BNS Section 111 – Organised crime
IPC Section – New Provision
Organised crime
(1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom by the effort of groups of individuals 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, corruption or related activities or 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) ‘‘benefit’’ includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute;
(ii) “organised crime syndicate” means a criminal organisation or group of three or more persons who, acting either singly or collectively in concert, as a syndicate, gang, mafia, or (crime) ring indulging in commission of one or more serious offences or involved in gang criminality, racketeering, and syndicated organised crime;
(iii) “continuing unlawful activity” means an activity prohibited by law, which is a cognizable offence undertaken 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;
(iv) “economic offences” include criminal breach of trust; forgery, counterfeiting of currency and valuable securities, financial scams, running Ponzi schemes, mass-marketing fraud or multi-level marketing schemes with a view to defraud the people at large for obtaining the monetary benefits or large scale organised betting in any form, offences of money laundering and hawala transactions.
(2) Whoever, attempts to commit or commits an offence of organised crime shall, (i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine which shall not be less than rupees ten lakhs;
(ii) in any other case, be 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 rupees five lakhs.
(3) Whoever, conspires or organises the commission of an organised crime, or assists, facilitates or otherwise engages in any act preparatory to an organised crime, shall be 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 rupees five lakhs.
(4) Any person who is a member of an organised crime syndicate shall be 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 rupees five lakhs.
(5) Whoever, intentionally harbours or conceals or attempts to harbour or conceal any person who has committed the offence of an organised crime or any member of an organised crime syndicate or believes that his act will encourage or assist the doing of such 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 rupees five lakhs:
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, holds 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 syndicate funds 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 rupees two lakhs.
(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 rupees one lakh and such property shall also be liable for attachment and forfeiture.
Explanation
For the purposes of this section, “proceeds of any organised crime” means all kind of properties which have been derived or obtained from commission of any organised crime or have acquired through funds traceable to any organised crime and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found.
Example:
Vijay, Rakesh and Amit together created a gang and kidnaped a child to demand ransom. Once caught, all three were held guilty and imprisoned for 5 years, along with a monetary penalty.
Key Points on BNS-111: Organised Crime
Definition of Organised Crime
Organised crime refers to unlawful activities carried out by groups of individuals working together. These activities include, but are not limited to:
- Kidnapping
- Robbery
- Vehicle theft
- Extortion
- Land grabbing
- Contract killing
- Economic offences
- Cyber-crimes with severe consequences
- Trafficking in people, drugs, illicit goods, or services
- Human trafficking for prostitution or ransom
These activities are typically conducted through violence, threats, intimidation, coercion, corruption, or other unlawful means to gain material benefits, especially financial gain.
Penalties for Committing Organised Crime
- Organised Crime Resulting in Death
- Punishment: Death or life imprisonment, with a fine of not less than ₹10 lakhs.
- Other Cases of Organised Crime
- Punishment: Imprisonment for not less than five years but extending to life imprisonment, with a fine of not less than ₹5 lakhs.
Penalties for Conspiring or Assisting in Organised Crime
- Organising or Conspiring: Individuals who conspire, organise, or assist in committing organised crime face imprisonment for not less than five years but extending to life imprisonment, and a fine of not less than ₹5 lakhs.
- Preparatory Acts: This includes actions taken in preparation for organised crime.
Penalties for Membership in an Organised Crime Syndicate
- Membership: Individuals who are members of an organised crime syndicate are punishable by imprisonment for not less than five years but extending to life imprisonment, and a fine of not less than ₹5 lakhs.
Harbouring or Concealing Offenders
- Harbouring: Anyone who intentionally harbours or conceals a person involved in organised crime faces imprisonment for not less than three years but extending to life imprisonment, along with a fine of not less than ₹5 lakhs.
- Exception: This does not apply if the harbouring or concealment is done by the spouse of the offender.
Handling Property Derived from Organised Crime
- Possession of Proceeds: Holding property derived from or obtained through organised crime is punishable by imprisonment for not less than three years but extending to life imprisonment, and a fine of not less than ₹2 lakhs.
- Possession of Unaccounted Property: If a person possesses movable or immovable property on behalf of a member of an organised crime syndicate, which cannot be satisfactorily accounted for, they face imprisonment for not less than three years but extending to ten years, along with a fine of not less than ₹1 lakh. The property is subject to attachment and forfeiture.
Summary
Organised crime involves continuous unlawful activities conducted by groups for material or financial gain using violence and other illegal methods. Severe penalties, including imprisonment and significant fines, are imposed on individuals involved in committing, conspiring, assisting, or being members of organised crime syndicates. Additional penalties apply for harbouring offenders or handling property derived from such crimes.
Details of the Offense
- Offense: Organised crime resulting in death
Punishment: Death or imprisonment for life, with a fine of not less than ₹10 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: In any other case
Punishment: Imprisonment for not less than five years but which may extend to life imprisonment, with a fine of not less than ₹5 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Abetting, attempting, conspiring, or knowingly facilitating the commission of organised crime
Punishment: Imprisonment for not less than five years but which may extend to life imprisonment, with a fine of not less than ₹5 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Being a member of an organised crime syndicate
Punishment: Imprisonment for not less than five years but which may extend to life imprisonment, with a fine of not less than ₹5 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Intentionally harbouring or concealing any person who committed organised crime
Punishment: Imprisonment for not less than three years but which may extend to life imprisonment, with a fine of not less than ₹5 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Possessing property derived from or obtained through the commission of organised crime
Punishment: Imprisonment for not less than three years but which may extend to life imprisonment, with a fine of not less than ₹2 lakhs
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Possessing property on behalf of a member of an organised crime syndicate
Punishment: Imprisonment for not less than three years but which may extend to ten years, with a fine of not less than ₹1 lakh
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
