Organised crime is being addressed in a comprehensive way at the national level for the first time, with its introduction in a specific section of the recently enacted Bharatiya Nyaya (Second) Sanhita (BNS), 2023. The new statute will replace the Indian Penal Code, 1860, which does not have any clauses pertaining to organised crimes, though the offence has inter-State and even international ramifications.
“To allow for an effective prosecution of such an offence, the Maharashtra State Legislative Assembly had passed the Maharashtra Control of Organised Crime Act (MCOCA), 1999. Thereafter, similar laws were adopted in various States. However, there was a need for a legal framework at the national level to combat the menace efficiently,” a senior police officer said.
A comparison of the BNS’ provisions on organised crime with the MCOCA shows that several sections are substantially the same.