The Draft Code is being enacted to replace the Muluki Ain. It does not however disclose why the change or overhauling of the Muluki Ain was needed.
The Draft Code regulates the acts which were earlier regulated by Muluki Ain and does not have any radical change in legal provisions.It criminalizes 8 acts including acts of espionage.
The Draft Code aims at repealing the Espionage Act, 2018. However, it criminalizes act of accumulation of arms and treasury in two separate provisions. This repetitive criminalizing of same act is inconceivable.
The act of treason is punishable with incarceration for life or 15 years. However, the terms of life sentence or 15 years should be avoided. The drafter should either use life sentence or imprisonment up to 15 years.
The drafting of the Draft Code is fundamentally flawed as two acts of different degree of offence are clubbed together. Further, the Draft Code punishes many acts but fails to define the offence per se or the element constituting the offence.
The Draft Code criminalizes 14 acts as offences against the Public tranquility. It is clear that most of the acts there are interrelated and very similar in nature. There was no law to regulate unlawful assembly before. Hence the provision regarding unlawful assembly is a welcome move as much needed provision. The provisions regarding offences against public tranquility are also important.
Overall, the offences based on the nature and degree of crime must be segregated with appropriate punishments. Further, the provisions must define the crime and the elements constituting them for effective implementation.
Regarding the offence relating to arms and ammunition, the definition of arms and ammunition must be widened to include tools which cause physical or grievous hurt.
Any act which obstructs a government or state function must be brought under the offences against public tranquility. This step will widely help land acquisition process and assist in rapid development of the country. The concept regarding common intention must be clarified to prevent innocent individuals from being victimized.
The reason why only attack on the President constitutes offence against the state was mainly because the President is regarded as the head of the state. However, even Prime Minister and other constitutional heads must be included.
