![]() ![]() Imprisonment for up to three years and a fine ofĮstablishment of special courts and prosecutors Public servants helping to carry out organised crime, or failing to take lawful measures under MCOCA, or disobeying orders of Special Courts under MCOCA 100,000 and forfeiture of the property in question Imprisonment for a term between three to ten years, a fine of Rs. Possessing movable or immovable property on behalf of an organised crime syndicate Imprisonment for a term between three years to life, and a minimum fine of Rs. Holding any property derived from the commission of organised crime, or from the funds of an organised crime syndicate Membership in an organised crime syndicate ![]() Harbouring or concealing a member of an organised crime syndicate 500,000Ĭonspiring to, abetting, aiding in, or knowingly facilitating organised crime Imprisonment for a term between five years to life, and a minimum fine of Rs. MCOCA SectionĬommitting organised crime resulting in the death of any personĭeath, or life imprisonment, and a minimum fine of Rs. MCOCA provides for a number of penalties in relation to organised crime, described in the table below. MCOCA defines 'organised crime' as "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 person or promoting insurgency," and further defines an 'organised crime syndicate' as consisting of two or more persons who singly or collectively engage in organised crime. MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains. The Home Ministry of the Government of India extended the applicability of MCOCA to the National Capital Territory of Delhi as well, by a notification dated 2 January 2002. MCOCA applies to the entire State of Maharashtra. Government has, therefore, decided to enact a special law with stringent and deterrent provisions including in certain circumstances power to intercept wire, electronic or oral communication to control the menace of organised crime." Applicability the penal and procedural laws and the adjudicatory system, are found to be rather inadequate to curb or control the menace of organised crime. The Statement of Objects and Reasons goes on to note, "the existing legal framework, i.e. The Statement of Object and Reasons that prefaces MCOCA identifies organised crime as a threat, linking it to terrorist activity and noting the economic impact of illegal wealth and black money on the state's economy. It replaced the temporary Maharashtra Control of Organised Crime Ordinance 1999. MCOCA was the first state legislation enacted to address organised crime in India. MCOCA was enacted as an ordinance on 24 February 1999, and was subsequently ratified by the legislature, becoming law when it received the assent of the President of India in accordance with the procedure under Article 245 of the Constitution of India, which applies when a legislative subject is within both, state and federal powers. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |