Which of the following acts meets the legal threshold of organized crime under the provisions of the Bharatiya Nyaya Sanhita (BNS)?
Correct Answer :
A syndicate-led, multi-person scheme executing digital financial fraud
Solution :
Correct Answer: A syndicate-led, multi-person scheme executing digital financial fraud
Explanation:
Under Section 111 of the Bharatiya Nyaya Sanhita (BNS), 2023, organized crime is officially codified as a distinct criminal offense. Organized crime refers to any continuing unlawful activity—including kidnapping, robbery, extortion, land grabbing, economic offenses, cybercrimes, or financial fraud—carried out by a person, either singly or jointly, as a member of a crime syndicate or on behalf of such a syndicate.
Key Legal Criteria for Organized Crime under the BNS:
1. Syndicate or Group Involvement: The criminal activity must involve a structured syndicate, gang, or multi-person network working in concert.
2. Nature of the Activity: It encompasses systematic illegal acts, including cybercrimes, digital financial fraud, and major economic offenses.
3. Unlawful Gain: The primary objective behind the act is securing direct or indirect material or financial advantages through unlawful means.
Analysis of Options:
• A syndicate-led, multi-person scheme executing digital financial fraud: Meets all legal criteria of organized crime under the BNS because it is a coordinated, multi-person effort operating as a syndicate to commit systematic digital/financial crimes for economic gain.
• An altercation arising from a private argument between two individuals: This is a personal, spontaneous dispute lacking criminal syndicate structure, organization, or financial motives.
• A basic infraction involving a traffic signal breach: This is a minor regulatory traffic violation, not a syndicate crime.
• An isolated incident of petit theft at a local store: This is a simple, standalone offense that lacks the scale, continuity, and syndicate involvement required for organized crime.
Therefore, a multi-person, syndicate-led scheme executing digital financial fraud clearly fulfills the legal definition and threshold of organized crime under the provisions of the Bharatiya Nyaya Sanhita (BNS).
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