LexThe Maharashtra Control of Organised Crime Act, 1999
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1999 : Mah. XXX] 1
THE MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999
[Text as on 17th January 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Punishment for organised crime.
4. Punishment for possessing unaccountable wealth on behalf of 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 Courts to have precedence.
11. Power to transfer cases to regular Courts.
12. Appeal.
13. Appointment of Competent Authority.
14. Authorization of interception of wire, electronic or oral communication.
15. Constitution of Review Committee for review of authorisation orders.
16. Interception and disclosure of wire, electronic or oral communications prohibited.
17. Special Rules of evidence.
18. Certain confessions made to police officer to be taken into consideration.
19. Protection of witnesses.
20. Forfeiture and attachment of property.
21. Modified application of certain provisions of the Code.
22. Presumption as to offences under section 3.
23. Cognizance of, and investigation into, an offence.
24. Punishment for public servants failing in the discharge of their duties.
25. Overriding effect.
26. Protection of action taken in good faith.
27. Annual Report of Interceptions.
28. Power of High Court to make rules.
29. Powers of State Government to make rules.
30. Repeal of Mah. Ord. III of 1999 and saving.
2 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 3
MAHARASHTRA ACT NO. XXX OF 19991
[THE MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999.]
[This Act received the assent of the President on the 23rd April 1999; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 24th April 1999.]
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 was expedient to make special provisions f or prevention and control of, and for
coping with, criminal activity by organized crime syndicate or gang, and for matters connected
therewith or incidental thereto;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Go vernor of Maharashtra was satisfied that circumstances existed
which rendered it necessary for him to take immediate action to make a law, for the purposes
aforesaid ; and therefore, promulgated the Maharashtra Control of Organised Crime Ordinance,
1999 (Mah. Ord. III of 1999) , on the 24 th February 1999;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Fiftieth Year of the Republic of India as follows :—
1. Short title , extent and commencement. — (1) This Act may be called the Maharashtra
Control of Organised Crime Act, 1999.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 24th February 1999.
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(a) “abet”, with its grammatical variations and cognate expression, includes,—
(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 manne r, an
organised crime syndicate;
(ii) the passing on or publication of, without any lawful authority, any information
likely to assist the organised crime syndicate and the passing on or publication of or
distribution of any document or matter obtained from the organised crime syndicate; and
(iii) the rendering of any assistance, whether financial or otherwise, t o the organised
crime syndicate;
(b) “Code” means the Code of Criminal Procedure, 1973 (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 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 period of ten years and that Court has taken cognizance of
such offence;
(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 thr eat 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;
1 For Statement of Objects and Reasons of the L. A. Bill No. IX of 1999 , see Maharashtra Government Gazette 1999,
Extraordinary No. 5, Part V-A, dated the 16th March 1999, page 40.
4 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
(f) “organised crime syndicate” means a group of two or more persons who, acting either
singly or collectively, as a syndicate or gang indulge in activities of organised crime;
(g) “Special Court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in this Act and defined in the Code shall have the
meanings respectively assigned to them in the Code.
3. Punishment for organised crime. — (1) Whoever commits an offence of organised crime
shall,—
(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;
(ii) in any other case, be punishable with imprisonment for a term which shall not be less
than five years bu t which may extend to imprisonment for life and shall also be liable to a fine,
subject to a minimum fine of rupees five lacs.
(2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the
commission of an organised crime or any act preparatory to organised crime, shall be punishable with
imprisonment for a term which shall be not 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.
(3) Whoever harbours or conceals or attempts to harbour or conceal, any member of an organised
crime syndicate shall be punishable with imprisonment for a term which shall not be less than five
years but which may extent to imprisonment for life, and sh all also be liable to a fine, subject to a
minimum fine of rupees five lacs.
(4) Any person who is a member of an organised crim e syndicate shall be punishable with
imprisonment for a term which shall not be less than five years but which may extend to im prisonment
for life and shall also be liable to a fine, subject to a minimum fine of rupees five lacs.
(5) Whoever holds any property derived or obtained from commission of an organised crime or
which has been acquired through the organised crime syndicate funds shall be punishable with a term
which shall not be less than three years but which may extend to imprisonment for life and shall also be
liable to fine, subject to a minimum fine of rupees two lacs.
4. Punishment for possessing unaccountable wealth on behalf of member of organised
crime syndicate.— 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 account
for, he shall be punishable with imprisonment for a term which shall not be less than three years but
which may extend to ten years and shall also be liable to fine, subject to a minimum fine of rupees one
lac and such property shall also be liable for attachment and forfeiture, as provided by section 20.
