Before discussing the concept of socio economic offences elaborately, first
it is needed to be stated that in India the Government had appointed certain
committees to work on some specific offences, which offences are actually
falling under the category of socio economic offences.
In India, the Government of India for the purpose of reviewing the problem of
corruption and for making suggestions regarding it had appointed a committee
namely Santhanam Committee in the year of 1962,which has suggested changes in
the legal framework for the purpose of ensuring the speedy trial of the cases
relating to bribery, corruption or the cases of criminal misconduct which can
help in making the law more effective;
The committee has suggested the changes after going through numerous cases in
the light of the present social context and the social changes and the economic
objectives, which actually helped in the growth of these types of offences.
This Santhanam Committee while providing suggestions regarding the change in the
legal framework, which is needed for the purpose of curbing the problem of
corruption, has also dealt with the concept of the white collar crime and had
attached a great importance towards it and accordingly the report had stated the
scenario in which these evils evolved.
According to the report of the committee, as there were advancement in the
sphere of technology and science, it resulted in the emergence of "mass
society", where there was a group of large rank of controlling elite who
encouraged the growth of monopoly, there is a rise of managerial class also, all
of which resulted in a necessity regarding strict adherence to the high standard
in relation to ethical behaviour, so that the new processes which have emerged
in the social, political and economic spheres can function honestly, but the
inability of the sections of the society to strictly adhere to these standards
resulted in the emergence of a new type of offence, i.e., white collar crime,
which resulted in difficulty of enforcement of the laws, these offences is
dangerous, not only for the reason that the financial stakes are much higher in
these cases, but also for the reason of they are causing such damage to the
public morals, which is actually irreparable in nature.
Conceptualizing Socio Economic Offences And Indian Legislations
In this context first, the concept of socio economic offences given by the 47th
Law Commission Report in India is very important and needed to be discussed as
in this report the salient features of these social and economic offences are
discussed in a detailed manner.It could therefore, be submitted that
socio-economic offences does not only extend the scope of the subject matter of
white-collar crime, as conceived by Sutherland and as appreciated by others ,
but is also of wider import.
According to the above mentioned Law Commission Report, there are salient
features of social and economic offences, firstly, in these type of offences
the particular motive of the criminal is not lust or hate rather the motive is
avarice, secondly, if the background of these types of offences can be seen then
it can be understood that the background is non-emotional which is not the same
in cases of murder, rape etc.
If compared with these types of offences, as in the cases of social and economic
offences, generally there is no existence of any emotional reaction between the
offender and victim, thirdly, usually in these types of offences the victim is a
large portion of the public, especially the consuming public and though even if
there is no harm to any particular person, but the harm is caused to the society
which have a very large impact upon the society.
Fourthly, the mode of these type of offences is fraud generally and not force,
fifthly, the act which results in commission of these type of offences is
generally a deliberate and wilful act, sixthly, the interest which needed to be
protected if there is commission of these type of offences are two-fold, as
social interest is protected while preserving the property or health or the
wealth of the individual members and while preserving the whole economic system
of a country and also protecting the social interest which is in the
augmentation of wealth of the whole country.
It is clear from the above discussion that these offences are different if
compared to the other offences. The two distinguishing features of these
offences are the gravity of these offences having a strong adverse impact in the
society and thereby causing a great harm to the society as a whole, and the
nature of these offences are also peculiar if compared to the other offences as
these offences are done in a planned way and it is done in secrecy in a
sophisticated manner by some shrewd persons only for the purpose of their
So, from the above discussion it is clear that this particular type of offences
actually not only cause harm to the public welfare, but also harms the nation's
welfare as a whole.
Different Types Of Socio Economic Offences
While discussing the categories of Social and economic offences, The Law
Commission in its 47th report had mentioned the categories falling under the
purview of these offences as mentioned in the 29th Report of the Law
As per the report, the offences which actually prevent the economic development
of the country and thereby consequently creates danger for the economic health
of a country comes under the first category, in second category there are
offences of evasion of tax, in third category there are the offences related to
misuse of the position by the public servants.
Under fourth category the offences which is similar to the nature of breaches of
the contracts which consequently results in delivery of such goods which are not
accordingly falling under the specifications are included, in the fifth category
the offences relating to hoarding as well as black marketing comes, the sixth
category mentions about the offences relating to adulteration of foods as well
as drugs, in the seventh category the offences of theft and the misappropriation
in relation to public property and funds are included, in the eighth and the
last category comes the offences related to trafficking in the sector of
licenses as well as permits etc.
If the first category of the social and economic offences is discussed, it can
be found that it is very wide category where the test is only to determine
whether the economic development and the economic health of a country is being
endangered for the commission of the offence or not.
The second category deals with evasion of taxes which is particularly dealt
with by Income Tax Act, 1961. There are cases where the tax evasion has
correctly and firmly disapproved by the court. It is pertinent to mention
here that tax evasion actually shows the defects which are actually present in
the enforcement of the law.
The third category deals with the misuse of the position by the public servants
where by the misuse the public servants actually commits one of the social and
economic offences, and they specifically misuse their public position while
making contracts and dealing with the matters relating to disposal of public
The fourth category specifically deals with the situations where the individuals
or industrial or commercial undertakings deliver the goods which are not in
accordance with the previously agreed specifications while fulfilling the
contracts which are entered into with a public authority.
The fifth category deals with the concepts of hoarding, profiteering and
blackmarketing. Profiteering means the act of selling anything in such a rate
which is in excess to the controlled price of that thing, and by the term
hoarding the acts of storing anything in excess to the permissible quantity is
meant and by the term black-marketing the concept of suppression of some actual
facts in relation to the acquisition or disposal of the things which are
controlled by some different special laws, comes into picture.
So, it is crystal clear by the above mentioned acts actually the economic growth
of the country is endangered which actually affects the economic health of a
country. There are special legislations also relating to the above mentioned
acts in India which actually tries to deal with these types of social and
economic offences in this country.
The sixth category deals with adulteration. Now, adulteration of food and drug
has become a very common problem. It had started after the industrialization
took place in the 20th century. It is not only the problem in India, rather
there are so many countries suffering from the same problem, as USA is suffering
from the problem of adulteration in relation to genetically modified crops.
Previously, the Prevention of Food Adulteration Act, 1954 used to deal with the
offences of food adulteration in India. There are many caseswhich are
decided according to the provisions of this Act. Afterwards as there were so
many loopholes in the Act of 1954, the Act of 2006 came into force. The Food
Safety and Standards Act, 2006 tried to cure the loopholes present in the
This Act provides for the establishment of Food Safety and Standards Authority
in India, which Authority tried to cure the problem which previously existed and
also tried to deal with the cases of food adulteration afterwards.
The Acts related to drug control in India tries to curb the problem of drug
adulteration in India.
