Socio Economic Offences Project
Socio Economic Offences Project
1
Table of Contents
Introduction 3
Objective of the study 3
Nature and Definition of White Collar Crimes In India 4
White Collar And Blue Collar Crime: Differentiation 5
Common Types Of White Collar Crime In India: 6
White Collar Crime In Different Professions: 10
Reasons for the growth of white collar crimes in India 11
The legal position in India: 12
Penalties for white collar crimes 13
Landmark cases of white collar crime cases in India 15
Measures to curb white collar crimes 18
Conclusion 20
2
Introduction
The main thrust of this piece of project is to understand the concept of white
collar crime in India. I will use doctrinal type of research methodology to
answer the questions of the given concept. In this project I will discuss the
common types of white collar crimes evolved in India from last few years and
how this has become a socio-economic crime. I will also highlight various
legislations of Indian laws which talks about the punishment of these type of
crimes. In the end I will conclude with the suggestions.
3
Nature and Definition of White Collar Crimes In India
The main criteria to be "White-Collar" for a crime is that such a crime happens
as part of the job role of the violator. Apparently, this is more important than the
type of law that has been infringed or the comparable prestige of the infringer,
although these factors have intrinsically become major issues in the controversy
over the White-Collar, firstly because most of the laws concerning are not part
of the traditional criminal code, and secondly because most of the 5 infringers
are a snip above the ordinary criminal in social standing. Penal code often tries
occupational crimes such as misappropriation of money, forgery, tax evasion
etc. In the same way farmers, repairmen, participate in non-white collar
occupations but are categorized as WhiteCollar violators for offences such as
watering of consumption milk, making unnecessary 'repair' on television sets
etc., respectively. Furthermore, people of high-profile white-collar occupations
who are committing criminal offenses, such as murder, theft, rape and the like,
would not even be white-collar criminals. All this adds confusion to the concept
of White-Collar crime and thus it was in the year 1949 a clear picture of White-
Collar crime was brought into limelight by Professor Sutherland in his address
to the American Sociological Society. Sutherland defined White-Collar crime as
“crime committed by a person of respectability and high social status in the
course of his occupation”.1 Eventually, he seems to have redefined definition by
identifying White-Collar criminal as “a person of the upper socioeconomic class
who violates the criminal law in the course of his occupational or professional
activities” . He noted out that white crime was more harmful to society than
normal offenses, firstly, because there were greater financial losses, and,
secondly, because of the harm to public morality. With regard to the harm to
morals and institutions, Sutherland argues that the financial loss is less crucial
than the harm to social relations, as it generates distrust, reduces morality, and
generates large-scale disorganization . On the other side, it is said that the social
harm caused by normal crime affects our institutions and social organizations
comparatively little.
1
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
4
White Collar And Blue Collar Crime: Differentiation
The criminals of white collar crime are relatively more intelligent, smart
and successful men of the higher class than the ordinary criminals.
These crimes are difficult to detect and not at all personal. And on the
other hand, the ordinary crimes are direct and are very personal. They
also involve violent methods such as using force to commit crime.
The ordinary criminals are usually afraid of the law agencies after
committing the crime but the white collar criminals are not at all afraid of
the law agencies because of the fact that if they got detected they will be
fined or transferred or the maximum that they will get a short-term
imprisonment.2
Another difference between blue and the white collar crime is that the
economic loss of white collar crime is thousands time higher than that of
the ordinary crimes. The financial loss which the society has to bear is
higher in white collar crimes than the crimes committed by the people of
low-social standard.3
White collar crime committed out of greed and it is very well planned
and executed on the other hand blue crimes are usually committed out of
rage, revenge and other emotions. In white collar crime harm is caused to
the casualties or cash but harm is physical in case of blue collar crime.
The difference between ‘blue collar crimes’, which are crime of a general
nature, and ‘white collar crimes’ was laid down by the Supreme Court of India
in the case of State of Gujarat v. Mohanlal Jitamalji Porwal and Anr. Justice
Thakker elucidated that one person can murder another person in the heat of the
moment, but causing financial loss or say committing economic offences
requires planning. It involves calculations and strategy making in order to
derive personal profits.
