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

A gang's activity is alleged to be a "continuing unlawful activity" under Section 111 BNS. Which set of facts best satisfies the Explanation's definition, apart from the economic offence limb?

The first set satisfies it: a cognizable offence punishable with three years or more, done as a syndicate member or on its behalf, with more than one charge-sheet filed within the preceding ten years and cognizance taken by the competent Court.

  1. AA cognizable offence punishable with at least three years' imprisonment, undertaken for a syndicate, with more than one charge-sheet filed in the preceding ten years and cognizance taken by the CourtCorrect
  2. BAny offence punishable with fine only, with one charge-sheet filed in the preceding ten years
  3. CA non-cognizable offence punishable with two years, with two charge-sheets filed in the preceding five years
  4. DA cognizable offence punishable with three years, with a single charge-sheet filed and cognizance taken

Explanation

The definition requires a cognizable offence punishable with imprisonment of three years or more, undertaken as a syndicate member or on its behalf, with more than one charge-sheet in the preceding ten years and cognizance by the Court. The other options miss the offence grade, cognizability or the more-than-one charge-sheet requirement.

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