Advances in Consumer Research
Issue 2 : 96-99
Original Article
Criminal Liability in Consumer Protection: Analyzing Legal Remedies and Enforcement Challenges
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1
Principal, School of Law, Ideal Institute of Management and Technology, (Affiliated to GGSIP University), Delhi
2
Faculty of Legal Studies HRIT University
3
Assistant Professor Chandigarh group of colleges, Jhanjheri mohali, Punjab India- 140307 Chandigarh Law College Jhanjheri Research Scholar Chhatrapati Shahuji Maharaj university, Kanpur
4
Dean Students’ Welfare IMS Law College, Noida
5
Assistant Professor AURO University, Surat
6
Asst. Prof., Symbiosis Law School, Pune
7
Assistant Professor SVKM'S Narsee Monjee Institute of Management Studies, Deemed to be University, Indore, Madhya Pradesh, India
Abstract

The evolution of modern commerce, characterized by globalized supply chains and complex e-commerce interfaces, has necessitated a paradigm shift in consumer protection from purely compensatory civil remedies to stringent criminal enforcement. This paper analyzes the conceptual framework of criminal liability in consumer protection, focusing on the transition from caveat emptor (buyer beware) to caveat venditor (seller beware). It examines the legal provisions governing criminal offenses—such as the sale of spurious goods, misleading advertisements, and culpable negligence—under modern statutes like the Indian Consumer Protection Act, 2019, and comparative international frameworks. Through an analysis of landmark case laws, the study identifies critical enforcement challenges, including the difficulty of establishing mens rea in corporate entities, the digital anonymity of modern fraudsters, and the jurisdictional limitations of national laws. The paper concludes that while criminalization serves as a potent deterrent, its efficacy is contingent upon robust regulatory institutionalism and international cooperation

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