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What Is MCOCA, How It Works, and Its Key Provisions

By Lokmat English Desk | Updated: January 15, 2025 11:34 IST

Valmik Karad, a close associate of NCP leader and minister Dhananjay Munde, who is also accused in an extortion ...

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Valmik Karad, a close associate of NCP leader and minister Dhananjay Munde, who is also accused in an extortion case, is now being charged under the Maharashtra Control of Organised Crime Act (MCOCA). The police have taken this step because he is suspected of being involved in several crimes, including demanding ₹2 crore from a windmill company and the violent killing of Sarpanch Santosh Deshmukh.

These high-profile incidents, which have stirred significant attention in Maharashtra, have sparked conversations about MCOCA—what it is, how it functions, and what rules it includes. Here’s a simple explanation of this strict law.

What is MCOCA?

The Maharashtra Control of Organised Crime Act (MCOCA) was created in 1999 by the government of Maharashtra to stop organized crime groups. This law focuses on crimes like extortion, hired killings, drug smuggling, financial scams, and other organized illegal activities.

Key Provisions of MCOCA

Definition of Organized Crime:MCOCA applies to gangs or groups consisting of two or more individuals involved in organized criminal activities. A single gang member or multiple members can be charged if they commit such crimes.

Criminal History Requirement:To invoke MCOCA, the accused must have at least two chargesheets filed against them within the past ten years. Additionally, they must have been convicted in three or more cases during this period.

Extended Custody Period:After being charged under MCOCA, police are allowed up to six months to file a chargesheet. Accused individuals can be kept in police custody for up to 30 days, compared to a maximum of 15 days under regular laws.

Strict Bail Conditions:Getting bail under MCOCA is highly challenging. This ensures that offenders spend more time in custody, preventing further criminal activities.

Severe Punishments:Punishments under MCOCA include a minimum of five years’ imprisonment, with the possibility of life imprisonment. For rare and severe crimes, the death penalty can also be imposed. Additionally, fines of up to ₹5 lakh can be levied.

Special Courts:Cases under MCOCA are tried in designated special courts to expedite hearings and ensure strict compliance with the law.Why MCOCA MattersMCOCA is a powerful tool for law enforcement, aimed at curbing organized crime that disrupts law and order. Its strict rules make it hard for criminals to escape punishment. The law’s focus on breaking organized criminal networks makes it a critical element in Maharashtra's crime prevention framework.Current Case and ImplicationsIn the case of Valmik Karad, police suspect a connection between the extortion of ₹2 crore from the windmill company and the murder of Sarpanch Santosh Deshmukh. The application of MCOCA in this case underscores the seriousness of the allegations and the state’s commitment to addressing organized crime.

Tags: Maharashtra Control of Organised Crime ActMaharashtracourtCrimeCrime News
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