Bharatiya Nyaya Sanhita, 2023
BNS Section 111
Organised crime
In one line
BNS Section 111 deals with organised crime; it is a new provision with no IPC equivalent.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 111(2) | Organised crime resulting in death of any person. | Death or imprisonment for life and fine of not less than 10 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(2) | In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(3) | Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(4) | Being a member of an organised crime syndicate. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(5) | Intentionally harbouring or concealing any person who committed offence of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(6) | Possessing property derived, or obtained from the commission of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(7) | Possessing property on behalf of a member of an organised crime syndicate. | Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 111
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.
(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.
Frequently asked
What is the punishment under BNS 111(2)?
Organised crime resulting in death of any person – punishable with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 111(3)?
Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 111(4)?
Being a member of an organised crime syndicate – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 111(5)?
Intentionally harbouring or concealing any person who committed offence of organised crime – 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 five lakh rupees. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 111(6)?
Possessing property derived, or obtained from the commission of organised crime – Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 111(7)?
Possessing property on behalf of a member of an organised crime syndicate – Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 111 bailable?
Non-bailable: BNS 111(2), 111(2), 111(3), 111(4), 111(5), 111(6), 111(7). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 106 — Causing death by negligence
- BNS 107 — Abetment of suicide of child or person of unsound mind
- BNS 108 — Abetment of suicide
- BNS 109 — Attempt to murder
- BNS 110 — Attempt to commit culpable homicide
- BNS 112 — Petty organised crime
- BNS 113 — Terrorist act
- BNS 114 — Hurt
- BNS 115 — Voluntarily causing hurt
- BNS 116 — Grievous hurt