ESSENTIALITY OF AMENDMENT OF PENAL CODE 1860: A STUDY

Abstract

This paper critically examines the essentiality of amendment of several sections of the Penal Code 1860 in respect of enhancing the punishment for certain offences namely gang rape, rape by public servant, rape victim being minor under 12years of age; adultery, mischief, food adulteration etc. at the present age. It also critically analyses the provisions on adultery considering it discriminatory one. It argues that Law of the land in a dynamic society requires to be reviewed and updated to fulfil the demand of time. So is essential in the case of the general penal provisions of the state described in the concerned sections in the Code. With the passage of time, circumstances, tendency and techniques of committing crimes change, and so punishment provided for several offences requires to be enhanced to prevent occurrence of those offences. So it needs to change the concerned law. Amendment of more than one and a half century old the Penal Code, 1860 is the essentiality of time.