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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM

PROJECT ON

STRATEGY TO COMBAT TRANSNATIONAL CRIMES

SUBJECT

Indian Penal Code- II

SUBMITTED TO

Prof. (Dr.) Bhavani Prasad Panda Sir

Ms.Vijaya Lakshmi Mam

PROJECT SUBMITTED WITH ROLL NO., SEMESTER AND SECTION

SHAIK ROSHAN

2018083

Fourth semester

Section A
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Acknowledgement:

I would sincerely forward my heartfelt appreciation to our respected I.P.C professor, Prof.
(Dr.) Bhavani Prasad Panda sir and Ms.Vijaya Lakshmi Mam for giving me a golden
opportunity to take up this project regarding “Strategy to combat Transnational Crimes”. I
have tried my best to collect information about the project in various possible ways to depict
clear picture about the given project topic.
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CONTENTS:

1. INTRODUCTION……………………………………………………………5

2. FACTORS OF TRANSNATIONAL CRIME………………………………6

3. STRATEGY TO COMBAT TRANSNATIONAL CRIME……………….7

4. EVOLUTION OF TRANSNATIONAL CRIME………………………….9

5. PIRACY……………………………………………………………………….10
i. UN CONVENTION ON LAW OF SEA…………………………….10
ii. MARITIME ZONES ACT, …………………………………………12
iii. PIRACY ACT, 2012…………………………………………………13
iv. ANTI- MARITIME PIRACY AACT, 2019………………………15
v. SOFTWARE PIRACY……………………………………………..17

6. SLAVERY……………………………………………………………………18
i. IMMORAL TRAFFIC PREVENTION ACT, 2019……………20
ii. HUMAN TRAFFICKING…………………………………………21
iii. BONDED LABOUR ABOLITION ACT……………………….22
iv. CHILD LABOUR( prohibition and regulation) ACT,1986…….23

7. TERRORISM……………………………………………………………..23
i. TADA, 1985……………………………………………………….27
ii. PREVENTION OF TORTURE ACT, 2001……………………29
iii. PREVENTION OF TORTURE ACT, 2010……………………30
iv. PREVENTION OF TORTURE ACT, 2018……………………30

8. CONCLUSION…………………………………………………………..32

9. BIBILOGRAPHY………………………………………………………..33
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INTRODUCTION:

Transnational crimes are crimes that have actual or potential effect across

national borders and crimes that are intrastate but offend fundamental values of the
international community. The word transnational describes crimes that are not only
international (that is, crimes that cross borders between countries), but crimes that by their
nature involve cross-border transference as an essential part of the criminal activity.
Transnational crimes also include crimes that take place in one country, but their
consequences significantly affect another country and transit countries may also be involved.

There are many transnational crimes but some of the crimes are mainly discussed. This
project starts with the crime which is affecting transnationally to the entire world as the
piracy affects the various countries in 2 ways and these are discussed. And then the crime
which is occurring in India due to lack of knowledge and economic instability, the small
children were also taking part in this crime in the form of labour i.e., Slavery. The 3 rd
Transnational crime is Terrorism which is creating terror in the minds of the people and
effecting the various governments. And then the Torture is the transnational crime in which
the person being a government servant torturing the citizens which was not considered as a
crime

According to the Criminal Law (Amendment) Act, 2013 the entire section of 370 has been
changed so as to enlarge the scope of the offence. The condition where by an absolute and
unlimited power is given to the master over the life, fortune and liberty of another. Section
370 (1) deals with the punishment which should be imposed. Section 121 of the IPC deals
with the offence of waging war or abets the waging of such war shall be punished with death
or imprisonment for life and also shall be liable to fine.

Acts of terrorism have been held to come under the offence of waging war or abetting of war
under section 121. According to the statement of objects and reasons, Piracy as a crime was
not included in the Indian Penal Code. Because of this the Piracy Bill was introduced in 2012
and the Bill seeks to punish with imprisonment up to 14 years and a fine.

Torture is of two types. They are Physical and Mental Torture. The provisions for Mental
torture are 326A,326B,354,354A,354B,376A,376B,376C,376D,376E,375,377,498A and for
the Blackmailing the provision is section 503 of the Indian Penal Code. Organized crime and
terrorism result from ineffective governance and have developed a symbiotic relationship,
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nevertheless. It is essential to differentiate them. Neither these transnational crimes are

caused only of one crime but it includes many crimes also. Transnational Crimes are
violation of law that involve more than one country in their planning, execution or impact.
These offences are distinguished from other crimes in their multi-national nature, which
poses unique problems in understanding their causes, developing prevention strategies and in
mounting effective adjudication procedures.

FACTORS OF TRANSNATIONAL CRIME:

Transnational crimes can be grouped into three broad categories involving provisions. They
are:

1. Illicit goods (drug trafficking, trafficking in stolen property, weapons trafficking,

and counterfeiting),
2. illicit services (commercial sex and human trafficking), and
3. infiltration of business and government (fraud, racketeering, money laundering,
and corruption) affecting multiple countries.

Transnational crimes are distinct from international crime, which involves crimes against
humanity that may or may not involve multiple countries. Examples of international crimes
are genocide and terrorism, which are also included in this to guide sources. As there are
many transnational crimes but there are certain crimes which affect the countries
transnationally. They are Piracy, Slavery, Terrorism and Torture.

Piracy comes under the third category i.e., by infiltration of business and Government.

Slavery and torture comes under the second category i.e., Illicit Services

Terrorism comes under the first category i.e., of Illicit goods.

According to the 2000 United Nations Convention on Transnational Organized Crime,

transnational refers specifically which involves at least 2 countries who are committing the
particular offence. Criminal groups undermine state authority and the rule of law by fuelling
corruption, compromising elections, and hurting the legitimate economy. In all cases,
criminal influence and money are having a significant impact on the livelihoods and quality
of life of citizens, most particularly the poor, women and children. In the Declaration of the
High-Level Meeting on the Rule of Law, Member States stressed the importance of
strengthened international cooperation in order to dismantle illicit networks, counter the
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world drug problem and transnational organized crime, including money-laundering,

trafficking in persons, trafficking in arms and other forms of organized crime, all of which
threaten national security and undermine sustainable development and the rule of law.

United Nations identified the 18 transnational offences and these offences or the crimes
included are money laundering, theft of intellectual property, art and cultural objects, illicit
crimes trafficking, aircraft hijacking, sea piracy, insurance fraud, computer and
environmental crime, trafficking in persons and human body parts, illicit drug trafficking,
fraudulent bankruptacy, infiltration of legal business and corruption and bribery of public or
party officials.

