Petty Organised Crime under Bhartiya Nyaya Sanhita, 2023

The criminal justice landscape in India is witnessing a significant transformation with the introduction of the Bhartiya Nyaya Sanhita (BNS) Bill, 2023. Among its many reforms, one of the most noteworthy is the inclusion of a specific provision for petty organised crime – an offence that was not previously defined under the Indian Penal Code (IPC) of 1860. 

This article provides a detailed and informative overview of the new provision, its scope, underlying rationale, and the challenges it presents, while examining its potential impact on law enforcement and public security.

Background and Need for Reform

The IPC, 1860 has long served as the cornerstone of criminal law in India. However, over the years, it has become apparent that the legal framework is struggling to address the changing nature of criminal activities. With evolving criminal methods and the advent of sophisticated organised crime syndicates, lawmakers have realised the need for an updated legal system that can effectively tackle both major and minor criminal enterprises.

The concept of “broken windows policing” – a strategy that focuses on curbing minor offences to prevent the escalation of major crimes – has been a guiding principle in the new reforms. Petty organised crimes, though often considered low-level, have a pronounced impact on the general sense of insecurity among citizens. It is against this backdrop that the BNS Bill, 2023 introduces a dedicated provision to tackle such offences, thereby ensuring that the legal system remains responsive to contemporary challenges.

Defining Petty Organised Crime

Under the Bhartiya Nyaya Sanhita, 2023, petty organised crime is a novel concept that explicitly addresses minor offences committed by organised criminal groups. Unlike traditional organised crime, which typically involves large, hierarchical networks and serious offences like extortion, kidnapping, and drug trafficking, petty organised crime covers a range of relatively low-level offences. The defining characteristic of these crimes is their cumulative effect – they create a pervasive sense of insecurity among citizens.

Scope and Ingredients of Petty Organised Crime under Bhartiya Nyaya Sanhita, 2023

Section 112 of the BNS explicitly lays down the framework for petty organised crime. The following elements form the ingredients of the offence:

General Sense of Insecurity

The offence is defined by its impact – any crime that causes widespread feelings of insecurity among citizens is included. This includes various forms of theft and fraud that might seem minor in isolation but collectively erode public confidence in safety.

Specific Offences Covered

The types of criminal activities covered under this provision include:

• Theft of vehicles and theft from vehicles
• Domestic and business theft
• Trick theft and cargo crime
• Theft (including attempts and theft of personal property)
• Organised pickpocketing and snatching
• Shoplifting, including theft through shoplifting and card skimming
• Automated Teller Machine (ATM) theft
• Procuring money in an unlawful manner in public transport systems
• Illegal selling of tickets
• Selling of public examination question papers
• Any other common form of organised crime that disrupts the general order

Perpetrators

For an act to be classified under petty organised crime, it must be committed by organised criminal groups or gangs. The law also specifically mentions mobile organised crime groups – those that create networks, establish anchor points, and offer logistical support over a region to perpetrate multiple offences before moving on.

Punishment and Legal Provisions

Section 112(2) of the Bhartiya Nyaya Sanhita, 2023 clearly outlines the punitive measures for both the commission and the attempt to commit petty organised crime. The salient features of this punishment include:

• Imprisonment: Offenders are liable to a minimum term of imprisonment of one year. The maximum term can extend to seven years, depending on the gravity and circumstances of the offence.
• Fine: In addition to imprisonment, the offender is also subject to a fine. This dual approach of punishment aims to deter offenders by imposing both custodial and financial penalties.

It is noteworthy that the same punishment is prescribed for both the commission of the crime and any attempt to commit it. This aspect of the legislation has raised concerns among legal professionals, who argue that a more nuanced approach might be necessary to differentiate between completed offences and attempted crimes.

Rationale for Introducing the Provision of Petty Organised Crime under Bhartiya Nyaya Sanhita, 2023

The introduction of petty organised crime as a distinct offence under the BNS, 2023, is driven by several practical and policy considerations:

Enhancing Public Security

In many urban and semi-urban areas, minor criminal activities – such as shoplifting, pickpocketing, and ATM theft – are prevalent. Although individually these offences may not result in significant harm, their cumulative effect creates a pervasive sense of insecurity. 

The new provision seeks to address this by imposing stricter penalties on such offences, thereby aiming to restore public confidence in the criminal justice system.

Addressing Specific Issues

One of the major concerns highlighted during the legislative debates was the organised nature of certain criminal activities that had previously been overlooked. 

For instance, large-scale paper leakages and manipulations in public examinations had become a recurring issue, with organised gangs playing a central role. By specifically targeting such organised networks, the new law intends to curb these malpractices and ensure fairness in public examinations.

Bridging the Legal Gap

Prior to the enactment of the BNS, the IPC did not contain a clear provision for addressing petty organised crime. The omission left a legal grey area, allowing low-level yet organised criminal activities to persist without adequate legal redress. The BNS Bill, 2023 fills this gap by offering a comprehensive definition and corresponding punishment for such offences, thereby enhancing the overall efficacy of the legal framework.

Parliamentary Standing Committee Observations

While the introduction of the petty organised crime provision is seen as a proactive step, it has not been without criticism. The Department-related Parliamentary Standing Committee on Home Affairs has raised several concerns that merit discussion.

Ambiguity in Key Terms

One of the primary criticisms is that certain terms used in the provision are vague and ambiguous. For instance:

• General Feelings of Insecurity: The phrase is open to subjective interpretation. What constitutes a ‘general feeling of insecurity’ can vary widely across different communities and contexts. The lack of a precise definition could lead to inconsistent application of the law.
• Undefined Terminology: Terms such as ‘gang’, ‘anchor points’, and ‘mobile organised crime groups’ have not been explicitly defined within the legislation. This lack of clarity may create challenges during judicial interpretation and enforcement.
• Catch-all Provision: The inclusion of a catch-all clause – “such other common forms of organised crime” – further adds to the ambiguity. While it allows for flexibility in addressing emerging criminal trends, it may also lead to overreach or arbitrary application by law enforcement agencies.

Duplication and Overlap

The Standing Committee also observed that certain offences, such as “vehicle theft”, appear in multiple sections (for example, Sections 110 and 109 of the BNS). This redundancy could potentially lead to confusion or conflicting interpretations when determining the appropriate charges against an offender.

Uniformity of Punishment

Another concern is that the law prescribes the same punishment for both the commission and the attempt to commit petty organised crime. Critics argue that this approach does not adequately differentiate between the severity of the completed offence and an attempted crime. A more graduated penalty system might be more appropriate to ensure proportionality in sentencing.

Conclusion

The introduction of a distinct offence of petty organised crime under the Bhartiya Nyaya Sanhita, 2023, marks a pivotal moment in the evolution of India’s legal system. By addressing low-level yet organised criminal activities that undermine public confidence and safety, the new provision aims to fill a longstanding gap left by the Indian Penal Code of 1860.