Criminal Law in India
Indian criminal law is the law relating to criminal conduct in India.
Divisions
Indian criminal laws are divided into three major acts, i.e., Indian Penal Code, 1860,[1] Code of Criminal Procedure, 1973,[2] and Indian Evidence Act, 1872.[3] The Indian Penal Code is a substantive law[4] that defines rights and duties, etc. The Code of Criminal Procedure defines the rules by which substantive laws can be enforced. Besides these major acts, special criminal laws are also passed by the Indian Parliament, i.e., the Narcotic Drugs and Psychotropic Substances Act, 1985, the Prevention of Corruption Act, 1988, the Food Adulteration Act, the Dowry Prohibition Act, the Defence of India Act, etc. Thousands of minor laws are made in India.
History
The Indian Penal Code, formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.[citation needed]
The Indian Penal Code was drafted by the first law commission under the chairmanship of Lord Macaulay in 1837. Jurists, judges, and professors made revisions in 1850, presented it to the legislative council in 1856, passed it in 1860, and enforced it in 1862.[5] Lord Macaulay issued clarification for the people of India for implementation of this code, because people were of the view that the rule of capital punishment would be misused against them.[citation needed] Furthermore, citizens were against foreign rule over Indian people. The Indian Penal Code has been praised as far-sighted and a masterpiece of law, with almost all kinds of crimes that can be committed by a human being included in it. It has been thoroughly embedded in the Indian conscience[5]
Issues with IPC[5]
- Colonial ideas prevail in the code.
- Some laws do not reflect the aspirations of India's liberal Constitution.
- It does not recognize the individual agency of citizens of free India.
- Too many laws promote patriarchal attitudes and are biased against women.
- Sedition laws are misused by the state.
- Tech crimes, cyber crimes, and sexual offences need to be defined.
- There is a risk of excessive policing, which leads to harassment of people.
- There is a need to harmonise statute books with court rulings, which have often expanded the rights of people.
- Accused people are burdened with institutional delay.
- According to the Malimath Committee report, it weighed in favour of the accused and did not adequately focus on justice to the victims of crime.
- Some provisions are disadvantageous for the underprivileged, who are trapped in jail for long, but favour the powerful, who get bail very easily.
- In some cases, such as lynching, the maximum sentence or fine is not mentioned, and there is judges' discretion, etc., so the punishment may vary according to different circumstances.
- Adhering to the CrPC may be too complex and slow, which needs to be amended before amending the IPC.
- The influence of media trials on the judiciary while using the IPC.
Recent Progress
The Malimath Committee had faced criticism for its drawbacks, notably that the standard of evidence be reduced from “beyond reasonable doubt” to “clear and convincing”.[6][7] In the winter session of parliament, Minister of State for Home Affairs Ajay Kumar Mishra said the committee had been constituted under the chairpersonship of the Vice Chancellor, National Law University, Delhi, to suggest reforms in the criminal laws.[citation needed] He further said that the suggestions that would be received and the report of the committee would be examined by the Ministry of Home Affairs in consultation with all stakeholders.[8]
References
- ↑ Indian Penal Code, 1860
- ↑ Code of Criminal Procedure, 1973
- ↑ Indian Evidence Act, 1872
- ↑ "Substantive Law". Indian Kanoon.
- ↑ 5.0 5.1 5.2 Perspective : 160 years of Indian Penal Code | 01 January, 2022, retrieved 2022-01-02
- ↑ Deepalakshmi, K. (2018-01-17). "The Malimath Committee's recommendations on reforms in the criminal justice system in 20 points". The Hindu. ISSN 0971-751X. Retrieved 2022-01-02.
- ↑ "Reform with caution: On criminal laws reform". The Hindu. 2020-07-11. ISSN 0971-751X. Retrieved 2022-01-02.
- ↑ "Centre Has Set Up Panel To Reform Criminal Laws: Junior Home Minister". NDTV.com. Retrieved 2022-01-02.
- Kelkars, R.V. (2014). R.V. Kelkar's Criminal Procedure (6th ed.). Lucknow: Eastern Book Company. ISBN 978-93-5145-228-7. Search this book on
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