ISO 9001:2015

The Changing Role of Criminal Law in Controlling Corporate Behaviour

Abhishek Saxena

Corporate criminal behaviour has emerged as a significant threat to economic stability, social trust, and ethical business practices in the globalised era. Historically, criminal law targeted individuals, with corporations largely shielded by legal doctrines that resisted attributing culpability to artificial entities. Over the past few decades, however, the paradigm has shifted. Legal systems worldwide have progressively recognised the need to hold corporations criminally liable for misconduct ranging from financial fraud and environmental harm to human rights violations. This paper examines the evolving role of criminal law in controlling corporate behaviour, with a particular focus on the Indian context and comparative insights from jurisdictions such as the United States, the United Kingdom, and Australia. Through a doctrinal review and critical analysis of statutory developments, case law, and enforcement mechanisms, the study explores how criminal law has moved beyond punitive sanctions to incorporate compliance incentives, corporate probation, and whistleblower protections. It further analyses the interplay between deterrence, corporate governance reforms, and stakeholder activism in shaping responsible business conduct. While criminal law remains a vital tool for accountability, challenges such as enforcement capacity, judicial delays, and the risk of over-criminalisation persist. The paper concludes with recommendations for strengthening the deterrent and corrective potential of corporate criminal liability through integrated, adaptive, and globally coordinated legal strategies.

Saxena, A. (2025). The Changing Role of Criminal Law in Controlling Corporate Behaviour. International Journal of Education, Modern Management, Applied Science & Social Science, 07(02(IV)), 121–134. https://doi.org/10.62823/ijemmasss/7.2(iv).7882

DOI:

Article DOI: 10.62823/IJEMMASSS/7.2(IV).7882

DOI URL: https://doi.org/10.62823/IJEMMASSS/7.2(IV).7882


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