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Current Affairs

Karnataka’s organised crime law

Date: 27 July 2021 Tags: Judiciary & Judgments

Issue

The charges have been framed based on the Karnataka Control of Organised Crime Act (KCOCA), 2000, against accused in Gauri Lankesh murder case.

 

Background

The Karnataka Control of Organised Crime Act (KCOCA), 2000, was framed on the lines of the stringent Maharashtra Control of Organised Crime Act, 1999.

 

Details

  • The charges under the KCOCA were supposed to be dropped based on the order of the Karnataka High Court.

  • The charges were framed on Mohan Nayak for being involved in many such incidents of crimes and participation in crime syndicates.

  • The state government had not challenged the order of the High Court but it was done by Kavitha Lankesh, the sister of the slain journalist.

  • Any individual arrested for organsised crime even as abettors to people who are part of organized syndicate for more than 10 years are also charged under the same law.

 

The law

  • Accused under the law can be held in police custody for 30 days and in judicial custody for up to 180 days against the normal duration of 14 and 90 days respectively.

  • Confession before a police officer can be considered as an evidence and bail can be rejected if prima facie evidence suggests involvement. Phone interceptions are given legal due.

 

Implications

There are assumptions that many more accused will move the High Court for dropping KCOCA charges against them.