Laws against Mafia

As an act against the entire society, a criminal wrong is thought to be more serious than a
civil wrong. A chaotic and worrying scenario for the nation may be seen in the rise of crimes
in any judicial system. Among all crimes, some are committed frequently by some criminals,
not out of retaliation but rather to get money. These situations fall under the category of
organised crime. Organised crime means "Those involved, typically working with others, in
continuing serious criminal activities for substantial profit, elsewhere" are referred to as
"those involved in organised crime." An organised crime group is made up of organised
criminals who collaborate for the duration of a certain criminal operation or series of related
actions.
The essential element of organised crime is the provision of illegal products and services to
vast numbers of civilian clientele. Additionally, it is heavily involved in both legal business
and labour unions. It employs illegal strategies including tax evasion, terrorism,
monopolisation, and extortion to seize control of lawful ownership and leadership and syphon
off money from the general public for its own advantage
Organised crime also influences public servants in an effort to avoid government intrusion. In
addition to its common areas of endeavour, which include, seeking protection money,
extortion bootlegging ,contract killing, smuggling,,gambling, prostitution, and, India now
also engages in drug dealing, illicit weapon trade, money laundering, and transporting illicit
commodities, all of which depend mostly on its readiness to use violence.
Organised crime seeks to consolidate its own authority by bribing public officials and
monopolising or approaching monopolisation in the process. Later, the wealth and influence
it generates are utilised to subvert legal commerce and a number of other connected activities.

Characteristics of organised crime

1.Teamwork: It entails a criminal organisation that is relatively long-term and may even span
decades.
2. Hierarchical structure: It consists of a system of clearly defined connections with
reciprocal obligations and privileges, with grades of authority ranging from the lowest to the
highest.
3. Planning: It entails making preparations in advance to successfully perform crimes, reduce
risks, and provide safety and protection.
4. Centralised authority:It operates on the principle of centralised control and authority, which
is placed in the hands of one person or a small group of people.
5. Reserved fund: It keeps a reserve fund from profits that it uses to finance illegal operations,
hire lawyers, politicians, and even the police, as well as to protect members who have been
arrested and their families.

Legal Situation in India Regarding Organised Crime

In one form or another, organised crime has always existed in India. However, due to a
number of socioeconomic, political, scientific, and technological advancements, it has taken
on its most virulent form in modern times. It is primarily an urban phenomena, however rural
India is not exempt.
Criminal Conspiracy According to Section 120-A of the Indian Penal Code, a criminal
conspiracy occurs when "two or more persons agree to do, or cause to be done- (1) An illegal
act, or (2) An Act which is not illegal by illegal means."
There are several actions that might be considered organised crime. Some of the most
prevalent categories of organised crime in India are

Money laundering:
One of the most serious crimes, money laundering has a negative impact on the economy in
many ways. The Prevention of Money Laundering Act of 2002 expressly addresses this
offence. It is a technique used to reroute illicit funds obtained from activities like the
trafficking of illegal drugs and people in order to give the appearance that the funds are
genuine. Many criminals work in this industry, assisting those with unlawful incomes in
changing it to legal ones.

Smuggling
Another serious economic crime committed by an organised crime group is smuggling. The
Customs Act of 1962 primarily regulates this. Smuggling is a natural practise for businesses
looking to grow or sustain revenues when selling commodities that are prohibited on Indian
soil or subject to high taxes. The definition of smuggled commodities changes with changes
in fiscal policy, but most commonly, products like illegal drugs, priceless diamonds,
electronics, certain textiles, etc. are smuggled into India. People find it simple to smuggle
items because of the long shoreline.

Dacoity
One of the earliest types of criminal activity in India is called dacoity, which is only
undertaken for the purpose of extortion or looting. According to Section 391 of the Penal
Code, "dacoity" is defined as when five or more people simultaneously commit or attempt to
commit a robbery, or when the total number of people concurrently committing or attempting
to commit a robbery, and persons present and aiding such commission or attempt, amount to
five or more.
In other terms, "dacoity" occurs when five or more people commit the crime of robbery.

Laws governing organised crimes in India

Indian Penal Code

Criminal conspiracy
Criminal conspiracy is addressed under Section 120A of the Indian Penal Code, 1860 (IPC).
Criminal conspiracy is a felony that can be punished when two or more people conspire to
conduct the same offence. The exclusion expressly states that it is irrelevant whether the
target of a crime is the main goal or an accident. Therefore, this clause shall unquestionably
apply to organised crime. Additionally, the IPC's Section 120B establishes criminal
culpability that carries a penalty of up to the death penalty and even hefty penalties.

