RESOURCE MATERIAL SERIES No. 54 ORGANISED CRIME IN INDIA: PROBLEMS & PERSPECTIVES Madan Lal Sharma* I. INDIA THE LAND AND PEOPLE Evidence Act, 1872; Indian Police Act,1861 and several others have been enacted by India is one of the oldest civilisations the national Parliament. The States also with a kaleidoscopic variety and rich have limited authority to legislate on the cultural heritage. It covers an area of 32. subjects falling in the State List. The 87,263 sq. kms extending from the snow Police, being a State subject, is raised and covered Himalayan heights to the tropical maintained by the State Government. Each rain forests of the south. As the seventh State and Union Territory has a separate largest country in the world, India is well police force. Thus, registration of crime, marked off from the rest of Asia by investigation and finalisation thereof is the mountains and the sea, which give the mandate of the State Police. In addition to country a distinct geographical entity. It the State Police Force, the Central has a land frontier of 15,200 kms and a Government has set up certain Central coast line of 7,516 kms. In 1996, India’s Investigating Agencies, including the population was 931.9 million. Apart from Central Bureau of Investigation (CBI). CBI English and Hindi, India has 17 other was set up under the Delhi Special Police official languages recognised by the Establishment Act, 1946. It has concurrent Constitution. jurisdiction in the investigative field in the India is a Union of States and is Union Territories. It can also take up governed by a written Constitution which investigation of cases falling within the came into force on 26th November, 1949. jurisdiction of the States under the orders It consists of 25 States and 7 Union of the Central Government, but only with Territories. Due to its colonial heritage, the prior consent of the State Governments India follows the Anglo-Saxon common law concerned. In addition, the Central system. Article 14 of the Constitution Government has constituted certain other provides for equality before the law. Article investigating agencies, namely, the 21 guarantees protection of life and Narcotics Control Bureau, the personal liberty. Article 20 provides Enforcement Directorate, the Central protection against double jeopardy. Article Board of Direct Taxes and the Central 39-A mandates the State to secure equal Board of Customs and Excise. These justice for all. Article 50 provides for agencies investigate criminal cases falling separation of the judiciary from the in the ambit of special statutes being executive in the public services of the State. administered by them and are empowered ‘The Police’ and ‘Public Order’ are in the to launch prosecutions. The CBI, however, State List but the ‘Criminal Laws’ and is the premier investigating agency of the ‘Criminal Procedure’ are in the Concurrent Central Government and has an omnibus List. Resultantly, the basic criminal charter. statutes, namely, India Penal Code, 1860; Criminal Procedure Code, 1973; Indian II. CRIME SCENARIO IN INDIA * Joint Director, Central Bureau of Investigation, Before I come to the subject of organised India. crime proper, it would be useful to have 82 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS some idea about the general crime situation servants of lonely housewives and old prevailing in the country. India, the land couples for looting are a recurring of Lord Budha and Mahatma Gandhi, is phenomenon in Delhi. A Benaras growing into a violent society. The violent businessman was kidnapped by a gang crimes that constituted only 8.2 per cent headed by a Member of State Legislature of the total crimes registered under Indian and even after extortion of a huge ransom, Penal Code (IPC) in 1953 increased to he was killed lest he approach the police 14.4% in 1994. Gulshan Kumar, a Bombay and reveal the gang’s identity. Terrorist music magnate with Rs. 800 crore empire, crimes have also taken their toll in terms was shot dead last year as he refused to of human casualties and damage to public pay a large sum of money demanded by property. 308 bomb explosions in 1997 left Dawood Ibrahim gang. This was preceded 197 people dead and 1109 injured. Delhi by killings of several Bombay industrialists city alone witnessed 26 such incidents last and politicialns. 48 persons in 1995 and 71 year. The crime scenario is, thus, rather persons in 1996 were lynched in West grim. Bengal by the public. 