WHITE COLLAR CRIMES: A CRITICAL EXAMINATION OF THE LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES
AUTHOR – MR. HARSH MEHROTRA* & MR. V. MAHALINGAM**
* STUDENT AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA
BEST CITATION – MR. HARSH MEHROTRA & MR. V. MAHALINGAM, WHITE COLLAR CRIMES: A CRITICAL EXAMINATION OF THE LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 897-909, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
Nowadays, White-collar crimes have emerged as global issues that hurt investors, businesses, and consumers. White-collar crimes increasingly define the darker undercurrents of contemporary economic and legal systems. The term was coined by Edwin Sutherland in 1939, and it means the offenses committed by individuals of high status and trust, who exploit institutional mechanisms for personal or corporate gain. White-collar offenses, in contrast to traditional blue-collar crimes, thrive on the deception, concealment, and manipulation of financial or informational systems. These offenses include insider trading, corporate fraud, money laundering, cybercrime, and corruption. Even though if these crimes are not violent in nature, they harm the integrity of legal and regulatory systems, erode public trust, and destabilize economies. This paper provides a thorough and critical examination of the laws and regulations governing white-collar crimes in India. It looks into how the existing laws, including the Bharatiya Nyaya Sanhita[1], Prevention of Corruption Act[2], the Companies Act[3], the Information Technology Act[4], the Prevention of Money Laundering Act[5], and the Securities and Exchange Board of India Act[6]. In addition, it assesses the operations of enforcement agencies and other specialized bodies that are responsible for the prosecution and investigation of white-collar crimes. The discussion encompasses the judicial interpretation of economic offenses. Further, this paper outlines significant institutional and procedural weaknesses that hinder the efficient regulation of economic offenses, through case studies, statutory analysis, and current enforcement challenges. It recommends a comprehensive reform that includes the enhancement of inter-agency coordination, and the strengthening of technological and forensic capabilities. Final, the paper posits that the prevention of white-collar crimes isn’t just a matter of penal enforcement, but also of ethical governance and societal trust, which are essential for the protection of the transparency and resilience of India’s legal and economic framework.
Keywords
White-collar crime, fraud, Money laundering, Economic offenses, corporate fraud, Insider trading, fraudulent practices.
[1] The Bharatiya Nyaya Sanhita, 2023, No. 45, India Code, 2023 (India).
[2] The Prevention of Corruption Act, 1988, No. 49, India Code, 1988 (India).
[3] The Companies Act, 2013, No. 18, India Code, 2013 (India).
[4] The Information Technology Act, 2000, No. 21, India Code, 2000 (India).
[5] The Prevention of Money Laundering Act, 2002, No. 15, India Code, 2002 (India).
[6] The Securities and Exchange Board of India Act, 1992, No. 15, India Code, 1992 (India).