DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM

PROJECT ON

Organised Crime in India

SUBJECT

Code of Criminal Procedure

NAME OF FACULTY

Asst. Prof. Soma B

BY

P.Rohith

Roll.no. 2017061

4th Semester

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ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Soma mam who gave me
the golden opportunity to do this wonderful project on the Organised Crime, which also
helped me in doing a lot of Research and I came to know about so many new things I am
really thankful to them.
Secondly I would also like to thank my friends who helped me a lot in finalizing this project
within the limited time frame.

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Table of Contents:

Introduction ...................................................................................................................... 4

Characteristics of Organised Crime ................................................................................. 5

Legal Position in India..................................................................................................... 7

Profiles of Some Organised Criminal Gangs .................................................................. 9

Types of Organised Gangs .............................................................................................. 11

Factors which facilitate to increase Organised Crime’s in India..................................... 14

Problems in control efforts ............................................................................................. 19

Landmark Cases.............................................................................................................. 22

Conclusion....................................................................................................................... 25

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Introduction

Organized crime is a category of transnational, national or local groups of highly centralized,

criminally-run businesses. This can be done by a member of an organized crime syndicate or
on behalf of that union. Its purpose is to obtain pecuniary benefits, to obtain an undue
economic advantage or other advantage for oneself or for any person or to promote
insurrection.

India is becoming a violent society. Crime in India continues to increase. Although there are
many laws, crime in India is not decreasing. Violent crimes, which accounted for only 8.2 per
cent of the total number of crimes under the Indian Penal Code (IPC) in 1953, increased to
14.4 per cent in 1994. Gulshan Kumar, a Bombay nabob of music accompanied The 800
million rupiah empire was shot dead last year when he refused to pay a large sum of money
claimed by gang Dawood Ibrahim. This was preceded by the murder of several industrialists
and politicians from Bombay. Kidnappings for the rescue of wealthy industrialists,
businessmen, prominent professionals and their neighbourhoods are proliferating in
metropolises.1

Organized crime is one of the current problems facing India. It has been reported that OC
activities weaken the economy and undermine the country's development. Different gangs
have also been operating in India since ancient times. These networks operated in areas such
as Uttar Pradesh, Mumbai and the states of Madhya Pradesh, although they were neutralized
by social reforms and police actions. However, in recent years the problem has become
extremely urgent again. Currently, transnational organized crime and organized crime
represent a complex problem in the country, as the gap between compliance and aspiration is
widening. In addition, the socio-political situation from the moment the country gained
independence and the publicity of democracy provide a relevant context for reinforcing these
trends. As such, it will be imperative to identify the challenges facing the Indian government
in the fight against OC. More fundamentally, the discussion will focus on identifying the
factors facilitating the increase of OC in the country.2

The main activity of organized crime is the supply of illegal goods and services to an
incalculable number of citizen clients. He is also deeply involved in legitimate businesses and
unions. It uses illegitimate methods: monopolization, terrorism, extortion and tax evasion to

1
“Crime in India : National Crime Records Bureau, New Delhi (1996).”
2
“Crime in India : National Records Bureau, New Delhi (1995).”

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expel or control legal property and leadership, and to extract illegal profits from the public.
Organized crime also corrupts public officials to avoid government interference and is
becoming increasingly sophisticated. In India, in addition to the traditional field of activities
including extortion, search for protection money, contract killings, gambling, gambling,
prostitution and smuggling, drug trafficking is now added, the illicit trade in arms, money
laundering and the transport of illegitimate activities based mainly on their will to use force
and violence. By bribing public officials and, therefore, by hogging or nearly so, organized
crime aims to secure power. Later, money and the power it generates are used to infiltrate
legitimate businesses and various related activities.

Organized crime has been the subject of extensive study in the United States since the turn of
the century. The Kefauver Committee (1951) concluded that there was a national network of
criminal syndicates in the United States, mainly focused on "muscle" and "murder" used
indiscriminately to manage their criminal enterprises.

Characteristics of Organised Crime:

According to the Presidents Commission on Organised Crime 1986, organised crime is the
collective result of the commitment, knowledge and actions of three components :

i) The Criminal groups;

ii) The Protectors; and
iii) The Specialist support.
A) The Criminal groups:

The criminal group operates beyond the lives of individual members and is structured to
survive changes in leadership. The criminal group is structured as a set of interdependent
hierarchical offices dedicated to the fulfillment of a particular function. It can be very
structured or fluid enough. However, it stands out because ranges are based on power and
authority. Membership in the main criminal group is restricted and based on common
traits such as ethnicity, criminal record or common interests. Prospective members are
subject to scrutiny and must demonstrate their value and loyalty to the criminal group.
Membership rules include secrecy, willingness to commit any act for the group and intent
to protect the group. In exchange for loyalty, the criminal group member enjoys economic
benefits, prestige and protection from the police. The criminal group relies on ongoing
criminal activity to generate income. As a result, the ongoing criminal conspiracy is

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 inherent in organized crime. Some activities, such as the provision of illicit goods and
services, generate income directly, while others, such as murder, intimidation and
corruption, contribute to the ability of groups to earn money and services. to increase their
power. The criminal group may participate simultaneously in legitimate and illegitimate
commercial activities. Violence and the threat of violence are part of a criminal group.
Violence or the threat of violence is used against members of the group to keep them
online, as well as against foreigners to protect the group's economic interests. Members
are expected to commit, approve or authorize acts of violence. The members of the
criminal group seek to maximize the profits of the group. Political power is obtained
through the corruption of public officials, including lawmakers and politicians. The
criminal group maintains power by associating with the "protectors" who defend the
group and its benefits.3

