In Criminal Laws,
Four types entities are liable
1) Human Beings
2) Corporations
3) Statutory bodies
4) Government bodies.
For criminal actions, Corporations, Statutory bodies and Government bodies cannot be put in jail. But fine can be imposed on them.
The key persons of these bodies, who are vicariously liable for criminal actions, can also be put inside jails. Sometimes a Minister can also be held liable.
In foreign countries, laws of vicarious criminal liability are more explored. In India, law is yet to be explored by legal experts.
All Erroneous Decisions are not per se criminal.
There can be "Wrong but not criminal decisions."
The application of criminal law is gone if it is found that "Decision were erroneous but were not motivated by any MalaFide intention"
Once it is said, that allotments of coal blocks were bad since 1993, it is a case of erroneous beliefs.
1) The Criminality for Taking Decisions is gone.
However,
2) Criminality for preparing false document, forge documents or for destroying evidence, or for reckless negligence, etc however remains.
The conclusion :
If something is being done since 1993, an accused can very well say that he was following precedents and he had no criminal intention.
Haresh Raichura
27/8/14
