White Collar Crimes in India (A Study)

We have often heard about bank frauds, corruption, fabrication of documents, and evasion of taxes, such Crimes cause harm to the economy of the country or threaten a country's economy, ultimately hurting the society. Well, these are what we call white-collar crimes.

White-collar crime is a nonviolent crime that is frequently characterized by deception or concealment to get or prevent losing money or property, or to gain a competitive edge for oneself or a company. Financially driven, nonviolent, or indirectly violent crime committed by people, businesses, and government officials is referred to as "white-collar crime."

Securities fraud, embezzlement, corporate fraud, and money laundering are a few examples of white-collar crimes.

MEANING : -

 A criminal act carried out by members of the reputable and upper classes of society. This offense is perpetrated by them while they are working.

According to reports, the phrase "white-collar crime" was first used in 1939 and has subsequently grown to refer to the entire spectrum of frauds performed by business and government personnel.

The persons who are committing this crime typically understand technology, their particular field, disciplines, etc. better. White-collar crimes have greatly developed during the past few years.

THE CAUSE OF WHITE-COLLAR CRIME IN INDIA: -

 There are several causes, including those listed below, that contribute to the rise of white-collar crimes in India.

·       The growing ease of effect: Since the cost of such crimes is much higher than that of other crimes like murder, robbery, or burglary, the victim will need some time to recover. Technology has also made it simpler and quicker to cause harm or loss to the other person. The competition would decline as a result.

·       Competition: Competition suggests that there will always be rivalry between two people, and the survivor will be the one who can best adapt to the environment.

·       Absence of clear and stringent legislation: Due to the influence of the internet and digital technology on crime, Laws are reluctant to pursue these cases as researching and tracing become a challenging and complicated task as crimes are influenced by the internet and digital methods of transfer payments.

·       Using contemporary: technology Large-scale crimes can be committed with less oversight from the law thanks to technology's increased reach. People have been duped by various frauds, like the credit card scam, numerous times.

·       Not having Awareness: White-collar crime is not like other types of crime in the same sense. Most people are unaware of this and do not realize that they are the worst types of crime victims.

WHITE-COLLAR CRIMES THAT FREQUENTLY OCCUR IN INDIA:

 According to the Indian bar association keeping in mind the changing dynamics of white-collar crime in India, the Central Bureau of Investigation (CBI) has found a total of 6,533 cases of corruption over the last 10 years, of which 517 cases have been recorded over the last two years.

·       Bank fraud is a crime that involves someone taking money or property from a bank without authorization. Fraud can also happen when someone impersonates a bank or other financial institution while taking money or other assets from the people.

·       Bribery is a type of white-collar crime when a person solicits another person's services in exchange for money, a favor, or something of value. Bribery would occur, for instance, if an electoral official demanded wine from a voter before allowing him to cast a ballot.

·       Cybercrimes: The Information Technology Act of 2000 is the only piece of legislation that covers crimes related to cybercrime. Since it is impossible to describe a crime of this sort when computers and the internet are involved, the precise definition of cybercrime has not been provided in any acts or laws.

·       Money laundering: A person is said to have committed the crime of money laundering when they successfully conceal their illegally gained money by converting their illicit funds into legitimate funds. For instance, the BCCI (Board of Control for Cricket in India) was accused of using the guns and narcotics smuggling markets to launder $23 billion.

 WHITE COLLAR CRIMES IN DIFFERENT SECTORS :

Medical practitioners who lack a license to practice medicine may commit white-collar crimes in several situations. The doctor who was treating the patient turned out to be a charlatan who just misled the patients by neglecting to properly treat them and fleeing with their money. The issuance of false medical certificates, the facilitation of illegal abortions, and the sale of sample pharmaceuticals and medicines directly to patients.

Legal professionals frequently submit fabricated evidence and counterfeit witnesses in court in exchange for payment or other services from their clients. fabricating witnesses and manipulating the evidence. Where there is document fabrication in the legal profession. threatening the other party's witnesses & breaking the law's ethical rules to profit financially.

White collar offenses in education: To get subsidies from the government to operate their institutions, many private educational institutions engage in dishonest activities such as using bogus documents and fraudulent information. It is frequently observed that the faculty and staff are paid far less than the signing bonus.

RELATED CASES:

In the case of D.K. Gandhi v. M. Mathias, D.K. Gandhi, a resident of Delhi, brought a claim against the unethical behavior of his attorney in 2006. Gandhi hired an attorney in exchange for a specified sum of money. The attorney was expected to wrap up the matter as quickly as possible. Gandhi was to get the compensation sum after the lawsuit was resolved during the initial hearing. However, the attorney refused to give Mr. Gandhi the money unless an additional 5,000 rupees was given to him.

In Jacob Mathew v. State of Punjab, the Supreme Court held the appeal and instructed the State Commission to decide the case in accordance with the law.

In the Jacob Mathews case, the Supreme Court had ruled that: under the law of negligence, professionals from a variety of professions, such as those in law, medicine, architecture, or any other, would be held liable for negligence in the practice of their profession if either of the two given conditions is satisfied:

•           He did not possess the necessary skill to be professed and,

•           Even if he did possess the necessary skill to be professed, he did not exercise the same

CONCLUSION:

White-collar crimes are those offenses that hurt the nation's economy as a whole. White-collar crimes have two startling characteristics: first, they are non-violent crimes, even though the perpetrators prefer to exert control or feel entitled, and second, they are committed by members of higher social classes. Bank fraud, financial thefts, tax evasion, and other economic crimes endanger the nation's economy. It hurts society in addition to a person's or a nation's financial situation. The rate of crime is rising more quickly as our civilization moves closer to modernity and the world experiences new technical advancements. especially the increase, in particular, there has been huge increase in white-collar crimes. The many crimes, including bribery, corruption, and money laundering, have had a severe impact on society

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