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Moin Imran Khan   03 August 2021

Related to amendment in criminal law

Can state legislature dilute the provisions of IPC or CRPC being criminal law subject of concurrent list and if it can so upto what extent?

Please answer elaborately Upto what extent state legislature is empowered to make amendments in CRPC and IPC.


 1 Replies

BHAVYA SOM GARG   14 August 2021

Greetings of the day.

You have raised a very valid point. Entry 1 and 2 of List III, also known as concurrent list, lays out the concurrent power of both the Central and State Legislatures to frame laws on the subjects, which in this case, are Criminal law (IPC) and Criminal Procedure (CrPC). Using this power, a State legislature can pass a law regulating and facilitating the criminal law regime in their respective state, and even pass amendments to the criminal law as passed by the central legislature. The latest example is the amendment which the Legislative Assembly of Gujarat introduced in CrPC to give more powers to the police and other administrative authorities.

But it should also be noted that while the states have the power to amend the laws to suit the needs of the particular states, such an amendment cannot be beyond the contours of the provisions set by the Central legislature, meaning that a state amendment cannot go beyond, or dilute the central provisions.

It is well settled law that in case of a legislation upon a topic falling in the concurrent list, if both Centre and states make a law and a conflict ensues, the law of the Centre would prevail. But if the law of the state is also essential, it can be allowed in that particular state or with some restrictions. Taking cue from this, we can say that if a state amendment dilutes the central provisions, it shall be in direct conflict with the central law, and if the amendment is not necessary, it would be stuck down.

The states can only add such provisions which facilitate proper management of law and order situation in their respective state.

Hope this satisfies your query.

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