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Criminal Law (India) Act 1828

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Criminal Law (India) Act 1828
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for improving the Administration of Criminal Justice in the East Indies.
Citation9 Geo. 4. c. 74
Territorial extent India
Dates
Royal assent25 July 1828
Commencement1 March 1829[a]
Repealed31 July 1964
Other legislation
AmendsSee § Repealed acts
Repeals/revokesSee § Repealed acts
Repealed byStatute Law Revision Act 1964
Relates to
Status: Repealed
Text of statute as originally enacted

The Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was an Act of the Parliament of the United Kingdom that reformed criminal justice in India.

The Act repealed for India Acts repealed for England and Wales in the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27).

Background

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In the United Kingdom, Acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[3]

In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:[4]

In 1827, several Acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:

In 1828, the Offences Against the Person Act 1828 (9 Geo. 4 c. 31) was passed, which consolidated for England and Wales provisions in the law related to offences against the person.

Repealed acts

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Section 125 of the Act repealed for India all Acts (and parts of Acts) repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27) and the Offences Against the Person Act 1828 (9 Geo. 4. c. 31), effective on 1 March 1829.

See also

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Notes

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  1. ^ Section 1

References

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  1. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
  2. ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. Public Domain This article incorporates text from this source, which is in the public domain.
  3. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  4. ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
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