Organized Crime In India

The core organized crime activity is the supply of illegal goods and services to countless
numbers of citizen customers. It is also deeply involved in legitimate business and in labour
unions. It employs illegitimate methods-monopolization, terrorism, extortion and tax-evasion to
drive out or control lawful ownership and leadership, and to extract illegal profits from the
public. Organized crime also corrupts public officials to avert governmental interference and is
becoming increasingly sophisticated. In India, in addition to its traditional spheres of activities
which included extortion, seeking protection money, contract killing, boot-legging, gambling,
prostitution and smuggling, now added is drug trafficking, illicit arms trading, money laundering,
transporting illegitimate activities based essentially on its readiness to use brute force and
violence. By corrupting public officials and thereby monopolizing or near monopolizing,
organized crime aims to secure for itself power. Later, the money and power it begets are used to
infiltrate legitimate business and several other related activities.

Meaning of organized crime

Organised crime is defined as “those involved, normally working with others, in continuing
serious criminal activities for substantial profit, elsewhere”. Organised criminals that work
together for the duration of a particular criminal activity or activities are what we call an
organised crime group.

Organised crime group structures vary. Successful organised crime groups often consist of a
durable core of key individuals. Around them, there’s a cluster of subordinates, specialists, and
other more transient members, plus an extended network of disposable associates.

Many groups are in practice loose networks of criminals that come together for the duration of a
criminal activity, acting in different roles depending on their skills and expertise. Collaboration
is reinforced by shared experiences (such as prison), or recommendation from trusted
individuals. Others are bonded by family or ethnic ties – some ‘crime families’ are precisely that.

Organised criminals make use of specialists who provide a service, sometimes to a range of
crime gangs. Services include transport, money laundering, debt enforcement, or the provision of
false documentation (identity crime underpins a wide variety of organised criminal

Characteristics Of Organised Crime

Characteristics of the Criminal Group

· Continuity: The criminal group operates beyond the life time of individual members and is
structured to survive changes in lead ship.

· Structure: The criminal group is structured as a collection of Hierarchically arranged

interdependent offices devoted to the Accomplishment of a particular function. It may be highly
structured or may be rather fluid. It is, however, distinguishable as the ranks are based on power
and authority.
· Membership: The membership in the core criminal group is restricted and based on common
traits such as ethnicity, criminal background or common interests. The potential members are
subjected to a lot of scrutiny and required to prove their worth and loyalty to the criminal group.
The rules of membership include secrecy, a willingness to commit any act for the group and
intent to protect the group. In return for loyalty, the member of a criminal group receives
economic benefits, certain prestige, and protection from law enforcement.

· Criminality: The criminal group relies on continuing criminal activity to generate income.
Thus, continuing criminal conspiracy is inherent in organized crime. Some activities such As
supplying illegal goods and services.

· Violence: Violence and the threat of violence are an integral part of a criminal group. The
violence or threat of it is used against the members of the group to keep them in line as also
against the outsiders to protect the economic interests of the group. Members are expected to
commit, condone or authorize violent acts.

· Power/Profit Goal: The members of the criminal group aim at maximizing the group’s profits.
The political power is achieved through the corruption of public officials, including legislators
and political executive. The criminal group maintains power through its association with the
“protectors” who defend the group and its profits.

Legal Position In India On Organized Crime

Organized crime has always existed in India in some form or another. It has, however, assumed
its virulent form in modern times due to several socio-economic and political factors and
advances in science and technology. Even though rural India is not immune from it, it is
essentially an urban phenomenon.

Criminal Conspiracy Sec. 120-A of the Indian Penal Code defines criminal conspiracy as:
“When two or more persons agree to do, or cause to be done-
(1) An illegal act, or
(2) An Act which is not illegal by illegal means. Such an agreement is designated as criminal
conspiracy:

provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such
agreement in pursunce thereof.merely incidental to that object”.

Section 120-B of the India Penal Code provides for punishment for criminal conspiracy.

Dacoity and Related Offences

Dacoity is one of the oldest forms of crimes in India and is committed purely for the purpose of
looting or extortion. Section 391 of the Penal Code defines dacoity as:
“When five or more persons conjointly commit or attempt to commit a robbery, or where the
whole number of Persons conjointly committing or attempting to commit a robbery, and persons
present and aiding such commission or attempt amount to five or more, every person so
committing, attempting or aiding is said to commit ‘dacoity’.”
In other words, if five or more persons commit the offence of robbery, they commit
‘dacoity’. Dacoity is punishable with imprisonment for life or rigorous imprisonment up to 10
years and five months (section 395).
a) criminalists preparation to commit dacoity (section 399)
b) Assembly for the purpose of committing dacoity (section 402).
c) section 400 of the Code criminalizes the act of belonging to a ‘gang’ of persons associated for
the purpose of habitually committing dacoities.
d) kidnapping for ransom, the parliament inserted Section 364-A in the India Penal”.

Law on Gangsters
There is no central legislation to suppress ‘gang activity’ having countrywide applicability. The
State of Uttar Pradesh, most populous and politically most powerful in enacted Uttar Pradesh
Gangsters and Anti-Social Activities (Prevention) Act,1986, which is applicable in that State
only.

The gang has been defined as a group of persons, who, singly or collectively, indulge in anti-
national activities by violence or threat of violence for gaining undue political, economic or
physical advantages and includes, offences against the body, boot legging, forcible possession of
immovable property, creating communal disturbances, obstructing public servants in the
discharge of their duties, kidnapping for ransom, diverting an aircraft or public transport vehicle
from its schedule path, etc.

A gangster is punishable with minimum imprisonment of two years extendable up to 10 years

(sec. 3). The rules of evidence have been modified and certain statutory presumptions can be
raised against the gangsters by the trial court. Provision has also been made for the protection of
witnesses. The trial may be held in-camera on the request of public prosecutor. The name and
address of a witness can be omitted in the court records, if the Court so desires. The property of
the gangster can be attached by the District Magistrate if satisfied that it was acquired through
criminal activity. This Act has a wide canvass and purports to cover large areas of organized
criminal activity.

Other Laws
There are several other central statutes which deal with specific facets of organized crime. Some
of them are:
a. The Customs Act,
b.1962; the Narcotics Drugs and
c. Psychotropic Substances Act, 1884; the
d. Immoral Traffic (Prevention) Act, 1956; the
e. Foreign Exchange Regulation Act, 1973
f. the Public Gambling Act, 1867 etc.
g. Besides, the State Government has also legislated on subjects like excise,
Prohibition and gambling etc.

Preventive Action
The National Security Act 1980 provides for preventive detention by the Central Government or
the State Government or by the officers designated by this Government. The detention order is
issued for one year with a view to preventing a person from acting in any manner prejudicial to
the defense of India or to the friendly relations with foreign powers. The detention has to be
approved by an Advisory Board headed by a serving High Court judge. The expression ‘security
of India’ is open to liberal interpretation and this Act has been used, though sparingly, against
anti-national elements and hard core gangsters. Detention is an executive action and the case
does not go to the court for trial. The illicit trafficking in narcotic drugs and psychotropic
substances poses a serious threat to the health and welfare of the people and the activities of
persons engaged in such illicit traffic have a destabilizing effect on the national economy. The
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988, provides
for detention of such persons. The Central Government or the State Government or designated
officers of these Government, can pass an order for detaining a person with a view to preventing
him from engaging in illicit traffic in narcotic drugs. The detention can be made for one year but
in certain circumstances it is extendable to two years. Thus, India has laws scattered in various
statutes to deal with various facets of organized crime. The existing laws, however, drastically
fall short of the requirements to curb the menace. The Government of India is conscious of this
and has drafted the Organized Crime Control Act.

The draft Act defines ‘Organised Criminal Gang’ in a very comprehensive manner, incorporating
most of the essential

Characteristics of organized crime. A gangs defined as:

“A band of two or more persons who commit or attempt to commit or cause to be committed,
either individually or collectively, in furtherance of a common object or objects and on a
continuing basis, for material gains or otherwise, by taking recourse to use or show of violence
or threat of violence, either direct or implied, or by fraudulent or dishonest means corrupting the
public servants, any of the acts listed in Schedule I to this Act.”

