Several attempts at extensive legislation in India, intended apparently
as a step towards a general codification of the law, have been made. The
act of 1833 above mentioned directed the issue of a commission in India
which was intended to survey the whole field of law and to suggest such
alterations as appeared desirable. Of this commission Lord Macaulay was
a member. It never attempted to perform the large task indicated in its
appointment, but it produced a draft of the Penal Code (Act XIV. of
1860). It was not, however, until 22 years after Lord Macaulay left
India that the Penal Code became law, and in the meantime the draft had
been a good deal altered. The Penal Code is, undoubtedly, the most
important, as it is also the most successful, effort of Indian
legislation. It is to a large extent a reproduction of the English law
of crimes. But there are some important differences; for whereas there
are in English law no authoritative definitions of such important crimes
as murder, manslaughter, assault and theft, and many kindred offences,
the Penal Code seeks to define every crime with precision. Moreover, the
Penal Code imports into the definition of nearly every crime, and,
therefore, into the charge on which the accused is tried, words the
purport of which is to describe the state of mind of the accused at the
time the alleged act was committed, thereby making it necessary to
ascertain at the trial what that state of mind was. This in England is
not necessary to anything like the same extent. For example in England,
in order to charge a man with manslaughter all that is necessary to
allege is that A killed B. But in order to charge a man with culpable
homicide it is necessary to state with much particularity what the
accused intended, or what he knew to be likely to happen when he did the
act; and this condition of mind must be proved at the trial. It is true
that this proof is facilitated by certain presumptions, but
nevertheless it sometimes presents considerable difficulty. On the other
hand, in dealing with offences against property the authors of the Penal
Code have cleared away entirely the difficulties which have long beset
the English law as to how to deal with a man who, having become
possessed of property, dishonestly misappropriates it. English lawyers
have tried to squeeze as many of these cases as they can into the crime
of larceny. The Penal Code simply makes dishonest misappropriation a
crime in itself. (See further CRIMINAL LAW.)
Public-domain text, read in full here on John Shaqi.
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