Socio-Economic Offences and White Collar Crimes in India, Study Guides, Projects, Research of Law

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Combating White-Collar Crimes:

Addressing the Challenges

White Collar Crimes (Privileged Class

Deviance)

Introduction

The concept of "white-collar crime" emerged as a significant development in criminology, especially since World War II. It refers to the criminal activities committed by individuals of high social status in the course of their occupation. This is in contrast to the traditional "blue-collar crimes" committed by individuals from lower socioeconomic backgrounds.

Defining White Collar Crime

Edwin Sutherland, who coined the term "white-collar crime" in 1941, defined it as "a crime committed by a person of respectability and high social status in the course of their occupation." Examples include misrepresentation through fraudulent advertisements, infringement of patents, copyrights, and trademarks, and publication of fabricated financial statements. White-collar crimes are considered more harmful to society than traditional crimes, as the financial loss to society is much greater. The term "white-collar crime" was used to highlight the social position of the perpetrators and add a sense of gravity to the illegal acts committed by businessmen, professionals, and politicians.

Characteristics of White Collar Crimes

Meaning : White-collar crimes involve the use of knowledge and position to commit crimes, unlike blue-collar crimes which involve physical labor. New vs. Traditional : White-collar crimes are a relatively new concept, whereas blue-collar crimes have been committed for centuries. Mens Rea : The element of criminal intent (mens rea) is not as essential in white-collar crimes as it is in blue-collar crimes. Independent of Social and Personal Conditions : White-collar crimes are not influenced by the social or personal conditions of the offender, unlike traditional crimes. Direct Access to Targets : Offenders in white-collar crimes have direct and valid access to their targets due to their position of power. Veiled Offenders : The identity of white-collar criminals often remains hidden, unlike blue-collar criminals who must confront their victims. Involvement of Politicians : White-collar crimes may involve strong connections with politicians, making it difficult for victims to take action.

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Greater Harm : The harm caused by white-collar crimes is often more severe and widespread than that of blue-collar crimes.

Historical Background

The concept of white-collar crime was pioneered by sociologist Edwin Sutherland in the 1930s and 1940s. Sutherland emphasized the need to include the anti-social activities of individuals from the upper socioeconomic strata within the category of crime, rather than just focusing on traditional violent crimes. The term "white-collar crime" was used to distinguish these crimes from the "blue-collar crimes" committed by individuals from lower socioeconomic backgrounds.

The Nature of White-Collar Crime

The key criterion for a crime to be considered "white-collar" is that it occurs as part of or as a deviation from the violator's occupational role. White-collar crimes are often violations of trust, either through "duplicities" or "misrepresentations," made possible by the offender's high position and occupational norms. These violations of trust must also be violations of the law, not just unethical practices or non-criminal deviations from informal conduct norms within a business or profession. The legal status of such violations has been a source of theoretical conflict in the field of criminology.

Classification of White Collar Crimes

Theoretically, various white-collar crimes may broadly be classified into four major categories:

1. Ad hoc crimes

These are also known as personal crimes, where the offender pursues their own individual objective without any face-to-face contact with the victim. Examples include hacking, credit card fraud, and tax evasion.

2. Breach of trust or faith

These involve a breach of trust or faith bestowed by an individual or institution on the perpetrator. Examples include insider trading, financial embezzlement, and misuse of funds.

3. Crimes incidental to organizational operations

Individuals occupying high positions or status commit these crimes in furtherance of their organizational operations, not as their central purpose, but because they find an opportunity to earn quick money or gain undue

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advantages. Examples include fraudulent medical bill claims and fake educational institutions.

4. Crimes as part of business

These white-collar crimes are committed as a part of the business itself, such as violation of trademarks, copyrights, patent law, or competition law, as well as corporate crimes involving domain names.

Types of White Collar Crime in India

Some common types of white-collar crimes in India include:

Bank Fraud

Engaging in an act or pattern of activity to defraud a bank of funds.

Blackmail

Demanding money or other consideration under threat of harm, property damage, or exposure of secrets.

Bribery

Offering money, goods, services, or anything else of value with the intent to influence the actions, opinions, or decisions of the recipient.

Cellular Phone Fraud

Unauthorized use, tampering, or manipulation of a cellular phone or service, such as using a stolen phone or cloning a valid electronic serial number.

Computer Fraud

Stealing information sources contained on computers, such as bank information, credit cards, and proprietary data.

Counterfeiting

Copying or imitating an item without authorization and passing it off as the genuine or original.

Credit Card Fraud

The unauthorized use of a credit card to obtain goods of value.

Currency Schemes

The practice of speculating on the future value of currencies.

Educational Institutions Fraud

Securing government grants or financial aid by submitting fictitious and fake details about the institution, while paying staff less than what they signed for.

