The Changing Role of Criminal Law in Controlling Corporate Behaviour

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.

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Publication Details

Journal
International Journal of Education Modern Management Applied Science & Social Science
Published
2025-06-30
DOI
https://doi.org/10.62823/ijemmasss/7.2(iv).7882
Primary Topic
Regulation and Compliance Studies
Type
article
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article

The Changing Role of Criminal Law in Controlling Corporate Behaviour

Abhishek Saxena
International Journal of Education Modern Management Applied Science & Social Science
Regulation and Compliance Studies
article

The Changing Role of Criminal Law in Controlling Corporate Behaviour

Abhishek Saxena
article en

Abstract

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.

International Journal of Education Modern Management Applied Science & Social ScienceVol. 07(02(IV))
Openalex Percentile: Top 68%
Regulation and Compliance Studies
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