New Offence of Petty Organised Crime



Abstract

Global legal systems need to be reevaluated in light of the rise of organized crime. The goal of the new offense of petty organized crime in India is to address the complexity of smaller-scale criminal operations that yet have a big impact on society. This article examines the new offence's legal definitions, ramifications, and enforcement difficulties. Along with discussing proposed reforms to improve the effectiveness of the legal system in preventing these crimes, it also looks at the socioeconomic elements that contribute to petty organized crime. This article attempts to offer a thorough knowledge of the new offense and its ramifications for law enforcement and society by examining case law, legislative legislation, and comparable legal systems.

Introduction

Governments all throughout the world are increasingly concerned about the growth of organized crime. The conventional perception of organized crime in India has frequently concentrated on big syndicates engaged in terrorism, drug trafficking, and human trafficking. That being said, a large percentage of organized crime takes place on a lesser scale and is sometimes referred to as "petty organized crime." This article looks at the definitions, ramifications, and larger context of the new minor organized crime offense that has been brought about by recent legislative events.

Understanding Organized Crime

An organized group of people involved in criminal activity for financial gain is usually what defines organized crime. According to the UN, organized crime is any ongoing criminal business that makes money from unlawful acts that frequently include violence or the threat of violence. Over the years, organized crime in India has changed and taken on many different forms, such as:

Criminal groups that operate internationally, such as drug cartels and networks involved in human trafficking, are referred to as transnational organized crime.

Local Syndicates and Gangs: Smaller organizations that engage in a range of illicit activities within certain localities.

Legislative solutions have been prompted by the increase in petty organized crime, despite the greater emphasis that has been focused on these larger institutions.

Defining Petty Organized Crime

For the first time in Indian law, the Bhartiya Nyaya Sanhita, 2023 (BNS) presents the official concept of minor organized crime. Petty organized crime, as defined by Section 110 of the BNS, is any crime that makes the public feel uneasy in general. This covers a broad spectrum of transgressions, including:

  1. Theft of Vehicles: The unauthorized stealing of another person's car, which can cause victims to suffer severe financial losses as well as psychological harm.

  2. Theft from Vehicles: Crimes like automobile burglaries, which frequently take place in public areas and result in the theft of goods, make people feel vulnerable.

  3. Domestic and Business Theft: Coordinated attempts to pilfer goods from residences and places of business, which can cause economic disruption and damage community confidence.

  4. Trick Theft: Underhanded methods intended to stealing from others, frequently using con games or deceptive methods.

  5. Theft of products while they are in route is known as cargo crime, and it may significantly affect supply networks and trade.

  6. Coordinated attempts by gangs to steal from people in busy places by taking advantage of their moments of attention are known as organized pickpocketing.

  7. Snatching: The violent stealing of people's jewels or purses, frequently in public areas.

  8. Theft via Shoplifting: Coordinated groups stealing goods from retail establishments, which may result in higher costs for customers.

  9. Card skimming: The unauthorized duplication of credit or debit card data, frequently at point-of-sale terminals or ATMs.

  10. Automated Teller Machine (ATM) Theft: Theft directly from ATMs, including using technology or physical force to obtain money without authorization.

  11. Selling tickets without a permit: The unapproved selling of event tickets, which may result in losses for both customers and reputable sellers financially.

  12. Selling of Question Papers for Public Examinations: a grave transgression that jeopardizes public confidence and educational systems' integrity.

  13. When these crimes are carried out by organizations that establish networks to support their operations over time and across geographical boundaries, they are classified as minor organized crimes.

Though there are differences in definitions, "petty organized crime" typically refers to small-scale criminal operations that show signs of planning and structure. The following are examples of small organized crime as defined by the new law:

Characteristics of Petty Organized Crime

Petty organized crime can be distinguished from other forms of criminal activity by a number of distinctive features, including:

  1. Organizational Structure: Petty organized crimes are usually carried out by groups or gangs that possess some degree of coordination and planning, as contrast to random acts of criminality. They can carry out their operations more successfully and avoid detection thanks to this arrangement.

  2. Patterns and Recurrence: There are observable patterns to petty organized crimes, such certain places or times when crimes are most likely to happen. Law enforcement may find it simpler to recognize and target certain acts as a result of this regularity.

  3. Impact on the Community: Although individual crimes may appear insignificant, the accumulation of small-scale organized crime can result in serious societal problems, such as elevated anxiety among community members, diminished standard of living,

  4. Burglary and theft: Tiny-scale robberies that fit into a bigger pattern of illegal activities.

  5. Fraud: Coordinated plans designed to defraud people or companies out of their money.

  6. Drug Distribution: Small-scale, regional drug trafficking networks that are integrated into a bigger one. as well as financial instability.