Embezzlement

Appropriating money or property entrusted to the perpetrator for their own use and benefit.

Environmental Schemes

Overbilling and fraudulent practices by corporations claiming to clean up the environment.

Extortion

Illegally obtaining property from another through actual or threatened force, fear, violence, or under cover of official right.

Engineering Fraud

Underhand dealings with contractors and suppliers, passing of substandard works and materials, and maintaining bogus records of work-charged labor.

Fake Employment Placement Rackets

Deceiving job seekers with false promises of providing white-collar jobs in exchange for large fees.

Forgery

Passing a false or worthless instrument, such as a check or counterfeit security, with the intent to defraud or injure the recipient.

Health Care Fraud

Providing services under the guise of being a licensed health care provider to obtain monetary benefit.

Hoarding, Profiteering, and Black Marketing

Common white-collar crimes in the Indian trade and business world.

Insider Trading

Using inside, confidential, or advance information to trade in shares of publicly held corporations.

Insurance Fraud

Obtaining proceeds from an insurance company through deception.

Investment Schemes

Contacting unsuspecting victims with promises of large returns on small investments.

Kickback

Paying a portion of a purchase price back to the buyer.

Larceny/Theft

Wrongfully taking another person's money or property with the intent to appropriate, convert, or steal it.

Legal Profession Fraud

Fabricating false evidence, engaging professional witnesses, violating ethical standards, and using dilatory tactics in collusion with court staff.

Money Laundering

Investing or transferring money from racketeering, drug transactions, or other embezzlement schemes to make the original source appear untraceable or legitimate.

Medical Profession Fraud

Issuing false medical certificates, helping with illegal abortions, providing expert opinions leading to acquittals, and selling sample drugs and medicines.

Racketeering

Operating an illegal business for personal profit.

Securities Fraud

Artificially inflating the price of stocks by brokers to enable buyers to purchase the stock at a higher price.

Tax Evasion

Committing fraud in filing or paying taxes, particularly by influential individuals and professionals.

Telemarketing Fraud

Operating out of "boiler rooms" to solicit donations to alleged charitable organizations or request money or credit card numbers upfront without using the funds for the stated purpose.

Welfare Fraud

Engaging in acts to obtain benefits, such as public assistance, food stamps, or Medicaid, from the government.

Weights and Measures Fraud

Charging a higher price than the displayed or labeled price or short- weighing items.

White Collar Crime in India

White-collar criminality has become a global phenomenon with the advance of commerce and technology. India is equally affected by this trend, with the recent developments in information technology adding new dimensions to white-collar crimes, commonly referred to as cybercrimes.

These crimes can be committed anonymously and from a distance, without the risk of being apprehended. Cyber-criminals have the advantage of using computer technology to inflict damage without the risk of being caught. It is predicted that there will be a simultaneous increase in cyber-crimes with the growth of new internet websites, affecting various sectors such as banking, financial institutions, energy, telecommunications, transportation, and business industries in India.

Causes of White Collar Crime in India

The various causes for the growth of white-collar crimes in India include:

Greed and the desire to satisfy financial wants among the financially secure. Poverty and the need for money, leading to susceptibility to false representations. The gravity of white-collar crimes, which can cause greater loss at financial, emotional, and even life-threatening levels compared to traditional crimes. Technological advancements, faster growth of industries and businesses, and political pressure, which have provided offenders with newer, easier, and swifter methods of committing such crimes. The digital world and the ease of large transactions and reaching people globally, which have incentivized criminals to commit more crimes and hide anywhere in the world.

Reluctance of law enforcement agencies to deal with the complicated nature of white-collar crimes, where tracing suspects and gathering evidence is difficult. Failure of the judiciary to effectively punish white-collar offenders, due to the offenders belonging to the same class as the legislators and implementers of the law, the lack of major evidence, and the absence of appropriate laws to address such crimes.

Reasons for the Growth of White-Collar

Crimes in India

Greed

Machiavelli, the father of modern political philosophy, strongly believed that men are inherently greedy by nature. He stated that a person can more easily forget the death of their father than the loss of their inheritance. This greed is a major driving factor behind the commission of white-collar crimes.

Easy, Swift, and Prolonged Effect

The rapid growth of technology, business, and political pressure has introduced criminals to newer ways of committing white-collar crimes. Technology has made it easier and swifter to inflict harm or cause loss to others. Additionally, the cost of such crimes is much higher than traditional crimes like murder, robbery, or burglary, and the victim takes longer to recover, which can cut down the competition.

Competition

After reading "On the Origin of Species" by Darwin, Herbert Spencer coined the phrase "survival of the fittest," implying that there will always be competition between species, and the best-adapted individual will survive.

