Codification, Macaulay and the Indian Penal Code

The Legacies and Modern Challenges of Criminal Law Reform

Barry Wright, Wing-Cheong Chan

• Publisher: Routledge
• Year: 2016
• Print ISBN: 9781138745278
• eBook ISBN: 9781317164852
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

INTERNATIONAL AND COMPARATIVE CRIMINAL JUSTICE

Series editors:

Mark findlay, Institute of Criminology, University of Sydney, Australia

Ralph henham, Nottingham Law School, Nottingham Trent University, UK

This series explores the new and rapidly developing field of international and comparative criminal justice and engages with its most important emerging themes and debates. It focuses on three interrelated aspects of scholarship which go to the root of understanding the nature and significance of international criminal justice in the broader context of globalization and global governance. These include: the theoretical and methodological problems posed by the development of international and comparative criminal justice; comparative contextual analysis; the reciprocal relationship between comparative and international criminal justice and contributions which endeavour to build understandings of global justice on foundations of comparative contextual analysis.

Other titles in the series:

Exploring the Boundaries of International Criminal Justice

Edited by Ralph Henham and Mark Findlay

ISBN 978 0 7546 4979 3

The International Criminal Court and National Courts

A Contentious Relationship

Nidal Nabil Jurdi

ISBN 978 1 4094 0916 8

The Limits of Criminal Law

A Comparative Analysis of Approaches to Legal Theorizing

Carl Constantin Lauterwein

ISBN 978 0 7546 7946 2

Domestic Deployment of the Armed Forces

Military Powers, Law and Human Rights

Michael Head and Scott Mann

ISBN 978 0 7546 7346 0

Democracy in the Courts

Lay Participation in European Criminal Justice Systems

Marijke Malsch

ISBN 978 0 7546 7405 4

Codification, Macaulay and the Indian Penal Code

The Legacies and Modern Challenges of Criminal Law Reform

Edited by

Wing-Cheong Chan

National University of Singapore

Barry Wright

Carleton University, Canada

Stanley Yeo

National University of Singapore

First published 2011 by Ashgate Publishing

Published 2016 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

605 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright © 2011 Wing-Cheong Chan, Barry Wright and Stanley Yeo

Wing-Cheong Chan, Barry Wright and Stanley Yeo have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Codification, Macaulay and the Indian Penal Code : the legacies and modern challenges of criminal law reform. -- International and comparative criminal justice)

1. India. Indian Penal Code--History. 2. Criminal law--Codification--History. 3. Macaulay, Thomas Babington Macaulay, Baron, 1800-1859.

I. Series II. Chan, Wing Cheong. III. Wright, Barry, 1957- IV. Yeo, Stanley Meng Heong.

345-dc22

Library of Congress Cataloging-in-Publication Data

Codification, Macaulay and the Indian Penal Code : the legacies and modern challenges of criminal law reform / by Wing-Cheong Chan, Barry Wright and Stanley Yeo.

p. cm. -- (International and comparative criminal justice)

Includes bibliographical references and index.

ISBN 978-1-4094-2442-0 (hardback)

1. Macaulay, Thomas Babington Macaulay, Baron, 1800-1859. 2. India. Indian Penal Code--History. 3. Criminal law--Codificiation--History. I. Chan, Wing Cheong. II. Wright, Barry, 1957- III. Yeo, Stanley Meng Heong.

K5015.4.C63 2011

345--dc22

2011003505

ISBN 9781409424420 (hbk)

ISBN 9781315572499 (ebk)

DOI: 10.4324/9781315572499

Contents

• Preface
• List of Abbreviations of Law Reports Cited
• List of Contributors
• PART I BACKGROUND AND OVERVIEW
  • 1 Revitalising Macaulay’s Indian Penal Code Stanley Yeo and Barry Wright
  • 2 Macaulay’s Indian Penal Code: Historical Context and Originating Principles Barry Wright
• PART II PRINCIPLES OF CULPABILITY
  • 3 The Fault Elements of Offences Neil Morgan
  • 4 The Conduct Element of Offences Bob Sullivan
  • 5 Mistake and Strict Liability Kumaralingam Amirthalingam
  • 6 Abetment, Criminal Conspiracy and Attempt 129 Wing-Cheong Chan
  • 7 Vicarious Liability Michael Hor
• PART III PRINCIPLES OF EXCULPATION
  • 8 Private Defence Cheah Wui Ling
  • 9 Duress and Necessity Stanley Yeo
  • 10 Insanity Gerry Ferguson
  • 11 Intoxication Gerry Ferguson
  • 12 Provocation Ian Leader-Elliott
• PART IV CHALLENGES OF CODIFICATION AND CRIMINAL LAW REFORM
  • 13 An Evaluation of Judicial Interpretations of the Australian Model Criminal Code Matthew Goode
  • 14 Recent Law Reform and Codification of the General Princi...

Table of contents

• Cover Page
• Half Title Page
• Frontmatter 1
• Title Page
• Copyright Page
• Table of Contents
• Preface
• List of Abbreviations of Law Reports Cited
• List of Contributors
• PART I BACKGROUND AND OVERVIEW
• PART II PRINCIPLES OF CULPABILITY
• PART III PRINCIPLES OF EXCULPATION
• PART IV CHALLENGES OF CODIFICATION AND CRIMINAL LAW REFORM
• Index