ABSTRACT
This chapter discusses the dualism in Clive's assessment of Macaulay is also evident in the examination of the IPC. Codes were developed in other British jurisdictions and the first of these, and the one most directly influenced by the ideas of Jeremy Bentham, was Thomas Babington Macaulay's Indian Penal Code (IPC). That the IPC fell somewhat short of comprehensive scientific legislation and a universal jurisprudence is not surprising given the limits of law reform and the imperial context. Macaulay's law commission colleagues were informed that their broad objective was comprehensive codification not only of criminal law, but also of criminal procedure and civil rights and civil procedure as envisaged by Mill and Bentham. Most of the substantive doctrines were not reinventions, although much is rationalised and modernised and the innovations reflect progressive advances. Indeed, many of the original provisions remain more advanced than current English criminal laws or those in Stephen Code-influenced jurisdictions.