2
https://assets.ey.com/content/dam/ey-sites/ey-com/en_in/topics/assurance/forensic-investigations-
compliance/the-changing-dynamics-of-white-collar-crime-in-india.pdf
3
Ratanlal & Dhirajlal, The Indian Penal Code„, 30th edition 2006,Wadhwa
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How White Collar Crimes Affects More Than Just The Criminals:
White collar crime can have a large impact on the society and it does not only
affect the criminals. It is also called as a socio-economic crime because it has a
direct impact on the society. When a white collar crime is committed huge
losses on business occur which have a direct impact on the consumers and the
society. There are various numbers of frauds and scams that had been exposed
in our country from the past few years like 2g scam, havala scam, banking
scam, fodder scam and many more.4 Due to these frauds and scams the
economy of our country has shambled. And then to make up these losses of
fraud or any scams, they increase the costs. This means higher prices for the
consumers in the way of higher taxes, government revenue, and increased
insurance costs. The impact of white collar crime on society is great. There is
loss in every field from the costs of commodities to the securities and insurance.
One financial fraud can affect the businessmen, the investors and the
government. All you need is one bad employee who out of greed of money will
commit a financial fraud and will cause harm to the reputation of the company,
lack of profits and gain of losses.5
1) Bank Fraud
Fraud is a crime committed with an intention to deceive and gain undue
advantage. Bank Fraud is a fraud committed on the banks. It is committed by
the fraudulent companies by making fake representations. It is also related to
the manipulation of the negotiable instruments like cheque bouncing, securities,
bank deposits etc. Bank fraud is concerned to the public at large because there is
a relation of trust between the banks and the public. It is the most common type
of white collar crime and also a corporate crime. It harms public as well as the
government of the country.
One of the most important cases that can be read under this head is Sahara Vs.
SEBI (2012) 10 SCC 603. This particular case involved the fact of providing
4
https://timesofindia.indiatimes.com/readersblog/mywording/white-collar-crimes-35337/
5
Ratanlal & Dhirajlal, The Indian Penal Code„, 30th edition 2006,Wadhwa
6
misleading information within the prospectus of the company based on which
large numbers of complaints were being raised before the Supreme Court by the
investors. Based on the factual circumstances and the claims made by the
investors the court ordered the company to refund for almost Rs.5120 Crores.
In 2017 a Metropolitan Magistrate became a victim of credit/debit card where
the victim received two messages for two transactions done from his debit card,
not in India, but abroad. The victim claimed that those transactions did not have
his consent. A complaint of cheating under Section 420 of the Indian Penal
Code, 21860 was filed.
2) Bribery
Bribery is also a very common type of white collar crime. By bribery we means
giving money or some goods to the person at a high position in return of a
favor. In simple words bribery is when one man gives money to the other which
is in authority. It is done for the purpose of insisting him to do something or to
prevent him from doing something. It is the most common income of most of
the public officials of our country.
The punishment for bribery has been provided under Section 171E of the Indian
Penal Code, 1860 which says that any person who commits such an offence
would be imprisoned for a term which may extend to 1 year or with fine or
both. Also, Section 13 of the Prevention of Corruption Act, 1988 has penalised
acts constituting an offence under this head, being engaged in by public
officials. 6
3) Cybercrime
Cybercrime is the biggest cause leading to these type of crime in India. It is the
latest problem prevailing in the cyber world. Cybercrime is the crime which is
related to ‘computer networks’. 7With the rapid increase of advancement of
technology there is also a rapid increase in the crime related to the technology.
Cybercrime involves the persons who are expert in computer related
technology. And it is committed against the victim directly or indirectly to
cause a harm to his reputation or to harm in physical or mental way using
6
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
7
https://shodhganga.inflibnet.ac.in/bitstream/10603/43935/8/08_chapter%202.pdf
7
internet, networks and other technological sources.
Cybercrime threatens the nations as well as the person’s security and financial
status. Cybercrime can cause huge financial loss to the country. Not only the
financial loss but it can also threaten the privacy of a person. Disclosure of
confidential information can create privacy problems. 8
4) Money Laundering
Money laundering is a crime in which the criminals disguise the identity of the
money. In this crime, criminals try to hide the original ownership of the money
and the place where they obtained that money by illegal means. Laundering is
done with the intention of making that money came from legal sources. In
simple words money laundering means to show the illegitimate money as legal
money. For instance if a person obtain money from black marketing, trafficking
of illegal goods the money will be considered ‘dirty’ and he cannot deposit into
the banks as it may seem suspicious if he directly deposit money into the
financial institutions because he had to create statements and records stating that
where the money came from.
