Section 111 of the Bharatiya Nyaya Sanhita, 2023 brings organised crime into the general penal code for the first time, and section 113 brings the offence of terrorist act into the general code in words taken almost entirely from section 15 of the Unlawful Activities (Prevention) Act, 1967. Organised crime requires a "continuing unlawful activity" carried on by or for a crime syndicate for material benefit, while a terrorist act requires intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror. An Explanation to section 113 leaves it to an officer not below the rank of Superintendent of Police to decide whether a case is registered under the BNS or under the UAPA, and that single sentence is behind most of the exam questions on this topic.
What is organised crime under section 111 BNS?
Organised crime under section 111 is any continuing unlawful activity, such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber crime, or trafficking in persons, drugs, weapons or illicit goods, committed by a person or group acting as a member of an organised crime syndicate or on its behalf, using violence, threats, intimidation, coercion or other unlawful means to obtain direct or indirect material benefit.
The definition only works once you read the three defined terms in its Explanation:
- Organised crime syndicate means a group of two or more persons who, singly or jointly, as a syndicate or gang, indulge in any continuing unlawful activity.
- Continuing unlawful activity means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by a member of or on behalf of a syndicate, in respect of which more than one charge sheet has been filed before a competent court within the preceding ten years and the court has taken cognizance. It includes economic offences.
- Economic offence includes criminal breach of trust, forgery, counterfeiting of currency and government stamps, hawala transactions, mass-marketing fraud, schemes to defraud several persons, and acts done to defraud a bank, financial institution or other organisation for monetary benefit.
The charge sheet requirement is the filter that separates organised crime from an ordinary offence committed by several people. A first-time gang, however violent, does not satisfy it. The history of earlier charge sheets and cognizance must exist before section 111 can be invoked.
What punishments does section 111 prescribe?
Section 111 sets minimum sentences and minimum fines, and every offence under it is cognizable, non-bailable and triable by the Court of Session under the First Schedule to the BNSS.
| Sub-section | Conduct | Imprisonment | Minimum fine |
|---|---|---|---|
| 111(2)(a) | Organised crime resulting in death | Death or life | ₹10 lakh |
| 111(2)(b) | Organised crime in any other case | 5 years to life | ₹5 lakh |
| 111(3) | Abetting, attempting, conspiring, knowingly facilitating or preparing | 5 years to life | ₹5 lakh |
| 111(4) | Being a member of a syndicate | 5 years to life | ₹5 lakh |
| 111(5) | Intentionally harbouring or concealing an offender | 3 years to life | ₹5 lakh |
| 111(6) | Possessing property derived from organised crime | 3 years to life | ₹2 lakh |
| 111(7) | Holding unexplained property on behalf of a syndicate member | 3 to 10 years | ₹1 lakh |
The proviso to section 111(5) excludes harbouring by the spouse of the offender. Section 111(7) catches a person who holds movable or immovable property on behalf of a syndicate member and cannot satisfactorily account for it, which in practice targets benami holdings.
How is petty organised crime under section 112 different?
Section 112 punishes a member of a group or gang who, singly or jointly, commits theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers, or any similar criminal act. The Explanation widens "theft" to include trick theft, theft from vehicles, homes or business premises, cargo theft, pickpocketing, card skimming, shoplifting and theft of ATMs.
The punishment is imprisonment of one to seven years with fine. The offence is cognizable, non-bailable and triable by a Magistrate of the first class. Unlike section 111, section 112 does not require a continuing unlawful activity or any history of charge sheets. What it requires is membership of a group or gang and an act of the listed kind.
What is a terrorist act under section 113 BNS?
A terrorist act under section 113 is any act done with intent to threaten, or likely to threaten, the unity, integrity, sovereignty, security or economic security of India, or with intent to strike terror in the people or any section of the people in India or abroad, by one of three kinds of conduct.
The first is using bombs, explosives, firearms, lethal weapons, poisonous gases or hazardous substances to cause death or injury, damage to property, disruption of essential supplies, damage to India's monetary stability through counterfeit currency, or destruction of property used for defence or government purposes. The second is overawing a public functionary by criminal force, or causing or attempting to cause the death of one. The third is detaining, kidnapping or abducting a person and threatening to kill or injure that person to compel a government, an international organisation or any other person to act or abstain.
The punishments mirror the UAPA. A terrorist act resulting in death carries death or life imprisonment with fine. In any other case the range is five years to life. The same range applies to conspiracy, attempt, advocacy, abetment, incitement and knowing facilitation under section 113(3), and to organising training camps or recruiting under section 113(4). Membership of an organisation involved in a terrorist act is punishable with imprisonment up to life under section 113(5), harbouring with three years to life under section 113(6) (again excluding a spouse), and knowingly possessing property derived from a terrorist act with imprisonment up to life under section 113(7).
How does section 113 BNS relate to the UAPA?
