1.

Introduction
1.1. Reasons for the occurrence of crimes in society
2. Brief history of Criminal Law in India
2.1. Sources of Criminal Law
3. Key differences in criminal and civil laws
3.1. A tabular representation of the difference between criminal and civil law
4. Significant components of crime as stated in Indian criminal laws
4.1. Human being/ individual
4.2. Mens rea
4.3. Actus reus
4.4. Harm caused
4.5. Forbidden act
4.6. Punishment
4.7. External consequence
4.8. Relativity
5. Nature of Criminal Law
6. Basic elements of Criminal Law
6.0.1. Politicality
6.0.2. Specificality
6.0.3. Uniformity
6.0.4. Penal sanction
7. Purpose of Criminal Law
7.1. To protect, serve and limit the actions of individuals
7.2. To punish the offender
7.3. To protect society from criminals
8. General objectives of Criminal Laws
8.1. Protecting individuals and property
8.2. Prevention/deterrence of criminal behaviour
8.3. Punishing a criminal act
8.4. Rehabilitating a criminal
9. Types of punishments under Criminal Law
9.1. Capital punishment / death penalty
9.1.1. Provisions under the Indian Penal Code for the death penalty
9.1.2. Lawsuits in India where the death penalty was held feeble
9.1.2.1. Jagmohan Singh vs. State of Uttar Pradesh (1972)
9.1.2.2. State of U.P. vs. M.K. Anthony (1985)
9.1.2.3. Bachan Singh vs. State of Punjab (1980)
9.2. Imprisonment
9.2.1. Life imprisonment
9.2.2. Simple imprisonment and rigorous imprisonment
9.2.2.1. Simple imprisonment
9.2.2.2. Rigorous imprisonment
9.3. Forfeiture or confiscation of property
9.4. Levying fines
9.5. Solitary confinement
9.6. Deportation
9.7. Corporal punishment
9.7.1. Flogging
9.7.2. Mutilation
9.7.3. Branding
9.7.4. Chaining
9.8. Indeterminate punishment
9.9. Stoning
9.10. Cancellation of licences
10. Theories of punishment under Criminal Law
10.1. Preventive theory of punishment
10.2. Reformative theory of punishment
10.3. Retribution theory of punishment
10.4. Expiatory/ compensatory theory of punishment
10.5. Incapacitation theory of punishment
10.6. Utilitarian theory of punishment
10.7. Multiple approach theory of punishment
11. Hierarchy of Criminal Courts in India as stated in criminal statutes
11.1. The Supreme Court of India
11.2. The High Courts of India 
11.3. Subordinate/ lower courts
12. Stages of crime as discussed in Indian Criminal Law
12.1. Intention
12.2. Preparation
12.3. Attempt
12.4. Accomplishment
13. Important elements of criminal offences under Indian criminal laws
13.1. FIR (First Information Report)
13.2. Bail
13.3. Evidence
13.4. Offences
13.4.1. Cognizable and non-cognizable offences
13.4.1.1. Cognizable
13.4.1.2. Non-cognizable offences
13.4.2. Bailable and non-bailable offences
13.4.2.1. Bailable
13.4.2.2. Non-bailable offence
13.4.3. Compoundable and non-compoundable offences
13.4.3.1. Compoundable offences
13.4.3.2. Non-compoundable offences
14. Types of criminal offences
14.1. Criminal offence against a person
14.2. Criminal offence against property
14.3. Statutory criminal offences
14.4. Inchoate criminal offences
14.5. Financial and other criminal offences
 15. Types of criminal laws in India
15.1. Top 3 criminal laws in India
15.1.1. The Indian Penal Code, 1860
15.1.1.1. Drawbacks of the IPC
15.1.2. The Criminal Procedure Code, 1974
15.1.3. The Indian Evidence Act, 1872
15.1.3.1. Applicability of the Act
15.1.3.2. Types of evidence under the Indian Evidence Act
15.2. Other criminal laws in India
15.2.1. The Criminal Law Amendment Act, 2013
15.2.2. The Narcotics Drugs and Psychotropic Act ( NDPS Act), 1985
15.2.3. The Prevention of Corruption Act (PCA Act), 1988
15.2.4. The Prevention of Food Adulteration Act (PFA Act), 1954
15.3. Criminal laws enacted explicitly for women
15.3.0.1. The Dowry Prohibition Act, 1961
15.3.0.2. The Commission of Sati (Prevention) Act, 1987
15.3.0.3. The Indecent Representation of Women (Prohibition) Act, 1987
15.3.0.4. The Protection of Women from Domestic Violence Act (PWDVA), 2005
15.3.0.5. The Immoral Traffic (Prevention) Act, 1956
15.4. Criminal laws enacted explicitly for children
15.4.1. The Juvenile Justice (Care and Protection) Act, 2000
15.4.2. The Children Act, 1960
15.4.3. The Protection of Children from Sexual Offences (POCSO) Act, 2012
16. General defences available for a criminal under criminal laws : an India perspective
16.1. Mistake of fact
16.1.1. Illustration
16.2. Judicial acts
16.2.1. Illustration
16.3. Accident
16.3.1. Illustration
16.4. Absence of criminal intent
16.5. Act done by consent
16.6. Trifling acts
16.7. Rights of private defence
17. Top 10 criminals in India
18. Top approaches to control crimes
18.1. Family
18.2. School
18.3. Religion
18.4. Social disparity
18.5. Police
18.6. Penalties and punishments
19. Way forward
19.1. The need for reforms in Indian criminal laws
19.1.1. Based on colonial era
19.1.2. Ineffectiveness
19.1.3. Pendency of cases
19.1.4. Massive undertrials hostages/detainees
19.1.5. Investigation
19.2. Framework of reform
19.2.1. Protecting victims
19.2.2. Creating and revoking offences
19.2.3. Streamlining IPC and CrPC
19.2.4. Curbing unprincipled criminalisation
20. Basic things to know while pursuing a career in Criminal Law
20.1. Top things a law student must note while studying criminal laws
20.1.1. Special tips
20.1.1.1. Join an internship program
20.1.1.2. Visiting the college library
20.1.1.3. Build connections
20.1.2. Top books to refer to for a law student
20.1.2.1. For the Criminal Procedure Code
20.1.2.2. For the Evidence Act
20.1.2.3. For the Indian Penal Code
20.2. Top things a lawyer must note while studying criminal laws
20.2.1. Special tips
20.2.1.1. Gain effective practical training

20.2.1.2. Be able to work under pressure
20.2.1.3. Be able to act upon any given piece of information or evidence quickly
20.2.1.4. Job opportunities for an individual studying criminal law
20.2.2. Top books to refer to for a criminal lawyer
20.3. Top websites to refer to for anyone willing to build a career in Criminal Law
20.3.1. iPleaders blog
20.3.2. LiveLaw
20.3.3. Bar and Bench
20.3.4. Indian Kanoon
20.3.5. SCC Online
20.3.6. Manupatra
21. Conclusion
22. Frequently Asked Questions (FAQs)
22.1. How many types of criminal laws are currently present in India?
22.2. Who drafted the Indian Penal Code and when?
22.3. What are the most recent amends to the criminal laws?
23. References

Introduction
“There is no society known where a more or less developed criminality is not found under
different forms. No person exists whose morality is not daily infringed upon. We must, therefore,
call crime necessary and declare that it cannot be non-existent, that the fundamental conditions
of social organisation, as they are understood, logically imply it.” -Emile Durkheim

In any society, crime (usually defined as an action or omission or illicit activity that is punishable
by law) exists, and so do the criminal laws. ‘Criminal law’ is a phrase containing just two words
but having several acts enacted underneath it. The basic function of enacting any criminal law is
to punish the guilty and provide justice to the injured party through legal procedures. Criminal
law can be regarded as the body of laws that deal with matters of criminal wrongs, for instance,
theft, murder, sexual abuse, threatening, etc., and is also accountable for conducting a trial for
convicted offenders.

Crime rates are increasing at a fast pace in India, which is why we need stringent bylaws to curb
and deter such activities, thus keeping our society crime-free and making it healthy. Hence, in
the following article, we will be looking at the basics of criminal law along with all the laws
enacted for the purpose of safeguarding society from offenders.

Reasons for the occurrence of crimes in society

A criminal commits a crime for several reasons. Some criminals commit crimes to earn money, as
it is one of the fastest ways to generate an income, whereas others do it for gaining fame, inter
alia. However, there are criminals like Raman Raghav who are totally distinct; this criminal
terrorized Mumbai in the 1960s by killing numerous people whom he did not even know and had
no qualms of any nature for the commission of such misdemeanours. DPC Kulkarni, in his book
‘The footprints on the sand of crime’, was of the notion that such criminals do not have a motive,
nor do they gain anything from committing such an act, but they are simply ‘incorrigible’.

There are even instances where a crime is committed with due authorisation and formerly with
the governing bodies. For example, the agricultural lands in India were put to the wrong use
even in the British era, when farmers were asked to grow opium instead of foodgrains, not only
in India but also in Chinese territories. Nowadays, farmers choose to grow drugs like opium or
hashish over other produce, considering the profit margins associated with such crops.

Brief history of Criminal Law in India

The history of the codification of modern criminal laws has its roots in the Vedic age and the
reign of the Hindu and Muslim dynasties. However, it started taking shape in the British era. The
modern criminal justice system is based on English laws and practices. These practices were
pragmatic as well as contemporary, which is why a major chunk of the criminal laws that are
prevailing today are similar to those laws implemented during the British era.

Sources of Criminal Law

The criminal justice system and the criminal laws thence, are all based on the penal legal system
that was set up by the British in India. If we happen to look at the criminal laws or the criminal
justice system today, which is after 75 years of independence, there haven’t been any substantial
changes as such in the system or the legislation. The most notable example of such an outworn
justice system is Section 124A of the Indian Penal Code (IPC), 1860, which discusses sedition
and has a prescribed punishment for the same.

But a note must be taken that efforts have been made to amend the entire Code of Criminal
Procedure in 1973. The appointment of the Vohra Committee was the very first attempt toward
making amends to the Indian criminal justice system. The report published by the Vohra
committee in 1993 made an observation on the criminalisation of politics and the nexus among
criminals, politicians, and bureaucrats in India.

