A PROJECT REPORT ON

WHITE COLLAR CRIMES AND LAWS RELATED TO IT:

A CRITICAL ANALYSIS OF INDIAN PERSPECTIVE.

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR (C.G.)

SUBMITTED TO: - MR. SANDEEP SUMAN SIR

FACULTY- Criminology and Penology (Optional)

SUBMITTED BY: - ABHINAV K SHUKLA

SEMESTER IX
ROLL NO. 03
BATCH XII
B.A. LL.B. (HONS.)
DATE OF SUBMISSION: 26.10.2016

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 ACKNOWLEDGEMENTS

I, Abhinav K Shukla, feel myself highly elated, as it gives me tremendous pleasure to come
out with the work on the topic White Collar Crimes and laws related to it: A critical
analysis of Indian Perspective. and would like to thank the faculty member for giving me a
topic that finds its relation with one of the most controversial issue of the present times in
India.
First and foremost, I take this opportunity to thank Mr. Sandeep Suman Sir, Faculty
member, Hidayatullah National Law University, Raipur for allotting me such topic to work
on. He has been very kind in providing inputs for this work, by way of his lectures and
suggestions.

I would also like to thank my dear colleagues and friends in the University, who have
helped me with ideas about this work.

Last, but not the least I thank the University Administration for equipping the
University with such library and IT facilities, without which, no doubt this work would not
have taken this shape in correct time.

THANKING YOU!

ABHINAV K SHUKLA

ROLL NO.03, SEMESTER IX,

BATCH XII.

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 TABLE OF CONTENTS

Acknowledgements02

Table of Contents..03

List of Acronyms and Abbreviations.04

Objectives...05

Research Methodology.05

- Objectives...05
- Scope of Research..05

INTRODUCTION......06

CHAPTER- I: CONCEPT OF WHITE COLLAR CRIME

Origin...08
History.09
Meaning. .....10
Views and Types......11

CHAPTER- II: WHITE COLLAR CRIME WITH REFERENCE TO INDIA..............13

CHAPTER- III: UNETHICAL CONDUCT AND DETECTION OF WHITE

COLLAR CRIME..15

REASONS FOR GROWTH IN INDIA...............................................................................18

CHAPTER- IV:

Impact..20
Personal views.20
Remedial. ...23

CHAPTER- V:

Challenges to the Judicial System....24

A Call to the Public..25
Mens-Rea vis-a-vis White-collar crime...25
Laws related to it in IPC, 1860.....................................................................................27
Appropriate punishment for White-collar crimes27

CONCLUSION...31

BIBLIOGRAPHY......32

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 LIST OF ABBREVIATIONS & ACRONYMS

BOD : Block Development Officers

Bom : Bombay

Cal : Calcutta

ed. : Edition

Id. : Ibid/ Iridium

MLA : Member of Legislative Assembly

MP : Madhya Pradesh

MP : Member of Parliament

NGOs : Non-Governmental Organisations

SC : Scheduled Casts

SC : Supreme Court

ST : Scheduled Tribes

Supra : From the same footnote

ULB : Urban Local Bodies

VLM : Village Level Workers

Vol. : Volume

w.e.f. : With effective from

www : World wide web

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 RESEARCH METHODOLOGY

Research is a systematized effort to gain new knowledge.

-Redman and Mory.

The method adopted for this work was analytical in nature based on empirical and
non-empirical sources.

Constitutional provisions, Legislative enactments, books, reports, journals, news and

other reference have been primarily helpful in giving this work a firm structure. Websites,
dictionaries and web articles have also been referred.

Footnotes have been provided wherever needed, either to acknowledge the source or
to point to a particular provision of law. Uniform Bluebook (19th ed.) citation format has
been followed for footnoting.

OBJECTIVES

The work deals with the topic White Collar Crimes and laws related to it: A critical
analysis of Indian Perspective.. The objectives of the work are the followings:-

1) To study the meaning of White Collar Crimes.

2) To analyze such crimes with reference to India.
3) To study the laws related to it.
4) To study the effects and impact of such crimes.

SCOPE OF RESEARCH

The nature of my study would be doctrinal, i.e. along with referring the case laws the
researcher has referred different sources such as net, newspaper, journals reports, and articles.
The scope of my study is limited mainly to India. The researcher will try his best to answer
the research problem by confining itself to the aforesaid defined scope.

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 INTRODUCTION

White Collar Crime is a relatively new addition to criminal science1. In the present world we
the people live in societies. The strata of the society2 vary from upper class to lower class. A
society is a place consisting of various kinds of groups of people where some belongs to high
class or upper class, who are very rich or are the officials appointed or are the administrative
persons who are respected by virtue of their position in the social life. Whereas others
belongs to lower class in comparison to the former consisting of poor people or lower middle
class person or such person who have no power or authority to rule in any phase of society.
When a crime is committed by the former class that is the person comprising higher or upper
strata of society, called as white collar crime.

White collar crime is also referred as occupational crime by Sutherland as these crimes refers
to those illegal activities that occur in connection with a persons job or work.

Now the question arises what is crime? Its answer is very simple and logical but difficult to
define. In very simple language Crime is a behaviour prohibited by Law.

White collar crimes are the crimes committed by a person of respectability and high social
status into the course of his occupation. Thus simply stating white collar crimes are those
crimes which are committed by the person having higher social status in their society by
virtue of their social position and are committed by the same in the course of their
Occupation. Such persons are are educated, intelligent, affluent, confident individuals, who
are qualified enough to get a job which allows them the unmonitored access to often large
sums of money. Some of the examples of these crimes are corruption, bribery, also white
collar crimes are also having nexus in medical profession where a doctor or a surgeon
commits such crime which the author has discussed later in his project work.
Misrepresentation through fraudulent advertisements, infringements of patents, copyrights
and trade-marks, concealment of defects in commodity for sale, etc.

1
Clinard Marshall, B, International Encyclopedia of the social sciences, Vol. 3, p. 483 (1968).
2
In sociology the social stratification is a concept of class, involving the "classification of persons into groups
based on shared socio-economic conditions, a relational set of inequalities with economic, social, political and
ideological dimensions.

