In 2024, The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973 and the Indian Evidence Act 1872 were replaced with 3 new criminal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita & the Bharatiya Sakshya Adhiniyam. But, what could this new justice system mean for India’s corporate landscape? In this episode of CAM Radio’s Clear Cut, our Managing Partner Cyril Shroff, Justice Gautam Patel, senior advocate Amit Desai, our Partners Amita Gupta Katragadda, Ankoosh K Mehta, and Kapil Arora explore whether the new criminal laws would lead to greater invasiveness of criminal jurisprudence into areas that were traditionally corporate, dealing with vicarious liability, whether there may be an increased risk of unnecessary criminal proceedings by local authorities, whether the melting pot of corporate regulation and criminal law could mean new economic offenses, whether there’s a heightened risk of blackmail with the criminalization of corporate activities, the vague interpretation of terms like “entrustment”, issues of fabricated electronic evidence, how corporates can be proactive in the face of these new laws and more.
