Open Access Research Article

FROM PREDICATE OFFENCES TO ENTERPRISE LIABILITY: A CRITICAL STUDY ORGANISED CRIME UNDER THE BHARATIYA NYAYA SANHITA, 2023

Author(s):
CHANCHAL RANI DR. CHEENA ABROL
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-35835669/FROM PREDICATE OFFENCES TO ENTERPRISE LIABILITY: A
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Abstract

Abstract
Organised crime in India has outgrown the territorial gangsterism its older penal law was built to punish. Trafficking, cyber-fraud, extortion, hawala financing and contract violence are now coordinated through diffuse, adaptive networks that treat State borders and jurisdictional silos as operational assets rather than obstacles. The Bharatiya Nyaya Sanhita, 2023, responds by introducing for the first time in general criminal law a standalone offence of organised crime under Section 111, and replacing a reliance on scattered State statutes (such as the Maharashtra Control of Organised Crime Act, 1999). This paper asks whether this reform, together with its procedural and evidentiary companions (the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023) have closed the gap between what the law now permits and what enforcement agencies can actually deliver. Drawing on a doctrinal reading of the new codes, allied special statutes and recent scholarship, the paper argues that India's difficulty is no longer an absence of legal tools but the coordination of the tools it already has. It concludes with a set of institutional, forensic and financial reforms that would enable the enterprise-based offence to achieve what predicate-offence prosecution could not: the durable disruption of criminal networks rather than the recycling of their replaceable members.

Author Details

Authors: CHANCHAL RANI & DR. CHEENA ABROL
Registration ID: 1013186 | Published Paper ID: IJLRA13186 & IJRLA13187
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1071-1084

Article Information

FROM PREDICATE OFFENCES TO ENTERPRISE LIABILITY: A CRITICAL STUDY ORGANISED CRIME UNDER THE BHARATIYA NYAYA SANHITA, 2023

Authors: CHANCHAL RANI, DR. CHEENA ABROL

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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