avishik goenka (secretary) 04 February 2013

Criminal proceedings against firms !!

hi !! CAN WE PROCEED WITH CRIMINAL CASES OF CHEATING, CRIMINAL BREACH OF TRUST, CRIMINAL CONSPIRACY - AGAINST ENTITIES LIKE - INSURANCE COMPANIES - PRODUCT MANUFACTURERS, WHO BECAUSE OF RELAXED NORMS OF CONSUMER COURTS DARE TO TAKE RESOURCELESS CONSUMERS FOR A RIDE !!

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4 Replies

(Guest)

@Querist,

Indian penal code is applied on a company too. A company is a juristic person.

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Thanks,

Regards,

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 04 February 2013

Agreed with Mr. Sumitra Kumar!

avishik goenka (secretary) 04 February 2013

thanks what i meant that firm try to defend on the ground that since remedy under consumer court is available ... hence no remedy lies in criminal courts !!

(Guest)

@Querist,

Consumer courts are meant for compensation and comes under civil remedy and this doesn't mean you can't go for criminal cases.Since the Objective of both laws is different-

1.The Objective of Civil law to ensure the civil rights and compensation in case of any injury. Here 'Injury' includes both physical and mental injury.

2. The Objective of Criminal law is to punish the offender with penal provisions.

Where Objective differes,there is no question of conflict between these laws.

Hope that clarifies the issue.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,