The seventh category deals with the offences which are related to theft as well
as misappropriation of the properties or funds which actually belongs to the
public. Previously the Indian Penal Code, with the help of Prevention of
Corruption Act, 1947and some special enactments enacted to deal with the
problems, tried to fight with these offences and tried to curb the problem. But
as there were many loopholes in the previous Act of 1947, the Act was amended
and the Prevention of Corruption Act, 1988 came into force to effectively
fight with these evils.
The eighth and the last category deals with the offences related to trafficking
in licenses or permits etc. By the concept, the acts which include the outright
sale of the licenses as well as permits are meant, where by these licenses and
permits any other person is allowed, apart from the person who is intended, to
enjoy the benefits accruing from the licenses as well as permits. The laws
relating to the imports try to control the situation relating to these offences
So, these are the different categories of social and economic offences which are
causing harm to the country.
Legal Control Mechanism In India To Combat Socio Economic Offences
The typology of socio-economic offences are different the legal control
mechanism also differs for each offences. Legal control mechanisms to combat
socio-economic offences are discussed below:
T o deal with the tax evasion government has implemented, the Act applies to
Indian residents and seeks to replace the Income Tax (IT) Act, 1961 for the
taxation of foreign income. It penalizes the concealment of foreign income, and
provides for criminal liability for attempting to evade tax in relation to
foreign income. A flat rate of 30 per cent tax would apply to undisclosed
foreign income or assets of the previous assessment year.
deduction or set off of any carried forward losses (as provided under the IT
Act) would apply. This would apply from April 1, 2016 onwards.
undisclosed foreign income and asset of an individual would include:
- Income, from a source located outside India, which has not been disclosed
in the tax returns filed;
- Income, from a source outside India, for which no tax returns have been
- value of an undisclosed asset, located outside India.
A one-time compliance opportunity to persons who have any
undisclosed foreign assets (for all previous assessment years) will be provided
for a limited period. Such persons would be permitted to file a declaration
before a tax authority, and pay a penalty at the rate of 100%. The relevant tax
authorities and their jurisdiction would be as specified under the IT Act. They
would have powers of inspection of documents, and evidence. The proceedings are
to be judicial.
The implementation of the Food Safety and Standards Act, 2006 has consolidates
eight lawsgoverning the food sector and establishes the Food Safety and
Standards Authority (FSSA) as the regulator. It requires all food business
operators (including small businesses and street vendors) to obtain a licence or
registration. The Regulations under FSSA related to procedure for obtaining a
licence or registration was notified on August 1, 2011.
According to the
Regulations, all food business operators had to get a licence or registration
within one year of the notification. Due to opposition from several food
business operators (see here and here), the FSSA has now extended the deadline
for getting a licence or registration by another six months (till February
The organised as well as the unorganised food sectors are required to follow the
same food law. The unorganised sector, such as street vendors, might have
difficulty in adhering to the law, for example, with regard to specifications on
ingredients, traceability and recall procedures and does not require any
specific standards for potable water (which is usually provided by local
It is the responsibility of the person preparing or manufacturing
food to ensure that he uses water of requisite quality even when tap water does
not meet the required safety standards. It excludes plants prior to harvesting
and animal feed from its purview. Thus, it does not control the entry of
pesticides and antibiotics into the food at its source. The power to suspend the
license of any food operator is given to a local level officer. This offers
scope for harassment and corruption.
The Act requires a food business operator
to get different licenses if articles of food are manufactured or sold at
different premises. Newspapers reported that this provision was challenged in
the Madras High Courtbut a stay order on the Act and its Rules was refused.
Since in India traditionally infants/children are fed milk, adulteration of milk
and its products is a concern and stringent measures need to be taken to combat
The consumption of adulterated milk and adulterated milk products is
hazardous to human health. As directed by Supreme Court by order dated
10.12.2014, it will be in order that the Union of India come up with
suitable amendments in the Food Safety and Standards Act, 2006 and the
respondent-Union of India shall also make penal provisions at par with the
provisions contained in the State amendments as indicated.
Corruption is an important materialization of the failure of moral principles.
Anti-corruption interventions made so far are seen to be unsuccessful and there
is widespread public scepticism about them. The interventions are seen as mere
posturing without any real intention to bring the corrupt to book. They are also
seen as handy weapons for partisan, political use to harass opponents.
Corruption is so deeply entrenched in the system that most people regard
corruption as inevitable and efforts enshrined in the prevention of Corruption
Act, 1988 as futile. In this regard the Commissionhas recommended that:
The offences should be classified into four categories, first, gross perversion
of the Constitution and wilful violation of the oath of democratic institution
office. Second, abuse of authority by favouring or harming or harassing someone.
Third, obstruction or perversion of justice by unduly influencing law
enforcement agencies and prosecution is a common occurrence in our country.
Last, squandering public money, including ostentatious official life-styles
etc. The Prevention of Corruption Act (PCA) discusses various offences and
penalties but bribe giving is not defined separately as an offence.
"The Commission suggests that section 7 of this Act needs to be amended and
include collusive bribery as a special offence. If it causes a loss to the
state, public or public interest then the punishment should be double. It is
provided in Prevention of Corruption Act that the previous sanction of the
competent authority is necessary before a court takes cognizance of the
But the Commission has opined that prior sanction should not be
necessary for prosecuting a public servant who has been trapped red-handed or in
case of possessing assets disproportionate to the known sources of income. The
Presiding Officer in a Legislature should be designated as the sanctioning
authority for MPs and MLAs respectively.
The Commission suggested that there is
a need to delegate the power of sanctioning authority to a Committee of Central
Vigilance Commissioner and Departmental Secretary. In the case of differences
between two, the matter should be resolved at the level of Central Vigilance
Commission. When the sanction is required against Secretary, then the empowered
committee should comprise Cabinet Secretary and the Central Vigilance
The sanction granting order should be issued within two months. In
case of refusal, the reasons should be placed before the respective Legislature
annually. Such arrangements may be introduced at the state level. A new
chapter of the penalty and pay damages in criminal cases of corrupt public
servants should be introduced in Prevention of Corruption Act. The decision of
the Government on this recommendation is pending.
To speed up the trial under
the Prevention of Corruption Act needs to be fixed a time limit for various
stages of trial and proceedings of courts by amending the criminal procedure
code day-to-day basis. The Supreme Court and the High Courts may provide some
guidelines to preclude unwarranted adjournments and avoidable delays.
Private sector service providers and NGOs receiving substantial funding should
be covered under the Prevention of Corruption Act
Again the decision of the
Government is pending about this recommendation. Discretion should be eliminated
from all the government offices having public interface. Decision making on
important matters should be assigned to a committee instead of an individual. It
is again accepted that the illegal acquired property must be forfeited and the
Corrupt Public Servants (Forfeiture of Property) Act be enacted without further
Supervisory officers should be primarily responsible for curbing
corruption through annual performance report. If any officer, who gives a clean
chit to his corrupt subordinate then he should be asked to explain his probation
in this regard. Submission and scrutiny of assets and liability statements
of public servants should be ensured and put in the public domain.
of public servants of doubtful integrity should be prepared in all departments
in consultation with the anti-corruption agencies. The Benami Transactions
(Prohibition) Act, 1988 precludes the person who acquired the property in the
name of another person from claiming it as his own. It is accepted by the
Government that steps should be taken for immediate implementation of the Benami
Transactions (Prohibition) Act, 1988.