Lack of Stringent Laws

Since most white-collar crimes are facilitated by the internet and digital payment methods, laws seem reluctant to pursue these cases, as investigating and tracking them becomes a difficult and complicated task. The lack of eyewitnesses, as these crimes are usually committed in the privacy of a home or office, further complicates the process.

Lack of Awareness

The nature of white-collar crimes is different from conventional crimes, and most people are unaware of them, failing to understand that they are the worst victims of such crimes.

Necessity

People may also commit white-collar crimes to meet their own needs and the needs of their family. However, the most important factor is the desire to feed their ego, as these crimes are committed by individuals of high social status and importance.

Reasons for White-Collar Criminals Going

Unpunished

Legislators and the people implementing the laws belong to the same class as the occupational criminals. The police put in less effort in the investigation, as they find the process exhausting and hard, and the searches often fail to promise favorable results. The laws are such that they only favor occupational criminals. The judiciary has been criticized for its delayed judgments, and sometimes, by the time the court delivers the judgment, the accused has already expired, making the criminals loose in committing crimes.

Effects of White-Collar Crimes

Effect on the Company

White-collar crimes cause huge losses to companies, forcing them to raise the prices of their products, which decreases the number of customers. This leads to a decrease in employee salaries, and sometimes, the company may even have to cut down jobs. Investors and employees also find it difficult to repay their loans, and obtaining credit becomes harder.

Effect on Employees

White-collar crimes endanger employees, making them conscious of their working conditions and whether they can still trust the company.

Effect on Customers

The increasing rate of white-collar crimes raises doubts in customers about the safety of the products they are using.

Effect on Society

White-collar crimes are harmful to society, as the individuals who should be cited as moral examples are the ones committing such crimes, polluting the society.

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Loss of Confidence

White-collar crimes, such as stock fraud or trading scandals, can lead to a loss of faith in the stock market and other financial institutions.

Socio-Economic Offences: An Approach

The 29th Law Commission Report suggested that the Penal Code does not adequately address acts that can be described as social offenses, considering the special circumstances in which they are committed and their dominance in certain powerful sections of modern society. The report observed that most of these offenses involve economic benefit and unjust enrichment.

The 47th Law Commission Report laid down a new composite category of socio-economic crimes, including illegal economic activities, illegal ways of performing commercial and allied transactions, and evasion of public taxes or monetary liabilities.

Various acts have been enacted by the Indian legislation to tackle socio- economic crimes, such as the Essential Commodities Act, 1955, the Prevention of Corruption Act, 1988, the Prevention of Food Adulteration Act, 1955, and the Narcotic Drugs and Psychotropic Substances Act, 1985, among others.

Socio-Economic Offenders

Criminologist Cesare Lombroso categorized criminals into three groups: "born criminals" with different physical characteristics of an inferior nature, "insane criminals," and "criminaloids," who commit crimes or vicious acts only under certain circumstances. The crimes committed by the third category characterize the class of offenders called white-collar criminals, who exhibit moral insensibility.

The key drivers or motivators of these crimes are money, recognition, power, success, satisfaction, and consideration.

Sutherland's Definition of White-Collar

Crimes

According to Sutherland, white-collar crimes can be categorized into three types:

1. Crimes Committed by Persons of High Status

These are crimes committed by individuals of high social status, regardless of whether they are related to their occupational activities or not.

2. Crimes Committed on Behalf of Organizations

These are crimes committed by individuals, regardless of their status, on behalf of the organizations they are associated with.

3. Crimes Committed Against Organizations

These are crimes committed against organizations, whether by individuals working within the same organization, another organization, or by those with no organizational affiliation.

Application of Mens Rea in Socio-Economic

Offences

Socio-economic offences require understanding the extent to which the practice is justified, the judicial application of mens rea in relevant statutes, and the most appropriate and justified response to such offences. Issues involved in socio-economic offences include vicarious liability and situational liability in statutory offences. There are several offences in the Indian Penal Code (IPC) where the element of mens rea is not required, particularly those related to national interest. However, courts have often applied the concept of mens rea in such cases as well. In a developing country like India, constraints of economic resources have necessitated the imposition of social controls to promote planned development through licensing, regulations, laws, and policies. Strict imposition of these provisions in all cases, regardless of individual circumstances, is questioned on grounds of justification. The criminalization of productive social and economic conduct is viewed from the national and societal interest perspective. The doctrine of mens rea is a common law legacy, but there are instances in common law where it has been dispensed with, such as in cases of public nuisance, contempt of court, and libel. This was justified because: It was difficult to prove mens rea in some cases. These were offences under social welfare legislations, requiring a purposive construction to further the objectives of the act. Punishment in these cases is usually light. They are offences in the nature of mala prohibita and not mala in se.

Deviance

Introduction

Deviance is the recognized violation of cultural norms, which can range from minor rule-breaking to serious criminal acts. Deviance is not limited to actions or choices, as the mere existence of certain categories of people can be considered troublesome by others.