B) Protectors:

Corrupt officials, lawyers and businessmen individually or collectively protect the

criminal group against abuse of status and / or privileges and violations of the law.
Corruption is the central tool of criminal protectors. A criminal group relies on a network
of corrupt officials to protect it from the criminal justice system. As a result of the
protector’s efforts, the criminal group is insulated from both civil and criminal
government actions. Corruption is the central tool of the criminal protectors. A criminal
group relies on a network of corrupt officials to protect it from the criminal justice
system.

C) The Specialist support:

Organized criminal groups and their protectors depend on individuals who are qualified
or able to assist criminal groups on an ad hoc basis. However, they are considered part of
organized crime. Specialists include pilots, chemists, arsonists, kidnappers, shooters, etc.
Social support includes public servants seeking support from organized crime figures;
Business leaders who deal with organized crime join social gatherings and present the
criminal group in a positive or glamorous manner.

3
“Criminal Justice : Problems and Perspectives by S. Venugopal Rao”

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 Legal Position in India:

Organised crime has always existed in India in some form or another. It has, however,
assumed its violent form in modern times due to several socio-economic and political
factors and advances in science and technology . Even though rural areas in India are not
immune from it, it is essentially an urban phenomenon. In India, there is no
comprehensive law to control organised crime in all its dimensions and manifestations,
There is, however, substantive law regarding criminal conspiracy. There are also penal
provisions in various statutes against specific violations of those statutes.4

A) Criminal Conspiracy:

Section 120A of IPC defines conspiracy. Section 120-B of the India Penal Code provides
for punishiment for criminal conspiracy. The punishment for the conspirator is the same
as for the principal offender. It may, however, be emphasised that the criminal conspiracy
by itself is a substantive offence. The conspiracy need not fructify and the mere proof of
the cxistance of the criminal conspiracy is adequate to have the criminal punished for
such criminal conspiracy.

B) 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. 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). The Code also criminalises preparation to commit dacoity (section
399) and assembly for the purpose of committing dacoity (section 402).

Importantly, section 400 of the Code criminalies the act of belonging to a ‘gang’of
persons associated for the purpose of habitually committing dacoities. The punishment is
quite severe and may even extend to life imprisonment. Similarly, section 401
criminalises the act of belonging to a gang of thieves. It would, thus, appear that adequate
legislative tools are available to the law enforcement agencies to deal with gangs of
dacoits and thieves, but the proof of existence of a gang in Court requires painstaking
investigation.

4
“Organised Crime : Concept and Control by Denny F. Pace and Jimmie C. Styles”

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In view of increasing incidents of kindnapping for ransom, the parliament inserted
Section 364-A in the India Penal Code to provide for stingent punishment for such
offences, further strengthened in 1995.

C) Law on Gangsters:

There is no central legislation to remove "gang activity" that may apply across the
country. The state of Uttar Pradesh, the most populous and politically powerful, has
passed the Uttar Pradesh Gangster and Anti-Social (Prevention) Act of 1986, which only
applies in this state. The gang has been defined as a group of individuals who,
individually or collectively, engage in anti-national activities through violence or the
threat of violence to gain undue political, economic or physical benefits, including
offenses against the body. , the possession of immovable property, the creation of
disturbances in the community, the obstruction of public officials in the performance of
their duties, the removal of ransom, the diversion of an aircraft or a transport vehicle
common to their itinerary, 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.

D) Other Laws:

“There are several other central statutes which deal with specific facets of organised
crime. Some of them are: the Customs Act, 1962; the Narcotics Drugs and Psychotropic
Substances Act, 1884; the Immoral Traffic Act, 1956; the Foreign Exchange Regulation
Act, 1973 and the Public Gambling Act, 1867 etc. Besides, the State Government have
also legislated on subjects like excise, prohibition and gambling etc.”

E) 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 these Government.

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 “The detention order is issued for one year with a view to preventing a person from acting
in any manner prejudicial to the defence 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 destabilising 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.”

Profiles of Some Organised Criminal Gangs:

Bombay Gangs

“Bombay, being the financial capital of India, is the playground of several criminal gangs
and their continuing warfare for dominance. The first systematic study of organised crime
was conducted by VK Saraf, retired Commissioner of Police, Bombay City, in 1995, in
which he has traced the origin of organised criminal gangs in the city, their criminal
activities and the inter-gang warfares. He has also enumerated the chief characteristics of
the Bombay gangs. There are four major Bombay gangs:5”

1) Dawood Ibrahim Gangs

2) Chota Rajan Gangs
3) Arun Gawli Gang
4) Amar Naik Gang
1) Dawood Ibrahim Gangs

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

5
“The Presidents Commission on Organised Crime, 1986”

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 Dubai since 1985. In 1980s he became the most feared gangster of Bombay. However,
fearing risk to his life at the hands of rival gangs, he fled to Dubai, but his criminal
network remains virtually intact. He operates his gang with impunity as there is no
extradition treaty between India and Dubai, and his extradition has been refused by the
Duabi authorities. He tried to win social respectability by playing host to influential
politicians and film stars in Dubai.6

