Question

Which of the following forms the backbone of Indian criminal law?
A.Indian Penal Code
B.Charter Act 1813
C.Charter Act 1833
D.Charter Act 1853

Answer 1

Hint: Most legal systems of countries around the world have their basis in civil law, common law, statutory law or religious law or they are a hybrid of all of these. In India too, laws are a mixture of all these mentioned above and alongside that it has a separate set of religious laws followed Hindus, Muslims and Christians. Most of the civil and criminal legal frameworks in India have been inherited from the colonial era and various legislations introduced by the British which have only been modified for use presently.

Complete step by step solution:
Option A: Indian Penal Code is correct. Enacted by the Imperial Legislative Council in India in the year 1860, it still functions as the official criminal code of India. The Indian Penal Code is divided into 23 chapters and comprises 511 sections. The Code has been amended over 77 times between 1870 and 2018.
Option B: Charter Act of 1813 is incorrect. Through it, the British Parliament renewed the Charter Act of 1793 to continue the East India Company’s rule in colonial India. Further, it permitted Christian missionaries to propagate English and preach Christianity in the Indian Subcontinent.
Option C: Charter Act of 1833 is incorrect. This was another renewal of the Charter Act of 1813 that gave the British East India Company full administrative powers over the Indian subcontinent and ended their commercial activities. It was also called the Government of India Act 1833 because it authorised the office of the Governor-General of Bengal to function as the Governor-General of India. It also established the first law commission in India that went on to draft the Indian Penal Code.
Option D: The Charter Act of 1853 is incorrect. It provided the Governor-General’s council with separate legislative and executive powers and designated a new office for the Governor of the Bengal presidency which had earlier dissolved when the office became the Governor-General via the Charter Act of 1833.

Note: The Code of Criminal Procedure was enacted in 1973 and provides the procedure of criminal law from investigation to the apprehension of suspects, collection of evidence, and determination of guilt or innocence of the accused person.