Parliament passes anti-gang bill with stricter penalties, expanded police powers
Once signed into law by the President, the Act will come into force within three months.
Parliament on Thursday passed the Prevention of Gang Crimes and Other Dangerous Crimes Bill, introducing penalties including life imprisonment and fines of up to MVR 10 million for serious crimes related to murder and gang activity.
The bill, submitted by the government through a People’s National Congress (PNC) MP in December last year, was approved with 55 votes in favour and 11 votes against, all from the Maldivian Democratic Party (MDP).
Following nearly six months of committee review, the revised bill was tabled during the last sitting before a scheduled two-week recess.
The legislation outlines new punishments for gang-related offences:
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If a person dies as a result of a gang-related act, the penalty is 25 years in prison and a fine between MVR 3 million and MVR 10 million.
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If no death occurs, the penalty is 20 years in prison and a fine between MVR 200,000 and MVR 7 million.
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Kidnapping offences carry a 15-year prison term and fines between MVR 1 million and MVR 3 million.
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Threatening or intimidating individuals carries a 10-year sentence and fines between MVR 500,000 and MVR 750,000.
The bill defines an organised criminal group as a group of three or more persons acting together to commit one or more serious criminal offences or to obtain material benefit through illegal means. Forming or operating such a group will now be classified as a criminal offence punishable by 25 years in prison and a fine ranging from MVR 3 million to MVR 10 million.
The bill also holds accountable those who allow their property to be used for such activities. Owners, tenants, or residents who permit or facilitate the use of their premises for organised criminal activity will face up to five years in jail and fines between MVR 300,000 and MVR 1 million.
Additionally, the bill grants law enforcement increased powers in certain cases, including the authority to:
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Detain a suspect for 48 hours without access to legal counsel.
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Deny bail for suspects accused of serious crimes.
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Arrest individuals without a court order if there is reasonable suspicion of involvement in a serious crime.
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Enter private premises without a warrant to arrest or search individuals and remain on-site for a reasonable period.
Key changes made during the committee stage include revisions to the clause prohibiting the display of gang insignia. The original bill imposed a 12-year sentence and fines between MVR 75,000 and MVR 1 million for such an act. The revised version reduces the penalty to three years’ imprisonment and fines between MVR 200,000 and MVR 500,000, but only if the display is done “knowingly.”
Minimum fines for several offences were also raised. Previously set at MVR 15,000, they are now increased to MVR 200,000.
The bill further addresses unjust enrichment associated with gang involvement. It penalises individuals found to have acquired wealth disproportionate to their lawful income or who are unable to prove legal acquisition of assets. The fine ranges from MVR 500,000 to MVR 1 million.
Once signed into law by the President, the Act will come into force within three months. It will repeal the existing Intimidation, Possession of Dangerous Weapons and Sharp Objects Act, and the Gang Crimes Prevention Act.
