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2020•Asian Journal of Comparative LawRequires access

The Penal Code of Bhutan: Broken from the Start?

Dema Lham, Stanley Yeo

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Abstract

Abstract The Penal Code of Bhutan was introduced just four years before that nation became a democratic state in 2008. After a brief outline of the origins of that Code, this article proceeds to describe the qualities of a ‘good’ code, as viewed by Thomas Macaulay, the principal drafter of the Indian Penal Code. Thereafter, the Penal Code of Bhutan is measured against these qualities and found to be wanting in many significant areas. This article concludes with two possible solutions to rectify this unsatisfactory situation.

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What this paper is about

Abstract The Penal Code of Bhutan was introduced just four years before that nation became a democratic state in 2008. After a brief outline of the origins of that Code, this article proceeds to describe the qualities of a ‘good’ code, as viewed by Thomas Macaulay, the principal drafter of the Indian Penal Code. Thereafter, the Penal Code of Bhutan is measured against these qualities and found to be wanting in many significant areas. This article concludes with two possible solutions to rectify this unsatisfactory situation.

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Available abstract

Abstract The Penal Code of Bhutan was introduced just four years before that nation became a democratic state in 2008. After a brief outline of the origins of that Code, this article proceeds to describe the qualities of a ‘good’ code, as viewed by Thomas Macaulay, the principal drafter of the Indian Penal Code. Thereafter, the Penal Code of Bhutan is measured against these qualities and found to be wanting in many significant areas. This article concludes with two possible solutions to rectify this unsatisfactory situation.

Key concepts: Penal code, Code (set theory), Principal (computer security), State (computer science), Political science, Law, Democracy, Criminology

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