Economic Offence

ee-kuh-NOM-ik uh-FENS

A crime that involves financial fraud, corruption, money laundering, tax evasion, securities fraud, or other offences that primarily harm the economic interests of individuals, institutions, or the State — typically involving sophisticated methods and significant sums.

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Definition

Financial Crime White Collar Crime Commercial Fraud

A crime that involves financial fraud, corruption, money laundering, tax evasion, securities fraud, or other offences that primarily harm the economic interests of individuals, institutions, or the State — typically involving sophisticated methods and significant sums.

Economic offences are a broad category of crimes in Indian law that span multiple statutes: (a) Banking fraud — under Section 447 Companies Act, 2013 and Section 138 Negotiable Instruments Act; (b) Securities fraud — SEBI Act, 1992; (c) Money laundering — Prevention of Money Laundering Act (PMLA), 2002; (d) Tax evasion — Income Tax Act, Black Money Act; (e) Benami property — Benami Transactions (Prohibition) Act, 1988; (f) Foreign exchange violations — Foreign Exchange Management Act (FEMA), 1999; (g) Corruption — Prevention of Corruption Act, 1988. Economic offences are investigated by specialised agencies: Enforcement Directorate (ED) for PMLA/FEMA, Serious Fraud Investigation Office (SFIO) for company frauds, CBI for corruption and major frauds.

Statutory Definition

No single statutory definition of 'economic offence.' Section 2(1)(da), Prevention of Money Laundering Act, 2002 provides a non-exhaustive list of 'scheduled offences' — which includes financial crimes under various acts that constitute the predicate offences for money laundering. Section 447, Companies Act, 2013 defines fraud as 'any act, omission, concealment of any fact or abuse of position committed by any person or any other person with the connivance in any manner, with intent to deceive, to gain undue advantage from, or to injure the interests of, the company or its shareholders or its creditors or any other person.'

Etymology & Origin

From Greek 'oikonomia' (household management, economy) from 'oikos' (house) + 'nomos' (law). 'Economic offences' are literally crimes against the 'law of the household' — the financial arrangements of society — as opposed to crimes against persons.

Full Legal Analysis

This Term in Indian Statutes

PMLA 3
strict

Prevention of Money Laundering Act, 2002, 2002

"Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering."

Money laundering: typical economic offence — concealing proceeds of scheduled offences; investigated by Enforcement Directorate

Other Legislation

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