Organised crime
Section 111 of the Bharatiya Nyaya Sanhita, 2023 deals with organised crime. 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 pe The Act came into force on 01 Jul 2024.
(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 currency-notes, 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.
Section 111, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 7 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Organised crime resulting in death of any person. | Death or imprisonment for life and fine of not less than 10 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| Being a member of an organised crime syndicate. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| Intentionally harbouring or concealing any person who committed offence of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| Possessing property derived, or obtained from the commission of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| Possessing property on behalf of a member of an organised crime syndicate. | Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashutosh Alias Ashu Pramod Awasthi vs State of Maharashtra
Court's Decision & Legal Precedent
Bail may be denied at the initial stage of investigation if the accused has significant criminal antecedents and the offense involves an organized modus operandi that poses a threat to public order and witness safety.
On this section: Organized crime; used to justify continued custody due to the gang-based nature of the offense.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 111
What have the courts held on Section 111 of the Bharatiya Nyaya Sanhita?
Ashutosh Alias Ashu Pramod Awasthi vs State of Maharashtra (01 Jan 2025) is the leading judgment on this section among those set out below: Organized crime; used to justify continued custody due to the gang-based nature of the offense.
Is Section 111 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 111 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 111 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 111, section 111 BNS, section 111 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 111 3 in hindi and bns 111(2) in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashutosh Alias Ashu Pramod Awasthi vs State of Maharashtra (01 Jan 2025).
When did Section 111 of the Bharatiya Nyaya Sanhita come into force?
Section 111 of the Bharatiya Nyaya Sanhita, cited as BNS 111, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.