Daily News Analysis

NEEDED REFORMS TO SPECIAL AND LOCAL LAWS

stylish_lining

Why in the News?

The bills proposing reforms criminal laws such as Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA) have been tabled in the Parliament.

  • But the proposed bills do not suggest any reforms in critical offences and procedures that are encompassed within the Special and Local Laws (SLLs).

Special and Local Laws (SLLs):

  1. Nearly, 39.9% of all cognisable offences registered in 2021 were under SLLs. 
  2. As per the Crime in India Statistics of 2021, of the total 61 lakh cognisable offences registered, 24.3 lakh offences were registered under SLLs alone.

What Actually are SLLs?

Special and local laws refer to laws that are applicable only to certain regions or sections of society, as opposed to general laws that apply universally.

Some key features of special and local laws:

  • They are enacted to address specific issues or needs of a particular region, community, industry, etc.
  • They supplement the general legal framework by providing exceptions, additional provisions or special treatment for select groups.
  • They are limited in their scope and application compared to nationwide laws of general nature.
  • Administration and enforcement of special laws involves designated authorities and procedures. 
  • They take precedence over general laws in case of conflicts on matters where the special laws apply.
  • Some examples of special and local laws in India include:
  • Laws pertaining to Scheduled Tribes like Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996
  • Laws related to special status states like Jammu and Kashmir Reorganisation Act, 2019
  • Laws concerning special economic zones like Special Economic Zones Act, 2005 
  • Industry-specific laws like the Banking Regulation Act, 1949 for banking companies 
  • Region-specific laws like the Gujarat Control of Terrorism and Organised Crime Act, 2015
  • Laws applicable to protected religious places like Amarnath Temple Act, 2000 
  • Laws enacted by State Legislatures on state-specific matters

Special and local laws enable customized provisions for unique contexts and needs. However, they should align with constitutional principles and not promote discrimination.

Need for reform in SLLs:

  1. Use of deficient, ambiguous and vague definitions of offences and terms in the acts.
    1. For example, SLLs such as the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) have terms such as ‘terrorist act’, ‘unlawful activity’, ‘organised crime’, ‘organised crime syndicate’ etc., which suffer from such issues.
    2. The Protection of Children from Sexual Offences Act, 2012 suffers from the issue of applicability to consensual sexual activities between minors.
    3. The Supreme Court in the case of P. Mohanraj versus M/s Shah Brothers Ispat Ltd. (2021), has referred to Section 138 of the Negotiable Instruments Act, 1881 fall squarely within the domain of civil wrongs but present under criminal provisions of the text.
    4. The universally accepted due process values are being diluted through SLLs. Examples include,
      1. powers of search and seizure under Section 43A of the UAPA
      2. admissibility of confessions recorded by police officers under Section 18 of the MCOCA
      3. stringent bail provisions provided for under

SLLs to be included in the ambit of IPC, CrPC:

  1. The idea of complete codification of all criminal laws inspired by Bentham’s idea of a “Pannomion”, an all-comprehensive collection of rules codified in a single place, was conceived in IPC and CrPC, to contain within its pages all criminal laws of the time.
  2. It was decided to suitably amend it in situations requiring the creation of new offences, clarification of existing offences, and removal of inconsistencies.
  3. The symbolic of the need to reform several aspects of our criminal laws was revealed in challenges to
    1. homosexuality under Section 377 in Navtej Johar versus Union of India (2018)
    2. sedition under Section 124A in S.G. Vombatkere versus Union of India (2022).
  4. However, successive governments place increasing reliance on the SLLs, it becomes imperative to imbibe SLLS in the IPC as well as the CrPC.
    1. All SLLs which criminalise conduct should be placed as separate chapters within the larger structure of the penal code. 
    2. All SLLs which create a separate procedure for reporting of offences, arrest, investigation, prosecution, trial, evidence and bail should be included as separate procedures within the CrPC or as exceptions to the general provisions provided therein.

Rising Household Debt in India

India is witnessing a significant rise in household debt, while net financial savings have declined from their pandemic-era highs. This trend raises concerns about the sustainability of credit-dri
Share It

Bharat Maritime Insurance Pool (BMIP)

Why in the News? World Maritime Day 2026 was observed on 24 September 2026 under the theme “From Policy to Practice: Powering Maritime Excellence.” The theme highlights the importan
Share It

India’s Shift Towards Deterrence by Punishment

​Why in News? At DefCon 2026, India’s Defence Minister outlined a shift in the country’s national security doctrine. He cautioned against the “perimeter fallacy” and h
Share It

Swachh Vayu Sarvekshan 2026

Why in News? The Ministry of Environment, Forest and Climate Change (MoEFCC) organised Swachh Vayu Diwas 2026 on the occasion of the International Day of Clean Air for Blue Skies, observed annu
Share It

Decentralised Grain Storage Plan in the Cooperative Sector

Why in News? The Decentralised Grain Storage Plan in the Cooperative Sector has gained attention because of its progress in expanding local-level grain storage capacity and strengthening agricu
Share It

Geothermal Energy in India

Why in News? The Government of India’s push for geothermal energy development has brought renewed attention to India’s geothermal potential. This follows the notification of the Nat
Share It

National Medical Commission (NMC)

Why in News? The National Medical Commission (NMC) recently proposed a Unique Identification (UID) system for doctors, which would allow doctors to practise across India without requiring separ
Share It

India–Belgium Relations

Why in News? The Belgian Prime Minister’s September 2026 visit to India strengthened bilateral ties through the India–Belgium Joint Statement, the Investment Fast-Track Mechanism, a
Share It

Pichavaram Mangrove Forest

Why in News? A landmark ecological study has estimated the Total Economic Value (TEV) of Tamil Nadu’s Pichavaram Mangrove Forest at approximately ₹2,485.38 crore. The valuation highligh
Share It

UNEP “Limiting Overshoot” Report

Why in News? The United Nations Environment Programme (UNEP) has released a report titled “Limiting Overshoot: Navigating Exceedance of 1.5°C and Pathways Towards Return.” The r
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS