LEGAL ASPECTS OF CORPORATE FRAUD IN WHITE COLLAR CRIMES IN INDIA

AUTHOR – NANDINI AGARWAL, STUDENT AMITY UNIVERSITY GURUGRAM, HARYANA

BEST CITATION – NANDINI AGARWAL, LEGAL ASPECTS OF CORPORATE FRAUD IN WHITE COLLAR CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 728-739, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The object of this research paper is to conduct a thorough disquisition and analysis of the commercial fraud and white- collar crime in India. The paper aims to give a comprehensive understanding of the various aspects of these fiscal crimes, including their types, prevalence, nonsupervisory framework, challenges faced by law enforcement agencies, and their profitable and societal impacts. Through the examination of applicable case studies, legal fabrics, and real- world exemplifications, this exploration seeks to offer precious perceptivity into the current state of commercial fraud in the Indian environment and its impact on the frugality and society. The ultimate goal of this research paper is to contribute to a better understanding of the issues surrounding commercial fraud and to guide policymakers, businesses, and law enforcement agencies in their efforts to combat these crimes and insure a more transparent and secure commercial terrain in India. By achieving a deeper understanding of the challenges and openings in this area, the research aims to give precious recommendations for the development of further effective strategies and countermeasures to combat commercial fraud in India. The ambit of this research paper encompasses several crucial areas related to commercial fraud and white- collar crime in the Indian environment. The paper explores the various forms of commercial fraud, including but not limited to embezzlement, insider trading, accounting fraud, bribery, and money laundering. It examines the prevalence of these crimes within Indian corporations. The research analyzes the legal and regulatory frame governing commercial fraud and white- collar crime in India. It assesses the strengths and shortcomings of the regulatory environment. The paper delves into the challenges faced by law enforcement agencies in detecting, probing, and executing white- collar culprits. It considers factors similar as the complexity of financial crimes and the hurdles in substantiation gathering. The research evaluates the consequences of commercial fraud and white- collar crime on India’s frugality and society. The paper offers recommendations and countermeasures to address the linked challenges and alleviate the threat of commercial fraud in India. It emphasizes advancements in commercial governance, regulatory advancements, and the significance of investor education. By addressing these crucial areas, the research paper aims to give a comprehensive overview of commercial fraud and white- collar crime in India, offering precious perceptivity for stakeholders to enhance translucency, responsibility, and trust in the commercial sector within the country.

Keywords: Corporate Fraud, Money Laundering, Financial scams, Challenges and Counter measures.

A PUBLIC OPINION ON EFFECTIVENESS IN BALLOT PAPER VOTING COMPARED TO EVM – SPl. REFERENCE TO CHENNAI

AUTHORS – R. SHERIN NACHIYA & HANUSHKA SRINIVASAN .S, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI-77

BEST CITATION – R. SHERIN NACHIYA & HANUSHKA SRINIVASAN .S, A PUBLIC OPINION ON EFFECTIVENESS IN BALLOT PAPER VOTING COMPARED TO EVM – SPl. REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 698-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The very first election in India was conducted in the year of 1951-52. Only about 16% of people were literate, and the transportation system was inadequate at that time. Voting stations were placed three miles from people’s homes by ECI. Only nine voters could fit in the booth. There was a 44.5% turnout on election day which led to the rise of democracy in India. But, in the recent times Elections in India are conducted through Electronic Voting Machines (EVMs) and postal ballots nowadays. The objective of this research study is to understand the system of Paper ballot voting and EVM,to analyse the public’s preference on voting, to enumerate the reasons on the usage of paper ballot voting and Electronic voting machine and to analyse the effectiveness on reducing the fraudulent activities. The methodology used was empirical method and sample size is 207. The question which was asked to the general public are their opinion on preferences of voting, chances of malpractice while using EVM, efficiency of EVM, merits and demerits of EVM and rating scale. The findings of the research study is, many countries who are much updated still opts for paper ballot voting as it encompasses transparency. The conclusion of the research study is, voting is ever citizen’s right to choose their leader and it should not be tampered at any situation that infringes the citizen’s fundamental right. Every citizen should be given a chance to vote by making the affairs easy for them.

