FINANCIAL AND SYSTEMIC FRAUD LEGAL FRAMEWORK AND CHALLENGES BY DR. NANDA PARDHEY

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LEGAL FRAMEWORK AND CHALLENGES

FACTS, TRAITS AND INSTRUMENTALITIES

COVER TOPIC

White-Collar Crime:
Non-violent crimes committed by educated professionals, business executives, or government officials using their job positions. Instead of physical force, they use deception to steal large sums of money.
Fraud:
Tricking or deceiving someone into giving up their money, property, or legal rights. It simply means lying or hiding facts to make an unfair financial gain at someone else’s loss.
Cyber Crime:
Any illegal activity done using phones, computers, or the internet. Common examples include hacking into systems, tricking people into giving OTPs, stealing bank details online, or creating fake digital profiles.
Money Laundering:
The process of making “dirty money” (earned through illegal activities like drug trading or bribery) look like “clean, legal money.” The money is moved around through different bank accounts or businesses until its illegal origin is hidden.
Corporate Frauds:
Scams carried out by business owners, company executives, or auditors. They fake their company’s financial records to trick investors, cheat banks out of huge loans, or steal company funds for personal use.
Corruption:
Abusing a position of power, government role, or official authority for personal gain. The most common form is asking for or taking bribes to get work done.

Description

ABOUT THE BOOK

Financial and Systemic Fraud: Legal Framework and Challenges—Facets, Traits, and Instrumentalities: This book presents a comprehensive examination of the evolving legal framework governing various forms of fraud under the diverse legislative regime in India. It systematically explores both the civil and criminal dimensions of fraudulent conduct, encompassing white-collar crime, corporate fraud, cyber fraud, corruption, and money laundering. The book critically analyses the statutory framework under key legislations, including the Bharatiya Nyaya Sanhita, 2023, the Companies Act, 2013, the Information Technology Act, 2000, the Consumer Protection Act, 2019, the Prevention of Corruption Act, 1988, the Central Vigilance Commission Act, 2003, the Banking Regulation Act, 1949, the directives and circulars issued by the Reserve Bank of India, and the Prevention of Money Laundering Act, 2002.

The work further scrutinizes the theoretical foundations of fraud, the diverse methods employed in financial and cyber-enabled offences, landmark judicial decisions, investigative mechanisms, and the role of regulatory authorities in preventing, detecting, investigating, and prosecuting economic and financial crimes. By integrating doctrinal analysis with practical illustrations, contemporary case studies, and judicial precedents, the book provides valuable insights into the causes, characteristics, consequences, judicial interpretation, and regulatory challenges associated with financial and systemic frauds.

Designed as a comprehensive reference, this book will be of significant value to law students, researchers, scholars, legal practitioners, judicial officers, law enforcement agencies, corporate professionals, policymakers, regulators, and academicians seeking an in-depth understanding of fraud prevention, legal regulation, investigation, prosecution, judicial approaches, and governance within the modern economic and digital landscape. It also offers a critical examination of the legal and regulatory responses to the multifaceted challenges posed by financial and systemic frauds in India.