Historical Background of the IPC or Bharatiya Nyaya Sanhita
Before the arrival of the British, the majority of Indian criminal law was Muhammadan law. Mohammedan criminal laws were applied to both Hindus and Muslims. Initially, the East India Company refrained from meddling with the country’s criminal law. In 1772, during Warren Hastings’ administration, the Company began intervening in the criminal law system. From 1772 until 1861, the British Government occasionally modified the Mohammedan law, but until 1862, the Mohammedan law remained the foundation of criminal law, except in the presidency towns.
- Following independence, the Law Commission proposed amending the IPC in its 42nd Report in 1971, and as a result, several amendments were made to it.
- On September 6, 2018, the Supreme Court of India decriminalised homosexuality (Section 377 of the IPC).
- Similarly, On September 27, 2018, a five-judge Constitution bench of the Supreme Court unanimously ruled to remove Section 497 (Commonly known as adultery) from the IPC.
- The code became effective in Jammu and Kashmir on October 31, 2019, through the Jammu and Kashmir Reorganisation Act of 2019, replacing the state’s Ranbir Penal Code.
- Recently, Home Minister Amit Shah presented the “Bharatiya Nyaya Sanhita Bill, 2023.” This bill aims to replace this outdated colonial-era law with a modern legal framework that prioritizes the current needs and aspirations of the people.
Indian Penal Code or IPC: Its History, Structuring & Provisions, Significance & More!
Indian Penal Code (IPC) or Bharatiya Nyaya Sanhita is an official criminal code of the Republic of India that provides a comprehensive framework to address all aspects of criminal law. It was Enacted by the Indian Legislative Council on October 6th, 1860, it became effective from January 1st, 1862. Before 1862, the administration of criminal justice was marked by confusion and chaos. The IPC is the result of three decades (1834-1860) of visionary effort by law commissioners, especially Thomas Babington Macaulay, its main architect. Its enforcement established that criminal liability in the Indian Legal System originates from statutes defining prohibited acts or omissions.
Table of Content
- New Name of Indian Penal Code (IPC)
- Historical Background of the IPC or Bharatiya Nyaya Sanhita
- What is the IPC or Bharatiya Nyaya Sanhita?
- Structure and Provisions of the IPC or Bharatiya Nyaya Sanhita
- Importance and Significances of the Indian Penal Code or IPC or Bharatiya Nyaya Sanhita
- What are the Criticisms Related to IPC or Bharatiya Nyaya Sanhita
- Bharatiya Nyaya Sanhita Bill 2023
- FAQs on Indian Penal Code