Socio-Economic Offences and White-collar Crime

The article about Socio-Economic Offences and White-collar Crime offers a significant challenge to any Society’s Growth has been written by Mitali Dutta a student of MIES R M Law College, which is an excellent law college in West Bengal with a high rate of success and the best placement support. MIES R M Law College is one of the best law schools in Kolkata, situated at Sonarpur, South Kolkata. MIES R M Law College, Kolkata has completed many years of its glorious journey in law education. This College is one of the best law education providers in India. MIES R M Law College is one of the topmost renowned Law Colleges of India under Vidyasagar University and approved by the Bar Council of India. Many successful students of MIES R M Law College currently work at the High Court and The Supreme Court as lawyers.

SOCIO-ECONOMIC OFFENCES AND WHITE-COLLAR CRIME OFFER A SIGNIFICANT CHALLENGE TO ANY SOCIETY’S GROWTH.

HOW EFFECTIVE IT IS?

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ABSTRACT

Socio-economic offenses are increasing day by day. Those offenses are like cancer for the country and are eating into the vitals of the common people. It is a very dangerous impediment to the development of a nation. Many laws have been enacted to deal with these offenses. Socioeconomic offenses are wider than white-collar crimes. In Criminology, blue-collar crime is any crime committed by an individual from a lower social class. In this paper, the evaluation of socio-economic offenses, differences between socio-economic offenses and white-collar crimes, and application of maxim ‘actus non facit reum nisi mens sit rea’ in socio-economic offenses will be discussed.

Keywords: Rampant exposure of Socioeconomic offenses, White-collar crime, Blue-collar crime, Traditional offenses & Mens Rea.

Literally this term means the social factors that determine, induce & cause crimes in human society. The basic cause of socio-economic offenses are sourced from conflicts between man & man, community & community, rich & rich and religion & religion.

These disagreements, competitions among humans, disharmony & other differences & also strong desire for money, wine, comforts, sexuality, ego, anger & arrogances and want of human values result in socio-economic crimes at large.

Introduction to Socio-Economic Offences and White-collar Crime:

Socio-economic offences are usually considered to be synonymous with white-collar crimes but a deep study into the concept reveals that although there is an intersection between socio-economic offences and white-collar crimes, but the latter is narrower is scope. White-collar crimes are those which are committed by upper class of the society by their occupation.

Social crimes are those which affect the health and material lives of the community. And economics are those which affect the country’s economy and not merely the victim. In India, the Govt. of India had appointed a committee names Santhanam Committee in the year 1962 and the committee suggested reforms in the legal framework of the purpose of ensuring a fast trial of cases relating to bribery, corruption or criminal misconduct. Therefore, Such a state of prevalence of crimes & offences can be eradicated based on the united efforts of common people upon raising their consciousness among all these corrupted people.

Socio-economic Offences and White-collar Crime, Meaning and Definition:

The idea of socio-economic offences in India outlined in India’s 7^th law commission report is critical. Socio-economic crimes are social offences that have an impact on the health, moral, social etc. Economics offences are those that are harmful to the society’s economy and endanger not only individual money but the entire economic structure of the country.

White-collar crimes are perpetrated by members of the affluent and well-to-do classes.

In Criminology, Blue-collar crime is any crime committed by an individual from a lower social class.

Traditional Offences are those crimes that takes place physically. Crimes that take place outside the computer. While cyber-crimes that take shelter of any computing device and network to execute. Traditional crimes involve crimes such as murder, robbery, kidnapping and much more. Cyber-crimes involve such as phishing, spoofing etc.

The Santhanam Committee³on corruption established in 1964, merited recognition for his extensive investigation work and recommended report. The Committee’s name, ministers, members of parliament and state legislatures were expressly mentioned in the code of behavior for anyone in position of power, authority or trust in our society.

In India, the 29^th Law Commision⁹report recommended that the Santhanam committee report of 1964 be considered. Later in 47^th Law Commission report a new composite category of socio-economic offences were established.

