Introduction
The newly enacted Bharatiya Nyaya Sanhita of 2023 represents a significant reformation and redirection of criminal code, superseding the antiquated Indian Penal Code of 1860. Through a comprehensive process of amendments, repeals, and the introduction of new provisions, this legislation seeks to adopt a nuanced approach to criminal offenses by imposing stringent penalties on actions that jeopardize the sovereignty, unity, and integrity of India.
It addresses contemporary challenges such as terrorism, organised crime including petty crimes by distinctly categorizing these offences and provides punishment for the transgressions. For the first time, the government is tackling these crimes in a through way at the national level. This is happening because of a new law, which includes specific rules about the organised crime as well as petty organised crime.
This new law will take the place of the Indian Penal Code 1860, which did not have any specific rules about these crimes. This article will delve into the nuances of petty organized crime, reasons for introduction and it’s penal provision under BNS and provision under BNSS. The law acknowledges that these petty crimes will undermine policing authority, particularly in the context of how law enforcement in India prioritizes everyday offences. This strategy, known as “broken windows policing”, posits that the prevention of serious crimes is contingent upon maintaining public order by tackling minor offences. Firstly, we will understanding the concept of organised crimes.
What is Organised Crimes ?
The term encompasses any illicit act or unlawful conduct perpetrated by an individual with the intent of securing financial gain or unwarranted economic advantage for personal motives or to incite insurrection. Criminality encompasses the employment of violence, threats, intimidation, or coercion. There is a distinct statutory provision addressing organized crime within the BNS framework, specially articulated in Section 111 of the BNS. It includes offences like kidnapping, robbery, cyber crimes, vehicle theft, land grabbing, contract killing, human trafficking, drugs and weapons etc.
What is Petty Organised Crimes?
Petty crimes are small offenses that are not as serious as bigger crimes. They include minor rule-breaking crimes like stealing cheap items, shoplifting, vandalism, being drunk in public, minor fights, and behaving in a strange way.
Broadening the concept of petty organised crime
Section 110 of the act delineates petty organised crime as transgressions that engender pervasive sentiments of insecurity among the peoples. Such infractions encompass chain snatching, vandalism, public inebriation, mere assault, vehicle thefts, fraudulent activities pertaining to ATMs and ticketing, as well as acts of pickpocketing. By integrating the concept of petty organized crime into the legislative framework, the BNS aspires to assuage the apprehensions of the citizenry and foster a more secure societal surrounding for all.
It is defined under Section 112 (1) of the BNS, asserts that any crime that causes general feelings of insecurity among citizens relating to theft of vehicle, theft from vehicle, domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal property), organized pickpocketing, snatching, theft through shop lifting, theft through card skimming, ATM theft, procuring money in unlawful manner in public transport, unauthorised selling of tickets, unauthorised selling of public examination question papers, such other common forms of organized crime committed by organized criminal groups or gangs.
Reasons for the introduction of these crimes
The absence of legal frameworks addressing minor offences fostered a pervasive sense of insecurity within society. In contemporary times, we are frequently confronted with rampant reports of petty crimes, including unauthorized paper leaking, ATM fraud, which lacked stringent punitive measures. This deficiency in accountability has consequently contributed to a proliferation of such illicit activities. The proposed provision directly addresses this pressing concern. legislation
Penal Provision under Bharatiya Nyaya Sanhita 2023
Whoever engages in petty organized crime shall incur a penalty of imprisonment for a term not less than one year, which may extend up to seven years, and shall be subject to a monetary fine. The aforementioned offences are cognizable and non-bailable offences.
Provisions under Bharatiya Nyaya Suraksha Sanhita
Section 229 of the BNSS mandates the issuances of special summons in instances of petty offences. Section 276 delineates the procedural framework for securing a conviction based on a plea of guilt in the absence of the accused in petty cases. Section 417 of the Sanhita explicitly prohibits appeals in petty cases. Section 172 (2) stipulates that, in minor offences, an individual may be released within span of 24 hours. Section 172 (2) of the BNSS necessitates that any detained individual be presented before a magistrate or be released within twenty-four hours in minor cases. Decision in a session case must be made within thirty days after the hearing ends. If there are valid reasons, must be noted in writing.
Remarks
Community service is required as a punishment for six minor offences, such as not showing up when called, trying to interfere with a public servant doing their job, petty theft, public misbehaviour while drunk, defamation, and others. The limits for small thefts that can be handled in quick trials has been increased from Rs. 2000 to Rs. 20,000. For minor and less serious cases, a summary trial must be conducted. In Section 260 (1) Criminal Procedure Code (CrPc), magistrate “may” try minor offences in a quick manner if they choose to, but in BNSS, the magistrate is now required to conduct these trials.
Conclusion
By addressing these factors through targeted legislation, authorities aims to create a more effective legal framework for combatting petty crimes and enhancing community safety. As India grapples with the pervasive challenges posed by petty crimes, the BNS 2023, emerges as a judicious and proactive measure to confront the evolving landscape of crimes. This legislative framework not only modernizes the antiquated Indian Penal Code 1860 but also asserts itself as a formidable corpus of laws designed to combat petty criminal activity with efficacy.
This new legislation represents a commendable stride towards tackling the pervasive daily criminal activities, neglecting to address minor offences will inevitably allow these transgressions to escalate into more significant and severe crimes over time.
LINKS
https://bprd.nic.in/uploads/pdf/202401290403347155356Organisedcrime,terrorism.pdf
