The Draft Code aims to codify all the offences which were scattered or were unregulated. The main purpose of the Draft Code is to provide uniformity and consolidate laws into one single enactment.
The Draft Code does not define Public Justice, however, it provides for 14 instances when an act is deemed to be offence against public justice. The acts of forgery and perjury have been given utmost importance in the provisions relating to offence against the public justice. And they have come with new perspectives.
Punishing any act which obstructs judicial or investigation procedure is punishable under the Draft Code. The Draft Code further requires all citizens to report to concerned authority when there is commission of any crime. Failure to do so might be an act punishable under the Draft Code. A person instituting a malicious or frivolous complaint/suit is to be punished under the Draft Penal Code.
The laws concerning public interest, health, morality and safety were scattered in various legislation. Some acts were not criminalized or remained unregulated. The Draft Code consolidates all the acts relating to public interest, health, morality and safety in one single statute. Some of the acts put together by the Draft Code include acts of polluting water, forcing someone into begging, assisting and abetting prostitution and gambling etc. One of the new features of the Draft Code is that it criminalizes act which involves display of pornography in the public place. Further, any act or gesture which undermines social integrity or integrity of women, children of ethnic minority may be punishable under the Draft Code.
The Draft Code also has provisions regarding compensation. One can be skeptic regarding effective implementation of the provisions which have been main problem in Nepalese judicial system. The provisions are not victim sensitive. The compensation that is levied from the guilty person/convict goes to state treasury instead of victims. There are many cases where people institute malicious and frivolous suits to implicate or harass other person. There are measures to curb such practices but were unsuccessful. Many people fall prey to such ill practices and are subjected to confinement. These people must be strictly punished as their action has curtailed and infringed his personal liberty. The actions relating to domestic violence are regulated by a separate Act but the Act is not capable of discharging justice to victims. If the provisions relating to domestic violence could be consolidated into this chapter then there might be a possibility that those provisions can be effectively implemented. Further, the compensation aspect does not bear any correlation with imprisonment. The compensation or fine must be increased as the amount stipulated in the Draft Bill is not deterrent enough. Beside, judges tend to impose only fine rather than resorting to imprisonment.
The person who forces or asks another person to make fake document gets a lesser sentence/imprisonment than the person who is making fake document on behest of someone else. Further, the provisions only punish sexual activities which have been seen by public. She was of the opinion that if it comes to knowledge that sexual activities had taken place in a public place all guilty parties must be punished.
