BLOG- The Development of Criminal Law in India

The Development of Criminal Law in India-

The criminal branch of law impacts each life to a great extent. What amounts to crime has no clear definition. But, crime could be said to be an act or omission which is prohibited by the law. The concept of crime differs in each sector, society, group, and is subject to different ideas, morals, traditions, taboos and even time. What may have been considered crime long ago may not be a crime today? Or what may be a crime today may not be a crime in the future. To develop a clear understanding of the criminal branch, one needs to understand its history.

Ancient India: Criminal Law during the Hindu Period-

The branch of criminal jurisprudence dates as early as to the era of Manu.[1] He put forward a digest which laid down not only a comprehensive code of the ordinances relating to the law but also brought to light the traditions, customs, practices and religion of people.

The concepts of adultery, libel, slander, theft, homicide, gambling, battery, assault, robbery, false evidence, criminal breach of trust were well recognised as crimes by Manu. What is to be noticed is that the current law i.e Indian Penal Code gives a major place to all of these offences. In the ancient era, justice was either dispensed by the Kings themselves or by officers or judges appointed by them.

Also, private and public wrongs were not distinguished then, but criminals were distinguished as either hardened criminals or casual offenders[2]. Similar to the concept of Chapter IV of the IPC, exemption from criminal liabilities was prevalent. The private defence was a well-established right.

Criminal Law and The Mohammadan Era-

India worked on the lines established by Manu till the Mohammedan era came into the picture. The Muslim law was guided by the Koran. The administration was handled by the Kazis. Nature of the offence determined the punishment. The concept of duty which is relative to the importance of the subject matter was blended with concepts like sin, moral and social obligation, religion and crime.

Kisa(retaliation), Hadd (Fixed Punishment), Diyut (blood money) and Tazir or Syasa (discretionary or exemplary punishment) were the four forms of punishments. However, they were subject to the decisions of the Kazis. Thus the rule was not uniform.

Modern India and Criminal Law-

When the British arrived in India, the Muslim law was prevalent. But there were many problems faced due to its state and thus the English law was considered as a guide. The English law came to b practised in the presidency towns with the Portuguese law being the first to replace the Muslim law in Bombay. The same was followed by The Company’s Laws of 1670 and later, under a Charter of 24^th September 1726, the Mayor’s Court was established and authoritatively, the English common law was administered in Bombay.

The East India Company, in its administrative capacity, exercised jurisdiction in the Madras and Calcutta through courts which extensively followed the English Criminal Law. Similar to the case of Bombay, Mayor’s Court was also established in Madras and Calcutta by the Charter of 1726. All the courts, however, followed their own course of action which resulted in conflicting decisions often.

The Indian Penal Code, 1860-

The Governor-General of India appointed “the Indian Law Commissioners” by the virtue of Government of India Act, 1833, Section 53. The First Law Commission of India was constituted in 1834 which submitted a draft code in 1837. The second law commission again submitted the report in two parts in 1846 and 1847 respectively. It was revised thoroughly by Benthune and Peacock which was submitted in 1856 to the legislative council.

The Indian Penal Code was brought into force on January 1, 1862, after receiving the assent of the Governor-General in Council on October 6, 1860.

References

[1] Essays on IPC, Indian Law Institute (1962), p. 1

[2] The Indian Penal Code, by K. D. Gaur

By Maahi Mayuri

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