Introduction
Petty Organized Crime, absent from the Indian Penal Code, 1860, has been introduced for the first time in Bhartiya Nyaya Sanhita, 2023 (BNS).
Key Provisions
- Chapter VI of BNS addresses offences affecting the human body.
- Section 112 defines and penalises petty organized crime.
Definition and Ingredients
- Crimes causing insecurity, including:
- Theft (vehicles, from vehicles, domestic/business, cargo)
- Organized pickpocketing, snatching, shoplifting, card skimming, ATM theft
- Unlawful money procurement in public transport (e.g., illegal ticket sales, question paper leaks)
- Other organized crimes by mobile criminal groups
- Punishment: Imprisonment for 1 to 7 years and a fine.
Rationale
- To address crimes like snatching, pickpocketing, and examination paper leaks that create insecurity.
- Aims to deter organized gangs involved in such activities.
Parliamentary Concerns
- Vagueness of terms like “general feelings of insecurity” and “criminal group or gang.”
- Unclear scope of “such other common forms of organized crime.”
- Same punishment for varying severity of petty organized crimes.
Conclusion
The provision aims to enhance security and address organized crimes by mobile groups but raises concerns over definitional ambiguities and proportionality of punishment.
