Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Doctrine of vicarious liability Directors/Controlling authorities of company Criminal Law When not liable Corporate criminal liability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Criminal Law – Doctrine of vicarious liability –Corporate criminal liability – Directors/Controlling authorities of company – When not liable – On 16.10.13, the victim came to the hotel in question to meet two resident guests of the hotel who were American citizens – All three were having food and wine in the club on the 6th floor and were frequently going out on terrace for smoking – Victim fell from the terrace of 6th floor to the 4th floor of the hotel and got injured – Appellants-accused charged u/ss.336,338 r/w s. 32, IPC and s.4, 2003 Act– Chargesheet inter alia alleges criminal negligence and violation of license conditions by the hotel management – High Court declined to quash the FIR registered against the appellants – On appeal, held: To prove guilt u/s.338, in addition to the elements u/s.336 (the act, done rashly and negligently, to endanger human life or personal safety), an additional consequence of grievous hurt is to be proved – No allegation is made against the accused no.2, Managing Director of the accused no.1 (the listed public company which runs the Hotel in question) directly attributing negligence with the criminal intent attracting provisions u/ss.336, 338 r/w s. 32, IPC – Mere fact that he was chairing the meetings of the company and taking decisions, by itself cannot directly link the allegation of negligence with the criminal intent – Individual either as Director/ Managing Director/Chairman of the company can be made an accused, along with the company, only if there is sufficient material to prove his active role coupled with the criminal intent – Although it is the case of the accused no.4-General Manager, that he was also out of country on the date of incident, he being the General Manager of the very hotel stands on different footing to that of accused no.2 – When there is allegation of violation of licence conditions and negligence against the General Manager and other staff members, appropriate findings can be recorded after fullfledged trial – Further, in absence of the allegations that the hotel has not provided any smoking area at all in the entire hotel, there is no reason to prosecute the accused for the alleged offence u/s.4, 2003 Act – No offence is made out against both the appellants – Chargesheet filed against the accused no.-2 as also the summoning order passed by the Metropolitan Magistrate, stands quashed – Chargesheet filed against the accused no.4 is also quashed, however summoning order is quashed only to the extent of proceedings initiated u/s.4, 2003 Act – Cigarettes and Other Tobacco Products (Prohibition of Trade and Commerce, Production, Supply and Distribution) Act, 2003 –”Regulations for keeping places of public entertainment in Delhi 1980"– Regulation 19 – Code of Criminal Procedure, 1973 – ss.205, 317 and 482 – Doctrines |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2019 INSC 949 |
Petitioner | Shiv Kumar Jatia |
Respondent | State Of Nct Of Delhi |
SCR | [2019] 11 S.C.R. 210 |
Judgement Date | 2019-08-23 |
Case Number | 1263 |
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