The Offence of Organised Crime

In one line

Section 3 punishes five different people: the person who commits organised crime, the person who conspires or facilitates it, the person who shelters a member, the member himself, and the person who holds the proceeds.

In the wording a student can write in an exam: by section 3(1) of the Maharashtra Control of Organised Crime Act, 1999 whoever commits an offence of organised crime shall, if the offence has resulted in the death of any person, be punishable with death or imprisonment for life and a fine of not less than one lakh rupees, and in any other case with imprisonment of not less than five years extending to imprisonment for life and a fine of not less than five lakh rupees.

Why one section punishes five people

Because the organisation, not the act, is what the Act attacks. The person who committed the offence is only one of the five people who make it possible, and the section reaches each of them at the same level of seriousness.

Note that four of the five carry the same range. Sub-sections (2), (3) and (4) each carry not less than five years extending to imprisonment for life, with a minimum fine of five lakh rupees, which is the same as sub-section (1)(ii). Only sub-section (5), holding the proceeds, is lower.

Sub-section (4) is the provision that defines the Act. Membership of the syndicate is itself the offence, at the same punishment as committing organised crime. That is the change the ordinary law could not make.

The provision itself

Section 3(1), committing organised crime. Where the offence has resulted in the death of any person: death or imprisonment for life, and fine, subject to a minimum of one lakh rupees. In any other case: not less than five years, extending to imprisonment for life, and fine, subject to a minimum of five lakh rupees.

Section 3(2), the surrounding conduct. Conspiring or attempting to commit, or advocating, abetting or knowingly facilitating the commission of an organised crime, or any act preparatory to organised crime: not less than five years, extending to imprisonment for life, and a minimum fine of five lakh rupees.

Section 3(3), harbouring. Harbouring or concealing, or attempting to harbour or conceal, any member of an organised crime syndicate: the same range and minimum fine.

Section 3(4), membership. "Any person who is a member of an organised crime syndicate shall be punishable 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 a fine, subject to a minimum fine of rupees five lacs."

Section 3(5), the proceeds. Holding any property derived or obtained from the commission of an organised crime, or acquired through the syndicate's funds: not less than three years, extending to imprisonment for life, and a minimum fine of two lakh rupees.