Author(s)
Mansi Modi, Nikhil Jain, Sonal kumar Rai
- Manuscript ID: 120706
- Volume 2, Issue 6, Jun 2026
- Pages: 848–859
Subject Area: Law and Legal Studies
DOI: https://doi.org/10.5281/zenodo.20489904Abstract
Corporate governance and regulatory compliance have emerged as fundamental pillars of the modern corporate framework. With the rapid expansion of business activities and increasing complexity of corporate transactions, ensuring adherence to statutory obligations has become a significant challenge for regulatory authorities. In India, the Companies Act, 2013 has introduced a comprehensive legal framework aimed at promoting transparency, accountability, and ethical corporate conduct. The effectiveness of this framework largely depends upon the mechanisms available for enforcement of corporate laws and regulations. Among these mechanisms, the role of the Company Prosecutor assumes particular significance.
A Company Prosecutor serves as an important legal authority responsible for initiating and conducting prosecutions against companies and their officers for violations of corporate laws. Through criminal proceedings, enforcement actions, and legal interventions, prosecutors ensure that companies remain accountable to shareholders, creditors, regulators, and society at large. Their role extends beyond merely obtaining convictions; they contribute to maintaining public confidence in corporate institutions, protecting investors, preventing fraud, and promoting good corporate governance.
The enactment of the Companies Act, 2013 marked a significant transformation in India's approach toward corporate regulation by strengthening investigative powers, enhancing penalties, establishing Special Courts, and empowering agencies such as the Serious Fraud Investigation Office (SFIO). These developments have increased the importance of company prosecutors in enforcing compliance and combating corporate misconduct.
This research article examines the role of company prosecutors in enforcing corporate compliance in India. It analyses the legal framework governing corporate prosecutions, the powers and functions of prosecutors, judicial developments concerning corporate criminal liability, and the challenges faced in prosecuting corporate offences. The study concludes that effective prosecution remains an indispensable component of corporate governance and that further reforms are necessary to strengthen prosecutorial efficiency and regulatory enforcement.