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Report No. 47

The Trial and Punishment of Social and Economic Offences

Contents
Chapter 1 Introductory
Reference to the Commission
White-collar crimes
Chapter 2 Scope of The Inquiry
Scope of The Inquiry
Chapter 3 Our Approach
Our Approach
Need for stringent action
Chief Justice Cooley's observations
Preventive detention
Chapter 4 Measures so far Adopted
Measures so far adopted
Provision as to publication
Instances of provisions for minimum punishment in other Acts
Confiscation
Chapter 5 Causes of Defective Enforcement
Variety of provisions made to deal effectively with social and economic offences
Non-enforcement of the law because of failure of report or failure to investigate the offence
Lack of legal expertise
Want of evidence
Chapter 6 Existing Position with Reference to Important Enactments
Detailed discussion of existing position with reference to important enactmentsDetailed discussion of existing position with reference to important enactments
Chapter 7 Desirability of Amendments-substantive Points Common to all The Acts Considered
General matters common to all Acts considered
Quantum of punishment
Mandatory imprisonment and minimum term of imprisonment
Madras case under the same Act
Applications for enhancement not frequent
Inadequacy of sentence-Observations regarding
Chapter 8 Corporations and Their Officers
Corporations
Points relating to Imports and Exports Act
Chapter 9 Desirability of Amendments as to Jurisdiction, Procedure and Limitation
Introductory
Disclosure of case by the accused
Review of Judgment
Period of limitation for appeals against acquittals
Provision as to bail in major Acts
Chapter 10 Probation
Probation
Chapter 11 Requirement as to Sanction or Complaint
Requirement as to sanction, complaint or other provisions
Dispensing with sanction for prosecution
Power to direct investigation or to implicate another person
Chapter 12 Presumption and Evidence
Presumption and Evidence
Chapter 13 Tender of Pardon
Tender of Pardon
Chapter 14 Administrative Adjudications
Administrative Adjudications
Chapter 15 Recommendations as to Individual Acts
Central Excise and Salt Act-Addition of offence as to unauthorized removal
Observations of Study Team
Foreign Exchange Act-Stoppage of business recommended
Foreign Exchange Act-Amendment regarding seizure recommended
Cancellation of passport during investigation
Foreign Exchange Act-Interception of postal articles
Prevention of Food Adulteration Act-Summary trial
Canned Foods
Maximum punishment under the Essential Commodities Act
Restriction on unnecessary examination of tax-payers
Failure to pay tax-punishment suggested
Failure to pay tax-punishment suggested
Tampering with Customs documents
Chapter 16 Preventive Detention
Preventive Detention
Chapter 17 Interference by writs with Investigation
Interference by writs with Investigation
Chapter 18 Miscellaneous
Miscellaneous
Summary of Major Recommendations
I. Central Excises and Salt Act, 1944
II. Foreign Exchange Regulation Act, 1947
III to V. Prevention of Food Adulteration Act, 1954
VI. Income-tax Act, 1961
VII. Customs Act, 1962
VIII. Gold Control Act, 1968
IX. Amendments common to more than one Act1
X to XIII. Amendment of the Indian Penal Code
XIV. Amendment of the Imports and Exports (Control) Act, 1947
XV to XX. Amendment of the Drugs and Cosmetics Act, 1940
Appendix 1 Amendments Recommended in Various Central Laws
Amendments Recommended in Various Central Laws
I. Central Excises and Salt Act, 1944
II. Foreign Exchange (Regulation) Act, 1947
III. Prevention of Food Adulteration Act 1954
IV and V. The Essential Commodities Act, 1955
VI. Amendments in the Income-tax Act
VII. Customs Act
VIII. Gold Control Act
IX. Amendments common to more than one Act
IX. Statement of case by the accused
X. Amendments to the Indian Penal Code
XI. Amendment of the Code of Criminal Procedure
XII. New Act Creating Special Courts
XIII. Amendments in the Passports, Act, 1967
XIV. Imports and Exports Control Act, 1947
XV. Amendments to the Drugs and Cosmetics Act, 1940
XVI and XVII. Companies Act, 1956
Appendix 2 Figures as to Convictions and Punishments
Foreign Exchange
Appendix 3 Law Commission of India
Questionnaire on The Trial and Punishment of Social and Economic Offences


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