(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 currencynotes, 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.
Simplified Explanation
Section 111 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses the issue of organised crime and outlines both the activities that qualify as organised crime and the punishments for those involved in such crimes, including syndicate members, abettors, and facilitators.
Text of Section 111
Sub-section (1) – Definition of Organised Crime
The section defines organised crime as any continuing unlawful activity involving crimes such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killings, economic offenses, cyber-crimes, human trafficking, drug trafficking, and other illicit activities. These crimes can be committed by individuals or groups acting either singly or as part of a gang (referred to as an organised crime syndicate) using violence, threats, intimidation, or coercion to obtain material or financial benefits.
- Organised Crime Syndicate: A group of two or more people who engage in continuing unlawful activities.
- Continuing Unlawful Activity: An activity that is punishable by imprisonment of three years or more and has led to multiple charge sheets being filed in the last 10 years.
- Economic Offenses: Includes activities such as fraud, counterfeiting, hawala transactions, and schemes to defraud financial institutions or organizations for monetary benefits.
Sub-section (2) – Punishments for Organised Crime
This sub-section outlines the punishments for committing organised crime based on the severity of the offense:
- If the offence results in death: The punishment is death or life imprisonment, with a fine of no less than 10 lakh rupees.
- In any other case (where no death occurs): The punishment is imprisonment for at least 5 years, which can extend to life imprisonment, with a fine of no less than 5 lakh rupees.
Sub-section (3) – Punishment for Abetment, Attempt, or Conspiracy
If someone abets, attempts, conspires, or knowingly facilitates the commission of organised crime, or engages in preparatory acts to commit such a crime, they will be punished with imprisonment for at least 5 years, which can extend to life imprisonment, and a fine of no less than 5 lakh rupees.
Sub-section (4) – Punishment for Membership of an Organised Crime Syndicate
A person who is a member of an organised crime syndicate shall be punished with imprisonment for at least 5 years, which can extend to life imprisonment, and a fine of no less than 5 lakh rupees.
Sub-section (5) – Punishment for Harbouring or Concealing an Offender
Anyone who harbours or conceals a person who has committed an organised crime will be punished with imprisonment for at least 3 years, which can extend to life imprisonment, and a fine of no less than 5 lakh rupees. However, this provision does not apply to the spouse of the offender.
Sub-section (6) – Punishment for Possessing Property from Organised Crime
If someone is found in possession of property or proceeds derived from organised crime, they will face imprisonment for at least 3 years, which can extend to life imprisonment, and a fine of no less than 2 lakh rupees.
Sub-section (7) – Punishment for Possessing Unexplained Property on Behalf of an Organised Crime Syndicate
If a person holds movable or immovable property on behalf of a member of an organised crime syndicate, and cannot satisfactorily account for it, they will face imprisonment for at least 3 years, which can extend to 10 years, and a fine of no less than 1 lakh rupees.
Key Points
- Organised Crime Syndicate: A group of two or more people involved in criminal activities such as theft, trafficking, murder, extortion, and fraud, conducted over a continuing period.
- Continuing Unlawful Activity: Any unlawful activity that results in the filing of more than one charge sheet in the preceding 10 years for a cognizable offense punishable with 3 years or more imprisonment.
- Economic Offenses: Includes frauds, counterfeiting, and financial crimes, which are part of organised crime activities.
- Punishments: The severity of punishment varies based on the outcome of the crime (e.g., death or injury) and whether the individual is a syndicate member, abettor, or facilitator. Penalties include imprisonment, life sentences, death penalty, and substantial fines.
Conclusion
Section 111 focuses on the punishment for organised crime and includes a broad range of unlawful activities, from violent crimes like kidnapping and robbery to economic offenses such as fraud and cyber-crime. The section provides strict penalties for members of an organised crime syndicate, those who abet, facilitate, or participate in such crimes, and those who profit from or possess property derived from these criminal activities. This provision plays a key role in tackling organised crime and ensuring that perpetrators face severe consequences for their involvement.
