WHITE-COLLAR CRIMES IN INDIA by Zainub @LEXCLIQ

WHITE-COLLAR CRIMES IN INDIA

 

 Edwin Sutherland defined White Collar Crimes as:

“A crime committed by a person of responsibility and high Social Status in the course of his occupation

They can be classified as a crime by the educated and professional elites. Basically, they are nonviolent crimes committed by educated people of a higher class through fraudulent activities in the course of their employment. shaped in the 1930s by the sociologist and criminologist Edwin Sutherland. He used the term to describe the types of crimes commonly committed by ” persons of respectability “, people who are accorded high social status. Usually, it is a breach of trust.

Types of White Collar Crimes are:

  1. Blackmail – Blackmailers ask for a specific amount of money by threatening to harm the person or divulge their secrets.
  2. Computer fraud – involves hacking or stealing information.
  3. Embezzlement – when someone entrusted with money or property uses it for their own use.
  4. Bribery: Offering money, goods, or gifts to someone to take control of their actions. It is a crime to accept or offer a bribe.
  5. Money laundering: concealing the origin of illegally obtained money.
  6. Extortion: Illegal acquisition of property through actual or threatened violence.
  7. Bank-Fraud: engaging in activities to defraud a bank or use illegal means to obtain assets from financial institutions.
  8. Inside Trading: Use confidential information to negotiate in stocks of public ltd. companies.

Causes of White Collar Crimes-

  1. Lack of awareness: One of the main reasons for white-collar crime is people’s lack of awareness. The nature of crime is different from traditional crimes and people hardly recognize it, despite being the worst victims of crime.
  2. Some people think that others are breaking the law too, so there is nothing wrong with doing the same thing.
  3. Necessity: People commit economic crimes to satisfy their ego or to support their families.
  4. Unrealisable: Some people justify themselves with crimes because they believe that government regulations do not understand the practical problems of competition in the free enterprise system.
  5. It’s not really a crime: some criminals convince themselves that their actions are not crimes and are not similar to street crimes.

 

Judicial attitude towards white Collar crimes in India:

 

The government of India has introduced various regulatory legislations, the breach of which will amount to white-collar criminality. Some of these legislations are

  1. Essential Commodities Act 1955,
  2. the Industrial (Development and Regulation) Act, 1951.,
  3. The Import and Exports (Control) Act, 1947,
  4. the Foreign Exchange (Regulation) Act, 1974,
  5. Companies Act, 1956,
  6. Prevention of Money Laundering Act, 2002.

 

The Indian Criminal Code of 1860 is the most punctual, comprehensive, and classified criminal law in India and provides some basic standards related to white-collar crime such as fraud, counterfeiting, breach of trust, fraud. There are many different permits for counterfeiting that are expressly intended to deal with official offenses, for example, the Food Adulteration Prevention Act, 1954; The Corruption Prevention Act, 1988; Human Organ Transplantation Act 1994: Information Technology Act 2000; The Prevention of Money Laundering Act 2002; Food Safety and Standards Act 2006; The Lokpal and Lokayukta Act, 2013 and so on.

Binod Kumar v. State of Jharkhand & Others

This case has been brought against Jharkhand state ministers and the prime minister for possession of irresponsible money. The High Court had asked the central government to refer the case from the Enforcement Directorate to the IWC, using the powers granted to it under Article 45 (1A). The ministers were alleged to have large sums of money and although no evidence was found to incriminate them for the money laundering case, a rigorous investigation has been proposed. Since the court requested an investigation in India and abroad to determine that this wealth was acquired using the official position, it was intended to determine whether a white crime had been committed under the Corruption Prevention Act. 1988 and India’s Criminal Code of 1860. The IWC opened its investigation under the 1988 Corruption Prevention Act and India’s Criminal Code of 1860 to conduct an investigation. Due to the Anti-Money Laundering Act, it was only equivalent to the Enforcement Authority, which of course is subject to the power conferred on the central government under Article 45 (1-A) of the Anti-Money Laundering Act.

