LexThe KARNATAKA CONTROL OF ORGANIZED CRIMES ACTS, 2000
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THE KARNATAKA CONTROL OF ORGANISED CRIME ACT ,2000
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions
3. Punishment for Organised Crimes.
4. Punishment for possessing unaccountable wealth on behalf of a member of
organised crime syndicate.
5. Special Courts.
6. Jurisdiction of Special Court.
7. Power of Special Courts with respect to other offences.
8. Public Prosecutor.
9. Procedure and powers of special court.
10. Trial by special court to have precedence.
11. Power to transfer cases to regular courts.
12. Appeal.
13. Appointment of Competent Authority.
14. Authorisation of interception of wire, electronic or oral communication.
15. Special provisions regarding cellular phones.
16. Constitution of Review Committee for review of authorisation orders.
17. Interception and disclosure of wire electronic or oral communications
prohibited.
18. Special rules of evidence.
19. Certain confessions made to Police Officer to be taken into consideration.
20. Protection of witness.
21. Forfeiture and attachment of property.
22. Modified application of certain provisions of the Code.
23. Preseumption as to offences under section 3.
24. Cognizance of and investigation in to an offence.
25. Punishment for public servants failing in the discharge of their duties.
26. Overriding effects.
27. Protection of action taken in good faith.
28. Annual Report of Interceptions.
29. Power of High Court to make rules.
30. Powers of State Government to make rules.
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KARNATAKA ACT 1 OF 2002
(First published in the Karnataka Gazette Extra-ordinary on the second day of
January, 2002)
THE KARNATAKA CONTROL OF ORGANIZED CRIMES ACTS, 2000.
(Received the assent of the President on the twenty second day of December,
2001)
An Act to make special provisions for prevention and control of, and for coping
with, criminal activity by organized crime syndicate or gang, and for matters connected
therewith or incidental thereto;
Whereas it is expedient to make special provisions for prevention and control of,
and coping with, criminal activity by organi zed crime syndicate or gang and for matters
connected therewith or incidental thereto;
Be it enacted by the Karnataka State Legislature in the fifty first year of the
Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the
Karnataka Control of Organized Crimes Act, 2000.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force at once.
2. Definitions. - (1) In this Act, unless the context otherwise requires, -
(a) “Abet”, with its grammatical variations and cognate expressions, includes, -
(i) communication or association with any person with the knowledge or having
reason to believe that such person is engaged in assisting in any manner, an organized
crime syndicate;
(ii) Passing on or publication of, without any lawful authority, any information
likely to assist an organized crime syndicate and the passing on or publication of or
distribution of any document or matter obtained from an organized crime syndicate; and
(iii) Rendering of any assistance, whether financial or otherwise, to an organized
crime syndicate;
(b) “Code” means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
(c) “Competent Authority” means the Competent Authority appointed under
section 13;
(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 organized 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;
(e) “Organized crime” means any c ontinuing unlawful activity by an individual,
singly or jointly, either as a member of an organized 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 promoting insurgency;
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(f) “Organized 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
organized crime;
(g) “Review Committee” means a Review Committee constituted under section
16;
(h) “Special court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in the Act and defined in the
Code shall have the meanings respectively assigned to them in the Code.
3. Punishment for organized crime - (1) whoever commits an organized crime
shall, -
(i) if such act has resulted in the death of any person, be punishable with death
or imprisonment for life and shall also be liable to a fine, which shall not be less than one
lakh rupees.
(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 fine, which shall not be less than five lakh rupees.
(2) Whoever conspires or attempts to commit or advocates, abets or knowingly
facilitates the commission of an organized crime or any act preparatory to organized
crime, shall be punishable with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment fo r life and shall also be liable to a fine,
which shall not be less than five lakh rupees.
(3) Whoever harbors or conceals or attempts to harbor or conceal, any member
of an organized crime syndicate shall be punis hable 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, which shall not be less than five lakh rupees.
(4) Any person who is a member of an organized crime syndicate shall 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 which shall
not be less than five lakh rupees.
(5) Whoever holds any property derived or obtained from commission of an
organized crime or which has been acquired through the organized crime syndicate
funds shall be punishable with imprisonment for a term which shall not be less than three
years but which may extend to imprisonment fo r life and shall also be liable to a fine,
which shall not be less than two lakh rupees.
