Second Law Commission (1853) Overview

Study Notes

Created under the Charter Act of 1853 to codify laws in British India.
Differed from the First Law Commission (1834), which focused on substantive laws like the Indian Penal Code (IPC).
Primarily tasked with drafting procedural codes for civil and criminal law.

Focused on finalizing procedural aspects for court operations in civil and criminal cases.
Civil Procedure Code (CPC) 1859:
- Established clear rules for conducting civil cases, including filing suits, serving notices, and collecting evidence.
- Aimed to create a uniform system across British India, replacing inconsistent regional practices.
- Introduced provisions to reduce litigation delays and ensure fair trials.
Criminal Procedure Code (CrPC) 1861:
- Standardized criminal judicial procedures, defining processes for arrest, investigation, trial, and sentencing.
- Provided for the rights of the accused, including the right to a fair trial and legal representation.
- Clarified roles of police, prosecutors, judges, and defense attorneys within the justice system.

Simplification of complex legal systems influenced by diverse customs and local laws in India.
Drafted laws in clear, accessible language for broader public understanding.
Achieved uniformity in legal procedures throughout rural and urban India.

Heavily impacted by utilitarian legal theory advocating for the maximization of societal happiness.
Emphasized rational, clear, and practical laws to reduce litigation costs.
Adopted a pragmatic approach focused on enforceability, bridging the gap between theory and practice.

The CPC and CrPC became foundational to the Indian judicial system, enduring through time.
Both codes formed the core of India's current legal framework, with updates adapting to social changes while maintaining basic structure.
The Commission's reforms served as models for legal systems in other parts of the British Empire, influencing global practices.