Moreover, in 2000, another effort was made by the Indian government to recommend reforms in
the age-old criminal justice system. There was a committee formed, which came to be known as
the Malimath Committee, and it was headed by Justice V.S. Malimath, the former Chief Justice of
Kerala and Karnataka. The Malimath Committee submitted its Report in 2003 with 158

recommendations, but unfortunately, they never seemed to have seen the light of the day. This
Committee was of the opinion that the existing system “weighed in favour of the accused and did
not adequately focus on justice to the victims of crime.”

Looking at all the above contentions, it will be safe to assert that there is a dire need to bring
about reformations in the criminal justice system, the recommendations of which will be
discussed in the upcoming paragraphs.

Key differences in criminal and civil laws

Criminal laws mainly focus on the conduct of an individual that is offensive to the public, society
at large, or the law of the land. Examples of criminal laws include theft, drunken driving, murder,
assault, etc.

Whereas, civil law has its primary focus on the behaviour of an individual, or say, an
organisation, which can inflict injury or harm on any private person or individual. Examples of
civil law include defamation, whether libel or slander; breach of contract; negligence causing
death or harm to any private party or an individual, etc.
A tabular representation of the difference between criminal
and civil law
Below is a tabular representation of the difference between criminal and civil law-

Pointers Criminal law Civil law

Criminal law deals with offences that Civil law is a general law that deals
Deals with are perpetrated against society at with issues that are on an individual
large. or organisational level.

The main object of civil law is to

safeguard the rights of a person or
Criminal law penalises the convicts, an organisation. It makes sure that
Objective safeguards the citizens and makes sure the wrongs committed by an
that law and order are followed. individual are corrected and that the
victim is negated for such
wrongdoing.

The role of civil litigation is to

The role of criminal litigation is to
Goal compensate the plaintiff for the
punish the defendant.
injury/damage caused.

In civil law, there is a settlement of

The punishment for committing a
disputes between individuals or
criminal offence would be dependent on
organisations by way of
the gravity of the crime thus
Punishment compensation. Further, there is no
committed. Thus, the punishment can
grave punishment like that of
range from fines to detention or both,
criminal law being provided for civil
at times.
matters.

In the case of criminal law, the

government of India files a petition.
In the case of civil law, the affected
Further, a petition cannot be filed
Filing of party or organisation files a petition.
directly in a court; rather the party has
petition The case can be filed in a court or
to approach the police first and then
tribunal depending on the damages.
the crime needs to be investigated,
only then a case can be filed.

In criminal cases, the court can levy In civil cases, the court can only pass
Passing a
fines, deliver punishments like a ruling to make up for the
verdict
detention, or release the defendant. injury/damage to the affected party.

In criminal cases, the defendant is In civil cases, the defendant is either

Status of
either held to be guilty or not guilty by considered liable or not liable for the
defendant
the court. damages.

Civil law mainly deals with matters

Criminal law mostly deals with grave
relating to property or housing,
Examples offences such as murder, rape, robbery,
money, divorce, custody of a child in
etc.
the event of a divorce, etc.

Now that we know the difference between civil and criminal laws, let’s dive deep into the nitty-
gritty of criminal law.

Significant components of crime as stated in Indian

criminal laws

It is important to understand what and when an offence will become a crime to understand the
criminal laws, so let’s have a look at the significant components of crime as stated under criminal
laws.

Any activity that is against or punishable by the law can be said to be a crime. According to
Blackstone, “crime is an act committed or omitted in violation of a public law either forbidding or
commanding it.” Criminal liability in India is set up on the maxim ‘actus non facit reum, nisi mens
sit rea”, meaning the act itself does not consist of guilt unless it is committed with a guilty mind.
An integral point must be noted that this maxim is considered to be the basic principle of the
whole criminal law. This maxim also gives out the two most crucial elements of a crime, namely:

1. actus reus and

2. mens rea.

In the famous case of Fowler vs. Padget (1798), Lord Kenyon made a comment that “the intent
and act must both concur to constitute a crime”. Now let us have a look at the essential elements
that constitute a crime.

Human being/ individual

The first element states that the wrong must be committed by a human being. Any wrongful act
committed by an animal is not covered under criminal laws. Thus, the individual accused of
committing a wrong should have a body, be under a legal obligation to act in a specific manner,
and must be fit to be awarded a suitable penalty.
A point must be taken into consideration that, as per Section 11 of the Indian Penal Code, the
word ‘person’ includes “any company or association or body of persons, whether incorporated or
not.” Thus, the above definition includes a natural person, an artificial person (a company,
association, or a body of individuals), and a legal person (such as an idol).

Mens rea
A guilty mind, i.e., the mens rea, is one of the most crucial ingredients of crime. There is no
distinct definition of mens rea under the IPC or any other criminal law in India, but the same has
been included in the following manner:

1. Provisions relating to the ‘state of mind’ necessary for committing a specific offence have been
added in distinct sections of the IPC by using terms like intentionally, knowingly, voluntarily,
etc.

2. The concept of mens rea is put into the provisions relating to the ‘General Exceptions’ under
Chapter IV of the IPC. For instance, a juvenile aged 7 years is absolutely immune to any
wrong he/she commits as per Section 82 of the IPC. Further, under Section 80 and Section 81
of the IPC, a person causing an accident while performing a lawful activity or doing it with the
utmost necessity to prevent a wrong or further offence will have immunity from being liable to
be guilty as there is no mens rea.

Mens rea is of the following degrees:

1. Intention,

2. Knowledge,

3. Reason to believe (defined under Section 26 of the IPC), and

4. Negligence (defined under Section 52 of the IPC)

Actus reus
Another essential ingredient of a crime is actus reus, i.e., the act committed or omitted by a
person which is forbidden by law, like homicide (killing of human beings), rape, theft, sedition,
etc. Irrespective of the pain or harm the event has caused, it won’t be considered to be actus
reus unless it is restricted by law.

Interesting fact: Prof. Kenny was the first writer to use the term ‘actus reus’ and he defined it
as “such a result of human conduct as the law seeks to prevent.”

Harm caused
The subsequent element of a crime is the harm or injury or damage induced to the victim and is
defined under Section 44 of the IPC as any harm or injury inflicted on an individual illegally in
“body, mind, reputation or property.”

Thus, looking at the above definition, it can be deduced that harm or injury can be caused to-

1. an individual (homicide, rape, etc.);

2. Property (robbery, theft, mischief, etc.);

3. Mind (cheating);

4. Reputation (defamation).

Further, a person is liable for the direct cause of his actions and not for any indirect cause of his
actions. In simple words, a person is responsible for only the natural consequences of his actions
under this Section.

Forbidden act
As stated above, for an offence to have been committed, it has to be inhibited by the legislation
or the existing legal system, unless said otherwise. It is a known rule of criminal law that no
offence can be penalised retrospectively if the said act did not constitute an offence at the time it
was executed.

Punishment
An act or omission has to be punishable under the penal system. Such a punishment can vary
from capital punishment to imprisonment and/or fine. Further, it is vital that the offender is not
vexed twice for the same offence, i.e., he/she is not being subjected to double punishment for
the same offence.

External consequence
Crime will forever have a detrimental effect on society, be it social, personal, mental, or
physical.
Relativity
It is quite a complex subject to study, as an activity that might be considered to be a crime at a
certain location may not be an offence elsewhere. For instance, drinking and gambling may not
be considered offence when committed in a club. Such a varying description has been
characterised by William Taft as ‘blue laws’.

Nature of Criminal Law

While discussing criminal law a few questions on its nature as to ‘Are there any general elements
or elements that define a crime?’ or ‘How is a crime defined?’ may arise. The simplest answer to
these questions is that crime is whatever the law asserts to be a criminal offence and anything
which is penalised with a punishment.

However, the shortcoming of such an approach is that all criminal convictions do not give rise to
a fine or punishment. So, instead of penalising the defendant, a judge may, in a few cases,
simply warn him/her to not repeat the criminal act.

Professor Henry M. Hart, Jr. defines crime as “conduct which, if… shown to have taken place” will
result in the “formal and solemn pronouncement of the moral condemnation of the community.”
The foremost point of this definition is that a crime is subject to formal denunciation by a judge
or jury representing the individuals in the court, which discerns a crime from acts most
individuals find offensive but are not subject to prosecution and formal penalty.

So say, for instance, an individual can be criticised for cheating on his/her spouse, but the
general solution to this issue lies with the parties to the marriage.

Basic elements of Criminal Law

According to Prof. Paranjee, an effective criminal law must have the following four elements:

Politicality
This implies that infringement of rules enacted by the state will be regarded as a crime.

Specificality
It means that the provisions of the statutes must be precise, unambiguously adjudging the
activity as a crime.

Uniformity
The laws should be applied without any prejudice on the basis of caste, creed, race, sex, etc.,
thus the laws must be applied to all equally across the nation.

Penal sanction
The dread of being penalised can be instilled in the minds of the people living in a society with
the aid of penal sanctions, thus discouraging them from committing a wrong.

Purpose of Criminal Law


As discussed above, civil law deals with the interests of individuals. On the other hand, criminal
law deals with the interests of society at large. The main purpose of criminal law is to safeguard
the interests of the people and to help maintain social order and stability.

The basic purpose of criminal law can be defined as follows:

To protect, serve and limit the actions of individuals

Laws serve multiple purposes in the criminal justice system. However, the main goal of criminal
law is to protect, serve, and safeguard human actions and to help guide the behaviour of
humans.

In the modern era, there are three choices to make when it comes to handling criminals, namely:

1. Capital punishment,

2. Private action, and

3. Executive control.

A point must be noted that, even though both private action and executive control are beneficial
in terms of expenses and speed, they present huge dangers that prohibit their usage unless in
extraordinary circumstances.
To punish the offender
The second purpose of criminal law is to penalise the wrongdoer. Punishing the wrongdoer is the
most crucial purpose of criminal law as it dissuades them from repeating the crime again while
also making the offender pay for the crime committed. Retribution does not mean imposing
physical punishment or imprisonment on the culprit, but it may also mean things like
rehabilitation and financial retribution, inter alia.

