Criminal Law (India) Act 1828
| Act of Parliament | |
 | |
| Long title | An Act for improving the Administration of Criminal Justice in the East Indies. |
|---|---|
| Citation | 9 Geo. 4. c. 74 |
| Territorial extent | India |
| Dates | |
| Royal assent | 25 July 1828 |
| Commencement | 1 March 1829[a] |
| Repealed | 31 July 1964 |
| Other legislation | |
| Amends | See § Repealed acts |
| Repeals/revokes | See § Repealed acts |
| Repealed by | Statute Law Revision Act 1964 |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Status: Repealed | |
| Text of statute as originally enacted | |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The act repealed for India acts repealed for England and Wales in the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27).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
[edit]In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, 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]
- Benefit of Clergy
- Larceny and other Offences of Stealing
- Burglary, Robbery and Threats for the Purpose of Robbery or of Extortion
- Embezzlement, False Pretences, and the Receipt of Stolen Property
- Malicious Injuries to Property
- Remedies against the Hundred
In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:
- Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 statutes relating to the criminal law.
- Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
- Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:[5]
- Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 statutes relating to the English criminal law.
- Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice
- Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 statutes relating to the Criminal law. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.
Passage
[edit]Leave to bring in the Criminal Justice (India) Bill was granted to Charles Williams-Wynn MP, Anthony Ashley-Cooper, 7th Earl of Shaftesbury MP, Sir James Mackintosh MP, Sir Edward Hyde East MP, William Fergusson MP and William Astell MP on 4 June 1828.[6] The bill had its first reading in the House of Commons on 6 June 1828, presented by Charles Williams-Wynn MP.[6] The bill had its second reading in the House of Commons on 17 June 1828 and was committed to a committee of the whole house, which met and reported on 24 June 1828, with amendments.[6] The amended Bill was considered by the House of Commons on 7 July 1828 and re-committed to a committee of the whole house, which met and reported on 7 July 1828, with amendments.[6] The bill had its third reading in the House of Commons on 10 July 1828.[6]
The amended bill had its first reading in the House of Lords on 11 July 1828.[7] The bill had its second reading in the House of Lords on 15 July 1828 and was committed to a committee of the whole house, which met and reported on 16 July 1828, without amendment.[7] The bill had its third reading in the House of Lords on 17 July 1828, with amendment.[7]
The amended bill was considered and agreed to by the House of Commons on 22 July 1828.[6]
The bill was granted royal assent on 25 July 1828.[7]
Repealed enactments
[edit]Section 125 of the act repealed for India all enactments 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.[8]
See also
[edit]Notes
[edit]- ^ Section 1.
References
[edit]- ^ 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.
- ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.
This article incorporates text from this source, which is in the public domain.
- ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
- ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
- ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
- ^ a b c d e f Commons, Great Britain House of (1828). Journals of the House of Commons. Vol. 83. H.M. Stationery Office. pp. 399, 407, 440, 444, 469, 473, 488, 500, 507–508, 515, 518, 541, 553, 554.
- ^ a b c d Lords, Great Britain House of (1828). Journals of the House of Lords. Vol. 80. pp. 617, 629, 631, 633, 644, 652. Retrieved 19 October 2024.
- ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. Vol. 29. H.M. statute and law printers. pp. 548–565.
