i). Is criminal liability under section 489-F PPC attributable to a company?
ii). Does the person who signs the cheque on behalf of the company have any criminal liability under section 489-F PPC?
Generally, liability under criminal law is subject to proof of fault (mens rea) on the part of the accused person coinciding with his act or omission (actus reus). The Latin maxim "actus non facit reum nisi mens sit rea" (an act itself does not constitute guilt unless done with a guilty mind) encapsulates this principle.
In Pakistan, the legislature may allow prosecution of corporations through a special law. Section 11 of the Pakistan Penal Code, 1860, 13 embodies the concept of corporate criminal liability under the general law. According to that section, the term "person" "includes any company, association, or body of persons, whether incorporated or not.
The term “whoever” in section 489-F PPC encompasses all offenders without distinction, whether natural or juristic persons. Resultantly, criminal liability for dishonestly issuing a bad cheque is attributable to a company and it can be prosecuted.
The criminal liability under section 489-F PPC of the person signing the cheque on the company’s behalf should depend on his role, position and authority within the company. We have already seen that the mens rea of those managing the company’s affairs, and its directing mind and will, may be attributed to it in certain circumstances. However, the prosecution must prove that that particular person was in-charge of the company's operations at the time of the commission of the offence. It is also important to point out that the offence under section 489-F PPC is not one of strict liability. Penal consequences depend on proof of dishonesty.
Crl. Misc. No. 52233/B/2022
Kabeer Akbar vs The State etc.
08-12-2022
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