Bombay High Court Quashes Criminal Negligence Case Against Company MD: No Vicarious Liability Under IPC or BNS

Introduction

In a significant ruling clarifying the scope of criminal liability of corporate executives, the Bombay High Court has held that Indian criminal law does not recognise vicarious liability unless expressly provided by statute. The Court quashed criminal proceedings against the Managing Director and a civil engineer of a construction firm, ruling that criminal negligence cannot be presumed solely based on managerial position.

The judgment reinforces a foundational principle of criminal jurisprudence: personal culpability is indispensable for criminal prosecution.

Factual Background of the Case

Construction Project and Incident

  • Year of Incident: October 2017

  • Project: Construction of an overbridge at Wardha railway station

  • Contractor: Someshwaraya Infrastructure, owned by Krishna Mandadi, a railway contractor

  • Incident:

    • A pit was dug at the construction site

    • A two-and-a-half-year-old child, son of a labourer working at the site, drowned in the pit

According to records:

  • The child followed his mother, who was leaving the site to visit a doctor

  • The mother was unaware the child had followed her

  • The child accidentally fell into the construction pit

Criminal Case Registered by Police

Charges Invoked

The Wardha police registered an FIR against:

  1. Krishna Mandadi – Managing Director

  2. Venkata Pantala – Civil Engineer

Under:

  • Section 304A, Indian Penal Code (IPC) – Causing death by negligence

  • Corresponding provision under new law: Section 106, Bharatiya Nyaya Sanhita (BNS), 2023

Plea Before the Bombay High Court

Grounds for Quashing

The accused approached the Bombay High Court seeking quashing of proceedings on the grounds that:

  • They were not directly involved in day-to-day site operations

  • No specific act of negligence was attributed to them

  • Criminal liability was being imposed solely due to their positions

  • The engineer had joined the company after the incident

High Court’s Ruling

Bench Composition

The matter was decided by a Division Bench comprising:

  • Justice Urmila Joshi Phalke

  • Justice Nandesh Deshpande

Key Findings of the Court

The Court quashed the criminal proceedings, holding that:

  • IPC does not recognise vicarious liability

  • Criminal responsibility cannot be fastened merely due to managerial designation

  • No law under IPC or Bharatiya Nyaya Sanhita creates automatic criminal liability for company officials

  • There were no specific allegations showing how the MD was personally negligent

The Court emphasized that criminal law is concerned with personal acts, not institutional hierarchy.

Court’s Observation on Vicarious Liability

The High Court categorically observed:

  • Vicarious liability exists only where a statute expressly provides for it

  • Even where such provisions exist, all directors are not automatically liable

  • Liability arises only when:

    • A specific role is attributed

    • There are substantiated allegations of involvement or negligence

Engineer’s Role Examined

The Court also noted:

  • The civil engineer joined the company after the date of the incident

  • There were no allegations connecting him to the accident

  • His prosecution was therefore legally untenable

What Is Vicarious Liability?

Meaning in Law

Vicarious liability is a legal principle where one person is held liable for the wrongful act of another, even without direct involvement.

Position in Criminal Law

  • General rule: Criminal law does not recognise vicarious liability

  • Exception: When a statute explicitly creates such liability

Examples Where It Exists

  • Negotiable Instruments Act, 1881 (Section 141)

  • Companies Act, 2013 (specific offences)

  • Environmental laws and labour statutes

In absence of such statutory provision, vicarious criminal liability cannot be inferred.

What Is Absolute Liability?

Concept Explained

Absolute liability is a doctrine under which a party is held liable without fault or negligence, typically applied in hazardous or dangerous activities.

Origin in Indian Law

  • Developed by the Supreme Court in M.C. Mehta v. Union of India (Oleum Gas Leak case, 1987)

Key Features

  • No defences such as:

    • Act of God

    • Third-party intervention

  • Applies mainly in civil liability, not criminal prosecution

Absolute liability does not extend to criminal negligence under IPC or BNS.

Statutory Provisions Involved

Indian Penal Code (IPC)

  • Section 304A – Causing death by negligence

    • Requires direct, rash or negligent act

    • Punishes personal negligence, not institutional association

Bharatiya Nyaya Sanhita, 2023

  • Section 106 – Corresponds to IPC Section 304A

  • Continues the same principle of personal culpability

Constitutional Principles Involved

Article 21 – Right to Life and Personal Liberty

  • Criminal prosecution affects liberty

  • Courts must ensure fairness and due process

  • Liability without fault violates substantive due process

Article 14 – Equality Before Law

  • Penal liability must be based on conduct, not status

  • Treating directors as automatically liable would be arbitrary

Key Judicial Precedents

Sunil Bharti Mittal v. CBI (2015)

The Supreme Court held:

  • Directors cannot be prosecuted only because of their position

  • Criminal liability requires:

    • Active role

    • Specific allegation

    • Mens rea or negligence

Maksud Saiyed v. State of Gujarat (2008)

  • Vicarious liability must be statutorily created

  • Criminal law does not permit implied vicarious responsibility

Sham Sunder v. State of Haryana (1989)

  • Criminal liability is personal

  • There is no vicarious liability unless statute provides

Legal Significance of the Judgment

Why This Ruling Matters

  • Protects executives from mechanical prosecution

  • Reinforces rule of law and fairness in criminal process

  • Prevents misuse of criminal law in workplace accidents

  • Distinguishes civil negligence from criminal culpability

Conclusion

The Bombay High Court’s ruling reaffirms a cornerstone of criminal jurisprudence: there can be no criminal liability without personal fault. While workplace safety and accountability remain crucial, criminal law cannot be stretched to punish individuals solely due to corporate hierarchy.

The judgment draws a clear boundary between moral responsibility and legal culpability, ensuring that criminal prosecution remains rooted in specific acts, evidence, and statutory authority — not assumptions based on position.

Location: Pune, Maharashtra, India

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