the others or you may begin good morning everyone and all I welcome you all for today's digital guest lecture by my lord justice VP the Magic Eraser myself I'd okay Ricardo member of Sunday Bar Association and also member of convair Committee of the NPC here to introduce allocate was Andhra fatty loyal straining center which has been established by a Sangha bar association with the great support of senior and junior members of bar this unique center has been established in the name of red oak it wasn't Revati Lee who was a renowned criminal practice turmoil he was also president of our bar he had taken initiative in bar in his tenure to arrange conferences by involving foreign lawyers and also conducted many fruitful activities for betterment of the Sun Li for Association here they trying to bars the repetition our song Lee Park vigorously takes initiative on such activities and our bar members always support unconditional this platform established with a purpose to boost the confidence in budding as well as a cell practicing laws to impart knowledge to inculcate discipline and overall development of facility of hydro gates is our motto I'm sure that with support of our Bar Association will definitely achieve our aim of our betterment of legal fraternity thank you so much for joining now over to my good friend advocate on the side hello everybody it is my great privilege to introduce three books on the do the magically former Chief Justice of the Bombay High Court justice the madakari was born on 28th of April 1958 after completion of his studies in law from the Nagpur inner city he joined the Nagpur page of the Honorable Bombay - he mainly practiced in civil criminal and constitutional laws at the natural range of the Bombay High Court and also represented various government bodies and corporations justices are madakari after completion of around fifty sixteen years of his practice he was limited to the page on 15:3 2004 distance our Maggie Carey was made permanent judge on 12th of March 2006 justice harmonically a popular and respectable judge in the Honorable Bombay High Court was given further opportunity by his elevation as the 44th Chief Justice of the Honorable Bombay High Court on 20th March 2020 justice Darmody curry was popular amongst the advocates for his patient hearing and considerate while considering all the submissions made by the advocates justice al-mahdi curry was always used to start his matter with the world yes mister and thereafter went to will be logical ill and decision in the same matter of course when he was against the advocate or he was not convinced with the submission of an advocate as a last opportunity he used to question the advocate anything else and then he used to dictate god this made him very popular Church in the High Court incumbent justice Darmody Kareem was elevated as the Chief Justice of be wonderful Bombay High Court on 20th March 2020 and he holds the same post up till his retirement on 27 April 2020 it is very difficult to some of the introduction of Justice there magically in these few words but as we all are eager to hear systematically on our today's topic of salient features of the MCU see act I will pass on to justice the madakari for further session which we will be listing from him possible to you sir thank you very much mr. side at least we're okay whoever here before me are to represent in this will be not my friends we are all advocates some of us make opportunity to serve on bench it is honor and to recognize my article yes sir very much okay I have always made it a point to beautiful opportunity of hearing to every aerocut more so if his junior and when I failed that now it is a time to pass order only to ascertain whether the Advocate has missed any point I used to ask whether he has to add anything more anything else my friends now this practice of working on page has same predicates particularly uni radicals and therefore in my earlier lectures I am reading the point to see that junior dockets receive benefit of whatever I could do on page whatever I learned about the mistakes many times because I found that a junior lawyer got lvw that is he could not open his case on merits and on some technical objections technical like uni his matter what is thrown out his client suffers the junior also suffers immensely because he is at the beginning of his career the client may not come back to him and his reputation may be affected so that was the season by on earlier two webinars I have tried to assist junior lawyers now this time I was given a subject and therefore I cannot go back to it again the effort will be not to speak much on the case law or law which is sacred I will try to share whatever I felt as a judge as a lawyer while reading this law now after this brief introduction I will go to the Noack since as you all know the preface or statement of objection reasons give us an insight into what the law and things I cannot for want of time read the preface or a swath but in the important parts they are all sure that the legislation recognizes murders of tycoons related to film industry as well as builders extortion of money from businessman abduction etc and because of this the state legislature failed but the criminal gangs are working in state of Mirage the legislature they fulfilled that there was immediate need to curb these activities the important part of preface which may have some bearing for us is the existing legal framework that is the penal and procedural laws and the adjudicatory system where found to be rather inadequate to curb or control the menace of organized crime government therefore decided to enact special law with stringent and ignorant provisions now my friends I am NOT going to statement of objection reasons because this mean - for addiction reasons again elaborates these are special me but we have to all keep in mind that whenever language of a particular provision of section is very clear this is so our preface cannot be used to correcting it so in subjects SOR are not decisive now with this very briefly I will deal with the various sections very quickly I will not