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TEXT-BOOKS AND COMMENTARIES CITED.
SPENCE, On Equitable Jurisdiction, London, 1846, vol. ii, 1849.
Hist. C. L. A History of the Criminal Lar of England, 3 vols.,
London, 1883. STORY, Eq. Jur. = Commentaries on Equity Jurisprudence, 12th ed., London
and Boston, 1877. Sugr., V. & P. = The Law of Vendors and Purchasers of Estates, by E. Sugden,
14th ed., London, 1862. TAPPING, The Law and Practice of... the Writ of Mandamus, London, 1848, TAYLOR, On the Law of Evidence, 2 vols., 8th ed., London, 1885. UNDERHILL, Law of Trusts and Trustees, 2nd ed., London, 1884. VANDERLINDEN, Institutes of the Law of Holland, London, 1828. WEST & B., Digest of Hindu Law, by R. West and G. Bühler, 3rd ed., Bombay,
1884. W. & T., L. C. = White and Tudor's Leading Cases in Equity, 6th ed.,
E. V. Williams, 8th ed., London, 1879.
INTRODUCTION TO THE PENAL CODE.
The Indian Penal Code is now contained in the principal Act, XLV of 1860, the Whipping Act, VI of 1864, and the three amending Acts, XXVII of 1870, XIX of 1872, and VIII of 1882', Its enactments naturally fall into six divisions or parts, which may be thus entitled: I. Preliminary, II. Punishments, III. Offences against the State and the Public, IV. Offences against Individuals, V. Participation, and VI. Attempt. But, as the Code is at present arranged, the rules as to Punishments are placed between the chapters respectively entitled "General Explanations' and General Exceptions, which are certainly preliminary matter: bigamy and other acts injurious to public morality are treated after violence to the person: the enactments as to Participation must be sought for in chapters II (secs. 34, 35, 37, 38), V, VI (secs. 121, 125), VII (secs. 131-139), IX (sec. 164), XII (sec. 236), XVI (secs. 305, 306, 310) and XVII (secs. 391, 394, 396, 400-402, 411-414); and the enactments as to Attempt are scattered through chapters VI (secs. 121, 124, 125, 130), IX (secs. 161, 162, 163), XI (secs. 196, 198, 200, 213), XII (secs. 239, 240, 241), XVI (secs. 307, 308, 309, 318), XVII (secs. 385, 387, 389, 391, 393, 394, 398), aud, lastly, XXIII. In this Introduction the Code will be considered in the order of subjects above indicated.
Part I. PRELIMINARY. To this division belong the chapters now respectively numbered and headed I. Introduction; II. General Explanations; IV. General Exceptions.
The amendments made by these on Participation (Theilnahme), and Acts, as well as by Act VI of 1861 puts both before the chapters dealing (to alter the time from which the with the offences implied in every Indian Penal Code shall take effect), attempt and participation. Surely the and the Indian Oaths Act, 1873, s. 15, most simple and logical plan is first to will be found infra in their proper treat offences actually committed by places. The portions of the Code principals, then to deal with acceswhich have been repealed by Acts XIV sorial offences, and then with cases in of 1870, XXVII of 1870, XIX of 1872 which the criminal has only tried and X of 1882, will here be omitted, to commit one or more of the offences
* The Strafgesetzbuch für das before considered. This plan is also Deutsche Reich places the chapter the more convenient as it saves bn Attempt (Versuch) before that many forward references. VOL. I.
Chapter I contains the Preamble to the Code: its Short Title: the date at which it took effect (commonly called the Commencement): provisions relating to its personal application and local extent; and a section saving certain other laws.
The brief preamble merely recites that it is expedient to provide a general penal code for British India. The expediency appears from the facts, (a) that, when the Code came into force, the criminal law of British India was, in the three Presidency towns, the English criminal law, unreformed save by 9 Geo. IV. c. 74 and Acts XXXI of 1838, XXII of 1839, and XVI of 1852", and, in the Mufassal", partly that introduced by the Muhammadan conquerors, partly that established by the Anglo-Indian Regulations ; and (6) that the English criminal law was an artificial and complicated system, framed without reference to India, and even in England considered to require extensive reform: that the Muhammadan criminal law was unsuited to a civilised country; and that the Anglo-Indian Regulations, made by three different legislatures, contained widely different provisions, many of which were amazingly unwise,
1 Some small amendments were the imprisonment assigned to his also effected by Acts VII and XIX offence in the other two Presiof 1837, XXXI of 1839, VII and X dencies. of 1844.
'In Bengal the purchasing of * Except the Panjáb, where regimental necessaries from soldiers manual of criminal law framed is not punishable, except at Calcutta, originally by Sir R. Temple had been and is there punishable with a fine of given by the executive as a guide to only fifty rupees. In the Madras the magistrates.
Presidency it is punishable with a * The following instances are taken fine of forty rupees. In the Bombay from the letter dated the 14th Oct. Presidency it is punishable with 1837, addressed to Lord Auckland imprisonment for four years. by Macaulay and the other members • In Bengal the vending of stamps of the Indian Law Commission :- without a licence is punishable with
• In Bengal serious forgeries are a moderate fine; and the purchasing punishable with imprisonment for of stamps from a person not licensed a term double of the term fixed
to sell them is not punished at all. for perjury; in the Bombay Pre- In the Madras Presidency the vendor sidency, on the contrary, perjury is is punished with a short imprisonpunishable with imprisonment for a ment; but there also the purchaser term double of the term fixed for the is not punished at all. In the Bommost aggravated forgeries ; in the bay Presidency, both the vendor and Madras Presidency, the two offences the purchaser are liable to imprisonare exactly on the same footing. ment for five years, and to flogging...
'In the Bombay Presidency the escape “The penal law of the Bombay of a convict is punished with imprison- Presidency has, over the penal law ment for a term double of the term of the other Presidencies, no superiassigned to that offence in the two ority, except that of being digested. other Presidencies, while a coiner is In framing it, the principles accordpunished with little more than half ing to which crimes ought to be