The Maharashtra Control of Organised Crime Act, 1999 (Mah. 30/1999) is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism.Maharashtra Control of Organised Crime Act 1999, (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India Known as "MCOCA", 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. The law was introduced by a coalition government of the Bharatiya Janata Party and Shiv Sena. Gopinath Munde (dy.CM of Maharashtra at the time) had the lion's share in the efforts which were taken for this act's enactment; to curb the rising powers of the underworld in the state.
Legislative history and aim 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. MCOCA was the first state legislation enacted to address organised crime in India. It replaced the temporary Maharashtra Control of Organised Crime Ordinance 1999.Maharashtra Control of Organised Crime Act 1999, section 30, (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
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. The Statement of Objects and Reasons goes on to note, "the existing legal framework, i.e. the penal and procedural laws and the adjudicatory system, are found to be rather inadequate to curb or control the menace of organised crime. 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."Maharashtra Control of Organised Crime Act, 1999, Statement of Objects and Reasons
Applicability MCOCA applies to the entire State of Maharashtra.Maharashtra Control of Organised Crime Act 1999, section 1 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India 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.Ministry of Home Affairs Notification No: GSR 6(E) dated 2 January 2002, under section 2 of the Union Territories (Laws) Act, 1950 MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains.Maharashtra Control of Organised Crime Act 1999, section 25 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Major provisions
Definitions 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.Maharashtra Control of Organised Crime Act 1999, section 2(e) and (f), (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Penalties MCOCA provides for a number of penalties in relation to organised crime, described in the table below.Maharashtra Control of Organised Crime Act 1999, sections 3 and 4, (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India +MCOCA Section Offence Penalty Section 3(1)(i)Committing organised crime resulting in the death of any personDeath, or life imprisonment, and a minimum fine of Rs. 150,000Section 3(1)(ii)Committing any other organised crime Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000Section 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. 500,000Section 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. 500,000Section 3(4) Membership in an organised crime syndicate Imprisonment for a term between five years to life, and a minimum fine of Rs. 500,000Section 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. 200,000Section 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 24Public 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
Establishment of special courts and prosecutors Sections 5 to 8 of MCOCA provide for the establishment of special courts to try offences defined under the Act.Maharashtra Control of Organised Crime Act 1999, section 5 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India Such courts can be established by the Maharashtra State Government by notification in the Official Gazette of the state, and are staffed by judges nominated by the State, in concurrence with the Chief Justice of the Bombay High Court. To qualify as a judge for a MCOCA Special Court, the judge must previously have served as a judge in a criminal trial court, known as a Sessions Court. MCOCA Special Courts have the jurisdiction to try cases concerning offences defined under MCOCA, but can also conduct trials for offences under any other laws, provided that the offences are connected to a MCOCA trial or discovered in the course of a MCOCA trial.Maharashtra Control of Organised Crime Act 1999, sections 6 and 7 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
MCOCA further provides that each Special Court shall have a Special Public Prosecutor appointed to conduct trials, and that such prosecutors have the same powers as prosecutors appointed to conduct criminal trials under the Indian Code of Criminal Procedure, 1973. The minimum qualification for such prosecutors is at least ten years of practice as an advocate in India.Maharashtra Control of Organised Crime Act 1999, section 8 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Trials in MCOCA courts take precedence over any other trial that persons accused of offences under this Act may be facing, and Special Courts can transfer cases out of their jurisdiction to trial courts if they find that the case is unrelated to MCOCA.Maharashtra Control of Organised Crime Act 1999, section 10 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India Appeals from orders of MCOCA Special Courts are preferred directly to the state's High Court and must be filed within 30 days of the order being appealed.Maharashtra Control of Organised Crime Act 1999, section 12, (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Investigative and surveillance powers MCOCA provides special powers to the police to conduct surveillance, in the form of intercepting written, oral, and electronic evidence. All investigations must be directed by a police officer who holds the minimum rank of Deputy Superintendent of Police, and all information about the commission of offences have to be recorded by police officers holding a minimum rank of Deputy Inspector General of Police.Maharashtra Control of Organised Crime Act 1999, section 23 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Authorisation of surveillance MCOCA provides for the appointment of a 'Competent Authority' to supervise and authorise the police to conduct surveillance activities to investigate organised crime. The Competent Authority is to be appointed by the State Government, and must be an officer not below the rank of Secretary to the Government.Maharashtra Control of Organised Crime Act 1999, section 13 (Maharashtra Act 30 of 1999), National Investigation Agency, Government of India
Applications for the interception of wire, electronic, or oral communication have to be made by a police officer of the rank of Superintendent of Police, involved in the investigation, and have to contain information including the identities of the investigating officers, a statement of facts detailing the offence committed or about to be committed, the identity of the person sought to be surveilled, the location of the surveillance, as well as the proposed method and duration of the surveillance.Maharashtra Control of Organised Crime Act 1999, section 14,(Maharashtra Act 30 of 1999), National Investigation Agency, Government of India The application also has to contain a disclosure of any prior requests for surveillance involving the same persons or places that are sought to be surveilled.
MCOCA then permits the Competent Authority to grant all or part of such application, if the Competent Authority is satisfied, that the following conditions are met:
There is probable cause that the target of surveillance has committed or is about to commit an offence under MCOCA; There is probable cause that particular communications concerning that offence will be obtained through the proposed surveillance and interceptions; Other modes of inquiry and intelligence gathering have been tried and have failed, or appear to be reasonably unlikely to succeed, or appear to be too dangerous, or are likely to expose the identities of those connected with the surveillance operation; and There is probable cause to believe that the facilities in which the surveillance is proposed are being used, or are likely to be used, in connection with committing an offence under MCOCA, and are leased, listed to, or commonly used by the target of surveillance.
MCOCA requires the Competent Authority to record the reasons for his or her order in writing, and to specify the target, duration, and extent of surveillance in the authorising order. Orders cannot allow the interception of any communication for a period exceeding 60 days, and applications for an extension of a surveillance order have to undergo the same process of vetting as the original application. The Competent Authority can also require periodic reports on the surveillance operation from the investigators.
Oversight of surveillance