  7. Usage of Technology: A lot of small-scale organized crime organizations use technology to help them carry out their operations. Examples include utilizing social media to plan thefts or utilizing advanced techniques for card skimming.

  8. Adaptability: These organizations are challenging to destroy because they frequently modify their tactics in reaction to police enforcement tactics. For example, if one stealing strategy is too dangerous, they could switch to another, such going from offline theft to internet frauds.

Distinction from Other Crimes

Distinguishing small-scale organized crime from other types of criminal activity, including lone acts or bigger organized crime syndicates, is essential. Important differences consist of:

  1. Dimensions and Range: When compared to big organized criminal operations, such as drug or people trafficking, petty organized crimes are often lesser in scope. Still, what makes these minor crimes "organized" is their organized character.

  2. Group Behaviour: Petty organized crimes entail cooperation among several people, frequently with clear responsibilities within the group, whereas individual crimes may be impulsive and unplanned.

  3. Consequences for Law: The implementation of specialized laws aimed at tiny organized crimes indicates an understanding of their distinct difficulties and consequences, requiring customized law enforcement measures.

Examples of Petty Organized Crimes

  1. Shoplifting Rings: These organizations frequently operate in retail settings, combining their efforts to divert attention from staff members while one or more members pilfer goods. They can steal more stuff than an individual could because of their well-organized method.

  2. Pickpocketing: Groups may operate in pairs or teams to take wallets or phones from gullible victims in busy places like marketplaces or public transportation. Their ability to blend in with the throng and good timing are frequently the keys to their success.

  3. Street-Level Drug Dealing: Smaller networks of dealers can operate at the neighborhood level, distributing narcotics to local consumers, even while bigger drug trafficking organizations may control the market. These groups could have distinct duties and be quite structured. for locating, marketing, and defending their domain.

  4. Auto Theft Rings: Car-stealing organizations often have a well-thought-out plan that involves surveying potential targets, finding sites, and utilizing equipment to get over security measures. They could also know people who sell stolen cars or components.

  5. Burglary Crews: Professional groups may target residences or commercial buildings, employing surveillance and lock-picking techniques to carry out their schemes. They are able to split work and improve their chances of success because of their collaborative attitude.

  6. Fraud Schemes: Organizations may participate in a variety of fraudulent activities, including credit card fraud and identity theft, frequently utilizing stolen personal data to perpetrate financial crimes. These schemes have the potential to be intricate, requiring the cooperation of several people to carry out the deception.

  7. Rings of Illegal Gambling: tiny-scale gaming Operations that provide games like poker or sports betting in covert places may be set up to elude legal authorities. These businesses may be quite profitable and frequently entail a network of people.

  8. Rings of Prostitution: Because they handle the logistics of delivering services and make money from the actions of sex workers, organized networks may aid in the illicit sex industry. This type of organized crime has the ability to take advantage of weak people and maintain abusive cycles.

Societal Implications

The presence of minor organized crime bears noteworthy consequences for the community:

  1. Public Safety: A climate of dread and insecurity among residents can be brought about by the proliferation of small-time organized crime. The fear of vulnerability experienced by theft or fraud victims can cause a deterioration in social cohesiveness and trust.

  2. Economic Impact: Companies that experience theft or fraud may suffer financial losses, which might raise consumer prices and discourage investment in regional economies. Crime and poverty cycles may be sustained in this way.

  3. Challenges for Law Enforcement: Law enforcement organizations face particular difficulties when it comes to fighting petty organized crime since they may find it difficult to properly manage resources to both battle minor crimes and more serious ones.

  4. Social Justice Concerns: Arrests due to the targeting of vulnerable communities, including Adivasi and Vimukta populations

Legislative Framework

 Historical Context

The enactment of the small organized crime offense in India signifies a noteworthy departure from the previous legislative strategy for combating organized crime. Throughout history, the Indian judicial system has had difficulty fully addressing the intricacies of organized crime, especially when it comes to minor offenses. The Indian Penal Code (IPC) of 1860, which is the main piece of law controlling criminal behavior in India, does not directly address organized crime, leaving a gap in the legal system for the prosecution of smaller, yet coordinated criminal organizations.

Limitations of Existing Laws

The Indian Penal Code (IPC) was all-inclusive in its coverage of criminal acts, but it was devoid of measures that explicitly addressed organized crime. Theft, fraud, and other small-time offenses were not considered to be a part of a larger, coordinated endeavor, but rather were handled as isolated incidents. As criminal organizations started to change and advance, using more complex techniques of operation that called for a coordinated response from law enforcement, this restriction became more and more evident.