To protect society from criminals

The last purpose of criminal law is to keep society safe from wrongdoers. Criminal law is a
medium through which the community safeguards itself from those who pose a risk to it. Such a
motive is usually attained via passing verdicts or judgements; these are meant to act as a way of
impeding the criminals from committing the same offence again later.

Criminal law has numerous purposes, but it depends on the perspective of people or how they
see it. A few of them are enacted to distinguish offenders from the community, rehabilitate the
culprit, and penalise the offender. Nonetheless, the two main functions of criminal law are as
follows:

1. To create an interpretation of right and wrong in society, and

2. To punish the lawbreakers.

General objectives of Criminal Laws

According to Wechsler, “the purpose of penal law is to express the social condemnation of
forbidden conduct, buttressed by sanctions calculated to prevent it”. The general objectives of
criminal laws include-

Protecting individuals and property

For the survival of any society, a feeling of security and safety is one of the key aspects, which is
why maintaining peace and order in the community becomes essential. Safety in society includes
personal safety (also referred to as safety of life and liberty) and the safety of property. In order
to ensure safety, it is important that an efficacious panel system that is capable enough to deal
with the violators of the law has been created. Doing so will also enable the general public to live
in peace and with no fear of injury to their life, limb, or property, for that matter. Therefore, the
primary objective of criminal law is to safeguard the public by maintaining law and order in
society.

Prevention/deterrence of criminal behaviour

One of the major reasons for deduction in criminal behaviour is the criminal laws demonstrating
a sufficient deterrence in anti-social behaviour. Deterrence can be referred to as a danger,
difficulty, or situation that prevents a person from committing a wrong.

The presumption inherent in criminal law is that individuals would be reluctant to commit a crime
or may not even commit a crime considering the brutality of the penalty thus inflicted upon the
commission of such an act. Consequently, if enough people fear punishment, the rate of criminal
activity will decline.


Punishing a criminal act
It is a common understanding that all the crimes committed in society cannot be penalised and
not every criminal activity can be averted from happening. Thus, an inescapable level of crime
will unquestionably exist in society. Hence, criminal activities are penalised for the sake of
punishment. So, say, a criminal steals something without prior payment or inflicts an injury on an
individual without proper cause for doing so, the criminal law will make the offender or
perpetrator pay for it by depriving him/her of his/her liberty for a time period.

Rehabilitating a criminal
Once a criminal is punished, they will serve their sentence behind bars. However, this is not
where the criminal justice system ends; our government has created several programmes to
enlighten and train criminals in legitimate occupations and practical skills like weaving, stitching,
construction activities, etc. Hence, upon being released, they do not have a reason to return to a
life of crime and also have the means to earn their livelihood.

Types of punishments under Criminal Law

Jeremy Bentham, one of the leading pioneers in shaping the criminal justice system, stated that
“punishment itself was an evil, but a necessary evil,” so let’s have a look at some of the
necessary-evil punishments.

A note must be taken that, under Section 53 of the IPC, there are 5 types of punishments
mentioned, each of which is discussed in depth below, namely:
1. Death;

2. Imprisonment for life;

3. Imprisonment, which has two descriptions, namely:

1. Rigorous imprisonment, that is, with hard labour, and

2. Simple imprisonment;

4. Forfeiture of property,

5. Fine.

There are several types of punishments under criminal laws in India, including the ones
mentioned above. Let us have a look at them:

Capital punishment / death penalty

The punishment of death is also referred to as capital punishment. Under this punishment, a
culprit is hanged to death.

Such a type of punishment needs authorization from the government and a verdict passed by the
court and is delivered only in the rarest of rare cases. It is the highest form of punishment
awarded under the IPC and has always been a subject of debate. Contentions are made both in
favour of and against the retention of capital sentences as a form of punishment.

Provisions under the Indian Penal Code for the death penalty
The death penalty can be provided for offences under the following sections of the IPC:

Section 121 (Waging, or making an attempt to wage a war, or assisting in the waging of a war,
against the Government of India),

Section 132 ( Abetment of mutiny),

Section 194 (Giving or fabricating false evidence),

Section 302 (Penalty for murder),

Section 303 (Penalty for murder by life convict),

Section 305 (Abetment of suicide of a child or a lunatic)

Section 307 (Attempt to murder),

Section 364A (Abduction),

Section 376E (Punishment for repeat offenders),

Section 396 (Dacoity with murder), inter alia.

However, it is not mandatory for the court to impose the death penalty in these sections.

Lawsuits in India where the death penalty was held feeble

Jagmohan Singh vs. State of Uttar Pradesh (1972)

In this case, it was held that the death penalty is unconstitutional and thus invalid as a penalty.
The Hon’ble Supreme Court asserted that depriving someone of their life is constitutionally licit
only when it is done in accordance with the procedure established by law.


State of U.P. vs. M.K. Anthony (1985)

In this shocking case, the accused was held guilty of killing his ailing wife and his two children as
he was incapable of providing funds for her operation and did not have anyone to support him in
taking care of the children after their mother.

Here, the Apex Court, while passing an amusing verdict, stated that since the offence committed
was not perpetrated under any lust, feeling of vengeance or gain but out of sheer poverty, a
punishment involving life imprisonment would be apt and not capital punishment.

Bachan Singh vs. State of Punjab (1980)

The Supreme Court, in this very famous case, was faced with the dilemma of whether the death
penalty, imposed for some offences under the IPC, is constitutionally valid or not.

By a four-to-one majority verdict, the Supreme Court reached a verdict that the death penalty is
valid and does not constitute an “unreasonable, cruel, or unusual punishment”. However, the
Court ruled that the death penalty must be imposed only for “special reasons” and in the “rarest
of rare cases.” Thus, only if the cases fall under this theory, may capital punishment be
imposed. However, the court did not emphasise the crimes that fall under this category in this
case.

Nonetheless, the courts have from time-to-time affirmed that cases like honour killings,
assassinations, genocide, brutal murder, etc., fall under the definition of ‘rarest of the rare cases’.

Interesting fact: The phrase ‘hang to death’ was replaced by ‘hang until death’ after
subsequent amendments in the criminal laws for capital punishment. There is an astonishing
story behind this, wherein Jawaharlal Nehru, an eminent lawyer, brilliantly played with the words
of the law while protecting his client, who was charged with blowing up a British officer’s horse
carriage. Here, the magistrate ordered that the person be hanged in public, and on the day of
execution, as soon as he was hung, Nehru sent men to hold on to his legs and save him. When
the matter was taken to the court, he contended that the magistrate had written “hang him” and
that the man was being hanged, but the sentence did not say “hang him until death.” Thus,
following the principle of double jeopardy, the defendant could not be hanged again and his life
was rescued.

Imprisonment
Imprisonment means snatching away an individual’s freedom and putting him behind bars. There
are 3 types of imprisonment under the IPC, which are as follows:

Life imprisonment
Under life imprisonment, an offender who is held guilty of committing an offence has to remain in
prison until death occurs, or until he is pardoned, or for a fixed period of time.

In ordinary words, imprisonment for life refers to imprisonment for the whole of the remaining
term of the offender’s natural life. According to Section 57 of the IPC, the period for life
imprisonment is 20 years for the purpose of calculation. A point must be noted that
imprisonment for life can never be simple imprisonment; it is always rigorous imprisonment.

Interesting fact: According to Section 433(b) of the Criminal Procedure Code and Section 55 of
the IPC, the government has the power to ameliorate or suspend the sentence of imprisonment
for life to imprisonment for a term of not more than 14 years. However, life imprisonment cannot
be less than 14 years.

Simple imprisonment and rigorous imprisonment

Under Section 53 of the IPC, there are two types of imprisonment- simple and rigorous. Further,
according to Section 60 of the IPC, the competent court has the option of deciding the nature of
sentencing. It can be of various types, like:

1. Wholly or partly rigorous; or

2. Wholly or partly simple; or

3. Any term to be rigorous and the rest simple.

Simple imprisonment

In simple imprisonment, an offender who is held guilty of committing crimes such as wrongful
restraint or defamation is kept behind bars without any hard labour; thus, only light duties are to
be performed by them.

Rigorous imprisonment

In rigorous imprisonment, an offender is put behind bars and has to mandatorily perform hard
labour duties like agriculture, carpentry, digging the earth, breaking stones, etc.

Rigorous imprisonment is compulsory for the following two sections of the IPC:

1. Section 60 (Giving or fabricating false evidence with intent to procure conviction of capital

offence).

2. Section 449 (House-trespass in order to commit an offence punishable with death).

Forfeiture or confiscation of property

Forfeiture indicates the loss of property of the wrongdoer, meaning the state seizes or takes into
possession the property (which can be movable or immovable) of an offender. Such a
punishment is often used for offences involving the breach of traffic and revenue laws.

Forfeiture of property as punishment is proffered for the following two sections of the IPC:

1. Section 126 (committing depredation on territories of Power at peace with the Government of
India), and

2. Section 127 (Receiving property taken by war or depredation mentioned in Sections 125 and
126).

This type of punishment is considered appropriate for minor offences and crimes related to
property.

Levying fines
The punishment of a fine, in addition to serving the purpose of deterrence, also serves three
other purposes, namely:
1. It may help to support the prisoners.

2. It can generate expenses for prosecuting the prisoners.

3. It may be used to remunerate the agonised party.

Such a punishment is very beneficial for offenders who are not hardened criminals, but care must
be taken that there is no excess fee levied upon the offenders, and it should not go to the extent
that the person has to almost forfeit their property to pay the amount.

The court may impose a fine along with imprisonment or as an alternative to imprisonment. It
generally is as per the discretion of the court. As per Section 64 of the IPC, a court may impose
imprisonment if the wrongdoer fails to furnish a fine.

Solitary confinement
Solitary confinement refers to keeping the inmate isolated and away from any sort of
communication or contact with the outside world. In order to avert the perils associated with this
kind of punishment, Sections 73 and 74 lay down the limitations beyond which solitary
confinement cannot be imposed under Indian penal law.

The term period for solitary confinement under the aforementioned sections is as follows:

1. Solitary confinement shall not exceed one month if the term of imprisonment is less than or
up to six months.

2. Solitary confinement shall not exceed two months if the term of imprisonment is more than six
months but less than one year.

