Illustrating the Indian Penal Code: Bigamy, the Victorian Novel, and the Formation of National Identity

Abstract This essay argues that the Indian Penal Code (1862) served as a surrogate constitution under colonial law. Lacking a framework for civil rights, the Law Commissioners sought to bring clarity to the law by supplementing the criminal code with extensive notes and illustrations. While the IPC aspired to universality in substantive law, the notes and illustrations worked in opposition to this goal by perpetuating racial hierarchies. Using hypothetical narratives, the notes and illustrations painted a portrait of Indians as habitually criminal and unruly in their appetites and affections. The tension between the IPC’s universalist rhetoric and its persistent recourse to racial difference is exemplified in the laws dealing with marriage. Focusing especially on bigamy, the essay examines how the threat of colonial contamination both worked to discipline the Indian population and to reinforce marital normativity in England. In legal trials as well as novels, the bigamy plot captured the Victorian imagination. The fascination with bigamy, however, was also routed toward more cautionary ends. Turning to Charlotte Brontë’s Jane Eyre , which is typically read as a story of Jane’s development into a proper English woman, this essay shows how Rochester’s own development from colonial bigamist into faithful English husband epitomizes the Victorian legal and literary ideal.

Authors

Institutions

Publication Details

Journal
Pólemos
Published
2025-09-01
DOI
https://doi.org/10.1515/pol-2025-2019
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Illustrating the Indian Penal Code: Bigamy, the Victorian Novel, and the Formation of National Identity

Leila Neti
Pólemos
Law in Society and Culture
article

Illustrating the Indian Penal Code: Bigamy, the Victorian Novel, and the Formation of National Identity

Leila Neti
article en

Abstract

Abstract This essay argues that the Indian Penal Code (1862) served as a surrogate constitution under colonial law. Lacking a framework for civil rights, the Law Commissioners sought to bring clarity to the law by supplementing the criminal code with extensive notes and illustrations. While the IPC aspired to universality in substantive law, the notes and illustrations worked in opposition to this goal by perpetuating racial hierarchies. Using hypothetical narratives, the notes and illustrations painted a portrait of Indians as habitually criminal and unruly in their appetites and affections. The tension between the IPC’s universalist rhetoric and its persistent recourse to racial difference is exemplified in the laws dealing with marriage. Focusing especially on bigamy, the essay examines how the threat of colonial contamination both worked to discipline the Indian population and to reinforce marital normativity in England. In legal trials as well as novels, the bigamy plot captured the Victorian imagination. The fascination with bigamy, however, was also routed toward more cautionary ends. Turning to Charlotte Brontë’s Jane Eyre , which is typically read as a story of Jane’s development into a proper English woman, this essay shows how Rochester’s own development from colonial bigamist into faithful English husband epitomizes the Victorian legal and literary ideal.

PólemosVol. 19(2)
Occidental College (US)
Openalex Percentile: Top 63%
Law in Society and Culture
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.