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WHITE COLLAR CRIMES AND CRIMINAL LAW IN INDIA
This paper provides a detailed understanding about the newer form of crime as known white collar crimes. With the advent of technology and grouth of education, white collar crimes are on the rise, being protected by professionals in law findings loopholes in the existing law and judiciary and support from the government indirectly.
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Umeed Qadri
This paper provides a detailed understanding behind the motives of people committing crimes. Researchers have named ―the people committing crime, where the crimes were minimal and confined to a particular area of administration‖ as Grass Eaters. People involved in white collar crimes and which has spread in almost all fields of business are termed as Meat Eaters. With the advent of technology and growth of education, white collar crimes are on the rise, being protected by professionals finding loopholes in the judiciary and support from the government indirectly. This has created a nexus where people from almost all walks of life have started forming group to do white collar crimes and being protected by professionals in law. This has lead to a situation where the small timers have become white collar criminals. Talking about the prevalence of white collar crimes in India, they are spreading like a rapid fire in every sphere of society. Though corruption, one of the species of white collar crimes, has been the most talked about issue in all spheres-social, economic and political, not much stringent steps/actions have been taken to curb this menace. Therefore the concern of this paper is to define white collar crime, study its historical development and formulate tentative solutions for eradicating the problem.
ALIGARH LAW JOURNAL
Ali Ibrahim
White collar criminality is causing a potential threat to socioeconomic life of each and every country in the world. It is distinct from traditional crimes and therefore demands different treatment. In India, white collar crimes include bank frauds, blackmail, bribery, computer fraud, counterfeiting, environmental schemes, racketeering, embezzlement, money laundering, tax evasion, telemarketing fraud, weight and measures etc. To combat the menace causing by this form of criminality, the Indian government has enacted several laws from time to time. However, despite having plethora of laws on white collar criminality the pertinent question that still exists is whether these laws are implementing effectively in India. This question has prompted the authors to make critical analysis on the working of laws dealing with white collar criminality by studying two important surveys from 2014-2017. Lastly, some valuable suggestions are also put forward hoping to contribute in effective implementation of such laws.
Dr. Shobhit Singh
White Collar Crimes denote those anonymous, impersonal, indirect and difficult to detect variety of crimes which have been tagged as concentrated in the upper classes and many a times countermanding the requirement of mens rea. These differ from the conventional crimes in the genesis, pertinacity of intent and responsibility, pedagogics of criminology and penal philosophy as well as the pattern of law enforcement, trial procedure and sanction applied. Hence, this research paper pinpoints at length the characteristics, types, causes as well as the convolution involved in dealing with these crimes. The approach of Indian judiciary has also been traced down to uncover its leaning towards the repression of such crimes. Furthermore, the research paper diagnoses the fact that when there have been plurative white collar crimes in the nature of accounting scandals, corporate crimes, financial frauds, industrial espionage, instances of money laundering, mortgage fraud, securities fraud, terr...
International Journal of Behavioral Research & Psychology (IJBRP)
White-collar crime as moral or ethical violations follows ideals inherent within the principles of natural law. Natural law focuses on behaviors or activities that are defined as wrong because they violate the ethical principles of a particular culture, subculture, or group. The immoral nature of the activities is seen as the foundation for defining certain types of white-collar activities as criminal. Some prefer to call white-collar crime as violations of criminal law. White-collar crimes are criminally illegal behaviors committed by upper class individuals during the course of their occupation. From a systems perspective, those working in the criminal justice system would likely define white-collar crime as criminally illegal behaviors. Crime, in this context, is defined as “an intentional act or omission committed in violation of the criminal law without defense or justification and sanctioned by the state as a felony or misdemeanor” (Tappan, 1960, p. 10). The consequences of white-collar crime can be characterized as; individual economic losses, societal economic losses, emotional consequences, physical harm and positive consequences as well. Research on white-collar crime attitudes is important for empirical, cultural, and policy-driven reasons (Piquero, Carmichael, & Piquero, 2008). Because white-collar offenses are viewed as equally serious as street crimes, there may be a tendency among some to view white-collar criminals as similar to street criminals (Payne, 2003b). Many crime prevention programs work. Others don’t. Most programs have not yet been evaluated with enough scientific evidence to draw conclusions. Enough evidence is available, however, to create provisional lists of what works, what doesn’t and what’s promising. Those lists will grow more quickly if the Nation invests more resources in scientific evaluations to hold all crime prevention programs accountable for their results. Both crime and criminal have become the focus of attention in the present day Kashmiri society. It is a regrettable fact that we have not so far undertaken comprehensive macro and micro level studies of crimes in Kashmir which could have facilitated a better understanding of its causes and effects and help to devise proper remedial measures. It is evident from the facts that white-collar crimes in Kashmir are increasing day by day. There are multiple causes of white-collar crimes in Kashmir. The consequences of white-collar crime can be characterized as (1) individual economic losses, (2) societal economic losses, (3) emotional consequences, (4) physical harm and (5) “positive” consequences. Research on white-collar crime attitudes is important for empirical, cultural, and policy-driven reasons (Piquero, Carmichael, & Piquero, 2008). Keywords: White-Collar Crime; Criminal Behavior; Criminal Law; Consequences And Crime Prevention.
