BNS Section 112 : Petty Organised Crime
Section 112 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. This provision addresses smaller-scale, yet systematic and recurring, criminal activities conducted by groups or individuals working in coordination. Such offences may not have the scale of organised crime but still disrupt local law and order and pose a threat to community safety.
Definition of BNS Section 112
Section 112 of the BNS 2023 States:
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 and Illustration of BNS Section 112
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.
Illustration
- Situation: A group of five individuals (A, B, C, D, and E) are involved in a coordinated effort to steal mobile phones from pedestrians. They have a plan where one person distracts the victim while the others quickly snatch the phone
- Action: The group works together to commit the theft multiple times over the course of a week
- Offense: This coordinated activity of theft falls under the definition of ‘petty organised crime’ as described in Section 112 of the BNS 2023. Each member of the group is involved in the act, either singly or jointly, which makes it a group-based criminal activity.
In this example, all five individuals (A, B, C, D, and E) would be guilty of committing petty organised crime as per Section 112 for their involvement in the theft as a group.
Key Points in BNS Section 112
Organised crime refers to unlawful activities carried out by groups working together. These activities include:
Methods: Such crimes are executed using violence, threats, intimidation, coercion, corruption, or other illegal means to obtain direct or indirect material benefits, including financial gain.
Penalties for Organised Crime
Penalties for Membership in an Organised Crime Syndicate
Harbouring or Concealing Offenders
Handling Property Derived from Organised Crime
Differences Between Section 112 of BNS and its Equivalent IPC section
This section outlines the key differences between Section 112 of BNS and its equivalent IPC section 308 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 112 | Petty organized crime. | 308 | Newly added section. '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'. |
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FAQs about Section 112 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 112 of the BNS?
Section 112 of the BNS defines and penalises 'petty organised crime.' It targets individuals who, as part of a group or gang, commit various offences like theft, snatching, cheating, unauthorised selling of tickets, etc.
What is the punishment for petty organised crime?
A person convicted of petty organised crime under Section 112 faces imprisonment of one to seven years and a fine.
Is petty organised crime a bailable offence?
No, petty organised crime is a non-bailable offence.
What is the jurisdictional court for petty organised crime cases?
Cases under Section 112 are tried by a Magistrate of the First Class.
How does Section 112 differ from other theft or cheating offences?
Section 112 specifically targets organised crime, where individuals act in concert as part of a group or gang.
Can a single individual be charged under Section 112?
Yes, if an individual commits a petty crime as part of a larger criminal organisation, even if they act alone, they can be charged under Section 112.
What is the burden of proof in a case under Section 112?
The prosecution must prove beyond reasonable doubt that the accused was a member of a group or gang and committed the specified offence.
