THE INDIAN PENAL CODE

HISTORY

Dr. K.GANESAN
ASSITANT PROFESSOR(SR)
VITSOL
 INTRODUCTION

• In ancient communities the guilty intention

was not a necessary element of crime.
• So there was no Law of crimes, it is only about
wrongs.
• Further there was no such classification of
wrongs as torts and crime.
ANCIENT HINDU CRIMINAL LAW
• This above view of ancient penal Law, though
true in case of all systems of the world, but it
is not correct in case of ancient Hindu Criminal
Law.
• In the Hindu Law importance is given for
punishments of crimes rather compensation
for wrongs.
• But in certain circumstances wrong-doer had
to compensate the victim.
• In western criminal jurisprudence the right to
punish the offender lay in the hands of
individual.
• This right was transferred only during middle
ages from individual to the society and later to
the state.
• But in ancient Hindu Law it was the duty of
the king to punish the offender.
MOHAMMEDAN CRIMINAL LAW
Mohammedan criminal law came in to existence
after the conquest of muslim.
This law was based on Quron and Hadis.
It was developed through Jima and Kiyas.
Crimes were classified into two classes:-
1. Crimes against God. ( Ex-drunkenness)
2. Crimes against man. (Ex-murder)
• The offences against God were considered as
public wrongs and could therefore, be punished
by community or society.
• The offences against man were private wrongs
and therefore could be punished by individuals.
• This is because in most of the cases crime was a
wrong done to the individual and not to the state.
So prosecution lay in the hands of the individual.
• The rules of evidence were also defective and
against the rules of natural justice.
 ENGLISH CRIMINAL LAW
• When East India Company took over the
administration of Indian Dominion, at that
time Mohammedan Criminal law was in force.
• In the beginning they adopted the policy of
maintaining status quo.
• Then efforts were made to remove defects.
• The first attempt was by Warren Hastings to
eradicate punishment of mutilation for
dacoity.
• Some important criminal reforms were made by
Lord Cornwalis by making murder has a public
wrong.
• Efforts were made to rationalize the punishment
by making it proportionate with the crime .
• But the changes introduced in mohammedan
criminal law were not uniformly applicable to all
presidencies.
• Later on it was realized that no satisfactory
improvement was possible by piece meal
legislation and a penal code was thought
necessary.
• The 1st Law Commission was appointed in 1834
with Lord Macauley as its chairman.
• Sarvshri Macleod, Anderson and Millet were the
other members of the Commission.
• The commission prepared a draft Penal Code of
India which was submitted to the Governor
General of India in Council on 14-10- 1837.
• It was presented to the Legislative Council in
1856.
• The Bill was passed on 06-10-1860 and
received the accent of the Governor General
on the same date and thus become the Indian
Penal Code, 1860 and came in to operation on
01-01-1862