OFFENCES UNDER IPC THART ARE COMMITTED BY A

COMPANY

Corporate Criminal Liability can be widely differentiated into 2:

1. Vicarious Liability
Vicarious liability is the liability that arises when an agent or an employee
acts in accordance of the orders of the Principal or the employer and if a
liability arises in the course of the employment the principal or the agent is
to be held liable.

Vicarious Liability is usually applicable for civil matters but in the case of
Commonwealth v. Beneficial Finance it was held by the court that the
corporations were deemed to be vicariously liable for the offences
committed by its employees.

2. Doctrine of identification
This doctrine basically sates that the individual members of the company
who is involved in the act that leads to criminal liability shall be effectively
identified and must be held liable for the same as the corporation itself
cannot be held liable for the act committed as they lack the ability to satisfy
the element of Mens Rea.

Salomon v Salomon and Co: House of Lords held that corporate entity is
separate from the person who acts on its behalf.

REFER HIGHLIGHTED PART IN THE ATTACHED DOCUMENT

FOR FURTHER DETAILS ON THE DOCTRINE