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ECONOMIC OFFENCES AND LAWS

Cyber Crime in India has been rapidly evolving since the dawn of the technological era. Every day, in fact, you get to hear different tricks, scams and many other offences being committed on the cyberspace. There are many types of cybercrime in India that have already been listed under the Information Technology Act, 2000, suggesting various types of crimes. Also in order to follow the guidelines of cybercrime act in India, in major cities, many cybercrime cells in India have been set up.

Introduction:

Economic Offences form a separate category of criminal offences. Economic Offences not only victimize individuals with the pecuniary loss but can also have serious repercussions on the national economy. Economic offences, like counterfeiting of currency, financial scams, fraud, concealment, etc. are crimes which evoke serious concern and impact on the Nation's security and governance. This paper seeks to present a perspective on the trend of economic crimes and legislative measures to affect such crimes in India. The paper is divided into four sections. The first section gives a summary of economic crimes and relevant legislation and therefore the enforcing agency in India. The second section deals with economic crimes covered under the Indian penal code. The third section explains the law on concealment and therefore the fourth section focuses upon cyber crimes, which is expanding rapidly with the growing use of the web.

 

In English legal code, an inchoate offence is an offence concerning a criminal act which has not, or not yet, been committed. The main inchoate offences are attempting to commit; encouraging or assisting (formerly inciting) crime, and conspiring to commit. Attempts, governed by the Criminal Attempts Act 1981, are defined as situations where a private who intends to commit an offence does an act which is 'more than merely preparatory" in the offence's commission.

 

Most criminal offences are offences against state law but some, such as the illegal importation of narcotics are violations of laws made by the Federal Government. All offences, however, are divided into two categories, namely, summary offences and indictable offences. As the procedures involved in the prosecution process varies according to the category of the offence being prosecuted, it is essential to understand the difference between these two categories of criminal offences.

 

Relevant offences are found in the Criminal Law (Sexual Offences) Act 2017, which amended the Criminal Law (Sexual Offences) Act 2006. Sentences are longer for offences on children under 15, for repeat offences and where the offender is an authority-figure such as a close relative or teacher.

 

There are tons of jobs being created across the varied sectors in India. These jobs are the results of the enhancing economic prosperity and therefore the opportunities being generated due to this prosperity. Looking with this, we will understand that it's not the unavailability of opportunities, but the absence of the right channels for getting these opportunities to the right contestants which are the problem.

 

Offences specifically relating to trafficking in persons were added to the Criminal Code in 2005 by the Criminal Code Amendment (Trafficking in Person Offences) Act 2005. The amendment inserted people trafficking and debt bondage offences into the Commonwealth Criminal Code and amended the prevailing provisions associated with deceptive recruiting for sexual services. The amendments reflected the growing recognition that a folk trafficking isn’t a drag which is restricted to the sex industry.

 

As of 1 October 2008 of the 34 people charged with trafficking-related offences there have been only two cases involving the charges of trafficking in person under the federal Criminal Code and to date, there has been only one conviction under Australia's trafficking offences, Mr Keith Dobie. This is due partially to the very fact that the relevant offences were introduced into the federal Criminal Code in 2005. Prior to their enactment, variety of trafficking and trafficking-related cases were prosecuted under sexual slavery and servitude offences which came into operation in 1999.

 

In August 2005, the relevant trafficking legislation underwent significant reform and a range of new offences was created under the Criminal Code Amendment (Trafficking in Person Offences) Act of 2005. Offences of trafficking in persons, trafficking in children, domestic trafficking in persons and debt bondage were created under this legislation (see Joudo Larsen, Lindley & Putt 2009)

 

The government has not yet enacted any specific legislation criminalizing trafficking in persons and prosecutions instead rely on a variety of laws within the Sexual Offences Act 1956 and abduction offences. Commentators note that these laws do not take into account the particularities of the crime of trafficking and urgently require modernization. The law is also not intended to be a deterrent against crimes committed by individuals or groups who are trafficked for commercial purposes. It is intended to protect victims from exploitation and abuse by persons who are trafficked for commercial purposes. The law does not apply to those convicted of sex crimes, but rather to those convicted of other crimes.

 

What are cyber-dependent crimes? Cyber-dependent crimes (or pure cyber crimes) are offences that can only be committed using a computer, computer networks or other form of information communications technology (ICT). These acts include the spread of viruses or other malware, hacking and distributed denial of service attacks. Definitions of these are outlined below. They are activities primarily directed against computers or network resources, although there could also be a spread of secondary outcomes from the attacks. For example, data gathered by hacking into an email account may subsequently be used to commit fraud.

 

Cyber Crime is not defined in the Information Technology Act 2000 or in the National Cyber Security Policy 2013 or in any other regulation in India. Hence, to define cyber-crime, one can say, it's just a mixture of crime and computer. In other words ‘any offence or crime during which a computer is employed may be a cyber-crime’. Even a petty offence like stealing or pickpocket is often brought within the broader purview of cybercrime if the essential data or aid to such an offence may be a computer or a piece of information stored in a computer used (or misused) by the fraudster. The I.T. act 2004 also defines cyber-crime as any activity that involves the use of electronic communication systems, such as e-mail or internet. This includes activities such as sending and receiving messages, accessing files or programs on computers, downloading software from the internet, using social media sites or other forms of electronic communication.

