Corporate Manslaughter and Corporate Homicide

Scope for a New Legislation in India

Nonfiction, Reference & Language, Law, Reference
Cover of the book Corporate Manslaughter and Corporate Homicide by Shivam Goel, Partridge Publishing India
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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'.

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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'.

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