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Under MCOCA, Unlawful Activity Continued For Gaining Advantages Other Than Economic or Pecuniary Also An “Organised Crime”

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Maharashtra Control of Organised Crime Act (MCOCA) Law Insider

Khushi Gupta

Published on: May 23, 2022 at 20:48 IST

The Supreme Court observed that continuing unlawful activity with the objective of gaining advantages other than economic or pecuniary is also an “organised crime” under Maharashtra Control of Organised Crime Act, 1999.

The Bench of Justices Dinesh Maheshwari and Aniruddha Bose said that there could be advantage to a committing a crime which may not be directly leading to pecuniary advantage or benefit but could be of getting a strong hold or supremacy in the society or even in the syndicate itself.

It was contended in view of these twin requirements, the Prosecution cannot rely upon the cases where the allegations only relate to violence but not to the object of gaining pecuniary or other benefit.

The State submitted that crimes of bodily offence could be the crimes committed with an intention to establish supremacy and which could lead to gains other than pecuniary benefit or advantage, taking into account the Judgment of Bombay High Court .

The Court continued that, “However, the rule of strict construction cannot be applied in an impracticable manner so as to render the statute itself nugatory.”

“In other words, the rule of strict construction of a penal statute or a special penal statute is not intended to put all the provisions in such a tight iron cast that they become practically unworkable, and thereby, the entire purpose of the law is defeated.”

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