ANALYZING SECTION 111 (ORGANISED CRIME) AND

SECTION 112 (PETTY ORGANISED CRIME )OF

BHARATIYA NYAYA SANHITA ACT

LAW OF CRIMES – RESEARCH PAPER

SUBMITTED BY: SUBMITTED TO:

NAME- UJJWAL SABOO DR. JULIAN SEAL PASARI
ROLL NO. – 1384 ASSOCIATE PROFESSOR, LAW
SEM- IV NUSRL, RANCHI
SECTION- A

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI
 TABLE OF CONTENTS

1. RESEARCH PROBLEM:..............................................................................................3
2. CHAPTER 1 - INTRODUCTION:................................................................................4
RESEARCH QUESTIONS:...................................................................................................5
RESEARCH HYPHOTHESIS:.............................................................................................5
RESEARCH METHODOLOGY:..........................................................................................5
3. CHAPTER 2- HISTORY AND OVERVIEW OF BNS:...............................................6
TIMELINE OF BNS:.............................................................................................................6
OVERVIEW OF BNS:..........................................................................................................7
4. CHAPTER 3 - UNDERSTANDING ORGANISED CRIME AND PETTY
ORGANISED CRIME:..................................................................................................8
ORGANISED CRIME...........................................................................................................8
PETTY ORGANISED CRIME..............................................................................................9
5. CHAPTER 4 - EXISTING LEGAL FRAMEWORKS DEALING WITH
ORGANISED CRIME:................................................................................................10
CONSTITUIONAL VALDITY OF MCOCA.....................................................................11
6. CHAPTER 5 - SECTION 111 AND 112 OF BNS:.....................................................12
7. CHAPTER 6 - IMPACT OF BNS ON EXISTING LEGAL FRAMEWORKS:.........14
8. CHAPTER 7 - IMPLICATIONS OF PETTY ORGANISED CRIME:.......................15
9. CONCLUSION:...........................................................................................................16
10. BIBLIOGRAPHY:.......................................................................................................17
 RESEARCH PROBLEM:

In December 2023, Parliament enacted Bharatiya Nyaya Sanhita act to replace Indian Penal
Code, a colonial law. BNS has introduced some new forms of crimes and one such crime is
organised crime and petty organised crime. Earlier, Parliament has not introduced these
topics in one statue as a whole. Parliament has enacted some statues such as Prevention of
Money Laundering (PMLA) and Unlawful Activities (Prevention) Act (UAPA) which deals
with some kinds of organised crime.

There were some state statues like Maharashtra control of Organised Crimes act, Gujarat
Control of Organised Crimes act, Karnataka Control of Organised Crime Act etc enacted by
States. These acts talks about organised crime but does not talk about petty organised crime.

In BNS act, organised crime definitions and petty organised crime definitions have been
changed as compared to original Bill. The act have used vague terms in section which will
create ambiguities in its application. Further Implementation of BNS over Maharashtra,
Karnataka, Gujarat etc will be challenging as these states already have special statue relating
to organised crime.
 CHAPTER 1 - INTRODUCTION:

Organised crimes are the criminal activities that are planned and controlled by powerful
groups and carried out on a large scale. It is also defined as planned and co-ordinated
criminal behaviour and conduct by people working together on a continuing basis.

“The phenomenon of organized crime has been assuming disturbing proportions, all over the
world. Increasing trend of Globalization, Urbanization and Industrialization has been helping
organized crime offenders to develop transnational linkages. Organized crime offenders
belonging to one country have been getting involved into the crime committed, in another
country. Not only this, but with the advent of new technologies, criminals have been using
modern gadgets to commit crime in a more sophisticated and complicated manner in
comparison to traditional criminals.1”

Organized crime has long been a significant issue in many societies, including India. Various
Acts both by Central Government and State Government have been introduced such as
Prevention of Money Laundering Act 2002, Maharashtra Control of Organised Crime Act
1999 to combat organised crime. At state level, there were acts which combat all organised
crime but at Centre level, there was different acts for different organised crime and for some
organised crimes, there was no act.

