Indian Crackdown on White-Collar Crime: New Regulations, Penalties, and Enforcement Measures
In an effort to curb white-collar crimes, India has been making significant strides in enhancing its regulatory framework and penalties. This article delves into the latest developments in India’s white-collar crime landscape, discussing recent legislative changes and enforcement measures.
Key Legislation Against White-Collar Crime in India
Prevention of Money Laundering Act (PMLA)
The PMLA, India’s primary legislation against money laundering, aims to prevent money laundering and confiscate illegally acquired proceeds of crime.
- Expanding the term “reporting entity”
- Coverage now includes certain corporate professionals
- Virtual digital assets (VDAs) inclusion
- Cryptocurrencies and non-fungible tokens now within the act’s purview
Prevention of Corruption Act (POCA)
The POCA, India’s primary legislation against corruption, not only criminalizes bribery but extends to include any form of gratification that amounts to corruption.
- Expanded scope
- Now covers commercial organizations, making it an offense for corporations to offer or accept bribes
Companies Act (CA)
The CA empowers the Serious Fraud Investigation Office to investigate allegations of fraudulent conduct in relation to companies and their officers.
- Internal auditors report requirement
- Mandatory reporting of frauds to the central government
- Enhanced disclosure requirements
- New requirements under the Companies (Auditor’s Report) Order, 2020
Enforcement Agencies and Judiciary
India’s battle against white-collar crimes is backed by the following agencies and institutions:
- Central Bureau of Investigation (CBI)
- Serious Fraud Investigation Office
- Enforcement Directorate (ED)
Judiciary’s role
Recent judgments, such as the Sayaji Dashrath Kawade case and the Prem Prakash case, have reaffirmed India’s commitment to regulating unethical, illegal business practices.
Challenges and Mitigating Risks
Despite these efforts, challenges persist in the form of:
- Lengthy investigations
- Legal complexities
- Enforcement effectiveness
Companies’ responsibilities
Companies operating in India can mitigate these risks by:
- Creating robust compliance programs
- Implementing proactive risk management strategies
As India continues to strengthen its enforcement mechanisms and foster international cooperation, stakeholders must remain informed and comply with evolving legal requirements. Failure to do so could result in severe consequences, including:
- Hefty fines
- Penalties
- Reputational damage