3. Solitary confinement shall not exceed three months if the term of imprisonment is more than
one year.

Moreover, the total period of solitary confinement will not go beyond three months in any
circumstances. It cannot go beyond fourteen days at a time with intervals of fourteen days in
between or seven days at a time with seven days intervals in-between, in cases where the
substantive sentence exceeds three months’ imprisonment.

In Charles Sobraj vs. Superintendent, Tihar Jail (1978), the Hon’ble Supreme Court made an
observation that solitary confinement is the harsh isolation of a prisoner from the community of
fellow prisoners and should be imposed only by following a just procedure and in exceptional
cases.

Deportation 

Another method of punishment is deportation, which is also known as transportation,

banishment, or ‘Kaalapani’, and involves the elimination of incorrigible or dangerous offenders by
transporting them to distant places, thus removing them from their community.

This form of punishment was abolished in England a long time ago and has now been abolished
in India as well.

Corporal punishment
Corporal punishment was a very common form of punishment until the 18th century. It includes
the following:

Flogging
The dictionary meaning of the word ‘flogging’ is ‘to whip or beat with a strap on a stick as a
punishment’. The primary motive of this kind of punishment is deterrence.

In India, under the Whipping Act, 1864, whipping was identified as being one of the methods of
punishment. It was later replaced by a similar Act in 1919, which was ultimately abolished in
1955, considering its inhumane nature.

Mutilation
Mutilation is another type of corporal punishment wherein the offender’s body parts are cut off as
an effective measure of deterrence and to prevent crime in the community. An example of
mutilation may include the chopping off of hands in cases of theft. Another example may be the
private parts of a sex offender being cut off. In India, it was quite prevalent during the Hindu
period.

Branding
Branding, which is recognised to be one of the cruellest forms of punishment, involves the
marking of a criminal’s forehead for identification and public disgust. An example of branding
would include the marking of an offender’s head with the letter ‘t’ for theft. In India, such a
mode of punishment was prevalent during the Mughal period.

Chaining
Chaining was yet another form of punishment wherein the hands and legs of the culprits would
be chained together with iron rods. This form of punishment is now occasionally used in the
current prison system.

Indeterminate punishment
An indeterminate punishment is another type of punishment which involves the sentence of
imprisonment not being set. Thus, the time period is left to be decided at the time of granting
the award, so, if the accused shows improvement, the sentence may be brought to an end.

Stoning
Punishment like stoning is quite brutal and merciless in nature. It was in practice in the medieval
period and in Islamic countries like Pakistan and Saudi Arabia for sex offenders.

Cancellation of licences
This is yet another form of punishment wherein the licence holder’s licence is suspended and/or
cancelled in cases of violation. For instance, a driver’s licence is suspended or revoked in the
event the driver is found guilty of drunk driving. Another example could be the revocation of a
manufacturer’s licence if it is in violation of the Environment (Protection) Act, 1986.

Theories of punishment under Criminal Law

There are eight major theories of punishment. They are as follows:

Deterrent theory of punishment

The primary motive of deterrent punishment is to portray the object of the futility of crime,
thereby teaching a lesson to others. Thus, deterrence acts on the motive of the wrongdoer,
whether actual or potential. The main idea behind deterrent punishment is the prevention of
crime by inflicting an exemplary sentence on the wrongdoer. By doing so, the state seeks to
threaten the members of the community and thus prevent them from committing any crime.
Furthermore, such an act also issues a warning to other offenders and potential lawbreakers.

In Phul Singh vs. State of Haryana (1980), a young philanderer (a person who has several sexual
partners- usually a male having several women as sexual partners) was held guilty of raping a
24-year-old girl who lived next door. The Sessions Court passed a sentence of 4 years of rigorous
imprisonment and the High Court upheld the same. However, when this matter reached the
Supreme Court, the sentence was reduced to 2 years of rigorous imprisonment as the abuser

was not a habitual offender and had no ferocious antecedents. The Supreme Court made an
observation that “the incriminating company of lifers and others for long may be
counterproductive, and in this perspective, we blend deterrence with correction and reduce the
sentence to rigorous imprisonment for two years.”

Preventive theory of punishment

If the deterrent theory aims at putting an end to crime by creating fear in the minds of the
people, the preventive theory aims at preventing the crime by disabling the criminal or
lawbreaker. For instance, by giving the death penalty to a criminal or by putting him behind bars
or by suspending the driving licence of a lawbreaker, the preventive theory prevents the
repetition of the act thus committed.

The preventive mode of punishment is effective in the following manner:

1. By creating the fear of punishment in all potential lawbreakers;

2. By incapacitating the wrongdoer by instantly engaging in a crime; and

3. By transforming the wrongdoer through a process of reformation and re-education so that the
crime is not repeated again.

Reformative theory of punishment

As per the reformative theory, a crime is committed as a result of the clash between the
character and intent of the culprit. An individual may commit a crime either because the
temptation of the intent is intenser or because the constraint imposed by character is weaker.
The reformative theory has its main focus on strengthening the character of the wrongdoer in
order to fend them off from falling prey to their own enticements. This theory assesses
punishment to be curative or to perform the role of medicine as, according to this theory, crime
is like a disease. Further, this theory upholds that ‘you cannot cure by killing’.

Several reformists are of the view that since a culprit stays in prison to be re-educated and re-
shape his personality into a new mould and to be transformed into a law-abiding citizen, prisons
must be turned into comfortable dwelling houses. However, in a country like India, wherein there
are millions of people living below the poverty line, such an act may act as a motivation to
commit wrongs.

Looking at the situations of prisons across India, Justice Krishna Iyer, in the case of Ramesh
Kaushik vs. Superintendent, Central Jail (1980), opened his judgement with the following
poignant question:

“Is a prison term in Tihar jail a postgraduate course in crime?”

In yet another case [Sunil Batra (II) vs. Delhi Administration (1980)], Justice Krishna Iyer, in his
verdict, stated:

“The rule of law meets with its Waterloo when the state’s minions become law-breakers and so
the court, as the sentinel of the nation and the voice of the Constitution, runs down the violators
with its writ and secures compliance with human rights even behind iron bars and by prison
warders.”

The aforementioned judgement deals extensively with the shocking conditions prevailing in
Indian prisons and has several recommendations for prison reforms.

Retribution theory of punishment

While other theories of punishment consider punishment as a means to some other end, the
retributive theory views it as an end in itself. It regards it as absolutely lawful that evil should be
returned for evil, and an individual should be dealt with in the way he/she deals with others. To
put it in other words, an ‘eye for an eye’ and ‘a tooth for a tooth’ are assessed to be the rule of
natural justice.

Unfortunately, this theory does not pay heed to the rationales of crimes, nor does it strike at the
expulsion of the causes. Further, it also disregards the fact that two wrongs cannot really make a
right. Moreover, this theory appears to disregard that if vengeance is the spirit of punishment,
violence will be a way of prison life. This is why the primary intent of true punishment should be
to take the place of justice for injustice, to make the law-breaker restore or compensate the
victim, and by such restoration and repentance, the spirit of the sufferer be assuaged.

Expiatory/ compensatory theory of punishment

The proponents of this theory of punishment assert that the main motive of delivering a penalty
is self-realisation, so, if the wrongdoer, after committing a crime, acknowledges his sin, then he
must be pardoned. To put it simply, compensation is provided to the sufferer for the damage
caused by the accused. In this manner, the wrongdoer is made to realise the identical suffering
they have caused to the sufferer.

Incapacitation theory of punishment


Incapacitation means ‘being deprived of strength or power’. This theory incapacitates the
criminals so that they cannot further commit an offence. A sense of fear also grows in their
minds as well as that of the future generations before they commit any crimes in the foreseeable
future, thus discouraging them.

Utilitarian theory of punishment

This type of punishment is considered to be one of the most brutal punishments, and it applies to
dissuasion techniques for averting criminals from committing an offence. Such punishments
include crippling or disablement, inter alia, and the effect of such a theory could be positive or
negative.

Multiple approach theory of punishment

In cases where a single theory fails to meet the aim or object, a blend of two theories is the
choice. Thus, the court should take a judicious approach while choosing the theories of
punishment.

Hierarchy of Criminal Courts in India as stated in

criminal statutes
The Indian criminal courts are formed in such a manner that any aggressive party can seek
justice from them. Disgruntled citizens can also appeal to the higher courts in case they feel the
lower courts have not provided justice in a manner that is just. The hierarchy of criminal courts
in India is as follows:
The Supreme Court of India
The Supreme Court of India was established under Article 124 of Part V, Chapter IV of the Indian
Constitution. It is the highest Court in the country and is situated in New Delhi, the capital of
India.

The High Courts of India

The second level of the hierarchy is the high courts. They are the highest authorities in a state’s
judicial system. They are governed by Article 141 of the Indian Constitution and are bound by
the verdicts passed by the Supreme Court.

Subordinate/ lower courts

Apart from the Supreme Court, the high courts, and the other courts established by any statute,
the following courts must exist in each and every state, as per the Criminal Procedure Code:

A) Metropolitan Courts,

B) Sessions Court,

C) Chief Metropolitan Magistrate,

D) First Class Metropolitan Magistrate,

E) District Courts,

F) Sessions Court,

G) First Class Judicial Magistrate,

H) Second Class Judicial Magistrate, and

I) Executive Magistrate.

Stages of crime as discussed in Indian Criminal Law

Whenever a crime is committed, there is a proper strategy or stages behind it. In the case of
every crime, first there is an intention to commit a wrong, followed by the preparation to commit
it, thus constituting the second stage. Thirdly, there is an attempt to commit the wrong, followed
by the fourth and last stage, i.e., accomplishment. Each stage is discussed in brief below.

Intention
Intention is the first stage of committing a crime and is oftentimes regarded as the mental or
psychological stage. At this stage, the offender decides his intent and the manner in which he
would proceed towards committing the crime. The person cannot be penalised at this stage as
mere intention or having a mental concept to commit a wrong would not constitute an offence.

Preparation

Preparation for committing a crime is the second stage of the crime, and it consists of organising
the essential resources for performing the criminal act. Mere intention or preparation are not
punishable as in several cases it becomes difficult or at times impossible for the prosecution that
the preparations in question are for the commission of the specific crime.

