HISTORY OF IPC, 1860

 HI EVERYONE!

I am studying IPC these days, so I want to share the history of IPC. I hope this information will be helpful to you all.

  IPC (INDIAN PENAL CODE,1860)

HISTORY OF IPC (INDIAN PENAL CODE), 1860

As we all know, in the uncivilized society no person was said to be safe from attacks to his person or property by any other person. as there were no such laws for it. The person attacked either succumbed or overpowered his opponent. 

"a tooth for a tooth, an eye for an eye, a life for a life" was the rule of law. 

With the advancement of time, the injured person agreed to accept compensation, instead of killing his adversary. For a long time, the function of settling the terms remained with the parties themselves, but gradually this function came to be performed by the State.

In India, the criminal jurisprudence came into existence from the time of Manu. Manu has recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery, and rape. The king protected his subjects and the subjects in return owed him allegiance and paid him revenue. The king administered justice himself, if unable due to certain circumstances, the matter was entrusted to a judge. If a criminal was fined, the fine went to the king’s treasury and was not given as compensation to the injured party. Different laws came into existence in the reins of different rulers. When the Britishers came into India they adopted a different set of laws which was based on British pattern, but it was not uniform throughout India. Different regulations were passed prescribing practice and procedure to be followed. In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers, and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Lord Macaulay (THOMAS BABINGTON MACAULAY) with Sarvshri Macleod, Anderson and Millet and was submitted to the Governor-General of India in Council in 1837. But the draft was revised again. It was circulated to the Judges and law advisors of the Crown.

 And In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. In 1850 the draft was completed. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.

The Code was revised according to the report of the Commission but it never saw the light of the day.

After the revolt of 1857, the draft came into the hands of BARNES PEACOCK, who later became the first Chief Justice of Calcutta High Court. In 1860 the draft was completed and passed by the legislative council and after getting assent of the governor-general of India LORD CANNING (first viceroy) it came into effect. Act 45 of 1860 The Indian Penal Code Bill was passed by the Legislative Council and it received the assent of the Governor-General on 6th October 1860. It came on the Statute Book as THE INDIAN PENAL CODE (45 of 1860).

But it came into effect on 1^st JANUARY 1862.

Till 1940 it was not applicable in princely states of India. And now it is applicable in the whole of India.