Organised crime
What this section does
Defines 'organised crime' as any continuing unlawful activity (kidnapping, robbery, extortion, cyber-crimes, trafficking, etc.) carried out by a person or group acting as or on behalf of an organised crime syndicate, using violence, intimidation or other unlawful means to obtain material benefit. The section also defines key terms such as 'organised crime syndicate', 'continuing unlawful activity', and 'economic offence'. It creates multiple distinct offences: committing, abetting/facilitating, membership, harbouring, and possession of proceeds.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- If the offence results in death: death or imprisonment for life + fine not less than ₹10 lakh. In any other case (s.111(2)(b)): imprisonment not less than 5 years up to life + fine not less than ₹5 lakh. Abetment/conspiracy/facilitation/preparation (s.111(3)): not less than 5 years up to life + fine not less than ₹5 lakh. Mere membership (s.111(4)): not less than 5 years up to life + fine not less than ₹5 lakh. Harbouring/concealing (s.111(5)): not less than 3 years up to life + fine not less than ₹5 lakh. Possession of proceeds (s.111(6)): not less than 3 years up to life + fine not less than ₹2 lakh. Unexplained possession on behalf of syndicate member (s.111(7)): not less than 3 years up to 10 years + fine not less than ₹1 lakh.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Existence of an organised crime syndicate (two or more persons acting as a syndicate or gang)
- Engagement in a 'continuing unlawful activity' — a cognizable offence punishable with 3+ years imprisonment, with more than one charge-sheet filed before a competent court within the preceding 10 years and cognizance taken
- The activity falls within the enumerated categories (kidnapping, robbery, extortion, cyber-crimes, trafficking, economic offence, etc.) or is otherwise an unlawful activity for material/financial benefit
- Use of violence, threat of violence, intimidation, coercion, or other unlawful means
- Act done singly or jointly, as a member of or on behalf of the syndicate
Practitioner note
This is a new provision in BNS with no direct IPC equivalent; it draws conceptually from MCOCA/TADA-type state legislation. The harbouring offence (s.111(5)) expressly exempts the spouse of the offender. 'Continuing unlawful activity' requires more than one charge-sheet filed and cognizance taken within the preceding 10 years — a strict threshold practitioners must verify before invoking this section.
Read the official text
For the binding statutory text of BNS Section 111, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 111 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.