2) Chota Rajan Gangs

Chota Rajan started his criminal career in the Dawood gang. After the 1993 bomb blasts
in Bombay, Dawood’s gang was divided on communal lines. Chota Rajan fell out with
Dawood and fled from India. He raised a new gang in 1994-95. According to one
estimate, the membership of this gang is about 800. His areas of operation are
Maharashtra, Karnataka, Uttar Pradesh and Delhi. He essentially is a drug-trafficker and
contract killer. He joined hands with Arum Gawli and was responsible for the killing of
Sunil Samant, a trusted lieutenant of Dawood Ibrahim, in Dubai in 1995. It was a
retaliatory killing. He has targetted many Dawood loyalists and his gang has also suffered
in retaliatory actions. Chota Rajan is presently operating from a foreign base.7

3) Arun Gawli Gang

After the death of Ramya Naik, the mantel of leadership of this gang fell on the shoulders
of Arun Gawli. There have been several inter-gang killings with the Dawood gang and
they have been targetting the political and economic interests of each other. This gang
consists of about 200 to 300 persons. Interestingly, Arun Gawli was sent to jail in 1990
and even though the Court granted him bail, he chose to remain in jail primarily to escape
the wrath of the Dawood gang. He was running his criminal empire from within the jail
premises by passing instructions through his visitors. His gang is involved in the
collection of protection money from rich businessmen and contract killings. He came out
of jail and started a political party, Akil Bhartiya Sena. He has again been sent back to jail
for a contract killing case. Arun Gawli is politically very active and has considerable
influence in the slum areas. He is posing a political challenge to the ruling Shiv Sena in
Maharashtra.

6
“Formation of Criminal Gangs in Major cities by VK Saraf”
7
The Indian Mafia by S. K. Ghosh.

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 4) Amar Naik Gang

This gang originated sometime in 1980 and was collecting protection money from the
vegetable vendors in Dadar area of Bombay. When the leader of this gang (Ram Bhat)
was sentenced to imprisonment in a robbery case, Amar Naik took over the reigns of the
gang. The main thrust of his criminal activities was to collect ‘haftas’ from the vegetable
vendors, hawkers, bootleggers and smugglers. This earned him good money. Due to a
clash of interests, his gang had several violent skirmishes with the Arum Gawil gang, not
only outside jail but even within the jail premises where gangsters of both the gangs were
lodged, resulting in several killings. This gang has a strength of about 200 criminals.
After Amar Naik was killed, the mantle of leadership has now fallen on the shoulders of
his younger brother, an engineer by profession.

Types of Organised Crime:

A) Drug Abuse and Drug Trafficking:

It is maybe the most genuine composed wrongdoing influencing the nation and is really
transnational in character. India is geologically arranged between the nations of Golden
Triangle and Golden Crescent and is a travel point for opiate drugs delivered in these
areas toward the West. India additionally delivers a lot of licit opium, some portion of
which likewise discovers place in the illegal market in various structures. Illegal
medication exchange India bases on five noteworthy substances, to be specific, heroin,
hashish, opium, cannibas and methaqualone. Seizures of cocaine, amphetamine, and LSD
are not obscure but rather are inconsequential and uncommon.8

B) Smuggling:

Sneaking, which comprises of clandenstine tasks prompting unrecorded exchange, is

another major financial offense. The volume of sneaking relies upon the idea of monetary
approaches sought after by the Government. The idea of pirated things and the quantum
thereof is additionally dictated by the predominant financial approaches.

India has an immense coast line of around 7,500 kms and open outskirts with Nepal and
Bhutan and is inclined to huge scale carrying of booty and other consumable things.
Despite the fact that it is preposterous to expect to measure the estimation of stash

8
“Crime in India : National Crime Records Bureau, New Delhi (1996).”

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 merchandise snuck into this nation, it is conceivable to have some thought of the degree
of pirating from the estimation of booty seized, despite the fact that they may establish an
exceptionally little extent of the genuine carrying.

C) Money Landering and Hawala:

Money laundering implies transformation of illicit and sick gotten money into apparently
lawful money with the goal that it very well may be coordinated into the real economy.
Continues of medication related wrongdoings are an essential wellspring of money
laundering world over. Additionally, tax avoidance and infringement of trade guidelines
assume a vital job in consolidating this evil gotten money with assessment sidestepped
salary in order to darken its starting point. This point is by and large accomplished by
means of the unpredictable strides of position, layering and reconciliation so the money
so coordinated in the real economy can be uninhibitedly utilized by the guilty parties with
no dread of identification. Money laundering represents a genuine danger world over, not
exclusively to the main to the criminal equity frameworks of the nations yet additionally
to their power.9

D) Terrorism & Narco-Terrorism:

Terrorism is a major issue which India is confronting. Reasonably, terrorism does not fall
in the class of composed wrongdoing, as the predominant intention behind terrorism is
political and additionally ideological and not the procurement of cash control. The Indian
experience, in any case, demonstrates that the crooks are executing a wide range of
violations, for example, killings, assaults, kidnappings, weapon running and medication
dealing, under the umbrella of psychological oppressor associations. The current criminal
systems are being used by the fear monger pioneers. India confronted difficult issues in
the Punjab during the 1980s, which has since been controlled with the establishment of a
prominent government.