STRATEGY TO COMBAT TRANSNATIONAL ORGANIZED CRIME:

The difference between Transnational organized Crime and Transnational Crime is the crime
committed by a specific organization. The United Nations Security Council had given certain
characteristics in order to combat Transnational Organized Crime. These criminals conspire
in committing the Transnational Organized crime. They are:

1. In at least part of their activities they commit violence or other acts which are likely to
intimidate or make actual or implicit threats to do so.
2. They exploit differences between countries to further their objectives, enriching their
organization, expanding in power, and avoiding detection or apprehension.
3. They attempt to gain influence in Government, politics and commerce through corrupt
as well as legitimate means:
4. They have economic gain as their primary goal not only form patently illegal
activities but also from investment in legitimate business and
5. They attempt to insulate both their leadership and membership from detection and or
prosecution through the organizational structure.

STRATEGY:

The National Security Council gave the strategy to combat the Transnational Crimes with the
5 overarching policy. This Strategy sets out five overarching policy objectives that are
consistent with the vision and priorities of the National Security Strategy1

1
https://www.unodc.org/southasia/en/topics/frontpage/2009/combating-transnational-organised-
crime.html
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1. Protect Americans and our partners from the harm, violence, and exploitation of
transnational criminal networks. 
Our priority is the safety, security, and prosperity of American citizens and the
citizens of partner nations. We will target the networks that pose the gravest threat to
citizen safety and security, including those that traffic illicit drugs, arms, and people
—especially women and children; sell and distribute substandard, tainted and
counterfeit goods; rob Americans of their prosperity; carry out kidnappings for
ransom and extortion; and seek to terrorize and intimidate through acts of torture and
murder.
2. Help partner countries strengthen governance and transparency, break the
corruptive power of transnational criminal networks, and sever state-crime
alliances.
 The United States needs willing, reliable and capable partners to combat the
corruption and instability generated by TOC and related threats to governance. We
will help international partners develop the sustainable capacities necessary to defeat
transnational threats; strengthen legitimate and effective public safety, security, and
justice institutions; and promote universal values. We will also seek to sever the
powerful strategic alliances that form between TOC and states, including those
between TOC networks and foreign intelligence services.
3. Break the economic power of transnational criminal networks and protect
strategic markets and the U.S. financial system from TOC penetration and
abuse. 
TOC networks—using bribery, fraud, and violence—have the capacity to disrupt
economic activity and put legitimate businesses at a distinct competitive
disadvantage. We will attack the financial underpinnings of the top transnational
criminals; strip them of their illicit wealth; sever their access to the financial system;
expose their criminal activities hidden behind legitimate fronts; and protect strategic
markets and the U.S. financial system.
4. Defeat transnational criminal networks that pose the greatest threat to national
security, by targeting their infrastructures, depriving them of their enabling
means, and preventing the criminal facilitation of terrorist activities. 
We will target, disrupt, and defeat the TOC networks that pose the greatest threat to
the safety and security of Americans and U.S. national security interests. These
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include criminal networks—including transnational criminal gangs—that traffic

drugs, bulk cash, arms, people, sensitive documents, or other contraband. Further, we
will seek to prevent collaboration between criminal and terrorist networks and deprive
them of their critical resources and infrastructure, such as funding, logistical support
for transportation, staging, procurement, safe havens for illicit activities, and the
facilitation of services and materiel, which could include WMD material.
5. Build international consensus, multilateral cooperation, and public-private
partnerships to defeat transnational organized crime. 
We will build new partnerships—with industry, finance, academia, civil society and
non-governmental organizations—to combat TOC networks that operate in the illicit
and licit worlds. We will also fight criminal networks with an alliance of legitimate
networks, and ensure the freedom of the press so that the media and journalists may
safely expose the harms inflicted by TOC. We will expand and deepen our
understanding, cooperation, and information sharing at home with State and local
agencies, with foreign partners, and with multilateral institutions. Internationally, we
will further international norms against tolerating or sponsoring crime in all its forms,
including in cyberspace.

EVOLUTION OF TRANSNATIONAL CRIMES:

Transnational Crimes were started in 1970s but accelerated in 1990s. Crime groups changes
from domestic organized crimes groups but they were regional in scope and hierarchically
structural to criminal organizations that are global and transnational in nature, increasingly
networked with other criminal groups and often flatter in nature, increasingly networked.
Since 2008, a major attacks by Pirates particularly in the Gulf of Aden and off the coast of
Somalia, has seriously affected the safety and security of maritime traffic and personal plying
in the Gulf of Aden between Asia and Europe and the East Coast of Africa. With the
enhanced presence of naval officers in the Gulf, the Piracy incidents had taken close to the
Economic Zone of India.
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PIRACY
According to the Piracy Bill which was passed in the Lok Sabha and the Indian Penal Code,
Piracy may consist of the following acts:
a. Any illegal acts of violence or detention or any act of depredation committed for
private ends by the crew or the passengers of a private ship or a private air craft and
directed:
i. On the high seas, against another ship or aircraft or against persons or property
on board such ship or air craft
ii. Against a ship, air craft, persons or property in a place outside the jurisdiction
of any state
b. Any act of voluntary participation in the operation of a ship or of an aircraft with
knowledge of facts making it a pirate ship or aircraft.
c. Any act of inciting or of intentionally facilitating an act described in sub paragraph

The Piracy Act, 2012 also prescribes that any act which is held to be ‘piratical’ under
international law shall be included in the above definition. The Bill seeks to punish piracy
with imprisonment for life.  In cases where piracy leads to death, it may be punished with
death.  The Bill also lays down punishments for attempts to commit and abet piracy.   Such
acts shall be punishable with imprisonment up to 14 years and a fine. The Bill provides that if
arms/ ammunition are recovered from the possession of the accused, or if there is evidence of
threat of violence, the burden of proof for proving innocence shall shift to the accused. The
Bill empowers the government to set up designated courts for speedy trial of offences and
authorizes the court to prosecute the accused regardless of his/ her nationality. It also
provides for extradition.

