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History of criminal law in India
Course: criminal law (law of crimes)
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Students shared 9 documents in this course
University: Sikkim University
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History of criminal law in India
Earlier there were no proper laws that provided criminal justice. There existed the concept of ‘an eye
for an eye, tooth for a tooth and life for a life’. With the progress of time there was change in the
approach to crimes, then for ordinary crimes like theft, robbery etc the accused had to pay
compensation to the injured party.
It is observed that the criminal jurisprudence already existed at the time of Manu as Manu regards
theft, robbery, assault, false evidence as the crime. In that time the Kings protected the subjects and
in return the subjects had to pay revenues. So, for ordinary offences of crime the offenders were
required to pay fine to the king and those fines were not used to compensate the victims but went
directly to king’s treasure.
After the British came to India the charter of 1668 was introduced. Under this charter it was in 1672
the court of judicature was established which inflicted punishments of slavery on theft and robbery.
In the ordinary cases of theft, the offender was asked to either pay the monetary fund or were forced
to work for the owner of the article stolen.
In 1772 Warren Hastings took some steps for the proper administration of the criminal justice in
India. He then established the Faujdari Adalat in the districts for the trial of criminal cases. The Kazis
and Muftis sat on the Adalat to expound the law and determine how far the criminals were guilty of
their offences. Along with it a Sudder Nizamat Adalat was established to revise and confirm the
sentences of the Fujdari Adalat especially in capital cases. The administration of criminal offences
were under the nawabs so Mohammedan criminal law remained in force.
The regulating act of 1773 brought some changes in the administration of the criminal justice. The
Supreme Court of Judicature was established at the Fort William, Bengal. Under it even the crimes
committed by the Governor General, General or the judges were tried by the king’s bench in
England. It was further amended in 1781 and the Mohammedan criminal law was made applicable to
the Mohammedan and Hindus in Bengal.
Among the three presidencies of British India in Bengal limited jurisdiction was given to the law
officers of Zilla and city courts. The used to decide petty theft cases. They could fine up to Rs 50 and
imprison for not more than one month with or without forced labour. For serious offences the
magistrate could imprison extending to two years. For serious offences the cases were tried by the
session judges. In the Madras presidency the District Munshiffs had limited jurisdiction on criminal
cases. They could fine up to Rs 200 and imprisonment of not more than one month. The serious
offences were tried by the magistrate who could imprison for one year. For the offences that were
heinous in nature were forwarded for trial to the session judges. The offences against the state were
referred to the Fauzdari Adalat. The Fauzdari Adalat was the chief criminal court in Madras
Presidency. In Bombay presidency, the pattern of Bengal and Madras was followed for the
administration of the criminal justice.
In 1833 Thomas Babington Macaulay moved the House of Common to codify the whole criminal law
in India. He said in the house of commons that Mohammedans were governed by the Koran, Bombay
presidency Hindus b the institutes of Manu. There were different laws in different provinces. So, the
charter of 1833 was introduced. The charter brough a single legislation for whole of the British India.
Under the charter of 1833 the first law commission was formed with Thomas Babington Macaulay as
its chairman. While preparing the Indian Penal Code they referred not only to the English and Indian
laws but also to the Livingstone’s Louisiana Code and the code of Napolean. The draft of the Indian
Penal Code was presented before the Governor General in council on October 14, 1837. On April 26
