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Inclusion Of Mens Rea For Insider Trading




Ashutosh Chandra, Jindal Global Law School

ABSTRACT

Currently, in India, insider trading has been considered a civil violation rather than a criminal one. There are case laws in India and elsewhere that have considered mens rea aspect when committing the act. However, the onus of proving mens rea has been forgone as per the latest pronouncements, and only the actions of an insider are considered when the violation is heard. In furtherance of the same, this research paper will argue that courts in consideration of their decision must consider the element of mens rea. For the same, the research paper will delve into case laws and provide for consequences of not considering the mental element.

Keywords: Insider Trading, Mens Rea, Financial Crime, Rakesh Agrawal

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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