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Ujjwal Kumar Singh

In: Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India

Chapter 9: Penal Strategies and Political Resistance in Colonial and Independent India

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Penal Strategies and Political Resistance in Colonial and Independent India
Penal strategies and political resistance in colonial and independent India
UjjwalKumarSingh

The first Indian Law Commission produced a draft of the Indian Penal Code (IPC) in 1837, which was enacted into law in 1860 after the assumption of direct rule by the Crown in 1858.1 For reasons unexplained, Section 113 of the draft penal code dealing with sedition was not included in the IPC, 1860 (hereafter IPC) and was added 10 years later as Section 124A by a special Act (XXVII of 1870)2 under the chapter ‘Offences against the State’. The members of the Law Commission held that ‘state crimes’, or crimes of a political nature, were especially ‘heinous and formidable’ and required ‘strong and sharp’ measures. ...

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