Comparison Of Afghan Penal Code With Indian Penal Code
⚖️ High-Level Comparison: Afghan Penal Code vs. Indian Penal Code
| Aspect | Afghan Penal Code (2017) | Indian Penal Code (1860) |
|---|---|---|
| Origin | Islamic & civil law hybrid | British colonial legal system |
| Influences | Islamic Sharia, civil law (mainly France/Egypt) | Common law traditions |
| Language | Dari & Pashto | English & local languages |
| Structure | 916 Articles across 3 Books | Divided into 23 chapters, 511 Sections |
| Reforms | Major reform in 2017 to modernize the code | Ongoing amendments, but still based on 1860 code |
| Death Penalty | Legal in serious crimes | Legal but rarely used |
| Religious Crimes | Recognized (e.g., apostasy, zina) | Not recognized |
Now, let’s explore detailed case comparisons across six key areas, showing how similar crimes were treated under both codes.
📚 Comparative Case Explanations (Afghanistan vs. India)
1. Murder / Homicide
🔹 Afghan Case: Kabul, 2019
Facts: A man killed his neighbor during a property dispute.
Law Applied: Article 395 (Intentional Murder).
Sentence: Death penalty, but later commuted due to victim’s family accepting diya (blood money).
Significance: Highlights Islamic influence—qisas and diya play a role in sentencing.
🔹 Indian Case: State of Punjab v. Gurmit Singh (2004)
Facts: Murder during land conflict.
Law Applied: IPC Section 302.
Sentence: Life imprisonment.
Significance: No scope for victim’s family to pardon in murder; state prosecutes independently.
🧠 Comparison Insight:
India treats murder as a crime against the state, whereas Afghan law allows private reconciliation, reflecting Islamic principles.
2. Theft
🔹 Afghan Case: Herat, 2020
Facts: A man caught stealing mobile phones.
Law Applied: Article 473 (Theft); sentence depends on value and intent.
Outcome: 2 years imprisonment, no corporal punishment.
🔹 Indian Case: State v. Gopal Singh (Delhi, 2012)
Facts: Theft of electronics.
Law Applied: IPC Section 379.
Outcome: 3 years imprisonment with fine.
🧠 Comparison Insight:
Both countries treat theft similarly—no religious penalties and focus on intent and value of stolen goods. Sentencing is proportional.
3. Adultery / Zina
🔹 Afghan Case: Nangarhar, 2018
Facts: Unmarried couple arrested after being caught together.
Law Applied: Article 648 (Zina), incorporating Hanafi jurisprudence.
Outcome: 5 years imprisonment, community backlash.
🔹 Indian Case: Joseph Shine v. Union of India (2018)
Facts: Challenged IPC Section 497 (Adultery).
Outcome: Supreme Court struck down adultery as unconstitutional.
🧠 Comparison Insight:
Afghan law still criminalizes consensual sexual relations outside marriage, while India decriminalized adultery, citing personal liberty.
4. Corruption
🔹 Afghan Case: Balkh, 2021
Facts: Government official caught embezzling public funds.
Law Applied: Articles 403–406 (Corruption & misuse of position).
Outcome: 7 years imprisonment + asset recovery.
🔹 Indian Case: State v. A. Raja (2G Spectrum Scam, 2017)
Facts: Telecom minister accused of corruption.
Law Applied: Prevention of Corruption Act + IPC.
Outcome: Acquitted due to lack of evidence.
🧠 Comparison Insight:
Both systems criminalize corruption, but Afghanistan imposes stricter penalties, while Indian outcomes often depend on procedural rigor and political factors.
5. Sexual Assault
🔹 Afghan Case: Kabul, 2020
Facts: Woman assaulted by employer.
Law Applied: Article 636 (Sexual Assault without consent).
Outcome: 10 years imprisonment.
🔹 Indian Case: Nirbhaya Case (2012)
Facts: Brutal gang rape on bus in Delhi.
Law Applied: IPC Sections 376 (rape), 302 (murder), 34 (common intent).
Outcome: Death penalty for 4 convicts.
🧠 Comparison Insight:
Both systems are harsh on sexual violence, but India has specific laws and fast-track courts post-Nirbhaya, while Afghan law blends modern legal definitions with cultural considerations.
6. Juvenile Justice
🔹 Afghan Case: Mazar-e-Sharif, 2021
Facts: 14-year-old charged with robbery.
Law Applied: Juvenile Code + Penal Code Article 14 (age of criminal responsibility = 12).
Outcome: Rehabilitation order, not jail.
🔹 Indian Case: 2012 Delhi Gang Rape Juvenile
Facts: One of the rapists was a minor (17 years old).
Law Applied: Juvenile Justice Act (amended after the case).
Outcome: Sent to reform home for 3 years.
🧠 Comparison Insight:
Both countries have separate procedures for juveniles, with India increasing severity post-2012 reforms. Afghan law emphasizes rehabilitation, but implementation varies.
✅ Final Takeaways
| Legal Issue | Afghan Penal Code | Indian Penal Code |
|---|---|---|
| Murder | Islamic influence (diya, forgiveness) | Treated purely as state crime |
| Theft | Value-based sentencing, no corporal punishment | Similar approach under IPC |
| Adultery | Criminalized (zina) | Decriminalized post-2018 |
| Corruption | Harsh punishments, active enforcement | Legal provisions exist but slow trials |
| Sexual Assault | Criminalized with prison terms | Tougher laws post-Nirbhaya |
| Juvenile Offenders | Focus on rehabilitation | Reform home; now harsher for heinous acts |
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