Chapter VI: Offences Affecting the Human Body U/Sec. 111. (1) define the organized crime. it means any continuing unlawful activity, including but not limited to kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, severe cyber-crimes, and trafficking of persons, drugs, weapons, or illicit goods or services, as well as human trafficking for purposes such as prostitution or ransom, conducted by any individual or group acting in concert, whether singly or jointly, as a member of an organized crime syndicate or on behalf of such a syndicate, by employing violence, threats of violence, intimidation, coercion, or any other unlawful means to obtain direct or indirect material benefits, including financial gain, shall constitute organized crime.

Explanation:
For the purposes of this subsection:
(i) “Organized crime syndicate” refers to a group of two or more individuals who, either singly or jointly, as a syndicate or gang, engage in any continuing unlawful activity.
(ii) “Continuing unlawful activity” denotes any activity prohibited by law that 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 organized crime syndicate or on behalf of such a syndicate. This includes activities for which more than one charge-sheet has been filed before a competent court within the preceding ten years, and the court has taken cognizance of such offences. It also encompasses economic offences.
(iii) “Economic offence” includes crimes such as criminal breach of trust, forgery, counterfeiting of currency notes and government stamps, hawala transactions, mass-marketing fraud, or any scheme intended to defraud multiple persons or defraud any bank or financial institution to obtain monetary benefits in any form.

(2) The punishment for committing organized crime shall be as follows:
(a) If the offence results in the death of any person, the perpetrator shall be punished with death or imprisonment for life and shall also be liable to a fine of not less than ten lakh rupees.
(b) In any other case, the perpetrator shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(3) Any person who abets, attempts, conspires, or knowingly facilitates the commission of organized crime, or engages in any preparatory acts for organized crime, shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(4) Any individual who is a member of an organized crime syndicate shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(5) Whoever intentionally harbors or conceals any person who has committed organized crime shall be punished with imprisonment for a term not less than three years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees. This subsection shall not apply if the harboring or concealment is done by the spouse of the offender.

(6) Whoever possesses any property derived from or obtained through the commission of organized crime, or the proceeds of organized crime, shall be punished with imprisonment for a term not less than three years, which may extend to life imprisonment, and shall also be liable to a fine of not less than two lakh rupees.

(7) If any person, on behalf of a member of an organized crime syndicate, possesses movable or immovable property that cannot be satisfactorily accounted for, they shall be punished with imprisonment for a term not less than three years, which may extend to ten years, and shall also be liable to a fine of not less than one lakh rupees.

Description:
This section is dedicated to combating organized crime, eliminating any space for unlawful activities orchestrated by syndicates that pose a grave threat to the internal security of the country.

Key Points:

• Definition: Section 111(1) of BNS 2023 defines organized crime, covering a range of offenses such as kidnapping, robbery, vehicle theft, extortion, contract killing, severe cyber-crimes, and human trafficking.
• Petty Organized Crime: Offences not clearly defined or non-existent in the previous statute are now addressed in a separate section, 112 (Petty Organized Crime), which includes snatching, shoplifting, betting or gambling, and selling examination papers.
• Clarifications: It further explains organized crime syndicates and continuous unlawful activities. Acts committed individually or by organized crime syndicates, using violence, threats, or coercion, are now punishable.
• Economic Offences: Defined to include a range of crimes such as criminal breach of trust, forgery, counterfeiting currency notes, hawala transactions, mass-marketing fraud, and schemes to defraud institutions.

Stringent Punishment:

• If the offence results in the loss of life, the perpetrator faces the death penalty or life imprisonment, with a mandatory fine of not less than Rs. 10 lakhs.
• Provisions exist for individuals aiding in the commission of organized crimes, being a member of an organized syndicate, intentionally harboring or concealing any person committing organized crime, and dealing with proceeds of organized crime, outlining appropriate punishments.

Cognizable and Non-bailable Offence:
Organized crime is a cognizable and non-bailable offence, triable by a Sessions court, ensuring stringent punishment for such activities.

Conclusion

The BNS has taken significant steps to address the multifaceted threat of organized crime by introducing clear and comprehensive definitions and stringent punishments for such offences. By defining organized crime in Section 111(1), including a range of severe activities such as kidnapping, robbery, and human trafficking, and providing detailed explanations of terms like “organized crime syndicate” and “continuing unlawful activity,” the BNS aims to ensure no ambiguity in the legal framework.

Additionally, the introduction of Section 112, which covers petty organized crimes such as snatching and shoplifting, helps in addressing offences that were previously undefined or non-existent in the statute. This two-tier approach enables law enforcement agencies to tackle both major and minor organized crimes effectively.

The law prescribes severe punishments for those involved in organized crime, including death or life imprisonment for offences resulting in death and substantial fines. It also outlines penalties for those who abet, attempt, conspire, or facilitate organized crimes, members of organized crime syndicates, and individuals harboring offenders or possessing proceeds from organized crime.

By categorizing organized crime as a cognizable and non-bailable offence triable by Sessions courts, the BNS reinforces its commitment to internal security and public safety. The robust legal framework ensures that organized crime syndicates cannot operate with impunity, thereby protecting citizens from the pervasive threat of organized crime and maintaining public order and trust in the legal system.