(1) Whoever, being a member of a group or gang, either 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, is said to commit petty organised crime.
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Simplified Explanation
Section 112 of the Bharatiya Nyaya Sanhita (Indian Penal Code) defines and addresses petty organised crime and prescribes punishments for individuals involved in certain criminal activities committed as part of a group or gang.
Text of Section 112
Sub-section (1) – Definition of Petty Organised Crime
The section defines petty organised crime as any act committed by a member of a group or gang, either singly or jointly, that involves criminal acts such as:
- Theft (including various forms like trick theft, vehicle theft, etc.)
- Snatching
- Cheating
- Unauthorised selling of tickets
- Unauthorised betting or gambling
- Selling of public examination question papers
- Or any other similar criminal act.
Explanation:
For clarity, the term theft is specifically expanded to include:
- Trick theft: Deceiving or using tricks to steal.
- Theft from vehicles, dwellings, or business premises: Stealing from cars, homes, or businesses.
- Cargo theft: Stealing goods in transit or from warehouses.
- Pickpocketing: Stealing from people’s pockets or bags.
- Theft through card skimming: Illegally accessing someone’s card information and stealing from their account.
- Shoplifting: Stealing from stores.
- Theft of Automated Teller Machines (ATMs): Stealing or attempting to steal an ATM.
Sub-section (2) – Punishment for Petty Organised Crime
If a person commits petty organised crime as defined above, they shall be punished with:
- Imprisonment for a term of not less than one year, which may extend to seven years.
- They shall also be liable to a fine.
Key Points
- Petty Organised Crime: This term refers to relatively smaller but still significant criminal acts carried out by individuals who are part of a group or gang. These activities often involve acts of theft, fraud, or illicit trade that are repeated or organized in nature.
- Gang or Group Involvement: To be charged under this section, the criminal act must be committed by a person who is either a member of a group or gang, or working with others in carrying out the crime.
- Examples of Crimes: The section includes theft, snatching, and cheating as examples, covering a broad range of common crimes that are often organized and committed by groups. It also addresses more modern forms of crime, such as card skimming and theft of ATMs.
- Punishment: The punishment is imprisonment for at least one year, extending to seven years, and the offender is also liable for a fine. The law provides a lesser penalty compared to more serious crimes, but it ensures a significant deterrent for those involved in petty organised crime.
Conclusion
Section 112 provides a legal framework to address petty organised crime, which includes a variety of thefts and fraudulent acts carried out by groups or gangs. While the crimes outlined may be considered relatively “petty” compared to more violent or large-scale organized crimes, the law still treats them seriously, with punishments that can range from one to seven years in prison and a fine. This section aims to curb such crimes, which can have significant impacts on public safety and order.
