Sansad TV Perspective: 160 years of the Indian Penal Code

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: 160 years of the Indian Penal Code

Anchor: Teena Jha

Participants:

1. Dr. Amar Patnaik, MP, Rajya Sabha, BJD
2. Satya Pal Jain, Additional Solicitor General of India
3. Rekha Aggarwal, Advocate Supreme Court

Context:

The Indian Penal Code commenced on 1st of January, 1862 and completes 160 years of its existence in 2022. The penal codes exemplify the remains of the British era and are an integral part of Indian society. As time took progressive steps, society underwent considerable changes with the emergence of crimes in new forms and shapes. It is inferred by many legal minds that the Indian Penal Code of the colonial era is in dire need of reformation in order to address and regulate the implications of crime born out of the dynamism of our society.

Highlights of the Discussion:

• The Indian Penal Code has contributed significantly as the main criminal code of India and has facilitated the proper operation of the societal systems. 
• This set of codified laws delivered a strong foundation towards the criminal trials with the legal frameworks of Criminal Jurisprudence, Code of Criminal Procedure and the Indian Evidence Act. 
• It covers crimes of varieties such as kidnapping, murder, rape, terrorism, theft and so on and so forth along with some categorical offences related to religion, property and marriage. 
• No criminal trial can proceed without the execution of the IPC sections.

Some of the challenges of the legal system:

• Despite the unequivocal merits of the Indian Penal Code that offers a holistic approach towards dealing with crimes there is the predominance of some draconian laws that need a thorough introspection and a revisit by the legal luminaries. For instance Section 124A of the IPC which deals with Sedition is alleged to be misused, abused and overused. Its historic clashes with the freedom of speech and expression enshrined in Article 19 (Freedom of Speech) of our constitution have been a major argument of the proponents who believe that such laws must be dispelled from the statute book of our country. 
• Delays in criminal trials pose a major challenge in the way of justice and seeks more coordination between the stakeholders of the legal system. 
• Lack of awareness among people regarding the criminal laws adds to the weak functioning of the legal system even after the existence of a comprehensive legal framework codified in the form of penal codes that witnessed its 160th anniversary in 2022.
• The arcane language of the laws mentioned under IPC forms a barrier for the legal interpreters and the common citizens which results in the delay of justice and adds loopholes in the entire system. 

Measures Suggested by the Experts:

• The IPC has been considered as the best legislation that a human mind can think of and the First Law Commission that drafted it has been acknowledged for enforcing such a remarkable framework that continues to stand relevant in regulation, mitigation and prevention of crimes in the country. 
• On the other hand, the contentious side of IPC has been addressed and discussed in the winter session of the Parliament  to increase the effectiveness of the sections of penal code along with the setting up of a committee to suggest reforms.  
• As certain areas of the IPC are in conflict with the aspirations of the Constitution and are said to be rooted in colonial ideas, there is an urgent need of intervention by the law makers, judicial thinkers and other legal minds to retrieve the faith of the citizens in the legal system. 
• People are to be made aware of the important laws so that they are not hesitant to avail legal aid. 
• There is also an increasing need for legal experts to deal with the international disputes. 
• It has been suggested that the reforms concerned with the IPC must ensure a faster criminal trial with a legal system that is affordable, accessible and responsible. 
• It has been rightly mentioned by an expert that the efficiency in the implementation of laws must be a key factor in reforming the IPC.
• Suggestions were conveyed to the Ministry of Home Affairs to include the new age crimes to be brought under the legal purview which are not mentioned in the IPC.
• The misuse of laws by the perpetrators and the judicial system must be prevented in order to restore the trust of the people in the justice delivery system. 
• A shift from punitive deterrence to working for the welfare of the disadvantaged section of the society must be an area of emphasis when we talk about reforms in the legal system. 
• With ever increasing cases of Cybercrime the IPC is in dire need of intervention to prevent such crimes and the laws passed by the Parliament must exhibit alignment with the sections of the penal code. This will uphold the characteristics of a vibrant democracy with a responsive legal system that is citizen centric, evolving with the changing needs and equal for all. 

Read in details about the Indian Penal Code in the linked article.
Read more summaries of Perspective in the link.

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