Cracking down on organised crime: The laws & challenges that confront them

New Delhi, Dec 31 (IANS) The general definition of organised crime encompasses a continuing criminal enterprise profiting from illicit activities fuelled by public demand.

Corruption among public officials and the use of intimidation further characterise its operations. In response to this, India employs a multifaceted approach, targeting specific aspects of organised crime through legislation.

While no consolidated law directly addresses organised crime, statutes such as those addressing drug trafficking, human trafficking, contract killings, money laundering, and smuggling collectively tackle the menace.

Recognizing the limitations of the Indian Penal Code in curbing organised crime, special laws were enacted, granting investigating agencies enhanced powers.

"One notable legislation is the Maharashtra Control of Organised Crime Act, 1999, initially introduced in Maharashtra and later extended to other states, including Delhi, Gujarat, and Karnataka. This law empowers police with extended custody periods, admissibility of confessions made in custody, and stringent bail conditions, acting as a deterrent for potential offenders. However, concerns persist regarding the potential abuse of such powers by the state," Advocate Anant Malik said.

The Prevention of Money Laundering Act, 2002 targets the financial aspect of organised crime, with strict bail conditions under Section 45. "Similarly, the Narcotic Drugs and Psychotropic Substances Act, 1985, takes a tough stance against drug trafficking, imposing stringent punishments and bail conditions for commercial quantity offences," Malik said.

Preventive acts like the National Security Act and the Unlawful Activities Prevention Act contribute to national safety and security.

Despite the robust legal arsenal, organised crime continues to pose a challenge. Malik stressed the need for effective policing and preventive measures to curb crime rates, suggesting that strengthening laws against corruption could serve as a fundamental deterrent.

In conclusion, according to Malik, the battle against organised crime in India involves a delicate balance between empowering law enforcement and safeguarding against potential misuse of legislative powers.

Speaking with IANS, Kumar Kislay, Partner and Attorney, JSA Advocates and Solicitors, said that a notable challenge remains the absence of a centralised legislation, akin to the United States' Racketeer Influenced and Corrupt Organizations Act (RICO), which successfully shattered the backbone of the infamous American mafia.

"Indian legislations deal with organised crime in different spheres. However, the scattered set up makes it easier for criminals to defy the system and use the loopholes. Further, the cross border nature of organized crime also makes it difficult and frustrating to catch hold of the real culprit," Kislay said.

Coordination and collaboration among law enforcement agencies emerge as crucial components in the battle against organised crime.

The lack of a centralised command structure, Kislay said, often impedes information sharing and collaborative efforts among different agencies.

Instances where states like Uttar Pradesh and Maharashtra established centralised units, such as Special Task Forces or Crime Branches, exemplify successful measures in curbing organised crime by fostering synergy among various enforcement entities.

Efforts to combat organised crime face challenges beyond the criminal realm, including unintentional lack of coordination and political interference within law enforcement agencies.

"Streamlining efforts and establishing a centralised approach could serve as a pivotal step toward fortifying the nation's resolve against this menacing threat," Kislay said.