NATIONAL LAW INSTITUTE UNIVERSITY

Kerwa Dam Road, Bhopal

READING MATERIAL
(For private circulation only)

Course Title: socio-economic offences (Optional)

B.A.LLB. (HONS)

Semester: IX Semester
Academic Year: 2023–24

Complied by:
Ridhima Dikshit
 Syllabus

INTRODUCTION

The concept of socio-economic offences was first introduced by the Law Commission of India,
in 1972 in its 47th Report. These offences are those that have an impact on the social and
economic well-being of society. The report provides the salient features of social and economic
offences, the socio-economic offences do not only extend the scope of the subject matter of
white-collar crime, as conceived by Sutherland and as appreciated by others, but are of wider
import. The growth in socio-economic offence is traced to the materialism and business
competitiveness fostered by industrialization, coupled with a decline in the influence of ethics
that demand material accomplishments while emphasizing honest and fair dealings with others,
these factors influenced India after World War II. Socio-economic offences include offences
like corruption, money laundering, trafficking etc. The Indian criminal jurisprudence had
limited opportunity to shape itself to counter the growing tide of socio-economic offences. The
Government of India for the purpose of reviewing the problem of corruption and for making
suggestions regarding it had appointed a committee namely Santhanam Committee in the year
of 1962, which suggested changes in the legal framework for the purpose of ensuring the
speedy trial of the cases relating to bribery, corruption or the cases of criminal misconduct
which can help in making the law more effective; the committee has suggested the changes
after going through numerous cases in the light of the present social context and the social
changes and the economic objectives, which actually helped in the growth of these types of
offences. The new criminal jurisprudence evidenced by different legislations enacted to
regulate and control socioeconomic offences by the way of more severe sentencing for socio-
economic offences, including mandatory minimum imprisonment, large fines, and the
confiscation of goods and property which is introduced in the enactments such as Narcotic
Drugs and Psychotropic Substances, 1986 to the most recent that is Fugitive Economic
Offender’s Act, 2018. Keeping this in view the course has been designed to provide the students
extensive knowledge of the laws relating to socio-economic offences and different initiative
taken by the Government to curb this menace and different enactments relating to socio-
economic offences in India.

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COURSE OBJECTIVES

The objectives of this course are to acquaint the students with:

❖ The basic concept of socio-economic offences.

❖ Law relating to different types of socio-economic offences in India.
❖ Legal issues relating to different types of socio-economic offences in India.
❖ The emerging socio-economic offences in the Indian legal system.

LEARNING OUTCOME

On the completion of this course, students are expected to:

 State, explain and discuss the concept of socio-economic offences.

 Analyse the different types of socio-economic offences.

 Identify issues in the present Indian legal regime relating to socio-economic offences.

 Apply the law relating to socio-economic offences to practical problems.

 Write and present quality research paper with proper citation

COURSE OUTLINE

UNIT - I: Introduction

Evolution of the concept of ‘Socio-Economic Offences ’ – Nature, meaning and Essentials for
of Socio-Economic Offences – Mens Rea and Nature of Liability – Burden of Proof –
Difference between Socio-Economic Offences, White Collar Crimes and Traditional Crimes –
The Santhanam Committee Report, 1964 and the 47th Report of the Law Commission of India,
1972.

Unit- II: White Collar Crimes

Introduction to White Collar Crimes – Sutherland Theory of white-collar crimes – Four Models
of Fault – Causes of White-Collar Crimes – Types of White-Collar Crimes – Occupational
Crime - Occupational Theft, Fraud – Corporate Crime: Corporate Violence, Corporate Theft –
Transnational Corporate Crime: Bribery, Dumping, Embezzlement – Frauds: Bank Frauds,
Computer/ online Frauds and Insurance Frauds.

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Unit - III: Law Relating to Prevention of Corruption

The Prevention of Corruption Act, 1988 Act No. 49 of 1988 – Definitions of ‘Public Servant,’
and ‘Gratification,’ – Offence committed by Public Servant –Bribery –Penalties under the Act–
Punishment for attempts – Sanction for Prosecution – Presumption.

UNIT IV: Law Relating to Money Laundering

The Prevention of Money-Laundering Act, 2002 Act No. 15 of 2003 – Definition of ‘Money
Laundering’– Punishment for Money Laundering – Attachment - Search, & Seizure – Power
to Arrest –Adjudicating Authorities – Special Courts – Preventive Measures – Obligation of
Banking Companies- Financial Institutions and Intermediaries.

UNIT V: Law Relating to Fugitive Economic Offenders

The Fugitive Economic Offenders Act, 2018 Act No. 17 of 2018 – Definition– Fugitive
Economic Offenders – Declaration Of Fugitive Economic Offenders – Confiscation of
Property.

UNIT Vi: Law Relating to Tax Evasion

Tax avoidance – Tax Evasion– the difference between Tax Evasion and Avoidance –
Offences and Penalties in the Income Tax Act, 1961 Act No. 43 OF 1961.

UNIT Vii: Law Relating to Narcotic Drugs and psychotropic substances

The Narcotic Drugs And Psychotropic Substances Act, 1985 Act No. 61 Of 1985 – Definition
of Narcotic Drugs and Psychotropic Substances – Authorities and Officers – National Fund for
Control of Drugs Abuse Section –Prohibition Control and Regulation – Offences and Penalties
under the Act– Procedure for Arrest and Investigation.

UNIT Viii: Law Relating to food safety and security

Food Safety and Standards Act, 2006 No. 34 of 2006– General Principles of Food Safety –
General Provisions as to articles of Food – Offences And Penalties – Food Safety and Standards
Authority of India – Adjudication and Food Safety Appellate Tribunal.

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UNIT ix: Law Relating to human trafficking

History, Development and Magnitude of Human Trafficking– Constitutional Provisions and –

Sections 370-373 of the Indian Penal Code, 1860 –The 64th Report of the Law Commission of
India, 1975 – The Immoral Traffic (Prevention) Act, 1956 Act No. 104 of 1956.

UNIT x: Law Relating to CYBER CRIMES

Introduction to Cybercrimes – Classification of Cyber Crime: Against Person, Property and

Government – Offences under Information Technology Act, 2000 Act No. 21 of 2000 –
Investigation and Preventive measures.

Reading List

ESSENTIAL Reading-

Khan, N. P., Law Relating to Socio-economic Offences, (Allahabad Central Law Publications
2018)

SUGGESTED READINGS-

1. Singh, J. S. P., Socio-economic Offences (Faridabad: Sai Law publisher 2007)

2. John Maddinger, Money Laundering- A guide for Criminal Investigator (2nd Edition
Taylor & Francis Group (2006)
3. G. Kumar C S Lal, Kumar’s Commentaries on Food Safety and Standard Act, 2006,
(2nd Edition, Law publishers of India Pvt. Ltd. 2008)
4. R. Swaroop’s Handbook of Law relating to control of Narcotic Drugs and
Psychotropic Substances (Hyderabad: ALD Publications 2007).
5. Paul H. Cohen, Arthur Marriot QC. International Corruption, (1st South Asian Edition,
Sweet & Maxwell 2010)