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Formed in 1862, the Indian Penal Code completes 160 years of its existence. One of the prominent remains of the British era, IPC has been a part of Indian society. But has it served society according to its needs? Or does it still have a colonial hangover?
More important… has it been able to keep pace with the changing face of crime.
Applications beyond India
[A] Section 377: Homosexuality
This section prevented private consensual sex between adults of same sex. The Supreme Court of India decriminalised homosexuality by striking off parts of Sec. 377 of which were held violative of Fundamental Rights of LGBTQ Community under Art 14.
[B] Section 309: Attempt to Commit Suicide
The Section 309 of dealt with criminalizing attempt to suicide. This was however in P Rathnam v. Union of India held this section as unconstitutional and void for it violates Article 21.
[C] Section 497: Adultery
The Section was been criticised on the one hand for allegedly treating woman as the private property of her husband. The Supreme Court headed by the then CJI, Deepak Misra, pronounced that Section 497 is unconstitutional and hence, struck it down.
[D] Section 124A: Sedition
This section criminalises anti-national activities and sedition . Throughout India’s history this overbroad provision has been used to silence public figures, including Mahatma Gandhi. More recently it has been used to justify the harassment of protesters.
[E] Section 153A: Hate Speech
Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[F] Section 499: Criminal Defamation,
This section criminalizes defamation, can be used to secure a conviction without proof that actual harm has occurred – the intent or knowledge that harm would likely result is sufficient. Predictably, this provision has been used to silence political speech.
Other legacy challenges
The Malimath Committee (2003) has made following suggestions for a comprehensive for reforming and restructuring of IPC:
By: VISHAL GOYAL ProfileResourcesReport error
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