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Report No. 29

Proposal to include certain Social and Economic

Proposal to include certain Social and Economic
Genesis of the Report
Reference to Law Commission
White-Collar Crimes
White-collar crimes
Relevance of white-collar crimes
Focussing of attention on white-collar crimes in the West
Reasons why such crimes escape punishment
Description of white-collar crime
White-collar crimes in England
Restrictive trade practices
Sutherland's study
Adulteration of food, etc
Price control laws in U.S.A
Economic Crimes in Soviet Russia
Economic Crimes in Soviet Russia
Important species of economic crimes
Death penalty in Russia for certain economic crimes
Reasons for imposing death penalty
Some salient points as to the provisions in England, U.S.A. and Soviet Russia
Points to be Considered-General Observations
Main points to be considered
Correct approach
Permanent offences and temporary malpractices
Character of special statutes
Multiplication of offences
Criminal law and Morality
Line of division thin
Analysis of Special Enactments
Analysis of special enactments
Mens rea modified
Strict liability
Knowledge of illegality whether relevant
Offences under the Customs Act
Classification of offences in question with reference to mens rea
Liability of officers of companies
Vicarious liability
Vicarious liability-an aspect of strict liability
Special rules of evidence
Importance of delegated legislation in relation to statutory offences
Penalties by Rules
Provisions for publicity
Special character of the enactments
Genesis of special enactments
Alterations in the Indian Penal Code by special enactments
Category 1 Offences Preventing Economic Development
Offences preventing economic development (Category 1)
Other economic crimes mentioned by Santhanam Committee
Whether adoption of economic crimes from Eastern Europe feasible
Points suggested in comments
Category 2 Evasion and Avoidance of Tax
Evasion, etc. of tax (Category 2)
Attitude towards tax avoidance in Englan
Interpretation of taxing Act
Views of Courts in India as to avoidance
Existing provisions analysed
Placing provisions as to evasion in the Penal Code
Addition of new provision
Category 3 Misuse of Public Position by Public Servants
Misuse of their position by public servants etc
Category 4 Delivery of Goods not in Accordance with Contract
Delivery, etc. of goods not in accordance with contract
"Cheating" and delivery of goods, etc
Meaning of "deception"
Position in English Law
Proposed section
Category 5 Hoarding and Profiteering
Hoarding and profiteering
History of legislation relating to control of essential commodities
Points suggested in comments
Category 6 Adulteration
Addition of new provisions
Category 7 Theft and Misappropriation of Public Property and Funds
Theft and misappropriation of public property and funds
Category 8 Trafficking in Licences
Trafficking in licences, permits etc
Trafficking to be dealt with by special enactments
Problem of crime a complex one
Appendix 1 Existing Statutory Provisions Regarding Offences Calculated to Prevent or Obstruct the Economic Development of the Country and Endanger its Economic Health
Appendix 2 Existing Statutory Provisions Regarding Evasion or Avoidance of Tax or Duty and The Consequent Penalty Thereof
1. The Indian Penal Code (45 of 1860)
2. The Indian Stamp Act, 1899 (2 of 1899)
3. The Central Excises and Salt Act, 1944 (1 of 1944)
4,5. The Estate Duty Act, 1953 (34 of 1953)
6. The Central Sales Tax Act, 1956 (74 of 1956)
7. The Wealth-Tax Act, 1957 (27 Of 1957)
8. The Expenditure Tax Act, 1957 (29 of 1957)
9. The Gift-Tax Act, 1958 (18 of 1958)
10. The Income-Tax Act, 1961 (43 of 1961)
11,12. The Customs Act, 1962 (52 of 1962)
13. The Companies (Profits) Surtax Act, 1964 (7 of 1964)
