सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 111

Organised crime

Why this exists

Before the Bharatiya Nyaya Sanhita, India had no single central law defining 'organised crime' — only state laws like Maharashtra's MCOCA or Karnataka's KCOCA covered mafia-style gangs, leaving many states without similar tools. Ordinary criminal law struggled to address crime syndicates that operate across state lines through cyber fraud, trafficking, extortion rackets, and land mafias, often shielded by repeat offenders who evade conviction on individual charges. Section 111 was introduced to give the whole country a uniform, modern definition of organised crime — explicitly including economic offences and cyber-crime — and to punish not just the main actors but also facilitators, harbourers, and financial beneficiaries of such syndicates.

Common misconceptions
  • Myth: Organised crime only means violent gangs like the mafia.
    Fact: The law also covers cyber-crime, land grabbing, and economic offences like fraud and hawala transactions.
  • Myth: One crime is enough to call someone part of an 'organised crime syndicate.'
    Fact: The law requires a pattern — more than one chargesheet filed and taken up by a court within the past ten years — to count as 'continuing unlawful activity.'
  • Myth: Only the people who actually commit the crime are punished.
    Fact: The law also punishes those who plan, help, hide the offender, or possess property gained from the crime — with the spouse of the offender exempted from the harbouring offence.