Staying True to the Indian Penal Code: A Case Study on Judicial Laxity
Volume 4 Issue 2 (2011)
This article examines an unfortunate judicial tendency to depart from the precise wording of the Indian Penal Code by referring to non-Code sources of authority and introducing words and concepts which differ from the Code provisions. This is well illustrated by studying the recent Supreme Court of India judgment in Darshan Singh v. State of Punjab, (2010) 2 SCC 333: AIR 2010 SC 1212 concerning the plea of private defence. The dangers created by this tendency are highlighted and suggestions have been made as to the proper approach that our courts should take.