Indian Penal Code

Indian Penal Code

Indian Penal Code

Short history: Under the Mughal rule the Mohammedan criminal law was administered by the kazis in the courts of the country. The Quran was the repository of both civil and criminal law. In 1600 a Charter incorporating the East India Company was granted by Queen Elizabeth giving the Company exclusive right of trading to all parts of Asia, Africa and America and empowering it to make laws. The Charter of 1668 vested the management of Bombay in the East India Company which regulated the proceedings of the court on the line of English Courts. The Court of Judicature was established in 1672. It sat once a month for its general sessions.

Two further charters were granted in 1683 and 1687 enabling the Company to establish a Court of Judicature at such places as it might decide and a Corporation at Fort St. George, Madras. The Englishmen in India were entrusted with the administration of both civil and criminal justice.

In 1765 Lord Clive succeeded in obtaining the grant of the Dewani from the Mughal Emperor, which enabled him to establish Dewani courts.

In 1772 a Fouzdari Adalat was established in each district for the trial of criminal offences. The Kazi or Mufti presided over these courts. An appeal against his decision lay to the Sadar Nizamat Adalat. The Officer presiding over the Sadar Nizamat Adalat was assisted by Mohammedan Law Officers. Such courts were established in the capital.

The Regulating Act was passed in 1773. It established a Supreme Court of Judicature at Fort William, Bengal, which took cognizance of all matters, civil, criminal, admiralty and ecclesiastical. An appeal against the decision of the supreme Court lay to the King-in-Council.

In 1827 the system of administration of justice in the Presidecy of Bombay was thoroughly revised and the law was set forth in the Regulation, XIV of 1872. The position in the other Presidencies remained unchanged.

Prior to the enactment of the Indian Penal Code the laws administered in the Courts of India were neither uniform nor universal. They were a combination of English, Mohammedan and local laws. The English Criminal Law was in force in the three Presidency towns of India, while the Anglo-Indian Regulations, supplemented by the laws introduced by the Mohammedan rulers, were in force in the mofussil.

The first Indian Law Commission was constituted at the initiative of Lord Macaulay. The Commission in preparing the Penal Code drew largely from the English and the Indian laws and regulations and from Livingstone's Losiana Code and the Napoleon Code.

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