Specific crime under the IPC

The precise offence that these organised criminals have committed will also be brought
against them. For example, the IPC's murderous Sections 300 and 302 will hold offenders
responsible for contract killings. Likewise, a group of organised criminals who participate in
abduction shall be prosecuted under IPC Sections 360, 363 and 364A. Under Sections 370
and 370A of the IPC, a person who engages in human trafficking will be prosecuted.
Preventive legislation

National Security Act of 1980

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
In India, there are several explicit and implausible preventative legislation that apply to
organised crime. One of these is the National Security Act, which allows for the arrest of
anybody "acting in any manner prejudicial to the defence of India, the relations of India with
foreign powers, or the security of India." The phrase "defence" has a very broad definition
that encompasses mafia activities, and since preventative detention is handled by the
government, courts have a very limited role to play.
Another preventative law, called the Prevention of Illicit Traffic in Narcotic narcotics and
Psychotropic Substances Act, was passed with the intention of regulating the behaviour of
those involved in the illegal trafficking of narcotics and other narcotic substances. If proved
to be involved in drug trafficking, this legislation allows for a maximum one-year prison
period. Depending on how severe the situation is, this time frame may occasionally be
extended by another year.

Gangsters regulating law:

There is no centralised law that applies throughout the entire nation to stop "gang activity."
The most widespread as well as politically influential state, Uttar Pradesh, passed the Uttar
Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, which only applies to
that State.

The term "gang" refers to a group of people who, individually or collectively, engage in anti-
national activities involving violence or the threat of violence in order to obtain unfair
political, economic, or physical advantages. These activities include crimes against the
person, bootlegging, taking immovable property by force, causing commotion in the
community, obstructing the performance of official duties, kidnapping for ransom, and
diverting an aeroplane or other public transportation vehicle
A gangster faces a minimum sentence of two years in jail and a maximum of ten years
(section 3). The rules of evidence have changed, and the trial court may now assert certain
statutory presumptions against the gangsters. Additionally, provisions have been established
to safeguard witnesses. On the public prosecutor's request, the trial may be conducted behind
closed doors. If the District Magistrate is certain that the gangster's property was obtained
illegally, he or she may attach it. This Act has a broad scope and claims to address significant
pockets of organised crime.

Characteristics Of A Few Organised Crime Gangs

Since ancient times, criminal gangs have existed in India. The gangs of "thugs" often preyed
on travellers or wayfarers as they made their way through desolate areas that wound through
dense forests. The "thugs" journeyed in gangs of any size, were often unarmed, and pretended
to be pilgrims, ascetics, or other kind travellers.

Gang of Dawood
Dawood is the most powerful mobster, and the Bombay gangsters have networks all
throughout the nation and connections abroad. He is one of the most powerful criminals
engaged in international crimes, including the trafficking of illegal substances, smuggling,
extortion, and contract assassination. He rose extraordinarily quickly.
The Arun Gawli Gang
His group is involved in contract assassinations and the extortion of wealthy businesspeople
for protection money.

The Karnataka Gangs Amar Naik Gang Chota Gang Rajan Gang Veerappan Gang
Latif Gang of Ahmedabad, Uttar Pradesh's Om Prakash Srivastava@Babloo,Gang
Calcutta's Rashid Gang

Challenges to handle organised crime

 Inadequate legal framework

 Problems Obtaining Evidence
 Lack of Coordination, Resources, and Training
 Political, judicial, and bureaucratic nexus
 Combined criminality

Preventive Measure
The National Security Act of 1980 allows for preventative detention by the federal, state, or
local governments, as well as by the officials that this government has selected. The one-year
detention order is intended to stop someone from operating in a way that would be harmful to
India's defence or its good ties with other countries. An advisory board led by an active High
Court judge must authorise the detention. The phrase "security of India" is subject to a wide
interpretation, and this Act has been applied, albeit rarely, to hard-core criminals and anti-
national groups. Detention is an executive measure, and a judicial trial is not conducted in
this situation.

Despite several pieces of law, the State has not been able to significantly reduce these
offences. This is due to a number of difficulties the State is now facing, including improper
enforcement, a lack of resources, lengthy court proceedings, trouble gathering proof, etc. Due
to the fact that many of these crimes are multinational in scope, it is essential that the
Parliament enact legislation that expressly address organised crime and establish diplomatic
ties with other countries.

Citations
https://www.legalservicesindia.com/article/1290/Organized-Crime-In-India.html
https://blog.ipleaders.in/useful-laws-against-land-mafia/
https://indiankanoon.org/search/?formInput=gangster%20act+doctypes:judgments