8
http://www.legalservicesindia.com/article/1378/White-collar-crime-and-its-changing-dimensions-in-
India.html
9
Report on White-collar Crimes„ by International Monetary Fund
8
3. In Arun Kumar Mishra v. Directorate of Enforcement five people
created a fake account in the Punjab National Bank (PNB), and
thereby collected money as personal gains and caused huge loss to
PNB. The money laundering case was not held in this case as the
offence did not fall under any provision of the Prevention of
Corruption Act. And under Article 20(1) of the Constitution of India,
it has been said that ex-post facto laws have no effect. Under the said
Article it is a fundamental right to not be prosecuted by a law that did
not exist at the time of commission of the offence. However, the court
said that once money laundering has been fully established against the
petitioner, the Enforcement Directorate can initiate a fresh proceeding
against him under the law which in force thereafter.
5) Tax Evasion
Tax evasion is committed with an intention to conceal one’s actual taxable
income and one’s original position to the authorities.10 This concealment of
income is done to reduce the tax liability in the eyes of government. In simple
words it means to hide the money obtained from the illegal means in order to
reduce one’s liability to pay tax and to show low income to the tax authorities.
Tax evasion has a negative impact on the social values as it demoralized honest
tax payers and they might also want to do tax evasion also it gives economy
power in the hand of few undeserving people.11
6) Identity Theft
Identity theft is one of the easiest type of crime these days. Due to advancement
of technology it is very easy to access personal information of anyone. Identity
theft is the crime in which the criminal access unauthorized information such as
name, address, phone number etc. and use this information to gain money. In
simple words identity theft is committed by using some other person identity to
commit fraud or to gain money by illegal means.
10
11
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
9
White Collar Crime In Different Professions:
2) In Legal Profession:
Fabrication of forged documents.
Threatening the witnesses of the other party.
Violation of ethical standard of legal profession to gain money.
3) In Education:
Collecting huge sums of money in the name of donations by students
in order to give them admission.
Merit based admission is replaced by donations
Collect huge amount of money in the name of government grants.
12
https://shodhganga.inflibnet.ac.in/bitstream/10603/43935/8/08_chapter%202.pdf
10
Greed
The rapid growing technology, business, and political pressure has introduced
the criminals to newer ways of committing white collar crimes. Technology has
also made it easier and swifter to inflict harm or cause loss to the other person.
Also, the cost of such crimes is much more than other crimes like murder,
robbery or burglary, and so the victim would take time to recover from it. This
would cut down the competition. 13
Competition
Herbert Spencer after reading ‘On the Origin of Species’ by Darwin, coined a
phrase that evolution means ‘survival of the fittest’. This implies that there will
always be a competition between the species, and the best person to adapt
himself to the circumstances and conditions should survive.
Since most of these crimes are facilitated by the internet and digital methods of
transfer payments, laws seem reluctant to pursue these cases as investigating
and tracking becomes a difficult and complicated job. Why it becomes difficult
to track it is because they are usually committed in the privacy of a home or
office thereby providing no eyewitness for it.
13
https://www.legalserviceindia.com/legal/article-530-white-collar-crime-detail-study.html
11
Lack of awareness
The nature of white collar crimes is different from the conventional nature of
crimes. Most people are not aware of it and fail to understand that they are the
worst victims of crime.14
Necessity
People also commit white collar crimes to meet their own needs and the needs
of their family. But the most important thing that the people of high social status
want to feed their ego.
In 1987, while differentiating between the crimes and white collar crimes, The
Supreme Court of India in State of Gujarat vs. Mohanlal Jitamalji Porwal and
Anr, AIR 1987 SC 1321 made the following observation,
14
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
15
https://timesofindia.indiatimes.com/readersblog/mywording/white-collar-crimes-35337/
12
“murder can be committed in the heat of the moment but these economic
offenses are committed with a cool calculation and planned strategy to gain
personal profits.”16
Section 447 of the Companies Act, 2013 provides punishment against the
commission of fraud. It states that in case a person is found guilty of an offence
of fraud he would be imprisoned for a period not less than 6 months and which
extend to 10 years. And he will also be subject to fine which should not in any
case be less than the amount involved in fraud and which may extend to 3 times
the amount involved in the fraud. In case the fraud has been committed against
the interest of the general public than the term of imprisonment would not be
less than 3 years.
