“Law Master’s Publication”
‘Organised Crime’
Prof. Santosh D. Bhosale
200
(..20..)
Organised Crime
[Chapter VI 111 & 112]
QUESTION BANK
1.
Write a detailed note on organized crime as defined under BNS.
SHORT NOTES
Organised crime
1.
2.
Petty organized crime
SYNOPSIS
I. Introduction to Organised Crime under BNS, 2023-
II. Definition of Organised Crime (Section 111 BNS)-
III. Explanations given under Section 111(1)-
1. "Organised crime syndicate":
2. "Continuing unlawful activity":
3. "Economic offence":
IV. Punishments for Organised Crime (Section 111 BNS)-
1. Committing Organised Crime:
2. Abetment, Attempt, Conspiracy, or Facilitation:
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3. Membership of an Organised Crime Syndicate:
4. Harbouring or Concealing Offenders:
5. Possession of Property from Organised Crime:
6. Possession of Unaccounted Property on behalf of a Syndicate Member:
V. Petty Organised Crime (Section 112 BNS)-
1. Definition:
2. Purpose:
3. Important distinctions from Section 111 (Organised Crime):
4. Punishment:
5. Nature of Offence and Trial:
VI. Judicial Interpretations and Related Cases-
1. Ranjitsing Brahmajeetsing Sharma v. State Of Maharashtra And Anr
2. Zakir Abdul Mirajkar v. State of Maharashtra
3. Suraj Singh @ Noni v. State of Punjab (2024):
I. Introduction to Organised Crime under BNS, 2023-
The Bharatiya Nyaya Sanhita (BNS), 2023, which is set to replace the Indian Penal
Code (IPC) 1860 from 1st July 2024, introduces organised crime as a new offence under a
central law for the first time in India. This new provision aims to comprehensively address
unlawful activities orchestrated by syndicates, which are considered a grave threat to
India's internal security. Previously, organised crime was primarily dealt with through
state-specific legislations like the Maharashtra Control of Organised Crime Act (MCOCA)
or the Gujarat Control of Organised Crime Act (GujCOCA). The BNS seeks to consolidate
and streamline these provisions into a single framework.
II. Definition of Organised Crime (Section 111 BNS)-
Section 111(1) of the BNS 2023 defines organised crime as:
1. Any continuing unlawful activity carried out 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.
2. The activity must involve the use of violence, threat of violence, intimidation,
coercion, or any other unlawful means.
3. The objective of such activity must be to obtain direct or indirect material benefit,
including a financial benefit. The term "material benefit" is broadly defined to include
anything of benefit to a person, regardless of its inherent or tangible value.
4. Illustrative List of Unlawful Activities-
The definition includes a range of offences, such as:
i. Kidnapping
“Law Master’s Publication”
‘Organised Crime’
Prof. Santosh D. Bhosale
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ii. Robbery
iii. Vehicle theft
iv. Extortion
v. Land grabbing
vi. Contract killing
vi. Economic offences
vii. Cyber-crimes (especially those with severe consequences)
viii. Trafficking of persons, drugs, weapons, or illicit goods or services
ix. Human trafficking for prostitution or ransom
III. Explanations given under Section 111(1)-
The section gives explanations of the important terms used in the definition as
follows-
1. "Organised crime syndicate":
This refers to a group of two or more persons who, acting either singly or jointly,
as a syndicate or gang, indulge in any continuing unlawful activity.
2. "Continuing unlawful activity":
This means an activity prohibited by law which is a cognizable offence punishable
with imprisonment of three years or more. A crucial element is that more than one
charge-sheet must have been filed before a competent Court within the preceding period
of ten years, and that Court must have taken cognizance of such offence. This includes
economic offences. The BNS also adds the phrase "by the effort of groups of individuals
acting in concert", which can create ambiguity regarding the necessity of common
intention.
3. "Economic offence":
This category broadly includes criminal breach of trust, forgery, counterfeiting of
currency-notes, bank-notes, and Government stamps, hawala transactions, mass-marketing
fraud, or running any scheme to defraud several persons or institutions (e.g., banks or
financial institutions) for monetary benefits.
IV. Punishments for Organised Crime (Section 111 BNS)-
The BNS prescribes stringent punishments for various roles in organised crime:
1. Committing Organised Crime:
a. If the offence results in the death of any person, the punishment is death or
imprisonment for life, along with a fine of not less than ten lakh rupees. A critique
notes that, unlike MCOCA or GujCOCA, the BNS does not require a separate mens rea
(guilty mind/intention) for causing death, meaning individuals could face the death
penalty even without intending or knowing death was likely.
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‘Organised Crime’
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b. In any other case, the punishment is imprisonment for a term not less than five years
but which may extend to imprisonment for life, and a fine of not less than five lakh
rupees.
2. Abetment, Attempt, Conspiracy, or Facilitation:
Whoever abets, attempts, conspires, or knowingly facilitates the commission of an
organised crime, or engages in any act preparatory to it, shall be punished with
imprisonment for a term not less than five years but which may extend to imprisonment
for life, and a fine of not less than five lakh rupees. A notable change is that the BNS
does not require knowledge or intention on the part of the person assisting or facilitating
the crime, which is a departure from MCOCA and GujCOCA and could lead to punishment
for inadvertent facilitation. The BNS also arbitrarily provides the same punishment for both
the commission and attempt to commit organised crime.
