INTRODUCTION

White collar crimes are those crimes which are committed by people of high reputation in the
society. In 21st century the growth of white collar crime is unexpected in India. Mahatma
Gandhi says that the need of people can be fulfilled but the greed of people cannot be fulfilled.
These crimes are committed for the fulfilment of their greed. In modern times white collar crime
is rooted in all sectors in Indian. White collar crimes are also called socio-economic crimes
because it largely affects the society and economic conditions of our country. These crimes are
non-violent crimes which is different from the traditional crimes (Blue Collar crime). It includes
several things likes; bribery, embezzlement, tax-evasion, fraud, forgery, violations of trust by
corporations, individuals etc. These crimes are committed in large and complex organisations
and committed by people with proper understanding of disciplines of finance, management,
engineering, medicine, information technology and many more.

There is no fixed definition of white collar crime, although it usually includes bribery,
embezzlement, fraud, forgery and violations of trust committed by corporations or individuals
engaged in commerce [4] . Historically, in the U.S. many white collar crimes have received
lenient punishment form a criminal justice system that considered white collar crimes to be less
serious than more violent crimes. Today, the trend is for stricter punishment of white-collar
crimes in recognition of the financial damage they inflict on society. These crimes are difficult to
detect because of their neglect at school, college, home and other social institutions where lot of
people build or engaged in some other work. A person or grope of persons commit crimes
without the fear of loss of prestige or status. These crimes are basically the outcome of the
competitive economy of mid-twentieth century.

Definition of white collar crime by Edwin Sutherlands

Edwin Sutherland’s Definition, It was in 1939 when for the first time Edwin Sutherland, an
American sociologist, and defined white collar crimes, he described it to be crimes committed by
a person of high social status and respectability who commits such crimes during the course of
their occupation [5] .

Historical Background:

Edwin Sutherland an American sociologist who first defined the white collar crimes in the
global. He described this crime to be committed by the person of high social status as compared
to those who commit ordinary crimes during the course of his employment. In 1934, Again
Morris drew attention to the necessity of a change in emphasis regarding crime. He arrested that
anti-Social activities of persons of high status committed in course of their profession must be
brought with the category of crime and should be made punishable. Finally, E.H. Sutherland
through his pioneering Work emphasised that these Upper Worked1 crimes which are
committed by the persons of upper Socio-economic groups in course of their occupation -
violating the trust , Should be termed as White Collar Crime So as to be distinguished from
traditional crime which he called Blue Collar Crime. And the concept of White Collar Crimes
found its place in criminology for the first time in 1941.1

Some popular types of White Collar Crimes as:

1. Bank Fraud- To engage in an act or pattern of activity where the purpose is to defraud a bank
of funds.

2. Blackmail- A demand for money under threat to do bodily harm, to injure property or to
expose secrets.

3. Bribery- When money, goods, services or any information is offered with intent to influence
the actions, opinions and decisions of the taker, constitutes bribery.

4. Cellular Phone Fraud- Unauthorized use or tampering or manipulating cellular phone

services.

5. Embezzlement- When a person, who has been entrusted with the money or property,
appropriates it for his or her own purpose.

6. Counterfeiting- Copies or imitates an item without having been authorized to do so.

7. Forgery- When a person passes false or worthless instruments such as cheque or counterfeit
security with intent to defraud.

8. Tax-Evasion- Frequently used by the middle-class to have extra-unaccounted money.

9. Adulteration- Adulteration of foods and drugs.

10. Professional crime- Crimes committed by medical practitioners, lawyers in course of their
Occupation.

Causes of White-Collar Crime

The general perception is that the white collar crimes are committed because of greed or
economic instability. But these crimes are also committed because of situational pressure or the
inherent characteristic of getting more than others. However, there are various reasons for white
collar crimes.

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LEGAL SERVICE INDIA
 Not really a crime: Some offenders convince themselves that the actions performed by them
are not crimes as the acts involved does not resemble street crimes.

 Not realizable: Some people justify themselves in committing crimes as they feel that the
government regulations do not understand the practical problems of competing in the free
enterprise system.

