Organised Crime and Terrorist Act

BNS S.111 (organised crime), S.112 (petty organised crime) and S.113 (terrorist act) are entirely new provisions. The IPC had no equivalent. They bring into the general penal code offences previously dealt with only under special laws (MCOCA, UAPA), making them available to any State without requiring a special enactment.

Organised Crime (S.111)

Definition: S.111(1)

Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, 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 financial benefit.

Key Definitions (Explanation to S.111(1))

Punishment: S.111(2) to S.111(7)

Petty Organised Crime (S.112)

Definition: S.112(1)

A member of a group or gang, 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.

"Theft" includes: trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick-pocketing, card skimming, shoplifting, ATM theft.

Punishment

1 to 7 years + fine.

Terrorist Act (S.113)

Definition: S.113(1)

Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or with intent to strike terror in the people:

(a) By using bombs, dynamite, explosives, firearms, lethal weapons, poisonous or noxious gases, chemicals, biological, radioactive or nuclear substances, or any other hazardous means, causing or likely to cause:

• (i) death or injury
• (ii) loss of or damage to property
• (iii) disruption of essential supplies or services
• (iv) damage to monetary stability (counterfeit currency)
• (v) damage to defence property

(b) Overawes by criminal force or show of criminal force, or causes death of any public functionary

(c) Detains, kidnaps or abducts any person threatening to kill or injure, to compel a government or international organisation to do or abstain from doing any act

Punishment: S.113(2) to S.113(7)

The UAPA Overlap (Explanation to S.113(7))

"An officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967."

This means:

• The two are alternative, not cumulative.
• The investigating officer makes the routing decision at the registration stage.
• The UAPA has its own procedures (NIA, special courts, bail restrictions). S.113 BNS uses ordinary criminal procedure.

Recall Check

1. What is "continuing unlawful activity" for the purposes of S.111?
2. Name three offences included in the definition of organised crime.
3. What is the punishment for a terrorist act resulting in death?
4. Who decides whether to register under S.113 BNS or under the UAPA?

Distinctions

Flashcards

Exam Scenario

Problem: A gang of four persons has been operating a vehicle theft ring for three years. Three charge-sheets have been filed against them in this period and cognizance taken, but they have not been convicted. They are now caught stealing another vehicle. The prosecution charges them under BNS S.111 (organised crime). They argue that since they have never been convicted, and since vehicle theft is merely S.303 (theft, 3 years), the charge under S.111 is excessive. Separately, a lone individual plants a bomb at a railway station intending to coerce the State Government into releasing certain prisoners. No one is killed but property is damaged. Advise on both.

Step 1: Test the vehicle theft gang under S.111

All elements are satisfied. S.111 applies.

The defence argument that conviction is needed is wrong. The definition requires only that charge-sheets have been filed and cognizance taken, not that convictions have been obtained.

Punishment: S.111(2)(b): 5 years to life + fine not less than Rs. 5 lakhs (no death caused).

Step 2: Test the bomber under S.113

S.113 is made out. Since no death occurred, S.113(2)(b) applies: 5 years to life + fine.

Step 3: Address the UAPA overlap for the bomber

The SP must decide whether to register under S.113 BNS or the UAPA. If registered under S.113 BNS, ordinary criminal procedure applies. If under the UAPA, special procedures (NIA investigation, designated court, stricter bail) apply.

The choice does not affect the accused's guilt, only the procedural framework.

Conclusion. The vehicle theft gang is liable under S.111 (5 years to life). The lone bomber is liable under S.113 (5 years to life, no death). The SP decides whether S.113 or UAPA governs the bomber's case.

See Also

• Theft, Extortion, Robbery and Dacoity : the underlying property offences that may constitute the "continuing unlawful activity" for S.111.
• Offences against the State : waging war (S.147) and sedition-replacement (S.152), which overlap with S.113 territory.
• Criminal Conspiracy : S.61 conspiracy may be charged alongside S.111(3) or S.113(3).