GANGS AND THE SPECIAL LAWS DEALING WITH GANGS CRIMES

ABSTRACT

Gang violence happens all over the world, but it happens most often in cities. Even though
they have been around for a long time, states have only recently started to see them as serious
threats to public safety. Because of this, laws have been passed that are meant to stop them.
This article talks about how hard it is to deal with these things properly from a legal
standpoint and looks at the different approaches that have been taken so far at the national
and international levels. Both poor and rich countries have crime and gang violence. They
cause the government and society a lot of trouble, especially in cities.
Also, there are many illegal markets, such as the trade of illegal cigarettes and stolen cars,
extortion of multinational companies, gambling, prostitution, and so on.

KEYWORDS

Special Laws and Criminology

 INTRODUCTION

All people in charge of a gang know about the police compel or have run into them. They
would like to use their huge wealth to convince them. Still, not all police officers are helpful
or honest, so their bosses have to find ways to kill them if they want to stay alive. The only
group of men who can make the police do something or stop them from doing something is
the lawmakers in force. In this way, they are the main things that gangs are after. A lawmaker
is usually not a reliable person because his success depends on making the right choices.

Section  120-A of IPC defines criminal conspiracy as:

When two or more people agree to conduct an illegal act or a legal act illegally. Such an
agreement constitutes a criminal conspiracy: No agreement besides an agreement to commit
an offense shall amount to a criminal conspiracy unless one or more parties to such
agreement execute some act besides the agreement in pursuance of its aim.

Section 120-B of the India Penal Code provides for punishment for criminal conspiracy.

Whoever is a party to a criminal plot to commit an offense punishable by death, life

imprisonment, or hard imprisonment for two years or more will be punished as if he had
assisted the offense. Whoever is a party to a criminal conspiracy other than one to conduct a
chargeable offense will be imprisoned for up to six months, fined, or both.

According to the terrorist and disruptive activities prevention act.

The police used TADA because it has a broad definition of a terrorist act and could easily be
used to prosecute crimes committed by organized gangs. But the police sometimes used this
Act in ways that didn't make sense because it was also used in everyday situations.
According to the National security Act,1980
The Act lets the Central Government, the State Government, or any of their officers who are
allowed to do so by the government hold someone to stop them from harming. So, it lets the
government put someone in jail to keep them safe. Most detention orders last for one year.
 RESEARCH METHODOLOGY

The qualitative and pictorial data analysis is being carried out to better comprehend the legal
notion of Special Laws dealing with Gangs Crimes. The information gathered comes mostly
from well-known writers' books, journals, papers, and websites.

REVIEW OF LITERATURE
Pierre Hauck and Sven Peterke 1researched this impact Organized criminal gangs tend to
evolve similarly, whether in India, the US, or another country. One individual starts a gang
and attracts a few followers. He succeeds at smuggling, bootlegging, or other illicit
endeavors. Once he establishes himself in his little area of operation, he bribes local police
and customs and excise employees to protect him and his thugs. Once he reaches this stage,
more small-time thieves flock to him for protection. These small criminals join their gangs or
pay protection money to keep their identities. Their operations are limited to an agreed-upon
area.

Without police protection or apathy, no criminal gang can survive. All gang bosses interact
with the police. They'd rather woo them with money. All policemen aren't buyable or
dishonest, thus bosses must neutralize them to survive. Only powerful politicians can affect
or stop police action. Gangs target them first. A politician is insecure because he depends on
winning elections. When facing voters, he'll grab at any straw. In India, there are three main
ways to vote. First, the candidate should be so popular that the people vote for him without a
doubt. These candidates are rare. The second option is to have enough money to buy votes
through vote brokers, who are available nationwide. The third option is to terrorize voters
into voting for them or to keep them away from the polls so imposters can vote. Also
terrorized are voting booth employees. Organized gangs can buy or terrorize voters for the
second and third options. Under these situations, politicians use criminal gangs to win
elections and gain power. They must supply gangs with police protection.

Police officers are government officials whose careers depend on political administration
because their assignments, transfers, promotions, etc. require formal or informal approval.

