Full Description
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.
Contents
Contents: Preface; Part I Background and Overview: Revitalising Macaulay's Indian penal code, Stanley Yeo and Barry Wright; Macaulay's Indian penal code: historical context and originating principles, Barry Wright. Part II Principles of Culpability: The fault elements of offences, Neil Morgan; The conduct element of offences, Bob Sullivan; Mistake and strict liability, Kumaralingam Amirthalingam; Abetment, criminal conspiracy and attempt, Wing-Cheong Chan; Vicarious liability, Michael Hor. Part III Principles of Exculpation: Private defence, Cheah Wui Ling; Duress and necessity, Stanley Yeo; Insanity, Gerry Ferguson; Intoxication, Gerry Ferguson; Provocation, Ian Leader-Elliott. Part IV Challenges of Codification and Criminal Law Reform: An evaluation of judicial interpretations of the Australian model criminal code, Matthew Goode; Recent law reform and codification of the general principles of criminal law in England and Wales: a tale of woe, Chris Clarkson; Principled criminal law reform: could Macaulay survive the age of governing through crime? Reflections from the floor, Mark Findlay; Index.
