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The Indian Penal Code is no doubt a master piece in legislative drafting. Its utility and efficacy has not been diluted much by the long passage of time. The Code has stood the test of time and still largely meets the needs of the contemporary society. It is but natural that with the changes in societal thinking and social consciousness, the changes in law are inevitable and that is how some new offences have been added to the Code in the post-independence era. At the same time, the provisions in their original form have remained almost intact. The many distinctive features of IPC are the products of innovation, vision and foresight. IPC remains as an enactment unsurpassed "in terms of comprehensiveness, integrity of consistent principles, clarity of form and substantive provisions that have generally stood the test of time as lucid expressions of criminal Law" as pointed out by Prof. Barry Wright. One of the most striking features of IPC is the manner in which the mental requirements for offences are carefully distinguished. The eminent drafter of IPC adopted a distinctly utilitarian approach to punishment. A comprehensive and analytical commentary on IPC is a boon to the public especially to those in the legal field.
To write a satisfactory commentary on IPC is not too easy a task. The vastness of the subject, the maze of case law and the mass of data - all these factors create an uphill task to the commentator. Even after a century and half of its existence, tangled confusion prevails in understanding the real scope and import of certain provisions of IPC. The apparently conflicting judgments of the Supreme Court bearing on the interpretation of some important provisions as well as the practical application of settled law have created difficulties in comprehending the true legal position. It is unfortunate that lack of clarity, too broadly worded statements in the judgments and the trend of explaining away the ratio of earlier judgments in a tenuous fashion have been causing problems for the lawyers and subordinate Judiciary. Not noticing earlier judgments on the point is another feature that has compounded the problem. The judge made law develops with the valuable assistance rendered by advocates. If that assistance is lacking, quite often, the Judges even of the highest Court are prone to err. Clarity and reasoning are the real hall-marks of a judgment. The judgments of highest Court are supposed to furnish valuable guidance to the trial and appellate Judges, but not to foment problems in understanding the law of the land. In this scenario, the text-book writer has an arduous task to perform. He shall endeavour to cull out the real ratio of judgments and to indicate definitely whether there was metamorphosis in approach or interpretation. The areas which call for law reform should also be highlighted by the commentator. The treatise-writer dealing with a vast subject of seminal importance to the country has a multi-dimensional role to play if his book should become an effective vehicle of dissemination of knowledge and ideas.
The author of the book Prof. KD Gaur is a well-known legal academician and a scholar of eminence. His aptitude for teaching, writing and research is great, as is demonstrated by this book and his various other contributions to the legal literature. I have gone through his commentary on some of the important provisions of IPC. He has performed the arduous task of updating his earlier edition remarkably well. Elegant analysis, critical appraisal of the legal position with reference to relevant case-law, an account of comparative law in other countries and above all the narration of certain socio-cultural developments having impact on the working of law - are the notable features which enhance the value of this book. The pertinent issues are presented in a proper perspective and his style of writing generates interest in the reading of the book. Particularly, his comments on the application of `rarest of rare` test in relation to death sentence, the offence of attempt at and abetment of suicide in the context of `euthanasia` and the law relating to offences against women are quite instructive. The book has the imprints of his erudition in ample measure. I appreciate his tremendous effort in bringing out this useful commentary.
ISBN - 9789350352533
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Pages : 1540
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