4. Punishment for possessing unaccountable wealth on behalf of a member
of organized crime syndicate. - If any person on behalf of a member of an organized
crime syndicate is, or, at any time has been in possession of movable or immovable
property which he cannot satisfactorily account for, he shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend
to imprisonment for a term of ten years and sh all also be liable to a fine, which shall not
be less than one lakh rupees and such property shall also be liable for attachment and
forfeiture, as provided by section 21.
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5. Special Courts. - (1) The State Government may, by notification, constitute 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 thereon 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
Karnataka. The State Government may also appoint with the concurrence of the Chief
Justice of the High Court of Karnataka additional judges to exercise jurisdiction in a
Special court.
(4) A person shall not be qualified for appointment as a judge or an additional
judge of a Special Court, unless he immediately before such appointment is a session’s
judge or an additional sessions judge.
(5) Where any additional judge is or additional judges are appointed in a Special
Court, the judge of the Special court may, from time to time, by general or special order
in writing, provide for the distribution of the business of the Special court among himself
and the additional judge or additional judges and also for the disposal of urgent business
in the event of his absence or the absence of any additional judge.
6. Jurisdiction of Special Court. - Notwithstanding anything contained in the
Code, every offence punishable under this Act shall be triable only by the Special court
within whose local jurisdiction it was committed, or as the case may be, by the Special
court constituted for trying such offence under sub-section (1) of Section 5.
7. Power of Special Courts with respect to other offences. - (1) When trying any
offence punishable under this Act, a Special court may also try any other offence with
which the accused may, under the Code, be charged at the same trial, if the offence is
connected with such other offence.
(2) If, in the course of any trial of any offence under this Act, it is found that the
accused persons have committed any other offence under this Act or under any other
law, the Special Court may convict such person of such other offence and may pass any
sentence authorized by the Act, or as the case may be, such other law, for the
punishment thereof.
8. Public Prosecutor.- (1) For every Special court, the State Government shall
appoint a person to be the Public Prosecutor and may appoint one or more persons to
be the Additional Public Prosecutor or Additional Public Prosecutors:
Provided that the State Government may also appoint for any case or group of
cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor, an
Additional Public Prosecutor or a Special Public Prosecutor unless he has been in
practice as an Advocate for not less than ten years.
(3) Every person appointed as a Public Prosecutor or Additional Public
Prosecutor or Special Public Prosecutor under this section shall be deemed to be a
Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the
provisions of the Code shall have effect accordingly.
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9. Procedure and powers of Special Court. - (1) A Special Court may take
cognizance of any offence without the accused being committed to it for trial, upon
receiving a complaint of facts, which constitute such offence, or upon a police report of
such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment
for a term not exceeding three years or with fine or with both, the Special court may
notwithstanding anything contained in sub-section (1) of section 260 or section 262 of
the Code, try the offence in a summary way in accordance with the procedure specified
in the Code and the provisions of sections 263 to 265 of the Code shall, as far as may
be, apply to such trial:
Provided that, where in the course of a summary trial under this sub-section, it
appears to the Special court that the nature of the case is such that it is undesirable to
try in a summary way, the Special Court shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided by the provisions of
the Code for the trial of such offence and the said provisions shall apply to and in
relation, to a Special Court as they apply to and in relation, to a Magistrate:
Provided further that, in case of any conviction in summary trial under this
section, it shall be lawful for a Special court to pass a sentence of imprisonment for a
term not exceeding two years.
(3) A Special court may, with a view to obtaining the evidence of any person,
supposed to have been directly concerned in or privy to an offence, tender a pardon to
such person on condition of his making a full and true disclosure of the whole
circumstances within his knowledge relative to the offence and to every other person
concerned, whether as principal or abettor, in the commission thereof and any pardon so
tendered shall, for the purposes of section 308 of the Code, be deemed to have been
tendered under section 307 thereof.
(4) Subject to other provisions of the 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
specified in the Code for the trial before a Court of Session.
10. Trial by Special courts to have precedence. - The trial of any offence under
this Act by special court shall have precedenc e over the trial of any other case against
the accused in any other court (not being a special court) and shall be concluded in
preference to the trial of such other case and accordingly the trial of such other case
shall remain in abeyance.
