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Control of Organized Crimes Acts, 2000 Section 3

Title: Punishment for Organized Crime

State: Karnataka

Year: 2000

(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. .....

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Control of Organized Crimes Acts, 2000 Preamble 1

Title: Karnataka Control of Organized Crimes Act, 2000

State: Karnataka

Year: 2000

THE KARNATAKA CONTROL OF ORGANIZED CRIMES ACTS, 20001 [Act, No. 1 of 2002] [2nd December, 2001] PREAMBLE 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: - ______________________ 1. First published in the Karnataka Gazette Extra-ordinary on the second day of January, 2002.

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Control of Organized Crimes Acts, 2000 Complete Act

Title: Control of Organized Crimes Acts, 2000

State: Karnataka

Year: 2000

.....16 - Constitution of Review Committee for review of authorization orders Section 17 - Interception and disclosure of wire, electronic or oral communications prohibited Section 18 - Special rules of evidence Section 19 - Certain confessions made to police officer to be taken into consideration Section 20 - Protection of witness Section 21 - Forfeiture and attachment of property Section 22 - Modified application of certain provisions of the Code Section 23 - Presumption as to offences under section 3 Section 24 - Cognizance of and investigation into an offence Section 25 - Punishment for public servants failing in the discharge of their duties Section 26 - Overriding effects Section 27 - Protection of action taken in good faith Section 28 - Annual Report of Interceptions Section 29 - Power of High Court to make rules Section 30 - Powers of State Government to make rules

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Control of Organized Crimes Acts, 2000 Section 4

Title: Punishment for Possessing Unaccountable Wealth on Behalf of a Member of Organized Crime Syndicate

State: Karnataka

Year: 2000

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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Control of Organized Crimes Acts, 2000 Section 2

Title: Definitions

State: Karnataka

Year: 2000

.....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.....

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Control of Organized Crimes Acts, 2000 Section 14

Title: Authorization of Interception of Wire, Electronic or Oral Communication

State: Karnataka

Year: 2000

.....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 organized crime that has been, is being or is about to be committed; (ii) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (iii) A particular description of the type of communications sought to be intercepted; and (iv) The identity of the person, if known, committing the offence of organized crime and whose communications is to be intercepted; (c) A statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception; (d) A statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorization.....

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Control of Organized Crimes Acts, 2000 Section 23

Title: Presumption as to Offences Under Section 3

State: Karnataka

Year: 2000

(1) In a prosecution for an offence of organized 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 organized 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 of, an offence of organized crime, the Special Court shall presume, unless the contrary is proved, that such person has committed the offence under the said sub-section (2).

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Control of Organized Crimes Acts, 2000 Section 25

Title: Punishment for Public Servants Failing in the Discharge of their Duties

State: Karnataka

Year: 2000

Whoever being a public servant renders any help or support in any manner in the commission of organized crime as defined in clause (c) of section 2, whether before or after the commission of any offence by a member of an organized 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.

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Control of Organized Crimes Acts, 2000 Section 1

Title: Short Title, Extent and Commencement

State: Karnataka

Year: 2000

(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.

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Control of Organized Crimes Acts, 2000 Section 15

Title: Special Provisions Regarding Cellular Phones

State: Karnataka

Year: 2000

(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 with a fine, which may extend to rupees five lakhs.

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