Criminal law in India is a crucial facet of the legal system, designed to address offenses against the state and individuals, and to ensure justice for victims while safeguarding the rights of the accused. It is governed primarily by the Indian Penal Code (IPC), 1860, which outlines various criminal offenses and their corresponding punishments, and the Code of Criminal Procedure (CrPC), 1973, which provides the procedure for the investigation and trial of criminal cases. Additionally, special statutes such as the Narcotic Drugs and Psychotropic Substances Act, 1985, the Protection of Human Rights Act, 1993, and others address specific types of offenses.
Introduction to Criminal Laws in India
Criminal law in India serves as the bedrock of maintaining public order and upholding the rule of law. The IPC defines a wide range of offenses, including murder, theft, and assault, and prescribes the punishments for these offenses. The CrPC outlines the procedural aspects of criminal justice, including the investigation, arrest, and trial processes. Indian criminal law aims to balance the need for social order with the protection of individual rights, ensuring that justice is both served and perceived to be served.
Current Criminal Law Disputes
Criminal law disputes in India are often characterized by debates over the balance between law enforcement and individual rights. Key issues include:
Human Rights and Torture - Allegations of police brutality and torture during interrogation are a significant concern. There are ongoing debates about the adequacy of safeguards against such practices and the need for reforms to ensure humane treatment of detainees.
Death Penalty - The use of the death penalty remains a contentious issue. While the Supreme Court has upheld its constitutionality under certain circumstances, debates continue over its effectiveness, morality, and the possibility of wrongful convictions.
Bail and Detention - The rights of accused persons, particularly concerning pre-trial detention and bail, are frequently contested. The challenge is to balance the presumption of innocence with the need to prevent potential interference with the investigation or risk to public safety.
Gender-Based Violence - The handling of cases related to sexual offenses and domestic violence has sparked significant discussion. Ensuring prompt and fair justice for survivors while addressing systemic issues in the legal process is an ongoing concern.
Hate Speech and Sedition - The interpretation and application of laws concerning hate speech and sedition are subjects of debate, particularly in relation to freedom of speech and expression.
Landmark Cases on the Rights of Criminals
Several landmark Supreme Court cases have shaped the understanding of criminal law in India, especially regarding the rights of accused individuals:
Maneka Gandhi v. Union of India (1978) - This case was instrumental in expanding the scope of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Supreme Court held that any procedure depriving a person of their liberty must be "reasonable, fair, and just," thereby setting a higher standard for the protection of individual rights.
D.K. Basu v. State of West Bengal (1997) - In this case, the Supreme Court laid down guidelines to prevent custodial torture and ensure the protection of detainees’ rights. The Court’s directives included mandatory procedures for recording arrests and providing information to family members, enhancing transparency and accountability in law enforcement.
K. K. Verma v. State of Uttar Pradesh (2020) - This case addressed the issue of the right to a fair trial and timely justice. The Supreme Court emphasized the necessity of ensuring that the accused’s right to a fair trial is upheld, and that delays in the judicial process do not infringe upon these rights.
Vikram Singh v. State of Punjab (2017) - The Supreme Court reaffirmed the principle that the death penalty should be applied only in the "rarest of rare" cases. This case highlighted the need for a rigorous review of death penalty sentences to prevent potential miscarriages of justice.
Selvi v. State of Karnataka (2010) - This landmark decision addressed the admissibility of evidence obtained through narco-analysis, polygraph, and brain-mapping tests. The Court ruled that such evidence is not admissible if it is obtained under coercion, reinforcing the protection of the accused against self-incrimination.
These cases reflect the evolving nature of criminal law in India, emphasizing the importance of safeguarding individual rights while ensuring justice and public safety. As legal and societal contexts continue to change, these precedents will guide the ongoing development of criminal jurisprudence in the country.
NO, the police authorities cannot refuse to file an FIR. If
the police refuse to file an FIR
without compelling cause, a complaint can be filed with a higher-ranking
authority in the
hierarchy, such as the concerned Commissioner of Police. According to
criminal law, the
police must file a FIR for all cognisable offences. If the application to the
Superintendent of
Police does not result in a satisfactory resolution, a complaint under Section
156(3) of the
CrPC can be made with a judicial magistrate. The magistrate will investigate
the reliability of
the accusation and, if satisfied, will direct the police to file a FIR.
