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Concept
Indian Penal Code
Résumé
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in India during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The code has since been amended several times and is now supplemented by other criminal provisions.
After the partition of India, the Indian Penal Code was inherited by India and Pakistan, where it continues independently as the Indian Penal Code and Pakistan Penal Code. After the independence of Bangladesh from Pakistan, the code continued in force there. The code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.
As of 11 August 2023, the Central Government has proposed a bill to replace the Indian Penal Code with the Bharatiya Nyaya Sanhita (BNS).
The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1835. Based on a simplified codification of the law of England at the time, elements were also derived from the Napoleonic Code and Edward Livingston's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857.
Source officielle
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