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 WHITE COLLAR CRIMES- ORIGIN, HISTORY, MEANING, VIEWS AND TYPES

[A]. ORIGIN- Edwin Sutherland for first time coined the term White-Collar crime in his
address to the American Sociological society in 1939. The whole address was aimed to
shatter the conventional and stereotyped images of the criminals as grown and brought up on
the dark side of a town, and the belief that the epicenter of the overall Crime problem was
that of the lower Strata of the society.3 The introduction of white-collar crime was a
relatively new issue to criminology and sociology at that time.

According to Sutherland- white collar crimes are crimes committed by a person of

respectability and high social status into the course of his occupation. But very soon he
modified his earlier definition of such crime by stating that white collar crimes are crimes
committed by a person of the upper socio-economic class who violates the criminal law in the
course of his occupational activities and Professional activities

Sutherland noted that in his time, "less than two percent of the persons committed to prisons
in a year belong to the upper class, his goal was to prove a relation between money, social
status, and likelihood of going to jail for a white-collar crime, compared to more visible,
typical crimes.

Sutherlands study of white collar crime was driven by the view that criminology and
criminologist had incorrectly focused on social and economically backward classes as the
only criminals indulging in activities like arson, burglary, theft, assault, rape and vandalism
by concentrating only on low family background and decreased level of wealth. Sutherland
was of a view that, crime is committed at every level of society including of widely divergent
socio-economic backgrounds. In particular, according to Sutherland, crime is often
committed by persons operating through large and powerful organizations. White collar
crime, as Sutherland concluded, has a greatly underestimated impact upon our society.4

Much of Sutherlands work was focused at separating and defining the differences in blue
collar street crimes such as murder, burglary, theft, assault, rape, arson, vandalism, so on and
so forth which are often blamed on psychological, associational, and structural factors.
Instead, he evaluated that white-collar criminals are opportunists, who over time look for the

3
http://jurisonline.in/2011/02/white-collar-crimes-in-india (Visited at 17 February 2016)
4
http://airwebworld.com/articles/index.php?article=1104 (Visited at 14 February 2016)

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opportunity to take advantage of their circumstances to accumulate financial gain. They are
educated, intelligent, affluent, confident individuals, who were qualified enough to get a job
which allows them the unmonitored access to often large sums of money. Many also use their
intelligence to con their victims into believing and trusting in their credentials.5

[B]. HISTORICAL BACKGROUND- The earliest documented case of white-collar crime law
dates back to 15th century England. There has been a case popularly known as the Carriers
case of 1473, where the agent was entrusted to transport wool and he attempted to steal some
of it for him. Therefore the Star Chamber and Exchequer Chamber of the English Court of
Law adopted the breaking bulk doctrine as it constituted the crime of larceny (theft or
robbery).

Later in 18th century the concept of industrial capitalism6 brought about a severe change in
the mind and attitude of the people. Accumulating money by the capitalist persons (who
were in a position to dominate over the will of the others) at the cost of others became their
sole goal. With this began the cat fight of grabbing money by hook or by crook. Capitalists
exploited the bourgeoisies and made them indulge in work for many hours without any break
and even then, the lower class was not paid a minimum required capital wage.

Britain, among the other European countries, played the nastiest game in acquiring wealth
giving up all the ethics and morals they ever had. They made wealth by looting their colonies
and adopting the devastating barbaric method in doing it. There can be no denial of the fact
the very structure of the industrial capitalism is built of crimes and criminality. Therefore, as
being discussed, the birth of white collar crimes took place the Industrial Revolution in
Western industrial societies which led a vast impact all throughout the globe. However, it is
to be understood that the greed of making money by the people of the upper class was not
confined within the boundaries of Europe. The Industrial revolution threw a global impact
whereby worldwide people indulged in making money.

There were passed many anti-trust laws or anti competition laws to curb all those corruption
or competition by various nations prior to the Sutherlands address at the American

5
Article White collar crimes in India by shelley.gh on February 1, 2011.
6
Capitalism is an economic system in which the means of production are privately owned and operated for
profit, usually in competitive markets.

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Sociological Society like Clayton Antitrust Act7, Sherman Antitrust Act8 etc. but none of them
was effected with a strong binding force and crimes increased rather than decreasing.
Therefore, it can be said that Sutherland was not the first to focus attention on the dangers of
the society committed not by the traditional criminals, but by the upper socio-economic strata
of the society but for the sure it is true that he is the only person who coined the term white
collar crime which refers to the crimes or dangers cited above.

[C]. MEANING- White collar crime is defined by the Federal Bureau of Investigation as
"illegal acts characterized by deceit, concealment or violation of trust, which are not
dependent upon the application or threat of physical force or violence. The FBI goes on to
state that in cases of white collar crime, "individuals and organizations commit these acts to
obtain money, property or services; to avoid the payment or loss of money or services; or to
secure personal or business advantage."

Now as per the Law commission of India white collar criminals a person of the upper
socio-economic class who violates the criminal law in the course of his occupational or
professional activities.9

In an English case Warner v Metropolitan Police Commisioner10, it was held that the
criminal liability for socio-economic offenses (white collar crime) should be made absolute.
In other words, if a person has violated a provision of the law and caused injury, he should be
held liable for that wrong whether the act was intentional or not.

The concept of White Collar Crime found its place in criminology for the first time in 1941
when Sutherland published his research paper on white collar criminality in the American
Sociological Review11.However all the Crimes committed by high status people are not
White Collar Crime. To constitute a White Collar Crime it must be job oriented that is
which occurs during the course of a persons Job. Rich businessmen who criminally assaults
his lady secretary commits a crime but not a white collar crime as is not a job oriented crime.

7
The Clayton Antitrust Act of 1914 was enacted in the United States to add further substance to the U.S.
antitrust law regime by seeking to prevent anticompetitive practices in their incipiency.
8
The Sherman Antitrust requires the United States federal government to investigate and pursue trusts,
companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and
monopolies, and today still forms the basis for most antitrust litigation by the United States federal government.
9
Law Commission Report, No. 29 (1966) at p. 6
10
Warner v Metropolitan Police Commoner, (1968), 2 All. ER 356.
11
Amercian Sociological Review, Vol. V No. 1.

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Such white Collar Crimes takes place directly or indirectly in connection with a legitimate
occupation and aims at gaining money. These crimes are not against an individual person but
against a society at large. The effect of such crime is much more serious for the society than
an ordinary crime.

