This is an archive article published on September 7, 2017
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The Macaulay we don’t know

Reading him out of context robs his writings of the lessons they hold for modern-day reformers

Written by: Bibek Debroy
6 min readSep 7, 2017 04:45 AM IST First published on: Sep 7, 2017 at 12:30 AM IST
IPC, Macaulay, Indian Penal Code, Law Commission, Justice system, Courts in India, India news, opinion, Indian Express (Representational Image)

Macaulay is much abused by trolls on social media. Unfortunately, people who should know better sometimes succumb to diatribes. I don’t mean Macaulay Culkin. I mean Thomas Babington Macaulay. Macaulay was no mean historian, of England, though not of India. Anyone who knows a smattering of Indian history should know about the Law Commission (Macaulay was chairman) of 1834, the Indian Penal Code (IPC), 1860 and the Criminal Procedure Code (CrPC), 1861. In spite of amendments, the core of the IPC, 1860, is still in the statute books. Not unlike today, there was a time lag between the draft legislation in 1837 and its enactment — the IPC was enacted in 1860.

Despite a Second Law Commission in 1853, the IPC was the single-handed work of Macaulay. His imprint can also be seen in the CrPC, the Civil Procedure Code (CPC) and the Indian Evidence Act. Cast your mind back and imagine the prodigious task of harmonising and unifying criminal law. In pre- and post-Independence India, no other individual has had that kind of impact on law reform. Macaulay never married and had no offspring. But these statutes are his progeny and we can’t wish them away.

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