Content LB 3034 Law of Crimes III 2016

LL.B.
III Term
Paper: LB – 3034 - Law of Crimes-III
(Socio-Economic Offences)
Topic 1: Introduction to the Socio-Economic Offences
(A) Concept and Evolution of ‘Socio-Economic Offences.’

(B) Nature and Extent of Socio-Economic Offences.
(C) Mens Rea, Nature of Liability, Burden of Proof and Sentencing Policy.
(D) Concept of White Collar Crimes - Sutherland’s theory of ‘Differential Association.’
(E) Distinction among Socio-Economic Offences, White Collar Crimes and Traditional
Crimes.
(F) The Socio-Economic Offences in India: The Santhanam Committee Report, 1964 and
the 47th Report of the Law Commission of India, 1972.
Topic 2: The Immoral Traffic (Prevention) Act, 1956

History, Development and Magnitude of Human Trafficking
Constitutional Provisions and Sections 370-373 of the Indian Penal Code, 1860
The 64th report of the Law Commission of India, 1975
The Immoral Traffic (Prevention) Act, 1956
1. Vishal Jeet v. Union of India & Ors, (1990) 3 SCC 318; AIR 1990 SC 1412 1
2. Gaurav Jain v. Union of India & Ors, 1997 (8) SCC 114 6
3. Krishnamurthy @ Tailor Krishnan v. Public Prosecutor, Madras, AIR 1967 SC
567; 1967 SCR (1) 586 30
4. Chitan J. Vaswani & Anr v. State of West Bengal & Anr., AIR 1975 SC 2473;
1976 SCR (2) 300 33
ii
Topic 3: The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989
Constitutional Provision (Article 17)

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Meaning of ‘atrocity,’ Sections 2(1) (a) & 3
Presumption as to offences (Section 8)
Removal of person likely to commit offence (Section 10)
Power of State Government to impose collective fine (Section16)
Preventive action to be taken by the law and order machinery (Section 17)
Section 438 of the Code not to apply to persons committing an offence under the Act
(Section 18)
5. State of Kerala & Anr v. Chandra Mohanan , 2004 (1) SCR 1155 37
6. Asmathunnisa v. State of A.P & Anr, (2011) 11 SCC 259 43
7. Vilas Pandurang Pawar v. State of Maharashtra, AIR 2012 SC 3316 49
Topic 4: The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005
Definitions of ‘Aggrieved person,’ Section 2(a); ‘Domestic Relationship,’ Section 2(f);
‘Respondent,’ Section 2(q) and ‘Shared Household,’ Section 2(s)
Definition and Meaning of ‘Domestic Violence,’ Sections 2 (g) and 3
Protection Officer: Appointment, Duties and Functions (sections 8, 5 and 9)
Provisions related to various Orders and reliefs to the aggrieved persons (Sections 17, 18,
19, 20, 21, and 22)
Penalty for breach of protection order by respondent (Section 31)
8. Indra Sarma v. V.K.V. Sarma, AIR 2014 SC 309; 2013 (14) SCALE 448 52
9. Sou. Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade & Ors., (2011)
3 SCC 650 69
10. S.R. Batra and Anr. v. Smt. Taruna Batra, (2007) 3 SCC 169 73
iii
Topic 5: The Food Safety and Standards Act, 2006
The Food Safety and Standards Act, 2006

Definition of ‘food’, ‘Adulterant’, ‘contaminant’, ‘food business’, ‘misbranded food’
Authorities under the Act:
Food Safety and Standards Authorities of India & State Food Safety and Standards
Authorities: Establishment and functions
Food Safety Officer- Power, Function and liabilities
Food Analyst
General Principles to be followed for food safety under the Act (Section 18)
Licensing and Registration of food business (Section 31)
Purchaser may have food analyzed (Section 40)
Provisions related to offence and penalties (Sections 48 to 67)
Adjudication and Appeal procedures (Sections 68 & 76)
11. M. Mohammed v. Union of India, W.A.No.1491 of 2014 77
12. M/S Nestle India Limited v. The Food Safety and Standards Authority of
India, W. P (L) No. 1688 of 2015 86
Topic 6: The Prevention of Corruption Act, 1988

