Madhya Pradesh High Court Clarifies Organised Crime Charges
In a significant ruling, the Madhya Pradesh High Court has clarified that simply having a criminal record is insufficient to charge an individual under the organised crime provisions of Section 111 of the Bharatiya Nyaya Sanhita (BNS). The decision came in the case of Tanmay v State of Madhya Pradesh, delivered by Justice Ramkumar Choubey.
Essential Elements for Organised Crime Offence
Justice Choubey emphasized that the prosecution must provide prima facie evidence of ongoing unlawful activities conducted by an organised crime syndicate or on its behalf, as stipulated in Section 111. The ruling highlighted the need for more than just a history of criminal behavior to justify invoking these stringent provisions.
The Court noted a troubling trend where police authorities were applying this penal provision without thoroughly evaluating the fundamental elements required to establish an organised crime offense. “In numerous instances, the provision is applied merely because the accused have prior criminal records,” Justice Choubey observed. “However, criminal history alone does not suffice unless the specific criteria outlined in Section 111 are satisfied.”
Case Background and Court’s Findings
The ruling arose during the bail hearing of an individual accused of attempted murder. Law enforcement had invoked Section 111 against the accused, citing his involvement in two previous criminal cases. Two co-accused were linked to ten and four prior cases, respectively.
Upon reviewing the evidence, the Court determined that the allegations did not indicate involvement in any ongoing unlawful activities or actions undertaken as part of an organised crime syndicate. Moreover, the Court found that the offenses associated with the co-accused were not committed collectively.
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Evaluation of Police Procedures
The Court scrutinized the process by which the police sought approval from the superintendent for applying Section 111. The documentation failed to confirm whether charge-sheets were filed or if judicial cognizance of the offenses had been taken. Justice Choubey remarked, “The order heavily relies on the presence of criminal history, neglecting the statutory mandates of Section 111 of the BNS.”
As a result, the Court ruled that invoking Section 111 was inappropriate in this instance since the statutory requirements were unmet. The provision officially came into effect on July 1, 2024, and none of the alleged crimes occurred after this date.
Bail Decision and Legal Representation
In addition to these findings, the Court noted that the complainant had become uncooperative during the trial, and a co-accused, accused of causing firearm injuries, had been granted bail. Consequently, the Court decided to grant bail to the accused, who had been detained since December 15, 2025.
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Advocate Ravinandan Dwivedi represented the accused, while Panel Lawyer Ravindra Rajpoot appeared for the State.
