WHITE COLLAR CRIME NOTES.

WHITE COLLAR CRIME AND DEFINITION.

Q) "Crime committed by a person of respectability and high social status

course of his occupation" Critically explain. [ Jan 25]

Ans:

Introduction

Prior to the work of Edwin H. Sutherland, the prevailing assumption in

criminology was that crime was primarily committed by individuals from

economically disadvantaged backgrounds1. Crimes were typically

based on physical harm and overt moral deviance, focusing on offenses

theft, robbery, and murder. Criminal law during this earlier period rarely

addressed economic misconduct committed by elites. The emergence of

concept of "White Collar Crime" marked a significant shift in criminological

thought, challenging this long-held view and broadening the scope of what
was

considered criminal behaviour.

Definition

The term "White Collar Crime" was formally introduced by Edwin H.

in his 1939 address to the American Sociological Society. Sutherland's

definition, which became foundational to this new area of study, is stated

"White collar crime may be defined approximately as a crime committed

person of respectability and high social status in the course of his

Meaning
Sutherland's definition highlights two key elements: thestatus of the

offenderand thecontext of the crime. It posits that the perpetrator is

typically a person of "respectability and high social status," suggesting

these individuals belong to the upper echelons of society. The crime is

committed "in the course of his occupation," meaning it is inextricably

their professional activities and legitimate occupational role.

This definition represents a paradigm shift from earlier theories that

associated crime with poverty or physical aggression. It underscores that

is not exclusive to the poor or uneducated, but can also be perpetrated by

in positions of power and prestige. Such crimes often involve financially

motivated offenses committed by individuals in positions of authority or

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Time Limits for Trial: Trials under the PCA, 1988, were initially given a

fixed limit of two years, extendable up to four years for reasoned delays.

This policy aims to expedite the judicial process for corruption cases.

Protection for Bribe Payers: The Act includes a provision to protect

individuals who were forced to pay a bribe, provided they report the

matter to law enforcement within 7 days. This policy encourages

reporting of corruption.

Emphasis on Deterrent Punishment: Case law demonstrates a judicial

policy, in conjunction with the Act, that emphasizes deterrent punishment

for economic crimes, including those covered by the PCA, due to their

corrosive effect on the national economy and public confidence. The

Supreme Court has stressed that white-collar criminals should be treated

with greater severity.

Interrelation with Other Laws and Institutions: The PCA, 1988,

operates within a broader legal framework and in conjunction with

institutional mechanisms. It is a primary statute for combating

corruption, complemented by institutions like Lokpal and Lokayukta which

investigate corruption allegations against public functionaries, including

those covered by the Act.

Conclusion

The Prevention of Corruption Act, 1988, represents India's primary

policy framework for combating corruption among public servants and

explicit penal provisions for various corrupt acts, provisions for corporate

liability, mechanisms for investigation and trial, and the inclusion of

like prior sanction and presumption of guilt to navigate the complexities of

corruption cases. While the Act serves as a critical tool in the fight against

official deviance and aims to promote integrity, its effectiveness is noted

dependent on factors such as rigorous enforcement, judicial and

accountability, political will, and adequate resources. The Act, along with
other

anti-corruption laws and institutions, reflects the state's policy to address

profound harm that corruption causes to governance, the economy, and

trust.

Q) Enumerate the provisions relating to appointment, powers and

of special judges under the Prevention of Corruption Act, '1988. [Aug 24]

Ans:

Introduction

The landscape of crime has evolved significantly beyond the conventional

offenses that historically formed the bedrock of criminal jurisprudence.

the advancement of commerce, technology, and the increasing

societal structures, new forms of criminality have emerged, notably white-

crimes and socio-economic offenses. These "new types of crimes" are

sophisticated methods employed by offenders who often occupy positions

trust and authority. This presents a significant challenge to the basic

and frameworks of traditional criminal law, which were primarily designed

address crimes involving physical harm, clear intent, and visible acts by

individuals typically from lower economic strata. The fundamental canons

traditional criminal jurisprudence, while essential for maintaining justice in

conventional contexts, often prove ill-suited or require significant

when applied to the nuanced and concealed nature of these modern

Definition

Traditional criminal jurisprudence is the philosophical and theoretical

foundation of criminal law, structured around fundamental principles

ensuring justice, fairness, and social order. Key basic canons include:

Principle of Legality (Nullum