The Central Government introduced 3 Criminal bills - Bharatiya Nyaya Sanhita, Bharatiya
Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita to replace the three colinal laws
– Indian Penal Code, Indian Evidence Act and Code of Criminal Procedure. These bills were
introduced with the objective to reform the existing criminal laws. These bills introduced
various new sections which did not exist in the colonial laws and Organised crime and Petty
Organised crime sections were introduced with other sections.2

1
IPS V. K. Deuskar (1999) Organised Crime in India
https://www.svpnpa.gov.in/static/gallery/docs/22_organizedcrimeindia.pdf
2
PTI, Centre withdraws 3 bills on Criminal laws, plans to reintroduce them afresh, 12 December 2023
 RESEARCH QUESTIONS:

The Research Questions for these research paper are-

1. How does the introduction of Organised Crime and Petty Organise

Crime in BNS affect the existing legal framework?
2. What are the implications of petty organized crime among the
citizens?

RESEARCH HYPHOTHESIS:

Research Hypothesis for the above Research Questions are:

1. The introduction of Organised Crime and Petty Organised Crime in BNS act
significantly affect the existing legal frameworks. The introduction of these sections
necessitates amendment of certain laws such as Prevention of Money Laundering Act
2002, Maharashtra Control of Organised Crime Act 1999 as both these laws and BNS
would overlap when BNS will get implemented.

2. Implications of petty organised crime is too broad and subjective as the word similar
criminal act used in section may give rise to new problems.

RESEARCH METHODOLOGY:

The research methodology adopted is Doctrinal method. The Secondary data

has been used to collect and analyse the data.
 CHAPTER 2- HISTORY AND OVERVIEW OF BNS:

In Pre-Independence period. Indian Penal Code was introduced by Lord Macaulay in 1834.
He was the chairman of 1st Law Commission and the commission prepared Indian Penal
Code. On 6 October 1860, this draft was passed by British Parliament and it came into
operation on 1st January 1862. Post- Independence, the Indian Parliament continued the
operation of IPC. The Parliament and Supreme Court have made various amendments and
repeal to IPC such as striking down Section 377 etc. On 31st October 2019, IPC replaced
Ranbir Penal Code which was in operation in Jammy and Kashmir and after this, IPC came
into operation in whole territory of India.

IPC has been implemented in India for more than 150 years and India needed various
amendments in IPC to deal with new forms of Crime. Hence, India needed various reforms in
IPC. This was seen by Central Government and BNS was introduced in Parliament.

TIMELINE OF BNS:

 On 11 August 2023, Mr. Amit Shah, Minister of Home Affairs introduced Bharatiya
Nyaya Sanhita along with Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik
Suraksha Sanhita to replace Indian Penal Code, Indian Evidence Act and Code of
Criminal Procedure.
 On 12 December 2023, these bills were repealed and new bills were introduced with
some changes.
 On 20 December 2023, these bills were passed in Lok Sabha.
 On 21 December 2023, these bills were passed in Rajya Sabha.
 On 25 December 2023, these bills received the assent of the President of India Mrs.
Droupadi Murmu.
 On 24 February 2024, it was introduced in Official Gazette that these Acts will come
into operation on 1st July 2024.
 OVERVIEW OF BNS:

The BNS comprises 20 chapters and 358 sections, with a structure similar to that of the IPC.
In BNS, 2 new chapters are added which is Chapter 5 – Offences against women and child.
Though sections in thee chapters are similar to sections in IPC and only part of Chapter – of
Offences against human body of IPC has been substituted by this chapter and other Chapter is
Chapter 20 – Repeals and Savings. Rest chapters are similar but their order is interchanged. 3

The BNS also introduced some new sections or crimes or increased or new form of
punishments such as community service, Organised crime and petty organised crime has been
introduced adultery has been reintroduced, sedition has been introduced as subversive
activities. Section 106 of BNS increases the punishment of causing death by rash and
negligent driving to 10 years of imprisonment. This was criticized by truck drivers and all
India protest was called by them.

3
https://sansad.in/getFile/BillsTexts/LSBillTexts/Asintroduced/173_2023_LS_Eng1212202342949PM.pdf?
source=legislation
 CHAPTER 3 - UNDERSTANDING ORGANISED
CRIME AND PETTY ORGANISED CRIME:

ORGANISED CRIME

The phenomenon of organized crime has been a persistent challenge for every country in this
world. Traditionally, organized crime has been associated with large-scale criminal
enterprises engaged in activities such as drug trafficking, human trafficking, racketeering,
money laundering, and extortion. These criminal organizations often operate with a
hierarchical structure, employing intimidation, violence, and corruption to further their illicit
objectives.

