An Author-Craft for White Collar Crimes with Some Charges on Such Mumbo Jumbo (original) (raw)
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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.
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.
WHITE COLLAR CRIMINALITY IN INDIA: A CRITICAL ANALYSIS
ALIGARH LAW JOURNAL, 2020
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.
Impact of White Collar Crime and Essence of Special Enactment: Bangladesh Perspective
International Journal of Humanities, Social Sciences and Education, 2019
termed "White Collar Crime" so as to be distinguished from traditional crime which he called, "Blue Collar Crime". Thus he observed that if a broker shoots his wife"s lover, that is not a White Collar Crime, but if he violates the law and is convicted in connection with his business, he is a White Collar Criminal. [1] The term "White Collar Crime" has been in frequent use in the literature of American Criminology since December 1939 to indicate the practice of chicanery and lotion of highly placed persons. In December, 1939 Edwin H. Sutherland used the term "White Collar Crime" in his presidential address Abstract: White Collar Crime is one of the major evils in the modern world. This study looks into this dreadful issue of White Collar Crime as it emerged awfully in some of the third world countries including Bangladesh. It is not an isolated phenomenon in itself but closely linked with various socioeconomic factors of some post-colonial nations. This study also focuses on the present impact of this heinous crime on the society as well as on the administration of justice in Bangladesh. A number of bygone years have witnessed the rise of this evil doings in every aspects of the society and now it has become a crying need to enact special laws to encounter with this crime as the offenders of this crime are exceptional in nature. This study also shows the possible outcome of various efforts which should be taken by Government so as to protect the society from the curse of this crime.
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.
Regulating the Hasty Evolution of White-collar Crime in South Asian Region: A Critical Study
South Asian Law Review, 2020
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.
White-Collar Crime and The Legal Battle Against Deceit
Zenodo (CERN European Organization for Nuclear Research), 2023
White-collar crimes, characterized by non-violent, financially motivated offences committed by individuals or entities in positions of trust, pose significant challenges for legal enforcement. This article provides a comprehensive overview of white-collar crimes, their categories, reallife case studies, the Indian law, and the multifaceted challenges faced in their control. Drawing inspiration from sociologist Edwin Sutherland's pioneering work, the article delves into the complex landscape of financial manipulation, corruption, cybercrime, and more. It explores the legal arsenal employed globally, including the United Nations Convention against Corruption and the Financial Action Task Force, highlighting their role in fostering international cooperation. The Indian legal landscape, encompassing the Prevention of Corruption Act, the Information Technology Act, and other regulations, is dissected to reveal its response to these offences. The article accentuates the importance of robust investigation techniques, digital forensics, and whistleblower protection in curbing white-collar crimes. Furthermore, it illuminates the challenges-ranging from the intricacies of evidence collection and corporate accountability to the transnational nature of offences-that beset legal enforcement. This synthesis encapsulates the holistic approach required to maintain the integrity of financial systems, protect stakeholders, and preserve societal trust in the face of ever-adapting white-collar crimes.
Analysing the Concept of Deviance in Legal Profession; “One of the Facet of White Collar Crime”
IJCRT - International Journal of Creative Research Thoughts (IJCRT), 2021
During the early barbaric society there was no existence of criminal law system, back then it was "A tooth for a tooth, an eye for an eye and a life for a life". In the light of the controversies which took place back in the day by the legal professionals, this paper is a meek effort to study this endemic. The paper inspects the ambiguity under the present apparatus. i.e., the Statutes, Articles of the Constitution of India which are formulated to discipline the errant practices by the lawyers and judges. Where some lawyers, out of many, who get caught, are punished, where the judicial attitude towards White Collar Crimes deals with attitude of Judiciary towards the crimes numerous judgments delivered by Judges in favour and safeguarding the culprits.; the provisions related to impeachment of judges quaff in Article 124(4) & (5) of Constitution of India as well as the Judges(Inquiry) Act, 1968, is pining on effective and fortunate application.
White collar crimes: A comprehensive analysis
International Journal of Judicial Law
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...