The promise of criminal law as an instrument of safety is matched only by its power to destroy. It is arguably the most direct expression of the relationship between a state and its citizens.
Amid the debate on the archaic sedition law that should have no place in democratic India, President Pranab Mukherjee said that the IPC, 1860 requires a thorough revision to meet the needs of the 21st century. Click here to know everything about sedition law
The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Government of India Act 1833 under the Chairmanship of Thomas Babington Macaulay<List down salient features of GOI act of 1833. Answer in comments.>
It came into force in British India(but not princely states) during the early British Raj period in 1862
After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code and later in B’desh also
Jammu and Kashmir does not follow IPC but has enacted a separate code known as Ranbir Penal Code (RPC) which is based on IPC
Some notable points:
The IPC replaced Mohammedan Criminal Law, which had a very close relationship with Islam. Thus, the IPC laid the foundation of secularism
It was widely appreciated as a state-of-the-art code and was, indeed, the first codification of criminal law in the British Empire
Today, it is the longest serving criminal code in the common-law world
Today, most of the commonwealth follows the IPC
Law Commission on IPC:
42nd Report (1971)– Law Commission of India for the first time had recommended the repeal of Section 309 (criminalization of suicide)
172nd Report (2000)– Recommended deletion of Section 377 (criminalization of unnatural sexual offences)
210th Report (2008)– Recommended Humanization and Decriminalization of Attempt to Suicide under Section 309
Past attempts at amendment:
Even though the IPC has been haphazardly amended more than 75 times, no comprehensive revision has been undertaken in spite of the 42nd report of the Law Commission in 1971 recommending it
Also the amendment bills of 1971 and 1978 lapsed due to the dissolution of the Lok Sabha
As a result, largely the courts have had to undertake this task, with unsatisfactory outcomes at times
Most amendments have been ad hoc and reactive, in response to immediate circumstances like the 2013 amendment after the Delhi gangrape case <criminal law amendment bill was passed>
Why amend IPC?
The philosophical stance and fundamental principles of Macaulay’s code were the product of imperialist policy <designed to meet colonial needs to subjugation and exploitation of India and Indians, sedition law for instance>
Some of the concepts underlying the code are either problematic or have become obsolete <Victorian morality which criminalized homosexuality for instance>
there are many new offences, which have to be properly defined and incorporated in the code <economic offences, cyber crimes for instance>
Macaulay had himself favoured regular revision of the code whenever gaps or ambiguities were found or experienced
In 1860, the IPC was certainly ahead of the times but has been unable to keep pace since then
Specific cases or problems:
Sedition law, inserted in 1898: It is legitimate to ask whether we need a law on sedition that we ourselves condemned during the Raj. Learn more about sedition law here
Section 295A, The offence of blasphemy: It should have no place in a liberal democracy <act of insulting or showing contempt or lack of reverence for God or religious things>
Criminal conspiracy: It can be invoked merely when two people agree to commit an offence without any overt act following the agreement.
It was added in 1913 by the colonial masters to deal with political conspiracies.
Kehar Singh etc were convicted and sentenced to death under the offence of conspiracy ,<assassination of Indira Gandhi>, though none of them participated in the actual crime or were present at the scene of the crime.
Section 149, Unlawful assembly: The principle of constructive liability under this law is pushed to unduly harsh lengths.
Mere membership of the assembly without any participation in the actual crime is sufficient for punishment.
Several persons have been sentenced to death and hanged though they were not even present near the scene of the actual crime.
The distinction between “culpable homicide” and “murder” is criticised as the “weakest part of the code”, as the definitions are obscure
Sexual offences under the code reveal patriarchal values and Victorian morality.
Section 377: Unnatural sexual offences (LGBT right). Want to know about argument of Delhi high court in decriminalizing homosexuality, click here to read about Naz Foundation case
Sedition, defamation cannot be invoked for criticism: SC
Context: The ongoing sedition debate in the country
SC: Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law
Had already made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court
Petition by Common Cause (NGO): Sedition is a serious offence and the law on it is being grossly misused for stifling dissent
Examples: Sedition charges being slapped on agitators protesting against Kudankulam Nuclear Power Project and cartoonist Aseem Trivedi etc
NCRB report: 47 cases of sedition were filed in 2014 alone and 58 persons arrested in connection with these cases, but the government has managed only one conviction so far
Background: Earlier, in August 2014,Govt had said that it would decriminalise suicide
The Law Commission of India in its 210 report on ‘Humanization and Decriminalization of Attempt to Suicide’ had recommended the removal of Section 309 from IPC
What next? Home Ministry is in the process of effacing the section as recommended by the Law Commission along with amendment of certain other sections of the CrPC and IPC in consultation with all stake holders
Loophole: There are suicide bombers who fail in their attempt to blow themselves up and other terrorists who consume cyanide pills with the intention to wipe out evidence
The Mental Health Care Bill,2013: Decriminalise suicide and provide better healthcare for people with mental illness
Provision: Any person who attempts suicide shall be presumed, unless proved otherwise, to have mental illness and shall not be liable to punishment under Section 309 of the Indian Penal Code
Section 309 IPC: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 1 [or with fine, or with both]