[D]. VIEWS OF JURISTS, SOCIOLOGISTS, OFFICIALS ETC-

JUSTICE V. R. KRISHNA IYER- He compared economic offenses with the white collar
crime and said that economic offences often are subtle murders practiced on the
community or sabotage of the national economy. So it may be termed as the White
Collar Economic Offences.
PROF.HUGH BARLOW- According to him White Collar crime is not only committed by
the people of high social status in their occupational capacity but also is committed by
the people of lower strata.
FRANK HARTUNG- defines a white-collar offense as a violation of law regulating
business, which is committed for a firm by the firm or its agents in the conduct of its
business12.
HERBERT EDLEHERTZ13- He defined it as an illegal act or series of illegal acts
committed by nonphysical means and by concealment or guile, to obtain money or
property, or to obtain business advantage. Thus, in his definition Therefore in his
definition he made an attempt to shed out the tag of person of high social
respectability from the concept of white collar crime and tried to concise its definition
concentrating solely on the nature of acts that constitutes white collar crimes.
MARSHALL CLINARD- He has defined White collar Crime as a volition of the law
committed primarily by groups such as businessmen, professional men, and
politicians in connection with their occupations14

[E]. TYPES OF WHITE COLLAR CRIME-

ADULTERATION - Adulteration of foods and drugs.

BLACK MONEY - A demand for money or other consideration under threat to do bodily
harm, to injure property, to accuse of a crime, or to expose secrets.

12
American Journal of Sociology, July 1950, pg. 25.
13
1970, U.S. Department of Justice official.
14
The black Market, Rinehart and co., New York, 1952, pg 27.

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 BRIBERY -When money, goods, services or any information is offered with intent to
influence the actions, opinions and decisions of the taker, constitutes bribery.
CELLULAR PHONE FRAUD -Unauthorized use or tampering or manipulating cellular
phone services.
COUNTERFEITING -Copies or imitates an item without having been authorized to do
so.
COMPUTER FRAUD - Computer fraud: Where computer hackers steal information
sources contained on computers such as: bank information, credit cards, and
proprietary information.
CONSUMER FRAUD- It is one of the most common and peculiar White collar crime as
here sellers or distributors commits fraud with the consumer by way of Selling,
Advertising and repairing.
CREDIT CARD FRAUD - The unauthorized use of a credit card to obtain goods of value.
CURRENCY SCHEMES - The practice of speculating on the future value of currencies.
EMBEZZLEMENT -When a person who has been entrusted with the money or property,
appropriates it for his or her own purpose.
ENVIRONMENT SCHEMES - The overbilling and fraudulent practices exercised by
corporations which purport to clean up the environment.
EXTORTION - Occurs when one person illegally obtains property from another by
actual or threatened force, fear, or violence, or under cover of official right.
FINANCIAL FRAUD- This is inducing someone to part with money or valuables
through the use of deceit lies or misrepresentation.
FORGERY- When a person passes false or worthless instruments such as cheque or
counterfeit security with intent to defraud.
HEALTH CARE FRAUD- Where an unlicensed health care provider provides services
under the guise of being licensed and obtains monetary benefit for the service.
INSIDER TRADING - When a person uses inside, confidential, or advance information
to trade in shares of publicly held corporations.
INSURANCE FRAUD - To engage in an act or pattern of activity wherein one obtains
proceeds from an insurance company through deception.
INVESTMENT SCHEMES - Where an unsuspecting victim is contacted by the actor who
promises to provide a large return on a small investment.

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 KICK BACK - Occurs when a person who sells an item pays back a portion of the
purchase price to the buyer.
LARCENY/THEFT - When a person wrongfully takes another person's money or
property with the intent to appropriate, convert or steal it.
MONEY LAUNDERING - The investment or transfer of money from racketeering, drug
transactions or other embezzlement schemes so that it appears that its original source
either cannot be traced or is legitimate.
PROFESSIONAL CRIME - Crimes committed by medical practitioners, lawyers in
course of their occupation.
RACKETEERING - The operation of an illegal business for personal profit.
SECURITIES FRAUD - The act of artificially inflating the price of stocks by brokers so
that buyers can purchase a stock on the rise.
SHADY LAND BUSINESS- Fraud by land owner or constructer where he had already
sold the property to any other person or by providing a 3rd class construction with
opposite advertisement.
TAX-EVASION -Frequently used by the middle class to have extra-unaccounted
money.
TELEMARKETING FRAUD - Actors operate out of boiler rooms and place telephone
calls to residences and corporations where the actor requests a donation to an alleged
charitable organization or where the actor requests money up front or a credit card
number up front, and does not use the donation for the stated purpose.
WELFARE FRAUD - To engage in an act or acts where the purpose is to obtain benefits
(i.e. Public Assistance, Food Stamps, or Medicaid) from the State or Federal
Government.
WEIGHT AND MEASURES - The act of placing an item for sale at one price yet charging
a higher price at the time of sale or short weighing an item when the label reflects a
higher weight.

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 WHITE COLLAR CRIMES- IN REFERENCE TO INDIA (ELEMENTS)

[A].INTRODUCTION- White collar crimes are to be considered as a global phenomenon to

which India is no exception. As discussed earlier, white collar crimes emerged in India with
the advent of the British colonisation during the period of industrial capitalism. Prior to that,
instances of bribery and embezzlement were also found there. But the people indulging in the
white collar crimes then can be said to be mere grass eaters the people in the modern times
have reached the stage of meat-eaters.

[B]. ELEMENTS OF WHITE COLLAR CRIME15- There exists some elements of White collar
crime and they are as follows:-

It involves violation of legal codes (Not necessary as in case of Doctors and

Lawyers).
It takes place directly or indirectly in connection with a legitimate occupation.
It aims at gaining money.
The victim of such crime is not only an individual but the whole society large.
Earlier only a person of high status if commits any crime in the course of his
occupation was considered to be white collar criminal but now even a person of lower
class is considered to be the same.
The offender does not regard himself as the criminal but considers himself as a
respectable citizen.
The effect of such crime is much more serious than an ordinary crime.