KEYWORDS:  Paper ballot voting, EVM, 18 years of age, India and Fundamental Right.

SUSTAINABLE DEVELOPMENT PAGE OF THE COMPANY ACT 2013 OR OVERVIEW IN INDIA: ANALYSIS

AUTHOR – SANAT JAYANTILAL PANCHAL* & DR. DIXIT PATEL**, PG STUDENT & PROFESSOR AT SWAMINAYARAN UNIVERSITY, KALOL

BEST CITATION – SANAT JAYANTILAL PANCHAL & DR. DIXIT PATEL, SUSTAINABLE DEVELOPMENT PAGE OF THE COMPANY ACT 2013 OR OVERVIEW IN INDIA: ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 698-702, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This study examines how sustainable development is incorporated into the Indian Companies Act of 2013, with a particular emphasis on the CSR (Corporate Social Responsibility) requirements. It gives a summary of the pertinent Act parts, examines how they were implemented, and assesses how they affected sustainable development. The study employs a thorough research approach to analyze compliance levels, identify obstacles, and provide policy recommendations aimed at improving the efficacy of corporate social responsibility initiatives. The word “corporation” is derived from the Latin word “corpus” which means “body”. With the help of many companies. Laws developed to govern business sectors, governance means monitoring the processes and systems used to achieve the expectations of stakeholders. The company guarantees that its relationships with various stakeholders are open and true. This article looks at how the newly enacted Indian Companies Act (2013), an important law with far-reaching implications for all companies incorporated in India, will help in its implementation. So-called “Corporate Management” and sustainable development comparing the old law (Company Law 1956) with the new [Company Law 2013] Sustainable development means meeting the needs of the present without compromising the needs of future generations. This article also explains whether the amended provisions of the new Companies Act of India would be a boon for the entire country or would only aggravate the difficulties caused by the previous Companies Act, 1956.This study also discusses how the Limited Companies Act 2013 supports corporate governance, emphasizing the importance of transparency and accountability.

Keywords: CSR, ESG, Sustainability Reporting, Long-term Value, Accountability

AN OVERVIEW ON PROTECTION OF WOMEN AGAINST MATRIMONIAL OFFENCES

AUTHOR – VEERESH KUMAR SINGH, STUDENT AT AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – VEERESH KUMAR SINGH, AN OVERVIEW ON PROTECTION OF WOMEN AGAINST MATRIMONIAL OFFENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 686-692, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Throughout the world, women have suffered from violence and exploitation in societies dominated by men, and India is no exception. The principles of justice, liberty, equality, and dignity, enshrined in the Indian Constitution,^[1] are essential for a free and just society. Despite the government’s efforts to achieve these goals and create a welfare state, many years after independence, the reality remains bleak. Women’s rights to liberty, equality, and dignity are still systematically denied. Various factors such as family dynamics, vulnerability, cultural norms, and socio-economic disparities contribute to the prevalence of violence against women.

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[1] See Preamble ofthe Indian Constitution. 

