MCOCA and Sanhita Section 111 Side by Side
Chapter Seventy-Six
Syllabus topic 2, "The Maharashtra Control of OrganisedCrime Act,1999."
Pages 356 to 359 of 802
In one line
Section 111 of the Bharatiya Nyaya Sanhita reproduces the substance of the Maharashtra Act's offences for the whole of India, and leaves its procedure behind.
In the wording a student can write in an exam: the Maharashtra Control of Organised Crime Act, 1999 remains in force in Maharashtra and in Delhi, and section 111 of the Bharatiya Nyaya Sanhita, 2023 creates a general offence of organised crime throughout India; both apply, and the State Act carries a special procedure which the Sanhita does not.
What section 111 took
The definition, almost word for word. Explanation (ii) to section 111(1) defines continuing unlawful activity in the same terms as section 2(1)(d) of the State Act: a cognizable offence punishable with three years or more, more than one charge-sheet within the preceding ten years, cognizance taken.
The syndicate, at two members. Explanation (i) to section 111(1) matches section 2(1)(f).
The structure of the offences. Committing; conspiring, attempting, abetting or facilitating; membership; harbouring; and holding the proceeds. Section 111(2) to (6) tracks section 3(1) to (5).
The unaccounted property offence. Section 111(7) reproduces section 4 of the State Act, with the same three to ten year range and the same one lakh rupee minimum fine.
What section 111 changed
It named the offences. Section 111(1) lists kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, and human trafficking for prostitution or ransom. The State Act names nothing.
It defined economic offence. Explanation (iii) covers criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud, schemes to defraud several persons, and acts to defraud a bank, financial institution or other organisation. The State Act has no such definition.
It added a spouse exception. The proviso to section 111(5) exempts the offender's spouse from the harbouring offence. Section 3(3) of the State Act has no exception at all.
It dropped "promoting insurgency". The State Act's definition includes that objective, which was the ground of the challenge in Zameer Ahmed. Section 111(1) speaks only of direct or indirect material benefit including a financial benefit.
It added petty organised crime. Section 112 has no counterpart in the State Act.
What section 111 did NOT take
This is the heart of the comparison, and it is where marks are. Section 111 is one section in a penal code. It creates offences and stops.
| The State Act has | The Sanhita has |
|---|---|
| A Special Court with exclusive jurisdiction, sections 5 to 12 | Nothing; the ordinary courts try section 111 |
| Interception of communications, sections 13 to 16 | Nothing |
| Confessions to a police officer admissible, section 18 | Nothing; sections 23(1) and 23(2) of the Bharatiya Sakshya Adhiniyam apply in full |
| Special rules of evidence and presumptions, sections 17 and 22 | Nothing |
| Protection of witnesses, section 19 | Nothing |
| Forfeiture and attachment, section 20 | Nothing beyond the ordinary law |
| Doubled custody, no anticipatory bail, restricted bail, section 21 | Nothing; the Bharatiya Nagarik Suraksha Sanhita applies in full |
| Approval and sanction gates, section 23 | Nothing |
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