UNITED NATIONAL CONVENTION ON THE LAW OF SEA, 1982 (UNCLOS):

The convention on the Law of the Sea known as United National Convention on the Law of
the Sea,1982 sets out the legal framework applicable to combating Piracy and armed robbery
at sea, as well as other ocean activities. UNCLOS, 1982 is a comprehensive code on the
International law of the Sea. It codifies and consolidates the traditional law within a single,
edificatory legal framework. It has changed the concept of Continental shelf and also
introduced a new Maritime Zone known as Exclusive Economic Zone. Exclusive Economic
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Zone is a new concept having several features. The UNCLOS signed by India n 1982 and
satisfied on 29th June, 1995. It encapsulates the law of the sea and is supplemented by several
subsequent resolutions adopted by the Security Council of the United Nations.
Before the UNCLOS, the law of the Sea is completely different. As the previous law or the
previous act was in collusion with the United Nations Convention.

CASE LAW – 1
Case Name: Aban Loyd Chiles Offshore Ltd v. Union of India2
Citation: (2008) 11 SCC 439
Bench: Ashok Bhan and Dalveer Bhandari
Facts:

The Appellants are engaged in drilling operations for exploration of offshore oil, gas and
other related activities under contracts awarded by the Oil and Natural Gas Commission (for
short, ONGC). The drilling operations are carried on at oil rigs/vessels, which are situated
outside the territorial waters of India. Until around November, 1993, the Appellants, and all
other similarly situated companies which were engaged in oil and gas exploration and
exploitation were permitted to trans-ship stores to the oil rigs without levy of any customs
duty regardless of the fact whether oil rigs were operating within a designated area or non-
designated area. November, 1993 onwards, the Revenue Authorities (for short, respondents)
refused to permit companies engaged in onward offshore operations, to trans-ship stores to
the oil rigs, without payment of customs duty. Appellants filed Writ Petition No. 610 of 1994
challenging the levy of customs duty on trans-shipment of goods/stores imported by drilling
contractors and supplied to oil rigs, as stores for consumption on board on the oil rigs. The
Bombay High Court by its interim order dated 07.02.1994 held that the Appellant shall be
permitted to clear the consignments without payment of duty on execution of bond. The
Bombay High Court by its Judgment dated 15.01.1996 in Amership Management Pvt. Ltd.
v. Union of India [(1996) 86 ELT 12 (Bom)] allowed a group of Writ Petitions filed by
similarly placed oil rig operators. The High Court in the aforesaid Judgment held that the oil
rigs are foreign going vessels as defined in Section 2(21) of the Customs Act, 1962 (for short,
the Customs Act). The spare parts or equipment for the oil rigs were stores and the writ
petitioners were entitled to clear the stores to the oil rigs, without payment of customs duty,

2
(2008) 11 SCC 439
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by availing exemptions under Sections 86(2), 87 read with Section 2(21) of the Customs Act,

1962.

Judgement:

Article 127 of UNCLOS, 1982 deals with customs duties, taxes and other charges. Clause (1)
provides that traffic in transit shall not be subject to any customs duties, taxes or other
charges except charges levied for specific services rendered in connection with such traffic
and Clause (2) provides that means of transport in transit and other facilities provided for and
used by the land locked States shall not subject to taxes or charges higher than those levied
for the use of means of transport of the transit State. According to this Article, where the
goods are in transit to other country shall not be subject to any customs duties, taxes or other
charges except for the charges levied for specific services in connection with such traffic. In
other words, there is no prohibition for levying customs duties on the goods which are not in
transit for onward transmission to any other country. If the goods are brought in only while
proceeding to other country, then no customs duty can be levied. In all other cases, it seems
to be permissible.

In the present case, as the goods were being taken to a territory which would be deemed to
be a part of the territory of India though the goods have left the territorial waters, the same
would be eligible to levy of duty when they are taken and consumed within the deemed
territory of India. There would be no customs duty or any other duty levied while the goods
are in transit to the deemed territory of India by any other country although they have gone
out of the territorial waters of India. For the reasons stated above, we do not find any merit in
these appeals and dismiss the same with costs.

MARITIME ZONES ACT:

Before UNCLOS came into existence the law relating to the seas which was in operation in
India was the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976 which spelt out the jurisdiction of the Central Government over
the Territorial waters, the Contiguous Zones and the Exclusive Economic Zone. The
provisions of the UNCLOS are in harmony with and not in conflict with the provisions of the
Maritime Zones Act, 1976. Article 33 recognises and describes the Contiguous Zone of a
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nation to extend to 24 nautical miles from the baseline from which the breadth of the
territorial sea is measured.

Article- 56 and 57 of the convention describe the rights, jurisdiction and the duties of the
Coastal State in the Exclusive Economic Zone and the breadth there of extending to 20
nautical miles from the base line from which the breadth is measured. This provision is also
in consonance with the provisions of the 1976 act.

The Area of difference between the provisions of the Maritime Zones Act, 1976 and the
Convention which relates to the penal jurisdiction in matters of collision or any other incident
of the navigation.

The Piracy Act, 2012:

The Piracy Act is to make special provisions for suppression of piracy and to provide for
punishment for the offence of piracy and for matters connected therewith or incidental there
to. Whereas India is a signatory to the United Nations Convention on the Law of the Sea
adopted by the United Nations on the 10th December, 1982; And whereas the aforesaid
convention, among other things, states that all States shall co-operate to the fullest possible
extent in the repression of piracy on high seas or any other place outside the jurisdiction of
any State; and whereas it is considered necessary to implement the provisions relating to
piracy contained in the Convention. Be it enacted by Parliament in the Sixty-third Year of the
Republic of India

Punishment for Piracy:

 Whoever commits an act of piracy shall be punished with imprisonment for life
except where the accused has caused death in committing the act of piracy or attempt
thereof in which case he may be punished with death and in addition the Designated
Court may also subject to any restitution or forfeiture of property involved in the
commission of the offence.

 An attempt to commit piracy or any unlawful attempt intended to aid, abet, counsel
or procure for the commission of an offence of piracy shall also constitute an offence
and is liable on conviction to be punished with imprisonment for a term which may
extend to fourteen years and shall also be liable to fine.
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 Every person who is an accomplice to an act of piracy shall be liable on conviction

to be punished with imprisonment for a term which may extend to fourteen years and
shall also be liable to fine.

 A special designated court will be established for conducting the proceedings and for
the purpose of the Speedy Trials a notification will be given by the Central
Government with the consultation of the concerned High Court.

GEOGRAPHICAL SCOPE:

The provisions of the Piracy Act,2012 is extended to the Exclusive Economic Zone of India.
The expression exclusive economic zone shall have the same meaning as it was mentioned in
section 7 of the Territorial Water, Continental Shelf, Exclusive Economic Zone and the other
Maritime Zones Act,1976.