E) Contract Killing:

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 killings is quite low. The method adopted in contract killings is by engaging a

9
“Crime in India : National Crime Records Bureau, New Delhi (1996).”

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“professional gang for a monetary consideration. Part of the prefixed amount will be paid
in advance which is called ‘supari’. The rest of the payment will be made after the
commission of the crime. The Bombay gangs specialise in contract” killings. “The
amount they charge is quite large and varies with the socioeconomic status of the targets.
Dawood Ibrahim gang has been responsible for contract killings of several rich
businessmen, industrialists and politicians. Gulshan Kumar, the music magnate of
Bombay, was the latest victim of this scourge.”

F) Kidnapping for Ransom:

Kidnapping for ransom is a profoundly composed wrongdoing in urban aggregates. There

are a few neighborhood just as interState packs engaged with it as the budgetary prizes
are monstrous opposite the work and hazard included. By and large, no damage is caused
to the kidnapee if the Kidnappers' conditions are met. Psychological oppressor groups
have additionally been at times engaged with kidnappings for fast cash to fund their
activities. In one ongoing case, the kidnapee was slaughtered even after his family paid an
immense payoff add up to a U.P. posse. The pioneer of the posse was known to the
person in question and he dreaded the injured individual would uncover the pack's
character whenever discharged. A few captures have been presented in this defense. By
chance, the pioneer of the group is a Member of the Legislative Assembly of the State of
North India.

G) Illegal Immigration:

An extensive number of Indians are working abroad, especially in the Gulf locale.
Youngsters need to move to remote nations for rewarding occupations. Huge scale
movement is encouraged by the high rate of joblessness in the nation and higher
compensation levels in remote grounds. As it is difficult for the applicants to get
legitimate travel reports and occupations abroad, they fall into the snare of deceitful travel
specialists and work organizations. These offices guarantee to give them substantial travel
records and work abroad on the installment of immense sums. Frequently the movement
reports are not legitimate, and in some cases they are basically dumped into remote
terrains without giving them the guaranteed business.

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 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.

Factors which facilitate to increase Organised Crime’s in India:

A) Globalization

“Globalization has led to a significant growth of TOC, such as trafficking of

people, drugs, smuggling and money laundering in India. Beyond these social problems,
there are consequences arising from extension and reconfiguration of the state’s power.
One of the ways in which globalization affect TOC is through its criminogenic potential,
as the simplified process of moving across the national border has created new
opportunities for criminals. The globalization encompasses a huge amount of economic
activities, between $65 and $85 trillion worth of services and goods each year. As the
volume of the global activities continues to increase, it is constantly” becoming difficult
to regulate what is being shipped, as well as identified the type of goods passing
across national borders. At the same time, it is hard for the current system to
know the receiver or sender of those cargos. As such, this makes it significantly
easier for organized criminal groups to smuggle people or steal valuable materials
from the legitimate producers.”

Trade and economic liberation that has arisen from globalization process benefit and
promotes reforms of various countries, including India, with the intention to boost trade
and make an attempt to garner a competitive edge in the world market. On the contrary,
criminals have taken advantage of this situation of more open and transition market
to conduct smuggling, money laundering, and drug trafficking. For example, the
multilateral and bilateral agreement aimed at reducing trade barriers between India
and nations, such as North America, other Asian and European countries, have
substantially increase international trade. “Organized crime gangs from India have

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taken the advantage of this to grow their illicit business ventures considerably. Similarly,
the process has created lucrative new opportunities for the syndicate.

Telecommunication as a part of globalization has advanced over the past decade

significantly. The technology has made it possible for individuals in India to
communicate with other people from various parts of the world and vice versa
However, it has also played a critical role in the enhancing the ability to organize
and make the operations of TOC work effectively in India. Telecommunication
assists the criminals in processing, obtaining, and protecting information adequately,
as well as evading the investigations of law enforcers.

“In addition, through the technology they can plot marketing plans for illicit
commodities, such as drugs and firearm, as well as map the most efficient and fastest
routes for moving and smuggling money from finanncial institutions. Also, the
technology enables them to create false trails which are used to divert the attention of
banking securities and law enforcers in the course of the investigation. “The criminals
also take advantage of magnitude and speed of financial transactions with the ability to
move huge amounts of money without much scrutiny. As a result, in a country like
India, where technology and networking infrastructure is increasing remarkably, it
equally leaves the country vulnerable to transnational organized crimes, as it facilitates
their operations.
B) Corruption

Corruption in India has existed from time in the memorial in one way or the other. Its
start can be attributed to the opportunistic nature of the past leaders who did great to the
country . Actually, in India, there has been a long existing notion that those that work
on right principles are foolish and can never get rich. The corruption is mainly a
result of the connection between politics, bureaucrats, and criminals. It is interesting
that it has gone to a level that currently bribes are not only given to get wrong things,
but also right ones. Moreover, it seems as if it has become an acceptable way of
behaviour in the country. “As such, getting to operate criminal activities, such as drug
and human trafficking, as well as smuggling other illegal goods, is simple so long as a
person has money to bribe the authorities. Of course, most illegal trades fetch individuals
a lot of money, since they are both untaxed and always expensive, thereby making the

15
 profit earned to be abundant. As a result, money to bribe the authorities is always
available which is making the TOC expand at a high rate in India.