1
https://www.corteidh.or.cr/tablas/r25263.pdf
This subjugates the police force to political will. What's better for a gang boss than a
politician's police protection? This also applies to Customs, Excise, Revenue, and other law
enforcement organizations. The cop faces a tough decision. If he caves, he'll lose good
positions, authority, respect, power, and money. If he doesn't comply, he'll face unwelcome
charges, be denied privileges and facilities, and have a frustrating job. Under these
conditions, an average law enforcement officer can't do his job honestly.

The judiciary, the last refuge of law-abiding citizens, portrays organized crime poorly.
During Punjab terrorism, less is said about the courts. Large cities in India are plagued by
organized crime while the public and criminal justice system is in a coma 2. Organized gangs’
illegal riches grow daily. CBI estimates Dawood Ibrahim's annual turnover at Rs. 2000
crores. A decade ago. All organized criminal gangs in India generate at least Rs.50,000 crores
annually. 50 to 60% of the entire income would be spent on gang members' pay and
maintaining their cars, ships, safe homes, communication equipment, weapons, etc. 3 It would
cover legal fees for captured members, police, customs, excise, airport, port, security, and jail
costs. Bombay gang lord Arun Gowli spends Rs.5 lakhs a month to jail officials to guarantee
he and his gangsters are well cared for. The rest is invested in enterprises and real estate. Any
gang-started business can't fail since competitors are forced to withdraw. There's also plenty
of money to get companies through tough times. Organized crime has a Midas touch and
makes everything rich. Dawood Ibrahim's known investments reflect the amount of money
invested. Since the beginning of time, criminal gangs have been active in India. When
traveling through remote areas surrounded by dense forest, 'thugs' would prey on lost
travelers and wayfarers. Small and large groups of 'thugs, most of them unarmed and
appearing to be pilgrims, ascetics, or other innocent wayfarers, would travel together in
groups

The Dawood Gang

The Bombay gangsters, led by Dawood Ibrahim, are the most powerful, with a nationwide
network that extends to other countries. Known as a strong transnational criminal, he
specializes in narcotics trafficking, smuggling, extortion, and contract killing, among other

2
https://lawtimesjournal.in/author/ruchika-jha/

3
https://www.jetir.org/papers/JETIREO06077.pdf
crimes. Since 1985, he has called Dubai home. In a short period, he had a tremendous climb.
When he was younger, his father was the head of the Bombay Crime Branch, therefore he
had the support of the city's police through the influence of his father.

Arun Gang

His group collects money from wealthy businessmen for protection and performs contract
assassinations.

The Gang of Amar Naik

the Rajan gang of Chota

The Veerappan Gang of Karnataka.

Bhabloo, Uttar Pradesh's Gang district Om Prakash Srivastava

With so much money, the mafia can purchase anyone. Numerous high-ranking politicians
have direct ties to the Mafia and depend on them to stay in office. Dons, politicians, police,
customs, excise, revenue, and the courts make up the Indian Mafia today. They've made
significant inroads inside all these agencies, enough to undermine law enforcement and
secure Mafia success. In this situation, combating organized crime is difficult. The police
want to end organized crime. 4

LAWS ABOUT ORGANISED CRIME

Organized gangs commit kidnapping, extortion, and murder. They provide illegal alcohol,
drugs, gambling dens, prostitutes, firearms, and foreign exchange. The IPC and additional
Special Acts address all these offenses. When reported to the police, these offenses are
investigated under relevant statutes. In some circumstances, criminals are arrested and
prosecuted. Few are convicted. The convicted criminal is a pawn used by gang bosses to
commit a crime. His conviction is compensated with money, free legal representation, and
financial support for his family, as well as a luxurious jail term. The conviction hasn't helped
the criminal justice system. The crimes continue with a new criminal.
4
http://www.legalservicesindia.com/article/1290/Organized-Crime-In-India.html
Poor conviction rates have various causes. They are:

1. Few witnesses testify because they fear gang reprisals.

2. After committing the crime, the crooks leave to safe houses far away. By the time they are
apprehended, they have destroyed evidence and scared away witnesses. If a witness is
stubborn, he may be dismissed.

