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Organised Crime

Organised Crime under BNS

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Jamanul Hassan
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41 views2 pages

Organised Crime

Organised Crime under BNS

Uploaded by

Jamanul Hassan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Bharatiya Nyaya Sanhita, 2023 - Section 111: 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-sheet has 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, financial institution, or any other institution or
organisation for obtaining monetary benefits in any form.
(2) Punishments for Committing Organised Crime
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 a fine not
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 may extend to life imprisonment, and
shall also be liable to a fine not less than five lakh rupees.
(3) Abetment, Conspiracy, and Facilitation of Organised Crime
Whoever abets, attempts, conspires, or knowingly facilitates the commission of
organised crime, or otherwise engages in any act preparatory to an organised
crime, shall be punished with imprisonment for a term not less than five years
but may extend to life imprisonment, and shall also be liable to a fine not less
than five lakh rupees.

(4) Membership in 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 may extend to life
imprisonment, and shall also be liable to a fine not less than five lakh rupees.

(5) Harbouring or Concealing Offenders


Whoever, intentionally, harbours or conceals any person who has committed the
offence of organised crime shall be punished with imprisonment for a term not
less than three years but may extend to life imprisonment, and shall also be
liable to a fine not 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) Possession of Property from Organised Crime


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
not less than three years but may extend to life imprisonment and shall also be
liable to a fine not less than two lakh rupees.

(7) Unaccountable Possession of Property


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, he shall be punishable with imprisonment for a
term not less than three years but may extend to ten years, and shall also be
liable to a fine not less than one lakh rupees.

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