Indian Laws That Need Amendment
India has a complex legal system that is in need of several amendments to
better serve the needs of its citizens. In this article, we will discuss some of
the key areas where Indian laws require amendment and why these changes are
necessary.
The Indian Penal Code (IPC)
The Indian Penal Code (IPC) is the main criminal code of India and contains
provisions for a wide range of crimes. Despite being a comprehensive code, the
IPC is in need of several amendments to make it more effective and in line with
contemporary realities.
One area where the IPC requires amendment is in relation to the definition of
rape. The current definition of rape is limited to the non-consensual
penetration of the vagina, leaving out other forms of sexual violence such as
oral and anal rape. This narrow definition of rape makes it difficult for
victims of these forms of sexual violence to seek justice and for perpetrators
to be held accountable.
Another area where the IPC requires amendment is in relation to the punishment
for crimes. In many cases, the punishments prescribed by the IPC are inadequate
and do not serve as a deterrent to would-be perpetrators. For example, the
punishment for acid attacks is imprisonment for a term of not less than 10
years, which is often seen as too lenient.
The Code Of Criminal Procedure (Crpc)
The Code of Criminal Procedure (CrPC) is the primary legislation that governs
the criminal justice system in India. Despite being a comprehensive code, the
CrPC is in need of several amendments to make it more effective and in line with
contemporary realities.
One area where the CrPC requires amendment is in relation to the speed of
trials. The current system is plagued by delays and long wait times for trials,
making it difficult for victims to seek justice and for perpetrators to be held
accountable. This can be addressed through amendments to the CrPC to streamline
the trial process and to reduce the wait time for trials.
Another area where the CrPC requires amendment is in relation to the use of
bail. The current system allows for the easy release of accused persons on bail,
even in cases where there is strong evidence against them. This can be addressed
through amendments to the CrPC to make it more difficult for accused persons to
obtain bail in such cases.
The Protection of Children from Sexual Offences Act (POCSO)
The Protection of Children from Sexual Offences Act (POCSO) is a comprehensive
law that governs the protection of children from sexual offences in India.
Despite being a comprehensive law, the POCSO is in need of several amendments to
make it more effective and in line with contemporary realities.
One area where the POCSO requires amendment is in relation to the definition of
child sexual abuse. The current definition of child sexual abuse is limited to
sexual acts, leaving out other forms of abuse such as emotional and
psychological abuse. This narrow definition makes it difficult for victims of
these forms of abuse to seek justice and for perpetrators to be held
accountable.
Another area where the POCSO requires amendment is in relation to the punishment
for crimes. In many cases, the punishments prescribed by the POCSO are
inadequate and do not serve as a deterrent to would-be perpetrators. For
example, the punishment for child trafficking is imprisonment for a term of not
less than seven years, which is often seen as too lenient.
The Indian Evidence Act
The Indian Evidence Act is the primary legislation that governs the
admissibility of evidence in Indian courts. Despite being a comprehensive law,
the Indian Evidence Act is in need of several amendments to make it more
effective and in line with contemporary realities.
One area where the Indian Evidence Act requires amendment is in relation to the
admissibility of electronic evidence. With the increasing use of technology,
electronic evidence has become a critical component of many cases. However, the
current provisions of the Indian Evidence Act do not adequately address the
admissibility of electronic evidence, making it difficult for this type of
evidence to be used in court.
Amendments to the Indian Evidence Act are necessary to ensure that electronic
evidence is given the same weight as other types of evidence and to ensure that
it can be easily admitted in court.
Another area where the Indian Evidence Act requires amendment is in relation to
the treatment of victim and witness testimony. In many cases, victim and witness
testimony is not given the same weight as other forms of evidence, making it
difficult for victims and witnesses to seek justice. Amendments to the Indian
Evidence Act are necessary to ensure that the testimony of victims and witnesses
is given the same weight as other forms of evidence and to ensure that it can be
easily admitted in court.
Conclusion
There are several Indian laws that require amendment to better serve the needs
of its citizens. These amendments are necessary to ensure that the legal system
is effective, in line with contemporary realities, and able to provide justice
to all citizens. It is important that the government take proactive steps to
make these amendments and ensure that the legal system is able to meet the needs
of the country and its citizens.
Written By: Abdul Haseeb, National Law University Lucknow
Law Article in India
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