 Since 2008, a major spurt in attacks by pirates, particularly in the Gulf of Aden and
off the coast of Somalia, has seriously affected the safety and security of maritime
traffic and personnel plying between Asia and Europe and the east coast of Africa.
With the enhanced naval presence in the Gulf of Aden, pirates have been shifting their
area of operations eastwards and southwards and some piracy incidents have also
taken place close to India’s Exclusive Economic Zone on its western coast. The
Indian Navy and the Coast Guard have enhanced their vigil and successfully
conducted several operations against pirates. As a result, a number of Somali pirates
are presently in the custody of Indian police authorities and are undergoing trial.

 India does not have a separate domestic legislation on piracy. Prosecution for piracy
as a crime has not been included in the Indian Penal Code, 1860 or in the Code of
Criminal Procedure, 1973. The provisions of the Indian Penal Code pertaining to
armed robbery and the Admiralty jurisdiction of certain courts have been invoked in
the past to prosecute pirates apprehended by the Indian Navy and the Coast Guard but
in the absence of a clear and unambiguous reference to the offence of maritime piracy
in Indian law, problems are being faced in ensuring prosecution of the pirates.

 Given the increasing incidence of piracy, including within India’s Exclusive

Economic Zone, and the increasing number of pirates apprehended by the Indian
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Naval forces, a need was felt for a domestic legislation on piracy which could provide
the necessary legal framework within the country for prosecution of persons for
piracy related crimes.

 In the above backdrop, it is felt necessary to introduce an overarching legislation

which would provide certainty and clarity in the law as well as sound basis for
effective prosecution of pirates apprehended by the Indian authorities irrespective of
their nationalities. It would also promote the safety and security of India’s maritime
trade including the safety of our vessels and crew members.

ANTI-MARITIME PIRACY ACT, 2019:

 The Anti-Maritime Piracy Bill, 2019 was introduced in Lok Sabha by the Ministry of
External Affairs, Dr. Subhrahmanyam Jaishankar, on December 9, 2019. The Bill
provides for prevention of maritime piracy and prosecution of persons for such piracy
related crimes. Key features of the Bill include:
 
 Applicability of the Bill: The Bill will apply to all parts of the sea adjacent to and
beyond the limits of the Exclusive Economic Zone of India.  Exclusive Economic
Zone refers to the area of sea to which India has exclusive rights for economic
activities.
 
 Piracy: The Bill defines piracy as any illegal act of violence, detention, or destruction
committed against a ship, aircraft, person or property, for private purposes, by the
crew or passengers of a private ship or aircraft.  Such acts may be carried out on the
high seas or in any place outside the jurisdiction of India.  Inciting or intentionally
facilitating such acts would also qualify as piracy.  It also includes any other act that
is considered piracy under international law.
 Piracy also includes voluntary participation in the operations of a pirate ship or
aircraft. This includes a ship or aircraft which is either: (i) intended to be used for
committing any act of piracy, or (ii) has been used to commit an act of piracy, and is
still under the control of the persons guilty of such act. 
 
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 Offences and penalties: An act of piracy will be punishable with: (i) imprisonment
for life; or (ii) death, if the act of piracy includes attempted murder, or causes death. 
An attempt to commit, aid, abet, or procure for an act of piracy, or directing others to
participate in an act of piracy will be punishable with up to 14 years of imprisonment,
and a fine.  Offences will be considered extraditable.  This means that the accused can
be transferred to any country for prosecution with which India has signed an
extradition treaty.  In the absence of such treaties, offences will be extraditable on the
basis of reciprocity between the countries.
 
 Arrest and seizure: A ship or aircraft under the control of pirates may be seized,
persons aboard may be arrested, and the property on board may also be seized.  The
seizure may be carried out only by: (i) a warship or military aircraft of the Indian
Navy, (ii) a ship or aircraft of the India Coast Guard, or (iii) ships or aircrafts on
government service, and authorised for such purpose.
 
 Designated Court: The central government, in consultation with the Chief Justice of
the concerned High Court, may notify the Sessions Courts to be the Designated
Courts under this Bill.  It may also notify the territorial jurisdiction of each
Designated Court.
 
 Jurisdiction of the Court: The Designated Court will try offences committed by: (i)
a person in the custody of the Indian Navy or Coast Guard, regardless of his
nationality, (ii) a citizen of India, a resident foreign national in India, or a stateless
person.  Further, the Court may try a person even if the person is not physically
present in the Court. 
 
 The Court will not have jurisdiction over offences committed on a foreign ship, unless
an intervention is requested by: (i) the country of origin of the ship, (ii) the ship
owner, or (iii) any other person on the ship. Warships and government ships
employed for non-commercial purposes will not be under the jurisdiction of the
Court.
 
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 Presumption of guilt: The presumption of guilt will be on the accused if: (i) the
accused is in possession of arms, explosives and other equipment which were used or
intended for use in committing the offence, (ii) there is evidence of use of force
against the ship’s crew or passengers, and (iii) there is evidence of the intended use of
bombs and arms against the crew, passengers or cargo of a ship.

SOFTWARE PIRACY:

Cybercrime
 As cybercrime is transnational in character, inconsistency of laws and regulations
across country borders make it especially difficult for countries to cooperate when
investigating cybercrime. The scale of cybercrime makes it critical for governments to
have a robust cyber security ecosystem in place to reduce threats and enhance
confidence in using electronic communications and services. However, there is still an
evident gap between countries of the region in terms of awareness, understanding,
knowledge and finally capacity to deploy the proper strategies, capabilities and
programmes to ensure a safe and appropriate use of ICTs as enablers for economic
development. According to the Cyber Security Index (2017) of the International
Telecommunication Union (ITU), Bhutan, Nepal and Maldives are in the 'initiating
stage' wherein they have started to make commitments to cyber security; Bangladesh,
India and Sri Lanka are in the 'maturing stage' and have developed complex
commitments and engage in cyber security programmes and initiatives.
 Online radicalization is one of the emerging problems being faced by sovereign
nations today. Of late, the use of the internet to promote, propagate and implement
radicalized thought processes is constantly increasing. The advent of online
radicalization has brought to the forefront, various complicated legal, policy and
regulatory issues which need to be addressed around the world. Building capacity to
enable easier, quicker, more effective cooperation is a vitally important
countermeasure.
 As digital technologies become more accessible, countering cybercrime must become
a normal part of the crime prevention narrative. Special areas of focus revolve around
promoting cyber safety amongst women, children and youth, preventing online sexual
exploitation, dark net market awareness and countering the misuse of crypto
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currencies. The Regional Office for South Asia aims to capitalize on the rich technical
expertise available in India as well as the global knowledge products and international
best practices developed and supported by UNODC during 2017 and beyond.
Adequate expertise from UNODC's global programme will be tapped for this purpose.
 The expertise and knowledge base of UNODC with respect to cybercrime will focus
on ensuring sustainable and long-term capacity building, conducting needs analysis
within the region, identifying key national priorities for action, assisting Member
States in legislative drafting and adoption of adequate legislation based on their
specific demands; building operational and institutional capacity of law enforcement
and judicial bodies; mobilizing and raising awareness among communities and civil
society. The primary partner institutions would be the police and criminal justice
agencies from the region.

