Dec 31, 2021

Chairman or MD of Company Cannot Automatically be Held Vicariously Liable in Criminal Proceedings against Company

The Supreme Court (‘SC’), in the matter of Ravindranatha Bajpe v. Mangalore Special Economic Zone Limited[1] reiterated the principle that a chairperson or managing director (‘MD’) of a company cannot be made vicariously liable in criminal proceedings against a company, without specifically attributing to them, their role in the offences alleged against the company. Merely because an individual is a key managerial person of a company, he/she cannot be arrayed as an accused, and cannot be held vicariously liable for the offences committed by the company.

 

[1] 2021 SCC OnLine SC 806.

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