[C]. FEATURES OF WHITE COLLAR CRIME- There exists some features of White collar crime
and they are as follows:-

The crimes result in social injuries far greater than conventional crimes where only
individuals are affected. However, these crimes/criminals have generally been

15
Ram Ahuja, CRIMINOLOGY, 2002, Rawat Publications, p. 173.

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 regarded by criminologists as a class apart because the administrative, investigative
and judicial procedures for many of them have been different from the procedures for
other violations of criminal laws.
A large number of these offenders are recidivists, though repetition is not necessarily
of the same type of crime.
The illegal activities (or white-collar crimes) follow more or less the same modus
operandi.
A white-collar criminal does not lose his status among associates because it is not
considered a violation of the 'business code'. In fact, many successful criminals of this
category are hailed as dynamic and innovative leaders of industry/society.
White-collar criminals feel and express contempt for law, for government, and for
government officials. In this respect, they are similar to many professional criminals.
While ordinary criminals are afraid of enforcement agencies, white-collar criminals
are rarely so, because they think that on being detected, they may only be transferred
or fined or given a short-term simple imprisonment.

[D]. GENERAL CHARACTERISTICS OF WHITE COLLAR CRIME- There exists some general
characteristics of White collar crime and they are as follows:-

Most WCCs are nonviolent

Entail an abuse of power
Concealment
Can be profitable
Perpetrator
is generally not someone homeless or addicted to drugs
Victim
may be the community at large
may not be an individual
Law enforcement involved
IRS, FBI, Secret Service (often federal prosecutions)
Defense
not unusual to defend on basis that there was no crime or ignorance
Presence of parallel civil proceeding (victims and regulatory agencies bringing suit)
occurring at same time as criminal proceeding is not unusual
In even years, there is often a push for federal criminalization of actions (good for
reelection
Some actions may not be a crime in themselves (not filling out forms properly) but
when you mail them, they become a federal crime (mail fraud)

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 [E]. WHITE COLLAR CRIME IN INDIA- In India most of the white collar crimes are the habits
of politicians and businessmen. Many medical practitioners and other profession persons also
have created such crimes but the main contribution in India is given by the formers only. So
far as the businessmen are concerned, their acts of white collar crimes go beyond counting.
They are termed as the corporate criminals.
For example- the recent Satyam scam case is one of the worth-mentioning illustrations,
where it was seen how an individual, hiding himself in the veil of incorporation, indulge in
defrauding crores of money.
Business tycoons and politicians their greed and wants multiply with the more they acquire.
In India, whenever any major scandal comes to the media focus, although investigation
always finds an unlawful involvement of political parties in it but they are never caught. They
bribe the higher police officers or threaten them of their service and clearly fled out of all
such scandals in no time.
Inspite of the fact of many occupational crimes, such as fodder scam, hawala scam, sugar
scam, urea scam etc., in which thousands of crores rupees were involved, surprisingly no
offenders have been convicted so far. The reason is simple that is politician support as they
get their share for campaigning in elections and thereby proving their majority. The
santhanam committee noted that while there were elaborate rules to ensure probity among
officials, there were none for ministers, legislators and political parties16.

ILLUSTRATIONS- Some of the recent illustrations of White collar crime in India are--:

Cash for vote scam- where United Progressive Alliance, the majority-holding
parliamentary-party alliance of India led by Sonia Gandhi, allegedly bribed BJP MPs in
order to survive a confidence vote on 22 July 2008. The vote in the Lok Sabha arose after
the Communist Party of India (Marxist)-led Left Front withdrew support from the
government, who wanted to pursue an Indo-US nuclear deal.

2G-spectrum case17- The 2G spectrum scam in India involved the issue of 1232 licenses
by the ruling Congress-led UPA alliance of the 2G spectrum to 85 companies including

16
Santhanam Committee Report at pp. 101
17
The scam came to public notice when the Supreme Court of India took Subramaniam Swamy's complaints on
record. [Writ Petition (Civil),Case No:10, Year:2011].

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 many new telecom companies with little or no experience in the telecom sector at a price
set in the year 2001. The issue came to light after the auction of airwaves for 3G services
which amounted to 67,719 crore (US$15.1 billion) to the exchequer. A report submitted
by the Comptroller and Auditor General based on the money collected from 3G licenses
estimated that the loss to the exchequer due to under pricing of the 2G spectrum was
176,379 crore (US$39.33 billion).In this very famous and big politicians like Andimuthu
Raja, Union Cabinet Minister for Communications and Information Technology, M. K.
Kanimozhi, Member of Rajya Sabha including many other bureaucrats were also involved.

UNETHICAL CONDUCTS AND DETECTION OF WHITE COLLAR CRIME

[A] UNETHICAL CONDUCT- In modern time, even some acts of unethical and immoral
conduct are also regarded as white collar crime. The acts of Lawyer or Medical practitioners
who instead of committing crime during their occupational activities if indulges in any
immoral or unethical activity related to their occupation, now a days are also considered as
white collar crimes. The reason perhaps, is that they have achieved a high respectable
position in the society and belongs to the higher strata of the society and if does any
unethical or immoral conduct regarding their profession in the course of their profession
they are justified to be called as White Collar Criminals as per the definition of Sutherland 18,
irrespectively of the fact that this commission involves breach of any legal code or not.

THEORY-White collar Crime do not only includes those acts which are violations of law, at
few times it also includes those acts also which are unethical or immoral and at the same time
not law volitions. Medical Negligence or the white collar crimes of medical profession or
legal profession deals with only such crimes such as activities of a doctor who issue a false
certificates, performs illegal abortions, makes fraudulent reports, gives false testimony in
accident and split fees, or suggests all such pathological tests in a clinic of his choice which
are not at all necessary for diagnosing the cause of the disease, Selling of expired or
chemically disapproved medicines etc. or by a lawyer who arranges the acquittal of his
clients through his contacts with the police without sending the case to the courts or a
politician who takes Rs. 1 lakh for arranging transfers or licenses.

18
Crimes committed by a person of respectability and high social status into the course of his occupation.

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 But Ram Ahuja in his book of Criminology named Criminology has stated19 that all
these acts of a lawyers, doctors or of politicians which are only ethically or morally wrong
but are not the volitions of law cannot be included in the definition of the White collar
Crime because they do not violate any law. He also said in his book that it is the enthusiasm
of some people who wanted to widen the scope of the white collar crime and thus included
such acts in its definition if it is immoral and unethical but not law violation. According to
Ahuja, Morality and ethics are not the same as the Law, and an unethical or immoral person
is not necessarily a criminal20.

But according to the author of present paper though such activities of doctors, lawyers or
politicians do not involve any violation of legal code but still they are white collar criminals,
the reason for this is

(a)- Such fraudulent acts and misrepresentation by the doctors or the lawyers are done with a
view to extract huge sums of money from them and it has become an accepted norm.

