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2025 Supreme(SC) 37

SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Sanjay Dutt & Ors. – Appellants
VERSUS
The State Of Haryana & Anr. – Respondents
Criminal Appeal No. 11 of 2025 (@ SLP (Crl) No. 7464 of 2024)
Decided On : 02-01-2025

Advocates appeared:
For the Petitioner(s): Ms. Meenakshi Arora, Sr. Adv. Mr. Sumesh Malhotra, Adv. Mr. Vikas Singh, Adv. Mr. Pawan Bhardwaj, Adv. Mr. Jayesh Yadav, Adv. Mr. Yashvi, Adv. Ms. Russai Sidhu, Adv. Ms. Chitra Singh, Adv. Mr. Lokesh Kumar Choudhary, AOR
For the Respondent(s): Mr. Akshay Amritanshu, AOR Ms. Drishti Saraf, Adv. Ms. Pragya Upadhyay, Adv. Ms. Swati Mishra, Adv.

IMPORTANT POINTS
(1) Vicarious liability – While a company may be held liable for wrongful acts of its employees, liability of its directors is not automatic – It depends on specific circumstances.
(2) When a complainant intends to rope in a Managing Director or any officer of a company, it is essential to make requisite allegations to constitute various liability.

Headnote:

(A) Indian Penal Code, 1860 – Section 34 [Bharatiya Nyaya Sanhita, 2023 – Section 3(5)] – Vicarious liability – While a company may be held liable for wrongful acts of its employees, liability of its directors is not automatic – It depends on specific circumstances, particularly interplay between Director’s personal actions and company’s responsibilities – A Director may be vicariously liable only if company itself is liable in first place and if such director personally acted in a manner that directly connects their conduct to company’s liability – Mere authorization of an act at behest of company or exercise of a supervisory role over certain actions or activities of company is not enough to render a director vicariously liable – There must exist something to show that such actions of Director stemmed from their personal involvement and arose from actions or conduct falling outside scope of its routine corporate duties – Where company is offender, vicarious liability of Directors cannot be imputed automatically, in absence of any statutory provision to this effect – There has to be a specific act attributed to Director. (Para 11)

(B) Indian Penal Code, 1860 – Section 34 [Bharatiya Nyaya Sanhita, 2023 – Section 3(5)] – Vicarious liability – It is cardinal principle of criminal jurisprudence that there is no vicarious liability unless Statute specifically provides so – An individual who has perpetrated commission of an offence on behalf of a company can be made accused, if Statute provides for such liability and if there is sufficient evidence of his active role coupled with criminal intent – Primary responsibility is on complainant to make specific averments as are required under law in complaint so as to make accused vicariously liable – For fastening criminal liability on officer of company, there is no presumption that every officer of company knows about transaction in question – Even where such provision for fastening vicarious liability exists, it does not mean that any and all Directors of company would be automatically liable for any contravention of such statute – Vicarious Liability would arise only if there are specific and substantiated allegations attributing a particular role or conduct to such Director, sufficient enough to attract provisions constituting vicarious liability and by extension offence itself. (Paras 12 and 13)

(C) Punjab Land Preservation Act, 1900 – Section 4 read with Section 19 – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Uprooting of trees – There is no vicarious liability that can be attached to any of directors or any office bearers of company – It is individual liability or act that would make person concerned liable for being prosecuted for offence punishable under Section 19 of Act, 1900 – There are no allegations worth name in complaint that appellants are directly responsible for uprooting of trees with aid of Bulldozers or JCB machines or causing damage to environment – Persons who were actually found at site felling trees have not been arrayed as accused in complaint – Allegations which find place against appellants in their personal capacity seem to be absolutely vague – When a complainant intends to rope in a Managing Director or any officer of a company, it is essential to make requisite allegations to constitute various liability – When jurisdiction is exercised on a complaint petition filed in terms of Section 156(3) or Section 200 of Cr.P.C., Court concerned should remain vigilant and apply its mind carefully before taking cognizance of a complaint of present nature – Impugned complaint and order taking cognizance hereby quashed. (Paras 10, 14, 15 and 19)

Facts of the case:

Present appeal arises from the judgment and order passed by High Court of Punjab and Haryana at Chandigarh by which High Court rejected the petition filed by the appellants herein invoking Section 482 of Code of Criminal Procedure for the purpose of quashing of complaint no. 41 of 2022 lodged by the Range Forest Officer for the alleged offence under Section 4 of the Punjab Land Preservation Act, 1900 punishable under Section 19 of the Act, 1900.

Findings of Court:

If it is the case of the department that the company has committed any breach or violation of any of the conditions imposed at the time of grant of license, then it is always open for authority concerned to proceed against the company for violation of such terms and conditions.

Result : Appeal allowed.

Judgement Key Points
  • The court examined a complaint alleging illegal uprooting of trees and environmental damage caused by certain accused persons involved in land development activities (!) .