11. Power to transfer cases to regular Courts. - Where after taking cognizance
of an offence, a Special court is of the opinion that the offence is not triable by it, it shall,
notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of
such offence to any court having jurisdiction under the Code and Court to which the case
is transferred may proceed with the trial of the offence as if it had taken cognizance of
the offence.
12. Appeal. - (1) Notwithstanding anything contained in the code, an appeal shall
lie from any judgement, sentence or order, not being an interlocutory order, of a Special
court to the High Court.
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(2) Every appeal under this section s hall be preferred within thirty days from the
date of the judgment, sentence or order.
13. Appointment of Competent Authority. - The State Government may appoint
any of its officers, in Home Department, not below the rank of a Secretary to
Government, to be the Competent Authority for the purposes of section 14.
14. Authorization of interception of wire, electronic or oral communication. -
(1) A police officer not below the rank of a Superintendent of Police supervising the
investigation of an organized crime under this Act may submit an application in writing to
the competent authority for an order authorizing or approving the interception of wire,
electronic or oral communication by the investigating officer when such interception may
provide or has provided evidence of any offence involving an organized crime.
(2) Each application shall include the following information:
(a) The identity of the investigating or law enforcement officer making the
application and the head of the department authorizing the application;
(b) A statement of the facts and circumstances relied upon by the applicant, to
justify his belief that an order should be issued including-
(i) Details as to the offence of organized crime that has been, is being or is about
to be committed;
(ii) A particular description of the nature and location of the facilities from which
or the place where the communication is to be intercepted;
(iii) A particular description of the type of communications sought to be
intercepted; and
(iv) The identity of the person, if known, committing the offence of organized
crime and whose communications is to be intercepted;
(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;
(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 t he 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;
(e) A statement of the facts concerning all previous applications (known to the
individual 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
(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.
(3) The Competent Authority may require the applicant to furnish additional oral
or documentary evidence in support of the application.
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(4) Upon such application, the competent Authority may after recording the
reasons in writing reject the application, or issue an order, as requested or as modified,
authorizing or approving interception of wire, electronic or oral communications, if the
Competent authority determines on the basis of the facts submitted by the applicant that-
(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;
(b) There is a probable cause for belief that particular communications concerning
that offence will be obtained through such interception;
(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;
(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, are leased to,
or are listed in the name of or commonly used by such person.
(5) Each order by the Competent authority authorizing or approving the interception
of any wire, electronic or oral communication under this section shall specify:-
(a) The identity of the person, if known, whose communications are to be
intercepted;
(b) The nature and location of the communication facilities as to which, or the place
where, authority to intercept is granted;
(c) A particular description of the type of communication sought to be intercepted,
and a statement of the particular offence to which it relates;
(d) The identity of the agency authorized to intercept the communication, and of the
person authorizing the applications; and
(e) The period of time during which such interception is authorized, including a
statement as to whether or not the interception shall automatically terminate when the
described communication has been first obtained.
(6) The competent authority shall immediately after passing the order under sub-
section (4) but in any case not later than seven days from the passing of the order
submit a copy of the same to the Review Committee constituted under section 16 along
with all the relevant underlying papers, record and his own findings, etc., in respect of
the said order, for consideration and approval of the order by the Review Committee.
(7) An order authorizing the interception of a wire, electronic or oral
communication under this section shall, upon request of the applicant, direct that a
provider of wire or electronic communication service, landlord, custodian or other person
shall furnish to the applicant forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a minimum of
interference with the services that such service provider, landlord, custodian or person is
providing to the person whose communications are to be intercepted.
(8) No order issued under this section may authorize or approve the interception
of any wire, electronic or oral communication for any period longer than is necessary to
achieve the objective of the authorization, or in any event for a longer than sixty days.