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Social control mechanisms, both formal (e.g., criminal justice system) and informal (e.g., parental praise/scolding), aim to regulate people's thoughts and behavior. The way a society defines deviance, who is branded as deviant, and how it responds to deviance are all influenced by the organization of that society.

The Biological Context

Early theories on criminality focused on biological causes, with Cesare Lombroso proposing that criminals could be identified by their physical characteristics. However, biological theories offer a limited explanation of crime, as most deviant acts are committed by physically normal individuals. Current research places greater emphasis on social influences in understanding human behavior and deviance.

Personality Factors

Psychological explanations of deviance focus on individual abnormality, viewing deviance as the result of "unsuccessful" socialization. Certain personality traits, such as psychopathy, have been linked to serious criminal behavior. However, like biological factors, most serious crimes are committed by people with normal psychological profiles.

The Social Foundations of Deviance

Deviance varies according to cultural norms, as no thought or action is inherently deviant. People become deviant as others define them that way, as everyone violates cultural norms at some point. Both norms and the way people define rule-breaking involve social power, as the law often reflects the interests of the powerful.

Durkheim's Basic Insight

Emile Durkheim argued that deviance is a necessary element of social organization, as it performs four essential functions: 1. Affirming cultural values and norms 2. Clarifying moral boundaries 3. Bringing people together through shared outrage 4. Encouraging social change by pushing moral boundaries

Forms of Privileged Class Deviance

Introduction

Deviant behavior is often viewed as an "alien element" in society, a symptom of internal breakdown or disorder.

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Deviance is more likely to occur when the sanctions governing conduct in a given setting seem contradictory, posing a dilemma for the individual.

Types of Deviances

A. Professional Deviance B. Official Deviance C. Police Deviance

Official Deviance

Deviance by Bureaucrats

Abuse of power by bureaucrats, leading to a totalitarian state, despite the existence of laws and regulations. Examples of bureaucratic deviance include arrogant behavior, arbitrary actions, red-tapism, corruption, and misappropriation of funds.

Deviance by Judges

Integrity issues in the judiciary, with concerns about bribery, biased decisions, and political influence. Judges may maintain personal contacts with lawyers, and personal interests may play a role in delivering justice.

Deviance by Legislators

Corruption among legislators, such as seeking ministerial posts through unethical means, violating moral and ethical norms, and accepting money from industrialists and businessmen in exchange for policy favors. Legislators may also be involved in creating artificial shortages and price hikes, as well as nominating quotas for their relatives. There is often a close relationship between criminals and politicians.

Professional Deviance

Introduction

India has a rich culture and tradition, stemming from the diverse backgrounds of its people. Looking to the past, we find that due to the intermingling of various races and civilizations, India has emerged with a wide range of richness in all aspects. The class system, though not new, has existed in ancient India as well. One such class is the privileged class, which is prominent in India and is often granted rights and powers.

The term "deviance" refers to the act of not following the respective norms or rules. In India, with its large population and issues of employment and sustenance, deviances become quite prevalent. The various types of privileged classes, such as those from the arenas of politics, sports,

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education, administration, and glamour, are often reported to have engaged in deviant behaviors.

The position of the privileged people allows them to control the situation in society. Similarly, bureaucrats, who are supposed to perform functions for the welfare of the common people, often work for their own benefit at the expense of the ordinary citizens. This phenomenon is known as "white-collar crime," which is a crime committed by persons of respectability and high social status in the course of their occupation.

Professional Deviance: Profession Defined

According to Webster (1969), the term "profession" comes from the word "profess," which means to receive formally into a religious community following a novitiate by acceptance of required vows. It might have something to do with the word "priest," who is authorized to perform the sacred rites of a religion, especially as a mediatory agent between man and God. Shaffer (1968) suggests that priesthood was the oldest profession with special knowledge, and a priest was capable of doing things that an ordinary person could not.

The Oxford English Dictionary defines a profession as "a vocation in which professed knowledge of some department of learning or science is used in its application to affairs of others or in the practice of an art founded on it." The Cambridge International Dictionary of English defines a profession as "any type of work which needs a special training or a particular skill, often which is respected because it involves a high level of education." Both definitions emphasize the intellectual and skill aspects of a profession.

Every profession has a code of conduct, conditions, rules, and ethics. If any act violates such rules, it is called professional deviance. Professions include legal, medical, journalism, education, engineering, and architecture, among others.

Causes of Professional Deviances

Majority of people in India are poor, illiterate, and backward, making them easily exploited by professionals. Some professions tend to have support from politicians, who are financed by the professionals during elections. Accumulation of wealth by illegal means to meet future uncertain needs for their children.

