One Nation One Penal Code: Plea Filed In Supreme Court

INTRODUCTION

• A plea has been filed in the Supreme Court seeking directions to the Centre to draft a comprehensive and strict penal code which would replace the ‘existing and outdated’ laws relating to crime and corruption.
• It has been filed by the BJP leader and Advocate Ashwini Kumar Upadhyay.

WHAT DOES THE PLEA STATE

• Without the implementation of a strict and comprehensive ‘One Nation, One Penal Code’, the Rule of Law and Right to life, liberty and dignity cannot be secured.
• It is essential to have specific chapters on bribery, money laundering, black money, profiteering, adulteration, hoarding, black marketing, drug smuggling, gold smuggling and human trafficking.
• It has also stressed upon the fact that the Committee for Reforms in Criminal Law, which was constituted by the Home Ministry in May 2020, constituted of 5 ‘male’ members and not a single former Supreme Court/High Court Judge, former Solicitor/Additional Solicitor General, retire IAS/IPS office, Social Activist and Journalist.

PETITIONER CONTENDS

• The petitioner has filed the plea through Advocate Ashwini Kumar Dubey.
• The petitioner contends that with the changing socio-economic developments and technological advancements, many of the provisions have become obsolete.
• Thus, restructuring of the IPC has become important.
• He further stated that crimes like mob lynching, financial crimes, white-collar crimes, economic crimes etc do not find proper recognition in IPC, 1860.
• The petitioner has also mentioned his disappointment over the inadequate punishment for crimes of grievous hurt.

OTHER CONTENTIONS

• He pointed out that offences like chain-snatching are registered as robbery or theft, ‘depending upon the mood of police.’
• Similarly pan India offences like witch hunting, honour killing etc are not included in IPC. The same offences has different sentence in different state.
• The petitioner has also argued that the Committee formed is neither inclusive nor competent enough to draft the new One Nation One Penal Code, making the executive action arbitrary and irrational.

WHAT DOES THE PLEA SEEK

• It also aims to replace the existing 161 year old ‘colonial’ Indian Penal Code of 1860.
• The plea also seeks constitution of a Judicial Commission or an Expert Committee which would examine all domestic and international laws relating to corruption and crime.
• It has requested for directions from the Law Commission of India for drafting a comprehensive and stringent IPC, relating to corruption and crime laws, within six months.
• It focuses on creating standardized punishment in IPC and makes them uniform.
• This would provide equal protection to all the citizens against the offences.
• It has also urged the Court to pass appropriate orders and directions which would improve India’s Ranking in Rule of Law Index and Corruption Perception Index.

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