Appendix 3 Existing Statutory Provisions Penalising Misuse of Position by Public Servants (other than Theft, Co Bribery, Misappropriation and Breach of Trust) Occurring in Various Statutes
Offences regarding misuse of position, etc
Appendix 4 Existing Statutory Provisions Regarding Offences in the Nature of Breaches of Contracts Resulting in Delivery of Goods not According to Specifications
Appendix 5 Existing Statutory Provisions as to Hoarding and Black-Marketing
Appendix 6 Existing Statutory Provisions Relating to Adulteration of Food and Drugs
Appendix 7 Existing Statutory as to Theft and Misapropriation of Public Property and Funds
The Prevention of Corruption Act, 1947
Appendix 8 Existing Statutory Provisions Relating to Trafficking in Licences, Permits, Etc
Industries etc. Act, 1951
Appendix 9 Provisions of the Defence of India Rules, 1962 Relevant or Analogous to the Offences in Question
Appendix 10 List of Central Acts Pertaining to Anti-Social Offences, other than Offences Listed by The Santhanam Committee
Appendix 11 Provisions of the Income-Tax Act, 1961 (43 of 1961) Referred to in Report of the Committee on Prevention of Corruption-Page 271 (Middle) as Offering Scope for Evasion
Appendix 12 Summary of Certain Points as to Tax Evasion Etc., Discussed in the Report of Income-Tax Investigation Commission, 1949 Presided over by Shri Vardachariar
Appendix 13 Points as to Evasion and Avoidance Discussed in The Report of The Taxation Enquiry Commission (1953-54)
Appendix 14 Summary of The Points Made in Indian Tax Reform by Mr. Kaldor, Department of Economic Affairs, Ministry of Finance, Government of India (1956)
Appendix 15 Tax Evasion-prosecutions in India for-extracts from Report of The Direct Taxes Administration Enquiry Committee (1958-59)
Appendix 16 Extracts from The Criminal Code of The Hungarian People's Republic, 1962
Sections 124 and 125
Sections 144 and 153
Sections 196 and 198
Sections 224 and 225
Sections 226 to 228
Sections 229 and 230
Sections 231 and 232
Sections 233 to 235
Sections 236 and 237
Sections 238 to 240
Sections 241 to 243
Sections 244 to 247
Sections 248 to 250
Sections 251 and 252
Sections 291 to 298
Appendix 17 Extract of Certain Sections of The Penal Code of Norway ("Norwegian Penal Code", 1961) Published in The American Series of Foreign Penal Codes
Extract of Certain Sections of The Penal Code of Norway
Appendix 18 Extracts of Certain Sections or The Argentina Penal, Code Taken from The Translation Published in The American Series of Foreign Penal Codes (1963)
Appendix 19 English Law Relating to Spreading False Rumours to Affect Prices, Etc
Appendix 20 Position at English Law Regarding Certain Offences
Appendix 21 Economic Crimes in Certain Eastern-European Countries
Appendix 22 Tax Evasion Provision In U.S.A. (Section 7201, Internal Revenue Code)
Section 7201. Internal Revenue Code
Administrative Machinery
Appendix 23 The Penal Code and The Prevention of Corruption, Etc., Act
Chart No. 1 Obtaining gratification
Chart No. 2 Obtaining valuable thing without consideration
Chart No. 3 Misappropriation, etc
Appendix 24 Substandard Goods and Cheating
Appendix 25 Some Provisions of Hindu Law Regarding High Prices and Adulteration
Appendix 26 Food Adulteration Laws of Some Countries
Appendix 27 Basic Principles For Pure Food Laws
Appendix 28 Provisions in Tasmania (Australia) Regarding Anti-Social, Etc., Offences
Appendix 29 Canadian Laws as to Anti-Social, Etc. Offences
Extracts from Canadian Criminal Code, 1955
Extracts from Canadian Criminal Code
Appendix 30 Conspiracy to Commit Public Mischief-English Law
Appendix 31 Proposals as shown in The Form of Draft Amendments to The Indian Penal Code
Appendix 32 Proposed Amendments to The Code of Criminal Procedure, 1898

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