Section 111 BNS: Organised crime

Bharatiya Nyaya Sanhita, 2023

Section 111 BNS at a Glance

Section 111 BNS deals with organised crime. It is non-bailable and cognizable.

Punishment

Death or imprisonment for life if the offence results in the death of any person; in any other case, imprisonment for a term which shall not be less than five years, which may extend to imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ

Section 111 BNS Bare Act Text

(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 currencynotes, 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.

Source: Section 111, Bharatiya Nyaya Sanhita, 2023

Previous Law (IPC)

Section 111(2) of the Bharatiya Nyaya Sanhita has no equivalent in the Indian Penal Code. Organised crime became an offence under the general criminal law when the Sanhita came into force on 1 July 2024. Before that it was dealt with only under special State laws, such as the Maharashtra Control of Organised Crime Act, 1999.

FAQs on Section 111 BNS

What is organised crime under Section 111(2) of the Bharatiya Nyaya Sanhita?▼

Section 111(2) BNS prescribes the punishment for committing organised crime as defined in Section 111(1) BNS. Organised crime is a continuing unlawful activity done by any person or group of persons acting in concert, singly or jointly, as a member of or on behalf of an organised crime syndicate, using violence, threat of violence, intimidation, coercion, or other unlawful means to obtain direct or indirect material or financial benefit. It includes acts such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, and human trafficking for prostitution or ransom.

What does the police have to show to call a case organised crime under Section 111 BNS?▼

The section requires a continuing unlawful activity linked to an organised crime syndicate or done on its behalf for material benefit. Explanation (i) defines an organised crime syndicate as a group of two or more persons who, acting singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity. For continuing unlawful activity, the activity must be a cognizable offence punishable with imprisonment of three years or more (and includes economic offences) for which more than one charge-sheets have been filed before a competent court within the preceding ten years and that court has taken cognizance.

What is the punishment for organised crime under Section 111(2) BNS?▼

Under Section 111(2) BNS, if the organised crime results in the death of any person, the punishment is death or imprisonment for life, and liability to a fine of not less than ten lakh rupees. In any other case, the punishment is imprisonment for not less than five years and up to imprisonment for life, and liability to a fine of not less than five lakh rupees.

Is planning or helping an organised crime also punishable under Section 111 BNS?▼

Yes. Section 111(3) BNS separately punishes anyone who abets, attempts, conspires, or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime. The punishment is imprisonment for not less than five years, which may extend to imprisonment for life and liability to a fine of not less than five lakh rupees.

What is Section 111(3) of the Bharatiya Nyaya Sanhita about?▼

Section 111(3) BNS punishes anyone who abets, attempts, conspires, or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime. It applies even when the main organised crime is not completed. The punishment is imprisonment for not less than five years, which may extend to imprisonment for life and liability to a fine of not less than five lakh rupees.

What has to be shown for someone to be booked under Section 111(3) BNS?▼

The text requires showing that the accused abetted, attempted, conspired, knowingly facilitated, or engaged in an act preparatory to an organised crime. Under Section 111(1) BNS, organised crime involves continuing unlawful activity by a member of or on behalf of an organised crime syndicate of two or more persons for direct or indirect material or financial benefit, where more than one charge-sheets have been filed in the preceding ten years and the competent court has taken cognizance.

What is the punishment under Section 111(3) BNS?▼

Section 111(3) BNS prescribes imprisonment for a term of not less than five years, which may extend to imprisonment for life, and the offender is also liable to a fine of not less than five lakh rupees.

How is Section 111(3) different from actually committing organised crime under Section 111?▼

Section 111(3) BNS covers abetting, attempting, conspiring, knowingly facilitating, or engaging in any act preparatory to an organised crime. By contrast, Section 111(2) BNS deals with actually committing the organised crime itself, and if that offence results in the death of any person, Section 111(2) provides a higher punishment of death or life imprisonment and liability to a fine of at least ten lakh rupees.

What is punishable under Section 111(4) of the Bharatiya Nyaya Sanhita?▼

Section 111(4) BNS makes it an offence simply to be a member of an organised crime syndicate. Under Explanation (i) to Section 111(1) BNS, an 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.

What has to be proved for a charge under Section 111(4) BNS?▼

To prove an offence under Section 111(4) BNS, the prosecution must show that an organised crime syndicate of two or more persons exists and indulges in continuing unlawful activity (for which more than one charge-sheets have been filed before a competent court within the preceding ten years and cognizance has been taken), and that the accused is a member of that syndicate.

What is the punishment under Section 111(4) BNS?▼

Under Section 111(4) BNS, any person who is a member of an organised crime syndicate is punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and is also liable to a fine of not less than five lakh rupees.

How is Section 111(4) different from Section 111(2) BNS?▼

Section 111(2) BNS punishes committing an organised crime, which can carry death or life imprisonment and liability to a fine of at least ten lakh rupees if death results. Section 111(4) BNS punishes membership in an organised crime syndicate itself, carrying five years to life imprisonment and liability to a fine of at least five lakh rupees.

What is punishable under Section 111(5) of the Bharatiya Nyaya Sanhita?▼

Section 111(5) BNS punishes anyone who intentionally harbours or conceals a person who has committed the offence of an organised crime. However, the proviso states that this sub-section does not apply if the harbour or concealment is by the spouse of the offender.

What has to be proved for an offence under Section 111(5) BNS?▼

The prosecution must show that a person committed the offence of organised crime under Section 111 BNS, that the accused harboured or concealed that person, and that the accused did so intentionally, while not being the offender's spouse.

What is the punishment under Section 111(5) BNS?▼

Under Section 111(5) BNS, the punishment is imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and the offender is also liable to a fine of not less than five lakh rupees.

Does Section 111(5) BNS apply if a husband or wife hides their spouse?▼

No. The proviso to Section 111(5) BNS expressly provides that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

What does Section 111(6) of the Bharatiya Nyaya Sanhita cover?▼

Section 111(6) BNS punishes anyone who possesses any property derived or obtained from the commission of an organised crime, proceeds of any organised crime, or property which has been acquired through organised crime.

What has to be shown to prove a case under Section 111(6) BNS?▼

It must be shown that the accused is in possession of property or proceeds, and that the property was derived or obtained from the commission of an organised crime, is proceeds of an organised crime, or was acquired through an organised crime as defined in Section 111(1) BNS.

What is the punishment under Section 111(6) BNS?▼

Under Section 111(6) BNS, the punishment is imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and the offender is also liable to a fine which shall not be less than two lakh rupees.

How is Section 111(6) different from Section 111(7) BNS?▼

Section 111(6) BNS applies to possessing property derived from, obtained from, or acquired through an organised crime, or proceeds of an organised crime, with imprisonment from three years to life and liability to a fine of at least two lakh rupees. Section 111(7) BNS applies when a person on behalf of a member of an organised crime syndicate possesses or has possessed movable or immovable property that he cannot satisfactorily account for, carrying three to ten years' imprisonment and liability to a fine of at least one lakh rupees.

What counts as an offence under Section 111(7) of the Bharatiya Nyaya Sanhita?▼

Section 111(7) BNS applies where 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.

What has to be proved under Section 111(7) BNS?▼

The text requires showing that a person is, or at any time has been, in possession of movable or immovable property on behalf of a member of an organised crime syndicate, and that the person cannot satisfactorily account for that property.

What is the punishment under Section 111(7) BNS?▼

Under Section 111(7) BNS, the punishment is imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years, and the offender is also liable to a fine which shall not be less than one lakh rupees.

Does Section 111(7) BNS apply only if the person still has the property now?▼

No. Section 111(7) BNS covers any person who is, or at any time has been, in possession of movable or immovable property on behalf of a member of an organised crime syndicate which he cannot satisfactorily account for, so past possession is also covered.

Section 111 BNS: Sub-sections Explained

Section 111(2) BNS: Organised crime

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Bare Act Text

(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.

Explained in Simple Words

Section 111(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing organised crime. It applies to any person who commits organised crime as defined in Section 111(1) BNS, meaning a continuing unlawful activity carried out singly or jointly in concert as a member of, or on behalf of, an organised crime syndicate of two or more persons, using violence, threat of violence, intimidation, coercion, or other unlawful means for direct or indirect material or financial benefit.

Under clause (a), if the offence results in the death of any person, the offender shall be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees. Under clause (b), in any other case, the offender shall be punished with imprisonment for not less than five years, which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

A continuing unlawful activity requires a cognizable offence punishable with imprisonment of three years or more, including an economic offence, for which more than one charge-sheets were filed in the preceding ten years and a competent court took cognizance.

Key Ingredients

  • The accused commits a continuing unlawful activity prohibited by law, in respect of which more than one charge-sheets were filed in the preceding ten years and a competent court took cognizance
  • The act is done singly or jointly in concert as a member of, or on behalf of, an organised crime syndicate of two or more persons
  • Violence, threat of violence, intimidation, coercion, or any other unlawful means are used
  • The activity is carried out to obtain direct or indirect material benefit, including a financial benefit
  • For the higher punishment under clause (a), the organised crime has resulted in the death of any person, while clause (b) applies in any other case

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death or imprisonment for life if the offence results in the death of any person; in any other case, imprisonment for a term which shall not be less than five years, which may extend to imprisonment for life.

💰 The offender shall also be liable to fine of not less than ten lakh rupees if the offence results in the death of any person, or not less than five lakh rupees in any other case.

Committing organised crime is punishable with death or life imprisonment and a fine of not less than ten lakh rupees if it results in any person's death, or with imprisonment for five years to life and a fine of not less than five lakh rupees in any other case.

Real-World Example

Rafiq, Suresh and Imran run a three-member gang in a city on the outskirts of Pune. Over the last eight years, police filed multiple charge-sheets against members of this gang for extortion and vehicle theft, and the court took cognizance. They now threaten local transporters, force monthly payments and steal trucks when money is refused. The gang acts together, uses intimidation and violence, and shares the money collected. This is organised crime because it is a continuing unlawful activity by an organised crime syndicate for material and financial benefit.

When This Does Not Apply

  • A one-time robbery by two persons acting casually, without an organised crime syndicate and without the required continuing unlawful activity
  • A single cheating incident by one shopkeeper for personal gain, with no organised crime syndicate and no prior charge-sheets within ten years
  • A lawful business dispute over land or payment, without violence, threat of violence, intimidation, coercion, or other unlawful means
  • An isolated offence by a group where more than one charge-sheets have not been filed within the preceding ten years and the court has not taken cognizance

Section 111(3) BNS: Organised crime

▶

Bare Act Text

(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.

Explained in Simple Words

Section 111(3) of the Bharatiya Nyaya Sanhita (BNS) punishes preparatory and supporting acts connected to an organised crime. It applies to any person who abets, attempts, conspires, or knowingly facilitates the commission of an organised crime, or who otherwise engages in any act preparatory to an organised crime, even before the main offence is completed.

Under this sub-section, the offender 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. This matches the sentence under Section 111(2)(b) BNS for committing an organised crime that does not result in death.

For this provision to apply, the underlying offence must qualify as an organised crime under Section 111(1) BNS, meaning a continuing unlawful activity by or on behalf of an organised crime syndicate of two or more persons for direct or indirect material or financial benefit, with more than one charge-sheets taken cognizance of in the preceding ten years. Routine help without knowledge does not amount to knowingly facilitating the crime.

Key Ingredients

  • The underlying offence is an organised crime under Section 111(1) BNS, involving continuing unlawful activity by or on behalf of an organised crime syndicate of two or more persons for material or financial benefit
  • More than one charge-sheets have been filed before a competent court within the preceding ten years for the syndicate's continuing unlawful activity and the court has taken cognizance
  • The accused abets, attempts, or conspires in the commission of the organised crime
  • Alternatively, the accused knowingly facilitates the commission of the organised crime, or otherwise engages in any act preparatory to it

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than five years, which may extend to imprisonment for life.

💰 The offender shall also be liable to fine of not less than five lakh rupees.

Abetting, attempting, conspiring, knowingly facilitating, or engaging in any act preparatory to an organised crime is punishable with imprisonment for five years to life and a fine of not less than five lakh rupees.

Real-World Example

In Mumbai, Rafiq and Suresh run a vehicle theft and extortion syndicate against which multiple charge-sheets have been filed in the last ten years and the court has taken cognizance. Imran, knowing about the syndicate's plan to extort a local transport operator and steal his trucks, meets with Rafiq to plan the operation, arranges fake number plates and a rented godown, and passes on vehicle route details before the police step in. Because Imran conspired, knowingly facilitated, and engaged in acts preparatory to an organised crime, his conduct falls within Section 111(3) BNS.

When This Does Not Apply

  • A person provides a routine service, such as renting a room or repairing a vehicle, without knowing of or facilitating an organised crime
  • A one-time robbery by two persons acting casually, without an organised crime syndicate and without the required past charge-sheets
  • A private quarrel or isolated offence where no organised crime is abetted, attempted, conspired, knowingly facilitated, or prepared
  • The person commits the completed organised crime itself, which is punished under Section 111(2) BNS

Section 111(4) BNS: Organised crime

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Bare Act Text

(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.

Explained in Simple Words

Section 111(4) of the Bharatiya Nyaya Sanhita (BNS) makes membership in an organised crime syndicate a standalone criminal offence. It applies to any person who is a member of an organised crime syndicate, even if this sub-section does not require proof that the member personally carried out a specific violent act.

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.

Under Explanation (i) to Section 111(1) BNS, an 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. Under Explanation (ii), a continuing unlawful activity requires a cognizable offence punishable with imprisonment of three years or more, including an economic offence, for which more than one charge-sheets have been filed before a competent court within the preceding ten years and that court has taken cognizance.

Key Ingredients

  • A group of two or more persons acts singly or jointly as a syndicate or gang
  • The syndicate indulges in continuing unlawful activity, meaning a cognizable offence punishable with imprisonment of three years or more, including an economic offence
  • More than one charge-sheets have been filed before a competent court within the preceding ten years in respect of such unlawful activity and the court has taken cognizance
  • The accused is a member of that organised crime syndicate

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than five years, which may extend to imprisonment for life.

💰 The offender shall also be liable to fine of not less than five lakh rupees.

Being a member of an organised crime syndicate is punishable with imprisonment for five years to life and a fine of not less than five lakh rupees.

Real-World Example

In Pune, Rakesh leads an organised crime syndicate that repeatedly grabs plots by threatening owners and forging papers, with multiple charge-sheets filed and taken cognizance of by the court in the last eight years. Manoj is an active member of this gang who attends syndicate meetings and stays on its payroll to support its operations. Under Section 111(4) BNS, Manoj is punishable simply for being a member of an organised crime syndicate.

When This Does Not Apply

  • A person is merely a relative, neighbour, or acquaintance of a gang member, without being a member of the organised crime syndicate
  • The group is not an organised crime syndicate because there is no continuing unlawful activity with more than one charge-sheets taken cognizance of within the preceding ten years
  • Two or more persons commit an isolated offence casually, not as a syndicate or gang indulging in continuing unlawful activity
  • A person is a victim threatened or coerced by the syndicate rather than a member of it

Section 111(5) BNS: Organised crime

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Bare Act Text

(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.

Explained in Simple Words

Section 111(5) of the Bharatiya Nyaya Sanhita (BNS) punishes the act of sheltering or hiding an organised crime offender. It applies to any person who intentionally harbours or conceals someone who has committed the offence of an organised crime, which under Section 111(1) BNS means continuing unlawful activity by or on behalf of an organised crime syndicate of two or more persons for material or financial benefit.

A person convicted under Section 111(5) BNS 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.

Two important points govern this sub-section. First, the harbouring or concealment must be intentional, so someone who gives shelter without knowing about the offender's organised crime is not covered. Second, the proviso to Section 111(5) BNS creates an express exception stating that this sub-section does not apply where the harbour or concealment is by the spouse of the offender.

Key Ingredients

  • A person has committed the offence of an organised crime as defined under Section 111(1) BNS
  • The accused harbours or conceals that person
  • The harbouring or concealment by the accused is intentional
  • The accused is not the spouse of the offender, as harbouring or concealment by a spouse is excluded by the proviso

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than three years, which may extend to imprisonment for life.

💰 The offender shall also be liable to fine of not less than five lakh rupees.

Intentionally harbouring or concealing a person who has committed an organised crime, other than by the offender's spouse, is punishable with imprisonment for three years to life and a fine of not less than five lakh rupees.

Real-World Example

In Pune, Rakesh and his gang run a vehicle theft and extortion syndicate against which more than one charge-sheets have been filed and taken cognizance of by the court in the last ten years. After Rakesh commits an extortion offence as part of this organised crime, his associate Sameer, who is not Rakesh's spouse and knows what Rakesh has done, intentionally hides Rakesh in a farmhouse so police cannot find him. Sameer falls under Section 111(5) BNS for intentionally harbouring or concealing a person who has committed organised crime.

When This Does Not Apply

  • The harbouring or concealment is by the spouse of the offender, which is expressly excluded by the proviso to Section 111(5) BNS
  • A person provides shelter or a room without knowing that the guest has committed an organised crime, so the harbouring or concealment is not intentional
  • The person hidden has committed an ordinary individual offence, not an organised crime under Section 111(1) BNS
  • A person merely speaks with or meets the offender without harbouring or concealing him

Section 111(6) BNS: Organised crime

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Bare Act Text

(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.

