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The Role of Judiciary in Containing White Collar Crime in India: An Analytical Study
Subject area: Arts, Social Sciences and Humanities · Area of research: Law
Abstract
White-collar crime represents one of the most critical challenges to India’s economic and legal landscape. Unlike conventional crimes, white-collar crimes involve deception, breach of trust, and financial manipulation by individuals holding high-status professional positions. The Indian judiciary serves as a central guardian in addressing these crimes through statutory interpretation, judicial activism, supervisory jurisdiction, and systemic reform. This study critically analyses the judiciary’s evolving role in combating white-collar crime in India, drawing from landmark cases such as the 2G Spectrum Case, Coal Block Allocation Case, Satyam Scam, Sahara-SEBI Case, and the PNB Fraud Case. The article explores judicial interventions, challenges, limitations, and emerging trends, while offering recommendations for strengthening the institutional response. Using doctrinal and analytical methods, this study presents a comprehensive evaluation of how the judiciary influences investigative procedures, ensures accountability, and guides policy reforms in the domain of economic offences.
Keywords
White-Collar Crime, Judicial Activism, Economic Offences, Financial Fraud, Rule of Law in India
References
[1] Ahmed, S. (2022). Economic offences and financial governance in India. New Delhi: Sage Publications.
[2] Bajpai, A. (2020). Judicial activism in India: An analysis of economic crime cases. Indian Journal of Public Law, 12(3), 45–62.
[3] Banerjee, P. (2018). White-collar crime and its implications for the Indian economy. Journal of Economic Perspectives, 14(2), 77–89.
[4] Bedi, K. (2021). Challenges in prosecuting financial crimes in India. Law and Society Review, 55(4), 612–635.
[5] Bhattacharya, R. (2019). The role of SEBI in controlling securities frauds. Finance and Regulation Review, 7(1), 22–39.
[6] CBI. (2020). Annual report on investigation of financial crimes. Central Bureau of Investigation.
[7] Chandra, U. (2022). Money laundering and the Indian legal system. Journal of Financial Crime, 29(3), 905–918.
[8] Dey, S., & Sharma, V. (2019). Corporate fraud and governance reforms. Corporate Law Journal, 11(2), 101–121.
[9] Edwin, S. (2017). Re-examining white-collar crime theory. Criminology Insights, 9(4), 333– 355. Enforcement Directorate. (2021). Annual enforcement report. Government of India.
[10] Garg, M. (2020). A legal analysis of insider trading in India. Journal of Securities Law, 8(3), 55–71.
[11] Government of India. (2018). Fugitive Economic Offenders Act. New Delhi: Ministry of Law and Justice.
[12] Gupta, A. (2022). Cyber frauds and digital governance. International Journal of Cyber Law, 5(2), 144–167.
[13] Jain, S. (2021). Judicial review and anti- corruption laws in India. Indian Constitutional Review, 6(1), 98–114.
[14] Kapur, R. (2019). Procedural delays in economic offences. Indian Journal of Criminal Justice, 13(2), 201–219.
[15] Khan, A. (2018). Fraud detection mechanisms in India. Global Journal of Finance, 10(1), 45– 62.
[16] KPMG. (2020). India fraud survey report. KPMG India.
[17] Kumar, P. (2022). Role of SFIO in corporate investigations. Corporate Governance Quarterly, 12(3), 88–103.
[18] Mahapatra, S. (2020). White -collar investigations and judicial responses. Journal of Public Affairs, 18(4), 230–245.
[19] Malik, M. (2019). Understanding the PMLA framework. Law Review of India, 9(2), 55–77.
[20] Ministry of Corporate Affairs. (2021). Companies Act, 2013: Annotated version. Government of India.
[21] Mishra, P. (2018). Corruption in India: A socio- legal study. Indian Journal of Social Sciences, 16(1), 34–57.
[22] NITI Aayog. (2020). White paper on corruption and public accountability. Government of India.
[23] Pandey, S. (2019). SEBI’s regulatory mechanisms in financial markets. Journal of Economic Law, 7(2), 121–137.
[24] Patel, R. (2018). A study on tax evasion in India. Indian Tax Journal, 10(1), 75–96.
[25] PWC. (2020). Global economic crime survey. PricewaterhouseCoopers.
[26] Rao, V. (2021). Corporate scandals and the evolving legal framework. Journal of Business Ethics, 20(3), 95–118.
[27] Saxena, A. (2019). Examining judicial independence in financial crime cases. Justice Review, 15(2), 170–186.
[28] SEBI. (2020). Annual report on market regulation. Securities and Exchange Board of India.
[29] Sharma, K. (2022). Cyber fraud investigation challenges. International Digital Law Journal, 4(1), 59–73.
[30] Singh, R. (2018). Bribery and corruption under POCA. Indian Legal Studies Review, 8(3), 216– 235.
[31] SFIO. (2021). Corporate fraud investigation report. Serious Fraud Investigation Office.
[32] Sutherland, E. (1949). White-Collar Crime. Holt, Rinehart & Winston.
[33] UNODC. (2020). Global report on corruption and economic crime. United Nations
[34] World Bank. (2021). Anti-corruption practices in emerging economies. World Bank Group.
How to cite this paper
@article{1714097,
author = {Dr. Neena Hamid},
title = {The Role of Judiciary in Containing White Collar Crime in India: An Analytical Study},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {8},
pages = {1402-1412},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1714097.pdf},
abstract = {White-collar crime represents one of the most critical challenges to India’s economic and legal landscape. Unlike conventional crimes, white-collar crimes involve deception, breach of trust, and financial manipulation by individuals holding high-status professional positions. The Indian judiciary serves as a central guardian in addressing these crimes through statutory interpretation, judicial activism, supervisory jurisdiction, and systemic reform. This study critically analyses the judiciary’s evolving role in combating white-collar crime in India, drawing from landmark cases such as the 2G Spectrum Case, Coal Block Allocation Case, Satyam Scam, Sahara-SEBI Case, and the PNB Fraud Case. The article explores judicial interventions, challenges, limitations, and emerging trends, while offering recommendations for strengthening the institutional response. Using doctrinal and analytical methods, this study presents a comprehensive evaluation of how the judiciary influences investigative procedures, ensures accountability, and guides policy reforms in the domain of economic offences.},
keywords = {White-Collar Crime, Judicial Activism, Economic Offences, Financial Fraud, Rule of Law in India},
month = {February},
doi = {https://doi.org/10.64388/IREV9I8-1714097}
}