Share on LinkedInShare on LinkedIn

ARTICLE · 27 AUGUST 2015

Corporate Criminal Liability: Revisiting Iridium

PSA
Explore more from PSA

The complexity shrouding the issue of criminality of a corporation was settled by the Supreme Court ("SC") in Iridium India Telecom Ltd. v. Motorola Inc. case.

IndiaCriminal Law
PSA
PSA
Author LinkedIn connections

Introduction

The complexity shrouding the issue of criminality of a corporation was settled by the Supreme Court ("SC") in Iridium India Telecom Ltd. v. Motorola Inc.1 case. In January 2015, it got an opportunity to decide criminal liability of corporate officers for the acts of a company and to examine the principle of alter ego. This recent ruling in Sunil Bharti Mittal v. Central Bureau of Investigation ("CBI") and Others2 once again chartered into the territory of the corporate criminal liability and relied on Iridium case to determine the issue at hand.

This newsletter discusses the principle of attribution, which talks about the identification of the person whose acts will be instrumental in imputing criminal liability to the company. It touches upon the evolution in the concept of attributing mens rea to a company by analyzing the case of Iridium and Sunil Bharti Mittal.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Understanding Forgery And Use Of A Forged Document

“Commercial disputes being given a criminal colour” is a routine issue faced by criminal courts across the country, and the Hon’ble Supreme Court of India has also quashed several criminal complaints pertaining to commercial/civil claims for that reason. It is important to note that, in such criminal complaints, the usual allegations involve offences of cheating, criminal breach of trust, forgery, and the use of forged documents.
IndiaCriminal Law
S&A Law Offices
S&A Law Offices
Article

Combatting Cyber Frauds In India: Prevention And Legal Remedies

In the vast expanse of the digital realm, where convenience, connectivity, and progress reign supreme, a new and insidious shadow looms. Cyber fraud has emerged as a formidable adversary, exploiting every crack in the virtual world. With the rise of online banking scams, phishing schemes, identity theft, and fraudulent transactions, the threat of cyber fraud has seeped into every corner of our digital lives.
IndiaCriminal Law
MZM Legal, Advocates & Legal Consultants
MZM Legal, Advocates & Legal Consultants
Article

What Is A “Predicate Offence” And Why Does It Matter In Every ED Investigation?

The Enforcement Directorate's power to investigate money laundering cases hinges entirely on a fundamental legal concept: the predicate offence. Without a legitimately registered scheduled crime serving as the foundation, can the ED legally pursue a money laundering investigation? This analysis explores how the predicate offence acts as both an operational catalyst and a constitutional check on the ED's sweeping powers under the Prevention of Money Laundering Act, 2002.
IndiaCriminal Law
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

Resetting The Clock – Insolvency And Bankruptcy Code (Amendment) Act, 2026

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (“Amendment Act”) received Presidential assent on April 6, 2026, marking the most significant reform to India’s insolvency framework since the original enactment of Insolvency and Bankruptcy Code’s (“IBC”) in 2016 (and has yet to become law). Over the last decade, the IBC has transformed India’s insolvency landscape by improving creditor recoveries, shifting control from defaulting promoters to creditors and creating a modern regulatory framework where none existed before.
IndiaInsolvency/Bankruptcy/Re-Structuring
PSA
PSA
Article

Retention Clauses Under Scrutiny: Enforcing Service Bonds In India

Indian courts are increasingly treating service bonds as legitimate commercial tools rather than automatic restraints on employment. When an employee leaves prematurely after receiving training or specialized benefits, can employers enforce bonds requiring compensation? This analysis examines the evolving judicial framework that determines when service bonds are valid, what evidence employers must provide, and how courts calculate recoverable damages when bonds are breached.
IndiaEmployment and HR
PSA
PSA