Courts Supreme Court
Supreme Court allows prosecution of company without naming officers
The case concerns whether a corporate entity can be prosecuted for criminal offences requiring mens rea (such as conspiracy and corruption) without any of its individual officers or employees being named as co-accused.
The Supreme Court is reviewing the High Court's refusal to quash the criminal proceedings against the company.
Who it concerns: Appellant: Sanofi India Ltd.; Respondent: Central Bureau of Investigation (CBI); Bench: Justice J.B. Pardiwala.
What the court decided
- The Court granted leave to appeal.
- The Court framed the specific issue: Whether the High Court ought to have quashed the criminal proceedings against the Appellant company on the ground that no natural person had been identified and arraigned alongside it.
- The Court initiated an analysis of corporate criminal liability, specifically examining the 'identification principle' and the attribution of mens rea to corporations under Indian and English law.
Also in the document
- The judgment is marked as 'REPORTABLE'.
- The appeal arises from a High Court order dated 15.02.2019 which dismissed the petition to quash the proceedings.
- The Court notes that the prosecution alleged the company conspired with a public servant and paid an illegal gratification, but no employee of the company was arraigned as an accused in the chargesheet.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 7 Sep 2026
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