India and Insider Trading: Development & Regulatory Aspects

This chapter examines the evolution of insider trading regulations in India, mapping their trajectory from the pre-SEBI era to contemporary enforcement mechanisms. It begins by exploring the historical foundations of India’s securities market, tracing its early informal trading practices to the establishment of structured exchanges. The discussion then delves into the progressive development of regulatory frameworks, highlighting landmark legislative interventions such as the Securities and Exchange Board of India (SEBI) Act, 1992 and the Prohibition of Insider Trading Regulations. A critical analysis of judicial precedents and enforcement actions underscores the complexities of insider trading regulation, including challenges in detection, evidentiary standards, and the effectiveness of penalties. By comparing India’s approach with global regulatory models, the chapter evaluates the strengths and limitations of the existing framework while considering potential reforms. Through a doctrinal and comparative legal analysis, this study provides valuable insights for legal scholars, policymakers, and market regulators, contributing to the ongoing discourse on market integrity and investor protection in India’s financial ecosystem.