Law Web: Expanding the Scope of MCOCA: Maharashtra’s 2025 Amendment to Curb Drug-Related Organised Crime

Introduction

Maharashtra’s fight against organised crime has taken a significant turn with the recent passage of the Maharashtra Control of Organised Crime (Amendment) Act, 2025. This legislative move targets the alarming rise of narcotic drug crimes by redefining “organised crime” under the original Maharashtra Control of Organised Crime Act, 1999 (MCOCA).

Overview of the MCOCA (1999)

The MCOCA enacted in 1999 was a pioneering law designed to tackle complex criminal networks involved in contract killings, extortion, smuggling, and other syndicate-linked activities generating illegal wealth. The Act defined key terms such as “organised crime” and “continuing unlawful activity,” specifying that the latter involves repeated offences punishable with three or more years of imprisonment. Only if more than one charge-sheet was filed, and the court had taken cognizance in the last 10 years, could action be pursued under MCOCA.

Under its original framework, “organised crime” was primarily associated with violence, intimidation, coercion, and other unlawful means aimed at pecuniary benefits or promoting insurgency.

2025 Amendment: What’s Changed?

The 2025 amendment broadens the definition of “organised crime” in the Act. Previously, involvement in narcotics was indirectly covered, but not explicitly prioritized. Now, the Act specifically includes commercial-scale drug crimes, reflecting the government’s intent to address the fast-growing menace posed by narcotic syndicates:

New Clause (e) - "Organised Crime":

Key Enhancement: This amendment brings under the Act any commercial-scale involvement in drugs, making it easier to prosecute syndicates exploiting Maharashtra’s chemical factories and logistics infrastructure for drug production and distribution.

Rationale Behind the Amendment

· Threat to Society: Recent trends show drug abuse is not only harming public health but also eroding social structures.

· Economic and Security Risks: Organised crime syndicates have increasingly used sick or non-operational chemical factories for the illegal manufacture of drugs, generating vast illegal wealth with potential for funding terrorism and other threats.

· Objective: The state government aims for greater clarity and legal strength in bringing narcotic offences within the purview of the MCOCA, given inadequate coverage by the earlier definition.

Statement of Objects and Reasons

The amendment states that the proliferation of drug crimes poses a “very serious threat” to society, especially to youth. It acknowledges syndicates’ exploitation of defunct factories for illegal drug manufacture and highlights the economic and security consequences. The government’s intent is to provide legal clarity, enabling robust prosecution of drug-related organised crime, especially with the illegal proceeds potentially financing other terror-related activities.

Comparing the Old and Amended MCOCA

Feature	Original MCOCA (1999)	Amended MCOCA (2025)
Focus of 'Organised Crime'	Violence, threat, intimidation, coercion, pecuniary gain	Explicit inclusion of narcotic and psychotropic crimes
Drug Crime Coverage	Implicit (via “unlawful means”)	Explicit, including commercial drug quantities
Legal Reference for Drugs	Indirect	Direct reference to NDPS Act, 1985 violations
Societal Impact	General crime, syndicate activity	Drug abuse, health crisis, economic security
Enforcement Scope	Limited, less clarity on narcotics offences	Wider, clear coverage of drug syndicates

Conclusion

The Maharashtra Control of Organised Crime (Amendment) Act, 2025 marks a decisive move to fight the growing tide of drug-related organised crime, closing loopholes and empowering authorities to swiftly prosecute syndicates exploiting commercial-scale drug operations. By explicitly referencing offences under the NDPS Act, the amendment sends a strong message: Maharashtra is serious about safeguarding its youth, economy, and public safety against the threats posed by organised drug crime