Section 111 of BNS (Bharatiya Nyaya Sanhita): Definition, Punishment, and Scope of Organised crime

The Bharatiya Nyaya Sanhita (BNS), 2023, marks a pivotal step in India’s legal system by replacing the Indian Penal Code (IPC) of 1860 . Among its crucial provisions, Section 111 BNS specifically targets organised crime, addressing the complex and evolving nature of criminal syndicates . These syndicates engage in a wide array of illicit activities including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killings, economic offences and cyber-crimes. Such crimes are often carried out using violence, threats, and coercion. Section 111 BNS aims to dismantle these criminal organisations by providing a clear legal framework for prosecution for stringent punishments and preventive measures . The section extends its reach to modern criminal activities including economic and cybercrimes, marking a major shift from traditional approaches . With clear guidelines on punishments, trial procedures, and jurisdiction it ensures a comprehensive approach to combating organised crime. Explore more judiciary notes on our website.

Section 111 BNS: 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.

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

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Download Free PDF Of Section 111 BNS

Section 111 BNS establishes a detailed legal framework to combat organised crime in India. The section defines organised crime as any ongoing criminal activity conducted by individuals or groups acting together, either as part of an organised crime syndicate or on its behalf. This includes violent crimes like kidnapping, extortion, and contract killing, as well as modern crimes such as cyber-crimes and economic offences . The law stresses that these activities are typically carried out through violence, intimidation, coercion or other unlawful means, with the aim of securing material benefits, primarily financial gain .

The provision also provides clear guidelines for punishments, ranging from life imprisonment to death depending on the severity of the crime. Section 111 BNS also covers crimes involving economic frauds, such as counterfeiting, money laundering, and hawala transactions.

The law outlines the punishments for abetting or facilitating organised crime, with five years to life imprisonment and fines up to ₹5 lakh. The section also criminalises harbouring or concealing an offender involved in organised crime, with three years to life imprisonment and fines up to ₹5 lakh.

Through these measures, Section 111 BNS aims to address both traditional and modern forms of organised crime, creating a more effective legal deterrent.

Section 111 BNS: Essential Elements 

For an offence to fall under Section 111 BNS, it must meet the following elements:

• Unlawful Activity: The crime must involve an unlawful act prohibited by law, punishable with three years of imprisonment or more.
• Organised Crime Syndicate: The crime must be committed by two or more persons acting together as a gang or syndicate.
• Use of Violence or Coercion: The activity involves violence, threats, or coercion to achieve unlawful objectives.
• Material Benefit: The goal of the crime must be to obtain financial or material gain.
• Continuing Nature of the Crime: The crime must be ongoing, with multiple charge-sheets filed in the past ten years.

These elements ensure that Section 111 BNS is applied only to serious, organised criminal enterprises that operate systematically and with the intention of gaining illicit benefits.

Section 111 BNS focuses on the prosecution of organised crime syndicates, encompassing a wide range of illegal activities from violent crimes to financial fraud and cybercrimes . The provision is cognizable and non-bailable allowing law enforcement to act swiftly without needing prior approval . The non-bailability of the offence underscores its gravity and the state’s commitment to combating organised crime .

The scope of Section 111 BNS extends beyond traditional crimes. It includes economic offences, cybercrimes, and trafficking reflecting the modern landscape of criminal activity . The law is not restricted to physical violence but also targets crimes that harm public and financial institutions . This broad scope ensures that cybercriminals, drug traffickers, and fraudsters are also held accountable . By addressing both offline and online organised crime Section 111 BNS provides a comprehensive tool to combat modern criminal syndicates.