Abhay Singh Chautala vs C.B.I

In the present case, two applicants were charged with a criminal offense under Section 13 Paragraph 1 Letter E and Section 13 Paragraph 2 of the Prevention of Corruption Act 1988 in conjunction with Section 109 of the Indian Penal Code. In separate trials in 1860, it was alleged that both defendants had amassed disproportionately large fortunes as members of the Legislative Assembly when the Central Bureau of Investigation (CBI) began its investigation. It was found that the applicant’s father had acquired huge plots of land and the same as in the case of the applicant. The Supreme Court ruled that the applicant had assigned a position (s) to the defendant that was completely different from what he was holding at the time. The 1988 Corruption Prevention Act was found to be unfounded.

In Karnataka, two doctors, K. Jnanendrappa and K. Channakeshava were accused of performing false medical certification for Abdul Karim Telgi, who was involved in a multi-core paper storm to help him get bail on health grounds. Under the Corruption Prevention Act of 1988, both were sentenced to 7 years imprisonment and a fine of 14 lakh rupees each.

The New India Express reported that the Central Crime Division had arrested senior train ticket inspectors for leaking documents containing exam questions for the positions of agents and sub-inspectors for money.

 

Yahoo, Inc vs Akash Arora  

This was the first case in which an Indian court ruled on domain names. Plaintiff Yahoo Inc. commenced a lawsuit in the Delhi Supreme Court against the defendants, who sought a permanent injunction to prevent the defendants, their partners, servants, and agents from doing business and/or selling To advertise and in any way deal with services or goods on the Internet or in any other way under the brand/domain name ‘Yahooindia.com’ or any other brand/domain name associated with the Yahoo! The plaintiff also filed a motion. In this case from Yahoo! Inc., the Delhi Supreme Court has issued an injunction preventing the defendants from doing business or selling, offering for sale, advertising, and/or in any way involving any services or goods on the internet or otherwise under the Brand/domain name “Yahoo India” to trade .com “or any other brand/domain name that is identical or deceptively similar to the Plaintiff brand” Yahoo!

 

Conclusion-

As our society grows towards modernity and the world experiences new technological advances, the crime rate also increases faster. In particular, the growth in white-collar crime has been enormous. From medical to educational crimes online fraud cases are also increasing alarmingly. India as a developing country has struggled to grow its economy because of these crimes in general, and corruption in particular. Training where they could acquire the ability to track down these criminals, otherwise figure out who is a difficult, complicated and arduous task. The work of investigators needs to be reviewed to ensure transparency at work, as economic crimes are committed by people who enjoy a higher social status in their profession. The government needs to pass laws tough enough to lower the commission. and the system must be such that there are not only laws that severely punish the accused, but also eliminate the maximum number of cases in a short period of time; If this is not done, people will soon lose complete trust in the system as these crimes are committed by people who should act as role models for society.

Leave a Reply

LexCliq

choices are available, which can be chosen according to

uTorrent was cherished on account of its straightforwardness and quickness until BitTorrent, Inc. bought it. It was light and an open-source specialist organization before the buy, but it, in the long run, turned into an asset for benefit making and transformed into a shut source and overflowed with promotions. In spite of the fact that […]

Read More
LexCliq

Checklist For Smart Online Shopping

I was amazed how local cultures have preserved the units. There were many galleries, artists on his or her sidewalk and many local stores that have displayed collections of old binoculars. I have noticed which foreigners, especially Americans, spend a tremendous amount of a person to catch the opportunity to study the as well as […]

Read More
LexCliq

파워사다리 배팅법 홀짝 필승법 파워볼 양방계산기 노하우를 정리하여 승리하자 >파워볼/FX

페르난데스가 합류하기 전에 맨유는 기회조차 잡지 못했다”라고 덧붙였다.페르난데스는 지난 1월 이적 시장을 통해 스포르팅CP에서 맨유로 이적했다. 당시 맨유는 시즌 초반의 위기를 극복한 뒤 상승세를 타고 있었다. 페르난데스가 합류했을 때 맨유는 5위였다. 여기에 페르난데스의 영향력이 점점 커지면서 분위기가 더욱 뜨거워졌고, 결국 맨유는 리그 3위로 마무리했다.스콜스와 함께 방송에 참여한 리오 퍼디난드도 페르난데스를 칭찬했다. 그는 “모든 것이 그를 […]

Read More