The whistleblowers of government and
corporate sector, who expose false claims, fraud or corruption be protected by
ensuring confidentiality and anonymity, protection from victimization in career
and other administrative measures to prevent bodily harm and harassment. A
law on `Serious Economic Offences should be enacted and the definition of this
law may include the involvement of a sum exceeding Rs 10 crore, widespread
public concern, require highly specialized knowledge of financial market,
significant international dimensions where the requirement of legal, financial
investment and investigative skills be brought together.
Investigation Office (SFIO), which was set up in 2003 as a specialized
multi-disciplinary organization to deal with cases of serious corporate frauds
should be attached with the `Serious Frauds Office‟ (SFO). A serious frauds
monitoring committee(SFMC) should be constituted to oversee the
investigation and prosecution of such offences headed by Cabinet Secretary.
the pubic functionary is involved in a serious fraud, the SFO shall send a
report to the Rashtriya Lokayukta and act according to the provided
directions. The Commission suggested that accepting money or any other
valuable consideration to speak or vote in a particular manner in the Parliament
should be considered into the corrupt acts.
For this purpose Article 105(2) of
the Constitution which provides immunity to MPs or MLAs under Parliamentary
privileges must be amended. Same arrangement should be made in Article 194(2)
for members of the State legislatures.
Deviance And Profession
Deviance is the recognized violation of cultural norms. Norms guide virtually
all human activities, so the concept of deviance is quite broad. One category of
deviance is crime; the violation of a society's formally enacted criminal law.
Even criminal deviance spans a wide range, from minor traffic violations to
prostitution, sexual assault, and murder.
Most familiar examples of
nonconformity are negative instances of rule breaking, such as stealing from a
campus bookstore, assaulting a fellow student, or driving while intoxicated. Not
all deviance involves action or even choice. The very existence of some
categories of people can be troublesome to others.
All of us are subject to
social control, attempts by society to regulate people's thoughts and behavior.
Often this process is informal, as when parents praise or scold their children
or when friends make fun of a classmate's choice of music. Cases of serious
deviance, however, may bring action by the criminal justice system; the
organizations-police, courts, and prison officials-that respond to alleged
violations of the law.
How a society defines deviance, which is branded as deviant, and what people
decide to do about deviance all have to do with the way a society is organized.
Only gradually, however, have people come to understand that the roots of
deviance are deep in society.
Deviance is always a matter of difference.
Deviance emerges in everyday life as we encounter people whose appearance or
behavior differs from what we consider "normal." Deviance can be beneficial to
society if unorthodox behavior leads to creativity or innovation. Alternatively
deviance may be harmful as in the case of crime.
According to Webster it is believed that profession comes from the word
'profess' which means to receive formally into a religious community following a
novitiate by acceptance of required vows. It might have something to do with the
word 'priest' who is authorized to perform the sacred rites of a religion
especially as R mediatory agent between man and God. According to Shaffer may be
that priesthood was the oldest profession with special knowledge.
A priest was capable of doing such things, which an ordinary person could not
do. Seen in this context, profession is originally meant to be a calling
requiring specialized knowledge and often long and intense academic preparation.
Oxford English Dictionary defines a profession as "a vocation in which professed
knowledge of some department of learning or science is used in its application
to affairs of others or in the practice of an art founded on it".
Cambridge International Dictionary of English defines a profession as "any type
of work which needs a special training or a particular skill, often which is
'respected because it involves a high level of education".
Both definitions lay emphasis on intellectual and skill aspects of the
- Every profession has code of conduct, conditions, rules and ethics.
- If any act violates such rules, etc., it is called as professional
- Professions includes: legal, medical, journalism, education, engineer,
Causes Of Professional Deviances
- Majority of people in India are poor, illiterate and backward, hence
they easily get exploited by the professionals.
- Some professions tend to have support from politicians – in return they
finance the politicians during the election.
- Accumulation of wealth by illegal means to meet for future uncertain
needs for their children.
Deviance In Medical Profession And Relation To Socio-Economic Offences
The medical profession is one of the oldest professions of the world and is the
most humanitarian one. There is no better service than to serve the suffering,
wounded and the sick. Inherent in the concept of any profession is a code of
conduct, containing the basic ethics that underline the moral values that govern
the professional practice and is aimed at upholding its dignity.
Ethics underpins the values at the heart of the practitioner-client
relationship. In the recent times, professionals are developing a tendency to
forget that the self- regulation which is at the heart of their profession is a
privilege and not a right and the profession obtains this privilege in return
for an implicit contract with society to provide good, competent and accountable
service to the public.
It must always be kept in mind that a Doctor is a noble
profession and the aim must be to serve the humanity, otherwise, the dignified
profession will lose its true worth. Doctors are also human beings having their
own needs of life. They are considered as white-collar personality without any
defect and expected to have morals, ethics and professionalism while treating
But as a human being to fulfill the never-ending demands, some
doctors get involved in unethical practice in their profession leading to white
collar crimes. Like other professions, medical profession could also offer
lucrative opportunities for the criminal acts and unethical practices, which is
the main cause for loss of faith over this profession. Crime in medical
profession enhances day by day which is essentially an outcome of competitive
Common Malpractices And Deviance In Medical Profession
- Submitting false post mortem reports, prepared by the examiner doctor to
shield criminals and murderer.
- Issuance of false Medical certificate.
- Demanding and receiving commission from suppliers of medicines, other
equipments and instruments to hospitals.
- Selling of medicines, injections and X-ray films, etc. which are
supplied to public hospitals to private shops by the doctors and associate
- The most common instances are illegal abortions, which includes
procuring, assisting or attempting to procure illegal abortions.
- Performing pre-natal sex-determination test, which is banned by Indian
law and after confirmation about female foetus doctor help to abort and kill that
- Presenting false medical reports in rape cases and dowry deaths to save
the criminals from hands of prosecution for money.
- Patients who come for operation and treatment at public hospitals and
having personal contact or influence upon doctors or who otherwise please
them with monetary consideration reported to be attended with particular
attention and preference.
- Making fake, illegal and misleading claims of medical cure through
advertisement in newspapers, magazines, radio and television.
- Prescribing medicines which one is not authorized to prescribe having
regards to his training or the system of medicines. Like an Ayurvedic doctor
prescribing allopathic medicines.
- Some doctors attend the patient who has been under the care of another
practitioner or sometimes attend patients when under the influence of drink
and drugs just because of monetary gain.
