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International business executives working in India face significantly greater personal criminal risk under the Bharatiya Nyaya Sanhita, 2023. The new framework has widened the corporate conspiracy provisions and increased responsibilities and accountability on the shoulders of individual directors, going beyond traditional company protections. Criminal litigation lawyers in India working with foreign companies are required to perform risk assessment and prepare defence strategies at an early stage, as the new framework focuses on decisions made at the board level and holds companies responsible for oversight responsibilities. Under Section 111 (which replaces IPC Section 120B), the law introduces stricter corporate conspiracy regulations. The directors can now be held personally liable if the organisation fails to comply with the regulations or makes decisions which violate them. This includes approvals from the Board, subsidiary management choices, cross-border business transactions, and policies impacting regulatory compliance.
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