🚨 Section 113A of BNS, 2023: Tackling Organized Crime and Contract Killings in India

Published by: Legal India 999
Category: Criminal Law | Tags: Organized Crime, Contract Killings, BNS 2023
Word Count: Approx. 3000 words

🔍 Introduction

India has long battled the menace of organized crime syndicates, from the Mumbai underworld to modern-day contract killing networks operating across state and international borders. These criminal enterprises do not function in isolation—they infiltrate politics, law enforcement, and legitimate businesses, posing a serious threat to public order and national security.

The Bharatiya Nyaya Sanhita (BNS), 2023 introduces a landmark provision under Section 113A, exclusively targeting organized crime and contract killings. This reflects India's evolving approach to criminal law—where outdated provisions under the Indian Penal Code (IPC) are replaced by comprehensive, specific, and modern statutes.

This blog provides a detailed analysis of Section 113A, its scope, relevance, legal evolution, and practical implications.

📘 Legal Text of Section 113A – What Does It Say?

Section 113A – Organized Crime and Contract Killings
"Whoever commits, conspires to commit, or attempts to commit any organized crime or causes death by contract killing shall be punished with death or imprisonment for life and shall also be liable to fine not less than ten lakh rupees. Any person abetting, aiding, or knowingly facilitating such offence shall be punished with imprisonment of not less than five years, which may extend to life imprisonment, and fine not less than five lakh rupees."

📌 Key Definitions

To understand Section 113A, we must decode two main terms:

✅ Organized Crime

Defined under BNS and generally includes:

Continuous unlawful activity
Involvement of a structured group (2 or more people)
Economic gain, political influence, or power as the motive
Use of violence, threat, or coercion

✅ Contract Killing

A form of premeditated murder executed by a third party (the "hitman") hired by the person with the intent to kill
Monetary or material consideration involved

⚖️ Evolution from IPC to BNS: Why Was Section 113A Needed?

IPC Provision	BNS Provision (113A)	Difference
Section 302: Murder	Covers individual acts	113A: Targets structured, repeated criminal behavior
No definition of organized crime	Organized crime clearly defined	Law now reflects contemporary threats
No mention of contract killing	Now treated as distinct offence	Recognizes complexity, financial motive

While the IPC treated murders individually, it did not distinguish between personal enmity and professional (paid) killings, nor did it account for criminal networks.

📉 Organized Crime in India – The Ground Reality

Some infamous crime syndicates in Indian history:

Syndicate	Region	Activities
D-Company	Mumbai	Drugs, extortion, contract killing, arms
Sand Mafia	UP, MP, Bihar	Illegal sand mining, intimidation, murder
Political-Criminal Nexus	Pan-India	Booth capturing, targeted violence
Drug Cartels	Punjab, NE India	Narcotics, cross-border killings

The legal system often failed to connect separate crimes committed by the same group over time, leading to acquittals or reduced charges.

⚖️ Scope of Section 113A – Who Is Covered?

Kingpins and gang leaders
Intermediaries who organize contract killings
Hitmen executing the murder
Anyone providing logistics, finances, weapons, hideouts
People enabling or protecting the network (including through corruption)

Example:
If a businessman hires a gangster to eliminate a rival and transfers funds through a hawala agent, all three may face charges under Section 113A.

💣 Real-Life Scenarios That Section 113A Can Address

1. Political Assassinations

Example: A political candidate hires a gangster to eliminate a rival during elections.

2. Land Mafia Killings

Example: A developer uses contract killers to remove resistance from slum dwellers or activists.

3. Corporate Rivalries

Example: A business magnate pays a gang to assassinate a whistleblower or competitor.

4. Cross-border Organized Crime

Example: Terror-linked cartels hiring Indian operatives to carry out killings for destabilization.

