CLAT Sample Paper UG-CLAT Mock Test-4 (2020)

  • question_answer
    A number of offences have been prevailing in the society for a long time. Offences are the illegal actions resulting from the breach of law. These offences can be classified into two main categories namely, (i) conventional offences and (ii) non-conventional offences. Conventional Offences consist of Mens Rea. For e.g., murder, theft, rape etc. Non-Conventional Offences do not contain Mens Rea. White collar crimes, socio economic offences, organised crimes, etc. are a few examples of non-conventional crime. Traditional crimes like theft, robbery, rape, murder etc. were more common and were dealt with the general law of crimes. But Socio economic crimes as its name suggest are social crimes and affects the health and morals of the public and economic crimes consist of those offences that affect the economy of the country as a whole. These are punishable under the special laws of crimes.
    Socio- economic crimes are many a time used as a synonym for white collar crimes. But extensive study states that the former is a broader term. White collar crimes are the crimes committed by people belonging to upper caste and rich backgrounds. Whereas a socio-economic offence can be committed by anybody. For e.g., a big wealthy entrepreneur or a multi-national company, guilty for tax evasion and a middle class pensioner depositing false return. Both are examples of socio-economic crimes, but only the former can be considered as a white collar crime. In Mak Data Pvt. Ltd. v. CIT petitioner concealed his income in order to evade taxes. After a show cause notice was served to him he decided to surrender a sum to avoid litigation. It was held by the SC that the sense of surrender of sum was made after the detection was made, if the intention of the appellant was good, he would have filed a return inclusive of the sum which is surrendered later after the assessment proceeding.
    The offenses that can be categorised as socio-economic offences in the country are as follows:
    1. Actions calculated and executed in order to obstruct or prevent the economic development of the country and also its economic health.
    2. Evasion of taxes
    3. Misuse of position and power by the public servants which is most likely to up as corruption.
    4. All the offences that include breach of contract and delivery of good not up to the specifications as promised.
    5. All activities related to black marketing and hoarding.
    6. The activities involving adulteration of foods and drugs.
    7. Misappropriation and stealing of public property and funds.
    8. The activities relating to trafficking of licenses, permits etc.
    Though the main feature of such offences is they that are not done particularly against one person, it affects the country at large and hence special efforts are applied in such offences. For e.g., in case of theft or assault to a person, the only person benefited by the punishment given to the offender is the one who got assaulted because the act is physical and hence it creates individual and social vengeance. But in these type of offences the for eg., if some commodities are hoarded or adulterated then though there will be a ‘'victim'’ but also the act of the wrongdoer is capable of harming a large part of the society. Thus it is most likely and injury to the whole society.
    A big wealthy entrepreneur or a multi-national company, guilty for tax evasion and a middle class pensioner depositing false return are examples of which type of crime?

    A) They are all white collar crimes

    B) They are not all examples of socio-economic crimes

    C) A middle class pensioner depositing false return is not an example of white collar crime

    D) A big wealthy entrepreneur or a multi-national company, guilty for tax evasion are examples of white collar crime.

    Correct Answer: D

    Solution :

    (d) For e.g., a big wealthy entrepreneur or a multi-national company, guilty for tax evasion and a middle class pensioner depositing false return. Both are examples of socio-economic crimes, but only the former can/be considered as a white collar crime.


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