Dinesh Jangid Final File
Dinesh Jangid Final File
Dinesh Jangid Final File
Chapter 1 Introduction
1.1 Introduction:
Organized crime poses a significant challenge to the socio-economic fabric and the
rule of law in India. Over the years, the landscape of organized crime in the
country has evolved, presenting new complexities and threats that demand a
comprehensive understanding and strategic response. This analytical study aims to
delve into the various dimensions of organized crime in India, highlighting
emerging issues, identifying challenges, and proposing viable solutions.
One of the emerging issues in the realm of organized crime in India is the nexus
between criminal syndicates and elements within the political and bureaucratic
establishment. This symbiotic relationship not only enables criminal enterprises to
2
thrive with impunity but also undermines the integrity of democratic institutions
and erodes public trust in governance. Furthermore, the advent of technology has
facilitated the expansion of cybercrime networks, presenting new challenges in
combating digital threats and ensuring cybersecurity.
In subsequent sections, this study will delve deeper into the specific manifestations
of organized crime in India, analyze its impact on various sectors, and propose
targeted interventions to address these challenges effectively.
* Madan Lal Sharma. Organized crime in India: Problems and Perspectives, 108 th International seminar visiting
expert’s papers.
The study of organized crime in India holds significant importance due to its wide-
ranging implications for society, governance, and national security. Several key
aspects highlight the importance of this study:
1. National Security Concerns: Organized crime poses a serious threat to
national security by fueling violence, undermining law and order, and eroding the
sovereignty of the state. Understanding the dynamics of organized crime is crucial
for safeguarding the integrity of the nation and protecting its citizens from internal
and external threats.
2. Socio-Economic Impact: Organized crime exerts a detrimental impact on the
socio-economic fabric of society, hindering economic development, distorting
markets, and perpetuating inequality. By assessing the socio-economic
ramifications of organized crime, policymakers can devise targeted interventions to
mitigate its adverse effects on individuals, communities, and businesses.
3. Rule of Law and Governance: The proliferation of organized crime
undermines the rule of law and erodes public trust in governance institutions.
Examining the challenges faced by law enforcement agencies and the judiciary in
combating organized crime is essential for strengthening institutional capacity,
enhancing accountability, and restoring public confidence in the criminal justice
system.
6
The literature on organized crime in India provides valuable insights into the
various dimensions, dynamics, and challenges associated with this pervasive
phenomenon. Drawing upon a diverse array of scholarly research, empirical
studies, government reports, and journalistic accounts, the literature review
highlights key findings and contributions in the field of organized crime studies in
India.
Historical Context: Many studies contextualize the emergence and evolution of
organized crime in India within historical, socio-economic, and political
frameworks. They trace the roots of organized crime to colonial legacies, post-
independence socio-economic transformations, and the nexus between criminal
elements and political elites.
Types of Organized Crime: The literature documents the diverse manifestations
of organized crime in India, including drug trafficking, human trafficking, arms
smuggling, extortion, money laundering, cybercrime, and illicit wildlife trade. It
analyzes the modus operandi, structures, and networks of criminal syndicates
operating in different regions and sectors.
Regional Variances: Several studies highlight the regional variances in organized
crime dynamics, reflecting variations in geography, demographics, and socio-
economic conditions. They examine the unique challenges posed by organized
crime in states with porous borders, coastal regions, urban centers, and conflict-
affected areas.
* Nafiu Ahmed. Transitional organized crime in India: A new Framework of Analysis, European Journal of Social
Sciences 2(5):33-49.
** Sumita Sarkar, Arvind Tiwari, Combating Organized crimes, A case study of Mumbai City, Institute for conflict
Management, South Asia Terrorism Portal
8
Based on the objectives and the existing literature, here are some research
questions that could guide the study on organized crime in India:
Q.1. What are the emerging trends and patterns of organized crime in India, and
how have they evolved over time?
Q.2. How does organized crime impact the socio-economic fabric of Indian
society, including its implications for public safety, public health, and national
security?
Q.3. What are the key challenges faced by law enforcement agencies and the
judiciary in combating organized crime in India, and how do these challenges vary
across regions and sectors?
Q.4. What is the nature and extent of the nexus between criminal syndicates and
elements within the political and bureaucratic establishment in India, and what are
the implications for governance and the rule of law?
Q.5. How effective are the existing legal frameworks and policy responses in
addressing organized crime in India, and what are the gaps and limitations in their
implementation?
Q.6. What are the socio-economic and political factors that contribute to the
proliferation of organized crime in different regions of India, and how do these
factors intersect with issues such as poverty, unemployment, and social inequality?
10
Q.7. How can community participation and grassroots initiatives are leveraged to
prevent and combat organized crime in India, and what role do civil society
organizations and local institutions play in this regard?
Q.8. What opportunities exist for enhancing international cooperation and
collaboration in combating transnational organized crime networks operating in
India, and what are the challenges and barriers to such cooperation?
Q.9. How can innovative technologies and data analytics be utilized to strengthen
law enforcement efforts and disrupt the operations of organized crime networks in
India?