 Lack of awareness: One of the main reason of white collar crime is the lack of awareness of
people. The nature of the crime is different from the traditional crimes and people rarely
understand it though they are the worst victims of crime.

 Greed: Greed is another motivation of the commission of crime. Some people think that others
are also violating the laws and so it is not bad if they will do the same.

 Necessity: Necessity is another factor of committing crimes. People commit white collar
crimes in order to satisfy their ego or support their family.

CRIME RELATING TO EDUCATION

Yet another field where white collar criminals operate with impunity are the privately ran
educational institutions in this country. The governing bodies ofthese institutions manage to
secure large sums by way of government grants or financial aid by submitting fictitious and fake
details about their institutions. The teachers and other staff working in these institutions receive a
meager salary far less than what they actually sign for, thus allowing a big margin for the
management to grab huge amount in this illegal manner. The victimized teachers can hardly
afford to complain about this exploitation to high ups because ofthe fear ofbeing thrown out
ofjob. They are, therefore, compelled to scheme oftreasury-payments for teachers ofprivate
institutes, but the problem still persists in one form or the other. That apart, fake and bogus
enrollments ofstudents who are residing far away from the place oflocation ofthese institutes is
yet another source ofillegal earning for them. They charge huge amounts by way of donations or
capitation fees from such needy students. Even rackets operates in these institutes for procuring
students to appear in different examinations on the basis ofmanipulated eligibility certificates
ofdomicile certificates in return for huge sums. These dishonest and unscrupulous practices have
damaged the standard of education in India to such an extent that it is causing an irreparable loss
to the younger generation.

The matter comes to the white collar crimes educational institutions do come in the league to
operate with impunity. A nastier role is played by the private institutions that are least bothered
in providing the education, but only concentrate of making business at the cost ofthe childrens
future. Even rackets operate in these institutions for procuring students to appear in the
examinations on the basis of manipulated eligibility certificates, thereby damaging the standard
of education in India. When it comes to the Governmental institutions, the teachers and staffs
ofthe institutions are often found to be involved in unscrupulous practices, since they can hardly
make fortune from the inadequate salary they receive from the government. Teachers often drag
the students for taking private tuitions and even go to the extent ofblackmailing them ofruining
their future, ifthey deny doing so.

More often than not, these privately managed educational institutions as also those imparting
some professional education, enjoy the patronage of some influential politicians and many of
them are even owned by them. Many such institutions are virtually non-existent and are
functioning as commercial shops, enabling the students to get degrees on payment ofhuge sums
in blatant violation ofthe government rules, regulations and norms. The magnitude ofthe white
collar criminality has adversely affected the standard ofeducation in most States, and, therefore,
the problem needs to be tackled through stringent statutory measures.

Mafia and Education

A mafia has emerged in the field of education and culture of India since independence. It sets up
and controls schools and colleges and staffs them with its near and dear ones besides and with
those who are able to pay for securing appointments. This is widely prevalent in Delhi U.P. and
Bihar. There is a nexus of businessmen, mafia, bureaucracy and politicians in the field of
education. Businessmen treat opening and running schools as nothing but profit-making
activities. The Ansals, well-known colonizers and builders have opened a number of schools in
Delhi, U.P. and Haryana; they also own a number ofcinema halls and other business activities.
They do not make any distinction among them so far as maximization of profits is concerned.

Education-Corruption and Criminality

But unfortunately, setting up educational institutions has turned out to be a very profitable
proposition both financially and politically. More than 200 former and present legislators and
parliamentarians are reported to be associated with colleges, and universities to further their
political interests besides minting money. At present, the education system in the State has
completely collapsed. Certificates and degrees are sold and examinations have become a farce. A
Ph.D in Hindi becomes a reader in physics while a philosophy man may be appointed to teach a
subject like mathematics. A student studying engineering in far away Moscow can
simultaneously do Post-Graduation in Ancient History and culture acquiring a first division as a
regular student without visiting the institution concerned even once.