South Asian Law Review
Md. Hasnath Kabir Fahim , Mohammad Aktarul Alam Chowdhury
In the contemporary world of technological advancement and industrial revolution, white-collar crime is a ubiquitous phenomenon and thus transmits various threats towards the modern civilizations. Diverse types of elite class-generated socioeconomic felonies though do not trigger any personal physical injury but remarkably impair the economic fabric of the people of South Asian regions disintegrating their stock markets, public interest and government economy. Consequently money laundering, bribery, falsifying company accounts, tax evasion, intellectual property theft, human trafficking, medicine contamination, financial embezzlement and forgery have taken epidemic form in countries like Bangladesh, India, Pakistan and Nepal. To this context, this research is an attempt to make critical study on the diversified modes of commission of white-collar crime and its impacts on socioeconomic values and orders of the South Asian countries. The paper further aims to analyse the relevant legal regime of the aforesaid countries dealing with such crimes within their territories. The study also examines various causes of white-collar crime taking place within these neighbouring countries. It lastly imparts some possible recommendations to safeguard their interest from the curse of white-collar crimes.
International Journal of Humanities, Social Sciences and Education
IRJET Journal
Every job has a professional value and importance. These professionals have numerous opportunities to commit fraudulent activities in practice of their profession. The commission of these fraud activities happen only as part of their job. While consigning their assignment, doctors, teachers, engineers etc., encompasses some waggish acts for personal boon and against professional ethics called as white collar crimes. These acts of white collar crimes are now easily available due to the growth of Cyber facilities. The culprits of White Collar Crimes definitely ruin own reputation and the reputation of the place they work. It is quite natural that a professional will be assigned with some tasks while delivering their duties. Professional ethics speaks about the honest delivery of duties and responsibilities by the professionals. If it is done with a criminal objective to scam others to attain pecuniary benefit, the ambit of White Collar Crimes arises. The reputation will be quashed down in a sympathetic way. The consequences of committing white collar crimes will be faced wholly or partially by the organization in which the employee works. The good will, name and fame of the Organization will be affected very badly. Hence it may affect millions of customers, projects, assignments, future commitments too. The unique reason that drive the professionals to negotiate White Collar crime is greed. It is being done by renowned professionals.
Tanusree Chakraborty
International Journal of Judicial Law
sachin singh parihar
White-collar crimes and economic offenses have increased alarmingly as a result of the modernization of crime, a disturbing trend that threatens to destroy the economy globally. White-collar crimes are admittedly very common in third-world nations and are thus by no means a new occurrence. The convergence of business and the law, as well as their interactions with innovation, moral discourse, and public perception, as well as the evolution of state regulations over time, are what give white-collar crimes their historical foundation. Since white-collar criminals were not viewed as the “typical criminals” who committed robbery, or murder, it will not be an exaggeration to argue that it took a long time for the law to recognize this form of the malicious act under the canopy of crime. Instead, there was a perception that white-collar offenses were victimless and less detrimental to society than crimes like robbery. White-collar offenders still face substantially lighter punishments tha...
