Organised Crime — New BNS Section 111 Provisions

In India, Section 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force since 1 July 2024, creates an offence of "organised crime" that the Indian Penal Code, 1860 (IPC) never had. It turns on a "continuing unlawful activity" backed by more than one charge-sheet in ten years, with punishments from three years to death; Section 112 adds "petty organised crime" (one to seven years).

At a glance

What changed

• New — an offence of organised crime (Section 111). No IPC section defined or punished organised crime. Section 111(1) defines it; Section 111(2)–(7) punish it and related conduct.
• New — petty organised crime (Section 112). Theft, cheating and the like were always offences; Section 112 adds a separate offence, with a one-year minimum, where a member of a group or gang commits them.
• New — handcuffing (Section 43(3) BNSS). A police officer may, "keeping in view the nature and gravity of the offence", use handcuffs on a person "who has committed offence of organised crime". The CrPC text contains no handcuffing provision.
• Modified — criminal conspiracy (Section 61 BNS). IPC Sections 120A and 120B are merged into one section. Section 61(1) reads "agree with the common object to do", where Section 120A read "agree to do". Section 61(2)(a) keeps the rule that the abetment-level punishment applies "where no express provision is made in this Sanhita". Section 111(3) is an express provision for conspiracy to commit organised crime.
• Minor edit — gang of dacoits (Section 310(6) BNS). Section 400 IPC's opening words "at any time after the passing of this Act, shall belong" become "belongs". The punishment is unchanged.
• Modified — gang of thieves (Section 313 BNS). Section 401 IPC covered a "wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits". Section 313 covers "any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits". The BNSS First Schedule still describes the entry as a "wandering gang". Punishment is unchanged.

Statutory text (relevant extracts)

Extract, Section 111(1) BNS:

"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."

Extract, Section 112(1) BNS:

"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."

How Section 111 works — the ingredients

Section 111(1) has five elements.

1. A continuing unlawful activity. The list of activities (kidnapping to human trafficking) follows the word "including", so on its words it illustrates rather than exhausts.
2. The actor. The activity is carried on "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 one.
3. The syndicate. Explanation (i) 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 any continuing unlawful activity".
4. The means. Violence, threat of violence, intimidation, coercion, "or by any other unlawful means".
5. The objective. "To obtain direct or indirect material benefit including a financial benefit".

Unpacking "continuing unlawful activity" (Explanation (ii)). The activity must be "prohibited by law"; be "a cognizable offence punishable with imprisonment of three years or more"; be undertaken as a member of, or on behalf of, a syndicate; and be one "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". It "includes economic offence".

Three points about the charge-sheet element are open on the text, and each is a reading, not a settled rule:

• Against whom? The charge-sheets must be filed "in respect of" the activity. The Explanation does not say they must be filed against the particular accused. The activity is itself undertaken "by any person … as a member of … or on behalf of" the syndicate.
• Ten years before what? "The preceding period of ten years" is not tied expressly to the commission of the offence, the registration of the FIR or any other date.
• What is a "charge-sheet"? The BNS does not define the word, and the BNSS speaks of a police "report" under Section 193. On a reading, the reference is to the final report filed after investigation.

"Economic offence" (Explanation (iii)). Also inclusive: criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or any scheme to defraud several persons, and any act with a view to defraud a bank, financial institution or other institution or organisation "for obtaining monetary benefits in any form".

The seven punishment tiers, sub-section by sub-section

• Section 111(2)(a) — death results. Whoever commits organised crime that "has resulted in the death of any person" is punished with death or imprisonment for life, and is liable to a fine of not less than ten lakh rupees.
• Section 111(2)(b) — any other case. Imprisonment of not less than five years, extending to imprisonment for life, and a fine of not less than five lakh rupees.
• Section 111(3) — participation short of commission. "Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime" gets five years to life and a fine of not less than five lakh rupees.
• Section 111(4) — membership. "Any person who is a member of an organised crime syndicate" gets five years to life and a fine of not less than five lakh rupees. On its words, membership alone completes this offence.
• Section 111(5) — harbouring. "Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime" gets three years to life and a fine of not less than five lakh rupees. The proviso excludes harbour or concealment "by the spouse of the offender". "Harbour" is defined in Section 2(13) BNS.
• Section 111(6) — proceeds. 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" is punishable with three years to life and a fine of not less than two lakh rupees. Unlike Section 113(7), which punishes whoever "knowingly possesses" terrorist property, Section 111(6) does not use the word "knowingly". Whether knowledge is nonetheless required is a question of construction the text leaves open.
• Section 111(7) — unaccounted property. A person who, "on behalf of a member of an organised crime syndicate", is or has been in possession of movable or immovable property "which he cannot satisfactorily account for" gets three to ten years and a fine of not less than one lakh rupees. This is the only Section 111 tier that stops short of imprisonment for life.