Explained in Simple Words

Section 111(6) of the Bharatiya Nyaya Sanhita (BNS) targets the possession of property or proceeds linked to organised crime. It applies to any person who possesses any property derived or obtained from the commission of an organised crime, proceeds of any organised crime, or property which has been acquired through an organised crime.

Any person who commits this offence 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.

The provision covers three related categories of tainted assets: property directly obtained from committing an organised crime, the proceeds generated by an organised crime, and assets acquired using those proceeds. For Section 111(6) BNS to apply, the underlying crime must meet the definition of organised crime in Section 111(1) BNS, meaning a continuing unlawful activity by or on behalf of an organised crime syndicate of two or more persons for material or financial benefit, with more than one charge-sheets taken cognizance of in the preceding ten years.

Key Ingredients

  • An organised crime as defined in Section 111(1) BNS has been committed by or on behalf of an organised crime syndicate of two or more persons
  • More than one charge-sheets were filed before a competent court within the preceding ten years for the syndicate's continuing unlawful activity and the court took cognizance
  • The accused is in possession of property
  • That property was derived or obtained from the commission of an organised crime, is proceeds of an organised crime, or was acquired through an organised crime

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than three years, which may extend to imprisonment for life.

💰 The offender shall also be liable to fine of not less than two lakh rupees.

Possessing property derived or obtained from, or acquired through, an organised crime, or proceeds of an organised crime, is punishable with imprisonment for three years to life and a fine of not less than two lakh rupees.

Real-World Example

Rafiq and Suresh run a vehicle theft and extortion syndicate in Delhi and Haryana against which multiple charge-sheets have been filed and taken cognizance of by the court in the last ten years. Imran possesses stolen SUVs, extortion cash, and a shop purchased using the proceeds of the syndicate's organised crimes. Because Imran possesses property derived from and acquired through the commission of an organised crime and proceeds of organised crime, he is punishable under Section 111(6) BNS.

When This Does Not Apply

  • The property was acquired through lawful income or a legitimate transaction and was not derived from or acquired through an organised crime
  • The property is connected to an isolated individual offence rather than an organised crime as defined in Section 111(1) BNS
  • The accused is not in possession of property or proceeds derived from or acquired through organised crime
  • A person holds unaccounted property on behalf of a member of an organised crime syndicate without proof that it is proceeds of an organised crime, which is covered separately under Section 111(7) BNS

Section 111(7) BNS: Organised crime

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Bare Act Text

(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.

Explained in Simple Words

Section 111(7) of the Bharatiya Nyaya Sanhita (BNS) punishes holding unaccounted property on behalf of a member of an organised crime syndicate. It applies to any person who, on behalf of a member of an organised crime syndicate, is in possession of, or at any time has been in possession of, movable or immovable property which he cannot satisfactorily account for.

Under this sub-section, the offender 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.

Two features of the enacted text stand out for readers. First, the provision covers both present possession and past possession at any time of movable or immovable property. Second, the offence applies when the property is held on behalf of a member of an organised crime syndicate, defined in Section 111(1) BNS as a group of two or more persons indulging in continuing unlawful activity, and the holder cannot satisfactorily account for it.

Key Ingredients

  • An organised crime syndicate of two or more persons indulging in continuing unlawful activity exists as defined in Section 111(1) BNS
  • The accused is, or at any time has been, in possession of movable or immovable property
  • Such possession is or was on behalf of a member of the organised crime syndicate
  • The accused cannot satisfactorily account for the property

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than three years, which may extend to imprisonment for ten years.

💰 The offender shall also be liable to fine of not less than one lakh rupees.

Being or having been in possession of unaccounted movable or immovable property on behalf of a member of an organised crime syndicate is punishable with imprisonment for three to ten years and a fine of not less than one lakh rupees.

Real-World Example

In Mumbai, Rafiq is a member of a land-grabbing syndicate against which more than one charge-sheets have been filed and taken cognizance of by the court in the last ten years. Suresh, who has only a small declared income, holds two flats and luxury cars on behalf of Rafiq and cannot satisfactorily account for how he came to possess them. Suresh falls under Section 111(7) BNS for possessing movable and immovable property on behalf of a member of an organised crime syndicate which he cannot satisfactorily account for.

When This Does Not Apply

  • The person can satisfactorily account for the movable or immovable property through lawful income, savings, inheritance, or documented loans
  • The property is not held on behalf of a member of an organised crime syndicate
  • The group in question is not an organised crime syndicate as defined under Section 111(1) BNS
  • The person has never been in possession of the movable or immovable property on behalf of a syndicate member

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·