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Analysing the retrieved Case Laws
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The offence does not require prior criminal antecedents for the accused; the act itself falling within the scope of ongoing unlawful activity suffices for prosecution ["Muhammad Rasheed VS State of Kerala - Crimes"].
Analysis and Conclusion
In the evolving landscape of Indian criminal law, the Bharatiya Nyaya Sanhita, 2023 (BNS) has introduced new provisions to address modern crimes, including petty organised crime under Section 112(1). A common question arises: Can two persons form a group under Section 112(1) BNS? This query is crucial for lawyers, law enforcement, and individuals navigating potential charges related to group-based criminal activities. While the section doesn't explicitly state a minimum number, its language and related provisions offer important clues. This post breaks down the legal text, interpretations, and comparisons to provide clarity—remember, this is general information, not specific legal advice.
Section 112(1) BNS targets petty organised crime, punishing those who, being a member of a group or gang, either singly or jointly, commits any act causing annoyance or harm through specified criminal acts like vehicle theft or snatching. The key phrase is being a member of a group or gang14171~S.112.
This provision emphasizes membership in a collective entity involved in criminal acts, but it notably does not specify the minimum number of persons required to form such a group. The focus is on the individual's role within the group, allowing liability even for acts committed singly or jointly14171~S.112. This broad wording raises ambiguity: Can a single person be a member of a group, or does a group inherently require at least two?
The term group or gang typically implies multiple persons in criminal law contexts, evoking images of coordinated criminal enterprises. However, Section 112(1) criminalizes the acts of a member, not the group itself. Logically, this suggests liability attaches to individuals affiliated with such entities, even if acting alone 14171~S.112.
Legal commentary notes the novelty and broad scope of Section 112, prioritizing collective criminal involvement without numerical thresholds 14171~S.112.
For contrast, Section 111 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 activityAnshul Rana vs State of Himachal Pradesh - 2025 0 Supreme(HP) 343AMRISH RANA vs State of H.P. - 2026 Supreme(Online)(HP) 363AMAN RANA vs STATE OF HP - 2026 Supreme(Online)(HP) 364Pesala Sivashankar Reddy vs State of Andhra Pradesh - 2024 Supreme(Online)(AP) 16261.
This distinction implies Section 112 could apply to minimal groupings, aligning with its focus on petty offences like local theft rings.
While direct rulings on Section 112's group size are emerging, related cases provide context:
One analogy from older law notes two persons can form a 'group' in contexts like gang rape under IPC, requiring concerted action (Pradeep Kumar v. Union Administration Chandigarh) THONGAM TARUN SINGH VS STATE OF MANIPUR - 2018 Supreme(Manipur) 27. This supports interpreting BNS groups similarly.
No case definitively sets Section 112's threshold at two, but precedents lean toward multiple persons for gangs AMRISH RANA vs State of H.P. - 2026 Supreme(Online)(HP) 363.
In practice:- Prosecution strategy: Demonstrate membership in a group involving at least two, aligning with common understandings and Section 111 parallels Anshul Rana vs State of Himachal Pradesh - 2025 0 Supreme(HP) 343.- Defence arguments: Challenge lack of explicit minima or proof of collective acts 14171~S.112.- Seek clarification: Judicial interpretation may evolve; currently, two persons can reasonably form a group under Section 112(1), especially for petty crimes.
Exceptions persist: Sections 111 and 111(1) strictly need two or more for larger syndicates Anshul Rana vs State of Himachal Pradesh - 2025 0 Supreme(HP) 343.
In conclusion, while ambiguous, two persons can form a group under Section 112(1) BNS, fitting its broad anti-crime intent. Stay informed as case law develops—this provision aims to curb small-scale organised mischief effectively.
Disclaimer: This article provides general insights based on available texts and is not legal advice. Consult a qualified lawyer for your situation.
#BNS112, #PettyOrganisedCrime, #BharatiyaNyayaSanhita
Furthermore, an organised crime syndicate under Explanation (i) of sub-section (1) of Section 111 of the BNS means a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity. 14. ... In view of the above discussion, to attract an offence under Section 111 (1) of the BNS it is imperative that a group of two or more persons....
Furthermore, an organised crime syndicate under Explanation (i) of sub-section (1) of Section 111 of the BNS means a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity. 14. ... In view of the above discussion, to attract an offence under Section 111 (1) of the BNS it is imperative that a group of two or more person....
Furthermore, an organised crime syndicate under Explanation (i) of sub-section (1) of Section 111 of the BNS means a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity. 13. ... In view of the above discussion, to attract an o under Section 111 (1) of the BNS it is imperative that a group of two or more person....
