Key Points
Death penalty for fatal organised crimes
Property seizure to weaken syndicates
Enhanced police powers for investigations
Stricter penalties for repeat offenders
The legislation introduces strict punishments, property seizure mechanisms, and enhanced investigative powers to curb criminal syndicates engaged in activities ranging from drug trafficking to cyber-terrorism.
The legislation provides a broad definition of organised crime, covering traditional activities like extortion, kidnapping, and smuggling, as well as modern criminal enterprises such as drug trafficking, illegal mining and environmental crimes, counterfeiting and intellectual property crimes, cyber-terrorism, hacking, and ransomware attacks, human organ trafficking, healthcare fraud and financial crimes, fake document rackets, food and drug adulteration, match-fixing and sports corruption, criminal syndicates that operate through violence, intimidation, or financial manipulation to gain illegal profits or threaten public safety fall under the ambit of this law.
The law prescribes these harsh penalties to deter organised crime:
Death penalty or life imprisonment if the crime results in the death of a person.
Rigorous imprisonment between two years to fourteen years for drug-related organised crime.
Minimum imprisonment of one year, extending up to life imprisonment, along with fines ranging from Rs 20,000 to Rs 10 lakh, for other organised crimes. Enhanced punishments for repeat offenders, with increased prison terms and financial penalties.
The legislation also targets those who aid and abet organised crime, imposing strict penalties on Conspirators, facilitators, and harbourers of criminals. Members of organised crime syndicates, with imprisonment ranging from one year to life.
Possession of illicit wealth linked to organised crime, leading to imprisonment from one year to life and fines starting from Rs 2 lakh.
To weaken the financial base of crime syndicates, the Bill empowers the police to seize and attach properties acquired through organised crime.
A Deputy Superintendent of Police (DSP) or higher-ranking officer can issue a written order for property seizure. The court can attach, freeze, or confiscate assets if proven to be the proceeds of crime. If properties are found to be linked to organised crime, the District Magistrate is authorised to distribute them to affected victims or confiscate them for the government.
To ensure smooth enforcement, the law grants legal protection to police officers and other officials acting in good faith while implementing the provisions of this legislation.
The state government has been empowered to frame rules for the implementation of the Act. Issue orders to remove difficulties that arise during enforcement.
Speaking on the passage of the Bill, the Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu said, "Organised crime is a serious threat to public safety and economic stability. This law will provide the state with the necessary legal tools to dismantle criminal syndicates, seize their assets, and ensure strict punishment for offenders. The government is committed to making Himachal Pradesh a safer place for its citizens."
The Bill, now awaiting the Governor's assent, is expected to have a far-reaching impact on organised crime in the state, strengthening the legal framework to combat criminal syndicates and safeguard public security.
