Sec. 111 and 112 of BNS: Organised crime

The Bharatiya Nyaya Sanhita (BNS) represents a significant evolution in Indian criminal law, reflecting the complexities of modern-day crime. Among its many provisions, Sec. 111 and 112 of BNS stand out for their comprehensive approach to tackling organised crime. Section 111 addresses the most serious offences committed by organised crime syndicates, while Section 112 focuses on smaller, less severe crimes that are still organised. These sections highlight the BNS’s commitment to addressing all levels of criminal activity, ensuring that both major and minor offences are effectively dealt with.

Organised crimes is one of those types of crimes that have existed in our society for a long time but were not specifically addressed in our earlier criminal laws. The latest Bharatiya Nyaya Sanhita (BNS) has now recognized and covered the concept of organised crime, filling this gap in our legal framework. By explicitly defining and penalising organised crime, the BNS ensures that such criminal activities, which were previously overlooked or inadequately addressed, are now effectively dealt with under the law.

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-sheets have 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 or financial institution or any other institution or organisation for obtaining monetary benefits in any form.

Simplified Explanation:

Section 111 of the BNS (Bharatiya Nyaya Sanhita) defines and addresses the crime of organised crime in India.

What is Organised Crime?

– Organised crime refers to illegal activities carried out continuously by an individual or a group of people, often as part of an organised crime syndicate or gang. These activities include serious offences like kidnapping, robbery, cybercrimes, drug trafficking, human trafficking, and others that result in direct or indirect material or financial benefits.

– The crime must involve violence, threats, intimidation, or any other unlawful means to obtain these benefits.

Key Terms Explained:

1. Organised Crime Syndicate : This is a group of two or more individuals who commit continuous illegal activities, either individually or together, as part of a gang or syndicate.

2. Continuing Unlawful Activity : This means any activity that is illegal and punishable by at least three years of imprisonment. For it to be considered as part of organised crime, multiple charges for such activities must have been filed in court within the last ten years.

3. Economic Offence : These include crimes like fraud, forgery, counterfeiting, and activities aimed at deceiving banks or financial institutions for monetary gain.

(2) 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 fine which shall not be 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 which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

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

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

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

(7) 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, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.

Punishments Under Section 111:

1. If Organized Crime Results in Death :
– Punishment can be death or life imprisonment .
– A fine of at least ₹10 lakh is also mandatory.
2. If No Death Occurs :
– Imprisonment for at least five years, which can extend to life imprisonment.
– A fine of at least ₹5 lakh.
3. For Abetment, Attempt, or Facilitation :
– Imprisonment for at least five years , possibly extending to life.
– A fine of at least ₹5 lakh.
4. For Being a Member of an Organized Crime Syndicate :
– Imprisonment for at least five years, possibly extending to life.
– A fine of at least ₹5 lakh.
5. Harbouring or Concealing an Offender :
– Imprisonment for at least three years, possibly extending to life.
– A fine of at least ₹5 lakh.
– Exception: If the person providing shelter is the offender’s spouse, this provision does not apply.
6. Possessing Property from Organized Crime:
– Imprisonment for at least three years, possibly extending to life.
– A fine of at least ₹2 lakh.
7. Possession of Unaccounted Property :
– If a person holds property on behalf of a syndicate member and cannot explain how they obtained it, they face imprisonment for at least three years, possibly extending to ten years.
– A fine of at least ₹1 lakh .

Comparison with IPC:

This section can be compared to various sections of the Indian Penal Code (IPC), though it is more comprehensive and stringent in addressing organised crime.

For instance:

– Section 120B of the IPC deals with criminal conspiracy, which could overlap with the abetment, attempt, or facilitation of organised crime under Section 111.
– Section 302 of the IPC deals with punishment for murder, but Section 111(2)(a) of BNS adds a specific focus on murder committed as part of organised crime, with harsher penalties.
– Section 400 of the IPC addresses belonging to a gang of dacoits, which is somewhat analogous to being a member of an organised crime syndicate under Section 111(4).

The BNS’s Section 111 is more detailed and addresses a wider array of organised criminal activities, including modern crimes like cybercrimes and economic offences, reflecting the evolving nature of crime in India.

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, pick pocketing, 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.

Simplified Explanation:

Section 112 of the Bharatiya Nyaya Sanhita (BNS) defines “petty organised crime” and lays down the punishment for those who engage in such activities.

