Andhra Pradesh Control of Organised Crime Act, 2001

{
    "id": 14412,
    "slug": "andhra-pradesh-control-of-organised-crime-act-2001",
    "title": "Andhra Pradesh Control of Organised Crime Act, 2001",
    "short_title": "Andhra Pradesh Control of Organised Crime Act, 2001",
    "act_number": "(Act No. 42 of 2001)",
    "act_year": 2001,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Control of Organised Crime Act, 2001",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons 6\nStatement of Objects and Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"abet\" , with its grammatical variations and cognate expressions, includes,-\n(i) the communication or association with any person with the actual knowledge or having reason to believe that such person is engaged in assisting in any manner, an organised crime syndicate;\n(ii) the passing on or publication of, without any lawful authority, any information likely to assist the organised crime syndicate and the passing on or publication of or distribution of any document or matter obtained from the organised crime syndicate; and\n(iii) the rendering of any assistance, whether financial or otherwise, to the organised crime syndicate;\n(b) \"Code\" means the Code of Criminal Procedure, 1973;\n(c) \"Competent Authority\" means the Competent Authority appointed under Section 13;\n(d) \"continuing unlawful activity\" means an actively prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either single or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;\n(e) \"organised crime\" means any continuing unlawful activity by an individual, single 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 F promoting insurgency;\n(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;\n(g) \"Secretary\" means a Secretary to Government of the State and includes a Special Chief Secretary, a Principal Secretary or as the case i may be, a Special Secretary in a department of Secretariat\n(h) \"Special Court\" means the Special Court constituted under Section 5.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Punishment for organised crime.",
            "chapter": null,
            "content": "(i) 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 lakh;\n(ii) in any other case, be punishable with imprisonment for a term which may extend to five years and shall also be liable to a fine, subject to a minimum fine of rupees five lakhs.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Special Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Jurisdiction of Special Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Power of Special Courts with respect to other offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Public Prosecutor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Procedure and Powers of Special Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Trial by Special Courts to have precedence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power to transfer cases to regular Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Appointment of Competent Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Authorisation of interception of wire, electronic or oral communication.",
            "chapter": null,
            "content": "(a) the identity of the investigative or law enforcement officer making the application, and the head of the department authorising the application;\n(b) a statement of the facts and circumstances relied upon by\" the applicant, to justify his belief that an order should be issued, including,-\n(i) details as to the offence of organised crime that has been, is being, or is about to be committed;\n(ii) a particular description of the nature and location of the facilitates from which or the place where the communication is to be intercepted;\n(iii) a particular description of the type of communications sought to be intercepted; and\n(iv) the identity of the person, if known committing the offence of organised crime whose communications are to be intercepted;\n(c) a statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;\n(d) a statement of the period of time for which the interception is required to be maintained. If the nature of the enquiry is such that the authorisation for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.\n(e) a statement of the facts concerning all previous applications known to the individual authorising and making the application, made to the Competent Authority for authorisation to intercept, or for approval of interceptions of, wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application and the action taken by the Competent Authority on each such application; and\n(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.\n(a) there is a probable cause for belief that an individual is committing, has committed, or is about to commit a particular offence described and made punishable under Sections 3 and 4 of this Act;\n(b) there is a probable cause for belief that particular communications concerning that offence will be obtained through such interception;\n(c) normal modes of enquiry and intelligence gathering have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;\n(d) there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted or be used or are about to be used, in connection with the commission of such offence, leased to, or are listed in the name of or commonly used by such person.\n(a) the identity of the person, if known, whose communications are to be intercepted;\n(b) the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;\n(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;\n(d) the identity of the agency authorised to intercept the communications, and of the person authorising the application; and\n(e) the period of time during which such interception is authorised, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.\n(a) an emergency situation exists that involves,-\n(i) immediate danger of death or serious physical injury to any person;\n(ii) conspiratorial activities threatening the security or interest of the State: or\n(iii) Conspiratorial activities, characteristic of organized crime, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorising such interception can, with due diligence, be obtained, and\n(b) there are grounds upon which an order could be issued under this Section to authorise such interception;\n(b) Applications made and orders issued under this section shall be sealed by the competent authority. Custody of the applications and orders shall be wherever the competent authority directs and shall not be destroyed except on an order of the competent authority, and in any event shall be kept for ten years.\n(a) \"Wire communication\" means any aural transfer made in the whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such i connection in switching station) and such term includes any electronic storage of such communication;\n(b) \"oral communication\" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication;\n(c) \"electronic communication\" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,-\n(i) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and base unit;\n(ii) any wire or oral communication;\n(iii) any communication made through a tone only paging device: or\n(iv) any communication from a tracking device;\n(d) \"intercept\" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Constitution of Review Committee for review of authorisation orders.",
            "chapter": null,
            "content": "(i) the Chief Secretary to Government..............Chairman.\n(ii) the Secretary, Home Department ...............Member.\n(iii) Secretary, Legal Affairs, Law Department.................Member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Interception; and disclosure of wire, electronic or oral communications prohibited.",
            "chapter": null,
            "content": "(a) intentionally intercepts, endeavours to intercept, or procures any other person to intercept or endeavour to intercept any wire, electronic or oral communication;\n(b) intentionally uses, endeavours to use or procures any other person to use or endeavour, to use any electronic, mechanical or other device to intercept any oral communication when,-\n(i) such device if affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication: or\n(ii) such device transmits communications by radio or interferes with the transmission of such communication;\n(c) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section;\n(d) intentionally uses, or endeavours to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section; or\n(e) (i) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire, electronic or oral communication, intercepted by means authorised by Section 14;\n(ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation under this Ordinance;\n(iii) having obtained or received the information in connection with a criminal investigation; and\n(iv) with intent to improperly obstruct, impede, or Interfere with a duly authorised criminal investigation; or\n(f) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of disapproval by the Review Committee under sub-section (4) of Section 15, shall for such violation be punishable with imprisonment for a term which may extend to two years and shall also be liable to a fine, subject to a minimum of rupees one lakh, to be borne by the Police Officer concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Special rules of evidence.",
            "chapter": null,
            "content": "(a) on any previous occasion bound under Section 107 or Section 110 of the Code;\n(b) detained and convicted under any law relating to preventive detention; or\n(c) on any previous occasion was prosecuted in the Special Court under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Certain confessions made to police officer to be taken into consideration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Protection of witnesses.",
            "chapter": null,
            "content": "(a) the holding of the proceedings at a place to be decided by the Special Court;\n(b) the avoiding of the mention of the names and addresses of the witnesses in orders or judgments or in any records of the case accessible to public;\n(c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed;\n(d) that, it is in the pubic interest to order that all or any of the proceedings pending before such a Court shall not be published in any manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Forfeiture and attachment of property.",
            "chapter": null,
            "content": "(b) The Special Court issuing a proclamation under clause (a) may, at any time, order the attachment of any property, movable or immovable or both, belonging to the proclaimed person, and thereupon the provisions of Sections 83 to 85 of the Code shall apply to such attachment as if such attachment was made under that Code.\n(c) If within six months from the date of attachment, any person, whose property is or has been, at the disposal of the State Government under sub-section. (2) of Section 85 of the Code, appears voluntarily or is apprehended and brought before the Special Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of the proclamation as to enable him to attend within the specified time therein, such property or, if the same has been sold, the net proceeds of the same and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Modified application of certain provisions of the Code.",
            "chapter": null,
            "content": "(a) the references to \"fifteen days\" and \"sixty days\", wherever they occur, shall be construed as references to \"thirty days\" and \"ninety days\", respectively;\n(b) after the proviso, the following proviso shall be inserted namely;-\n(a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and\n(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "3",
            "title": "22. Presumption as to offences under Section 3.",
            "chapter": null,
            "content": "(a) that unlawful arms and other material including documents or papers were recovered from the possession of the accused and there is reason to believe that such unlawful arms and other material including documents or papers were used in the commission of such offence; or\n(b) that by the evidence of an expert, the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other material including documents or papers and vehicle used in connection with the commission of such offence, the Special Court shall presume, unless the contrary is proved, that the accused had committed such offence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Cognizance of an investigation into an offence.",
            "chapter": null,
            "content": "(a) No information about the commission of an offence of organized crime under this Act, shall be recorded by a police officer without the prior approval of a police officer not below the rank of Deputy Inspector General of Police;\n(b) no investigation of an offence under the provisions of this Act shall be carried out by a police officer not below the rank of Deputy Superintendent of Police.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Punishment for public servants failing in the discharge of their duties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Overriding effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Annual Report of Interceptions.",
            "chapter": null,
            "content": "(i) the number of applications for authorisation of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched:\n(ii) the number of such applications permitted or rejected;\n(iii) the number of interceptions carried out in emergency situations and the number of ex-post facto authorisations or approvals granted or rejected in such matters;\n(iv) the number of prosecutions launched based on such interceptions and convictions resulting from such interceptions, along with an explanatory memorandum giving general assessment of the utility and importance of the interceptions authorised.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Power of High Court to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Powers of State Government to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 28th August, 2019 [ap359]",
        "Act Number": "(Act No. 42 of 2001)",
        "Enactment Date": "",
        "Act Year": "2001",
        "Short Title": "Andhra Pradesh Control of Organised Crime Act, 2001",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}