Q.10. What policy recommendations can be proposed to address the identified
challenges, strengthen institutional capacity, and foster multi-stakeholder
collaboration in the fight against organized crime in India?
1.6 Hypothesis
Formulating hypotheses can help guide the research direction and provide a
framework for testing and analyzing data. Here are some hypothetical statements
based on the research questions and the context of organized crime in India:
Increased socio-economic disparities and inadequate governance structures
contribute to the proliferation of organized crime in India, particularly in regions
with high poverty rates and weak law enforcement.
*Abadinsky Howard (2003). Organized Crime. Belmont ,California: Wordsworth Publishing Company.
**Albert K. Cohen, A. L. (1956). The Sutherland Papers. Bloomington: Indiana University Press.
*
Monika Sharma. August, Organized Crimes: An overview, Indian Journal of Law and Human Behavior, 2019, 5(5).
** Nichos Farrelly. December, Organized Crimes Control in Aisa Experiences from India, China and the Golden
Triangle, SSRN, 2014.
11
This hypotheses serve as starting points for empirical research and data analysis,
guiding the investigation into the complexities of organized crime in India and
informing evidence-based policy-making and interventions.
Introduction
Historical Background Of Organized Crime In India.
Legal Instruments Or Laws Dealing With Organized Crime In The
State Of Rajasthan, India And At International Level.
Organized Crime In The State Of Rajasthan.
Challenges In Combating Organized Crime.
Judicial Approach Toward Organized Crime.
1.9 Conclusion
The literature review provided a foundation for the study by synthesizing existing
knowledge and identifying gaps in research. It highlighted the historical context,
regional variances, political-criminal nexus, law enforcement challenges, legal
frameworks, community perspectives, and international dimensions of organized
crime in India.
Building upon this knowledge, the research methodology outlined a multifaceted
approach to data collection, analysis, and interpretation. By combining qualitative
and quantitative methods, conducting case studies, and adopting an
interdisciplinary perspective, the study aims to generate robust findings that can
inform evidence-based policy-making and interventions.
The hypotheses formulated provide testable propositions for empirical research,
guiding the investigation into the root causes, mechanisms, and impacts of
organized crime in India. These hypotheses serve as guiding principles for data
analysis and interpretation, facilitating the development of nuanced insights and
policy recommendations.
Ultimately, the findings of this study have the potential to contribute to the
advancement of knowledge, the enhancement of institutional capacity, and the
promotion of multi-stakeholder collaboration in the fight against organized crime
in India. By addressing the identified challenges, proposing viable solutions, and
advocating for evidence-based policies, this study seeks to strengthen the resilience
of Indian society and safeguard the rule of law against the threats posed by
organized crime.
15
2.1 Introduction
Organized crime in India has a rich and complex history, shaped by a confluence
of socio-economic, political, and cultural factors. This chapter delves into the
historical development and background of organized crime in India, exploring its
evolution, defining characteristics, and changing dynamics over time.
Organized crime refers to criminal activities that are carried out by structured
groups typically operating over an extended period. These groups, often referred to
as criminal syndicates or organized crime networks, have a hierarchical structure,
clear division of labor, and employ systematic methods to pursue illicit activities
for profit or power. The concept of organized crime encompasses a wide range of
illegal enterprises, including drug trafficking, human trafficking, extortion,
racketeering, money laundering, cybercrime, and more.
**Deb. R. (1995). Principles of Criminology Criminal Law &Investigation . Calcutta: SC Sarkar & Sons Pvt.
Ltd.
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12. Role of Technology: The digital age has revolutionized the landscape of
organized crime, providing new avenues for illicit activities and increasing the
scale and sophistication of criminal operations. Organized crime groups leverage
technology for communication, encryption, money laundering, identity theft,
online fraud, and other cybercrimes, posing significant challenges for law
enforcement and cybersecurity efforts.
13. Interplay with Legal and Illegal Economies: Organized crime intersects with
both legal and illegal economies, influencing legitimate businesses, financial
institutions, and government agencies. Criminal organizations may infiltrate lawful
industries, engage in money laundering, or invest illicit proceeds in legitimate
enterprises to legitimize their wealth and conceal their criminal activities.
14. Social and Cultural Context: The prevalence and persistence of organized
crime are often intertwined with broader social, economic, and cultural factors
such as poverty, inequality, social marginalization, political instability, weak
governance, and historical legacies. Understanding these contextual factors is
crucial for developing effective strategies to address organized crime.
15. Ethical Dilemmas: Combatting organized crime raises complex ethical
dilemmas, particularly concerning law enforcement tactics, surveillance methods,
human rights, and privacy considerations. Balancing the imperative to uphold the
rule of law with respect for individual rights and liberties requires careful
deliberation and adherence to legal and ethical standards.
16. Cultural Dimensions: Cultural factors play a significant role in shaping the
dynamics of organized crime. In some contexts, organized crime may be deeply
entrenched in local cultures, norms, and traditions, influencing social perceptions,
behaviors, and attitudes towards criminal activities. Cultural factors can also affect
the recruitment, socialization, and loyalty within criminal networks.
