UP CM Yogi Adityanath tables bill to check organised crime
The UPCOCB provides for death sentence or life imprisonment with a penalty of up to Rs 25 lakh in cases where the criminal act has resulted in the death of a person. In other cases of organised crime, the act will be punishable with imprisonment for a term not less than seven years and may extend to life imprisonment with a fine of Rs 15 lakhlucknow Updated: Dec 20, 2017 19:07 IST
Chief minister Yogi Adityanath on Wednesday tabled the Uttar Pradesh Control of Organised Crime Bill 2017 (UPCOCB) in the state assembly to control organised crime in the state.
The government proposes to get the bill passed in the ongoing winter session of state legislature after a discussion on Thursday.
Major opposition parties have already made their intentions clear about opposing the bill in house.
In the statement of objects and reasons for introducing the bill, Adityanath said, “the existing legal framework i.e. the penal and procedural laws and the adjudicatory system have been found to be rather inadequate to curb the menace of organised crime. It has, therefore, been decided to enact a special law with stringent and deterrent provisions, including attachment of properties, remand process, controlled delivery procedure regarding crime control, special courts and special prosecutors for speedy trial and justice and modern investigation processes, to control the menace of organised crime.”
The UPCOCB provides for death sentence or life imprisonment with a penalty of up to Rs 25 lakh in cases where the criminal act has resulted in the death of a person. In other cases of organised crime, the act will be punishable with imprisonment for a term not less than seven years and may extend to life imprisonment with a fine of Rs 15 lakh. It also provides for life imprisonment or sentence up to seven years in cases of conspiracy, attempts to commit or advocate, abet or knowingly facilitate the commission of organised crime. It provides for enhanced punishment to those already convicted for offences. If anyone has been already punished with life imprisonment, he shall be punished for the second offence with death or imprisonment for life and fine.
The bill further provides for recording of statement of the accused in presence of his/her advocate or on video. It also provides for a list of members of organised crime syndicates to be maintained in police stations. The names of blacklisted contractors shall also be displayed on the websites of the respective departments. It provides for making false verification or issuing of false certificate as abetment of organised crime. Any contract thus awarded will be cancelled.
In his statement, Adityanath further observed the organised crime had emerged as a widespread and serious threat to the society. “It knows no boundaries and is fuelled by illegal wealth generated by terrorism and violence, contract killing, extortions, smuggling in contrabands, kidnapping for ransom, illegal land grabbing, illegal mining, illegal exploitation of forest produce and environmental resources and money laundering,” he said.
Earlier, a high-powered committee, comprising senior officers of the state home department and the police, drafted the bill after studying the Maharashtra Control of Organised Crime Act (MCOCA) and a draft bill from the central government. A senior officer said the difference between the MCOCA and UP’s proposed legislation was that the state’s law will take the three-year history of offenders into account against the six-year history provided in the MCOCA.