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  Authors

Atul Harit

  Keywords

Invisible, non-violent, organised crime, money laundering, corporate crime

  Abstract


The Indian Penal Code, 1860 (IPC) is the primary legislation in India enumerating general criminal offences and prescribing punishment. the word "white collar crime" was coined by the American criminologist & sociologist Edwin Hardin Sutherland during the 1930s. These crimes are committed to satisfying financial motive, and the perpetrators are generally wealthy, educated and from a high-class society. A few prime examples are money laundering, insurance fraud, tax evasion, identity theft etc. White-collar crimes are on the rise in economically developing nations. Its nature although is non- violent, however, the perpetrators of these crimes can cause more harm to the society at large. White collar crime is not visible and non-violent in many different respects. Offences are typically not revealed within occupational and organisational routines are therefore it is difficult to detect the victims' observers or law enforcers and therefore few offenders are tried and sentenced in open court. White collar crime is absent from public and academic discussions of Crime and criminal policy. The main objective of this Article is to expose the extent impact and failure to fully criminalise the crimes of the 'powerful'. The main purpose this crime is to obtain money and property avoid losing existing property or gain a personal or commercial advantage. White collar crime even includes organisational crimes. At the end of the day, it can be clearly said that white collar crime causes much bigger crimes. This Article has given stress on precautionary measures to detect and prevent white collar crime Cognisable offences refer to offences in which a police officer can arrest a person without obtaining permission/a warrant from a court and are usually serious in nature. In respect of a non-cognisable offence, a police officer cannot arrest a person without obtaining permission from court. These are offences which are less serious in nature, as they are punishable with less than two years of imprisonment. Bailable offences refer to offences where an arrested person can seek bail (release from custody) from the police officer or the jurisdictional court as a matter of right, on presentation of a bail bond/undertaking, as prescribed by the arresting officer or court to secure his/her presence in future. Typically, offences which prescribe punishment of up to three years or less are bailable and non-cognisable. In non-bailable offences, an arrested person cannot seek bail as a matter of right and must apply to the jurisdiction court for bail and release from custody. This is a separate classification of offences which in some cases can be settled between the complainant and the alleged offender. The CrPC identifies the offences that can be compounded. The CrPC prescribes various methods for compounding, with or without involvement of court. There are certain offences that can be compounded only with the permission of the court. Serious offences and certain socio-economic offences are non-compoundable, though constitutional courts in India have powers to quash proceedings even in respect of non-compoundable offences in certain cases - i.e., if the same is in the interests of justice or prevents an abuse of process. White-collar crime has become a significant concern globally, impacting businesses, investors, and consumers alike. This comprehensive article delves into the various aspects of white-collar crime, including its definition, types, psychological factors, and notable cases from around the world, with a special focus on the UK, USA, Canada, and India. The article examines the economic and non-economic costs associated with white-collar crime and discusses the roles of regulatory agencies and legal frameworks in detecting and preventing these offences. It also highlights the importance of corporate governance, ethical leadership, and transparency in creating an environment where white-collar crime is less likely to thrive. Furthermore, the article compares white-collar crime in the UK, USA, Canada, and India, exploring the similarities and differences in their legal frameworks, enforcement strategies, and corporate governance practices. It also identifies unique challenges faced by each country in combating white-collar crime and opportunities for cross-border collaboration and learning. Finally, the article offers a range of suggestions for individuals, businesses, and policymakers to effectively address white-collar crime, including strengthening regulatory frameworks, enhancing inter-agency cooperation, promoting ethics and compliance training, empowering whistleblowers, and leveraging technology. By providing a comprehensive and global perspective on white-collar crime, this article aims to raise awareness of the risks and consequences associated with these offences and encourage a proactive approach to detection, prevention, and prosecution.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2409559

  Paper ID - 269567

  Author type - Indian Author

  Page Number(s) - f25-f33

  Pubished in - Volume 12 | Issue 9 | September 2024

  DOI (Digital Object Identifier) -    http://doi.one/10.1729/Journal.41655

  No Of Downloads - 165

  Author Country - India, 247664, Roorkee, Roorkee, 247664, Others area

  Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Published Paper PDF : - http://www.ijcrt.org/papers/IJCRT2409559

  Published Paper URL: : - http://ijcrt.org/viewfull.php?&p_id=IJCRT2409559

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  Cite this article

Atul Harit,   "White Collar Crime International Prospective with Reference to India, & UK", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 9, pp.f25-f33, September 2024, Available at :http://www.ijcrt.org/papers/IJCRT2409559.pdf

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