- Not attending the patient who is already under his treatment if doctor's
illegal demands are not fulfilled by such patient or from his family members
- Some doctors provide secret services to criminals by giving expert
opinion in court of law leading to their acquittal.
- Doctors, avoiding consultation in certain situation without care of life
of patient e.g. In case of poisoning when diagnosis is in doubt or when any
case has taken a serious turn and operation is to be performed immediately
or if there is any accident case occur in hospitals.
- Treating the patient or refusing to treat patient solely on religious or
- Kidney racket is a most illegal practice adopted by few devil doctors
with the help of some criminals. They purchase kidney from poor and needy
persons for very low price and then sell it with great profit. Sometimes at
the time of serious operations steals kindly from patient's body, such cases
are common today.
- Advising unnecessary expensive tests and reports just for gaining
marginal cut from that test.
Causes Of Increased Cases Of Professional Deviance In The Medical Field
Increased industrialization, urbanization, growing competitive tendency, greed
and lack of morals, ethics and lack of vigorous punishment are some causes of
any types of deviance.
There are some additional causes for such deviances are as follows:
- Majority of people in our country are poor and illiterate and
economically backward. They blindly follow what the health professional
advised to them due to the trust on the doctors. They do not have adequate
knowledge so they become easy prey for exploitation by such professionals.
Whereas educated people who are well aware of such illegal acts of these
professional deviants, are helpless to fight against such practices based on
money, flattery and opportunism.
- Increased professional deviance due to strong back up of corrupt
politician, who always support them to perform their illegal activities. In
return such deviant professionals finance politicians at the time of election or help them in
any illegal acts.
- Changing tendency of people to accumulate wealth by all means, when they
find acute shortage of jobs and other opportunities for their children, as
there is no guarantee from the State to provide livelihood.
Controlling Measures For Medical Deviance
- Through Governing bodies and enactment.
- Social awareness and imparting education about morals and ethics.
- Execution of stringent punitive laws to such deviance.
Lentin Commission Report
'In January 1986, tragedy struck the J.J. Hospital. Four departments were
affected, Neurology, Neurosurgery, Nephrology and Ophthalmology.
'It started with Bapu Thombre. He died on 21st January 1986. He was followed by
13 others. The last was Dawood Dholakia on 7th February 1986. They were all
patients in the J.J. Hospital. They all died unnatural and untimely deaths.
Their ages ranged from 10 to 76. Two of them were well on their way to recovery
... they too died. The common drug administered to all 14 was glycerine,
otherwise a harmless drug in therapeutical doses used down the years by the
medical profession the world over including the J.J. Hospital to combat oedema
or swelling of the brain.
The 289 pages of the report, again in the restrained words of Justice Lentin,
'describe and illustrate the ugly facets of the human mind and human nature,
projecting errors of judgment, misuse of ministerial power and authority, apathy
towards human life, corruption, nexus and quid pro quo (a favour or advantage
granted in return for something) between unscrupulous licence holders,
analytical laboratories, elements in the Industries Department controlling the
awarding of rate contracts, manufacturers, traders, merchants, suppliers, the
Food and Drugs.
Administration (FDA) and persons holding ministerial rank. None of this will be
palatable in the affected quarters. But that cannot be helped.'
Chapter III of the Lentin report summarizes the case histories of the 14
patients who died from the poisonous effects of diethylene glycol present in the
glycerol given to them. Four of them had brain tumours; three were under
treatment for head injury; one was being investigated for cerebral stroke; three
had glaucoma; two had cataracts; one had iridocyclitis and one had undergone
The early clinical manifestations of nephrotoxicity appeared
within one to seven days of exposure to the toxic chemical. In all fourteen
cases the average time of death was four to five days. Vomiting,
gastrointestinal bleeding, abdominal pain, guarding and rigidity, distension and
diarrhea formed the early features. Over the next two to three days oliguria,
anuria, acidosis and instability of blood pressure followed.
Infusion of sodium
bicarbonate, administration of acetazolamide, mannitol, frusemide and the use of
dialysis (in twelve of the fourteen patients) were of no help. Autopsy showed
acute necrosis of the renal cortices (with destruction of glomeruli and proximal
tubules), centrilobular hepatic necrosis, extensive adrenal hemorrhage and
changes secondary to renal failure.
Two patients had died by 24 January 1986. Glycerol was first incriminated on 27
January. Diethylene glycol was recognized as the toxic agent on 28 January. The
animal experiments were concluded on 31 January. As pointed out by Justice
Lentin, glycerol for medical use must have a concentration of glycerine not less
than 98% and moisture not more than 2%. 'As against this, the glycerol sold by
Alpana Pharm a to J.J. Hospital was: Diethylene glycol 18.5% Water 21 %
Polyglycol 51 % Glycerol 9 %
Recommendations Of The Commission
'If I could have it my way, several would be candidates for instantaneous
dismissal from service and certain others for permanent cancellation of their
licences. However, the rule of the law must prevail. Administratively, the J.J.
Hospital, at one time reputedly the best-run government hospital in all Asia, is
today in shameless.
Evidence reveals total lack of administrative or medical
control or supervision by the Dean and Superintendent. If there had been, I have
no doubt this ghastly incident could have been averted.
The J.J. Hospital is a
gigantic complex. Hence it must be managed administratively and medically on the
footing of an industry and in its present state of shameless, must be
resuscitated on a war footing. In the present set-up, the Dean, even with the
best of intentions (which however were lacking here), cannot possibly hope to
cope up with administrative and medical problems single-handed. Put a
professional in administrative charge and give him a free hand with clearly laid
Justice Lentin recommended two Deans--one on the medical side and one for
administration, the two interacting harmoniously. 'A reasonable tenure must be
assured to the Deans so as to ensure their involvement and commitment to the
This would prevent Deans considering themselves merely as birds of
passage and would also obviate their having an eye to aggrandizement by way of
promotion, or preventing their transfers, to which end, ministers, bureaucrats
and politicians must be pandered to and time wasted in Mantralaya rather than in
the performance of their duties in the J.J. Hospital.
The Deans must be persons
of independence and not compromise on principles or be subservient to ministers,
politicians and bureaucrats in the discharge of their duties or in order to
survive. The Deans must be given more power to operate within the budget for
local purchases instead of having to run to "higher authority" every time for
Commenting on the FDA, Justice Lentin pointed out that the Drugs
and Cosmetics Act 1940 and Rules are comprehensive and contain requisite
provisions and safeguards to ensure public health and safety. 'Unfortunately, by
reason of rampant corruption, nepotism and total lack of accountability
prevailing in the FDA, and ministerial interference, the provisions of the Act
and Rules are observed more in the breach than in their compliance.
Justice Lentin emphasized that it was absolutely imperative that the provisions of the
Act and Rules be scrupulously followed and implemented by the FDA officers
without fear or favour. The FDA must be headed by an assertive Commissioner of
proven administrative ability, preferably drawn from the Indian Administrative
Service, Indian Police Service or the Defence Services, capable of withstanding
ministerial, bureaucratic and political pressure without compromising on
principles or being subservient to anyone in the discharge of his duties or in
order to survive. He also recommended periodic refresher courses for FDA.
