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Bharatiya Nyaya Sanhita, 2023 Chapter VI · Of Offences Affecting the Human Body — Of Offences Affecting Life
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Bharatiya Nyaya Sanhita, 2023 — Section 112

Petty Organised Crime

Section 112 is a wholly new provision, with no equivalent under the old Indian Penal Code, 1860. It defines "petty organised crime" as theft, snatching, cheating, and similar acts committed by a member of a group or gang, and punishes it with imprisonment of one to seven years and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which lists Section 112 as a "New Section," and cross-checked directly against the old Indian Penal Code, 1860, which contained no equivalent offence.

BNS sectionIPC, 1860 equivalentCategory
112— (none)No predecessor

"Petty organised crime," as a distinct, lower-threshold offence sitting alongside Section 111's organised crime, is new to the Bharatiya Nyaya Sanhita, 2023.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: imprisonment for a term not less than one year but which may extend to seven years, and fine. The offence is cognizable and non-bailable, and triable by a Magistrate of the first class.

Statutory Text (Verbatim)

(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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Sub-section (1) — Definition of "petty organised crime"

Explanation (Lexovia's Commentary)

This sub-section defines "petty organised crime" as an act of theft, snatching, cheating, unauthorised ticket selling, unauthorised betting or gambling, selling of examination question papers, or similar acts, committed by a person who is a member of a group or gang, whether acting singly or jointly with others. The Explanation broadens "theft" to expressly include trick theft, vehicle theft, dwelling-house or business-premises theft, cargo theft, pickpocketing, card-skimming theft, shoplifting, and ATM theft.

Illustration (Lexovia's Own Example)
A, a known member of a street gang, picks the pocket of a commuter on a crowded train, acting alone on that particular occasion. Because A is a member of a group or gang, this act of pickpocketing amounts to petty organised crime under sub-section (1), even though A acted singly in this instance.

Sub-section (2) — Punishment for petty organised crime

Explanation (Lexovia's Commentary)

This sub-section sets the punishment for committing petty organised crime as defined in sub-section (1): imprisonment for a term of not less than one year, which may extend to seven years, along with fine.

Illustration (Lexovia's Own Example)
Having been found guilty of the pickpocketing described above, A is sentenced under sub-section (2) to two years' imprisonment along with a fine, within the one-to-seven-year range set by this sub-section.
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Related / Cross-Referenced Sections

FAQs

How is petty organised crime different from organised crime under Section 111?

Section 111 requires a "continuing unlawful activity" meeting specific conditions, including more than one charge-sheet filed and cognizance taken within the preceding ten years, and covers serious offences like extortion, trafficking, and contract killing. Section 112 applies to lesser acts like theft, snatching, and cheating, committed by a group or gang member, without that continuing-activity threshold, and carries a materially lower punishment.

Must the offence actually be committed jointly with others?

No. The statute expressly covers a member of a group or gang acting "either singly or jointly." What matters is that the offender is a member of a group or gang, not that the specific act was committed together with other members.

Is this offence bailable?

No. Per the BNSS First Schedule, it is non-bailable and cognizable, triable by a Magistrate of the first class.

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