be reading those sections section one as usual is explained etcetera what we have to notice this act is deemed to have come into force from 24 1999 an ordinance till they are enforced from that date was repealed by section 30 of year then section 2 is about definitions we have to deal with these section at some length little later sections 3 & 4 are again important for all of us about the punishment as we have noted in the preface the legislation contains special provisions those special provisions are contained in section 18 section 21 section 23 section 14 and about evidence presumption probative value etc you get situations 70 and 22 now all these provisions therefore which are specially made sure that primacy has been given by legislature to stop the organised crime similarly there are some special provisions which ensure due execution of this side those are contained in sections 24 to 27 the shirking offices that is normal offices police offices can be tried and punished and the bonafide reacts are protected also it has got overriding effect and there is an important provision in the shape of section 27 which requires annual reports to be called by snoring so after making this enactment it is not the end but the government has retained control by calling various reports from time to time to find out how the enactment is working how it is being implemented executed and to retain its control over it not only this but high court has been given powers to make new rules so all these shows a somewhat departure from under enactments operating in the world now with this background I will go to the main sections with which we as advocates are concerned those are sections 2 3 & 4 3 & 4 are offenses and punishments section 2 is definition now at the beginning I we like to add that you get a distinct offense or a hail being member and the Act does not contain any definition of member this consist of being member is again materially different from concept of abatement abatement or harboring are also crimes and offenses punishable under Section 3 now this act therefore contains reference to a big concept of abatement any member and also any person now any person who is not offender a better member is dealt with and punished under Section 4 in certain circumstances we'll go to that also little later now therefore question is who is this member and how you have to deal with you know before proceeding further will consider grounds which are available in God who challenge the validity of any enactment lack of legislative competence the contention that any particular provision or act violates fundamental rights or article 14 are the grounds already available then the contention that the provision is manifestly arbitrary is also available this last submission that Ephraim provision is manifestly arbitrary the legislation can be spent down his lead does my honorable effects for in Swiss ribbons Private Limited versus Union of India 2000 monkey calling for ACCC page 70 now my friend sir you are all aware of the judgments of from developing food which look into this aspect state of Maharashtra versus Murat chantilas shine of the 2018 volume 13 SEC page 5 and 2010 volume 5 SEC page 2 4 6 Samir Amin Latifah Rehman was a state of RI delivered on 23rd April 2020 are the judgments which look into this aspect of legality constitutionality and also the large regiment considers the doctrine of faith and substance we all that there which Annan was two additional round of incidents as an organized crime and contention was this insurgency is already dealt with in some other central legislation MCO C therefore has been able to be constitutionally valid in these two days means now my friends in state of Maharashtra vs. Murat Santa Lucia it has been but in any provision in criminal law means reaiize always presumed as integral part of penal offence of section unless it is specifically and explicitly or by necessary indignant excluded by the legislature now this position in God assumes importance when we look at the position of member in this act in this judgment of birth chantee lans a' the constitutional validity of section 2 B II and also section 3 and 4 of in COC where before the Oracle of Xcode the other important element is kernel croissant tree can be persisted it is 2015 judgment and they have the question which has been gone into is whether cognizance of earlier two offenses as mentioned in the definition of section two wendy was duly taken within the preceding period of ten years now again I will not go into parts of this judgment but there the important observation is a minut reference to state section therefore shows that in the event of fulfillment of rest from the requirements namely the nature of her face providing for punishment of three years and more the involvement of the offender has required under the same definition when it comes to the question of filing of charges the requirement of such filing should be before a competed for within period of ten years now why I am pointing out these requirements is we'll be dealing with this situation to one D at some length when I will be sharing whatever I feel about it with you the other important part in this judgment is Josh Hill for the computable and such for taking cognizance of such ovens it can be stated without any scope of controversy that who are real cases now kindly know what the other blob X precedes earlier cases that two earlier cases which would attract the punishment of more than three years and prohibited by law under tick insignia or droplet as a member of organized crime syndicate or on its behalf little like arrived a comment more on this now with this I will come to whatever I feel about the material provisions in this enactment at is section two three and four will be dealing with this section safe ready now clients are mostly concerned with offense and punishment so before going to the definition section will deal with section to me now section 3 subsection 1 and it has got two parts that is first is Romana and Roman to punish those who commit continuous unlawful activities I will call it to bless