Organised
crime.
- (1) Any continuing unlawful activity including kidnapping, robbery, vehicle
theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking
of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or
ransom, by any person or a group of persons acting in concert, singly or jointly, either as a
member of an organised crime syndicate or on behalf of such syndicate, by use of violence,
threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or
indirect material benefit including a financial benefit, shall constitute organised crime.
Explanation.—For the purposes of this sub-section,––
(i) “organised crime syndicate” means a group of two or more persons who,
acting either singly or jointly, as a syndicate or gang indulge in any continuing
unlawful activity;
(ii) “continuing unlawful activity” means an activity prohibited by law which is
a cognizable offence punishable with imprisonment of three years or more, undertaken
by any person, either singly or jointly, as a member of an organised crime syndicate or
on behalf of such syndicate in respect of which more than one charge-sheets have
been filed before a competent Court within the preceding period of ten years and that
Court has taken cognizance of such offence, and includes economic offence;
(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting
of currency-notes, bank-notes and Government stamps, hawala transaction,
mass-marketing fraud or running any scheme to defraud several persons or doing any
act in any manner with a view to defraud any bank or financial institution or any other
institution or organisation for obtaining monetary benefits in any form.
(2) Whoever commits organised crime shall,—
(a) if such offence has resulted in the death of any person, be punished with
death or imprisonment for life, and shall also be liable to fine which shall not be less
than ten lakh rupees;
(b) in any other case, be punished with imprisonment for a term which shall not
be less than five years but which may extend to imprisonment for life, and shall also
be liable to fine which shall not be less than five lakh rupees.
(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an
organised crime, or otherwise engages in any act preparatory to an organised crime, shall be
punished with imprisonment for a term which shall not be less than five years but which
may extend to imprisonment for life, and shall also be liable to fine which shall not be less
than five lakh rupees.
(4) Any person who is a member of an organised crime syndicate shall be punished
with imprisonment for a term which shall not be less than five years but which may extend
to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh
rupees.
(5) Whoever, intentionally, harbours or conceals any person who has committed the
offence of an organised crime shall be punished with imprisonment for a term which shall
not be less than three years but which may extend to imprisonment for life, and shall also be
liable to fine which shall not be less than five lakh rupees:
Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the spouse of the offender.
(6) Whoever possesses any property derived or obtained from the commission of an
organised crime or proceeds of any organised crime or which has been acquired through
the organised crime, shall be punishable with imprisonment for a term which shall not be
less than three years but which may extend to imprisonment for life and shall also be liable
to fine which shall not be less than two lakh rupees.
(7) If any person on behalf of a member of an organised crime syndicate is, or at any
time has been in possession of movable or immovable property which he cannot satisfactorily
account for, shall be punishable with imprisonment for a term which shall not be less than
three years but which may extend to imprisonment for ten years and shall also be liable to
fine which shall not be less than one lakh rupees.