GUJARAT CONTROL OF TERRORISM AND ORGANISED CRIME ACT, 2015
[Act No. 24 of 2019]
[05th November, 2019]
An Act to make special provisions for prevention and control of terrorist acts and for coping with criminal activities by organised crime syndicates and for the matters connected therewith or incidental thereto.
It is hereby enacted in the Sixty-sixth year of the Republic of India as follows:
(1) This Act may be called the Gujarat Control of Terrorism and Organised Crime Act, 2015.
(2) It extends to whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(1) In this Act, unless the context otherwise requires,--
(a) "abet" with its grammatical variations and cognate expressions, 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 manner 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, to the organised crime syndicate for committing an offence under this Act;
(b) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(c) "continuing unlawful activity" means an acti
(1) Whoever commits an offence of terrorist act or 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 fine which shall not be less than rupees ten lakhs;
(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 rupees five lakhs.
(2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of any terrorist act or an organised crime or any act preparatory to any terrorist act or organised crime, 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 fine which shall not be less than rupees
Section 3 of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (GCTOC Act) defines the core offence of organized crime, focusing on continuing unlawful activities linked to criminal syndicates. It aims to facilitate the identification and prosecution of individuals involved in systematic illegal activities, ensuring that repeat offenders are effectively dealt with under the law.
Section 3 establishes that an offence of organized crime involves ongoing unlawful activity, which must be linked to a criminal syndicate. To qualify, there must be evidence of multiple charge-sheets filed within ten years for activities that are cognizable offences punishable with imprisonment of three years or more. The section emphasizes that the activity must be continuing and linked to a syndicate, with the court’s cognizance and prior filings being crucial.
Section 3 pertains specifically to activities linked with organized crime involving syndicates that have committed multiple offences over a decade. It is aimed at targeting repeat offenders engaged in systemic illegal activities, thereby enabling preventive and punitive measures against organized crime groups. The section does not cover isolated offences but focuses on ongoing, systematic criminal conduct with a history of filings.
While Section 3 itself primarily defines the offence, the subsequent provisions of the GCTOC Act specify penalties, including rigorous imprisonment which can extend to life imprisonment or death in certain cases, depending on the nature of the offence and its severity. The act also prescribes confiscation of property and other measures to dismantle organized crime networks.
Note: The references are based on the provided sources, primarily from the detailed analysis of Section 3 and related legal interpretations.
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, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than rupees one lakh and such property shall also be liable for attachment and forfeiture, as provided by section 18.
(1) The State Government may, with the concurrence of the Chief Justice of the High Court of Gujarat, 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 in the matter shall be final.
(3) A Special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court of Gujarat.
(4) The State Government may also appoint, with the concurrence of the Chief Justice of the High Court of Gujarat, additional judges to exercise jurisdiction of the Special Court.
(5) A person shall not be qualified for appointment as a judge or an additional judge of a
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.
(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 pass any sentence or award punishment authorised by this Act or, as the case may be, under such other law.
(1) The State Government shall appoint, for every Special Court, a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor and may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor, Additional Public Prosecutor or Special Public Prosecutor unless he has been in practice as an Advocate for a period of 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.
(1) Subject to the provisions of section 22, 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 prescribed 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 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 witn
The trial of any offence by a Special Court under this Act shall have precedence 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 of the trial of such other case and accordingly the trial of such other cases in any other court shall remain in abeyance.
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 the Court having jurisdiction under the Code and the Court to which the case is transferred shall proceed with the trial of the offence as if it has taken cognizance of the offence.
(1) The jurisdiction conferred by this Act on a Special Court, shall, until a Special Court is constituted under section 5, in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure as provided under this Act.
(2) On and from the date when the Special Court is constituted under section 5, every trial under the provisions of this Act, which would have been required to be held before the Special Court, shall stand transferred to that court.
(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court.
(2) Every appeal under sub-section (1) shall be preferred within thirty days from the date of the judgment, sentence or order by the accused.
(3) In computing the period of limitation, the provisions of sections 4 and 12 of the Limitation Act, 1963 (36 of 1963) shall, so far as may be, apply.