Professional Deviance by Lawyers

White-collar criminality among lawyers is believed to be fairly widespread. Lawyers, even those of the highest standard at the Bar, have been known to advise organized criminals and play a leading role in promoting and facilitating white-collar criminality under the guise of professionalism, especially the wholesale white-collar crimes of public utility in the past.

The deteriorating standards of legal education and unethical practices resorted to by the members of the legal profession to procure clientage are mainly responsible for the degradation of this profession, which was once considered one of the noblest vocations. Instances of fabricating false evidence, engaging professional witnesses, violating ethical standards of the legal profession, and dilatory tactics in collusion with the ministerial staff of the courts are some of the common practices that can be considered white- collar crimes.

Although there is a definite code of conduct for the legal profession, it is often an ornamental document. However, this is not to say that all lawyers are corrupt and unethical; quite a large number of them are sincere and honest in their profession, commanding greater respect from all sections of society. It is perhaps due to the peculiar nature of their profession that lawyers and advocates have to resort to these tactics in order to survive in a profession that is becoming more and more competitive with the passage of time.

Examples of Deviances by Lawyers

Fabrication of false evidence. Engaging professional witnesses and false security. Violating professional ethics and using dilatory tactics in collusion with court staff. Chamber practice – settlement of cases in consideration of a huge sum of money by lawyers. Criminal lawyers arranging professional alibis and cooked witnesses for gangsters. Lawyers having their own trusted police officers who help them personally by taking heavy bribes. Lawyers managing investigation officers and medical officers to help win their cases. Lawyers engaging touts for the purpose of advertising professional services on a percentage basis. Lawyers managing opposite lawyers by payment of money. Lawyers providing finance for filing litigation against any reputed and rich person. Lawyers asking indecent and irrelevant questions to rape victims during cross-examination to embarrass them.

Professional Deviance by Doctors

The medical profession is considered a noble profession, as it relieves the pain and disease of people. Most doctors are law-abiding citizens and believe in ethical medical practice, aware of their responsibilities towards patients. However, some doctors deviate from their ethics and use wrong methods in their medical practice, forgetting the humanitarian aspect.

People have a lot of faith and respect for doctors even today. Doctors perform certain unethical acts during the course of their professional work and violate legal norms. There are also doctors involved in corruption, issuing of medical certificates, helping with illegal abortions, and providing

secret services to dacoits. Dilatory tactics are also adopted by members of this profession to extract huge sums of money.

The Indian Medical Council prescribes a code of ethics to regulate the medical profession. The applicable acts include the Indian Medical Council Act, 1956, the Indian Medical Degree Act, 1916, and the Indian Medical Council Amendment Act.

Some Forms of Medical Deviances

Issuing false medical certificates. Providing false post-mortem reports. Receiving commissions from suppliers of medicines. Selling medicines and other equipment supplied to government hospitals to private hospitals. Performing illegal abortions. Providing false evidence in criminal cases. Extorting money from patients in government hospitals. Running kidney rackets. Issuing fake and misleading advertisements claiming medical cures and cosmetics. Prescribing medicines for which the doctor does not possess adequate qualifications. Conducting operations for which the doctor does not possess a qualified degree. Providing secret services to criminals and dacoits. Avoiding first-aid treatment to injured persons unless a police report is filed.

The Supreme Court, in the case of Parmananda Katara v. Union of India (AIR 1989 SC 2039), ruled that it is the professional obligation of all doctors to extend medical aid to the injured immediately to preserve life, without waiting for legal formalities to be complied with.

Professional Deviance by Teachers

The teaching profession falls under a special category among other professions. The job of a doctor is finished when the cure is attained, and that of a lawyer when the case is decided in court. The professional role of a teacher is not analogous to that of a lawyer or a doctor, as the former's influence endures and is reflected in the minds, personalities, and characters of the students. Moreover, the teacher as a professional is the maker of other professionals.

Examples of Professional Deviance by Teachers

Collecting large sums in the name of donations. Collecting fees for seats in schools and colleges. Deducting a portion of the teachers' salaries as charges towards their appointment. Corruption and favoritism during admissions and exams.

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Exploitation and victimization of students, especially for internal marks. Preparing and prescribing textbooks of dubious standard. Engaging in private coaching, which is banned by the Maharashtra Coaching Classes Ordinance, 2000.

White-Collar Crime in Education

Many private educational institutions engage in false practices, such as using fictitious documents and fake details, to obtain grants from the government to run their institutions. The teachers and staff are often seen to be working at very low wages compared to the signing amount, which helps the institution raise a high sum of illegal money.

In 2019, the New India Express reported that a senior railway ticket checking staff was arrested by the Central Crime Branch for leaking out question papers of exams for the posts of constables and sub-inspectors in return for money.