“The distinction between organised crime and other forms of crime is that organised crime is
planned rational acts that reflect the effort of group of individuals which is missing in other
forms of crime. Organised crime is continuing criminal enterprise that rationally works to
profit from illicit activities that are often in great public demand. Its continuing existence is
maintained through corruption of public officials and the use of intimidation, threats or force
to protect its operations. Lindesmith defines it as crime that involves the cooperation og
several persons or groups for its successful execution. Thorsten Sellin defines it as an
enterprise organised to make economic gain through illegal activities.”4

Some of the Characteristics of Organised Crime are –

1. Hierarchical Structure – Group which performs organised crime have hierarchy

structure in them.
2. To achieve profits – Organised crime is generally done with the objective to earn
profits through illicit activities.
3. Use of violence- Organised crime groups use violence to commit their acts.

4
https://www.unodc.org/e4j/zh/organized-crime/module-1/key-issues/defining-organized-crime.html
 PETTY ORGANISED CRIME

In recent years, there has been a growing recognition of the need to address a new form of
criminality – petty organized crime. While petty organized crime may not possess the same
level of sophistication or reach as its organised crime, it can profoundly impact the daily lives
of citizens and erode the sense of security within communities.

Petty organized crime consists of diverse range of criminal activities carried out by loosely
organized groups or networks. These activities may include street-level extortion, protection
rackets, illegal gambling operations, counterfeiting, and various forms of fraud.

Petty organized crimes are the crimes which exploit the vulnerabilities of local communities,
instilling fear and insecurity among residents through the repeated commission of these
offenses.

One of the key challenges in addressing petty organized crime lies in its ability to blend into
the fabric of society, making it difficult to detect and disrupt. These criminal networks
operates under the guise of legitimate businesses or community organizations, while
simultaneously engaging in illegal activities.

Petty organized crime can have far-reaching consequences beyond the immediate economic
impact of the crimes themselves. The presence of these criminal activities can undermine the
rule of law, erode public trust in institutions, and foster an environment of fear and insecurity
among citizens.
 CHAPTER 4 - EXISTING LEGAL FRAMEWORKS
DEALING WITH ORGANISED CRIME:

Some of the existing legal frameworks which deals with organised crime are –

1. The Unlawful Activities (Prevention) Act (UAPA) - UAPA was enacted in 1967
with the objective to combat terrorism and unlawful activities. It also covers offences
related to organized crime, such as the possession of arms and explosives, and the
formation of unlawful associations. UAPA provides for stringent measures, including
enhanced punishment and the proscription of unlawful associations.

2. The Prevention of Money Laundering Act (PMLA) – PMLA was enacted in 2002
to combat money laundering activities, which are often associated with organized
crime syndicates. This Act defines money laundering as the process of concealing or
disguising the identity of illegally obtained proceeds to make them appear to have
originated from legitimate sources. It also tries to reduce or eliminate hawala
transactions by which money obtained through illegal means is converted into money
earn through proper channels. It provides for stringent measures, including the
attachment and confiscation of property derived from the proceeds of crime, as well
as enhanced punishment for offences related to money laundering.

3. Maharashtra Control of Organised Crime Act (MCOCA) – MCOCA was enacted

in 1999 with the aim to combat organized crime in the state of Maharashtra. Section
2(1) (e)5 of the Act defines organized crime as any continuing unlawful activity by an
individual, singly or jointly, either as a member of an organized crime syndicate or on
behalf of such syndicate, by use of violence or threat of violence, or intimidation or
coercion, or other unlawful means, with the objective of gaining pecuniary benefits or
gaining undue economic or other advantage for himself or any other person. MCOCA
provides for stringent provisions, including confiscation of property, intercepted
communications as evidence, and enhanced punishment for offences related to
organized crime.

5
Maharashtra Control of Organised Crimes Act, § 2 , Act of Legilature, 1999
 4. Karnataka Control of Organised Crimes Act (KCOCA) – KCOCA was implemented
in 2000 to combat organised crime. This was modelled on MCOCA
5. States like Gujarat Andhra Pradesh, Arunachal Pradesh, Telangana, and Gujarat have
also introduced laws to deal with organised crime. Ministry of Home Affairs have
extended the application of MCOCA to Delhi also. Haryana and Rajasthan assembly
have also passed the bill in 2023.

