BNS Section 112: Petty Organised Crime
Section 112 of the Bharatiya Nyaya Sanhita, 2023 creates the offence of petty organised crime. It applies when a person who is a member of a group or gang, acting either singly or jointly, commits specified recurring forms of criminal activity such as theft, snatching, cheating, unauthorised ticket selling, unauthorised betting or gambling, selling public examination question papers, or another similar criminal act.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 112 came into force on July 1, 2024.
Text of Section 112 of the Bharatiya Nyaya Sanhita, 2023
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 "theft" 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.
The official BNS text can be verified through India Code - Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
What amounts to petty organised crime?
Section 112 requires the person to be a member of a group or gang. The member may act alone or jointly with others. The provision then identifies a number of criminal acts which may constitute petty organised crime when committed in that capacity.
- theft;
- snatching;
- cheating;
- unauthorised selling of tickets;
- unauthorised betting or gambling;
- selling of public examination question papers; and
- any other similar criminal act.
Membership of a group or gang is an express part of Section 112(1). The provision does not merely create a general enhanced punishment for every isolated theft, cheating or similar offence.
Meaning of theft for Section 112
The Explanation to Section 112 gives an expanded list of theft-related conduct for the purpose of this provision. It expressly includes:
- trick theft;
- theft from a vehicle;
- theft from a dwelling house;
- theft from business premises;
- cargo theft;
- pick pocketing;
- theft through card skimming;
- shoplifting; and
- theft of an Automated Teller Machine.
Punishment under Section 112 BNS
| Minimum imprisonment | One year. |
|---|---|
| Maximum imprisonment | Seven years. |
| Fine | The offender is also liable to fine. |
Is Section 112 BNS bailable?
| Cognizable | Yes. |
|---|---|
| Bailable | No. The offence is non-bailable. |
| Triable by | Magistrate of the first class. |
This procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text can be accessed through India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 111 and Section 112 BNS
Section 111 BNS deals with organised crime and contains detailed requirements concerning continuing unlawful activity, an organised crime syndicate and material benefit. Section 112 separately addresses petty organised crime committed by a member of a group or gang and provides a lower punishment range than Section 111.
Frequently asked questions
What is petty organised crime under Section 112 BNS?
It is an offence committed when a member of a group or gang, acting either singly or jointly, commits one of the criminal acts identified in Section 112(1), such as theft, snatching, cheating, unauthorised ticket selling, unauthorised betting or gambling, selling public examination question papers, or another similar criminal act.
What is the punishment for petty organised crime?
Imprisonment must be at least one year and may extend to seven years. The offender is also liable to fine.
Does Section 112 include card skimming and shoplifting?
Yes. The statutory Explanation expressly includes theft through card skimming and shoplifting within the theft examples for Section 112.
Is Section 112 BNS non-bailable?
Yes. Under the BNSS First Schedule, Section 112 is cognizable and non-bailable and is triable by a Magistrate of the first class.
This page is intended as a general legal reference. Application of Section 112 depends on the alleged acts, group or gang membership, evidence, date of occurrence and binding judicial decisions.