Officers to keep themselves fully acquainted with the provisions of the Act and
Indian Legislations To Curb Medical Malpractices
The Indian Penal Code has been enacted in order to curb the crimes committed by
the criminals. As advancement gets improved step by step, various sorts of
wrongdoings likewise get presented and polished in transit of influencing
The government have passed new laws, amended the current laws
and therefore provided an ideal opportunity to time the development of the
planet to fully end those new mistakes that have taken place. These are the few
acts which have reached the public through such methods.
Indian Penal Code, 1860
According to section 420 of the Indian Penal Code (IPC), "Whoever cheats and
thereby dishonestly induces the person deceived to deliver any property to any
person, or to make, alter or destroy the whole or any part of a valuable
security, or anything which is signed or sealed, and which is capable of being
converted into a valuable security, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be
liable to fine"9 .
The equivalent applies to any individual who misleads any
individual with an illegitimate goal by explicitly saying that the ailment of
individuals can be restored by his treatment
In the case of Shri Bhagwan Samardha v. State of Andhra Pradesh
court "took a positive move by considering that when somebody represents himself
to offer prayers to god for curing the illness and induces the person to give
money or any complements for that activity and he does not get a result, then it
is a fraudulent representation and the court can consider that the offence of
cheating as mentioned under Section 420 of IPC has been committed. In such
cases, the penalty extends to a period of 7 years of imprisonment."
According to Section 471 of IPC "Whoever fraudulently or dishonestly uses as
genuine any [document or electronic record] which he knows or has reason to
believe to be a forged [document or electronic record], shall be punished in the
same manner as if he had forged such [document or electronic record]." In
the case of Mulai Singh it was held that "when a person took forged copies
and presented in support of his title, he was held liable under section 471 of
the Indian Penal Code, 1860."
"If death is caused by the administering of some terminal substance or doing
some gross demonstration of carelessness by the quack in treating an individual,
the inquiry emerges regarding whether he can be indicted under s. 302, 304, or
304A." If it is possible that the quack is mistaken a little, it would be an
immediate and careless act to blame according to 304A because he knows that the
patient can't be treated and hurt afterwards.
An infusion of a quack that
infused the patient with terrible coolness causing the patient to pass was
indicted under area 304A since the treatment was not off base but was
misdirected. This judgement was Khushaldas v. State
,After that the case
Juggankhan Jamshankhan v. State
, "which took a stronger viewpoint.
aforesaid that the previous judgement failed to take into thought the very fact
that the system that the quack was active failed to acknowledge the system of
injections. The Court was of the opinion that in cases wherever the drug was
fatal and not the one typically prescribed; the act can represent the definition
of murder. Thus, such a heinous act causing death will be punished by
imprisonment for life."
The Indian Medical Council Act, 1954
"The Medical Council is empowered to inspect the universities as to the courses
of study and examination and can further withdraw recognition if the courses of
study, equipment, training, etc. that do not conform to the standards prescribed
by the Council." An Indian Medical Register has to be maintained by the
Indian Medical Council which contains all the names that are enrolled on any
Although, the Registrar's 'satisfaction' as to the person's
medical qualification is required, some of the Registrars do not look into the
credibility of the person's qualification but only accept the State register.
The Council can set up an Executive committee for any special purpose under
Section 9 of the Indian Medical Council Act.
Indian Medical Council Act, 1970
This Act refers to Indian medicines such as Ayurveda, Siddha and Unani. It tends
to create committees for the constant monitoring of quacks in all of these
fields of medicine. Such medical abuses are also prosecuted. In addition, this
Act incorporates provisions on inspection and registration. In addition, there
is a great deal of discussion in ayurvedic medicines regarding human and animal
bones. The Central Council for Indian Medicine must take serious measures to
monitor such practices.
The Medical Termination of Pregnancy Act, 1971
This Act which was mainly enacted by the parliament to abort certain pregnancies
by registered medical practitioners. There are two main objectives which are
supposed to be maintained by the government, the reproductive right of a woman
should be upheld in case of termination of pregnancies and to protect the life
of a human being in womb (foetus).
Generally, we know that an abortion is
supposed to be done between 10 and 20 weeks of pregnancy, but the act gives the
power to doctors to terminate that pregnancy after 24 weeks.
But there are
certain conditions which will have to be followed by doctors like:
Transplantation Of Human Organs Act, 1994
- There should be any risk to life of the woman in giving birth the baby
- There should be any case of foetal abnormalities.
- In any case where immediate necessity to save the life of that pregnant
- The pregnancy is happened due to rape on that woman, etc.
- In India termination of pregnancy is considered a criminal offence
according to Indian Penal Code, 1860.
It was implemented with authorization by three states Goa, Himachal Pradesh and
Maharashtra. Later on, others states adopted the regulations of this act as we
got to know that human organs can be donated to another person who really need
that organ. Here organs mean heart, lungs, kidneys, skin, tissues, bones, corona
etc. could be donated. This act absolutely set rules and obligations mainly
relating to who can donate, how this procedure will be conducting, who can
receive the organ and all those.
Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
- It provides for the prohibition of sex selection, before or after
It regulates the use of pre-natal diagnostic techniques only to detect genetic
abnormalities, metabolic disorders, chromosomal abnormalities, certain
congenital malformations, haemoglobinopathies and sex linked disorders.
The Central Supervisory Board (CSB) was constituted by the government under
Section 7 to review and monitor implementation of the Act and rules made there
It 'criminalises' non-maintenance of medical records by obstetricians and
gynaecologists and suspend their medical licence indefinitely.
It mandates compulsory registration of all diagnostic laboratories, all genetic
counselling centres, genetic laboratories, genetic clinics and ultrasound
Any person who puts an advertisement for pre-natal and pre-conception sex
determination facilities through any media in electronic or print can be
imprisoned and fined.
Famous Cases Of Medical Deviance
Syed Akbar Vs. State Of KarnatakaCriminal malpractice occur, when a doctor during the course of treatment
violates the provisions of penal law and subject himself to prosecution by the
state or to a complaint by the concerned party. Facts of the case: A plastic
surgeon may alter the features of ridge characteristics of a criminal to erase
the identification so that his foot print / full proof identification mark gets
destroyed which generally happens in United States of America and some advanced
country which amounts to an unlawful act.
A doctor is duty bound to report all
cases of violence coming to his knowledge, in which the commission of criminal
acts suspected. If he fails to abide by this provision of the law, he will be
liable for punishment under Section -202 of Indian Penal Code (I.P.C.). A
doctor, if willfully make false a birth or death certificate or prepares a
fraudulent affidavit for any purpose or willfully attempts to conceal the nature
of a criminal act, is making him liable for criminal proceeding.
