Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code

Author: Barry Wright

Publisher: Routledge

Published: 2016-05-23

Total Pages: 396

ISBN-13: 1317164865

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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.


Penal Power and Colonial Rule

Penal Power and Colonial Rule

Author: Mark Brown

Publisher: Routledge

Published: 2014-02-03

Total Pages: 232

ISBN-13: 1134056036

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This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.


Discretion, Discrimination and the Rule of Law

Discretion, Discrimination and the Rule of Law

Author: Mrinal Satish

Publisher: Cambridge University Press

Published: 2017

Total Pages: 323

ISBN-13: 1107135621

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""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--


Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure

Author: Carrie E. Garrow

Publisher: Rowman & Littlefield

Published: 2015-05-06

Total Pages: 651

ISBN-13: 1442232307

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Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).


Criminal Procedure Code of India

Criminal Procedure Code of India

Author: Shubham Sinha

Publisher: CreateSpace

Published: 2015-04-21

Total Pages: 276

ISBN-13: 9781508884705

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his book is BARE ACT for Criminal Procedure code of India. It contain Criminal Proceedings according to Indian Legal system and is in hardcore format as provided by Indian government authorities The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India.It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the Act contains 528 Sections, 2 Schedules and 56 Forms. The Sections are divided into 37 Chapters.


Commentaries on the Indian Penal Code (ACT XLV of 1860)

Commentaries on the Indian Penal Code (ACT XLV of 1860)

Author: India

Publisher: Arkose Press

Published: 2015-10-21

Total Pages: 656

ISBN-13: 9781345081619

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