BNS Section 111: Organised Crime
Section 111 of the Bharatiya Nyaya Sanhita, 2023 creates a comprehensive offence of organised crime. It covers specified continuing unlawful activities committed by a person or group acting in concert, either as members of an organised crime syndicate or on behalf of such a syndicate, using violence, threats, intimidation, coercion or other unlawful means to obtain material benefit.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 111 came into force on July 1, 2024.
Text and scope of Section 111 BNS
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.
The official text of the Bharatiya Nyaya Sanhita, 2023 can be verified through India Code. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
Definitions under Section 111(1)
Organised crime syndicate
An 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.
Continuing unlawful activity
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. The definition also includes economic offence.
Economic offence
Economic offence includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud, running any scheme to defraud several persons, or doing any act in any manner with a view to defraud any bank, financial institution or other institution or organisation for obtaining monetary benefits in any form.
Activities expressly mentioned in Section 111
Section 111(1) expressly refers to several forms of continuing unlawful activity. These include:
- kidnapping;
- robbery;
- vehicle theft;
- extortion;
- land grabbing;
- contract killing;
- economic offences;
- cyber-crimes;
- trafficking of persons, drugs, weapons or illicit goods or services; and
- human trafficking for prostitution or ransom.
The statutory definition does not turn on the label attached to an alleged activity alone. Section 111(1) must be read with the explanation defining an organised crime syndicate and continuing unlawful activity, including the requirements concerning cognizable offences, punishment threshold, charge-sheets within the preceding ten years and cognizance by the competent Court.
Punishment under Section 111 BNS
| Section 111(2)(a) | If organised crime results in the death of any person: death or imprisonment for life, and fine of not less than Rs. 10 lakh. |
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| Section 111(2)(b) | In any other case: imprisonment for not less than five years, which may extend to imprisonment for life, and fine of not less than Rs. 5 lakh. |
| Section 111(3) | Abetting, attempting, conspiring, knowingly facilitating, or engaging in a preparatory act: imprisonment for not less than five years, which may extend to life, and fine of not less than Rs. 5 lakh. |
| Section 111(4) | Membership of an organised crime syndicate: imprisonment for not less than five years, which may extend to life, and fine of not less than Rs. 5 lakh. |
| Section 111(5) | Intentionally harbouring or concealing a person who committed organised crime: imprisonment for not less than three years, which may extend to life, and fine of not less than Rs. 5 lakh. The subsection does not apply where the harbouring or concealment is by the spouse of the offender. |
| Section 111(6) | Possessing property derived or obtained from organised crime or its proceeds: imprisonment for not less than three years, which may extend to life, and fine of not less than Rs. 2 lakh. |
| Section 111(7) | Possessing, on behalf of a member of an organised crime syndicate, movable or immovable property which cannot be satisfactorily accounted for: imprisonment for not less than three years, which may extend to ten years, and fine of not less than Rs. 1 lakh. |
Full remaining statutory provisions of Section 111
(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.
Is Section 111 BNS bailable?
| Cognizable | Yes. The Section 111 offences listed in the BNSS First Schedule are cognizable. |
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| Bailable | No. They are non-bailable. |
| Triable by | Court of Session. |
The procedural classification is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text can be accessed through India Code.
Section 111 and petty organised crime under Section 112
Section 112 BNS separately deals with petty organised crime. Section 111 is the broader and more serious organised-crime provision and contains detailed definitions concerning an organised crime syndicate, continuing unlawful activity and economic offence, together with substantially higher punishments.
Frequently asked questions
What is organised crime under Section 111 BNS?
It is continuing unlawful activity of the kind described in Section 111(1), undertaken by a person or group acting in concert as a member of, or on behalf of, an organised crime syndicate, using violence, threats, intimidation, coercion or other unlawful means to obtain direct or indirect material benefit.
How many persons are needed for an organised crime syndicate?
The statutory explanation defines an organised crime syndicate as a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in continuing unlawful activity.
What does continuing unlawful activity mean?
It is an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken as a member of or on behalf of an organised crime syndicate, where more than one charge-sheets have been filed before a competent Court within the preceding ten years and that Court has taken cognizance. It also includes economic offence.
Is Section 111 BNS non-bailable?
Yes. The Section 111 offences listed in the BNSS First Schedule are cognizable, non-bailable and triable by the Court of Session.
This page is intended as a general legal reference. Application of Section 111 depends on the alleged acts, the statutory definitions, charge-sheet and cognizance history, evidence, date of occurrence and binding judicial decisions.