Gujarat act 024 of 2019 : The Gujarat Control of Terrorism and Organised Crime Act. 2015.

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

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Vol" LX I TUESDAY NOVEMBER 5, 2019/ KARTIKA 14, t94l Separate paging is given to this Part in order that it may be filed as a Separate Compilation.

PART TV

Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the President on the 15ft October,2019 is hereby published for general information.

K. M. LALA,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO. 24 OF 2019.

(First published, after haviug received the assent of the President, in the

"Gujarat Government Gazette", on the 5s November,2019).

AN ACT

to make special provisions for prevention and control of

rist acts and for coping with criminal activities by organised crime and for the matters connected therewith or incidental

It is hereby enacted in the Sixty-sixth year^of the R blic of India as follows:

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Gujarat Control of T Crime Act. 2015"

and Organised

(2) Itextends to whole of the State of Gujarat.

(3) It shall come into force on such date as the State notification in the Official Gazette, appoint. Short title, extent

and

commencement"

IV Ex"-25

25-r may, by

1

25-2 Delhnitions- 2. (1) In this t, unless the context otherwise requires,-

(a) "abet" with its grammatieal variations and cognate expressions, includes-

(i) the communication or association with person with the actual knowledge or having reason to believe that such person is engaged in assisting in any m er an organised crime syndicate;

and the passing on or publication of or distribution of, , doc ent or matter obtained from the orsanised crime IPART rV

syndicate; and

(iii) the rendering of any assistance, whether financial or an o nce under this Act;

(b) "Code" means the Code of Criminal Procedure,IgT3;²of 1974.

(c) "continuing unlawful activity" means an activity prohibited by law for the time being in force, which is a cogntzable offence punishable with imprisonment for a term of three years or more,'-- undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding periodof ten years and that court has

(d) "economic offences" include mnning of the ponzy schemes and the multi-level m eting schernes with a view to defraud the people at large for obtaining the monetary benefits or large seale organized betting in form;

(e) "organised crime" means continuing unlawful activity and terrorist act including extortion, land grabbing, contract killing, economic offences, cyber crimes having severe consequences, prostitution or ransom by an individual, singly or jointly, either as syndicate, by^use of violence or at of violence or intimidation or coercion or other means;

(0 "orgarrised crime syndicate" me a group of two or more persons who, acting either singly or collectively, as a syndicate or^gang indulging in activities of organised crime;

(g) "Special Co " means the Special Court constituted under section 5;

of the people by doing an act using bombs, dynamite or other

2

PART rvl

G T GOVERNMENT GAZETTE, EX., O5-II-201| or other chemicals or

in n e in such a manner so as to .""r. ";:ll:ifi:.,,ff#oJff or services essential to the life of the corimunrty or an act of

CHAPTER II

, PUNISHMENT

3. (1)

shall,- z)^5

Punishment for terrorist act and organised crime.

.^rn rupees ten lakhs ; (ii) in any other case, be punishable wi Jv

lso

ss than rupees five lakhs. (3) Whoever intetiona conceal any person who attempts to harbour or member of an organ anl tenorjsl 1c] or anr imprisonm for a term be punishable witir but which

which shal

(4) Any person who is syndicate shall be be less than five d shall also be liable to ed from commission of 1.*" whieh shall not be d ch may extend to ch shall not be less

3

25-4 Punishment for prossessing unaccountable ,property on behalfof

member of

organised crime s;yndicate. GUJARAT GOVERNMENT GAZETTE, EX., O5-I I-2019 IPART TV

4. 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 acco for, shall be punishable with imprisonment for a te ich 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.

CHAPTER III

SPECIAL COURTS

speciat 5. (1) The State Govgrnment may, with thd conclurence of the Chief courts' Justice of the High Court of Gujarat, by notification in the Offic;ial Gazette, constifute 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 alqo appoint, with the concturence 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 Special Court unless he immediately before^such appointrnent, iJ a sessions judge or ariadditional sessions judge, respectively.

(6) Where any addition judgp is or additional judges are appointed in Special Court, the judge of the Special Court m from time to time, by judges and also for the disposal of wgent business in the event of^his absence or the absence ofany additionaljudge"

w,hose local jurisdiction it was co itted or, as the case may be, by the section^5.

may alsq try other offence with which^the accused may under the Cocie, be

(2) Il in the course of any trial^of any offence under thig Act, it is foundthat the accused person has committed any other offence under this Act or under any other taw, the Speciat Court may convict such person of such other ofi"rr". and pass any sent e or award punishment authorised by this Act or, as the case may be, under such other law.

