Code
(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.
Explanation of Section 111 BNS
2.1 What is Organised Crime?
Organised crime refers to planned, structured illegal activities committed by a group or syndicate for financial gain using unlawful means.
2.2 Who is Covered Under This Section?
- Members of criminal syndicates.
- Individuals committing serious offences such as extortion, human trafficking, and cyber fraud.
- Those abetting, financing, or facilitating such activities.
- Persons possessing illegal assets acquired through organised crime.
2.3 Legal Terminology in Section 111 BNS
- “Organised Crime Syndicate”: A group of two or more individuals involved in criminal activities.
- “Continuing Unlawful Activity”: A crime punishable by at least 3 years, with multiple charge sheets filed within the last 10 years.
- “Economic Offense”: Fraud, counterfeiting, financial scams, or hawala transactions.
Illustration of Organised Crime Under Section 111 BNS
Example 1: Gang Extortion
A criminal gang forces local shopkeepers to pay money every month in exchange for “protection.” This amounts to organised crime under extortion.
Example 2: Drug Trafficking Syndicate
A network smuggling illegal drugs across state borders falls under organised crime, as it involves unlawful activities for profit.
Example 3: Cyber Crime Fraud
A group of hackers run a fraudulent online investment scheme, tricking people into investing money and disappearing. This is an economic offence under organised crime.
Common Questions on Section 111 BNS
Q1: What is the minimum punishment under Section 111 BNS?
A: The minimum punishment is 3 years imprisonment + a fine of ₹1 lakh.
Q2: Is merely being a member of an organised crime syndicate punishable?
A: Yes. Membership alone carries a punishment of 5 years to life imprisonment + a fine of ₹5 lakh.
Q3: What if someone abets or supports an organised crime?
A: Abetment, conspiracy, or facilitation is punishable with 5 years to life imprisonment + a fine of ₹5 lakh.
Q4: Does this law apply to cyber crimes?
A: Yes, Section 111 BNS includes cyber fraud, hacking, and financial scams under organised crime.
Q5: Can a spouse be punished for harboring a criminal under this section?
A: No. There is a specific exemption for spouses under Section 111(5).
Conclusion
Section 111 of the Bharatiya Nyaya Sanhita (BNS) provides strict legal provisions to tackle organised crime in India. It ensures severe punishment for criminals, prevents economic fraud, and strengthens law enforcement actions against mafia-style operations.
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