Charges under Section 111 of Bharatiya Nyaya Sanhita, 2023, dismissed due to lack of foundational material; other charges to proceed.
In a significant ruling, the Rajasthan High Court, presided over by Justice Farjand Ali, has quashed the charges of organised crime against Vinay Baghla and others under Section 111 of the Bharatiya Nyaya Sanhita, 2023. The court found that the prosecution failed to provide foundational material to substantiate claims of organised crime as defined under the new legal provisions. This decision emphasizes the necessity for evidence of structured criminal enterprises before invoking such serious charges.
The case originated from an incident on November 2, 2024, when police intercepted Vinay Baghla carrying multiple banking documents allegedly used for cyber fraud. The prosecution argued that these actions were part of an organised crime syndicate. However, the High Court highlighted the absence of any material indicating a structured syndicate with continuity of criminal enterprise, a critical requirement for invoking Section 111.
Justice Ali remarked that the trial court had mechanically framed charges without independent scrutiny of whether the statutory ingredients of organised crime were met. The High Court underscored the distinction between ordinary crime and organised crime, cautioning against the routine application of severe penal provisions without substantial evidence.
While discharging the petitioners from charges under Section 111, the court directed that the remaining charges be tried by a competent Judicial Magistrate. This ruling serves as a reminder of the judiciary's role in safeguarding against the misuse of stringent legal provisions and ensuring due process.
Bottom line:-
Section 111 of the Bharatiya Nyaya Sanhita, 2023, dealing with organised crime, requires foundational material that demonstrates the existence of an organised crime syndicate, continuing unlawful activity, and other statutory ingredients. Mere allegations or isolated acts do not constitute organised crime under the provision.
Statutory provision(s): Section 111 of the Bharatiya Nyaya Sanhita, 2023; Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Vinay Baghla v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2903680
