india

Updated: Nov 18, 2019 17:56 IST

The Rajasthan government is examining the draft of a law against organised crimes and terrorism, officials familiar with the matter said.

The Rajasthan bill is on the lines of the stringent Maharashtra Control of Organised Crime Act (MCOCA) and the recently approved Gujarat Control of Organised Crime Act (GUJCOCA).

“The draft of the bill is under examination at multiple levels,” Rajasthan director general of police (DGP) Bhupendra Singh said.

The Rajasthan Control of Terrorism and Organised Crime (RCTOC) Bill stipulates that evidence collected through the interception of wire, electronic or oral communication under the provision of any other law shall be admissible as evidence against the accused in the court during trial.

According to the draft, notwithstanding anything in the Code of Criminal Procedure or in the Evidence Act, a confession made by a person before a police officer not below the rank of the superintendent of police or commissioner of police in the form of writing or on any mechanical or electronic devices like cassettes, tapes or sound tracks shall be admissible in the trial of such accused, abettor or conspirator for an offence.

The bill is aimed to make special provisions for prevention and control of terrorist acts and for coping with criminal activities by organised crime syndicates.

“The illegal wealth gives rise to black money which harms our economy like anything. And this black money made through organised crime by the syndicates is used for fuelling terrorist activities to foster terrorism. And in the past there have been instances where criminals in the state have been found connected with terrorist activities and organised crime directly and indirectly. So this act is the need of the hour,” a senior police officer said on condition of anonymity.

According to the draft, the existing legal framework that is penal, procedural laws and the adjudicatory system have been found to be rather inadequate to curb or control the menace of organised crimes. “It is, therefore, considered necessary to enact a special law with stringent and deterrent provisions including in certain circumstances power to intercept wire, electronic or oral communication to control the menace of organised crimes,” the officer said.

The four major crimes covered under the draft include economic offences; terrorist act which has been defined as an act committed with the intention to disturb law and order or public order or threaten the unity; organised crime and continuing unlawful activity.

The draft also states that no person accused of an offence punishable under this act shall, if in custody, be released on bail.