Introduction 

• Chapter VI of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides the provisions for organised crimes. 
• The investigation shall be done in accordance with the provisions of Section 107 of Bharatiya Nagarik Suraksha Sanhita, 2023 where it allows the trial to be conducted even in the absence of the offenders. 
• The offender would be penalized through forfeiture of their property. 

What are Organised Crimes? 

• It means any crime or unlawful activity committed by any person with the objective of gaining pecuniary benefit or undue economic advantage for any personal reason or for prompting insurgency. 
• Crime includes the use of violence, threat, intimidation or coercion. 
• There is a specific provision for organised crime under BNS i.e. Section 111 under BNS. 

What are the Essential Ingredients of Organised Crimes? 

• Unlawful activity must be continuous. 
• The motive must be to commit crime. 
• The crime must be committed by a person, a group of persons either individually or jointly. 
• The crime must be committed by using violence, intimidation, threat, coercion or by any other unlawful means. 
• The intention must be to take unlawful gain.

What are the Offences Covered Under Organized Crimes? 

• Kidnapping 
• Robbery 
• Cyber crimes 
• Vehicle theft 
• Extortion 
• Land grabbing 
• Contract killing 
• Illicit goods or services 
• Human trafficking for prostitution or ransom 
• Drugs or weapons 
• Economic Offence 

What is Section 111 of BNS? 

• Sub section (1) defines the organized crime as: 
  • 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. 
• Sub section (2) states the punishment for the person who has committed organized crime: 
  • If such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees.  
  • In any other case, be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than five lakh rupees. 
• Sub section (3) states the punishment for the person who assists the organised crime as: 
  • Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. 
• Sub section (4) states the punishment of the member of the organized crime syndicate as: 
  • Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. 
• Sub section (5) states the punishment who conceals the information of the offender under this provision as: 
  • Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. 
  • It shall not be applied to the spouse of the offender. 
• Sub section (6) states the punishment for the person who keeps the proceeds of crime as: 
  • Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. 
• Sub section (7) states the punishment for any person who on behalf of the offender keeps the proceeds of crime as: 
  • If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. 

What are the Other Legislatures Which Covers the Organized Crimes? 

• 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.

Conclusion

As India faces problems with organized crimes, the Bhartiya Nyaya Sanhita, 2023 is a thoughtful and proactive attempt to deal with the changing nature of criminal activities. This bill not only updates the old Indian Penal Code, 1860 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.