Site icon LegalOnus

The Role of Criminal Law in Combating  Terrorist Financing In India

DALL·E 2024-10-16 16.07.05 - An illustration depicting the role of criminal law in combating terrorist financing in India. On one side, show a courtroom with scales of justice and
Spread the love

This article has been written by Victoriya Samuvel Thanaraj, a 5th semester law student at Tamil nadu Dr.Ambethkar Law University, Chennai, Tamil Nadu. College: Government Law College, Vellore.


Abstract:

Terrorist backing poses a significant  trouble to global security,  challenging effective counter measures. This composition examines the  part of felonious laws in combating terrorist backing,  pressing their strengths and limitations. A critical analysis of  transnational and  public legal  fabrics reveals the  significance of criminalising terrorist backing,  indurating  means, and  executing  malefactors. Case studies illustrate the successes and challenges of  enforcing these laws. The  exploration identifies gaps in legislation and recommends advancements to ameliorate effectiveness. This study contributes to the ongoing debate on balancing security with individual rights, informing policymakers and scholars on the vital  part of felonious laws in  precluding terrorist backing.

Keywords: Terrorist financing, Criminal laws, Counter-terrorism, Financial regulation, Security,  Anti-money laundering (AML), Combating the financing of terrorism (CFT), Financial crime,National security, International cooperation, Financial Intelligence, Law Empowerment, Asset forfeiture.

Introduction:

The theme of terrorism, which is said to be a double-edged sword, is to take away the lives of innocent people by carrying out many illegal activities such as bomb blasts, kidnappings, human bombs with the aim of disturbing the peace and sovereignty of a country. Accomplishing this theme will require a huge amount of funds. They have developed many ways to meet our financial needs like extortion, human trafficking, money laundering, fraudulent insurance companies, fraudulent money based businesses.  This is called Terrorist Financing.

          Realising that many lives will be lost if these routes are not blocked, the Indian government has enacted several criminal laws. These laws also create a number of mechanisms to prevent the financing of terrorist organisations or terrorist activities. This section is intended to clearly explain the immense role of Indian criminal laws in curbing the financing of terrorism.

Legislative Measures for Combating Terrorist Financing:

A wide range of laws have been enacted to curb terrorist financing that have far-reaching consequences. Following the same laws, many organisations have been created to prevent or control terrorist financing and have saved many lives. Thus some of the laws that act as a bulwark to protect Indian biodiversity,

  1. Unlawful Activities Prevention Act 1967
  2. The Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Prevention Act 1988
  3. Money Laundering Prevention Act 2002
  4. National Investigation Agency Act 2008

The Prevention of Unlawful Activities Act 1967

From 1950 – 1960 many illegal activities such as Meso Insurgency, Naga Insurgency, Punjab-Sikh separatist activities took place which disturbed the peace of India. The Prevention of Unlawful Activities Act was enacted by the Government of India on 30 December 1967 with a focus on the lofty objectives of eradicating such terrorist activities, curbing terrorist financing and money laundering, suppressing separatist movements and ensuring national security.

Following are the main sections of the Act on terrorist financing.

Section 17: Terrorist financing activities means providing or collecting funds with a view to supporting terrorist activities. It includes engaging in arrangements that facilitate the execution of terrorist activities.

Section 18: Money laundering is concealing terrorist financing activities hiding or converting terrorist money. This includes knowingly possessing terrorist money.

Section 19: Suspected terrorist assets will be confiscated or frozen.

Section 43: Terrorist finance cases can be dealt with through special courts.

Section 44: The National Intelligence Agency has been empowered to investigate, search and make arrests in matters related to terrorist financing.

The Prevention of Unlawful Activities Act 1967 has undergone 4 amendments to strengthen its framework. They are,

Amendment (2004):

 Amendment (2008):

Amendment (2012):

Amendment (2019):

The Illicit Traffic in Narcotic Drugs and Psychotropic Substances Prevention Act 1988

During the 1960s – 1970s, illegal drug trafficking and illegal use was very high not only in India but globally. Global attention has been paid to prevent this. And in the 1970s and 1980s, the United Nations  implemented the Illicit Narcotics Control Convention along with the rest of the world to implement this focus. During the colonial period in India, laws on illicit drug trade and related terrorist financing did not have much impact. Hence the financing of terrorism through illegal narcotics trade has been done very well.  This Act (Prevention of Illicit Trafficking of Narcotics Drugs and Psychotropic Substances Act) was enacted on 28 September 1988 by the Government of India after India’s independence, realising its importance.

