Forensic Accounting and its Legal Framework in India
Keywords:
Forensic Accounting, Fraud, Legal framework, White-collar crimes, SFIO.Abstract
In the globalised and liberalised business environment of the last few years, we face a drastically increasing volume of frauds, especially in the financial sectors in India. The Indian financial services sector has witnessed exponential growth in the last decade—a growth that has not been without its pitfalls, as incidents of fraud have also been on the rise. Forensic accounting gained importance due to increasing number of financial frauds and scams. This new area in accounting encompasses accounting, auditing, and investigative skills, thus emerged to detect frauds. Maurice E. Peloubet coined the term ‘Forensic Accounting’ in 1946. Kautilya was the first economist to articulate the need of forensic accountants. The growing arena of business and surging number of white-collar crimes that have led to the development of Forensic Accounting. Forensic Accounting borrows knowledge from Accounting, Finance, Law Computerization, Ethics, Criminology, etc. While Forensic Accounting developed as early as 1995 in USA, it put its first step in India just few years back. In the last decade, India has witnessed several financial frauds. Combating these frauds is a challenge and forensic accounting helps in the detection and investigation of these kinds of fraudulent activities. This paper aims at throwing light on Forensic Accounting. It encompasses the terminology, a brief note on its historical perspective, its evolution in India and legal framework refers to forensic accounting in India. Forensic Research Foundation has been established in India for the investigation of fraud. Serious Fraud Investigation Office (SFIO) is another noteworthy organization set up in India for serving the same purpose. Contribution from ICAI and Accounting standard on Forensic Accounting may strengthen the walk of Forensic Accounting from infancy to maturity. This new weapon of Forensic Accounting will be an immense help to law enforcement agencies and regulatory bodies in curbing white-collar crimes and scams.
References
1. Ansari KM. (2005) . Corruption and Forensic Accounting. Ohio CPA Journal; July-September. Arnold Shields, 2009.
2. Bhasin Madan . (2007). Forensic accounting: A New Paradigm for Niche Consulting. The Chartered Accountant, ICAI 106.
3. Crumbley DL, Heitger LE, Smith GS, (2005). Forensic and investigative accounting. CCH Group, Chicago, IL.
4. Debroy Bibek , Bhandary Laveesh . Corruption in India . www.world financialreview.com/?p=1575.
5. Enyi Patrick Enyi . Detecting Causes of Variances in Operational Outputs of Manufacturing Organizations: A Forensic Accounting Investigation Approach. SSRN- id1144783. Forensic Accounting.
6. Forensic Accounting : An Investigative Approach of Accounting . SSRN- id1789123.
7. History of Forensic Accounting . http://www.dolmanbateman.com.au/125/his tory-offorensic-accounting/ Bhasin, Dr. Madan, 2007. JCGIBL (2020) 14–19 © Law Journals 2020. All Rights Reserved Page 19
8. Lighting the Fraud Examination in India . Complete resource guide on Fraud Examination in India ‟, report by India forensic Research Foundation, www. indiaforensic.com/fraudsinndia.pdf.
9. www.wikipedia.com Cite this Article P. Bala Muralidhar . Forensic Accounting and its Legal Framework in India . Journal of Corporate Governance & International Business Law . November 2020; 3(2): 14– 19p.
