38.6c New Delhi, India, Friday, October 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

One Nation One Penal Code: PIL by Advocate Ashwini Upadhyay seeks 'comprehensive and stringent law to replace outdated colonial-era IPC

By Vivek Kumar      19 July, 2021 11:45 AM      0 Comments
One Nation One Penal Code, Advocate Ashwini Upadhyay,

A Public Interest Litigation has recently been filed in the Supreme Court seeking directions to the Centre for setting up a judicial panel or body of experts to draft a comprehensive and stringent legislation to replace and revamp the British-made Indian Penal Code as currently applicable.

As per the plea filed by Advocate Ashwini Upadhyay, India needs a comprehensive Penal Code that provides equal protection to all the citizens against all the offenses and secures the right to life, liberty, dignity, and the rule of law.

Commenting on it, the lawyer and BJP leader said that the apex court is the "custodian of the Constitution and protector of fundamental rights" and that it may direct the Law Commission India to examine "domestic and internal laws relating to corruption and crime and draft a stringent comprehensive Indian Penal Code within six months."

To this effect, the PIL read, "Direct the Centre to constitute a judicial commission or an expert committee to examine all domestic-internal laws relating to corruption-crime and draft a comprehensive stringent 'one nation one penal code' in order to secure the rule of law, equality before law and equal protection of laws."

Background of IPC: 

The Indian Penal Code (IPC) was formalized under British rule around 150 years ago. It specifies crimes and punishments that were drafted for the convenience of the colonial empire. While the legislation was way ahead of its time when implemented, it requires to be reworked in the context of modern democratic India.

For instance, laws related to witch-hunting, honor killing, mob lynching, Goonda Act, etc., are not included in the IPC though these are pan-India offenses. At the same time, the sentences for crimes are different for the same offense from state to state. To standardize the punishments and make them uniform, a new IPC is essential.

The restructuring or replacement of the IPC is also called for as many of its provisions have become obsolete with changing economic and technological developments. Although there have been amendments to the law from time to time, it has not been amended as a whole and continues to further the British perspectives that may not be relevant in today's times.

Prayers in the Present PIL:

The PIL points out the dire need to replace the colonial-era law with a comprehensive penal code that is drafted keeping in mind the current judicial needs of the country.

It reads, "rule of law and right to life, liberty, and dignity can't be secured without implementing a stringent and comprehensive 'One Nation One Penal Code' having specific chapters on bribery, money laundering, black money, profiteering, adulteration, hoarding, black marketing, drug smuggling, gold smuggling, and human trafficking."

It further adds that "If this IPC had been even a little effective, then many Britishers would have been punished, not the freedom fighters. In fact, the main reason behind creating the IPC 1860 and Police Act 1861 was to prevent another revolt like that of 1857."

A 'One Nation One Penal Code' is thereby prayed for before the apex court via this PIL, expected to be heard next week.



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

sc-allows-manufacturing-of-green-crackers-in-delhi-subject-to-no-sale
Trending Judiciary
SC allows manufacturing of green crackers in Delhi, subject to no sale

SC allows certified manufacturers to produce green crackers in Delhi, but bans their sale in NCR till further orders, balancing pollution and livelihoods.

27 September, 2025 01:23 AM
kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email