Notwithstanding anything contained in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be 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 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 accused has been furnished, not less than ten days before the trial, hearing or proceeding, with a copy of the order of the relevant Authority, under which the interception was authorised or approved:
Provided further that the period of ten days may be waived by the judge trying the offence, if he comes to the conclusion that it was not possible to furnish the accused with the a
(1) Notwithstanding anything contained in the Code or the Indian Evidence Act, 1872 (1 of 1872), for the 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) detained and where such detention has been confirmed by the competent authority under any law relating to preventive detention subject to the order, if any, of any competent court: or
(b) on any previous occasion prosecuted under the provisions of this Act".
(2) Where it is proved that any person involved in any terrorist act or an organised crime or any person on his behalf is or has 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 deriv
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 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, or for the areas where the Commissioner of Police is appointed by the State Government, 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 or electronic devices like cassettes, tapes or sound tracks from which sounds or images can be reproduced, shall be admissible in the trial of such accused, co-accused, abettor or conspirator for an offence under the provisions of this Act:
Provided that the co-accused, abettor or conspirator is charge-sheeted and tried in the same case together with the accused.
(2) The confession made under sub-section (1) shall be recorded in the atmosphere free fro
(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, 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, is satisfied that life of such witness is in danger, it may take such measures as it deems fit for keeping secret the identity and address of any witness.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures 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 judgments or in any records of the case accessible to public;
(1) No person shall hold or be in possession of any proceeds of any terrorist act or organised crime.
(2) If an officer, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of any terrorist act or organised crime, he shall, with the prior approval in writing of the State Government make an order seizing such property, movable or immovable or both, and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order or, as the case may be, the Special Court and a copy of such order shall be served on the person concerned.
(3) The investigating officer shall duly inform the Special Court, within forty-eight hours of the seizure or attachment of such prope
Where, after issue of order of seizure or attachment made under section 18, any property referred to in such order is transferred by any mode whatsoever, such transfer shall, for the purpose of proceedings under this Act, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.
(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 and 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) the reference to "fifteen days" and "sixty days", wherever they occur, shall be construed as references to "thirty days" and "ninety days", respectively;
(b) after the existing proviso, the following proviso shall 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 upto one hundred and eighty d
(1) In a prosecution for an offence of terrorist act or organised crime punishable under section 3, if it is proved-
(a) that unlawful arms and other material including relevant documents or papers were recovered from the possession of the accused and there is a reason to believe that such unlawful arms and other material including such documents or papers were used in the commission of such offence; or
(b) that by the evidence 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 materials like relevant documents or papers and vehicles used in connection with the commission of such offence, the Special Court shall presume, unless the contrary is proved, that the accused had committed such offence.
(2) In a prosecution for an offence punishable under sub-section (2) of section 3, if it is proved that the accused rendered an
(1) Notwithstanding anything contained in the Code,-
(a) no information about the commission of an offence of organised crime under this Act, shall be recorded by a police officer without the prior approval of the police officer not below the rank of officer in charge of range of the concerned Districts or the Commissioner of Police, as the case may be;
(b) no investigation of an offence under the provisions of this Act shall be carried out by a police officer below the rank of the Deputy Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Government, by a police officer below the rank of the Deputy Superintendent of Police.
(2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the State Government.
Whoever, being a public servant, renders any help or support in any manner in the commission of terrorist act or organised crime as defined in clause (e) and clause (h) of section 2, whether before or after the commission of any offence by a member of an organised crime syndicate or abstains from taking lawful measures under this Act or intentionally avoids to carry out the directions of any Court or of the superior police officers in this respect, shall be punished with imprisonment of either description for a term which may extend to three years and with fine.
The provisions of this Act and the rules or any order made thereunder shall have effect notwithstanding anything inconsistent effect therewith contained in any other law for the time being in force or in any instrument having the force of law.
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act and the rules or any order made thereunder.
The High Court may, by notification in the Official Gazette, make such rules relating to the Special Courts, as it may deem necessary for carrying out the provisions of this Act,
(1) Without prejudice to the powers of the High Court to make rules under section 26, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the State Legislature shall be published immediately in the Official Gazette and shall thereupon take effect.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
