White Collar Crime

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I am an Advocate practising before the Supreme court India & Delhi High court having experience of more than 36 years in court trials and dealing with cases and prosecutions...

India Criminal Law

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

About Me!

I am an Advocate practising before the Supreme court India & Delhi High court having experience of more than 36 years in court trials and dealing with cases and prosecutions relating to the Income Tax Act, 1961, The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Money Laundering Act (PMLA), economic offences, white-collar crimes, corporate crimes, cyber-crimes, data theft, enforcement of IPR, criminal and civil laws.

What is a White Collar Crime?

A Crime is a Crime.

Colour does not change the crime.

Blue Collar crime is motivated by

fury,
vengeance,
Emotions.

White collar crime is a crime

motivated by greed
meticulously organized & accomplished
committed by the people who belongs to the higher class of society and

These people :

Are from reputable group of society.
Commit these crimes during the course of their occupation.
Usually have a better understanding of
- technology,
- their respective field,
- disciplines etc.
are people of high stature and
There is generally an element of breach of trust by carrying out unethical business practices because of motivation to gain financially.
It is the offenders' position that accords upon them the opportunity to perpetrate such crimes.

Essential elements of White Collar crime:

Fraud
Deceit
Cheating
Breach of Trust
Intent
Disguise
Knowledge
Concealment
Conspiracy
Organized
Planning

DESCRIPTION WHITE COLLAR CRIMES

NONVIOLENT

Committed by breaking confidence and trust.
Emotionless.
Victim usually cooperate.

FINANCIAL

Hatched in daylight.
Victims may not know that a crime is being perpetrated on them.
Money or Financial gains are motives.

Legislations against White Collar Crimes in India

# 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

# Fugitive Economic Offenders Act, 2018

# Foreign Exchange Management Act

# Special Court (Trial of offences relation to Transactions in Securities) Act, 1992

# Central Vigilance Commission Act, 2003

TYPICAL CRIMES

FRAUD
WAGE THEFT
BRIBERY & CORRUPTION
CYBERCRIME DATA THEFT RANSOMWARE
FORGERY
EMBEZZLEMENT

OTHER WHITE COLLAR CRIMES

GREAT WHITE COLLAR CRIMES – INDIA

List of somescams at https://en.wikipedia.org/wiki/List_of_scandals_in_India

Thank you.
Presentation By

Vijay Pal Dalmia, Advocate

Supreme Court of India & Delhi High Court

Email id: vpdalmia@vaishlaw.com

Mobile No.: +91 9810081079

Linkedin: https://www.linkedin.com/in/vpdalmia/

Facebook: https://www.facebook.com/vpdalmia

Twitter: @vpdalmia

The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.