The three primary types are:

Unlawful economic operations.
Illegal Commercial and related transactions.
Avoidance of public taxes or monetary responsibilities

Categories of Socio-economic Offences:

Therefor, the offences that can be categorized as socio-economic offences in the country are as follows:

Actions calculated and executed to obstruct or prevent the economic development of the country and its economic health.
Evasion of taxes
Misuse of position and power by public servants
All the offences that include breach of contract
The activities involving adulteration of foods and drugs.
All activities related to black marketing and hoarding.
Misappropriation and stealing of public property
Activities related to trafficking of the licenses, permits etc.
Want of humanistic values & their inculcation in individual lives.

Features:

Motive: Unlike traditional offences or blue-collar crime, here the motive of committing is excessive greed or desire for wealth & money mongering nature of the common people too are responsible in enhancing crimes in the country & Indian society.
Emotion: These crimes are committed for emotional whims & arrogance.
Victim: Victim is usually the state of consuming public & intensely aspiring people.
Mode of Operation: Mode of operation is fraud and not force.
Mental element: Such offences are usually deliberately and willfully.

Causes of Socio-Economic offenses:

Industrial Revolution: The evolution from agricultural based country to industrialization brought changes in the country which led to offenses changing its paces from traditional to these new ones.
World War II: Post war conditions of the countries were pathetic which led to changes in the normal working of the society. As a result, new aggressive practices gave birth to new offences.
Business: When new business started to emerge in the country, it created a sense of extreme competitiveness egoistic arrogance & malices among them.
Technology: One of the aspects which changed our country for better is also responsible for causing such offences.
Lack of Morals: As the fear of the ultimate judgement or the world beyond all humanity started to disappear people’s morals and ethics started to decline. This resulted in the increase of frauds and also greed and lust for materialistic happiness.
Laissez-Faire: The state decided to leave things as they were, and lack of public resentment resulted in grave consequences which is now noticeable in our country. Although, with proper study and attention, these crimes can be controlled in the country.

Law dealing with socio-economic offences:

For punishing the criminals related to socio-economic offences a number of acts are established.

Mens Rea in Socio-economic offences: To earn money, property or some other advantage or to hide further criminal action in the crime’s Mens Rea and intention. In the majority of white-collar crimes, several parties combine to conduct fraud. White-collar crimes can be committed by both people and business. The Indian Penal Code, 1860 includes which offences which no element of Mens Rea is required.

Conclusion and Suggestion:

In Conclusion socio-economic offences offer a significant challenge to any society’s growth. The link between the economy and crimes is inverse which means that while economic conditions are good, frequency of crime is relatively low. These categories of offences are distinguished by the capacity to disrupt a country’s economic and social structure. Therefore, In India, the government has taken several steps to reduce socio-economic crimes including adopting legislation establishing regulatory organizations and enhancing the legal system.

It is also opined that law enforcement agencies and civil society groups⁶are required to tackle socio-economic crimes effectively. By resolving these issues, India can build a more just equitable society that supports socio-economic growth for all.

Behind or at the root of every good & bad that happens in this world is man. So men as individual, first he must be righteous through proper education & congenial environ from early childhood to expect goodness of him & when grown up he must be introspective about his thought process so that he can detect his faults & correct quickly towards his proper & dynamic growth, achievements, excellence through morals & grew him against doing or supporting evils & crimes in the society either social, economical or political to ensure a crime free & peaceful society.

References

Law college of Kolkata

MIES R M Law College is one of the law colleges in south Kolkata which provides three-years LL.B degree course with top results. MIES R M Law College (Under the MIES R M Foundation Trust) has a highly qualified and competent team of faculty, enormous world-class infrastructure, and facilities most conducive to academic pursuit, along with its remarkably successful campus placements along with the best internship scope and student-friendly environment. Moreover, We take extra care for our academically poor students. This is one of The Top Law colleges in West Bengal. 3years LLB degree course is a professional degree in the law field. Nevertheless, after completion all students of MIES R M Law College can easily get certificate from West Bengal Bar Council. They all also sit and qualify for ALL India Bar Exam, Conducted by BCI, New Delhi and become the member of Bar Association.

SOCIO-ECONOMIC OFFENCES AND WHITE-COLLAR CRIME OFFERS A SIGNIFICANT CHALLENGE TO ANY SOCIETY’S GROWTH

Socio-Economic Offences and White-collar Crime

ABSTRACT