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HOME MINISTRY TO REVAMP THE INDIAN PENAL CODE, 1860
HOME MINISTRY TO REVAMP THE INDIAN PENAL CODE, 1860
The Indian penal code[1] is the official criminal code of India that comprehensively codifies the substantive aspects of criminal law. It was drafted in 1860, following the recommendations of the first law commission in 1834, under the chairmanship of Lord Macaulay. After then, it has been subjected to several amendments for administering provisions to deal with various new crimes.
Recently, Home Minister Amit Shah has taken measures to revamp the criminal code. He directed the Bureau of Police Research and Development to work on the provisions and has invited suggestions from the union territories and state governments to suggest any changes. Under his directions, the ministry has also formed two committees comprising legal luminaries to give any recommendations or reforms for the code.
The Indian Penal Code, though a colonial era law, cannot be tainted as an anachronistic law. The statute has been the oldest serving criminal code of a country in the world. Its drafters, including Lord Macaulay, have been lauded for the precision and exactness of its language and accessibility and comprehensiveness of the code. But still, for the one-and-a-half century old code to continue its journey of existence, it has to be dynamic to cater to the needs of the present criminal justice system.
And as Justice PN Bhagwati said, “If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the tree or if it is a living tree, it will shed that bark and grow a new living bark for itself. Similarly, if the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law, which stands in the way of its growth. Law must therefore constantly keep on adapting itself to the fast changing society and not lag behind.”[2]
Now shifting the focus towards reforms. The change makers have to be cautious to not to divert from the constitutional and criminal law principles enshrined in the code. And any changes in the provisions and rules of interpretations have to be made, while keeping in mind the foreseeable effects of the same.
The changes are concentrated on victims, offences and classification.
- Victimological underpinnings ought to be given a major boost for identification of crime victims. More emphasis will be laid on victim impact statement and advocacy of the victim.
- Separate sections or law for victim/witness protection will be given consideration.
- Provisions aimed on enhanced access to compensation for the victims are to be included.
- Inclusion of new offences like cybercrime, etc. and tweaking of the existing classification of offences to be undertaken.
- Improving classification of crimes as several chapters contain inessential sections, which can be clubbed or done away with.
- For some crimes of grievous nature, the punishment given is not commensurate with the gravity of crime
Also, according to the recommendations of 2003 Malimath Committee on Reforms of Criminal Justice System, [3]the criminal justice system, as perceived, is more inclined towards the accused rather than the victim. The accused is considered innocent, until proved guilty beyond doubt, which has unjustly favored the accused by the elongation of cases. Since it often results in waste of time and efforts of the judiciary, makes access to justice expensive and denial of justice, it requires change.
What the way forward actually needs is the drafting of clear policy that regularly informs the changes to be envisaged in the criminal statutes. Simultaneously improvements should be made in the police, prisons and judiciary for the above measure to prove useful.
[1] Indian Penal Code, 1860, available at https://indiacode.nic.in/bitstream/123456789/4219/1/THE-INDIAN-PENAL-CODE-1860.pdf.
[2] Justice Bhagwati in National Textile Worker’s Union v P.R.Ramakrishnan, (1983) 1 SCC 228, at p. 256.
[3] Malimath Committee on Reforms of Criminal Justice System, 2003, available at https://mha.gov.in/sites/default/files/criminal_justice_system.pdf
- IPC
- Criminal Justice
- Home Ministry
