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.
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