Beyond Borders: A Comparative Study Of Extraterritorial Insider Trading Enforcement In India
- IJLLR Journal
- Jun 6
- 1 min read
Aditi G, BA LLB, O.P. Jindal Global Law School
ABSTRACT:
Hindustan Lever Limited v. SEBI1 was one of the earliest cases in India in regard to insider trading where the terms ‘insider’ and ‘unpublished price sensitive information’ was coined and clearly defined in the wake of the rising concerns around such activities. Earliest efforts towards prevention of insider trading were made though the SEBI (Prohibition of Insider Trading) Regulations of 1992. Insider trading has been a growing concern, especially with the increased globalized economy where cross-border transactions are extremely common. Through the years, a robust framework has been developed in Indian to place control on and prevent insider trading through various SEBI Regulations. However, in the international sphere, India has lagged in enacting adequate provisions with extraterritorial applicability to effectively deter insider tradi ng committed by foreign nationals, thereby allowing numerous individuals and entities to evade legal accountability.
This paper undertakes a comprehensive and critical analysis of the prevailing legal framework of insider trading within the Indian jurisdiction, with a particular emphasis on the complex issue of cross- border insider trading perpetrated by foreign nationals and the discernible lacunae within the extant regulatory architecture. Further, the paper will engage in a comparative analysis with the legal frameworks of the United States and European Union who have adopted stringent laws to prevent such activities. By juxtaposing the existing legal structure with the perils of regulatory insufficiency in this domain, this paper seeks to advocate for a reconsideration and recalibration of the legislative framework, urging substantive amendments and refinements aligned with the contemporary global economic landscape to more effectively combat insider trading on a transnational scale.
