Tribune News Service
Chandigarh, August 6
Citing rise in crime over the past decade, the Haryana Government today passed a stringent law on the lines of Maharashtra’s MCOCA to check organised crime and gangsterism in the state.
The Haryana Control of Organised Crime Bill, 2019, was cleared on the concluding day of the last session of the current Assembly. It took the House a mere 22 minutes to pass the Bill, the only objection being by Palwal Congress MLA Karan Dalal.
Under the Haryana Control of Organised Crime Act (HCOCA), the definition of organised crime has been kept as “any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate by use of violence or threat of violence or intimidation or coercion” for pecuniary benefits or “promoting insurgency”.
Notwithstanding anything in the Code of Criminal Procedure (CrPC) and Indian Evidence Act, a confession before a police officer, not below the rank of SP, will be admissible. The confessional evidence has to be produced before the CJM.
The Act calls for in-camera proceedings if a special court set up for trial “wishes so”.
The court can avoid the names and addresses of witnesses from orders and judgments to keep it secret.
The CrPC provides for 15-day police custody, but the HCOCA has it for 30 days. The normal period of filing challan is 60 days, which can be extended to 90 days in CrPC. But under HCOCA, it will be 90 days, which can be extended to 180 days.
The bail can only be given provided public prosecutor gets an opportunity to oppose the bail application and special court is satisfied that there are reasonable grounds for believing that “accused is not guilty and is unlikely to commit any offence on bail”. The accused will be released on his personal bond.
The HCOCA prescribes capital punishment or life imprisonment and fine of Rs 1 lakh or more in case of causing death. For other offences, including advocating or abetting or attempt to commit or harbouring a member of a gang, the punishment will be at least five years, extendable up to life term. The punishment is same for being a member of organised crime syndicate.
The property obtained through organised crime will be attached and forfeited. The special courts will be set up for HCOCA and would have power to pardon a person who makes “a full and true disclosure” about the offence and people involved.
The HCOCA allows interception of wire, electronic or oral communication.
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