Indian Penal Code Faces Criticism

The Indian Penal Code is the ultimate account of all the Laws and the punishments liable in case of breach of any of them .This document has been a basis of the entire judiciary in India and has been used by law enforcers since the time of independence of the country. The Indian Penal Code has provided the law makers with a system of laws that is used as a reference in order to bring about any crucial judicial decision. The history of the Indian Penal code dates back to the days of the colonial rule over India, by the British. It came into being in and around the 1860s when the first Indian Law Commission was established to take major decisions about the governance patterns and laws of the biggest British colony- India. The commission that drafted the first copy of the Indian Penal Code was presided over by a learned and respected English law maker – Lord Maculay.It was under his supervision, that the Indian Penal Code acquired its basic form. Lord Macualy had taken reference from a number of already established documents and accounts of laws, which had been well tested in various countries in the world. The major ones included the Louisiana Code of law as well as the prestigious- French Penal Code. Even after a lot of changes and amendments made to the first, original copy of the document, the basic structure of the Indian Penal Code has remained the same since it’s very first draft.

The structure and the categories listed under the Indian Penal Code have always been intended to be versatile enough to cover all possible situations of crimes and breach of laws. In spite of the striving efforts of the law makers as well as enforcers, the Indian Penal Code has been constantly tested and put under a critics scanner at various instances. A section of the Indian Penal Code-Section 377 had to do with the rights of the sexual minorities in India. This had been harsh specially for those suffering from ghastly sexual diseases like HIV/AIDS.Thus, due to the increasing pressure from the human rights activists, this sectioned had to be reformed and was successfully executed. Another section 309 penalizes a person who unsuccessfully commits a suicide. This is not at all humane as what actually is needed in this case is to provide the person with proper counseling in order to counter the root cause of this kind of a harsh step.Thus, this section, that reflected a colonial outlook that impaired the citizens of it’s rights, has been done away with .There also used to be a section numbered 497 that inflicted punishment, even for sexual acts initiated with the consent of the two parties. This was highly unprogressive and was strongly objected. This has also been altered.

All in all, the Indian Penal Code of the present day has done away with almost all it’s flaws and has evolved into a modern law enforcing document, that takes into consideration the humane side of the personalities of culprits as well. This has escalated the Indian system of Law to greater heights and has led to a firm respect for it in every citizen of the country.

 

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