Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
INDCHH00000058252
.Courts have held that without the requisite previous chargesheets, invoking Section 111 may not be justified, and proceedings or registration under this section could be challenged or deemed inappropriate 2025 Supreme(Online)(AP) 15677, 2025 Supreme(Online)(AP) 6627.
Analysis and Conclusion:
References:- 2025 0 Supreme(HP) 343- 2025 Supreme(Online)(Chh) 10685- 2025 Supreme(Online)(CHH) 584- 2025 Supreme(Online)(CHH) 3950- 2025 Supreme(Online)(Ker) 41963- 2025 Supreme(Online)(Chh) 7512- 2025 Supreme(Online)(P&H) 5682- 2025 Supreme(Online)(AP) 15677- 2025 Supreme(Online)(AP) 6627- 2025 Supreme(Online)(AP) 15751
In the evolving landscape of India's criminal justice system under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 111 stands out as a stringent provision targeting organized crime and continuing unlawful activities. But when does the Chhattisgarh High Court opt for discharge under this section? This question—Discharge of Section 111 BNS of Chhattisgarh High Court—is increasingly relevant for accused persons, lawyers, and law enforcement navigating these charges.
This blog post breaks down the legal principles, judicial precedents, and practical considerations for discharge. Note: This is general information based on publicly available judgments and should not be construed as legal advice. Always consult a qualified attorney for case-specific guidance.
Section 111 of the BNS addresses offences related to organized crime, requiring proof of a syndicate or group (of two or more persons) engaged in continuing unlawful activity. Key elements include:
As the Kerala High Court clarified in Mohd. Hashim v. State of Kerala: where no charge sheet was filed against the accused in the preceding ten years, he cannot be held liable for the commission of an offence punishable under
The Chhattisgarh High Court, like other superior courts, discharges accused under Section 111 when foundational elements are missing. Here's a detailed analysis:
The Chhattisgarh High Court has consistently applied these principles in recent matters:
Other judgments highlight: Mere past offences like Section 307 IPC don't suffice without multiple cognized charge sheets. 2025 Supreme(Online)(P&H) 5682 In cyber crime cases, two prior charge sheets (CC Nos. 1259/2020, 1363/2021) were cited to sustain charges, underscoring the threshold.
Borugadda Anil Kumar VS State of A. P. , Rep. by its PP. - Andhra Pradesh
Chhattisgarh rulings emphasize: Registration under Section 111 without two prior cognized charge sheets within ten years is unlawful, warranting quashing or discharge. 2025 Supreme(Online)(Chh) 20514
INDCHH00000058252
While discharge is common without priors, exceptions include:- Evidence of ongoing activity outside the ten-year window.- Syndicate involvement proven independently.
Recommendations:- For Accused/Defense: Document absence of priors; seek discharge early.- For Prosecution: Prove multiple filings and cognizance rigorously.- Courts: Scrutinize evidence per precedents to avoid overreach.
Discharge under Section 111 BNS by the Chhattisgarh High Court typically occurs when prosecution fails to establish prior charge sheets (two within ten years), continuing unlawful activity, or syndicate involvement. As summarized: the discharge of
This provision balances anti-crime rigor with due process, preventing misuse against isolated offenders. Stay informed on evolving BNS jurisprudence—recent Chhattisgarh cases signal stricter thresholds.
References:1. 2025 0 Supreme(HP) 297 - Kerala HC: No liability without priors.2. 2024 0 Supreme(Ker) 825 - Prior activity essential.3. 2007 7 Supreme 79 - Mens rea nuances.4. 2025 Supreme(Online)(Chh) 10685, 2025 Supreme(Online)(Chh) 7512, etc., for Chhattisgarh specifics.
#Section111BNS, #ChhattisgarhHC, #OrganizedCrimeLaw
(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Bhartiya Nayaya Sanhita - Section 111 - Regular bail ... 111 were satisfied. ... 111 - No charge sheet filed against petitioners in the last ten years - Bail granted with conditions. ... The police have also added Section 111 of BNS. It reads as under: “111. Organised Crime. ... ....
punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 6376/2025 and 6576/2025) and offence punishable under Section 111 and 317(2)(4)(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6895/2025). ... ), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 6376/2025 and 6576/2025) and of....