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17. Gender Dynamics: Organized crime is not immune to gender dynamics, with
men traditionally occupying prominent roles in criminal hierarchies. However,
there is increasing recognition of the involvement of women in various aspects of
organized crime, including leadership positions, money laundering, and human
trafficking. Gender-based analysis is essential for understanding the distinct
experiences and vulnerabilities of men and women involved in organized crime.
18. The Role of Informal Economy: Organized crime often thrives within
informal economies characterized by a lack of regulation, oversight, and legal
protections. Informal economies provide fertile ground for illicit activities such as
smuggling, counterfeit goods trade, and unlicensed businesses. Organized crime
groups exploit these vulnerabilities to generate profits and expand their influence.
19. Psychological Factors: Psychological factors, such as greed, power-seeking
behavior, and thrill-seeking tendencies, can drive individuals to participate in
organized crime. The allure of quick wealth, status within criminal circles, and the
adrenaline rush of engaging in illicit activities can be powerful motivators for
individuals to join or collaborate with criminal networks.
20. Resilience and Adaptation: Despite law enforcement efforts to disrupt their
operations, organized crime groups often exhibit resilience and adaptability. They
may diversify their criminal activities, relocate operations to new areas, or
establish alliances with other criminal organizations to mitigate risks and maintain
profitability. Understanding the resilience mechanisms of organized crime is
crucial for developing effective counter-strategies.
21. Community Responses: Communities affected by organized crime often
develop their own responses to mitigate its impact, including neighborhood watch
programs, community policing initiatives, and grassroots advocacy efforts.
Empowering communities to resist criminal influence, foster social cohesion, and
20
The historical roots of organized crime in India can be traced back to ancient times,
with references to organized criminal activities found in ancient texts and
scriptures. However, the modern manifestation of organized crime in India can be
attributed to various historical developments, including colonial rule, post-
independence socio-economic transformations, and globalization.
During colonial rule, the British East India Company and subsequent British
administrations facilitated various forms of criminal enterprises, including the
opium trade, smuggling, and organized crime syndicates such as the Thuggee cult.
The colonial legacy left deep scars on Indian society, paving the way for the
emergence of organized crime networks in the post-independence era.
Organized crime in India encompasses a wide array of illicit activities, each with
its own modus operandi, actors, and consequences. Some of the most prevalent
types of organized crime in India include:
Organized crime refers to criminal activities that are carried out by structured
groups or syndicates with the primary goal of generating profit or power through
22
**.McCaffrey, L. J. (1976). The Irish Diaspora in America. Bloomington: Indiana University Press.
23
**Model Treaty on Mutual Assistance in Criminal Matters (GA RES 45/117 amended by GA RES n
53/112). (1990, December 14). Retrieved from UNODC:
http://www.unodc.org/pdf/model_treaty_extradition_revised_ manual.pdf
25
**Nigam, R. (1965). History and Principles of Criminal Law. Bombay: Asia Publishing House .
***Organised and Serious Crime Ordinance 1994. Retrieved from Hong Kong, China Organised and
Serious Crime Ordinance (Chapter445)http://www.wipo.int/wipolex/en/text.jsp?file_id=187141
26
Georg Simmel: Georg Simmel, "The Metropolis and Mental Life," in The Sociology
of Georg Simmel, ed. Kurt Wolff (New York: Free Press, 1950), 409-424.
29
Albert J. Reiss: Albert J. Reiss, a sociologist, defined organized crime as "a group
that engages in activities that violate the law, that is composed of individuals who
pursue goals in a systematic and coordinated fashion, and that maintains continuity
in its operations over time." Reiss emphasized the structured and coordinated
nature of organized crime groups, as well as their persistence and longevity in
carrying out illegal activities.
Richard Clutterbuck: Richard Clutterbuck, a security studies scholar, described
organized crime as "the interaction of people in a structured hierarchical system
that is engaged in a range of criminal activities for financial gain." Clutterbuck
highlighted the hierarchical organization and profit motive of organized crime
groups, emphasizing their adaptability and flexibility in pursuing diverse criminal
enterprises.
Alan Block: Alan Block, a criminologist, defined organized crime as "a non-
ideological enterprise involving a number of persons in close social interaction,
organized on a hierarchical basis, with at least three levels/ranks, for the primary
purpose of securing profit and/or power by engaging in illegal activities." Block
emphasized the hierarchical structure, profit orientation, and social cohesion within
organized crime groups, as well as their focus on illegal activities.
Alan Block: Alan Block, "The Definition of Organized Crime: A Critique and an
Alternative," International Journal of Comparative and Applied Criminal Justice 6,
no. 1 (1982): 1-16.
31
David M. Kennedy: David M. Kennedy, Don't Shoot: One Man, A Street Fellowship,
and the End of Violence in Inner-City America (New York: Bloomsbury USA, 2011),
42-43.