you in section 3 subsection 2 is punishment for abatement abating section 3 subsection 3 it's about harboring concealment etc section 3 subsection 4 punishes of Ning but section 3 subsection 5 punishes a third person holding crime groceries now my friends when we read section 3 the first question which arises if organized crime itself is not true what happens whether this act permits punishment for a beginning the organized frame is not established means that you cannot punish an offender under Section three one whether you can punish other person under Section three - there is a treatment or they within there can still be a punishment as a member section four you are all aware is about punishment for possessing an accountable will on behalf of nimble of organized crime syndicate and kindly note how widely this section has been working it reads if any person on behalf of member so kindly note it punishes any person who is not in England so these are the provisions which deal with offenses and punishments now with this by drop we go to first definition that is organised crime syndicate now organized crime syndicate according to me material words for keywords in this section are persons and acting singly or collectively as a and lastly in activities of organized crime the question before me after reading this section was how one finds out what constitutes organized crime syndicate will come to this portion little later but then as I have seen organ crime syndicate means a group of two or more persons who acting either singly or collectively as a syndicate or gang indistinct images from organized crime now activities of organized crime is again a very wide phrase it is not only organized crime activities of organized crime so does it mean that more than one organized crime or they it means in various tapes which may lead in completing any organized crime even a signal or mom is right because activities of organized crime is according to me a word which frames out any activity which by itself may not constitute an organized crime but may be a step taken initially for accomplishment of that organized crime now with this we'll proceed further and try to find out whether filing off to previous chapters that is for real charges is sufficient to show that organized crime syndicate that is syndicate or gang exists now for that we have to find out what is organized crime now organized crime again is defined in section 2 subsection E and this organized three trying the keywords are I will read the definition because it is necessary but then he versa any then by an individual singly or jointly as a member or on the now my friends before proceeding further I will again emphasize because you may not have at the school or in this medium it may not be possible for me to is what you are feeling about it by an individual singly or jointly this consent will have to understand in the backdrop of very same concept or its shade appearing in section 2 D which defines continuing and lawful activity now the questions which arise before me I'll be answering those questions or I'll order consider those forces little at whether consist of section 34 which is relevant under IPC Lawrence's will be relevant here when we consider portion of organized file then this assumes importance because you get punishments and the stick retains that is for committing organized crime under Section 3 even for abatement under section 3 2 or being member under Section 3 4 and so on or harboring in the section 3 pin or holding property in the section 3 for now with this we'll go to very rather Cardinal definition important definition in this act that is section 2b which defines continuing unlawful activity what I called as Kula now here again he Mirza undertaken singly or jointly as a member or on behalf of note these words undertaken singly or jointly need to be contradicted or reading addiction with similar concept which is employed by state legislature in Section 2 e be fighting organized crime now organized crime as ever already read see me I'm reading the definition means any now kindly note this work any continuing unlawful activity by an individual singly or jointly either as a member those are the latter parts we are not concerned what I mean putting emphasis is by an individual singly or jointly so by an individual singly we can understand but by an individual jointly how are you going to explain this what is the implication of this fine individual and jointly when they're together so mere participation as a member of group is envisaged in Section two e or the in Section 2 e requires something more that is more active participation some positive act and therefore I made reference to use of section 34 I piece with the section 34 IPC will have some relevance or may not have any relevance insofar as the suspect distance now section 2 D as against this defines continuing unlawful activity now this you have to note means and now organized crime uses word any continuing and lawful activity hear the word uses and activity prohibited by law for the time in force which is organized which is cognizable offense punishable with imprisonment of three years or more undertaken either singly or jointly now here they do not say that under taken individually singly or drawing you so when it comes to organized crime the individual rule has been given some importance section 3 1 which punishes for organized crime therefore punishes an individual now you all know that this act does not contain any provision which prescribes a special punishment for a gang leader that is head of the syndicate because the soul does not contain any provision which will permit state warning to premature or file a charge against syndicate syndicate is not even legally recognized artificial person illegal person so the role of individual in the scheme of entire MC OC becomes very important you have to therefore try to understand words singly or jointly in section 2 e and read it along with undertaken singly or jointly in section 2 D this word by an individual is missing in section 2 D and what is the scope of why this has been done how