Keyword(s):
Abet, Competent Authority, Continuing Unlawful Activity, Organized Crime,Organized Crime Syndicate, Review Committee, Special Court
KARNATAKA ACT 1 OF 2002
(First published in the Karnataka Gazette Extra-ordinary on the second day of
January, 2002)
THE KARNATAKA CONTROL OF ORGANIZED CRIMES ACTS, 2000.
(Received the assent of the President on the twenty second day of 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: –
- 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. - 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 law for the time
being in force, which is a cognizable offence punishable with imprisonment of three
years or more, undertaken either singly or jointly, as a member of an organized crime
syndicate or on behalf of such syndicate in respect of which more than one charge-sheet
have been filed before a competent Court within the preceding period of ten years and
that Court has taken cognizance of such offence;
(e) “Organized crime” means any continuing unlawful activity by an individual,
singly or jointly, either as a member of an organized crime syndicate or on behalf of such
syndicate, by use of violence or threat of violence or intimidation or coercion, or other
unlawful means, with the objective of gaining pecuniary benefits, or gaining undue
economic or other advantage for himself or any other person or promoting insurgency;
(f) “Organized crime syndicate”, means a group of two or more persons who
acting either singly or collectively, as a syndicate or gang, indulge in activities of
organized crime;
(g) “Review Committee” means a Review Committee constituted under section
16;
(h) “Special court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in the Act and defined in the
Code shall have the meanings respectively assigned to them in the Code.
- Punishment for organized crime – (1) whoever commits an organized 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 organized crime or any act preparatory to organized
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 harbors or conceals or attempts to harbor or conceal, any member
of an organized crime syndicate 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.
(4) Any person who is a member of an organized crime syndicate 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.
(5) Whoever holds any property derived or obtained from commission of an
organized crime or which has been acquired through the organized crime syndicate
funds shall be punishable with imprisonment for a term which shall not be less than three
years but which may extend to imprisonment for life and shall also be liable to a fine,
which shall not be less than two lakh rupees. - Punishment for possessing unaccountable wealth on behalf of a member
of organized crime syndicate. – If any person on behalf of a member of an organized
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.
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