Code : Section 112
(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
Explanation of Section 112 BNS
Section 112 of the Bharatiya Nyaya Sanhita (BNS) focuses on crimes committed by organised groups engaging in petty offenses such as theft, fraud, and illegal activities. The provision aims to curb small-scale but systematic criminal operations that affect public safety and economic stability.
Key Provisions:
- Definition of Petty Organised Crime: Includes theft, snatching, cheating, illegal betting, unauthorized ticket selling, and examination paper leaks.
- Types of Theft Included: Covers pickpocketing, shoplifting, ATM theft, cargo theft, and theft through fraud.
- Punishment: Minimum imprisonment of one year, which may extend to seven years, along with a fine.
Illustrations
Example 1: Pickpocketing in a Gang
A gang operates in a crowded metro station, systematically stealing wallets and mobile phones. Each member has a specific role, such as distracting victims or passing stolen goods. This qualifies as petty organised crime under Section 112 BNS.
Example 2: ATM Skimming
A group installs skimming devices on ATMs to steal card details and withdraw money fraudulently. Since this is a coordinated effort involving financial theft, it falls under petty organised crime.
Example 3: Selling Leaked Examination Papers
A network illegally sells leaked question papers for competitive exams. This organized effort to commit fraud also falls under Section 112.
Common Questions and Answers
1. What differentiates petty organised crime from individual offenses?
Petty organised crime involves coordinated efforts by a group, unlike isolated individual offenses.
2. What is the minimum punishment for petty organised crime?
The minimum imprisonment is one year, which can extend up to seven years, along with a fine.
3. Can a single person be charged under Section 112?
Yes, if they are part of a group or gang engaged in organized petty crimes.
4. Does this section cover online fraud?
If the fraud involves an organized network, such as phishing scams or card skimming, it may be covered under this section.
5. Is bail available for petty organised crime?
Bail depends on the severity of the offense and court discretion.
Conclusion
Section 112 BNS ensures stricter penalties for small but organized criminal activities that impact public safety and financial security. By defining and penalizing such offenses, the law aims to deter criminals operating in groups.
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