Lord Thomas Babington Macaulay, a former British parliamentarian, drafted the Indian Penal Code (IPC) in 1860, adopted on October 6 of that year. It was designed not to ensure justice, but to establish administrative control over colonial India. Today, as we reflect on this date, it’s worth asking: Can a 19th-century colonial law still serve the justice needs of a 21st-century Bangladesh?

The IPC became the foundation of criminal law across the Indian subcontinent. After the 1947 Partition, Pakistan retained the code, and independent Bangladesh in 1971 declared that all existing laws would remain in effect until amended or repealed. Thus, the Bangladesh Penal Code of 1860 remains the backbone of our criminal justice system.

But the world has changed. Society, technology, and crime have evolved far beyond what Macaulay could have imagined. The 1860 law does not address issues like cybercrime, digital fraud, data breaches, or modern financial crimes. Certain sections on sedition and defamation also restrict freedom of expression. Provisions related to women’s safety, sexual offenses, and domestic violence remain outdated and insensitive. Punishments, too, reflect an era long gone—prison terms and fines that fail to deter or reform.

Recognizing these limitations, India replaced the IPC in 2023 with the Bharatiya Nyaya Sanhita, which includes sections on cybercrime, organized crime, and gender-based violence. The UK, Canada, and Singapore have also modernized their criminal laws to align with digital realities and human rights standards. Bangladesh, therefore, must begin the same process—to design a code that reflects its people, culture, and present-day challenges.

However, rewriting a criminal code is no simple task. It demands deep research, political will, and social consensus. An interim government, with limited time and mandate, may find it difficult to undertake such a complex and politically sensitive reform. Changes in penal law often spark debate, especially before elections. Moreover, new laws require trained law enforcement, technological infrastructure, and widespread public awareness—none of which can be achieved overnight.

The next elected government, therefore, must make this reform a national priority. It should form a Law Reform Commission composed of jurists, sociologists, and technology experts. The commission should invite public consultation, hold hearings, and draft a phased plan—starting with the most urgent revisions. Legal education and training for judges, police, and administrators must also be updated to ensure effective implementation. Public campaigns should raise awareness about legal rights and responsibilities. International best practices should be studied to keep Bangladesh’s reforms in line with global human rights standards.

Building a new penal code will take time, courage, and vision. But with firm leadership and public participation, it can be done. A modern legal framework will not only punish crime but also protect citizens, strengthen justice, and build trust in state institutions.

To create a just and sovereign Bangladesh, we must review and reform colonial-era laws that no longer serve our people. Law should stand beside citizens, not above them. The day we establish a truly homegrown, modern penal code—and teach it to future generations—will be the day Bangladesh steps forward as a nation founded on justice, rights, and humanity.