Supreme Court Judge on How Advanced Tech Can Prevent White-Collar Crimes
11.07.2024 – Supreme Court Judge Justice Hima Kohli recently highlighted the critical role of advanced technology in combating white-collar crimes. Speaking at the “Second Discourse on Judicial Perspective on Economic Offences and Corporate Malfeasance,” organized by the Centre for Discourses in Criminal and Constitutional Jurisprudence, Justice Kohli emphasized the need for a “multipronged and nuanced” approach to tackle these sophisticated crimes.
Justice Kohli asserted that leveraging advanced technologies such as data analytics, artificial intelligence, and blockchain could significantly enhance the detection, investigation, and prosecution of white-collar crimes. These technologies, she noted, are essential for keeping pace with the evolving nature of economic offences.
“White-collar crime presents a formidable challenge to India’s judicial and economic systems, necessitating a nuanced and comprehensive response,” said Justice Kohli. “The judiciary, supported by robust legislative frameworks and dedicated institutional mechanisms, is pivotal in addressing these offences. Establishing specialized courts assisted by experts in financial and economic crimes is essential for timely and effective adjudication.”
She further differentiated between traditional and white-collar crimes, explaining that traditional offences often stem from emotions like anger or revenge and can involve meticulous planning and execution by those with a criminal history. In contrast, white-collar crimes are driven by greed, characterized by careful planning and execution by individuals with professional assistance. While traditional crimes inflict physical and emotional harm, white-collar crimes result in significant financial and reputational damage.
Justice Kohli also stressed the importance of ensuring robust cybersecurity controls to address digital frauds, effective management of third-party risks, and fostering a compliance culture in financial institutions. She advocated for digital case management systems to streamline judicial processes, reduce delays, and improve efficiency.
“Continuous training and capacity building for law enforcement agencies, prosecutors, and judges are critical for staying ahead of the evolving curve of these crimes,” she said. “Strengthening these areas can help build a more resilient and transparent legal system that upholds justice and integrity, mitigates the impact of white-collar crime, and fosters a society where trust and accountability are paramount.”
By integrating advanced technologies and enhancing institutional mechanisms, Justice Kohli believes the judiciary can better address the challenges posed by white-collar crimes, ensuring a fair and effective legal system.