Influence of English law in Indian Judiciary

.

1. Influence of English Law in India Evolution of Criminal and Personal Laws under British Rule

2. Introduction • How English law influenced Indian legal systems • Importance of British legal principles in shaping modern Indian laws

3. Ancient Hindu Criminal Law • Based on Dharmaśāstra, Manusmriti, and Arthashastra • Concept of punishment (Danda Nyaya) and varna-based justice • Crimes categorized as moral wrongs (Paapa) and crimes against the state (Rajdroha, Danda) • Role of King (Dharma Raja) as the chief judge

4. Early Muslim Criminal Law • Sharia-based laws: Derived from Quran, Hadith, and Ijma • Principles of Qisas (retaliation) and Diyya (blood money) • Role of Qazis (judges) and Muftis (legal experts) • Punishment categories: Hudood, Tazir, and Qisas

5. Criminal Law in Other Parts of India • Tribal laws: Customary justice based on traditions • Maratha and Mughal influences: Strict revenue and military laws • British interventions in local laws before codification

6. Growth of Hindu Personal Law • Derived from Shruti, Smriti, and Commentaries • British recognized Mitakshara and Dayabhaga schools • Influenced by British ideas of inheritance and women’s rights

7. Growth of Muslim Personal Law • Continued under British rule but with judicial interpretations • Shariat Act, 1937 – Protection of Islamic personal laws • British courts created Anglo-Muhammadan Law (mix of English and Islamic principles)

8. Principles of Justice, Equality, and Good Conscience • Introduction of Rule of Law • Emphasis on justice, fairness, and equality before the law • Replaced caste-based and religion-based justice with uniform legal principles

9. Influence on Hindu Law • Codification of Hindu Laws (e.g., Hindu Widows' Remarriage Act, 1856) • British courts promoted rational approaches over religious orthodoxy • Introduction of Evidence-based legal system over traditional methods

10. Importance of Codification • Indian Penal Code (IPC), 1860 – Macaulay’s reform • Criminal Procedure Code (CrPC), 1861 – British procedural influence • Simplification and codification of civil laws for uniformity

11. Major Modifications in Criminal Law • Abolition of barbaric punishments (e.g., mutilation) • Introduction of modern policing and jails • Shift towards evidence-based prosecution instead of religious testimony

12. Impact on Modern Indian Legal System • Indian Constitution adopted British legal principles like: - Separation of Powers - Judicial Review - Fundamental Rights & Due Process • Indian criminal laws still rely on IPC, CrPC, and Evidence Act

13. Conclusion • English law transformed India's legal system from a religious/customary framework to a uniform, codified legal system • Introduced fair trials, legal equality, and modern criminal justice • Influence continues in present-day Indian law