Need of the Act (read with Santhanam Committee Report)
The Prevention of Corruption Act, 1988
Definitions of ‘public servant,’ Section 2 (c) and ‘gratification,’ Section 7.
Offence committed by public servant and bribe giver and their Penalties (Section 7 to 14)
Punishment for attempts (Section 15)
iv
Sanction for prosecution (Section 19 r/w Section 197 of the Code of Criminal Procedure,
1973)
Presumption where public servant accepts gratification (Section 20)
13. Kalicharan Mahapatra v. State of Orissa, AIR 1998 SC 2595 108
14. Kanwarjit Singh Kakkar v. State Of Punjab, (2011) 6 S.C.R. 895 111
15. Abhay Singh Chautala v. C.B.I, (2011) 7 SCC 141 116
Topic 7: The Prevention of Money-Laundering Act, 2002
Need for combating Money-Laundering

Magnitude of Money-Laundering, its steps and various methods
The Prevention of Money-Laundering Act, 2002
Definition of ‘Money Laundering’, Section 3 & 2(1)(p)
Punishment for Money Laundering (Section 4)
Enforcement:
Attachment (Section 5)
Survey, Search, & Seizure (Sections 16, 17 & 18)
Power to arrest (Section 19)
Adjudication under the Act:
Adjudication by Adjudicating Authorities (Section 8)
Special courts (Sections 43 to 47)
Vesting of Property in Central Government (Section 9)
Preventive Mechanisms under the Act:
Obligation of banking companies, financial institutions and Intermediaries (Sections 12
& 12A)
Reciprocal Arrangements with other countries (Overview of Chapter IX i.e. Sections 55
to 61)
v
16. Ram Jethmalani v. Union of India, (2011) 9 SCC 761 125

17. Binod Kumar v. State of Jharkhand & Ors, (2011) 11 SCC 463 141
18. B. Ramaraju v. Union of India, W.P. No. 10765 of High Court of A.P. 2011
(164) Company Case 149
Prescribed Books:
Mahesh Chandra, Socio- Economic Offences (1979)
J.S.P. Singh, Socio- Economic Offences (1st Ed., 2005, Reprint 2015)
Ahmed Siddiqui, Criminology: Problems and Perspectives (4th Ed., 1997)
B.R. Boetra, The Immoral Traffic (Prevention) Act 1956 (with state rules) (4th Ed.,
1988)
P.S. Narayan, Commentary on Immoral Traffic Prevention Act, 1956 (2nd Ed., 2013)
T.V. Nawal, Legally Combating Atrocities against SC and ST, (2004)
Lawyers Collective (Ed. by Indira Jaising), Handbook on Law of Domestic Violence, (1st
Ed., 2009)
Kumar (Revised by Justice A.B. Srivastava and C.S. Lal), Commentaries on Prevention
of Food Adulteration Act, 1954 with Central and States Rules alongwith Food Safety
and Standards Act, 2006 (3rd Ed., 2009)
Seth and Capoor, Prevention of Corruption Act with a treatise on Anti- Corruption
Laws (3rd Ed., 2000)
M. C. Mehanathan, Law on Prevention of Money Laundering in India (2014)
Suggested Readings:
Relevant Provisions of Universal Declaration on Human Rights, 1948
International Convention for Suppression of Immoral Traffic in Persons and of the
Exploitation of the prostitution of others, 1951
Convention on Elimination of All Forms of Discrimination Against Women, 1979
Relevant Provisions of UN Convention against Illicit Traffic in Narcotic Drugs & P.
Substances, 1988
Declaration on Elimination of Violence Against Women, 1993
UN Political Declaration & Action Plan against money laundering 1998
vi
SAARC Convention on Preventing and Combating Trafficking in Women & Children for
Prostitution, 2002
UN Convention against Corruption, 2003
Santhanam Committee Report on Prevention of Corruption in Central Government
(1964)
vii
LL.B. III Term
Law of Crimes-III
(Socio-Economic Offences)
Cases Selected and Edited By

S.C. Raina
Alok Sharma
Madhu Bhatti
Irwin L. Hnamte
Rahul Kumar
Kajal Jhamb
Sunil Kumar
Neha Verma
Harpreet Kaur
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110007
July, 2015

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LL.B.

Topic 1: Introduction to the Socio-Economic Offences

(A) Concept and Evolution of ‘Socio-Economic Offences.’

Topic 2: The Immoral Traffic (Prevention) Act, 1956

Constitutional Provision (Article 17)

Topic 5: The Food Safety and Standards Act, 2006

The Food Safety and Standards Act, 2006

Topic 6: The Prevention of Corruption Act, 1988

Topic 7: The Prevention of Money-Laundering Act, 2002

Need for combating Money-Laundering

16. Ram Jethmalani v. Union of India, (2011) 9 SCC 761 125

LL.B. III Term

Cases Selected and Edited By

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