Need for MCOCA
The commission of crimes like contract killings, extortion, smuggling in
contrabands, illegal trade in narcotics, kidnappings for ransom, collection of
protection money and money laundering, etc. by organized crime syndicates was on
the rise. To prevent such organized crime, an immediate need was felt to
promulgate a stringent legislation. The Government realized that organized crime
syndicates have connections with terrorist gangs and were fostering narcotic
terrorism beyond the national boundaries. MCOCA was promulgated with the object
of arresting organised crime which was posing a serious threat to the society .
Act Title and its applicability
MCOCA that is Maharashtra control of organised crime Act, 1999 is an Act
introduced to tackle organised crime activities in Maharashtra , from the title
of the act it appears that the applicability of the Act is limited only to state
of Maharashtra but it is not true, the applicability of the act is However
extended to state of NCT of Delhi by Home ministry of Government of India, by a
notification dated 2 January 2002. Therefore, AT present the Act is applicable
to state of Maharashtra and Delhi.
The provision of the Act shall have affect, Notwithstanding anything contained
in any other law for the time being in force.
Definition, what is organized crime and organized crime syndicate
To understand the applicability of the Act First One need to understand the
definition given under section 2, clause (d), (e), (f) which is given under:
(d) continuing unlawful activity means an activity prohibited by law for the
time being in force, which is a cognizable offence punishable with imprisonment
of three years or more, undertaken either singly or jointly, as a member of an
organised crime syndicate or on behalf of such syndicate in respect of which
more than one charge-sheets have been filed before a competent Court within the
preceding period of ten years and that Court has taken cognizance of such
(e) organised crime means any continuing unlawful activity by an individual,
singly or jointly, either as a member of an organised crime syndicate or on
behalf of such syndicate, by use of violence or threat of violence or
intimidation or coercion, or other unlawful means, with the objective of gaining
pecuniary benefits, or gaining undue economic or other advantage for himself or
any other person or promoting insurgency;
(f) organized crime syndicate means a group of two or more persons who, acting
either singly or collectively, as a syndicate or gang indulge in activities of
After summing up all these three definition
An organised crime activities means activities undertaken by member of a gang
or syndicate jointly or severally ,for pecuniary or other advantages, which is a
cognizable offence punishable with imprisonment of three years or more , either
as member or on behalf of such syndicate or gang in respect of which more than
one charge- sheets have been filed in preceding ten years before competent court
and such court has taken cognizance on it
Authorization of interception of communication
Interception means stoppage and catching of something by someone other person
other than intended recipient and Interception of communication¯ means listening
or recording of communication of communicators without their approval.
S.14 of the Act provide that any police officer not below the rank of
superintendent of police may submit an application before competent authority
(that is any officer, not below the rank of secretary to the government , In
home department of state, as appointed by state government) for approval of
interception of communication and the application should mention the particular
mentioned in section 14 of the Act.
Special features of MCOCA:
- Every offence under the ACT is a cognizable offence.
- Section 167 CR.P.C is applicable subject to the modification that in sub
section (2) of section 167 of CR.P.C the reference to fifteen days and sixteen
days wherever they appearing in that sub section shall be construed as thirty
and nineteen days respectively.
- Nothwithstanding , anything contained in section 167 CR.P.C , the period of
filing charge-sheet can be extended Upto 180 days by special court on special
reason being shown for detention of Accused beyond ninety days and on report by
public prosecutor showing progress of investigation.
- No anticipatory bail is Allowed, for a person accused of an offence
punishable under the ACT.
- NO bail is allowed if noticed by the court that on the Date of offence
under this ACT , Accused was on bail for an offence punishable under this
ACT , or under any other law.
- Police officer before obtaining custody of any person for interrogation
need to file a written statement giving his reason for so applying for such
- Nothwithstanding, anything in CR.P.C. , the court shall not grant bail unless
the public prosecutor has given an opportunity to oppose the bail application
and where it is opposed by the public prosecutor unless the court is satisfied
that he is not guilty of offence and he will not commit any offence while being
released on bail.
- Notwithstanding, anything contained in evidence Act or any other law,
any confession given to a police officer not below the rank of
superintendents of police is admissible as evidence in a proceeding under
Section 21 of MCOCA has seriously prejudiced Accused under the ACT by
extending period of filing charge sheet from 90 to 180 days on recording of
special reason thereby defeating his right of default bail given in section 173
Secondly, Provision of Anticipatory bail given by section 438 CR.P.C is
seriously prejudiced by abolishing grant of anticipatory bail for an offence
under the Act.
Third, by deeming every offence as cognizable offence ample power of arrest Is
given to police.
There are few others strict provision of MCOCA that has made grant of bail to
the Accused very difficult, and further other penal provision given under the
Act provides minimum amount of punishment and also the fines under The Act is
Special provision to avoid misuse of power under the Act.
- for recording information of an offence under the Act prior approval of
a police officer not below the rank of director general of police required.
- Offence Under the Act can be Investigate by an officer who is not below
the rank of DSP.
- No special court can take cognizance of offence without the prior
approval of police officer not below the rank of Additional Director general
- whosoever, being a public servant support in commission of offence under
the Act or failed to do anything what he is required by law to do shall be
punishable for imprisonment which may extend to three years or fine.
Jurisdiction of courts under MCOCA
Every offence punishable under this Act shall be triable only by special courts
constituted under the Act. When trying an offence under this Act special court
may also try any other offence , with which the accused may, under the code be
charged at same trial, if the offence is connected with such other offence and
may also Punish such person for the punishment mentioned in such other law.
The special court may transfer the case to other court if after taking
cognizance under this act it appears to it that the no offence under this act is
Every Appeal against any judgement, order, sentence given under this Act shall
Lie before High court of the concerned state and any such appeal shall be
preferred with thirty days from the date of such judgement, order and sentence.
Important judgements Under MCOCA
Written By: Deepak Sharma
- In, State Of NCT Of Delhi V. Brijesh Singh , it was held by the supreme
court that charge-sheets filed in other state than Delhi can be taken into
account to determine continuing unlawful activity¯ for the purpose of
prosecution Under MCOCA at Delhi¯. The court held that expression Competent
Court In section 2(1)(D) includes court situated outside Delhi.
- In, the above case the court also held that commission of offence in
Delhi is sine qua non for initiation of Proceeding Under MCOCA At Delhi.
- In, state of Maharashtra V. Vishwanath , SC held that satisfaction of
court¯ contemplated in section 21(4)(b) means satisfaction based on
reasonable grounds¯ the expression reasonable ground¯ means something
more than prima facie grounds.
- In, state of Maharashtra V. Lalit Somdatta N held that sanction
requiring under S. 23(1)(a) should not be given mechanically and without
application of mind
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