Step-by-Step Comparison: Indian Penal Code versus English Common Law

 
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The Indian Penal Code (IPC) and the English Common Law are two distinct legal systems with their own unique characteristics and approaches to criminal law. Here's an overview of the major differences between the two:

  1. Codification vs. Uncodified Law: The IPC is a codified law, meaning it is a comprehensive and organized written document that outlines the various crimes and their corresponding punishments. English Common Law, on the other hand, is an uncodified law, meaning it is based on a collection of judicial precedents and principles established over centuries.

  2. Origin and Development: The IPC was drafted in the mid-19th century during the British colonial rule in India. It was heavily influenced by English criminal law but also incorporated elements of Hindu and Muslim law. English Common Law, on the other hand, has evolved over centuries through a series of court decisions and legal precedents.

  3. Structure and Scope: The IPC is structured into 23 chapters and covers a wide range of offenses, from minor crimes to serious felonies. English Common Law is less structured and encompasses a broader range of legal issues, including criminal law, civil law, and constitutional law.

  4. Approach to Criminalization: The IPC adopts a principle of strict liability, meaning that an offense is punishable even if the offender did not intend to commit it. English Common Law, on the other hand, generally requires proof of intent or mens rea, meaning that the offender must have the mental state necessary to commit the crime.

  5. Interpretation and Application: The IPC is interpreted and applied by the courts in India based on its literal meaning and the legislative intent. English Common Law, on the other hand, is interpreted and applied based on the principles of stare decisis, meaning that courts are bound by previous judicial decisions.

  6. Role of Precedents: Precedents play a significant role in both the IPC and English Common Law. In the IPC, precedents help clarify the interpretation and application of the code's provisions. In English Common Law, precedents form the basis of the legal system and guide future court decisions.

  7. Evolution and Adaptation: The IPC has undergone numerous amendments over the years to adapt to changing social and legal contexts. English Common Law has also evolved through judicial decisions and legislative changes, reflecting the changing needs of society.

In summary, the IPC and English Common Law represent two different approaches to criminal law, with the IPC being a codified system with a more structured approach to criminalization, while English Common Law is an uncodified system that relies heavily on judicial precedents. Despite their differences, both systems share the common goal of maintaining order and protecting society through the enforcement of criminal law.

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