Supreme Court ruling on MCOCA/GUJCOCA applicability

Updates

1. News26 Dec 2022

   Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court

   Supreme Court: The bench of SA Nazeer and JB Pardiwala*, JJ has held that the dictum as laid by this Court in State of Maharashtra v.

   Explanation in simple terms

   What:

   The Supreme Court decided someone cannot be tried under special anti-gangster laws if they stopped illegal activity.

   Who:

   Justices SA Nazeer and JB Pardiwala are the judges who made this ruling at the Supreme Court.

   When:

   Reported on 26 Dec 2022.

   Why:

   The court ruled that these laws do not apply if a person stopped committing unlawful acts after the laws started.

   What it means:

   The court clarifies who can be prosecuted under these specific laws by focusing on whether illegal behavior continued.

   SCC Online Blog
2. Judgment15 Dec 2022

   Supreme Court Rules GUJCOCA Requires at Least One Instance of 'Organised Crime' After Act's Commencement

   In the matter of State of Gujarat v. Sandip Omprakash Gupta, the Supreme Court clarified that an offence under GUJCOCA requires at least one instance of continuing unlawful activity occurring after the Act came into force, in addition to the requirement of past activity.

   Explanation in simple terms

   What:

   The Supreme Court decided that a special law against organized crime must involve recent criminal activities.

   Who:

   The State of Gujarat is the appellant, Sandip Omprakash Gupta is the accused, and the Supreme Court is the judge.

   When:

   Reported on 15 Dec 2022.

   Where:

   Gujarat and the Supreme Court.

   Why:

   The court ruled that at least one illegal act must occur after the law officially began.

   What it means:

   Prosecutors must now show that at least one instance of organized crime happened after the law started.

   LiveLaw