This research article analyzes a critical study on white collar crime in India.
And to understand the concept of white collar crime in India. White collar crime
basically means the crime committed by the educated people belonging to a higher
class of society during the course of their occupation. In this paper, the
author has discussed about what differentiates white collar crime from the blue
or ordinary crimes. It can also be called as the crime of educated and
professional elites. In this article the author has further discussed the common
types of white collar crimes evolved in India from last few years. And how this
has become a socio-economic crime. Besides this there are crimes which are
involved in different profession i.e. in medical, education and legal
profession. The paper highlights various legislations of Indian laws which talks
about the punishment of these type of crimes. The author will finally conclude
the article with his own suggestions.
White collar crime is a crime committed by the people who belongs to the higher
class of society and are from the reputable group of society. This crime is
committed during the course of their occupation. The people who are committing
this crime have usually a better understanding of technology, their respective
field, disciplines etc. White collar crimes are largely evolved from few years.
And they are seen to be committed in large organizations that cover a large
number of activities. So we can say that these crimes are common to trade,
commerce, education, health etc. As the criminal profile has changed a lot in
few years the traditional crimes have partially switched by the white collar
crimes in the country. The primary difference between the white and the blue
crime is that the ordinary i.e. the criminals of blue crime are people of
under-privileged section and upper class is involved in white collar crime and
they commit the crime in a very organized manner. They maintain their respect in
the society until the crime is discovered.
Historical Background:
# Edwin Sutherland an American sociologist who first defined the white collar
crimes in the global. He described this crime to be committed by the person of
high social status as compared to those who commit ordinary crimes during the
course of his employment.
# 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 Worked1 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.[1]
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.
# 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.
· 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.
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. 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.
Common Types Of White Collar Crime In India:
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.
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.
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’. With 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 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. Also cybercrime against
women is also rising. By the use of telecommunication networks, mobile phones
cyber stalking, sending obscene messages and pictures by criminals to women is
also increasing.
# Hacking,
# Child pornography,
# Copyright infringement,
# Cyber terrorism,
# Cyber stalking are some of common examples of cybercrime.
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. Money laundering
involves three steps:
# Firstly, the owner of the money obtain the money from some illegal means and
deposit into the bank by some way.
# Then through multiple transactions the transfer of money is being done.
# Lastly, they return the money into banks to make it legitimate.
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. 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.
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.
White Collar Crime In Different Professions:
1) In Medical And Health:
# Making of false medical certificates by the doctors.
# Fake and intended prolong the treatment in order to increases the bills.
# Sex discrimination of the child by the doctors on the compulsion of the
patient to gain money.
# Delaying of time by doctors to increase the amount of money in the bills.
# Sale of sample medicines which are not allowed to the chemists.
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.
Legislations Against The White Collar Crime In India:
Government has made various legislation for identifying white collar crime.
These legislation contains punishment regarding these crimes.
# Companies Act, 1960.
# Income Tax Act, 1961.
# Indian Penal Code, 1860.
# Commodities Act, 1955.
# Prevention of corruption Act, 1988.
# Negotiable Instrument Act,
# Prevention of money laundering Act, 2002.
# IT Act, 2005.
# Imports and Exports (Control) Act, 1950.
Conclusions And Suggestions:
White collar crimes are the crimes which cause a harm to the economy of the
country as a whole. It threatens the country’s economy by bank frauds, economic
thefts, evasion of tax etc. It not only affects the financial status of a
country or a person but It has also a negative impact on the society. The
various crimes such as bribery, corruption, money laundering has affected
society in a negative way.
# There is no proper definition of White collar crime in Indian laws. These
socio-economic crimes should not be taken leniently by the government.
# Punishment regarding White collar crime should be stricter as harsh punishment
can prevent these crimes to a great extent.
# If the crime is very heinous the punishment might also be extended to life
imprisonment.
# People are not aware about most of these crimes so the public awareness
through any communication medium is also necessary.
# Government should impose strict regulations regarding economic thefts of the
country.
End-Notes
[1] Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D
University.
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