Institutions to fight corruption in India are ironically the same that facilitate it. For
instance, police sector which has made it challenging for entrepreneurs to run
legitimate businesses. The investors regularly have to incur police bribery cost which, at
times, prompt them to seek other avenues, such as criminal activities, to keep
their businesses running . Also, in cases where police officers of integrity make an
arrest of individuals operating transnational organized crimes and forward them to
the judiciary, convictions are rarely made, thereby encouraging such groups to continue
expanding their activities. Judiciary in India, particularly, the courts at lower levels are at
higher risk of corruption. In addition, they are also understaffed which negatively
affects their efficiency. Indeed, India is ranked the fourth least efficient system of
justice globally. Corruption and understaffing make the sentencing of criminals,
especially, with immense wealth and political power to be almost impossible, thereby
encouraging an increase of Organised Crime’s.10

C) Poor Governance

India suffers from poor governance significantly, as the country is relatively poor.
Governance plays the most critical role in the development of a country, as it opens up
opportunities to citizens and foreigners in a friendly investing environment .In India,
poor governance has advanced to become an albatross that aims at virtually
strangulating the entire system. It has been the main cause of nepotism and corruption
which have seeped deep into the country’s system in all levels. According to a study
carried by a UK based firm, known as Maplecroft, India is ranked in the category of
high-risk nations. The survey indicated that the decision-making mechanism in India
is very poor, such that the country is unable to take timely actions.

The political process is usually greatly undermined by an inability to tackle issues

and, as a result, crimes and corruption has equally increased in India to a higher rate.
Poor governance has affected security sector all over the country which are the main
pillars of a country responsible for keeping the country free of crimes and
maintaining order. As a result, borders are left vulnerable to all sorts of crimes.

10
Narcotics Control Bureau Report (1995)

16
Smuggling illegal commodities across the borders is simple, since the security patrolling
the region is inefficient and corrupted. In addition, since the police sector is ineffectively
running in India, it is not challenging to criminals, as most of them have connections with
political leaders or the heads of various police departments.
D) Geo-Strategic location

The central location of India offers “numerous advantages and disadvantages regarding
business operations. The country has a very large coastline of Indian Ocean on the
southern part while it boarders Pakistan on the west side and Nepal with China in the
north to eastern part. This offers several benefits, since the coastline offers a sea route
for the nation which assists in sea trade and huge fishing industry. In addition,
bordering China offers many modernization benefits which assist in uplifting the
technology.”

“However, the coastline has also assisted expansion of TOC, as a majority of

illegal commodities, such as drugs, are shipped into the country via the sea route. Due to
enormous corruption in the public and security sectors, smuggling goods through the
ports in India is relatively easier. In addition, considering that water transport can carry a
huge amount of goods, most criminal prefer using this kind of transport. In
addition, being a neighbouring country to a nation, such as Pakistan, also contributes to
increasing of transnational organized crimes, as the latter suffers from the same issues as
India .”

Corruption in Pakistan is very high and governance is poor, which also makes it an ideal
location for most criminals. As such, illegal business is transacted between both countries
and, since they can access cheap technologically advanced gadgets, the criminal
activities further increases. Furthermore, since the borders of both countries are
equally insecure, smuggling goods in both countries is easier which further
facilitate the increase of TOC. Furthermore, the criminals, when they become
vulnerable to law enforcers in either of the two countries, can take refuge in the other.
For instance, those individuals that are haunted by police in India opt to take refuge in
Pakistan, where they have associates willing hind them. This makes investigations
and arresting of such criminals rather challenging.

17
E) Poverty

“28.5 percent of the population of India lives below the poverty line. These individuals
are mostly those that earn less than 33 rupees a day. However, those who are poor are
more than this figure, since most of the individuals earn about 40 rupees and below.
This class of individuals faces most of the challenges encountered by poverty, since such
income is insufficient to sustain most family’s needs in a country where prices of
commodities are skyrocketing every day.”

“This poverty rate makes most of the Indians find other ways to make money to
supplement their earnings. Most of them opt to join TOCs which offer better and easier
way of making cash that is untaxable. Furthermore, running a genuine business is almost
equally the same as illegal once, since one has to bribe the police, irrespective
whether activities being carried out are good or bad. In addition, keeping a legal business
in India is often costly, since one needs a capital to stock the enterprise which is
unavailable to poor families. The fact that individuals only have to join a group of
transnational organized crime to start making a considerable amount of money often
prompts most poor individuals to carry out illegal acts.”
F) Lack of Education

“Lack of Education in India has been a problem since it attained its

independence. Although, the country in recent years has made considerable progress
on rates of enrollment and access to schooling in primary education, the number of
dropouts is notably high and the level of learning is still low. In Countrywide, 29 % of
learners drop out before finishing five years of primary school, while 43% before
completing upper primary school. As such, the number of illiterate remains high.”

“This population is mostly poor and unemployed, since they do not meet the
requirements of a job market. This usually prompts them to join criminal groups to get
money for their upkeep. OC groups offer alternative places of employment these
uneducated can take, which further causes an increase of criminal activities. Due to a
large portion of population available and willing to work in the network of illegal
business, it becomes harder for the authorities in India to control OCs.”

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 G) Unemployment Problems

Unemployment rate in India is a major issue and is becoming a serious problem, since the
population of jobless individuals is rising every year. Many of those who manage to
graduate stay for years without getting employed. This makes most of the job seekers get
frustrated and hopeless, prompting them to join criminal groups. This further facilitates
an increase of transnational organized crimes, as the educated people provide the
skills needed to manage the illegal business activities. Some of them are well
equipped with a computer and other technological skills required for transacting and
erasing any evidence.
Problems in control efforts

A) Inadequate Legal Structure

There are a few challenges in combating composed wrongdoing. As a matter of first

importance, India does not have an extraordinary law to control/stifle sorted out
wrongdoing. Being a proceeding with scheme, the occurrences of sorted out wrongdoing
are managed under the general connivance law and applicable uncommon Acts. The
current law is insufficient as it targets people and not the criminal gatherings or criminal
endeavors. Tricks are brought forth in obscurity and demonstrating them in a courtroom is
a gigantic errand. Being an individual from the pack of dacoits or hoodlums is culpable
under the Penal Code, however being an individual from some other group of hoodlums
isn't. The prime reason for sorted out wrongdoing is cash through muscle control,
including the authorities working the criminal equity framework and the authorities and
legislators in power. It is, along these lines, basic that the criminal gathering and being its
part or partner, is condemned, as has been done in numerous nations.

B) Difficulties in Obtaining Proof

As sorted out criminal gatherings are organized in a various leveled way, the higher
echelons of initiative are protected from law requirement. It might be conceivable to have
the real culprits of wrongdoing sentenced, yet it is hard to go past them in the order in
view of principles of proof, especially, non-acceptability of admissions made by
hoodlums before the police. The observers are not willing to remove because of a
paranoid fear of their lives and there is no law to give insurance to the observers against
sorted out posses. The sources are not willing to approach as some sort of disgrace is

19
joined to being a 'witness'. In wrongdoings of savagery, there is not really any narrative
proof. In certain wrongdoings like betting and prostitution, the general population by and
large are willing members. Episodes of killing of observers or their being paid off or
undermined do surface every once in a while. A few judges and officers were slaughtered
in Punjab. These troubles hamper the control endeavours.

C) Slow Pace of Trials & Low Conviction Rate

“Equity postponed is equity denied' is an outstanding adage. The pace of preliminaries in

India is moderate. Out of 7.12 million cases pending in the nation, 0.77 million have been
pending preliminary for over 8 years (18.6% of the aggregate). The normal time of
preliminary in grave offenses differs from State to State however it is very significant and
may keep running into years. This, combined with different” elements, has brought about
low conviction rates. Just about 38% homicide and assault cases result in conviction in
India. The level of conviction in dacoity cases is still lower. Thus, individuals are losing
confidence in the adequacy of the criminal equity framework and have turned out to be
skeptical, detached and non-helpful in control endeavours

D) Lack of Resources & Training

In our Constitutional fame work, the police are the State's subject. Examination of cases,
their arraignment and the setting up of the criminal courts is the obligation of the State
Government concerned. A large portion of the States face an assets crunch and are not in
the situation to save sufficient assets for the criminal equity framework organizations.
The quantity of police work force posted in police headquarters is lacking. In addition,
barely any preparation offices exist for the examination of sorted out wrongdoing.
Further, there are no exceptional cells to deal with sorted out wrongdoing examinations.
The investigators neither have any unique fitness nor any specific preparing for leading
composed wrongdoing cases. Besides, they are helpless against incessant moves bringing
about intermittence in arraignment endeavors. Additionally, the quantity of courts is
insufficient as sorted out wrongdoing case are attempted by conventional courts, there is
unreasonable deferral in their transfer because of substantial excesses.

E) Lack of Co-ordination

India does not have a national dimension office to co-ordinate the endeavors of the
State/city police associations just as focal authorization organizations, for battling

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composed wrongdoing. Further, there is no office to gather, order, break down, record
and capacity as a focal trade of data identifying with universal and between state posses
working in India and abroad. Essentially, there is no arrangement of continued quest for
chosen packs at the national and State level. Aside from absence of institutional casing
work, there are issues of coordination between the Central Government and the State
Governments and between one State Government and another State Government because
of contrasts in political discernments. This issue turns out to be very intense when diverse
ideological groups are in power at the middle and in the States. In this way, there shows
up be no supported exertion to battle sorted out wrongdoing. The data that comes under
the control of Central and State researching organizations isn't exhanged and, if
exhanged, not progressively. In this manner, profitable signs are lost.

F) 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.
Similarly, some countries have laws “against terrorism but others do not. Extradition of
criminals from one country to another is possible only when the principle of dual
criminality is satisfied. India has faced problems in the extradition of certain fugitive
criminals on this count.”