 

Cyber Crime in India has been rapidly evolving since the dawn of the technological era. Every day, in fact, you get to hear different tricks, scams and many other offences being committed on the cyberspace. There are many types of cybercrime in India that have already been listed under the Information Technology Act, 2000, suggesting various types of crimes. Also in order to follow the guidelines of cybercrime act in India, in major cities, many cybercrime cells in India have been set up.

 

The country's current laws are insufficient and often unclear with respect to cybercrime. This

makes it difficult for police, prosecutors and judges to determine how the law applies to various offences. For example, the Economic and Organised Crime Office Act (Republic of Ghana 2010), which established a specialized government body to investigate and prosecute economic and organized crime, tasked the body with investigating a host of crimes including prohibited cyber activity. However, the act doesn't specify which particular cyber offences this might include.

 

Extradition: For the purposes of extradition, the above-mentioned crimes against international

Law shall not be regarded as political offences or offences connected with a political offence or politically-motivated offences. Accordingly, requests for extradition in connection with such crimes against international law cannot be denied on the grounds that they are political offences.

 

At an equivalent time, legal code should be strictly enforced within the case of offences infringing upon the interests of citizens or society or violating economic freedoms. I am referring to offences against property and assets held by citizens, illegal takeovers, competition law violations, tax evasion and embezzlement of public funds.

 

Tax evasion constitutes a criminal offence under English law and, accordingly, may be a predicate offence for money laundering. Further, the Criminal Finances Act of 2017 introduced two new corporate failures to prevent the facilitation of tax evasion offences. These being criminal offences, they have also predicated offences for money laundering.

 

We have to look at our laws in the liberalized environment. If people can get away with economic offences, then we cannot run a liberalized economy. He also stated that the Finance Ministry would look into judicial arrangements to deal with laws dealing with economic offences. A seminar attended by Union Ministers of concerned departments suggested enactment of an Economic Offences Code, which will identify, segregate, classify and consolidate, what are called serious economic crimes now spread over 30 or more economic criminal statutes and the Indian Penal Code.

Human trafficking schemes take many various forms and affect many various sorts of victims. The widely ratified Palermo Protocol requires governments to criminalize human trafficking and related offences. Trafficking may be a hidden crime whose victims are often reluctant to cooperate with enforcement. To effectively combat human trafficking, those responsible for identification, investigation, and prosecution efforts need breadth and depth of expertise, including a familiarity with the spectrum of tactics used by human traffickers and the unique needs of victims. Successful identification, investigation, and prosecution of human trafficking crimes require substantial specialized expertise in detecting trafficking indicators, stabilizing and protecting victims, and investigating conduct that may span both domestic jurisdictions and international borders.

 

Trafficked persons should not be prosecuted for any offences related to trafficking. Many states, however, do prosecute trafficked persons for irregular residence and/or labour status, including illegal work in the sex industry. Therefore, it is of particular relevance that states respect the following minimum guarantees relating to the detention of and criminal proceedings against trafficked persons. The following are some of the basic requirements:

1. A thorough understanding of the nature and extent of trafficking.

2. A clear understanding of the legal framework for dealing with trafficking.

3. A comprehensive understanding of the law and its implications.

4. The ability to identify and respond effectively to the needs of victims.

5. A willingness to take action when confronted by an opportunity.

6. A willingness to accept responsibility for the actions of others.

7. The capacity to act responsibly.

8. The ability to make informed decisions about how best to address issues of trafficking.

 

The Police and the allied agencies like the Central Bureau of Investigation (CB) and the Enforcement of the State Police deal with economic offences under the Penal Code or under the state laws, which specially empower the Police to take cognizance and investigate. The CBI has created an Economic Offences wing in 1994 to concentrate on the investigation of the economic offences alone.

These prominent establishments apart, there are as many as more than thirty Acts, which have created new economic offences and for many of the remedial measures have also been suggested. All these offences are to be incorporated in the proposed Code. It is not necessary to try to chisel out an all-inclusive definition of the economic offence. Instead, it will suffice to say that economic offences are those, which have been defined as such in these acts incorporated in the code and also those offences, which Parliament may create from time to time.

The essay shows the economical framework of human trafficking that encompasses all known economic elements that affect human trafficking both across and within public borders. We imagine human trafficking as the monopolistically competitive business in which traffickers function as mediators between weak people and employers by providing differentiated products to employers. In the human trafficking industry, these consumers are employers of trafficked labour and these products are the human race. Utilizing the rational-choice model of human trafficking we tell the cultural situations that shape transportation and making decisions of weak populations resulting to human trafficking, the force for being the trafficker, and the decisions by employers of trafficked individuals. The purpose of this essay is to provide the common ground upon which policymakers and researchers will work to lessen the frequency of trafficking in humans.

 

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