The Gujarat Control of Terrorism and Organised Crime Act. 2015.

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EXTRAORDINARY
PUBLISHED BY AUTHORITY
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Vol" LX I TUESDAY NOVEMBER 5, 2019/ KARTIKA 14, t94l
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART TV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the
President on the 15ft October,2019 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 24 OF 2019.
(First published, after haviug received the assent of the President, in the
"Gujarat Government Gazette", on the 5s November,2019).
AN ACT
to make special provisions for prevention and control of rist acts and for
coping with criminal activities by organised crime and for the
matters connected therewith or incidental
It is hereby enacted in the Sixty-sixth year of the R blic of India as
follows:
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gujarat Control of T
Crime Act. 2015"
and Organised
(2) Itextends to whole of the State of Gujarat.
(3) It shall come into force on such date as the State
notification in the Official Gazette, appoint.
Short title, extent
and
commencement"
IV Ex"-25 25-r
may, by
25-2
Delhnitions- 2. (1) In this t, unless the context otherwise requires,-
(a) "abet" with its grammatieal variations and cognate expressions,
includes-
(i) the communication or association with person with the
actual knowledge or having reason to believe that such
person is engaged in assisting in any m er an organised
crime syndicate;
and the passing on or publication of or distribution of,
, doc ent or matter obtained from the orsanised crime
IPART rV
syndicate; and
(iii) the rendering of any assistance, whether financial or
an o nce under this Act;
(b) "Code" means the Code of Criminal Procedure,IgT3; 2 of 1974.
(c) "continuing unlawful activity" means an activity prohibited by law
for the time being in force, which is a cogntzable offence
punishable with imprisonment for a term 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 filed before a competent
court within the preceding periodof ten years and that court has
(d) "economic offences" include mnning of the ponzy schemes and
the multi-level m eting schernes with a view to defraud the
people at large for obtaining the monetary benefits or large seale
organized betting in form;
(e) "organised crime" means continuing unlawful activity and
terrorist act including extortion, land grabbing, contract killing,
economic offences, cyber crimes having severe consequences,
prostitution or ransom by an individual, singly or jointly, either as
syndicate, by use of violence or at of violence or intimidation
or coercion or other means;
(0 "orgarrised crime syndicate" me a group of two or more persons
who, acting either singly or collectively, as a syndicate or gang
indulging in activities of organised crime;
(g) "Special Co " means the Special Court constituted under section
5;
of the people by doing an act using bombs, dynamite or other
PART rvl G T GOVERNMENT GAZETTE, EX., O5-II-201|
or other chemicals or
in n e in such a manner so as to .""r. ";:ll:ifi:.,,ff#oJff
or services essential to the life of the corimunrty or an act of
CHAPTER II, PUNISHMENT
3. (1)
shall,-
z)^5
Punishment for
terrorist act
and organised
crime.
. rn rupees ten lakhs ;(ii) in any other case, be punishable wi
Jv
lso
ss than rupees five lakhs.
(3) Whoever intetiona
conceal any person who attempts to harbour or
member of an organ anl tenorjsl 1c] or anr
imprisonm for a term be punishable witir
but which
which shal
(4) Any person who is syndicate shall be
be less than five
d shall also be liable to
ed from commission of
1.*" whieh shall not be
d ch may extend to
ch shall not be less
25-4
Punishment
for prossessing
unaccountable
,property on
behalfof
member of
organised crime
s;yndicate.
GUJARAT GOVERNMENT GAZETTE, EX., O5-I I-2019 IPART TV
4. If any person on behalf of a member of an organised crime syndicate
is, or at any time has been in possession of movable or immovable property
which he cannot satisfactorily acco for, shall be punishable with
imprisonment for a te ich shall not be less than three years but which
may extend to imprisonment for ten years and shall also be liable to fine which
shall not be less than rupees one lakh and such property shall also be liable for
attachment and forfeiture, aS provided by section 18.
CHAPTER III
SPECIAL COURTS
speciat 5. (1) The State Govgrnment may, with thd conclurence of the Chief
courts' Justice of the High Court of Gujarat, by notification in the Offic;ial Gazette,
constifute one or more Special Courts for such area or areas, or for such case
or class or group of cases, as may be specified in the notification.
