MACOCA Lawyer in Delhi / India
The Maharashtra Control of Organized Crime Act (MACOCA), 1999 was enacted by the state of Maharashtra in India in 1999 to combat organized crime and terrorism. The Act provides the State Government with special powers to tackle these issues, including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and prescribing additional criminal penalties, including the death penalty. MCOCA was the first state legislation enacted to address organized crime in India.
MCOCA applies to the entire State of Maharashtra. The Home Ministry of the Government of India extended the applicability of MCOCA to the NCT of Delhi as well, by a notification dated 2 January 2002. MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains.
SECTION 2(E) DEFINES “ORGANISED CRIME“: It 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) “organised 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 organised crime ;
SECTION 3. DEFINES PUNISHMENT OF ORGANISED CRIME:
(1). whoever commits an offence of organised crime shall,—
(3) Whoever harbours or conceals or attempts to harbour or conceal, any 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 extent to imprisonment for life, and shall also be liable to a fine, subject to a minimum fine of rupees five lacs.
(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 a fine, subejct to a minimum fine of rupees five lacs.
(5) Whoever holds any property derived or obtained from commission of an organised crime or which has been acquired through the organised crime syndicate funds shall be punishable with 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, subject to a minimum fine of rupees two lacs.
BAIL IN MACOCA CASES:
In the Investigation under MCOCA, the period of detention can be extended from the standard maximum of 30 days to a maximum of 180 days, without trial.
Provisions of Section 438 Cr.P.C (Anticipatory bail) do not apply in MCOCA cases, and the conditions for ordinary bail are far more stringent, and can be granted to a person only when the Court "is satisfied that there are reasonable grounds for believing he is not guilty of such offence." The implication of these bail provisions is that a person accused of a crime under MCOCA may be indefinitely detained during investigation, unless charges are framed or the person is found innocent in the investigation.
MCOCA allows for preventive detention and custodial interrogation, with the only safeguard being a requirement that the police officer seeking such detention or custody has to file a written statement detailing the reasons.
Our law office deals with many cases registered MACOCA in Delhi and Mumbai and has very extensive practice of the special MACOCA courts. Mr. A K Singh is very well known MACOCA lawyer in Delhi & Mumbai. Presently he is representing Sukesh Chandrasekhar and his wife Leena Poulose in MACOCA case pending trial before Session Judge, New Delhi. Besides the same, Mr. Singh has represented many clients before many MACOCA Courts across Maharashtra and Delhi.
MCOCA applies to the entire State of Maharashtra. The Home Ministry of the Government of India extended the applicability of MCOCA to the NCT of Delhi as well, by a notification dated 2 January 2002. MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains.
SECTION 2(E) DEFINES “ORGANISED CRIME“: It 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) “organised 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 organised crime ;
SECTION 3. DEFINES PUNISHMENT OF ORGANISED CRIME:
(1). whoever commits an offence of organised crime shall,—
- if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lac; Punishment for organised crime.
- 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 a fine, subject to a minimum fine of rupees five lacs.
(3) Whoever harbours or conceals or attempts to harbour or conceal, any 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 extent to imprisonment for life, and shall also be liable to a fine, subject to a minimum fine of rupees five lacs.
(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 a fine, subejct to a minimum fine of rupees five lacs.
(5) Whoever holds any property derived or obtained from commission of an organised crime or which has been acquired through the organised crime syndicate funds shall be punishable with 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, subject to a minimum fine of rupees two lacs.
BAIL IN MACOCA CASES:
In the Investigation under MCOCA, the period of detention can be extended from the standard maximum of 30 days to a maximum of 180 days, without trial.
Provisions of Section 438 Cr.P.C (Anticipatory bail) do not apply in MCOCA cases, and the conditions for ordinary bail are far more stringent, and can be granted to a person only when the Court "is satisfied that there are reasonable grounds for believing he is not guilty of such offence." The implication of these bail provisions is that a person accused of a crime under MCOCA may be indefinitely detained during investigation, unless charges are framed or the person is found innocent in the investigation.
MCOCA allows for preventive detention and custodial interrogation, with the only safeguard being a requirement that the police officer seeking such detention or custody has to file a written statement detailing the reasons.
| MCOCA Section | Offence | Penalty | ||
|---|---|---|---|---|
| Section 3(1)(i) | Committing organised crime resulting in the death of any person Death, or life imprisonment, and a minimum fine of Rs. 150,000/- | Death, or life imprisonment, and a minimum fine of Rs. 150,000/- | ||
| Section 3(1)(ii) | Committing any other organised crime | Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000 | ||
| Section 3(2) | Conspiring to, abetting, aiding in, or knowingly facilitating organised crime | Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000 | ||
| Section 3(3) | Harbouring or concealing a member of an organised crime syndicate | Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000 | ||
| Section 3(4) | Membership in an organised crime syndicate | Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000 | ||
| Section 3(4) | Holding any property derived from the commission of organised crime, or from the funds of an organised crime syndicate | Imprisonment for a term between three years to life, and a minimum fine of Rs. 200,000 | ||
| Section 4 | Possessing movable or immovable property on behalf of an organised crime syndicate | Imprisonment for a term between three and ten years, a fine of Rs. 100,000 and forfeiture of the property in question | ||
| Section 24 | Public servants helping to carry out organised crime, or failing to take lawful measures under MCOCA, or disobeying orders of Special Courts under MCOCA | Imprisonment for up to three years and a fine of | ||
Our law office deals with many cases registered MACOCA in Delhi and Mumbai and has very extensive practice of the special MACOCA courts. Mr. A K Singh is very well known MACOCA lawyer in Delhi & Mumbai. Presently he is representing Sukesh Chandrasekhar and his wife Leena Poulose in MACOCA case pending trial before Session Judge, New Delhi. Besides the same, Mr. Singh has represented many clients before many MACOCA Courts across Maharashtra and Delhi.