Bharatiya Nyaya Sanhita has specific provisions on organised crime, in a first for national laws

The new Bharatiya Nyaya Sanhita addresses organized crime comprehensively at the national level, replacing the Indian Penal Code.

Organised crime is being addressed in a comprehensive way at the national level for the first time, with its introduction in a specific section of the recently enacted Bharatiya Nyaya (Second) Sanhita (BNS), 2023. The new statute will replace the Indian Penal Code, 1860, which does not have any clauses pertaining to organised crimes, though the offence has inter-State and even international ramifications.

“To allow for an effective prosecution of such an offence, the Maharashtra State Legislative Assembly had passed the Maharashtra Control of Organised Crime Act (MCOCA), 1999. Thereafter, similar laws were adopted in various States. However, there was a need for a legal framework at the national level to combat the menace efficiently,” a senior police officer said.

A comparison of the BNS’ provisions on organised crime with the MCOCA shows that several sections are substantially the same.

Section 109 of the BNS defines organised crime as “any continuing unlawful activity” committed by “groups of individuals 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, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit”.

The types of organised crime explicitly included in the provision are 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.

The definition differ from the MCOCA only insofar as the specific types of organised crimes which have been included in the BNS.

Section 109 provides detailed explanations to terms such as “organised crime syndicate” and “continuing unlawful activity”, which have also been explained in the MCOCA. However, it further adds explanations for the terms “benefit” and “economic offences”.