INDIA JOINT SEMINAR
Main ThemePREVENTION AND CONTROL STRATEGIESAGAINST ORGANIZED CRIMERECOMMENDATIONS
1. The existing laws — substantive, procedural as well as the laws of evidence — are grossly inadequate
to deal with the vicious menace of organized crime. Many democratic countries, such as the USA andthe UK, have enacted effective laws to deal with organized crime. In India too, the State ofMaharashtra has prepared draft legislation. The NDPS Act and the since-elapsed TADA are the otherIndian models. Drawing on these and other sources, and the experience in implementing such laws,special, comprehensive legislation is required to be enacted by Parliament, to deal exclusively withorganized crime.
2. The proposed legislation should include:a) a suitable definition of ‘organized crime’;b) detailed procedures for the investigation, prosecution and trial of organized crime cases andspecial treatment and rehabilitation of criminals belonging to organized crime groups, syndicatesand cartels; andc) provision for adequate punishment for the commission of, as well as attempt to commit,organized crime, by a single individual or a group of criminals.
3. The legislation should contain provisions for:a) harsher punishments for commission of organized crime;b) minimum mandatory sentences and fines;c) imposition of costs for recovery of expenses of investigation and prosecution from convicts oforganized crime; andd) forfeiture and confiscation, even on reasonable presumption, ill- gotten property and wealth(including ‘Benami’ properties) found in the possession of organized crime offenders.
4. The new legislation should provide for:a) creation of special courts, exclusively for undertaking trials in organized crime cases;b) expeditious disposal of such trials within fixed time limits for framing of charges and finaldisposal;c) in-camera trial proceedings, where necessary; andd) trial and conviction in the absence of the accused, where necessary.
5. The proposed statute should provide for shifting the onus of proof and guilt, with adequate checks andsafeguards, and the examination and cross-examination of an accused on oath in defence evidence anddrawing of adverse inferences against him in case he fails to appear in his own defence.
6. On the recording and admissibility of evidence, the proposed legislation should contain provisions
for:a) recording the evidence of witnesses on affidavits;b) admissiblity of confessions voluntarily made by organized crime offenders before police officersof and above the rank of superintendent of police, subject to adequate checks and safeguards;c) presumption in favour of commission of or involvement in criminal group activities on proof of
recovery of unexplained property, arms, ammunition, narcotics, other contraband and, or suchother items as prescribed;d) reception of evidence and recording of evidence by wire-tapping, electronic surveillance, cellular
decoding of messages and by such other modem devices as may be used with the priorpermission of the authority specified in the legislation.
7. The new legislation should contain:a) provision for making all such crimes as are included in the definition of organized crime,
cognizable, non-bailable and non-compoundable;b) no provision for anticipatory bail in such cases;c) provision for extension of remand to police custody of up to 60 days; andd) effective provisions for search and seizure of properties, including ‘Benami’ properties, involvedin or acquired through organized crime.
8. It should provide for:a) special security arrangements for judges, prosecutors and police officers dealing with organizedcrime cases;b) adequate arrangements for protection of witnesses;c) release of approvers from jails on bail;d) restrictions on transfer of organized crime offenders from one jail to another;e) restriction on grant of parole around election time; andf) total restriction on remissions in respect of persons convicted in connection with organized crime.
9. The proposed Act should provide for the creation of a National Council against Organized Crime at
the Central level and a State Council against Organized Crime for each State, with adequate provision
for effective coordination between the National and the State Councils, to monitor and oversee
prevention, detection and control of organized crime.
10. It should also contain provision for the creation of Special Task Forces at the national, state anddistrict levels for dealing exclusively with organized crime with adequate provisions for effectivecoordination and exchange of information, data and criminal intelligence with all concerned law
enforcement agencies. These task forces should be manned by officers specially skilled andextensively trained in the investigation of organized crime. All cases of organized crime should beinvestigated by these Task Forces alone.
11. These investigation agencies should be placed under the control of a “Specified Authority” in eachcase and their freedom from political or any other type of influence, interference or overtures, shouldbe ensured.
12. The new legislation should provide for:a) classification of jails, and notification of special security jails for organized crime offenders;b) arrangements to separate remand prisoners from convicts;c) reformatory and rehabilitative measures for young and peripheral offenders so as to prevent themfrom graduating into gangsters.
13. The Central and the State Governments should take effective measures to strengthen the investigationand prosecution machinery dealing with organized crime. This will include:a) technologicaly upgrading of investigation and criminal intelligence gathering capabilities;b) empowering the police with better weapons and protective systems;c) substantial increase in the grants for modernisation of police forces by the Central Government to
the States with specific allocations for modernisation of investigation machinery for organizedcrime;d) measures to attract the best legal brains in the country as prosecutors by improving theremuneration package and other conditions of their service and through necessary modifications
in selection procedures. At the same time, the mechanism of control over the functioning ofprosecutors should be reviewed.
14. The Governments will also need to take urgent steps aimed at improving the functioning of the Prison
System including the creation of a new ‘Indian Prisons Service’, to upgrade professionalism in prison
administration. The more-than-a-century old prison laws require extensive reform and re-enactment.
Measures are also required to be taken to ensure strengthening of the security of jails, particularly theones where organized crime offenders are imprisoned.
15. The Central Government should take immediate steps to formulate and execute treaties with as many
countries as possible to ensure speedy extradition of organized crime offenders and inter-country
coordination in the investigation of organized crime cases in curbing the criminal activities oftransnational organized criminal groups.
16. These recommendations should be followed up by NICFS with the appropriate Ministries, authorities.
Governments of States and the Government of India.