The Indian Penal Code was the most significant piece of legislation passed in 1860. It was so extensive and included every kind of criminal activity that it was widely regarded as a very good summary of the country’s substantive criminal law. Over the course of several years, starting in 1833, the Indian Penal Code was developed by a group of some of the most brilliant jurists to have ever visited India. It was applicable alike to all classes of the community. The Act of Indemnity, whose provisions were made essential by the mutiny and the chaos it brought with it, was the only other notable legislation of 1860.
The Indian Penal Code’s list of penalties was expanded by Act VII of 1864 to include whipping, which was specifically applied to elderly offenders. The native society saw whipping as a kind of punishment that included significant degradation, and the higher authorities were always supposed to keep a close check on its activities.
Sir Fitzjames Stephen, an English lawyer, judge, writer and philosopher in 1870 got four important legislative enactments passed, which were the Land Acquisition Act, the Income Tax Act, the Hindu Wills Act and the Penal Code Amendment Act. The amendment to the Penal Code introduced the section with reference to the law of sedition in British India. The wording of that clause was so generic and ambiguous that it gave the highest legal authorities a great deal of leeway in interpretation, and the law was nevertheless deemed to be unclear on the matter. In this regard, the Penal Code’s provisions could be used by an oppressive government to take away the freedom of the press granted by Lord Metcalfe through a complicated procedure. It was thus recommended that the trials be conducted by very powerful juries.
