Litigating Insider Trading: Decoding Evidences in Cases Under SEBI (Prohibition Of Insider Trading) Regulations, 2015

Litigating Insider Trading: Decoding Evidences in Cases Under SEBI (Prohibition Of Insider Trading) Regulations, 2015

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Volume 14 Issue 3 ()

Insider trading is a grave crime since it endangers investor interests and trust in the securities market. On the other hand, the charge is serious, especially where criminal liability is involved, and therefore those accused of insider trading need adequate protection from wrongful conviction. This makes it imperative for there to be adequate and compelling evidence to substantiate a charge of insider trading. The charge of insider trading is constituted of several elements, each of which require evidence to establish or disprove. This paper examines the evidences submitted by both, the prosecution and the defence in proving or disproving each prong of the charge of insider trading, and incidentally touch upon some key discussions and debates. First, it examines the evidences taken into account by adjudicating and appellate authorities while determining if the information in question is unpublished price sensitive information. Next, it explores the evidences that attest to or refute the status of a person as an insider with possession of unpublished price sensitive information. Lastly, it decodes the evidences that rebut the presumption that an insider trading with possession of unpublished price sensitive information traded on the basis of such information.

Cite as: Gayatri Puthran, Litigating Insider Trading: Decoding Evidences in Cases Under SEBI (Prohibition Of Insider Trading) Regulations, 2015, 14 NUJS L. Rev. 389 (2021)