FEDERAL CRIMES

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FEDERAL CRIMES
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DEFINATION

• NEED FOR NATIONAL PERSPECTIVE
• Terrorists and insurgents have developed nexus
• with many organized crime
  syndicates
• Criminals easily escape to safe destination
  outside country
• Criminals carry operations easily from outside
  country with modern and advance technology
• They easily escape the law with money power

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• NEED FOR NATIONAL PERSPECTIVE
• WE REQUIRE
• a qualitative and tactical change in our
  strategy to deal with terrorism, insurgency and
  organized crimes in a holistic manner.
• WE WILL NEED
• a Federal Agency which will be
  responsible for federal crimes and would not
  preclude the state enforcement agencies and shall
  have concurrent jurisdiction over federal crimes.

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FEDERAL CRIMECATEGORIES

• Terrorist activities/ waging war against the
  state
• Offences under the atomic energy act, 1962
• Hijacking
• Espionage
• Crimes relating to counterfeit currency
• Arms/Explosive running
• Unlawful Activities
• Cyber crime

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PRACTICE IN OTHER COUNTRIES

• USA has FBI under Department of Justice crimes
  pertaining to five broad areas
• 1.Counter terrorism,
• 2.Drug/organized crime,
• 3.Foreign counter intelligence,
• 4.Voilent crimes,
• 5.White collar crimes
• Other countries like Canada, Germany and
  Australia also have similar Federal Law
  Enforcement Agencies.

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RECOMMENDATIONS BY VARIOUS COMMITTEES

• Parliament Standing Committee of MHA, Task Force
  on Internal Security and Padmanabahaiah Committee
  recommended the enactment of a Federal Law and a
  Central Investigating and Enforcement Agency.
• A committee headed by Union Home Secretary with
  Director CBI, Director IB and Director
  (Enforcement) as members was formed on 30.06.2000
  by the Prime Minister to
• Conceptualize the formation of Federal Agency,
• Identify Federal Crimes,
• Suggest ways and means for creation of Federal
  Agency.

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RECOMMENDATIONS BY VARIOUS COMMITTEES CONTD..

• Law Ministry opined that it is possible to create
  a new Federal Agency under Entry 8 read with
  Entry 93 of the Union List.
• CBI favoured its own strengthening to undertake.
• IB favoured creation of National Security
  Division under it.
• Group of Ministers opined that due to objections
  from states as public order and law and order is
  a state subject, they may be approached again for
  concurring.
• Conference of Chief Secys and DGPs in 2001
  recommended for its creation.
• Conference of CM in 2003 agreed but without
  consensus

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RECOMMENDATIONS BY VARIOUS COMMITTEES CONTD..

• Malimath Committee That a Federal Law to deal
  with crimes of interstate and/or
  international/transnational ramifications be
  included in List I of the Seventh Schedule to the
  Constitution of India.
• Group I constituted by Judicial Division under
  the Convenorship of JS(CS) recommended that above
  recommendations be accepted.

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SUPEREME COURT ORDER
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ROAD MAP

• OPTIONS TO BE CONSIDERED
• Whether to existence