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Such period of sixty days shall begin on the day immediately preceding the day on which
the investigative or law enforcement officer first begins to conduct an interception under
the order or ten days after the order is issued, whichever is earlier. Extension of an
order may be granted, but only upon an application for an extension is made in
accordance with sub-section (1) and the Competent Authority recording the reasons
required by sub-section (4). The period of extension shall not be longer than the
Competent Authority deems necessary to achieve the purposes for which it was granted
and in no event for longer than sixty days at a time. Every order and extension thereof
shall contain a provision that the authorization to intercept shall be executed as far as
practicable and shall be conducted in such a manner as to minimize the interception of
communications not otherwise subject to interception under this section and must
terminate upon attainment of the authorized ob jective or in any event on expiry of the
period of order. In the event the intercepted communication is in a code or foreign
language, and an expert in that foreign language is not reasonably available during the
interception period, minimization may be accomplished as soon as practicable after such
interception. An interception under this section may be conducted in whole or in part by
a Government servant, or by an individual operating under a contract with the State
Government, acting under the supervision of the investigating or law enforcement officer
authorized to conduct the interception.
(9) Whenever an order authorizing interception is issued pursuant to this section,
the order may require reports to be made to the Competent Authority who issued the
order showing that progress has been made towards achievement of the authorized
objective and the need for continued interception. Such reports shall be made at such
intervals as the Competent Authority may require.
(10) Notwithstanding anything contained in any other provision of this section an
Officer not below the rank of an Additional Director General of Police who reasonably
determines that, -
(a) An emergency situation exists that involves, -
(i) Immediate danger of death or serious physical injury to any person;
(ii) Conspiratorial activities threatening the security or interest of the State; or
(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 diligence, be obtained,
and
(b) There are grounds upon which an order could be issued under this section to
authorize such interception;
May authorize, in writing the investigating 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-eight
hours after the interception has occurred, or begins to occur.
(11) In the absence of an order approving the interception made under sub-section
(10), such interception shall immediately terminate when the communication sought is
obtained or when the application for the order is rejected, whichever is earlier. In the
event of an application under sub-section (4) for permitting to intercept or an application
under sub-section (10) for approval is rejected or in any other case where the
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interception terminated without an order having been issued, the contents of any wire,
electronic or oral communication intercepted shall be treated as having been obtained in
violation of this section.
(12) (a) The contents of any wire, electronic or oral communication intercepted by
any means authorized by this section shall, if possible be recorded on tape or wire or
other comparable devise. Recording of the contents of any wire, electronic or oral
communication under this sub-section shall be done in such a way as will protect the
recording from editing or other alterations. Immediately upon the expiration of the period
of order, or extension thereof, such recordings shall be made available to the Competent
Authority issuing such order and shall be sealed under his directions. Custody of the
recording shall be whenever the Competent Authority orders. They shall not be
destroyed except upon an order of the Competent Authority and in any event shall be
kept for ten years.
(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. The Competent
Authority upon the filing of a motion, may in its discretion make available to such person
or his counsel for inspection such portions of the intercepted communications,
applications and orders as the Competent Authority determines to be in the interest of
justice.
(13) Notwithstanding anything 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 this section shall be admissible in evidence against the accused
before the Special Court during the trial of a case:
Provided that the contents of any wire, electronic or oral communication intercepted
pursuant to this section or evidence derived there from shall not be received in evidence
or otherwise disclosed in any trial, hearing or other proceeding in any court unless each
party, as been not less than ten days before trial, hearing or proceeding furnished with a
copy or the order of the Competent Authority and accompanying application, under
which the interception was authorized or approved:
Provided further that the said ten days period may be waived by the judge trying the
matter, if he finds that it was not possible to furnish the party with the above information
ten days before the trial, hearing or proceeding and that the party will not be prejudiced
by the delay in receiving such information.
Explanation. - For the purpose of this section,-
(a) ‘Wire communication’ means any aural transfer made in whole or part through
the use of facilities for the transmission of communication by the aid of wire, cable or
other like connection, between the point of origin and the point of reception including the
use of such connection in switching station and such term includes any electronic
storage of such communication.
(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.
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(c) ‘Electronic communication’ means any transfer of signs, signals, writing, 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, -
(i) The radio portion of a cordless telephone communication that is transmitted
between the wireless telephone handset and the base unit;
(ii) Any wire or oral communication;
(iii) Any communication made through a tone only paging device; or
(iv) Any communication from a tracking device;
(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.
15. Special provisions regarding Cellular Phones. - (1) A police officer not below
the rank of a Superintendent of Police supervising the investigation of an organized
crime under this Act may submit an application in writing to the Competent Authority for
an order directing a cellular phone operator to de-activate any mobile phone and delink
the calls from or to any mobile phone reasonably suspected of being used for any
criminal act or conspiracy. Such competent authority may also direct the cellular phone
operators operating in its jurisdiction, by a general or specific order, to provide the details
of simcard purchasers and the simcards prov ided by them to a particular person or
persons during a particular period. It shall be mandatory for such cellular phone
operator to provide the required information to the person specified in the above said
direction immediately.