🚔 Law Enforcement Tools Now Enabled

Section 113A, when read with procedural powers under BNSS, allows:

Attachment of properties bought using crime proceeds
Surveillance and wiretapping of suspected crime groups
Widening the net: Arrests can include financiers, facilitators, and protectors
Use of digital evidence: WhatsApp chats, emails, transaction records
Fast-tracking of such trials in special courts

📑 Punishment Under Section 113A

Offence	Punishment
Committing or organizing contract killing	Death or life imprisonment + ₹10 lakh fine
Abetment or facilitation	Minimum 5 years up to life imprisonment + ₹5 lakh fine

Note: The law is designed to financially cripple criminal syndicates, in addition to imprisonment.

🧠 Legal Ingredients of Section 113A: What Must Be Proved?

Existence of organized crime group or nexus
Planning and execution of a killing
Consideration (money, property, favors) exchanged
Conspiracy or abetment evidence
Causality linking accused to the victim’s death

🧑‍⚖️ Judicial Analysis and Commentary

➤ Judicial Trends Pre-BNS

In the absence of a dedicated law:

Courts tried such cases under IPC Sections 302 (murder), 120B (criminal conspiracy), 34 (common intention)
Evidence was often circumstantial
Courts criticized police for poor linking of crimes to syndicates

➤ Anticipated Changes Under BNS

More specialized prosecutions
Higher convictions through direct and digital evidence
Increased accountability for gang financiers and corrupt enablers

🌍 Global Comparison

Country	Law	Key Feature
USA	RICO Act	Allows prosecution of criminal enterprises, even if boss didn't commit the act directly
Italy	Anti-Mafia Code	Targets entire mafia family and property
UK	Serious Crime Act, 2015	Disruption orders, asset seizure
Mexico	Anti-Cartel Laws	Target drug lords and violent cartels

India’s Section 113A now follows a globally aligned model that targets not just the killer, but the system behind the killing.

📉 Case Study (Hypothetical)

Case:
In Delhi, a local politician hires a hitman from a Haryana gang to eliminate a journalist exposing corruption. Money is routed via crypto, the murder is executed, and the gang escapes.

Under IPC: Only the hitman may be charged with murder.

Under Section 113A BNS:

Politician (contractor), gang leader, hitman, crypto facilitator—all can be prosecuted
Properties can be seized
Case qualifies for organized crime and contract killing

💬 Criticism and Concerns

Some concerns about Section 113A include:

Criticism	Counterpoint
May be used to frame political opponents	Strong evidentiary safeguards built into BNSS
Could lead to over-policing	Judicial oversight remains intact
Risk of custodial abuse	BNSS ensures better tracking and accountability

👩‍💼 For Advocates: Defense vs. Prosecution Strategy

For Prosecution:

Establish financial trail
Present digital communications (email, chat)
Prove coordination and consideration
Use phone tower data, CCTV, financial forensics

For Defense:

Challenge motive or direct connection
Argue lack of knowledge or involuntary involvement
Demand proof of group structure and intent

🛡️ Constitutional Validity

Section 113A complies with:

Article 14 (Equality): Applies to all, no bias
Article 21 (Due Process): Requires full trial, right to defense
Article 19(1)(g) (Right to profession): No impact on legal businesses, only unlawful operations

🧭 Summary of Section 113A

Feature	Description
Law	Section 113A, BNS 2023
Covers	Organized crime, contract killing
Punishment	Life or death + heavy fine
Targets	Killers, financiers, enablers
Legal Impact	Strong deterrent, aligns with global crime control norms

📝 Conclusion

Section 113A of the Bharatiya Nyaya Sanhita, 2023, marks a turning point in India's fight against organized crime and professional killing networks. By explicitly recognizing and punishing contract killings and criminal syndicates, it shifts the focus from individual acts to systemic criminality.

This is not just a law—it is a message: Crime cannot be corporatized, and justice cannot be bought.

India, with this provision, joins the ranks of nations where organized crime is met with organized law enforcement.

📢 Coming Up Next

Stay tuned for our next BNS blog post on:
Section 115 – Terrorist Offenses and National Security Provisions under BNS, 2023

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