A STUDY ON ROLE OF EXPERT WITNESS IN MISCARRIAGES OF JUSTICE WITH REFERENCE TO INDIA

AUTHORS – JEEVITHA RAMANI. KG & HANUSHKA SRINIVASAN .S, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI-77

BEST CITATION – JEEVITHA RAMANI. KG & HANUSHKA SRINIVASAN .S, A STUDY ON ROLE OF EXPERT WITNESS IN MISCARRIAGES OF JUSTICE WITH REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 708-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Expert witnesses have a complex and vital role in injustices and the judicial system. These people contribute specialized knowledge and experience to court proceedings, frequently offering vital insights that have the power to influence decisions. But their influence on a case’s result might be significant, therefore in order to avoid injustices, their evidence needs to be carefully examined. In order to assist juries and judges in reaching well-informed verdicts, expert witnesses are frequently asked to interpret intricate scientific, medical, or technological evidence. In situations when forensic evidence is involved, such as DNA analysis, ballistics, or fingerprint testing, their testimony may be crucial. Notwithstanding their significance, mistakes, prejudices, or misbehaviour on the part of expert witnesses can result in miscarriages of justice. Notwithstanding their significance, mistakes, prejudices, or misbehavior on the part of expert witnesses can result in miscarriages of justice. Inaccurate findings might result from problems like confirmation bias, in which specialists interpret the data in a way that supports their prior notions. Expert witnesses occasionally might not have the training or experience needed to give credible testimony, which would further jeopardize the fairness of the legal system. Legal professionals also need to be on the lookout for faulty expert testimony and be prepared to refute it using cross-examination and opposing evidence. Courts must establish strict guidelines for the admission and assessment of expert testimony in order to reduce the possibility of miscarriages of justice involving these witnesses. In order to guarantee that only reliable testimony is given to the jury, judges are essential in determining the relevance and dependability of expert evidence. In spite of the possible dangers involved in their engagement, this abstract emphasises the value of expert witness evidence in guaranteeing impartial and accurate judicial conclusions.

KEYWORDS :  Expert witnesses, Miscarriages of justice, Legal proceedings, Specialised knowledge, Judicial decisions, Error and bias, Rigorous standards, Fairness and justice.

A STUDY ON PUBLIC OPINION ON CORRUPTION AND ITS IMPACT IN SOCIETY

AUTHOR – SOMESHWARAN  KS, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, SAVEETHA UNIVERSITY, CHENNAI-77

BEST CITATION – SOMESHWARAN  KS, A STUDY ON PUBLIC OPINION ON CORRUPTION AND ITS IMPACT IN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 676-685, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illegal benefits or abuse power for one’s personal gain.Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degrees and proportions. Each individual nation allocates domestic resources for the control and regulation of corruption and the deterrence of crime. Strategies which are undertaken in order to counter corruption are often summarized under the umbrella term anti-corruption. Corruption is a type of deceptive nature or a criminal offense which is embraced by an individual or an association which is depended on a, important, influential place, to obtain illegal advantages or misuse power for one’s very own benefit.Corruption is a type of deceptive nature or a criminal offense which is embraced by an individual or an association which is depended on a, important, influential place, to obtain illegal advantages or misuse power for one’s very own benefit. In India corruption is often occurs every day especially in politics and government sector.The objective of the research is to find the impact of corruption in the society.The Sample size was 200.Independent variables are age,educational qualifications and gender.Dependent variables are major reasons for corruption,steps to reduce corruption and government steps to reduce corruption.Graph is used as a research tool.This research paper concludes that corruption is grown as a social disease from the past decade.so,immediate steps and strict punishment should be delivered to reduce corruption and make a corruption free nation.

KEYWORDS: Corruption , Governments ,Society ,Impact ,People.

A CRITICAL ANALYSIS ON THE IMPACT OF SOCIAL MEDIA PLATFORMS CONTENT ODERATION POLICIES ON FREEDOM OF SPEECH WITH SPECIAL REFERENCE TO CHENNAI

AUTHORS – LISA.S & HANUSHKA SRINIVASAN .S, STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI-77

BEST CITATION – LISA.S & HANUSHKA SRINIVASAN .S, A CRITICAL ANALYSIS ON THE IMPACT OF SOCIAL MEDIA PLATFORMS CONTENT ODERATION POLICIES ON FREEDOM OF SPEECH WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 660-675, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The impact of social media content moderation policies on freedom of speech is a critical area of inquiry in the digital age. This research delves into the complex dynamics between social media platforms’ content moderation strategies and individuals’ right to free speech, with a focus on the Chennai context. Social media platforms operate as both private enterprises and public squares, leading to a delicate balance between regulation and censorship. Content moderation policies, addressing issues like hate speech and misinformation, often face criticism for potential censorship and inconsistent enforcement. Moreover, they can create a chilling effect, where individuals self-censor to avoid repercussions. The study employs empirical research with 221 participants using convenient sampling, analysing variables such as age, gender, education, occupation, and residential area. Results indicate diverse perspectives, with respondents valuing freedom of speech but also recognizing the need for moderation to combat misinformation and ensure a safe online environment. However, limitations include the small sample size and one-time nature of the study. Recommendations include greater transparency, consistency, and user engagement in content moderation practices to navigate the complexities of balancing regulation and freedom of speech on social media platforms effectively. Overall, while content moderation is necessary, the study suggests the need for nuanced approaches to avoid stifling legitimate expression while curbing harmful content effectively.

