
Bharatiya Nyaya Sanhita or BNS addresses many crimes committed by organized groups or people working together for illegal purposes. Section 111 BNS addresses various unlawful activities, including drug trafficking, extortion, human trafficking, etc., conducted by criminal syndicates. Not only are these criminal offenses carried out for a long time, but they are also intended to gain monetary benefits.
What is Section 111?
Section 111 BNS specifies and punishes organized crime too. It includes constant illegal activities conducted by a group or an individual network. These activities may contain cybercrime, extortion, killing, smuggling, etc.
The Importance of Section 111
Legislative bodies have been above and beyond to build highly effective and robust lawful structures. This is done in response to the expanding danger of organized crime. The Legislation of Section 111, under the Bharatiya Nyaya Sanhita, 2023, is one such effort.
By comprehending the clauses and implications of Section 111, involved parties can better look forward to appreciating its role in the extensive fight against organized crime.
Elements of Organized Crime
Organized crime is carrying out criminal activities by structured groups. They often include a structured organization with specified roles.
Here is a list of activities usually associated with organized crime:
- Arms Smuggling: The unlawful trade and delivery of firearms and ammunition.
- Cybercrime: Unlawful activities conducted through virtual platforms like hacking and online fraud.
- Drug Trafficking: The unlawful production, delivery, and sale of drugs.
- Human Trafficking: The exploitation of people through force, fraud, or threats.
All those groups that are associated with organized crimes often utilize corruption, intimidation, and violence. This is done to maintain control and evade detection by the law enforcement agency.
9 Key Points of Section 111 of the Bharatiya Nyaya Sanhita
Listed below are nine main points described under Section 111 of the Bharatiya Nyaya Sanhita:
- Fatal Crimes: If a person dies due to organized crime, the accused may be sentenced to imprisonment for life or death. There is also a mandatory fine of no less than ₹10 lakh.
- Non-violent Organized Crimes: In scenarios where the crime does not lead to the death of a person, the punishment consists of at least a five-year prison sentence. However, this may extend to life imprisonment. The fine in these cases usually starts from ₹5 lakh.
- Providing Help to Organized Crime: Individuals who help, plan, or encourage others to carry out criminal activities fall under Section 111 BNS. These individuals face at least a five-year prison sentence, which may extend to life imprisonment. The fine in these cases starts at no less than ₹5 lakh.
- Being Part of a Criminal Syndicate: Being a member of an organized crime syndicate is a criminal offense punishable by law. An individual may face a 5-year prison sentence. It can be extended to life imprisonment, along with a fine of at least ₹5 lakh.
- Sheltering Criminals: If an individual deliberately hides or shelters another person involved in organized crime, they are guilty Section 111. The punishment includes a 3-year prison sentence, which can be extended to life imprisonment. They are liable to pay a fine of no less than ₹5 lakh.
- Possessing Criminally Acquired Assets: If an individual is found with property obtained from organized crime, they are likely to face a 3-year prison sentence, which can extend to life. There is also a fine of no less than ₹2 lakh.
- Managing Property for a Syndicate: If a person holds or manages property on a crime syndicate’s behalf, the punishment for the same is a minimum of 3 years. It may extend to 10 years, along with a fine of no less than ₹1 lakh.
- Legal Actionable Crimes: The police can arrest the offender without a warrant. This is because the crime’s nature is severe and includes organized crime syndicates.
- Unbailable Crimes: People accused of crimes under this section will have difficulty obtaining bail easily. They will be detained until their trial in the Court of Session.
What are the Criminal Offenses Covered Under Organized Crimes?
Some of the most common criminal offenses are listed below:
- Contract Killing
- Drugs or Weapons
- Extortion
- Illicit Goods or Services
- Human Trafficking
- Robbery
What Impact Does Organized Crime Have on Society?
Here is a list of unfavorable effects of organized crime on society They can be categorized into three sections.
- Economic Effects: The economic impact caused by organized crime is destructive.
- Corruption: Bribery and corruption weaken the trust in institutions and obstruct economic development.
- Financial Losses: Business owners and people suffer extreme financial losses due to deception, robbery, and extortion.
- Damaging Legal Markets: Illegal activities misrepresent lawful markets, creating unreasonable competition and alleviating tax revenues for governments.
- Social Effects: Organized crime has significant social implications. These include:
- Public Health: Drug trafficking and human trafficking lead to significant public crises, such as addiction and exploitation.
- Violence and Fear: Communities have a hard time living in peace due to the violent tactics utilized by the groups of organized crime.
- Political Effects: Organized crime can have serious political consequences:
- Corruption of Officials: Bribery and threatening of public officials can contribute to extensive corruption, undermining the rule of law.
- Destabilization: In severe cases, organized crime can disrupt entire regions, causing political unrest and weakening state authority.
What are the Crucial Ingredients of Organized Crimes?
Here is a list of some of the most crucial ingredients of organized crimes:
- Illegal activity must be constant.
- The main motive must be to commit a criminal offense.
- The crime must be committed using coercion, threat, intimidation, etc. through other illegal means.
- The motive must be to take unlawful gains.
The crime must be committed by an individual, or a group of individuals mutually or independently.
Organized crime has long been a curse on society posing a great risk to the rule of law. It causes unfavorable effects on economic stability and public safety. To tackle this threat, the government of India has come up with Section 111 in BNS 2023.
Wrapping Up
The adverse effects of organized crimes are detrimental to society as a whole. These criminal offenses are responsible for tremendous financial losses to our nation. Moreover, organized crime syndicates make their way forward to other offenses occurring that deteriorate our country’s social fabric. Organized crime leads to utter chaos in society.