  • The complaint detailed the involvement of the accused, including their roles as Project Manager, General Manager, and Director, and their association with the companies responsible for the illegal activity (!) .

  • Evidence presented included site inspections, statements from forest officials, and records of destroyed trees, confiscated articles, and seized machinery used in the offence (!) (!) .

  • The order of cognizance was based on prima facie evidence indicating the accused’s participation in the illegal act and violation of relevant land and forest laws (!) (!) (!) .

  • The court noted that allegations against the managerial or executive personnel were vague and lacked specific details linking them personally to the illegal activity (!) .

  • It was observed that statutory provisions did not support vicarious liability for company officers unless explicitly provided, and the complaint failed to establish personal acts of the accused individuals (!) (!) (!) .

  • The court emphasized that holding managerial or director positions does not automatically impose liability without concrete proof of personal involvement in the offence (!) (!) .

  • The legal framework requires specific allegations to establish individual liability, which were absent in this case, leading to the conclusion that the complaint did not justify proceeding against the accused persons (!) (!) .

  • Consequently, the court quashed the complaint and the order of cognizance, finding that the proceedings against the appellants were not justified due to lack of evidence of their personal involvement.


ORDER :

1. Leave granted.

2. This appeal arises from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 08-12-2022 in CRMM No.55268 of 2022 by which the High Court rejected the petition filed by the appellants herein invoking Section 482 of the Code of Criminal Procedure for the purpose of quashing of complaint no. 41 of 2022 lodged by the Range Forest Officer for the alleged offence under Section 4 of the Punjab Land Preservation Act, 1900 (for short “the Act, 1900”) punishable under Section 19 of the Act, 1900.

3. We have heard Ms. Meenakshi Arora, the learned senior counsel appearing for the appellants and Mr. Akshay Amritanshu, the learned counsel appearing for the respondents.

4. The short point that falls for our consideration is whether the plain reading of the complaint lodged by the Range Forest Officer discloses commission of any offence alleged to have been committed under Section 4 read with Section 19 of the Act, 1900.

5. The complaint reads thus:-

“PC No.1G/2022-23

Case No.41/22

7-9-22

IN THE COURT OF HON'BLE PRESIDING OFFICER

SPECIAL ENVIRONMENT COURT, FARIDABAD

IN THE MATTER OF

Range Forest Officer Gurugram …….Applicants

Vs.

(1) Satpal Singh Project Manager

(2) Kamal Sehgal General Manager

(3) Sanjay Dutt Director, Sec-113 Bajgera Gurugram …….Respondents

INDEX

S. No.

Particular

Page No.

1.

Report of Forest etc.

1-2

2.

Notice issued to Forest Criminals

3-4

3.

Form No.21

5-6

4.

Form No.22

7-8

5.

Notification

9-10

6.

Statement of Forest Guard

11-12

7.

Statement of Forest Inspector

13-14

8.

Site plan of Forest crime scene

15-16

9.

Reply of forest criminal

17-19

xxxx xxxx xxxx xxxx

Sd/-

Range Forest Officer,

Gurugram

Forest Crime Report

Forest Department, Government of Haryana

FOR Book No.0495

FOR No.079

Forest Division

Gurugram

Range/Bloc/Beat

Gurugram/Mullanpur/Jhadsa

Reach/Name of the place

Sec-113-Gate vida GGM

FOR No. (Date, Day & Time)

079/10495-02/09/2021

Name of the report issuing officer

Hansraj

Source of information about the crime

Self patrolling/informer/complaint

Date/Day/Time of the commission of the crime

Name and designation of the Investigating Officer

Sh. Virender Kumar Sr. Inspector

Description of the crime/ incident

No/If yes then No.

Act violated

Section

Indian Forest Act, 1927

Wild Life (Protection) Act, 1972

Punjab Land Conservation Act, 1900

Sec-4

Indian Penal Code

Description of criminal

Name

Father’s Name

Age

Caste

Address

(1) Satpal Singh

Project Manager

Sec-113, Gate Vida Bajgeda

Gurugram

(2) Kamal Gurugram Sehgal

General Manager

(3) Sanjay Dutt

Director

Description of confiscated articles

Details of confiscated forest produce

Type

Type/ Size

Numbers

Dead

Compensation amount

(1) Kikkar =7 (iv) (3) ________small plants = 62

(2) Kikkar = 5 (iv) (4) _________ (iv) = 46

(5) ,, ,, (v) = 72

(6) Misc. (u/s) = 126

Details of vehicle seized

Type

Regd. No.

Color

Model

Manufacture date

xxxxx

Total=ABSTRFC

Xxxxxx

U/s

V

IV

Total

--

7

5

12

126

72

46

244

Total

126

79

51

256

Tools/ Weapons

Xxxxxx

Xxxxxx

Xxxxxx

Xxxxxx

Xxxxxx

Ot

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