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Sep 30, 2022

SC Held That Mere Possession of UPSI is Insufficient to Constitute “Insider Trading”

In Securities Exchange Board of India v. Abhijit Rajan,[1] the SC held that for an offence of insider trading under the Securities and Exchange Board of India (Prohibition of Insider Trading Regulations), 1992, the motive to make profit / gain is essential. If a person enters into a transaction which is likely to result in loss, he cannot be accused of insider trading.

 

[1] Securities Exchange Board Of India v. Abhijit Rajan, 2022 SCC OnLine SC 1241.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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