What Is BNS Section 111?

Bharatiya Nyaya Sanhita, 2023 - Section 111: Organised crime.

(1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.

Explanation:

For the purposes of this sub-section:

• (i) Organised crime syndicate means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity.
• (ii) Continuing unlawful activity means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet has been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence.
• (iii) Economic offence includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud, or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank, financial institution, or any other institution or organisation for obtaining monetary benefits in any form.

(2) Punishments for Committing Organised Crime

Whoever commits organised crime shall:

• (a) If such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to a fine not less than ten lakh rupees.
• (b) In any other case, be punished with imprisonment for a term which shall not be less than five years but may extend to life imprisonment, and shall also be liable to a fine not less than five lakh rupees.

(3) Abetment, Conspiracy, and Facilitation of Organised Crime

Whoever abets, attempts, conspires, or knowingly facilitates the commission of organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term not less than five years but may extend to life imprisonment, and shall also be liable to a fine not less than five lakh rupees.

(4) Membership in an Organised Crime Syndicate

Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term not less than five years but may extend to life imprisonment, and shall also be liable to a fine not less than five lakh rupees.

(5) Harbouring or Concealing Offenders

Whoever, intentionally, harbours or conceals any person who has committed the offence of organised crime shall be punished with imprisonment for a term not less than three years but may extend to life imprisonment, and shall also be liable to a fine not less than five lakh rupees:

Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

(6) Possession of Property from Organised Crime

Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term not less than three years but may extend to life imprisonment and shall also be liable to a fine not less than two lakh rupees.

(7) Unaccountable Possession of Property

If any person on behalf of a member of an organised crime syndicate is, or at any time has been, in possession of movable or immovable property which he cannot satisfactorily account for, he shall be punishable with imprisonment for a term not less than three years but may extend to ten years, and shall also be liable to a fine not less than one lakh rupees.

Brief Detail

BNS Section 111 defines organised crime as any continuing unlawful activity that involves criminal acts like kidnapping, robbery, cybercrimes, trafficking, contract killing, etc., carried out by individuals or groups with the intent to gain material benefit through illegal means. This section also provides strict penalties including life imprisonment and heavy fines for those involved in such crimes, as well as those who facilitate, abet, or harbour criminals. The section further details organised crime syndicates, unlawful activities, economic offences, and the legal consequences of possessing property derived from such crimes.

Question & Answers

Q1: What is defined as organised crime under BNS Section 111?

A1: Organised crime under BNS Section 111 is defined as any continuing unlawful activity, such as kidnapping, robbery, extortion, human trafficking, or economic offences, carried out by an individual or group, often using violence, intimidation, or coercion, to obtain direct or indirect material benefit.

Q2: Who is considered part of an organised crime syndicate?

A2: An organised crime syndicate consists of two or more persons acting either singly or jointly, indulging in continuing unlawful activities.

Q3: What constitutes a continuing unlawful activity?

A3: A continuing unlawful activity refers to any prohibited action that is a cognizable offence punishable by three or more years of imprisonment, for which more than one charge-sheet has been filed in the past ten years, and the court has taken cognizance of the offences.

Q4: What is the punishment if organised crime results in death?

A4: If organised crime results in the death of any person, the punishment is death or life imprisonment, along with a fine not less than ten lakh rupees.

Q5: What are the penalties for those who abet or conspire to commit organised crime?

A5: Those who abet, conspire, or knowingly facilitate organised crime can face imprisonment ranging from five years to life imprisonment and a fine not less than five lakh rupees.

Q6: How is harbouring a criminal involved in organised crime punished?

A6: Anyone who intentionally harbours or conceals a person involved in organised crime can be punished with imprisonment for three years to life and a fine of at least five lakh rupees, except if the concealment is done by the spouse of the offender.

Q7: What happens if someone possesses property obtained from organised crime?

A7: Possession of property derived from organised crime can lead to imprisonment for three years to life and a fine of at least two lakh rupees.

Example

• If a person is caught trafficking illegal weapons as part of an organised crime syndicate, they could face life imprisonment and a fine of no less than five lakh rupees.
• A group that has been found guilty of economic fraud through a hawala transaction may be sentenced to a minimum of five years of imprisonment, which could extend to life, along with heavy financial penalties.

Summary

BNS Section 111 addresses the legal framework surrounding organised crime. It criminalises a range of unlawful activities such as kidnapping, trafficking, and economic offences, carried out by individuals or groups. Strict penalties including life imprisonment and fines are imposed for committing, abetting, or facilitating organised crime. The section also punishes harbouring criminals and possessing illicitly acquired property.