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This is an archive article published on July 29, 2019

Explained: What is PCOCA and why has Punjab gone cold on the new law?

Punjab Police that believes a stringent Act like PCOCA can rein in the gangsters, who are reported by intelligence agencies to have links with the drug peddlers and also Khalistani terrorists. They feel there should be strong laws to rein in such gangsters.

 What is PCOCA and why has Punjab gone cold on the new law? PCOCA is an improved version of the Maharashtra Control of Organised Crime Act.

After going all out on expediting Punjab Control of Organised Crime Act, (PCOCA), Punjab government put it on the back-burner last year. However, at a recent meeting of the five northern states on the need to join hands for the war on drugs, the law was discussed. While the future of the law in Punjab looks uncertain, it seems both Haryana and Himachal will implement the same soon.

What is PCOCA?

PCOCA is an improved version of the Maharashtra Control of Organised Crime Act. According to the draft of the law, a confession statement made before a DIG-rank officer is admissible in court. The confession may further be ratified by an ADGP-rank officer. Currently, a statement made before the police does not hold any value in the court. Also, PCOCA is more stringent than MCOCA as the former provides for detention without bail up to one year, while Maharashtra’s law allows detention up to six months only.

Why was Congress government in Punjab batting for it strongly?

After the Congress government took over, Punjab was dealing with lawlessness created by gangsters. Soon after taking over, Amarinder announced that they would have PCOCA enacted so that the gangsters feared the law. The draft was taken to Cabinet meeting in April 2017 but several Cabinet ministers opposed it saying it could be misused for political vendetta. Amarinder had constituted a Cabinet Sub Committee headed by senior Cabinet Minister Brahm Mohindra to submit its report. The report was never submitted. Mohindra now says the government has reined in most of the gangsters and there is no need of a draconian law like PCOCA.

Why is it the police versus political leaders on PCOCA?

Punjab Police believes a stringent Act like PCOCA can rein in the gangsters, who are reported by intelligence agencies to have links with the drug peddlers and also Khalistani terrorists. They feel there should be strong laws to rein in such gangsters. But, political leaders think the police in Punjab is already very powerful. Such laws would mean giving them absolute power. They could arrest anyone, get a confessional statement recorded and then get him convicted. They fear it could be used for political vendetta when the governments change in the state. The police, on the other hand, says the DIG, who records the statement is a senior officer and another senior officer, an ADGP, has to ratify it. There are many checks and balances.

Also read | Why Punjab CM has written to Amit Shah for Centre’s security cover

When did Punjab mull PCOCA?

The Act was a baby of former DGP Suresh Arora who wanted to introduce it during the previous SAD-BJP government. Then too the state was facing problems owing to gangsters. Former Deputy Chief Minister Sukhbir Singh Badal was the Home Minister of the state. He had brought the draft to the Cabinet in July 2016. But at that time also, the Cabinet ministers had opposed it as Punjab was going to Assembly polls in February 2017 and fears of its misuse for political vendetta were expressed. Later, soon after taking over, Amarinder had made it clear that his government would be enacting the law.

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Kanchan Vasdev is a Senior Assistant Editor in The Indian Express’ Punjab bureau. She is a highly experienced journalist with 22 years of expertise covering high-stakes politics, governance, and social issues in Northern India. Professional Background Role: Primary reporter covering the Punjab Chief Minister’s Office (CMO), government policies, and the Aam Aadmi Party (AAP) leadership in the state. Experience: She previously worked with The Tribune and has played a key role in launching various city editions. Special Projects: Abandoned Brides: Authored a monograph on brides abandoned by NRIs as part of the Prabha Dutt Memorial Fellowship. Environment: Worked as a Centre for Science and Environment (CSE) fellow, focusing on the pollution levels in the Satluj river. Recent Notable Articles (Late 2025) Her recent reporting focuses on the legislative strategies and political maneuvers of the Bhagwant Mann-led Punjab government: 1. Legislative & Governance Standoffs "Punjab govt advances special Assembly session to pass resolution against VB-G RAM G Bill" (Dec 20, 2025): Reporting on the state's move to block the Centre's "Viksit Bharat" mission, which the state claims will undermine MGNREGA. "Punjab govt doubles down on special sessions, sixth in January" (Dec 19, 2025): Detailing the AAP government's use of special sessions as a legislative tool amid tensions with the Governor. "Punjab asks 'VIP teachers' working near Chandigarh to go back to border districts" (Dec 16, 2025): Reporting on CM Mann's move to end the practice of influential teachers avoiding postings in remote areas. 2. Political Analysis & Rural Polls "Punjab rural polls: Why Akalis are likened to dinosaurs in Punjab" (Dec 19, 2025): Analyzing CM Bhagwant Mann's rhetoric against the Shiromani Akali Dal (SAD) following local body elections. "AAP claims win in 78% Punjab zila parishads as counting continues" (Dec 18, 2025): Breaking down the results of the 2025 rural elections. "Rahul Gandhi and Sidhu alike, says Bhagwant Mann" (Dec 13, 2025): Covering the CM's critique of the Congress leadership. 3. Law Enforcement & Bureaucracy "Suspended Punjab IPS officer Ravjot Kaur Grewal awaits reinstatement" (Dec 10, 2025): Investigative reporting on the bureaucratic red tape involving the Election Commission and the state government. "Punjab declines to give parole to Amritpal Singh" (Nov 27, 2025): Detailing the state government's refusal to grant parole to the radical preacher and sitting MP. 4. Welfare & Economy "Punjab government's plan to add more freebies to 'atta-dal' scheme hits funds roadblock" (Dec 4, 2024): An analysis of the fiscal challenges facing the state's flagship food security program. "Mann leads Punjab delegation to Japan and South Korea for investor outreach" (Dec 2, 2025). Signature Beat Kanchan Vasdev is known for her insider access to Punjab's political executive. Her writing provides deep insights into how state policies are formulated and the friction points between the state government and central authorities. Her dual expertise in environment and law allows her to report on complex issues like the "Farmhouse Policy" (Dec 18, 2025) and river pollution with a unique policy-oriented lens. X (Twitter): @kanchan99 ... Read More

 

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