BNS Section 111 — Organised crime

Summary

Sub-section (1) defines organised crime. It means any continuing unlawful activity, such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, or human trafficking for prostitution or ransom. This activity must be done by any person or a group of persons acting together, either alone or jointly, as a member of an organised crime syndicate or on its behalf. The activity must use violence, threat of violence, intimidation, coercion, or any other unlawful means, and must be done to obtain a direct or indirect material benefit, including a financial benefit.

Under the Explanation to sub-section (1), clause (i) defines an organised crime syndicate as a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity.

Under clause (ii) of the Explanation, continuing unlawful activity means an activity prohibited by law that is a cognizable offence punishable with imprisonment of three years or more. It must be undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on its behalf. For this activity to count, more than one charge-sheet must have been filed before a competent Court within the preceding ten years, and that Court must have taken cognizance of the offence. This definition also includes economic offence.

Under clause (iii) of the Explanation, economic offence includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud, running any scheme to defraud several persons, or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form.

Sub-section (2) sets the punishment for committing organised crime. Under clause (a), if the offence has resulted in the death of any person, the punishment is death or imprisonment for life, and the offender shall also be liable to a fine which shall not be less than ten lakh rupees. Under clause (b), in any other case, the punishment is imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and the offender shall also be liable to a fine which shall not be less than five lakh rupees.

Sub-section (3) deals with those who abet, attempt, conspire, or knowingly facilitate the commission of an organised crime, or otherwise engage in any act preparatory to an organised crime. Such a person shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to a fine which shall not be less than five lakh rupees.

Sub-section (4) states that any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to a fine which shall not be less than five lakh rupees.

Sub-section (5) states that whoever intentionally harbours or conceals any person who has committed the offence of organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to a fine which shall not be less than five lakh rupees. The proviso to this sub-section states that this punishment shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

Sub-section (6) states that whoever possesses any property derived or obtained from the commission of an organised crime, or proceeds of any organised crime, or property which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to a fine which shall not be less than two lakh rupees.

Sub-section (7) states that if any person on behalf of a member of an organised crime syndicate is, or at any time has been, in possession of movable or immovable property which he cannot satisfactorily account for, that person shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years, and shall also be liable to a fine which shall not be less than one lakh rupees.

Official Text

(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 a financial benefit, shall constitute organised crime.

Explanation.—For the purposes of this sub-section,—

(i) “organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity;

(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;

(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form.

(2) Whoever commits organised crime shall,—

(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;

(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

(4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

(5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees:

Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

(6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.

(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)