Jaggan Khan Vs. State Of MpA Kaviraj, who was not a qualified Surgeon, cut the internal piles of a patient
by an ordinary knife resulting of which the patient died of profuse bleeding.
The Kaviraj was convicted under Sec.304-A IPC for his rash and negligent act. He
pleaded for the benefit of Sec. 88 of the IPC saying that what he did was in
good faith and he had obtained the consent of the patient and in the past he had
performed several operations of same type. His plea was unacceptable to the
court and he was held liable.
Parmananda Katara Vs. Union Of India Supreme Court gives a bold judgment that, it is the professional obligation of
all doctors whether Government or private, to extend the medical aid to injured
immediately to preserve the life without waiting legal formalities to be
completed with the police under Criminal Procedure Code (CrPC). Article 21 of
Indian Constitution, casts the obligation of those who are in charge of the
health community and preserve life so that the innocent may be protected and the
guilty may be punished. The given judgment by S.C. is a very significant ruling
of the Court. It is submitted that if this decision of the court is followed in
its true spirit it would help in saving the lives of many citizens who die in
accidents because no immediate medical aid is given by the doctors on the ground
that they are not authorized to treat medico-legal cases. When all doctors of
this country would follow the rulings of the court earnestly and devote their
profession for the services of patients and needy people of society that would
become the true inspiration beyond the concept of professional ethics.
Jacob Mathew V. State Of Punjab"A patient named Jiwan Lal was admitted to a personal ward in CMC Hospital,
Ludhiana. At 11 pm of the date 22-02-1995, the patient suddenly had issue in
respiratory. His elder son, Vijay Sharma called the nurse and doctor once seeing
his father's condition. No doctor turned up for 20-25 minutes. After that, Dr.
Jacob Mathew and Dr. Allen Joseph came to the area for the patient.
was forthwith connected with associate gas cylinder to his mouth however the
matter redoubled even so. Apparently, the gas cylinder was found to be empty and
no different gas cylinder was offered. Vijay Sharma visited the hotel room and
brought another gas cylinder. within the interior of this, around 5-7 minutes
were wasted. Throughout this, the doctor confirmed that the patient is dead.
younger son, Ashok Kumar Sharma filed a primary info Report (FIR) underneath
Section 304A scan with Section 34 of the IPC." The court held that "Reverting
back to the facts of the case before us, we are satisfied that all the averments
made in the complaint, even if held to be proved, do not make out a case of
criminal rashness or negligence on the part of accused-appellant.
It is not the
case of the complainant that the accused-appellant was not a doctor qualified to
treat the patient whom he agreed to treat. It is a cause of non-availability of
oxygen cylinder either because of the hospital having failed to keep available a
gas cylinder or because of the gas cylinder being found empty. Then, probably
the hospital may be liable in civil law (or may not be – we express no opinion
thereon) but the accused-appellant cannot be proceeded against under Section
304-A of IPC on the parameters of Bolam's test."
Thakur's CaseIn August 2016, Surat resident Brijkishore Jaiswal required a kidney transplant
and was prepared to receive one from Shobha Thakur, a 42-year-old domestic
employee from rural Gujarat. however so as to urge the excretory organ, Jaiswal
tried to pass Thakur off as his mate and aforesaid that she was donating the
organ selflessly. Jaiswal was paying Thakur for her kidney and therefore
breaking the law, that bans commercial organ donation.
Once the racket,
involving doctors at the Dr LH Hiranandani Hospital in city, came to news,
Thakur was left stranded by the hospital. The doctors had begun the surgery
along with her, however were stopped by the city Police before they retrieved
She was inactive within the case and had to stay in jail 5 weeks
once bail was granted as she didn't have the cash to rearrange for it, nor was
anyone from her village willing to rearrange for a warranter from her. Nonprofit
organisations just like the Centre for Enquiry into Health and Allied Themes and
Human Rights Law Network in city helped Thakur once her arrest."
Major Pankaj Rai Vs The State Of Karnataka"Major Pankaj Rai's spouse Seema was affected by a kidney disorder. The doctors
took Seema to the operation theatre for excretory organ and exocrine gland
Transplant while not her family's permission. Pankaj Rai had to pay 8.25 lakhs
for the operation and Seema has lost her life conjointly. The doctors did not
even tell their families concerning Seema's death and transitioned their
The hospital does not have a license for the exocrine gland transplant.
The court has ordered that the Respondent (i.e. doctor) is debarred from
performing arts the surgery. during this case, it tells that the hospital has
operated while not a license for exocrine gland transplant and consent of the
patient's family. during this case, it's well clear that to form cash some
doctors involve in such quite extra operation to earn cash."
Deviance In Engineering Profession And White Collar Crimes
Engineers develop new technological solutions. During the engineering design
process, the responsibilities of the engineer may include defining problems,
conducting and narrowing research, analyzing criteria, finding and analyzing
solutions, and making decisions. In between these works there comes deviation
from professional ethics which ultimately leads to Socio-Economic offence.
Deviance By Engineers
- Underhand dealing with contractors and suppliers.
- Passing of substandard works and materials.
- Construction of buildings, roads, canals, dams and bridges with
- Computer related crimes – theft of communication services, tax evasion,
- Cyber-crimes by highly talented engineers.
Deviance Related To Architecture In Civil Engineering
With respect to architectural practice, white collar crimes are rampant in the
construction industry. The construction industry is perhaps one of the oldest
industries in the world. The ancient monuments like the Egyptian pyramids, the
temples of Greeks and Romans like Parthenon and Pantheon, the robust bridges,
old Roman theatres, the citadels and many more are the best testament to it.
the same time, there are many reports available depicting that the construction
industry is one of the most corrupt sectors worldwide. The reason for corruption
in construction is the nature of the construction project itself which
facilities corruption. Construction projects normally have a large number of
participants linked together.
Each link has its own contractual form where every
item of work, acceptance of lower quality work extension of time or approval of
additional payments provide an opportunity for corruption, indeed every
contractual link provides the opportunity for someone to be engaged in corrupt
Major reasons are project phases, size, uniqueness, the complexity of
the projects, concealed work, and lack of transparency and extent of government
involvement. Architects form a part of the chain and contribute to the economic
offences. It is important to understand the specific areas where the architects
contribute to the white collar crimes in the infrastructure sector.
They are as follows:
- Manipulation of Design:
A project owner appoints an architect to design a
project. One of the competing contractors who is tendering for the project
bribes the architect to provide a design with which only that contractor can
fully comply. The bribe is the promise by the contractor of significant future
work for the architect. The architect 44 provides an appropriate design. This
design can be manipulated to the advantage of the contractors.
- Inflated claim for variation:
A contractor is instructed by the architect
appointed by the project owner to carry out a variation to the works. The
contract entitles the contractor to an extension of time and an additional
payment in this circumstance. The contractor submits a written claim in respect
of the variation to the architect which deliberately exaggerates the manpower,
materials, equipment and time required to carry out the variation.
