THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS

AUTHOR – APOORV NEGI, STUDENT AT AMITY LAW SCHOOL, NOIDA, UTTARPRADESH

BEST CITATION – APOORV NEGI, THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 543-557, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study comprehensively examines The Role of Law Enforcement Agencies in Combating White-Collar Crime in India and the Effectiveness of the Indian Legal System in Prosecuting White-Collar Criminals. With the increasing complexity and magnitude of white-collar crimes in India—ranging from corporate fraud, embezzlement, insider trading, and money laundering to cybercrime—this research evaluates the institutional, legal, and procedural frameworks designed to combat such offenses. It critically analyses the functionality of enforcement agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), and Income Tax Department, emphasizing their mandates, inter-agency coordination, and investigative capabilities. Additionally, it explores the challenges these agencies face, including jurisdictional overlaps, political interference, inadequate resources, and lack of specialized training. The legal framework is explored through the lens of core legislations such as the Indian Penal Code (IPC), Prevention of Corruption Act, 1988, Companies Act, 2013, Prevention of Money Laundering Act (PMLA), 2002, and the Information Technology Act, 2000, as well as sector-specific laws like the SEBI Act and the Income Tax Act. This research identifies critical gaps and overlaps in existing laws, analyzes procedural hurdles including evidentiary burdens, judicial delays, and evaluates the performance of special courts like those under the CBI and PMLA. Drawing from high-profile case studies, conviction trends, and comparative insights from jurisdictions like the USA, UK, and Singapore, the study suggests actionable reforms in legislative drafting, institutional training, technological adoption, and the protection of whistleblowers. The research concludes that while the Indian legal system has made strides in addressing white-collar crimes, there is a pressing need for systemic reform, better coordination, enhanced forensic capabilities, and judicial accountability to ensure timely and effective prosecution.

Keywords: White-Collar Crime, Law Enforcement, India, Legal Framework, CBI, ED, PMLA, Judicial Delays, Corporate Fraud, Cybercrime, Whistleblower Protection, Investigative Techniques, Special Courts, Conviction Rates, Legal Reform.