Allahabad HC: BNS Retroactively Applicable In Organized Crimes

The Allahabad High Court has ruled that Section 111 of the Indian Justice Code concerning Organized Crime will have a retrospective effect. This means that crimes committed before the (Bhartiya Nagrik Suraksha Sanhitha)BNS’ implementation date of July 1, 2024, can still be prosecuted under this provision.

In a recent decision, the court dismissed petitions filed by Harendra Kumar Masih and Jitesh Jha, who were accused of attempting to occupy Nazul land in Kanpur. The division bench, comprising Justices BK Birla and Arun Singh Deshwal, stated that if it can be proven that an accused person is continuously involved in criminal activities, they will fall under the purview of Section 111.

Also Read: Allahabad HC Rules On Second FIR Registration

During the hearings on BNS, the petitioners’ lawyer argued that the law should not apply to their cases. He highlighted that the charge sheets against them were filed before the law came into effect. Furthermore, he claimed there was no evidence linking them to an organized criminal gang.

In contrast, Additional Advocate General Manish Goyal said that the FIR against the petitioners involved a cognizable offense. He further pointed out that Harendra Kumar Masih has 12 criminal cases registered against him. However, charge sheet is only filed in four.  The court has already taken cognizance of two of those charge sheets. Goyal emphasized that this establishes Masih’s continuous involvement in crime.

Moreover, the government has declared a reward of ₹50,000 for information leading to Masih’s arrest. The attempt  is to reinforce the seriousness of the charges.

Ultimately, the court upheld the applicability of Section 111, stating that the law’s provisions clearly indicate a retrospective effect. The petitions were dismissed, paving the way for ongoing legal proceedings against the accused.