New Offences in BNS 2023

4.1 Organised Crime — Section 111

Definition: Any continuing unlawful activity done on behalf of an organised crime syndicate — i.e., a gang of two or more persons — using force, violence, threat, intimidation, coercion, or any other unlawful means.

Punishments under S.111:

• S.111(1): Organised crime not resulting in death — rigorous imprisonment of 5–10 years + fine
• S.111(2): Organised crime resulting in grievous hurt — RI 7–14 years + fine
• S.111(3): Organised crime resulting in death — death or RI for life + fine

Why significant: This was the biggest gap in IPC — states like Maharashtra, Karnataka, Gujarat had their own MCOCAs (Organised Crime Control Acts); BNS 111 creates national coverage.

4.2 Petty Organised Crime — Section 112

New offence covering crimes by organised gangs that are individually "petty" but systemic in impact:

• Mobile phone theft by organised networks
• Chain/ornament snatching
• Pickpocketing rings
• Theft of vehicles, theft from vehicles
• Card skimming (financial fraud by gangs)

Punishment: Imprisonment up to 7 years + fine (significantly higher than simple theft IPC 378/379 which was 3 years)

4.3 Terrorism — Section 113

Definition: An act done with intent to threaten the unity, integrity, sovereignty, security of India or to strike terror in people or any section, by using bombs, explosives, inflammable substances, noxious gases, or threatening the economic security of India.

Punishment: Death or life imprisonment (where act results in death); RI of 5 years to life (other cases)

Key change from IPC: IPC had no terrorism provision — terrorists could only be charged under UAPA 1967 (a special law). BNS 113 brings terrorism into the mainstream criminal code.

4.4 Hit-and-Run — Section 106(2)

New provision: If a person causes death by rash or negligent driving AND flees the accident scene without reporting to a police officer or magistrate, punishment is RI up to 10 years + fine.

Comparison:

• S.106(1) — death by negligent driving (equivalent to IPC 304A): maximum 5 years
• S.106(2) — death by negligent driving + fleeing: maximum 10 years

This created controversy because truck/bus drivers protested fearing harassment and arbitrary application.

4.5 Organised Snatching — Section 309 Explanation

Robbery with organised gang aspect: Where robbery (Section 309) is committed by persons belonging to an organised crime syndicate (defined under Section 111), it automatically attracts enhanced punishment.

4.6 Crimes Against Women — New/Enhanced Provisions

Offence	BNS Section	Change from IPC
Gang rape	S.70	Enhanced punishment for gang rape of minor under 18
Stalking	S.78	Retained from IPC S.354D; clarified definition
Acid attack	S.124	Retained from IPC S.326A; no change in punishment
Trafficking	S.143	Aligned with ITPA
Marital rape exemption	S.63 Exception 2	Retained for women above 18 (from IPC)

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