Date : 21/10/2023

Relevance: GS Paper2- Polity- Justice System

Keywords: Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Indian Evidence Act (IEA), UAPA, MCOCA, Preventive Money Laundering Act (PMLA)

Context-

The Indian criminal justice system plays a crucial role in maintaining law and order, upholding justice, and protecting individual rights and liberties. While there have been significant reforms in the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA), one critical area that often remains neglected in the reform process is the Special and Local Laws (SLLs). SLLs constitute a substantial part of the legal framework, and their reform is essential for a comprehensive and effective criminal justice system in India.

The Significance of SLLs

• The recent introduction of Bills related to criminal laws has gained widespread attention and support for initiating long-overdue reforms. These Bills focus on amending the substantive criminal laws codified in the IPC, CrPC, and IEA.
• However, it is essential to recognize that these codifications are just one aspect of the broader criminal law landscape in India. The most critical offenses and procedures often fall under the purview of SLLs, making their reform imperative.
• SLLs are of immense quantitative and qualitative relevance in the Indian criminal justice system. In 2021, nearly 39.9% of all cognizable offenses were registered under SLLs, according to the Crime in India Statistics.
• Out of approximately 61 lakh cognizable offenses registered, a staggering 24.3 lakh offenses were categorized under SLLs. These numbers alone underscore the substantial role that SLLs play in defining the legal landscape of criminal offenses in India.

Challenges in SLLs

SLLs present a multitude of substantive and procedural issues that necessitate reform.

• Ambiguity and Vagueness: One of the key concerns is the ambiguity and vagueness in the definitions of offenses and terms within SLLs. For example, the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) suffer from glaringly deficient definitions of terms like 'terrorist act,' 'unlawful activity,' 'organized crime,' and 'organized crime syndicate.' This lack of clarity raises questions about the state's power to criminalize activities, especially concerning individual rights and liberties.
• Issue with Applicability: Another concern is the applicability of certain SLLs, such as the Protection of Children from Sexual Offenses Act, of 2012, to consensual sexual activities between minors. Some argue that these cases would be better suited as civil or regulatory matters rather than criminal offenses, highlighting the need for a reevaluation of the criminalization of such conduct.
• Procedural Challenges: Procedurally, SLLs have raised concerns by diluting universally accepted due process values. Increased powers of search and seizure under Section 43A of the UAPA and the admissibility of confessions recorded by police officers under Section 18 of the MCOCA are prime examples. Moreover, stringent provisions in SLLs like Section 43(D)(5) of the UAPA, Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 45 of the Prevention of Money Laundering Act (PMLA) 2002 make obtaining bail nearly impossible. These procedural issues challenge the principles of fairness and justice in the criminal justice system.

Historical Perspective: Evolution of Criminal Laws

• To understand the need for SLL reform, it is essential to consider the historical evolution of criminal laws in India. The Indian Penal Code, drafted in 1860, was envisioned to provide a comprehensive and consolidated framework for all criminal offenses at the time. The IPC was intended to be a legal digest that contained all the criminal laws of the era.
• Over the years, the legal landscape has transformed significantly. Numerous SLLs have been enacted to address specific issues and offenses, deviating from the original concept of comprehensive codification. While the IPC has faced criticism for retaining archaic moral standards and colonial roots in some of its offenses, it has, by and large, been a successful attempt at codification.
• However, successive governments have increasingly relied on SLLs for various reasons, and this has led to a divergence from the IPC's original vision. To maintain the spirit of codification and to address the challenges posed by SLLs, it is imperative to integrate them into the broader legal framework of the IPC and CrPC.

Integration of SLLs into the Penal Code

• The inclusion of SLLs into the existing legal framework is a critical step in reforming the Indian criminal justice system comprehensively. All SLLs that criminalize or seek to criminalize certain behaviors should find a place as separate chapters within the larger structure of the penal code.
• This integration should not be limited to substantive aspects alone. The procedural aspects of SLLs, including reporting of offenses, arrest, investigation, prosecution, trial, evidence, and bail, should also be incorporated within the framework of the CrPC. This would ensure that the principles of fairness and justice are maintained consistently throughout the legal system.
• The non-inclusion of these substantive and procedural aspects of SLLs in the ongoing reform project is a significant limitation that must be addressed in the second generation of reforms.

Conclusion

In conclusion, the reform of Special and Local Laws (SLLs) is imperative to ensure a comprehensive and just criminal justice system in India. These laws, which account for a significant percentage of cognizable offenses, present both substantive and procedural challenges that need to be addressed. The integration of SLLs into the broader legal framework of the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) is essential to maintain the spirit of codification and uphold the principles of fairness and justice. As India continues to evolve and adapt to new legal challenges, a second generation of reforms should focus on bridging the gaps in the current legal framework and ensuring a more equitable and efficient criminal justice system.

Source- The Hindu