Thomsan White Collar Crimes in India Contemporary Issues and Complexities by Susanah Nausad and Mohammed Raiz 1st Edition 2021

Description

📘 Key Highlights

1. Understanding White-Collar Crimes

• Definition and Evolution: The book begins by defining white-collar crimes and tracing their evolution in the Indian context.

• Legislative Framework: It examines key statutes such as the Indian Penal Code (IPC), Prevention of Corruption Act, 1988, Prevention of Money Laundering Act (PMLA), 2002, Companies Act, 2013, and the Fugitive Economic Offenders Act, 2018.The Legal Quorum+3Law Article+3Law Bookshop+3

2. Procedural Aspects

• Criminal Trial Process: The authors provide an overview of the criminal trial process in India, including the filing of complaints, registration of FIRs, investigation, and arrest procedures.

• Search and Seizure: Detailed discussions on the legal provisions governing search and seizure operations in white-collar crime cases.

• Bail and Arrest: Analysis of bail provisions and the complexities involved in arresting individuals accused of white-collar crimes.

3. Contemporary Legal Issues

• Cross-Border Investigations: The book delves into the challenges and legal frameworks surrounding cross-border criminal investigations.

• Corporate Criminal Liability: An in-depth look at the concept of corporate criminal liability, including landmark cases like Standard Chartered Bank v. Directorate of Enforcement, Iridium India Telecom v. Motorola Inc., and Sunil Bharti Mittal v. CBI.

• Approvers and Whistleblowers: Examination of the roles and legal protections for approvers and whistleblowers in white-collar crime cases.

• Legal Privilege: Discussion on the rule of legal privilege and its implications in corporate investigations.Bar and Bench – Indian Legal news+1Law Bookshop+1Law Bookshop

4. Regulatory and Enforcement Challenges

• Investigation Agencies: Insights into the roles of agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and Serious Fraud Investigation Office (SFIO).

• Judicial Oversight: Analysis of the judicial oversight mechanisms in place to ensure accountability and transparency in white-collar crime cases.

• Evidentiary Issues: Challenges related to the collection and admissibility of evidence, especially in complex financial frauds.Law ArticleThe Legal Lock

5. Impact on Indian Business and Economy

• Economic Consequences: The book discusses the significant economic impact of white-collar crimes, including loss of investor confidence and financial instability.

• Corporate Governance: Emphasis on the need for robust corporate governance practices to prevent and detect white-collar crimes.

• Policy Recommendations: Suggestions for strengthening the legal and regulatory framework to combat white-collar crimes effectively.