The Gujarat Control of Terrorism and Organised Crime Act. 2015

(1) This Act may be called the Gujarat Control of Terrorism and Organised Crime Act, 2015. (2) It extends to whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(1) In this Act, unless the context otherwise requires,— (a) "abet" with its grammatical variations and cognate expressions, includes— (i) the communication or association with any person with the actual knowledge or having reason to believe that such person is engaged in assisting in any manner an organised crime syndicate; (ii) the passing on or publication of or distribution of, any document or matter obtained from the organised crime syndicate; and (iii) the rendering of any assistance, whether financial or otherwise, to facilitate the commission of an offence under this Act; (b) "Code" means the Code of Criminal Procedure, 1973; (c) "continuing unlawful activity" means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment for a term 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 offence; (d) "economic offences" include running of the ponzy schemes and the multi-level marketing schemes with a view to defraud the people at large for obtaining the monetary benefits or large scale organized betting in any form; (e) "organised crime" means continuing unlawful activity and terrorist act including extortion, land grabbing, contract killing, economic offences, cyber crimes having severe consequences, prostitution or ransom 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; (f) "organised crime syndicate" means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulging in activities of organised crime; (g) "Special Court" means the Special Court constituted under section 5; (h) "terrorist act" means an act of terror by a person by using weapons or explosives or other substances of a lethal nature or hazardous nature or by any other means of whatever nature to cause or likely to cause death of, or injuries to any person, or loss of, or damage to, or destruction of property or disruption of any supplies of life of the community or an act of causing panic or spread of distress or fear of the people by doing an act using bombs, dynamite or other explosive substances or inflammable materials or firearms or lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological or otherwise) in a hazardous nature in such a manner so as to cause or likely to cause death or injuries to any person or persons or loss of or damage to or destruction of property or disruption of any supplies of services essential to the life of the community or an act of terrorism.

(1) (i) Whoever commits an offence of terrorist act or organised crime shall, if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine which shall not be less than Rs. 10,00,000; (ii) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than Rs. 5,00,000. (3) Whoever intentionally attempts to harbour or conceal any person who has committed an offence of terrorist act or any member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than Rs. 5,00,000. (4) Any person who is a member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than Rs. 5,00,000 and shall also be liable to forfeiture of property derived from commission of any act of organised crime which shall not be less than Rs. 5,00,000 and the maximum of which may extend to Rs. 10,00,000.

If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than Rs. 1,00,000 and such property shall also be liable for attachment and forfeiture, as provided by section 18.

(1) The State Government may, with the concurrence of the Chief Justice of the High Court of Gujarat, by notification in the Official Gazette, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification. (2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government whose decision in the matter shall be final. (3) A Special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court of Gujarat. (4) The State Government may also appoint, with the concurrence of the Chief Justice of the High Court of Gujarat, additional judges to exercise jurisdiction of the Special Court. (5) A person shall not be qualified for appointment as a judge or an additional judge of a Special Court unless he immediately before such appointment, is a sessions judge or an additional sessions judge, respectively. (6) Where any additional judge is or additional judges are appointed in a Special Court, the judge of the Special Court may from time to time, by general or special order, in writing, provide for the distribution of business of the Special Court among himself and the additional judges and also for the disposal of urgent business in the event of his absence or the absence of any additional judge.

(1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with such other offence: Provided that the Special Court shall have the jurisdiction to try the offence under this Act for whose local jurisdiction it was committed or, as the case may be, by the Special Court notified under section 5. (2) If in the course of any trial of any offence under this Act, it is found that the accused person has committed any other offence under this Act or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorised by this Act or, as the case may be, under such other law.

Where, after taking cognizance of an offence, a Special Court is of the opinion that the offence is not triable by it, it may, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of the offence to any court having jurisdiction under the Code and the court to which the case is transferred shall proceed with the trial of the offence as if it has taken cognizance of the offence.

(1) The jurisdiction conferred by this Act on a Special Court, shall, until a Special Court is constituted under section 5, in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure as provided under this Act. (2) On and from the date when the Special Court is constituted under section 5, every trial and other proceedings pending before such Court of Session in which the offence is triable by the Special Court shall stand transferred to that court.

(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court. (2) Every appeal under sub-section (1) shall be preferred within thirty days from the date of the judgment, sentence or order by the accused. (3) In computing the period of limitation, the provisions of sections 4 and 12 of the Limitation Act, 1963 shall, so far as may be, apply.