CONSTITUIONAL VALDITY OF MCOCA

The constitutional validity of MCOCA was challenged in Supreme Court in State of

Maharashtra v. Bharat Shanti Lal and ors6. In this case, an appeal was made by State of
Maharashtra against the Bombay HC judgement which held that Section 13 to 16 of MCOCA
it also strike down the words “or under any other act” from Section 21(5) of MCOCA. The
SC set aside the part of Bombay HC judgement and upheld the constitutional validity of
Section 13 to 16 of MCOCA and upheld the Bombay HC judgement part which strike down
the words from Section 21 (5) of MCOCA.

6
State of Maharashtra v. Bharat Shanti Lal and ors, (2008) 13 SCC 5
 CHAPTER 5 - SECTION 111 AND 112 OF BNS:

Section 1117 has 7 sub sections. Section 111(1) defines what constitutes organised crime. It
states essentials required to constitute organised crime which are – continuing law activity by
person or group of persons, by use of violence, threat of violence or any unlawful means to
obtain direct or indirect material benefit. This sections also defines organised crime
syndicate, continuing law activity and economic offence

Section 111 (2) states the punishment for committing organised crime. If organised crimes
results in death of any person, then person committing such crime shall be punished with
death or imprisonment for life and liable to fine of at least Rs. 10 lakh. For any other
consequences of organised crime, person committing such shall be liable to be imprisonment
for at least 5 years which may extend to life imprisonment and also liable to fine of at least
Rs. 5 lakh

Section 111(3) states punishment for abetment of organised crime. It makes the person who
abets liable to be imprisonment for at least 5 years which may extend to life imprisonment
and also liable to fine of at least Rs. 5 lakh

Section 111(4) states that any person who is a member of organised crime syndicate shall
liable to be imprisonment for at least 5 years which may extend to life imprisonment and also
liable to fine of at least Rs. 5 lakh.

Section 111(5) states that any person other than spouse of offender intentionally, harbours or
conceals any offender who has committed organised crime shall be liable to imprisonment for
at least 3 years which may extend to life imprisonment and fine of at least Rs. 5 lakh.

Section 111(6) states punishment for possessing property derived from commission of
organised crime. The person possessing such property shall be liable to imprisonment for at
least3 years which may extend to life imprisonment and fine of at least Rs. 2 lakh.

7
The Bharatiya Nyaya Sanhita Act, § 111, Act of Parliament, 2023
Section 111 (7) states that “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.”

Section 1128 (1) states that whoever does 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. It also
defines theft.

Section 112 (2) states punishment for committing petty organised crime which is
imprisonment for at least 1 year which may extend to 10 years and

(2) Whoever commits any petty organised crime shall be punished with imprisonment for a
term which shall not be less than one year but which may extend to seven years, and shall
also be liable to fine.

BNS has broadening the scope of organised crime unlike other State statues by using words
“any continuing unlawful activity” which includes all cognisable offences within its purview.

Organised crime is a heinous crime but the fine this sections states are large amount and it is
not substitute to imprisonment. It is addition to imprisonment.

BNS make members of organised crime syndicate liable absolutely. It makes those people
liable too who have become members by mistake or by fraud.

Section 111 (6) makes all person liable who possesses any property obtained from organised
crime. The court may interpret these section as to include those person too who took
possession in good faith.

Section 112 of BNS gives an example of criminal acts which falls under petty organised
crime but the words similar criminal act is too vague and State may use this as arbitrary
power and bring any criminal act as petty organised crime.

8
The Bharatiya Nyaya Sanhita Act, § 112, Act of Parliament, 2023
CHAPTER 6 - IMPACT OF BNS ON EXISTING LEGAL
FRAMEWORKS:

The impact of BNS on existing legal frameworks will be significantly. The courts will have
to give harmonious intepretion of Section 111 so that they do not overlap the provsions of
PMLA and UAPA significantly. The application of these may get decreased or courts must
such interpretation that PMLA and UAPA being special statues, court must interpret
organised crime in BNS to help the PMLA and UAPA provisions so that objective with these
statues were implemented can be achieved.

From 1st July 20249, State may prosecute one person under both BNS and PMLA/UAPA for
same offence. The courts will have to give special powers to PMLA and UAPA so that their
objectives can be achieved.

The BNS will significantly impact the application of MCOCA and other State organised
crime acts. BNS, being centre government will supersede the MCOCA and other State
organised crime acts, being a state government if any conflict exists between them.

