ANALYSIS OF THE FUGITIVE ECONOMIC OFFENDERS BILL, 2018
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Abstract
The term ‘Fugitive Economic Offender’ plainly refers to a person faced with arrest in regard to certain economic offences, who defers his/her presence at Court, either by fleeing to or refusing to return from a foreign country to avoid criminal prosecution. Such fugitive offenders often complicate the Court proceedings by tampering with the procedural norms, violating the rule of law and wasting precious time of judicial bodies. This mostly results in injustice to the society at large by offenders dodging their financial liability for commission of economic crimes, as seen in the Vijay Mallya case, Nirav Modi- PNB scam etc. In order to deter such criminals from evading the legal process of the country and to facilitate the prevention of jurisdictional hassle, the Fugitive Economic Offenders Ordinance, 2018 was promulgated by the President Ramnath Kovind in March 2018 . This dynamic Bill has two facets- one, that initiates procedure for prevention of offenders absconding from India and two, where it unfortunately entails multiple lacunae and shortcomings that could be reformed prior to it being enforced efficiently. This paper is a critical comment on the highlights and challenges of the said ordinance, with a view to portray the grey areas which were possibly overlooked or unconsidered.
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