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The Case Of Standard Chartered Bank And Ors Essay

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Introduction
Indian law imposes both civil as well as criminal liability on corporations. Criminal liability, was earlier not associated with corporates due to the absence of mens rea and Indian Courts were of the view that corporations could not be criminally prosecuted. However the case of Standard Chartered Bank and Ors. vs Directorate of Enforcement [(2005) 4 SCC 530] held that corporations are liable for criminal offenses and can be prosecuted and punished, at least with fines and settled the position of law regarding the criminal liability of a corporation. Further, the newly enacted Companies Act, 2013 (“Companies Act”) has not only expanded the definition of “officer in default” but also enlarged the corporate governance requirements. The Companies Act has also amplified the circumstances under which, if the obligations cast on the corporation are not complied with, the company and its officer in default could either be fined or imprisoned. There are other prevalent statutes such as the Environment Protection Act, 1986, the Industrial Disputes Act, 1947, Water (Prevention and Control Pollution) Act, 1974 which lay down provisions and circumstances under which companies can be prosecuted. Under these statutes, when a ‘person’ committing an offence is a company, or other body corporate, every officer or person concerned with or in charge of the management shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of

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