Comment: The old and new penal code

The penal code currently in force in the Maldives was passed in 1966. It has been almost 50 years since the law was enacted. In recent years, the economic and social condition of the Maldives has undergone major changes, but the appropriate changes were not made to the law.

We need to amend old laws to include new offences. For instance, credit card fraud was not something that was envisioned when the penal code was drafted. Credit card fraud is now prosecuted under fraud. However, as the act of having a credit card was not foreseen it is difficult to prove the offence.

The other problem with the current penal code is the effect historical realities had on its provisions, and the challenges to ensuring justice due to these effects.