October 23, 2011

HISTORY

                                           The Indian Penal Code, 1860 


The  draft of the Indian Penal Code was prepared by the First Law Commission. It was chaired by " Lord Macaulay " Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of  Chief Justice, and puisne Judges of the  " Calcutta Supreme  Court " who were members of the  "Legislative Council " and was passed into law on Oct 6,1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.

The Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but was not until 1860 that it took its place on the Indian Statute Book. Before 1860, The English Criminal Law, as modified by several Acts was administered in the Presidency-Towns of Bombay, Calcutta and Madras.
The Code is universally acknowledged as a cogently drafted code ahead of its time.It has substantially survived for over 150 years in several jurisdictions without major amendments. Modern crimes involving technology unheard of during time of Macaulay , fit easily under the Code mainly because of the vagueness of the Code...
  
Thomas Babington Macaulay,1st Baron Macaulay -
(25 October 1800 – 28 December 1859) was a British poet, historian and politician. He wrote extensively as an essayist and reviewer, and on British history , He also held political office as  Secretary at war between 1839 and 1841 and  Paymaster General between 1846 and 1848.  A supreme court is the highest  court within the hierarchy of many legal  jurisdictions . Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or  apex court. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court.