LIJDLR

WHY DO WHITE-COLLAR CRIMINALS ESCAPE PUNISHMENT? ENFORCEMENT GAPS IN INDIA

Joel James J, LL.M, 4th Semester, Student at Tamil Nadu Dr. Ambedkar Law University (India)

White-collar crime has emerged as one of the most challenging forms of deviance in modern society because it is often committed by individuals who occupy positions of economic, political, or professional influence. Unlike conventional crimes, these offences are usually carried out through business transactions, financial dealings, corporate activities, or abuse of official authority. Although such crimes can cause significant economic losses and undermine public confidence in institutions, many offenders avoid meaningful punishment. This situation raises important concerns about the effectiveness of enforcement mechanisms and the ability of the legal system to hold powerful individuals accountable. This article examines why whitecollar criminals frequently escape punishment in India by focusing on the enforcement gaps that exist within the legal and regulatory framework. It explores the concept and evolution of white-collar crime and analyses its connection with elite class deviance. The study further examines factors such as political influence, economic power, regulatory weaknesses, investigative limitations, corporate complexity, and delays in prosecution that often make enforcement difficult. Particular attention is given to the role of regulatory institutions and enforcement agencies in addressing economic offences and corporate misconduct. The article argues that the problem is not merely the existence of white-collar crime but the unequal manner in which accountability is enforced. While ordinary offenders are often subjected to swift legal consequences, influential individuals and corporate actors may benefit from structural advantages that reduce the likelihood of conviction. The study also highlights the broader legal and social consequences of such enforcement failures, including economic harm, weakened public trust, and challenges to the rule of law. Finally, it suggests reforms aimed at strengthening institutional independence, improving investigations, enhancing corporate accountability, and ensuring that the criminal justice system responds more effectively to offences committed by powerful members of society.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1954–1983.
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