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Fugitive Economic Offenders Act: Tightening the Noose on High-Value Economic Crimes

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A Delhi court has declared a U.K.-based arms consultant as a Fugitive Economic Offender (FEO) under the Fugitive Economic Offenders Act, 2018, marking another high-profile case under this law.


What is the Fugitive Economic Offenders Act, 2018?

  • Enacted to deter economic offenders from evading Indian legal jurisdiction by staying abroad.

  • Fugitive Economic Offender (FEO):

    • An individual against whom an arrest warrant has been issued for a scheduled offence.

    • Has either left India to avoid prosecution or refuses to return to face legal proceedings.


Key Features

  • Scheduled Offence:

    • Any offence listed under the Act's Schedule, involving economic crimes worth ₹100 crore or more.

  • Declaration Process:

    • Application must be filed by an authorised authority (e.g., ED) before a Special Court.

    • Special Court = Designated Sessions Court under the Prevention of Money-Laundering Act, 2002.

  • Consequence of Declaration:

    • Enables confiscation of properties, including benami assets, even without conviction.


Why It Matters for UPSC

  • Significant for GS Paper 2 (Governance, Transparency, Accountability) and GS Paper 3 (Economic offences).

  • Related to topics like Money Laundering, Criminal Justice Reforms, and Judicial Framework.


UPSC Prelims MCQ

Q. With reference to the Fugitive Economic Offenders Act, 2018, consider the following statements:

  1. Only individuals involved in offences exceeding ₹500 crore can be declared FEOs.

  2. The declaration of a person as a Fugitive Economic Offender can be made only by a Special Court.

  3. The Act allows confiscation of properties even before conviction.

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 2 and 3 only

C. 1 and 3 only

D. 1, 2 and 3


Answer: B. 2 and 3 only

Explanation:

  • Statement 1 is incorrect: The threshold is ₹100 crore, not ₹500 crore.

  • Statement 2 is correct: Declaration is made by a Special Court.

  • Statement 3 is correct: The law permits confiscation of properties pre-conviction.


UPSC Mains Question (GS Paper 2)

“The Fugitive Economic Offenders Act, 2018 is a critical tool in India’s fight against economic crimes, but it also raises concerns about due process.” Critically examine.


 
 
 

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