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Teaching Plan

of

Socio-Economic Offences

for

B.A. LL.B. (Honours) in Criminal Law

Semester VII

Session 2021-2022

Compiled By:

Animesh Jha

Assistant Professor of Law

Table of Contents

Sr. No. Contents Page No.

1. Preface 03

2. Objectives of the Course 03

1|Page
3. Syllabus 04

4. Teaching Plan 05

5. Reference Material 07

6. List of Assignments/Projects 10

7. Important Instructions 12

2|Page
2.0 Preface/Outline of the Subject

Socio economic crimes as its name suggest are social crimes and affects the health and morals
of the public and economic crimes consist of those offences that affect the economy of the
country as a whole. These are non-conventional crimes punishable under the special laws.
Traditional crimes like theft, robbery, rape, murder etc. were more common and were dealt
with the general law of crimes.

The advancement in the sphere of technology and science resulted in the emergence of “mass
society”, where there was a group of large rank of controlling elite who encouraged the growth
of monopoly, there is a rise of managerial class also, all of which resulted in a necessity
regarding strict adherence to the high standard in relation to ethical behaviour, so that the new
processes which have emerged in the social, political and economic spheres can function
honestly, but the inability of the sections of the society to strictly adhere to these standards
resulted in the emergence of a new type of offence, i.e., white collar crime, which resulted in
difficulty of enforcement of the laws, these offences is dangerous, not only for the reason that
the financial stakes are much higher in these cases, but also for the reason of they are causing
such damage to the public morals, which is actually irreparable in nature.

Crimes like murder, robbery rape etc., are examples of grave dangers for the society but so are
these non-conventional offences socio-economic offences that slowly feeds on the social and
economic health of the whole country.

Though, the concept of white-collar crime is not that simple. It actually involves many social,
economic and legal issues, the issues having great impact in the society.

3.0 Objectives of the Course

• To enable students to understand socio-economic offences in relation to relevant laws.


• To develop research, analysis, reasoning and presentation skills in students.
• To understand Nature and Scope of Scio-Economic offences
• To study the theories of deviance
• To understand professional deviance in various fields, the laws governing and
controlling it, factors behind the same etc
• To analyze the concept of White-Collar Crimes

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• To study offences related to corruption and money laundering, relevant laws and
jurisdiction
• Understanding the causes and factors for drug abuse, legislative framework for such
offences and viability of the same.

4.0 Syllabus

Semester VII

Module I: Introduction to Socio Economic Offences

1. Concept, Evolution, Nature and Extent of ‘Socio-Economic Offences.’


2. Mens Rea, Nature of Liability, Burden of Proof and Sentencing Policy.
3. Concept of White-Collar Crimes - Sutherland’s theory of ‘Differential Association.’
4. Distinction among Socio-Economic Offences, White Collar Crimes and Traditional
Crimes.
5. The Socio-Economic Offences in India: The Santhanam Committee Report, 1964 and
the 47th Report of the Law Commission of India, 1972.

Module II: Laws related to Corruption and Money Laundry

1. Prevention of Corruption Act, 1988: Background and Need of the Act, Santhanam
Committee Report.
2. Prevention of Corruption Act, 1988: Meaning of Public Servant, Gratification,
Offences and Punishment.
3. The Prevention of Money Laundering Act, 2002: Enforcement and Attachment under
the Act.
4. The Prevention of Money Laundering Act, 2002: Authorities and Adjudication under
the Act, Preventive Mechanism.
5. The Fugitive Economic Offenders Act, 2018: Need, Application and Enforcement.

Module III: Economic Offences

1. Narcotic Drugs and Psychotropic Substance Act, 1985.


2. The Prevention of Food Adulteration Act, 1954.
3. Food Safety and Standard Act, 2006: Food Safety and Standard Regulation, 2011.
4. The Essential Commodities Act, 1955: 2020 Amendment.

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5. Offences under Income Tax Act,1961 Foreign Exchange Management Act, 1999.

Module IV: Laws related to Vulnerable Groups

1. Immoral Trafficking (Prevention) Act, 1956.


2. Protection of Civil Rights Act, 1955.
3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The Protection of Women from Domestic Violence Act, 2005.
5. Dowry Prohibition Act, 1961.

Module V: Professional Deviance

1. Medical Deviance: Unethical Practice by Doctors.


2. Police Deviance: Re-examination of Police Act.
3. Deviance by Advocates: Role of Bar Council of India.
4. Unethical Journalism: Role of Press Council of India.
5. Unethical Commission Report: Vigilance Commission and Ombudsman.

