The Maharashtra Control of Organized Crime Act (MACOCA), enacted in 1999, is designed to combat organized crime and terrorism in India, particularly in the state of Maharashtra. This law grants the State Government extraordinary powers, such as surveillance, relaxed evidentiary standards, and additional criminal penalties, including the death penalty, to address organized crime. MACOCA also applies to the National Capital Territory (NCT) of Delhi as per the notification from the Ministry of Home Affairs in 2002.
- Organized Crime is defined as any continuing unlawful activity committed by an individual, alone or as part of a syndicate, using violence or intimidation, with the goal of making financial or other gains, or promoting insurgency.
- Organized Crime Syndicate refers to a group of two or more persons involved in such unlawful activities.
Definition of Organized Crime under MACOCA:
Punishment for Organized Crime (Section 3):
- Death or Life Imprisonment:
If the organized crime results in the death of a person, the offender faces a punishment of death or life imprisonment and a fine of at least ₹1 lakh. - Imprisonment for Not Less Than 5 Years:
For other crimes under organized crime, the punishment ranges from 5 years to life imprisonment, along with a fine of at least ₹5 lakhs. - Conspiracy or Facilitation:
A person who conspires, attempts, or knowingly facilitates the commission of an organized crime faces similar penalties of imprisonment from 5 years to life and a fine of at least ₹5 lakhs. - Harboring a Member of an Organized Crime Syndicate:
Anyone who harbors or conceals a member of an organized crime syndicate faces imprisonment from 5 years to life and a fine of at least ₹5 lakhs. - Possession of Property from Organized Crime:
A person who holds property obtained through organized crime faces imprisonment for a term not less than 3 years, which may extend to life imprisonment, along with a fine of at least ₹2 lakhs.
Bail Provisions in MACOCA Cases:
- Extended Detention: The detention period in MCOCA cases can be extended up to 180 days without a trial, which is far beyond the standard 30-day limit in other criminal cases.
- Anticipatory Bail: Provisions under Section 438 of the Cr.P.C. (Anticipatory Bail) do not apply to MCOCA cases, and the conditions for granting regular bail are stricter. Bail may only be granted if the court is satisfied that there are reasonable grounds to believe the person is not guilty of the offense.
Why Choose Kuber Bhatt Advocates for MACOCA Cases?
If you are facing charges under the Maharashtra Control of Organized Crime Act, it is crucial to seek expert legal counsel. Kuber Bhatt Advocates provides dedicated legal services for individuals and entities involved in MACOCA cases, including defense against serious charges of organized crime, conspiracy, and unlawful activities. Our team specializes in handling complex cases related to organized crime, terrorism, and related offenses, ensuring the best possible legal strategy and representation in court.
With an extensive understanding of the law and experience in dealing with stringent provisions of MACOCA, Kuber Bhatt Advocates offers strong defense and legal support for clients across India.
[12:22 PM, 1/11/2025] Sanjay Dubey & Co: The MCOCA (Maharashtra Control of Organised Crime Act) has specific provisions regarding bail and detention for individuals accused under its jurisdiction. The law permits preventive detention and custodial interrogation to prevent and address organised crime. However, the accused can only be detained if the investigating officer justifies the reasons in writing. The provisions also outline penalties for various crimes related to organised crime, including death, life imprisonment, and significant fines, depending on the nature of the offence.
In particular:
- Section 3(1)(i) imposes severe penalties for committing organised crime leading to death, including death or life imprisonment with a fine.
- Section 3(1)(ii) covers other forms of organised crime, leading to imprisonment ranging from five years to life, and substantial fines.
- Section 3(2) and Section 3(3) deal with conspiring, aiding, or harbouring criminals involved in organised crime, similarly imposing lengthy imprisonment and fines.
- Section 4 addresses the possession of property for the syndicate, and Section 24 outlines penalties for public servants aiding or failing to act under MCOCA.
The law’s reach is extensive, with practitioners like Kuber Bhatt Advocates actively representing individuals in cases across Delhi and Maharashtra, including high-profile cases.