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The Maharashtra Control of Organised Crime Act, 1999
The Maharashtra Control Of Organised Crime Act, 1999
Sections
1. Short title, extend and commencement.
Section 12. Definitions.
Section 23. Punishment for organised crime.
Section 34. Punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate.
Section 45. Special Courts.
Section 56. Jurisdiction of Special Court.
Section 67. Power of Special Court with respect to other offences.
Section 78. Public Prosecutor.
Section 89. Procedure and powers of Special Court.
Section 910. Trial by Special Courts to have precedence.
Section 1011. Power to transfer cases to regular Courts.
Section 1112. Appeal.
Section 1213. Appointment of Competent Authority.
Section 1314. Authorization of interception of wire, electronic or oral communication.
Section 1415. Constitution of Review Committee for review of authorisation orders.
Section 1516. Interception and disclosure of wire, electronic or oral communications prohibited.
Section 1617. Special Rules of evidence.
Section 1718. Certain confessions made to police officer to be taken into consideration.
Section 1819. Protection of witness.
Section 1920. Forfeiture and attachment of property.
Section 2021. Modified application of certain provisions of the code.
Section 2122. Presumption as to offences under section 3.
Section 323. Cognizance of, and investigation into, an offence.
Section 2324. Punishment for public servants failing in the discharge of their duties.
Section 2425. Overriding effect.
Section 2526. Protection of action taken in good faith.
Section 2627. Annual Report of Interceptions.
Section 2728. Power of High Court to make rules.
Section 2829. Power of State Government to make rules.
Section 2930. Repeal and Saving.
Section 30
maharashtra-control-of-organised-crime-act-1999-maharashtra.json
•
30 Sections
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Delhi
{
"id": 20142,
"slug": "maharashtra-control-of-organised-crime-act-1999-maharashtra",
"title": "The Maharashtra Control of Organised Crime Act, 1999",
"short_title": "The Maharashtra Control Of Organised Crime Act, 1999",
"act_number": "Maharashtra Act No. 30 of 1999",
"act_year": 1999,
"act_type": "STATE",
"location": "Delhi",
"law_status": "unknown",
"enactment_date": "1999-04-24",
"description": "The Maharashtra Control Of Organised Crime Act, 1999",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extend and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"abet\", with its grammatical variations and congnate 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 lo 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 activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such, syndicate in respect of which more than one charge-sheets have been field before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;\n(dd) \"Lieutenant Governor\" means he Lieutenant Governor of the National Capital Territory of Delhi, appointed by the President under article 239 and destignated as such uner article 239AA of the constitution;\n(e) \"organised crime\" 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 person or promoting insurgency;\n(f) \"organised crime syndicate\" means a group of two or more persons who, acting either singly or collectively, as a syndicate of gang indulge in activities of organised crime;\n(g) \"Special Court\" means the Special Court constituted under section 5.\n(gg) \"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 lac;\n(ii) 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.",
"footnote": "",
"is_definition": false,
"sort_order": 2
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{
"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 Court 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 Court.",
"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. Authorization 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 circumstance, 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 facilities 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 authorization 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 be 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 authorizing and making the application, made to the Competent Authority for authorization 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 section 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 know, 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 authorizing 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 authorizing such interception can, with due deligence, be obtained, and\n(b) there are grounds upon which an order could be issued under this section to authorize such interception, may authorise, in writing, the investigating Police Officer to intercept such wire, electronic or oral communication, if an application for an order, approving the interception is made in accordance with the provisions. Of sub-sections (1) and (2) within forty hours after the interception has occurred, or begins to occur.\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) 'write communication\" means any aural transfer made in whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between (he point of origin and the point of connection, between the point of origin and (he point of reception (including the use of such 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 terms does not communication is not subject to interception under circumstances justifying such expectation but such terms 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 the 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 additional Chief Secretary or the senior most Principal Secretary as the case may be, in the Home Department Member.\n(iii) Principal Secretary or Secretary and Remembrancer of Legal Affairs, Law and Judiciary 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 endeavours to use any electronic, mechanical or other device to intercept any oral communication when-\n(i) such device is 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 sub-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 subsection; 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 Act;\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 one year and with fine upto rupees fifty thousand.",
"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 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 witness.",
"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 its orders or judgements 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 public interest to order that all or any of the proceeding 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 were 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 therefore 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 reference 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 :- \"Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period upto one hundred and eighty days, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days\"\n(a) the Public Prosecutor has been given an opportunity to oppose the application of 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 lie 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 reasons to believe that such unlawful arms and other material including documents or papers were 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, and investigation into, an offence.",
"chapter": null,
"content": "(a) no information about the commission of an offence of organised crime under this Act, shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police;\n(b) no investigation of an offence under the provisions of this Act shall be carried our by a police officer below the rank of the 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, alongwith 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. Power of State Government to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Repeal and Saving.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
}
],
"metadata": {
"Act ID": "dl005",
"Act Number": "Maharashtra Act No. 30 Of 1999",
"Enactment Date": "24th April, 1999",
"Act Year": "1999",
"Short Title": "The Maharashtra Control Of Organised Crime Act, 1999",
"Type": "UNION_TERRITORY",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:53:31"
}