Powers of

Sprecial Court

rvith resPect

to other

offences"

4

PART IV]

point, for every Special Co , a pubtic Ap Prosecutor"

SO

(2) A person shall not be qualified to be !:l Every person appointed^as a Public Prosecutor or Additional public Prosecutor or Speoial Public Prosecutor un er this section shall be deerned to 9" (1) Subject to the.provisions of section 22, a Special Co may take procedure sections 263 to 265 of the code shall, as 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 in a summary way, the Special Court shall Secall any witnesses who may have been ex ined and proceed. to re-hear the case in th! manner as provided by the provisions of the Code for the trial of such offence and the said provisio;ns shall apply to and in relation to, a special court as they apply to and in relation to, a Magistrate:

imprisonment for a term not exceeding two years.

(3) Subject to the other provisions of this Act, a Special Court shall; for the purpose of trial-of any offence, have all the powers of a court of session and shall try such offence as.if it were a court of session so far as may be. in accordance with the procedure prescribed in the Code for the trial befoi" a Court of Session-

11- Where, after taking cognizance of an offence, a Special Co is of the power to is transfened shall proceed with the trial of the offence as if it.has taken cognizance of the o ce.

H84-2

5

2s_6 Transitional provisions and transfer ofpending proceedings. Appeal"

Admissibility o:[ evidence collected through

interception. GUJ T GOVERNMENT GAZETTE, EX., O5-1I-2019

12. (l) The jurisdiction eonferred by this Act on a Special Court, shall, until a Sp'ecial 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 ftom the date when the Special Court is constituted under required to be held before the Special Court, shall stand .transferred to -that court.

13.⁽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 theHigh Co

(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 pqriod of limitation, the provisions of sections 4^and 12 of the timitationAct, 1963 shall, so far as may be, apply.

CHAPTER IV

INTERCEPTION OF' COMMUNICATION^AND ATTACHMENT^OF

PROPERTY

14. 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 admissibte as evidence against the accused in'the Court during^the trial ofacase:

Provided that the contents of any wire, electronic or^oral communication intercepted or evidence derived therefrom shall not^be received in evidence or otherwise disciosed in any trial, hearing or other proceeding.in any Court unless each accused has been fumished, not less than ten days before the trial, hearing or proceeding, with a copy of the order of^the relevantAuthority, under which the interception was authorised or approved:

IPART IV

36 of 1963. 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 aforesaid information^ten days before the trial, in receiving such info ation"

competent authority under any law ielating to preventive detention subject to the order, if any, of any competent court: or

(b) on any previous occasion prosecuted er the provisions ofthis Act.""

6

(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 it uny time been in ces have een acquired or derived by his

iilegal activities"

person, the Special Co shall pr

rorr872" 16. (1) Notwithstanding anything in the Code or in the Indian Evidence

Act, 1872, but subject to the provisions of this section, a confession made b 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 Gove ent, before a police officer not below the rank of the

be reproduced, shall be admissible in the

trial of such accused, co-accused, abettor or conspirator for ari 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 from threat and inducement and shall be in the same language in which the person makes it.

(3) The Police officer shall, before recording any confession by the person .under sub-section (1), explain to such person that he is not bound to make a confession and that, if he does so, it may be used as evidence against him:

Provided that such police officer shall not record any such confession unless, upon questioning the person making it, he is satisfied that the confession is being made voluntarily-

(4) The concernetl police offtcer shall, after recording such voluntary satisfaction ofthe volunt char

and time of the same.

(5) Every confession recorded under sub-section (l) shall be sent in - original forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such eonfession has been so received to the Special Co which may take cognizance of the offencb.

(6) The person from whom a confession has been recorded under sub- section (1) shall be produced, within foffy-eight hours, before the chief Metropolitan Magishate or the chief Judicial Magistrate to whom the confession is required to be sent under sub-section (5), alongwith the statement of'confession, written or recorded on mechanical or ilectronic tempered with in anyway"

Certain

confessions

made to

police officer

to be taken

into

consid eration.

7

25-8 Protection of witnesses"

l\ttachment and forfeiture o,f property. GUJARAT GOVERNMENT GAZETTE, EX., O5-11-2019

(7) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall, record the state nt, if any, made by the accused so produced and get his signature or thumb impression and if there is any complaint of torture, the accused shall be directed to be produced for medical examination before Civil S eon.

17"⁽¹⁾ Notwithst ing anything contained in the Code, the proceedings under this Act may be held in camer4 if the Special Court so desires"

(2) A Special Court, on an application made by a witness in any proeeeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that life of such witriress 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^ich 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 judgements or in any records of the

. case accessible to public;

(c) the issuing of^any directions for secuting that the identity^and addresses of the witnesses are not disclosed;

(d) a decision that it is in the public interest to order that. all or any of the proceedings pending before sueh a court shall not^b'e published in anY manner.

(4) Any person who conhavenes any decision or direction issued under sub-section (3) shall be punishable with imprisoirment for a term which may extend to one year and with fine which may extend to one thousand rupees. L8.^{(1) No} person ,rrat nota or be in possession of any proceeds of^any terrorist act or organised crime"

@^If an offrcer, investigating an offence iommitted under this Act, has reason to believe that any property in relbtion to which an investigation^is being conducted, represents proceeds of any tenorist act or organised crime, order seizing such prope movable or immovable or both, and where it is not such property shall not be transferred or otherwise dealt with except with^the prior p - ission of the offtcer making such order or, as the case may be,^the Speciat Co and a copy of such order shall be served on the person concerned"

(3) The investigating offrcer shall duly inform the Special Court, within fo -eight hor.us of the seizure or atiachment of such property.

