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Regulating Market Integrity: A Critical Analysis Of Insider Trading Laws In India And Their Impact On Foreign Investment Confidence In An Evolving Global Financial Landscape




Adhisri Bnaerjee, Amity University, Kolkata

Shirshendu Guha, Amity University, Kolkata


“The stock market is a device for transferring money from the impatient to the patient.”

- Warren Buffet


ABSTRACT


Insider trading is widely viewed as a significant threat to the fairness and integrity of securities markets. It entails trading in securities using unpublished price-sensitive information (UPSI), which unfairly benefits certain individuals at the expense of regular investors. In India, the regulations surrounding insider trading have undergone considerable changes, especially under the oversight of the Securities and Exchange Board of India (SEBI). The SEBI (Prohibition of Insider Trading) Regulations, 2015 represented a substantial move towards stricter compliance, improved disclosure requirements, and better enforcement strategies. This article explores the concept of insider trading, outlines the development of its regulatory framework in India, and critically assesses its effects on foreign investment confidence. It posits that strong insider trading regulations are crucial not only for upholding market integrity but also for attracting and maintaining foreign investment. The article also reviews significant legal cases and regulatory obstacles, and proposes reforms to enhance enforcement and boost investor confidence.


Keywords: Insider Trading, SEBI, UPSI, Foreign Investment, Market Integrity, Securities Law



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

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.

 

Disclaimer:

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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