4.0 Tentative Lecture/Teaching Schedule

Sr. No. Topic Number of Lectures

Module I: Introduction to Socio-Economic offences

1. Concept, Evolution, Nature and Extent 2


of ‘Socio-Economic Offences.’

2. Mens Rea, Nature of Liability, Burden 2


of Proof and Sentencing Policy.

5|Page
3. Concept of White-Collar Crimes - 2
Sutherland’s theory of ‘Differential
Association.’

4. Distinction among Socio-Economic 2


Offences, White Collar Crimes and
Traditional Crimes.

5. The Socio-Economic Offences in 2


India: The Santhanam Committee
Report, 1964 and the 47th Report of
the Law Commission of India, 1972.

Total Lectures 10

Module II: Laws related to Corruption and Money Laundry

6. 1. Prevention of Corruption Act, 3


1988: Background and Need of
the Act, Santhanam
Committee Report.
2.

7. 1. Prevention of Corruption Act, 2


1988: Meaning of Public
Servant, Gratification,
Offences and Punishment.
2. .

8. 1. The Prevention of Money 3


Laundering Act, 2002:

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Enforcement and Attachment
under the Act.

9. 1. The Prevention of Money 3


Laundering Act, 2002:
Authorities and Adjudication
under the Act, Preventive
Mechanism.

10. The Fugitive Economic Offenders 2


Act, 2018: Need, Application and
Enforcement

Total Lectures 13

Module III: Economic Offences

11. Narcotic Drugs and Psychotropic 3


Substance Act, 1985.

12. The Prevention of Food Adulteration 3


Act, 1954.

13. Food Safety and Standard Act, 2006: 2


Food Safety and Standard Regulation,
2011.

14. The Essential Commodities Act, 1955: 2


2020 Amendment.

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15. Offences under Income Tax Act,1961 2
Foreign Exchange Management Act,
1999.

Total Lectures 12

Module IV: Laws related to Vulnerable Groups

16. Immoral Trafficking (Prevention) Act, 2


1956.

17. Protection of Civil Rights Act, 1955. 3

18. The Scheduled Castes and the 2


Scheduled Tribes (Prevention of
Atrocities) Act, 1989.

19. The Protection of Women from 2


Domestic Violence Act, 2005.

20. Dowry Prohibition Act, 1961. 4

Total Lectures 13

Module V: Professional Deviance

21. Medical Deviance: Unethical Practice 2


by Doctors.

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22. Police Deviance: Re-examination of 2
Police Act.

23. Deviance by Advocates: Role of Bar 2


Council of India.

24. Unethical Journalism: Role of Press 2


Council of India.

25. Unethical Commission Report: 2


Vigilance Commission and
Ombudsman
Total Lectures 12

Total Lectures Proposed to be delivered: 60

5.0 Reference Material

5.1 Module I:

• Barners and Teeters: New Horizens in Criminology (3rd ed.), Prentice Hall, New Delhi,
1966
• Quoted by: Mahesh Chandra: Socio-Economic Crimes, N.M. Tripathi, Bombay, 1979
• Sutherland: White Collar Crimes, Holt, Rinehart and Winston, New York, 1949
• Quoted by Bipan Chandra: Modern India
• Santhanam Committee Report, (The Committee was appointed by Central Government,
in 1962), Government of India.
• Law commission of India (47th Report) on Socio-Economic Offences.
• R.K. Tawney, as quoted by Gilbert Gers and Robert F. Meier, White-Collar Crime:
offences in Business politics and the Professions (The Free Press, N.4, 1977).
• Elmer Hubert Jonson, as quoted by Ahmed Sadique, Criminology: Problems and
Perspectives (4th ed., Eastern Book Company, Lucknow, 1997).