Furthermore, the Unlawful actions (Prevention) Act (UAPA) leaves open the possibility of dealing with offenses that endanger public safety and order even when they are not directly related to terrorism or actions that pose a threat to national security. Because there was no particular legal structure in place to deal with minor organized crime, law enforcement authorities sometimes found it difficult to successfully prosecute these acts giving the impression that perpetrators are getting away with it.

The Need for Legislative Reform

Lawmakers started to push for a more balanced approach to organized crime that took into account measures for small-scale organized crime when they realized change was necessary. Pickpocketing, car theft, and organized frauds are only a few of the crimes that have increased in frequency, underscoring the need for a robust legal framework.

One of the earliest initiatives at state-level legislation to combat organized crime was the 1999 enactment of the Maharashtra Control of Organized Crime Act (MCOCA). MCOCA established special rules for the prosecution of organized crime, such as the capacity to apply harsher penalties to repeat offenders and to admit certain kinds of evidence that would not normally be permitted in court. But MCOCA's reach was restricted to Maharashtra, and related legislation was passed in neighboring states, but didn't have a unified national plan.

The Bhartiya Nyaya Sanhita, 2024

The Bhartiya Nyaya Sanhita (BNS), 2023 was established in reaction to the need for a comprehensive national framework to tackle organized crime, which has been expanding. For the first time in Indian law, this new legislation—which seeks to replace the IPC—includes explicit provisions for both organized crime and minor organized crime.

Petty organized crime is defined in detail in Section 110 of the BNS, along with the range of offenses that can be classified as such. These offenses include:

  • Vehicle theft

  • Theft in homes and businesses

  • Trick-stealing

  • Cargo theft

  • Pickpocketing that is coordinated

  • Taking

  • Theft via stealing merchandise

  • Skimming cards

  • Theft of automated teller machines (ATMs)

  • Unlawful ticket sales

  • selling test papers for public exams

This legislative modification shows that big organized criminal syndicates are not the only issues that need to be addressed.

Role of NGOs in Community Engagement and Crime Prevention

In order to improve community involvement and address the underlying causes of crime, non-governmental organizations (NGOs) are essential. Their comprehensive strategy includes a range of tactics meant to alleviate socioeconomic problems, advance education, and build community resilience. The important responsibilities that NGOs play in community empowerment and crime prevention are further discussed in this section.

Addressing Root Causes of Crime

When it comes to measures to address the root causes of criminal behavior, NGOs are frequently in the forefront. They can lessen the susceptibility of communities that are at risk by emphasizing education and poverty reduction.

  1. Poverty Alleviation: A lot of NGOs carry out initiatives aimed at enhancing the financial standing of underprivileged groups. Microfinance programs, career training, and job possibilities that enable people to seek respectable lives are a few examples of these efforts. Non-governmental organizations (NGOs) have the ability to disrupt the criminal justice system by offering financial support and skill development.

  2. Programs for Education: One effective strategy for preventing crime is education. NGOs regularly conduct literacy, life skills, and career training educational programs for kids and young people. Through providing people with information and skills, NGOs assist them in making wise decisions and lessen their vulnerability to influences from the criminal world. For example, tutoring programs and after-school activities help keep young people occupied with constructive pursuits and divert them from criminal activity.

  3. Initiatives for Health and Well-Being: Since bad health may be a major obstacle to education and employment, many NGOs also concentrate on health education and access to healthcare. NGOs contribute to the general well-being of communities by raising health awareness and offering medical services, which helps lower crime rates.

Conclusion

An important first step in tackling the complexity of organized crime in India is the creation of the new offense of small organized crime. A better knowledge of the socioeconomic variables, legal definitions, and enforcement issues might help stakeholders create more effective measures to address these crimes. To keep up with the changing face of organized crime and guarantee the safety and security of communities across the country, further research and policy changes will be necessary.




References

Indian Penal Code, 1860.

Unlawful Activities (Prevention) Act, 1967.

RICO Act, 1970, 18 U.S.C. § 1961.

M. J. C. (2022). Understanding Organized Crime in India. Journal of Criminal Law and Justice.

S. R. (2023). Socio-Economic Factors Influencing Crime. Indian Journal of Criminology.

United Nations Office on Drugs and Crime. (2021). World Drug Report 2021. Retrieved from UNODC website.

K. A. (2020). The Role of Community Policing in Crime Prevention. Indian Journal of Police Studies.


By Aishwarya Mudgadkar

(Intern at Nyaya Nishtha)