NEW DELHI: Will the murder of 25-year-old Simran Kaur during a snatching bid in Adarsh Nagar be a wake-up call as far as bringing in a law to deal with a crime that has had the city on the tenterhooks for years is concerned? As bizarre as it may sound, there are no specific sections under the Indian Penal Code to book snatchers in Delhi and several other states. Till date, snatchings are registered through jugaad by combining two sections of IPC pertaining to theft and use of criminal force, a provision enacted by the police years ago.
Five years ago, Haryana government brought in amendments to the law to have specific sections to deal with the crime and made it a non-bailable offence. TOI has been raising the issue since 2015.
Around 25 cases of snatching are officially recorded every day in the capital, but Delhi does not have a law to deal with this crime. Haryana has, however, brought two additions to Section 379 (theft) — 379 A and 379 B — making snatching a non-bailable crime. The Haryana government had also proposed a reward for information on snatchers.
Delhi Police, too, has been contemplating a similar addition to the law, but things have not gone beyond the conception phase despite many policemen, including top officers, admitting that things could get better if the law was amended.
In the capital, snatchers are currently booked under Sections 379 (theft) and 356 (assault or criminal force during theft). Maximum punishment under the first section is three years. Under the second, it’s two.
Chain snatchings are provisionally registered under Section 392 (robbery), which provides for 10 years of rigorous imprisonment and a fine. But police concede that most cases registered under this section have fallen flat in court on legal grounds.
In Haryana, Section 379A has made snatching punishable with rigorous imprisonment for a term not less than five years, which may extend to 10 years and a fine of Rs 25,000. Section 379B provides for a rigorous imprisonment not less than 10 years, extendable to 14 years and fine of Rs 25,000.
“Snatching cases also have a poor conviction rate as most victims do not pursue the case, and often suspects are not identified through the test identification parade,” said an investigator. “Often, snatchers have helmets on, while the motorcycles and phone used in the crime turn out to be stolen, making identification of the robbers difficult.”
Another roadblock is the practice of snatchers melting the gold chains they rob, leaving no case property to prove the police case. “The accused usually are freed within a few months in most cases,” said the investigator.
To add to the woes, cops have realised that they can no longer expect known groups or individuals to have committed the crime. Till some years ago, small-time liquor smugglers were often involved in snatchings.
“When crimes under the Excise Act became non-bailable, many smugglers from the Saansi community shifted to snatching,” pointed out a police officer. “Now, many of those involved include college and even school students. A majority don’t have any record and are considered first-timers,” an official explained. Both cops and legal experts TOI spoke to asserted that replicating Haryana’s amendments could help curb street crime in the capital.