Comparison of GCTOC, MCOCA and UAPA

These three acts mainly which aim to curb terrorism, Unlawful activities and organized crimes.

Gujarat Control of Terrorism and Organised Crime (GCTOC):

This Act is committed to curb terrorist activities which may include intention of terrorist to disturb law and order, threatening the integrity, unity and security of the State. Also to check intention of terrorist to strike terror in minds of people by using any lethal weapon, using bombs to noxious gases which likely cause death or injury to any public functionary or any individual.

In addition this Act also covers economic offences, cyber crime, human trafficking, extortion, contract killing, land-grabbing and several other severe offences.

This law was passed by Gujarat legislative assembly in April 2015 and waiting for President’s assent.

Maharashtra Control of Organised Crime Act (MCOCA):

This Act was passed by Maharashtra Government in 1999. It aims to counter terror-related offences. This Act defines “organised crime” as continuing unlawful activity by an individual or jointly or either by a member of organized crime syndicate, by use of violence or other unlawful means for aim of gaining pecuniary benefits or undue economic or other advantage.

Unlawful Activities (Prevention) Act (UAPA)

This Act was passed in 1967 which gives power to deal with activities directed against the integrity and sovereignty of India. This Act works on the similar ground as that of GCTOC regarding countering offenses.

Interception of communication:

GCTOC: Evidence collected through interception is admissible in court whether of wire, electronic or oral communication. Permission for Interception 10 days before trial.

MCOCA: Interception provision same but permission process more stringent.

UAPA: Interception provision & process same as GCTOC.

Presumption of guilt for all three Acts:

If arm or explosives recovered from accused or even his fingerprints found at the site of incident court is suppose to draw adverse inference, unless proven otherwise. Confessions made in Police custody is admissible in court.

It is mandatory to file charge sheet within 180 for all three Acts.

Bail provisions:

GCTOC & MCOCA grants bail to accuse only after public prosecutor is given an opportunity to oppose the bail application.

But under UAPA there is special provision for the foreigners, who is not entitled to bail unless court is satisfied that there are grounds to believe accused is not guilty.