Open Access Research Article
ORGANISED CRIME UNDER BNS, 2023: LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES
Abstract
The BNS introduction of organised
crime as a separate offence in India (Section 111) is considered a major step
in Indian criminal law, as it broadened criminal liability from the individual
who carries out the offence to organised criminal syndicates as well. The
article aims to examine the provisions included in Sections 111 and 112, taking
into account their origins in the Indian Penal Code of 1860 as well as their
relationship to the MCOCA and the United Nations Convention against
Transnational Organised Crime. Furthermore, this paper will also explore the
basic elements of organised crime, including continuation of criminal acts,
syndicate members, use of illegal methods and gain of tangible advantages, as
well as the extent of derivative liability. This paper examines the judicial
decisions in the MCOCA and their persuasive value to Section 111 of the Act,
with regard to criminal association, participation and the constitutional
protection under Article 14, 20(2) and 21. This paper argues that there are
issues involved in implementing the uniform substantive criminal law without
specialised procedure, for example, overcharging, overlap of laws,
collaboration among federal governments and investigation of cyber and
financial crimes.
Published Paper
Author Details
Authors: NAVEEN SINGH YADAVRegistration ID: 1013306 | Published Paper ID: IJLRA13306Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 626- 639
Article Information
ORGANISED CRIME UNDER BNS, 2023: LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES
Authors: NAVEEN SINGH YADAV
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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