(b)- The effect or the outcome of such unethical conduct is immense and is against the whole
of the society and not only lasts towards a single person.

(c)- Even such acts also involve violation of some legal codes not necessary it is a written
law.

(D) Sutherlands first definition.

Some of the recent matters involving white collar crime in Medical Profession-:
DR. SACHAN MURDER CASE21- Dr. Sachan was found dead inside the toilet of the Lucknow
district jail earlier this week. The 52-year-old was the Deputy Chief Medical Officer in the
government's Family Welfare department. An FIR against unknown persons has been
registered based on a complaint by Dr Sachan's widow. After the report of the first Post-
Mortem Jail officials said he had committed suicide as stated in the report but after a severe
demand by media and his family, a second post-mortem of his body revealed that his body
has eight injuries caused by a sharp weapon. Here we can see and understand the
greediness for money of the doctors as they could have revealed in the first report only that

19
Ram Ahuja Criminology Rawat Publications, printed in 2010, pg. 173.
20
Ibid, Pg 173. 1st Para.
21
http://www.ndtv.com/article/india/dr-sachans-death-murder-case-lodged-114905&cp (Visited at 14
February 2016)

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 it is a death case but when the post mortem report was asked by the doctors of AIIMS, the
face came to light that it is not a suicide but is a death case.

AIIMS ADMISSION SCANDAL - The Central Bureau of Investigation (CBI) exposed an

admission racket at the All-India Institute of Medical Sciences (AIIMS) in New Delhi. The
racket was allegedly being operated at the AIIMS to manipulate the admission process for
post-graduate courses, for certain candidates, where the candidates were given admission
not on the basis of their merit but on the basis of their bribing power. Investigations
revealed that the accused manipulated answer sheets by taking bribes from candidates
appearing for admissions.

GURGAON KIDNEY SCANDAL- The multi-billion rupee Gurgaon kidney scandal came to
light in January 2008 when police arrested several people for running a kidney transplant
racket in Gurgaon. Kidneys from most of the victims, who were the poor hailing from the
nearby western Uttar Pradesh, were transplanted into clients from United States, United
Kingdom, Canada, Saudi Arabia and Greece. The police raid was prompted by complaints
by the locals from Moradabad about illegal kidney sales. The man accused of the scandal
Amit Kumar, was arrested in Nepal on 7 February 2008 denied any hand in criminal
activity.

Reasons For Growth Of White Collar Crimes In India:

White collar crimes are committed out of greed. The people who usually commit these
crimes are financially secure. White collar crimes are estimated to cost society many times
more than crimes such as robbery and burglary. The amount of death caused by corporate
mishap, such as inadequate pharmaceutical testing, far outnumbers those caused by murder.

The emergence of cutting edge technology, growing businesses, and political pressures has
opened up new avenues for these criminal organizations to prosper. This increase is due to a
booming economy and technological advancement such as the Internet and fast money
transfer systems. Law enforcement is sometimes reluctant to pursue these cases because
they are so hard to track and investigate.
It is very difficult to detect as white collar crimes always committed in privacy of an office
or home and usually there is no eyewitness. But naturally a question arises that if we have

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 specific legislations to trace out White Collar Criminality then why these offenders go
unpunished. Main reasons for which these white Collar criminals or occupational criminals
go unpunished are

i) Legislators and the law implementers belong to the same group or class to which these
occupational criminals belong;
ii) Less police effort;
iii) Favorable laws;
iv) Less impact on individuals.

The judiciary is equally, if not more, guilty of delaying justice. With white-collar crimes on
the rise, it is necessary for the judiciary and police to distinguish between white-collar
crimes, petty crimes and acts of homicide and violence. Sending everyone to the same jail is
also unfair. India needs different detention centers for different kinds of criminal
misconduct. At this present juncture what we need is the strengthening of our enforcement
agencies such as Central Bureau of Investigation, the Enforcement Directorate, The
Directorate of Revenue Intelligence, The Income-tax Department and the Customs
Department. Concentration and distribution of national wealth must be done in a proper
manner. Speedy trial should be arranged by appointing more Judges. Central Vigilance
Commission must keep a constant vigil on the workings of the top ranking officers. General
public must not avoid being engaged themselves in the prosecution of the White-collar
criminals as the offence in general is directed towards them. Lastly if they are traced and
proved guilty then Deterrent Theory of punishment is an option one.

[B] DETECTION OF WHITE COLLAR CRIME- Detection of White Collar Crimes is very hard
in day to day matters, the reasons for the same authors believes is not hidden from the
society. The accused person against whom the cases are pending in the courts are yet to be
prosecuted and punished. The reasons are :

Politician- These politicians receives funds from the guilt person for their election
campaign and arranges the situation in favour of the guilt person.
Policemen- Policemen do not take these accused in the custody for two main
reasons:
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 1. Accused person due to their contacts with big politicians or officials, might
be able to get transferred them.
2. Policemen instead of taking the accused in their custody, takes a large sum
of money so called as bribe and thereby release them without any serious
action.
Court- The courts also do not impose serious punishments on these economic
offenders. In case of big capitalists like Kirloskars, the judges grant them bail by
hearing the case in their houses even at night. Generally, some ground for the
benefit of the doubt is brought into play and the accused is acquitted.
[C]. ANALYSIS- With such attitudes of Policemen, politicians, and courts towards such
criminals, the prevention of such crimes is not possible at higher rate than their occurrence.
The remedies are also very clear that there should be some strict enactments and amendments
should take place. Another thing which is urgently required is the strengthening of
investigating agencies such as CBI, It department, Customs departments etc.

WHITE COLLAR CRIMES- IMPACT, PERSONAL VIEWS, REMEDIAL MEASURES

[A] IMPACT- The impact of these crimes is far more serious and disastrous than other crimes
or conventional offences as it affects adversely the whole society and not one individual. The
reputation of the country by this suffers and not the identity of one person. Perhaps one of
the most marking reasons is that these crimes are committed by a person of upper class
having a social status in the society. Another reason is that most of the laws violated by them
are not part of the criminal code as the bulk of white collar legislation regulated business and
professional activities and administrative processes22. The third reason is very obvious that is
fleeing away of such person from the eyes of law due to their money and social power.

