Criminal Law in India: Meaning, Types, Procedure and New Laws

Criminal law in India defines offences, sets out criminal procedure and explains how evidence is assessed in court. Since 1 July 2024, three central laws have formed the core framework: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA).

• The BNS, 2023 defines offences and punishments and replaced the Indian Penal Code (IPC), 1860 for matters within its application.
• The BNSS, 2023 governs investigation, arrest, bail, trial and related criminal procedures, replacing the Code of Criminal Procedure (CrPC), 1973.
• The BSA, 2023 sets rules for evidence, including electronic records, and replaced the Indian Evidence Act, 1872.
• A criminal case may involve a complaint or FIR, investigation, court proceedings, judgment and, where permitted, an appeal.
• Criminal law and civil law have different purposes, standards of proof and outcomes.

The applicable law depends on the date and nature of the alleged offence, the relevant statute and the facts of the case. A qualified lawyer can explain the applicable provisions and procedural options. Aspiring to build a career in law? Explore legal career paths, understand the qualifications required and check your lawyer loan eligibility  to help manage eligible professional expenses.

Criminal law is the body of law that defines offences, sets out the process for investigating and trying alleged offences, and prescribes punishments where guilt is established. A criminal case is generally prosecuted by the State because the alleged conduct is treated as an offence against society. The framework also protects the legal rights of victims, witnesses and accused persons.

In India, the central framework has three main parts: substantive law, procedural law and the law of evidence. These are primarily covered by the BNS, BNSS and BSA, respectively. Special statutes may apply to particular offences, such as corruption, narcotic drugs, money laundering or offences involving children.

Three central criminal laws came into force on 1 July 2024. Each law has a distinct role in the criminal justice process.

The new laws generally apply from their commencement date, subject to their text and savings provisions. The earlier laws may remain relevant to matters governed by transitional provisions, including certain offences or proceedings connected with events before 1 July 2024. The applicable law should be confirmed for each case.

The BNS, 2023 is the main central statute defining criminal offences and their punishments for matters within its scope. It came into force on 1 July 2024 and replaced the IPC, 1860, subject to applicable transitional provisions.

Examples of provisions include:

• Section 69: addresses sexual intercourse by deceitful means or by making a promise to marry without intending to fulfil it, in the circumstances defined by the section.
• Section 103: sets out punishment for murder, including provisions addressing murder by a group of five or more persons acting together on specified grounds.
• Section 111: addresses organised crime, subject to the statutory definition and conditions.
• Section 304: defines snatching as a specific offence.

The precise elements of an offence and the applicable punishment depend on the statutory wording and facts. Section numbers and descriptions should be checked against the official text before publication or use in a case.

The BNSS, 2023 governs key stages of criminal procedure, including information to police, investigation, arrest, remand, bail, trial and appeals. It replaced the CrPC, 1973 from 1 July 2024, subject to its transitional provisions.

• Forensic investigation: the BNSS provides for forensic examination at crime scenes for offences punishable with imprisonment of seven years or more, subject to statutory requirements and implementation.
• Electronic processes: specified proceedings and processes may be carried out through electronic communication or electronic means in accordance with the law.
• Investigation and case management: the BNSS sets out rules for recording information, investigation, reports to courts and the conduct of proceedings.
• Arrest and custody safeguards: constitutional and statutory rules govern arrest, production before a Magistrate and further custody.
• Undertrial release: Section 479 provides a framework for release of eligible undertrial prisoners after specified portions of the maximum period of imprisonment, subject to conditions and exceptions.

The application of a procedural provision depends on the case, the offence and any relevant statutory exception or court order.

The BSA, 2023 sets out rules for proving facts in judicial proceedings and replaced the Indian Evidence Act, 1872 from 1 July 2024, subject to its savings provisions.

The BSA recognises electronic and digital records within its evidence framework. Depending on the case and statutory requirements, relevant material may include emails, messages, CCTV footage, audio or video recordings, GPS data, device records and other electronic documents.

A digital record must satisfy the applicable legal requirements for relevance, authenticity and admissibility. Keeping the original source, preserving metadata where possible and documenting how the record was obtained can support proper examination of the evidence.

Criminal law can be understood through three connected categories:

• Substantive criminal law: Defines offences and punishments. The BNS is the main central statute for this purpose.
• Procedural criminal law: Explains how complaints, investigations, arrests, bail applications, trials and appeals are handled. The BNSS is the main central procedural statute.
• Law of evidence: explains how facts may be proved and how evidence is assessed in court. The BSA is the main central evidence statute.

Special laws also deal with particular subjects, including narcotic drugs, corruption, money laundering, child protection and other regulated areas. The applicable statute depends on the conduct and circumstances involved.

Criminal law supports public order, accountability and the protection of individual rights. Its functions include:

• Public safety: defines conduct treated as an offence and sets legal consequences.
• Protection of rights: provides procedural safeguards for accused persons, victims and witnesses.
• Accountability: establishes a legal process for investigating allegations and determining guilt through the courts.
• Fair trials: sets rules for evidence, legal representation and judicial decision-making.
• Victim support: provides legal routes for participation, protection and compensation where applicable.
• Rule of law: requires criminal cases to be handled under applicable law and constitutional safeguards.

Criminal law covers offences against people, property and public or economic interests. The legal classification and punishment depend on the applicable statute and facts.

Which offences affect a person’s body or personal safety?

Examples include murder, rape, kidnapping and offences involving physical assault. The relevant BNS provisions or special laws define the elements and penalties for each offence.

Which offences involve property?

Examples include theft, robbery, burglary-related conduct and cheating. The precise offence depends on how property was taken, whether force or deception was involved and the intention of the person concerned.

Which offences involve public or economic interests?

Examples include corruption, bribery, certain drug offences, money laundering and cybercrime. These matters may be governed by the BNS and special legislation such as the Prevention of Corruption Act, 1988 or the Narcotic Drugs and Psychotropic Substances Act, 1985.

Indian law uses classifications such as cognisable or non-cognisable and bailable or non-bailable. These classifications have procedural effects and are determined by the applicable law.

The distinction affects the process for seeking release from custody while a criminal case is pending.

The classification of an offence is found in the applicable statute and schedule. The outcome of a bail application depends on the facts, the governing provisions and the court’s decision.

The BNSS includes provisions intended to structure case management and clarify procedural timelines. Section 479 addresses the release of eligible undertrial prisoners after a specified period in custody, subject to statutory conditions and exceptions.

Eligibility depends on factors such as the maximum punishment for the offence, the period already spent in detention, the person’s status as a first-time offender and statutory exclusions. The court and jail authorities have roles under the section. Legal advice can help assess eligibility in an individual case.

Criminal procedure provides the steps through which an alleged offence is reported, investigated and considered by a court. The BNSS is the main central procedural law for matters within its scope.

• Recording information: Information about a cognisable offence may be recorded as an FIR; other matters follow the procedure prescribed for the relevant category.
• Investigation: Police may collect documents, examine witnesses, preserve relevant material and arrange forensic examination where required.
• Arrest and production: Constitutional and statutory safeguards govern arrest and production before a Magistrate.
• Police report or complaint proceedings: The matter proceeds according to the evidence gathered and the applicable legal process.
• Court proceedings: The court considers the case, frames charges where required, records evidence and hears the parties.
• Judgment and sentence: The court gives its decision and, where a person is convicted, determines the sentence under the applicable law.
• Appeal or revision: A party may use an available appeal or revision process when the law permits it.

A criminal case can be divided into pre-trial, trial and post-trial stages. The precise sequence varies with the type of offence and the court procedure that applies.

What happens before the trial?

• A complaint or information is provided to the police or the appropriate Magistrate.
• Police investigate where the law authorises it, collect evidence and examine witnesses.
• A person may be arrested where the legal conditions for arrest are met.
• The police submit the required report, or the complaint proceeds under the applicable court process.

What happens during the trial?

• The court considers the material and frames charges where the law requires it.
• The prosecution presents evidence and examines witnesses.
• The defence has the opportunity to challenge evidence and present its case as permitted by law.
• The court hears final arguments and delivers a judgment.