5.2

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5.3 Module III:

• 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.
• Interpol General Secretariat Assembly in 1995 http://www.interpol.int/Crime-
areas/Financial-crime/Moneylaundering
• David A. Chaikin “Investigating Criminal & Corporate Money Trails”. in The Money
Laundering and Cash Transaction Reporting edited by Brent Fisse, David Fraser and
Graeme Coss. North Ryde, NSW: Law Book Co. (1992)
• C. Satapathy, Money Laundering: New Moves to Combat Terrorism, Economic and
Political Weekly, Vol. 38, No. 7 (Feb. 15-21, 2003)
• Abdul Karim Telgi and Sohail Khan vs. Union of India, through CBI, 2014(2)JLJ136
• Pareena Swarup Vs. Union Of India (2008) 14 Scc 107
• Arun Kumar Mishra Vs. Directorate Of Enforcement High Court Of Delhi (2015)

5.4 Module IV:

• Narcotic Drugs and Psychotropic Substances Act, 1985


• The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,
1988
• Narcotic Drugs and Psychotropic Substances Rules, 1985
• Single Convention on Narcotic Drugs, 1961
• Convention on Psychotropic Substances, 1971
• United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
• Substances, 1988
• SAARC Convention on Narcotic Drugs and Psychotropic Substances, 1993
• Dr. M.C. Mehanathan, Law on Control of Narcotic Drugs and Psychotropic Substances
in India, 3 rd edition, 2015 LexisNexis.

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• Dr. J.N. Barowalia, Commentary on the Narcotic Drugs and Psychotropic Substances
Act, 2nd edition, 2014 Universal Law Publishing Ltd.
• Surendra Malik and Sudeep Malik, Supreme Court on Narcotics and Drugs with the
NDPS Act and Rules, 2nd edition, 2016, Eastern Book Company.

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

• Harjit Singh vs. State of Punjab (2011) 4 SCC 441 37


• Indian Harm Reduction Network vs. Union of India 2012 Bom C R (Cri) 121 42
• Karnail Singh vs. State of Haryana, (2009) 8 SCC 539 74
• Vijaysinh Chandubha Jadeja vs. State of Gujarat (2011) 1 SCC 609
• Union of India vs. Mohanlal & Anr (2016) 3 SCC 379 96

THE PREVENTION OF CORRUPTION ACT, 1988

• Kalicharan Mahapatra v. State of Orissa, AIR 1998 SC 2595


• Kanwarjit Singh Kakkar v. State Of Punjab, (2011) 6 S.C.R. 895
• Abhay Singh Chautala v. C.B.I, (2011) 7 SCC 141

THE PREVENTION OF MONEY-LAUNDERING ACT, 2002

• Ram Jethmalani v. Union of India, (2011) 9 SCC 761


• Binod Kumar v. State of Jharkhand & Ors, (2011) 11 SCC 463
• B. Ramaraju v. Union of India, W.P. No. 10765 of High Court of A.P. 2011 (164)
Company Case 149
Module V:
• Deviance and Medicalization: From Badness to Sickness by PETER
CONRAD, JOSEPH W. SCHNEIDER, Temple University Press (1992)
• Police Brutality by Marshall Miller: Yale Law & Policy Review, Vol. 17, No. 1 (1998),
pp. 149-200
• The path forward: improving the dynamics of community-police relationships to
achieve effective law enforcement policies by Tracey L. Meares: Columbia Law
Review, Vol. 117, No. 5 (JUNE 2017), pp. 1355-1368
• Report on Police Accountability in India By G.P.Joshi, Programme Coordinator,
Commonwealth Human Rights Initiaitve, New Delhi

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• S. Dhillon, Defenders of the Establishment, Indian Institute of Advanced Study, Shimla,
1998
• Report of Shah Commission of Inquiry, 1978
• The Police Act, 1861
• The Declaration Of Istanbul On Organ Trafficking And Transplant Tourism:
• Indian Legal Regime:
• The Transplantation of Human Organs Act, 1994
• Offences And Penalties Under The Transplantation Of Human Organs (Amendment)
Act, 2011
• National Organ And Tissue Transplant Organization (NOTTO)
• Indian Medical Councils Act, 1956 and Indian Medical Council (Professional conduct,
Etiquette and Ethics) Regulations, 2002
• White-Collar and Corporate Crime: A Documentary and Reference Guide By Gilbert
Geis:Greenwood, 2011
• Khan, A. (2013).White Collar Crime-Study of Emerging India.2013.M.D University.
• Advocates Act, 1961
• rules of Bar Council of India
• In re D.C. Saxena, AIR 1966 SC 2481

• P. Sales Tax Service Association v Taxation Bar Association, AIR 1996 SC 1384

• Rizwan-Ul-Hassan v. State of U.P. AIR 1953 SC 250.

