Importance of criminal law in India
Criminal law serves as the cornerstone of justice and governance in a democratic society. It ensures accountability, safeguards civil liberties, and promotes lawful conduct.
- Maintains public order: Establishes legal boundaries to discourage disruptive or harmful conduct.
- Protects rights: Ensures fair treatment for both victims and the accused.
- Deters crime: The fear of legal consequences discourages potential offenders.
- Strengthens democracy: Reinforces rule of law and equality before the law.
Types of Criminal Laws in India: New Laws Explained
Certain offences are considered crimes against society, which is why the State prosecutes them in court. These are generally classified as criminal offences and fall under the Concurrent List of the Constitution. India’s criminal justice system has recently undergone a major transformation with the replacement of three colonial-era laws.
The Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act have now been replaced by the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA), respectively.
The Bhartiya Nyaya Sanhita (BNS) - New Changes Introduced
The BNS replaced the Indian Penal Code from July 1, 2024. One of its key changes is the inclusion of Clause 69, which criminalises sexual acts carried out through "deceitful means", such as false promises of employment, hiding identity before marriage, or inducement. This offence can attract up to 10 years of imprisonment and a fine.
Clause 103 introduces a specific provision for murder motivated by community, caste, or race, giving legal recognition to such hate crimes.
Clause 111(1) expands the definition of organised crime to include trafficking, cybercrime, contract killings, economic offences, and more, aligning its provisions with those under the UAPA. Additionally, Clause 304(1) defines "snatching" as a separate offence under the Sanhita.
The Bhartiya Nagarik Suraksha Sanhita (BNSS) - New Changes
BNSS has replaced the CrPC and now includes updated procedures for arrest, bail, and trial. A notable change is the mandatory forensic investigation for all crimes with a minimum punishment of seven years or more.
Forensic experts must now visit crime scenes and document evidence. All trials and legal proceedings are to be conducted electronically, and even electronic communication devices may be created or preserved to aid investigations.
The Bhartiya Sakshya Adhiniyam (BSA) - New Changes
BSA replaces the Indian Evidence Act and modernises how evidence is collected and admitted in court. It formally recognises electronic records such as emails, server logs, GPS data, and messages as admissible evidence.
It also includes:
Acceptance of electronically recorded oral statements as valid.
Mandatory audio-visual recording of victim statements in rape cases to improve transparency.
An expanded definition of "secondary evidence", which now includes both verbal and written admissions.
Types of criminal law in India: Old laws explained
Criminal law in India can be broadly classified based on its scope and function. These categories help streamline the justice delivery system.
- Substantive law: Defines crimes and lays down penalties. The Indian Penal Code (IPC), 1860, is the main source.
- Procedural law: Describes the steps for investigation, prosecution, and trial. Governed by the Criminal Procedure Code (CrPC), 1973.
Examples of criminal law cases
Criminal law in India covers a broad spectrum of offences, each carrying specific legal implications and punishments.
Felonies: Serious crimes that can lead to imprisonment exceeding one year.
- Murder: The unlawful killing of another person.
- Rape: A sexual offence involving non-consensual sexual acts.
- Grand larceny: The theft of property of substantial value.
- Kidnapping: Forcibly taking or detaining a person against their will.
Misdemeanours: Less severe offences, usually resulting in shorter jail terms or fines.
- Petty theft: The unlawful taking of items with low monetary value.
- Traffic violations: Minor offences such as speeding, sometimes treated as criminal infractions.
Other criminal offences:
- Assault: Intentionally causing physical harm to another person.
- Theft and burglary: Unlawfully taking or entering another’s property with the intent to steal.
- Corruption and bribery: Misusing public office or power for personal gain.
- Defamation: Making false statements that damage an individual’s reputation.
Criminal procedure in India
The criminal procedure in India ensures that justice is delivered through a systematic, transparent, and impartial process governed by established legal safeguards. It is primarily regulated by the Code of Criminal Procedure, 1973 (CrPC), which sets out the entire framework, from investigation and arrest to trial, sentencing, and appeal.
The CrPC defines the procedures for investigating offences, apprehending and prosecuting accused persons, gathering evidence, determining guilt or innocence, and imposing appropriate punishment, thereby upholding fairness and the rule of law.
Stages of a criminal case in India
A criminal case in India proceeds through clearly defined stages, each designed to ensure fairness, transparency, and protection of individual rights.
Pre-Trial Stage:
- FIR or Complaint: Proceedings begin with the filing of a First Information Report (FIR) or a private complaint before a Magistrate.
