FINAL ASSIGNMENT

Crime and criminology in

Islamic Perspective
Indian Penal Code 1860
Umer Yousaf 17

This paper explains how Indian Penal Code (1860) by Thomas Babington Macaulay helps in improving
understandings of criminal law.

Dr. Wajahat Masood

 How Indian Penal Code (IPC) helped in improving
understanding of criminal law?

A comprehensive code aimed to cover all the substantive aspects of criminal law originally designed
for Indian continent but later adopted many Southeast Asian nation (Burma,Malaysia,Brunei, etc.) ,
parts of colonial British Empire. Main objective was to provide a general penal code for whole India. It
provides definitions, circumstances and punishment for offences. It was first drafted by on the
recommendations of First Law Commission of British India in 1935 under the chairmanship of Thomas
Babington Macaulay an historian, politician and reviewer. Initially rejected but after the Rebellion of
1857, carefully revised, passed in 1860 and began operational in 1862. Until now this law has sustained
many amendments but still an irreproachable cog in sub-continental criminal judicial system.

As an essential part of sub-continental legal system, in its current forms, it is applied as general law
meaning it enforced on every subject of territory of its enforcement. It has evolved through transition of
one and a half century while catering to the needs of any period of time through approved changes. So
questions arise:

What makes this code of law so sustainable?

What are the salient features of it?

How does IPC helping by improving the understanding of criminal law?

The sustainability of this code lies in its adaptability to needs of time to which it can be molded and can
presented in any approved form it is required. As a general law it accounts for all the possible behaviors
of crime related and where it is found deficient or in emergent time, it is could be amended or
supported with special laws. Another reason for its sustainability is the conformity to the laziness and
lack of vision by the authoritative class the recognition to change with time and simply relying on old
colonial masters methods and ways to take for granted. Whatever the reason maybe this code has
proved fulfilling the general needs as it had been doing so for a long time.

The features which make this code so appropriate, so complete are in its ability to treat every person at
same caliber with no discrimination to their class status, their personality or even their gender. With
definitive terms and their crystal-clear illustrations regarding factors and circumstances under which
offensive acts are committed, it provides punishments and flexibility in awarding them to convicts or
acquits them. This great precision in measuring the acts of every subject gives this code a great
opportunity to set both ethical and legal limits to behaviors for its subjects. It acts on the universal
principle of “You reap what you sow”. It is a scale with designated rewards whereas the reward itself
maybe obnoxious or innocuous.
The main question “How it helps in understanding of Criminal law?”

Criminal law is made to handle with criminals and provide remedy to their incriminating practices
which in particular aimed at specific individuals or property but in general these acts or omissions affect
the whole community and nation. Crime is a menace to the whole human race. Some crime makes a
village to terrify while others shatter the foundations of humanity around the world. This code as a
substantive law ascertains the nature of offense through its illustrations and remedies the acts of crime
by awarding the punishment or gives acquittal in the name of justice. This justice is provided explicitly
and crime is discouraged implicitly. In short, it deals with criminals instead of crime.

Indian Penal Code helps us to understand the criminal law through its characteristics:

I. By giving clear illustrations of acts as crimes with its circumstances

II. Definitive outcomes of acts which came in the domain of crime
III. By classifying all possible prohibiting acts in its dominion as general code
IV. Assisting whole criminal judicial system in fighting crime and assisting special laws
V. Prevention of crime through public understanding of proscribed behaviors

These above mentioned factors allow the Indian Penal code to play an irreplaceable role in the criminal
law with its integrity to be unbiased. This code of law is effective in its objective because it targets the
apparent source of crime, the hand behind it, criminal.

By giving clear illustrations of acts as crimes with its circumstances

All the acts and omissions proscribed by this law are defined and elaborated in it carefully to remove
any doubts about the potency of criminal law. The terms and illustrations of possible acts under certain
circumstances and outcomes of these acts are placed under supervision of prominent legal minds of
time. With respect to the intent of crime and criminal, this code classifies from simple annotations:
Gender, Court of Justice,

“Gender” “Court of Justice”

The pronoun "he" and its derivatives are used of The words "Court of Justice" denote a Judge who is
any person, whether male or female empowered by law to act judicially alone, or a
body of Judges which is empowered by law to act
judicially as a body, when such Judge or body of
Judges is acting judicially

; To complex crimes: Murder, Culpable homicide and Voluntarily murder. All these crimes results in the
loss of human life but their punishments are different as intentions of these crimes vary.
 “Culpable homicide” and “Murder” “Voluntarily murder”
A attacks Z under such circumstances of grave A sets fire, by night, to an inhabited house in a
provocation that his killing of Z would be only large town, for the purpose of facilitating a
culpable homicide not amounting to murder. B, robbery and thus causes the death of a person.
HAVING ill-will towards Z and intending to kill Here, A may not have intended to cause death;
him, and not HAVING been subject to the and may even be sorry that death has been
provocation, assists A in killing Z. Here, though A caused by his act; yet, if he knew that he was
and B are both engaged in causing Zs death, B is likely to cause death, he has caused death
guilty of murder, and A is guilty only of culpable voluntarily.
homicide.