Attempt
An attempt is a straightforward move towards the commission of a crime after the preparation of
an agenda. As per the law, an individual is guilty of attempting to commit a wrong even if the
facts are such that carrying out the offence seems to be impossible.

Accomplishment
The last and final stage of committing an offence is the successful completion of the act, so, if
the person succeeds in committing a crime, he/she will be culpable of the whole offence.
Moreover, if he/she fails to commit the crime, he/she will be guilty of his attempt.

An example of accomplishment may include the following:

A fires a bullet at B with the motive of killing him. In such a case, if B is dead, A will be held
guilty of committing the offence of murder, whereas, if B is injured, it will be a case of an attempt
to murder.
Important elements of criminal offences under Indian
criminal laws

FIR (First Information Report)

An FIR is a written document which is filed by the police to report a criminal offence to be
investigated by the authorities. An individual can file an FIR by visiting a police station in the
locality where the crime took place.

Under Section 154 of the Cr.P.C., the law gives a preference of choosing to provide information
either orally or in writing.

Bail
A bail refers to the temporary discharge of an accused in criminal cases, wherein the trial is
pending and the court is yet to reach an inference. The laws relating to Brazil and bail bonds are
discussed under Section 436-450 of the Cr.P.C.

There are three types of bail, namely:

1. Regular bail,

2. Interim bail, and

3. Anticipatory bail.

Evidence
Evidence establishes facts. It is used in trials to establish the validity or invalidity of certain facts.
For example, the evidence of a bloody fingerprint would aid in speculating the fact that the
individual was present at the scene of the crime.

There are four types of evidence, namely:

1. Real evidence,

2. Demonstrative evidence,

3. Documentary evidence, and

4. Testimonial evidence.

Offences
Depending on the nature and gravity of the offence, they can be categorized as follows:

1. Cognizable and non-cognizable offences.

2. Bailable and non-bailable offences.

3. Compoundable and non-compoundable offences.

Cognizable and non-cognizable offences

Cognizable 

A cognizable offence is an offence in which the police can arrest an accused without a warrant
and can carry out an enquiry without seeking prior approval from the court. Under Section 154 of
the Criminal Procedure Court, a police officer has to lodge an FIR in cases of cognizable offences,
and he can also conduct an investigation before filing the FIR.

Examples of cognizable offences

Some of the examples of a cognizable offence are as follows:

1. Waging or attempting to wage war, or abetting the waging of war against the government of
India,

2. Murder,

3. Rape,

4. Dowry death,

5. Kidnapping,

6. Theft,

7. Criminal breach of trust,

8. Unnatural offences, etc.

Non-cognizable offences

A non-cognizable offence is an offence wherein a police officer cannot arrest the accused without
a warrant, nor can he start an enquiry without seeking approval from the court.
Examples of non-cognizable offences

Some of the examples of non-cognizable offences include:

1. Forgery,

2. Cheating,

3. Defamation,

4. Public nuisance, etc.

Bailable and non-bailable offences

Bailable

Bailable offences are those crimes which are not very serious in nature. In such cases, the police
have the right to grant bail, which is one of the rights of an arrested person. Herein the accused
must be released on the execution of a ‘bail bond’ with or without providing any sureties.

As per Section 50 of the CrPC, a police officer must apprise the arrested person that he/she has
the right to be released on bail in cases of a bailable offence. Further, as per Section 436 of the
CrPC, when an accused is arrested for a non-bailable offence without a warrant, then that person
must be released on bail. The bail amount can be fixed at the discretion of the officer of the
court.

Examples of non-cognizable offences

Some examples of bailable offences include:

1. Actively participating and being a member of an unlawful activity,

2. Rioting, armed with a lethal weapon,

3. Giving a false statement in matters of an election,

4. Selling any food or drink even after having knowledge of it being dangerous or poisonous,
etc.

Non-bailable offence

Non-bailable offences are grave offences where bail is a privilege and it can only be approved by
the court. On being arrested and taken into custody for an offence which is of a serious or non-
bailable nature, the offender cannot ask to be released on bail as his/her right.

Examples of non-cognizable offences

Some examples of bailable offences as listed under the Indian Penal Code include:

1. Murder under Section 302;

2. Dowry death under Section 304B;

3. Attempt to murder under Section 307;

4. Voluntarily causing grievous hurt under Section 326;

5. Kidnapping under Section 363;

6. Rape under Section 376, inter alia.

Compoundable and non-compoundable offences



Compoundable offences

A compoundable offence is an offence wherein the person filing the complaint, i.e., the victim,
agrees to reach a settlement and get the charges dropped against the accused. Nonetheless,
such a settlement has to have occurred with bona fide intent and not for any sort of
consideration to which the complainant may be entitled to.

In India, compoundable offences are covered under Section 320 of the CrPC. They are of two
distinct types discussed in the tables under Section 320, namely:

1. Compounding offences where the permission of the court is not required

There are several offences where the permission of the court is not needed to take back the case
or reach a settlement outside the court. Examples include:

1. Adultery,

2. Causing hurt,

3. Defamation,

4. Criminal trespass, etc.

5. Compounding offences where the permission of the court is required

There are several offences where the permission of the court is not needed to take back the case
or reach a settlement outside the court. Examples include:
1. Theft,

2. Criminal breach of trust,

3. Voluntarily causing grievous hurt,

4. Assaulting a woman with the motive of outraging her modesty, etc.

Non-compoundable offences

Non-compoundable offences are those which cannot be compounded, meaning such offences
cannot be settled outside the court nor can they be taken back as the nature of the offence is
grave, the injured party as well as society are affected by such an act, and the accused must not
be allowed to walk free. Further, the state, i.e., the police files the case; thus, the question of the
complainant reaching a settlement does not exist.

All those offences which are not covered under Section 320 of the CrPC are non-compoundable
offences. Examples include:

1. Causing hurt by dangerous weapons or means voluntarily,

2. Wrongfully confining a person for more than 3 days,

3. Assault or criminal force on a woman with the motive of outraging her modesty, etc.

Types of criminal offences

Crimes can be classified according to their heinousness. There are several acts across the globe
that are deemed to be criminal offences. However, these acts can be classified into five major
categories, namely:

Criminal offence against a person

Crimes against a person or an individual are those that cause physical or mental harm to another
person and can be classified into two categories, namely:

1. Forms of homicide, and

2. Violent crimes.

In times when the severity of crimes is so acute that it causes death, the person may be charged
with any of the types of homicides, including: 

1. first – degree murder,

2. Voluntary manslaughter, or

3. Vehicular homicide.

Contrarily, violent crimes that are also grave include:

Assault and battery,

Arson,

Child abuse,

Domestic abuse,

Kidnapping,

Rape and statutory rape.

Criminal offence against property

Usually, crime against property includes the interference with the property of another person.
Even though such crimes are mostly committed against the property of another party, it may also
lead to physical or mental harm or both to a person. Some instances of property crimes are:

1. Theft crimes include burglary, larceny, robbery, auto theft, and shoplifting.

2. Robbery, etc.
Statutory criminal offences
Statutory crimes are those offences that are considered a crime by way of statute, and they
often overlap with the other types of crimes. Three notable types of statutory crimes include:

1. Alcohol related crimes,

2. Drug crimes, and

3. Financial/white collar crimes.

These types of crimes are usually restricted by special statutes like those relating to the use of
drugs, banned substances (like heroin, marijuana, etc.), or financial offences. It is done so for
the community in the hope that individuals will avoid committing such wrongs.

Further, under statutory criminal offences, there exist alcohol related crimes, namely:

Driving under the influence,

Minors owning alcohol,

Drinking in public places,

Providing alcohol to minors,

Refusing to perform a field sobriety test,

Refusing to perform a breathalyser or provide a blood sample, etc.

Moreover, traffic offences are also covered under this law, some of them include:

1. Driving on a suspended or revoked licence,

2. Driving without a licence,

3. Hit-and-run mishaps,

4. Driving in a reckless/negligent manner, etc.

Inchoate criminal offences

Inchoate crimes are those crimes that were initiated but not completed. Such an offence helps in
committing another offence. In addition, for such acts to be regarded as criminal offences, the
individual must take active or substantial steps towards the completion of the crime in order to
be held guilty. The punishment for committing such an offence can be severe to the same degree
that the underlying crime should be punished, whereas in other cases the punishment might be
less severe. Some instances of inchoate criminal offences are:

1. Aiding,

2. Abetting,

3. Conspiracy,

4. Attempting, etc.

Financial and other criminal offences

Finally, financial crimes are those offences that involve deception or fraud for economic gain.
They are carried out by acts such as fraud, deception, inter alia. These are oftentimes indicated

as white collar crimes and include criminal offences such as:

1. Fraud (Section 420 of the IPC),

2. Blackmail (Section 383 and Section 503 of the IPC),

3. Embezzlement (Section 403 of the IPC),

4. Money laundering (Prevention of Money Laundering Act, 2002),

5. Tax evasion (Section 276C of the Income Tax Act, 1995),

6. Cyber crimes (Section 378 read with Section 22, Sections 424, 425, 426, 463, 465, 468 of the
IPC, along with Section 411 of the IPC which is similar to 66B of the IT Act, Section 66C and
66D of the Information Technology Act, 2000, inter alia), etc.

Types of criminal laws in India

There are some crimes that are regarded as offences in rem, i.e., against society in general,
wherein the state acts as the prosecution in court. Such offences are usually criminal offences,
and they fall under the Concurrent List.

Top 3 criminal laws in India

The top 3 laws that govern criminal law in India, inter alia, are the IPC (IPC) of 1860, the
Criminal Procedure Code (CPC) of 1974 and the Indian Evidence Act, 1872. Let’s have a brief
look at each of them.
The Indian Penal Code, 1860
The Indian Penal Code (IPC) is the main document that majorly governs the criminal acts and the
penalties an offender must be charged with. The primary object of ratifying such a Code is to
provide a general, all-around, exhaustive Penal Code for all the offences in India.

