WHITE COLLAR CRIME

INTRODUCTION:

White-collar crime is that crime which is committed by the educated people in an organized sector, or any politicians, or educated persons, who all are belonging to the higher class of society during their occupation. This crime also called the crime of educated and professional elites.

There are common types of white collar crimes in India from the last few years and how this has become a socio-economic crime. There are some white collar crimes which are involved in the different profession as like in the medical profession, legal profession and education profession.

White collar crime is crimes committed by the person who belongs to the higher class of society and is from a reputable group of society. This crime is committed during the course of their occupation. The people who are committing this crime have usually a better understanding of technology in their respective fields, disciplines, etc. the crimes are largely involved from few years. And they are seen to be committed in large organizations that cover a large number of activities. These crimes are common to trade, commerce, education, health, etc. In a few years, as the criminal profile has changed a lot. The traditional crimes have partially switched by the white collar crimes in India. The difference between the white collar crime and blue collar crime is that the ordinary i.e. the criminals of blue crime are people of the under-privileged section and the upper class is involved in white collar crime and they commit the crime in a very organized manner. They maintain their respect, image & dignity in the society until the crime is discovered.

White Collar and Blue Collar Crimes: Differentiation

1. The criminals of white collar crime are relatively more intelligent, smart and are committed by successful men of the higher class than the ordinary criminals.
2. The White collar crimes are difficult to detect and not at all personal. Instead of this, ordinary crimes are direct and personal. To commit crime, they involve violent methods like using force.
3. The white collar criminals are not at all afraid of the law agencies because of the fact that if they got detected they will be fined or transferred or the maximum that they will get short-term imprisonment and also they would easily get released because of their power in the organization and society. But against this blue collar criminals are usually afraid of the law agencies after committing the crime.
4. The economic loss in white collar crime is a thousand times higher than that of ordinary crimes. All the financial loss, which the society has to bear, is always higher in white collar crimes than the ordinary crimes committed by the low-social standard people.
5. White collar crime is very well planned and as executed and committed out of greed. The ordinary crimes are usually committed out of rage, revenge and other emotions.
6. In white collar crime harm is caused to the casualties or cash but harm is physical in case of blue collar crime.

Common Types of White Collar Crime in India:

• Bank Fraud
• Blackmail
• Bribery
• Forgery
• Cybercrime
  Common examples of Cybercrime: 1. Hacking 2. Child pornography 3. Copyright infringement    4. Cyber terrorism 5. Cyberstalking
• Money Laundering
• Tax Evasion
• Identity Theft

WHITE COLLAR CRIME IN DIFFERENT PROFESSIONS:

In Medical And Health:

1. Doctors make false medical certificates.
2. In order to increase the bill of the patients, doctors assure the fake and intended to prolong the treatment.
3. Sex discrimination of the child by the doctors on the compulsion of the patient to gain money.
4. Delaying of time by doctors to increase the amount of money in the bills.
5. The sale of the sample of medicines which are not allowed to the chemists.

In the Legal Profession:

1. Fabrication of forged documents.
2. Threatening the other party witnesses.
3. To gain money, the violation of the ethical standard of the legal profession.

In Education:

1. Collecting huge sums of money in the name of donations by students in order to give them admission.
2. The admission on merit-based is replaced by donations.
3. Collect huge amount of money in the name of Government grants.

Legislations against the White Collar Crime in India:

The government has made various legislation for identifying white collar crime. This legislation contains punishment regarding these crimes.

# 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

CONCLUSIONS AND SUGGESTIONS:

White collar crimes cause harm to the economy of the country as a whole. It threatens the country’s economy by bank fraud, economic thefts, evasion of tax, etc. It not only affects the financial status of a country or a person but it has also a negative impact on society. The various white collar crimes have affected society in a negative way such as bribery, corruption, money laundering.

Punishments:

• Punishment regarding White collar crime should be stricter as harsh punishment can prevent these crimes to a great extent.
• If the crime is very heinous the punishment might also be extended to life imprisonment.
• People are not aware of most of these crimes so public awareness through any communication medium is also necessary.
• The government should impose strict regulations regarding economic thefts of the country.

-By Parita Kaushik, Advocate 

(Associate with Law Offices of Kr. Vivek Tanwar Advocate & Associates)