Organized Crime is a legal concept and a specific criminal offense in India, defined as a continuing unlawful activity committed by an individual or a group acting as an Organized Crime Syndicate to gain a direct or indirect material benefit, including a financial one. The activity must involve the use of violence, threat of violence, intimidation, coercion, or other unlawful means.
The concept was first formally addressed in India through state-level legislation, most notably the Maharashtra Control of Organised Crime Act (MCOCA), 1999. MCOCA was enacted by the Maharashtra State Legislature and became operational on April 24, 1999, to combat the surge in organized criminal activities, such as extortion and gang wars, that plagued Mumbai during the 1980s and 1990s. The existing laws, like the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), were deemed inadequate to deal with the hierarchical structures of crime syndicates.
MCOCA's mechanism includes stringent provisions, such as the admissibility of confessions made to a police officer not below the rank of Superintendent of Police, the establishment of Special Courts, and the power to forfeit property acquired through criminal means. A key provision is the definition of "continuing unlawful activity," which requires more than one charge-sheet to have been filed before a competent court within the preceding ten years and for the court to have taken cognizance of the offense.
The concept has recently undergone a significant change at the national level with the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the IPC. The BNS, effective from July 1, 2024, introduces a specific provision for organized crime under Section 111, marking the first time a national-level criminal code addresses the offense comprehensively. The definition in Section 111(1) of the BNS is substantially similar to MCOCA's, listing activities like kidnapping, extortion, and cyber-crimes. The BNS also connects to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, with Section 107 of the BNSS allowing for trials in absentia for organized crime offenses. Related concepts include the Unlawful Activities (Prevention) Act (UAPA), 1967, which targets terrorism and related organized crime, and the Prevention of Money Laundering Act (PMLA).