Jay S. Albanese: Jay S. Albanese, Organized Crime in Our Times (Burlington, MA:
Jones & Bartlett Learning, 2011), 3.
32
Moreover, the nexus between organized crime and elements within the political
and bureaucratic establishment has further complicated the landscape of organized
crime in India, enabling criminal syndicates to operate with impunity and influence
governance structures.
The emergence of new criminal enterprises, such as cybercrime and illicit wildlife
trade, alongside traditional forms of organized crime, underscores the adaptive
nature of criminal networks in India. Rapid urbanization, income inequality, and
social dislocation continue to fuel the demand for illicit goods and services,
sustaining the operations of organized crime groups.
2.7 Conclusion:
The historical development and background of organized crime in India reflect a
complex interplay of historical legacies, socio-economic transformations, and
technological advancements. Understanding the evolution and changing dynamics
of organized crime is essential for formulating effective strategies and
interventions to combat this pervasive threat to society and the rule of law. In
subsequent chapters, this study will delve deeper into the specific manifestations,
challenges, and responses to organized crime in India, informed by its historical
context and defining characteristics.
33
3.1 Introduction
This chapter examines the legal instruments and laws aimed at addressing
organized crime both at the international level and within the state of Rajasthan,
India. It explores the legislative frameworks, enforcement mechanisms, and
challenges in combating organized crime, with a specific focus on the state-level
laws applicable in Rajasthan.
At the international level, various conventions, treaties, and agreements have been
established to combat organized crime and transnational criminal networks. These
include:
At the national level in India, several laws and legislative measures have been
enacted to combat organized crime, including:
2.The Narcotic Drugs and Psychotropic Substances Act (NDPS Act): NDPS
Act regulates the production, manufacture, possession, sale, purchase, transport,
warehousing, consumption, inter-state movement, import, and export of narcotic
drugs and psychotropic substances.
*"Prevention of Money-Laundering Act, 2002," Legislative Department, Ministry of Law
and Justice, Government of India, http://legislative.gov.in/sites/default/files/A2003-
15.pdf.
4.The Prevention of Corruption Act: This act, first enacted in 1947 and
subsequently amended, aims to combat corruption in public offices and deter
individuals from engaging in corrupt practices. It provides for the investigation and
prosecution of public servants accused of corruption, including bribery,
embezzlement, and abuse of power. Strengthening anti-corruption measures is
crucial in disrupting the nexus between organized crime syndicates and corrupt
officials.
5. The Arms Act: Enacted in 1959, the Arms Act regulates the possession,
acquisition, manufacture, sale, transport, import, and export of firearms and
ammunition. It aims to prevent the proliferation of illicit arms and curtail their use
in organized criminal activities such as extortion, gang violence, and terrorism.
The act imposes strict licensing requirements and penalties for unauthorized
possession or trafficking of firearms.
*"The Unlawful Activities (Prevention) Act, 1967," Legislative Department, Ministry of
Law and Justice, Government of India, http://legislative.gov.in/sites/default/files/A1967-
37.pdf.
**"The Prevention of Corruption Act, 1988," Legislative Department, Ministry of Law and
Justice, Government of India, http://legislative.gov.in/sites/default/files/A1988-49.pdf.
**"The Arms Act, 1959," Legislative Department, Ministry of Law and Justice,
Government of India, http://legislative.gov.in/sites/default/files/A1959-54.pdf.
36
10. Immoral Traffic (Prevention) Act, 1956: The Immoral Traffic (Prevention)
Act aims to combat trafficking in persons for the purpose of prostitution and other
immoral purposes. It provides for the prevention, suppression, and rehabilitation of
victims of trafficking and seeks to dismantle organized criminal networks involved
in human trafficking.
11. The Maharashtra Control of Organised Crime Act (MCOCA), 1999:
MCOCA is a state-level legislation enacted by Maharashtra to combat organized
crime syndicates operating within its jurisdiction. It provides for the stringent
punishment of organized crime offenders and the confiscation of their ill-gotten
assets. Sections 120A, 396, 397, 398 of the Indian Penal Code (IPC): These
sections of the IPC deal with various offenses related to organized crime, including
criminal conspiracy, dacoity with murder, armed robbery, and extortion. They
provide for severe penalties for individuals involved in planning, executing, or
abetting organized criminal activities.
12. Section 109 of the Bombay Nursing Homes Registration Act (BNS):
Section 109 of the BNS Act imposes penalties for offenses related to the operation
of unregistered nursing homes or medical facilities. It aims to regulate healthcare
services and prevent illegal activities, including those perpetrated by organized
crime syndicates exploiting vulnerable sectors such as healthcare.
*"Maharashtra Control of Organised Crime Act, 1999," Government of Maharashtra,
Home Department,
https://home.maharashtra.gov.in/Site/Upload/Government%20Resolutions/MCOCA%20
Act%201999.pdf
.**"The Bombay Nursing Homes Registration Act, 1949," Maharashtra Medical Council,
http://www.maharashtramedicalcouncil.in/pdf/BombayNursingHomesRegistrationAct19
49.pdf.
