Abstract

http://ssrn.com/abstract=2207790
 


 



Private Defence


Wui Ling Cheah


National University of Singapore (NUS) - Faculty of Law

2011

Wing-Cheong Chan, Barry Wright & Stanley Yeo (eds), Codification, Macaulay and the Indian Penal Code: The Legacies and Modern Challenges of Criminal Law Recform (Ashgate 2011)

Abstract:     
This chapter examines the right to private defence in the Indian Penal Code (IPC) using a historical lens and argues for its legislative reconsideration in light of post-colonial developments. By situating this defence against British India’s colonial landscape, it is argued that private defence was primarily viewed by Macaulay as a ‘law and order’ tool of governance. For Macaulay, private defence was to contribute to colonial law enforcement efforts and build a ‘manly’ character in the natives. Today, while the text of these provisions has remained remarkably stable, its content has been significantly reshaped by judicial interpretation. Unfortunately, these judicial developments do not advance a coherent, alternative approach to Macaulay’s ‘law and order’ conceptualization of private defence. However, in some instances, they do reflect inconsistencies with that conceptualization. The chapter concludes by suggesting how private defence can be reformulated in the IPC to reflect a more modern rights-based approach to private defence.

Number of Pages in PDF File: 18

Keywords: Macaulay, Indian Penal Code, Singapore Penal Code, Private Defence, Colonial Ideas of Justice

Accepted Paper Series


Download This Paper

Date posted: January 29, 2013  

Suggested Citation

Cheah, Wui Ling, Private Defence (2011). Wing-Cheong Chan, Barry Wright & Stanley Yeo (eds), Codification, Macaulay and the Indian Penal Code: The Legacies and Modern Challenges of Criminal Law Recform (Ashgate 2011). Available at SSRN: http://ssrn.com/abstract=2207790

Contact Information

Wui Ling Cheah (Contact Author)
National University of Singapore (NUS) - Faculty of Law ( email )
469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Feedback to SSRN


Paper statistics
Abstract Views: 314
Downloads: 45

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds