Case Note & Summary
The petitioner, Sanofi India Limited (formerly Aventis Pharma Limited), a public limited company, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings in Special C.C. No. 226/2017 pending before the XLVI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCH-47). The petition also challenged the impugned order dated 01.06.2017. The core legal issue was whether a company alone can be prosecuted for criminal offences without its directors. The petitioner argued that a company, being a juristic entity, cannot have mens rea and cannot be prosecuted for criminal offences without impleading the natural persons who are responsible for the acts. The respondent, Central Bureau of Investigation (CBI), opposed the petition. The court, after hearing arguments, held that a company cannot be prosecuted alone for criminal offences without its directors, as the company acts through its directors and officers, and the element of mens rea cannot be attributed to a company in isolation. Consequently, the court allowed the petition and quashed the proceedings in Special C.C. No. 226/2017.
Headnote
A) Criminal Law - Prosecution of Company - Vicarious Liability - Whether a company alone can be prosecuted for criminal offences without its directors - The court considered the question whether a company, being a juristic entity, can be prosecuted for criminal offences requiring mens rea without impleading its directors or officers - Held that a company cannot be prosecuted alone for criminal offences without its directors, as the company acts through its directors and officers, and the element of mens rea cannot be attributed to a company in isolation (Paras 2, 5).
Issue of Consideration
Whether a company alone can be prosecuted for commission of criminal offences without its directors?
Final Decision
The petition is allowed. The proceedings in Special C.C. No. 226/2017 pending before the XLVI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCH-47) are quashed.
Law Points
- Criminal liability of company
- vicarious liability
- mens rea
- prosecution without directors
- quashing of proceedings
