Parliament passes Gang Bill, Enhances Police Powers

Parliament has passed a bill aimed at strengthening legal mechanisms to combat gang-related and other serious crimes, expanding police powers to act without a court order.

The bill, introduced by the government, was approved with 55 votes in favour and 11 against.

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The legislation introduces several new provisions to identify and take action against criminal groups. It mandates that the existence of a criminal group or an individual’s membership in such a group must be established through standard investigative procedures and evidence, rather than solely through prosecution.

Under the existing Gang Crimes Prevention Act, courts may identify individuals as gang leaders or members only upon state prosecution. However, no such declarations or convictions have occurred to date, largely due to legal challenges in proving that certain groups consistently engage in gang-related activities.

The new bill prohibits individuals from maintaining specific types of associations with gang members once their status is legally determined. It also places restrictions on registering clubs or associations linked to gangs or gang-affiliated individuals. To improve public awareness and international cooperation, authorities will be required to publish identifying information, including photographs, of those designated as gang members. 

The legislation further stipulates that the list of gang members be reviewed and updated every six months. Initially, the draft version of the bill included a provision empowering a committee comprising the home minister, police, and army to designate gangs and their members. This clause was removed before the bill was presented to Parliament.

To prevent misuse of gang-related identities, the bill prohibits any legal entity from being registered under the name or partial name of a declared gang. The police commissioner is required to share updated gang lists with relevant state authorities every two months to support this enforcement.

The legislation also bars individuals identified as gang members from holding public office or employment within the state. They are also disqualified from contesting for any elected positions.

According to the bill, characteristics of gang affiliation include activities such as drawing graffiti or displaying signs indicating territorial control, spending excessive time in a specific area, openly admitting gang membership, possessing tattoos or marks linked to gangs, and receiving material benefits from gang leaders or members.

The government has described the bill as a necessary step to address the growing threat of organised crime and to ensure public safety through coordinated national and international action.