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Uphaar Theatre Tragedy Essay

830 Words4 Pages

Glanville Williams, the Welsh legal scholar once said “A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings”. The artificial nature of a company implies that the decisions of a company or any action taken by the company are taken for it by natural persons. Any decisions on the behalf of the company are generally taken by its board of directors or the members in a general meeting or by agents, officers and employees of a company. In such a case, a question arises whether the decisions taken on behalf of a company or the acts done on behalf of the company have been done in such a way so as to attribute them to …show more content…

The legislative failure to convict the wrongdoers brought along with it the realisation that the provisions of Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) were not adequate to deal with the crimes committed by large scale corporations. The whole debate regarding the corporate criminal liability and the inability of the provisions of the IPC to deal with the same was revived again after the unfortunate incident of the Uphaar theatre tragedy. The tragic event claimed the lives of 59 people due to the negligence of the directors and management of the cinema company. The provisions of IPC stipulate punishment for various criminal offences which can be imposed on the convicts and ranges from simple and rigorous imprisonment, forfeiture of property, fine to life imprisonment and death. The difficulty arises in applying these sections upon a company since the criminal statute needs to be strictly interpreted wherein there is no scope for corporations to be

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