Criminal Law comes under Entry 1 of the Concurrent list in Seventh Schedule. Hence,
Constitution allows both Centre and State Government to make laws with respect to criminal
law. Article 25410 talks about Inconsistent between laws made by Parliament and Legislature
of State. If there is any repugnancy between laws made by parliament and state, then laws
made by parliament will prevail unless laws made by State has received assent from
President.

9
The Hindu Bureau, Three Criminal laws to be effective from July 1 , 24th February 2024
https://www.thehindu.com/news/national/three-newly-enacted-criminal-laws-to-come-into-effect-from-july-1/
article67881602.ece
10
• I NDIA CONST. art. 254
 CHAPTER 7 - IMPLICATIONS OF PETTY
ORGANISED CRIME:

In the First Bill, Section relating to Petty Organised crime states – “Any crime that causes
general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle,
domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal
property), organised pick pocketing, snatching, theft through shoplifting or card skimming
and Automated Teller Machine thefts or procuring money in unlawful manner in public
transport system or illegal selling of tickets and selling of public examination question papers
and such other common forms of organised crime committed by organised criminal groups or
gangs, shall constitute petty organised crimes and shall include the said crimes when
committed by mobile organised crime groups or gangs that create network of contacts, anchor
points, and logistical support among themselves to carry out number of offences in region
over a period before moving on.”11

This bill had used words: “general feelings of insecurity.” These words could had far
reaching implication and would had expand the scope of petty organised crime. Also criminal
group or gang was not defined. Hence amendment was needed in this section.

The second BNS bill which became act reduce some ambiguity in scope of petty organised
crime but the words used in this – “similar criminal acts” may be interpreted broadly by Law
Enforcement authorities and Courts which will have far implications which the Parliament
may not intent to have this implications.

The judiciary would have to interpret Section 112 with utmost care as this is the first time
Petty organised crime have been introduced in India and giving broad interpretation may
deviate the objective with which parliament introduced this section and will undermine the
objective.

11
https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf
 CONCLUSION:
The introduction of Sections 111 and 112 covering organized crime and petty organized
crime in the Bharatiya Nyaya Sanhita (BNS) Act represents a significant development in
India's legal framework to combat organized criminal activities. These provisions aim to
address the growing challenges posed by both sophisticated organized crime syndicates and
loosely organized groups engaging in petty crimes that undermine public safety and security.

While Section 111 provides a comprehensive definition of organized crime and stringent
punishments, including substantial fines and imprisonment, Section 112 introduces the
concept of petty organized crime. However, the inclusion of the phrase "similar criminal acts"
in Section 112 raises concerns about potential broad interpretations by law enforcement
authorities and the judiciary.

The implementation of the BNS Act will have far-reaching implications for existing legal
frameworks, necessitating harmonious interpretations and amendments to avoid conflicts
with existing statutes like the Prevention of Money Laundering Act (PMLA) and the
Unlawful Activities (Prevention) Act (UAPA). Additionally, the BNS Act's status as a central
legislation may supersede state-level laws such as the Maharashtra Control of Organised
Crime Act (MCOCA) in case of inconsistencies.

While the introduction of organized crime and petty organized crime provisions in the BNS
Act is a step forward in combating criminal activities, it is crucial for the judiciary to interpret
these sections containing vague words with utmost care and precision. A balanced approach
that upholds the objectives of the legislation while safeguarding individual rights and
preventing arbitrary application is essential for the effective implementation of these
provisions.
 BIBLIOGRAPHY:

1. STATUES:

 Indian Penal Code 1860

 Bharatiya Nyaya Sanhita 2023
 Indian Constituion

2. ARTICLES :
 https://www.thehindu.com/news/national/three-newly-
enacted-criminal-laws-to-come-into-effect-from-july-1/
article67881602.ece
 https://byjus.com/free-ias-prep/indian-penal-code/
 https://www.svpnpa.gov.in/static/gallery/docs/
22_organizedcrimeindia.pdf
 https://blog.ipleaders.in/all-you-need-know-about-organised-
crime-india/
#Nature_and_characteristics_of_organised_crime
 https://shodhganga.inflibnet.ac.in:8443/jspui/bitstream/
10603/184830/1/minakshisinhauslls2007.pdf
 https://main.sci.gov.in/judgment/judis/32371.pdf

3. WEBSITES:
 www.Scconline.com
 www.unodc.com