[B] PERSONAL VIEW- Some of the criminologists criticized Sutherlands definition of White
Collar crime as they were of the opinion that Sutherland himself creates lots of confusion
regarding the concept of White Collar Crime. Sometimes he stressed crimes committed by
individuals of high status, while at other times he stressed crimes carried out in the course of
ones occupation. He used various definitions and among them most frequently cited

22
Ram Ahuja, CRIMINOLOGY, 2002, Rawat Publications, p. 189.

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definition gained the importance of Occupational status as an important tool for the White
Collar criminals.

But while concentrating on both the definitions given by Sutherlands it is very much clear
and there arises no confusion that white collar crimes are those crimes which are committed
by respectable persons and the persons who are of higher social strata and who have the
authority and power to rule and are by such person only in the course of their occupation or
while performing their occupational functions only.

According to Prof. Barlow23, In India mostly White Collar crimes are committed by the
people of lower social strata in their occupational capacity as adulteration of milk by the milk
man, selling adulterated food by the shopkeeper, selling expired medicine, taking out few
kilos of gas from the cylinder and so on, but point to this regard author disagree with Prof. as
these crimes are not the white collar crimes as do not completely fit in the definition given by
Sutherland as he defined it as the crime committed by a person of respectability and high
social status into the course of his occupation but adulteration of milk by milkman is not a
crime committed by such a person who is of high social status in his society same is the case
with shopkeeper when he sells adulterated food. In authors view there is no doubt in
classifying these behaviors as crimes but he do not agree to classify them as the real white
collar crime as described by Edwin Sutherland, rather these are occupational crimes.

In earlier time a person of high social status committing this crime was called as white collar
criminal but now a person of any class violating a law in the course of his occupational
activity is termed as white collar criminal. But as per the authors view it is wrong as
according to Sutherland definition it includes only those criminals who belongs to upper
social strata when they commit such in the course of their occupation but not the person of
lower social strata. Thus, people who belongs to lower strata and commits any crime in the
course of their occupation should not be called as white collar criminals, but the question
which then arises is that which word should be given for such criminals and the answer is
these are simply offender under the eye of the law because the main motive of Sutherland

23
Tani Barlow is a scholar of feminism, postcoloniality, and history in Asia and most specifically in China. She
is the T.T. and W.F. Chao Professor of History and director of the Chao Centre for Asian Studies at Rice
University. Formerly, Prof Barlow was a professor of history and women studies at the University of
Washington. She is known for her groundbreaking work on Chinese feminism

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was to check and not to overlook the crimes committed by such upper social status person
which were being overlooked at that time and are escaped from the blind eye of the law.

[C]. REMEDIAL MEASURES- In a country like India where most of the people are unaware of
new, latest acts, laws etc, where many person suffers from hunger and much of the population
is illiterate it is very hard and difficult to curb the crime which is spreaded among the peoples
of higher social strata as they are the only person who run the country. Bribery, corruption,
misleading advertisements all are such acts which are apparently not recognized but gradually
decreasing the status of our country and its functioning also like executive and administration
of justice etc. The person who belongs to upper class, who has part in making countrys
growth if indulges in commission of white collar crime, what will be the result? Its ruin only.
It is also not possible to check this person and stop them from commission of such crimes.

Here still provided below some remedial measures which may help in reducing the rates of
such crime.

1. PUBLIC AWARENESS- Public awareness is a must requirement of the society either by

way of printed media or by press or audios, radios. For increasing public awareness,
literacy programmes must be promoted. Literacy should be increased and the
obstacles must be removed.
2. ESTABLISHMENTS OF TRIBUNALS- Special Tribunals should be constituted with the
power for awarding a sufficient sentence of imprisonment for white collar criminals.
Sufficient punishment must be given to these white collar criminals so that they may
not think of doing such crime again in their life and especially it will reduce the
commission of such offence certainly.
3. ENFORCEMENT OF JAN LOKPAL BILL24- Anna Hajare, the person in India who needs
no introduction, he is a famous tycoon who kept fast for more than 10 days in august
and was fighting against corruption. If his Jan lokpal bill would be enforced
corruption and such other white collar crimes will soon be reduced at a great pace as
this bill enacts laws for those persons, who previously were not under any of the law

24
The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed independent anti-
corruption law in India. Anti-corruption social activists proposed it as a more effective improvement to the
original Lokpal bill, which is currently being proposed by the Government of India.

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 regarding corruption. If this law would be enforced it will be a great achievement for
whole of the India.
4. INCORPORATION IN IPC- A separate chapter on white collar crimes should be
imported to the Indian penal code by amending the code so that the white collar
criminals who are convicted by the court do not escape punishment because of their
high social status.
5. INVESTIGATING AGENCIES- Strengthening of CBI, investigating agencies, income tax
department, custom department is also required. CBI by itself cannot file any charge
sheets against any person even if it is sure that he is the one involving in the
commission of this crime as CBI has to take a prior permission of Central Govt.
which in turn, itself is corrupted with such collar criminals.

White collar offenders should be dealt with harshly by prescribing stiffer punishments
keeping in view the gravity of injury caused to society because of these crimes. The Supreme
Court in M.H. Haskot v State of Maharashtra25, this context observed, Soft sentencing
justice is gross injustice where many innocents are the potential victims.

[D]. CRITICISM-

1. White collar crime is a non- legal term which refers to certain criminal acts but it does
not specifically name the criminal acts to which it has reference.
2. It refers to a certain type of person, namely, a member of the upper socio-economic
class but does not provide specific criteria by which to determine the social class of the
person involved.
3. There is neither any specific legislation in the society dealing particularly with such
crimes, nor even any separate chapter in IPC concerning with such crimes.
4. There is no such investigating agency specifically for such unforgiving crimes.
5. Reluctant approaches of the Court, Police and Politicians towards such crimes and
thereby making it as an undetectable crime for their own personal benefit.

[E]. ANALYSIS- Dr. Radha Krishnan, the second President of India, in the context of White
Collar crime once said: The practitioner of this evil (i.e. White collar Crime and Socio
economic crimes) the hoarders, the profiteers, the black marketers, and speculators are the

25
M.H. Haskot v State of Maharashtra, (1978) 3 SCC 544.

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worst enemies of our country. They have to be dealt with sternly, however well place,
important and influential they may be, if we acquiesce in wrong doing, people will lose faith
in us.26

WHITE COLLAR CRIMES- CHALLENGES, CALL TO THE PUBLIC, VIS-A-VIS MENS-

REA , PUNISHMENT

[A]. CHALLENGES TO THE JUDICIAL SYSTEM

There are three main challenges to the judicial system. The first challenge concerns the
standardization of each type of white collar crimes. The second one focuses on the offenders,
their characteristics and position in the status quo. Lastly, the third challenge is on devising
and imposing sanctions to the offenders.

