Section 111 BNS : Organised crime

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Introduction of Section 111 BNS

Section 111 of the Bharatiya Nyaya Sanhita (BNS) directly targets organised crime and syndicates that commit serious offences such as contract killing, extortion, drug trafficking, cybercrime, and human trafficking. It punishes not only those who commit such crimes but also those who abet, assist, shelter criminals, or benefit from the proceeds of organised crime. The punishments are extremely severe, including death penalty, life imprisonment, and mandatory heavy fines.

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What is BNS Section 111 ?

BNS Section 111 defines and punishes organised crime. Organised crime involves continuous illegal activities carried out by a group or a network of individuals. These activities may include severe offences like contract killing, extortion, smuggling, cybercrime, and drug trafficking. The law imposes strict penalties, including imprisonment and fines, for those involved in such syndicates.

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BNS Section 111 in Simple Points

BNS Section 111(a): Organised crime resulting in death

1. Offense: If a person or group commits an organised crime that causes someone’s death, it falls under this section.
2. Punishment: The punishment for this crime is either the death penalty or life imprisonment.
3. Fine: There is a mandatory fine of at least ₹10 lakh.
4. Cognizable: The crime is considered cognizable, meaning the police can arrest the person without a warrant.
5. Non-Bailable: The accused cannot easily obtain bail and will be tried in the Court of Session.

BNS Section 111(b): Organised crime in other cases

1. Offense: This applies to organised crimes that do not result in death but involve serious unlawful activities like extortion or drug trafficking.
2. Punishment: Imprisonment of at least 5 years, but it can extend to life imprisonment.
3. Fine: The offender will be fined at least ₹5 lakh.
4. Cognizable: The police can arrest without a warrant for these offenses as they are cognizable.
5. Non-Bailable: The crime is non-bailable and will be tried in the Court of Session.

BNS Section 111(3): Abetting, attempting, or facilitating organised crime

1. Offense: This section covers those who help, encourage, or plan organised crimes, even if they don’t commit them directly.
2. Punishment: A minimum of 5 years imprisonment, which can extend to life imprisonment.
3. Fine: The individual will face a fine of not less than ₹5 lakh.
4. Cognizable: The crime is cognizable, meaning the police can make an immediate arrest.
5. Non-Bailable: No bail is granted, and the trial will take place in the Court of Session.

BNS Section 111(4): Being a member of an organised crime syndicate

1. Offense: Simply being a member of a criminal gang or syndicate that conducts organised crimes is a punishable offense.
2. Punishment: The punishment is at least 5 years imprisonment, which can extend to life imprisonment.
3. Fine: The fine for this offense is not less than ₹5 lakh.
4. Cognizable: The offense is cognizable, allowing the police to arrest without a warrant.
5. Non-Bailable: It is a non-bailable offense, and the trial takes place in the Court of Session.

BNS Section 111(5): Intentionally harbouring or concealing a person who committed organised crime

1. Offense: If someone hides or shelters a criminal involved in organised crime, they are guilty under this section.
2. Punishment: A minimum of 3 years in prison, which can extend to life imprisonment.
3. Fine: The fine is at least ₹5 lakh.
4. Cognizable: The offense is cognizable, meaning the police can arrest the person without a warrant.
5. Non-Bailable: The crime is non-bailable and is tried in the Court of Session.

BNS Section 111(6): Possessing property derived from organised crime

1. Offense: This applies to anyone found possessing property or goods obtained through organised crime.
2. Punishment: A minimum sentence of 3 years, which can extend to life imprisonment.
3. Fine: The fine is set at no less than ₹2 lakh.
4. Cognizable: The offense is cognizable, so the police can make an arrest without a warrant.
5. Non-Bailable: The offense is non-bailable and is handled by the Court of Session.

BNS Section 111(7): Possessing property on behalf of a crime syndicate

1. Offense: If someone holds property on behalf of a criminal gang or syndicate, they are guilty under this section.
2. Punishment: The sentence is at least 3 years imprisonment and can go up to 10 years.
3. Fine: The fine is no less than ₹1 lakh.
4. Cognizable: This offense is also cognizable, allowing for an arrest without a warrant.
5. Non-Bailable: The crime is non-bailable and is triable in the Court of Session.

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Bare Act – BNS Section 111 (Organised Crime)

Text (simplified in human language):

1. Organised crime resulting in death → Whoever commits an organised crime that causes the death of a person shall be punished with death penalty or life imprisonment, and shall also be liable to pay a fine of not less than ₹10 lakh.
2. Other organised crimes (not resulting in death) → In any other case of organised crime, the punishment shall be imprisonment for not less than 5 years, which may extend to life imprisonment, and a fine of not less than ₹5 lakh.
3. Abetment, attempt, or facilitation → Whoever abets, attempts, or knowingly facilitates an organised crime shall be punished with imprisonment for not less than 5 years, which may extend to life imprisonment, and a fine of not less than ₹5 lakh.
4. Membership of an organised crime syndicate → Any person who is a member of an organised crime syndicate shall be punished with imprisonment for not less than 5 years, which may extend to life imprisonment, and a fine of not less than ₹5 lakh.
5. Harbouring criminals → Whoever intentionally shelters or conceals any person involved in organised crime shall be punished with imprisonment for not less than 3 years, which may extend to life imprisonment, and a fine of not less than ₹5 lakh.
6. Possession of proceeds of crime → Whoever possesses property or money derived from organised crime shall be punished with imprisonment for not less than 3 years, which may extend to life imprisonment, and a fine of not less than ₹2 lakh.
7. Possessing property on behalf of syndicate → Whoever holds or manages property on behalf of a crime syndicate shall be punished with imprisonment for not less than 3 years, which may extend to 10 years, and a fine of not less than ₹1 lakh.