3. Gangs have enough money to give the accused the greatest legal representation and alter
court records, etc.

4. If the gang boss is also charged, there is no proof linking him to the crime because there
are several levels between him and the perpetrator. The bosses avoid contacting genuine
criminals. Underlings function on a "need to know" basis and are uninformed of the gang
boss's intentions and activities. They cannot give any critical information to authorities during
interrogation.

5. Because judges give bail so easily, there's little motivation to move quickly, therefore the
case drags on for years. The prosecution loses interest, witnesses forget facts, evidence is
destroyed, and cases are acquitted.

Indian Penal Code 120-A defines criminal conspiracy as "When two or more people agree to
conduct an illegal act or a legal act illegally. Such an agreement constitutes a criminal
conspiracy: "No agreement besides an agreement to commit an offense shall amount to a
criminal conspiracy unless one or more parties to such agreement execute some act besides
the agreement in pursuance of its aim."

Criminal conspiracy is punishable under India's Section 120-B. Whoever is a party to a

criminal plot to commit an offense punishable by death, life imprisonment, or hard
imprisonment for two years or more will be punished as if he had assisted the offense.
Whoever is a party to a criminal conspiracy other than one to conduct a chargeable offense
will be imprisoned for up to six months, fined, or both.

Without prosecuting and convicting gang commanders, organized gangs will go unchecked.
Section 120A&B or Section 114 (Criminal Conspiracy and Abetment) cannot be used to gain
a conviction since it is difficult to prove a conspiracy between the gang head and the actual
perpetrator. Similarly, it is impossible to prove that the gang boss abetted the crime since
there are no written orders or records. All commands are verbal and transmitted from one
level of command to the next until the killed man gets the order from his immediate superior.
IPC includes dacoity provisions. This is one of India's oldest crimes, perpetrated for financial
gain. Looting or extortion are common. Code 391 defines dacoity. "When five or more
persons jointly commit or attempt a robbery, or when the total number of persons jointly
committing or attempting a robbery, and persons present and aiding such commission or
attempt, equals five or more, every person so committing, attempting or aiding commits
dacoity. "Dacoity is when five or more persons commit robbery. Section 395 of the statute
punishes this crime with life in prison or 10 years of hard labor.

Section 399 punishes dacoity planning.

Section 402 penalizes dacoity assembly.

Section 400 punishes members of a 'gang' who commit dacoity regularly.

Section 364-A punishes kidnappings, etc.

SPECIAL LAWS

Criminal conspiracy in India is defined by the Indian Penal Code in Section 120-A as:

This act is aimed at averting terrorist and disruptive acts.

A wide definition of a terrorist act allowed the authorities to use TADA to prosecute
organized gang offenses because of this Act's scope. There was some abuse, however, in that
the law was applied in routine instances as well. The Act gives the police the following
benefits when tackling gang-related crimes

TADA defines a terrorist act as an act committed by a gang.

A police officer of the rank of SP is permitted to record a confession made to him.

Even after 180 days of investigation, there has been no indictment and the suspect remains
detained.
No bail is granted until the public prosecutor is heard, and even after the hearing, the court
still concludes that there is no evidence to support a conviction.

The 1980 National Security Act was passed into law.

Under the Act, the government can hold an individual to prevent him or her from committing
any crime. Preventive detention of a person is therefore possible. As a general rule, a
detention order lasts one year. To ensure that the country's security is not jeopardized, this
mechanism has been put in place. A High Court Judge must sign off on this order. For the
sake of national security, this advisory board must act by its responsibilities as an advisory
board. Terrorists, anti-nationalists, and gangsters who fear fleeing the country are the primary
targets of this law. There is no trial because the detention is an executive decision.

The Act on Narcotics and Psychotropic Substances

Narcotic and psychoactive drug trafficking is a primary concern of this legislation. Any
society's health and well-being are gravely endangered by the use of narcotics and
psychotropic drugs. Individuals and gangs attack the economic basis of the country. Act of
1988 to Prevent Illicit Traffic in Narcotic Drugs and Psychotropic Substances includes
provisions for detaining those who deal in such things. The law gives the government the
power to hold a person to prevent him from giving an order that could cause harm. This
includes the central government, state governments, and any government personnel
authorized to do so. While the average sentence is one year, it can be increased to two years
under specific circumstances.

