Govt issues guidelines to curb misuse of organised crime BNS section
LUCKNOW, July 27 -- The Uttar Pradesh government has issued strict guidelines for implementation of Section 111 of the Bharatiya Nyaya Sanhita (BNS), which deals with organised crime, to curb its misuse.The guidelines aim to prevent its misuse against political opponents, ideological dissent or social activists as well as to ensure that it is used only in cases of genuine organised crime with caution and judicial discretion.
The home department issued a detailed guideline in this regard on July 19 and marked it to the UP director general of police (DGP), the director general (DG), prosecution, the additional DG, law and order, the ADG, crime, and to all seven police commissioners, district magistrates and all district police chiefs across the state for its strict compliance. The HT has a copy of the guideline issued.
DGP Rajeev Krishna confirmed that detailed guidelines have been received and its strict compliance will be ensured. He said the officials concerned have been asked to issue a clear and speaking order with detailed mention of organised crime, activity, structure, method of profit-making and evidence.
Sharing further details, another senior police official said the key points of the guidelines included that no FIR can be registered under BNS section 111 without the approval of a deputy superintendent of police or a higher-level officer. He said a special investigation team (SIT) will be formed to investigate complaints related to organised crime and all cases registered under Section 111 will be reviewed monthly and a prosecution review will be conducted.
The cop further said the home department also emphasised special training to be provided to police and prosecution officials to ensure they are aware of the provisions of this section, its legal interpretation, limitations, and procedures.
He said the emphasis is to develop a clear understanding of the definition of organised crime under BNS Section 111 and impose it only in cases of genuine organised crime, with severe punishment (death penalty or life imprisonment).The police official said the guidelines also emphasised the importance of adhering to the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021.The government will monitor the implementation of these guidelines and ensure that human rights and legal processes are respected.
The BNS Section 111 defines organised crime as any continuing unlawful activity, including kidnapping, robbery, vehicle theft, extortion, contract killing, economic offences, cybercrimes, trafficking of persons, drugs, weapons, or illicit goods/services, or human trafficking.
This activity must be conducted by a person or a group acting in concert, using violence, threats, intimidation, or other unlawful means to obtain material benefits.The punishment under this section include imprisonment for a term not less than five years, extendable to life imprisonment and a fine of not less than Rs 5 lakh for members of the organised crime syndicate....
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