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Trending: Call for Papers Volume 6 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CYBER CRIME AND WHITE-COLLAR CRIME: A LEGAL FRAMEWORK AND CHALLENGES IN INDIA – Rohit R & Vaishali T

ABSTRACT

White-collar crime, typically non-violent and motivated by financial gain, has increasingly migrated into digital spaces, particularly in India where rapid technological growth and widespread online transactions have transformed traditional economic offences. White-collar cybercrime combines technology with deception to manipulate trust and commit fraud. Common forms include Phishing, Spoofing, Vishing, Pharming, Credit card fraud, and other sophisticated financial attacks. This study aims to identify the major types of white-collar cybercrimes currently prevalent and assess their impact on society and the economy. The research critically examines India’s existing legal framework primarily the Information Technology Act, 2000 and its ability to curb cyber-enabled financial crimes. It also discusses key international and domestic enforcement mechanisms, including the Budapest Convention on Cybercrime, along with notable cases such as the Sony Pictures Hack and the Bernie Madoff Ponzi Scheme. Findings highlight significant enforcement challenges, including technological complexity, inadequate investigation skills, and limited legal provisions. The paper concludes by recommending stronger corporate governance, continuous legal reform, skill enhancement among investigators, and increased public awareness to effectively combat evolving white-collar cyber threats in India.

Keywords: White collar – Cyber crime – Cyber space – Information technology – Financial offences.

INTRODUCTION

White-collar crime refers to non-violent, financially motivated offences committed by individuals in positions of trust and authority. These crimes pose critical threats to the global economy, and India is no exception. In a rapidly developing nation like India, white-collar crimes such as corruption, fraud, and bribery significantly hinder economic growth, contributing to persistent challenges like poverty and poor governance. Edwin Sutherland, in 1939, first defined white-collar crime as an offence committed by a respected and high-status individual during the course of their occupation.With technological advancements and the widespread adoption of digital platforms, traditional white-collar crimes have increasingly shifted into the cyber domain. This evolving trend has resulted in what is now identified as white-collar cybercrime, where technology becomes a tool to execute financial deception and fraud. These crimes are distinguished by sophistication, anonymity, and a high financial impact.

Common forms of white-collar cybercrime include Phishing, Spoofing, Vishing, Pharming, Spam, Credit card fraud, and Financial scams such as Ponzi schemes. Attackers exploit digital systems, manipulate trust, and trick individuals or organisations into revealing sensitive data for illegal monetary gain.In India, the growing overlap between cybercrime and white-collar criminal behaviour presents major legal and enforcement challenges. An effective response requires strong legal frameworks, technological expertise, and enhanced public awareness to secure the nation’s cyberspace and financial integrity.