Book Review: Codification, Macaulay and the Indian Penal Code: The Legacies and Modern Challenges of Criminal Law Reform by Wing-Cheong Chan, Barry Wright and Stanley Yeo, eds.
Chen Siyuan
Citation: [2011] Sing JLS 581
As noted (at p. vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) ("IPC"), largely the work of Thomas Macaulay, "was the first codification of criminal law in the British Empire and is the longest serving code in the common law world". Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked to either resolve newfound ambiguities and loopholes in the pro-visions, or interpret provisions in the context of evolving social norms. Lacking a democratic mandate, different judges will also have different conceptions of how much judicial activism can and should be accommodated.