Section 112 BNS: Petty organised crime

Bharatiya Nyaya Sanhita, 2023

Section 112 BNS at a Glance

Section 112 BNS deals with petty organised crime. It is non-bailable and cognizable, triable by Magistrate of the first class.

Punishment

Imprisonment for a term which shall not be less than one year but which may extend to seven years.

Non-Bailable β“˜Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Magistrate of the first class β“˜

Section 112 BNS Bare Act Text

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 β€œtheft” 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.

Source: Section 112, Bharatiya Nyaya Sanhita, 2023

Section 112 BNS in Simple Words

Section 112(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing petty organised crime. It applies to any person who commits petty organised crime as defined under Section 112(1) BNS, namely a member of a group or gang who, either singly or jointly, commits theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any other similar criminal act.

Under Section 112(2) BNS, 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. The sub-section sets a mandatory minimum sentence of one year of imprisonment upon conviction.

For this punishment provision to apply, the criminal act must be committed by a person as a member of a group or gang rather than as an isolated individual offence. Under the Explanation to Section 112(1) BNS, theft for this purpose includes trick theft, theft from a vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting, and theft of an Automated Teller Machine.

Ingredients of Section 112 BNS

  • The accused was a member of a group or gang
  • The accused, either singly or jointly, committed theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any other similar criminal act
  • For cases involving theft, the act may include trick theft, theft from a vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting, or theft of an Automated Teller Machine
  • The accused committed petty organised crime as defined in Section 112(1) BNS, attracting punishment under Section 112(2) BNS

Punishment Under Section 112 BNS

Imprisonment

Imprisonment for a term which shall not be less than one year but which may extend to seven years.

Fine

Fine may be imposed in addition to imprisonment.

Non-Bailable β“˜Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Magistrate of the first class β“˜

Committing petty organised crime is punishable with imprisonment for a term of one year to seven years, and the offender shall also be liable to fine.

Example of Section 112 BNS

A gang of six people travelled from Kanpur to Lucknow and worked near busy markets and bus stands. Two members distracted shoppers, two removed wallets and phones, and others passed the stolen items to a handler. This is petty organised crime punishable under Section 112(2) BNS because members of a gang jointly committed pick pocketing, which is a form of theft covered under Section 112(1) BNS.

When Section 112 BNS Does Not Apply

  • A single person steals one mobile phone in a private dispute, without being a member of a group or gang
  • A neighbourhood quarrel leads to assault, but there is no theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or similar criminal act
  • A person merely plans such an offence in conversation, without committing petty organised crime
  • An isolated cheating incident by one person who is not a member of a group or gang

Previous Law (IPC)

Section 112(2) of the Bharatiya Nyaya Sanhita has no equivalent in the Indian Penal Code. Petty organised crime is a new offence introduced when the Sanhita came into force on 1 July 2024.

FAQs on Section 112 BNS

What is petty organised crime under Section 112(2) BNS?β–Ό

Section 112(2) BNS punishes anyone who commits petty organised crime as defined in Section 112(1) BNS. Under Section 112(1), petty organised crime is committed when a member of a group or gang, 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. The Explanation states that theft includes trick theft, theft from a vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting, and theft of an Automated Teller Machine.

What has to be shown for a case under Section 112(2) BNS?β–Ό

It has to be shown that the accused was a member of a group or gang and, either singly or jointly, committed one of the acts listed in Section 112(1) BNS, such as theft (including trick theft, theft from a vehicle, dwelling house or business premises, cargo theft, pick pocketing, card skimming, shoplifting, or ATM theft), snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any other similar criminal act.

What punishment is there for petty organised crime under Section 112(2) BNS?β–Ό

Section 112(2) BNS provides that 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.

Under Section 112(2) BNS, how is petty organised crime different from a single theft case?β–Ό

Section 112 BNS applies when theft, snatching, cheating, or another listed or similar criminal act is committed by a person as a member of a group or gang, either singly or jointly, rather than an isolated act by an individual acting alone without any group or gang membership.

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