There is a challenge for the judicial system to devise detailed standards of each and every
type of white-collar crimes rather than relying only to generic definitions. These standards
can facilitate arrest, conviction, judicial court hearings, and conviction. These can also
encourage the damaged parties to condemn the acts and the offenders rather than the lost or
damaged properties only. This can also help the judicial system to stand firmly against the
violations in spite the fact that majority of the offenders are members of the higher end of the
status quo.

The second challenge to the judicial system is to ensure equality and that justice is rightfully
served. Since white collar crimes are profession crimes, it is expected that the offenders are
powerful, influential, and obtains high regards. This is a challenge to the judiciary system to
be at the side of justice and avoid from being offenders of the same crime such as bribery or
obstruction of justice.

Lastly, there is a challenge to create and impose heavier sanctions to offenders of white collar
crimes. After all, these are labeled as crimes, no different from violent crimes that need to be
punished by criminal imprisonment and not just financial fine and freedom to do violations
again.

26
Prof. N. V. Paranjape, Criminology and Penology, 14th Ed, 2009, Central Law Publications Allahabad, pg no.
130 , 1st para.

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[B]. A CALL TO THE PUBLIC

Lastly, this is a challenge to the public to contempt the acts of such non-violent crimes as
much as we contempt the violent ones. Let us not tolerance to the amount of the fraud, for
example. Let us begin to contempt the act itself and not the amount of damage because
anything big started to be minute too. Small time scammers today may be big time offenders
of tomorrow. Hence, we need to lessen the attempts by showing firm contempt because
absence of this is as good as encouraging the offenders.

Moreover, we should be critical to protect ourselves too. In the case of Internet fraud and
alike, we need not to rely on the police and government to protect our properties. We need to
be as critical and watchful so that we will not be victims. We keep our personal information
confidential to prevent frauds. Absence of vulnerable prospects is as good as lessening the
crime. We can cooperate to authorities such as those who protects as from Internet fraud.
Likewise, voting wisely can also help to lessen the occurrence of graft and corruption,
embezzlement and money laundering.

Lastly, we ourselves should not be the offenders. Let us not commit to bribery because the
crime does not only involve the one who accepted but also the one who initiated the deal.
Insurance and healthcare frauds are also damaging to others who may need more that we
need. Hence, we can get what is truly allocated for our use.

[C]. MENS-REA VIS-A-VIS WHITE-COLLAR CRIME

What is the mental state of a person who deliberately abuses the power, faith and confidence
reposed in him by the shareholders, by the employees, by the society and by every nation? It
is a well established fact that there can be no crime of any nature without an guilty mind.
Even is strict or absolute liability some mental element is required. That is why men-rea or
actus non facit reum nisi mens sit rea is considered a fundamental principle of penal liability.
The meaning of the term actus non facit reum nisi mens sit rea is that intent and act must
both concur to constitute a crime.

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When it comes to white-collar crimes, the determination of mens-rea for the commission of
such offences is an intricate task. In cases of white-collar crimes particularly in the area of
regulatory crime- require either no mens rea at all (i.e. they are strict liability offences), or
they require a low level form of mens rea, such as negligence. Other white-collar offences
present a converse problem: proof of mens rea is so crucial to their definition that conduct
performed without it not only fails to expose the actor to criminal liability, but is not regarded
as wrongful at all. Consider, for example, the case of bribery. Imagine that X, a constituent of
congressmen Y, gives Y a certain amount of money (which we can assume that it falls within
the amounts of permissible finance laws). Assuming that X acts with the expectation of
receiving nothing in return, he has committed no offense; he has merely made a legal
campaign contribution. X's act of giving money to Y would constitute a bribe only if and only
if X's corruptly intended to influence an official act. The most contentious and litigated levels
of mens rea are to be found in the areas of purpose and knowledge. Purpose requires a
finding that the accused has a particular and identifiable object to commit the act. Knowledge
requires a finding that the accused had in his mind, even remote, that certain acts would
certainly occur from the alleged crime. Wilfulness and specific intent are other classes of
mens rea which are to be addressed in white-collar crimes. The American supreme Court has
interpreted the term wilfulness in a manner which casts a duty on the Government to prove
that the defendant actually intended to violate the Law. The term specific intent was
elaborated by the American Supreme court in the case of Cheek v. United States where the
court abandoned the traditional doctrine of ignorance of law is no excuse in connection
with tax fraud offences and imposed intent to violate the law requirement.

White Collar Crime does not take place one fine day. They involve shady deals, cold logical
planning of deceit, beguiled misrepresentation to innocent stakeholders and keeping the
things in dark in from the regulatory bodies, both internal and external. The act of crime of
any normal criminal can be at spur of moment, sporadic, desperate attempt to ends but the
accused of white collar crime are men of very high intellectual stature, both social and
professional, having the command of best resources at their disposal. The best of lawyers and
law firms specialise in defending such cases.

26 | P a g e
Laws Related to White Collar Crimes in Indian Penal Code, 1860:

White collar crimes are not a new phenomenon in our country. The Indian Penal Code 18602
is the earliest comprehensive and codified criminal law of India. It also deals with many
white collar crimes and punishment is provided for such as:

Bribery and corruption - Section 168, 169, 171B, 171C, 171E, 171H of Indian Penal
Code, 1860.
Counterfeiting of coins and government stamps - section 230 263.
Of offences relating to weights and measures - section 264 267.
Offences relating to adulteration of food stuffs and drugs - section 272 - 276.
Misappropriation of public property and criminal breach of trust - section 403 409.
Cheating - section 415 420 .
Forgery and offences relating to documents - section 463 489.
Counterfeiting of currency - section 489A 489D.

