Socio-economic offences refer to crimes that target the social and economic stability of a nation, affecting not just individuals but the overall public interest. These offences include activities like tax evasion, corruption, hoarding, black marketing, and violations of environmental regulations. Unlike traditional criminal activities, socio-economic offences are typically non-violent but have far-reaching consequences for society and the economy.
The subtopics below will explore the nature and scope of socio-economic offences, how they differ from traditional crimes, especially regarding the concept of mens rea (criminal intent), and the various forms of punishment associated with these offences.
b) Nature and Scope of Socio-Economic Offences
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c) Distinction between Traditional and socio-economic crimes with reference to Mens Rea
The Prevention of Money-Laundering Act (PMLA), 2002, was enacted to combat the growing menace of money laundering in India. Money laundering refers to the process of concealing the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. The Act seeks to prevent and control money laundering, provide for the confiscation of property derived from or involved in money laundering, and establish agencies to investigate and prosecute these offences.
The subtopics below explore the need for combating money laundering, the steps and methods involved, definitions, offences, and cognizance under the Act, along with adjudication procedures, the role of appellate tribunals and special courts, amendments to the Act, and related issues like hoarding and profiteering.
a) Need for combating Money-Laundering, Magnitude of Money-Laundering, its steps and various methods
g) Hoarding and profiteering
The Food Safety and Standards Act, 2006, was enacted to consolidate the laws related to food safety and to establish the Food Safety and Standards Authority of India (FSSAI) for regulating and overseeing food safety across the country. The Act aims to ensure that the food available for consumption is safe, clean, and of high quality, preventing adulteration and contamination, and protecting public health.
The subtopics below cover key definitions such as ‘food’, ‘adulterant’, and ‘misbranded food’, the authorities established under the Act, the general principles for food safety, the powers and functions of Food Safety Officers, and the provisions related to offences, penalties, and spurious drugs.
a) Definitions of ‘food’, ‘Adulterant’, ‘contaminant’, ‘food business’, ‘misbranded food’.
b) Authorities under the Act: Food Safety and Standards Authorities of India: Establishment and functions
c) General Principles to be followed for food safety under the Act (Section 18)
d) Food Safety Officer- Power, Function and liabilities, Licensing and Registration of food business (Section 31)
e) Food Analysis
f) Provisions related to offence and penalties (Sections 48 to 67), Adjudication and Appeal procedures (Sections 68 & 76).
g) Spurious Drugs
The Prevention of Corruption Act, 1988, was enacted to address the growing menace of corruption in India’s public sector. The Act aims to prevent corruption among public servants and lays down strict provisions for prosecuting those involved in corrupt practices. It draws from the recommendations of the Santhanam Committee, which underscored the need for robust anti-corruption laws to maintain integrity in public administration.
The subtopics below explore the need for the Act, key definitions like ‘public servant’, the offences and penalties laid out in the Act, the provisions for sanctioning prosecutions, and the presumption of guilt in cases where a public servant accepts illegal gratification.
b) Definitions of public servant
c) Offence and their Penalties (Section 7 to 14)
d) Sanction for prosecution (Sec. 19 r/w Sec. 197 of the CrPC, 1973)
e) Presumption where public servant accepts gratification (Section 20)
Investigation and prosecution in India are crucial components of the criminal justice system, responsible for maintaining law and order by detecting crimes, conducting investigations, and prosecuting offenders. Various specialized agencies and departments play key roles in investigating corruption, fraud, and other criminal activities. These bodies ensure the enforcement of laws and regulations and uphold transparency and integrity in public administration.
The subtopics below delve into the roles and functions of investigative agencies like the Central Vigilance Commission (CVC), Central Bureau of Investigation (CBI), and the Criminal Investigation Department (CID), along with other organizations involved in the investigation and prosecution of crimes.
b) Central Bureau of Investigation (CBI)
c) Criminal Investigation Department (CID)
d) Other Organizations
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