Essay on Perception about Criminal Law in Ancient India!
In ancient Indian primitive societies the administration of justice was the concern of the common people through their various associations such as Kula, Sreni, and Guilds etc. The King was not involved in the administration of justice at that time. It was the Dharma Sutras in which it was mentioned for the first time that administration of justice was one of the primary functions of the King.
Manu’s comprehensive Code contained not only ordinances relating to law, but a complete digest of the prevailing religious precepts, legal philosophy, customs, usages etc. He in his criminal law seems to have recognised assault, theft, robbery, breach of trust, false evidence, slander, adultery, homicide, libel, gambling etc. as crimes.
These were the principal offences against persons and property which were recognised under the ancient Indian criminal law. The gravity of the offence, however, varied with the caste and creed of the offender and so was the sentence as well. The Brahmins were treated with exceptional leniency in matter of punishment.
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The ancient criminal law in India did not recognise the distinction between public and private wrongs. Murder and homicides were regarded as private wrongs. The right to claim compensation from the wrong-doer was generally accepted. A distinction was, however, made between casual offenders and habitual criminals.
Again, provisions for exemption from criminal liability existed where the act was done in self-defence, without intention or by mistake of fact or by consent or it was a result of an accident which are now incorporated in the Indian Penal Code as General Exceptions.
Criminal law as found in Mann’s Code prevailed in India until the Moghul rule was established. The administration of criminal justice was entrusted to Kazis under Moghul rulers. It provided punishment in the form of Kisa or retaliation, Diyut or blood money, Hadd or fixed punishment, and Tazir or Syasa which meant exemplary punishment.
The notions of Kazis, however, varied according to the power of culprits, hence the law lacked uniformity. In general, the criminal justice administration suffered from many inherent defects during Moghul rule in India.
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After the British rule in India, efforts were made to introduce a uniform code of penal laws as a result of which the Indian Penal Code, 1860 was passed which came into force on 1st January, 1862 replacing all earlier rules and regulations on criminal law that existed in British India. Notably, it is still the law of the land even to this day.