.*** "The Indian Penal Code, 1860," Legislative Department, Ministry of Law and Justice,
Government of India, http://legislative.gov.in/sites/default/files/A1860-45.pdf.
38
These laws, along with other legislative measures and institutional mechanisms,
constitute a robust legal framework for combating organized crime at the national
level in India. However, effective enforcement, capacity-building of law
enforcement agencies, judicial reforms, and proactive measures to address
emerging threats are essential to strengthen India's resilience against organized
criminal activities.
Although relatively rare in contemporary times, instances of Sati may still occur in
certain communities and are addressed through this legislation.
Other Acts Related to Organized Crime: Additionally, Rajasthan may have other
laws targeting specific forms of organized crime prevalent in the state, such as
those related to cattle smuggling, land mafia activities, or illegal mining
operations.
Corruption within law enforcement agencies may also facilitate the activities of
organized crime groups, with officers turning a blind eye to criminal activities in
exchange for bribes or political patronage. This collusion between criminals,
politicians, and law enforcement undermines the rule of law and erodes public trust
in governance institutions.
It operates under the provisions of RCOCA and other relevant laws and is
responsible for coordinating intelligence-gathering efforts, conducting targeted
operations, and apprehending high-profile criminals involved in organized crime
activities.
The STF plays a crucial role in implementing RCOCA and ensuring the effective
enforcement of laws aimed at combating organized crime in Rajasthan.
Conclusion:
The legal instruments and laws dealing with organized crime at the international,
national, and state levels play a crucial role in preventing and combating various
forms of criminal activities. While international conventions provide a framework
for cooperation and coordination among countries, national and state-level
legislation addresses specific challenges and contexts within their jurisdictions.
In the state of Rajasthan, laws such as the Mob Lynching Act, Paper Leak Act, Sati
Act, and Dayan Pratha Act target specific forms of organized crime prevalent in
the region. However, the effectiveness of these laws depends on their enforcement,
the integrity of law enforcement agencies, and efforts to tackle the nexus between
organized crime, politics, and law enforcement.
4.1 Introduction
Rajasthan, known for its rich cultural heritage and vibrant history, also grapples
with the menace of organized crime. This chapter provides an in-depth analysis of
organized crime in the state, exploring the types of criminal activities prevalent,
major syndicates operating, available data on organized crime incidents, and the
implications for law enforcement and society.
Drug Trafficking: Rajasthan serves as a major transit route for drug trafficking,
with narcotics such as opium, heroin, and cannabis being smuggled across state
borders. The porous borders with neighboring states and countries facilitate the
movement of drugs, contributing to drug abuse and addiction among the
population.
Human Trafficking: Rajasthan is a source, transit, and destination state for human
trafficking, particularly for forced labor, sexual exploitation, and child trafficking.
Vulnerable populations, including women and children from impoverished
communities, are targeted by organized criminal networks for trafficking purposes.
Wildlife Trafficking: The state's diverse flora and fauna make it a target for
wildlife trafficking, with rare and endangered species being smuggled for illegal
trade. Poaching, smuggling of wildlife products, and habitat destruction pose
significant threats to biodiversity and conservation efforts in Rajasthan.
individuals for monetary gain. Threats, intimidation, and violence are used to
coerce victims into paying protection money or facing dire consequences.
Illegal Mining and Land Mafia Activities: Rajasthan's rich mineral resources
make it susceptible to illegal mining operations, with organized crime syndicates
exploiting loopholes in regulations for unlawful extraction and smuggling of
minerals. The land mafia also engages in encroachment, land grabbing, and illegal
construction activities.
Mining Mafia and Land Cartels: The mining mafia and land cartels in Rajasthan
engage in illegal mining operations, encroachment of public lands, and illicit land
transactions. They wield significant influence over local politics and law
enforcement, undermining efforts to regulate and control natural resource
exploitation.
Anand Pal Singh was a notorious criminal and gang leader who
operated primarily in the Shekhawati region of Rajasthan. He gained
notoriety for his involvement in various criminal activities, including
extortion, murder, and kidnapping.
The Anand Pal Singh Gang was known for its audacious attacks on
law enforcement personnel and rival criminal gangs. Anand Pal Singh
cultivated a Robin Hood-like image among certain sections of society,
portraying himself as a defender of the oppressed and marginalized.
* www.freepressjournal.in. ** Hindustan Times. 13 July 2017. *** The Financial Express. 30 June 2017
45
* "Notorious gangster threatens to kill Salman Khan". The Asian Post. 2018-01-08.
Retrieved 2022-07-19.
** https://en.wikipedia.org/wiki/Lawrence_Bishnoi#References
46
The Raju Thehat Gang, led by Raju Thehat, was a prominent criminal
organization operating in the Bharatpur district of Rajasthan. The
gang was involved in various criminal activities, including extortion,
smuggling, and contract killings.
* Merrill, John C.; Harold A. Fisher. The world's great dailies: profiles of fifty newspapers (1980). pp.
