Indian Penal Code, Important Section, Criticism, Significance

Indian Penal Code

The Indian Penal Code (IPC) was created in 1860 based on the recommendations of the country’s first law commission, which was headed by Lord Macaulay and established in 1834 as part of the Charter Act of 1833. The Princely States, which had their own courts and legal systems until the 1940s, were the only princely states that were not covered by the Code when it entered into force on January 1, 1862, during British control, and it was applicable to all of the then-British India.

Indian Penal Code Meaning

The Indian Penal Code outlines what behaviours are considered crimes as well as the associated punishments. This Code is exhaustive in the areas in which it proclaims the law and unites the entire body of legislation on the issue. This body of substantive legislation is known as the Indian Penal Code. A law that specifies both criminal and civil law offences and penalties is said to be substantive law.

The law that defines punishable offences, along with their consequences or punishments, or both, is called the Indian Penal Code. The five kinds of penalties under this code are death, life in prison, general prison, confiscation of property, and fine. Mohammedan Criminal Law was used in India before the Indian Penal Code was implemented, and it applied to both Muslims and Hindus.

Indian Penal Code History

The Indian Penal Code draught was created in 1834 by the First Law Commission under the direction of Thomas Babington Macaulay and presented to the Governor-General of India Council in 1837. It is based on English law, which is free of extraneous details, technicalities, and regional variations. Additionally, the Napoleonic Code and Edward Livingston’s 1825 Louisiana Civil Code were used as sources.

The Indian Penal Code was changed after the first final draught was handed to the Governor-General of India in Council in 1837. The Code was finished in 1850 and handed to the Legislative Council in 1856, but it wasn’t until after the Indian Rebellion of 1857 that it was included in British India’s law book. Before being signed into law on October 6, 1860, the draught was meticulously edited by Barnes Peacock, who would go on to become the first Chief Justice of the Calcutta High Court. On January 1st, 1862, the Code became operative. Sadly, Macaulay passed away close to the end of 1859, thus he did not live to see the implementation of his masterpiece.

Indian Penal Code Important Section

511 sections are found in 23 chapters of the Indian Penal Code 1860 (Sections 1 to 511). The code begins with an introduction, offers examples and idiosyncrasies employed in it, and addresses a variety of offences. Below is a summary of the IPC’s Important Sections:

Indian Penal Code Significance

All Indian citizens who commit crimes or behave in a way that suggests wrongdoing on Indian Territory are subject to the provisions of the Indian Penal Code. The paper is applicable to both ships and aeroplanes using Indian airspace or seas. It acts as the benchmark document for all standards of decision-making and punishment in cases of wrongdoing or misconduct.

The Indian Penal Code’s most significant aspect is the impartiality that it encourages in its judgements. No special person or position is exempt from the Indian Penal Code. All pertinent criminal offences involving crimes against the state, common law offences, crimes against the armed forces, kidnapping, murder, and rape are covered by the Indian Penal Code. It addresses crimes involving religion, property, and features a crucial component for crimes involving marriage, abuse from partners or family members, defamation, and other things.

Indian Penal Code Criticism

The “Master and Servant” nature of the Indian Penal Code has been described, with several clauses having no place in an independent India. The Code stipulates that certain offences, including murder, rape, and waging war against the state, are punishable by the death penalty. Several human rights organisations have urged for the death sentence to be abolished, claiming evidence that it is not only arbitrary but also breaches the offender’s basic human rights.

TOver the years, this code has not been able to get rid of some of its colonial-sounding clauses, such sedition. The Malimath Committee report gave the Parliament the chance to amend the Code and other criminal statutes while promoting improvements to the criminal justice system. Since the study was filed 17 years ago, no significant actions have been taken in this direction. It is past time for the legislature to step in and update the Code to reflect current society instead of British colonisation. Because it is the legislature’s duty to do so in the first place, it does not reflect good on the legislature when the Supreme Court intervenes and invalidates laws.

Indian Penal Code UPSC

Overall, the Indian Penal Code has grown into a contemporary law-enforcing text that takes into account the humanitarian side of the personalities of perpetrators as well. It has practically all of its defects almost completely erased. All Indian citizens now hold a high regard for the legal system as a result of the legal system’s advancement and improvement. For all law enforcement officials and the entire Indian judiciary, the Indian Penal Code is the most crucial document.

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