“AN ANALYTICAL STUDY ON ORGANISED CRIME REGULATIONS UNDER MCOCA, UAPA, AND PMLA: CHALLENGES, OVERLAPS, AND THE BALANCE BETWEEN SECURITY AND LIBERTY”

ABSTRACT
Organised crime has emerged as a complex and evolving threat that undermines national
security, economic stability, and the rule of law. In India, the legal framework to combat
organised crime is primarily governed by three key legislations: the Maharashtra Control of
Organised Crime Act, 1999 (MCOCA), the Unlawful Activities (Prevention) Act, 1967
(UAPA), and the Prevention of Money Laundering Act, 2002 (PMLA). Each of these statutes
addresses different dimensions of organised crime, including criminal syndicates, terrorism,
and financial crimes. This paper provides a critical and analytical study of these legislations,
focusing on their objectives, key provisions, enforcement mechanisms, and judicial
interpretations. It further examines the overlap between these laws and the challenges arising
from their simultaneous application, including procedural complexities, jurisdictional
conflicts, and concerns regarding civil liberties. The study adopts a doctrinal research
methodology based on primary and secondary sources, including statutes, case laws, and
scholarly literature. It highlights key issues such as stringent bail provisions, reverse burden of
proof, and the expanding powers of investigative agencies.
The paper concludes that while India has developed a robust legal framework to address
organised crime, there remains a significant gap in implementation. It suggests the need for
legal reforms, improved coordination among agencies, and stronger safeguards to ensure a
balance between national security and individual rights.