Organized Crimes in India (Law, Prosecution & Procedure)

With Exclusive Coverage of, MCOCA, Unlawful Activities, Anti-terror Laws, Preventive Detention,
Confiscation of Property, Protection of Witnesses, NIA, Trial Procedure & Bail, Etc.
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Description
The Constitution of India - the foundational law of India institutions to uphold the Fundamental Rights contained in Part III, seen as the heart of the Constitution. This flows from the duty of the State to protect and promote human rights. The role of the police in India is especially significant in this regard. The police are oath-bound to act strictly in accordance with the Constitution and the Law. As the first agency of contact in the criminal justice system, the police have the duty to ensure that the fundamental rights of equality before the law, the gamut of rights on arrest and detention, and the freedom of speech, expression, and peaceful assembly are guaranteed. Exigencies and realities of operational policing can sometimes conflict with human rights; and rights protection depends heavily on police having the instinct and knowledge to balance these conflicts. The Supreme Court of India has over the years explained and expanded the scope of Fundamental Rights in the realm of criminal justice; and has pronounced landmark judgments that lay down the scope of those rights, limits on policing powers, directions for the police, and remedies for victims of rights abuses, all towards stronger compliance with human rights standards.
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Contents
Chapter 01 : Organized Crime in India
Chapter 02 : Brief History of Preventive detention & Anti-Terrorism Laws in India
Chapter 03 : Maharashtra Control of organized Crime Act, 1999
Chapter 04 : OVerriding Effect of MCOCA
Chapter 05 : Constitutional validity of MCOCA
Chapter 06 : Retrospective Application of MCOCA
Chapter 07 : What is Organized Crime Syndicate?
Chapter 08 : What is Organized Crime under MCOCA
Chapter 09 : Being member of crime syndicate
Chapter 10 : Team Abet under MCOCA
Chapter 11 : Conspiracy under MCOCA
Chapter 12 : Use of Violence, Coercion, Intimidation or other unlawful means
Chapter 13 : Special court & Competent court under MCOCA
Chapter 14 : Approval, Sanction & Cognizance under CRPC & MCOCA
Chapter 15 : Police custody under MCOCA
Chapter 16 : Remand under MCOCA
Chapter 17 : Confession under MCOCA
Chapter 18 : Failure in discharge of duty by public servant use & misuse of powers & judicial approach
Chapter 19 : Legal Accountability of the police in india
Chapter 20 : Scope & Relevance of statements recorded under sections 161 & 164 CRPC &
                       Relevance under MCOCA
Chapter 21 : Bail under MCOCA
Chapter 22 : Quashing VIS-A-VIS Application of section 482 CRPC & Writ
Chapter 23 : Protection of Witness
Chapter 24 : The offence of per perjury presence of IO in court during examination of withess
Chapter 25 : Section 313 of CRPC & MCOCA
Chapter 26 : Procedural Fairness & Speedy Trial
Chapter 27 : Miscarriage of Justice in legal system
Chapter 28 : Miscarriage of justice, wrongful prosecution & compensation in terror cases
Chapter 29 : Power of Forfeiture & attachment of property sec 102, 105C CRPC interalia sec 4 & 20
                       if MCOCA, PMLA
Chapter 30 : Grnat of compensation & Mandatory Imposition of fine
Chapter 31 : Appeals under MCOCA
Chapter 32 : Narcotics & organised crimes
Appendices
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Author Details
Yogesh V Nayyar, born in 1969 at Dehradun, Uttarakhand continued his post studies and pursued Law from University College of Law, Nagpur University; in the year 1990-93 and stood in merit in Nagpur University. Since March, 1994, started practicing as Lawyer and serving in the field of law with proven success and very consistent, patient professional, giving each new case our undivided attention whilst walking through each step of the process. With a view to cater the requirement of services in field of Law, the firm YVN & Associates came in existence from Nagpur.