Lawstreet Journal

One Nation One Penal Code: PIL by Advocate Ashwini Upadhyay seeks 'comprehensive and stringent law to replace outdated colonial-era IPC

Lawstreet Journal 19 Jul 2021 5:15pm

Image courtesy: Lawstreet Journal Judiciary One Nation One Penal Code: PIL by Advocate Ashwini Upadhyay seeks 'comprehensive and stringent law to replace outdated colonial-era IPC

A Public Interest Litigation has recently been filed in the Supreme Court seeking directions to the Centre for setting up a judicial panel or body of experts to draft a comprehensive and stringent legislation to replace and revamp the British-made Indian Penal Code as currently applicable.

As per the plea filed by Advocate Ashwini Upadhyay, India needs a comprehensive Penal Code that provides equal protection to all the citizens against all the offenses and secures the right to life, liberty, dignity, and the rule of law.

Commenting on it, the lawyer and BJP leader said that the apex court is the "custodian of the Constitution and protector of fundamental rights" and that it may direct the Law Commission India to examine "domestic and internal laws relating to corruption and crime and draft a stringent comprehensive Indian Penal Code within six months."

To this effect, the PIL read, "Direct the Centre to constitute a judicial commission or an expert committee to examine all domestic-internal laws relating to corruption-crime and draft a comprehensive stringent 'one nation one penal code' in order to secure the rule of law, equality before law and equal protection of laws."

Background of IPC: 

The Indian Penal Code (IPC) was formalized under British rule around 150 years ago. It specifies crimes and punishments that were drafted for the convenience of the colonial empire. While the legislation was way ahead of its time when implemented, it requires to be reworked in the context of modern democratic India.

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Tagged: Ashwini Upadhyay   Uniform Civil Code   Indian Penal Code  
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