Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
WHITE COLLAR CRIME ,ITS FEATURES, SCOPE, AND CHARACTERSTICS
Typology: Thesis
1 / 18
This page cannot be seen from the preview
Don't miss anything!
UNDER THE SUPERVISION OF: Prof. (Dr.) PROMILA CHUGH Head & Dean, Faculty of Law M.D.University, Rohtak
SUBMITTED BY: AQUEEDA KHAN Regn. No. 00-RUR-
INTRODUCTION: Our study of White Collar Crimes, having American overtones, envisages the existing scenario of rampant Socio-economic offences and wide spread corruption in Indian context. The emerging trends of such crimes are elusive indeed in as much as the law and its enforcing agencies over all tends to be failing to prove the governance and its legitimacy to the satisfaction of common people who suffer at large. International bodies including the World Bank have over these decades laid increasing emphasis on corruption as one of the primary forces retarding development in the developing world. It appears to be an admitted fact of common knowledge that certain business, occupations and professions [having links (direct/indirect) with some power or status] provide opportunities for violation of rule of law in India since long. Such violations leading to number of socio-economic offences/ crimes which often attract no public attention (they deserve) in our country due to widespread poverty, illiteracy and rampant corruption in almost all organs/ agencies of governance due to systematic failure thereof. It was perhaps in background in the context of American society- a well-known criminologist- Sutherland conceptualized “white collar crimes’ which tend to have their demoralizing effect on the total crime- picture in India as well. Admittedly, besides the traditional crimes like assault, battery, robbery, dacoity, murder, rape, kidnapping and other acts and omissions involving violence, there are increasing number of anti-social and anti- human activities which the persons of upper strata, in a sick society like ours, carry on in course of their business, occupation or profession. Thus, any report or complaint against such business or occupation/professional tacties often goes unheeded and unpunished to the advantage of culprits-the violators of law leading to corruption in the form of white collar crimes all around. But the people know very little about the trickery of these business mafia criminals and even when they know, they are apathetic towards the problem and as enormity because of the bitter fact that the legal battles involving such crimes are dragged on for years in the courts and tribunals.
following headings: Concept and Definitions, Characteristic features of White Collar Crime.
Chapter-II deals with nature and scope of white collar crimes with legal basis and their classification.
In Chapter-Ill an attempt has been made to trace the Causative Factors of White Collar Crimes in India.
Chapter-IV is “Crime relating to Food Adulteration” with elaboration of Indian Laws on Food Adulteration viz. offences and Penalties etc.
The Chapter-V is “Crime Relating to Essential Commodities ” with penal provisions under the essential commodities Act, 1955.
Chapter-VI deals “Crime relating to Tax Evasion” with concept, forms and causes, consequential effects of tax evasion and avoidance. With brief laws explanation: towards reforms. Chapter-VII deals “Crime relating to Health, Educations and Legal Profession with elaboration of different aspects in society. Chapter-VIII The emphasis of this chapter has been on analysing the “Problem of Corruption” with causes and mechanics for specific types of issues and steps, Anti- Corruption Laws, Authorities, Courts-Investigation, Prosecution and Adjudication and efforts to curb corruption etc. In this Chapter-IX I have made my sincere attempt to throw light on white collar crimes-the emerging trends in India. Finally at the end, the conclusion is based on respective chapters along with the suggestions emerged out of this study. An’appraisal of discussion made in the previous chapters and suggestions are given for effective implementation of the laws, rules & regulations for curbing the menace in the interest of the people of country for their fullest enjoyments of basic needs, liberty & dignity of life as guaranteed by the constitution & others laws in India.
Hence, this modest research work is a sort of selective study of some socio-economic offences and white collar crimes especially relating to: food adulteration; essential commodities; tax-evasion; health, education and legal profession; with a brief thrust on anti-corruption laws in view of the universal emerging trends there of having their obvious significant impact in Indian context in the following chapters.
WHITE COLLER CRIMES IN INDIA - A RESTROSPECT
Historical background:
The American sociologist Edwin Sutherland first coined the phrase “White
In 1872 the Albert Morris refers to a paper entitled ‘Criminal capitalists’ which was read by Edwin C. Hill before the International congress on the prevention & Repression of crime at London. In 1934, Again Morris drew attention to the necessity of a change in emphasis regarding crime. He arrested that anti-Social activities of persons of high status committed in course of their profession must be brought with the category of crime and should be made punishable. Finally, E.H. Sutherland through his pioneering Work emphasised that these ‘ Upper Worked 1 crimes which are committed by the persons of upper Socio-economic groups in course of their occupation - violating the trust , Should be termed as “ White Collar Crime “ So as to be distinguished from traditional crime which he called “ Blue Collar Crime “ And the concept of White Collar Crimes found its place in criminology for the first time in 1941.
WHITE COLLAR CRIMES MAY BE CLASSIFIED IN TWO GROUPS:
c. Foreign exchange violation & export - import violation. d. Violation of Industrial, labour and environmental regulations. e. Hoarding and Black marketing. f. Adulteration of food drugs. g. Hawala & other Benami transactions. h. Co-ordinated drug trafficking and money laundeeing of proceeds. i. Bribery and other corrupt practices. j. Cyber Crimes i.e. crimes related to Intercut, Websites etc.
