Bharatiya Nyaya Sanhita (BNS), expected to replace the 163-year-old Indian Penal Code (IPC), is poised to incorporate emerging crimes into its framework. These include ATM thefts, question paper leaks, shoplifting, car theft, and stealing valuables from vehicles, classified as new offenses under a specific section. Those convicted of such crimes could face jail sentences ranging from one to 7 years, accompanied by fines.
Currently, the IPC lacks explicit provisions to address these offenses, often grouping them under the broad category of 'theft' under Section 378. The BNS introduces another significant change by adopting aspects of the Maharashtra Control of Organised Crimes Act (MCOCA), enacted in 1999 to combat crime syndicates in Mumbai and Maharashtra. While originally a state-enacted legislation, numerous states have since adopted the Act or enacted laws following a similar pattern.
By doing so, the BNS seeks to bridge gaps in the IPC, enabling authorities to combat organized crime on a nationwide scale. Section 109 of the BNS outlines the definition of organized crime, encompassing activities such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offenses, cyber-crimes, human trafficking, drug trafficking, and more. These crimes may be committed by groups or individuals working in concert, either as organized crime syndicate members or on behalf of such syndicates.
The term «organized crime syndicate» is precisely defined in the BNS as a criminal organization or a group comprising three or more individuals that engage in serious offenses or gang criminality. This includes economic offenses like financial fraud, money laundering, and hawala transactions. Under the
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