Notwithstanding anything contained in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused in the Court during the trial of a case: Provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any Court unless each accused has been furnished, not less than ten days before the trial, hearing or proceeding, with a copy of the order of the relevant Authority, under which the interception was authorised or approved: Provided further that the period of ten days may be waived by the judge trying the offence, if he comes to the conclusion that it was not possible to furnish the accused with the aforesaid information ten days before the trial, in receiving such information, competent authority under any law relating to preventive detention subject to the order, if any, of any competent court: or (b) on any previous occasion prosecuted under the provisions of this Act.

(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Government, before a police officer not below the rank of the Commissioner of Police, as the case may be, and recorded by such police officer, either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from which sounds or images can be reproduced, shall be admissible in the trial of such accused, co-accused, abettor or conspirator for an offence under the provisions of this Act: Provided that the co-accused, abettor or conspirator is charge-sheeted and tried in the same case together with the accused. (2) The confession made under sub-section (1) shall be recorded in an atmosphere free from threat and inducement and shall be in the same language in which the person makes it. (3) The Police officer shall, before recording any confession by the person under sub-section (1), explain to such person that he is not bound to make a confession and that, if he does so, it may be used as evidence against him: Provided that such police officer shall not record any such confession unless, upon questioning the person making it, he is satisfied that the confession is being made voluntarily. (4) The concerned police officer shall, after recording such voluntary confession, certify in writing below the confession about his personal satisfaction of the voluntary character of such confession, putting his signature, date and time of the same. (5) Every confession recorded under sub-section (1) shall be sent in original forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such confession has been so received to the Special Court which may take cognizance of the offence. (6) The person from whom a confession has been recorded under sub-section (1) shall be produced, within forty-eight hours, before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom the confession is required to be sent under sub-section (5), alongwith the statement of confession, written or recorded on mechanical or electronic device, which shall ensure that the same is not tampered with in anyway. (7) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall, record the statement, if any, made by the accused so produced and get his signature or thumb impression and if there is any complaint of torture, the accused shall be directed to be produced for medical examination before Civil Surgeon.

(1) Notwithstanding anything contained in the Code, the proceedings under this Act may be held in camera if the Special Court so desires. (2) A Special Court, on an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that life of such witness is in danger, it may take such measures as it deems fit for keeping secret the identity and address of any witness. (3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that sub-section may include -(a) the holding of the proceedings at a place to be decided by the Special Court; (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgements or in any records of the case accessible to public; (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed; (d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner. (4) Any person who contravenes any decision or direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

(1) No person shall hold or be in possession of any proceeds of any terrorist act or organised crime. (2) If an officer, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of any terrorist act or organised crime, he may, with the prior approval of the Commissioner of Police or the designated officer of rank of IGP, order seizing such property, movable or immovable or both, and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order or, as the case may be, the Special Court and a copy of such order shall be served on the person concerned. (3) The investigating officer shall duly inform the Special Court, within forty-eight hours of the seizure or attachment of such property. (4) It shall be open to the Special Court either to confirm or revoke the order of seizure or attachment made under sub-section (2): Provided that the Special Court shall not pass an order unless an opportunity of being heard is given to the person claiming interest in such property. (5) (a) If, upon a report in writing made by an investigating officer, the Special Court has reason to believe that any person who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, the Special Court may, notwithstanding anything contained in section 82 of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation: Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person. (b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of property, movable or immovable or both belonging to such accused and thereupon the provisions of sections 83 to 85 of the Code shall apply to such attachment. (c) If the accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such property free from all encumbrances. (d) If within a period of six months from the date of forfeiture of property under clause (c), the accused whose property has been forfeited, appears voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of proclamation, the Special Court may pass an order for revoking the order of forfeiture of such property. (6) Where the accused has been convicted of any offence punishable under this Act the Special Court may, in addition to awarding any punishment by order in writing, declare that any property, movable or immovable or both belonging to the accused and specified in the order shall stand forfeited to the State Government free from all encumbrances. Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds traceble to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found. Provided that the Special Court shall not pass an order unless an opportunity... (5) (a) If, upon a report in writing made by an investigating officer, the Special Court has reason to believe that any person who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, the Special court may, notwithstanding hing contained in section 82 of the code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation: Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person. (b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of properly, movable or immovable or both belonging to such accused and thereupon the provisions ofsections 83 to 85 of the Code shall apply to such attachment. (c) Ifthe accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such properly free from all encumbrances. (d) If within a period of six months from the date of forfeiture of property under clause (o), the accused whose property has been forfeited, appe voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not reeeived such notice of proclamation, the Special Court may pass an order for revoking the order-of forfeiture of such propeffy. (6) Where the accused has been convicted of any offence punishable under this Act the Special Court may, in addition to awarding any punishment by order in writing, declare that any properly, movable or immovable or both belonging to the accused and specified in the order shall stand forfeited to the State Government free from all encumbrances. Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds haceable to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found.

Where, after issue of order of seizure or attachment made under section 18, any property referred to in such order is transferred by any mode whatsoever, such transfer shall, for the purpose of proceedings under this Act be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.

(1) In a prosecution for an offence of terrorist act or organised crime punishable under section 3, if it is proved (a) that unlawful arms and other material including relevant documents or papers were recovered from the possession of the accused and there is a reason to believe that such unlawful arms and other material including such documents or papers were used in the commission of such offence; or (b) that by the evidence of an expert, the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other materials like relevant documents or papers and vehicles used in connection with the commission of such offence, the Special Court shall presrlme, unless the contrary is proved, that the accused had committed sueh offence. (2) In a prosecution for an offence punishable under sub-section (2) of section 3, if it is proved that the accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably suspected of, an offence of terrorist act or organised crime, the Speeial Court shall presume, unless the contrary is proved, that such person has commiffed the offence under the said sub-section (2).

(1) Notwithstanding anything contained in the Code,- (a) no information about the commission of an offence of organised crime under this Act, shall be recorded by a police officer without the prior approval of the police officer not below the rank of officer in charge of range of the concerned Districts or the Commissioner of Police, as the case may be; (b) no investigation of an offence under the provisions of this Act shall be carried out by a police offrcer below the rank of the Deputy Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Government by a police officer below the rank of the Deputy Superintendent of Police. (2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the State Government.

Whoever, being a public servan! renders any help or support in any manner in the comrnission of tenorist act or organised crime as defined in clause (e) and clause (h) of section 2, whether before or after the commission of any offlence by a member of an organised crime syndicate or abstains from taking lawful measures under this Act or intentionally avoids to carry out the directions of any Court or of the superior police officers in this respec! shall be punished with imprisonment of either description for a term ich may extend to three years and with fine.

The provisions of this Act and the rules or any order made thereunder shall have effect notwithstanding ing inconsistent effect therewith contained in any other law for the time.

No suit, prosecution or other legal proceeding shall lie against the State Government or any offrcer or authoriry of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act and the nrles or any order made thereunder.

(1) Without prejudice to the powers of the High Court to make rules, the High Court may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

(1) Notwithstanding anything contained in the Code or in any other law, every offence punishable under this Act shall be deemed to be a 'cognizable offence' within the meaning of clause (c) of section 2 of the Code and 'cognizable case' as defined in that clause and shall be construed accordingly. (2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modifications that in sub-section (2), - (a) the reference to "fifteen days" and "sixty days", wherever they occur, shall be construed as references to "thirty days" and "ninety days", respectively ; (b) after the existing proviso, the following proviso shall be inserted, namely:-"Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period upto one hundred and eighty days on the report ofthe Public Prosecutor indicating the progress of the investigation and the specific reasons for detention of the accused beyond the said period of ninety days.". (3) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act. (4) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond. unless - (a) the Public Prosecutor has been given an opportunity to oppose the application of such release; and (b) where the Public Prosecutor opposes the application, the Special Court is satisfied that there are reasonable grounds for believing that accused is not guilty of commilting such offence and that he is not likeiy to commit any offence while on bail. (5) Notwithstanding anything contained in the Code, the accused shall not be granted bail if it is noticed by the Special Court that he was on bail in an offence under this Act, or under any other Act on the date of the offence in question. (6) The restriction on granting of bail specified in sub-sections (4) and (5) are in addition to the restriction under the Code or any other law for the time being in force on the granting of bail. (7) The police officer seeking the custody of any person for pre-indictment or pre-trial interrogation from the judicial custody shall file a written statement explaining the reasons for seeking such custody and also for the delay, if any, in seeking the police custody.