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Pre Trial Process Criminology Internal Security Management Relevant Legislations related to Organised Crime 1 | P a g e Role Name Affiliation Principal Investigator Prof. G.S. Bajpai Professor/Registrar, NLU Delhi Paper Coordinator Dr. Hunny Matiyani Assistant Professor, LNJN NICFS, Delhi Content Writer/Author Dr. Swikar Lama Assistant Professor, Sardar Patel University of Police, Security and Criminal Justice, Jodhpur, Rajasthan Content Reviewer Prof. G.S. Bajpai Professor/Registrar, NLU Delhi DESCRIPTION OF MODULE Items Description of Module Subject Name Criminology Paper Name Internal Security Management Module Name/Title Relevant Legislations related to Organised Crime Module Id Objectives Learning Outcome: To make the learners understand the concept of organized crime. To make the learners understand various legislations related to Organised Crime. Prerequisites General understanding of the Relevant Legislations related to Organised Crime Key words Crime, Legal, Control, Court Relevant Legislations related to Organized Crime 2 | P a g e 1. Introduction: The global nature of organized crime, terrorism, corruption and economic crime requires multilateral approach and solidarity within the international community. These forms of serious crime, in particular terrorism, continue to spread throughout the world in more sophisticated and dangerous forms. A nation considers terrorist attacks and their barbaric methods as a threat against the values of freedom, democracy, justice, the rule of law and human rights, particularly the right to life, and that is why we support all actions regarding the fight against terrorism initiated at various international fora. Crime as a phenomenon that does not distinguish national frontiers poses great challenges, which require joint efforts of all states and relevant institutions. The unique position of the United Nations, being an international organization of a global character, offers a great opportunity to tackle the problems of organized crime, terrorism, corruption and various forms of economic crime at a trans-national level. The condition of a successful strategy of the fight against terrorism and organized crime is to exceed the framework of the national frontiers towards not only international, but trans- national cooperation, since terrorism and organized crime has a trans-national nature. Fight against terrorism and organized crime requires in particular the perfect and faultless domestic legislation and an effective system of international instruments, which should ensure: i. The prevention and elimination of sources of crime, ii. Functioning of an effective law enforcement structure and mechanisms of sanctions, and iii. Universal cross border cooperation of all law enforcement authorities iv. Police, prosecuting authorities and courts of all democratic states. At the same time, it is important to take into account the principle that the fight against organized crime, including terrorism, must be compatible with fundamental freedoms and human rights that form the basic values of our civilization. We must not forget, that it is these values, against which terrorist attacks are aimed at. 2. Organized Crime in India: After independence, organised crime in India expanded into a wider range of activities and extended over larger geographical areas. The single event which brought about the greatest change in organised crime was the idea of prohibition, forbidding by law the sale and distribution of alcoholic beverages. Organised crime was able to provide illegal liquor demanded by a large number of people. So many groups/gangs came to be engaged in manufacturing illicit liquor that they started fighting with one another. Inter-rivalries amongst them led to widespread use of violence. Quite a few of these gangs, the strongest, finally dominated the scene. In the 1970s, many of these gangs extended their activity to drug trafficking. Political wrangling for separate states created a large demand for arms and weapons. Some gangs/syndicates started supplying illicit arms to insurgents, terrorists, naxalites and agitators. Some gangs further extended their activities to supplying girls to rich people in Islamic countries. Thus, the organised groups because of the large sums of money they had amassed and the elaborate organization they possessed not only widely expanded their illegal activities but also started acting as kings of the underworld. The modern era of organised crime is represented by the crime syndicate. Organized crime has been expanded to the point where policemen, political leaders, law officers, etc. have also come to be associated with the gangs and syndicates. Many gang leaders contested elections to assemblies, parliament, municipal corporations, and gram panchayats, thereby 3 | P a g e securing political status which enables them to widen their social contacts, and use the influence of powerful people for escaping arrest after committing crimes. These gangs and syndicates today not only enjoy large financial gains but also enjoy immunity from interference and possess monopolistic control in large geographical areas. Major Criminal Enterprises: Five major enterprises providing illicit profits in India are: Numbers betting (i.e., matka), drug trafficking, estate racketeering, automobile thefts, and supplying illicit weapons to terrorists and insurgents. On a lower level, the two main criminal enterprises are: kidnapping for extortion and supplying girls for prostitution. 3. Legal Position India: Organized crime has always existed in India in some form or another. It has, however, assumed its virulent form in modern times due to several socio- economic and political factors and advances in science and technology. Even though rural India is not immune from it, it is essentially an urban phenomenon. In India, there is no comprehensive law to control organized crime in all its dimensions and manifestations, There is, however, substantive law regarding criminal conspiracy. There are also penal provisions in various statutes against specific violations of those statutes. 3.1. Criminal Conspiracy: Sec. 120-A of the Indian Penal Code defines criminal conspiracy as: “When two or more persons agree to do, or cause to be done- (1) An illegal act, or (2) An Act which is not illegal by illegal means. Such an agreement is designated as criminal conspiracy: provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object”. Section 120-B of the India Penal Code provides for punishment for criminal conspiracy. The punishment for the conspirator is the same as for the principal offender. It may, however, be emphasized that the criminal conspiracy by itself is a substantive offence. The conspiracy need not fructify and the mere proof of the existence of the criminal conspiracy is adequate to have the criminal punished for such criminal conspiracy. 3.2. Dacoity and Related Offences: Dacoity is one of the oldest forms of crimes in India and is committed purely for the purpose of looting or extortion. Section 391 of the Penal Code defines dacoity as: “When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt amount to five or more, every person so committing, attempting or aiding is said to commit ‘dacoity’.” In other words, if five or more persons commit the offence of robbery, they commit ‘dacoity’. Dacoity is punishable with imprisonment for life or rigorous imprisonment up to 10 years and five months (section 395). The Code also criminalizes preparation to commit dacoity (section 399) and assembly for the purpose of committing dacoity (section 402). Importantly, section 400 of the Code criminalizes the act of belonging to a ‘gang’ of persons associated for the purpose of habitually committing dacoities. The punishment is quite severe and may even extend to life imprisonment. Similarly, section 401 criminalizes the act of belonging to a gang of thieves. It would, thus, appear that adequate legislative tools are available to the law enforcement agencies to deal with gangs of 4 | P a g e dacoits and thieves, but the proof of existence of a gang in Court requires painstaking investigation. In view of increasing incidents of kidnapping for ransom, the parliament inserted Section 364-A in the India Penal Code to provide for stringent punishment for such offences, further strengthened in 1995. The amended Section 364-A reads as follows: “Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organization or to do or abstain from doing any act or to pay shall be punishable with death, or imprisonment for life, and shall also be liable to fine”. 3.3. Law on Gangsters: There is no central legislation to suppress ‘gang activity’ having countrywide applicability. The State of Uttar Pradesh, most populous and politically most powerful
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