(4) It shall be o en to the Speeial Court either to confirm or revoke'the order of seizure or attachment made der sub-section (2):

[PART IV

8

PA. rvl 25-9

Provided that the Special Court shall not pass an order unless an opportunity

(5) (a) If, upon a report in writing made by an investigating officer, the 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, the Special court may, notwithstanding hing 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:

Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person.

(b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of properly, movable or immovable or both belonging to such accused and thereupon the provisions ofsections 83 to 85 of the Code shall apply to such attachment.

(c) Ifthe accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such properly free from all encumbrances.

(d) If within a period of six months from the date of forfeiture of property under clause (o), the accused whose property has been forfeited, appe voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not reeeived such notice of proclamation, the Special Court may pass an order for revoking the order-of forfeiture of such propeffy.

(6) Where the accused 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 properly, 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.

Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds haceable to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found.

19. Where, after issue of order of seizure or ent made under section 18, any Certah property referred to in such order is transfened by any mode whatsoever, such transfer tansfers to be shall, for the purpose of proceedings under this Ac! be ignored and if such proper(y is null and void"

subsequently forfeited, the transfer of such property shall be deemed to be null and void.

9

iz5- 10

GUJARAT GOVERNMENT GAZETTE, EX.,05-11-2019 IPART IV

CIIAPTER V

MISCELLANEOIJS

Modirted 29. (1) Notwithstanding anything contained in the Code or in any other application i ,:;;;;; law, every offence punishable under this Act shall be deemed to be a provisions'cognizableoffence'withinthemeaningofclause(c)ofsection2oftheCode ofcode. and lcognizable case' ds defined in that clause and shall be construed accordingly.

(2)Section|67oftheCodeshallapplyinrelationtoacaseinvolvingarr

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 !e 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 days on the report ofthe Public Prosecutor indicating^the progress of the investigation and the specific reasons for detention of the accused beyond the said period of ninety. days.".

(3) Nothing in section 438 of the Code shall apply in relation to any^case invglving the arrest of^any person accused of having committed an offence punishable under this Act.

(4) Notwithstanding anything.contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond. unless -

(a) the Public Prosecutor has been 'given an opportunity to oppos€ the application ofsuch release; and

(b) where the Public Prosecutor opposes the application,. the Special Court is satisfied that there are reasonable grounds for believing that accused is not guilty of commilting such offence and that^he is not likeiy to commit any offence while on bail'

(5) Notwithstanding anything contained in the Code, the accused shall not

. be granted bail if it is noticed by the Special Court that he was on bail in^an offence under this Act, or under any other Act on the date of the offence in question.

(6) The restriction on gr ing of bail specified in sub-sections (4) and (5) are in addition to the restriction under the Code or any other law for the time being in force on the granting of bail"

(7) The police officer seeking the custody of any person for pre-indictment or pre-tial intenogation from the judicial custody shall file a written statement exjltaining the reasons for seeking such custody and also for the delay if^any, in seeking the polibe cuStodY.

Presumption as to 2L: (1) In a prosecution for an offence of terrorist act or organised crime :I:1"'j''.:"u-" punisha6ie rurdei section 3, if it is proved

10

PART TV]

GUJARAT GOVERNMENT GAZETTE. EX.. O5-i 1-2019

(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 ofan expert, the finger prints ofthe 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 presrlme, unless the contrary is proved, that the accused had

. committed sueh offence.

(2) In a prosecution for an offence punishable under sub-section (2) ofsection 3, ifit is proved that the accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably suspected of, an offence ofterrorist act or organised crime, the Speeial Court shall presume, unless the contrary is proved, that such person has commiffed the offence under the said sub-section (2).

22. ( 1) Nofwithstanding 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 offrcer below the rank of the Dep 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.

23. Whoever, being a public servan! renders any help or support in any manner in the comrnission of tenorist act or organised crime as defined in clause (e) and clause (h) of section 2, whether before or after the commission of any offlence 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 respec! shall be punished with imprisonment of either description for a term ich may extend to three years and with fine.

24. The provisions of this Act and the rules or any order made thereunder shall have effect notwithstanding ing inconsistent effect therewith contained in any other law for the time

25. No suit, prosecution or other legal proceeding shall lie against the State Government or any offrcer or authoriry of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act and the nrles or any order made thereunder. 25-11

Cognizance

of^and

investigation

into, an

offence.

Punishment

for public

servants

failing in

discharge of

their duties.

Overriding

efflect.

Protection

of action

in

good faith.

11

25-12

IPART IV

the provisions of this Act,

12