Penal Law of India, 11th Edition (4 Volume) By Hari Singh Gour
Penal Law of India, 11th Edition (4 Volume) By Hari Singh Gour
|Author||Hari Singh Gour|
|Publisher||Law Publishers (India) Pvt. Ltd.|
Law and poetry were two of Sir H.S. Gour's passions. The son of a carpenter by trade, he overcame poverty and long-standing discrimination to become well-known as a lawyer and educator as well as a social reformer via his efforts to free society from pernicious practises like child marriage and the oppression of women. He was in charge of securing the passage of a law allowing women to practise law. Belva Ann Lockwood (1830–1917), who overcame many years of fierce opposition to become the first female attorney to address the U.S. Supreme Court in the nineteenth century, may have served as the inspiration for this desire to eradicate gender discrimination in the legal profession. He criticised various punishments, like as solitary imprisonment, as being excessively harsh and draconian, even though the British people themselves had long since abandoned this practise in England.
The Indian Criminal Code existed long before we granted ourselves this independence, yet it still exists today to support our wholly indigenous system. More than 150 years ago, Lord Macaulay conceived of it and built the groundwork for it. He did not live to see its implementation, which took place after the first American Civil War in 1857. Macaulay was more drawn to humanistic methods. According to him, "the principle of suppressing crime with the least amount of pain, and the principle of discerning truth at the least feasible expense of time and money" should be the cornerstones of the Criminal Code.
The Chief Justice Sir Barnes Peacock and other puisne judges of the former Calcutta Supreme Court, who were also members of the Legislative Council, revised the Code before it was even born. The Ten Commandments are also reflected in the Code, along with ideas from Livingstone's Code of Louisiana and the French Criminal Code.
The most prized of all human freedoms, life and liberty, are guaranteed to Indian people through Article 21 of the Constitution, which Sir H.S. Gour was actively involved in drafting. In contrast, it also ensures an accused person's right to a fair trial, which is protected by Article 20.
Our rules defining freedom, restraint, punishment, crimes and offences, and legal protection exist only within these constitutional bounds. The constitutional apparatus establishes an institutionalised judicial fortress, embalmed and fortified with protections to avoid any possible dent, to ensure their application. In addition, only under Articles 72 and 161 of the Constitution are powers specifically granted in an overriding manner for pardons, reprieves, and alimony.
According to the Encyclopaedia Britannica, "crime constitutes the intentional commission of an act typically judged socially injurious or hazardous and clearly defined. forbidden and penalised under criminal law, across a vast spectrum of cultural and historical differences." This overarching premise is founded on the fundamental component of crime, which is a desire to do harm. In addition to what is covered by the Common Law, the wide range of crimes today encompasses organised crime, white collar crime, terrorism, cybercrimes, and even offences related to space laws. Criminal behaviour may have biological, social, psychological, or Marxist-define class society origins. Even if perfection has not yet been attained, rules are nonetheless created that adhere to all of these factors. Even if civilization has made progress, the task of reducing violence remains unfinished, forcing one to approach the issue with the belief that crime is merely a symptom and not a disease. Because of the persistence of man's innate criminal tendencies, we are once more pulled to the theories of Hobbes, Locke, and Rousseau in our search for answers.
Based on the standards presently established by law, a crime, misdemeanour, or offence is judged for its moral culpability. The social, economic, and political condition of the society, which has its own moral and legal standards, must be taken into consideration while evaluating the cause and effect of crime.
The seven deadly sins—Pride, Wrath, Envy, Lust, Gluttony, Avarice, and Sloth—are the root causes of crime and immorality. Our own Oriental philosophy instructs us on how to free ourselves (Fla) from the five vices that undermine our virtues: Greed (al4), Anger (STe), Lust (STa), and Wealth (318). The laws created by man to meet the discipline of Crime and Punishment are supported by this moral organisation.
In the past, crimes were typically committed covertly out of jealousy, retaliation, desire, or money. We can see a change now. Additionally, it is committed after giving a possible victim notice. It is more audacious and open. This shows an abrupt rise in intolerance. Anger now surfaces quickly and patience is no longer a check. Whether it is a street battle, a car chase, or village politics, our senses no longer consider the repercussions.
It seems like society sets up the crime, and the criminal actually does it. No movie or theatre would show such things unless the society desires violence, crime, and obscenity to be witnessed by the general population. Nonetheless, they are equally legitimate in warning others about these vices. No number of statutory warnings or prohibition laws will be able to stop smoking and drinking if they are considered as normal ways of life.
Criminals offer wise advice in their own sincere way. "It's odd that guys should turn to crime when there are so many ethically dubious things one may do legally."
Our criminal laws address likelihoods, convictions, circumstantial evidence, and tangible proof that can be modern, historical, or even legendary.
Criminals tend to conceal their actions, not realising that sometimes even minute scraps of evidence can be enough to establish that an offence was committed. Every crime has a witness in heaven.
