Description
Organised crime being manifested in diverse form and dimension has assumed a very serious and disturbing proportion in today’s society all over the globe. Accelerating trend of globalization, urbanization and industrialization has become instrumental in making Organised Crime transnational phenomenon having a worldwide network in the perpetration of crime. In order to meet the huge operational cost for committing crime, organized crime offenders get involved in Crime like trafficking of drugs and human beings, counterfeiting of currency notes, scams and other economic crimes of various dimensions. Their involvement in the transfer of money through illegitimate channels generates huge black money which ultimately lead to emergence of parallel economy in the country sometimes destabilizing the national economy.
The perpetrators of this crime are very rich, sophisticated and well qualified. They are highly resourceful and manipulative too. They are adopting complicated modus operandi (method of committing crime) and using highly advanced means of communication. As a result, Criminal Justice Functionaries are finding it difficult to conduct investigation and prosecution of organized crime cases. In this background, the book has been written to the familiarize Readers about various issues involved in handling organized crime cases, as well as its origin, meaning and definition.
This book is spread over seven chapters. The 1st chapter on “Introduction” is basically devoted to introduction of the subject and methodology followed for writing the book. 2nd chapter give a vivid discussion on history, definition and theoretical framework of the organized crime at national and international level. Content of the 3rd chapter devoted to “Forms, Magnitude, Trend, Etiology & Ramifications” explains forms and magnitude of organised crime in United Kingdom, USA and India. Changing trend of organised crime are analysed in this chapter with special reference to Mumbai and Delhi. It is well known that organised crime have been increasing due to various reasons, forces operative behind perpetration of organised crime including sociopsychological, legal, administrative, economic & political factors are discussed In details, followed by ramifications of organised crime on individual, society and the State.
4th Chapter entitled to “Challenges faced by Investigating Officers in Investigation of Organized Crime Cases”, focuses on identification of challenges faced by Investigating Officers while conducting Investigation under MCOCA. In this chapter views of Investigating Officers in Mumbai and Delhi are analysed. This chapter focuses on the special provisions of investigation prescribed under MCOCA and problems faced by Investigating Officers in implementing provisions. How far these provisions are helpful to them have been analysed in detail.
5th Chapter entitled “Challenges Faced by Special Judges and Prosecutors in Prosecution and Sentencing of Organized Crime Cases”, is devoted to issues relating to prosecution and sentencing of organised crime cases after delineating procedure of trial and sentencing under Cr. PC and MCOCA, views of Special Public Prosecutors and Special Judges trying MCOCA cases in the city of Mumbai and Delhi are analysed. Aim of analyzing the views is to identify problems and constraints faced by them in prosecution and sentencing of organised crime cases.
Chapter 6th “Analysis and Relevance of India Legislations and United Nations Instruments for the Prevention and Control of Organised Crime” contains analysis of international legal instruments including the United Nation Convention against Transnational organised crime. The Model Treaty on Extradition and The Model Treaty on Mutual Assistance in Criminal Matters in terms of international regional cooperation, mutual legal assistance, extradition of offenders, sharing of data base etc. Analysis of MCOCA and the Extradition Act, 1962 in India are also forming the part of the chapter.
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