5. Special Courts. — (1) The State Government may, by notification in the Official Gazette ,
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 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 th e Bombay High Court. The State Government may also
appoint, with the concurrence of the Chief Justice of the Bombay High Court, additional judges to
exercise jurisdiction in a Special Court.
(4) A person shall not be qualified for appointment as a judge o r an additional judge of a Special
Court, unless he immediately bef ore such appointment, is a sessions 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
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 5
judges and also for the disposal of urgent business in the event o f his absence or the absence of any
additional judges.
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 person
has 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 authorised by this 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 Publ ic
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 Pu blic
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 Public Prosecutor within the meaning of
clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.
9. Procedure and powers of Special Court.— (1) A Special Court may take cognizance o f 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 n ot
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 prescribed in the Code and the provisions of section 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 sh all apply to and in relation, to a Special Court as they apply to a nd in relation, to a
Magistrate:
Provided further that, in case of any conviction in a 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 or indirectly 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 principle or abetter, 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 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
6 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
Session, so far as may be, in accordance with the procedure prescribed 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 a
Special Court shall have precedence over the trial of any other case against the accus ed in any other
Court (not being a Special Court) and shall be concluded in preference of the trial of such other cases
and accordingly the trial of such other cases 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 offe nce to any Court having
jurisdiction under the Code and the 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.
(2) Every appeal under this section shall be preferred within thirty days from the date of the
judgement, sentence or order.
13. Appointment of Competent Authority. — The State Government may appoint any of its
officer, in Home Department, not below the rank of Secretary to Government, to be the Competent
Authority for the purposes of section 14.
14. Authorization of interception of wire, electronic or oral comm unication.— (1) A police
officer not below the rank of Superintendent of Police supervising the investigation of an organised
crime under this Act may submit an application in writing to the Competent Authority for an order
authorising 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
organised crime.
(2) Each application shall include the following information :—
(a) the identity of the investigative 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 organised crime that has been, is bei ng, 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 organised crime
whose communications are to be intercepted;
(c) a statement as to whether or not other modes of enquiry of 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 the described type of communication has been first obtained, a particular
description of facts establishing probable cause to believe that additional communications of the
same type will occur thereafter;
(e) a statement of the facts concerning all previous applications known to the individual
authorizing and making the application, mad e to the Competent Authority for authorization to
intercept, or for approval of interceptions of, wire, electronic or oral communications involving
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 7
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.
(4) Upon such application, the Competent Authority may after recording the reasons in writing
reject the application, or i ssue an order, as requested or as modified, authorising 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 of
this Act;
(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, 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 communications, and of the person
authorizing the application; and
(e) the period of time during which such interception is authoriz ed, 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 15 alongwith all the relevant underlyin g 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 t he 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, nor in any event longer than sixty days. Such sixty days period shall begin on the d ay
8 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
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 making the findings required by sub -
section (4). The period of extension shall be no longer than the Competent Authority deems necessary
to achieve the p urposes 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 soon as practicable and shall be conducted in such a way or manner as to minimize the
interception of communications not otherwise subject to interception under this section and must
terminate upon attainment of the authorized objective, or in any event on expiry of the period of order.
In the event the int ercepted communication is in a code or foreign language, and an expert in that
foreign language or code is not reasonably available during the interception period, minimization may
by accomplished as soon as practicable after such interception. An intercep tion under this section may
be conducted in whole or in part by public servant, or by an individual operating under a contract with
the State Government, acting under the supervision of the investigative 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 autho rized 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 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 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 -eight h ours 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 where an application for
permitting interception is rejected under sub -section (4) or an application under sub -section ( 10) for
approval is rejected, or in any other case where the i nterception is 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 o ral communication intercepted by any means
authorized by this section shall, if possible, be recorded on tape or wire or other comparable device.
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 s ealed under his directions. Custody of the
recordings shall be wherever 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
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 9
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 his 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 as evidence against the accused in the 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 therefrom shall not be received in evidence or otherwise disclosed in
any trial, hearing or other proceeding in any Court unless each party, not less than ten days before trial,
hearing or proceeding, has been furnished with a copy of the order of the Competent Authority, an d
accompanying application, under which the interception was authorised or approved:
Provided further that, this 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 inform ation 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 purposes of this section—
(a) ‘wire 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 the point of origin and the point of connection, between the point of origin and the point
of reception (including the us e 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;
(c) ‘electronic communication’ means any transfer of signs, si gnals, writings, images,
sounds, data or intelligence of any nature transm itted 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 hand-set 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. Constitution of Review Committee for review of authorisation orders. — (1) There shall
be a Review Committee to review every order passed by the Competent Authority under section 14.
