Crime, white-collar crime and

economic crime/offences
 Crime
• Sir William Blackstone in his 'Commentaries on Law of
England',
• Sir William Blackstone defined Crime as:-
• "an act committed or omitted in violation of Public Law
forbidding or commanding it“
Distinction between Tort and Crime
• Tort is a kind of Civil Wrong
• A Civil Wrong is a Private Wrong and is redressible in a Civil
Court
Distinction between Crime and Breach of Contract
• A Contract is an agreement entered into between two or more
parties/persons subject to certain terms and conditions for a
lawful consideration
 An Act/Omission can be called as Crime depends
on:-
 Place
A crime varies from place to place
 Adultery is an offence in India under Sec. 497 of IPC(recent

judgement not, by SC), but not an offence in America. It is a

Civil wrong in England
 Time

A crime also changes from time to time

 Consumption of Alcoholic drinks is a crime during

prohibition, but not in case the prohibition is lifted

 Therefore Law has JURISDICTION
 Fundamental Elements Of Crime
There are four elements which go to constitute a crime,
these are:-
· Human being (not necessary)
· Mens rea or guilty intention
· Actus reus or illegal act or omission
· Injury to another human being (not necessary)
 Stages of Crime
 There are Four stages in commission of a Crime:-
• 1.) Intention
• 2.) Preparation
• 3.) Implementation/Attempt
• 4.) Accomplishment/Commission
 Classification of crimes-
• Crimes be classified
according to the great
categories of the interest
attacked or violated, viz.:-
• --the safety of the state and
maintenance of the authority
of the government
• --the conformity to
legislative policy
• --the purity of justice and
administration
• --the maintenance of peace,
security and good order
• --the purity of sex relation
• --the ordinary or common
safety of person and
• Making the following
great classes:-
• (1.) Political offenses
• (2.) Statute violations
• (3.) Administrative
crimes
• (4.) Police offenses
• (5.) Crimes against
morality
• (6.) Common or
ordinary crimes And
• (7.) Economic
Penal law in India---Broad classification of crimes under the Indian
Penal Code (IPC)
• 1.Crimes Against Body: Murder, Its attempt, Culpable Homicide
not amounting to Murder, Kidnapping & Abduction, Hurt,
Causing Death by Negligence
• 2.Crimes Against Property: Dacoity, its preparation & assembly,
Robbery, Burglary, Theft
• 3.Crimes Against Public order: Riots, Arson
• 4.Economic Crimes: Criminal Breach of Trust, Cheating,
Counterfeiting
• 5.Crimes Against Women: Rape, Dowry Death, Cruelty by
Husband and Relatives, Molestation, Sexual harassment and
Importation of Girls
• 6.Crimes Against Children: Child Rape, Kidnapping &
Abduction of Children, Procreation of minor girls, Selling/Buying
of girls for Prostitution, Abetment to Suicide, Exposure and
Abandonment, Infanticide, Foeticide
 Offence
 Since there is no satisfactory definition of Crime,
the Indian Penal Code, 1860 uses the word 'Offence' in place of Crime
 Section 40 of the IPC defines Offence as-
an act punishable by the Code or by special law or local law

 An Offence takes place in two ways-

either by commission of an act or by omission of an act

 When a Crime is done-

any member of the public can institute proceedings against the person accused
of the offence

