''कानून का डर नहीं, न्याय पर भरोसा रखें''; पूर्व CJI संजीव खन्ना का साइबर अपराधों पर बड़ा संदेश

‘विकसित भारत-2047’ को साकार करने के लिए वित्तीय अपराधों से निपटने की रणनीतियों, शासन ढांचों और नैतिक जिम्मेदारियों पर चर्चा हुई.

Transcript

00:00to three categories. The first and the most serious are the crimes motivated by greed or

00:09advantage. They are premeditated or intended to form an act of failure by an individual

00:16or an organization in a financial setting. The crimes in this list would include fraud,

00:24embezzlement, insider trading, cybercrime, money laundering, intentional tax evasion, corporate

00:33spoilage. The highest amongst them in terms of seriousness and harm is bribery and corruption.

00:43The second category of wrongdoings is unintentional, largely due to lack of awareness or knowledge.

00:51It is without malicious or bad mental intent. These offenses, according to me, generally

00:59should be dealt with differently and not equated with the acts of commission or mission with

01:06malicious intent. While ignorance of law is no excuse, one cannot lose sight of the factum

01:14that the rules are complex even beyond the understanding of those connected with the field or can be

01:22excessive or poor borrowing. The third category of financial crimes are technical or procedural

01:31wrongs like not taking prior permission, filing errors, compliance oversight which happens due to

01:39the misunderstanding of law or lack of awareness. The difficulty arises when the legislature equates the first

01:49category of white collar crimes with other categories or disproportional punishment is prescribed with

01:57minimum penalties or even sentence of imprisonment. Notwithstanding the lapse is

02:02notwithstanding the lapse, involuntary or without intent to gain financially or cause harm but on account of lack of

02:09awareness, knowledge of contribution. At times the legislature equates in three categories as mental intent is

02:19always difficult to prove and establish. We now have reverse standard of proof that the accused will have to prove his

02:25innocence. This is subject matter of challenge in various courts. What the way the courts will go in terms of

02:38constitutional protections will have to be looked into. However, will it be fair and just to punish a person who has acted without a

02:48deceit, bad or malicious mental intent is a question which requires attention.

02:55We are humans. We make mistakes and errors. The law to make law of mistakes has been accepted. The law to make mistakes has been

03:05accepted in some developed countries which take into account that humans do make errors as long as the error is not caused by

03:14malicious or bad intent. Those have to be dealt with simply. We have what is called strict liability

03:23offences. These are offences in which no mental intent is required. It's like jumping.

03:31This is not according to the law of mistakes. Some of the people has to take the stress

03:36and then how to make mistakes are used to be found that you need to be able to help your

03:41mistakes, even if you can think. Time to try to be dealt with the question of the law to make a mistake at the

03:44describe the principle of the law. The law is the law to make a decision to make a decision. It's a law to prevent

03:50case of democratic law. If it's a law, right, you're the law to make a decision to make decisions about a