- False extension of time application:
In case of delay on the contractor's
part, the contractor submits a written claim to the architect appointed by the
project owner which alleges that the whole delay was attributable to the change
in specification. The architect accepts the contractor's claim and awards the
contractor an extension of time and additional payment. The project owner pays
the additional payment.
- False variation claim:
A contractor carries out work which is not in
compliance with the contract specification. Under the contract, the architect is
responsible for issuing variations. The contractor offers the architect a bribe
if he confirms in writing that the work was carried out rsuant to a variation
issued by the architect, and is therefore acceptable. The architect does so.
- Delayed issue of payment certificates:
The project owner offers the
architect a future appointment on another project if the architect delays the
issue of payment certificates which are due to the contractor. The architect
- Set-off of false rectification costs:
Under the contract, the architect
appointed by the project owner is required to specify outstanding defects. The
project owner persuades the architect to include, in the schedule of defects,
additional purported defects which in fact are not outstanding. Other deviances
include conducting architectural practice without due registration.
architects who were involved in the 2014 Moulivakkam building collapse in
Chennai were later found to have not registered with the Council of Architecture
under the Act. When these professionals engage with the public sectors, they
involve economic offences.
In 2016, an architect in Washington, D.C was found to
have bribed the official in Cleveland Veterans Administration for getting
insider information so as to enable their firm to procure the contracts in
bidding. In India, architects join hands with the government officials in
committing white collar crimes.
In construction cases, the architects are
authorized to give completion certificate after the completion, and corruption
happens at this place. In 2017, an architect, along with the engineers of Vadodara Urban Development Authority (VUDA), was arrested for demanding a bribe
for providing the completion certificate.
Poor Public Infrastructure In India
Bridge collapse in India is gloomy saga of rampant corruption, use of
substandard material, red-tapism and institutionalized plunder of money of
common man. This is evident from hundreds of these types of incidents. Some
major incidents are:
- 21 July 2001: Kadalundi River rail bridge in Kadalundi - 57 killed
- 10 September 2002: Rafiganj rail bridge in Rafiganj - 130 killed
- 29 October 2005: Veligonda Railway Bridge in Railway bridge - 114 killed
- December 2006: Pedestrian bridge Bhagalpur in - 30 killed
- 9 September 2007: Flyover bridge Punjagutta in Hyderabad - 20 killed
- 1 Oct 2008: Under-construction flyover in Lucknow - 6 Killed
- 25 December 2009: Kota Chambal Bridge Kota in Rajasthan - 9 killed - 45
- May 25, 2012: Pauri Garwal, Uttarakhand - Under construction Bridge - 6
- June 10, 2014: Flyover in Surat - 3 Killed
- Aug 25 2015: Flyover in Nawada - 4 killed
- 31 March 2016: Vivekananda Flyover Bridge Kolkata - 27 killed, 80+ injured
- 2 August 2016: Savitri River Bridge, Maharashtra - 28 killed
- 18 May 2017: Sanvordem River Bridge, Curchorem, Goa 2 killed, 30 missing
- May 16, 2018 : Under-construction flyover in Varanasi - 18 Killed
In all these incidents one thing was common and that was corruption, faulty
designs and use of substandard material. Further always newspapers are flooded
with news of broken and damaged roads, potholes, unplanned sewage chambers. All
these issues are grave but what authorities care about is money through
corruption and nothing else.
Cyber Crimes By Engineers And Legal Mechanism To Control Cyber Crimes
Cyber Crime in India has been rapidly evolving since the dawn of the
technological era. Every day, in fact, you get to hear different tricks, scams
and many other offences being committed on the cyberspace. There are many types
of cyber crime in India that have already been listed under the Information
Technology Act, 2000, suggesting various types of crimes. Also in order to
follow the guidelines of cyber crime act in India, in major cities, many cyber
crime cells in India have been set up.
With the advancement of technology, recent cases of cyber crime in India has
also increased. Today, many crimes like kidnapping, fraud, hacking, data theft
are being committed with the help of internet. Criminals who perform such
activities are often referred to as "hackers". These hackers are generally
people who have degrees and diplomas in Computer Science or people from
Engineering background who have access to smart resources in their professional
capacity. Many of the cyber crime cases in India are registered under the IT
Digitalization is unbridled these days and the Internet has made life easier for
everybody, with everything just a click away. From white collar crimes to
attacks by terrorist organizations, the number of cyber crimes in India has also
increased. It has made man dependent on the technology for every little basic
need. Today each need is covered online like online shopping, ordering food,
online gaming, making payments and etc.
Types of Cyber crimes
Cyber crime can be committed in two ways - one in which the computer is the
target of a cyber attack, and the other in which the computer is used to commit
a cyber crime against any person or entity.
Cyber crimes in India are categorised into main four types which include:
- Cyber crime against a person:
This type of cyber crime is committed against
a person using an electronic domain as a medium. This includes crimes like Cyber
stalking, Hacking, Cracking, Defamation, Online Fraud, Dissemination of Obscene
Material, Child pornography, Spoofing, Phishing.
- Cyber Crime against property:
Cyber crime against property is committed
using an electronic device as a medium. Here, the property does not mean any
immovable property but includes movable and intangible property like computers,
Intellectual Property, etc. This includes crimes like Transmitting virus, Cybersquatting, Cyber Vandalism, Intellectual Property Crimes.
- Cyber crime against Government:
The government of a country may become the
target of a cyber crime as well. Any cyber crime committed against a government
is committed to threatening the unity, honour, and security of the target
country. This includes crimes like Cyber Warfare, Cyber Terrorism.
- Cyber crime against society:
When a cyber crime is committed against
numerous individuals, it is known as cyber crime against society. This includes
crime like Online Gambling, Cyber Trafficking.
Legal Mechanism To Control Cyber Crime
- Information Technology Act, 2000
The Indian cyber laws are governed by the Information Technology Act, penned
down back in 2000. The principal impetus of this Act is to offer reliable legal
inclusiveness to eCommerce, facilitating registration of real-time records with
But with the cyber attackers getting sneakier, topped by the
human tendency to misuse technology, a series of amendments followed. The ITA,
enacted by the Parliament of India, highlights the grievous punishments and
penalties safeguarding the e-governance, e-banking, and e-commerce sectors. Now,
the scope of ITA has been enhanced to encompass all the latest communication
The IT Act is the salient one, guiding the entire Indian legislation to govern
cyber crimes rigorously:
Section 43 - Applicable to people who damage the computer systems without
permission from the owner. The owner can fully claim compensation for the entire
damage in such cases.
Section 66 - Applicable in case a person is found to dishonestly or fraudulently
committing any act referred to in section 43. The imprisonment term in such
instances can mount up to three years or a fine of up to Rs. 5 lakh.
