India Retained Colonial Instruments of Control

India inherited a significant portion of its legal framework from the British colonial regime. These laws were designed primarily to strengthen colonial rule, suppress dissent, and facilitate economic extraction, not to serve the welfare or justice needs of the Indian populace. Despite gaining independence in 1947, India has continued to retain or merely amend many of these colonial laws, reinforcing systemic structures that were originally built for control, not liberty.

1. Indian Penal Code, 1860 (IPC)

Purpose During Colonial Rule:
Drafted by Lord Macaulay, the IPC aimed to codify criminal law for all of British India, replacing diverse customary laws.
 
Colonial Intent:
To enforce uniformity and control. It included provisions like Section 124A (sedition) to suppress freedom fighters like Bal Gangadhar Tilak and Mahatma Gandhi.
 
Post-Independence Status:
Retained with minor changes. In 2023, it was replaced by the Bharatiya Nyaya Sanhita, but the spirit of state supremacy continues.

Citation: Radhakrishnan, P. (2013).
Colonial Legacies and Contemporary Laws.
Indian Journal of Legal Studies.

2. Code of Criminal Procedure, 1898 (Revised as CrPC, 1973)

Purpose During Colonial Rule:
Provided a framework for arrest, bail, trial, and sentencing.
 
Colonial Intent:
Streamlined legal mechanisms for political and criminal suppression.

Post-Independence Status:
The CrPC, 1973 retained much of the old structure. It remains procedural law for criminal trials today.

Citation: Austin, Granville (1999).
Working a Democratic Constitution.

3. Indian Evidence Act, 1872

Purpose During Colonial Rule:
Standardized admissibility of evidence, promoting written over oral tradition.
 
Colonial Intent:
Disregarded customary justice mechanisms of India.
 
Post-Independence Status:
Recently replaced by Bharatiya Sakshya Adhiniyam, 2023, but retains the same foundational logic.

Citation: Sarkar, S. (2011).
Law and Colonialism in India.
Oxford University Press. 

4. Limitation Act, 1859 (Amended in 1963)

Purpose During Colonial Rule:
Restricted time within which Indians could challenge state decisions.

Colonial Intent:
Prevent prolonged litigation that could obstruct colonial administration.

Post-Independence Status:
Adopted as Limitation Act, 1963 with expanded schedules, but similar function.

Citation: Jain, M.P. (2005). I
ndian Legal History. LexisNexis.

5. Arms Act, 1878 (Replaced by Arms Act, 1959)

Purpose During Colonial Rule:
Enacted after the 1857 revolt to disarm the population.
 
Colonial Intent:
Ensure that Indians had no weapons to challenge British rule.
 
Post-Independence Status:
Arms Act, 1959 continues to enforce strict licensing and control.

Citation: Guha, R. (2007).
India After Gandhi. Picador India.

6. Police Act, 1861

Purpose During Colonial Rule:
Set up a loyal, centralized police force after the 1857 revolt.
 
Colonial Intent:
Maintain order and suppress any form of dissent.
 
Post-Independence Status:
Still governs police operations in many states.

Citation: Commonwealth Human Rights Initiative (2005).
Police Act, 1861 and the Need for Reform.

7. Land Acquisition Act, 1894 (Replaced in 2013)

Purpose During Colonial Rule:
Enable government to acquire land for infrastructure.
 
Colonial Intent:
Acquisition for British enterprises, railways, and plantations with minimal compensation.
 
Post-Independence Status:
Replaced by Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, though implementation issues persist.

Citation: Baxi, U. (2008). The Land Question in India.
Economic and Political Weekly.

8. Civil Procedure Code, 1908 (CPC)

Purpose During Colonial Rule:
Codified civil litigation procedures.
 
Colonial Intent:
Created legal complexities that common Indians couldn’t navigate easily.

Post-Independence Status:
Still in force with minor amendments.

Citation: Derrett, J.D.M. (1970).
Religion, Law and the State in India. 

9. Official Secrets Act, 1923

Purpose During Colonial Rule:
Prevent public access to government information.
 
Colonial Intent:
Protect colonial administration from scrutiny.

Post-Independence Status:
Still used to prosecute whistleblowers and journalists.

Citation: Human Rights Watch (2002).
Behind Closed Doors: Official Secrecy in India.

10. Sedition Law – Section 124A IPC

Purpose During Colonial Rule:
Punish acts seen as disloyalty to the Crown.
 
Colonial Intent:
Used against Indian nationalists.

Post-Independence Status:
Remains in IPC, though application stayed by Supreme Court (2022).

Citation: Indian Express (2022).
"Sedition Law Stayed by SC".

11. Indian Contract Act, 1872

Purpose During Colonial Rule:
Regulate commercial relationships, especially those involving British companies.
 
Colonial Intent:
Protect British economic interests in India.
 
Post-Independence Status:
Still in use with few changes.

Citation: Singh, Avtar (2021).
Law of Contract and Specific Relief.

12. Indian Forest Act, 1927

Purpose During Colonial Rule:
Nationalize forest resources.
 
Colonial Intent:
Exploit timber and restrict tribal use.
 
Post-Independence Status:
Still in force; amended by Forest Rights Act, 2006 to restore tribal rights.

Citation: Gadgil, M. & Guha, R. (1992).
This Fissured Land: An Ecological History of India.

Most colonial laws in India were never designed with justice or welfare in mind. Their structure, language, and intent were rooted in maintaining imperial control, and despite political independence, India continues to operate under many of these same frameworks. Recent legal overhauls are beginning to address this legacy, but the pace and depth of change remain slow.

Many of other colonial-era laws have been amended but still retain their original spirit—serving authority more than the people. Until when will India continue to operate under the shadows of colonial jurisprudence, and what bold legislative action is needed to truly realize a pure, people-centered democracy?

When do we get true sense of democracy?