Corporate Mens Rea and Attribution after Sanofi India Ltd. v. Central Bureau of Investigation: Reassessing Corporate Criminal Liability in India

This case commentary examines the Supreme Court’s decision in Sanofi India Ltd. v. Central Bureau of Investigation and its approach to attributing a natural person’s state of mind to a company in criminal proceedings. It places the decision alongside earlier authorities on corporate criminal liability and considers the Court’s three-stage approach, which looks at the company’s constitutional documents, actual delegation of authority, and the purpose of the relevant statute. The commentary analyses the significance of the ruling that a company’s prosecution need not automatically fail merely because a particular employee has not been identified and arraigned. It also considers the limits of the framework, particularly the uncertainty involved in using statutory purpose as the final basis for attribution. It argues that the decision provides a more structured approach to corporate mens rea, while leaving important questions for future cases and legislative consideration.