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Bharatiya Nyaya Sanhita 2023
Section 111 :
Organised crime :
Section : 111(2)(a)
Classification of Offence:
Offence : Organised crime resulting in death of any person.
Punishment : Death or imprisonment for life and fine not less than 10 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(2)(b)
Classification of Offence:
Offence : In any other case.
Punishment : Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(3)
Classification of Offence:
Offence : Abetting, attempting, conspiring the commission of orginised crime.
Punishment : Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(4)
Classification of Offence:
Offence : Being a member of an organised crime syndicate.
Punishment : Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(5)
Classification of Offence:
Offence : Intentionally harbouring or concealing any person who committed offence of organised crime.
Punishment : Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(6)
Classification of Offence:
Offence : Possessing property derived, or obtained from the commission of organised crime.
Punishment : Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 111(7)
Classification of Offence:
Offence : Possessing property on behalf of a member of an organised crime syndicate.
Punishment : Imprisonment for not less than 3 years but which may extend to 10 years and fine of not less than 1 lakh rupees.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Nonbailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
(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, conspires or organises the commission of an organised crime, or assists, facilitates or otherwise engages in any act preparatory to an organised crime, shall be punishable 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 rupees five lakhs.
(4) Any person who is a member of an organised crime syndicate shall be punishable 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 rupees five lakhs.
(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.