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

Under the Bharatiya Nyaya Sanhita, 2023, which of the following is a necessary element of 'continuing unlawful activity' for organised crime?

Continuing unlawful activity requires a cognizable offence punishable with at least three years' imprisonment, undertaken singly or jointly as a syndicate member or on its behalf, with more than one charge-sheet filed in the preceding ten years and cognizance taken by a competent Court. A conviction is not required.

  1. AThe activity is a cognizable offence punishable with imprisonment of three years or more, and more than one charge-sheet has been filed in the preceding ten years with cognizance taken by a competent CourtCorrect
  2. BThe activity is any non-cognizable offence repeated at least twice within five years
  3. CThe activity is a cognizable offence punishable with imprisonment of one year or more, with one charge-sheet filed in the preceding ten years
  4. DThe activity is a cognizable offence punishable with imprisonment of three years or more, with a conviction recorded in the preceding ten years

Explanation

The explanation to Section 111(1) defines continuing unlawful activity as a cognizable offence punishable with three years or more, undertaken singly or jointly as a syndicate member or on its behalf, with more than one charge-sheet filed in the preceding ten years and cognizance taken by the Court. Option D wrongly requires a conviction, while option C lowers both the punishment threshold and the charge-sheet requirement.

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