Thus, in most of developing countries, where corruption in public life is at Zenith - the degree of White Collar Crimes has also reached the menacing dimensions.
Govt. Officials from bottom to top are frequently reported to be engaged in many such crimes. Bank Scans. Fraud & Computer generated crimes Corporate frauds Crime in electronic banking, Counterfeiting coins & Currency Doctors & drug company’s cheats. Corruption in business. Black money. Misappropriation of govt, funds Match fixing etc. Are among the cases most frequently reported in media in India.
The term blue - collar crimes has come to mean those who work physically with hands and those who are Knowledge Workers are called White Collar Crimes. White Collar Crimes is relatively a new Species of crime whereas Blue Collar Crimes are traditional one. White Collar Crimes does not necessarily require mensrea whereas mensrea is an essential ingredient of a crime in Blue Collar Crimes. White Collar Crimes is not associated with poverty or with the social & personal pathologies of individual criminal as in case of traditional & connectional crimes. LAW COMMISSION REPORTS SINCE INDEPENDENCE The Report on the Commission on the prevention of corruption, 1964. The Report on the Commission of Inquiry on the Administration of Dalmia Jam Companies 1963; The Report on L.I.C. Mundra affairs; Das Commission Report 1964. Administrative Reforms commission on Reports; Report of the West Bengal Drugs Inquiry Commission on 1964. Law commission Report, No. 29 (1966) observed that modem Scientific and technological developments & monopolistic trends in business world have led to enormous increase in White Collar Crimes. Law commission of India, 47 th report Santhanam Committee Report in its findings gave a vivid picture of White Collar Crimes Committed by persons of respectability such as
The Code of Criminal Procedure (Act 11 of 1974)
Adulteration means mixing of foul things.
Cheating & frauds in eatable items.
As purity of food is the bed - rock of all national health and the foundation of a nation ’s welfare progress & happiness.
Adulteration of foodstuffs, Drinks & Drugs by the unscrupulous traders take undue advantage of Situations by Providing adulterated articles at a comparatively cheaper rate & make huge profits.
These trades resort to various ways of adulteration (Poisonous constituents) are open added to articles, starting from the stage of manufacture to that of sale of the articles, even at the risk or the consumer’s health, happiness & life. A no, of deaths are reported every year on account of food poisoning.
Some of the common adulterants in various articles are
1. Ice - Cream & Kulfi: injurious colour, Such as Succession, Sacral etc & Starch.
of particular market commodities in market, they create an artificial scarcity in order to indulge in so called business of profit easing black - marketing.
The existing provisions of criminal law have failed to eradicate or minimize such crimes & have not been able to bring the desired results as yet. Some of the Statutes dealing with profiteering, Black - Marketing & Hoarding etc.
It is often alleged that the actual tax paid by persons is only a fraction of their income & rest of the money goes into. Effects: Circulation as Black money scarcity. Revenue loss to the state i.e. dearth of resource. Honest tax payer suffers in the process of national Developments. Uncounted money cannot be declared or invested through lawful channels (inflation).
CRIME RELATING TO HEALTH:
Medical professions.
Illegal apportions. False medical certificate. Unnecessary prolonged treatment in many cases. Secret service to dacoits by giving expert opinion leading to their acquittal. Selling sample drugs & medicine to patients or chemists. Dilatory tactics adopted by doctors to extracts huge sums from patients.
CRIME RELATING TO EDUCATION:
Institutions manage to secure large sums by way of govt, grants or financial aid by submitting factitious & fake details about this is institutions. Teachers and other staff working receive meagre Salary for levs than what they actually sign for.
CRIME RELATING TO LEGAL PROFESSION:
Fabricating false evidence. Engaging professional meitances. Advising organized criminal. Aiding in professing false clavier. Violating ethical standard of legal profession.
PROBLEM OF CORRUPTION
Corruption is as old as Government. Most Indians are intimately familiar with Corruption with in the news as well as in personal transactions. As the Corruption is a
honesty & integrity. Though the anti corruption law & have analysed in the last chapter of my thesis. It is this law which needs much of its proper enforcement especially against those who are seldom prosecuted should be punished to the maximum. So also each of the laws which & have analysed in other chapters need their proper enforcement by all those who are in the balm of affairs. Be it the
The Prevention of Food Adulteration Act, 1954. The Essential Commodities Act, 1955. The Prevention of corruption Act, 1988. Tax evasion laws etc.
With this end in view, crimes may be classified in two parts VIZ.
SUGGESTIONS:
Thus, the harsh punishments should also be extended to White Collar Crimes, as well; and
The penalty might be extended up to sentence of death or life imprisonment the circumstances so demand.
The criminal liability for Socio -economic offences should be made absolute.
The Indian Evidence Act should also be modified so as to shift the burden of proof of innocence’s in case of White Collar, Socio-economic Crimes from the prosecution to that or the accused. The accused should be held liable for the violation of such laws, unless he proves innocence.
