Prosecuting Organized Crime: A Comparative Analysis Of Laws In India And The UK
- IJLLR Journal
- Jun 7
- 1 min read
Sanskar Aggarwal, Advocate (LLM in criminal law from University of Edinburgh, U.K.)
ABSTRACT
This paper undertakes a comparative doctrinal analysis of the procedural legal frameworks governing the prosecution of organized crime in India and the United Kingdom—two common law jurisdictions grappling with difficulties of a highly adaptive and transnational criminal phenomenon. Through an examination of statutory provisions, case law, and the special powers granted to law enforcement authorities, the study reveals divergent institutional approaches: India's reliance on fragmented, special legislation with limited scope versus the UK's integration of specialized provisions within generally applicable legal structures. Despite differences in socio-political contexts, both systems exhibit a reactive, crisis-driven evolution in combating organized crime. The paper critiques this trajectory for undermining due process, fostering over-criminalization, and compromising foundational principles such as the presumption of innocence. It further argues for the need for context-sensitive legal responses, enhanced procedural protections for peripheral offenders, and stronger safety provisions against jury and witness intimidation. The paper concludes that existing legal mechanisms, while partially effective, remain inadequate for preventing organized crime, and advocates for proactive, coherent, and rights-respecting legal reform.
