‘Conundrum’ of Penal law in India: An overview of lacuna and its possible reforms 

Namita Jha
Campus Law Centre, University of Delhi, India.

Volume II – Issue I, 2020

With the recent development of law, Penal law in India has paradigm shift towards some landmark decision which changed the old age old notion. Still, after all these major changes, Indian Penal Code lacks some aspects regarding offenses, which are not grave in nature. Sedition is the recent example of this aspect, it creates offenses which are still continuing from the colonial era, when British use to suppress the dissent. In present days, irrational charges against the protesters and those who raise questions, displays its irreversible effect on modern democracy. Recent development in law, however lacks some area of law, where agencies need to be gender neutral. Adultery law, though has been declared unconstitutional, scraping it does not put a female on equal footing of man as an abettor, it penalizes only men. However, in changing dimension, women is equally empowering in modern age. Still, India still considers it morally and ethically wrong. This concept of law also focuses on the aspect of gender neutrality in sexual offenses, which should equally apply to transgender and male. NCRB data shows that the cruelty against transgender has increased in recent years and the non acceptance by the society makes the application of law weak and which creates hurdle for the implementation of law in sexual offenses also. The article also deals with the important part of the penal law, which need reform i.e. Extra-judicial killing by the police and armed force officers. The surge of cases in 7 years shows the unauthorized power use by the police officers against minor offenses accused also, resulting from irrational rage..


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