Section 448 of the Companies Act, 2013 states that: if a person deliberately
makes a false statement, knowing it to be false or deliberately omits any
material fact, knowing it to be material than he would be held liable for his
wrongful act. This false statement can be made either through return, report,
certificate, financial statement, prospectus, statement or any other documents
required for the purpose mentioned under this Act or any rules made under it. 17
Section 449 of the Companies Act, 2013 provides for punishment for furnishing
false evidence. It states that if any person gives a false evidence in a court of
law:
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When any company is about to dissolve or otherwise also in case of
any matter arising under this Act, in any affidavit, deposition or
solemn affirmation,
He shall be punished with imprisonment and fine both. The
imprisonment will not be less than 3 years and may extend to 7 years
and fine may extend to 10 lakh rupees.18
Section 450 of the Companies Act, 2013 states that in case a punishment or
penalty for a crime, which has been committed either by an officer of a
company or by any other person who contravenes any of the provisions of this
act, then under this section he would be penalized with a fine which may extend
to 10 lakh rupees. In case the contravention continues the person would be
asked to pay a fine which may extend to 1,000 rupees everyday till the
intervention continues.
Section 451 of the Companies Act, 2013 lays down that, when a company or
any officer of that company commits an offence for which he has already been
penalized and has also faced imprisonment, in case commits the same offence
again within a period of 3 years, than that company and every one of those
officers involved in the commission of the offence for the second time shall be
punished with twice the amount of fine, in addition to the term of imprisonment
provided in the act for that offence. But, in case the offence was committed after
a period of 3 years of commission of the offence for the first time then this rule
would not be applicable.
18
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
14
SEBI v. Burman Plantation and Others
Before the High Court of Allahabad, the learned counsel on behalf of SEBI
claimed that the company is being wrongly accused as the company was not in a
position to pay its debts, including payments to its investors. When the
advertisement by the company was put to question, the council said that the
advertisement was given in 2003 while the order was passed in 2004, when the
company was not in a position to payback its debts.19
Moreover, the sum of money which the investors were claiming was nowhere
cited. The main claim of the counsel made the legislatures raise the punishment
from 1 year to 10 years and also increased the fine which may now extend to 25
crores by amending the laws under section 24(1) of the SEBI Act. At last, Ravi
Arora, the accused, was held liable.
There were two appellants in the present case against whom a charge sheet was
filed for committing an offence under Section 13(1)(e) and 13(2) of the
Prevention of Corruption Act, 1988 read with Section 109 of the Indian Penal
Code, 1860 in separate trials. It was alleged that both the accused had
accumulated disproportionate wealth as per their income when they were they
members of the Legislative Assembly.
When the Central Bureau of Investigation (CBI) initiated its investigation it was
found that the father of the appellant had acquired huge properties and same as
the case with the appellants. The High Court held that the appellant had
provided a totally different office(s) of the accused than they were actually
holding at that time. Thus the sanction under Section 19 of the Prevention of
Corruption Act, 1988 was held to be without any merit.
This case was filed against several ministers of the State of Jharkhand along
with the Chief Minister for having the possession of unaccountable money. The
19
Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
15
High Court had requested the Central Government to transfer the case from
Enforcement Directorate to CBI by way of power given to it under Section 45
(1A).20
It was alleged that the ministers were in possession of hefty amounts of money
and though no evidence was found to charge them with money laundering case,
a strict investigation was proposed.
The ministers were said to be the owners of property not only in India but
abroad as well. Therefore, the court asked for an investigation to determine this
wealth was acquired by making use of the official position. It was to be clarified
if a white crime has been committed under the Prevention of Corruption Act,
1988 and under the Indian Penal Code, 1860.
The CBI started its investigation under Prevention of Corruption Act, 1988 and
the Indian Penal Code, 1860 as the power to carry on investigation under
Prevention of Money Laundering Act was only with the Enforcement
Directorate, which is of course subjected to the power given to the Central
Government under Section 45 (1-A) of the Prevention of Money-laundering act.
Satyam scandal
This scam came into light on January 7, 2009 when the founder and chairmen of
Satyam computer service ltd wrote a confession letter regarding the
manipulation of his accounts books by understating the liabilities and
overstating the assets to cheat the investors and shareholders. The whole same
was of Rs. 14,000 crore.
SEBI held him and nine others guilty of fraudulent trade, unfair trade practices
and insider trading. Besides it they were asked to pay 3000 crore in 45 days and
also debarred all of them from dealing in securities market for14 years. This
scam was also considered as a major reason for the recession of 2009.
Saradha chit fund case
This was a major scam caused by the failure of Ponzi Scheme by Saradha
group, which included 20 private companies were believed to run an investment
20
https://www.legalserviceindia.com/legal/article-530-white-collar-crime-detail-study.html
16
scheme naming Chit Fund. They collected 200 billion rupees from the
depositors and ensured them a multiplied sum of money in return in form of
cash or real estate. Supreme Court referred the matter to CBI as international
money laundering and political nexus was also involved in this scam.