The two provisions are close to identical in definition, but the surrounding law is very different, and that is what the Explanation to section 113 turns on.
| Point | Section 113 BNS | Sections 15 and 16 UAPA |
|---|---|---|
| Definition | Section 113(1) | Section 15(1), with section 15(2) adding acts that are offences under treaties in its Second Schedule |
| Counterfeit currency | "Counterfeit Indian currency" | "High quality counterfeit Indian currency" |
| Punishment | Section 113(2): death or life if death results, otherwise 5 years to life | Section 16: the same ranges |
| Sanction to prosecute | No special sanction provision | Previous sanction of the Central or State Government under section 45 |
| Bail | General provisions of sections 480 and 483 BNSS | Section 43D(5) bars bail if the accusation appears prima facie true |
| Membership offence | Member of an organisation involved in a terrorist act, section 113(5) | Member of a terrorist gang or terrorist organisation, section 20 |
The Explanation to section 113 says that an officer not below the rank of Superintendent of Police shall decide whether to register the case under section 113 or under the Unlawful Activities (Prevention) Act. The choice has real consequences for the accused, because the bail restriction in section 43D(5) and the sanction requirement in section 45 of the UAPA come with the special statute and not with the BNS. The section gives no criteria for the choice, which is a fair point to make in a mains answer on the structure of the provision.
State laws on organised crime, such as the Maharashtra Control of Organised Crime Act, 1999, are not repealed by the BNS, whose repeal clause in section 358 touches only the Indian Penal Code. Which law is invoked in a particular case depends on the facts and on the investigating authority.
Which procedural provisions follow these offences?
The BNSS refers to organised crime and terrorist act in several places, so the offence classification has procedural consequences. Under section 43(3) BNSS, a police officer may use handcuffs, keeping in view the nature and gravity of the offence, while arresting or producing a person who has committed organised crime or a terrorist act, among other listed offences. Under section 107 BNSS, a police officer may, with the approval of the Superintendent or Commissioner of Police, apply to the court for attachment of property believed to be proceeds of crime, which supports the property-related limbs of sections 111 and 113.
Applying the sections to facts
Suppose a group of four men has, over the past six years, faced two charge sheets for extortion from market traders, and courts took cognizance of both. They now threaten a shopkeeper with violence for monthly payments. The activity is a cognizable offence punishable with three years or more, more than one charge sheet has been filed within ten years with cognizance, and the group is a syndicate of two or more persons acting for financial benefit. Section 111(2)(b) is available, along with section 111(4) for membership.
Change the facts so that the same group has no earlier charge sheets. The "continuing unlawful activity" element fails. The correct charge is extortion under section 308(2) BNS, with section 3(5) or section 61 for the joint element.
Suppose a gang of pickpockets works the crowds at a railway station. That is the paradigm case for section 112, with no need to prove any earlier charge sheet.
Suppose an explosive device is set off in a crowded market with intent to strike terror. The facts satisfy both section 113 BNS and section 15 UAPA, and the Superintendent of Police decides which law the case will proceed under.
How are these sections asked in exams?
Prelims questions focus on definitions and numbers: the minimum size of a syndicate (two persons), the look-back period for charge sheets (ten years), the minimum fine under section 111(2)(a) (ten lakh rupees), the rank of the officer who chooses between BNS and UAPA (Superintendent of Police), and the list of acts in section 112, especially the sale of public examination question papers.
Mains questions usually ask you to compare section 113 with the UAPA, or to apply section 111 to a fact pattern. The common errors are treating any gang offence as organised crime without checking the charge sheet history, overlooking the spouse exception to harbouring, and writing that section 113 replaced the UAPA, which continues in force alongside it.
When you need to explain to a client why classification matters at the arrest stage, the LegalFirms guide on bailable and non-bailable offences sets out the practical difference. The LegalFirms judgments index is one way to follow how High Courts apply sections 111 and 113 as cases reach them.
Key points to remember
- Section 111 requires a continuing unlawful activity: a cognizable offence of three years or more, with more than one charge sheet and cognizance in the preceding ten years.
- An organised crime syndicate needs only two or more persons.
- Section 111 sets minimum fines from ₹1 lakh to ₹10 lakh and minimum terms of three or five years for most limbs.
- Petty organised crime under section 112 needs no charge sheet history and carries one to seven years.
- Section 113 reproduces the UAPA definition of terrorist act with minor differences in wording.
- An officer not below the rank of Superintendent of Police decides whether to register under section 113 BNS or the UAPA.
- The UAPA's bail bar in section 43D(5) and sanction requirement in section 45 do not travel with section 113.
Where to go next
Read section 15 of the UAPA on the UAPA bare act side by side with section 113, marking every word that differs. Then attempt the special criminal laws mock tests and the BNS mock tests, where these new offences are a frequent source of statement-based questions.