(2) Any person violating any directions given under the sub-section (1) shall be
punishable with imprisonment for a term, which may extend to two years and with a fine,
which may extend to rupees five lakhs.
16. Constitution of Review Committee for review of authorization orders. - (1)
There shall be a Review Committee to review every order passed by the Competent
Authority under section 14 or an order passed by the Officer referred to in sub-section
(10) of that section.
(2) The Review Committee shall consist of the following ex-officio members,
namely: -
(i) The Chief Secretary, Government of Karnataka Chairman
(ii) The Principal Secretary, Home Department.
Government of Karnataka. Member
(iii) The Secretary to Government Law Department,
Government of Karnataka. Member
(3) Every order passed by the Competent Authority under section 14 or by the
officer referred to in sub-section (10) of that section shall be placed before the Review
Committee and be considered by the Review Committee within ten days after its receipt,
to decide whether the order, authorizing or approving the application under sub-section
(4) of section 14 or for interception or disapproving the interception made under sub-
section (10) of that section in emergency situation, passed by the Officer concerned was
necessary, reasonable and justified.
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(4) The review committee after examining the entire record and holding such
enquiry, if any, deemed necessary may, by order in writing, either approve the order
passed by the Competent Authority or by the officer under sub-section (10) of section 14
or may issue order disapproving the same. On issue of an order of disapproved by the
review committee, the interception, if any, already commenced shall be forthwith
discontinued. The intercepted communication, if any, in the form of tape, wire or other
device shall, thereupon, not be admissible as evidence in any case and shall be directed
to be destroyed.
17. Interception and disclosure of wire, electronic or oral communications
prohibited. - Except as otherwise specifically provided in section 14, any police officer
who-
(a) Intentionally intercepts, endeavors to intercept or procures any other person to
intercept or endeavor to intercept any wire, electronic or oral communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or
endeavors to use any electronic, mechanical or other device to intercept any oral
communication when-
(i) Such device is affixed to or otherwise transmits a signal through a wire, cable or
other like connection used in wire communication; or
(ii) Such device transmits communications by ratio, or interferes with the
transmission of such communications;
(c) Intentionally discloses or endeavors 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;
(d) Intentionally uses or endeavors 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 sub-section; or
(e) (i) intentionally disclose or endeavor to disclose, to any other person the
contents of any wire, electronic or oral communication, intercepted by means authorized
by section 14;
(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;
(iii) Having obtained or recorded any information in connection with a criminal
investigation; and
(iv) With intend to improperly obstruct, impede or interfere with a duly authorized
criminal investigation; or
(v) Intentionally continues the interception of wire, electronic or oral communication
after the specific order of disapproval by the Review Committee under sub-section (4) of
section 16;
Shall for such violation be punished with imprisonment for a term, which may
extend to one year and fine which may extend to rupees fifty thousand.
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18. Special rules of evidence.- (1) Notwithstanding anything to the contrary
contained in the Code or the Evidence Act, 1872 for the purpose of trial and punishment
for offences under this Act or connected offences the Court may take into consideration
as having probative value, the fact that the accused was, -
(a) On any previous occasion bound under section 107 or section 110 of the
Code.
(b) Detained under any law relating to preventive detention, or
(c) On any previous occasion was prosecuted in the Special court under this Act.
(2) Where it is proved that any person involved in an organized crime or any person
on his behalf is or has at any time been in possession of movable or immovable property
which he cannot satisfactorily account for, the Special Court shall unless contrary is
proved presume that such property or pecuniary resources have been acquired or
derived by his illegal activities.
(3) Where it is proved that the accused has kidnapped or abducted any person, the
Special Count shall presume that it was for ransom.
19. Certain confessions made to police officer to be taken into consideration.-
Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 but subject to
the provisions of this section, a confessi on made by a person before a police officer not
below the rank of the Superintendent of Police and recorded by such police officer either
in writing or on any mechanical devices like cassettes, tapes or sound tracks from which
sounds or images can be reproduced shall be admissible in the trial of such person or
co-accused, abettor or conspirator:
Provided that the co-accused, abettor or conspirator is charged and tried in the
same case together with the accused.
