HT EXPLAINER

What is PCOCA?

Modelled on the controversial Maharashtra Control of Organised Crime Act (MCOCA), the proposed law is said to be the brainchild of Punjab DGP Suresh Arora to tackle organised crime, especially committed by gangsters. It was originally proposed in September 2016 under the SAD-BJP regime.

Why Punjab needs PCOCA?

While pushing forward the proposed law, the police had claimed that since 2012 not a single gangster in the state was convicted and all 55 cases ended in acquittals because witnesses turned hostile in the court fearing gangsters. Out of 105 gangsters arrested between 1996 and 2016, only 10 were convicted.

Why the previous govt did not pass the law?

The original draft of the law says that a statement given before an SP-rank officer will be admissible in the court. When the draft was tabled before the SAD-BJP cabinet, apprehensions were raised by senior ministers about the possibility of misuse of the law.

What are salient features of the law?

All electronic evidence, including secret recordings of phone calls, gathered by the police will also be proof. Proceedings can be held in camera, away from the public eye. The names of the witnesses can be kept secret. Special courts will be set up for speedy trials. If an accused commits a crime while on bail, he will not be able to apply for bail after that. Police can seek remand of the accused again even while he is in jail or judicial custody. A crime in which more than two persons are involved would be considered fit for PCOCA.

Which states already have PACOCAlike law?

Maharashtra, Karnataka, Bihar, Delhi, Jharkhand, Andhra Pradesh and Kerala are the states where this kind of Act exists to deal with the organised crime