(2) Where any question arises as to the jurisdiction of any Special Court, it
shall be referred to the State Government whose decision in the matter shall be
' final.
(3) A Special Court shall be presided over by a judge to be appointed by the
State Government with the concurrence of the Chief Justice of the High Court
of Gujarat.
(4) The State Government may alqo appoint, with the concturence of the
Chief Justice of the High Court of Gujarat, additional judges to exercise
jurisdiction of the Special Court'
(5) A person shall not be qualified for appointment as _a 
judge or an
additional judge of a Special Court unless he immediately before such
appointrnent, iJ a sessions judge or ariadditional sessions judge, respectively.
(6) Where any addition judgp is or additional judges are appointed in
Special Court, the judge of the Special Court m from time to time, by
judges and also for the disposal of wgent business in the event of his absence
or the absence ofany additionaljudge"
w,hose local jurisdiction it was co itted or, as the case may be, by the
section 5.
may alsq try other offence with which the accused may under the Cocie, be
(2) Il in the course of any trial of any offence under thig Act, it is foundthat
the accused person has committed any other offence under this Act or under
any other taw, the Speciat Court may convict such person of such other
ofi"rr". and pass any sent e or award punishment authorised by this Act or,
as the case may be, under such other law.
Powers of
Sprecial Court
rvith resPect
to other
offences"
PART IV]
point, for every Special Co , a pubtic
Ap Prosecutor"
SO
(2) A person shall not be qualified to be
!:l Every person appointed as a Public Prosecutor or Additional public
Prosecutor or Speoial Public Prosecutor un er this section shall be deerned to
9" (1) Subject to the.provisions of section 22, a Special Co may take procedure
sections 263 to 265 of the code shall, as as may be, apply to such trial:
Provided that where in the course of summary trial under this sub_
section, it appears to the Special Court that the nature of the case is such that itis undesirable to in a summary way, the Special Court shall Secall any
witnesses who may have been ex ined and proceed. to re-hear the case in th!
manner as provided by the provisions of the Code for the trial of such offence
and the said provisio;ns shall apply to and in relation to, a special court as theyapply to and in relation to, a Magistrate:
imprisonment for a term not exceeding two years.
(3) Subject to the other provisions of this Act, a Special Court shall; for the
purpose of trial-of any offence, have all the powers of a court of session and
shall try such offence as.if it were a court of session so far as may be. in
accordance with the procedure prescribed in the Code for the trial befoi" a
Court of Session-
11- Where, after taking cognizance of an offence, a Special Co is of the power to
is transfened shall proceed with the trial of the offence as if it.has taken
cognizance of the o ce.
H84-2
2s_6
Transitional
provisions
and transfer
ofpending
proceedings.
Appeal"
Admissibility
o:[ evidence
collected
through
interception.
GUJ T GOVERNMENT GAZETTE, EX., O5-1I-2019
12. (l) The jurisdiction eonferred by this Act on a Special Court, shall, until
a Sp'ecial Court is constituted under section 5, in the case of any offence
punishable under this Act, notwithstanding anything contained in the Code, be
exercised by the Court of Session of the division in which such offence has
been committed and it shall have all the powers and follow the procedure as
provided under this Act.
(2) On and ftom the date when the Special Court is constituted under
required to be held before the Special Court, shall stand .transferred to -that
court.
13. (1) Notwithstanding anything contained in the Code, an appeal shall lie
from any judgment, sentence or order, not being an interlocutory order, of a
Special Court to theHigh Co
(2) Every appeal under sub-section (1) shall be,preferred within thirty days
from the date of the judgment, sentence or order by the accused.
(3) In computing the pqriod of limitation, the provisions of sections 4 and
12 of the timitationAct, 1963 shall, so far as may be, apply.
CHAPTER IV
INTERCEPTION OF' COMMUNICATION AND ATTACHMENT OF
PROPERTY
14. Notwithstanding anything contained in the Code or in any other law for
the time being in force, the evidence collected through the interception of
wire, electronic or oral communication under the provisions of any other law
shall be admissibte as evidence against the accused in'the Court during the
trial ofacase:
Provided that the contents of any wire, electronic or oral
communication intercepted or evidence derived therefrom shall not be
received in evidence or otherwise disciosed in any trial, hearing or other
proceeding.in any Court unless each accused has been fumished, not less than
ten days before the trial, hearing or proceeding, with a copy of the order of the
relevantAuthority, under which the interception was authorised or approved:
IPART IV
36 of 1963.
