This is a PPT on introduction of the Indian Penal Code: a brief history. It is useful for students of BA.LLB, BBA.LLB., LLM, UGC NET and SET. Students should refer to textbooks and reference books for in-depth study.

1. INDIAN PENALCODE
(A BRIEF HISTORY)
BASICS OF IP
BY SHRADDHA PANDIT
 ASSISTANT PROFESSOROF LAW
 Ph.D. RESEARCH SCHOLAR
 ADVOCATE
 IPATTORNEY
 CONTENTWRITER

2. In primitive society, there was no developed branch of
criminal law. “A tooth for a tooth and an eye for an eye”
was the basis of administration of criminal justice.With
the advancement of education and awareness, it was
realized that the “revenge theory” was uncivilized,
uncultured and barbarous. Instead there should be an
organized system of administration of justice whereunder
a criminal, culprit or offender should be punished by the
State.
In the good old days, it was considered to be the duty of
the king to protect his subjects.The king himself was to
administer justice by imposing appropriate punishment to
offenders. With the passage of time, however, the task of
administering justice was entrusted to Pundits or Qazis
(judges).That is how the present system came into
existence.

3. So far as India is concerned, Manusmriti is considered to be
the first leading Code on penal law. Manu recognized certain
wrongs as crimes, such as assault, robbery, cheating, criminal
breach of trust, defamation, kidnapping, rape, etc.The right
of self defense was also recognized by him.
After invasion by the Muslim rulers, Mohammedan criminal
law was applied in the administration of justice, which was
based on Sharia and Koran. Qazis used to administer justice
on the basis of principles formulated in the Koran.The French
and Portuguese introduced their own civil and criminal laws in
the Indian territories under their control.
After the entry of British rule in India and after taking over the
administration over almost the entire Indian sub-continent,
there were several reforms in criminal law. Initially, 3
PresidencyTowns (Bombay, Madras and Calcutta) were
created and English Law was applied in these towns. But, in
other parts of India, there were princely states and Muslim
law was still in force.There were several defects therein.

4. Attempts were made to improve administration of criminal
justice system in the country.There was still no uniform code
applicable to all. Hence, there was no uniformity, giving rise to
multiple laws and confusion.
In 1833, the English scholar, historian and researcher, LordThomas
Babington Macaulay was appointed to bring in educational and
legal reforms in British India. He moved the House of Commons
to codify criminal law for the whole of India (which constituted
present-day India, Pakistan, Bangladesh, parts of Afghanistan,
Myanmar).
This was a herculean task and a very tough challenge as there
were people of different religions, cultures, languages, castes,
genders, communities, ideologies, races and economic
backgrounds living in India. Hence, some believed that bringing
one common law for all would have difficulties in practically
implementing the same. Some felt it was impossible to do so.

5. In 1834, for the first time, the Law Commission was
constituted.The Commission saw Macaulay as its
Chairman. It also consisted of members like J.M.Mcleod,
G.W.Anderson and F.Millet.
This was the first ever Law Commission of pre-independent
India, which brought in major laws in the country like the
Indian Penal Code, which is still applicable in present times.
The Commission first prepared a draft penal Code stating:
“Our principle is simply this – uniformity when you can have
it; diversity when you must have it; but certainty in all cases.”
Macaulay was of the opinion that the punishments that are
awarded must deter crime in society as well as prevent the
offender from repeating his or her crime. He thus included
death penalty, whipping, lashing, transportation for life,
etc. as modes of punishment apart from imprisonment,
solitary confinement, penalties, forfeiture of property and
fines. His opinion was that not the gravity of the
punishment, but its certainty deters crime.

6. The draft penal Code was then circulated and suggestions
were invited from different corners of the country.
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 Justice 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.The Bill was passed on
6th October 1860.The assent of the Governor General-in-
Council was received on the same day.The present IPC
came into force on 1st January 1862. Unfortunately, Lord
Macaulay did not survive to see his masterpiece come into
force, having died near the end of 1859.

7. However, it did not apply automatically in the Princely
states, which had their own courts and legal systems until
the 1940s. Its basis is the law of England, altered to suit
local conditions and peculiarities of British India. Elements
were also derived from the Napoleonic Code. The Code has
since been amended several times and is now
supplemented by the penal provisions in other legislations
and statutes.
After the partition of the British Indian Empire, the Indian
Penal Code was inherited by its successor states, India and
Pakistan, where it continues independently as the
Pakistan Penal Code.The Ranbir Penal Code (RPC)
applicable in Jammu and Kashmir is also based on this
Code. After the separation of Bangladesh from Pakistan,
the code continued in force there.The Code was also
adopted by the British colonial authorities in Colonial
Burma, Ceylon (modern Sri Lanka), the Straits
Settlements (now part of Malaysia), Singapore and
Brunei, and remains the basis of the penal laws in those
countries.

8. Although the Indian Penal Code has survived till date with a
whole of 511 Sections and 23 chapters , some argue that there
hasn’t been any decrease in the rate of crimes in India since
1860. On the contrary, since the IPC was introduced, there have
been several instances of heinous crimes. In fact, Anindita
Ghosh in her book “Claiming the City” talks about protests,
crimes and scandals that grew in number in Calcutta (now
Kolkata) after the penal code was enforced in India.
While others argue that the provisions of the Penal Code have
been misused by the British themselves to curtail the liberty
and human rights of Indian people during the British rule.The
best example could be arresting freedom fighters under
charges of Sedition like Lokmanya Bal GangadharTilak,Veer
Bhagat Singh and Mahatma Gandhi, who were subjected to
physical torture, hunger and mental cruelty only because they
raised their voice against injustice by the British.

9. Others have put forth the debate that the British played divide and
rule politics by using IPC as a tool, as they retained the provisions of
family law applicable to Muslims in India and did not push for a
Uniform Civil Code.Thus, while Hindus could be punished for
bigamy or polygamy as per S.494 and S.495 of IPC,1860, Muslims
would not be punished under the said sections for polygamy.
Conclusion: Open-ended
Various sections of IPC are challenged in the courts of law for being
ultra vires the Constitution of India and are under controversy time
and again: for example, S. 377 (decriminalization of homosexuality,
LGBTQ rights), S.497 (decriminalization of adultery), S.309
(decriminalization of attempt to commit suicide), etc.
There are new offences seen in the present times, not heard of in
the times of Macaulay. Hence, to make the criminal law more
robust, updated and at par with the evolving times, we need to
remove procedural delays, loopholes in the laws and introduce
stricter punishments to reduce the crime rate. The conclusion is
open-ended.

10. References:
For detailed information and making notes, kindly refer
to these:
1) IPC, 1860 (Bare Act), Professional Book Publishers,
Delhi
2) The Indian Penal Code by C.K.Takwani (Thakker),
Eastern Book Company, Lucknow
3) Claiming the City: Protest, Crime, and Scandals in
Colonial Calcutta, c. 1860–1920 by Anindita Ghosh,
Oxford University Press
4) Short History of IPC, Khanna and Associates LLP,
https://khannaandassociates.wordpress.com/2016/
09/17/short-history-of-ipc/
5) UnderThe Lash - A History Of Corporal Punishment In
The British Armed Forces by Scott Claver, Read Books