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Essay On Collective Blindness

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STATUTORY RECOGNITION
Section 11 of the IPC reads as “The word person includes any Company or Association or body of persons, whether incorporated or not.” Section 11 seeks to define, person is firstly not exhaustive. It simply declares that it includes (a) a company or association (b) a body of persons whether incorporated or not. Secondly the definition operates unless the context warrants otherwise. Section 3 (42) General Clauses Act, 1987 which says that person shall include any company or association or body of individuals, whether incorporated or not. Vicarious liability principle applies in case of companies also who can be held liable for acts committed by some natural persons who are identified with it because in such a case the acts and intentions of those who control the corporation are deemed to those of the corporation itself . The provisions in the flow chart given above …show more content…

Only the people within a company can commit a crime. However, once one accepts that the entire notion of corporate personality is a fiction there seems no reason why the law should not develop a concomitant corporate mens rea fiction. The real question is not whether the notion of a corporate mens rea involves a fiction, but whether, of all the fictions, it is the one that most closely approximates modern-day corporate reality and perceptions.
The Collective Blindness Doctrine:
Courts have found corporations liable even when it wasn’t a single individual who was at fault. The Courts considered the sum knowledge of all the employees to come to this conclusion. This is known as the “Collective Blindness Doctrine”. The rationale behind this is to prevent corporations from compartmentalizing their work and duties in such a way that it becomes elementary for them to evade liability by pleading ignorance in the event of any criminal prosecution.
The Willful Blindness

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