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Criminal liability of the corporate entity; its rights and liabilities under the indian constitution

Author:

Kubakaddi Basavaraj and Dr. M.D. Krishna

Subject Area:

Social Sciences and Humanities

Abstract:

For a Corporation to be convicted of a crime, the prosecution must prove that one or more agents committed all elements of the crime. This is relativity easy to do if a crime has occurred in a small organization, but the structure of large organization can make prosecution difficult, particularly where mensrea is an element of the crime. Where evidence of multiple guilty agents exists, the defense can exploit this ambiguity to create reasonable doubt as to each agent.

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