SLAVERY:
Section- 370 of IPC:
Whoever for the purpose of exploitation a) recruits b) transports c) harbours d) transfers or e)
receives a person or persons by using threats or using force, or any other forms of coercion or
by abduction or by practising fraud or deception or by abuse or power or by inducement,
including the giving or receiving of payments or benefits in order to achieve the consent of
any person having control over the person recruited, transported, harboured, transferred or
received commits the offence of trafficking.
According to the Criminal Law (Amendment) Act, 2013 the entire section has been changed
so as to enlarge the scope of the offence and include within its purview not just the mischief
of slavery of minors and also adults and also forced or bonded labour, prostitution, organ
transplantation and to some extent child marriages.
For the purposes of this new offence, an offender has been classified into 5 categories, thus
covering every aspect of the commission of such offences. A person can be held liable within
the mischief of this offence if he either
i. recruits or
ii. transports
iii. harbours
iv. transfers or
v. receives, a person or persons.
INGREDIENTS:
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This section makes penal-

1. the importation, exportation, removal, buying, selling of a person as a slave
2. the disposal of a person as a slave and
3. the acceptation, reception or detention of any person against his will as a slave

SECTION – 370 A:
1. Whoever, knowingly or having reason to believe that a minor has been trafficked1,
engages such minor for sexual exploitation in any manner, shall be punished with
rigorous imprisonment for a term which shall not be less than five years, but which
may extend to seven years, and shall also be liable to fine.
2. Whoever, knowingly by or having reason to believe that a person has been
trafficked1, engages such person for sexual exploitation in any manner, shall be
punished With rigorous imprisonment for a term which shall not be less than three
years, but which may extend to five years, and shall also be liable to fine.

SECTION- 371:

 Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells,

traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment
of either description for a term not exceeding ten years, and shall also be liable to fine.

CASE LAW
Case Name: Empress Of India vs Ram Kuar on 8 March, 18803
Citations: (1880) ILR 2 All 723
Bench: R Stuart, Pearson, Spankie, Oldfield, Straight
FACTS:

 Here the girl Deoki appears simply to have been enticed away by the accused Ram Kuar for
the purpose of a marriage, which owing to an objection on the score of caste did not take
place, and she was sent back to Ram Kuar. Whether in any case the marriage could have been
carried out must be more than doubtful, as she herself states she had previously been married
to Nangha, a fact which in all probability was not known at the time to Ram Kuar. But,
whether that be so or not, it is perfectly clear that on the facts there is not the slightest
pretence for holding that any offence whatever under sec. 370 was committed.
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Judgement:

Upon the facts as disclosed in the judgment of the Sessions Judge, I am of opinion that the
conviction of Ram Kuar under Section 370 of the Penal Code cannot be sustained. There is
no sufficient evidence that the girl Deoki was "sold or disposed of" to the brother of Udia
Ram for the purpose of her being dealt with as a slave, or, in other words, that a right of
property in and over her should be asserted by her purchaser in employing her in menial and
enforced services against her will and by restraining her liberty. On the contrary, the proof
appears to be, that the Rs. 4 and the buffalo were given by Udai Ram's brother under the
belief that Deoki was a Jat, and his admitted object and intention in reference to her was
marriage. Moreover, the moment it was discovered she was a Gararia, Udai Ram started to
take her back to Ram Kuar and was only prevented from doing so by his arrest. Under all the
circumstances, I think that the decision of the Sessions Judge should be set aside.

IMMORAL TRAFFIC (PREVENTION) AMENDMENT ACT, 2018:

Reasons for the implementation of the Act:

The menace of child trafficking in our country has been growing at an alarming pace. The
common reasons for child trafficking range from economic deprivation, lack of employment
opportunities, low social status (more common for girls), low education level and general
awareness, disadvantageous socio-cultural norms, gender and minority discrimination etc.
The prevalence of child trafficking is high in poverty stricken areas of Andhra Pradesh,
Bihar, Uttar Pradesh, Madhya Pradesh, Rajasthan, Orissa and West Bengal.

Traffickers force young girls into prostitution, and other men, women, and children are held
in debt bondage and face forced labour working in brick kilns, rice mills, factories, homes as
domestic servants, or as beggars or in hazardous occupations etc. The traffickers of young
girls are often those women who themselves have been trafficked and who use their personal
relationships and trust in people in their villages to recruit additional girls. A large number of
children are abducted every year of which a sizeable number remain untraced according to a
report by the National Human Rights Commission of India.

The United Nations Children's Fund (UNICEF) has estimated that the majority of children
trafficked are engaged in hazardous occupations. Although the Immoral Traffic (Prevention)
Act, 1956 is in place to address the issue of human trafficking. The Act only refers to
trafficking for prostitution, hence does not provide comprehensive protection for children.
 Page 21 of 33

The Act also does not provide clear definition of "trafficking". Thus, there is an imperative
need to define, trafficking and to enhance the punishment for the heinous offence to protect
children and others against trafficking.

Immoral Traffic (Prevention) Amendment Act, 2018:

In the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the principal Act), in
section 2, after clause (i), the following clause shall be inserted, namely,— "(ia) 'trafficking
in person' means the recruitment, transportation, transfer, harbouring or obtaining of persons,
by means of threat or use of force or other forms of coercion, abduction, kidnapping, fraud,
deception, abuse of power or of a position of vulnerability or of giving or receiving of
payments or benefits to achieve the consent of a person having control over another person,
for the purpose of exploitation. Explanation. (1)—The expression "exploitation" includes,
exploitation for prostitution or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs and the consent of a
victim of trafficking in persons to the intended exploitation set forth in clause (ia) shall be
irrelevant where any of the means mentioned in clause (ia) have been used. Explanation. (2)
—The expression 'trafficking in persons' includes recruitment, transportation, transfer,
harbouring or obtaining of a child for the purpose of exploitation even if it does not involve
any of the means as mentioned in clause (ia)". In the principal Act, after section 5, the
following section shall be inserted, namely:— "5A. Any person who commits trafficking in
person shall be punished with imprisonment for life.

