Crime, as we would believe, is a salient fact that is a part of our everyday life. Both the law and the lay man believe that crime is associated with harm and destruction to humans and property alike.
It is true that both crime and criminals are looked upon with the greatest hatred across all sections of society, but it is also true that the study and research of the law of crimes has always been one of the most attractive branches of jurisprudence since the early years of human civilization. In every organised society certain acts are forbidden and performing them may result in punishment of some or other kind. When one person injured another and the injury could adequately be compensated by money value, the wrong-doer was required to pay damages or compensation to the wronged individual. But in certain cases, in addition to the liability to pay compensation, the state imposes certain penalties upon the wrong-doer with the object of preserving peace in the society and promoting good behaviour towards each other and towards the community at large (Indian Penal Code, 2009).
But the problem usually arises when deciding as to what or which acts should be penalised by the law of the society or the state i.e. which acts should be classified as “crime”. According to Terrance Morris (Changing concepts of Crime and its Treatment): “Crime is what society says is crime by establishing that an act is a violation of the criminal law. Without law can be no crime at all, although there may be moral indignation which results in law being enacted.”
The concept or the definition of crime has always been dependent upon public opinions and more than any other branch of law, criminal law is the mirror of public opinion. Thus, law a...
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...edure to be followed.
In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Macaulay and was submitted to the Governor-General of India in Council in 1837. It was circulated to the Judges and law advisors of the Crown. In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. The Code was revised according to the report of the Commission but it never saw the light of the day. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.
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