In 2013, the Times of India published an article stating that the Gujarat Technological College had been appointing engineers as lecturers who were not even qualified with a B.Tech degree. Yogesh Patel, a lecturer of Civil Engineering at S.R. Patel Engineering College affiliated with the Gujarat Technological University, had not even cleared his Bachelor's degree, yet he was appointed for teaching purposes and received remuneration for his work.

Journalists

Journalism is the activity of gathering, assessing, creating, and presenting news and information.

Journalism: Characteristics and Practices

Journalism can be distinguished from other activities and products by certain identifiable characteristics and practices. These elements not only separate journalism from other forms of communication, but they are also what make it indispensable to democratic societies. History reveals that the more democratic a society, the more news and information it tends to have.

Reporting Duties

Journalists educate the public about events and issues and how they affect their lives. They spend much of their time interviewing expert sources, searching public records and other sources for information, and sometimes visiting the scene where a crime or other newsworthy occurrence took place. After they've thoroughly researched the subject, they use what they uncovered to write an article or create a piece for radio, television, or the internet.

Before journalists can write about a subject, they must first gather information. They usually conduct several interviews with people involved in

or having knowledge of the subject. They may also go to the scene of an event, such as a crime or an accident, to interview witnesses or law enforcement officers and to document what they see. In addition, they often search public records or other databases to find information and statistics to back up their stories. Researching a story is often similar to conducting an investigation, and journalists must sometimes ask difficult questions. They may have to invest a lot of time tracking down information and people relevant to the story.

Working with People

Even though a news article bears a single journalist's byline, the process requires significant collaboration. How good a journalist's story is often depends on how adept they are at communicating and working with others. For example, journalists take instruction from their editors regarding what angle to approach when writing a story, how long the story should be, and whom to interview. They also need strong people and communication skills so they can persuade sources to talk to them. Journalists frequently approach people they don't know, whether when reporting from the scene or calling to request an interview. If they're uncomfortable around strangers, they'll make others uncomfortable as well, making it less likely that people will want to be interviewed.

In addition to serving the public interest, journalists must also follow the law, especially regarding the confidentiality and privacy of the people they interview or write about. For example, while journalists often tape record their interviews to ensure accuracy, federal and state laws generally make it illegal to record a conversation without the permission of the other party. In this case, journalists must tell their sources they're recording the interview before it begins. Journalists must also understand the laws regarding libel and invasion of privacy. If a journalist is careless when reporting criminal allegations against a person, for example, they could face a defamation lawsuit if the accusations are proved untrue.

Ethical Responsibilities

Some aspects of a journalist's job are not subject to any kind of law but are just as important. Journalists must strive to present an accurate, well- balanced explanation of the stories they cover. For example, they have an obligation to present all sides of an issue, and to conduct extensive research and talk to several sources knowledgeable about the subject. If they present only popular opinion, or if they conduct minimal research without fully exploring the subject, they don't give readers and viewers the information they need to understand the implications of the event or issue. Journalists must also be honest with the people they interview, telling them before talking to them what the article is about and that they plan to quote them in the piece.

Deviance by Press or Journalists

Journalism is considered the "fourth pillar of democracy" and can keep effective check on the State Administration. However, the social object of Journalism is often lost. Journalists may demand bribes for shutting their mouth in cases where they have sensitive news about politicians or reputed and rich people. Investigative journalism can sometimes involve interference into private life and conducting of cases. The Press Council of India has laid down ethics for journalism, but these are often violated.

Deviance by Engineers

Engineers develop new technological solutions, and their responsibilities during the engineering design process may include defining problems, conducting and narrowing research, analyzing criteria, finding and analyzing solutions, and making decisions. However, some engineers may engage in deviant behavior, such as:

Deviance by Engineers

Underhand dealing with contractors and suppliers. Passing of substandard works and materials, leading to the construction of buildings, roads, canals, dams, and bridges with sub- standard material. Computer-related crimes, such as theft of communication services and tax evasion. Cyber-crimes by highly talented engineers.

White Collar Crimes in Architectural Practice

The construction industry is one of the oldest industries in the world, with many ancient monuments and structures serving as testament to its history. However, the construction industry is also one of the most corrupt sectors worldwide. Architects, as part of the construction industry chain, may contribute to white-collar crimes in the infrastructure sector, such as:

Manipulation of Design

A project owner appoints an architect to design a project. One of the competing contractors who is tendering for the project bribes the architect to provide a design with which only that contractor can fully comply.

Inflated Claim for Variation

A contractor is instructed by the architect appointed by the project owner to carry out a variation to the works. The contractor submits a written claim to

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the architect that deliberately exaggerates the manpower, materials, equipment, and time required to carry out the variation.

False Extension of Time Application

In case of delay on the contractor's part, the contractor submits a written claim to the architect appointed by the project owner, alleging that the whole delay was attributable to a change in specification. The architect accepts the contractor's claim and awards the contractor an extension of time and additional payment.

