MCOCA- NDPS- POCSO- SPECIAL COURTS

In India, Special Courts are being setup for various trials for offences Relating to MCOCA, Atrocities against Scheduled Caste and Scheduled Tribes, consuming Narcotic Drugs, Lokayukta, Corruption. Supreme court has also setup 12 fast track special courts to exclusively deal with cases involving with MLA/MPs.

A special court is a court with limited jurisdiction, that deals with a particular field of law rather than a particular territorial jurisdiction.

Law, unlike many aspects of the society, is dynamic in nature and tends to outgrow the constraints and impositions of the system in place. The world of law isn’t what it once was, Law is continuously changing and evolving according to the need of society. With passage of time special courts have been establish to tackle heinous crimes within a time frame. Such special courts deals with the Acts which are special in their own nature e.g: MCOCA, NDPS, POCSO etc.

Maharashtra Control of Organised Crime Act, 1999 (MCOCA) is a law enacted by Maharashtra state in India in 1999 to combat organised crime and terrorism and the same was extended to Delhi also through special Legislation procedure.

Advocate Ravi Drall has got successful acquittal of his clients in cases which were lodged under the Provisions of Maharashtra Control of Organized Crime.

Our clients were falsely implicated in more than 50 cases and later on a case Under Section MCOCA was registered and after about 8 years at the completion of trial our clients were Acquitted by the Hon’ble Sessions Court, Rohini against which no appeal was also preferred by Prosecution.

NDPS

Drug offences are treated extremely seriously in India. A conviction for even the most minor drug possession offence can result in a criminal conviction that can have career ending consequences.

Ravi Drall & Associates have extensive experience in defending individuals accused of drug related offending across the spectrum from allegations of possession and low level supply to some of the largest drug trafficking cases. Ravi Drall & Associates is recognised as one the leading criminal practitioners in this field

POCSO

Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

The new Act provides for a variety of offences under which an accused can be punished.

It recognises forms of penetration other than penile-vaginal penetration and criminalises acts of immodesty against children too. Offences under the act include

• Penetrative Sexual Assault: Insertion of penis/object/another body part in child’s vagina/urethra/anus/mouth, or asking the child to do so with them or some other person

• Sexual Assault: When a person touches the child, or makes the child touch them or someone else

• Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.

• Child Pornography

• Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault

The act is gender-neutral for both children and for the accused. With respect to pornography, the Act criminalises even watching or collection of pornographic content involving children. The Act makes abetment of child sexual abuse an offence

LOKAYAUKTA COURT

This Act may be called the The Delhi Lokayukta and Uplokayukta Act, 1995. To make provision for the establishment and functioning of the Institution of Lokayukta to inquire into the allegations against public functionaries in the National Capital Territory of Delhi and for matters connected there with.

Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi.

allegation in relation to a public functionary means by affirmation that such public functionary in capacity as such :-

a. has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public functionaries or the class to which he belongs;

b. has abused or misused his position to obtain any gain or favour to himself or to anyother person or to cause loss or undue harm or hardshipto any other person;

c. was actuated in the discharge of his functions as such public functionary by improper or corrupt motives or personal interest;

d. is or has at any time during the period of his office been in possession of pecuniary resources or property disproportionate to his known resources of income whether such pecuniary resources or property areheld by the public functionary personally or by any member of his familyor by some other person on his behalf;

Explanation :-

For the purpose of this sub-clause familymeans husband, wife, sons and unmarried daughters living jointly with him;

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