MCOCADE 2

धारा 2 · Definitions

(1)

In this Act, unless the context otherwise requires,

(a)

"abet", with its grammatical variations and cognate expressions, includes,

(i)the communication or association with any person with the actual knowledge or having reason to believe that such person is engaged in assisting in any manner, an organised crime syndicate;

(ii)the passing on or publication of, without any lawful authority, any information likely to assist the organised crime syndicate and the passing on or publication of or distribution of any document or matter obtained from the organised crime syndicate; and

(iii)the rendering of any assistance, whether financial or otherwise, to the organised crime syndicate;

(aa)"Capital" means the National Capital Territory of Delhi;

(b)"Code" means the Code of Criminal Procedure, 1973 (2 of 1974);

(c)"Competent Authority" means the Competent Authority appointed under section 13;

(d)"continuing unlawful activity" means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;

(dd)"Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi, appointed by the President under article 239 and designated as such under article 239AA of the Constitution;

(e)"organised crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;

(f)"organized crime syndicate" means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organized crime;

(g)"Special Court" means the Special Court constituted under section 5;

(gg)"State Government" means the Lieutenant Governor of the National Capital Territory of Delhi.

(2)

Words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.

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