Code
(1) Any continuing unlawful activity including kidnapping, robbery,
vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of
persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any
person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime
syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or
by any other unlawful means to obtain direct or indirect material benefit including a financial benefit,
shall constitute organised crime.Explanation.—For the purposes of this sub-section,—(i)”organised crime syndicate” means a group of two or more persons who, acting either singly
or jointly, as a syndicate or gang indulge in any continuing unlawful activity;(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable
offence punishable with imprisonment of three years or more, undertaken by any person, either singly
or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of
which more than one charge-sheets have been filed before a competent Court within the preceding
period of ten years and that Court has taken cognizance of such offence, and includes economic
offence;(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any
scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or
financial institution or any other institution or organisation for obtaining monetary benefits in any
form.(2) Whoever commits organised crime shall,—(a) if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;(b) in any other case, 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 which shall not
be less than five lakh rupees.(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised
crime, or otherwise engages in any act preparatory to an organised crime, shall 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 which shall not be less than five lakh rupees.(4) Any person who is a member of an organised crime syndicate shall 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 which shall not be less than five lakh rupees.(5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an
organised crime shall be punished with imprisonment for a term which shall not be less than three years
but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than
five lakh rupees:Provided that this sub-section shall not apply to any case in which the harbour or concealment is by
the spouse of the offender.(6) Whoever possesses any property derived or obtained from the commission of an organised crime
or proceeds of any organised crime or which has been acquired through the organised crime, shall be
punishable with imprisonment for a term which shall not be less than three years but which may extend to
imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in
possession of movable or immovable property which he cannot satisfactorily account for, shall be
punishable with imprisonment for a term which shall not be less than three years but which may extend to
imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.
