On the Path of Decriminalising the Misdemeanours: Strides Towards Ease of Doing Business – The Underlying Principles and Arguments

Abstract

To foster the entrepreneurial spirit, removing the fear of criminal prosecutions for minor omissions and commissions in the normal course of business is of paramount importance and hence the Ministry of Corporate Affairs (MCA) being the corporate regulator is currently on decriminalisation drive. The MCA facilitates the ease of doing business through decriminalisation of compoundable offences under the Companies Act, 2013 and the Limited Liability Partnership Act, 2008 to start with. This article is an attempt to focus on the need for decriminalising and outline the principles adopted for such a process along with arguments for and against it.