Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 112: Petty organised crime.
(1) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any other similar criminal act, is said to commit petty organised crime.
Explanation: For the purposes of this sub-section, theft includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pickpocketing, theft through card skimming, shoplifting, and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Brief Detail
BNS Section 112: Petty Organised Crime describes offences committed by individuals as part of a group or gang. These crimes include theft, snatching, cheating, and unauthorised activities such as ticket selling and gambling. The section outlines the punishment, with a minimum imprisonment of one year, which may extend to seven years, along with a fine. The section also provides an explanation for what constitutes theft, including various forms such as shoplifting and card skimming.
Question & Answers
Q1: What is defined as petty organised crime under BNS Section 112?
A1: Petty organised crime under BNS Section 112 refers to acts such as theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any similar criminal acts when committed by a group or gang.
Q2: What types of theft are included in petty organised crime?
A2: The types of theft included in petty organised crime are trick theft, theft from vehicles, theft from dwelling houses or business premises, cargo theft, pickpocketing, card skimming, shoplifting, and theft of Automated Teller Machines (ATMs).
Q3: What is the punishment for committing petty organised crime under BNS Section 112?
A3: The punishment for committing petty organised crime is imprisonment for a term of not less than one year and up to seven years. The offender is also liable to a fine.
Q4: Does BNS Section 112 include gambling as part of petty organised crime?
A4: Yes, unauthorised betting or gambling is included as part of petty organised crime under BNS Section 112.
Q5: Is a single person committing theft considered as engaging in petty organised crime?
A5: Yes, if the person is part of a group or gang, even if acting alone, it can still be considered petty organised crime under BNS Section 112.
Example
A group of individuals forms a gang to steal valuables from vehicles in a public parking lot. They work together to commit these thefts systematically. Under BNS Section 112, this is classified as petty organised crime. If caught, each member of the gang could face a minimum of one year in prison, with the possibility of the sentence extending up to seven years, along with a fine.
Summary
BNS Section 112: Petty Organised Crime addresses offences committed by members of a group or gang, covering theft, cheating, and other unauthorised activities. The punishment includes imprisonment for a term ranging from one to seven years and may include a fine. Theft, in this context, encompasses various forms like shoplifting, cargo theft, and card skimming.
