Report No. 29
Points to be Considered-General Observations
35. Main points to be considered.-We now proceed TO consider the main points arising from the proposals of the Santhanam Committee. The proposal of the Committee1 is to add a new chapter to the Indian Penal Code bringing together "all the offences in such special enactments (i.e. enactments relating to the offences in question) and supplementing them with new provisions". Thus, it seems to contemplate two classes of changes, namely
(i) transfer to the Indian Penal Code of the existing provisions relating to the offences in question, contained in other special enactments; and
(ii) addition to the Indian Penal Code of new provisions as to social (and economic) offences.
1. Para. 3, supra.
36. Addition of new provisions.-So far as the question of adding new provisions is concerned, no detailed suggestions were forwarded when the matter was referred to us (except the recommendation made by the Santhanam Committee)1. But certain suggestions were made in the comments received by us on the proposals under consideration. The important points made in those comments will be considered later in this Report, under each category, at the appropriate place2.
1. Paras. 1 to 3, supra.
2. See paras. 38, 76, 96-97, 120, 125, 136, 138, 144, 164 and 168, infra.
37. General observations as to proposal for transfer.-We shall, later, discuss in detail1 how far changes in the nature of transfer of existing provisions, as well as addition of new provisions, is necessary and convenient in relation to each of the various classes of offences mentioned by the Committee. But, as to transfer of existing provisions, there are certain points of a general character which we would like to state at the outset. In the first place, the penal provisions contained in various special enactments are, in many cases, linked up with the general structure of those enactments, and take their colour from them. Their transfer to the Indian Penal Code may be inconvenient, if such transfer has the effect of disturbing the whole scheme of those enactments and making them unintelligible or incomplete. Conversely, if transferred to the Indian Penal Code, these provisions themselves would become incomplete, as they would then have to be read without reference to the main provisions of the special enactments. Secondly, their transfer will not only increase the number of sections in the Penal Code and add to its bulk, but also mar its structure2.
1. Para. 92, et seq, infra.
2. Cf. Para. 38, infra.