Nyaya sanhita attempts to deal with organised crime, terrorism

Satya Prakash

New Delhi, August 17

The Bharatiya Nyaya Sanhita Bill, 2023, proposes specific provisions to deal with organised crime and terrorism by prescribing harsher punishments, attachment of proceeds of crime, fine up to Rs 10 lakh and trial in absentia.

The Bill has been referred to the Standing Committee on Home Affairs for scrutiny.

Clause 109(1) of the Bill says “any unlawful activity, including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom, corruption or related activities… shall constitute organised crime.”

It also defines what an ‘organised crime syndicate’ is. Clause 109(2)(i) provides for the death penalty or imprisonment for life as punishment in case the unlawful act results in the death of any person. In other cases, minimum punishment for five-year (extendable to life imprisonment) has been prescribed for members of the syndicate.

Clause 111(1) of the Bill, says, “A person is said to have committed a terrorist act if he commits any act in India or in any foreign country with the intention to threaten the unityand security of India… by doing an act using bombs, dynamite or any other explosive substance… so as to create spread a message of fear.”

Clause 111(1) says

Anyone directly or indirectly involved in a terrorist act will be treated as a terrorist. Any death due to a terrorist act will draw the punishment of death or life imprisonment with a minimum fine of Rs 10L