Revitalising Macaulay's Indian penal code
The year 2010 marked the 150th anniversary of the Indian Penal Code 1860 (IPC), making it the longest serving criminal code in the common law world. The knowledge and understanding of the principles of substantive law have, through the work of judges and jurists, greatly increased since then. Stephens lavish praise was entirely warranted given the overly complex, confusing and cumbersome state that English criminal law was in at the time. According to Macaulay, a good code should have the qualities of precision and comprehensibility, and should reflect legislative rather than judicial law-making. While modern codification may be premised on democratic legislative ideals, it must be acknowledged that attributing democratic claims to Macaulay's emphasis on legislative activism is problematic. Judicial activism is also a primary concern. Having a General Part has the further benefit of reinstating the IPC as the main repository of the substantive criminal law.
Yeo, S. (Stanley), & Wright, B. (2011). Revitalising Macaulay's Indian penal code.