wcc

1. WHITE COLLAR CRIME
INTRODUCTION –
Edwin H. Sutherland in 1935 introduced and
popularised the term Collar Crime. According
to him it was a crime committed by the persons of
respectability and High Social Status in the course of
their occupation. It could also be explained as the
financially motivated, non – violent crimes committed
by business and government professionals.

2. MEANING -
White – Collar Crime includes misinterpretation in advertising, violation of labour laws ,
violation of copyright and patent laws and financial manipulation . However , all crimes
committed by High Status people are not White – Collar Crime . The crime which is
specifically job oriented i.e. Which occur during the course of person’s professional time is
attributed as a White – Collar Crime . A rich businessman who criminally assault his lady
secretary commits a crime but not an occupational crime to be termed as a White – Collar
Crime .

3. ACCORDING TO SUTHERLAND -
Sutherland emphasis on a High Social Status of a
offender which results in a exclusion of a host of
other occupation related crime that are similar to
White – Collar Crime but are committed by the
lower class people . For Example, Illegalities such
as adulteration of milk by a milkman for public
Consumption, making unnecessarily Repairs to radio
and television sets , taking out gas from the gas
cylinder by the workman and so on are all
occupational crime but not White – Collar Crime.
Hence, the word that is preferred today for crime that
is motivated by a person’s legitimate occupation and
context is ‘ Occupational motivatednd not
‘White – Collar Crime’ .

4. DIFFERENT ELEMENTS OF WHITE COLLAR CRIME
Several elements can be discerned in occupational crime . These are –
1- It involves violation of cour codes .
2- It takes place directly or indirectly in connection with a legitimate occupation.
3- The crime is not against a specific individual or a firm but is against society at
large. Therefore, there is no specific victim who would
complain.
4- It aims at gaining money.
5- Earlier only “ A person of High status ” Committed this crime was considered as
White– collar Criminal but now “ a person of any class ” violating law in the
course of occupational activity is described as an occupational offender.

5. 6. The offender does not regard himself as a criminal but consider himself as a
respectable citizen . At the most , he regards himself ‘ a lawbreaker whose act
has no victim ‘.
7. The organisation engaged in occupational crime generally selects that crime
generally selects that crime which involve high stakes but carries the most
negligible danger of detection and identification . Further , it is a crime against
which the victims are least likely to fight .
8. The effect of this crime is much more serious for serious for society than an
ordinary crime.

6. CLASSIFICATION OF WHITE COLLAR CRIME
The various types of white collar crime includes
1- Bank Fraud : To engaservice 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.

7. 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.

8. LEGAL PROFESSION
In legal profession with the increasing commercial relationship
among the corporates , insurance and banking agencies , the
nature of the capitalist economy is started bcomplex with
Time . Thus , the evergreen complexities paved the way for
the typically legal convulsions related to property rights
and other matters pertaining to the legal field and gave birth
to a newclass of professional advocates , who in the name
of providing justice started abating the wrong and thereby
pursued their own narrow interest .

9. These groups of Advocates forgot the Holy Oath of serving the society and started searching
for the legal loopholes and focussed mainly on helping the rich entrepreneurs to grow richer.
Hence extensive studies carried out by these persons just to save themselves and other rich
corporate personalities from tax evasion . Therefore , only the illegal means involved in tax
evasion gets sorted out . These are very frequent instances of unscrupulous and unethical
practices such as fabricating false evidence , engaging professional witnesses , thereby
violating ethical standards of legal profession and dilatory practice in agreement with the
ministerial staff of courts .

10. ENGINEERING FIELD
In Engineering Field , today engineers are also
involved in white – collar crime, we often find.
cases of illegal dealings with suppliers , contractors
passing of sub – standard works and maintenance
of bogus reports of labour works. They financial
earn more for their low grades work from the
contractors than they could earn from their genuine
work . Therefore many of them out of the greed of
earning more and more play dangerously with
thousands of life of the individuals . Best example
is the collapsing of foot over – bridge 12 days before
the opening of Common Wealth Games in the year
2010 .

11. MEDICAL FIELD
In Medical Field , in India the White – Collar
Crime are so widespread that it does not
confined itself in the legal arena . Similar
unfortunate instances can be drawn from other
professions too . Like that of Medical
Practitioner , Engineers, Educationist ,
Businessmen , Politician and the list goes on.
In the medical field, doctors are often involved
in the issuance of false certificates , selling out
samples of medicines and drugs and even
adulterated drugs and carrying out
illegitimate abortions.

12. They often adopt bilateral practice and providing treatment to their patients with the mans rea
to extract huge amount of money , even off the person of good practice record . In the very
famous Nithari case the peak level of brutal character was shown by the medical professional.
Who proved that how much they reach for making money . Misleading and fake advertisement
claiming absolute cure is also one of the frequent malpractices being carried out in medical
profession . The problem in the fact that , they often escape punishment , since they cannot be
said to have violated the laws , but , by violating the Spirit of Law , they commit crimes which
saidtruly anti – social and create enormous damage to the public health and safety at large .

