An Introduction to one of the oldest codified law I IPC 1860

THE 
INDIAN PENAL CODE
(ACT XLV OF 1860)
[Received the assent of Governor-General on October 6, 1860]

GENERAL INTRODUCTION
                                       
In western jurisprudence, the real notion of crime percolated from Roman law and in the modern times, crimes have multiplied in a degree which shakes the conscience leading in the revolution in the concept of criminal law and imposing the statutes with the highly responsible duties, liabilities and restrictions on the individuals.
It was on the day of January 1st in the year of 1860 when this code came into the force, however, it is to be noted that the first draft was presented in the year of 1837 before the governor-general whereas the revisions took two more decades.
Revolt of 1857 was another rationale for the delaying of this code.
So, which law was prevailing before that for the cases of crime in that time? yes, it was the Muhammedan law. 


Under the administration of Lord Warren Hastings, the alteration took place time to time and modified as per the terms synchronizing with the need of the hours. 
        
Currently with 511 sections further divided into 23 chapters having a categorical representation including exceptions, punishments, provisions and definitions.

It is important for us to look through the lens of the code concerning it's the reason for being such a law of essence while formulating human conducts which are forbidden by law as they threaten to inflict substantial harm to an individual.




ACT Vs CODE
An act is referred to the law passed by the legislative steps whereas code is the set of existing laws which have been already passed. 
which is why there is a slight difference between criminal justice ACT and Indian Penal CODE 
CODE is a systematical arrangement of laws, rules and regulations Code is not only a compilation of already existing statutes but also of the unwritten law on any subject composed of materials available from all sources. 


DIFFERENCE BETWEEN CRIME AND CIVIL WRONG
Crime is referred to as a wrong against the society while civil wrong is against individuals
The intention in most of the cases is required while on the other hand due to the legal obligations occurring from the circumstantial happenings have merely a role with the intention.
In Crime,  it is the state taking action against the individual whereas in the civil domain it is the aggrieved person. Now, coming to the remedies in crime it is punishment and in civil it is damaged mostly in monetary compensations.

The Nature of crime can be very much explained by the statement given by Terence Morris " Crime is what society says it a crime by establishing that an act is a violation of the criminal law. Without the law, there cannot be a crime at all. although there may be moral indignation which results in law being enacted. 
In a simpler context, any disobedience of law is a crime.

  • Intention:  It is not the ultimate aim or the object, also it is not to be confused with the motive. it helps us to differentiate that thin line between crime and that of civil wrong.

  • Mens rea: “ an act doesn’t make a man guilty until his mind is and it is thus not the Actus which is reus but the criminal intent and the knowledge from the consciousness making the person responsible.”   
[Note: doctrine of mens rea:  Aspirants can click to read the linked article providing the detailed concept]

  • Knowledge:  you surely won't expect a child or a person with an unsound mind to have the knowledge of the consequences after acting upon something which is forbidden by the law of the land, therefore, the presence of the knowledge in the mind of the accused must be proved also it is to be understood that some offences are absolute in nature regarding the knowledge of the accused.

  • Causation  the human must have caused harm. 

Unfortunately, a crime against women and kids are steadily increasing since 2005, cases have reported a number of brutal screams which will continue to haunt us until every girl child, women, kids and every individual is protected with their dignity and with that of their breaths. 

I definitely support the argument in the flaws of our system but at the very same time when you look towards the mentality of the peoples, it shakes your faith and conscience that is where the biggest black spot of our society floats i.e their thinkings and their education but still do not lose your faith in the judiciary because they have been there and they are the only one who gives us hope to fight the legal battles, it won't let the sacrifices go in vain.

The object of oratory alone is not the truth, but persuasion. -  Lord Thomas Babington Macaulay
Father of IPC




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