This workshop discusses the investigation of misconduct within an organization, which may include policy violations, breaches of discipline, or non-compliance with internal processes.
It emphasizes the importance of following consistent principles and procedures to protect the company's reputation and shareholders' interests.
The focus should be on finding facts related to the incident, determining whether misconduct occurred, and identifying areas of improvement.
– Importance of Handling Internal Investigations appropriately.
– White Collar Crimes.
– Discussion pertaining to acts having provisions pertaining to Fraud, Dishonesty and other Misconducts- Indian Penal Code, Contract Act, Prevention of Money Laundering Act, Prevention of Corruption Act, FEMA, Companies Act etc., Model Standing Orders and Code of Conduct of various organizations.
– Cognizable, Non-cognizable, Bailable, Non-Bailable, Compounding of offences.
– Departmental investigations, departmental enquiries and Indian Evidence Act.
– Electronic evidence and admissibility in the court.
– Fact finding Investigations.
– Admission of guilt during investigations.
– Difference between departmental investigations and departmental enquiries.