[D]. APPROPRIATE PUNISHMENT FOR WHITE-COLLAR CRIMES

RETRIBUTIVE AND UTILITARIAN THEORY:- A question arises that what should be the
mode of punishment which should be awarded to white-collar criminals, will it be
reasonable to treat them like blue-collar criminals, hence, sentencing them to rigorous
imprisonments or a different punitive approach should be awarded in the case of such
criminals. The criminal justice system has historically treated white-collar crimes
differently than other crimes, even during the ongoing debate as to whether they
deserve this distinction. Courts, as well as academics, have treated white-collar crimes
less severely and even labelled such crimes victimless. This classification suggests
that either no one feels the injury at all or that the injury is substantially more indirect
than the causal connection in, for instance, robbery or assault. Opponents argue that
while the injuries may be theoretically indirect, they are still real and substantial, and
many result in the loss of jobs or retirement plans. Determining the proper amount of
punishment for white-collar criminals is a difficult task. Compared to street criminals,
the harm caused by white-collar criminals is more indirect, and it is therefore more
difficult to gauge the exact level of harm caused by many corporate officers. Two

27 | P a g e
 historical foundations for criminal punishment exist: the retributive justification and
the utilitarian justification. Retributive justification is characterised as desert based
whereas utilitarian justification as result based.

RETRIBUTIVE THEORY:- this theory suggests that offences deserve punishment. This
theory states that the acts of white-collar criminals deserve punishment that must be
proportional to the crime committed.
UTILITARIAN THEORY:- The utilitarian rationale rests on preventing future harm to the
society and uses the cost-benefit analysis to determine severity of punishment. Most
judges and prosecutors recognize the utilitarian theory as the purpose of white-collar
crime punishment. The problem with the utilitarian justification, however, is that
empirical evidence of its effectiveness is inconclusive. The utilitarian argument of
specific deterrence is problematic because corporate officers are unlikely candidates
for recidivism.

Under either the retributive or utilitarian justifications, jail time as a means of

punishing white-collar criminals remains a disputed issue.While the public prefers
imprisonment for white-collar criminals, fines may be the most effective means of
punishment. Additionally, the fairness of imprisoning one corporate officer to
dissuade others must be addressed.

Although in India we do not have any statute governing white-collar crimes, but with
the enactment of such statutes in foreign nations which recognise white-collar crimes
and prescribe punishments for the same, corporate officers now face extremely harsh
sentences, sometimes harsher than sentences for manslaughter.White-collar offenders
in the United States have faced sentences far beyond those imposed in prior years. For
example, Bernard Ebbers, former CEO of Worldcom, was sentenced to twenty-five
years, Jeffrey Skilling, former CEO of Enron, was sentenced to twenty-four years and
four months; and Adelphia founder John Rigas received a sentence of fifteen years
(he was eighty years old when he was sentenced), with his son Timoth Rigas, the
CFO of the Company receiving twenty year sentence. Some corporate officers find
themselves in the prison cells next to such offenders, a far cry from the "club fed"

28 | P a g e
 environment to which corporate officers are accustomed. Many argue that because the
crimes are economic in nature, the punishment should be as well. Unlike many
offenders who lack the means to pay a heavy fine, corporate officers are in a position
to provide economic restitution to their victims. Furthermore, as evidenced by a recent
criminology study, the deterrent effect of prison time for white-collar criminals has
little to no impact.

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 CONCLUSION

Indian one of the most known country of the world is facing the problems of development.
India still regarded as developing country. The reason behind this phrase is the upper class
person, if they stop pampering in such kinds of crime the country will uplift to the position
where no country has yet reached. Corruption the most regarded and known white collar
crime is the root of the underdevelopment. Ministers, Politicians, Business tycoons,
lawyers, doctors, executive all are now a days playing with the nations wealth and thereby
providing the country to face a situation where a large population of the country suffer from
poverty or unemployment.
Thus, one of the aims of the country must be concentrated towards curbing such disastrous
crimes and such criminals and their helpers. The day is not far, if nothing changes, India
will be considered as a country of corruption where there will establish a large gap between
higher economic class and lower poor class and due to this the process of development will
reverse its direction to null.
The Indian Penal Code was enacted in 1860. The word white collar crime is not mentioned
anywhere in the Code. But the dimensions of white collar crimes are so wide that after
analyzing the provisions of Indian Penal Code 1860 we may conclude that certain offences
under Indian Penal Code are closely linked with white collar crimes such as corruption,
bribery, counterfeiting of coins and government stamps, offences relating to weights and
measures, adulteration of food stuffs and drugs, misappropriation of property, criminal
breach of trust, cheating and dishonesty inducing delivery of property, forgery, etc. After
analyzing relevant provisions we may conclude that even though Indian Penal Code was
enacted in 1860 and though it has been amended here and there but its main structure has
continued intact during the last 154 years. It is an admirable compilation of substantive
criminal law and most of its provisions are as suitable today as they were when they were
formulated. But the social and economic structure of India has changed to such a large
extent that in many respects the Code does not truly fulfills the needs of the present day. It
is dominated by the nation that almost all major crimes consist of offences against person,
property or State. However the Penal Code does not deal in any satisfactory manner with
acts which may be described as white collar crimes having regard to the special
circumstances under which they are committed and which have now become dominant
feature of certain powerful sections of modern society.

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 The 81 punishment prescribed for white collar crimes under Indian Penal Code, 1860 are
proving inadequate. The specific Acts dealing with white collar crimes and the provisions of
Indian Penal Code should be harmoniously interpreted to control the problem of white
collar crimes. The provisions of Indian Penal Code dealing with white collar crimes should
be amended to enhance punishment particularly fine in tune with changed socio-economic
conditions.

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 BIBLIOGRAPHY

BOOKS
Ahmad Siddique, CRIMINOLOGY, 5th Ed., Eastern Book Company.
K.D.GAUR, CRIMINAL LAW AND CRIMINOLOGY, 2002, deep & deep
publications pvt. ltd.
Prof. N.V. Paranjape, CRIMINOLOGY AND PENOLOGY, 15th Ed, 2011,
Central Law Publication.
Prof. N. V. Paranjape, CRIMINOLOGY AND PENOLOGY, 14th Ed, 2009,
Central Law Publications Allahabad.
Ram Ahuja, CRIMINOLOGY, 2002, Rawat Publications.

WEBSITES-
http://www.ndtv.com/article/india/womb-removal-andhras-big-
medical-scandal-47462&cp.
http://www.ndtv.com/article/india/dr-sachans-death-murder-case-
lodged-114905&cp.
http://jurisonline.in/2011/02/white-collar-crimes-in-india.

http://airwebworld.com/articles/index.php?article=1104

ARTICLES-
American Sociological review
White collar in India by Shelly

JOURNALS-
American Journal of Sociology

REPORTS-
Santhanam Committee Report
Law Commission Report No. 29

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