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Amit Kumar Misra   23 December 2021

Multinational companies

A multinational company having office in India lies to its Indian employee in written about Health and safety and the same causes death of the employee.if the company is criminally liable for the same? If yes,under what sections?thanks



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 2 Replies

Anaita Vas   23 December 2021

Yes, corporations and other types of organizations can be held criminally responsible for their actions, just as individuals can be held criminally responsible.

 It is understood that criminal liability is attached where there is violation as per criminal law. The criminal liability of any act is based on the Latin maxim Actus non facit reum mens sit rea which means that to make a person or any entity liable it must be shown that there is an act or omission which is forbidden by law and with mens rea which is legally understood as having guilty mind. 

Where an individual is convicted and sentenced for criminal negligence causing death, it is not uncommon for a court to impose a period of imprisonment.

You can a negligence suit the multinational company in question and you can also file for compensation. 

Criminal Negligience is mentioned in Section 304A of the IPC - Casuing death by negligence. 

 

Reagrds,

Anaita Vas

Amit Kumar Misra   23 December 2021

Thanks for your reply.this is a ten year old blind case which was without evidence.now we have gathered the evidences.can we file a civil suit and a criminal complaint now? Thanks


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