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Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code PDF Author: Barry Wright
Publisher: Routledge
ISBN: 1317164865
Category : Law
Languages : en
Pages : 396

Book Description
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 PDF Author: Barry Wright
Publisher: Routledge
ISBN: 1317164865
Category : Law
Languages : en
Pages : 396

Book Description
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.

Commentary on the Indian Penal Code

Commentary on the Indian Penal Code PDF Author: Krishna Deo Gaur
Publisher:
ISBN: 9789386456786
Category : Criminal law
Languages : en
Pages : 1596

Book Description


The Indian Penal Code

The Indian Penal Code PDF Author: Shubham Sinha
Publisher: Createspace Independent Publishing Platform
ISBN: 9781512294101
Category :
Languages : en
Pages : 262

Book Description
This book is BARE ACT of Indian Law on punishments applicable within Indian territories. It is the hardcore set of rules as exactly provided by Indian government authorities. Indian Penal Code is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. Based on IPC, Jammu and Kashmir has enacted a separate code known as Ranbir Penal Code (RPC). After the departure of the British, the Indian Penal Code was inherited by Pakistan as well, much of which was formerly part of British India, and there it is now called the Pakistan Penal Code. Even after the independence of Bangladesh (Formerly known as East Pakistan) from Pakistan (Formerly known as West Pakistan), it continued in force there. It, the Indian Penal Code, was also adopted by the British colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.The Ranbir Penal Code applicable in that state of Jammu and Kashmir of India, is also based on this Code. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1837. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Elements were also derived from the Napoleonic Code and from Edward Livingston's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Unfortunately, Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859. The objective of this Act is to provide a general penal code for India. Though not an initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offenses have been created in addition to the code.

Criminal Law

Criminal Law PDF Author: Krishna Deo Gaur
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 878

Book Description


Discretion, Discrimination and the Rule of Law

Discretion, Discrimination and the Rule of Law PDF Author: Mrinal Satish
Publisher: Cambridge University Press
ISBN: 1107135621
Category : Law
Languages : en
Pages : 323

Book Description
""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law PDF Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294

Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Provisional Authority

Provisional Authority PDF Author: Beatrice Jauregui
Publisher: University of Chicago Press
ISBN: 022640384X
Category : Political Science
Languages : en
Pages : 216

Book Description
Policing as a global form is often fraught with excessive violence, corruption, and even criminalization. These sorts of problems are especially omnipresent in postcolonial nations such as India, where Beatrice Jauregui has spent several years studying the day-to-day lives of police officers in its most populous state, Uttar Pradesh. In this book, she offers an empirically rich and theoretically innovative look at the great puzzle of police authority in contemporary India and its relationship to social order, democratic governance, and security. Jauregui explores the paradoxical demands placed on Indian police, who are at once routinely charged with abuses of authority at the same time that they are asked to extend that authority into any number of both official and unofficial tasks. Her ethnography of their everyday life and work demonstrates that police authority is provisional in several senses: shifting across time and space, subject to the availability and movement of resources, and dependent upon shared moral codes and relentless instrumental demands. In the end, she shows that police authority in India is not simply a vulgar manifestation of raw power or the violence of law but, rather, a contingent and volatile social resource relied upon in different ways to help realize human needs and desires in a pluralistic, postcolonial democracy. Provocative and compelling, Provisional Authority provides a rare and disquieting look inside the world of police in India, and shines critical light on an institution fraught with moral, legal and political contradictions.

Criminal Law in Sri Lanka

Criminal Law in Sri Lanka PDF Author: Wing Cheong Chan
Publisher:
ISBN: 9789388548779
Category : Criminal law
Languages : en
Pages : 495

Book Description
"This book describes and evaluates the General Principles of criminal responsibility and the major offences against the person and property contained in the Sri Lankan penal code. The aims are to assist in the application of the law and to provide suggestions for reform. To achieve these aims, it examines cases from other penal code jurisdictions as well as from Sri Lanka. There has not been a comprehensive study of the Sri Lankan penal code since Professor CGL peiris' books were published nearly 40 years ago (General Principles of criminal liability in Ceylon: a comparative analysis (1st edn, 1972; 2nd edn, 1980) and offences under the penal code of Ceylon (1st edn, 1973; 2nd edn, 1982)). significant legislative and case law developments have occurred since that time. Much of the penal code has stood the test of time. However, given its antiquity, this commentary proposes significant reforms. They include the enactment of a 'general part', with precise and comprehensive provisions reflecting contemporary views about criminal responsibility." -- Back cover.

The Indian Criminal Codes, Fourth Edition, Viz., the Penal Code Act XLV. of 1860 as Amended by Later Enactments, and the Code of Criminal Procedure Act X. of 1872 ... With Rulings of All the High Courts in India ... With an Appendix of Rules, Regulations and Circular Orders of the Several High Courts and Chief Courts in India ... By Fendall Currie

The Indian Criminal Codes, Fourth Edition, Viz., the Penal Code Act XLV. of 1860 as Amended by Later Enactments, and the Code of Criminal Procedure Act X. of 1872 ... With Rulings of All the High Courts in India ... With an Appendix of Rules, Regulations and Circular Orders of the Several High Courts and Chief Courts in India ... By Fendall Currie PDF Author: India
Publisher:
ISBN:
Category :
Languages : en
Pages : 1082

Book Description


Stifling Dissent

Stifling Dissent PDF Author: Jayshree Bajoria
Publisher:
ISBN: 9781623133542
Category : Assembly, Right of
Languages : en
Pages : 116

Book Description
"India's constitution protects the right to peaceful expression and its courts have issued numerous decisions that are protective of the right. However governments at both the national and state level persist in using harsh laws, many of them relics of the colonial era, to criminalize peaceful expression and arrest critics. While some prosecutions, in the end, have been dismissed or abandoned, many people who have engaged in nothing more than peaceful criticism have been arrested, held in pre-trial detention, and forced to defend themselves in costly criminal proceedings. Fear of such actions has led others to engage in self-censorship. In 2016 there has been a spike in the number of sedition cases filed nationwide. Human Rights Watch calls on the Indian government to drop all pending charges and investigations against those who are facing prosecution for the exercise of their right to freedom of expression, halt the abuse of the legal process and detain critics, and amend or repeal relevant laws to bring them into line with international human rights standards"--Page [4] of cover.