3. Membership of an Organised Crime Syndicate:
Any person who is a member of an organised crime syndicate shall be punished with
imprisonment for a term not less than five years but which may extend to imprisonment
for life, and a fine of not less than five lakh rupees.
4. Harbouring or Concealing Offenders:
Intentionally harbouring or concealing any person who has committed the offence
of an organised crime is punishable with imprisonment for a term not less than three years
but which may extend to imprisonment for life, and a fine of not less than five lakh
rupees. However, this sub-Section does not apply if the harbouring or concealment is by
the spouse of the offender.
5. Possession of Property from Organised Crime:
Whoever possesses any property derived or obtained from the commission or
proceeds of an organised crime, or property acquired through it, shall be punishable with
imprisonment for a term not less than three years but which may extend to
imprisonment for life, and a fine of not less than two lakh rupees.
6. Possession of Unaccounted Property on behalf of a Syndicate Member:
If any person on behalf of a member of an organised crime syndicate is, or has been,
in possession of movable or immovable property that they cannot satisfactorily account
for, they shall be punishable with imprisonment for a term not less than three years but
which may extend to ten years, and a fine of not less than one lakh rupees.
Nature of Offence and Trial (Organised Crime)- Organised crime under Section 111
BNS is classified as a cognizable and non-bailable offence, which is triable by the
Sessions court.
V. Petty Organised Crime (Section 112 BNS)-
“Law Master’s Publication”
‘Organised Crime’
Prof. Santosh D. Bhosale
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The BNS introduces a new and distinct category called 'Petty Organised Crime' under
Section 112, which was not present in previous central or state legislations.
1. Definition:
Petty organised crime is committed by a member of a group or gang, either singly
or jointly, and includes acts such as theft, snatching, cheating, unauthorised selling of
tickets, unauthorised betting or gambling, selling of public examination question
papers, or any other similar criminal act. The definition of theft under this section
specifically includes trick theft, theft from vehicles, dwelling houses or business premises,
cargo theft, pickpocketing, card skimming theft, shoplifting, and Automated Teller
Machine (ATM) theft.
2. Purpose:
This section aims to penalise common forms of organised crime that generate
"general feelings of insecurity" among citizens.
3. Important distinctions from Section 111 (Organised Crime):
Unlike Section 111, Section 112 does not require the use of violence, threat, or
intimidation, nor does it necessitate the obtaining of material benefit.
4. Punishment:
Whoever commits any petty organised crime shall be punished with imprisonment
for a term not less than one year but which may extend to seven years, and shall also be
liable to fine. Similar to Section 111, this section also arbitrarily provides the same
punishment for both commission and attempt to commit petty organised crime.
5. Nature of Offence and Trial:
Petty organised crime is a cognizable, non-bailable offence, triable by the
Magistrate of the first class.
VI. Judicial Interpretations and Related Cases-
The following are some of the important cases discussed on the topic of ‘organised
crime’.
The Supreme Court clarified that for an association or communication to fall under
the purview of organised crime, it must have a direct connection (nexus) with the
commission of organised crime or an organised crime syndicate, implying assistance to
them.
1 Laws (SC) 2005-4-8
2 Laws (SC) 2022-8-82
“Law Master’s Publication”
‘Organised Crime’
Prof. Santosh D. Bhosale
205
The Supreme Court ruled that charge-sheets filed against an organised crime
syndicate as a whole are sufficient to satisfy the "continuing unlawful activity" condition
for MCOCA, and it is not required for more than one charge-sheet to be filed against each
individual member in their personal capacity.
The Punjab and Haryana High Court held that for an offence to be categorised as
organised crime under Section 111 of BNS 2023, it must align with a description given in
the section. Furthermore, legally admissible prima facie evidence of continuing unlawful
activity is essential. The state cannot use custodial interrogation to search for such evidence
without this initial legal basis.
The BNS represents a significant shift in India's criminal law by specifically
addressing organised crime at a central level, offering a broader and more stringent legal
framework compared to previous statutes.
*****
References-
1. Bharatiya Nyaya Sanhita 2023,
2. A handbook on Bharatiya Nyaya Sanhita, 2023 (highlighting key provisions and changes
vis-a-vis IPC)
by Amanpreet Singh Sandhu Joint Director (Prosecution), PPA
3. Criminal Law Bills 2023 Decoded #6: Organised Crime in BNS 2023- Examining
Vagueness
and
Overcriminalisation
Concerns
4. Discussion on various provisions against organised crimes under Bhartiya Nyaya
5.From Retribution to Reform: A Critical Analysis of the Bharatiya Nyaya Sanhita, 2023
and India’s Criminal Law Renaissance by Parsoon Dubey and Ragini Soni
6. “Organised Crime under BNS: Provisions and Cases Authored By – Pranali
Chintaman Padwe, RTMNUS Dr. Babasaheb Ambedkar College of law (main
branch)
Nagpur
Maharashtra https://lawfoyer.in/organised-crime-under-bns-
3 CRM-M-42577-2024