G) Criminal, Political & Bureaucratic Nexus

In India, there has been a growth, as well as the spread of drug mafias, criminal gangs
peddlers, armed Senate, and smuggling organizes groups. Over the years these
individuals have developed an extensive network of contacts with other government
officials and bureaucrat functionaries, media person and politicians, as well as
democratically elected at the local levels. The issue is also aggravated by the fact
that these syndicates also have a link internationally, including foreign intelligence
agencies. In some of the states, for instance, Uttar Pradesh, Haryana, and Bihar, some
gangs enjoy the patronage of various local politicians cutting across the party lines.
Some of the leaders are even the heads of the armed Senate and groups. Such
resultant elements have acquired significant political clout, severely jeopardizing a

21
 smooth function of the administration, as well as property and life safety of ordinary
persons. Therefore, because of the influence these syndicates have, the prosecuting
and investigating agencies find it difficult to deal with them efficiently. Thus, the
law enforcement agencies experience hardship about smashing these networks in
the legal framework. This is because of the political and money power linkages of
the organized crime groups. The problem becomes further compounded in situations
where the leaders of the gangs are parliamentarians. As such, India faces a huge
problem due to TOC, because the lawmakers are the lawbreakers. Therefore, it is
unrealistic to expect a positive outcome from the fight against the crimes and
syndicates.11
Landmark Cases:
Shankar Guha Neogi Murder Case
“Shankar Guha Neogi, a top work pioneer of Central India, was shot dead in September,
1991, while dozing in his home. On the solicitation of the Government of Madhya Pradesh,
the CBI moved enthusiastically. Examination revealed that he had given a strike call to
around 80,000 labourers of his association in Bhillai-Raipur Belt,” requesting profitable
wages and permanency of employments for them. As the strike proceeded for right around
nine months, this normally exasperates the working of a few mechanical units, especially,
that of steel fabricating units of the Shah family. Examination further uncovered that an
individual from the Shah family, along with three others, including two nearby wears, had
travelled to another country to buy guns for killing Neogi. The sign came as an anonymous
inland letter giving the above data and referencing the names of people who had travelled to
another country. Doubt was fortified because of the vanishing of an individual from the Shah
family after the episode. Taking a shot at this piece of information, CBI, with the assistance
of the neighbourhood police, captured the culprits of this wrongdoing. The Shah family had
“appointed the undertaking of wiping out Neogi to a nearby wear who enlisted an expert
assassin having a place with a neighbouring State. It was an instance of agreement executing
and some cash was paid before the slaughtering by the Shah family and the equalization sum
was to be paid after the commission of wrongdoing. “The executioner stole away after the
occurrence and it took very nearly two years to follow him down. There were three levels in
the intrigue. In the main level were the sparks i.e the Shah family who needed Neogi
murdered. In the second level was the nearby wear who sorted out the killing. The third level

11
Crime Scenario in India : Need to Strengthen Criminal Laws

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comprised of the genuine shooter and his partners. Subsequent to careful examination, the
charge sheet was documented against nine blamed people. The case was chosen a year ago
and the preliminary Court sentenced seven charged. While six people were given life
detainment, the executioner was requested to be hanged. The case is currently pending High
Court affirmation of capital punishment. This is one of only a handful couple of instances of
composed wrongdoing in which three levels of culprits, including two individuals from the
Shah family, have been sentenced.
L.D. Arora Murder Case
“L.D. Arora, a senior officer of the Customs Department, was shot dead in 1993, at point
clear range, while escaping his vehicle before his home in the Allahabad town of Uttar
Pradesh. He had quite recently come back from his office. The obscure aggressor had been
hanging tight for him under the stair instance of the multistoreyed working in which Arora
lived. The Uttar Pradesh Police couldn't get a leap forward. The case at last came to CBI.
Examination began from Bombay where the perished was posted for quite a while and had
descended intensely on various pirating groups, including that of infamous runners Md. Dosa,
Tiger Memon and Dawood Ibrahim. His general notoriety and family life were additionally
observed to be great, hence it appeared that the slaughtering was submitted because of expert
reasons. Arora had been undermined by the bootleggers previously. Indeed, even after his
exchange from Bombay to Allahabad, he was running his sources and passing on data to his
partners in Bombay, bringing about substantial scale seizures of booty. A speculate phone
number of a neighboring nation and investigation of the phone print out uncovered that few
calls had been made to a few numbers in Bombay and Delhi. Supporters of the called numers
were addressed and one in Delhi unveiled that he was being called by famous criminal Om
Prakash Srivastava from abroad. At the point when examined regarding his association with
Babloo, he revealed that Babloo was his neighbor, living in a leased house, about a year back
and had slipped off after a homicide case (not Arora murder case). The Delhi Police records
were checked and it was discovered that Babloo was suspected in that murder case. It was
additionally discovered that Babloo was an agreement executioner and runner. This made
him a solid suspect. Invesigation likewise unveiled that Babloo had over and again called an
inn number in Allahabad, a few times when continuing Arora's homicide and furthermore
upon the arrival of the homicide. The inn register unveiled that a portion of his partners had
remained in that inn and got calls from Babloo. Babloo's partners had given right names in
the inn records however wrong locations. Be that as it may, on further check the names and
addresses of the suspects were confirned. The shooter was gotten in Delhi and his revelation

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uncovered that Babloo had sorted out this executing on the guidelines of runner Md. Dosa
from Dubai. He likewise uncovered how the intrigue was arranged, how the vehicle and arms
were given by Babloo and his partners, and how Arora was disposed of. The vehicle engaged
with the wrongdoing was seized. He got Rs. 1.00 lac for the executing and Babloo got 15.00
lacs from Md. Dosa. Capture warrants were taken from the Court and Interpol cautioned.”