The Explanation under Section 113, which says an officer not below the rank of Superintendent of Police decides whether to register a case under that section or under the Unlawful Activities (Prevention) Act, 1967, belongs to Section 113 (terrorist act). Sections 111 and 112 contain no such Explanation. See terrorist act under BNS Section 113.

Section 112 — petty organised crime

Ingredients. Section 112(1) needs (a) an accused who is "a member of a group or gang", (b) acting "either singly or jointly", who (c) commits theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, "or any other similar criminal act".

What counts as "theft". The Explanation says 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". Snatching is separately defined in Section 304 BNS, and cheating in Section 318.

Punishment and classification. Imprisonment of not less than one year, extending to seven years, and fine (Section 112(2)). The offence is cognizable, non-bailable and triable by a Magistrate of the first class.

Neither "group" nor "gang" is defined in the BNS. On a reading, "any other similar criminal act" points to acts of the same kind as those listed — an argument, not a settled rule.

Procedure: arrest, bail, plea bargaining and property

• Arrest. All are cognizable (arrest without warrant under Section 35 BNSS), and Section 43(3) permits handcuffing for organised crime, "keeping in view the nature and gravity of the offence". See handcuffing and use of force during arrest.
• Bail. All are non-bailable. Section 111 contains no bail clause, so the general rules of BNSS Chapter XXXV ("Provisions as to bail and bonds") apply. Under Section 480(1)(i), where bail is sought from the police or a court other than the High Court or Court of Session, a person "shall not be so released" if there appear reasonable grounds for believing he is guilty of an offence punishable with death or imprisonment for life (subject to the provisos, for example for a woman or a child). Every Section 111 tier except Section 111(7) carries imprisonment for life. Section 483 preserves the powers of the High Court and Court of Session, and Section 482 governs anticipatory bail. See bail provisions old vs new.
• Undertrial release. Section 479(1) excludes offences for which death or life imprisonment is a specified punishment, so only Section 111(7) and Section 112 fall within it. Under Section 479(2), where an investigation, inquiry or trial "in more than one offence or in multiple cases" is pending, the person "shall not be released on bail by the Court" under that section.
• Plea bargaining. Chapter XXIII BNSS excludes offences punishable with life or with imprisonment exceeding seven years (Section 289(1)), so no Section 111 offence qualifies. Section 112, capped at seven years, is within the threshold unless another exclusion applies. See plea bargaining changes.
• Property. Section 107 BNSS lets an investigating officer apply, with the approval of the Superintendent of Police or Commissioner of Police, for attachment of property "derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence". See attachment of proceeds of crime.

What this means in practice

For the investigating officer

• Build the charge-sheet history first. Explanation (ii) needs more than one charge-sheet, filed before a competent Court, within the preceding ten years, with cognizance taken. Obtain certified copies of the cognizance orders, not just the charge-sheets.
• Record the syndicate link and the material-benefit objective; they are ingredients separate from the underlying offence.

For the accused and defence advocate

• Test each element separately: the three-year cognizable threshold, the count and dates of charge-sheets, whether cognizance was actually taken, the syndicate link, and the benefit objective.
• For harbouring, check the spouse proviso to Section 111(5). For Section 112, test whether the accused was a member of a "group or gang" rather than a one-off co-accused.

For both sides

• The older gang offences remain alongside Sections 111 and 112: Section 61 (conspiracy), Section 310(6) (gang of dacoits) and Section 313 (gang of thieves), so charging choices can overlap.

Judgments that still matter

No Supreme Court judgment applying Section 111 or 112 BNS was read for this guide. The two below construe words Section 111 uses — "cognizance" and "conspires"; their relevance is a reading, not a holding on Section 111.

1. S.K. Sinha, Chief Enforcement Officer v. Videocon International Ltd., [2008] 2 S.C.R. 36 (2008 INSC 105) — 25 January 2008. A bench of C.K. Thakker and P.P. Naolekar JJ., judgment by Thakker J. The High Court had treated the date process issued as the date of cognizance and quashed a complaint as time-barred. The Supreme Court held that the two are different (para 11). It explained (para 12) that "'Taking cognizance' does not involve any formal action of any kind. It occurs as soon as a Magistrate applies his mind to the suspected commission of an offence." It added that "Cognizance is taken of an offence and not of an offender." Why it bears on Section 111: Explanation (ii) requires that the competent Court "has taken cognizance of such offence". On a reading, each charge-sheet counted needs a judicial application of mind to the offence, not merely the filing of the report.

2. Mohd. Khalid v. State of West Bengal, [2002] Supp. 2 S.C.R. 31 (2002 INSC 358) — 3 September 2002. A three-judge bench (B.N. Kirpal CJI, K.G. Balakrishnan and Arijit Pasayat JJ.), judgment by Pasayat J. The Court stated that "the essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both". It also held that mere proof of an agreement to commit a serious offence suffices for conviction under Section 120B IPC, without proof of an overt act (headnote 2.1). The reported text carries no paragraph numbers. Why it bears on Section 111(3): Section 111(3) punishes whoever "conspires" to commit organised crime but does not define the word. Section 61(1) BNS repeats Section 120A's definition, adding "with the common object". On a reading, the IPC-era understanding of a conspiracy agreement remains relevant to that word.

Which law applies to your case

Article 20(1) of the Constitution provides that "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence". On a reading of Article 20(1), Sections 111 and 112 cannot be applied to conduct completed before 1 July 2024. Such conduct falls under the IPC offences then in force; Section 358(2) BNS provides that penalties incurred under the IPC may be imposed "as if that Code had not been repealed". The text of Section 111 does not say whether charge-sheets filed before 1 July 2024 count towards a "continuing unlawful activity", and no judgment deciding the point was read. See offence before 1 July 2024 — which law applies.

Frequently asked questions

What is a continuing unlawful activity under Section 111 BNS?

Explanation (ii) to Section 111(1) BNS defines it as 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, in respect of which more than one charge-sheet has been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence. It includes economic offence.

What is the punishment for organised crime under Section 111 BNS?

Under Section 111(2)(a), organised crime that results in the death of any person is punishable with death or imprisonment for life and a fine of not less than ten lakh rupees. In any other case, Section 111(2)(b) prescribes imprisonment of not less than five years extending to imprisonment for life, and a fine of not less than five lakh rupees. Abetment, attempt, conspiracy, knowing facilitation and preparation (Section 111(3)) and membership of a syndicate (Section 111(4)) carry the same five-years-to-life range and five-lakh minimum fine.

Is harbouring an organised criminal an offence, and does it apply to a spouse?

Section 111(5) BNS punishes whoever intentionally harbours or conceals a person who has committed organised crime, with imprisonment of not less than three years extending to imprisonment for life and a fine of not less than five lakh rupees. Its proviso says the sub-section does not apply where the harbour or concealment is by the spouse of the offender. Section 2(13) BNS defines harbour to include supplying shelter, food, drink, money, clothes, arms, ammunition or means of conveyance.

What is petty organised crime under Section 112 BNS?

Section 112(1) BNS covers a member of a group or gang who, singly or jointly, commits theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act. Section 112(2) prescribes imprisonment of not less than one year extending to seven years, and fine. The BNSS First Schedule classifies it as cognizable, non-bailable and triable by a Magistrate of the first class.

Is organised crime under Section 111 bailable?

No. The First Schedule to the BNSS classifies every Section 111 offence as cognizable, non-bailable and triable by the Court of Session. Section 111 contains no bail provision of its own, so bail is governed by BNSS Chapter XXXV, including Section 480 for non-bailable offences and Section 483 for the special powers of the High Court and Court of Session.

Can Section 111 apply to activity before 1 July 2024?

Section 111 created an offence the IPC did not contain, and Article 20(1) of the Constitution bars conviction except for violation of a law in force when the act was committed. On a reading of Article 20(1), Section 111 cannot be applied to conduct completed before 1 July 2024. Whether charge-sheets filed before that date count towards the more-than-one-charge-sheet requirement is a question the text of Section 111 does not answer.

Related

• BNS Section 111 — organised crime (section page)
• Terrorist act under BNS Section 113
• Handcuffing and use of force during arrest: BNSS 43
• Attachment of proceeds of crime: BNSS 107
• Bail provisions old vs new
• Offence before 1 July 2024 — which law applies
• Section 120A-120B IPC vs Section 61 BNS — Criminal Conspiracy

Sources

Statutes read (primary text):

• Bharatiya Nyaya Sanhita, 2023 (Gazette CG-DL-E-25122023-250883): Sections 2(13), 61, 111, 112, 113 (sub-sections (6), (7) and Explanation), 304, 310(6), 313, 318(4), 358.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette CG-DL-E-25122023-250884): Sections 35, 43(3), 107(1), 193, 289(1), 479, 480, 482, 483, and First Schedule entries for BNS 111(2)(a)–112, 310(6) and 313.
• Indian Penal Code, 1860 (official text): Sections 120A, 120B, 400, 401.
• Code of Criminal Procedure, 1973 (official text): searched for any handcuffing provision (none).
• Constitution of India: Article 20(1).

Judgments read (Veritect judgment corpus, full text):

• S.K. Sinha, Chief Enforcement Officer v. Videocon International Ltd., [2008] 2 S.C.R. 36 — 2008_2_36_57_EN.md
• Mohd. Khalid v. State of West Bengal, [2002] Supp. 2 S.C.R. 31 — S_2002_2_31_66_EN.md

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.