This great level of certainty allows criminal laws to be unhinged from hurdles in dispensing the justice to
victims and efficiently employing resources of both judicial proceedings and prosecutor efforts.

Definitive outcomes of acts which came in the domain of crime

In Retributive Justice, the severity of penalty for a misdeed or wrongdoing should be reasonable and
proportionate to the severity of the infraction as explained by this quote:

“Let the punishment fit the crime.”

― W.S. Gilbert, The Mikado

Indian Penal code follows the rule of retributive justice with having proportionate punishments
to the severity of crimes. In form of general law these punishment are applicable to all the
subjects of its dominion whoever committed and proven criminal for that offence or crime
under the circumstances illustrated by it. In this way criminal law is thought to be definitive in
its behavior. If anyone commits a crime he would have to face the music for it meaning if
proven guilty he would be punished otherwise acquitted.

Some proscribed acts could be deemed necessary and come under general exceptions for
example, of the right of private defense. In this Right if a person comes under attack of bodily
harm, he has the right to defend himself even that causes bodily harm or death to person/s
which tries to attack him or his property or his close ones.

With all the punishable and general exception acts, this code helps the criminal law to punish
those who intend and try to commit crime and acquit those who found innocent of any
wrongdoing to anyone or anything. This code is an essential and single most important part of
criminal law with its role as a scale of punishment according to crime committed. Some of the
punishments awarded under this law are:
 “Murder” Death or Life sentence
“Culpable homicide” Life sentence(No less than 10 Years)
“Voluntarily murder” Life sentence(Maximum 10 years)

By classifying all possible prohibiting acts in its dominion as general code

Uniformity in law in a dominion allows law enforcement agencies to employ similar practices in
dealing with crime causing elements. This code of law assigned same punishments for same crime
activities in all the territories it enforced in. This code covered almost every aspect of crime related
activities and classifies almost all possible acts which are thought to be illegal in Indian continent. It
ranged from bodily crimes to property crime and from crimes against private citizens to crimes against
public works and its officials. The classification of these acts was thorough and also included what
circumstances would result in what punishments.

This law protected rights of its subjects through making it illegal for others to encroach them. With this
wide scope of protecting a nation’s rights, this code of law efficiently empowers the criminal law to
serve justice with great precision. It also aided to understand how criminal law could be a tool for
people’s right to free life by outlawing any attempt to harm them or their interests instead of being just
mean of retributive justice. Some of the prohibiting acts are:

i. Of Abetment in crime
ii. Of False evidence
iii. Of offences related to Religion
iv. Of offences affecting Human body
v. Of offences against Property
vi. Of offences relating to Marriage

Assisting whole criminal judicial system in fighting crime and assisting special laws

Being the first and final step in criminal proceedings i.e., from assessing a crime ‘til awarding
punishments, this code of law distinguishes as the core of criminal law. Without this code, there would
be no direction in investigation of crime and in court proceedings. Along with emerging circumstances
like terrorism, drugs IPC goes side by side with special laws to ascertain the offenses.

Prevention of crime through public understanding of proscribed behaviors

Public knowledge of limits to behavior acceptable in general abstains them from taking law into hands.
Offences with clear illustration and grave punishments attached to them gives people a sight to what
will happen when they do not conform to the rules of society. Outlaw is a pejorative term consisting of
derogatory meaning. People fear from punishments and this way IPC helps criminal law to prevent crime
by the sight of future prospects.
Conclusion:
IPC has the importance of irreplaceable cog in the machinery of criminal judicial system. It helps
criminal law through precise elaborations of offenses and rewards attached to them. It covers every field
of life and every possible act which is considered a crime against people and state of its dominion. It is
unbiased and non-discriminatory and is applicable on all the subjects in the dominion of its enforcement
establishing rule of law. It made as a general law meaning it is not to be considered permanent in every
offence and can be superseded by special laws. With changing times laws need to be modified to cater
needs of present and this code offers change effectively.

In the words of man behind original Indian Penal Code drafted in 1835:

“Then out spake brave Horatius,

The Captain of the Gate:

"To every man upon this earth

Death cometh soon or late.

And how can man die better

Than facing fearful odds,

For the ashes of his fathers,

And the temples of his gods?" “

Thomas Babington Macaulay, Critical and Historical Essays(1943)