Monday, August 13, 2012

Indian Penal Code and brief note on Sedition Law

So far, we've heard and studied of sections and codes of Indian Penal Code through media and newspapers but is not aware of what is IPC. I'll give a glance about it.

what is Indian Penal Code?
    Indian Penal Code is a document that describes the criminal laws which comes in action when any anti societal activities takes place like murder, family disputes etc., For any offense, Justice is given after having strong discussions based on the sections and rules by the jurists who argue in account of the persons who approached for Justice .

When did it come into act?
    Indian Penal Code has its history during British regimen. British Government established a Law Commission to make a draft about how a society must run and how it should be controlled from social evils. It brought into act during 1860s after referencing many countries law procedures. The credit of drafting the penal code goes to the first law commission head Macaulay.

What is Law Commission?
   Law Commission is an executive body that works as an advisory body to the Ministry of Law and Justice. It is an ad-hoc body.  It works for legal reforms in the laws i.e., to restructure or to update or to bring new laws into the system to promote good governance under the rule of law. To do this task the Government of India appoints legal experts. Present 19th Law Commission chairman is P.V.Reddy.

What does Indian Penal Code contain?
   Indian Penal Code, 1860 contains 23 chapters and five hundred and eleven sections. It is a reference to laws relating to various offences depending on its ambit. It covers all areas of criminal law. Constitution Of India(COI) is a strong base on which the laws are made in the IPC. The laws are made respecting the COI guide lines.

What if Laws are made against human rights?
  India is a democratic country where we have a right to expression. So, if any law is made against beliefs of the society, then people can strongly demand for repeal or modification of the law. Hence changes can be made to it.

Sedition Law:
  Some laws in India dates back to the British implemented laws and those are still in use. Among them is the Sedition Law.

What does Sedition Law say?
  We feel proud of  our Constitution that it gives the citizen freedom of speech i.e., freedom of expression. But a law in Indian Penal Code breaks this right because the law says that any expression that ill-uses against and shows alienation towards the Government is treated as an offense and shall be punished with imprisonment.
  It came recently into light years after in the case of Dr. Binayak Sen, a social activist who was accused for supporting naxalism activities as he opposed the government for anti-Naxalist operations.

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