Provided further that the period of ten days may be waived by the
judge trying the offence, if he comes to the conclusion that it was not possible
- to furnish the accused with the aforesaid information ten days before the trial,
in receiving such info ation"
competent authority under any law ielating to preventive
detention subject to the order, if any, of any competent court: or
(b) on any previous occasion prosecuted er the provisions ofthis
Act.""
(2) Where it is proved that any person involved in any terrorist act or an" organised crime or any person on his behalf is or has it uny time been in
ces have een acquired or derived by hisiilegal activities"
person, the Special Co shall pr
rorr872" 16. (1) Notwithstanding anything in the Code or in the Indian Evidence
Act, 1872, but subject to the provisions of this section, a confession made b aperson before a police officer not below the rank of the Superintendent ofPolice, or for the areas where the Commissioner of Police is appointed by theState Gove ent, before a police officer not below the rank of the
be reproduced, shall be admissible in the
trial of such accused, co-accused, abettor or conspirator for ari offence under
the provisions of this Act:
Provided that the co-accused, abettor or conspirator is charge-sheeted
and tried in the same case together with the accused.
. (2) The confession made under sub-section (1) shall be recorded in the
atmosphere free from threat and inducement and shall be in the same language in
which the person makes it.
(3) The Police officer shall, before recording any confession by the person
.under sub-section (1), explain to such person that he is not bound to make a
confession and that, if he does so, it may be used as evidence against him:
Provided that such police officer shall not record any such confession
unless, upon questioning the person making it, he is satisfied that the
confession is being made voluntarily-
(4) The concernetl police offtcer shall, after recording such voluntary
satisfaction ofthe volunt char
and time of the same.
(5) Every confession recorded under sub-section (l) shall be sent in
- original forthwith to the Chief Metropolitan Magistrate or the Chief Judicial
Magistrate having jurisdiction over the area in which such eonfession has been
so received to the Special Co which may take cognizance of the offencb.
(6) The person from whom a confession has been recorded under sub-
section (1) shall be produced, within foffy-eight hours, before the chief
Metropolitan Magishate or the chief Judicial Magistrate to whom the
confession is required to be sent under sub-section (5), alongwith the
statement of'confession, written or recorded on mechanical or ilectronic
tempered with in anyway"
Certain
confessions
made to
police officer
to be taken
into
consid eration.
25-8
Protection of
witnesses"
l\ttachment
and forfeiture
o,f property.
GUJARAT GOVERNMENT GAZETTE, EX., O5-11-2019
(7) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate
shall, record the state nt, if any, made by the accused so produced and get
his signature or thumb impression and if there is any complaint of torture, the
accused shall be directed to be produced for medical examination before Civil
S eon.
17" (1) Notwithst ing anything contained in the Code, the proceedings
under this Act may be held in camer4 if the Special Court so desires"
(2) A Special Court, on an application made by a witness in any
proeeeding before it or by the Public Prosecutor in relation to such witness or
on its own motion, is satisfied that life of such witriress is in danger, it may take
such measures as it deems fit for keeping secret the identity and address of any
witness"
(3) In particular, and without prejudice to the generality of the provisions
of sub-section (2), the measures ich a Special Court may take under that
sub-section may include -'
(a) the holding of the proceedings at a place to be decided'by
" the Special Court;
(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;
(c) the issuing of any directions for secuting that the identity and
addresses of the witnesses are not disclosed;
(d) a decision that it is in the public interest to order that. all or
any of the proceedings pending before sueh a court shall not b'e
published in anY manner.
(4) Any person who conhavenes any decision or direction issued under
sub-section (3) shall be punishable with imprisoirment for a term which may
extend to one year and with fine which may extend to one thousand rupees.