294–97.
** http://www.thestatesman.com
47
This table shows the incidence and the rate of cognizable crimes under IPC and
Special and Local Laws (SLL) from 1986 to 1996: IPC crime, in absolute number,
remained at about 1.6 million since 1990 but the SLL crime is increasing rapidly.
In 1996, IPC crime constituted 27.1% of the total crime registered. Over the
decade 1986-96, the IPC crime increased by 19.2% but the SLL crime increased by
39.8%. However, the lesser increase in the IPC crime does not appear to truly
reflect the intensity, gruesomeness and social impact of violent and opportunity
crime.
In this context, it is be useful to look at the incidence of IPC crimes under major
The next table shows the incidence of SLL crime. About 4.29 million SLL cases
were registered in 1995. There was 38.8% increase in SLL in 1985. Registration
under the Arms Act has shown a marginal increase of 3.8% over the decade.
However, there was increase of 41.4% under the NDPS Act. Suprisingly,
registration under the Gambling Act, declined by 23.2 per cent but, registration
under the Prohibition policy being pursued by the States like Haryama and Gujarat,
creating a fertile ground for organised boot-legging. Crime under the Immoral
Traffic (Prevention) Act decreased by 43% which is rather surprising.
58
4.5 Conclusion:
* Crime in India : National Crime Records Bureau, New Delhi (1996). 2. Crime in India : National Records
Bureau, New Delhi (1995). Criminal Justice : Problems and Perspectives by S. Venugopal Rao (page 131).
8. Task Force Report - The Presidents’ Commission on Law Enforcement Administration of Justice, 1967
(page 1). 9. Formation of Criminal Gangs in Big Cities by VK Saraf, former Commissioner of Police,
Bombay (unpublished study sponsored by the Government of India).
** Organised Crime : Concept and Control by Denny F. Pace and Jimmie C. Styles (page 248). 14. Op cit
note 12 (page1). 15. The Presidents Commission on Organised Crime, 1986 (pages 26-32)
*** Based on the data collected from the Office of the Commissioner of Police, Delhi. 23. Based on the
report of Joint Task Force, Karnataka. 24. Based on a paper prepared by this author (unpublished). 25.
Based on a report prepared by the Office the Commissioner of Police, Ahmedabad. 26. Based on the
investigation conducted by CBI. 27. Narcotics Control Bureau Report (1995). 28. Data compiled by the
Departmental of Revenue, Government of India, New Delhi.
**** Paper on ‘Proliferation and Smuggling of Light Weapons within the Region’ by Tara Kartha Reseach
Fellow, IDSA, New Delhi
***** Based on a paper published by the author titled ‘Crime Scenario in India : Need to Strengthen
Criminal Laws’ in CBI Bulletin (1996). 38. Such presumptions could be raised under Section 21 of the
Terrorist and Disruptive Activities (Prevention) Act, 1987, which was allowed to lapse in 1995 and has
not been substituted by another anti-terrorism law Formation of Criminal Gangs in Major cities by VK
Saraf (an unpublished study sponsored by the Government of India).
****** "Crime in India 2021 - Statistics Volume 1" (PDF). National Crime Records Bureau
59
5.1 Introduction
One of the primary challenges in combating organized crime lies in the legal and
institutional framework. Despite existing laws and enforcement mechanisms,
loopholes, inadequate resources, and bureaucratic inefficiencies hinder effective
action against criminal syndicates. Moreover, the absence of specific legislation
targeting organized crime poses challenges in prosecuting and convicting
perpetrators.
Coordination and cooperation between state and central agencies are essential for
effectively combating organized crime. However, bureaucratic hurdles, turf wars,
and jurisdictional disputes often impede seamless collaboration and information
sharing. The lack of a centralized database and communication channels further
exacerbates coordination challenges.
Case Law: In the case of Directorate of Revenue Intelligence v. Golden Impex, the
Supreme Court emphasized the need for inter-agency coordination in combating
transnational organized crime. The court underscored the importance of
intelligence sharing and joint operations to disrupt criminal networks operating
across borders.
Case Law: In the case of National Investigation Agency v. Sayeed Babu, the
Supreme Court recognized the transnational nature of organized crime and
emphasized the importance of international cooperation in combating cross-border
criminal activities. The court called for enhanced coordination between law
enforcement agencies at the national and international levels to address
transnational organized crime effectively.
5.6 Conclusion:
Case laws such as State of Maharashtra v. Bharat Shantilal Shah, Central Bureau of
Investigation v. Rajinder Kumar Dhawan, Directorate of Revenue Intelligence v.
Golden Impex, and National Investigation Agency v. Sayeed Babu provide
valuable insights and guidance for policymakers, law enforcement officials, and
judicial authorities in addressing the challenges posed by organized crime
effectively. By addressing these challenges, India can enhance its capacity to
combat organized crime and safeguard the rule of law and public safety.
