AUTHORED BY: GAURAV PURI (MANAGING PARTNER, GLS LAW OFFICES)
ABSTRACT:
This paper discusses the following issues – (1) What is the genesis, nature and extent of Corporate Criminal Liability of Directors? and (2) What is the nature and extent of the Doctrine of Corporate Criminal Liability of Directors vis-à-vis Environmental Crimes with special reference to Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974? The paper focuses on tracing the genesis of corporate criminal liability of directors and studies its nature and extent and further evaluates the criminal liability of the directors in cases of environmental crimes based on the analysis in the former section. The research evaluates the hindrances in holding the directors of a company criminally liable for committing environmental wrongs despite the legislation for protection of environment in India. In this regard the literature referred to contains peer-reviewed articles and journals along with relevant legislations and case laws.
Published in: Himachal Pradesh National Law University Law Journal (ISSN: 2582-8533), Nov, 2020