it needs to be addressed to how it needs to be understood is for the lawyers to gaze to study and to assist the code in pronouncing a proper verdict on it section 2 a according to me speaks of personal role of an individual and positive action even enjoying to move why section 2 D speaks of collective involving that is section 34 or section 114 and IPC may be relevant in section 2b now just before proceeding further I will take some illustrations a syndicate kinds indicate organic has a field driver who drives the family members to market school etc he also drives gang members occasionally to bind to build us that his offices of business he is not aware whether gang members would commit dacoit your murder or collect ransom though he's aware of nature of activities carried out by again driver carries a member to a bank where someone needs to be Boudreau gang member mix of buildin in demand and kills him in the back which opens the driver and committed now he and therefore he was not aware that any offense needs to be committed he by he was aware that he's driving him gang member to bank between that Bank a gang member was to withdraw money from his account in the bank so he was not to commit any offense nobody could have perhaps read letter builder would then be present in the back or they will be some dispute son father or they or no reason this guy could murder or kill the Builder there now fact that this person is a driver he was aware of existence of gang he is true but in his involvement in the crime is not there so can he be punished under Section three four we're being member is a distinct and separate head of punishment or offense now same facts but then driver I agree to carry gang member to a bandwidth builder was born and then they the building was shown the facts and the booth right changed a four year driver is aware of the design now third set of facts young boy he's hired by a gang member for killing 11 that young boy is not aware of either gang or disturb relating to revelon what is the offense buying what can you say that he is part of continuing unlawful activity for organized crime or then his orphans it won't be under Section three zero cool to me if he is not aware of gang if he is not aware of any unlawful activity and he only knows the gang member as his master who is fading for that King his offence will not be an organized crime at all now last illustration which I am taking is you get the gang which has what we real businesses like contract killing recovery or position from tenants or other persons threatening builders or other persons from ransom abduction they quietly etc now gambling is also one of its business activities individual who is aware of gang activities participates only gambling business how you will place this individual will he be a member of organized crime syndicate now therefore to me when we look at the definition of continuing and lawful activity the important words which need to be looked into are more than when charges in period of preceding ten years and then there is one more word in respect of which the earlier ships should be therefore against some member of the gang or its leader now what is the relevance of ten years if we go by various regiments sector law three offenses need to have taken place in ten years if there are three offenses in three months what happens what is the relevant or important aspect of the matter we have looked into replace a swath whether it is number of trains which is relevant or they is period that is radius which is decisive which test will have to apply now again I will just take an illustration a trial under mokra is going on and during that time prosecution learns about an old office which has not been investigated into if the chargesheet about that whole defense is fine what happens what is the effect one more question if there are two earlier ships and in trial for those two offenses there is acquittal what is being packed this therefore has got some importance on the scheme of section 2 D what is the effect of acquittal in earlier offenses and how are you going to deal with it now we have all looked into section 3 subsection 4 we are also looked into very briefly the special provisions now those special provisions change the entire perspective insofar as criminal which is concern the probative value undergoes change the presumption also was against accused not only that in Section 22 in certain situations burden is faster connectives now if this is the position and if there is a quitter in earlier two charges what will happen that you have to understand and then try to explain what is the meaning of this enactment what is the purpose of the selectmen and how it needs to be implemented now section 34 therefore when it's prescribes a punishment for a being member the punishment is for membership of organized crime syndicate as I have said earlier there is no definition of member now this concept of being member is again different plan available abatement is defined in Section 2 money but then abatement or then the participation in preparation etc a no hitting he is made punishable in Section 3 subsection 2 and harboring is made punishable in is in section 3 subsection 4 so harboring conspiracy are different aspects now in this situation therefore vein very wide words because section 4 I pointed out which speaks of any person right the legislature has therefore born of means under fire hail to frame and enactment - for militant law which P curve the beliefs of organized crime now in this scenario therefore you have to understand what is this membership there cannot be any proof of membership here this is a criminal business so nobody will be paying some monthly subscription there will not be any receipt so abatement and harboring are the concern which are prime specific memory is there for a floating conceived fact that dysfunction is associated with a particular gang since last three years four years will be sufficient perhaps to establish membership if fact that this person was writing accounts in fact that this person was working as a unit the security guard at