6.0 List of Project Topics

Enrollment
S.No. Name of Student Tentative Topic
No.
1 Aaditya Kashyap BAL/001/18 Sutherland’s Theory of White-Collar Crime

2 Ajay Prajapati BAL/009/18 Characteristics of Socio-Economic Offences

3 Aman Usmani BAL/010/18 Traditional Crimes v. Socio Economic Offences

4 Ankur Shah BAL/012/18 Mens Rea in Socio Economic Offences

5 Annapurna Nahar BAL/014/18 Analysis of Santhanam Committee Report


Law Commission Report on Socio Economic
6 Anoop Kumar Bardiya BAL/015/18
Offences
Analysis of Offences under Prevention of
7 Anoop Singh Rajput BAL/016/18
Corruption Act
Meaning of Public Servant under Prevention of
8 Anushka Shrivastava BAL/018/18
Corruption Act.

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9 Ashutosh BAL/021/18 Analysis of Money Laundering Act.

10 Balram Jat BAL/025/18 Analysis of The Fugitive Economic Offender Act.

11 Gaurav Dauneria BAL/033/18 Power and Functions of Enforcement Directorate.

12 Harshit Rathore BAL/034/18 Analysis of NDPS Act.

13 Himanshu Chhangani BAL/035/18 Burden of Proof and Adjudication under NDPS Act.

14 Hrithik Jatwa BAL/037/18 Analysis of offences Food Adulteration Act.


Analysis of offences under Essential Commodities
15 Ishita Shrivastava BAL/041/18
Act.
Analysis of offences under Drugs and Cosmetics
16 K.Devkaran BAL/044/18
Act.
Analysis of Offences under Food Safety and
17 Khushi Bagga BAL/048/18
Standards Act.
18 Kritika Choudhary BAL/051/18 Analysis of Offences under Income Tac Act.

19 Lav Vyas BAL/052/18 Analysis of Offences under FERA.

20 Mansi Chhalotre BAL/053/18 Analysis of Protection of Civil Rights Act.


Analysis of Offences under SC ST (Prevention of
21 Nayan Katariya BAL/057/18
Atrocities) Act.
Offences under Prevention of Immoral Trafficking
22 Niharika Arya BAL/058/18
Act.
Laws related to Trafficking, Slavery and Forced
23 Nilesh Kumar BAL/059/18
labour under IPC.
24 Nitin Soni BAL/061/18 Analysis of offences under PC PNDT Act.
Analysis of offences under Transplantation of
25 Prateek Yadav BAL/071/18
Human Organs Act.
26 Raghav Parashar BAL/074/18 Analysis of Domestic Violence Act.

27 Ram Tiwari BAL/076/18 Analysis of Dowry Prohibition Act.

28 Rohit Kumar Parteti BAL/083/18 Power and Function of Vigilance Commission

29 Rupal Yadav BAL/084/18 Ombudsman in India

30 Rupesh Bansod BAL/085/18 Professional Deviance of Journalists

31 Saloni Singh BAL/087/18 Police Brutality and Custodial Violence in India


Analysis of Offences under Weights and Measures
32 Santwana Sachan BAL/091/18
Act.
33 Shubham Saxena BAL/100/18 Professional Deviance by Doctors in India

34 Somya Agrawal BAL/102/18 Professional Deviance of Advocates.

35 Swapnil Pal BAL/109/18 Unethical Commission Report


Professional Deviance by Accountants and Auditors
36 Swati Dehariya BAL/111/18
in India
37 Vartika Agarwal BAL/114/18 Offences under Copyright Act.

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Offences related to Obscenity and Indecent
38 Yashasvi Mujalde BAL/119/18
Representation of Women Act.

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Research Methodology

The student should submit the research methodology for approval at the time of consultation
which should include the following:

a) Research Problem
b) Objectives of the research
c) Hypothesis
d) Literature Review
e) Research Questions
f) Scope and Limitation
g) Research Methodology

2. Submission of Final Project


a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both
sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 20th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.

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3. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned

4. The student shall indicate clearly and extensively in his/her project the source from
which referred information is taken;
5. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Turnitin/Urukund). The report produced by the
software will necessarily be as per the standards prescribed by the university. If the
report is below standards the supervisor may reject the project and award zero marks.

7.0 Instructions to Students

Instructions
a) All students shall carry bare act.
b) Students are expected to read the concerned session’s contents in advance before
coming to the class.
c) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion,
current practices, examples, problem solving activities and presentations etc.
d) All schedules/announcements must be strictly adhered to.
e) The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session
f) The list of judgments in modules is only illustrative and new judgements may be added
to it during class-room discussion
g) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will
lose the marks.

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Course Teacher/Teachers

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