Supreme Court allows criminal proceedings against companies without arraigning individual employees

The Supreme Court of India has held that criminal proceedings against a company cannot be quashed merely because the individual employee or officer involved has not been identified or made an accused. The Court clarified that the allegations must still show, at least prima facie, that someone acted for the company and that the circumstances support the required mens rea. The ruling raises the compliance stakes for companies because criminal exposure cannot be avoided simply by showing that no particular employee has been named. 

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