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Introduction of Section 111 BNS

Bharatiya Nyaya Sanhita (BNS) Section 111 addresses crimes committed by organised groups or individuals acting in concert for unlawful purposes. This section deals with serious criminal activities such as kidnapping, extortion, drug trafficking, human trafficking, and other activities conducted by criminal syndicates. These offences are often carried out over a long period and are intended to gain financial or material benefits, either directly or indirectly.



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.

illustrating the laws and punishments under BNS Section 111 for organized crime
Overview of Bharatiya Nyaya Sanhita Section 111, focusing on organized crime and its punishments

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.

Section 111 BNS Overview

BNS Section 111 specifically targets organised criminal activities. It penalises individuals who commit, abet, or are involved in activities that fall under organised crime. This section also covers those who help facilitate organised crime or who possess or conceal assets related to it. The key characteristic of these offences is the involvement of a group or syndicate working together to commit ongoing illegal activities.

Bharatiya Nyaya Sanhita (BNS) Section 111: 10 Key Points

  1. Organised Crime Definition: BNS Section 111 covers serious crimes that are committed by groups or individuals working together as part of a criminal syndicate. This includes crimes such as kidnapping, extortion, robbery, drug trafficking, human trafficking, and contract killing.
  2. Crimes Resulting in Death: If an organised crime results in the death of a person, the offender may be sentenced to death or life imprisonment. Additionally, there is a mandatory fine of at least ₹10 lakh.
  3. Organised Crimes Without Death: In cases where the crime does not result in death, the punishment includes a minimum of 5 years of imprisonment, which may extend to life imprisonment. The fine in such cases starts from ₹5 lakh.
  4. Abetting or Facilitating Organised Crime: Individuals who help, plan, or encourage others to commit organised crimes fall under this section. They face a minimum imprisonment of 5 years, which may extend to life, and a fine of at least ₹5 lakh.
  5. Membership in a Crime Syndicate: Merely being a member of an organised crime syndicate is a punishable offense. The person may face imprisonment starting from 5 years, which can be extended to life imprisonment, along with a fine of at least ₹5 lakh.
  6. Harbouring Criminals: If a person intentionally hides or shelters someone involved in organised crime, they are guilty under BNS 111. The punishment includes a minimum of 3 years of imprisonment, which can extend to life imprisonment, along with a fine of at least ₹5 lakh.
  7. Possessing Property from Organised Crime: If a person is found with property derived from organised crime, they may face a minimum of 3 years imprisonment, which can extend to life, and a fine of at least ₹2 lakh.
  8. Possessing Property for a Syndicate: If someone holds property on behalf of a crime syndicate, the punishment is a minimum of 3 years, which may extend to 10 years, along with a fine of at least ₹1 lakh.
  9. Cognizable Offenses: All crimes under Section 111 are cognizable, meaning that the police can arrest the accused without a warrant, as the nature of the crimes is serious and involves organised crime syndicates.
  10. Non-Bailable Offenses: None of the offenses under this section are bailable. This means that individuals accused of crimes under this section cannot obtain bail easily and will be held in custody until their trial in the 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.

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.
Punishment details for organized crime under BNS Section 111,
Punishments under BNS Section 111 include death, life imprisonment, and heavy fines for organized crime

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.


Bharatiya Nyaya Sanhita Section 111

BNS SectionOffensePunishmentCognizableBailableCourt
111(a)Organised crime resulting in deathDeath or imprisonment for life, fine of not less than 10 lakhsYesNoCourt of Session
111(b)Organised crime in other casesImprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhsYesNoCourt of Session
111(3)Abetting, attempting, or facilitating organised crimeImprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhsYesNoCourt of Session
111(4)Being a member of an organised crime syndicateImprisonment for not less than 5 years, may extend to life imprisonment, fine of not less than 5 lakhsYesNoCourt of Session
111(5)Intentionally harbouring or concealing a person who committed organised crimeImprisonment for not less than 3 years, may extend to life imprisonment, fine of not less than 5 lakhsYesNoCourt of Session
111(6)Possessing property derived from organised crimeImprisonment for not less than 3 years, may extend to life imprisonment, fine of not less than 2 lakhsYesNoCourt of Session
111(7)Possessing property on behalf of a crime syndicateImprisonment for not less than 3 years, may extend to 10 years, fine of not less than 1 lakhYesNoCourt of Session
Bharatiya Nyaya Sanhita Section 111

BNS Section 111 FAQs

What is organised crime under BNS Section 111?

Organised crime includes any continuous criminal activity such as kidnapping, robbery, trafficking, extortion, etc., usually committed by groups or syndicates.

What is the punishment if organised crime results in death?

The punishment is either death or life imprisonment, with a fine of not less than Rs. 10 lakhs.

Can someone be granted bail under BNS Section 111?

No, offenses under this section are non-bailable, meaning the accused cannot easily be released on bail.

What is the role of the Court of Session in cases under BNS Section 111?

All cases under BNS Section 111 are tried by the Court of Session, as these are serious and grave offenses.


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