Colonial laws that still exist in India

Our nation was dominated by the British for hundreds of years, and they brought about a great deal of positive and negative development. Before the non-British rule, there were no laws or regulations in our country, but after the British arrived, there were many laws, regulations, and decrees. Even after 75 years of independence, some of the laws remain in effect. In this article, we would discuss the colonial rule that still exists in India.

Colonial laws that still exist in India
Image Source: Law Essentials

The Indian Evidence Act, of 1872 

This law was first introduced in 1872 and is still in effect today. This Act lays forth which items can be used as evidence and which ones must be reported in advance to the court of law. Additionally, it lists all of the evidence that may be used in a court of law. Consequently, this statute still has a big impact on legislation.

Indian Penal Code, 1860 

This act was enacted under the chairmanship of Sir Thomas Babington Macaulay in the year 1862. This enactment was based on the simple codification of the law of the England and the Napoleonic Code and the Louisiana Civil Code of 1825. The Indian Penal Code is the official criminal code of India, which crimes and penalties under Indian Law. 

Death Penalty 

The British-drafted Indian Penal Code also includes the death sentence in its list of laws (IPC). Numerous crimes now carry the death penalty as a result of IPC provisions. However, due to judicial interpretation, India’s death penalty law has developed greatly over time. According to Supreme Court precedent, the death penalty is only applied in the rarest of situations for the most egregious of criminal offenses.

The Transfer of Property Act, 1882

This act was also enacted by the British government on July 1, 1882. This Act defines “transfer of property” as “the granting of property to one or more others or to oneself’.  Such transfer can either be in the present or in the future. This act applies to both movable and immovable property. This act is governed by various principles like justice, equity, and good conscience. 

The Foreigners Act, 1946

This Act was also passed prior to independence. According to this Act, anyone who is not an Indian citizen is considered a foreigner. The individual will have to prove whether or not he or she is a foreigner. If anyone believes that a foreign national is staying longer than permitted to stay in India, they must report the suspicion to the nearest police station. If not, legal action will be taken against that person.


The British were present for a long enough period of time to influence and shape the current legal system. While certain laws have only helped the nation’s legislators design the law of the land in a justifiable manner, others that are outdated and just intended to take advantage of the accused should be repealed. Overall, these British rules have done more harm than good, therefore there is no use in upholding them today, 75 years after the country gained its freedom.

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