61 Harijan were Table I shows the incidence and the rate killed in Jehanabad District (Bihar) in of cognizable crimes under IPC and Special caste based violence last month. The caste and Local Laws (SLL) from 1986 to 1996: and communal strife claimed 511 lives in IPC crime, in absolute number, remained 1997,with 3701 injured. The kidnappings at about 1.6 million since 1990 but the SLL for ransom of rich industrialists, crime is increasing rapidly. In 1996, IPC businessmen, top professionals and their crime constituted 27.1% of the total crime wards are lucrative for the criminal groups registered. Over the decade 1986-96, the in the metropolitan cities. Delhi witnessed IPC crime increased by 19.2% but the SLL 40 such incidents in 1994; 43 in1995 and crime increased by 39.8%. However, the 23 in 1996. Brutal attacks by the domestic lesser increase in the IPC crime does not TABLE I INCIDENCE AND RATE OF COGNIZABLE CRIMES UNDER IPC AND SLL FROM 1986-1996 (IN LACS) YEAR INCIDENCE RATE** IPC SLL TOTAL IPC SLL TOTAL 1986 14.05 29.8 43.9 183.5 389.6 573.1 1987 14.06 35.8 49.9 180.1 459.3 639.4 1988 14.4 37.6 52.06 180.8 472.7 653.5 1989 15.2 38.4 53.7 188.5 474.0 662.4 1990 16.04 32.9 48.9 194 398.3 592.3 1991 16.7 33.7 50.4 197.5 396.8 594.3 1992 16.8 35.5 52.4 194.7 410.1 604.8 1993 16.2 38.03 54.3 184.4 430.4 614.8 1994 16.3 32.8 49.2 181.7 365.6 547.3 1995 16.8 42.6 59.4 184.2 465.3 469.6 1996 16.7 44.6 …61.4 179.8 479.1 458.9 *A lac=1,00,000. **Crime per 1,00,000 of population 83 RESOURCE MATERIAL SERIES No. 54 appear to truely reflect the intensity, was 1.05 in India. It is much lower than gruesomeness and social impact of violent that of Bangladesh (7.29), Hong Kong and organised crime. (390.86), Indonesia (28.39), Japan (205.97) In this context, it is be useful to look at and Singapore (146.18). In India, the crime the incidence of IPC crimes under major rate in burglary offences was 13.91 which crime heads as shown in Table II. There is much lower than most of the countries has been 44.3% increase in murders in of the region. The crime rate in rape 1995 over 1985. The incidence of rape has offences was 1.38 which is lower than that increased by 88.7% over this period. of China (3.62), Hong Kong (1.74) and Similarly, kidnapping and abduction has Singapore (2.75) but higher than that of increased by 27.3%. However, the dacoity Japan (1.29), Nepal (0.98), Indonesia (0.71) shows decrease of 25.9%. While robbery and Bangladesh (0.44). shows a negligible decrease over the the It is pertinent to mention that crime decade, there is about 11% decrease in under the special and Local Laws (SLL) burglary and theft cases and 3.2% in riot constitutes over two-thirds of the total cases. The incidence of currency cognizable crime in India (IPC crime counterfeiting increased by 46.5% over this constituting less than one-third). period. Overall IPC crimes showed an Table V shows the incidence of SLL increase of 22.5% over the decade. crime. About 4.29 million SLL cases were In 1993, the crime rate in murder registered in 1995. There was 38.8% offences in India was 4.32 which is lower increase in SLL in 1985. Registration under than that of Canada (5.63) but higher than the Arms Act has shown a marginal that of Bangladesh (1.99), China (1.95), increase of 3.8% over the decade. However, Hong Kong (1.55), Indonesia (0.84), Japan there was increase of 41.4% under the (0.99), Nepal (2.32) and Singapore (2.02). NDPS Act. Suprisingly, registration under The crime rate in theft and dacoity cases the Gambling Act, declined by 23.2 per cent TABLE II INCIDENCE OF IPC CRIMES UNDER MAJOR CRIME HEADS Crime Head 1985 1991 1992 1993 1994 1995 Murder 25970 39174 40105 38240 38577 67464 Attempt to - 29778 31202 29725 30020 29571 murder Rape 7289 10410 11708 12218 13508 16754 Kidnapping 16051 20079 20518 19830 20983 20426 & abduction Dacoity 11254 10831 11308 9357 9271 8335 Robbery 22501 26428 26444 24354 23933 22443 Burglary 130354 132087 127281 123020 121536 116507 Theft 330554 36282 350582 320434 303564 294306 Riots 99757 105309 104749 93838 94344 96520 Counterfeiting 1504 4467 5133 3728 2851 2203 OTHER IPC 696069 886287 907071 903082 924342 722583 CRIMES TOTAL: 1384731 1678375 1689341 1629936 1635251 1695696 84 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS TABLE III INCIDENCE OF SLL CRIME UNDER MAJOR HEADS CRIME HEADS 1985 1991 1992 1993 1994 1995 ARMS ACT 61987 62025 63893 65532 60289 64331 NDPS ACT 14277 20944 99478 21087 20304 20194 GAMBLING 179419 167113 167193 162800 156926 137737 ACT EXCISE ACT 106183 95863 95108 96578 102096 114355 PROHIBITION 106183 95863 95108 96578 102096 114355 ACT EXPLOSIVES 3373 5458 8899 6163 4641 5113 ACT IMMORAL 14815 14639 12580 12496 10132 8447 TRAFFIC ACT ANTIQUITY& - 10 40 18 66 69 ART TREASURE ACT OTHER SLL 2327129 22844958 2401039 2513251 2793225 3232633 CRIMES TOTAL: 3096481 3773563 3350971 3808448 328638 4267476 but, registration under the Prohibition policy being pursued by the States like TABLE IV Haryama and Gujarat, creating a fertile DISPOSAL OF IPC CRIMES IN THE ground for organised boot-legging.