Human Trafficking:4

Human Trafficking in India and around the world is the trade of human beings for the
purpose of sexual slavery, bonded and forced labour or for any commercial sexual
exploitation and prostitution.

Men, women or children under human trafficking are made believe that the concerned person
will provide them with a good job in a different country or place. They blindly believe the
traffickers and are then sold by them to other people. Trafficking is the 3 rd largest organized
crime in the world.

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Laws for the prevention of Human Trafficking:

Though the Immoral Traffic Prevention Act, the Indian Government penalises trafficking for
commercial sexual exploitation with prescribed penalty of 7 years to life imprisonment.

Causes of Human Trafficking:

1. Men for work generally migrate to major commercial cites

2. To fulfil the supply all sorts of efforts are made by the suppliers like abduction
3. The economic injustice and poverty
4. Debt labour is not known much but it is illegal but prevalent in society
5. Social inequality, regional gender preference, imbalance and corruption are the other
leading causes of human trafficking in India.
6. Parents in tribal areas send kids for better life in terms of education and safety
7. Girls and women are not only trafficked for prostitution but also bought and sold like
commodity in many regions of India where female ratio is less as compared to male
due to female infanticide,
8. These are then forced to get married.

Labour Laws:

The humans are trafficked not only for the sexual exploitation but also for the labour
purposes. The criminal laws are available to prevent the sexual crimes and there are labour
laws which are against the bonded labour. The children are being abducted and they are
forcibly entering in to the bonded labour activities. Women are being involved in the
prostitution due to lack of money and they believe the persons who trafficked them. India
also prohibits bonded and forced labour through:

1. Bonded Labour Abolition Act

2. Child Labour Act
3. Juvenile Justice Act

Bonded Labour Abolition Act, 1976:

An Act to provide for the abolition of bonded labour system with a view to preventing the
economic and physical exploitation of the weaker sections of the people and for matters
 Page 23 of 33

connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-seventh

Year of the Republic of India as follows:

1. On the commencement of this Act, the bonded labour system shall stand abolished
and every bonded labourer shall, on such commencement, stand freed and discharged
from any obligation to render any bonded labour.
2. After the commencement of this Act, no person shall
a. make any advance under, or in pursuance of, the bonded labour system, or
b. Compel any person to render any bonded labour or other form of forced labour.

Punishment:

Whoever after the commencement of this act compels any person to render any bonded
labour shall be punishable with imprisonment for a term, which may extend to 3 years and
also with fine, which may extend to 2000/-

Child Labour (Prohibition and Regulation) Act, 1986:

Employment of children below 14 & 15 years in certain prohibited employments have been
prohibited by various acts but there is no procedure laid down in any law for deciding in
which employments, occupations or processes the employment of children should be banned.
There is also no law to regulate the working conditions of children in most of the
employments where there are not prohibited from working and are working under
exploitative conditions. Accordingly it was declared to enact a comprehensive law on the
subject. To achieve this objective the child labour Bill was introduced in the Parliament.

Punishment:

A person who employs any child in contravention of the provisions of section 13 of the Act is
liable for punishment with imprisonment for a term which shall not be less than three months
but which may extend to 1 year or with fine which shall not be less than 10000/- but which
may extend to 20000/- or both.

TERRORISM:

The genesis of terrorism, as a global problem, is attributed to development of political

situation in the World in late 60s. However, it is not a modern phenomenon as it has been in
existence since the days of ancient Greece, in medieval Italy and in the 20th Century. The
 Page 24 of 33

origin of the present day terrorism can be traced to the Sinai War of June 1967 when in a few
days Israel decimated the armed forces of some of the Middle East countries and occupied
large tract of their land. 5The Arab world has since then been simmering with anger and rage
leading to the beginning of "contemporary wave of terrorism" in the Middle East in 1968.
The first manifestation of moving away from the conventional war and confrontation between
the Israeli and the Arab was the seizure of an American Airline by a Palestinian sympathizer.
Terrorism is no longer a technique of protest but has become a global apparatus to challenge
the number one superpower in the unipolar world. What had not been reckoned earlier was
the way in which religion was to become enmeshed with the political aspiration.

The International Law Commission concluded that the following categories constitute
terrorist acts:

i. Any act causing death or grievous bodily harm or loss of liberty to a Head of
State, persons exercising the prerogatives of the Head of State, their hereditary or
designated successors, the spouse of such persons, or persons charged with public
functions or holding public positions when the act is directed against them in their
public capacity.

ii. Acts calculated to destroy or damage public property or property devoted to a

public purpose.

iii. Any act likely to imperil human lives through the creation of a public danger, in
particular the seizure of aircraft, the taking of hostages and any form of violence
directed against persons who enjoy international protection or diplomatic
immunity.

iv. The manufacture, obtaining, possession or supplying of arms, ammunition,

explosives or harmful substances with a view to the commission of a terrorist act.

Section -2 of IPC

Section -2 of IPC deals with the punishment of offences committed within India. It states that
every person shall be liable to be prosecuted under this code and not otherwise for every act
or omission contrary to the provisions there of, of which he shall be guilty within India. The
plain meaning of this usage “every person” is that it comprehends all persons without
irrespective of nationality. The object of this section is to declare the liability of every person
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 Page 25 of 33

irrespective of nationality to be punished for an offence committed under the Indian Penal
Code.

Section- 121 of IPC:

 Waging, or attempting to wage war, or abetting waging of war, against the Government of
India.- Whoever, wages war against the Government of India, or attempts to wage such war,
or abets the waging of such war, shall be punished with death, or imprisonment for life and
shall also be liable to fine.

Acts of terrorism have been held to come under the ambit of offence of waging war or
attempting to wage war or abetting waging of war under section 121 of IPC. This was held by
the Delhi High Court in the case of State of Delhi v. Mohd. Afzal and Ors. This judgement of
the Delhi High Court was confirmed by the Supreme Court under this section. He was one of
the conspirators of the Terrorist attack on the Indian Parliament in December,2001. There has
been some confusion however whether the word whoever in this section includes foreign
nationals as well. The position of the Delhi High Court in this regard was reaffirmed by the
Supreme Court when it held that we find no reason why the foreign nationals stealthily
entering into the Indian territory with a view to subverting the functioning of the Government
and destabilising the society should not be held guilty of waging war within the meaning of
section-121.

