A Review On The Indian Penal Code, 1860

When British East India Company ruled India, the company court system and the King’s court system existed in parallel, "dual judicial system" has led t o jurisdictional disputes, applicable law cannot be unified, causing friction and disputes, which contrary to the intention of the British colony to achieve orderl y, equality, justice, rule of law, social objectives. In this regard, the United Ki ngdom considered more appropriate solution that is based on recognition of "d ual justice system", based on a unified approach to the codification of the Indi an judiciary. Thus, the parliament issued Charter Act of 1833, the bill provided a legal counselor to assist India Governor unified legislative activities, respons ible for drafting the codes, after the approval of the law by the authorities that it had prepared in the court of King and company are able to Court Be appli cable. Macaulay Be the first to accept an appointment to the codification of In dia chaired the Governor legal counselor.After Macaulay’s investigation, India local sources of law complex, messy system, lack of legal certainty, the judicial process leading to corruption; and t he large number of heterogeneous systems, access to inconvenience, lack of de mocratic legislative process, law department in this period is incomplete East I ndia company regulations overall characteristics. And, more seriously, since thes e regulations were developed by a different district, during which so many pro visions vary, naturally inevitable contradictions and conflicts.It is the existence of these abuses makes Macaulay had to give up the id ea of transforming the old rules, looking to get into the British criminal law.However, the then British criminal law on the content remains medieval fe atures, the large number, the lack of certainty and cruel punishment. Therefore, the direct introduction of English law is not a wise and viable option.This new code style, focusing on crime classification, the provisions of Section clear hierarchy, there is a general principle and is divided, the basic form of the code in line with modern requirements; the basic content English crimi nal law theory as a basis, covering almost the entire criminal substantive law all aspects of the rule of law and the basic concept of the absorption of mode rn liberalism, established humane principles of criminal law countries generally adopted Western civilization, then the West is consistent with the trend of dev elopment of criminal law; and draft a change in writing style British criminal l aw prolix style of writing, showing commendable simplicity and clarity, the wo rding precise and easy to understand; in addition, Macaulay also bold legislatio n technological innovation, the use of this form by example, help ordinary rea ders and inexperienced judges We understood the terms; in addition, after the draft attached instructions retained legislators intent to prepare future generation s to view. Thereafter, the draft has undergone several changes, finally got thro ugh after 23 years in Parliament. After the implementation of the Code, it unif ied British India in criminal justice, and achieved good social effects. Over the next 150 years, and this code has undergone a series of amendments to the c olonization, still in use.Status of the Indian Penal Code in the history of criminal law on the co mmon law world should not be underestimated. It is an important achievement of the 19 th century British penal reform made in the United Kingdom outside is- an outstanding achievement "Anglo-Indian" Codification Movement, India has become the starting point of modern criminal law, common law and, as th e first section of the Criminal Code, the Southeast Asian Countries developmen t of criminal law and the British colonies in Africa had a profound impact.On Empire mechanism, the drawbacks of the Indian legal system is certai nly the proximate cause of the codification of the Penal Code, while a larger motivation behind this process is the transformation of the British colonial poli cy of the Second Empire. Good governance and free trade colonies in India ar e required to turn on the rule of law model.On the common law codification, the comparison, Indian Penal Code ounc e ground not only in structure, style, substantive law, there is a penalty on the similarity, and even the time evolution of the process also shown parallel tren d, which fully shows Macaulay’s draft is a response to the mid-19 th century fo rmer British penal reform, reflecting the forefront of dynamic mid former British penal reform, overseas branch of the British penal reform, and terms of res ults, but also to expand the British penal reform and beyond.British India in two legal traditions and its operational mechanism, legal p ractitioners class, the political climate and political model for a radical change of attitude and the need for countries to integrate these areas there are signific ant differences, which also led to the codification in India success, but in the UK failed.Finally, Macaulay is versed in history, philosophy and literacy. These quali ties also contributed to the literary historian becaming an outstanding legislator.