Section 66B - Incorporates the punishments for fraudulently receiving stolen
communication devices or computers, which confirms a probable three years
imprisonment. This term can also be topped by Rs. 1 lakh fine, depending upon
Section 66C - This section scrutinizes the identity thefts related to imposter
digital signatures, hacking passwords, or other distinctive identification
features. If proven guilty, imprisonment of three years might also be backed by
Rs.1 lakh fine.
Section 66 D - This section was inserted on-demand, focusing on punishing
cheaters doing impersonation using computer resources.
- Indian Penal Code (IPC) 1980
Identity thefts and associated cyber frauds are embodied in the Indian Penal
Code (IPC), 1860 - invoked along with the Information Technology Act of 2000.
The primary relevant section of the IPC covers cyber frauds:
Forgery (Section 464) , Forgery pre-planned for cheating (Section 468), False
documentation (Section 465), Presenting a forged document as genuine (Section
471), Reputation damage (Section 469)
Socio- Economic offences in today's world of greed, morality and apathy has
become a norm. Though every profession have some professional ethics attached
with it but there is definitely some deviance. When we analyse medical
profession, we can see that inspite of being considered a noble profession this
is not free from corruption. This is not only about the matter of ethics of the
medical fraternity as a whole but also in future who else are practicing this
profession are being questioned.
The people who consider the doctors as equivalent to the god, if those doctors
make their profits at the cost of the mass's live that is totally against the
ideology of mankind. These crimes, although are non-violent, shakes the faith of
the common masses towards the doctors who are revered highly in the society. The
Government must take steps to make databases of every doctor in the country
easily accessible to public.
These databases shall contain the record of their authorized and true degree
certificates and their conduct as doctors. Many steps are needed to be taken to
help the medical profession maintain its sanctity. The media must also play its
role in publicizing white-collar crimes regarding this profession so that none
of the cases of medical negligence and malpractices go unreported.
The Indian Constitution which gives the right to every person to live a healthy
life under Article 21 of the Indian Constitution, therefore our government
should watch out for more of these wrong doings and take appropriate legal
actions against those perpetrators of such crimes. Government is also duty bound
to let the people know about these types of crimes in order to make them aware
of it so that they cannot be deceived in future.
Similarly Engineering profession is also suffering from various deviances like
Underhand dealing with contractors and suppliers, Passing of substandard works
and materials, Construction of buildings, roads, canals, dams and bridges with
sub-standard material, Computer related crimes – theft of communication
services, tax evasion etc. Though there are various legal provisions to prevent
these type of offences but still we need to uphold the virtues of morality.
- Santhanam Committee Report
- Law Commission Report, 29, 1
- Santhanam Committee Report, 11
- Law Commission Report, 47, 2
- Law Commission Report, 47, 2
- Id., 11
- Id., 3
- Supra note 2, 47
- Id., 19
- Income Tax Act, 1961
- Latilla V Inland Revenue Commissioner, Law Reports 1943 Appeal Cases, 381
- Supra note 2, 61
- Id., 62
- Id., 69
- Hennessy etal., Systemic Failure in the Provision of Safe Food, Food
- M.R. Grossman, Genetically Modified Crops in the United States: Federal
Regulation and State Tort Liability, ENVLEREUK, 18 (2003)
- Prevention of Food Adulteration Act, 1954
- Municipal Corporation of Delhi V Surja Ram, (1965) CrLJ 571
- Food Safety and Standards Act, 2006
- Indian Penal Code, 1860
- Prevention of Corruption Act, 1947
- Prevention of Corruption Act, 1988
- Supra note 2, 74
- (a) The Prevention of Food Adulteration Act, 1954. (b) The Fruit
Products Order, 1955. (c) The Meat Food Products Order, 1973. (d) The
Vegetable Oil Products (Control) Order, 1947. (e) The Edible Oils Packaging
(Regulation) Order, 1998. (f) The Solvent Extracted Oil, De oiled Meal, and
Edible Flour (Control) Order, 1967. (g) The Milk and Milk Products Order,
1992. (h) Any other order issued under the Essential Commodities Act, 1955,
relating to food.
- M/s Rajputana Distributers v/s Deputy Commissioner of Customs and Other,
W.P. No. 19279/2011 of, the directions/order dated 23.09.2011.
- Swami Achyutanand Tirth & Ors vs Union Of India, W. P. No. 159 0f 2012.
- The Prevention of Corruption Act, 1988, Section 6.
- Government of India, Second Administrative Reforms Commission (ARC), 4th
Report on Ethics in Governance, 5- 6.
- The Fourth Report of 2nd ARC, op. cit., (para 188.8.131.52)
- The Prevention of Corruption Act, 1988, Section 7.
- The Fourth Report of 2nd ARC, op.cit (para 184.108.40.206)
- The Prevention of Corruption Act, 1988, Section 19
- The Fourth Report of 2nd ARC, op. cit (para 220.127.116.11).
- Ibid (Para 3, 2, 5, 6).
- Ibid, (para 3.3.7).
- Ibid, (para 3.4.10).
- Ibid, p. 154
- Ibid, (para 3.5.4)
- Ibid, (para 3.6.4)
- Ibid, (para 3.7.19)
- The Chief Vigilence Commissioner, Home Secretary, Finance Secretary,
Secretary Banking/Financial Sector; a Deputy Governor, RBI; Secretary,
Department of Company Affairs; Law Secretary and Chairman Security Exchange
Board of India (SEBI) etc. should be its members.
- The Fourth Report 2nd ARC, op. cit., (para 4.7.19).  Ibid, (para
- Ronak Singh Bhangu, WHITE COLLAR CRIME IN THE MEDICAL FIELD: A STUDY IN
INDIAN PERSPECTIVE, http://ijrar.com/upload_issue/ijrar_issue_20543600.pdf
- Manoj Mahadeo Ramugade PROFESSIONAL DEVIANCE IN MEDICAL FIELD - A TIME TO
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patients in J.J. Hospital at Bombay in JanuaryFebruary, 1986 due to alleged
reaction of drugs). Government of Maharashtra, Medical Education and Drugs
Department, Bombay, 1988, p. 1.
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Chatterjee , Anamika Sarkar , Manorama Patra, Analysis of White-Collar Crimes in
Medical Profession with Special Reference to Observations By Lentin Commission
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- AIR 1999 SC 2332
- The Indian Penal Code, 1860 (Act No. 45 Of 1860) s.471
- (1906) 28-All 402
- AIR 1960 MP 50 203
- AIR 1963 MP 102
- B.S. khetrapal, Indian Medical Council Act, 1954, (pooja law house, 2013).
- AIR 1979 SC 1843
- 1965 SC 831, 1965 Cr. L J 16
- AIR 1989 SC 1039
- AIR2005SC3180; (2005)6SCC1; 2005CriLJ3710
- Manekarao, (Dec 14, 2017 A· 02:30 pm) available at: https://scroll.in/pulse/861390/indias-laws-onorgantransplants-to-little-to-protect-rights-of-organ-donors.
(last visited December 4, 2020).
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