Abstract

The ever-increasing incidence of economic crimes in India and the tendency of criminals to flee abroad made the government realize the need for a strong legal system and in this context, the Fugitive Economic Offenders Act, 2018 was enacted. The main objective of FEOA is to take strict action against such big economic offenders who have fled abroad or refuse to return to India to avoid facing the legal process in India after committing economic fraud of ₹ 100 crore or more. This research paper presents a critical view of FEOA through an in-depth analysis of its constitutional validity, effectiveness, practical constraints and illustrative cases. Although FEOA contains stringent provisions for confiscation of property of economic offenders and denial of due process of justice, its implementation has faced several serious challenges such as confiscation of foreign assets, limitations of extradition agreements, judicial delays and violation of constitutional rights, which limit the effectiveness of FEOA. The findings of this research paper indicate that FEOA, though strong in purpose, requires international cooperation, institutional reforms, and review of legal provisions for its effective implementation. FEOA will achieve its objective only if it is implemented in a robust and equitable manner in practice

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