62
6.1 Introduction
The judicial approach toward organized crime plays a crucial role in shaping legal
precedents, interpreting laws, and ensuring accountability in combating criminal
syndicates. This chapter examines the judicial perspective on organized crime,
focusing on the Supreme Court, Rajasthan High Court, and relevant law reports
that provide insights into landmark cases and judicial pronouncements.
The Supreme Court of India has played a pivotal role in defining the legal
framework and jurisprudence surrounding organized crime. Through its judgments
and rulings, the apex court has provided guidance on the interpretation of laws,
protection of fundamental rights, and prosecution of offenders involved in
organized criminal activities.
Case Law: In the case of State of Maharashtra v. Bharat Shantilal Shah (2008), the
Supreme Court emphasized the need for stringent legal measures to combat
organized crime. The court highlighted the gravity of organized crime and called
for coordinated efforts by state and central agencies to address the menace
effectively. The judgment underscored the importance of preventive detention and
asset forfeiture as tools to disrupt criminal networks and ensure public safety.
63
In this seminal case, the Supreme Court of India addressed the implementation and
constitutionality of the Maharashtra Control of Organised Crime Act (MCOCA) in
the context of combating organized crime syndicates. The case originated from the
state of Maharashtra's efforts to prosecute individuals involved in organized
criminal activities under MCOCA.
The Supreme Court upheld the constitutional validity of MCOCA, affirming its
provisions for preventive detention and asset forfeiture as necessary measures to
combat the grave threat posed by organized crime. The judgment emphasized the
need for coordinated efforts by state and central agencies to effectively address the
menace of organized crime, highlighting the importance of robust legal
frameworks and law enforcement measures.
Analysis:
The decision in State of Maharashtra v. Bharat Shantilal Shah provided
legal clarity on the constitutionality of MCOCA and its applicability
in prosecuting organized crime offenders.
By endorsing preventive detention and asset forfeiture provisions, the
Supreme Court recognized the exceptional nature of organized crime
and the necessity for stringent legal measures to counter it.
The judgment underscored the role of coordinated efforts between state
and central agencies in combatting organized crime, signaling the
importance of interagency cooperation and information sharing.
______________________________________________________________
*The Supreme Court upheld the constitutional validity of MCOCA, emphasizing the need for
coordinated efforts by state and central agencies to effectively combat organized crime.
64
offenders under existing laws and emphasized the importance of robust law enforcement
measures.
65
The Rajasthan High Court plays a significant role in adjudicating cases related to
organized crime within the state. Through its judgments and rulings, the high court
interprets state laws, safeguards individual rights, and provides judicial oversight
over law enforcement actions targeting organized crime syndicates operating in
Rajasthan.
Case Law: In the case of Central Bureau of Investigation v. Rajinder Kumar
Dhawan (2015), the Rajasthan High Court condemned corruption within law
enforcement agencies and stressed the importance of maintaining the independence
and integrity of investigative processes. The court called for strict action against
corrupt officials involved in organized crime activities and emphasized the need
for transparency and accountability in law enforcement actions.
In this case, the Rajasthan High Court addressed the prosecution of Gurmeet Singh
@ Bagga, a key operative of an organized crime syndicate involved in extortion
and other criminal activities in Rajasthan. The prosecution presented evidence
linking Gurmeet Singh to multiple criminal acts, including threats, intimidation,
and violence against victims who refused to comply with extortion demands.
The Rajasthan High Court's judgment emphasized the seriousness of organized
crime and the need for robust law enforcement measures to combat it effectively.
The court underscored the role of witnesses in prosecuting organized crime
69
Anandpal Singh, a notorious criminal and gang leader, was prosecuted by the state
of Rajasthan for his involvement in various criminal activities, including extortion,
murder, and kidnapping. The prosecution presented evidence linking Anandpal
Singh to multiple criminal acts, including orchestrating violent attacks on rival
gangs and law enforcement personnel.
The Rajasthan High Court's judgment in this case addressed legal and procedural
issues related to the prosecution of organized crime offenders and the role of law
enforcement agencies in maintaining law and order in the state. The court
70
emphasized the gravity of organized crime and the need for stringent legal
measures to combat it effectively.
Analysis:
The case highlighted the challenges faced by law enforcement agencies
in gathering evidence and securing convictions in cases involving
organized crime offenders, including issues related to witness
protection, evidence tampering, and witness intimidation.
The Rajasthan High Court's judgment provided legal precedents for
prosecuting organized crime offenders under state laws and
emphasized the importance of effective law enforcement measures in
dismantling criminal networks operating in the state.
The judgment underscored the role of the judiciary in ensuring fair and
transparent trial proceedings and upholding the rule of law in
combatting organized crime, signaling the judiciary's commitment to
justice and accountability.
This case involved the prosecution of Sohan Lal and other members of an
organized crime syndicate for their involvement in drug trafficking and other
criminal activities in Rajasthan. The prosecution presented evidence linking Sohan
Lal to multiple criminal acts, including drug smuggling, money laundering, and
extortion.
