Source: The Hindu

Introduction

In India, criminal laws are primarily governed by the Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and Indian Evidence Act, 1872 (IEA), which is a comprehensive code that defines various offenses and prescribes penalties for them.

Additionally, there are several special and local laws that address specific types of criminal activities or apply to specific regions or communities. As the government introduced reforms in major criminal law, the Special and Local Laws covering a major aspect of the criminal justice system are left untouched.

What Reforms are Needed in Major Special and Local Law (SLLs)?

• Unlawful Activities (Prevention) Act, 1967 (UAPA):
  • The act commonly known as the UAPA, is an Indian law aimed at the prevention of unlawful activities and associations in India.
  • The primary objective of the Act is to make powers available for dealing with activities directed against the integrity and sovereignty of India.
  • It is criticized for its vague definitions of terrorist act, unlawful activity etc.
  • Section 43 (D) (5) of the UAPA makes the bail procedure extremely tough.
  • The shall presumption of evidence under Section 43A of the UAPA dilutes due process of law.
• The Protection of Children from Sexual Offences Act, 2012 (POCSO):
  • POCSO defines various forms of sexual offenses against children, including but not limited to, sexual assault, penetrative sexual assault, and sexual harassment.
  • It faces criticism for its applicability on consensual sexual acts between minors.
• Negotiable Instrument Act, 1881 (NI Act):
  • The NI Act deals with various aspects of negotiable instruments, such as promissory notes, bills of exchange, and cheques.
  • Negotiable instruments are documents that guarantee the payment of a specific amount of money either on demand or at a future date.
  • The Supreme Court criticized the application of Section 138 of NI Act in the case of P. Mohanraj v. M/S Shah Brothers Ispat Ltd. (2021) by stating “Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing”.
    • The court said it because it focuses more on safeguarding the rights of the person who did not receive the money (the victim).
    • The broader concerns of the government are considered secondary, and the emphasis is on the affected individual taking legal action.
• Prevention of Money Laundering Act, 2002 (PMLA):
  • PMLA is aimed at preventing money laundering and related offenses.
  • Money laundering involves the process of making illegally gained proceeds (such as criminal activities, corruption, or tax evasion) appear legal by passing them through a complex sequence of banking transfers or commercial transactions.
  • It is criticized for its bail procedure which makes grant of bail nearly impossible.
• Maharashtra Control of Organized Crime Act, 1999 (MCOCA):
  • MCOCA is a law enacted by the state government of Maharashtra, India, with the aim of combatting organized crime and terrorism.
  • The act was brought into force to provide law enforcement agencies with more effective tools to deal with organized criminal syndicates.
  • It is often criticized for its definitions of organized crime, syndicate etc.
  • Section 18 of MCOCA talks about admissibility of confession recorded by police officers which can be reformed as confession before police officer is not admissible under IEA.

What is the Aftermath of Non-inclusion of SLLs in Criminal Law Reform?

• The IPC in 1860 came with an idea of bringing a comprehensive code of criminal law, however the structure of criminal law in the country has evolved after the enactment of IPC because of enactments of SLLs.
• A comprehensive code of all criminal laws is required to bring them under one umbrella.
• As the governments are relying a lot on SLLs they require to be included as separate chapters in a large, codified law.
• Non-inclusion of SLLs in the existing substantive and procedural framework acts as a limitation in the criminal justice system.
• To amend this loophole another reform is required in the criminal law realm.

Way Forward

• A holistic reform of special and local laws is imperative for achieving a comprehensive and cohesive criminal justice system in India.
• By addressing the criticisms and limitations within specific acts, criminal law mechanisms can be strengthened to better protect the rights of individuals while upholding the broader principles of justice and public interest.