Adv. Puneet Thakur and Associates
Criminal Law in India
Criminal law in India is a system of laws designed to regulate human behavior, maintain public order, and prevent crimes. It establishes the framework for punishing individuals who violate the laws of the land, ensuring justice for victims and maintaining social harmony.
Key Components of Criminal Law in India
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Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
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Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
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Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
Stages of a Criminal Case
Registration of FIR:
A First Information Report (FIR) is filed by the victim or complainant with the police to initiate an investigation.
Trial:
The case is heard in court, where the prosecution and defense present evidence and arguments.
Appeal:
Both the prosecution and the accused have the right to appeal to a higher court if they disagree with the verdict.
Investigation:
The police gather evidence, record witness statements, and submit a final report to the court (charge sheet or closure report)
Judgment:
The court delivers its verdict based on the evidence, either convicting or acquitting the accused
Rights of an Accused in Criminal Law
1.
Right to a Fair Trial:
Every accused is entitled to a fair and impartial trial.
4.
Right to Remain Silent:
An accused cannot be compelled to self-incriminate.
2.
Right to Legal Representation:
The accused has the right to hire a lawyer or seek free legal aid if they cannot afford one.
5.
Right to be Informed:
The accused must be informed of the charges against them.
3.
Right to Bail:
For bailable offenses, the accused can secure release by furnishing bail. In non-bailable offenses, bail may be granted at the court’s discretion.
6.
Protection Against Double Jeopardy:
An individual cannot be tried twice for the same offense.
Types of Criminal Offenses in India
Cognizable Offenses:
Serious crimes like murder, rape, and robbery. Police can arrest without a warrant and start an investigation directly.
Non-Cognizable Offenses:
Less severe crimes like defamation and public nuisance. Police require prior approval from the magistrate to investigate.
Bailable Offenses:
Offenses where bail is a matter of right, such as minor theft or simple assault.
Non-Bailable Offenses:
Offenses where bail is discretionary, like kidnapping or serious economic fraud.
Special Laws and Amendments in Criminal Law
In addition to BNSS and BSA, several special laws address specific crimes:
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS): Regulates drug-related offenses.
The Prevention of Corruption Act, 1988: Addresses corruption among public servants
The Protection of Children from Sexual Offenses (POCSO) Act, 2012: Protects minors from sexual abuse.
The Prevention of Corruption Act, 1988: Addresses corruption among public servants
The Domestic Violence Act, 2005: Provides remedies to women facing domestic abuse.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects SC/ST communities from atrocities.
Recent Developments in Criminal Law
1.
BNSS and BSA Implementation:
• The Bharatiya Nyay Suraksha Sanhita and Bharatiya Sakshya Adhiniyam have modernized the criminal justice system by making laws more concise and accessible.
2.
Digitization of Justice:
• Use of technology for e-filing of cases, virtual hearings, and electronic documentation.
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3.
Special Fast-Track Courts:
• Established for speedy disposal of cases, especially related to crimes against women and children.
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Challenges in Criminal Law
Delayed justice due to pendency of cases.
Overcrowded prisons and issues with prisoner rights.
Misuse of certain provisions for personal vendetta
Lack of awareness about legal rights among the general public.
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Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
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Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
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Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
