Section 112 BNS or Section 112 of Bharatiya Nyaya Sanhita talks about ““Petty organised crime.”“
Section 112 BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act
Definition of Section 112 BNS
(1) Whoever, being a member of a group or gang, either singly or jointly, commits 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.
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine.
(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.
BNSS Classification
- Imprisonment for not less than 1 year but which may extend to 7 years and fine.
- Cognizable
- Non-Bailable
- Triable by Magistrate of the first class.
Detailed Explanation of BNS Section 112 – Petty Organised Crime (English)
🔹 Legal Definition under BNS Section 112
Section 112 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with petty organised crimes committed by individuals who are part of a group or gang. It criminalizes minor but organised offenses that are carried out repeatedly or in collaboration with others.
👉 As per BNS Section 112(1) :
“Whoever, being a member of a group or gang, either singly or jointly, commits 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.”
✅ Explanation of Theft includes:
- Trick theft
- Theft from vehicles, homes, or business premises
- Cargo theft
- Pickpocketing
- ATM theft
- Card skimming
- Shoplifting
👉 Section 112(2) – Punishment:
Imprisonment for a term not less than 1 year, extendable up to 7 years, and also liable to fine.
🔹 Key Features & Main Points
| Aspect | Details |
|---|---|
| Type of Crime | Petty but organised and repeat crimes by gang or group members |
| Includes | Theft, cheating, ticket black marketing, gambling, etc. |
| Minimum Punishment | 1 year imprisonment |
| Maximum Punishment | 7 years imprisonment + Fine |
| Cognizable? | Yes |
| Bailable? | No, it is Non-bailable |
| Trial Authority | Magistrate of the First Class |
🔹 How Police Use Section 112 BNS
Police often invoke Section 112:
- During raids on betting or gambling dens
- When arresting habitual petty criminals operating in small gangs
- In cases of pickpocketing or shoplifting gangs caught through surveillance
- In cheating rings that target ATMs, card skimming, or mobile fraud
They treat it as a serious crime due to its organised nature, even if the value of theft or fraud is low.
🔹 How to Protect Yourself if Accused
If you are accused or arrested under Section 112 BNS:
- Do not resist arrest, but remain calm and respectful.
- Ask for the grounds of arrest in writing.
- Do not sign any confession without consulting a lawyer.
- Avoid speaking to police without legal representation.
🛡️ Expert Legal Tip by Advocate Sudhir Rao:
If you’ve been wrongfully implicated or simply associated with a group without actual involvement, a skilled criminal lawyer like Advocate Sudhir Rao can help get the charges quashed or secure bail swiftly. He has extensive experience in dealing with group conspiracy cases and habitual offender tagging under new BNS provisions.
🔹 Role of a Good Lawyer in Section 112 Cases
A competent criminal defense advocate (such as Advocate Sudhir Rao) can:
- Challenge the “group/gang” link if it’s weakly established.
- Argue that the act was individual, not organised, and thus doesn’t qualify under Section 112.
- File a bail petition with solid grounds if you have no prior criminal record.
- Prevent police misuse or overreach in name of organised crime.
- Get false FIR quashed or seek discharge before charges are framed.
🔹 If You Are the Complainant (Victim)
- File a detailed written complaint highlighting the repeated and group-based nature of the crime.
- Mention losses and damages clearly to attract attention under Section 112.
- Collect evidence like CCTV footage, chat screenshots, transaction details.
- Police take group crimes more seriously, so clearly mention all involved persons and their roles.
🔹 If You Are Accused or Suspect
- Don’t ignore any police notice or summons.
- Immediately retain a lawyer, preferably one experienced in cyber and organised crime cases (like Advocate Sudhir Rao).
- Gather evidence of your absence or non-involvement (location, messages, alibis).
- Avoid media exposure or public statements without legal advice.
🔹 Most Commonly Asked Questions About BNS Section 112
| ❓ Question | ✅ Answer |
|---|---|
| Is Section 112 of BNS bailable? | ❌ No, it is Non-Bailable |
| Is it cognizable or non-cognizable? | ✅ Cognizable – Police can arrest without warrant |
| What is petty organised crime under Section 112? | Organised group crimes like theft, snatching, cheating, betting, etc. |
| Can I get bail under Section 112? | Yes, but only from court and with strong legal representation |
| What is the minimum punishment under Section 112? | Minimum 1 year imprisonment and fine |
| What if I was present but didn’t commit the crime? | Legal aid from an expert like Advocate Sudhir Rao is crucial to defend |
| Is card skimming included in BNS Section 112? | ✅ Yes, explicitly included |
| Can this section apply to online cheating or fraud groups? | ✅ Yes, if done in organised gang format |
| What to do if falsely implicated by rivals or jealous parties? | Consult a seasoned lawyer like Advocate Sudhir Rao to file for quashing |
✅ Conclusion
Section 112 BNS aims to curb petty but repetitive and coordinated crimes by criminal groups. Although the acts may seem minor in isolation, their organised nature makes the punishment severe.
💼 Whether you’re a victim seeking justice or a person falsely accused, legal expertise is key. Advocate Sudhir Rao, with his deep understanding of both old IPC and new BNS, has proven strategies to protect your rights and secure favorable outcomes.