Schedule I includes most major criminaloffences, including murder, bodily harm,smuggling,

traffic in drugs, kidnapping for ransom, espionage, causing bomb blasts, aircraft hijacking,
hostage taking, mass killing, contract killing, gang rapes,extortion etc.

Profiles Of Some Organised Criminal Gangs

Criminal gangs have been operating in India since ancient times. The gangs of ‘thugs’ usually
preyed on travellers or wayfarers while traversing lonely regions that passed through thick
jungles. The ‘thugs’ travelled in gangs, large or small, usually un-armed and appearing to be
pilgrims, ascetics or other harmless wayfarers.

Dawood Gang
Dawood is the most powerful, Bombay gangsters having a country wide networks with linkages
abroad. He is one of the most powerful gangsters involved in transnational crimes mainly
narcotic drugs, smuggling, extortion and contract killing. He has lived in Dubai since 1985. He
had a phenomenal rise in short time. Being the son of a Bombay Crime Branch Head Constable,
he started off as a petty criminal and had the sympathies of Bombay Police
due to his father’s connections.

Arun Gawli Gang

His gang is involved in the collection of protection money from rich businessmen and contract
killings.

Amar Naik Gang

Chota Rajan Gang
Veerappan Gang of Karnataka
Om Prakash Srivastava@Babloo,Gang of Uttar Pradesh
Latif Gang of Ahmedabad
Rashid Gang of Calcutta

Types Of Organised Crime

A. Drug Abuse and Drug Trafficking
It is perhaps the most serious organised crime affecting the country and is truly transnational in
character. India is geographically situated between the countries of Golden Triangle and Golden
Crescent and is a transit point for narcotic drugs produced in these regions to the West. India also
produces a considerable amount of licit opium, part of which also finds place in the illicit market
in different forms. Illicit drug trade in India centres around five major substances, namely,
heroin, hashish, opium, cannibas and methaqualone. Seizures of cocaine, amphetamine, and LSD
are not unknown but are insignificant and rare.

B. Smuggling
Smuggling, which consists of clandenstine operations leading to unrecorded trade, is another
major economic offence. The volume of smuggling depends on the nature of fiscal policies
pursued by the Government. The nature of smuggled items and the quantum thereof is also
determined by the prevailing fiscal policies.
India has a vast coast line of about 7,500 kms and open borders with Nepal and Bhutan and is
prone to large scale smuggling of contraband and other consumable items. Though it is not
possible to quantify the value of contraband goods smuggled into this country, it is possible to
have some idea of the extent of smuggling from the value of contraband seized, even though they
may constitute a very small proportion of the actual smuggling.

C. Money Laundering & Hawala

Money laundering means conversion of illegal and ill-gotten money into seeminglylegal money
so that it can be integrated into the legitimate economy. Proceeds of drug related crimes are an
important source of money laundering world over. Besides, tax evasion and violation of
exchange regulations play an important role in merging this ill-gotten money with tax evaded
income so as to obscure its origin. This aim is generally achieved via the intricate steps of
placement, layering and integration so that the money so integrated in the legitimate economy
can be freely used by the offenders without any fear of detection. Money laundering poses a
serious threat world over, not only to the only to the criminal justice systems of the countries but
also to their sovereignty

D. Terrorism & Narco-Terrorism

Terrorism is a serious problem which India is facing. Conceptually, terrorism does not fall in the
category of organised crime, as the dominant motive behind terrorism is political and/or
ideological and not the acquisition of money-power. The Indian experience, however, shows that
the criminals are perpetrating all kinds of crimes, such as killings, rapes, kidnappings, gun-
running and drug trafficking, under the umbrella of terrorist organisations.

E. Contract Killings
The offence of murder is punishable under section 302 IPC by life imprisonment or death
sentence. Conviction rate in murder cases is about 38%. The chance of detection in contract
kilings is quite low. The method adopted in contract killings is by engaging a professional gang
for a monetary consideration.

F. Kidnapping for Ransom

Kidnapping for ransom is a highly organised crime in urban conglomerates. There are several
local as well as inter-State gangs involved in it as the financial rewards are immense vis-a-vis the
labour and risk involved.

G. Illegal Immigration A large number of Indians are working

abroad, particularly in the Gulf region. Young people want to move to foreign countries for
lucrative jobs. Large scale migration is fostered by the high rate of unemployment in the country
and higher wage levels in foreign lands. As it is not easy for the aspirants to obtain valid travel
documents and jobs abroad, they fall into the trap of unscrupulous travel agents and employment
agencies.

H. Prostitution
Trading in sex and girl-running is a very profitable business in which the underworld plays an
important part. Flesh trade has been flourishing in India in various places and in different forms.
The underworld is closely connected with brothels and call girl rackets, making plenty of money
through this activity. They supply young girls to brothels in different parts of the country,
shuttling them to and from the city to minimise the risk of their being rescued. According to a
study conducted by the Indian Health Organisation, there are over 1,000,000 prostitutes in
Bombay and an equal number in Calcutta. Delhi and Pune have an estimated 40,000 each.

Problems In Control Efforts

Inadequate Legal Structure
There are several difficulties incombatting organised crime. First of all,India does not have a
special law to control/suppress organised crime. Being acontinuing conspiracy, the incidents of
organised crime are dealt with under the general conspiracy law and relevant specialActs. The
existing law is inadequate as ittargets individuals and not the criminal groups or criminal
enterprises.Conspiracies are hatched in darkness and proving them in a court of law is a
herculean task.

Difficulties in Obtaining Proof

As organised criminal groups are structured in a hierarchical manner, the higher echelons of
leadership are insulated from law enforcement. It may be possible to have the actual perpetrators
of crime convicted, but it is difficult to go beyond them in the hierarchy because of rules of
evidence, particularly, non-admissibility of confessions made by criminals before the police. The
witnesses are not willing to depose for fear of their lives and there is no law to provide protection
to the witnesses against organized gangs. The informers are not willing to come forward as some
kind of stigma is attached to being an ‘informer’.
Lack of Resources & Training
In our Constitutional frame-work, the police are the State’s subject. Investigation of cases, their
prosecution and the setting up of the criminal courts is the responsibility of the State Government
concerned. Most of the States face a resources crunch and are not in the position to spare
adequate resources for the criminal justice system agencies. The number of police personnel
posted in police stations is inadequate. Besides, hardly anytraining facilities exist for the
investigation of organised crime.

Lack of Co-ordination
India does not have a national level agency to co-ordinate the efforts of the State/city police
organisations as well as  central enforcement agencies, for combating organised crime. Further,
there is no agency to collect, collate, analyse, document and function as a central exchange of
information relating to international and inter-state gangs operating in India and abroad.
Similarly, there is no system of sustained pursuit of selected gangs at the national and State level.
Apart from lack of institutional frame-work, there are problems of coordination between the
Central Government and the State Governments and between one State Government and another
State Government due to
differences in political perceptions

Criminal, Political & Bureaucratic Nexus

There has been a rapid spread and growth of criminal gangs, armed Senas, drug mafias,
smuggling gangs, drug peddlers and economic lobbiests in the country which have, over the
years, developed an extensive network of contacts with the bureaucrats, government
functionaries, politicians, media persons and democratically elected individuals at the local level.
Some of these syndicates also have international linkages, including with the foreign intelligence
agencies. In certain States like Bihar, Hryana and Uttar Pradesh, these gangs enjoy the patronage
of local level politicians cutting across party lines

Dual Criminality
The crime syndicates do not respect national boundaries. Certain crimes, particularly drug
trafficking, are planned in one part of the world and executed in another. Criminals also move
fast from one part of the globe to another. Different nations have different legal structures. A
certain act may be ‘crime’ in one country but not in another. To illustrate, money laundering is
crime in USA and several European countries but not in India.

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