Virus of Casteism and Regionalism

Casteism and regionalism are rampant. To give a concrete example which is in no way an
exceptional case, in one ofthe topmost colleges ofthis particular university, out ofthe five
principals till date, four have been from one region and three from the one caste. Academic
qualifications and administrative skills have never mattered their selection. Once these people
were appointed, each one ofthem brought their caste and region kith and kin to fill-up the posts at
lower levels so that a strong protective wall is erected around their acts of manipulations.

Fraud & Deception in Education Sector:

The Government alone can’t provide education facilities to growing population, irony is that
some of the private sector educational institutes are facing allegations like poor infrastructure
facilities or poor faculty, most experts believe that private institutes/universities are unable to
attract good teachers, due to poor pay& service conditions ,devoid of any job security. Another
common allegation faced by private education sector or some of institutes are facing legal
hurdles from regulatory authorities for operating without approvals or permits. It is observed that
the most .students from illegal institutions are in -eligible for government jobs or their degree are
not recognized for jobs in foreign countries. The act of giving scholarship or charity work is an
eye-wash with an intention to divert people’s attention over their huge profits.

Education loan scam:

Investigation into the multi-crore fake education loan racket has revealed that the scamsters
preferred to open bank accounts in nationalized banks to gain the confidence of their victims.
The cops were stunned to find a large number of bank accounts of nationalized banks like State
Bank of India, Punjab National Bank and Bank ofIndia — where it is difficult to open an
account.

Instances of white collar crime in education:-

It was in 2019 when the New India Express had reported that a senior railway ticket checking
staff was arrested by the Central Crime Branch, for leaking out the questions papers of the exams
for the post of constables and sub-inspectors in return for money. 

It was in 2013 when the Time of India published an article stating that the Gujarat Technological
College had been appointing engineers for lecturership were not even qualified with a B. Tech
degree. Yogesh Patel, who was a lecturer of Civil Engineering at S.R. Patel Engineering College
which is affiliated to Gujarat Technological university, had not even cleared his Bachelor’s
degree.

He had failed in some subjects like the applied mechanical and earthquake engineering. And he
even went for checking papers and also received a remuneration for his work. An inquiry into
how a person who is not eligible for the post of ad hoc, that is temporary, lectureship was
appointed for teaching purposes. 
Measures to curb white collar crime

The measures that can be adopted to prevent the commission of white collar crimes are:

1. The top investigating agencies of the country like the Central Bureau of Investigation,
the Enforcement Directorate, the Income-tax Department, The Directorate of Revenue
Intelligence and the Customs Department, needs strengthening, by way of
implementing strong regulating policies. The Central Vigilance Commission should
monitor the working of the officials sitting at top positions and also cross-check their
works, so as to ensure transparency in the system.
2. As the method of commission of such white collar crimes is advancing, so should the
training of the investigating officials. It often happens that ageing officers are well
experienced to understand the nature and techniques, but are not able to utilise the
technology for tracking the suspect. This happens due to lack of training. So, every
investigating officer must be trained in such a manner that, no matter how
complicated the case is, they would be able to easily resolve it.
3. To uproot the existence of such crimes, it is very important to include strict laws into
the system. Less amount of fine and shorter period of imprisonment makes it very
casual for the offenders to commit such crimes. 
4. Fast track courts and tribunals should be set in all the parts of the country for the early
disposal of these cases. The tribunal should be provided with the power to fine or
imprison someone who has been held guilty. Such measures would lower the rates of
occurrence of white collar crimes.
5. The electronic and print media should be utilized in the right way to spread awareness
about white collar crimes. The general people need to be aware of such crimes and
that they are taking place everywhere, from a small cafe to big multinational
companies. Also, they need to be aware of the remedies they could seek in case they
become victim to such crimes.
6. Stringent laws and hefty fine and long term imprisonment should be given to the
offenders for committing such crimes. And for this to happen, the Indian Penal Code,
 1860 should be amended and include provisions for the white collar crimes. For
example, the IPC could have a separate chapter dealing with white collar crimes.
7. The government may establish a separate body which would look into the matter of
crimes and criminality prevailing in the country. The independent body could be
named as the National Crime Commission. Since their entire work would be related
only to the crimes and would be an independent body, it could work more efficiently
towards reducing criminality in the country.

CONCLUSION