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White Collar Crime in India A Critical Analysis

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35 views9 pages

White Collar Crime in India A Critical Analysis

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badal yadav
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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White-Collar Crime in India: A

Critical Analysis
Defining White-Collar Crime
White-collar crimes are perpetrated by professionals who exploit their social, economic, and technical
power for personal and corporate gain. These crimes often involve non-violent offenses like fraud and
illegal financial transactions. They are committed by individuals holding positions of power and influence
within their respective fields. Examples include fraud, counterfeiting, embezzlement, and tax evasion.

Exploitation of Power Non-Violent Offenses Socio-Economic Impact

White-collar criminals These crimes typically White-collar crimes can have


leverage their positions of involve deception, significant consequences for
authority and access to manipulation, and financial individuals, businesses, and
resources to commit crimes. irregularities rather than the overall economy.
physical violence.
Historical Context
Edwin Hardin Sutherland, a prominent 20th-century criminologist and sociologist, first defined white-collar crime in 1939. He
characterized it as "crimes committed by people who enjoy the high social standard, great repute, and respectability in their
occupation." Sutherland's definition emphasizes the contradiction between the perpetrator's social standing and their
criminal actions.

1 Crime Committed by a 2 Violation of Trust 3 Professional Context


Respected Individual
The crime often involves a The crime is committed in the
The perpetrator holds a position breach of trust placed in the course of the individual's
of trust and authority within their individual due to their social occupation or profession.
profession. standing.
White-Collar Crime in India
Corruption, fraud, and bribery are prevalent white-collar crimes in India. The Central Bureau of
Investigation (CBI) has registered numerous cases of corruption in recent years. Despite efforts to combat
these crimes, India's ranking on global corruption indices remains a concern.

1 2014
India ranked 85th on the Corruption Perceptions Index.

2 2015
India improved to 76th position due to measures to tackle white-collar crimes.

3 2018
India ranked 78th, showing a slight improvement from the previous year.
Reasons for the Rise of White-Collar Crime

Several factors contribute to the growth of white-collar crime in India. Greed, intense competition, lack
of awareness, and perceived necessity are among the key drivers.

Greed Competition Lack of Awareness

The desire for personal gain The highly competitive nature Many individuals are unaware
and material wealth can drive of the Indian economy can of the complexities of white-
individuals to engage in create pressure to succeed, collar crime and its
unethical and illegal activities. leading some to resort to consequences, making them
illegal means. vulnerable to exploitation.
Distinguishing White-Collar from Blue-Collar Crime

The term "blue-collar crime" emerged in the 1920s to refer to crimes committed by individuals engaged in manual labor. The
Supreme Court of India has established a distinction between blue-collar crimes and white-collar crimes, highlighting the
planning and sophistication involved in the latter.
Characteristic Blue-Collar Crime White-Collar Crime

Nature of Work Manual labor, often involving physical Knowledge-based professions,


exertion utilizing specialized skills

Mens Rea Mens rea (guilty mind) is essential Mens rea may not be as prominent,
often involving calculated schemes

Access to Targets Limited access to targets, often Direct and extensive access to
involving direct confrontation targets, often involving manipulation
and deception
Offender Visibility Offenders are often visible and Offenders may operate behind the
directly interact with victims scenes, with less direct interaction
with victims
Types of White-Collar Crime in India
The scope of white-collar crime is vast and encompasses various offenses. Some of the most common types in
India include blackmail, credit card fraud, embezzlement, racketeering, fraud over calls, securities fraud, using
wrong weights, and bribery.

Blackmail Credit Card Fraud


Extorting money or favors by threatening to reveal Unauthorized use of another person's credit card to
damaging information. obtain goods or services.

Embezzlement Using Wrong Weights


Misappropriation of funds or assets entrusted to an Deceptive practices involving the use of inaccurate
individual for a specific purpose. weights to defraud customers.
White-Collar Crime in Specific Professions
White-collar crimes are not confined to specific industries but can occur in various professions. The medical, legal, and
engineering fields are particularly susceptible to such offenses.

Medical Profession
Issuing fake medical certificates, facilitating illegal abortions, and selling unauthorized drugs or medicines.

Legal Profession
Using false evidence, presenting fabricated witnesses, and exploiting clients for financial gain.

Engineering Profession
Providing substandard construction materials and services, leading to potential safety hazards and financial losses.
Combating White-Collar Crime in India

Addressing white-collar crime requires a multifaceted approach. Strengthening legal frameworks,


enhancing public awareness, and promoting ethical conduct are crucial steps.

1 Strengthening Legal 2 Public Awareness 3 Promoting Ethical


Frameworks Campaigns Conduct
Enacting stricter laws and Educating the public about Encouraging ethical
penalties to deter white- the nature of white-collar practices within
collar crime and ensure crime, its consequences, professions and fostering
effective prosecution. and how to protect a culture of accountability
themselves. and transparency.

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