This is an archive article published on August 12, 2023
Terror, graft, organised crime now under penal law
Without a reported death, an alleged terrorist act will attract imprisonment from five years to life with the same quantum of punishment for anyone charged with conspiring, organising, assisting or facilitating such an act.
Written by Jatin Anand
New Delhi | Updated: August 12, 2023 09:44 AM IST
3 min read
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Under the Section, a public servant seeking to save a person from legal punishment and from the forfeiture of their property can get imprisonment of up to two years, framing incorrect charges to save a person from such consequences can lead to punishment up to three years under Section 254.
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Terror, graft, organised crime now under penal law
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The Bharatiya Nyaya Sanhita provides for imprisonment ranging from a year to life for petty crime and terrorism as part of the larger phenomenon of organised crime, defining them as offences “affecting life”.
Defining a terrorist act as “any act in India or in any foreign country” with the intention to threaten the unity, integrity and security of India, to intimidate the general public “or a segment” of it, new provisions provide for the death penalty or life imprisonment “without the benefit of parole” if an instance of an alleged terrorist act results in death.
Without a reported death, an alleged terrorist act will attract imprisonment from five years to life with the same quantum of punishment for anyone charged with conspiring, organising, assisting or facilitating such an act.
Those charged with intentionally harbouring someone who has committed an alleged terrorist act can be imprisoned for three years to life; this, however, according to the Sanhita, will not apply to any case in which the “concealment is by the spouse of the offender.”
Section 109, which previously dealt with the offence of abetment, now pertains to ‘Organised crime’. Apart from kidnapping, robbery, vehicle theft and extortion, it also includes land grabbing, contract killing, economic offences and cyber-crimes.
Other offences, such as trafficking in people and drugs also fall under the definition of organised crime under the section which defines an “organised crime syndicate” as a criminal organisation or group of “three or more persons” acting either singly or collectively in concert.
Organised crime, if leading to the death of any person, is punishable with death or imprisonment for life and fine not less than Rs 10 lakh; in any other case, it can lead to imprisonment not less than five years but which may extend to imprisonment for life and fine not less than Rs 5 lakh.
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Defining petty crime as an incident that causes “general feelings of insecurity” among citizens related to theft of vehicles, theft from vehicles, homes and offices, ‘trick theft’, organised pick pocketing, snatching, theft through shoplifting or card skimming and similar offences related to ATMs are punishable with imprisonment for one to seven years.
Section 253 prescribes punishment for public servants for corruption — which is currently under the purview of the Prevention of Corruption Act falling under the ambit of specialised or central investigative agencies.
Under the Section, a public servant seeking to save a person from legal punishment and from the forfeiture of their property can get imprisonment of up to two years, framing incorrect charges to save a person from such consequences can lead to punishment up to three years under Section 254.
Under Section 255, imprisonment of up to seven years can be awarded for making any report which is contrary to the law at any stage of judicial proceedings.
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⚖️Want to understand the Centre’s recent overhaul of criminal laws better? We’ve got you covered. Check out some of our special reportage:
Jatin Anand is an Assistant Editor with the national political bureau of The Indian Express. With over 16 years of experience in mainstream journalism, he is a seasoned expert in national governance, electoral politics, and bureaucratic affairs. Having covered high-stakes beats including the Election Commission of India (ECI), intelligence, and urban development, Jatin provides authoritative analysis of the forces shaping Indian democracy. He is an alumnus of Zakir Husain Delhi College (DU) and the prestigious Asian College of Journalism (ACJ), Chennai, where he specialized in Print Journalism.
Expertise
High-Stakes Beat Coverage: Throughout his decade-and-a-half career, Jatin has covered some of the most sensitive and influential beats in the country, including:
The Election Commission of India (ECI): Monitoring electoral policy, reforms, and the conduct of national and state polls.
National Security & Intelligence: Reporting on the internal mechanisms and developments within India's security apparatus.
Urban Development: Analyzing the policies and bureaucratic processes driving the transformation of India’s cities.
National Political Bureau: In his current role, he tracks the intersection of policy and politics, offering deep-dive reporting on the Union government and national political movements.
Academic Credentials:
Zakir Husain Delhi College (DU): Alumnus of one of Delhi's premier institutions.
Asian College of Journalism (ACJ), Chennai: Specialized in Print Journalism at India's most prestigious journalism school. ... Read More
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