Section 111 BNS
Section 111 BNS – Organised crime.
- Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, 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,- “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;
- “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;
- “economic offences” include 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.
- Whoever, commits organised crime shall,
- 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;
- 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.
- 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.
- 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.
- 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. - 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.
- 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.
Explanation: For the purposes of this section, “proceeds of any organised crime” means all kind of properties which have been derived or obtained from commission of any organised crime or have acquired through funds traceable to any organised crime and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found.
Section 111 of the Bharatiya Nyaya Sanhita (BNS), 2023 is one of the most stringent and powerful provisions in the new criminal law framework, aimed specifically at tackling organised crime syndicates and their vast criminal networks.
🔍 Explanation of BNS Section 111 in English: Organised Crime
Section 111 criminalises organised crime, defined as:
Any continuing unlawful activity (kidnapping, extortion, cybercrime, drug trafficking, etc.) by an individual or group acting on behalf of a syndicate using violence, coercion, or illegal means to earn direct or indirect material (usually financial) gain.
✳️ Key Definitions under Section 111:
- Organised crime syndicate: Group of 2 or more people involved in ongoing unlawful activities.
- Continuing unlawful activity: Cognizable offences (punishable with 3+ years) where 2 or more charge sheets have been filed in 10 years, and court has taken cognizance.
- Economic offences: Includes breach of trust, forgery, currency counterfeiting, hawala, mass fraud, or defrauding institutions.
🧩 Main Points (Simplified)
| Clause | Explanation |
|---|---|
| 111(1) | Defines organised crime and syndicate. |
| 111(2) | If death is caused → Death penalty or Life imprisonment + Fine (₹10 lakh min). |
| 111(3) | All other cases → Min 5 years up to Life + Fine (₹5 lakh min). |
| 111(4) | Attempt/abetment/conspiracy → Same as above. |
| 111(5) | Being a syndicate member → 5 years to Life + Fine (₹5 lakh min). |
| 111(6) | Harbouring/Concealing offender → 3 years to Life + Fine (₹5 lakh min). |
| 111(7) | Possessing crime proceeds → 3 years to Life + Fine (₹2 lakh min). |
| 111(8) | Unexplained possession of syndicate property → 3–10 years + Fine (₹1 lakh min). |
👮♂️ How Police Use BNS Section 111
- Investigation under Organised Crime is aggressive and often involves:
- Multiple FIRs
- Property seizure under proceeds of crime clause
- Arrests without warrant (since most clauses are cognizable and non-bailable)
- Use of surveillance and financial tracking (especially in economic offences)
Advocate Sudhir Rao emphasizes that once police label a group as a syndicate, even minor offences may be clubbed to invoke Section 111, drastically increasing risk and punishment for all involved.
⚖️ How to Protect Yourself If Accused
- Do not give any statement without your lawyer present.
- Avoid signing confessions or admitting to “past associations”.
- Avoid social media or digital links with persons under organised crime probe.
- If property is seized, document everything—and challenge under Article 300A (Right to Property).
- If FIR includes Section 111, immediately seek anticipatory or regular bail with expert help.
🔷 Advocate Sudhir Rao strongly recommends filing a writ petition or a quash petition under CrPC 482 if charges are falsely framed.
📝 If You Are a Complainant
- Document and report pattern-based criminal activity, not isolated incidents.
- Work with cyber or economic offence wings if digital/fraud is involved.
- Request investigation under organised crime angle if:
- Multiple victims exist
- There’s syndicate-like behavior
- Similar FIRs already exist
👨⚖️ How a Good Lawyer Helps You
- Advocate Sudhir Rao, with his expertise in cybercrime and economic offences, can:
- Analyze whether Section 111 is wrongly applied.
- Help you get bail in non-bailable clauses by establishing lack of syndicate connection.
- Argue misuse of police power if you’re not part of a “continuing unlawful activity”.
- Protect your financial interests if property is seized.
- Defend you against abetment/conspiracy charges by showing lack of intent or active role.
🔥 Most Frequently Asked Questions (FAQs)
🏛️ 111 BNS triable by which Court?
- Sessions Court. All offences under Section 111 are triable by a Court of Sessions.
⚖️ Is BNS 111 bailable or non-bailable?
- Non-bailable in all clauses, due to the seriousness and punishment involved.
🔗 Is Section 111 cognizable?
- Yes. Police can arrest without a warrant and start investigation directly.
📌 Section 111(2) BNS – Death Clause?
- If organised crime leads to death of any person, punishment is:
- Death or Life imprisonment
- Fine: Not less than ₹10 lakh
💬 BNS Section 111(7): Crime proceeds possession?
- If found in possession of property gained via organised crime → 3 years to life imprisonment + fine not less than ₹2 lakh
🌐 Section 111 BNS in Hindi?
- संगठित अपराध से संबंधित कोई भी गतिविधि जिसमें हिंसा, धमकी, जबरदस्ती आदि के जरिए आर्थिक लाभ प्राप्त किया गया हो, संगठित अपराध माना जाएगा।
📍 Section 111 in Telugu?
- సంఘటిత నేరాలు — ఆర్థిక లాభం కోసం సంయుక్తంగా అక్రమ కార్యకలాపాల్లో పాల్గొనడం, హింస లేదా బెదిరింపులతో నేరాల పాల్పడటం.
🔍 What is Petty Organised Crime under BNS?
- No direct term “petty” exists in BNS, but minor offences done repeatedly by a gang can be escalated under 111 if they meet the continuing unlawful activity criteria (2+ FIRs over 10 years).
✅ Summary of Actions
| Stakeholder | What To Do |
|---|---|
| Accused | Hire a lawyer immediately, avoid confessions, document seizure, seek bail/quash FIR |
| Complainant | Record pattern of crimes, highlight multiple victims, insist on syndicate investigation |
| Lawyer | Verify “continuing unlawful activity” clause, challenge syndicate link, argue for discharge |
If you’re involved in or wrongly implicated under BNS Section 111, this is not a petty charge. It carries minimum punishments starting from 3 years to death penalty. Early legal advice from an expert like Advocate Sudhir Rao, who has handled complex cyber and economic offence cases, can be the decisive factor in your defense.