The Rajasthan High Court's judgment addressed issues related to evidence
collection, witness testimony, and judicial procedure in organized crime cases. The
court emphasized the importance of ensuring fair and transparent trial proceedings
and upholding the rule of law in combatting organized crime.
72
Analysis:
The case highlighted the challenges faced by law enforcement agencies
in gathering evidence and securing convictions in cases involving
organized crime offenders, including issues related to witness
credibility, evidence admissibility, and judicial delay.
The Rajasthan High Court's judgment provided legal precedents for
prosecuting organized crime offenders under state laws and
underscored the role of the judiciary in ensuring justice and
accountability in combatting organized crime.
The judgment called for comprehensive measures to address witness
intimidation and harassment, including witness protection measures
and procedural safeguards to ensure fair and transparent trial
proceedings.
Bhanwar Lal, a notorious criminal and gang leader, was prosecuted by the state of
Rajasthan for his involvement in organized crime activities, including extortion,
land grabbing, and illegal possession of firearms. The prosecution presented
evidence linking Bhanwar Lal to multiple criminal acts, including orchestrating
violent attacks on rival gangs and law enforcement personnel.
The Rajasthan High Court's judgment in this case provided legal clarity on the
interpretation and application of state laws in prosecuting organized crime
offenders. The court emphasized the gravity of organized crime and the need for
stringent legal measures to combat it effectively, including preventive detention
and asset forfeiture provisions.
Analysis:
73
Case Law: Law reports such as the All India Reporter (AIR), Supreme Court Cases
(SCC), and Rajasthan Law Times (RLT) contain numerous cases related to
organized crime, including State of Maharashtra v. Bharat Shantilal Shah and
Central Bureau of Investigation v. Rajinder Kumar Dhawan. These cases offer
critical analysis and commentary on legal issues surrounding organized crime and
provide guidance for future legal proceedings.
6.5 Conclusion:
The judicial approach toward organized crime reflects the judiciary's commitment
to upholding the rule of law, protecting individual rights, and ensuring
accountability in combating criminal syndicates. Through landmark judgments,
legal reasoning, and judicial pronouncements, the Supreme Court, Rajasthan High
Court, and relevant law reports contribute to the development of a robust legal
framework for addressing organized crime in India.
7.1 Introduction
Organized crime poses a significant threat to society, undermining the rule of law,
eroding public trust, and jeopardizing the safety and security of communities.
Throughout this study, we have explored the multifaceted nature of organized
crime in India, with a specific focus on the state of Rajasthan. We have examined
its historical development, legal frameworks, challenges in combatting it, and the
judicial approach towards addressing it. In this concluding chapter, we summarize
the findings, verify the hypotheses proposed earlier, and offer suggestions for
future action.
Conclusion
Organized crime in India, including in the state of Rajasthan, presents complex
challenges that require a comprehensive and coordinated response. The historical
context, legal frameworks, institutional capacity, and socio-economic factors
intersect to shape the landscape of organized crime, influencing its prevalence,
impact, and response.
Despite the challenges posed by political corruption, inadequate governance
structures, and transnational criminal networks, there are opportunities for
meaningful action. Strengthening legal frameworks, enhancing law enforcement
capabilities, promoting integrity within institutions, and fostering community
engagement are essential steps in combatting organized crime.
76
Suggestions:
Based on the findings of this study, the following suggestions are offered for
addressing organized crime in India and Rajasthan:
Throughout our study, we have explored several hypotheses that underpin the
understanding of organized crime in India. Let us now verify these hypotheses
based on the evidence presented:
Increased socio-economic disparities and inadequate governance structures
contribute to the proliferation of organized crime in India.
Verified: The historical context and contemporary challenges demonstrate a
correlation between socio-economic disparities, governance deficiencies, and the
prevalence of organized crime.
Conclusion
Anil Murlidhar Deshmukh v/s State of Maharastra (2006 (1) Bom C.R.
(Cri) 371)
(Cri) 942}
Charles Gurmukd Shobraj v/s Union of India {1986 (29) DLT 410}
6. Govind Sakharan Ubhe v/s State of Maharashtra and others {2009 (3)
Iqbal Hasan Shaikh Ibrahim Kaskar v/s State of Maharashtra {2003 (2)
Jag Mohan @ Mohar Singh v/s Commissioner of Police Delhi {2007 (1)
JCC 292}
80
Kamalesh Babulal v/s Union of India, (CDJ 2008 DHG 1090 Act para 23)
indiankanoon.org/doc/2428071)
Mohan Karnakar Chandra v/s The Inspector of Police (CBI ID, CDJ 2008
MHC 4214)
Sher bahadur Akram Khan & Othres v/s State of Maharashtra {2007(1)Bom.
C.R.(Cri) 26}
81
(Cri) 375]
State of Maharashtra and Othres v/s Lalit Somdatta Nagpal and Others (2007
Cri.L.J. 1678)
State of Maharashtra v/s Bharat Shantilal Lal Shah & Others (Criminal
State of Maharashtra v/s Jagan Gagan Singh Nepali @ Jagya {2011 (3)
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