The Indian Penal Code is applicable to the whole of India. The penalties for committing a wrong
are extended within India as well as outside India, but they must be tried within India. The IPC is
also applicable to offences which are committed at any place outside India by an individual on
any ship or aircraft registered in India, wherever it may be, thus having an extra-territorial
authority. The reason being, it is based on the proposition that every nation has the right to take
charge to control and rule in its own jurisdiction.

Several crimes, such as murder, kidnapping, theft, etc., are covered under the IPC.

Drawbacks of the IPC

The main drawbacks of the IPC are as follows:

Age-old laws

Colonial ideas still exist in the Code. It is based on the colonial attitude of Britishers to rule India.
For instance, Section 375 of the IPC that discusses rape needs a gender-neutral definition.
Presently, this Section does not include men, eunuchs, hijras, or boys as victims of rape and only
considers women as victims of rape.

Prejudicial towards women

There are several laws that encourage patriarchal attitudes and are prejudicial towards women.
Most of the criminal laws in India are based on the male perspective. For instance, Section 125 of
the CrPC states that a husband is supposed to maintain his wife, children and parents in case
they are not able to maintain themselves, thus proving that men are superior to the rest. The
concept of gender equality must be kept in mind before passing any such laws.

Misuse of sedition law

Sedition laws are oftentimes misused rather than utilised by the state. It is defined under
Section 124A of the IPC and was originally inserted by the Britishers in 1898 to control any revolt
against them and to suppress the freedom movements. But now, this Section is used incorrectly
against individuals who control the government. A recent example of misuse of sedition law can
be the arrest of Disha Ravi in 2021 in connection with a toolkit on the farmer protests. She was
later granted bail by the trial court in Delhi.

No proper definitions of several activities and a dire need to redefine others

Several offences, like tech crimes, cyber crimes, and sexual offences, need to be clarified. For
instance, marital rape is still not recognised as an offence under any legislation explicitly. One
positive instance of this could be the decriminalisation of Section 377, which criminalised
homosexuality and was based on the Victorian regime.

Policing

Under the present IPC, there is a risk of unreasonable police interference, also known as policing,
this will in turn lead to harassment of people. For instance, as per Section 294 of the IPC, the act
of causing annoyance to the public by performing any obscene activity in public places is
punishable. However, there is no proper definition of the word ‘obscene’, and thus, the police
often use it to their unfair advantage. 

Punishments based on judges’ discretion

There are several provisions, say mob lynching, wherein the maximum punishment, sentence, or
fine is not mentioned. Thus, the punishment becomes discretionary for the judge to deliver and
may differ as per the events or situations.

No place for reformation or community service

The punishments provided under Chapter III of the IPC are quite conservative and archaic, and
only provisions for punishments and fines are enacted underneath it. In this century, there is a
dire need for the reformation of such laws. For instance, under Chapter III community service or
reformation of criminals in different ways apart from fines and punishments could be
inculcated.

The Criminal Procedure Code, 1974

The Criminal Procedure Code (CrPC) is a procedural law that talks about how police machinery is
to function as far as the enquiry and process are to be adhered to by courts at the time of
enquiry/investigation or trial. When the Code of Criminal Procedure came into effect in 1973, the
Code of Criminal Procedure, 1908, was already in existence. There are 37 chapters, 484 sections,
56 forms, and two schedules in the existing Criminal Procedure Code of 1973. The CrPC has
several offences categorised under it, such as bailable, non-bailable, cognizable, and non-
cognizable offences. Each of them is discussed above in brief.

A point must be taken into consideration that if significant law (IPC) is the most important
element to safeguard society, a critical method to attain and execute substantial law is
procedural law.
 The procedural treatment for distinct offences varies. Several steps, like filing an FIR, gathering
evidence, and starting an enquiry, are all discussed in the CrPC.

The Indian Evidence Act, 1872

The Indian Evidence Act came into force on 1st September 1872, and applies to the whole of
India as per Section 1 of the same. It has regulations and allied issues that regulate the
admissibility of evidence in the Indian courts. Presently, it consists of 167 sections distributed
across 11 chapters.

Interesting fact : Previously, the Act was applicable to the whole of India except for the State
of Jammu and Kashmir, but after the Jammu and Kashmir Reorganisation Act, 2019, the words
“except the State of Jammu and Kashmir” were deleted.

Applicability of the Act

To what proceedings does the Act-

Apply (S. 1) Not apply (S. 1)

The Act is not applicable to-i. Affidavits submitted before

This Act is applicable to all the
any court or officer, orii. Proceedings before an arbitrator,
proceedings before any court,
oriii. Proceedings before a court-martial convened under –
including a court-martial
The Army Act, 1950; orThe Naval (Discipline) Act, 1957;
(except those specified in the
orThe Indian Navy (Discipline) Act, 1934; or The Air Force
second column).
Act, 1950.

Types of evidence under the Indian Evidence Act

Several types of evidence are discussed under this Act, namely:

1. Oral evidence

2. Documentary evidence

3. Primary evidence

4. Secondary evidence

5. Real evidence

6. Hearsay evidence

7. Judicial evidence

8. Non-judicial evidence

9. Direct evidence

10. Indirect/circumstantial evidence

More information on the same can be obtained here.

Other criminal laws in India

The Criminal Law Amendment Act, 2013

The Criminal Law Amendment Act, 2013 was passed after the Nirbhaya case (discussed below),
wherein a female student was gang raped in 2012. This Act modified several Acts, especially the 
ones mentioned above, i.e., the IPC, the CrPC, and the Indian Evidence Act.

This Act recognized and incorporated several offences in the IPC, including:

1. Acid attack (Section 326A and Section 326B),

2. Sexual harassment (Section 354A),

3. Voyeurism (Section 354C),

4. Attempt to disrobe a woman (Section 354B),

5. Stalking (Section 354D), and

6. Sexual assault which causes death or injury causing a person to be in a persistent vegetative
state (Section 376A).

Furthermore, the Act amended the already existing acts to make them more stringent. One of
the most important amendments could be the addition and broadening of the definition of rape
under Section 375 to include acts other than penetration. Additionally, Section 375 was
substituted with Sections 370 and 370A. This Act was further amended in 2018.

The Narcotics Drugs and Psychotropic Act ( NDPS Act), 1985

The Narcotics Drugs and Psychotropic Act, 1985, also referred to as the NDPS Act, came into
existence on November 14th, 1985. It has gone through amendments thrice. Until 1985, there
were no distinct laws related to narcotics. The NDPS Act attempts to forbid producing,
manufacturing, cultivating, possessing, purchasing, selling, transporting, storing, and/or
consuming any narcotic or psychotropic substance across India.
The NDPS Act has been amended thrice in 1989, 2001, and 2014.

The Prevention of Corruption Act (PCA Act), 1988

The Prevention of Corruption Act, 1988 was enacted to curb corruption and malpractices in
government agencies and public sector businesses in India. This Act consists of 5 chapters, which
are spread across 31 sections. The original 1988 Act had a limited success rate in curtailing
corruption and prosecuting and punishing public officers or servants involved in such corrupt
activity, which is why the Act has been amended twice, once in 2013 and the second time in
2018.

Under the PCA Act, the Central Government has the authority to appoint judges and try the
following cases:

1. Those offences are punishable as per this Act.

2. A conspiracy to commit or a shot at committing an offence that is specified under the

provisions of this Act.

The Prevention of Food Adulteration Act (PFA Act), 1954

Both houses passed the Prevention of Food Adulteration Bill, which received the assent of the
President on September 29th, 1954. It came into force on 1st June 1955 as the Prevention of
Food Adulteration Act (PFA Act), 1954.

The main objective of the Act is as follows:

1. To make laws for the prevention of food adulteration.

2. To safeguard the public from any toxic, lethal and deleterious foodstuff.

3. To put a stop to or seize the sale of substandard food.

4. To protect the interests of consumers by banishing sharp practice/trickery.

The PFA Act has been amended thrice in 1964, 1976, and 1986.

Criminal laws enacted explicitly for women

The Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961, which came into existence on May 1st, 1961, was an attempt to
avert the offering and accepting of dowry. Along with this Act, several sections of the IPC were
also amended to provide for the guarding of female victims of such a heinous crime. This Act is 
applicable to all individuals of all religions throughout India.

The penal provisions under the Act for committing such a crime are as follows:

1. Section 3

Under Section 3 of the Act, if any person gives or takes or abets the giving of dowry, he/she is
liable for a punishment which shall be not less than 5 years of imprisonment and a fine of not
less than fifteen thousand rupees or the amount of the dowry, whichever is more.

2. Section 4

Under Section 4 of the Act, if any person makes a demand for dowry, whether directly or
indirectly, from the parents or other relatives or any guardian of a bride or bridegroom, he/she
shall be punishable by imprisonment for a term not less than six months, but which may extend
to two years, along with a fine which may extend to ten thousand rupees.

The Commission of Sati (Prevention) Act, 1987

The cruel and immoral practice of Sati (burning alive the widow with her deceased husband) was
quite prevalent in the period from 1680 to 1830.

The Commission of Sati (Prevention) Act, 1987 came into existence in 1987 after the Rajasthan
State Government enacted the Rajasthan Sati Prevention Ordinance, 1987. There was an uproar
throughout the country considering the act of sati being performed on Rupkunvar from Deorala
village.
Interesting fact: The aforementioned Rupkunvar case was the last known case of sati in India.
She was an 18-year-old widow who was burnt alive on the pyre of her deceased husband, and
this action shook the nation and thus paved the way for new legislation for the abolition of such
inhumane practices.

The Indecent Representation of Women (Prohibition) Act, 1987

There were and still are several sections under the IPC like-

1. Section 292 and Section 292A (selling, hiring, distributing, etc. any obscene material);

2. Section 294 (performing obscene acts or playing illicit songs in public),

existing to prohibit indecent representation of women, but these laws were not fruitful, which is
why women’s organisations made several protests and representations to pass an ordinance to
curb this evil. Eventually, Parliament passed the Indecent Representation of Women (Prohibition)
Act, 1987, which became effective on October 2nd, 1987. This Act is applicable to each and
every Indian state except for Jammu and Kashmir.

As per this Act, if any individual is found to harass any woman with an indecent representation in
the form of books, photographs, paintings, films, pamphlets, packages, etc., he/she will be
punished by a minimum of 2 years’ imprisonment.

