Report No. 29
94. Whether adoption of economic crimes from Eastern Europe feasible.-Economic crimes have received elaborate treatment in countries in Eastern Europe1-2. But certain observations in relation to the laws in force in those countries penalising such crimes may not be out of place. First, they seem to incarnate the economic and social philosophy of the group of countries concerned. Secondly, they include some activities which are, as a rule, not punishable elsewhere3, e.g. speculations4. Thirdly, many of the formulations of the offences are of sweeping character. The language employed is general5, so that the provisions may lead to varying interpretations at different times and places.
1. See para. 29-34, supra.
2. See also Appendices 16 and 21.
3. Cf. Mannheim Criminal Justice and Social Reconstruction, (1946), p. 138.
4. Para. 29, supra.
5. See Appendix 16, sections 225 and 227 (Hungarian Criminal Code).
95. For the reasons given below, we do not think that provisions of the general and sweeping character found in the laws of countries of Eastern Europe1 can be incorporated into the Indian Penal Code:-
(a) The concepts of economic policy and ideology on which they are based have first to be accepted, before they can be incorporated into the criminal law.
(b) Even if those concepts and ideology are accepted, putting such provisions in the criminal law might lead to "bad judicial legislation", in view of their generality. In a country like India, with numerous High Courts, such provisions are likely to lead to conflicting interpretations and consequent uncertainty in the law,-a risk which should be undertaken only where compelling reasons exist.
(c) Even if such provisions are to be enacted as a part of the Criminal law, they would appear to be of a special or temporary character. It is doubtful if they can be properly put into the Indian Penal Code, which is the basic penal law of the country.
1. Para. 94, supra.