The right to a speedy trial forms part of Article 21 of the Constitution, as recognised by the Supreme Court. The steps available depend on the stage of the case and the reason for delay.

• Request suitable early hearing dates from the trial court and explain the reasons for seeking priority.
• Keep records of hearing dates and the reasons for adjournments.
• Refer to Section 346 of the BNSS on day-to-day proceedings and adjournments, where applicable.
• Ask a lawyer to assess whether Section 479 of the BNSS may apply to undertrial detention.
• Where appropriate, seek a direction from a higher court for timely disposal under the relevant legal powers.
• If custody has continued for a substantial period, obtain legal advice on whether a bail application is available under the governing law and precedent.

Courts assess delay in context, including the nature of the case, reasons for adjournments, custody period and applicable statutory restrictions.

A State appeal against an acquittal is considered by the court authorised under the BNSS and other applicable law. The accused remains entitled to the presumption of innocence while the appeal is decided.

Section 419 of the BNSS sets out the framework for appeals in cases of acquittal, including authorisation or leave in relevant circumstances. The appropriate forum and procedure depend on the court that passed the order, the nature of the case and the person or authority seeking to appeal. The appellate court may uphold the acquittal or make another order permitted by law. A lawyer can confirm the limitation period, forum and documents required for a specific appeal.

The professional consequences of a conviction depend on the profession, the offence, the regulator’s rules and the terms of the court order. A licensed professional should review the applicable regulatory requirements and seek advice on the steps relevant to their status.

• Check the regulator’s rules to establish whether the conviction must be reported and the required form or deadline.
• Review any disciplinary process that may apply to the profession.
• Keep copies of the judgment, sentencing order and relevant appeal or probation orders.
• Provide accurate information when a regulatory form, renewal or application asks about convictions.
• Ask a qualified lawyer to explain the effect of any appeal, suspension of sentence, probation order or other court direction.

For advocates, the Advocates Act, 1961 and Bar Council rules may be relevant. Other professions have their own statutes and regulators. The effect of a conviction should be assessed under the provisions that apply to the individual and profession.

Different public institutions perform connected roles in the criminal justice system.

• Legislature: Parliament and State Legislatures enact laws within their constitutional powers.
• Police and investigative agencies: receive information and investigate offences under the applicable law.
• Prosecution: public prosecutors present the State’s case and assist the court in accordance with their professional duties.
• Judiciary: courts interpret and apply the law, assess evidence and decide cases.

Regulatory and support bodies: relevant institutions may support victims, witnesses, forensic work and legal aid.

This classification affects the police powers available at the start of a case and the process for investigation.

The classification and police powers should be checked against the BNSS schedule and any special law relevant to the alleged offence.

Criminal law deals with offences prosecuted under criminal statutes, while civil law commonly resolves disputes about rights, duties or compensation between individuals and organisations. Some events can lead to both criminal and civil proceedings, depending on the facts and law.

Understanding the distinction helps people identify the right legal process and the type of advice that may be needed.

Criminal law covers offences that the State prosecutes under the relevant statutes. Examples include offences against the person, property offences, corruption and specified drug offences.

Civil law covers a broad range of disputes and legal relationships, including:

• Contract law: rights and obligations under agreements.
• Tort law: civil claims involving matters such as negligence and certain forms of harm.
• Family law: marriage, divorce, child custody, maintenance and adoption.
• Property law: ownership, possession, transfer and property-related disputes.

The same facts can sometimes raise both criminal and civil issues. The applicable process depends on the legal rights involved and the remedies sought.

Criminal law serves several objectives, and the weight given to each depends on the offence, statutory framework and sentence.

• Accountability: establishes a legal process to determine responsibility for an offence.
• Deterrence: aims to discourage the person concerned and others from committing offences.
• Public protection: permits lawful restrictions where the legal conditions are met.
• Rehabilitation: supports reform and reintegration where appropriate.
• Restoration: enables victim compensation or other restorative measures where provided by law.

The BNS lists community service among the recognised punishments. The punishment for a particular offence is set out in the applicable statutory provision.

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