Karnataka HC: What are parameters for invoking S 111 of BNS 2023 of organised crime?

 The primary intent behind introducing Section111 of BNS, 2023, is to provide a targeted and effective mechanism to dismantle organized crime syndicate. From a reading of the said provision of law, it is manifest that for the purpose of invoking Section 111 of BNS, 2023, there are certain basic parameters and if only it is found that the accused comes within the said parameters, the offence punishable under Section 111 of BNS, 2023 can be invoked. The said parameters are as follows:

(a) the offences enlisted in the Section must have been committed;

(b) accused should be a member of an organized crime syndicate;

(c) he should have committed the crime as a member of an organized crime syndicate or on behalf of such syndicate;

(d) he should have been chargesheeted more than once before a competent Court within the preceding period of ten years for a cognizable offence punishable with imprisonment for three years or more and the Court before which chargesheet has been filed should have taken cognizance of such offence and includes economic offence;

(e) the crime must be committed by using violence, intimidation, threat, coercion or by any other unlawful means. {Para 11}

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Criminal Petition No. 893 of 2025

Decided On: 11.03.2025

Avinash Vs. The State of Karnataka

Hon'ble Judges/Coram:

S. Vishwajith Shetty, J.

Citation: 2025:KHC:10169, MANU/KA/0938/2025.

Read full judgment here: Click here.

Print Page

Karnataka HC : Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused

This Court has noticed that Investigation Officer has filed an application before the Trial Court seeking permission to invoke the offence punishable under Section 111 of BNS, 2023 and the Trial Court without application of mind has allowed the said application. Offence under Section 111 of BNS, 2023 is punishable with life imprisonment and therefore, statute provides ninety days time to complete the investigation and file a final report. {Para 14}

15. In the present case, chargesheet was required to be filed within sixty days from the date of arrest of the accused. However since the Trial Court has permitted the Investigation Officer to invoke the offences punishable under Sections 111(3) and 111(4) of BNS, 2023, the time to complete investigation and submit final report, automatically gets extended and thereby, the precious right guaranteed to an accused under Section 187(3) of BNSS, 2023 is infringed and his right to liberty guaranteed under Article 21 of the Constitution of India is also curtailed.

16. The Courts are therefore required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of BNS, 2023 and whenever such an application/requisition is filed by the Investigation Officer, the Courts are required to apply their mind and thereafter pass necessary orders. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie show the necessity to invoke the offence punishable under Section 111 of BNS, 2023 and it is only after considering such material which is are produced by the Investigation Officer along with the application/requisition, the concerned Court can consider his request to invoke the offence punishable under Section 111 of BNS, 2023.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Criminal Petition No. 893 of 2025

Decided On: 11.03.2025

Avinash Vs. The State of Karnataka

Hon'ble Judges/Coram:

S. Vishwajith Shetty, J.

Citation: 2025:KHC:10169, MANU/KA/0938/2025.

Print Page

Supreme Court: Magistrate cannot direct Police to include accused in charge sheet, instead issue summons to person proposed to be added.

 Having considered the matter, we find some technical merit in the contention of the learned counsel for the petitioner. The Court has the power to differ from the Final Form submitted by the Police and take cognizance of a crime and also against persons who may not have been sent up for trial by the Police after investigation. In such circumstances, the Court is then required to issue summons instead of directing for inclusion of the name of the person in the charge-sheet. Thus, ultimately, the result is the same, that is, the person concerned is arrayed as an accused upon taking cognizance after application of mind by the Court and accordingly, summons are issued. Thus, the order which in essence is of summons as an accused, cannot be faulted. {Para 3}

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).3649/2025

GOPAL PRADHAN  Vs STATE OF CHHATTISGARH & ORS. 

Date : 17-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

UPON hearing the counsel the Court made the following

O R D E R

Print Page

Digest of Caselaws on Civil and criminal appeal and revision

 

1) Leading SC and other HC Judgments on Civil appeal, criminal appeal, civil revision, criminal revision and remand of case (Part 1)

https://www.lawweb.in/2021/03/leading-judgments-on-civil-appeal-civil.html

2) Leading SC and other HC Judgments on Civil appeal, criminal appeal, civil revision, criminal revision and remand of case (Part 2).

https://www.lawweb.in/2024/08/leading-sc-and-other-hc-judgments-on.html

3) Notes on Civil appeal

Print Page