Skip to content
Home » Blog » India’s Criminal Laws: An Assessment of their Efficiency and Effectiveness

India’s Criminal Laws: An Assessment of their Efficiency and Effectiveness

    Criminal activity, in some form or another, is present in every society we know of. Absolutely no one goes through life without having their morals violated in some way. We must, therefore, pronounce crime obligatory and proclaim that it cannot be non-existent, that the fundamental circumstances of social organisation, as they are understood, logically necessitate it.

    As long as there is a society, there will be criminal laws to punish those who commit crimes. With only two words, “criminal law” covers a wide range of legislation. All criminal statutes exist to ensure that the guilty are punished and that the victim receives compensation through the judicial system. One definition of criminal law is the body of laws responsible for prosecuting and punishing offenders who have committed crimes like theft, murder, sexual abuse, threatening, etc.

    We need strict laws and best criminal lawyers in Chandigarh to curb and deter such activities, keeping our society crime-free and making it healthy, as crime rates are rising rapidly in India. As a result, in this blog, we’ll examine the foundations of criminal law as well as all the statutes passed to protect the public from lawbreakers.

    Difference Between Civil Law and Criminal law 

    Civil Law: Civil law is a general body of law that addresses issues on an individual or corporate level. The primary purpose of civil law is to protect an individual’s or organization’s rights. It ensures that a person’s wrongdoings are rectified and that the victim is exonerated of responsibility. The role of civil litigation is to compensate the plaintiff for the injury/damage caused. In civil law, individuals and organisations settle their disputes through monetary compensation. In addition, civil law does not provide for penalties as severe as those found in criminal law.

    Criminal Law: Civil law is a general body of law that addresses issues on an individual or corporate level. The primary purpose of civil law is to protect an individual’s or organization’s rights. It ensures that a person’s wrongdoings are rectified and that the victim is exonerated of responsibility. The role of civil litigation is to compensate the plaintiff for the injury/damage caused. In civil law, individuals and organisations settle their disputes through monetary compensation. In addition, civil law does not provide for penalties as severe as those found in criminal law. Criminal cases frequently involve civil litigation, and civil lawyers in Chandigarh play an important role in victim advocacy and the administration of justice.

    Criminal Laws In India

    The following is a list of the principal criminal laws that apply in India:

    1. IPC Sections – Indian Penal Code 1860 Sections

    The Indian Penal Code (IPC) is the fundamental criminal code of India that defines crimes and provides punishments for practically all sorts of criminal and actionable wrongs. The Indian Penal Code (IPC) is a comprehensive statute that includes all the substantive areas of criminal law, from disturbance at public places to murder, rape, dacoity, etc. It applies to the entirety of India, with the exception of the states of Jammu and Kashmir.

    Brief History of IPC

    The IPC came into being in 1860 on recommendations of the first law commission of India created in 1834 under the Charter Act of 1833. On January 1, 1862, the Code took effect across British India, with the exception of the princely kingdoms, which maintained their own judicial and legal systems until the 1940s.

    When India and Pakistan became independent, they both embraced the Code. The Ranbir Criminal Code applied in Jammu and Kashmir is likewise based on this Code. The law applies to all Indian nationals. Since then, the IPC has undergone a number of amendments and has been augmented by a wide range of other criminal statutes. As it stands, the IPC is broken down into 23 chapters and comprises a total of 511 sections.

    2. Criminal Procedure Code

    Police forces across the nation invoked section 144 of the Criminal Code to quell nationwide protests against the Citizenship Amendment Act.

    Commonly referred to as the Criminal Procedure Code (CrPC), it is the primary statute governing procedural aspects of criminal law. It also contains provisions that are not strictly procedural, such as those pertaining to nuisance prevention (Section 133) and maintenance of wife and children (Section 134). (Sections 125-128). The Code is comprised of 484 sections distributed across 37 chapters, in addition to 2 schedules and 56 forms.

    Criminal Procedure Code – CrPC

    After the rebellion of 1857, the British crown assumed control of India’s administration, and in 1861, the Criminal Procedure Code was enacted.

    The law of 1861 granted European natives immunity from criminal court jurisdiction, with the exception of the Supreme Court.

    In 1872, 1882, and 1898, the code was revised to ensure uniform application to British and Indian subjects.

    The legacy of British India lasted until the 1973 implementation of the present Code.

    What is CrPC Section 144?

    Section 144 of the Criminal Procedure Code is frequently invoked to prohibit gatherings of four or more people or to order mobile phone companies to block voice, SMS, and Internet communications in one or more geographic areas.

    No order issued under Section 144 may remain in effect beyond two months from the date of issuance.

    This may be extended by the state government for no more than six months.

    In 1861, the British Raj utilised Section 144 for the first time. Since then, the colonial government has used it to suppress all nationalist demonstrations during the struggle for independence.

    A violation of Section 144 is punishable by up to three years in prison.

    3. The Indian Evidence Act, 1872

    This law governs the rules and practises governing the admissibility and application of evidence in legal proceedings. These standards describe the kind of evidence that a jury or judge may consider in court. A challenge to the admissibility of such facts may be based on hearsay, illegally obtained evidence, or a legal presumption that the evidence in question cannot be presented in court.

    Section 3 of the Indian Evidence Act of 1872 states:

    The term “evidence” includes the following elements:

    Oral evidence refers to all statements made before the court by witnesses regarding matters of fact under investigation that the court permits or requires.

    Documentary evidence refers to all documents (including electronic records) presented for Court inspection.

    In Kalyan Kumar Gogoi v. Ashutosh Agnihotri and Others, 2011 Indian Reports (AIR)

    The Supreme Court made the following observations regarding evidence: 

    the word “evidence” has been used in common parlance in three different senses: as proof, as evidence, and as evidence.

     Equivalent to relevant,

     As equivalent to proof, and

    As equivalent to the material, based on which Courts conclude the existence or non-existence of disputed facts.

    Wrap Up!

    Looking for legal assistance in Chandigarh?  SL Legal Services firm is a premier law firm that provides comprehensive legal services and solutions. SL Legal Services firm clients before all levels of Indian courts, including tribunal courts, high courts, and the supreme court of India, utilising a team of seasoned lawyers and a pan-Indian network.

    SL Legal services firm serves a diverse clientele, including national and international financial institutions, real estate firms, educational institutions, enterprises, and public sector organisations (PSUs). Our criminal lawyers in Chandigarh high court provides the knowledge and experience to handle all of your legal issues, including marital disputes, corporate litigation, criminal matters, real estate disputes, white-collar offences, and writ remedies.

    Choose SL Legal Services firm for personalized and effective legal services that will assist you overcome any legal difficulty.

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    Disclaimer:

    The regulations of the Bar Council of India prohibit law firms from advertising and soliciting work via public domain communication. The website is intended solely for informational purposes and not for advertising purposes. The user agrees to the following terms: