(1) In this Act, unless the context otherwise requires, -
(a) “Abet”, with its grammatical variations and cognate expressions, includes, -
(i) communication or association with any person with the knowledge or having reason to believe that such person is engaged in assisting in any manner, an organized crime syndicate;
(ii) Passing on or publication of, without any lawful authority, any information likely to assist an organized crime syndicate and the passing on or publication of or distribution of any document or matter obtained from an organized crime syndicate; and
(iii) Rendering of any assistance, whether financial or otherwise, to an organized crime syndicate;
(b) “Code” means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
(c) “Competent Authority” means the Competent Authority appointed under section 13;
(d) “Continuing unlawful activity” means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organized crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;
(e) “Organized crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;
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(f) “Organized crime syndicate”, means a group of two or more persons who acting either singly or collectively, as a syndicate or gang, indulge in activities of organized crime;
(g) “Review Committee” means a Review Committee constituted under section 16;
(h) “Special court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in the Act and defined in the Code shall have the meanings respectively assigned to them in the Code.
3. Punishment for organized crime - (1) whoever commits an organized crime shall, -
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, which shall not be less than one lakh rupees.
(ii) In any other case, 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 fine, which shall not be less than five lakh rupees.
(2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organized crime or any act preparatory to organized 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, which shall not be less than five lakh rupees.
(3) Whoever harbors or conceals or attempts to harbor or conceal, any member of an organized 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, which shall not be less than five lakh rupees.
(4) Any person who is a member of an organized 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 which shall not be less than five lakh rupees.
(5) Whoever holds any property derived or obtained from commission of an organized crime or which has been acquired through the organized 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, which shall not be less than two lakh rupees.