Revisiting The Scope Of Vicarious Liability In The Indian Penal Code

Arindum Nayak, National University of Juridical Sciences (NUJS), Kolkata

ABSTRACT

In a criminal context, vicarious liability assigns guilt, or criminal liability, to a person for wrongful acts committed by someone else. The classical position under law had always been against the imposition of vicariously liability in criminal cases. However, recent development both under Indian law and that of legal jurisprudence in general, are have gradually rejected this idea. Increasing, vicarious liability has been featuring more often in cases involving criminal acts. Even in instances where this principle is summarily rejected, courts have taken upon themselves to provide a strong justification against its imposition. This paper takes a look at the doctrine of vicarious criminal liability and analyses the recent developments in terms of case laws while trying to understand its standing and implications under the context of its modern-day significance. The research in this paper has been undertaken in light of the 146th Report of the Parliamentary Standing Committee on Home Affairs which had recently recommended that there is a need for a comprehensive review of the criminal justice system of the country.