111 - Petition for quashing FIR and charge-sheet for alleged offences under NDPS Act and Arms Act - Court found that the FIR and ... Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c), 29 - Arms Act - Section 25 - Bharatiya Nyay Sanhita, 2023 - Section ... On 16.01.2025 learned Trial Court cognizance the punishable offences Under Section 21(c), 29 of NDPS Act, Section 25 Arms Act and #H....
In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. ... proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. ... 2025:CGHC:16920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by GOURI GOURI MUDALIAR MUDALIAR D....
It is settled law that for exercising the power under Section 528 of BNSS, the High Court should not conduct a mini trial or microscopic scrutiny of documents. Moreover, the petitioners have an effective remedy of moving the trial court for discharge. ... Bharatiya Nyaya Sanhita, 2023 , now pending as S.C No.331 of 2025 on the files of the Additional Sessions Court-III....
(C.G.) for the offence punishable under Section 34(2), 59(A) and 36 of the Chhattisgarh Excise Act and Section 111 of BNS. ... 111 of BNS, is rejected ... Accordingly, the bail application of applicant – Krishna @ Sonu Chature, involved in Crime No.193/2024, registered at Police Station-Hathband, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under #H....
111 of BNS are triable by the Court of Sessions. ... ii) That although Section 111(2) of BNS has been invoked in this case, but the custody certificate, placed on record, shows that except for an offence under Section 307 IPC, the petitioner has not been booked for any other offence in the past; iii) That ... For the commission of offence punishable under Sec....
In the absence of any chargesheet at the time of registration of crime, the registration of offence under Section 111 of the BNS at this stage appears to be not in consonance with the requirement of law. The High Court of Kerala in the matter of Mohammed Hashim v. ... Reasoning: Before going into the applicability of Section 111 of the BNS, it would b....
Reasoning: Before going into the applicability of Section 111 of the BNS, it would be appropriate to refer to Section 111 of the BNS so that there is ease in explaining the scope and applicability of the provision. Section 111 of the BNS reads as under: Section 111. ... In the absence of any charge....
Section 111 of the BNS and in the absence of any such chargesheets, Section 111 of the BNS is not attracted. ... Section 111 of the BNS reads as under: Section 111 . ... The High Court of Kerala in the matter of Mohammed Hashim v. State of Kerala , 2014 SCC Onl....
12. Continuing unlawful activity under explanation (ii) of Section 111(1) of the BNS means an activity prohibited by law, which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet has to be filed before a competent Court within the preceding period of ten years and that Court has taken cognizance o....
(b) accused should be a member of an organised crime syndicate; 20. The police have also added Section 111 of BNS. It reads as under: “111. Organised Crime. “(1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafÏcking of persons, drugs, weapons or illicit goods or services, human trafÏcking for prostitution or ransom, by any person or a group of persons acting in conc....
11. It has been mentioned in the status report that in compliance of the directions of this Court, the applicants have joined the investigation and the physical evidence produced by them was taken into possession. 12. As per the further stand taken in the status report, during investigation of the case, it was found that the provisions of Section 111 of the BNS were not attracted, hence, Section 111 of the BNS was deleted, from this case. 13. On the basis of the investigation....
5. On the contrary, learned Assistant Public Prosecutor submitted that apart from the present case, which has been registered against the petitioner herein, two charge sheets were filed against the petitioner herein under Cyber Crimes in the years 2020 and 2021, which were taken on file as (1) CC No.1259 of 2020 on the file of the learned II Judicial Magistrate of First Class, Machilipatnam, Krishna district and (2) CC No.1363 of 2021 on the file of the Judicial Magistrate of First Class, Mobi....
Issuance of a notice and admitting the respondents on bail would not mean that the Court has taken the cognizance and is required to proceed under Section 244 Cr.P.C, as not only in one order but in subsequent order of 11.07.2019, extracted ibid, during the presence of the parties, the objection qua maintainability was left open. Period of six months cannot be enlarged after the complainant ceased to be a member or a Chairman of the Commission. High Court in this case as per provisio....
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