An person who has been accused of a crime and who has been
arrested in connection
with the case has the right to a trial that is expedient, thorough, and fair.
According to the
principles of criminal law, delayed justice amounts to a denial of the same.
The individual being arrested have the protection of the
following rights.
1. Right to the knowledge of the grounds for the arrest.
2. Right to inform their family and acquaintances of the event of the arrest.
3. Right to a lawyer for the representation of their interests in the court of
law.
4.Right to free legal aid in the case of an inability, on the part of the
accused, to avail legal counsel.
5. Right to seek release from arrest through bail.
6. Right to remain silent.
7. Right to be expediently produced before a judge.
8. Right to seek inspection by the Medical examiner.
In the context of criminal law, a cognisable offence is one
for which a police officer is
empowered, under the First Schedule of the IPC (Indian Penal Code), to lodge a
FIR, arrest
without a warrant, and begin investigations even in the absence of a court
order. Murder,
theft, kidnapping, rape, and dowry deaths are examples of cognisable offences.
In general,
such offences are serious and frequently result in a sentence of three years or
more. They
might be both bailable and non-bailable.
In contrast, a non-cognizable offence under criminal law is
one in which the police lack the
authority to register a FIR, make an arrest, or commence an investigation
without the
availability of a warrant obtained with the express approval of the court.
These are
considered minor offences. This category includes instances of intimidation,
non-lethal
scuffles, individual abuse, fraud, forgery, negligence, stalking, and the like.
The provision for anticipatory bail is addressed under
Section 438 of the CrPC.
In the event that an individual is afraid of being arrested because of their
involvement in a
non-bailable crime, they can apply for anticipatory bail even before the
relevant FIR is filed.
The only consideration is that the grounds for fear of such an occurrence must
be proved as
rational or obvious.
As per Cr. PC, Police Station is required to record an abstract of such complaint in the General Diary and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court. A copy of the entry made in the General Diary may be provided to the complainant free of cost.
yes, definitely. As per Criminal Procedure Code (Cr.PC) it is mandatory on the part of police to provide a copy of the FIR, free of cost to the complainant.
What is a Bailable offence and Non-Bailable offences ?
Police is empowered to arrest a person when it
is satisfied that doing so is essential in order to prevent occurrence of a
cognizable offence example Sec 107/151 Crpc. Police can also make
preventive arrests under special Laws
Arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest. Chapter V and Section 35 to 62 of BNSS 2024, deals with Arrest of Persons. o As per section 35 (1) of BNSS, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
▪ who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
▪ who has in his possession of any implement of house breaking; or ▪ who has been proclaimed as an offender or
▪ in whose possession anything is found which may reasonably be suspected to be stolen property; or
▪ who obstructs a police officer while in the execution of his lawful duty, or who has escaped, or attempts to escape, from lawful custody; ▪ Reasonably suspected of being a deserter from any of the Armed Forces.
▪ As per Section 39 of BNSS., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.
▪ As per Section 47 of BNSS, person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.
▪ As per Section 51 of BNSS, when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of subinspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
▪ When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. As per Section 57 of BNSS, A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in-charge of a police station.
▪ As per Section 58 of BNSS, No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187 of BNSS, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
As per Section 170 of BNSS., a person can also be arrested to prevent commission of cognizable offences
Multiple considerations have been introduced through several sections for first-time offenders including: ▪ Introducing non-custodial punishment such as community service, and counselling for eligible individuals, fostering personal growth and societal reintegration through the legal framework. ▪ First-time offenders are to be given relaxed punishment (one-fourth and one-sixth of stipulated punishment) in plea bargaining. ▪ First time under-trial offender is given statutory bail after completion of one-third period of the maximum punishment prescribed.
The introduction of community service for minor offences marks a groundbreaking approach in India’s legal system. Minor Offences include: ▪ Involvement of public servants in illegal trade. ▪ Non-appearance in response to a proclamation. ▪ Attempt to commit suicide to influence legal authority. ▪ First conviction of petty theft involving property valued below ₹5,000. ▪ Public misconduct by a drunken person. ▪ Defamation
Community service can be awarded for the benefit of various groups in need, including children, the elderly, people with disabilities, and language learners. Additionally, it can be used to provide help to animals in shelters or can contribute to the improvement of public places such as local parks, historic sites, scenic areas, and more.
