Published Paper Details:

Corporate Criminal Liability (CCL) jurisprudence has become increasingly significant in India amidst rapid economic growth and globalization. This research paper delves into the evolution of CCL jurisprudence in India, examining pivotal judicial decisions, legislative provisions, enforcement challenges, and recent developments. The analysis aims to provide a comprehensive understanding of the current state of CCL, identify shortcomings in existing legal frameworks, and propose policy recommendations to enhance corporate accountability. The research explores landmark cases such as Standard Chartered v. Directorate of Enforcement and Aneeta Hada v. M/s Godfather Travels & Tours Private Limited, which have shaped the trajectory of CCL jurisprudence in India. These cases elucidate the principles of corporate liability and address the complexities surrounding vicarious liability in the absence of explicit statutory provisions. However, challenges persist in establishing mens rea and attributing corporate misconduct to individual directors. The effectiveness of current sentencing regimes, predominantly reliant on fines, is critically evaluated. Despite efforts to impose substantial fines, their deterrent effect on corporate misconduct remains dubious, especially for large corporations capable of absorbing financial penalties. Enforcement challenges, including spillover effects and the burden on government resources, underscore the imperative for alternative sentencing mechanisms. Identified gaps in the legal framework reveal deficiencies in addressing corporate criminal intent and holding corporate directors accountable for organizational wrongdoing. The absence of innovative sentencing options, regulatory fragmentation, and inadequate legislative provisions pose significant hurdles to prosecuting corporate offenders effectively. To address these challenges and enhance corporate accountability, policymakers are urged to consider a multifaceted approach. Proposed policy recommendations include the introduction of innovative sentencing options beyond fines, consolidation of regulatory oversight, legislative reforms to clarify corporate criminal intent, and capacity building for law enforcement agencies and judicial officers. In conclusion, while India has made strides in recognizing corporate accountability, there remains a pressing need to strengthen legal frameworks for CCL. By implementing the proposed policy recommendations and fostering collaboration among stakeholders, India can fortify its stance on corporate accountability and align with global best practices in combating corporate misconduct.