Criminal law is essential for maintaining justice and safety in any society. In India, it establishes a clear legal framework to define crimes, punish offenders, and ensure due process. It serves as a guardian of public order and individual rights through well-defined statutes and procedures.
What is criminal law?
Criminal law is the body of law that defines offences against society and prescribes penalties for those found guilty. It serves to maintain public order, safeguard individual rights, and deter unlawful conduct through structured punishment and enforcement.
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The Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act have now been replaced by the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA), respectively.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
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 encompasses a variety of offences, each with distinct legal implications and punishments.
- Theft and burglary: Involves unlawfully taking someone's property.
- Murder and assault: Acts causing physical harm or death.
- Sexual offences: Includes crimes such as rape and molestation.
- Corruption and bribery: Abuse of public office for personal gain.
- Cybercrimes: Hacking, online fraud, and data breaches.
Criminal procedure in India
The procedure followed in criminal cases ensures justice through structured and impartial processes. Each step is governed by legal safeguards.
- FIR (First Information Report): Formally initiates a criminal case.
- Investigation: Police collect evidence and build the case.
- Charge sheet: Filed when there’s enough proof to prosecute.
- Trial: Conducted in court where both sides present arguments.
- Judgement: Final decision based on legal and factual analysis.
Stages of a criminal case in India
A criminal case in India progresses through defined legal stages from complaint to appeal. Each stage ensures procedural fairness and rights protection.
- Pre-trial: Includes arrest, bail, and investigation.
- Trial: Framing of charges, witness testimony, and cross-examination.
- Judgement: Delivered after analysing all evidence and arguments.
- Sentencing: Punishment decided based on the nature of the crime.
- Appeals: Parties may challenge verdicts in higher courts.
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.
Impact of criminal law on Indian society
Criminal law plays a transformative role in shaping a safer and more accountable society. It acts as a deterrent and a mechanism for justice.
- Public safety: Prevents and penalises harmful activities.
- Social justice: Ensures victims receive rightful legal recourse.
- Legal awareness: Encourages citizens to understand and follow the law.
- Rehabilitation: Reforms offenders and reintegrates them into society.
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.
| Basis | Criminal law | Civil law |
| Nature of offence | Offences against society or the state | Disputes between private parties |
| Objective | Punishment and deterrence | Compensation or specific relief |
| Proceedings initiated by | State or government | Aggrieved individual or entity |
| Standard of proof | Beyond reasonable doubt | Preponderance of probabilities |
| Examples | Murder, theft, assault | Breach of contract, defamation, property disputes |
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 lawyer loan can help support your growth.