Nirav Modi, an elite jewellery designer along with his companies colluded with
Punjab National Bank’s officials to get guaranties or letter of undertaking for
helping fund buyer’s credit from other overseas banks. Investigation showed
that two officers of the bank had issued letter of undertaking fraudulently to the
firms without following the due procedure. It also said that the funds raised for
sell and purchase of diamonds were not used for actual purpose. PNB incurred
$1.8 billion in fraud. It is the biggest fraud in Indian Banking Sector.21
Harshad Mehta, a stockbroker established his firm in 1990 and had a well-
known name in the stock market. Investors used to follow his footsteps blindly.
He took a huge amount of loan from bank and purchased scrips at very high
price creating a false market. He misused his name, reputation and status and
manipulated the stock prices for his own selfish profit which resulted into
unnatural pumping of money in stock market which caused rise in prices of
shares. He misappropriated the bank’s money to invest capital in stock market.
This falls into the ambit of money laundering. He earned rs 5000 crores. This
was a very huge scam and it caused the market to lose Rs 1 million in a day.22
21
https://www.legalserviceindia.com/legal/article-530-white-collar-crime-detail-study.html
22
https://www.legalserviceindia.com/legal/article-530-white-collar-crime-detail-study.html
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1. The top investigating agencies of the country like the Central Bureau
of Investigation, the Enforcement Directorate, the Income-tax
Department, The Directorate of Revenue Intelligence and the Customs
Department, needs strengthening, by way of implementing strong
regulating policies. The Central Vigilance Commission should monitor
the working of the officials sitting at top positions and also cross-check
their works, so as to ensure transparency in the system.
2. As the method of commission of such white collar crimes is
advancing, so should the training of the investigating officials. It often
happens that ageing officers are well experienced to understand the
nature and techniques, but are not able to utilise the technology for
tracking the suspect. This happens due to lack of training. So, every
investigating officer must be trained in such a manner that, no matter
how complicated the case is, they would be able to easily resolve it.
3. To uproot the existence of such crimes, it is very important to include
strict laws into the system. Less amount of fine and shorter period of
imprisonment makes it very casual for the offenders to commit such
crimes.
4. Fast track courts and tribunals should be set in all the parts of the
country for the early disposal of these cases. The tribunal should be
provided with the power to fine or imprison someone who has been
held guilty. Such measures would lower the rates of occurrence of
white collar crimes.
5. The electronic and print media should be utilized in the right way to
spread awareness about white collar crimes. The general people need
to be aware of such crimes and that they are taking place everywhere,
from a small cafe to big multinational companies. Also, they need to
be aware of the remedies they could seek in case they become victim
to such crimes.
6. Stringent laws and hefty fine and long term imprisonment should be
given to the offenders for committing such crimes. And for this to
happen, the Indian Penal Code, 1860 should be amended and include
provisions for the white collar crimes. For example, the IPC could
have a separate chapter dealing with white collar crimes.
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7. The government may establish a separate body which would look into
the matter of crimes and criminality prevailing in the country. The
independent body could be named as the National Crime Commission.
Since their entire work would be related only to the crimes and would
be an independent body, it could work more efficiently towards
reducing criminality in the country.23
Conclusion
white collar crimes have two surprising features, first, that they are non-violent
crimes, though the criminals have the tendency to gain control or have a sense
23
http://www.legalservicesindia.com/article/1378/White-collar-crime-and-its-changing-dimensions-
in-India.html
19
of entitlement, and, second, that they are committed by people in the higher
profession.
The investigating officials are in need of training where they could acquire the
skill to trace these criminals, otherwise tracking of whom is difficult,
complicated and tiresome job. The investigating officials’s work should be
scrutinized to ensure transparency in the work as the white collar crimes are
committed by people enjoying higher social status in their occupation.
The government must make laws that are strict enough to reduce the
commission of such crimes. And the system should be such that not only there
exist laws giving strict punishment to the accused but also dispose off maximum
cases in a short while. If not done so then people will soon lose complete faith
in the system, as these crimes are committed by people who should act as a role
model for the society.
The media has a key role to play in reducing the rate of increasing white collar
crimes. It has been noted that most of the white collar crimes go unreported. So,
if the media becomes more active towards publishing frauds and scams at
higher levels and revealing how do the people at higher position in a company
use their powers arbitrarily, and also make efforts in making people aware about
the white collar crimes, and avoid corrupt practices, then this would definitely
help in reducing the rate at which the white collar crimes are being committed.
20