International Journal of Engineering Technology Research & Management
SIDHARTHA S E K H A R DASH
Concept of the legality of an action traverses through various popular and interchangeable words, yet adheres to specific meaning in every different legal circumstance. Illegal, unlawful, offence, irregular are seeming the same but the treatment given to these words in criminal jurisprudence worth exploration for learners of law. Every illegality is unlawful whereas every unlawful is not illegality. Immoral act not necessarily becomes illegal and irregular act without prejudice is curable. The author here analyses the concept of illegality for the beginners of law. Findings: Every illegality is unlawful whereas every unlawful is not illegality. Immoral act not necessarily becomes illegal and irregular act without prejudice is curable.
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| Title: | White collar crime vis a vis Genesis of Corruption in India A Social Legal Study |
| Researcher: | Singh, Ajay |
| Guide(s): | |
| Keywords: | Law Social Sciences Social Sciences General |
| University: | Banaras Hindu University |
| Completed Date: | 2021 |
| Abstract: | The concept of white-collar crime found its place in Criminology for the first time in the newlineyear 1940, when Sutherland has published his research paper on White-Collar Criminality .1 He newlinedefined white-collar crime as a crime committed by a person of respectably and high social status in newlinethe course of his occupation. But, later he modified his definition and re-defined it as a crime newlinecommitted by a person of the upper socio-economic class who violates the Criminal Law in the course newlineof his occupational or professional activities. newlineIn India, where corruption is at its zenith in public life, the degree of white-collar crime has newlinealso reached menacing dimensions. Corruption is everywhere, from the lowest rung of service to the newlinehighest echelon of bureaucracy. For the last two decades, the cases of Bank-scams, Hawala-fraud, and newlineComputer generated crimes are frequently reported in India. newline |
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International Journal of Science and Research (IJSR) Call for Papers | Fully Refereed | Open Access | Double Blind Peer Reviewed
ISSN: 2319-7064
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Research Paper | Law | India | Volume 8 Issue 4, April 2019 | Rating: 6.4 / 10
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Judicial Approach towards White Collar Crimes in India
Sagar Sharma --> Sagar Sharma
Abstract: White Collar Crimes are the crimes committed by the people of high social status and respectability during their course of their occupation. Some of the examples of white collar crimes are corruption, food adulteration, forgery, cyber crimes etc. In order to deal with these white collar crimes, The Indian Penal Code, 1860 is one of the most exhaustive and classified criminal law in India. Other than The Indian Penal Code, 1860 various acts were enacted to deal with these types of white collar criminals. Thus, this paper throws a light on the acts which were enacted to punish the white collar criminals.
Keywords: White Collar Crimes, Cyber Crimes, Lokpal, Corruption
Edition: Volume 8 Issue 4, April 2019
Pages: 1076 - 1079
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Text copied to Clipboard! Sagar Sharma, " Judicial Approach towards White Collar Crimes in India ", International Journal of Science and Research (IJSR), Volume 8 Issue 4, April 2019, pp. 1076-1079, https://www.ijsr.net/getabstract.php?paperid=ART20197076
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White. collar crime, which is a generic term for all forms of criminal misuse of trust, creates great problems. of economic, political, and moral damage to all segments of American society, and ...
Impact Of White Collar Crime In India Moin Aftab1, Irshad Ali2 12jamia Millia Islamia, New Delhi Abstract: This paper intends to investigate the occurrence of white collar crime in India, its development over time, and its effects on the economy and society. White collar crime refers to financially motivated, nonviolent offenses
ir professionsTHE LAW CONCERNING WHITE COLLAR CRIME Two prevalent white-collar crimes in Indian industry a. d trade are hoardings profiteering and black marketing. White collar crime is defined as breaching any of the regulations that the Indian government ha. laced in place these. Companies Act, 2013.
This research paper critically examines the landscape of white-collar crime identification in India, shedding light on the types of offenses prevalent, the mechanisms employed for detection, and ...
This research article analyses a critical study on white collar crime in India. And to understand the concept of white collar crime in India. White collar crime basically means the crime committed by the educated people belonging to a higher class of society during the course of their occupation. In this paper, the author has discussed about what
This paper provides a detailed understanding behind the motives of people. committing crimes. The prevalence of white collar crimes in India, they are. spreading like a rapid fire in every sphere ...
The consequences of white-collar crime can be characterized as; individual economic losses, societal economic losses, emotional consequences, physical harm and positive consequences as well. Research on white-collar crime attitudes is important for empirical, cultural, and policy-driven reasons (Piquero, Carmichael, & Piquero, 2008).