Man always reaps what he sows, and God is a reliable employer. One way for this manifestation to take place is through punishment for crimes. But in addition to mere deterrent, one of the goals of punishment is also to promote reform. Our laws, particularly those pertaining to prisons, are making headway in this direction, but our willingness to uphold them is far behind. Reformation entails the eradication of a vice and the planting of a virtue, which is a rather challenging process. The first step in rehabilitation is to make someone see their error, but it is simpler if the offender acknowledges their own error. Change must originate internally, not from the outside, according to renowned American priest James Cardinal Gibbons (1834–1921).
Legislation cannot create virtue.
The classic novel "Crime and Punishment" by Fyodor Dovoetskey, which has a confession by the main character based on his fiancé's sincere persuasion, is a true example of reform from within. On the other side, the renowned Indian contemporary Munshi Prem Chand's "Panch Parmeshwar" beautifully depicts the delivery of truly fair and impartial justice. Certain conventions need to be established in a civilised world in order to achieve this ideal state. This is much more important in places where regulations govern daily life. Ordinary-life offences are covered by the Indian Criminal Code. This book does a good job of defending punishment, especially for relatively minor offences like public obscenity and intoxication. According to Lord Halifax's "On Punishment" speech from 1750, "Men are not hanged for stealing horses, but that horses may not be stolen," the method of punishing offenders in the Code appears to be based on this statement. Also, it supports Elizabeth Fry's (1780–1845) viewpoint that "punishment is not for retaliation, but to diminish crime and reform the criminal." The world has repeatedly drawn on her lessons about prison reform and her experience attempting it, including Ms. Kiran Bedi, an IPS officer who won the Magsaysay Award, and her accomplishments in contemporary India. Thomas Fuller, a 17* Century cleric and historian who remarked, "To punish and not prevent, is to labour at the pump and leave open the leak," promoted reformation by preventative techniques of excellent moral teaching.
In her "A Song for the Ragged Schools," English author Eliza Cook (1818–89), who lived during the Industrial Revolution's height and the height of British dominance under Queen Victoria in the United Kingdom, penned the following: "Better build school rooms for the boy, Than cells and gibbets for the man."
Clarence Darrow, a prominent American attorney who is better known as Advocate for the Damned, gave one of his legendary summation statements in the Leopold and
The Loeb (1924) trial and the Sweet Case Trial (1925–26) presented the best perspectives on punishment from a human perspective.
There is a different viewpoint that many of us may like to disagree with due to the developing trend of modern crime-fighting techniques and the feeling of insecurity, yet such viewpoints do need to be critically regarded. According to Ramsey Clark, "Our emotions scream for vengeance after a terrible crime, but we know executing the offender cannot repair the crime, will not stop other people from committing similar crimes, does not help the victim, destroys human life, and brutalises society. Violence must stop if we are to continue to value life.
But, we must not disregard what Plato stated in the "Gorgias": "Punishment brings wisdom. It is a form of evil' healing art.
The appropriateness of the penalty follows. "The hole and the repair should be proportionate," wrote Thomas Jefferson in a letter to James Madison, who together established America's future. In Cicero's De Legibus, he wrote, "Let the penalty meet the offence." This is in line with his sentiment. This is essential to instill justice in both the victim and the offender's minds. Every man must be treated fairly. Because "punishment reaches not the mind - it hardens the wrongdoer," punishment should be effective. by John Locke.
I wrote this preface for a book in honour of Dr. Hari Singh Gour's scholarly work, who made a significant contribution to the field of law. This edition's whole layout combines elements of the past, present, and reflections that will be felt in the future. It is a work of intelligence and intense devotion, for which the publishers should also receive praise. A book like this has a shelf life that coincides with one's own life. A book that lacks both interest and utility is useless to both the reader and the book shelf. This particular treatise is a nutritious source of knowledge on the subject and is unquestionably a comprehensive legal diet on Indian penal law. The book can be thought of as a complete, coherent statement that defines the entire range of the Criminal Code in legalese. Simply put, the book is priceless.
The carefully selected chapters have a recognisable rhythm to legal professionals, and after some use, it becomes infectious. Along with the customary emphasis on upholding the law, the book also makes recommendations that spark original thoughts, which significantly aids in the expansion of the law. The book also focuses on law to coordinate the inherent and complex issues that lawyers face, giving it a revealing quality that compels any law enthusiast to own it. Sherlock Holmes and Dr. Watson, the intriguing figures Sir Arthur Conan Doyle developed in the world of espionage, detection, and inquiry, are included in the captivating case law reference.
5 AL THARP
Doyle, Arthur Canon. Readers of this book will be in awe as it unfolds before them, and I have no doubt that they will be surprised and humbled by how much they have missed up to this point. They would then like to dive into it, and with each dive, they would receive a fresh oyster that contained a pearl.
This new edition has advanced significantly by adding recent case law that represents contemporary crimes and how our courts handle them. Almost no other competing current work on the Criminal Code displays such an oddity. The publishers have taken all necessary precautions to complete this enormous task of streamlined compilation with exactitude akin to a dictionary.
To make reference to Woodroffe, Blackstone, or Kenny, one need not linger.
The contribution is enhanced with all material that could be needed by both the Bar and the Bench.
I hope the Publishers can successfully release this edition so that everyone can get their hands on it and have it within easy reach. This succinct, tastefully presented package deserves to be accepted, and I wish it every success.
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