Organised crime syndicate

Clause (i) of the Explanation to Section 111(1) of the BNS defines an organised crime syndicate as a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity. The IPC had no such provision; organised crime was dealt with mainly by State laws such as the Maharashtra Control of Organised Crime Act, 1999, and the BNS brought it into the general penal code for the first time.

The definition depends on continuing unlawful activity, defined in clause (ii). It is an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken as a member of the syndicate or on its behalf, 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 offence, which clause (iii) defines to cover criminal breach of trust, forgery, counterfeiting, hawala and mass marketing fraud.

Section 111(1) then defines organised crime as continuing unlawful activity, such as kidnapping, extortion, land grabbing, contract killing, cyber crime or trafficking, by members of or on behalf of a syndicate, using violence, threats, intimidation, coercion or other unlawful means to obtain material benefit. Membership of a syndicate is itself an offence under Section 111(4), punishable with imprisonment of not less than five years extending to life and a fine of not less than five lakh rupees. Harbouring a member is punishable under Section 111(5), but not when the harbourer is the offender's spouse.

Distinguish petty organised crime under Section 112, which covers acts like theft, snatching, cheating and unauthorised ticket sales by a member of a group or gang, without the ten year charge sheet requirement. Examiners test the numbers: two or more persons, offences of three years or more, more than one charge sheet, ten years, and cognizance taken.