Section 111 BNS: Arrests Without Evidence Not Allowed:Punjab & Haryana High Court.
The Punjab and Haryana High Court ruled that under the new BNS law, which replaced the Indian Penal Code and includes organized crime as an offense under Section 111, the state cannot arrest individuals without legally admissible evidence. If the crime results in death, the maximum punishment can be the death penalty.
Definition of Organized Crime
Organized crime is described as any ongoing unlawful activity, including kidnapping, robbery, extortion, and drug trafficking, conducted by individuals or groups acting together, often involving violence or intimidation for financial gain.
Court’s Observations
Justice Anoop Chitkara stated that the state cannot arrest a suspect merely to gather evidence or use them as custodial bait. “Prima facie evidence must be legally admissible; otherwise, the case’s foundation collapses,” he emphasized.
In a specific case involving Suraj Singh, who sought anticipatory bail, the court examined allegations that he had illegally purchased a gun for organized crime. The police had based their case on a co-accused’s disclosure, which the court found problematic. It highlighted that confessions made to police are generally inadmissible unless presented before a magistrate.
Evidence and Privileges
The court noted that evidence gathered through confidential informants and co-accused confessions cannot be substantiated due to legal privileges. The initial information that led to the accusations was deemed inadmissible under Section 131 of the Bharatiya Sakshya Adhiniyam, which protects the identities of informants.
The ruling clarified that for an offense to qualify as organized crime under Section 111 of BNS, legally admissible prima facie evidence must be presented first. Without such evidence, the state cannot justify custodial interrogation or pre-trial incarceration.
Conclusion
Ultimately, the court allowed Suraj Singh’s plea, emphasizing the need for solid evidence before any arrest in organized crime cases.
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