Corporate Manslaughter and Corporate Homicide
Scope for a New Legislation in India
Nonfiction, Reference & Language, Law, Reference
| Author: | Shivam Goel | ISBN: | 9781482846829 |
| Publisher: | Partridge Publishing India | Publication: | June 26, 2015 |
| Imprint: | Partridge Publishing India | Language: | English |
| Author: | Shivam Goel |
| ISBN: | 9781482846829 |
| Publisher: | Partridge Publishing India |
| Publication: | June 26, 2015 |
| Imprint: | Partridge Publishing India |
| Language: | English |
A corporation is an artificial legal person, existing only in the contemplation of law, having perpetual succession and common seal. Can a corporation commit crime, for its inability to form mens rea? If yes, then can it be accused of crimes as grave as homicide? Even post the Bhopal Gas Tragedy and the Uphaar Cinema Tragedy, absence of legislation such as the Corporate Manslaughter and Corporate Homicide Act, 2007 (UK) is no less a pity. Absolute liability theory (coupled with deep-pocket theory), though is an improvisation over the strict liability theory but has failed to ensure corporate criminal deterrence. This book is an attempt to ponder over issues relating to corporate criminal behaviour, in particular 'corporate homicide' and 'corporate manslaughter'.
A corporation is an artificial legal person, existing only in the contemplation of law, having perpetual succession and common seal. Can a corporation commit crime, for its inability to form mens rea? If yes, then can it be accused of crimes as grave as homicide? Even post the Bhopal Gas Tragedy and the Uphaar Cinema Tragedy, absence of legislation such as the Corporate Manslaughter and Corporate Homicide Act, 2007 (UK) is no less a pity. Absolute liability theory (coupled with deep-pocket theory), though is an improvisation over the strict liability theory but has failed to ensure corporate criminal deterrence. This book is an attempt to ponder over issues relating to corporate criminal behaviour, in particular 'corporate homicide' and 'corporate manslaughter'.