- Cognisable and Non-Cognisable Offences: In cognisable offences, police can arrest without a warrant, whereas in non-cognisable offences, prior permission from the Magistrate is required.
- Investigation: The police gather evidence, question witnesses and suspects, and carry out forensic examinations.
- Arrest: The accused may be arrested if necessary for the investigation or to prevent interference with justice.
- Production Before Magistrate: Any arrested person must be presented before a Magistrate within 24 hours of arrest.
Trial Stage:
- Commencement of Trial: The trial begins once the court takes cognisance of the offence.
- Framing of Charges: The court formally frames charges against the accused based on available evidence.
- Prosecution Case: The prosecution presents witnesses and evidence to establish guilt.
- Defence Case: The defence responds with its evidence and arguments to counter the prosecution.
- Final Arguments and Judgment: Both sides present final submissions, after which the judge delivers the verdict.
Post-Trial Stage:
- Appeals and Review: Following the judgment, the aggrieved party may file an appeal or seek revision before a higher court, ensuring continued judicial scrutiny and protection of rights.
Role of government in criminal law
The government ensures the smooth implementation and enforcement of criminal law in India through various branches and functions.
- Legislation: Parliament enacts and amends laws.
- Law enforcement: Police and investigative agencies uphold legal provisions.
- Prosecution: Government lawyers present the case in court.
- Judiciary: Interprets laws and ensures justice is delivered fairly.
Criminal law plays a pivotal role in building a safer, fairer, and more accountable society. It serves both as a deterrent against unlawful conduct and as a mechanism to deliver justice and uphold the rule of law.
Promoting social order and justice
- Public Order: Criminal law discourages acts that threaten peace and security, ensuring societal stability.
- Accountability: It holds individuals responsible for unlawful behaviour, reinforcing respect for the law.
- Victim Empowerment: Provisions for victim rights, witness protection, and compensation strengthen public trust in the justice system.
Driving sustainable development
- Environmental Protection: Strict penalties for pollution and negligence promote environmental responsibility.
- Financial Integrity: Laws against money laundering and financial fraud uphold transparency and economic stability.
- Social Equality: Legislation addressing harassment, discrimination, and domestic violence safeguards vulnerable groups and promotes inclusivity.
Reforming the justice system
- Efficiency and Speed: Digital case management and virtual hearings help reduce delays and case backlogs.
- Humanity and Rehabilitation: A focus on reformative justice encourages rehabilitation and reintegration of offenders.
- Victim-Centric Approach: Timely assistance and participation strengthen the position of victims in legal proceedings.
- Persistent Challenges: Misuse of legal provisions, mental health concerns, and slow societal adaptation continue to challenge effective implementation.
Criminal law vs civil law
While both criminal and civil laws are integral to India’s legal framework, they serve different purposes. Criminal law addresses actions that threaten public order, while civil law resolves disputes between individuals or organisations. Knowing how they differ can help citizens understand their legal rights and responsibilities.
Feature
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Criminal Law
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Civil Law
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Purpose
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To punish, deter, and rehabilitate individuals who commit offences, ensuring public safety and justice.
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To resolve disputes between private parties and provide compensation or remedies to the aggrieved party.
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Offence
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An act committed against society as a whole.
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A wrong or injury caused to an individual or organisation.
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Parties Involved
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The government (prosecution) versus the accused person.
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An individual or organisation (plaintiff) filing a case against another individual or organisation (defendant).
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Initiation of Case
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Initiated by the government through a public prosecutor.
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Initiated by the aggrieved person or organisation (the plaintiff).
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Examples
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Theft, murder, assault, corruption, cybercrime.
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Contract disputes, property disputes, divorce, child custody, and personal injury cases (torts).
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Outcome
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Punishment such as imprisonment, fines, probation, or rehabilitation.
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Compensation in the form of damages, property restitution, or specific court-ordered remedies.
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Burden of Proof
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“Beyond a reasonable doubt” a very high standard of proof.
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“Preponderance of evidence” a lower standard, meaning more likely than not.
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Understanding these differences is particularly important for anyone pursuing a legal career. If you're aspiring to become a criminal lawyer, grasping the contrast between these two branches of law is a crucial starting point.
Conclusion
Criminal law acts as the legal foundation that governs behaviour, resolves conflict, and ensures justice. In India, it reflects the state’s commitment to order and fairness. For professionals aiming to build a legal career or finance their practice, a professional loan or lawyer loan can help support your growth.
