lEGAL POSITION IN INDIA

There are offences in the Indian Penal Code which describe the offences of serious nature where under a corporate body also may be found guilty, and the punishment prescribed is a mandatory custodial sentence. In the case of Standard Chartered Bank vs. Directorate of Enforcement, AIR 2005 SC 2622, it was held that the company is liable to be prosecuted and punished for criminal offences. The Supreme Court rejected the notion that the company could avoid criminal prosecution in cases where a custodial sentence is mandatory. As the company cannot be sentenced to imprisonment, the court cannot impose that punishment, but when imprisonment and fine are prescribed as punishment the court can impose the punishment of fine which could be enforces against the company. In Aneeta Hada vs. Godfather Travels and Tours Pvt. Ltd, [2012 5 (SCC 661)], in this case, the dispute was related to deciding the liability of corporate in dishonor of cheque. The Supreme Court discussed the extent of vicarious liability in case of corporate. The company being a juristic person is liable for the acts of others. In the other case of Iridium India Telecom Ltd vs. Motorola Inc.,[(2011) 1 SCC 74], the Supreme Court held that in all jurisdictions across the world which are governed by the rule of law companies and corporate houses can no longer claim immunity from criminal prosecution on the ground that they are not capable of possessing mens rea.

Criminal

Cheque Bounce

Bail

Cheating Fraud

Economic Offences

Bail

  • Regular Bail
  • Anticipatory Bail
  • Appeal in High Court and Supreme Court

Appeal & Revision

  • Criminal Appeal
  • Criminal Revision
  • Appeal before the Hon’ble High Courts and the Hon’ble Supreme Court of India

Banks & Other Financial Institutions

  • Cheque bounce/Dishonour of cheques
  • Criminal Proceedings under Section 138 of the Negotiable Instruments Act, 1881
  • Misappropriation and Siphoning of Funds

Economic Offences

  • SEBI Act, 1992
  • FEMA, 1999

FIR’s & Complaints

  • Drafting and Filing of Complaints before the Police or Magistrate/Court
  • Filing of First Information Reports (FIRs)
  • Quashing of FIRs and Criminal Complaints under Section 482 of the Code of Criminal Procedure

Offences Under Other Criminal Laws

  • Prevention of Money Laundering Act;
  • Prevention of Corruption Act, 1988
  • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act
  • Smugglers and Foreign Exchange Manipulators Act, 1976
  • Juvenile Justice Act, 2000
  • Narcotics & Drug violations barred by the Narcotics, Drugs & Psychotropic Substances Act, 1985
  • Immoral Traffic (Prevention) Act, 1956
  • Arms act, 1959
  • Electricity Theft under Electricity Act, 2003
  • Maintenance Claims under Section 125 of Cr.P.C., 1973
  • Contempt of Courts Act, 1971

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