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Research Paper Volume 7 Issue 6 239 - 253 November 17, 2024

Theoretical Assessment of New Sanhithas

Lead author · Corresponding
Mohamed Sajid Nadwi
Advocate at the Hon'ble High Court of Madras, India
Download PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118524
Abstract

The need to reform criminal laws arises from a fundamental misunderstanding of their true implications and effectiveness. When the theoretical framework of these laws remains unchanged since the colonial era, the new legal system will inevitably retain its imperial characteristics. How can the new Sanhithas be praised for ending the colonial mindset when the core principles remain the same? This question has caused an appeal to a rigorous examination of the historical overview of the Indian Penal Code by exploring why the British wanted a criminal law for India and, in the event, how they subtly incorporated English Legal principles. The underlying notion is that English legal principles are the only understandable system of laws known to the British. Clearly, the same principles have guided the creators of the new Sanhithas in establishing laws while preserving most provisions of the IPC. This is because it is the only framework they fully grasp.

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Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 239 - 253
DOI: https://doij.org/10.10000/IJLMH.118524
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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