Redefining Offences in Penal Code - An Urgent Necessity
By
V. Narayana Swamy
Indian Penal Code was first enacted on 6-10-1860. Lord Macaulay got the credit for drafting IPC for he was the President of Indian Law Commission then. The draft was presented to the Governor General of India in Council in 1837. It was further revised by Sir Barnes Peacock, Sir J.W. Colville and others. It was completed in 1850 and presented to legislative Council in 1856 and passed on 6-10-1860.
The Penal Code is the substantive Law and Criminal Procedure Code is an adjective law. It came into operation on 1-1-1862. It applies to whole of India except the State of Jammu and Kashmir w.e.f. 1-4-1951. Does that means that there is no IPC in operation in that part of the Country as could be seen from murders of innocent people by the terrorists every day as a matter of routine job for militants as has been reported in various medias ?
Fortunately for accused and unfortunately for the society the Penal Code does not prohibit people from committing offences. But encourage ....