Vidhi Codex

MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999

The MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999

General199931 sections

The Maharashtra Control of Organised Crime Act, 1999, regulates criminal activities committed by organized crime syndicates or gangs. It applies to individuals and groups in Maharashtra who engage in continuous unlawful activities using violence, coercion, or intimidation to gain economic advantages, as well as those who assist, harbor, or hold illicit wealth for them. This legislation matters because it provides the state with powerful tools to combat extortion and severe crimes. It establishes dedicated Special Courts for swift trials, authorizes law enforcement to intercept communications for evidence, and imposes strict penalties, including life imprisonment and the death penalty.

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  1. 0. Preamble
  2. 1. Short title, extend and commencement-
  3. 2. Definitions-
  4. 3. Punishment for organised crime-
  5. 4. Punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate.
  6. 5. This law also proposes punishment to those who possess any type of property accumulated through illegal means.
  7. 6. Jurisdiction of Special Court
  8. 7. Power of Special Court with respect to other offences.
  9. 8. Public Prosecutor.
  10. 9. Procedure and powers of Special Court
  11. 10. However, this Court too, when facts are brought before it, can take cognizance of the any offeree.
  12. 11. Power to transfer cases to regular Courts.
  13. 12. Appeal.
  14. 13. Appointment of Competent Authority.
  15. 14. Authorization of interception of wire, electronic or oral communication.
  16. 15. Constitution of Review Committee for review of authorisation orders.
  17. 16. The intercepted communication, if any, in the form of tape, wire or other device shall, thereupon, not be admissible as evidence in any case and shall be directed to be destroyed.
  18. 17. Special Rules of evidence.
  19. 18. Certain confessions made to police officer to be ta en into consideration.
  20. 19. Therefore it is essential to have control over the machinery who are allowed by law to use these methods to obtain information.
  21. 20. Forfeiture and attachment of property.
  22. 21. Provision is also made in section 20 to attach the properly of absconding offender.
  23. 22. Presumption as to offences under section 3.
  24. 23. Cognizance of, and investigation into, an offence.
  25. 24. Punishment for public servants failing in the discharge of their duties.
  26. 25. Overriding effect.
  27. 26. Protection of action ta en in good faith.
  28. 27. Annual Report of Interceptions.
  29. 28. Power of High Court to ma e rules.
  30. 29. Power of State Government to ma e rules.
  31. 30. Sections 28 and 29 empower the high Court and the Government to make necessary rules under this Act.

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