What is Petty Organised Crime?

– Petty organised crime involves less severe criminal activities carried out by individuals who are part of a group or gang. These activities include theft, snatching, cheating, unauthorised selling of tickets, illegal betting or gambling, and selling public examination question papers.

– These crimes are considered “petty” because they generally involve lower-value thefts or less severe forms of fraud compared to the serious crimes defined under organised crime in Section 111.

Key Terms Explained:
Theft : This term is broadly defined to include various types of stealing, such as:
– Trick Theft : Theft by deception or trickery.
– Theft from Vehicle : Stealing items from vehicles.
– Theft from Dwelling House or Business Premises : Stealing from homes or businesses.
– Cargo Theft : Stealing goods being transported.
– Pickpocketing : Stealing from a person’s pocket or bag without them noticing.
– Card Skimming : Stealing credit or debit card information using a device.
– Shoplifting: Stealing items from a store.
– Theft of Automated Teller Machine (ATM): Stealing or attempting to steal from ATMs.

Punishment Under Section 112:

– Imprisonment : Anyone found guilty of petty organised crime can be sentenced to imprisonment for a minimum of one year, with the possibility of extending up to seven years .

– Fine: The offender is also liable to pay a fine, though the exact amount is not specified and is left to the discretion of the court.

Comparison with IPC:

This section addresses crimes that are similar to several sections under the Indian Penal Code (IPC), but with a specific focus on the organised nature of the criminal activities, even if they are considered “petty.” Here are some comparable sections:

– Section 379 of the IPC deals with punishment for theft, which overlaps with the various forms of theft mentioned in Section 112 of the BNS. However, Section 112 emphasises the organised aspect, where the crime is committed as part of a group or gang.

– Section 420 of the IPC addresses cheating and dishonestly inducing delivery of property, which is similar to the cheating mentioned in Section 112.

– Section 294A of the IPC deals with unauthorised lotteries, which can be related to unauthorised betting or gambling under Section 112.

Unlike the IPC, which often deals with these offences individually, Section 112 of the BNS specifically targets these activities when they are part of a pattern of petty organised crime, reflecting the need to address the organised nature of even lower-level criminal activities in India.

This section acknowledges that even petty crimes, when committed in an organised manner, can have a significant impact on society and therefore require strict punishment to deter such behaviour.

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Conclusion

Sections 111 and 112 of the Bharatiya Nyaya Sanhita provide a robust framework for dealing with both serious and petty organised crimes in India. By clearly defining the types of activities that constitute organised crime and establishing strict penalties, the BNS aims to deter criminal organisations from engaging in unlawful activities. These sections also recognize the importance of addressing the organised nature of crime, even when the individual offences might be considered minor, reflecting a modern understanding of how criminal networks operate. As India continues to evolve, the BNS ensures that its legal system remains capable of addressing the challenges posed by both major and minor organised criminal activities.

Additional Important Information

1. Deterrence Through Strict Punishment : The BNS introduces stringent punishments under Sections 111 and 112, with mandatory minimum sentences and heavy fines. This approach aims to deter individuals from engaging in organised crime by making the consequences severe and unavoidable.

2. Focus on Economic Offences : Section 111’s inclusion of economic offences highlights the BNS’s recognition of the significant impact financial crimes can have on the economy and society. Crimes like fraud, counterfeiting, and hawala transactions are treated with the same seriousness as violent crimes, reflecting the growing concern over financial crime in India.

3. Addressing Modern Criminal Activities : Both sections incorporate modern criminal activities such as cybercrimes, card skimming, and ATM theft, acknowledging the changing landscape of crime in the digital age. This ensures that the BNS remains relevant and effective in combating contemporary criminal challenges.

4. Protection of Society at All Levels : By addressing both severe and petty organised crimes, the BNS provides a holistic approach to criminal justice. While Section 111 targets the most dangerous elements of organised crime, Section 112 ensures that even lower-level criminal activities do not go unchecked, protecting society from the cumulative harm these petty crimes can cause.

5. Comparison with IPC : The approach taken by the BNS in Sections 111 and 112 can be contrasted with similar provisions in the Indian Penal Code (IPC). While the IPC addresses these offences individually, the BNS emphasises the organised nature of these activities, offering a more modern and comprehensive legal framework. This comparison can be valuable for understanding the advancements made by the BNS in addressing organised crime.