 Only in certain exceptional cases

the persons concerned alone can institute the criminal proceedings
Example of such crimes include-
Matrimonial cases, dowry cases, defamation etc
Crimes under the Special and Local Laws (SLL)
I.) Arms Act, 1959
II.) Narcotic Drugs & Psychotropic Substances
Act, 1985
III.) Gambling Act, 1867
IV.) Excise Act, 1944
V.) Prohibition Act
VI.) Explosives & Explosive substances Act,
1884 & 1908
VII.) Immoral Traffic (Prevention) Act, 1956
VIII.) Railways Act, 1989
IX.) Registration of Foreigners Act, 1930
X.) Protection of Civil Rights Act, 1955
XI.) Indian Passport Act, 1967;
XII.) Essential Commodities Act, 1955;
XIII.) Terrorist & Disruptive Activities Act;
XIV.) Antiquities & Art Treasures Act, 1972
XV.) Dowry Prohibition Act, 1961;
XVI.) Child Marriage Restraint Act, 1929;
XVII.) Indecent Representation of women (Prohibition
Act, 1986;
XVIII.) Copyright Act, 1957;
XIX.) Sati Prevention Act,1987;
XX.) SC/ST (Prevention of Atrocities) Act,1989
• White collar crime:-
• The phrase "white-collar crime" was coined in 1939 during a
speech given by Edwin Sutherland to the American Sociological
Society
• Sutherland defined the term as:-
• "crime committed by a person of respectability and high social
status in the course of his occupation.“
The term today generally encompasses a variety of non-violent crimes
usually committed in commercial situations for- financial gain
Many white-collar crimes are-
• Especially difficult to prosecute
• Because the perpetrators use sophisticated means to conceal their
activities
• Through a series of complex transactions
 The most common white-collar offences include:
• Antitrust violations
• computer and internet fraud
• credit card fraud
• phone and telemarketing fraud
• bankruptcy fraud
• healthcare fraud
• environmental law violations
• insurance fraud
• mail fraud
• Government fraud
• tax evasion
• financial fraud
• securities fraud
• insider trading
• bribery
• kickbacks
• counterfeiting
• public corruption
• Money laundering
• embezzlement
• economic espionage
• trade secret theft
Definition of Economic Crime
• Economic crimes refer to-
• Illegal acts committed by an individual or
• a group of individuals to obtain----
• a financial or professional advantage
• The offender’s principal motive is economic gain

• Examples of economic crimes-

• Cyber crimes, tax evasion, robbery, selling of
controlled substances, and abuses of economic aid
• OR
 Economic and financial offence
Economic offence is an offence which is committed in the
course of an economic activity for monetary gain
which affects economy directly or indirectly
• Economic and financial offences cover-
fraud, forgery and counterfeiting
offences against the legislation
governing cheques(in particular forgery or use of stolen
cheques)
forgery or use of credit cards
undeclared employment
offences against companies (such as misuse of company
assets)
 Economic Offences in India defined under various Acts are as follows:-
• Economic Crimes
• 1.)Tax Evasion
• 2.)Illicit Trafficking in
Contraband Goods (Smuggling)
• 3.)Evasion of Excise Duty
• 4.)Cultural Object’s Theft
• 5.)Money Laundering
• 6.)Foreign Contribution
Manipulations
• 7.)Land Hijacking/Real Estate
Fraud
• 8.)Trade in Human Body parts
• Acts of Legislation
• 1.) Income Tax Act,
• 2.) Customs Act 1962/ THE
CONSERVATION OF
FOREIGN EXCHANGE AND
PREVENTION OF
SMUGGLING ACTIVITIES
ACT, 1974
• 3.) Central Excise and Salt Act,
1944
• 4.) Antiquity and Art Treasures
Act, 1972
• 5.) Prevention of Money
Laundering Act, 2002
• 6.) Foreign Contribution
(Regulation) Act, 1976
• 7.) IPC
• 8.) Transplantation of Human
Organs
• 9.)Illicit Drug Trafficking
• 10.)Fraudulent Bankruptcy
• 11.)Corruption and Bribery
of Public Servants
• 12.)Bank Fraud
• 13.)Insurance Fraud
• 14.)Racketeering in
Employment
• 15.)Illegal Foreign Trade
• 16.) Racketeering in False
Travel Documents
• 9.) Narcotics Drugs and
Psychotropic Substances Act
1985 & NDPS Act, 1988
• 10.) Banking Regulation Act,
1949
• 11.) Prevention of Corruption
Act, 1988
• 12.) IPC
• 13.) IPC
• 14.) IPC
• 15.) 1mport & Export (Control)
Act, 1947
• 16.) Passport Act, 1920/IPC
• 17.)Credit Card Fraud • 17.) IPC
• 18.)Terrorists Activities • 18.) POTA-2002
• 19.)Illicit Trafficking in Arms • 19.) Arms Act, 1959
• 20.)Illicit Trafficking in • 20.) Explosives Act, 1884 &
Explosives Explosive Substance Act, 1908
• 21.) Copyright Act, 1957
• 21.)Theft of Intellectual (Amendments 1984 & 1994)
Property • 22.) Copyright Act, 1957/I.T.
Act, 2000
• 22.)Computer • 23.) IPC, SEBI Act,
Crime/Software Piracy/ • 24.) Companies Act, 1956/IPC
Cyber Law MRTP Act, 1968
• 23.)Stock Market
Manipulations
• 24.)Company Fraud
(Contraband)