In Brief
A guest at Hyatt Regency Hotel fell from the 6th to 4th floor while on a terrace used for smoking. The hotel, its Managing Director, General Manager, and staff were charged with negligence under Sections 336/338 IPC and Section 4 COTPA 2003. The Supreme Court held that the Managing Director cannot be prosecuted solely because of his position without specific allegations of his active role and criminal intent directly linked to the negligence. The General Manager's prosecution was partly quashed regarding COTPA charges, as the hotel had provided a designated smoking area. Corporate criminal liability requires proven active involvement, not vicarious responsibility based on title alone."
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