Book Review: Ratanlal & Dhirajlal “THE INDIAN PENAL CODE” [34th Ed. 2014]Revised by Justice K.T.Thomas and M.A.Rashid [LexisNexis]

Title : THE INDIAN PENAL CODE AS AMENDED BY THE CRIMINAL LAW (AMENDMENT) ACT, 2013ISBN : 9789351430995Format : Soft CoverEdition : 34th EditionPrice : INR 650.00 / US$ 9.94Indian Penal Code, 1860 (hereinafter “The Code”) is a land mark in criminal jurisprudence. It was the first code of criminal law in common law jurisdiction. The Code was largely the manifestation of the work done by the Indian Law Commission, 1834 headed by Lord Thomas Babington Macaulay. The Code was built around the principles of uniformity, diversity, comprehensibility, precision and certainty and was intended to be the singular standard of justice aimed to enhance the rule law.Legal commentators are a part of great lineage of pathfinders whose invaluable contribution played a significant role in the evolution and development of law. Commentaries attempt to analytically or descriptively expound law (statute/code or branch of law) by delving into a deep and broad discussion into basic principles of law taking aid of letter of law, case laws. Through that the commentator comments what is law and what should be the law. In its bare form Indian Penal Code was devoid of the very principles it was built around, viz., certainty, uniformity, comprehensibility and precision. This ignominy was removed by two authors- Ratanlal and Dhirajlal who heralded a new dawn in the Indian legal literature.Into its 118th year, Ratanlal& Dhirajlal, The Indian Penal Code is the oldest commentary on Indian Penal Code. The fact that this book is into its 34th edition (herein after ‘the current edition) is a testimony of its biblical value. This edition has been brought forth by two authors who have affixed their indelible imprint in their respective fields. Honourable Mr. Justice K.T. Thomas is a doyen in the legal echelons. Amongst the pantheons in the temple of justice, His Lordship has captained and stewarded several landmark cases in Constitutional law and Criminal law. Adv. M.A. Rashid is an erudite exuberant and an enterprising author who has rendered pioneering contribution to legal literature.Running into 1500 pages the current edition is a voluminous commentary. The review of the current edition is done on several planks- style, comparative study, descriptive presentation of case laws and provisions, critical analysis of provisions and case laws, incorporation of updated case laws and affordability. This book can be divided into three parts- ‘the general introduction’, ‘the text’, which has commentary on Indian Penal Code and ‘the summary’. ‘General Introduction’ provides a brief insight into the evolution of criminal law and development of modern criminal law in India. ‘Summary’ also gives inputs pertaining to development of Indian Penal Code besides a cursory glance about entire commentary.Structurally the commentary is linear. Comments are provided after every section. Comments are augmented by a comparative analysis of various other statutes and international instruments. Typical example is found on the comments to sections 2 and 4 of the Code. In Enrica Lexie case, the Supreme Court directed the Central government to set up a special court in accordance with the provisions of the Maritime Zones Act, 1976, Indian Penal Code, the Code of Criminal Procedure. The Apex Court also underlined the fact that ‘sovereignty over the maritime zones can be asserted by the Parliament’. In depth coverage of various issues pertaining to admiralty jurisdiction including piracy, SUA Act, UNCLOS, 1982 etc is worth appreciating. Readers can obtain a comprehensive output on this aspect through this book.Copious and generous amount of case laws are analytically and descriptively discussed in the current edition. Up to date case laws enrich this edition. Another notable feature of this edition is tabular presentation of guidelines laid down by the courts in multitude of cases.Criminal dereliction of duty by public servants who are duty bound under law is not unheard in India. Increasing crimes against women in India is a matter of grave concern. Even greater concern is the callousness of the law enforcement agencies to abide by the letter of law. The obnoxious laxity with which police handled the Delhi gang rape case (Nirbhaya case) led to obloquy of police. To address this, Criminal Law Amendment Act, 2013 inserted Ss. 166A and 166B. In Lalitha Kumari v. Government of Uttar Pradesh, constitutional bench of the Supreme Court has issued guidelines for registration of FIR in certain offences deserves mention. These guidelines will truly augment these provisions and will act as a pathfinder to public servants in performing their legal duty. This edition has highlighted lalitha kumari’s case in a tabular format.Society built around ‘rule of law’ cherishes human life. Henceforth, as a corollary, it prohibits killing of any human being by another. Homicide, as was foretold is considered to be one of the heinous of all offences. Based on the culpability, Penal Code...

Book Review: Ratanlal & Dhirajlal “THE INDIAN PENAL CODE” [34th Ed. 2014]Revised by Justice K.T.Thomas and M.A.Rashid [LexisNexis]

Aravind Menon

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