L8. (1) No person ,rrat nota or be in possession of any proceeds of any
terrorist act or organised crime"
@ If an offrcer, investigating an offence iommitted under this Act, has
reason to believe that any property in relbtion to which an investigation is
being conducted, represents proceeds of any tenorist act or organised crime,
order seizing such prope movable or immovable or both, and where it is not
such property shall not be transferred or otherwise dealt with except with the
prior p - 
ission of the offtcer making such order or, as the case may be, the
Speciat Co and a copy of such order shall be served on the person
concerned"
(3) The investigating offrcer shall duly inform the Special Court, within
fo -eight hor.us of the seizure or atiachment of such property.
(4) It shall be o en to the Speeial Court either to confirm or revoke'the
order of seizure or attachment made der sub-section (2):
[PART IV
PA. rvl
25-9
Provided that the Special Court shall not pass an order unless an opportunity
(5) (a) If, upon a report in writing made by an investigating officer, the
Special Court has reason to believe that any person who has committed
an offence punishable under this Act has absconded or is concealing
himself so that he may not be apprehended, the Special court may,
notwithstanding hing contained in section 82 of the code, publish
a written proclamation requiring him to appear at a specified place and
at a specified time not less than fifteen days but not more than thirty days
from the publication of such proclamation:
Provided that the investigating officer shall not make a report to the
Special Court for issuing the proclamation until he tried and failed to arrest
the accused who has absconded or is concealing himself, within a period of
three months from the date of registering the offence against such person.
(b) The Special Court issuing a proclamation under clause (a) may, at any
time, pass an order for attachment of properly, movable or immovable or
both belonging to such accused and thereupon the provisions ofsections 83 to
85 of the Code shall apply to such attachment.
(c) Ifthe accused fails to appear before a Special Court as specified in the
proclamation within a period of three months from the date of publication of
proclamation, the Special Court shall pass an order for forfeiture of such
properly free from all encumbrances.
(d) If within a period of six months from the date of forfeiture of property
under clause (o), the accused whose property has been forfeited, appe
voluntarily before the Special Court and proves to the satisfaction of the Court
that he did not abscond or conceal himself for the purpose of avoiding
apprehension and that he had not reeeived such notice of proclamation, the
Special Court may pass an order for revoking the order-of forfeiture of such
propeffy.
(6) Where the accused has been convicted of any offence punishable under
this Act the Special Court may, in addition to awarding any punishment by
order in writing, declare that any properly, movable or immovable or both
belonging to the accused and specified in the order shall stand forfeited to the
State Government free from all encumbrances.
Explanation.- For the purpose of this section "proceeds of any terrorist act or
organised crime" means all kind of properties which have been derived or obtained
from commission of any terrorist act or organised crime or have been acquired
through funds haceable to any terrorist act or organised crime and shall include cash,
irrespective of person in whose name such proceeds standing or in whose
possession they found.
19. Where, after issue of order of seizure or ent made under section 18, any Certah
property referred to in such order is transfened by any mode whatsoever, such transfer tansfers to be
shall, for the purpose of proceedings under this Ac! be ignored and if such proper(y is null and void"
subsequently forfeited, the transfer of such property shall be deemed to be null and
void.
iz5- 10 GUJARAT GOVERNMENT GAZETTE, EX.,05-11-2019 IPART IV
CIIAPTER V
MISCELLANEOIJS
Modirted 29. (1) Notwithstanding anything contained in the Code or in any otherapplication i,:;;;;; law, every offence punishable under this Act shall be deemed to be a
provisions'cognizableoffence'withinthemeaningofclause(c)ofsection2oftheCode
ofcode. and lcognizable case' ds defined in that clause and shall be construed
accordingly.
(2)Section|67oftheCodeshallapplyinrelationtoacaseinvolvingarr
offence punishable under this Act subject to the modifications that in sub-
section (2), -
(a) the reference to "fifteen days" and "sixty days", wherever they occur,
shall be construed as references to "thirty days" and "ninety days",
respectively ;
(b) after the existing proviso, the following proviso shall !e 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 ofthe
Public Prosecutor indicating the progress of the investigation and the specific
reasons for detention of the accused beyond the said period of ninety. days.".
(3) Nothing in section 438 of the Code shall apply in relation to any case
invglving the arrest of any person accused of having committed an offence
punishable under this Act.
(4) Notwithstanding anything.contained in the Code, no person accused of
an offence punishable under this Act shall, if in custody, be released on bail or
on his own bond. unless -
(a) the Public Prosecutor has been 'given an opportunity to oppos€
the application ofsuch release; and
(b) where the Public Prosecutor opposes the application,. the Special
Court is satisfied that there are reasonable grounds for believing
that accused is not guilty of commilting such offence and that he
is not likeiy to commit any offence while on bail'
(5) Notwithstanding anything contained in the Code, the accused shall not
. be granted bail if it is noticed by the Special Court that he was on bail in an
offence under this Act, or under any other Act on the date of the offence in
question.
(6) The restriction on gr ing of bail specified in sub-sections (4) and (5)
are in addition to the restriction under the Code or any other law for the time
being in force on the granting of bail"
(7) The police officer seeking the custody of any person for pre-indictment
or pre-tial intenogation from the judicial custody shall file a written statement
exjltaining the reasons for seeking such custody and also for the delay if any,
in seeking the polibe cuStodY.
Presumption as to 2L: (1) In a prosecution for an offence of terrorist act or organised crime
:I:1"'j''.:"u-" punisha6ie rurdei section 3, if it is proved
PART TV] GUJARAT GOVERNMENT GAZETTE. EX.. O5-i 1-2019
(a) that unlawful arms and other material including relevant documents or papers
were recovered from the possession of the accused and there is a reason to
believe that such unlawful arms and other material including such documents or
papers were used in the commission of such offence; or
(b) that by the evidence ofan expert, the finger prints ofthe accused were found at
the site of the offence or on anything including unlawful arms and other
materials like relevant documents or papers and vehicles used in connection with
the commission of such offence,
the Special Court shall presrlme, unless the contrary is proved, that the accused had
. committed sueh offence.
(2) In a prosecution for an offence punishable under sub-section (2) ofsection 3, ifit is proved
that the accused rendered any financial assistance to a person, having knowledge that such
person is accused of, or reasonably suspected of, an offence ofterrorist act or organised crime,
the Speeial Court shall presume, unless the contrary is proved, that such person has commiffed
the offence under the said sub-section (2).
22. ( 1) Nofwithstanding anything contained in the Code,-
(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 officer in charge of range of the concerned Districts or the
Commissioner of Police, as the case may be;
(b) no investigation of an offence under the provisions of this Act shall be carried out by a
police offrcer below the rank of the Dep Superintendent of Police, or for the areas
where the Commissioner of Police is appointed by the State Government by a police
officer below the rank of the Deputy Superintendent of Police.
(2) No Special Court shall take cognizance of any offence under this Act without the previous
sanction of the State Government.
23. Whoever, being a public servan! renders any help or support in any manner in the
comrnission of tenorist act or organised crime as defined in clause (e) and clause (h) of section
2, whether before or after the commission of any offlence by a member of an organised crime
syndicate or abstains from taking lawful measures under this Act or intentionally avoids to carry
out the directions of any Court or of the superior police officers in this respec! shall be punished
with imprisonment of either description for a term ich may extend to three years and with
fine.
24. The provisions of this Act and the rules or any order made thereunder shall have effect
notwithstanding ing inconsistent effect therewith contained in any other law for the time
25. No suit, prosecution or other legal proceeding shall lie against the State Government or
any offrcer or authoriry of the State Government for anything which is in good faith done or
intended to be done in pursuance of this Act and the nrles or any order made thereunder.
25-11
Cognizance
of and
investigation
into, an
offence.
Punishment
for public
servants
failing in
discharge of
their duties.
Overriding
efflect.
Protection
of action
in
good faith.
25-12
IPART IV
the provisions of this Act,
27" (1) Without prejudice to the powers of the'High Co to make rules
Gazette, make rules for c ing out the purposes of this Act"
(2) All rules made trnder this Act shall be laid for not less rty days
subject to rescission by the State Legislature or td such modification as the
session immedi ly following"
be published immediately in the Official G:zeflc a.nd shall thereupon take
e ct"
Government Cental press, Gandhinagar:
Power of
lFligh Court
to make
rules"
Power of
State
G,ovbrnmdnt
to make
rules"

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