RM Presentation on Socio Economic Offences in India

Definition of Socio-Economic Offences
Socio-economic offences are violations of regulations and laws that govern economic and social activities. These crimes often involve dishonest or illegal methods to pursue financial gain. Examples include fraud, money laundering, tax fraud, bribery, embezzlement, insider trading and corruption.

These offences can have a significant impact on society, leading to economic insecurity, loss of public trust and undermining of political structures. To prevent and punish socio-economic offences, effective regulatory monitoring, strong legal frameworks and rigorous enforcement processes are essential. Governments and regulatory agencies need to implement policies that promote transparency, honesty and good governance in all economic and social activities.

Features of Socio-Economic Offences
Socio-economic offences are characterised by several distinctive features:

Motive: Perpetrators are typically motivated by extreme greed or a desire for riches, unlike traditional crimes driven by emotional reasons.
Emotion: These offences lack an emotional basis; there is often no relationship between the victim and the perpetrator.
Target victim: Victims are often the state or groups of individuals, such as consumers, shareholders or holders of other assets.
Mode of operation: Deception is the primary method used, rather than coercion.
Mental element: Offences are generally committed knowingly and intentionally.
Protected interest: These offences jeopardise the property, money, health of individuals and national resources, as well as the broader economic system. They undermine the social interest in preserving wealth and implementing rules governing taxes, foreign exchanges and international business.
Causes of socio-economic offences
Socio-economic offences arise from various factors:

Industrial Revolution: The shift from agrarian to industrial societies created new opportunities and challenges, leading to the emergence of new types of offences.
Post-World War II Conditions: The aftermath of the war disrupted societal norms, leading to changes in behaviour and the emergence of new criminal practices.
Business Competition: Intense competition among businesses can drive unethical behaviour and the commission of offences to gain a competitive edge.
Technological Advancements: While technology brings progress, it can also contribute to socio-economic offences by eroding traditional values and beliefs.
Decline in Morality: The erosion of moral values can lead to an increase in deceptive practices and greed for material gain.
Laissez-faire Policies: Policies that promote non-interference can create environments where socio-economic offences thrive due to lack of regulation and oversight.
Absence of Strong Public Outcry: Without strong public outrage and coordinated efforts to address socio-economic issues, these offences can continue unchecked.
Different Types of Socio-Economic Offences in India
Socio-economic offences in India

1. Research Methods and Legal Writing Seminar Name: Shefali Jha PRN: 24010241030 Batch: LLM 2024-2025 Topic: Socio-Economic Offences in India

2. INTRODUCTION A number of offences have been prevailing in the society for a long time. Offences are the illegal actions resulting from the breach of law. These offences can be classified into two main categories namely, ( i ) conventional offences and (ii) non- conventional offences. Conventional Offences consist of Mens Rea. For e.g., murder, theft, rape etc. Non- Conventional Offences do not contain Mens Rea. White collar crimes, socio economic offences, organised crimes, etc. are a few examples of non-conventional crime.  Socio- economic crimes are many a time used as a synonym for white collar crimes. But extensive study states that the former is a broader term. White collar crimes are the crimes committed by people belonging to upper caste and rich backgrounds. Whereas a socio- economic offence can be committed by anybody. For e.g., a big wealthy entrepreneur or a multi-national company, guilty for tax evasion and a middle class pensioner depositing false return. Both are examples of socio-economic crimes, but only the former can be considered as a white collar crime. 

3. Brief History The growth of socio-economic offences in India can be traced after the world war, when there was scarcity of essential things, resulting in increased demand of such things and the businessmen becoming greedy. After freedom and partition, due to lack of good legal and administrative control, this problem increased. After urbanization, such offences became rampant and Government started to recognize these problems and appointed different committees to investigate the issue and tried to control situation by implementing such measures. The idea of socio-economic offences in India was framed in 29th Law Commission Report. Later in 47th Law Commission Report, a new composite category of socio-economic offences was established. These include unlawful economic operations, illegal commercial and related transactions, avoidance of public taxes or monetary responsibilities.

