Code - Definition - Law Dictionary Home Dictionary Definition code

Definition :

Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.

The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or regulations concerning the forests, which was promulgated under Charles X. in 1827. All these codes are sometimes called 'Lex six Codes.' A Code de la Conscription and a Code Militaire were also promulgated under Napoleon. Al
l these codes under his administration are sometimes confusedly designated by the name of the Code Napoleon, Life of Napoleon, by Vieusseux; Myer's Esprit des Institutions Judiciaries. There are English translations of the Code Civil by H. Cachard (1895), and E. Blackwood Wright (1908).

In British India the law has been partly codified; in Great Britain the chief 'codifications' are those effected by the (English) Bills of Exchange Act,1882 (45 & 46 Vict. c. 61)''an Act to codify the law relating to Bills of Exchange, Cheques, and Promissory Notes'; the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39)''an Act to declare and amend the law of Partnership'; the (English) Sale of Goods Act, 1893 (56 & 57 Vict. c. 71)''for codifying the law relating to the sale of goods'; and the (English) Marine Insurance Act, 1906 (6 Edw. 7, c. 41)''an Act to codify the law relating to Marine Insurance.' There have no doubt been a great many consolidation Acts (see that title) passed in recent years. but consolidation merely reduces into shape the law as already written in many existing statutes; whereas codification not only does that, but fuses into the new whole the Common Law (as laid down by judicial decisions) besides.

A Criminal Code (Indictable Offences) Bills was submitted to Parliament in 1878. This Bill, which was drawn by Mr. Justice Stephen when at the Bar, was referred to a Royal Commission. After the Report of the Commissioners the Bill was reintroduced and referred to a select Committee of the House of Commons, whose sittings, however, were cut short by a dissolution of Parliament, were cut short by a dissolution of Parliament, and the Bill has not since been proceeded with. See Sir Leslie Stephen's Life of Sir J.F. Stephen, p. 379. For a historical sketch of the subject of codification, see Holland's Essays on the Form of the Law, 29.

In New Zealand, a Criminal Code Act, 1893 (No. 56 of 1893), contains 424 ss. and repeals 33 Imperial Acts from 5 & 6 Edw. 6, c. 11 (against Treason), down to 14 & 15 Vict. c. 100 inclusive.

In India, s. 2(1) of the Code of Civil Procedure, 1908 defined 'Code' as including 'rules'. S. 2(18) defined 'rules' as meaning 'rules and forms contained in the first schedule or made s. 122 or s. 125'. S. 121 of the 1908 Code declared that the rules in the First Schedule shall have effect 'as if enacted in the body of the Code until annulled in accordance with the provisions of Part X of the Code' (Ss. 121 to 131). S. 122 enabled the High Court to make rules, from time to time 'regulating their own procedure or the procedure of the Civil Code subject to their superintendence, and made by such rules, annul, alter or add to all or any of the rules in the First Schedule'. S. 126 made the rules made by the High Court subject to the previous approval of the Government of the State. S. 127 provided that the rules as made and approved shall have the same force and effect as if they had been contained in the First Schedule. The provisions make it abundantly clear that the rules made by a High Court altering the rules contained in the First Schedule as originally enacted by the legislature shall have the same force and effect as if they had been contained in the first schedule and, therefore, necessarily became part of the Code for all purposes. That is the clear effect of the definition of the expressions 'Code' and 'rules' and ss. 121, 122 and 127, State of Uttar Pradesh v. Pt. Chandra Bhushan Misra (1980) 1 SCR 1131: 91980) 1 SCC 198: AIR 1980 SC 591.