Furthermore, an organised crime syndicate under Explanation (i) of sub-section (1) of Section 111 of the BNS means a group of two or more persons who, acting either singly or jointly as a syndicate or gang, indulge in any continuing unlawful activity. 13. ... In view of the above discussion, to attract an o under Section 111 (1) of the BNS it is imperative that a group of two or more person....
Section 67 : Punishment for publishing or transmitting obscene material in electronic form. ... —For the purposes of this sub-section –– (i) “organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity; (ii) “continuing unlawful activity” means ... - Section 111 (1) BNS 2023 defines organized crime, covering a range of offenses including kid....
Based on same, Crime no.112/2024 was registered for offences under Section 140 (1), 103 (1) read with Section 3 (1) of BNS arraigning Shambulinga as accused no.1 and two unknown persons. BNS S ’) for grant of regular bail in Crime no.112/2024 by Aigali Police Station for offences punishable under Sections 189 (2), 191 (3), 126 (2), 49, 115 (2), 238, 190, 103 (1) and 140 (#HL_ST....
Section 112 of the BNS 2023 read as follows: BNS , 2023 have approached this Court in these two petitions filed under Section 528 of BNS S 2023, with a prayer to quash the entire proceedings in the aforesaid case, as against them. ... Therefore even the offence punishable under Section 112 of BNS 2023 would not get attracted against the accused in the present case. ... So far as the offences punishable under #HL_....
had committed a minor organized offence punishable under Section 4(A) of the Public Gambling (Madhya Pradesh) Act, 1976, read with Sections 112 and 49 of the Bharatiya Nyaya Sanhita (BNS). ... Applicant apprehends his arrest in connection with Crime No.447/2025 registered at Police Station Aron, District Guna for the offence punishable under Section 112, 49 of BNS and Section 4(A) of the Public Gambling Act. ... State of Bihar (supra) for offences pu....
under Sections 331(4), 305(A), 317(2) 112 and (3)5 of the BNS, 2023. ... court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. ... In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. ... (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framin....
Section 48 of the Act, 1982. ... Petitioner No.1 and Late Bairagi father of Petitioner Nos.2, 3 and 4 had filed objection under Section 9 of the Act, 1952 claiming co-tenancy right over Khata No.112 on the ground that the family of the petitioners and the opposite parties were Joint Hindu Family and Late Ramhit was the Karta of the ... Learned counsel for the petitioners is also unable to dispute that the names of the petitioners or their predecessors were never ever entered in the revenue records in the gatas of Khata N....
7. Chapter XVII of BNS deals with the offences against property. Section 329 to 333 of BNS deals with Criminal trespass. Criminal trespass and house trespass are defined in Section 329(1) and (2) of BNS respectively. Section 324(6) of BNS says that, whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 6. It is true that Section 324 o....
20. Mr. Phukan has objected to these bail applications. According to Mr. Phukan, these types of accusations are there in different parts of the State of Assam for which different police cases were registered against the petitioner Dulal Bora. To prove this submission, Mr. Phukan has placed a judgment of this Court that was delivered on 25.02.2020, in PIL 29 of 2019. 18. Police registered the case in Sonari P.S. Case No.112/2024 under Sections 108/ 308(2) and 3(5) of BNS, 2023. 17. After the death of Debajit Hazarika, on 20.09.2024, his wife lodged an FIR before police alleg....
The question is whether two persons can form a "group". In this regard, one may refer the decision of Hon'ble Supreme Court in Pradeep Kumar v. Union Administration Chandigarh, 2006 (10) SCC 608 in which it has been held that to bring the offence of rape within the purview of Section 376(2)(g)IPC, read with Explanation (1) to this Section, the prosecution has to prove:- "(i) that more than one person had acted in concert with the common intention to commit rape on the victim ; While defining "group" with reference to air force in military, it has been defined as a division ....
especially those recruited from outside are residing outside Tripura at their native places and when they take treatment either at their home towns or at other places outside Tripura, they are not extended the benefit of medical reimbursement on the ground that the cases of such family members of TSR personnel have not been referred to by the Standing Medical Board of the State of Tripura. 4. However, when the family members of the Group-C & Group-D employees of TSR Bns.
An association is normally understood to mean a body which brings together people with a common interest or purpose as a trade association defined under the Act. These thirty one persons could at best be described to form a group, but then group has been separately defined in the Act (Section 2 (e), (f). They may also be working in association with each other, but they certainly cannot be said to form an association."
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