False Variation Claim

A contractor carries out work that is not in compliance with the contract specification. The contractor offers the architect a bribe if they confirm in writing that the work was carried out pursuant to a variation issued by the architect, and is therefore acceptable.

Delayed Issue of Payment Certificates

The project owner offers the architect a future appointment on another project if the architect delays the issue of payment certificates which are due to the contractor.

Set-off of False Rectification Costs

The project owner persuades the architect to include, in the schedule of defects, additional purported defects which in fact are not outstanding.

Other deviances include conducting architectural practice without due registration, as was the case with the architects involved in the 2014 Moulivakkam building collapse in Chennai.

Deviance by Religious Leaders and

Organizations

The history of modern India has seen several incidents of religious violence, particularly during the Partition of 1947 and in the years since independence. Minorities in India, especially Sikhs, Muslims, and Christians, have been persecuted by Hindu nationalists belonging to the ruling Bharatiya Janata Party (BJP).

There has been a rise in communal and sectarian violence in India, with incidents such as the beating of a Muslim man for reportedly asking a group to stop playing loud music on New Year's Day, and the killing of a Muslim man by a mob who accused him of transporting beef.

Vigilante cow protection groups have also harassed and attacked people in several states, including the forcing of two Muslim men to eat cow dung in Haryana.

The 2002 Gujarat riots, in which at least 2,000 Muslims were killed, have been widely reported and investigated. The violence was allegedly condoned by the then Chief Minister Narendra Modi and supported by the state police and government officials.

Religious violence and the persecution of minorities in India have been extensively documented by civil rights groups and international organizations, highlighting the deviance of religious leaders and organizations in the country.

Prevention of Corruption Act, 1988: Genesis

and Salient Features

Introduction

Corruption is considered one of the greatest impediments to progress in a developing country like India. The economic, social, and cultural structure of India has been adversely affected and made defenseless against the forces of anti-social elements due to the menace of corruption.

According to Shri N. Vittal, Former Chief Vigilance Commissioner, the first stage in the dynamics of the rule of law is the framing of effective rules and laws to hinder the ever-rising escalation of the corruption graph. It is in this context that the Prevention of Corruption Act, 1988 becomes highly significant.

Genesis of the Act

The Prevention of Corruption Act, 1988 (PCA) came into force on September 9, 1988. It incorporated the Prevention of Corruption Act, 1947, the Criminal Law Amendment Act, 1952, and Sections 161 to 165-A of the Indian Penal Code with modifications. The Act enlarged the scope of the definition of the expression 'Public Servant' and amended the Criminal Law Amendment Ordinance, 1944.

In the Criminal Procedure Code, offences relating to public servants were not cognizable, but the 1947 Act made it obligatory for the court to make certain presumptions of guilt against the accused. The investigation against the accused was to be made by an officer not below the rank of Deputy Superintendent of Police.

The 1947 Act declared corrupt acts such as taking bribe, misappropriation, obtaining a pecuniary advantage, possessing assets disproportionate to income, and abusing official position as offences. However, the authority for prosecution was vested only in the department authorities and not in the Central Bureau of Investigation (CBI).

Salient Features of the Act

The 1988 Act enlarged the scope of the term 'public servant' and included a large number of employees within its ambit, such as

employees of public undertakings, nationalized banks, office-bearers of cooperative societies, employees of the University Grants Commission (UGC), vice-chancellors, professors, and scientists in institutions receiving financial aid.

However, MPs and MLAs, even though performing 'public duties', have been kept out of the ambit of the Act.

The Act covers all the 'corrupt' acts as covered by the 1947 Act, such as bribe, misappropriation, obtaining pecuniary advantage, possessing assets disproportionate to income, etc.

The Act extends to the whole of India except Jammu and Kashmir and applies to all Indian citizens, whether living in the country or outside it.

If the offence against the public servant is proved in the courts, it is punishable with imprisonment of not less than six months but extending to a maximum period of five years. Six months imprisonment is mandatory, and the courts have no discretion in this regard.

If a public servant is found committing an offence habitually, they are to be punished with imprisonment of not less than two years but not more than seven years, and also a fine.

Salient Features of the Prevention of

Corruption Act, 1988

Essential Feature of the Act

The Act makes it obligatory for the Court to make certain presumptions of guilt against the accused, which is a radical departure from the normal rule under which the prosecution is required to prove 'beyond doubt' all the ingredients of an offence.

Sections of the Act

Section 1

Gives the extent of the Act.

Section 2

Defines terms like 'public servant', 'Government', etc. The term 'public servant' as contained in Section 21 of the Indian Penal Code (IPC) has been enlarged to include a large number of employees within the ambit of definition by incorporating Sections 2(c)(iii) and 2(c)(ix) covering employees of Nationalised Banks and office bearers of Co-operative societies of the Central and State.