Section 105 of BNSS 2023 introduces procedures for videography of search and seizure, including preparing lists of seized items and witness signatures. The records are presented immediately before magistrates to ensure transparency in evidence collection and discouraging fabrication of evidence. ▪ The new laws retain provisions for mandatory videography of police statements and audio-video recordings for vulnerable victims with physical or mental disabilities.
The institutionalization of Zero-FIRs and the introduction of e-FIRs enhance accessibility, allowing victims to report crime anywhere irrespective of the crime location. ▪ It grants victims the authority to obtain a free copy of the FIR. The law also provides obligatory measures to keep victims informed about the progress of investigations within 90 days. ▪ It also incorporates provisions dedicated to providing victims with crucial information at various stages of investigation and trial.
Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 mandates every State Government under Section 398 to prepare and notify a Witness Protection Scheme (WPS) to shield witnesses from threats and intimidation.
▪ Stringent Punishment for Offenders: Enhanced punishment for offenders involved in heinous acts against women and children. ▪ Victim-centric Approach: New provisions ensure victims are heard before withdrawal of any case, thus recognizing them as stakeholders in the legal process. ▪ Section 95 of BNS penalises the exploitation of children, punishing those who hire/engage/ employ children for criminal activities. ▪ Gender Neutrality and e-FIR: Various offences against woman and child have been made gender neutral in terms of both the victim and the perpetrator
▪ While making an arrest of a woman, the police officer cannot touch her arrest unless the police officer is a female. ▪ No arrest after sunset and before sunrise. ▪ Whenever it is necessary to cause a female to be searched, the same shall be done by another female. ▪ Medical examination of a female is to be examined it has to be done only by or under the supervision of a female registered medical practitioner. ▪ Statements of a woman is to be recorded by a woman magistrate, and in her absence, by a male magistrate in the presence of a woman. ▪ Statements of a woman is to be recorded by a woman magistrate, and in her absence, by a male magistrate in the presence of a woman. ▪ Immediate treatment of women victims, free of cost.
Safeguards against misuse: The new laws incorporate safeguards to prevent misuse of power, emphasising accountability and transparency in law enforcement actions, instilling confidence in the justice system.
➢ Transparency and accountability: The new provision for audio-video recording of search and seizure operations ensures transparency, fostering police accountability and safeguarding individual rights.
➢ Accessibility and convenience: Introduction of e-FIR provision enhances accessibility, allows individuals to lodge complaints from anywhere, thereby reducing barriers and ensuring timely legal remedies.
➢ Preserving personal liberty: The provisions requiring unnecessary arrests have been removed. The denial of bail only on the ground of extended police custody beyond first 15 days is not allowed.
➢ Jurisdictional flexibility: Provision of Zero FIR eliminates jurisdictional constraints, enabling individuals to file complaints at any police station, thereby expediting the legal process and improving citizen-friendliness.
➢ Oversight mechanisms and accountability: Strict oversight mechanisms, including mandatory recording of arrests and of evidence collection, act as preventive measures against potential police excesses, ensuring adherence to legal procedures and protection of citizens.
➢ Protection of fundamental rights: The laws prioritise the protection of fundamental rights, including the right to free speech and to assemble peacfully allaying concerns of arbitrary suppression of dissent.
Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 lays down the procedure when investigation is not completed within 24-hours. The period of police custody is restricted to 15 days like before. Under BNSS, police custody may be taken in parts or in whole within a period of 40/60 days out of the total period of 60/90 days as applicable. The court’s discretion in granting police custody is retained as earlier. Further, police custody beyond the first 15 days shall not be an impediment to grant bail to the accused, if he is otherwise eligible for bail.
You have two options: a. BY COMPOUNDING By appearing and applying in writing before the compounding authority and depositing the notified amount. b. IN THE COURT You have the choice for disposal in the Court having jurisdiction.
Yes, Criminal court have to declare judgments within 45 days post the trial's conclusion.
