Mahatma Gandhi once said that God provided us with sufficient to fulfil our needs but not enough to satisfy our greed. Socio-economic offences are one step towards this greed. Socio-economic offence is spreading like a cancer in the nation which impacts the society from poor to the rich.
As we all know everyone wants to become rich to richer by hook and crook in today’s modern world.
These offences are not a part of traditional crimes which is very much clear from the characteristics itself in this blog.
To overcome this problem Government of India takes many steps from time to time like appointing committees and law commissions to suggest legal as well as administrative measures.
This does not end here government also trying to identify these offences by dividing them into categories.
In virtue of this, we understand the need to include these offences in our legal system by a few amendments and enactments.
Introduction
In The World, many socio-economic offences are rampant nowadays is one of the hidden crimes in the World which is evolving in different types in every country.
There are fairly few new sets of Socio-Economic Offences coming into light in our country i.e., ‘INDIA’. With the advancement of technology and the changing needs of society, everyone become a part of one race to become richer to richest in days.
These offences are classified under the non-conventional offences in which the mens rea is not an essential element of crime.
These crimes have an impact on society socially as well as economically. It never pins point any individual rather it targets a large number of people at once.
In the words of Sutherland, it is a white-collar crime.
This type of offence has spread in the world at a large scale as the gravity of these kinds of offences is severe in view of the fact that it harms society at large.
There is another type of crime termed ‘white collar crimes’ which overlaps the concept of socio-economic offences.
But there is a difference between these two as in the case of white-collar crime it is a prerequisite that there must be a relation between offence and occupation moreover it is committed by people of the upper class, but these two conditions are not necessary for socio-economic offences in virtue of which we can say socio-economic offences and white collar crime both are not in the context of scope.
White-collar crimes have a narrower scope than socio-economic offences.
Growth of Socio-Economic Offence
Development of socio-economic offences was divided into three phases i.e. During the British period, after independence and during industrialisation.
The first phase came into existence when the Britisher ruled after the Mughals which caused drastic changes in the economy of the nation along with westernisation.
The second phase witnessed a period of partition which impacted the social and economic structure of the country which is well known to everyone.
The third main phase deals with the main causes of socio-economic offences which are: –
Causes of Socio-Economic Offence
- The transformation from an agricultural traditional society to industrialisation
- The rapid development of technology and moderation
- Government policy of laissez-faire (the policy of allowing companies to work without government control or interference)
- Inequality on the basis of class and status,
- Poverty
- Lacing in spiritual and morals to become rich
- Extreme Business Competition.
Important To Include Socio-Economic Offence
The Indian Penal Code, of 1860 did not fulfil the needs of society to the extent of the present changing society as it changes too fast in connection with socio-economic offences.
In addition to this Indian Penal Code is not particularly satisfactory in matters of socio-economic offences in regard to the circumstances these crimes are committed.
we need to add socio-economic offences and laws about it for the betterment of society as per the changing needs of society.
How To Determine Socio-Economic Offences
- Motive: Firstly, we should check the intention or motive of a person to do so as under these offences the motive is to become rich by hook or crook.
- Emotion: No emotional relations are present behind these offences as the person completely wears the glasses of greed.
- Target: Not an individual but the society at large are the victims of Socio-Economic Offences.
- Perpetrator: These offences are mainly done by the people of the upper class of society in the course of their trade, business and profession.
- Modes: Socio-economic offences done by fraud, misrepresentation and so on rather than the use of force.
- It affects not on the physical health of the victim but harms the victim socially as well as economically
- Unlike traditional crimes, no social stigma is connected with the offenders.
Government Repose
After seeing this alarming increase in socio-economic offences there is a need to curb this problem, for the government of India took steps as follows:
The Santhanam Committee Report,1964
In 1962, Lal Bahadur Sastri appointed Santhanam to preside over the committee on anti-corruption. Because of its thorough investigative work and recommendations, the Committee earned a reputation as Santhanam’s Committee on Anti-Corruption.
In his ‘Code of Conduct for persons in power, authority or positions of trust in our country’, he explicitly included ministers and members of Parliament and state legislatures.
There should be no use of position for personal or family advantage; no actions motivated by considerations of party, religion, caste, or community; no unofficial dealings with businessmen or hospitality or gifts accepted from them or other private persons.
Wanchoo Committee Report, 1970
In 1970, the government appointed this committee to analyse serious problems like black marketing, international smuggling and hoarding along with their impact on society.
This committee in its report gave many suggestions which were implemented in the form of new laws example: the Foreign Exchange and Prevention of Smuggling Act, of 1974.
Malimath Committee
In 2003 this committee was appointed which suggests government that we need to add social stigma along with increasing punishment in the Indian Penal Code.
29th Law Commission Report
This report rejected the recommendations of the Santhanam Committee after considering them. In the opinion of this commission, the Indian Penal Code does not satisfactorily deal with socio-economic offences due to its dominating characteristics which become a strong part of society day by day.
So in virtue of this government need to add a new separate chapter in the Indian Penal Code which deals with these type of offences.
47th Law Commission Report
This Commission Report plays a vital role in identifying the Socio-Economic Offences as this committee divides them into categories.
Different Category of Socio-Economic Offences
According to the Law Commission Report, this is divided into eight categories which are as follows:
i. Evasion and avoidance of lawfully imposed taxes which is dealt with by the Income Tax Act, of 1961.
ii. Offence calculated to prevent or obstruct the economic development of the country and endanger its economic health.
iii. Delivery by individuals and industrial and commercial undertakings of goods not in accordance with contract which results in breach of contracts.
iv. Adulteration of food products and drugs.
v. Profiteering, Black Marketing and Hoardings.
vi. Corruption by misuse of position and authority by public officials.
vii. The offences related to theft and misappropriation of properties and funds which belong to the public.
viii. The Activities related to trafficking of licences, permits and so on.
Measures
Legal Reforms:
These reforms consist of modifications either by repealing or amending previous provisions of laws dealing with this problem.
Indirectly, this means that there is a need to introduce many new laws and legal provisions to curb the problem of socio-economic offences.
It is necessary so can they deal with lacuna and defects in the legal system and society created by these offences. Taking this view in mind the legislative body time to time passed many acts against this problem which are:
Leading laws in India against socio-economic offences
- The Drugs and Cosmetic Act, of 1940
- The Prevention of Food Adulteration Act,1954
- The Income Tax Act, of 1957
- The Prevention of Corruption Act,1988
- The Essential of Commodities Act,1955 and so on.
Only the new enactments are not sufficient in regards to socio-economic offences many other changes are introduced like an increase in fines, and imprisonment along with the changing procedure of the trials and so on.
Administrative Reforms:
- Establishing accountability at all levels of the administration.
- Adopting a hire and fire policy by the government.
- Set socio-economic offences as grounds for disqualification for jobs.
Modern Scenario
Everyone in the towards time indeed wants to become richer to richer in days no matter whether their path to becoming is right or wrong.
As greed increases it has a direct bad impact on the mental health of the person under which he is lacking in his ethics and morals.
In virtue of the 47th Law Commission Report, these types of offences are hard to find as it is performed in many forms discussed above in addition to this the main involvement of the upper influenced class of society is also one main cause why these offences evolve in the society speedily.
To curb them many committees and law reports formed but the truth is that it is hard to introduce new criminal jurisprudence for socio-economic offences so till not any new jurisprudence comes into being it is controlled by old codified law with new amendments like increasing punishment, fines and so.
Judicial Response
In Ishardas v. State of Punjab, the apex court observed that the 47th report of the Law Commission recommended the exclusion of the Probation Act to socio-economic offences. Further, the Prevention of Food Adulteration Act aims to uproot the problem of socio-economic offences.
In Central Bureau of Investigation v. Jagjit Singh, the Supreme Court said that these offences are a great threat to society. The ultimate victim of these offences is society at large. In short, it endangered the economic health of the nation.
In CBI v. Maninder Singh, the court highlighted that the development of science and technology led to an increase in socio-economic crimes. These public wrong crimes committed against society and the magnitude and gravity attached to these offences are concentrated on the public.
Suggestions
AIR 1972 SC 1295
(2003) 10 SSC 686
(2015) 9 SCALE 365
Here, are a few suggestions to deal with the problem:
- Provide moral education in schools,
- Aware people by campaigning,
- Treat everyone with equality either rich or poor,
Special procedures are to be followed in courts to deal with socio-economic offences, ♦ Proper implementation of Legal and administrative measures in the nation, ♦ Teach children the proper use of technology as it is for the benefit of society not to harm anyone and many more.
Conclusion
It is very clear from the above discussion that socioeconomic offences degrade the social and economic health of the nation on a large scale.
These offences are confused with many similar offences, but this is not so easy to tackle as it is completely different from other offences given the fact that the main reason behind this is greed and desires of a person which never came to an end.
In virtue of all this, there is a need to take some major steps to curb this problem at an earlier stage before it deepens its roots completely.
To get out of it the special laws are made stringent with utmost care. the execution of these laws is very important along with the social stigma attached to offenders not only in the present time but also in future.