However the IPC suffer sfrom inherent drawbacks when it comes to the provisions regarding
terrorist attacks and offences related to the acts of terrorism. The very first being that
nowhere in the IPC is the word terrorism is defined. There is a need to incorporate permanent
special provisions to deal with terrorism in all our major acts dealing with crimes i.e., the
Indian Penal Code, the Crpc,1973 and the Evidence Act, 1872. All three of these acts were
drafted and enacted before terrorism became rampant and therefore these legislations unless
amended are not equipped to deal with the acts of terrorism.

The special provisions should preferably be in a separate chapter in the IPC and should
clearly define terrorism and terrorist offences and prescribe stringent punishments, including
prescribed minima for incarceration. The new provisions in the Crpc should provide for the
speedy trials denied of bail after the charge is framed by the court, restrict the number of
appeals to one and that too only on substantive points of law.
 Page 26 of 33

Time limits could also prescribe for filling charge sheets, trail procedure and appeals. Special
provisions in the Evidence act should try to liberalise the rules of evidence. Along with the
introduction of special legal provisions to tackle terrorism, safe guards against misuse or
abuse of the provisions can also be enacted.

Case Law

Case Name: Md. Ajmal Amir Kasab v. State of Maharstra6

Citation: (2012) 9 SCC 1

Bench: Aftab Alam, Chandramauli Kr. Prasad

Facts:

According to the prosecution, a sinister conspiracy was hatched in Pakistan and in

furtherance of that conspiracy a savage attack was unleashed on Mumbai by a team of ten
terrorists, including Kasab, who landed on the city’s shores via the Arabian Sea. The attack
began on November 26, 2008 at about 9.15 PM and it ended when the last of the attackers,
who was holed up in Hotel Taj Mahal Palace, was killed by Indian security forces at about
9.00 AM on November 29. The brutal assault left Mumbai scarred and traumatized and the
entire country shocked. The terrorists killed one hundred and sixty-six (166) people and
injured, often grievously, two hundred and thirty-eight (238) people. The loss to property
resulting from the terrorist attack was assessed at over Rupees one hundred and fifty crores
(Rs. 150 Cr.). The dead included eighteen (18) policemen and other security personnel and
twenty-six (26) foreign nationals. The injured included thirty-seven (37) policemen and other
security personnel and twenty-one (21) foreign nationals. Of those dead, at least seven (7)
were killed by the appellant personally, seventy-two (72) were killed by him in furtherance of
the common intention he shared with one Abu Ismail (deceased accused no.1) and the rest
were victims of the conspiracy to which he was a party along with the nine (9) dead accused
and thirty-five (35) other accused who remain to be apprehended and brought to court.

6
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 Page 27 of 33

Judgement:

The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid (hereinafter
referred to as ‘the appellant’ or as ‘Kasab’), who is a Pakistani national, has earned for
himself five death penalties and an equal number of life terms in prison for committing
multiple crimes of a horrendous kind in this country. Some of the major charges against him
were: conspiracy to wage war against the Government of India; collecting arms with the
intention of waging war against the Government of India; waging and abetting the waging of
war against the Government of India; commission of terrorist acts; criminal conspiracy to
commit murder; criminal conspiracy, common intention and abetment to commit murder;
committing murder of a number of persons; attempt to murder with common intention;
criminal conspiracy and abetment; abduction for murder; robbery/dacoity with an attempt to
cause death or grievous hurt; and causing explosions punishable under the Explosive
Substance Act, 1908. He was found guilty of all these charges besides many others and was
awarded the death sentence on five counts, life-sentence on five other counts, as well as a
number of relatively lighter sentences of imprisonment for the other offences.

Apart from the appellant, 2 other accused namely Fahim Ansari and sabauddinn Ahmad both
Indian nationals were also arraigned before the trail court and indicted on the same charges as
the appellant.The appellant Md. Ajmal Amir Kasab has earned for himself 5 death penalties
and an equal number of life terms in prison for committing multiple crimes of a horrendous
kind in this country.

CASE LAW

Case Name: H.V. Thakur v State of Maharashtra7

Citation: (1994) 4 SCC 602

Bench: Anand, A.s (J)

Terrorism is one of the manifestations of increased lawlessness and cult of violence. Violence
and crime constitute a threat to an established order and are a revolt against a civilized
society. "Terrorism" has not been defined under TADA nor is it possible to give a precise
definition of "terrorism" or lay down what constitutes "terrorism". It may be possible to
describe it as use of violence when its most important result is not merely the physical and

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 Page 28 of 33

mental damage of the victim but the prolonged psychological effect it produces or has the
potential of producing on the society as a whole.

Terrorist and Disruptive Activities (Prevention) Act, 1985:

1. Whoever commits a terrorist act if such act is resulted in death of any person be
punishable with death or imprisonment for life and shall also be liable to fine. In any
other case, the punishment is imprisonment for a term which shall not be less than
five years but which may extend to imprisonment for life and shall also be liable to
fine.
2. TADA provides for minimum punishment of five years and maximum of
imprisonment of life for conspiring to commit or knowingly facilitating the
commission of terrorist act.
3. Whoever harbours or conceals any terrorist was to be punished with imprisonment
for a term which shall not be less than five years but which may extend to
imprisonment for life and shall also be liable to fine.
4. Punishment for disruptive activities was imprisonment for a term which shall not be
less than five years but which may extend to imprisonment for life.

