Yet another form of organised crime operating not only within the country but in every corner of the world is terrorism which has become increasingly transactional in nature. The forms of terrorism are manifold ranging from peasant revolt to resistance against the government in power for self-determination or internal autonomy.
The commonly accepted definition of terrorism is— “it is a form of exercising power by systematically provoking alarm, fright or horror.” It includes four main characteristics, namely,—
(1) It is exercised by organised groups;
(2) It is inspired by political motive;
(3) There is systematic and indiscriminate use of violence and breach of law; and
(4) Use of violence is intended to arouse fright or alarm.
Terrorism may be defined as an activity of a person or a group using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the constitution established by law.
It has been universally accepted that “terrorism is the principal challenge today to plural and democratic societies. It not only destroys human life and property but also endangers democratic values, social harmony and economic well-being.” A nation’s strategy should not be restricted only to deal with the perpetrators of terrorism but it should also seek to modify the behaviour of the States where terrorists find safe haven, sanctuary and material subsistence.”
In order to achieve their aims terrorists commit offences such as homicide, hijacking, hostage taking, robbery, extortion and their victims are usually leading politicians, VIPs, high military personnel etc. The terrorists often argue that they are fighting for a noble cause of combating an unfair system or regime which is operating on principles of injustice and intend to re-establish a legal order.
Whatever be the motive behind these organised law-violators in the form of terrorists, the fact remains that their activities result in mass destruction of men and material and they pose a positive danger to the community or nation as a whole. When terrorism operates internationally, it poses a threat to international peace and security.
At the international level, hijacking, piracy illegal transaction of firearms, explosives, contraband goods, money laundering etc. are some criminal activities which are carried on in the form of organised crime. War crimes against any civil population before or during war are also covered under the category of international organised crime.
The existence of terrorism and other international crimes warrants setting up of an International Criminal Court which should have jurisdiction over all such crimes. The establishment of the U.N. International Criminal Tribunal in Hague on 28th June, 2001 is a welcome step in this direction.
It must be stated that modernised tele-communication services and information technology have proved a boon for criminal conspiracies and just as legitimate organisations in the private and public sectors rely upon information systems for communication and record keeping, so too are activities of criminal organisations enhanced by technology. There is evidence of telecommunication and on-line internet equipments being used to facilitate organised drug-trafficking, gambling, prostitution, money laundering, child pornography and illegal arms deal.
The use of encryption technology may place criminal communications beyond the reach of law enforcement agencies. The use of computer networks to produce and distribute pornographic material has become a serious subject of attention as these materials can be imported across national borders in the shortest possible time.
Again, digital technology permits reproduction and easy dissemination of print, graphics, sound and multi-media combinations. The temptation to reproduce copyrighted material for personal use, for sale at a lower price, or for free distribution, has caused considerable concern to owners of copyrighted material. Organised criminal gangs are involved in such crimes at national and international level.
It may be concluded that with the widespread use of electronic communication and rise of internet to handle things such as e-trading, shopping, banking etc. the security and reliability of these networks needs to be assured for the well being of trade, commerce and industry.
The emerging trend of cyber crimes which are committed in an organised manner necessitates adequate legal measures to be initiated to ensure that perpetrators of such crime are held accountable for their illegal activities. The International Chamber of Commerce has established an Anti-Cyber Crime Unit which will work in cooperation with INTERPOL (International Police Organisation) to combat organised cyber crimes.
In the wake of these new developments in modem science and technology, there has been unprecedented increase in opportunities and resources for organised crimes all over the world. The age-old methods of crime detection and investigation have therefore, been rendered inadequate to meet the new challenges.
Computerisation of the working of police and use of computerised forensic methods for crime investigation along with video-conferencing technology for administrative and judicial work, electronic filing of documents and access through website etc. are some of the measures which would enhance the efficiency of police to exercise effective control on organised crimes.
Although a beginning has already been made in this direction, but further steps must be taken to convert all the existing police stations into electronically flexible stations having internet link and integration of audio, video and data communications and information facilities.
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