Source: Hindustan Times

Introduction

Bhartiya Nyaya Sanhita Bill, 2023 which was introduced to replace the existing Indian Penal Code, 1860 (IPC) has provisions for organized crimes including petty crimes. The bill considers the fact that these petty organized crimes will impact the policing powers. The way police are usually focused on petty, everyday crimes in India. This approach, called "broken windows policing," believes that preventing major crimes depends on keeping order by addressing minor offenses.

What are Organized Crimes?

• Organized crime in India includes variety of illegal activities that are planned, coordinated, and conducted by criminal organizations.
• These groups often operate with a hierarchical structure and engage in activities such as smuggling, extortion, drug trafficking, human trafficking, money laundering, and other illicit enterprises.
• IPC has few provisions for organized crimes though has several legislations are there in India dealing with the organized crimes including the following:
  • Maharashtra Control of Organized Crime Act, 1999 (MCOCA): It is the most significant legislative measure in this regard which was enacted in 1999. MCOCA provides stringent measures for the control and prevention of organized crime and the forfeiture of property obtained from organized crime.
  • Prevention of Money Laundering Act, 2002 (PMLA): PMLA is another legislation aimed at curbing the financial aspects of organized crime. It focuses on tracking and seizing assets derived from criminal activities and holds individuals accountable for money laundering.
  • Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS): NDPS also covers penalties related to organized gangs of smugglers.

What are Petty Organized Crimes?

• Petty organized crimes typically refer to low-level criminal activities that are organized and carried out by small groups or individuals.
• These crimes are generally considered less serious than major organized criminal enterprises but can still have a significant impact on communities and individuals.
• Examples of petty organized crimes may include:
  • Shoplifting Rings: Organized groups working together to steal merchandise from retail stores for resale or personal use.
  • Pickpocketing: Coordinated efforts by individuals or small groups to steal valuables, such as wallets or phones, from unsuspecting victims in crowded places.
  • Street-level Drug Dealing: Small-scale drug distribution networks operating at the neighborhood level, often involving low-level dealers.
  • Auto Theft Rings: Groups that steal cars for various purposes, including joyriding, resale, or stripping for parts.
  • Burglary Crews: Organized teams that collaborate to break into homes or businesses to steal valuable items.
  • Fraud Schemes: Groups engaging in various forms of fraud, such as credit card fraud, identity theft, or small-scale financial scams.
  • Illegal Gambling Rings: Small-scale, underground gambling operations that may involve activities like poker games or sports betting.
  • Prostitution Rings: Organized networks involved in the illegal sex trade, arranging for the services of prostitutes and profiting from their activities.

What are Facts and Figures on Policing of Organized Crimes?

• According to a study conducted by the Criminal Justice and Police Accountability Project (CPA Project) on law enforcement in Madhya Pradesh (MP) during the pandemic, approximately 80% of the arrests made in the state during lockdowns were related to minor offences.
• These offences mainly consisted of activities such as gambling and violations of excise laws, both carrying punishments of less than seven years.
• Moreover, a significant number of arrests targeted individuals from Adivasi and Vimukta communities, particularly for the production of small quantities of mahua liquor.

What is the Position of Petty Organized Crimes in Bhartiya Nyaya Sanhita Bill, 2023?

Clause 111 defines Organized crimes and Clause 112 of the Bhartiya Nyaya Sanhita Bill, 2023 covers petty organized crime or organized crime in general.

• Clause 111:: Organized Crime
  • Acts of unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom shall constitute organized crime.
  • It must be done by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate.
  • It must be done by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit.
• Clause 112: Petty Organized Crime of Organized Crime in General
  • Petty organized crime includes crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle, domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal property), organized pick pocketing, snatching, theft through shoplifting or card skimming and Automated Teller Machine thefts or procuring money in unlawful manner in public transport system or illegal selling of tickets and selling of public examination question papers and such other common forms of organized crime.
  • It must be committed by organized criminal groups or gangs.
  • And it shall include the said crimes when committed by mobile organized crime groups or gangs that create a network of contacts, anchor points, and logistical support among themselves to carry out a number of offences in the region over a period before moving on.
  • Whoever commits or attempts to commit any petty organized crime, under this shall be punished with imprisonment for a term which shall not be less than one year, but which may extend to seven years, and shall also be liable to a fine.

Conclusion

As India faces problems with organized crimes, the Bhartiya Nyaya Sanhita Bill, 2023 is a thoughtful and proactive attempt to deal with the changing nature of criminal activities. This bill not only updates the old IPC but also establishes itself as a strong set of laws to effectively fight organized crimes, ensuring the safety and well-being of the Indian people.