Home Minister Amit Shah surprised the nation on August 11, the last day of the Monsoon Session by introducing three Bills in Lok Sabha to overhaul the country’s criminal justice system. The minister told the House that the colonial mindset of giving punishment, rather than justice, was at the foundation of our criminal laws. According to the government, the three new Bills to replace the Indian Penal Code of 1860 (IPC), the Evidence Act of 1872 and the Code of Criminal Procedure of 1973 will simplify procedures, make the laws relevant to the contemporary situation and provide speedy justice.
At the centre of our criminal justice system is the 164-year-old IPC, which defines crimes and prescribes their punishment. The architect of this law was an English lawyer, Thomas Babington Macaulay. He once described his legal experience as being limited to convicting a boy of stealing a parcel of cocks and hens. But Macaulay had a sharp mind, studied law at Cambridge and was interested in politics. His writings brought him into public focus, and a senior politician offered him a pocket borough seat. As a result, Macaulay became a member of the House of Commons in 1830 at the age of 30.