ABSTRACT
This chapter examines the fault elements in the Indian Penal Code (IPC) and it focuses on the core values underpinning Macaulay's draft Code. The Australian Commonwealth Criminal Code, as a recent example of comprehensive codification, is a useful reference point. The chapter concerns the Penal Code, but it is obvious that there is a great deal of other criminal legislation. Macaulay's Notes and draft Code offer surprisingly little guidance on the primary fault elements. It considers the substantive law in isolation from other fundamental questions relating to proof and punishment. One of the most striking features of Macaulay's draft Code is the careful alignment of the physical element with the fault element. It is necessary as part of the reform process to consider how to deal with cases where no fault element has been set. Dishonestly is defined by reference to intention and it is well established that taking a risk of causing wrongful gain.