Explanation in Simple Words

• What is Organised Crime?
  Continuous criminal activity committed by a group or syndicate for financial or material gain, such as drug trafficking, extortion, human trafficking, contract killing, or cybercrime.
• Graded Punishments:
  • If organised crime causes death → Death or Life imprisonment + ₹10 lakh fine.
  • If organised crime does not cause death → Minimum 5 years, up to Life + ₹5 lakh fine.
  • If someone abets, assists, or facilitates → Same as above (5 years to Life + ₹5 lakh fine).
  • If someone is just a member of a syndicate → Same punishment (5 years to Life + ₹5 lakh fine).
  • If someone harbours criminals → Minimum 3 years to Life + ₹5 lakh fine.
  • If someone holds proceeds of crime → Minimum 3 years to Life + ₹2 lakh fine.
  • If someone holds property for the syndicate → 3 to 10 years + ₹1 lakh fine.
• Nature of Offence:
  • Cognizable → Police can arrest without a warrant.
  • Non-bailable → Bail is not easily granted.
  • Non-compoundable → Cannot be settled outside court.
  • Triable only by Court of Session.

Examples of BNS Section 111

1. Example 1: Organised Crime Resulting in Death A group of criminals, acting as part of a syndicate, kidnaps a wealthy businessman for ransom. During the crime, the businessman is killed. Under BNS Section 111(a), those involved will be charged with organised crime resulting in death and may face the death penalty or life imprisonment, along with a fine of at least ₹10 lakh.
2. Example 2: Facilitating Organised Crime An individual helps a crime syndicate by providing information and resources to carry out a drug trafficking operation. Even though they do not directly participate in the crime, their involvement falls under BNS Section 111(3), and they could face at least 5 years in prison, which may extend to life imprisonment, along with a fine of ₹5 lakh.

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BNS 111 Punishment

1. Death or Life Imprisonment: If the organized crime results in death, the offender can be sentenced to either death or life imprisonment. Additionally, a fine of not less than 10 lakhs is imposed.
2. Imprisonment for Not Less Than 5 Years: For other cases of organized crime, imprisonment of at least 5 years is mandatory, and it may extend to life imprisonment, along with a fine of not less than 5 lakhs.
3. Possession of Criminal Property: Holding or possessing property derived from organized crime can result in imprisonment for not less than 3 years and a fine of not less than 2 lakhs.
4. Abetment and Facilitation: Helping, abetting, or facilitating organized crime leads to severe punishment, with imprisonment of not less than 5 years, which may extend to life, and fines.
5. Additional Penalties: Other acts like harboring criminals or possessing property on behalf of a syndicate can lead to similar penalties, with imprisonment ranging from 3 to 10 years, depending on the offense.

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BNS 111 bailable or not ?

BNS Section 111 offenses are non-bailable. This means that individuals arrested under this section do not have the automatic right to be released on bail and must seek bail through the courts.

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Bharatiya Nyaya Sanhita Section 111

BNS Section	Offense	Punishment	Cognizable	Bailable	Court
111(a)	Organised crime resulting in death	Death or imprisonment for life, fine of not less than 10 lakhs	Yes	No	Court of Session
111(b)	Organised crime in other cases	Imprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhs	Yes	No	Court of Session
111(3)	Abetting, attempting, or facilitating organised crime	Imprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhs	Yes	No	Court of Session
111(4)	Being a member of an organised crime syndicate	Imprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhs	Yes	No	Court of Session
111(5)	Intentionally harbouring or concealing a person who committed organised crime	Imprisonment for not less than 3 years, may extend to life imprisonment, fine of not less than 5 lakhs	Yes	No	Court of Session
111(6)	Possessing property derived from organised crime	Imprisonment for not less than 3 years, may extend to life imprisonment, fine of not less than 2 lakhs	Yes	No	Court of Session
111(7)	Possessing property on behalf of a crime syndicate	Imprisonment for not less than 3 years, may extend to 10 years, fine of not less than 1 lakh	Yes	No	Court of Session

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BNS Section 111 FAQs

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Conclusion

BNS Section 111 is one of the strongest provisions of the Bharatiya Nyaya Sanhita. It directly targets criminal syndicates and ensures that not only those committing crimes but also those abetting, harbouring, or benefiting from organised crime face strict punishment. By prescribing mandatory minimum punishments and heavy fines, this section aims to dismantle the financial and operational strength of organised crime networks, protecting society from their long-term influence.

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