MCOCA - The Maharashtra Control of Organised Crime Act

What is MCOCA ?

 You may have heard about the high profile case of IPL spot fixing against suspended cricketer S. Sreesanth and others in which case was registered under different sections of Indian Penal Code  and after investigation, police has added MCOCA in the investigation. Do you know what is MCOCA? 

                  MCOCA - The Maharashtra Control of Organised Crime Act came into force in the year 1999 which has been extended to National capital Territory of Delhi and comes into force as Governor may by notification in Delhi gazette, appoint. 

• When any person commits an offence of organised crime which results in death of any person, accused are liable for punishment from life imprisonment to death and minimum fine of one lac.
• In other cases accused are liable for punishment with imprisonment from five years to life imprisonment  and minimum fine upto five lac.
• If any person  intentionally or knowingly conspires or attempts or advocates or abets or harbours or  conceals or attempts to harbour or conceal or a member of organised crime facilitates the commission of organised crime or any preparatory act shall be punished with imprisonment of five years to life imprisonment and a fine upto five lacs.
• If any person holds property derived or obtained from commissions of organised crime shall be punished with imprisonment from three years to life imprisonment and minimum fine of two lacs.
• If any  person on behalf of a member of an organised crime syndicate possesses any movable or immovable property which is not satisfactorily accounted for, such person will be punished with imprisonment from three years to ten years and fine up to one lac and such property can be  attached or forfeited.

Can the wire or electronic of oral communication be intercepted under this act?

Yes, A police officer not below the rank of Deputy commissioner of Police , who is supervisor of investigation of an organised crime may submit a written application to the competent authority for an order authorising or approving such interception by the investigating officer when such interception may provide evidence.

Can confessions made before a police officer be considered ?  

Confessions made before a police officer not below the rank of

Deputy commissioner of Police and recorded by such officer in writing or any mechanical device shall be admissible in the trial. Condition is that confession shall be recorded in a free atmosphere in language in which person is examined and accused shall be explained that he is not bound to make such confessions. every confession shall be sent to Chief Metropolitan Magistrate  or Chief Judicial Magistrate.

Other Points to Note:

• There is no provision of anticipatory bail under this act.
• Police custody or remand is allowable not more than 30 days ( in all other criminal cases this custody in not more than 15 days).
•  Custody during arrest is allowable up to 90 days in all the offences under this act irrespective of the punishment period.
• All cases are cognizable and accused can not be released or bond unless the public prosecutor has been given an opportunity to release.
• Special court can take measures to keep identity and address of any witness secret.
• Investigating officers should not be below the rank of Assistant Commissioner of Police.