NEW DELHI: The former Chief Justice of India, Justice Sanjiv Khanna, on Saturday called for a more sensitive and nuanced approach in the application of laws that govern financial frauds .
"Every act or failure to act that has financial implications cannot be painted with the same brush," he said, urging lawmakers to draw clear distinctions between intentional fraud, unintentional error, and procedural lapse.
Justice Khanna was addressing the TPF-Dayitva: National Legal Conference on Combating White-Collar Crime, organised by the Terapanth Professional Forum (TPF) at Bharat Mandapam, New Delhi.
Justice Khanna observed that not all financial irregularities should be treated alike. "In my view, such cases must be dealt with differently," he remarked. "While ignorance of the law cannot be an excuse, the real difficulty arises when the legislature equates white-collar crimes with conventional offences, ignoring the degree of intent and mental element involved", he added.
He noted that financial offences can broadly be classified into three categories, those committed with clear criminal intent, those arising from negligence or misunderstanding and those resulting from procedural lapses. "He emphasised that mental intent, is the key differentiator.
Justice Khanna also expressed concern over the growing trend of reverse burden of proof in financial legislations, where the accused must prove their innocence rather than the prosecution proving guilt. Such provisions, he said, must be applied with caution. Further, the CJI added that the law must distinguish between those who act with mala fide intent and those who commit errors without any corrupt motive.
"Every act or failure to act that has financial implications cannot be painted with the same brush," he said, urging lawmakers to draw clear distinctions between intentional fraud, unintentional error, and procedural lapse.
Justice Khanna was addressing the TPF-Dayitva: National Legal Conference on Combating White-Collar Crime, organised by the Terapanth Professional Forum (TPF) at Bharat Mandapam, New Delhi.
Justice Khanna observed that not all financial irregularities should be treated alike. "In my view, such cases must be dealt with differently," he remarked. "While ignorance of the law cannot be an excuse, the real difficulty arises when the legislature equates white-collar crimes with conventional offences, ignoring the degree of intent and mental element involved", he added.
He noted that financial offences can broadly be classified into three categories, those committed with clear criminal intent, those arising from negligence or misunderstanding and those resulting from procedural lapses. "He emphasised that mental intent, is the key differentiator.
Justice Khanna also expressed concern over the growing trend of reverse burden of proof in financial legislations, where the accused must prove their innocence rather than the prosecution proving guilt. Such provisions, he said, must be applied with caution. Further, the CJI added that the law must distinguish between those who act with mala fide intent and those who commit errors without any corrupt motive.
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