With the addition of the Bhartiya Nyaya Sanhita into the new criminal laws, there were some key offences that were added as new to this code. Some of these new offences of the BNS we have already discussed in previous blogs like terrorism, Organised Crime etc. but interestingly for Organised Crime in Section 111 BNS, the lawmakers rightly found the provision to be not covering entirety of the offence. It was only able to cover the aggravated type of offences posing a risk to the nation directly. The punishment thus prescribed was appropriately ringing from 3 years imprisonment to punishments of life imprisonment and even Death sentence.
But as we all know that organised crime is not just for the offences mentioned in Section 111, rather it happens on every level of the society and does pose a risk to our social fabric. Hence for this reason the lawmakers decided to add Section 112 BNS, which relates to “Petty organised crime”. To appreciate this, we would be deep diving into the intricacies of this provision which reads as follows:
“112.
Petty organised crime. - (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.”
Salient Features of the Provision
The primary
requirement for the provision to apply on an accused is that he should be a
member of a group or gang of individuals who operate as one. It does not matter
if he is executing the plan alone on behalf of the group or gang, all it
actually matters is that there are other individuals just like him, who have
the same intentions as the accused person and have at some point of time showed
this intent to the accused so he knows that all other people are having a role.
There might be a situation where every person affiliated to a gang or group is
not physically present at the same spot where crime is getting executed. All
that matters is that they have common intentions with respect to the crime and
are doing their part in furtherance of common objectives as related to this
crime.
The very thing that separates this Section 112 BNS from Section 111 BNS is the type of offences it has mention in the provision. The following is a list of all the types of offences that can be tried under this section if the accused persons are acting in a group or gang to commit these offences:
- Theft: As defined in Section 303 BNS, theft is “whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft”. Whether it’s pilfering from a shop or swiping someone’s phone, theft falls under this category.
- Snatching: Those sudden, forceful grabs of personal belongings like a chain or a purse also fit the bill. This was long demanded provision finally brought into the ambit of Section 112. It will be useful for ensuring women safety as well.
- Cheating: Earlier commonly known as Section 420 IPC, now Section 318-319 BNS, includes fraudulent schemes, deceit, and trickery as part of the definition.
- Unauthorized Ticket Sales: If someone sells tickets without proper authorization like think black market ticket sales, it’s covered under this provision.
- Betting and Gambling: Engaging in unauthorized betting or gambling activities falls within this scope of this provision.
- Selling Exam Question Papers: This includes leaking or selling question papers for public examinations.
Impact on Society:
Petty organised
crimes create a heightened sense of vulnerability among citizens of a country.
When people experience theft, snatching, or cheating, it undermines trust in
public safety and daily life of the people is what gets affected. The law
recognizes this impact and aims to address it by criminalising such acts as
offences of severe nature with the help of provisions of Section 112 BNS.
These crimes are
typically carried out by organized criminal groups or gangs. Such groups
establish networks for logistical support between their group members, enabling
them to execute multiple offenses over time. The mention of mobile organized
crime groups suggests that these petty crimes can be part of broader criminal
enterprises, necessitating coordinated law enforcement responses. They can also
be shadowing bigger offences as mentioned in Section 111 BNS.
Punishment:
Individuals
convicted of committing or attempting to commit any form of petty organized
crime face imprisonment for which the minimum term is one year imprisonment,
but it can extend up to seven years of imprisonment, along with potential
fines.
Conclusion
Section 112 BNS provides for a clear legal basis for prosecuting individuals involved in crimes as mentioned under the provision, which may be considered petty offences, but are a nuisance to the society. It allows law enforcement agencies and police to take action against both individuals and organized groups. I consider it to be a positive step taken by the lawmakers to draft such a provision as it was something that was long requested by the common people of this country. Though how it is executed by the police on ground still remains to be seen.
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Sources:
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Related Blogs:
Combatting Organized Crime: A Comprehensive Guide to Section 111 of BNS
Legal Insights on Section 113: Terrorism Offence Unveiled
Perspective Dive: Community Service as an Alternative Punishment in BNS
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Disclaimer:
This Article/essay provides general information and does not constitute legal
advice. Consult a qualified legal professional for specific cases.
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