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Sebi's Enforcement Powers And Mechanisms




Shan Sharan, Amity University, Noida


ABSTRACT


Within the sphere of Indian capital markets, which underwent rapid changes with the advancement of technology and globalization, there arose a need for proper legislation to regulate these markets. As a result, a regulatory body was established, the Securities and Exchange Board of India (SEBI). The chapter tries to explain the dynamic nature of the SEBI Act and gives an in- depth analysis of the enforcement actions taken by SEBI.


The research aims to combine legal analysis with public policy evaluation of SEBI's enforcement actions, which are extensive actions that comprise all the executive and judicial measures taken by the government. An Evaluation Policy achieves leverage by exposing issues of effectiveness, efficiency, or consequence of activity or resource use. It seeks to explain the practical results of legislation or administrative processes undertaken while their intent is political. A general review of legislation about enforcement actions shows some form of legislative instruction; however, there is a wide gap between the intent and effect of such legislation. Most rules designed to protect private-sector investors are filled with opportunities for fraud.


Keywords: SEBI, capital markets, enforcement mechanisms, SEBI Act 1992, quasi-judicial powers, PFUTP Regulations, market surveillance, insider trading, algorithmic trading, investor protection, artificial intelligence in regulation, whistleblower mechanisms, financial misconduct, regulatory technology, securities fraud, data analytics, cross-border enforcement, Securities Appellate Tribunal, RegTech, global financial regulation



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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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.

 

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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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