Maharashtra Control of Organised Crime Act

The Maharashtra Control of Organised Crime Act, 1999 (MCOCA) is a special criminal law for prosecuting organised criminal activity carried out through syndicates. It combines specific offences and stringent punishments with special courts, investigative controls and exceptional rules on evidence, detention and bail.

What qualifies as organised crime

MCOCA requires more than an allegation that an accused belongs to a gang. Its definitions connect the criminal activity, the syndicate and the methods and objectives involved.

• An organised crime syndicate is a group of two or more persons who, acting singly or collectively as a syndicate or gang, indulge in organised crime.
• Continuing unlawful activity concerns prohibited activity undertaken as a syndicate member or on its behalf, involving a cognizable offence punishable with imprisonment of three years or more. More than one charge-sheet must have been filed before a competent court within the preceding ten years, and that court must have taken cognizance.
• Organised crime involves such continuing unlawful activity through violence, threats, intimidation, coercion or other unlawful means, with the objective of obtaining pecuniary benefits, undue economic or other advantage, or promoting insurgency.

Offences, punishment and special courts

The Act establishes Special Courts for trying offences under it and provides stringent penalties, including imprisonment, fines and property-related measures.

• It punishes committing organised crime, conspiracy or abetment, knowingly facilitating it, membership of a syndicate, and specified harbouring or concealment.
• Where organised crime results in death, punishment may extend to death or imprisonment for life, together with a fine.
• The framework provides for attachment and forfeiture of property, alongside criminal punishment.

Approval, investigation and prosecution

• Under Section 23, recording information about an organised-crime offence requires prior approval from a police officer not below the rank of Deputy Inspector General of Police.
• Investigation must be conducted by an officer not below the rank of Deputy Superintendent of Police.
• A Special Court cannot take cognizance without previous sanction from an officer not below the rank of Additional Director General of Police.

Exceptional procedural and evidentiary rules

• Under Section 18, a confession recorded by a police officer of at least Superintendent of Police rank can be admissible, subject to statutory safeguards concerning voluntariness and recording.
• Under Section 21, the investigation-related detention period can be extended from 90 to 180 days on a qualifying Public Prosecutor's report.
• The stringent bail conditions, where the Public Prosecutor opposes release, require reasonable grounds for believing that the accused is not guilty and is unlikely to commit an offence while on bail.