India’s Planned New Law Will Include Monetary Scams and Cyber Crimes in the Definition of Organized Crime

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India's Planned New Law

India’s Planned New Law Will Include Monetary Scams and Cyber Crimes in the Definition of Organized Crime

The proposed new criminal law will encompass significant financial frauds, Ponzi schemes, cyber offenses, vehicle theft, land encroachment, and contract assassinations as forms of organized crime.  In cases where these crimes lead to the loss of life, the offender will face either the death penalty or life imprisonment.

The Parliamentary Standing Committee on Home Affairs, led by BJP MP Brijlal, has commended the new penalties as “a highly efficient addition” to the current legislation, which it considers insufficient in addressing several grave transgressions.

The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brijlal, highlighted the deficiencies of existing legislation in addressing grave crimes such as organized abduction, illegal seizure of land, targeted assassinations, coercion, significant financial frauds, and human trafficking. They praised the proposed sanctions as a highly impactful addition.

According to Clause 9 of the Bharatiya Nyaya Sanhita, a variety of illegal behaviors, such as financial frauds, operating fraudulent investment schemes, committing cybercrimes with significant impact, and engaging in human trafficking, would be classified as organized crime. The section provides a definition of organized crime as activities conducted by persons, either independently or in cooperation, employing violence, intimidation, coercion, corruption, or similar methods to acquire material or financial advantages.

The proposed legislation imposes stringent sanctions for organized crime. In the event that the offense leads to a fatality, the perpetrator may be subject to capital punishment or a lifetime of incarceration, in addition to a significant monetary penalty. Alternatively, the punishment may entail a minimum of five years of incarceration and a substantial monetary penalty.

The committee additionally proposed the implementation of more explicit and precise meanings for terms such as “gang,” “mafia,” “crime ring,” and “criminal organization.” Currently, the absence of clear definitions creates ambiguity regarding the criteria for classifying an organization as “criminal” and any corresponding procedures for such categorization.

The BharatiyaNagarik Suraksha Sanhita (BNSS-2023) bill, along with the Bharatiya Nyaya Sanhita (BNS-2023) and the BharatiyaSakshyaAdhiniyam (BSA-2023) bills, was introduced in the Lok Sabha on August 11. Its objective is to substitute the Code of Criminal Procedure Act, of 1898, the Indian Penal Code, of 1860, and the Indian Evidence Act, of 1872.

The parliamentary panel’s reports were delivered to the Rajya Sabha on a recent Friday, highlighting the urgent requirement for a revised legislative framework to address the changing nature of organized crime in the country.

About The Author:

Yogesh Naager is a content marketer who specializes in the cybersecurity and B2B space.  Besides writing for the News4Hackers blog, he’s also written for brands including CollegeDunia, Utsav Fashion, and NASSCOM.  Naager entered the field of content in an unusual way.  He began his career as an insurance sales executive, where he developed an interest in simplifying difficult concepts.  He also combines this interest with a love of narrative, which makes him a good writer in the cybersecurity field.  In the bottom line, he frequently writes for Craw Security.

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