Other Statutes

The federal government has enacted several laws to combat organized crime and its various
elements. Some examples are the 1973 Foreign Exchange Regulation Act, the 1867 Public
Gambling Act, the 1962 Customs Act, and the 1956 Immoral Traffic Prevention Act.

SUGGESTIONS

To effectively combat organized crime, the Criminal Justice System must take a new
approach. Organized gang crimes have built-in protections against punishment. Gang bosses
are immune to judicial retribution. The cops can't get the proof needed to punish them,
despite expert suggestions. Telephone tapping, photography, and listening devices have been
proposed to acquire evidence against gang bosses, but a smart lawyer can shred all such
evidence in court. A gang boss must be proven guilty beyond a reasonable doubt. He plotted
ransom kidnapping. Then it must be proven that he instructed the second-level gang leader to
do the crime. Further, it must be proven that the second-in-command instructed the real
kidnappers to commit the crime. Ransom money collected by a different party or through
hawala cannot be attributed to the gang boss.

No Indian court is likely to convict a gang commander under these conditions unless he
commits a crime, which is doubtful. India's court values evidence over truth. They focus on
delivering judgments, not justice. In most criminal cases, the evidence is insufficient to
demonstrate the accused's guilt according to natural justice rules and to convince the judge.
Even if the judge is persuaded the accused did the crime, he will need absolute proof to
condemn him. It's crucial to move the courts' focus from evidence to justice. Under these
conditions, law enforcement cannot control organized crime. The police can either give up or
join the criminals to share the plunder. Bombay, India's underworld capital, has experienced
this. Police have realized neither politicians, bureaucrats nor courts are interested in fighting
organized crime. Police shouldn't fight alone. Sharing the treasure is safer and more
profitable. In cases of public indignation or media pressure, they act actively for a week and
arrest a few persons. Then everything returns to normal.

The courts' liberal attitude toward bail and acquittals has led to a new system of justice
founded on the notion that nobody gets convicted unless he's incompetent. The newspapers
often report on acquitted murderers being killed by the victim's family or friends upon their
release from jail. Do we want justice when the victim decides how to punish the offender? If
this ideology spreads as it did in Bihar, every judge who condemns a criminal would be
assassinated the next day. The public believes that no crime will be punished if you have
enough money to hire skilled lawyers or political clout. This weakens the rule of law in a
healthy society.

CONCLUSION

The country is facing a significant challenge in the form of organized crime. The necessity
for a resolution as well as a legal system to govern it is pressing right now because of the
sheer enormity and growing dimensions of the problem. For the states to be able to keep tabs
on gang crimes, they need to develop an institutionalized coordinating mechanism among the
various states. In addition, it is abundantly clear that the ball is currently in the court's court to
decide whether or not it would want to dispense justice or whether or not it would want to
adhere to the rules of evidence and leave the dispensing of justice to the average person on
the street to wield his weapon. Therefore, the battle against organized crime, despite being a
challenging endeavor should not be left just to the police but rather should involve all
branches of the state.

BIBLIOGRAPHY AND CITATIONS

Works Cited
Abhilasha. (2019, February). Gangs and the Special Laws Dealing With Gangs Crimes. Retrieved from
https://www.jetir.org/papers/JETIREO06077.pdf

Dighe, J. (n.d.). Meaning characteristic types legal provision in India and problem in control of
organized crime in India. Retrieved from
http://www.legalservicesindia.com/article/1290/Organized-Crime-In-India.html

Genelin, M. (1996). Tough Laws Should Target Gangs (From Gangs. 104-111.

Jha, R. (2020, March 14). Gangs and The Special Laws dealing with Gangs Crimes. Retrieved from
https://lawtimesjournal.in/gangs-and-the-special-laws-dealing-with-gangs-crimes/

Mishra, I. (2021). Man denied bail for 3 months was ‘booked’ under Gangsters Ac ..

Peterke, P. H. (2010, June). Organized crime andgang violence innational andinternational law.
Retrieved from https://www.corteidh.or.cr/tablas/r25263.pdf

-Himanshu Goyal

-Narsee Monjee Institute of Management Studies, Bangalore