The Bharatiya Nyaya Sanhita provides for imprisonment ranging from a year to life for petty crime and terrorism as part of the larger phenomenon of organised crime, defining them as offences “affecting life”.
Defining a terrorist act as “any act in India or in any foreign country” with the intention to threaten the unity, integrity and security of India, to intimidate the general public “or a segment” of it, new provisions provide for the death penalty or life imprisonment “without the benefit of parole” if an instance of an alleged terrorist act results in death.
Without a reported death, an alleged terrorist act will attract imprisonment from five years to life with the same quantum of punishment for anyone charged with conspiring, organising, assisting or facilitating such an act.
Those charged with intentionally harbouring someone who has committed an alleged terrorist act can be imprisoned for three years to life; this, however, according to the Sanhita, will not apply to any case in which the “concealment is by the spouse of the offender.”
Section 109, which previously dealt with the offence of abetment, now pertains to ‘Organised crime’. Apart from kidnapping, robbery, vehicle theft and extortion, it also includes land grabbing, contract killing, economic offences and cyber-crimes.
Other offences, such as trafficking in people and drugs also fall under the definition of organised crime under the section which defines an “organised crime syndicate” as a criminal organisation or group of “three or more persons” acting either singly or collectively in concert.
Organised crime, if leading to the death of any person, is punishable with death or imprisonment for life and fine not less than Rs 10 lakh; in any other case, it can lead to imprisonment not less than five years but which may extend to imprisonment for life and fine not less than Rs 5 lakh.
AdvertisementDefining petty crime as an incident that causes “general feelings of insecurity” among citizens related to theft of vehicles, theft from vehicles, homes and offices, ‘trick theft’, organised pick pocketing, snatching, theft through shoplifting or card skimming and similar offences related to ATMs are punishable with imprisonment for one to seven years.
Section 253 prescribes punishment for public servants for corruption — which is currently under the purview of the Prevention of Corruption Act falling under the ambit of specialised or central investigative agencies.
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AdvertisementUnder Section 255, imprisonment of up to seven years can be awarded for making any report which is contrary to the law at any stage of judicial proceedings.
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