Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code
Author: Barry Wright
Publisher: Routledge
Total Pages: 396
Release: 2016-05-23
Genre: Law
ISBN: 1317164865

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code
Author: Dr Wing-Cheong Chan
Publisher: Ashgate Publishing, Ltd.
Total Pages: 396
Release: 2013-02-28
Genre: Law
ISBN: 1409497666

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code
Author: Wing Cheong Chan
Publisher: Ashgate Publishing, Ltd.
Total Pages: 408
Release: 2011
Genre: Law
ISBN: 9781409424420

To mark the one hundred and fiftieth anniversary of the Indian Penal Code, sixteen international experts were invited to discuss its legacy within the common law world. This resulting book comprises not only a description of the general principles found in the IPC, but a consideration of modern views and developments on those principles and related doctrinal issues, and proposals for reforming the IPC in the light of those views and developments and within the spirit of Macaulay's original draft code.

The Great Repression

The Great Repression
Author: Chitranshul Sinha
Publisher: Penguin Random House India Private Limited
Total Pages: 219
Release: 2019-08-19
Genre: Literary Collections
ISBN: 9353056187

The Indian Penal Code was formulated in 1860, three years after the first Indian revolt for independence. It was the country's first-ever codification of offences and penalties. But it was only in 1870 that Section 124A was slipped into Chapter VI ('Of Offences against the State'), defining the offence of 'Sedition' in a statute for the first time in the history of common law. When India became independent in 1947, the Constituent Assembly expressed strong reservations against sedition as a restriction on free speech as it had been used as a weapon against freedom fighters, many of whom were a part of the Assembly. Nehru vocally opposed it. And yet, not only has Section 124A survived, it has been widely used against popular movements and individuals speaking up against the establishment. Where did this law come from? How did it evolve? And what place does it have in a mature democracy? Concise, incisive and thoughtful, The Great Repression by Chitranshul Sinha, an advocate on record of the Supreme Court of India, tells the story of this outdated colonial-era law.

This Alien Legacy

This Alien Legacy
Author: Alok Gupta
Publisher:
Total Pages: 78
Release: 2008
Genre: Law
ISBN:

"More than 80 countries around the world still make consensual homosexual sex between adults a crime. More than half have these laws because they used to be British colonies. This report describes the strange afterlife of a colonial legacy. In 1860, British colonizers introduced a new criminal code to occupied India. Section 377 of the code prohibited 'carnal intercourse against the order of nature.' Versions of this Victorian law spread across the British empire. They were imposed to control the colonies, put in place because imperial masters believed that 'native' morals needed 'reform.' They are still in force from Botswana to Bangladesh, from Nigeria to Papua New Guinea, even though the United Nations and international law condemns them. These laws invade privacy and create inequality. They condemn people to outlaw status because of how they look or whom they love. They are used to discredit enemies and destroy careers. They can incite violence and excuse murder. They hand police and others the power to arrest, blackmail and abuse. Today, as a court case in India tries to elimate the original Section 377's repressive force, this report documents their dangerous effects. These holdouts of the British Empire have outlived their time"--Page 4 of cover.

Major Legal Systems in the World Today

Major Legal Systems in the World Today
Author: René David
Publisher: Simon and Schuster
Total Pages: 612
Release: 1978
Genre: Comparative law
ISBN: 0029076102

A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.

The Hindu Family and the Emergence of Modern India

The Hindu Family and the Emergence of Modern India
Author: Eleanor Newbigin
Publisher: Cambridge University Press
Total Pages: 279
Release: 2013-09-19
Genre: History
ISBN: 1107434750

Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia
Author: Mitra Sharafi
Publisher: Cambridge University Press
Total Pages: 369
Release: 2014-04-21
Genre: History
ISBN: 1107047978

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.