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IPC Doesn’t Provide For Vicarious Liability For Offence By A Company

The Supreme Court in HDFC Securities Ltd. & Ors vs State of Maharashtra & Anr. has recently held that the Indian Penal Code, 1860, does not provide for vicarious liability for any offence alleged to be committed by a company. A division bench of Justice PC Ghose and Justice Amitava Roy also held that if and when a statute contemplates creation of such a legal fiction, it provides specifically therefore, e.g. Negotiable Instruments Act, 1881.

Article referred: http://www.livelaw.in/ipc-doesnt-provide-vicarious-liability-offence-company-sc/

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