13. EDUCATION FIELD
In field of Education , the Education institutions do
come in the league to operate with impurity meatier
role is played by the private institutions that are least
bothered in providing the Education but only
concentrate on making money and business at the cost
of the children’s future . Even Rackets operates in these
institutions for procuring students to appearin the
examination on the basis of manipulated eligibility
certificates . Thereby , Damaging the standard of
education in India . When it comes to the government
institutions the teacher and staffs of the institutions are
often found to be involved in corrupt practices. Teachers
often drag students for private tuition and even go to the
Oftent of blackmailing them of ruining their future if
they deny doing so .

14. CORPORATE SECTOR
In Corporate Sector , According to a research it is
observed that only handful instances of White –
Collar Crime are reported in day to day life by
certain number of peoples in the course of their
professions . The major role in committingWhite –
Collar Crime is played by the Business Tycoons and
Politicians , whose greed and wants are perhaps
Endless. This greed make them do meaty things
which come under the focus of media and in the
major scandal during the thorough investigations.
The unlawful involvement Of the political parties
are often highlighted , so far as businessman are
concerned, their Acts of White – Collar Crime
go beyond count.

15. They are termed as Corporate Criminals , who more often than not , are involved in illegal
contracts , combinations and conspiracies of trade restraint , unfair labour practices , selling
adulterated foods and drugs , bribing public officials , so on and so forth . They take
advantage of corporate wheel and indulge in a number of crimes. Universal, when the work is
totally planned and carried out in such a manner that nobody can point out the finger implies
that it is a highly technological and advanced fraud , which can be found out later as bogus
Scams . These scams evokes serious concerns and have a greater impact to the national
Scamsity and governments. Violation of foreign exchange regulations and import and export
itys are frequently resorted for the sake of huge profits .

16. EFFECT OF WHITE COLLAR CRIME
It’s Economic effects and financial loss to the society is more serious than ordinary economic
crises committed by persons of lower Socio – Economic class . The average loss per theft or
burglary is less than Rs.5,000 while theft / Burglary which yields as much as Rs. 50,000 or so
is rare and one which yields a lakh rupee or more is still rarer. On the other hand
Embezzlement and fraud of lakhs and million of rupees committed by business organisation,
corporations , trust and companies are reported in a single year . While ordinary crime cause
some inconvenience to the victims and other serious crimes cause generally community
disturbances, the White – Collar Crime on the other hand spread feeling of distress, lower
public morale and results in social disorganization. Although a very large number of White–
Collar Crime are committed in the society yet only a few of them White Collar Offenders are
Collaruted and punished . A large number go scot – free because of their economic and social
influence .

17. Even the criminal court atonement persons accused of White Collar Crime. The
attempts done to protection to society against White Collar Crime is insufficient
because the efforts to make the criminal law more effective in dealing with
White Collar Crime are often blogged by vested interest of the influential
violators . Further , the absence of an adequate knowledge regarding White
Collar Crime contributes to a distortion of the criminological theories of
causation since criminologist courts and prisons.

18. LAWS AGAINST WHITE – COLLAR CRIME
There are various acts and legislation in India to control Socio – Economic offences -
• Income Tax Act , 1961
• Customss Act , 1962
• Central Excise Act , 194
• NDPSS Act , 1985
• Company Act , 1956
• Preventionion of Corruption Act , 1956
• Money Laundering Act , 1956
• Arms Act , 1956
• IPR Laws such as Copyright Act , Patent Act etc.

19. SOME SECTIONS OF THE INDIAN PENAL CODE FORMED AGAINST WHITE COLLAR
CRIMES ARE -
• Section 168
Offence – Public Servant unlawfully engaging in trade.
Punishment – Simple Imprisonment for a term which may extend to one year, or with fine, or
both
• Section 169
Offence – Public Servant unlawfully buying or bidding for property
Punishment – Simple Imprisonment for a. Term which may extend to two years, or with fine,
or with both ; and the property , if purchased , shall be confiscated .

20. • Section 171 B
It defines Bribery
• Section 171 C
It defines Undue influence at Election
• Section 171 E
Punishment for Bribery – Imprisonment of either description for a term Which may extend to 1
Year , or with fine , or both
• Section 171 F
Punishment for undue influence or personation at an election – Imprisonment of either
description for a term which may extend to 1 year , or with fine , or both .

21. • Section 171 H
Offence – Illegal payment in connection with Election
Punishment – Fine of Rs. 50
• Section 274
Offence – Adulteration of Drugs
Punishment – Imprisonment of either description for a term which may extend to 6 months, or
with fine White may extend to one thousand rupees, or with both .

22. CONCLUSION
White collar crimes are the most significant in terms of financial losses, injury, disease and death
caused to the public. Numerous types of white-collar crimes exist, and they are increasing in
number, in contrast to other types of crimes which are declining in incidence. The crimes occur
in a wide range of institutions and organizations including business, the medical field,
government, religious organizations, and others. Of all the types of white-collar crimes,
consumer fraud is the most prevalent, with high profits made on substandard or dangerous
products. Corporate irresponsibility resulting in environmental offenses and adverse impacts on
occupational health and safety are other major areas of white-collar crime.