(2) The Review Committee shall consist of the following ex officio members, namely :—
(i) the Chief Secretary to Government . . Chairman.
(ii) the Additional Chief Secretary or the . . Member.
senior most Principal Secretary, as the
case may be, in the Home Department.
(iii) Principal Secretary or Secretary and . . Member.
Remembrancer of Legal Affairs, Law and
Judiciary Department.
10 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
(3) Every order passed by the Competent Authority under section 14, placed before the Review
Committee, shall be considered by the Review Committe e within ten days after its receipt, to decide
whether the order, authorising or approving the application under sub -section ( 4) of section 14, for
interception or disapproving the interception made under sub -section (10) of that section in emergency
situation, passed by the Competent Authority was necessary, reasonable and justified.
(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 th e Competent
Authority or may issue order disapproving the same. On issue of an order of disapproval 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.
16. 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, endeavours to intercept , or procures any other person to
intercept or endeavour to intercept any wire, electronic or oral communication;
(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—
(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 radio, or interferes with the transmission
of such communication;
(c) intentionally discloses, or endeavours to disclose, to any other person the contents of any
wire, electronic or o ral 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 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 sub-section; or
(e) (i) intentionally discloses, or endeavo urs 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 comm unication in connection with a crimin al investigation under this
Act;
(iii) having obtained or received the information in connectio n with a criminal
investigation; and
(iv) with intent to improperly obstruct, impede, or interfere with a duly au thorised
criminal investigation; or
(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.
17. Special Rules of evidence. — (1) Notwithstanding anything to the contrary contained in the
Code, or the Indian Evidence Act, 1872 (I of 1872) , for t he purposes 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
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 11
(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 organised 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 Court
shall presume that it was for ransom.
18. Certain confessions made to police officer to be taken into consideration.— (1) Notwithstanding
anything in the Code or in the Indian Evidence Act, 1872 (I of 1872), but subject to the provisions of
this section, a confession made by a person before a police officer not below the rank of the
Superintendent of Police and recorded by su ch 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 a 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 co nfession 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 ov er 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 (4) alongwith the original statement of confession,
written or recorded on mechanical device without unreasonable delay.
(6) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall scrupulously record
the statement, if any, made by the accused so produced and get his signature and in case of any
complaint of torture, the person shall be directed to be produced for medical examination before a
Medical Officer not lower in rank than of an Assistant Civil Surgeon.
19. Protection of witnesses. — (1) N otwithstanding 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 r elation 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 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 securing that the identity and addresses of the witnesses
are not disclosed;
12 The Maharashtra Control of Organised Crime Act, 1999 [1999 : Mah. XXX
(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.
20. Forfeiture and attachment of property. — (1) 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.
(2) Where any person is accused of any offence under this Act, it shall be open to the Special
Court trying him, to pass an order that all or any properties, movable or immovable or both, belonging
to him, shall, during the period of suc h trial, be attached, and wher e such trial ends in conviction , the
properties so attached shall stand forfeited to the State Government, free from all encumbrances.
(3) (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 appre hended, 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 police 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 person, the officer shall, on the ex piry 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 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 subordina te, and proves to the
satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding
apprehension and that he had not received such notice of the proclamation as to enable him to
attend within the specified time therein, such property or, if the same has been sold, the net
proceeds of the same and the residue of the property, shall, after satisfying therefrom all costs
incurred in consequence of the attachment, be delivered to him.
21. 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 construed 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) t he references to “fif teen days”, and “sixty days ”, wherever they occur, shall be
construed 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 t o 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.”.
1999 : Mah. XXX] The Maharashtra Control of Organised Crime Act, 1999 13
(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 his 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.
(7) The police officer seeking th e custody of any person for pre -indictment or pre -trial
interrogation from the judi cial custody shall file a written statement explaining the reason for seeking
such custody and also for the delay, if any, in seeking the police custody.
22. Presumption as to offences under section 3. — (1) In a prosecution for an offence of
organised crime punishable under section 3, if it is proved—
(a) that unlawful arms and other materiaExcerpt shown. Open the full act in Lexace.