One of the major changes to the draft Bharatiya Nyaya Sanhita (BNS) will be to expand the definition of organized crime and terrorism. Currently, there is no complete definition of organized crime in a single statute.
Many state governments have passed the Organized Crime Control Act (COCA). Uttar Pradesh and some other states have individual laws on gangsters, while other offenses like human trafficking, rudeness, looting, etc. are defined and punished under the Indian Penal Code (IPC).
However, the proposed measure would take into account widespread organized crime under Section 109, as well as different types and levels of involvement, including drug and human trafficking. This would also include various types of organized gang violence such as contract killings, hitherto various provisions of the IPC, and special laws such as MCOCA, and the Unethical Traffic Prevention Act. , NDPS, etc.
Economic crimes such as fraud, hawala transactions, and Ponzi schemes, which are punishable under the IPC or the Prevention of Money Laundering and Other Acts, will be attributed to organized crime.
SERIOUSNESS OF THE VIOLATION
The proposed Section 109, in addition to the detailed definitions in Sections 1 and 2, also provides for different penalties for organized crime. Penalties will depend on the severity of the violation and the harm caused.
Section 3 of the Proposed Act includes definitions of "conspiracy" and "member of a criminal organization" - offenses already defined under Section 120B of the IPC and Maharashtra Organized Crime Control (MCOCA) or the Prevention and Unlawful Activity Act (UAPA). SMALL ORGANIZED Crime
Minor crimes like wallet snatching, car theft, ATM/ticket fraud, pickpocketing, etc. have also been included in the definition of small organized crime under Article 110.
The current definitions of theft and robbery, which appear in the current IPC, were also retained in the bill. However, with the change in numbers and penalties.
For example, Section 378 (for theft) of the IPC is now Section 301, with harsher penalties of up to 5 years for recidivism. "Dafa 302" will no longer be considered murder. A crime such as kidnapping, defined in Section 379(A) under the IPC's state-specific amendments, would now be defined in Section 302 of the measure with a penalty of three years in prison.
TERRORISM
The bill also includes a comprehensive section on terrorist activities and membership in a terrorist organization, which has so far been covered in various provisions of the applicable IPC and UAPA.
This complements the bill's specific provisions for "waging war against the government of India" and "crimes against the state" identified in the bill's proposed chapter 7, which are identical to the existing section of Chapter 6 IPC. - Crimes against the State. The proposed section also specifically includes "any activity defined under the UAPA" in the definition of "terrorist activity".
