While the present act is sought of a MCOCA (Maharashtra Control of Organized Crime Act, 1999) redux, the reason why MCOCA survived the test of time is because of certain safeguards embedded in it along with the miniscule number of people charge sheeted under the same as yet. The Patriot Act of the U.S (2001) containing similar provisions also underwent severe criticism because of human rights abuses resulting in its subsequent dilution. But later both the enactments had to be scrapped due to mounting Human Rights violations. The erstwhile government’s have justified similar draconian provisions in case of TADA (Terrorist and Disruptive Activities (Prevention) Act, 1987) in the backdrop of Punjab Insurgency and POTA (Prevention of Terrorism Act, 2002) after the fallouts of 9/11. But whether that’s the case for the present state government who in effect has given the police ‘ an invitation to torture’ is under critical examination here. The British may have had reasons to enact stringent criminal laws after the huge uprising of 1857. Targeted at terrorists and Organized crime syndicates, the State Home Minister justified the legislation considering that Gujarat shares its boundary with Pakistan. Providing immunity to investigation agencies for acts done in good faith is the final nail on the coffin of the rights of an accused whose fight for justice would ultimately be rendered futile. The provision regarding offences being non-bailable violates the Supreme Court’s directive that ‘Bail should be given as a matter of right’. provides that the period of investigation shouldn’t exceed 90 days, and by increasing this duration, the government seems to have already tilted the scales to the accused’s detriment. 26 of the Evidence act render confessions before the police as inadmissible evidence. that expressly provides for confession to be only recorded by magistrates in order to curb police atrocities during custody. 14 of the enactment is criticized for violating the Right to Privacy guaranteed under Article 21, while Sec.
#Andha kanoon images code
These provisions have been incessantly criticized for violating the provisions of the Criminal Procedure Code and the Evidence Act along with infringing fundamental rights and principles of fair trial and justice. 25 provides immunity to the state government for any act done in good faith. 20 (4) makes offences under the code non-bailable for persons in custody. 20 (2) (b) increases the duration for filing the charge sheet (on completion of investigation) from 90 days to 180 days. 16 makes confessions before police (With Superintendent of Police being the minimum qualifying rank) admissible. 14 that permits interception of personal communication (electronic, oral or through wire) of an accused. The various controversial provisions of which are: On 31 st March 2015, the legislative assembly of Gujarat passed the controversial Gujarat Control of Terrorism and Organized Crime (GCTOC) bill (passed for the fourth time in 12 years) retaining controversial provisions that have already been rejected by the president twice.