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Lecture-1 (General Introduction) Indian Penal Code

The document discusses the origins and development of criminal law in India. It traces the evolution from ancient sources like Manu to the modern codified system established under British rule. Key events included the establishment of courts by the East India Company in the 1600s, the Regulating Act of 1773, and the landmark Charter Act of 1833 which led to the first Law Commission and eventual codification of the Indian Penal Code in 1860. It also discusses later recommendations to update the IPC, such as proposed by the Santhanam Committee on Prevention of Crime.

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Shubham Phophalia
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86 views

Lecture-1 (General Introduction) Indian Penal Code

The document discusses the origins and development of criminal law in India. It traces the evolution from ancient sources like Manu to the modern codified system established under British rule. Key events included the establishment of courts by the East India Company in the 1600s, the Regulating Act of 1773, and the landmark Charter Act of 1833 which led to the first Law Commission and eventual codification of the Indian Penal Code in 1860. It also discusses later recommendations to update the IPC, such as proposed by the Santhanam Committee on Prevention of Crime.

Uploaded by

Shubham Phophalia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Module-I

INTRODUCTORY
GENERAL INTRODUCTION

4/7/11 Lecture-1
Origin of criminal law

•  There was no criminal law in uncivilized society. Every man was liable to
be attacked in his person or property at any time by any one. The person
attacked either succumbed or over-powered his opponent.

•  The germs of criminal jurisprudence came into existence in India from the
time of Manu.

•  In Western jurisprudence, the real notion of crime percolated from the


Roman law.

•  In modern times, crimes have multiplied in an extraordinary degree. It has


revolutionised the concept of criminal law.

•  Various statutes have been enacted imposing different kinds of duties,


liablities and restrictions on individuals.

4/7/11 Lecture-1
Development of modern
criminal law in India
•  In 1600, Queen Elizabeth granted, a Charter which
incorporated the East India Company. The Charter gave the
company power to make laws.

•  In 1609, James I renewed the Charter, and in 1661 Charles II


gave similar powers while renewing it.

•  The Charter of 1668 transferred Bombay to the East India


Company, and directed that proceedings in Court should be
like unto those that were established in England.

•  The Court of Judicature was established in 1672 sat once a


month for its general sessions.

4/7/11 Lecture-1
Contd..

•  In 1683, Charles II granted a further Charter for establishing a


Court of Judicature at such places as the Company might decide.

•  In 1687, another Charter was granted by which a Mayor and


Corporation were established at Fort St. George Madras, in order
to settle small disputes.

•  In 1726, the Court of Directors made a representation to the


Crown for proper administration of justice in India in civil and
criminal matters. Thereupon, Mayors’ Courts were established for
proper administration of justice.

•  In 1753, another Charter was passed under which Mayors were


not empowered to try suits between Indians; and no person was
entitled to sit as a judge who had an interest in the suit.

4/7/11 Lecture-1
Administration of Criminal
Justice
•  In 1765, Robert Clive came to India for the third time and
succeeded in obtaining the grant of Dewani from the Moghul
Emperor. The grant of the Dewani included not only the
holding of Dewani Courts, but the Nizamat also.
•  In 1772, Warren Hastings, took steps for proper administration
of criminal justice. A Fouzdari Adalat was established in each
district for the trial of criminal offences. The Kazi or Mufti sat
in these Courts to expound the law and determine how far
criminals were guilty of the offence charged. In addition to
District Courts a Sudder Nizamat Adalat was also established.
•  In the Bombay Presidency, Hindu Criminal Law was applied to
the Hindus, and Muslim criminal law to the Muslims.

4/7/11 Lecture-1
Regulating Act of 1773

•  In 1773, the Regulating Act was passed, which affected


the administration of criminal justice. Under that Act a
Governor-General was appointed and he was to be
assisted by four Councillors.
•  A Supreme Court of Judicature was established at Fort
William, Bengal.
•  The Charter of Justice dated March 26, 1774, laid the
foundations of the jurisdiction of the Supreme Court,
and the justice administered in Calcutta remained so until
the establishment of the High Court under the Act of
1861.

4/7/11 Lecture-1
Contd..

•  In 1781, an amending Act was passed to remedy the


defects of the Regulating Act. This Act expressly laid
down and defined the powers of the Governor-General in
Council to constitute provincial Courts of justice and to
appoint a Committee to hear appeals there-from. The
Governor-General was empowered to frame regulations
for the guidance of these Courts.
•  In 1793, towards the close of Lord Cornwallis’ Governor-
Generalship, fresh steps were taken to renew the
Company’s Charter. Accordingly, the Act of 1793, which
consolidated and repealed certain previous measures, was
passed.

4/7/11 Lecture-1
1833-A Landmark in the
History of Codification
•  In 1833, Macaulay moved the House of Commons to codify the
whole criminal law in India and bring about uniformity.

•  He told the House of Commons that Mohamedans were governed


by the Koran and in the Bombay Presidency Hindus were
governed by the institutes of Manu. Laws were often uncertain
and differed widely from province to province.

•  Thus the year 1833 is a landmark in the history of codification in


India. The Charter Act of 1833 introduced a single Legislature for
the whole of British India.

•  The Legislature had power to legislate for Hindus and


Mohamedans alike for Presidency towns as well as for mofussil
areas.

4/7/11 Lecture-1
First Indian Law Commission

•  Accordingly, the first Indian Law Commission was constituted in 1834


under the Charter Act of 1833 to investigate into the jurisdiction, powers,
rules of the existing courts and police establishments and into the laws in
operation in British India:

•  and make reports thereon and suggest alterations having due regard to the
distinction of castes, religions and opinions prevailing among different
races and in different parts of the country.

•  Mr. (afterwards Lord) Macaulay was the President and Macleod,


Anderson, and Millet were the Commissioners of the Commission.

•  In preparing the Penal Code they drew not only upon the English and the
Indian laws and regulations, but also upon Livingstone’s Louisiana Code
and the Code Napoleon.

4/7/11 Lecture-1
Contd..

•  A Draft Code was submitted to the Governor-General in


Council on October 14, 1837. It was circulated to the Judges
and law advisers of the Crown.

•  On April 26, 1845 another commission was appointed to revise


the Code. This Commission submitted its report in two parts,
one in 1846 and the other in 1847.

•  Subsequently, the Bill was revised by Bethune and Peacock


who were Law Members of the Governor-General’s Council.

•  It was presented to the Legislative Council in 1856 and was


passed on October 6, 1860.

4/7/11 Lecture-1
Santhanam Committee on
Prevention of Crime
•  The Santhanam Committee on Prevention of Crime felt that
the Indian Penal Code, though a very comprehensive
compilation, does not fully meet the requirements of our
society after a century of its codification.
•  It does not cover many segments of our socio-economic life
with which we are required to contend today.
•  Thus, anti-social acts which could be described as economic
offences like profiteering, blackmarketing, hoarding,
adulteration of food-stuffs and drugs, trafficking in licences and
permits, tax evasion, usury, violation of rules regarding foreign
exchange etc. could be grouped together in one chapter of the
Code under the heading of “Economic Offences”.

4/7/11 Lecture-1
Contd..

•  Similarly social vices like corruption, casteism,


untouchability, trafficking in women and children and a
host of such other things could be grouped together
under a single chapter entitled “Social Offences” in the
Code itself.
•  Multiplicity of laws like multiplicity of charges is highly
misleading and adds to the difficulties of the common
man. The accused and perhaps the advocates on either
side.
•  So it is high time that we codified in simple language, the
bulk of our important penal laws at one place.

4/7/11 Lecture-1

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