Tobias T Mathew
Student of 2nd Year LL.M,
School of Legal Studies, Reva University, Bangalore
The article looks into the menace of growing crime rate in the nation and delves into the debate of enacting new laws for changing times or effectively enforcing the existing general laws namely the Indian Penal Code 1860. The article is critical of the nonchalant conduct of the executive and at the ease through which legislature brings about new laws. The article tries to cull out instances where specific laws have been grossly misused and the rationale behind its enactment has back fired. The article tries to establish the fact that specific laws cannot solve our issues by relying local and international examples where such acts have been a point of chaos. The article is divided into five chapters comprising of relevant examples and case laws. At first, the article discussed a recent National crime record bureau report on increasing crime rate in the country, especially the national capital. Numbers are analysed from the report to arrive at a conclusion and address the issue at hand. Secondly, it is discussing about the history of the code and the rationale behind in enacting certain specific acts. Effectiveness of the IPC and prominent precedents discussing the issue at hand are mentioned in this chapter. Thirdly, it discussing at length with examples and precedents, how specific laws are misused in the nation. The chapter delves into the recent amendment to SC/ST Act 1989, MCOCA 1999 and its misuse by police department. How RICO Act 1969 (U.S legislation against racketeering) is misused by businesses is also examined. Fourthly, it speaks about the growing menace of mob – lynching in the nation and the demand to bring a specific law by rights activists to combat it. The chapter tries to bring a solution to the issue within the contours of the code by adding a non – bailable provision to combat the crime. Finally, it examines the concept of executive discretion arising out of innumerable specific laws and its effect on society. The chapter enlists arguments against specific laws using a recent example of a prey to illicit decision making by the executive and the need to avert such situations in future by sticking on to general laws.
Keywords: SC/ST Act, MCOCA, RICO Act, Indian Penal Code, Criminal Law in India