The Protection of Women from Domestic Violence Act (PWDVA), 2005

The Protection of Women from Domestic Violence Act, 2005, also known as the PWDVA Act, was
passed in 2005 and was implemented in October 2006. This Act throws light on the definition of
domestic violence as stated under Section 3 of the Act, encompassing the following types of
abuse:

1. Physical abuse,

2. Sexual abuse,

3. Verbal and emotional abuse, and

4. Economic abuse.

It also expands the definition of domestic relationships by including mothers, wives, sisters-in-
law, daughters, and daughters-in-law. The main object of the Act is to secure women from any
sort of domestic violence.

The Immoral Traffic (Prevention) Act, 1956

Prior to independence, there were certain states that had distinct acts to avert human trafficking.
However, they were not sufficient enough, which is why there was a dire need to pass a law in
accordance with the same.

Thus, the Suppression of Immoral Traffic in Women and Girls Act, 1956, commonly known as the
SITA Act, was passed. This Act was amended in 1986. The title of it has now changed and it is
called the Immoral Traffic (Prevention) Act, 1956, which became effective on August 20th, 1986.

Criminal laws enacted explicitly for children

There is no crime committed unless the intention or motive behind doing so is referred to as
guilty, meaning the act does not by itself make the man guilty unless his intention was. But as

far as a child is concerned, he is totally exempted from criminal liability under penal laws
depending upon his age and the gravity of his understanding for committing such an act. For
instance, under the IPC, no child commits an offence under the age of 7 years. The following
offences deal with crimes committed by a child under the IPC:

1. Section 82

It states that nothing is an offence committed by a child whose age is under seven years.

2. Section 83

It states that nothing is an offence committed by a child whose age is above seven years but
below twelve years and who does not have the maturity to reckon the outcome of the act thus
committed.

Interesting fact: There is a Latin maxim called “doli incapax” meaning ‘incapable of doing any
harm/wrong’ or ‘incapable of committing a crime’. It is a presumption that a child is not capable
of committing an offence and the aforementioned sections are based on the same principle.

The other laws enacted only for children are as under:

The Juvenile Justice (Care and Protection) Act, 2000

The Juvenile Justice (Care and Protection) Act, 2000, which brought the country into alignment
with the Child Rights Convention, 1989, was one of the most crucial pieces of legislation
governing juvenile crime after India became independent.
Any individual under the age of 18 was considered a minor and was never tried as an adult. This
was the law which caused fury amongst the Indian public in the infamous ‘Nirbhaya Devi gang
rape case‘, an incident which distressed the whole country on December 16, 2012.

A note must be taken that the Juvenile Justice (Care and Protection) Act, 2000, is now replaced
with the Juvenile Justice (Care and Protection) Act, 2015.

The Children Act, 1960

This Act was enacted for the care, protection, maintenance, welfare, training, education, and
rehabilitation of neglected or delinquent children and for the trial of delinquents in the Union
territories.

The Protection of Children from Sexual Offences (POCSO) Act, 2012

The Protection of Children from Sexual Offences Act, 2012, commonly known as the POCSO Act,
was passed to provide robust legislation for shielding children from offences like-

1. Sexual assault,

2. Sexual harassment,

3. Pornography, etc.,

while also cushioning children at every stage of the judicial process.

The framing of the Act seeks to put children first by making it easy to use by including
mechanisms for child-friendly reporting, recording of evidence, investigation, and speedy trial of
offences through designated special courts. The Act makes abetment of child sexual abuse an
offence.

General defences available for a criminal under criminal

laws : an India perspective
In India, criminal laws have several punishments enlisted for wrongful activities. However, it is
not always important that an individual is penalised for a crime. This is where the general
defences come into being. So, under Chapter IV of the IPC, general exceptions, i.e., the
exceptions wherein a person may be spared from the wrath of punishment, are discussed. The
defences are as follows:

Mistake of fact
At times, a mistake of fact is a good defence, but it must be a ‘mistake of fact’ and not a
‘mistake of law’. It is discussed under Sections 76 and 79 of the IPC.

Illustration
A, a soldier, opens fire on a mob by the order of his superior, in conformity with the commands of
the law. In this case, A has not committed any offence.

Judicial acts
The second general exception relates to the actions of judicial officers and courts. They are laid

down under Sections 77 and 78 of the IPC.

Here, any act done by a judge acting judicially is no offence.

Illustration
Any judge who sentences a prisoner to death, even if it is done wrongfully, will not be liable to be
punished for having caused somebody’s death.

Accident
The third exception relates to acts committed by accident. It is discussed under Section 80 of the
IPC. It provides that nothing is an offence which is done by accident or misfortune-

-without criminal intention or knowledge,

-in the doing of a lawful act,

(i) in a lawful manner,

(ii) by lawful means, and

(iii) with proper care and caution.

Illustration
A is working with a hatchet (a small axe). The head of the hatchet flies off and a fatality is
caused. Here, if there was no want of proper caution on the part of A, his act is excusable and
not an offence under Section 80.

Absence of criminal intent

This exception, namely, absence of criminal intent, can be considered to be those acts which
appear to be criminal offences but are committed without any criminal intent, which, obviously,
must not be retaliated against. Thus, they are rightly exempted from the category of offences.

Under this head, seven acts are mentioned in Sections. 81 to 86 and 92 to 94. These are as
below:

(a) Act done to avoid other harm (Section 81);

(b) Act of a child-

1. under seven (Section 82),

2. above seven and under twelve, but of immature understanding (Section 83).

(c) Act of an insane person (Section 84);

(d) Act of an intoxicated person (Sections 85-86);

(e) Bona fide act for another’s benefit (Section 92);

(f) Communication made in good faith (Section 93);

(g) Act done under compulsion or threat (Section 94).

Act done by consent

The definition of consent is stated under Section 90 of the IPC, which runs in negative terms and
discusses what is not consent. Sections 87 to 91 state the laws as to how far an act done by
consent will be forgiven by statutes.

Trifling acts
The next general exception talks about acts that are of a trifle (trivial) nature. It is discussed
under Section 95 of the IPC and it states that- nothing is an offence because-

1. It causes, or

2. Is intended to cause, or

3. Is known to be likely to cause,

any harm, if that harm is so slight that no person of ordinary sense and temper would complain
of such harm.

Rights of private defence 

The law relating to private defence is discussed under Sections 96 to 106 of the IPC. This is one
right that safeguards an individual and his/her property against the unlawful aggression of
others. It is a right inherent in man, and is based on the cardinal principle that it is the first duty
of man to help himself.

“This right of defence is absolutely necessary. The vigilance of the magistrates can never make
up for the vigilance of each individual on his own behalf. The fear of the law can never restrain
bad men so effectually as the fear of the sum total of individual resistance. Take away this right
and you become, in so doing, the accomplice of all bad men.” – BENTHAM.

To sum it all up, Section 96 asserts that nothing is a crime which is committed in the execution of
the right of private defence.

Top 10 criminals in India

There are several masterminds and gangsters who have caused huge disasters in India. Below is
the list of the top 10 most wanted criminals in India.
 1. Dawood Ibrahim Kaskar,

2. Syed Salahuddin,

3. Sajid Mir,

4. Masood Azhar,

5. Ilyas Kashmiri,

6. Chhota Shakeel,

7. Major Iqbal,

8. Hafeez Muhammad Saeed,

9. Anees Ibrahim,

10. Zaki-Ur-Rehman Lakhvi

Top approaches to control crimes

Generally, it is held that those who break the laws are disobedient and are often recognised as
culprits or criminals. However, such a generalised statement cannot be held to be accurate when
there are great leaders like Mahatma Gandhi or Nelson Mandela who fought against the atrocities
of the governments in India and South Africa and brought change in the community with their
ideologies.

Crimes are a result of social conditions prevalent in society. Bob Roshier (1989) opined that
people, in general, wish to commit a wrong when they have a feeling that they have been
wronged, but due to a general belief of conformity and a number of considerations like loss of
affection, status, finance, and security, they are persuaded to commit wrongs. He also believed
that the fear of punishment or fine also restrains an individual from committing a wrong.

Theorists have pinpointed the following controlling agents of crime and the measures to omit
such a crime thereof:

Family
It is oftentimes noticed that children from failed families, broken homes, or those who have been
brought up by a single parent will generally, but not always, display certain despicable behaviour.
Studies conducted by Morash and Rucker demonstrated that even though it was single-parent
families who had the highest number of deviancies, the same was applicable to decent
households but those belonging to a group of lower income strata. In developed countries, the
government, in order to impede the surging number of delinquents, suggested that such
households must readily enable their children to be adopted by a respectable household to
ensure the safety of their future.

School
The reward and punishment system in schools has been seen to have a great impact on the
school-going youth. A student who fears being disparaged or belittled by fellow classmates
would constantly remain in discipline.

As per the studies of Zingraff, it was inferred that schools do have an impact on motivating
students to obey the legislation.


Religion
People in general, especially in a country like India, are God-fearing and the belief of being
avenged or sent to hell after death has a deterrent consequence on the minds of individuals.
Further, the religious writings, speeches, and behaviours of leaders also have a dominant impact
on the people to a great extent.

For example, in Islam, the supporters are restricted from earning interest on money. This
prevents the following supporters from acting in a way that might lead to financial fraud or even
speculative acts that would lead to economic crime.

Social disparity
Engles, a renowned philosopher, once quoted that just like water will turn into steam after
reaching a certain boiling point, an individual who is demoralised will also tend to become a
criminal at some point of time. An observation has been made that there is an upsurge in crime
rates, which has resulted in creating more impoverished conditions for the needy.

Police
Police are deemed to be a formal agency for the eradication of crimes in society and they are
entrusted with the task to detect, investigate and control crimes. A policeman is also authorised
with the power to file a case against an individual if he suspects him to be guilty. This kind of
power, which is made available to the police, makes them an efficacious, crime-controlling
agent.
Penalties and punishments
Crimes are often controlled by punishing the offender via judicial machinery. Such a punishment
instils fear in the minds of the offenders and further prevents them from committing a crime,
along with creating a deterrent effect on the minds of potential criminal(s). Usually, offenders are
fearful of punishment like capital punishment, imprisonment, or even a fine, which is why most
offenders are fearful of the idea of committing a wrong.

Several social wrongs can be put to sleep, provided the authorities can control the execution of
such activities. For example, a manufacturer who is held liable for disposing of toxic chemicals in
the open can be controlled by holding up his manufacturing licence.

Way forward

The need for reforms in Indian criminal laws

Recently, the Government of India has taken an initiative to amend criminal laws like the IPC, the
CrPC, and the Indian Evidence Act. These laws were enacted during the British period, which
more or less is still similar even in the 21st century, which is why there is a dire need for reforms
in these age-old acts. The key reasons for bringing about a reformation in criminal law are as
follows:

Based on colonial era

The criminal justice system is a replica of the British colonial jurisprudence, which was
formulated with the perspective of ruling the nation and not serving the citizens.

Ineffectiveness
The purpose of criminal laws is to secure the rights of the innocent and penalise evil, but at
present, this system has become a tool of harassment for the common people.

Pendency of cases
According to the Economic Survey of 2018-19, there are around 3,500 crores of cases pending in
the judicial system, especially in the district and subordinate courts, which directs us to the
maxim “justice delayed is justice denied“.

Massive undertrials hostages/detainees

India has a vast number of undertrial prisoners. As per prison statistics from the National Crime
Record Bureau (NCRB) in 2015, around 67.2% of our total prison population consists of
undertrial prisoners.

Investigation
Corruption, huge workload, and accountability of police officers are some of the primary
obstacles to the speedy and transparent delivery of justice.

Thus, looking at the above factors, one can safely say that the age-old criminal laws need to be
revised at the earliest.


Framework of reform
The new reforms in criminal laws may look like this:

Protecting victims
There can be several steps taken to safeguard the rights of victims, namely:

1. Launching victim and witness protection schemes,

2. Use of victim impact statements,

3. Expanded participation of victims in criminal trials, etc.

Creating and revoking offences

An effective justice system must take new types of offences and the revocation of old offences
into consideration.

For instance, criminal liability can be graded to discern the gravity of the offence committed and
thus pass a judgement accordingly.

Streamlining IPC and CrPC

Offences must be classified in a way that they are beneficial for managing crime in the
foreseeable future. For instance, modifications can be made in the IPC wherever several chapters
are overfilled.
Curbing unprincipled criminalisation
There is a need to implement principles that provide a thorough reflection on the criminalisation
of a particular act as a crime. Unprincipled criminalisation not only leads to the creation of new
offences based on unscientific grounds but also causes a sense of arbitrariness in the criminal
justice system.

Basic things to know while pursuing a career in

Criminal Law
Whether it is initiating legal proceedings against lawbreakers, defending those accused of
committing a crime, or engaging in any activity involving criminal laws, the laws related to
crimes always play a pivotal role in our society and in the administration of justice.

No matter if you wish to become a criminal lawyer or enter into another area of practice, the
journey to paving the way towards a successful career in law commences once an individual
enters law school.

Mentioned below are a few things for a student and a lawyer to take note of to have a successful
career in law related to crimes:

Top things a law student must note while studying criminal

laws
As mentioned above, the journey to a successful career in law begins right when an aspiring
lawyer enters law school. Below are some tips for a law student to follow for a triumphant
career:

Special tips
Most of the time, students have been exposed to facets of criminal law via books, television, and
movies. In India, shows like ‘Crime Patrol’ and ‘Savdhaan India’ are some of the most infamous
TV shows. Such shows can be helpful to some degree, but can often be deceiving. This is why, to
gain a better understanding of the real-world practice of criminal law, a law student must do the
following:

Join an internship program

Law students must always take advantage of internships, summer and winter programs to gain
hands-on experience in the field of criminal law.

Visiting the college library

There is a saying that goes like “books are a man’s best friend“, and indeed, a law student can
absorb knowledge straight from the books their libraries have a treasure of!

Build connections

It is highly recommended that law students right from their first start networking and building
connections. Websites like LinkedIn, AngelList, etc., can come in quite handy for this.

A law student can simply reach out to his/her law school alumni, seek professional help, and
receive mentorship from individuals who are experts in this field via connections. 

Top books to refer to for a law student

Usually, bare acts are the most preferred instrument for gaining legal knowledge in law schools.
However, there are certain times when one needs an explanation or an in-depth analysis of a
particular topic. Below is a list of books a law student can use to gain knowledge in the field of
criminal law:

For the Criminal Procedure Code

1. Code of Criminal Procedure, 1973 by Durga Das Basu.

2. The Code of Criminal Procedure – As Amended By The Criminal Law (Amendment) Act, 2013
by Ratan Lal and Dhirajlal.

3. The Code of Criminal Procedure by SC Sarkar, PC Sarkar and Sudipto Sarkar

For the Evidence Act

1. Textbook on the Indian Evidence Act by KD Gaur.

2. The Evidence Act by Dr. V. Nageshwara Rao.

3. Indian Evidence Act by C. Jamnadas.

For the Indian Penal Code

1. The Indian Penal Code by Ratan Lal and Dhirajlal.

2. The Indian Penal Code by Ratan Lal and Dhirajlal (student edition).

3. Indian Penal Code by RA Nelson.

Top things a lawyer must note while studying criminal laws
Charles Dickens once stated, “If there were no bad people, there would be no good lawyers,” and
the statement is as true as it can be!

A criminal lawyer deals with the law of crimes, mostly to defend and represent an accused in a
lawsuit, and sometimes the state.

Below are some tips for a lawyer to follow for a triumphant legal career:

Special tips

Gain effective practical training

Criminal law is a fast-paced area of practice and thus needs proper practical training before
he/she decides to work separately, i.e., without any seniors.

Be able to work under pressure

To become a flourishing criminal lawyer, it is essential that the lawyer is able to work under
pressure and is able to think on his feet when in such circumstances.

Be able to act upon any given piece of information or evidence quickly

Criminal law needs a lot of research and evidence gathering; hence, one must be able to deal
with information or evidence promptly.

Job opportunities for an individual studying criminal law

There are several job opportunities available to a criminal lawyer, namely:

1. Government advocate,

2. Government pleader,

3. Criminal law practitioner,

4. Lecturer, etc.

Top books to refer to for a criminal lawyer

Some of the best books on criminal law for beginners and law students are as follows:

1. Get a Running Start: Your Comprehensive Guide to the First Year Curriculum, 1st Edition by
David Gray, Donald Gifford, Mark Graber, William Richman, David Super, Michael Van Alstine.

2. Investigative Criminal Procedure in Focus by Todd A. Berger.

3. International and Transnational Criminal Law by David Luban (Author), Julie R. O’Sullivan,
David P. Stewart, Neha Jain.

4. The Decision-Making Network: An Introduction to Criminal Justice, 2nd Edition by Risdon N.

Slate, Patrick R. Anderson, Lisa M. Carter.

5. A Short & Happy Guide to Criminal Law (Short & Happy Guides) 2nd Edition by Joseph
Kennedy.

6. Siegel’s Criminal Law: Essay and Multiple-Choice Questions and Answers, 5th Edition by Brian
N. Siegel, Lazar Emanuel, Steven Chanenson.


Top websites to refer to for anyone willing to build a career in

Criminal Law
Below is a list of several websites and blogs for a law student or a lawyer or anyone who has an
interest in gaining insights on law can refer to:

iPleaders blog
iPleaders, one of India’s largest blogs for anyone who has an interest in the field of law. An
individual can write and submit posts for publication on any legal issue, share their legal insights,
and ask for and receive answers on legal issues here.

LiveLaw
LiveLaw is a website that covers news related to Indian legalities and legalisation, law firms, and
law schools, inter alia. It also publishes opinions on the latest developments in the field of law.

Bar and Bench

Bar and Bench is a widespread news and analysis portal for the legal fraternity in India. It has
several posts on news information, interviews, and columns covering a lot of legal spectrums.

Indian Kanoon
Indian Kanoon is an Indian law search engine. It has been connected to all the courts and
tribunals across India for delivering up-to-date judgements.
SCC Online
Their tagline incorporates “we are the industry leaders in legal research” and they are well-
known for building authentic and reliable legal information.

Manupatra
Manupatra is one of the leading providers of Indian databases for online legal research. It is an
amazing tool for legal research, especially for law students, legal professionals, etc.

Conclusion
As stated above, a country like India has numerous laws for the administration of justice under
the criminal justice system. The criminal laws in India are quite intricately designed and are very
sophisticated. Indian criminal laws have numerous laws surrounding distinct crimes and
penalties. It also encompasses the procedures in which the trials in the cases should be
conducted; the method of carrying out an investigation; and how to go ahead with the evidence
discovered.

A strong criminal law framework is crucial for averting wrongdoers from committing a wrong and
also for making the justice system uncomplicated, reasonable, and quick.

Frequently Asked Questions (FAQs)

How many types of criminal laws are currently present in

India?
In India, laws are predominantly divided into three parts, namely:

1. The Indian Penal Code, 1860;

2. The Code of Criminal Procedure Code, 1973; and

3. The Indian Evidence Act, 1872.

Apart from these major acts, there are several other minor acts, as discussed above.

Who drafted the Indian Penal Code and when?

The Indian Penal Code was drafted in 1860 on the suggestions of the First Law Commission of
India, established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas
Babington Macaulay. It came into effect in the early British Raj period, around 1862.

What are the most recent amends to the criminal laws?

The Criminal Law (Amendment) Bill, 2018 is one of the latest amendments to criminal laws.

References
Book on Criminology by Pritha Dave, C. Jamnadas & Co. (2021 edition)

Book on The Indian Penal Code by N.H. Jhabvala, C. Jamnadas & Co. (2019 edition)

Book on The Criminal Procedure Code by N.H. Jhabvala, C. Jamnadas & Co. (2021 edition)

Book by LawSikho on criminal law for LL.M. entrance exam

https://www.lloydlawcollege.edu.in/blog/criminal-law.html

https://legodesk.com/legopedia/criminal-law-in-india/

https://vikaspedia.in/social-welfare/women-and-child-development/women-development-
1/legal-awareness-for-women/criminal-law-and-women

https://www.toppr.com/guides/legal-aptitude/indian-penal-code/codification-of-law-of-crime-
in-india

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