(2) The confession shall be recorded in free atmosphere in the same language in
which the person is examined and as narrated by him.
(3) The police officer shall before recording any confession under sub-section (1)
explain to the person making it that he is not bound to make a confession and that, if he
does so, it may be used as evidence against him and such police officer shall not record
any such confession unless upon questioning the person making it, he is satisfied that it
is being made voluntarily. The concerned police officer shall, after recording such
voluntary confession, certify in writing below the confession about his personal
satisfaction of the voluntary character of such confession, putting the date and time of
the same.
(4) Every confession recorded under sub-section (1) shall be sent forthwith to the
Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the
area in which such confession has been recorded and such Magistrate shall forward the
recorded confession so received to the Special Court which may take cognizance of the
offence.
(5) The person from whom a confession has been recorded under sub-section (1)
shall also be produced before the Chief Metropolitan Magistrate or the Chief Judicial
Magistrate to whom the confession is required to be sent under sub-section (3) along
with the original statement of confession written or recorded on mechanical device
without unreasonable delay.
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(6) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall
scrupulously record the statement if any m ade by the accused so produced, and get the
signature. In case of any complaint of torture the accused shall be directed to be
produced for medical examination before a Medical Officer not below the rank of an
Assistant Civil surgeon.
20. Protection of witness, - (1) Notwithstanding anything contained in the Code
the proceedings under this Act may be held in camera, if the Special Court so desires.
(2) A Special Court may on an application made by a witness in any proceeding
before it or by the Public Prosecutor in relation to such witness or on its own motion,
take such measures as it deems fit for keeping the identity and address of any witness
secret.
(3) In particular and without prejudice to the generality of the provisions of sub-
section (2), the measures, which 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 address of the witness in its
orders or Judgements or in any records of the case accessible to public;
(c) The issuing of any directions for securing the identity and addresses of the
witnesses are not disclosed.
(d) That it is in the public interest to order that all or any of the proceedings pending
before such a Court shall not be published in any manner.
(4) Any person who contravenes any direction issued under sub-section (3) shall be
punishable with imprisonment for a term, which may extend to one year and with fine,
which may extend to one thousand rupees.
21. Forfeiture and attachment of property. - Where a person 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 property, 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.
(a) If upon a report in writing made by an investigating police officer with the
approval of the supervisory officer referred to in sub-section (1) of section 14, any
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, such Court may, notwithstanding anything 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 if the investigating officer concerned fails 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 pers on, the officer shall, on the expiry of the
said period make a report to the Special Court for issuing the proclamation.
(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
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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.
(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 there from all costs incurred in
consequence of the attachment, be delivered to him.
22. Modified application of certain provisions of the Code. - (1)
Notwithstanding anything contained in the Code or in any other law, every offence
punishable under this Act, shall be deemed to be a cognizable offence within the
meaning of clause (c) of section 2 of the Code and “Cognizable case” as defined in that
clause shall be constructed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an offence
punishable under this Act subject to the modifications that, in sub-section (2), -
(a) The references to “fifteen days” and “Sixty days” wherever they occur, shall
be constructed as references to “Thirty days” and “ninety days” respectively;
(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 up to 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.”
(3) Nothing in section 438 of the Code shall apply in relation to any case
involving the arrest of any person on an accusation 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 own
bond, unless-
(a) The Public Prosecutor has been given an opportunity to oppose the
application of such release; and
(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.
(5) Notwithstanding anything contained in the Code, the accused shall not be
granted bail if it is noticed by the 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 limitations on granting of bail specified in sub-section (4) are in addition
to the limitations under the Code or any other law for the time being in force on the
granting of bail.
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(7) The police officer seeking the custody of any person for pre-indictment or
pretrial interrogation from the judicial custody shall file a written statement explaining the
reason for seeking such custody and also for the delay if any, seeking the police
custody.
23. Presumption as to offences under section 3. - (1) In a prosecution for an
offence of organized crime punishable under section 3, if it is proved. -
(a) That unlawful arms and other material including documents or papers were
recovered from 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
(b) That 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
acExcerpt shown. Open the full act in Lexace.