The court established that organized crime allegations require multiple prior charge sheets within ten years for statutory applicability, aligning with previous judicial standards.

ORDER :

1. The petitioner is arraigned as Accused No.1 in Crime No.411 of 2024 at Kankipadu Police Station, Krishna District, registered under Sections 192 , 196, 336(4), 340(2), 353(2), 61(2), 111(2)(b) B.N.S, 67 of Information Technology Act, 2000-2008.

2. It is alleged that the de facto complainant noticed a posting on the social media platform Facebook on 08.11.2024 posted by the petitioner. The posting related to defamatory content concerning the Deputy Chief Minister and the Chief Minister of the State, with the intention to defame both. The petitioner is alleged to have used abusive language in the said posting. The posting is further alleged to have caused political disturbance that could lead to escalated violence. A complaint was lodged by the de facto complainant.

3. The learned counsel for the petitioner submits that the petitioner has been made an accused in two other crimes for the same postings. However, in those cases, the petitioner was not alleged to have committed offenses under Section 111 (2)(b) of the Bharatiya Nyaya Sanhita ( BNS ), 2023. The learned counsel for the petitioner submits that to attract an offense under Section 111 , the mandate of the section requires, the petitioner to be accused of two other offenses where charge sheets are filed against the petitioner within a preceding period of ten years and the Court must have taken cognizance of such offenses. It is also submitted that the acts against the petitioner do not constitute organized crime as defined under Section 111 of Bharatiya Nyaya Sanhita ( BNS ), 2023. It is also submitted that Section 67 of Information Technology Act cannot be applicable to the facts of the case.

4. The learned counsel for the petitioner placed reliance on the judgments of Suraj Singh @ Noni vs. State of Punjab , 2024: PHHC :127296 and Muhmmad Rasheed vs. State of Kerala , 2024 SCC Online Ker 4682.

5. The learned Public Prosecutor submits that more than 35 cases have been registered across the state against various persons for similar abusive postings on social media. The learned Public Prosecutor further submits that the applicability of Section 111 (2)(b) of the Bharatiya Nyaya Sanhita ( BNS ), should be decided by the Courts. It is also submitted that interim protection has been granted in all cases to petitioners who approached the Court seeking anticipatory bail.

6. The primary contention of the learned counsel for the petitioner that section 111 of Bharatiya Nyaya Sanhita ( BNS ) would not be applicable to the facts of this case requires consideration of this Court:

“A dedicated section to combat organized crime, ensuring no room for unlawful activities orchestrated by syndicates which pose a grave threat to the internal security of the country has been added.

- Section 111 (1) BNS 2023 defines organized crime, covering a range of offenses including kidnapping, robbery, vehicle theft, extortion, contract killing, cyber-crimes, human trafficking and more.

- Offences which were either not clearly defined or non- existing in the previous statute have been kept as a separate section 112-(Petty Organised Crime) clearly defining it like snatching, shoplifting, betting or gambling & selling examination papers.

- It further explains organised crime syndicates and continuing offence and activities committed individually or by organized crime syndicates, using violence, threats, or coercion, are now punishable.

- Economic Offences have also been defined which includes a spectrum of crimes such as criminal breach of trust, forgery, counterfeiting of currency-notes, hawala transactions, mass-marketing