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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

A gang of three persons has, in the last ten years, been charge-sheeted more than once for cognizable offences punishable with three years or more, and a court took cognizance each time. Using violence they run vehicle theft for financial gain. Under section 111 of the Bharatiya Nyaya Sanhita, 2023, which statement is correct if no death resulted and one member is convicted of committing organised crime?

The member faces imprisonment of not less than five years which may extend to life, and a fine of not less than five lakh rupees. Section 111(2)(b) applies where organised crime has not resulted in death; the harsher penalty applies only when death results.

  1. APunishment is imprisonment not less than five years, extending to life, and fine not less than five lakh rupeesCorrect
  2. BPunishment is imprisonment up to three years only, with no minimum fine
  3. CPunishment is death or life imprisonment with fine of at least ten lakh rupees
  4. DPunishment is imprisonment not less than three years up to ten years with fine of at least one lakh rupees

Explanation

The facts match continuing unlawful activity by a syndicate of two or more persons using violence for benefit. Under section 111(2)(b), in cases without death, imprisonment is not less than five years, extending to life, plus fine of not less than five lakh rupees. The death-or-life option with ten lakh fine applies only where death resulted under 111(2)(a).

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