38.6c New Delhi, India, Monday, May 20, 2024
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One Nation One Penal Code: PIL by Advocate Ashwini Upadhyay seeks 'comprehensive and stringent law to replace outdated colonial-era IPC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

supreme-court-refuses-to-entertain-plea-for-stay-on-new-criminal-laws
Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
scba-election-result-2024-know-the-newly-elected-members
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM

TOP STORIES

sc-issues-notice-to-ed-on-hemant-sorens-plea-against-arrest-in-land-scam
Trending Judiciary
SC Issues Notice to ED on Hemant Soren's Plea Against Arrest in Land Scam

Supreme Court issues notice to ED on Hemant Soren's plea against arrest in a land scam case, sets hearing for May 17 after senior advocate Kapil Sibal's request for an earlier date.

14 May, 2024 11:24 AM
3800-metric-tonnes-of-solid-wastes-going-untreated-everyday-in-delhi-sc-records-concern
Trending Environment
3,800 metric tonnes of solid wastes going untreated everyday in Delhi SC records concern

The Supreme Court expressed concern as 3,800 metric tonnes of solid waste in Delhi go untreated daily. The issue must be addressed promptly beyond political lines.

14 May, 2024 11:30 AM
plea-filed-in-sc-for-review-of-april-26-evm-vvpat-verdict
Trending Judiciary
Plea filed in SC for review of April 26 EVM VVPAT verdict

A plea has been filed in the Supreme Court to review its April 26 verdict on EVM VVPAT verification, challenging the decision that dismissed a demand for 100% vote cross-verification.

14 May, 2024 12:13 PM
ai-cant-detect-consent-microsoft-and-google-tell-delhi-high-court
Trending Judiciary
AI can’t detect consent Microsoft and Google tell Delhi High Court

Microsoft and Google tell Delhi HC that AI can't detect consent for NCII takedowns, challenging a 24-hour removal directive under IT Act's safe harbour protections.

14 May, 2024 01:33 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email