Supreme Court Holds Corporate Criminal Liability for Mens Rea Offences Does Not Require Individual Identification at Quashing Stage

Case Snapshot

• Case Name: Sanofi India Ltd. v. Central Bureau of Investigation

• Citation: 2026 INSC 957

• Bench: Justice J.B. Pardiwala and Justice Manoj Misra

• Date of Judgment: September 7, 2026

• Area of Law: Corporate Criminal Liability, Mens Rea, Attribution, Criminal Procedure, Quashing of Proceedings

The Judgment in One Line

Supreme Court dismisses Sanofi's appeal seeking quashing of criminal proceedings, holding non-identification of individuals does not bar prosecution of corporate entity for offences requiring mens rea.

Why This Judgment Matters

This is a landmark judgment on corporate criminal liability in India. The Supreme Court provides a comprehensive framework for attributing mens rea to corporations, drawing extensively from English law. The ruling clarifies that a company can be prosecuted for offences requiring mens rea even without identifying or arraigning individual employees at the threshold stage. The judgment also distinguishes between vicarious liability (where company arraignment is required) and direct attribution (where individual arraignment is not a prerequisite). This decision will significantly impact corporate prosecutions in India.

Background

Sanofi India Ltd. was arraigned as an accused in a CBI case alleging conspiracy with a BARC scientific officer to procure medicines at inflated rates. The chargesheet alleged offences under Section 120B r/w Section 420 IPC and Sections 11,12,13(2) r/w 13(1)(b),(d) of the Prevention of Corruption Act. No employee or official of Sanofi was named as an accused.

Sanofi sought qu

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