The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. ... White collar crimes A study of emerging trends in India: Researcher: Khan, Aqueeda: Guide(s): Chugh, Promila: Keywords: Adulteration Avoidance Crimes
assist in the eradication of white collar crime from India. The work is not considering other material for its support but is relying exclusively upon the judicial precedents. Thus, the work is directly proceeding from the judicial activism. The judiciary has taken a serious note of the growing intensity of the white-collar crimes.
and fairly dealing with and remediating corporate frauds and other white-collar crimes that arise. This paper examines the responses provided by respondents, which cut across a cross-section of stakeholders in/working with India Inc. on twelve themes concerning white-collar crimes on
This argument says white-collar criminal knowledge is required despite increased crime. It will then decide whether the idea should be adjusted, such as emphasizing criminal deeds rather than criminals. The text links victimization, white-collar crime, and legal and illegal business activities. Consider white-collar crime's benefactors and victims.
approach, the research delves into the intricate web of factors that contribute to this burning issue. KEYWORDS: White Collar Crimes, Corporate Deception, Frauds, Economy. INTRODUCTION Edwin Hardin Sutherland, A prominent criminologist and sociologist of 20th century from America was the first to describe the term "white collar crime".
The consequences of white-collar crime can be characterized as; individual economic losses, societal economic losses, emotional consequences, physical harm and positive consequences as well. Research on white-collar crime attitudes is important for empirical, cultural, and policy-driven reasons (Piquero, Carmichael, & Piquero, 2008).
White Collar Crime Survey By Indian National Bar Association Indian National Bar Association, 8/11, Jangpura extension, New Delhi-110014 ... Advisor, student section, INBA. I also thank research team headed by Ms. Palak Arora , chairperson , student section, INBA and researchers Ms. Arushi sethi , Ms. Avni Agarwal & Mr. Akshaye Ahuja.
The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. ... White collar crimes an analytical study: Researcher: Goyal, Shruti: Guide(s): Singh, D J: Keywords: Civil liability Corruption Criminal liability Indian penal code ...
Thus, a core goal of the Journal of White-Collar and Corporate Crime (JWCCC) is to support new socio-legal and political interventions through targeted policy change and critique (Alvesalo-Kuusi & Barak, 2020), and by embracing proposals to regulate and prevent white-collar and corporate crime from a multidisciplinary background (see for ...
The concept of white-collar crime found its place in Criminology for the first time in the newlineyear 1940, when Sutherland has published his research paper on White-Collar Criminality .1 He newlinedefined white-collar crime as a crime committed by a person of respectably and high social status in newlinethe course of his occupation.
Miranda A. Galvin is an Assistant Professor in the Department of Sociology, Anthropology, and Criminal Justice at Towson University. Her research broadly considers issues related to white-collar crime, criminal prosecution and sentencing, and public policy. She received the American Society of Criminology's Division of White-Collar and Corporate Crime's Early Career Scholar Award in 2020.
White collar criminals are engaged in such felonious activities such as, fake employment placement rackets, black marketing, medical deviant activities , tax evasion, cybercrime, credit card fraud ...
Prevention of white collar crime a big challenge in India, white collar crime in Indian businessman as a part of that ... Paper ID: MR23502092950 ... International Journal of Science and Research (IJSR) ISSN: 2319-7064 SJIF (2022): 7.942 . Volume 12 Issue 5, May 2023 www.ijsr.net . Licensed Under Creative Commons Attribution CC BY in the world ...
JETIR1905D93 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 658 A CASE STUDY ON WHITE COLLAR CRIMES ... 1Chandigarh University, Mohali, India. Abstract: This paper provides a detailed comprehension about a new form of crime which is known as white collar crimes. In ... 4 "White Collar Crime" available at http ...
In order to deal with these white collar crimes, The Indian Penal Code, 1860 is one of the most exhaustive and classified criminal law in India. Other than The Indian Penal Code, 1860 various acts were enacted to deal with these types of white collar criminals. Thus, this paper throws a light on the acts which were enacted to punish the white ...
The changing dynamics f o white-collar crime in IndiaThe changin. e paper by Forensic & Integrity ServicesIntroductionPositive market sentiment and increased investor confidence have catapul. ed India to the forefront of the investment scenario. The Government's 'Make in India' initiative to further liberalize 25 sectors under the foreign ...