CASE LAW:

Shaheen Welfare Association v Union of India 8

Citation: 1996 SCC (2) 616

Bench: Manohar Sujata

In a Writ Petition on TADA - Shaheen Welfare Association vs. Union of India and others, the
Supreme Court observed as follows :-

1. Deprivation of the personal liberty without ensuring speedy trial would not be in-
consonance with the right guaranteed by article 21 of the Constitution. Of course,
some amount of deprivation of personal liberty cannot be avoided in terrorist cases,
but if the period of deprivation, pending trial, becomes unduly long, the fairness
assured by article 21 would receive a jolt. The Court also observed that after the
accused persons have suffered imprisonment which is half of the maximum

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 Page 29 of 33

punishment provided for the offence, any further deprivation of personal liberty
would be violative of the fundamental right visualized by article 21.
2. The Court observed that while it is essential that innocent people should be protected
from terrorists, it is equally necessary that terrorists are speedily tried and punished. It
also causes irreparable damage to innocent persons who may have been wrongly
accused of the crime and are ultimately acquitted but to remain in jail for a long
period pending trial because of the stringent provisions regarding bail under TADA.
3. The proper course is, therefore, to identify from the nature of the role played by each
accused person, the real hardcore terrorists or criminals from others who do not
belong to that 225 category and apply the bail provision strictly in so far as the former
class is concerned and liberally in respect of the later classes.
4. When stringent provisions have been prescribed under an Act such as TADA for grant
of bail and a conscious decision has been taken by the legislature to sacrifice to some
extent the personal liberty of an under trial accused for the sake of protecting the
community and the nation against terrorists and disruptive activities or other activities
harmful to society. It is also necessary that investigation of such crimes is done
efficiently and adequate number of designated courts are set up to book persons
accused of such serious crimes. This is the only way in which society can be protected
against harmful activities. This would also ensure that persons ultimately found
innocent are not unnecessarily kept in jail for long periods.

Prevention of Terrorism Act, 2002

TADA lapsed on 23rd May, 1995. However, taking into account the terrorist activities of
various groups in several parts of the country and the fact that some of these groups are
sponsored by foreign elements. The Government came to the conclusion that alternative law
must be enacted and they named it as Prevention of Terrorism Act (POTA).

TORTURE:

Torture is not criminalised in law as a separate or special offence. Provisions in the IPC, 1860
penalises acts that can also be considered as torture, with 7 and 3 years of imprisonment
respectively if proven guilty. But the offence attracts no particular relevance if the crime is
committed by a police officer. The temporal treatment of the law is to deal with a regular
offence.
 Page 30 of 33

An act of torture if proved does not require the perpetrator to pay compensation to the victim.
The right against the torture is not a fundamental right. The courts in India, thus far taken a
minimalistic view on compensatory claims concerning acts of torture.9

A claim for compensation is dealt within the realm of personal injury claims. Awards of
compensation vary widely from the court throughout the country. In Kishore Sing v. State of
Rajasthan, the Supreme Court said that nothing is more cowardly and unconscionable than a
person in police custody being beaten up and nothing inflicts deeper wound on our
constitutional culture than a state official running berserk regardless of human rights.

PREVENTION OF TORTURE ACT, 2010

Most states have maintained silence on a draft bill which seeks life in jail for public servants
convicted of torture. So far only 4 states, Meghalaya, Sikkim, Jharkhand and Himachal
Pradesh have conveyed their agreements with the draft bill prepared by the law commission.

The prevention of Torture Act, 2010 was introduced in the Lok Sabha and was passed by the
Lok Sabha on 6th may, 2010. The act has been introduced to allow India to ratify the United
Nations Convention against torture and other cruel, inhuman and degrading treatment of
punishment. The Convention against torture requires member countries to bring their
domestic legislation in conformity with the provisions of the Convention.

TORTURE:

The Public Servant or any person with a public servant consent commits torture if all 3
conditions are met:

1. Act results in i. Grievous hurt to any person or ii. danger to life, limb or health of any
person and
2. The act is done intentionally
3. The act is done with the purpose of getting information or a confession.

PREVENTION OF TORTURE ACT, 2018

Reasons for the implementation:

 India signed the convention against torture and other cruel, inhuman and degrading
treatment or punishment on 14th October, 1997. To ratify the convention it is
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 Page 31 of 33

necessary to enact any enabling legislation to reflect the definition and punishment for
torture.
 According to the National Crime Records Bureau as many as 308 people died in the
police custody between 2011 and 2013 but less than 40% of these deaths led to a case
being registered.
 Out of 170 signatories to the United Nations Convention, India remains one of the
only 8 countries yet to ratify the convention.
 152nd report of the Law Commission on custodial deaths had recommended changes
to the law to prevent custodial crimes including torture.

Whereas India is a signatory to the United Nations Convention against Torture and other
cruel, inhuman or degrading treatment and whereas it is necessary to ratify the convention
and also to provide for more effective implementation. Be it enacted by the Parliament in the
69th year of the Republic of India.

1. This act may be called the Prevention of Torture Act, 2018

2. It extends to the whole of India
3. It shall come into force on such a date as the Central Government may by notification
in the Official Gazette Appoint.

PUNISHMENT:

Where the Public Servant referred to Section-3 or any person abetted by or with the consent
or acquiescence of such public servant, tortures any person

a. For the purpose of extorting from him or any other person interested in him any
confession or any information which may lead to the detection of an offence or
misconduct.
b. For the purpose of punishing him for any act or
c. On the ground of his religion, race, place of birth etc shall be punishable with
imprisonment for a term which shall not less than 3 years but it may extend to 10years
and also shall be liable to fine.
 Page 32 of 33

CONCLUSION
Organized Crimes are no longer confined to geographical jurisdictions or national
boundaries; instead, they have become transnational problems. Such crimes have existed in
different forms, but the contemporary patterns are more complex that they have been in
history. Transnational Organized Crimes (TOCs) affect almost every country, and are
promoted by various factors including globalization, poverty and unequal wealth distribution,
technological innovations, corruption, inadequate governance, geographical location and
many others. The study addresses the rising cases of TOC activities in India; the country is
currently affected by various criminal activities which are transnational in nature. Such
include smuggling, firearms trafficking, human and drug trafficking, prostitution, kidnapping
and cybercrimes. Criminal networks are expanding and diversifying their activities. Thus
TOCs impair the social and economic development. The study also discusses the impact of
TOCs in different sectors of the country. The study further analyses the major challenges the
government faces to deal with the problems and recommends how to weaken the criminal
network in the country.
 
 Page 33 of 33

BIBLIOGRAPHY:

BOOKS:

1. KENNY’S – OUTLINES OF CRIMINAL LAW

2. AN INTRODUCTION TO INTERNATIONAL CRIMINAL LAW AND
PROCEDURE- ROBERT CRYER, HAKAN FRIMAN, ELIZABETH
WILMSHURST

INTERNET RESOURCES:

1. http://www.legalservicesindia.com/article/295/Global-Terrorism-&-Major-Indian-
Legislations.html
2. https://www.unodc.org/southasia/en/topics/frontpage/2009/combating-transnational-
organised-crime.html
3. http://medind.nic.in/jal/t07/i4/jalt07i4p125.pdf
4. https://mha.gov.in/sites/default/files/criminal_justice_system.pdf