The Bhartiya Nyaya Sanhita (BNS), came into force from July 2024 onwards repealing the previous Indian Penal Code (IPC). It brought many significant changes in the provisions that previously existed as part of IPC, but there were also some provisions that were introduced by the BNS. One such provision is the Section 111 BNS, which relates to the introduction of Organised crime as a offence in India.
Organised
Crime syndicate is nothing new in India, rather it is an offence that was
leaching out resources and promoting instability and lawlessness in India for
some years now. But there was no specific provision to deal with the organized
crime and hence because of this the perpetrators often got away free from the
hands of justice for a minuscule amount of punishment where justice demanded
strict action against such persons. This was a loophole in our justice system
for a long time, but now finally it has been patched by the lawmakers. Finally,
efforts have been made by the lawmakers to come up with a relevant definition
for the organised crime and associated offences which we shall now look into in
this blog article
Organized
crime refers to a structured group of individuals who systematically engage in
illegal activities for profit. These activities span a wide spectrum, including
drug trafficking, human trafficking, extortion, money laundering, and other
serious crimes. These aren’t your run-of-the-mill petty offenses, rather they
are large-scale, well-coordinated operations that often employ sophisticated
methods to evade law enforcement and in turn deeply affects the nation
socially, politically and financially.
Know the prerequisites
There are certain terms and contexts that one needs to understand before being able to understand Organised Crime as defined in Section 111 BNS:
Organised
Crime Syndicate: it refers to a group of two or more persons who, acting either
singly or jointly, as a syndicate or gang indulge in any continuing unlawful
activity
Continuing
Unlawful Activity: is a cognizable offence punishable with
imprisonment of three years or more, by any person of an organised crime
syndicate, of which more than one charge-sheets have been filed before a
competent Court within the preceding period of ten years and that Court has
taken cognizance of such offence, and includes economic offence
Economic
Offence: It is the act done in order to defraud a bank or any financial
institution by way of committing fraud, criminal breach of trust,
counterfeiting of stamps/notes/bank-notes, hawala transactions, mass-marketing
frauds on several persons.
Organized Crime as defined in BNS
“Section
111(1): Any continuing unlawful activity including kidnapping,
robbery, vehicle theft, extortion, land grabbing, contract killing, economic
offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods
or services, human trafficking for prostitution or ransom, by any person or
a group of persons acting in concert, singly or jointly, either as a member of
an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion,
or by any other unlawful means to obtain direct or indirect material benefit
including a financial benefit, shall constitute organised crime”
Main Ingredients to Constitute the Offence:
- Any person or group of persons acting together in conjunction
- Committing offences like kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom
- By doing of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit
Punishment for the Offence:
- If causes death of a person: maximum Imprisonment to extend to Death sentence or life Imprisonment and a minimum of Rs.10 lakh fine to be paid additionally.
- In any other case: Minimum imprisonment to be 5-year imprisonment which can be up to a maximum of Life imprisonment sentence and is additionally also liable to pay fine not less than Rs 5 Lakh.
- For abettor, conspirators and members: Minimum imprisonment to be 5-year imprisonment which can be up to a maximum of Life imprisonment sentence and is additionally also liable to pay fine not less than Rs 5 Lakh.
- For intentionally harbouring person involved in organised crime: Minimum imprisonment to be 3-year imprisonment which can be up to a maximum of Life imprisonment sentence and is additionally also liable to pay fine not less than Rs 5 Lakh rupees.
- Possessing property derived from the offence: Minimum imprisonment to be 3-year imprisonment which can be up to a maximum of Life imprisonment sentence and is additionally also liable to pay fine not less than Rs 2 Lakh rupees.
- Possession of unaccounted movable or immovable property by member of organised crime syndicate: Minimum imprisonment to be 3-year imprisonment which can be up to a maximum of 10-year imprisonment sentence and is additionally also liable to pay fine not less than Rs 1 Lakh rupees.
Conclusion
The
effects of organized crime can ripple through society like a stealthy
undercurrent. Organized crime is a threat to society and is responsible for
immense financial losses to our country. In addition to that, organised crime
syndicates also pave way forward of other serious offences to run
simultaneously which deeply corrode the social fabric of our nation. Organized
crime groups often worm their way into political systems, corrupting democratic
processes and weakening governance structures in totality making way for
anarchy to sweep in.
In states
like Punjab the drug trafficking and the spread of counterfeit
pharmaceuticals pose significant public health risks and all these illegal activities
are performed by organised crime syndicates which can operate in foreign as
well as local. Illicit drugs contribute to addiction and related health issues,
destroy the productive part of ones being resulting in losses to the state and
society.
Organised
crime syndicates can also be seen affecting our environment. For example, sand
mafia, mining mafia, logging mafia, wildlife trafficking, earth and fishing
mafia etc, all deeply affect our environment and even the environment isn’t
spared.
I will be explaining 'Petty Organised Crime' in Section 112 BNS in a separate post so stay tuned for it.
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Sources/ References :
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Related Blogs:
Securing Witnesses: A Deep Dive into BNSS Section 398’s Witness Protection Scheme
Legal Insights on Section 113: Terrorism Offence Unveiled
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Disclaimer:
This Article/essay provides general information and does not constitute legal
advice. Consult a qualified legal professional for specific cases.
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