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Section 3

Empowers the Central Government and State Government to appoint Special Judges to try the following offences punishable under this Act: any conspiracy to commit or any attempt to commit offences specified in the above.

Section 4

Specifies the jurisdiction of the Special Judges appointed in Section 3. The offences described in Section 3 are to be tried by Special Judges. The Special Judge also has powers to try any offence, other than an offence specified in Section 3.

Section 5

Describes the procedure to be followed and the powers of the Special Judge. The Special Judge can take cognizance of offences without the accused being committed to him and may tender a pardon to such person who makes a true disclosure of the whole circumstances relating to the offence. The provisions of the Code of Criminal Procedure (Cr. P. C.) shall apply to the proceedings before the Special Judge.

Section 6

Authorizes the Special Judge to conduct a trial in a summary manner, in cases where there is a violation of Section 12-A(1) of the Essential Commodities Act, 1955, and pass upon any person a sentence of imprisonment for a term not exceeding one year. The convicted person will not have any right to appeal against such summary trial if the term of imprisonment does not exceed one month.

Section 7

If a public servant is charged with accepting any gratification other than legal remuneration in respect of an official act, as a motive or reward for doing any official act or showing any favour or disfavour to any person in official function.

Section 8

If a public servant is charged with accepting or attempting to obtain any gratification by corrupt or illegal means, to do any official act.

Section 9

If a public servant is charged with accepting or attempting to obtain any gratification for the exercise of personal influence with a public servant, to do any official act.

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Section 10

If any public servant abets the offences defined in Sections 8 and 9.

Section 11

If a public servant obtains a valuable thing, without consideration from a person concerned in a proceeding or business transacted by such public servant.

Section 12

Punishment for abetment of criminal offences defined in Sections 7 and

11. The public servant shall be punishable with imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine.

Criminal Misconduct Defined

Section 13

Actions which can be described as criminal misconduct if the public servant: is a habitual defaulter under Section 7 is a defaulter under Section 11 dishonestly or fraudulently misappropriates any property entrusted to him or under his control as a public servant or allows any other person to do so obtains for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means, or by abusing his position possesses pecuniary resources or property disproportionate to his known sources of income

Punishment

Criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

Other Sections

Section 14

Habitual committing of criminal offences under Sections 8, 9, and 12 is punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

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Section 15

Any attempt to commit an offence referred to in Section 13 is punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine.

Section 16

Where a sentence of fine is imposed under Sections 13 or 14, the court shall take into consideration the amount or the value of the property which the accused has obtained by committing the offence.

Section 17

Offences punishable under the Prevention of Corruption Act can be investigated by a police officer not below the rank of an Inspector of Police in metropolitan areas, or a Deputy Superintendent of Police or a police officer of equivalent rank elsewhere.

Section 18

A Police Officer empowered to investigate under Section 17 can even inspect any bankers' books in so far as they relate to the accounts of the person suspected to have committed that offence.

Section 19

Before taking cognizance of an offence punishable under Sections 7, 10, 11, 13, and 15 alleged to have been committed by a public servant, the court shall obtain prior sanction of the authority competent to remove the public servant from office.

Section 20

It shall be presumed that the public servant accepted or obtained the gratification, unless the contrary is proved, in regard to the offences committed under Sections 7, 11, 12, 13(1)(a) or (b), or 14(b).

Section 21

Defines the accused public servant as a competent witness to disprove the charges made against him. He can give evidence on oath to defend himself.

Section 22

Describes the application of the Code of Criminal Procedure, 1973 in respect of Sections 243(1), 309(2), 317(2), and 397(1), to the proceedings under the Act with certain modifications.

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Section 23

Deems the public servant accused of the offence under Section 13(1) (c), i.e., in charge of property without specifying particulars.

Section 24

Grants immunity to the bribe giver from prosecution proceedings under Section 12.

Section 25

The Prevention of Corruption Act does not interfere with the procedure applicable to Military, Naval, and Air Force Acts.

Section 26

Special Judges appointed under the Criminal Law Amendment Act, 1952 shall be deemed as Special Judges under the Prevention of Corruption Act.

Section 27

Authorizes the High Court to exercise all powers of appeal and revision conferred by the Code of Criminal Procedure as if the Court of the Special Judge were a Court of Session trying cases within the local limits of the High Court.

Section 28

Nothing contained in the Act shall exempt any public servant from any proceeding which might be instituted against him.

Section 29

Lists various amendments/substitutions/insertions, in respect of authorities, time limit, Schedules, Paragraphs, etc., in the Criminal Law Amendment Ordinance, 1944.

Section 30

Repeal and saving.

Section 31

Allows the application of Section 6 of the General Clauses Act, 1897 in place of sections which had been repealed.

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