How the Indian Penal Code came into existence under British colonial rule

  • August 14, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments

 

 

How the Indian Penal Code came into existence under British colonial rule

Subject :Polity

Section: Constitution

Context

  • Union Home Minister Amit Shah introduced the bills on August 11 in the Lok Sabha.
  • The proposed bills are the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill.
  • The bills aim to replace the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act.

Historical Background of the IPC

  • The IPC was enacted in 1860 during the aftermath of the Rebellion of 1857.
  • It was conceptualized by Thomas Babington Macaulay, a prominent British figure.

Critique of Current Laws

  • Amit Shah’s criticism of the current laws highlights their colonial origins.
  • The assertion that these laws were created to serve British interests is a thought-provoking critique.
  • The IPC, CrPC, and Evidence Act were enacted during the British colonial rule in India, which influences their inherent biases.

Historical Context of the Indian Penal Code

  • Enacted in 1860, the IPC came into force on January 1, 1862.
  • Its status as the longest-surviving code in the common law world underscores its historical significance.
  • The IPC’s formulation occurred during a period of British colonial dominance, shaping its underlying principles.

Need for Codification

  • The expansion of British colonial control led to administrative challenges in India.
  • The legal landscape comprised various sources of law, including Parliamentary Charters, Acts, Company Regulations, and customary laws.
  • Codification was viewed as a way to facilitate modernization and align with the British “civilizing mission.”

Influence of Jeremy Bentham

  • Macaulay drew inspiration from the ideas of Jeremy Bentham, an English philosopher.
  • Bentham’s advocacy for a comprehensive and utilitarian-based legal code influenced Macaulay’s approach.
  • Bentham’s concern about the complexity of England’s legal system spurred his call for a “complete code of laws.”
  • Barry Wright’s book “Macaulay’s Indian Penal Code: Historical Context and Originating Principles” provides insights into the influence of Bentham’s ideas.

Macaulay’s Drafting of IPC

  • The British Parliament’s 1833 Government of India Act (charter act) initiated the process of British rule organization in India.
  • A law commission, led by Macaulay, was established to modernize laws and colonial governance.
  • Macaulay’s focus on criminal law led to the completion of the initial IPC version in 1837.
  • The IPC’s foundation on British common law marked a departure from existing Indian legal practices.
  • David Skuy’s book “Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent Superiority and Modernity of the English Legal System Compared to India’s Legal System in the Nineteenth Century” offers insights into the IPC’s origins.

Rebellion of 1857 and IPC

  • The Rebellion of 1857, also known as the Indian Mutiny or Sepoy Mutiny, was a widespread uprising against British rule.
  • Multiple Governors-General, such as Auckland and Ellenborough, resisted legal reforms prior to the Rebellion.
  • The Rebellion challenged the legitimacy of British colonial rule and prompted a shift in governance from the East India Company to direct British Crown control.
  • The IPC’s enactment helped address concerns about legitimacy, British rule, and the application of law in India.

Thomas Babington Macaulay

  • A 19th-century British historian, politician, and administrator, played a significant role in shaping India’s education system, legal framework, and cultural landscape.
  • Charter act of 1833 : Indian Law Commission
    • As per the act, an Indian Law Commission was established.
    • The first Law Commission had Lord Macaulay as its chairman.
    • It sought to codify all Indian law.

Educational Reforms and “Minute on Indian Education” (1835)

  • Advocated for English education in India to propagate British culture and values.
  • Macaulay’s “Minute on Indian Education” proposed teaching English language and literature.
  • Aimed to create a class of anglicized Indians loyal to British rule.
  • Emphasized the practical benefits of English education for Indians in government positions.

Legal Reforms and Indian Penal Code (IPC)

  • Led the drafting and enactment of the Indian Penal Code (IPC) in 1860.
  • Worked to create a unified legal framework based on British common law principles.
How the Indian Penal Code came into existence under British colonial rule Polity