Here are the key sections of this Act to prevent illegal drug trade and thereby raising terrorist funds, which threaten the country’s future achievers, the youth and the peace of the country.

Section 17: Prohibition of financing or providing financing for illegal drug trade.

It also includes the financing of terrorism through narcotics.

Punishment for this: 10-20 years imprisonment and 1-2 lakh fine.

Section 18: Prohibits concealment or conversion and possession of money for illicit drug transactions.

It also includes money laundering related to terrorist activities.

Punishment for this is 10-20 years imprisonment and a fine of 1-2 lakhs.

Section 21: Supporting terrorism by illicit trafficking of drugs is called as

Narco terrorism. It also includes terrorist financing through Illicit trafficking.

Punishment for this: Imprisonment (extendable to life) and fine of 1-2 lakhs.

Two amendments were brought by the Government of India to further enhance the strength of this Act to prevent drug-related terrorism. Those amendments,

Amendment (2001):

Amendment (2014):

Amendment (2019):

Money Laundering Prevention Act 2002

          Both money laundering and terrorist financing have been the talk of the town for the last 10 years. In 2000, the United Nations held a convention on Transnational organised crime.  This Act was brought in on 17th January 2002 to give effect to the concept stated in the Convention in India. Its main objectives are to eliminate money laundering and terrorist financing, to implement a global approach, and to prevent financial crimes.

Some of the main sections preventing terrorist financing are:

The Government of India has made the following four amendments to strengthen the Act while acting as a bulwark against money laundering and terrorist financing.

Amendment (2005):

Amendment (2009):

Amendment (2012):

Amendment (2015):

Amendment (2018):

National Investigation Agency Act 2008

Terrorist financing is a global threat that poses a major obstacle to global security, stability and economic growth. India’s porous borders, vast informal economy and diverse financial systems make it vulnerable to terrorist financing. Due to the lack of separate agencies, India was facing many problems in investigating and prosecuting terrorist financing cases and to solve these problems, the National Investigation Agency Act was introduced in 2008. Its main objectives are to investigate terrorist financing cases, to intercept and destroy terrorist financing organisations, to enhance international cooperation to disrupt terrorist financing, and to protect the Indian financial system from misuse by terrorists. The National Agency created by this Act acts as an autonomous body to investigate terrorism cases. It also has international powers to investigate terrorist financing cases. The Act provides for the trial of terrorist financing cases through special courts.

Thus the key sections of the Act create a separate body to monitor terrorist financing and terrorist activities.

As the National Agency based on such units functions as an autonomous body, quick decisions are taken and due to its smooth functioning, many terrorist financing channels have been eradicated.  Millions of assets are frozen and the National Intelligence Agency is working with a number of international agencies with the aim of preventing global terrorist financing.

The Act, which created the National Intelligence Agency, has faced four amendments . We will make the most important amendments which gives more powers to the NIA regarding terrorist financing.

 Amendment (2019):

Amendment (2021):

Combating Role of Criminal Laws:

The Indian government has effectively curbed the spread of terrorist financing in India by enacting such sweeping laws. These laws are considered as a pioneering step against global extremism not only in India but also in the world arena.The impact of such laws on terrorist financing and terrorist activities can be seen.

Conclusion:

The  part of felonious law in combating terrorist backing in India is vital. This study has demonstrated that effective felonious laws and regulations can significantly disrupt and discourage terrorist backing conditioning.   India’s  sweats to strengthen its legal  frame have yielded positive results, but challenges persist. Complex terrorist backing networks,  shy  transnational cooperation, and evolving  fiscal technologies bear  nonstop advancements.   To enhance the effectiveness of felonious laws, this study recommends

  1. Enhancing transnational cooperation and information sharing.
  2. Strengthening fiscal regulation and oversight.
  3. Perfecting investigative and prosecutorial capacities.
  4. Enforcing effective asset penalty and confiscation mechanisms.

Eventually, India’s success in combating terrorist backing depends on amulti-faceted approach, combining effective legislation, robust enforcement, and sustained  transnational cooperation.

Bibliography:

https://fiuindia.gov.in

https://indiacode.in

https://www.mha.gov.in


Spread the love
Exit mobile version