4. Different Types of Socio-Economic Offences: Tax Evasion Misuse of Public office Breach of Contracts and Specifications Hoarding and Black Marketing Adulteration of Food and Drugs Theft and Misappropriation of Public Property Trafficking in Licenses and Permits

5. Literature Review Title/Year Author(s) Objective Methodology Findings Treatise on Economic & Social Offences (2010) Dr. B.K. Sharma and Dr. Vijay It provides an authoritative account and analysis of the growing intersection of socio-economic offences laws. Used Qualitative analysis, policy review, interview The various laws which touch every field relating to dowry, drugs, essential commodities, adulteration, foreign exchange, corruption, castism , and indecent representation of women have been exhaustively dealt with. Socio-Economic Offences Laws (2011) Manish Mahajan It approaches to improve of the provision of law, determining them as being too much concerned with unsuitable community crimes or in connection with code of procedure. Used Qualitative analysis It debates that the systematic infusion is an modified kind of legal support as a sort of welfare position sake and more united public services focusing on demanding justice for the citizen. White Collar Crimes in India G. Nagarajan, Dr. J. Khaja Sheriff To define white collar crime, study its historical development and formulate tentative solutions for eradicating the problem Used Historical, analytical comparative and quantitative method A detailed understanding behind the motives of people committing crimes and to find loopholes in the judiciary and support from government indirectly

6. White-Collar Criminality Edwin H. Sutherland To describe crime in relation to business and present a genetic explanation of white-collar criminals and lower-class criminals. Used Qualitative Research Methodology The authors challenge the traditional definitions of crime by asserting that white-collar crime is as significant as lower-class crime. They argue that white-collar criminality is real criminality, as it involves violations of criminal law, thus broadening the scope of what constitutes criminal behavior. Socio-Economic Offences in India Rattan Singh, Virender Singh To present socio legal analysis of these law and not to stress the sections or sub-sections of law that deal with socio economic offences in India. Used Mixed Method Research Methodology It aims at providing the different visions of the authors throughout India.

7. Research Objectives To find out the Legal strength in protecting socio-economic crimes. To find out the role of Judiciary, legislature and society as a whole in preventing socio-economic crimes. To find out the solutions and make proper suggestions for how to fight with the increasing threat of socio-economic crimes.

8. Research Methodology The researcher in this work relies mainly on the Doctrinal Method of research, which involves collecting data from secondary sources. The researcher has mainly depend on secondary sources such as books, Commentaries, and articles found in Journals, magazines, periodicals, newspaper reviews and websites.

9. FINDINGS CRIME ALL INDIA CITIES CITY PERCENT Murder 28,522 2,031 7.12 Kidnapping and Abduction 1,07,588 13,984 12.99 Offences Against Public Tranquillity 57,082 3,457 6.05 Crime Against Women 4,45,256 48,755 10.94 Crime Against Children 1,62,449 20,550 12.65 Crime Against Senior Citizens 28,545 3,996 13.99 Economic Offences 1,93,385 40,760 21.07 Cybercrime 65,893 24,420 37.06 Offences Against Property 8,39,252 2,76,830 32.98

10. According to the 2023 report, Delhi exceeds all other cities studied in terms of the crime rate, at 1832.6, which is 3.36 times the national city average of 544. Jaipur (916.7), Indore (767.7), Kochi (626.7), and Patna (611.7) have the next highest crime rates. Kolkata is the most peaceful city, with a low crime rate of 78.2. Additionally, Chennai (211.2), Coimbatore (211.2), Surat (215.3), Pune (219.3), Hyderabad (266.7), Bengaluru (337.3), Ahmedabad (360.1), Mumbai (367.3), Kozhikode (397.5), Kanpur (401.4), Ghaziabad (418.0), Nagpur (516), and Lucknow (521) have crime rates lower than the national city average. In the area of economic offences, 40,760 cases were registered in the 19 metropolitan cities, a jump of 15.8 percent over 2021. Of these, 88.4 percent of cases were of forgery, cheating, and fraud, with the 19 cities responsible for 21.07 percent of all such cases recorded countrywide. Additionally, the 19 cities recorded 37.06 percent of all cybercrimes in India, with a total of 24,420 cases registered. Notably, the performance of India’s criminal justice system was found to be lacking. The conviction rate for major heinous crimes was poor: for murder, it was 42.5 percent; for rape, 17.9 percent; and for kidnapping and abduction, it was 38.6 percent.

11. Conclusion/Suggestion Socioeconomic offenses can have a significant impact on society. Measures such as: Increasing awareness and enforcing laws can help keep check on these offenses. Providing education and training to people can help prevent socioeconomic offenses. People should be made aware about the consequences of such offenses. Proper education and training should be provided to the public to improve their economic conditions. Policies need to be framed for promoting ethical business practices. Further steps like creating new laws or amending existing ones, increasing penalties for those who commit such offenses, and improving the efficiency of the legal system can be done to ensure that justice is served. Media can also play an important role in curbing such offences by bringing true picture of these incidents into light

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