Saturday, August 19, 2023

Faizan Mustafa writes: New penal code falls short of its laudable objectives..

 Criminal law’s promise 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. In no other branch of law is more at stake not only for the individual but also the community. Only the coming decades can tell to what extent the three new Bills meet the stated objectives of improving law and order, simplifying the criminal justice process and achieving the laudable goal of “ease of life”. Ideally, making criminal law compatible with the constitutional vision should have been the foremost object of the new codes.

Home Minister Amit Shah, like Macaulay, will be remembered for initiating a sea change in Indian criminal law. The 42nd report of the Law Commission, 1971 had proposed a revision of the Indian Penal Code (IPC). But the amendments in 1972 and 1978 lapsed due to the dissolution of Lok Sabha.


RADHE RADHE


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