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

Ravi, Sunil and Imran form a gang and regularly pick pockets in Mumbai local trains. Which classification fits their conduct under the Bharatiya Nyaya Sanhita, 2023?

Their conduct is petty organised crime. Section 112 of the Bharatiya Nyaya Sanhita applies where a member of a group or gang commits theft, and the Explanation expressly includes pick pocketing. Organised crime under section 111 needs more demanding elements, such as continuing unlawful activity.

  1. APetty organised crime, since members of a group commit theft including pick pocketingCorrect
  2. BOrganised crime, since any theft by a gang is organised crime
  3. CNot an offence, since theft of small value is excluded
  4. DOrganised crime only if the gang has more than ten members

Explanation

Section 112 covers a member of a group or gang committing theft, and its Explanation includes pick pocketing. Section 111 requires a continuing unlawful activity with more than one charge-sheet in ten years, so it is not automatically attracted.

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