Introduction 

Petty Organized crime has been introduced for the first time by Bhartiya Nyaya Sanhita, 2023 (BNS). There was no such provision under Indian Penal Code, 1860 (IPC). 

Petty Organized Crime 

• This is contained in Chapter VI which provides for offences affecting the Human Body. 
• Petty Organized Crime is provided for under Section 110 of BNS.  
• The ingredients of the offence of petty organized crime are: 
  • Any crime that causes general feelings of insecurity among citizens relating to: 
    • Theft of vehicle 
    • 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 shop lifting 
    • Theft through card skimming 
    • Automated Teller Machine theft 
    • procuring money in unlawful manner in public transport system 
    • illegal selling of tickets 
    • selling of public examination question papers 
    • such other common forms of organized crime committed by organized criminal groups or gangs 
  • These would fall under petty organized crimes when committed by 
    • Mobile organized crime groups or 
    • Gangs that create network of contacts, anchor points, and logistical support among themselves to carry out number of offences in region over a period before moving on 
• Section 110(2) provides for punishment for this offence. 
• It is to be noted that both commission and attempt to commit such crime is made punishable 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 fine. 

Reasons for Introducing the Provision 

• Some offences like organized snatching of any movable property, pick pocketing, theft from vehicles by trickery, card skimming, ATM theft create a sense of insecurity among the citizens. Introduction of this offence would create a sense of security. 
• One particular issue which has been creating a lot of furor is the large scale paper leakage and other manipulations in public examinations. It is to be noted that organized gangs are involved in this. The provision hence addresses the same.  

Recommendations By Parliamentary Standing Committee 

• In pursuance of Rule 270 of the Rules of Procedure and Conduct of Business in the Council of States relating to the Department-related Parliamentary Standing Committees, the Chairman of Rajya Sabha referred the Bhartiya Nyaya Sanhita, 2023 to the Department related Parliamentary Standing Committee on Home Affairs.  
• The Committee observed that the term ‘general feelings of insecurity among citizens’ is too vague and ambiguous and needs to be defined. 
• The Committee also observed that the term vehicle theft has appeared in both Section 110 and Section 109. 

Other Concerns 

• However, the term "general feelings of insecurity" is not clearly defined. Additionally, the Bharatiya Nyaya Sanhita does not define terms such as 'gang,' 'anchor points,' and 'mobile organized crime groups.' 
• The Section has a catch all provision ‘such other common forms of organized crime’. The scope of this provision is unclear. 
• The term ‘criminal group or gang’ has not been defined. Unlike Section 109 there is no requirement for the crime to be committed by an organized crime syndicate with more than one chargesheet filed before a competent court within the preceding 10 years.   
• It is to be noted that crimes committed by mobile organized crime groups are specifically included in the definition of petty organized crime but not in the definition of organized crime.  
• Section 110(2) arbitrarily provides same punishment for both the commission and the attempt to commit petty organised crime - imprisonment of a term of one year that may extend to seven years along with fine. 

Conclusion 

The offence of petty organised crime has been introduced in Bhartiya Nyaya Sanhita, 2023. It was absent in Indian Penal Code, 1860. The aim of this provision is to create a sense of security and to prevent offences committed by organized crime groups.