KARNATAKA CONTROL OF ORGANIZED CRIMES ACT, 2000

Act No. 1 of 2002

22nd 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 organized 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: -

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S.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.

S.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 la
  

S.3 Punishment for organised crime

(1) Whoever commits an organised 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 organised crime or any act preparatory to 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 a fine, which shall not be less than five lakh rupees.

(3) Whoever harbours or conceals or attempts to harbour or conceal, any member of an organised c

S.4 Punishment for possessing unaccountable wealth on behalf of a 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 imprisonment for a term of ten years and shall 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.

S.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 sessions judge or an additional sessions judge.

(5) Where any additional judge is or additional judges are appoi

S.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.

S.7 Power of Special Courts with respect to other offences

1 [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 authorised by the Act, or as the case may be, such other law, for the punishment thereof.

1. Corrigendum No. DPAL 53 Shasana 2000 dated 26.6.2002

S.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.

S.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 provid

S.10 Trial by Special courts to have precedence

The trial of any offence under this Act by special court 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 to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.

S.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.

S.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.

S.13 Appointment of Competent Authority

The State Government may appoint any of its officer, in Home Department, not below the rank of a Secretary to Government, to be the Competent Authority for the purposes of section 14.

S.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 organised 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 organised crime that has been, is being or is about to be committed;
  • (ii) a particular description of the nature and loca
    

S.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 provided 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 wi

S.16 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 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 1[section 14] or by the officer referred to in subsection (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, authorising or approving the application under sub-section (4) of section 14 or for interception or disapproving the interception made under sub-secti

S.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, 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 endavours 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 endeavours 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, ele
  

S.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 detentions
• (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 an

S.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 confession 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

S.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 p
  

S.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:
  

S.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
  

  S.23 Presumption as to offences under section 3

  (1) In a prosecution for an offence of orgainised 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 accused had committed such offence.

  (2) In a prosecution for an offence of organised crime punishable under sub-section (2) of section 3, if it is proved that the accused provided any financial assistance to a person accused of, or reasonably suspected
  

  S.24 Cognizance of and investigation into an offence

  (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 the Deputy Inspector General of Police;
  • (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.

  (2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the police officer not below the rank of an Additional Director General of Police.

  
  

  S.25 Punishment for public servants failing in the discharge of their duties

  Whoever being a public servant renders any help or support in any manner in the commission of organised crime as defined in clause (c) 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 also with fine.

  
  

  S.26 Overriding effects

  The provisions of the Act or any rule made thereunder or any order made under any such rule shall, have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force having the force of law.

  
  

  S.27 Protection of action taken in good faith

  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 or any rule made thereunder or any order issued under any such rule.

  
  

  S.28 Annual Report of Interceptions

  (1) The State Government shall cause an annual report to be prepared giving a full account of.-

  • (i) the number of applications for authorisation of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched.
  • (ii) the number of such applications permitted or rejected;
  • (iii) the number of interceptions carried out in emergency situations and the number of ex-post-facto authorizations or approvals granted or rejected in such matters;
  • (iv) the number of prosecutions launched based on such interceptions and convictions resulting from such interceptions along with an explanatory memorandum giving general assessment of the utility and importance of the interceptions authorised.

  (2) Such annual report shall be laid by the State Government before each House of the State Legislature within three months of the completion of every calendar year:

  Provided that if the State Gov
  

  S.29 Power of High Court to make rules

  The High Court may by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the provisions of this Act relating to the Special Courts.

  
  

  S.30 Powers of State Government to make rules

  (1) Without prejudice to the powers of the High court to make rules under section 29, the State government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

  (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall form the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of any