SPECIAL
AND LOCAL LAWS – POLITY
News: Why Special and Local Laws also need
to be reformed
What's
in the news?
●
Recent legislative bills aimed at amending
criminal laws in India have garnered significant attention for ushering in
long-awaited reforms.
●
However, these reforms primarily focus on
one aspect of India’s complex criminal justice system.
Special
and Local Laws (SLLs):
●
Cognizable crimes are categorized either
under the ‘Indian Penal Code (IPC)’ or under the ‘Special and Local Laws
(SLL)’.
●
The SLL identifies criminal activities
that the state government frames for specific issues.
Significance
of SLLs:
1.
Quantitative Importance:
●
In 2021, nearly 39.9% of all cognizable
offenses registered fell under SLLs, according to Crime in India Statistics.
2.
Qualitative Relevance:
●
SLLs have ignited crucial debates
concerning the boundaries of the state’s power in criminalization, particularly
with respect to individual rights and liberties.
Need
for Reform in SLLs:
1.
Diverse Substantive Issues:
●
SLLs, like the Unlawful Activities
(Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organised Crime
Act, 1999 (MCOCA), suffer from ambiguous and vague definitions of offenses,
raising concerns about their application to civil or regulatory wrongs.
2.
Procedural Challenges:
●
SLLs have diluted universally accepted due
process values, with examples like expanded search and seizure powers under the
UAPA and admissibility of police-recorded confessions under the MCOCA.
3.
Bail Hurdles:
●
Stringent provisions under SLLs, such as
Section 43(D)(5) of the UAPA and Section 37 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, make securing bail nearly impossible
Shift
from Complete Codification:
1.
IPC’s Original Vision:
●
The Indian Penal Code (IPC), enacted in
1860, aimed to comprehensively codify all criminal laws, inspired by Jeremy
Bentham’s idea of a “Pannomion”—a single, comprehensive collection of rules.
2.
Changing Landscape:
●
Over time, there has been a shift towards
enacting and applying SLLs, which has deviated from the original concept of
complete codification.
3.
Unsuccessful Aspects:
●
While the IPC faces criticism for its
archaic morality and colonial roots, it is essential to acknowledge its success
in codifying penal laws.
Second
Generation of Reforms:
1.
Incorporating SLLs:
●
All SLLs that criminalize or seek to
criminalize specific conduct should be integrated as separate chapters within
the larger penal code.
2.
Procedural Integration:
●
SLLs creating distinct procedures for
reporting offenses, arrests, investigations, prosecutions, trials, evidence,
and bail should be included either as separate procedures within the CrPC or as
exceptions to its general provisions
As India increasingly
relies on Special and Local Laws for various reasons, it is vital to ensure
that these laws do not overshadow the original concept of codifying penal laws,
as embodied in the IPC and CrPC. Therefore, a second generation of reforms is
imperative to address these gaps and maintain the integrity of India’s criminal
justice system.