[Answered] Critically examine the role and impact of Special and Local Laws (SLLs) within the Indian criminal justice system. How do they complement or conflict with the broader framework established by the IPC and CrPC?

Within the Indian criminal justice system, Special and Local Laws (SLLs) have distinct functions and play a significant yet intricate role. In certain situations, these rules can add to and complicate the larger framework set forth by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC); in other situations, however, they may function in opposition to it.

Role & Impact of SLLs within the criminal justice system

• Handling Specialized Difficulties: SLLs are passed to address local or specialized difficulties that the IPC and CrPC do not sufficiently cover. This group includes, for instance, rules about taxes, excise, customs, wildlife protection, and environmental restrictions.
• Enforcement and Deterrence: SLLs frequently include more detailed rules and punishments for particular crimes, which can serve as an enforcement mechanism. For instance, pollution and the preservation of natural resources are specifically punished under environmental protection legislation.
• Vague definition: SLLs like the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and the Unlawful Activities (Prevention) Act, 1967 (UAPA) have to be reformed because they have glaringly inadequate, ambiguous, and vague definitions of terms like “terrorist act,” “unlawful activity,” “organized crime,” “organized crime syndicate,” and so on.
• Divergent Penalties and Procedures: SLLs can introduce divergent penalties and legal procedures for offenses, making it challenging to ensure consistency and fairness in the criminal justice system. This can lead to disparities in sentencing and treatment of offenders. Eg, POCSO Act 2012.
• Potential for Abuse: The existence of numerous SLLs can potentially be misused by authorities, leading to selective enforcement or harassment, particularly if local interests or political considerations come into play. Eg, PMLA & UAPA Act.

Conclusion

By addressing specific difficulties that the IPC and CrPC may not sufficiently cover, SLLs serve as a complement to these more general rules. For instance, the IPC does not fully cover pollution-related offenses; environmental laws offer particular guidelines and sanctions. However, when SLLs adopt different procedures, fines, or definitions for offenses that are already covered by the IPC and CrPC, problems may occur. This may result in misunderstandings, disagreements over the law, and arguments over which one should apply first.