Indian Penal Code, 1860
Section 56
repealedSentence of Europeans and Americans to penal servitude.
Repealed by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949)
Why this exists
The original Indian Penal Code of 1860, drafted under British colonial rule, contained special rules for European and American offenders, often giving them separate or lighter punishments than Indians convicted of similar crimes, such as being sent to different institutions or receiving distinct sentence types. After India became independent in 1947, such racially discriminatory provisions were seen as incompatible with the new nation's constitutional commitment to equality before the law. The Criminal Law (Removal of Racial Discriminations) Act, 1949, was enacted specifically to strip out these colonial-era racial distinctions from the Penal Code and other criminal statutes, ensuring uniform treatment of all persons regardless of race or nationality.
Common misconceptions
- Myth: Section 56 still exists and gives special treatment to foreigners in Indian courts today.
Fact: Section 56 was completely repealed in 1949, and no such racial distinction exists in Indian criminal law today; all persons are treated equally under the Indian Penal Code regardless of nationality or race.