Page:The Indian Penal Code - Morgan and MacPherson - 1863.djvu/11

 ACT No. XLV. OP I860: THE INDIAN PENAL CODE. In attempting to place the whole law of a country in a «rritten form before those who are to administer^ and those who are to obey it^ snch a mutoal relation will be found to exist between the several parts of the law^ that no single and separata part can be put into writing in a perfect form, while the other parts remain imperfect. That portion, be it what it may, which is selected to be first formed into a Code, with whatever deamess and precision it may be expressed and arranged, must necessarily partake, to a considerable extent, of the imcertainty and obscurity in which other portions are still left. Such is the relation between law generally and that depart- ment of it which defines ofiences and punishes them, that uncertainties in other portions of the law must especially be felt, if the criminals branch is the one first selected to be formed into a Code. For, in every system of law, the depart- ment which contains the penal provisions of the law is added as a guard to the rest of the system, the existence of which, in some form or other, is assumed. A Penal Code assumes that there exist laws creating and defining rights, imposing duties, and providing means for the protection and enforcement of these rights and duties; and that what is commanded or authorized by these laws may well be ascertained. The provi-