TCOC Act 3

Section 3 · Punishment for organised crime

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(1)

Whoever commits an offence of organized crime shall, -

(i)

if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lakh;

(ii)

in any other case, be punishable with imprisonment for a term which may extend to five years and shall also be liable to a fine, subject to a minimum fine of rupees five lakhs.

(2)

Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organised crime or any act preparatory to organised crime, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees five lakhs.

(3)

Whoever harbours or conceals or attempts to harbour or conceal, any member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to a fine, subject to a minimum fine of rupees five lakhs.

(4)

Any person who is a member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees five lakhs.

(5)

Whoever holds any property derived or obtained from commission of an organised crime or which has been acquired through the organised crime syndicate funds shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees two lakhs.

The offence at a glance

Maximum punishment
Death / Imprisonment for life
Fine
Fine — no statutory ceiling, the court decides
Cognizable
Cognizable
Bailable
Non-bailable
Compoundable
Not compoundable
Triable by
Special court
  • Cognizable — Police may arrest without a warrant
  • Non-bailable — Bail is at the court's discretion

Sub-sections of this section carry different penalties; the maximum is shown.

Derived from the First Schedule Part II rule — not listed section by section

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