“In 1995, data was gotten that Babloo was travellng to Singapore from Dubai on a Nepalese
identification. Interpol Singapore, was cautioned and they kept Babloo at the air terminal. On
being educated of this improvement, Indian authorities traveled to Singapore and presented
the capture warrant and other significant reports in the Court. The unsettling part of this case
was that Babloo was going under an expected name on a certifiable Nepalese international
ID. Amid addressing by the Singapore Police, he imagined that he was not the individual
needed by CBI. It was vital not exclusively to set up an at first sight case in the Extradition
Court at Singapore yet in addition to immovably build up his personality. Indian authorities
influenced his senior sibling to swear a sworn statement to demonstrate his personality and
fingerprints from Singapore and India were coordinated. The Extradition Magistrate held that
there was a by all appearances body of evidence against Babloo in all the court cases. He was
removed to India in August 1995 and is confronting preliminary at this point. This was the
main removal case in 45 years.”
Terrorist Funding Case
”An militant was captured by Delhi Police at some point back alongside some remote cash
and objectionable archives, including letters composed by a top activist pioneer from abroad
to his partners in India. His cross examination uncovered remote connections and remitance
of a lot of cash into India from an outside source through the 'hawala' channel. Because of its
significance, CBI was approached to assume control over the case. One more blamed was
captured whose scrutinizing” revealed that he had travelled to another country and went into
a criminal intrigue with some psychological militant sympathizers to build up a fear based
oppressor arrange in India. The cash was to originate from a remote source by means of the
'hawala' channel. The cash did come and the instalment was made in Delhi by a low
dimension 'hawala' administrator. The cash so got was utilized for buying bank drafts for the
sake of imaginary people. This was, maybe, done to keep the character of the beneficiaries
mystery so this cash could be utilized for psychological oppressor subsidizing without
location. Amid examination various 'hawala' administrators were captured who revealed the
names of their principals. Vast scale looks were directed in the business premises of the

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fundamental 'hawala' administrators which prompted the recuperation of Rs. 1.5 crores in real
money and an individual journal appearing of about Rs. 58.00 crores to different lawmakers
and civil servants in India. This case is currently prevalently known as Jain Hawala Case. The
charge-sheets were documented against a few recepients of hawala cash despite the fact that
the proof was not authenticated. While the principle case (i.e psychological oppressor
subsidizing case) is advancing admirably in the Court, the Jain Hawala Case, which was
observed by the Supreme Court under its writ purview, is by and by involved in prosecution
in the Delhi High Court.
Advocate Shanmughsundram Case
“Mr. Shanmughsundram, a rehearsing legal advisor, was severely assaulted in his habitation
in May 1995, in a southern State. The assault came in full perspective on his own staff. The
unfortunate casualty was assaulted as he was going to document an appeal in the High Court
against the degenerate exercises of an incredible legislator. The neighborhood police made a
few captures yet that did not inspire the certainty of the lawful network. The case was given
over to the CBI by the High Court. Examination revealed that “the person in question,
however politically partnered, was attempting to look for legal mediation. This incensed the
legislator who had the assault sorted out through his subordinates. The job of the
neighborhood police was suspect in that they organized the surrender of specific hoodlums
who were really not associated with the assault, however consented to possess obligation with
the end goal of protecting a politically ground-breaking group of thugs. CBI examination
built up the personality of the genuine offenders. They were captured and sent to preliminary.
“Welding Kumar, the wear who had sorted out the assault, was himself not present but rather
was accused of criminal trick. Every one of the aggressors, including” Welding Kumar, have
been sentenced forever. Be that as it may, the examination couldn't go past Welding Kumar
as sufficient proof couldn't be developed against the inspirations, the third level. This is a
typical issue looked in examinations of composed wrongdoing.
Conclusion:
“Organised crime is as a matter of first importance a residential issue and, when unchecked, it
expect a transnational character. Sorted out crime succeeds inasmuch as countries grant it to
succeed. The above all else venture in our control endeavours ought to be to keep 'episode' or
normal crime inside sensible limits by holding criminal components under determined’ law-
authorization weight. In the event that we prevail in this exertion, we would have blocked or
possibly reduced the likelihood of unattached criminal systems and the marvel of sorted out
crime. Sorted out crime, contingent on its power, spread and measurements, must be battled

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by a deft blend of reinforcing of criminal laws and criminal equity framework; standardizing
a national and State level co-ordinating component and including the broad communications
in control endeavors. Law requirement, anyway productive, can't prevail independent from
anyone else without solid political responsibility. This pre-assumes rejection of criminal
components and their political sympathizers from chose open workplaces. As sorted out
crime is for the procurement of cash influence, it is basic that the stream of cash to composed
criminal gatherings is evaporated through stringent authoritative and implementation activity.
A majority rule government has inborn ailments which show themselves in the working of
criminal equity offices. Regardless of best endeavors, local crime is probably going to spill
into the worldwide field and frequently does. Subsequently, the requirement for global co-
activity in smothering it as quick removal of outlaw lawbreakers, extradition of bothersome
outsiders; common legitimate help with examinations and arraignments and expedient
execution of Red Corner sees issued by Interpol. Further, the worldwide network must
assemble their heads to orchestrate removal and expelling laws and to limit the extent of
'political offenses' in removal laws and the Interpol sanction. The battle against composed
transnational crime is an impressive errand, however elevated open awareness, expanding
administrative concern and commonly subordinate interests of the universal network do give
us a beam of expectation.

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