Report No. 35
Amendments Relevant to Capital Punishment, after the Passing of the Indian Penal Code, 1860
Amendments to Indian Penal Code after it was passed may be noted:-
|Sections 302, 303, 121, 132, 194, 194, 305, 307, Indian Penal Code.||"Imprisonment for life" has been substituted for "transportation for life", (Act 26 of 1955, section 117 and Schedule), with effect from.-1-1956.|
|Section 121||Sentence of forfeiture was replaced by fine, by Act 16 of 1921, section 2.|
In gang-robbery attended with murder.-The position according to the Hedaya1 was this-if any one of a gang of robbers commits murder, the prescribed punishment is inflicted upon the whole; because the punishment in this instance is considered as a penalty for the assault of the whole, which is established by each of them being aiding and abetting to the other.2
Section 304A Indian Penal Code (Inserted).-Causing death by negligence-"whoever caused the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
|(Inserted by Act 27 of 1870 section 12).|
|Section 307, 2nd para., Indian Penal Code||"Imprisonment for life" has been substituted for "transportation for life."|
|[Act 26 of 1955, section 117 and Schedule (w.e.f..-1-1956)]|
|Section 367(5), Criminal Procedure Code||Reasons for lesser sentence need not be given (1955 amendment).|
|Verbal amendments, in Indian Penal Code and Criminal Procedure Code.||Verbal charges made by Adaptation of laws orders made from time to time, and by Act 36 of 1957.|
|Sections 60-61, Criminal Procedure Code, (Forfeiture)||Omitted by Act 16 of 1921.|
1. See Beaufort Digest of Criminal Law, (1846), p. 37, para. 129.
2. Hed. Trans., Vol. 2, p. 133.