the office of the crime syndicate gang will perhaps therefore be indicating of his membership membership therefore has not been deliberately defined membership appears to be a consent which has been deliberately left open to interpretation and anybody who is associated with gang will be involving so a person who is not actually associated with any organized crime or organized crime which is at the time may still be punished as a member if its association as a ring but with the organized crime syndicate is established now section 4 therefore refers to say a stranger we need to say is any person this any person in Section 4 need not have any past association with syndicate or its member and when we look at all this scheme of section 2 section 3 section 4 what i feel is you have to take a note of the fact that section 3 uses the word whoever just look at section 3 section 3 subsection 2 are looking at whoever conspired section 3 subsection 3 whoever harpists are they section 3 subsection 1 whoever commits so whoever therefore is again a world of wide amplitude but then whoever in section 3 subsection 3 excludes member section 2 1 Roman man section 2 II Section 2 wave section 3 for section for all these provisions employed word person section three four employees word any person and this any person is member section two eighth employees word person but this person excuse member section for employees word person it refers to a third person who is not member now with this my friends I will come to whatever I have to say on about section 2 D continuing unlawful activity if you can have the provision in your friend it will be convenient for you continuing unlawful activity means an activity now an activity means signature prohibited by law for the timing in force which is cognizable offence punishable with imprisonment of three years or more undertaken by the senior jointly as a member of an organized crime syndicate or on behalf of says it in respect of which now I am going to put emphasis on this word in respect of which more than when charged ships have been fine before a competent work within prescribed within the preceding period of ten years and that code has taken cognizance of such offers now my friends if one will be to understand the scope of these words in respect of which I have tried to point out to you Lee when judgment where the Honorable a pig's foot seeds that they need to be previous to charge the same units taken by division bench in October 2000 1980s off to dr. su back you must be aware of that judgment there are two judgments of one of just when mr. C al this is delivered by justice or thus he was he has a lyrical judgment in case of Peru so that judgment in case of SIA and one more judgment again - tree service all this proceeded on this basis that there has to be two previous charges one of the judgments the pork also sees like competent code means a competent to take cognizance of the charge sheet as previously fine you may be aware of that judgment I will not like to comment on it but competent code is not the concept in in Suzy MC OC speaks of special hood and section 2 D speaks off the competent port in section 2 D where it says more than one charge ships have been filed before a computer code now my friends my effort will be to point out to you what according to me maybe the meaning of section 2 D not cha ships have been fine what is this hell being filed if a charge sheet was fired and it has already ended in punishment but as it is not a charge sheet which has we can say charge it have been fine if a charge sheet was fine trial is over and the accused persons are acquitted again we cannot say that charges or charge have been more than man charging have been fine to me this concept that charge dis worse that charges have been filed or has been fine therefore denotes a position in which the charge sheet has been fine but trial still pending there is no adjudication now what is the meaning of in respect of which these words in respect of which in section 2 D they qualify the activity prohibited by law therefore section 2 D then take another contemplates a charge sheet which has been fine for an activity which is continuing unlawful activity the definition is in present tense continuing a lawful activity means an activity in respect of which more than one charge have been fired this does not say that any earlier activity so any activity in respect of which it charge it has been fine becomes a continuing unlawful activity provided you are in position to show that other ingredients or in that definition that is it is there were more it is more than one charge sheet and in proceeding various are satisfied so continuing and lawful activity does not refer to the one activity that is third offense it takes within it slips even the earlier activities that is first so-called first charge or sacred charge again here will have to consider whether it is as far even settled on it is necessary that there should be minimum to earlier charges language is very clear more than when Joshi it does not say to Josh's now it is right to concede that who means more than one but then language used by state legislators in respect of which more than one charge so an activity in respect of which more than one charge so there must be an activity in respect of which more than when Joshi has been fine so one charge sheet the second charge sheet which is under consideration therefore even as per sector law may constitute Akula but then this will require more study by the arrowheads more thought and then some better arguments so that food can look into it but frankly for myself I feel that present interpretation that it has to be thrown offerings so if there exists a gang which has committed only two offenses after the Act came into force in 1999 that does not mean that that gang cannot be tried under this act because it has committed only two offenses more than and one offense will be sufficient but then even for first offerings which has been committed after 24 1999 there can be a charge sheet and the rings you see what is the definition in section 2 D continuing unlawful activity so activities continuing how activity continues first charge more than one charge and therefore it is continuation of unlawful activity of that gang or syndicate so this continuing activity has been labeled so we cannot say that unless and until there are previous to jar ships or previous offenses or they move the third offenses the third offense needs to be viewed as continuing unlawful activity if there is no third offense there is no continuing and reflecting now my friends therefore when we look at this definition and if the position that even for our year joshie's he for friends has taken place after B Act came into force was charged no second choice she is for offense which has been committed by a gang after that date but that gang has committed third offense may not be very decisive fact that it is continuing needs to be established and a letter josh if that is more than word sure she has been used only to sue as habit or the proof of continuing and lawful activity in will know we are all aware that you say that a tenant is defaulter you have to show mental habit so you have to shoot before so only when default is not sufficient so I think that similar type of approach similar interpretation is necessary while understanding section to be an activity which is spoken of in opening part of section 2b therefore is qualified by the words in respect of which so activity in respect of which more than when charge it has been fine encompasses within it say the first offerings and offenses they are after up to the offense way police comes to know that there is a gang and it has to proceed in the rings you see my friend it is one more aspect normally when our offense takes place and a person goes and Lord is a report in police station he may not be aware that this offense or crime is committed by some gang he be with the Lord airport police may also in person investigation file a charge sheet I had that danger fact that disease offense by gang may not surface it may surface later on as you see there is there are some technical compliances which need to be done under Section 23 before the provisions of him coz are applied or then before the good special cooked egg for measles or such a face so those compliances will require some time and therefore it does not mean that sick and charge which has been fine cannot be after after complying with these provisions be treated as a charge sheet for containing unlawful activity in my humble opinion even first a sheet can be looked into as an instance of convenient unlawful activity and the trial therefore must be for containing unlawful activity trial may not be you before thorough face now my friends with this I will not be like to say anything more on procedural part but by looking into this enactment and we're here judgments I myself feel that something needs to be done i myself entertained media's doubts and we never matters fear argued before me if the doubts very limited I have those doubts to bar I have received also some cooperation but there are some aspects I may be wrong I mean maybe light but then these are the aspects which continue to propel me and therefore when your esteemed Association gave me opportunity to address you on this in acne I accepted that fortunately and trying to please seek as briefly as possible before you I think I've already taken more than 50 55 minutes I will stop now and leave it to organizers to find out how we because there may be some questions I mean like to answer those questions to the best of my person thank you very much wish you all the best thank you sir for such an insightful and enlightening session this session has cleared many of her doubts in respect to n Co CA it was indeed a very knowledgeable lecture sir solar field is flooded with questions from advocates all around the country with your permission may I ask few of those questions yes sir first question comes from educate him Al Dubin he questions that in the police charges the accused under MCO CA Act are there any guidelines which the police officers have to follow for obtaining the confession from the accused as the police officers could resort to violence or mental torture on the accused in such a scenario would the confession be admissible or not in the Code section 18 is there under section 18 there are rules also frame by state government those rules contain elaborate procedure what the police officer has to do the confession needs to be recorded by higher police officer there also there is a procedure that police officer has to initially put him some questions which are not on merits of the offense then give him a time to order to think over whether he wants to give her vision so the person is made aware that he may not confess he's also made aware of consequences of that confession and then he's removed from custody of investigating officer that police station he is placed in custody of some other high heeled police officer at some other police where there will not be any influence pressure upon him he is during this period given to him to cool off he can again reconsider everything and on the next day that is after more than 24 hours he is again produced before that officer there again he put some questions with he's asked with a time of 24 hours given to him to rethink for sufficient or he needs overtime if he says he needs more time time is again given if he says no he does not eat time then this confession is required immediately after his confession is recorded he is sent to a judicial officer along with that confession and there again judicial officer who seems some questions so that way the law is very certain and steps have been taken the young adult it was put this question has to do into those rules if there are any violations those violations can definitely be pointed out to consent good at the earliest possible opportunity here the position is after confession is even confession can be relied upon and used to police the accused but they even a retracted confession can also be used so there is already use case law in this respect I will request that okay - yes next question thank you sir thanks Ron so the second question comes from Ed okay Shivani Saxena she asks if the provisioners of MC OC act are in vogue and one is booked under the Act he is no more a suspect but is guilty until proven innocent even after a year poor decides and there is no case against the person and discharges him what remedies would the person have no the burden shifts only if ingredients of section 22 are satisfied now if there is a confession of by this person or confession of some other person pertaining to this accused person he may be detained in the study he may not get bail because of the mandate of section 21 other legal provisions but if ultimately if we can establish that this was malicious prosecution they he can take appropriate steps if there is misuse he can also approach police authority for malicious prosecution he can recover damages as we all know for malicious prosecution a single suit also can be fined and limitation for it is only when he is noted sir thank you so the next question comes from Ed okay to promote citta he asks that very often we find that MC OC Act is charged email him the used is the first offender and his role is very limited is it a high time to direct investigation machinery on the application of MC OC act by showing guidelines no first offender is not very decisive here if he's member of gang or if he associates himself with a gang it may be his first offense but it may be third or ten thousands of a gang so fact that it is his first offense is not decisive related they which means the judgment in case of that what is that sue dr. suit are off so this with her which I see division being judgmental delivered and bomb being October 90 heat again the uses for as a man allows that name work these IQs does not appear in any previous charge and therefore he's given many good but this is not correct if he is a member he may not have committed any of this fact that his memories by itself an offence under Section 3 subsection 4 and he can be charged seated and the things use his somebody a permission may I ask couple more questions yes thank you sir so the next question comes when I locate so what I'm saying he asks that section 21 three of the MCO CA mars pre-arrest beam but a trend is seen where my pre RS bales are granted by ports where the ports are empowered to grant three RS bathes and under the circumstances circumstances can we clarify the position sir you see boots are there to protect liberty of an individual article 21 is paramount this bail is denied Wayne participation in crime or fact that this person is member of a gang can be seen from refer now if material therefore demonstrates that the person has participated in crime or they he's a habitual offender or then his member of that gang perhaps he may not be entitled to bail but when poor finds that no there is no such material against him police got ample opportunity for he says interesting sorry police investigated for a long time police could not fill out reading material history and it is violation of his liberty he could make Randy so it is power of good and if somebody's aggrieved by this use of power back oh yes to telling the judicial order further in accordance with law yes noted so thank you the final question comes from advocate such as mana so whether the sanction accorded under section 23 two of the MCO CA would be rendered invalid on the ground that the prior approval under Section 23 1 a was not obtained for recording and information about an offense these are two different things now 23 to section is by a higher officer the officer granting his previous sanction is situated or placed below that officer who is granting this final sanction based upon this final sanction the cognizance is taken back for so this line Cunha by itself will not be final thank you sir thank you sir for giving your precious time to us now I should request ed okay dr. Sheetal for the vote of thanks thank you thank you so much this session indeed sir I must confess was extremely exceptional and remarkable at this outset I just want to I just remember one thing we were on initial talks with Seoul about the topic and we requested sir to speak upon M COC act I guess without giving a second thought service all the formative to guide us on this topic and so I must say this is absolutely an expression of a humble and a knowledgeable person like him I would express our heartfelt thanks to you sir so today's session was an absolute indulgence and it was so natural as it was in so much of depth covering the whole you'll see and this definitely has not only guided and enlightened the trial court lawyers and advocates but also the High Court in Supreme Court advocates were present on this very platform of us so I on behalf of a central party lawyers center as well as samovar Association would like to take this opportunity to thank you for accepting our invitation as well as having your resolute presence amongst us I further earnestly thank you so to guide us in such a note word may be thank you so much sir furthered I thank Sangha Bar Association who always remains are the lawyers training centers in stone they've always boosted the spag Association has always you state the training center to organize such sessions I must thank today advocate Prakash seducer advocate omits I assert an advocate Sagara sir to handle this session so well and of course advocate Vikram Pernod who remains our support system to handle the session technically so much without a flaw I also thank our own mentor advocates without the battle sir and his entire team to make this possible to organize sessions of such strong words and luminaries on this platform finally I would like to thank on behalf of a central party lawyers training center all the audience always maintained that role of being the motivators to this training center I thank you so much all for being sure on this platform to be so I would like with your permission to conclude this session and actually this session to be completed you wish you all the best thank you so much I declare decision bitsource kind permission has been concluded