KEYWORDS: Content moderation, Free speech, Social Media, Impact, Pros and Cons.

MEDICAL TERMINATION OF PREGNANCY: AN ANALYSIS OF THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT BILL, 2021)”

AUTHOR – AKSHITA SHARMA, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – AKSHITA SHARMA, MEDICAL TERMINATION OF PREGNANCY: AN ANALYSIS OF THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT BILL, 2021), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 655-659, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“Abortion is health care. Abortion is freedom. Abortion is bodily autonomy. A country without this human right is not a free country.”, H.R. Bellicosa a feminist author highlights the theme of this critical essay. The essay initiates with the historical background of the “Medical Termination of Pregnancy Act 1971 to the present Medical Termination of pregnancy (Amendment Bill, 2021)”, citing a great deal of enhancement though leaving space for amelioration. The essay further highlights the concepts of medical termination and salient features of the new amendment, comparative analysis with countries like Netherlands and the United States of America followed by a judicial analysis of medical termination in India. The essay presents a critical analysis of the new amendment bill, pointing the loopholes in the act such as lack of specialized doctors in rural areas, persistent control of state over women’s autonomy followed by rational recommendations that could be incorporated to make the act more comprehensive and efficient. The essay also includes various statistical data and graphs proving the lack of implementation and the ground realities of the abortion rights in India. Thus, the shackles of ethical morality and the patriarchal society needs to be reformed with a reform in the act which is further discussed in the essay.

UNVEILING BSS: THE NEW VERSION

AUTHOR – POOJA.S, STUDENT AT ICFAI LAW SCHOOL, HYDERABAD

BEST CITATION – POOJA.S, UNVEILING BSS: THE NEW VERSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 649-654, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The New criminal code was first introduced by the Centre on August 11 last year following which they were referred to a 31-member Parliamentary Standing Committee headed by BJP MP Brij Lal for review. The revised Bill was later introduced in the Lok Sabha by Union Home Minister Amit Shah on December 12th and received Presidential assent on December 25th.

On July 1^st, The Indian Penal Code was replaced with a more technology driven, justice-based foundation of Bharatiya Nyaya Sanhita. Many factors were taken into consideration like societal, political, technological, cultural etc while sculpting this new law. The changing era and differences over the centuries demand addition, deletion and replacement of provisions which is being achieved by BSS.

The new law focuses on justice rather than punishment and is aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasising “access to justice by all”. This article helps us identify the major changes which is brought upon with the New Penal Law.

NAVIGATING ENVIRONMENTAL GOVERNANCE: A COMPREHENSIVE LOOK AT LEGAL AND REGULATORY DIMENSIONS IN ENVIRONMENTAL MANAGEMENT

AUTHOR – DR.CHITRA SINGH, ASSISTANT PROFESSOR AT IFTM UNIVERSITY, MORADABAD

BEST CITATION – DR.CHITRA SINGH, NAVIGATING ENVIRONMENTAL GOVERNANCE: A COMPREHENSIVE LOOK AT LEGAL AND REGULATORY DIMENSIONS IN ENVIRONMENTAL MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 642-648, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The intricate interplay between legal frameworks and environmental management presents a multifaceted challenge in today’s world. This study underscores the significance of a robust governance framework in ensuring conservation of natural resources. The paper elucidates the evolution of environmental governance in India. It critically examines the roles and responsibilities of various bodies constituted under the various legislations for the prevention control and abatement of environmental pollution in India, in shaping policy trajectories and implementing regulatory measures. Furthermore, the paper probes into the complexities surrounding compliance, enforcement, and monitoring mechanisms. Navigating Environmental Governance” underscores the imperative for a harmonized, adaptive, and inclusive legal framework that fosters collaboration, transparency, and accountability.

Key Words: Environmental Governance, Regulatory bodies, Environmental legislations, Environmental management.