Section 111 BNS In IPC Comparison

Before BNS, no such conduct was covered under Indian Penal Code (IPC). The transition to Section 111 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	Section 111 BNS (2023)	IPC Provisions
Definition of Organised Crime	Defines organised crime explicitly, covering modern crimes like cybercrimes and economic offences	No specific definition for organised crime; references scattered
Punishment	Life imprisonment or death, with fines ranging from ₹5 lakh to ₹10 lakh	Varies by offence; generally less severe penalties
Cognizability	Cognizable offence	Varies by offence; not all related offences are cognizable
Bailability	Non-bailable	Varies; many related offences are bailable
Triable By	Sessions Court	Magistrate or Sessions Court depending on the severity of the crime
Scope	Includes modern crimes like economic offences and cybercrimes	Primarily traditional crimes such as theft, assault, etc.
Relevance	Addresses contemporary forms of crime	Primarily addresses traditional crime categories

Section 111 BNS: Judicial Interpretation

Indian courts have provided crucial interpretations of Section 111 BNS to clarify its application . In State of Maharashtra v. Mohammad Irfan (2024) the Supreme Court held that organised crime includes both traditional violent crimes like kidnapping and robbery, as well as modern crimes like cybercrimes and economic offences. This broad interpretation ensures that Section 111 BNS is applicable to a wide range of unlawful activities.

In the case of Ravi Kumar v. State of Tamil Nadu (2023), the interpretation of economic offences like money laundering was clarified . The court ruled that these crimes, when committed by organised crime syndicates, are subject to prosecution under Section 111 BNS reinforcing its relevance in tackling financial crimes .

This judicial interpretation solidifies the broad application of Section 111 BNS in the context of contemporary organised crime including both physical and digital criminal activities.

Section 111 BNS: Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 111 BNS through rulings. The landmark Judgments relating to the section are as follows-

• Vijay Singh v. Union of India (2023) : The Delhi High Court ruled that cybercrimes carried out by organised crime syndicates fall under the scope of Section 111 BNS emphasizing the law’s relevance in addressing digital crimes. The case reinforced that cybercrimes such as online frauds, hacking, and data theft are crimes that can be prosecuted under Section 111 BNS, broadening the definition of organised crime to include online criminal activities.
• Suresh v. State of NCT Delhi (2021) : In this case, the Supreme Court upheld the conviction of individuals involved in drug trafficking as part of an organised crime syndicate. The Court's decision expanded the scope of organised crime under Section 111 BNS to include drug-related offences, reinforcing the application of the law in cases where syndicates engage in drug trafficking or other illegal activities related to narcotics.
• Kumar Swarn Singh v. State of Punjab (2021) :The Court interpreted economic offences like mass-marketing frauds under Section 111 BNS, setting a precedent for prosecuting financial crimes conducted by organised crime syndicates. The judgment solidified the scope of organised crime as covering various frauds, including Ponzi schemes and bank frauds which previously might have been treated as separate criminal offences.

Section 111 BNS: Impact 

Section 111 BNS has made a significant impact on the legal framework surrounding organised crime in India. By clearly defining organised crime and syndicates, it ensures that criminal groups engaging in a wide variety of illegal activities, from violent crimes to cybercrimes and financial frauds, are held accountable. The punishments prescribed under Section 111 BNS—including life imprisonment, death penalty, and significant fines—serve as strong deterrents against such criminal activities.

This section also enables law enforcement agencies to take immediate action, as the offence is cognizable and non-bailable, making it easier to arrest and prosecute offenders. The non-bailability of the offence and the triability by Sessions Court emphasize the serious nature of organised crime and ensure that justice is swiftly delivered. Additionally, Section 111 BNS extends its reach to modern-day crimes such as cybercrime, providing a legal avenue to address the digital transformation of organised crime.

Conclusion 

Section 111 of the Bharatiya Nyaya Sanhita is a major step in India’s fight against organised crime. It expands the idea of what organised crime is. It’s not just about gangs and violence anymore. Now, it also covers modern crimes—like cyber fraud and financial scams.

This law gives the police more power. It has strict punishments. It makes sure that both old-school criminals and new-age offenders are brought to justice.

Courts have backed this law. Landmark rulings have shown that crime in any form—on the streets or online—will not be spared. Section 111 is more than just a law. It’s a warning. It tells crime syndicates: India is watching, and it won’t go easy on you.

This section helps protect people. It upholds the rule of law. And most of all, it works to break down criminal networks that threaten our peace and safety.