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ARTICLE · 08 JANUARY 2019

Fugitive Economic Offenders Act, 2018 – Deliberate Or Desperate?

This leads to an analysis as to why was there the need to enact the said Act.

IndiaCriminal Law

BACKGROUND

The recent extradition order of Mr. Vijay Mallya passed on December 10, 2018 by the Westminster Magistrate's Court in UK surely comes as a huge sigh of relief for the government and the Indian banks currently under enormous pressure with a long list of bad loans and absconding promoters. The UK order has now been swiftly followed up by the special PMLA court in Mumbai which declared Mr. Vijay Mallya a 'fugitive economic offender' under the Fugitive Economic Offenders' Act, 2018 ("the said Act") on 5th January 2019. 

This leads to an analysis as to why was there the need to enact the said Act. The answer lies in some alarming statistics. The number of fraud cases reported by banks, which generally averaged around 4,500 cases a year in the past 10 years skyrocketed to a shocking number of 5,835 cases in the year 2017-18. This year itself it has been estimated that the banking and finance sector has suffered losses of a staggering amount of Rs. 41,000

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