Criminal Law in India

Five objectives are widely accepted for enforcement of the criminal law by punishments.

Objectives of Criminal Law

Five objectives are widely accepted for enforcement of the criminal law by punishments:

  1. Retribution
  2. Deterrence
  3. Incapacitation
  4. Rehabilitation
  5. Restoration

These objective vary across jurisdictions.

1. Retribution

This theory basically deals with 'righting of balance'. If a criminal has done a wrong towards a person or property he needs to be given a penalty in a manner which balances out the wrong done. For example, if a person has committed murder, he can be delivered capital punishment to balance out the suffering caused to the victim and his or her family.

2. Deterrence

Deterrence serves as a major tool in maintaining the general law and order in the society, especially from the perspective of Crime. Criminal acts are penalized so as to deter individuals from repeating it or even entering into it in the first place.

3. Incapacitation

The objective of this theory is to segregate the criminals from the rest of the society. For the crimes committed, they suffer a kind of banishment by staying in prisons and in some cases they are also subject to capital punishment.

4. Rehabilitation

Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.

5. Restoration

This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, i.e., returning the victim to his or her original position before the injury.

What is Criminal Law?

The purpose of Criminal Law in India is:

  1. To define a variety of crimes e.g. theft, cheating, murder, etc.
  2. To prescribe appropriate punishment for each crime e.g. imprisonment or fine.
  3. To lay down suitable investigation and trial procedures.

Sources of Criminal Law

There are several legislations dealing with Criminal Law. However, two important sources are:

  • The Indian Penal Code, 1860, which defines various crimes such as murder, theft, etc.
  • Code of Criminal Procedure, 1973, which lays down the procedure for both the police to investigate crimes and for trial of offences.

In addition, the following legislations are important:

  • The Indian Evidence Act, 1872, which stipulates the kind of evidence admissible in court.
  • Special Criminal Laws passed by the Parliament or State Legislatures such as the Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, Commission of Sati Act etc. Each of these laws defines crimes that are in addition to those defined under the IPC.

Crimes under the Special and Local Laws

Certain acts are to be considered criminal acts even when they are not to be found in IPC. This is because they have been identified as crimes in Special and Local Laws.

  1. Arms Act, 1959
  2. Narcotic Drugs & Psychotropic Substances Act, 1985
  3. Gambling Act, 1867
  4. Excise Act, 1944
  5. Prohibition Act
  6. Explosives & Explosive substances Act, 1884 & 1908
  7. Immoral Traffic (Prevention) Act, 1956
  8. Railways Act, 1989
  9. Registration of Foreigners Act, 1930
  10. Protection of Civil Rights Act, 1955
  11. Indian Passport Act, 1967
  12. Essential Commodities Act, 1955
  13. Terrorist & Disruptive Activities Act
  14. Antiquities & Art Treasures Act, 1972
  15. Dowry Prohibition Act, 1961
  16. Child Marriage Restraint Act, 1929
  17. Indecent Representation of women (Prohibition Act, 1986)
  18. Copyright Act, 1957
  19. Sati Prevention Act,1987
  20. SC/ST (Prevention of Atrocities) Act,1989
  21. Forest Act, 1927
  22. Other crimes (not specified above) under Special and Local Laws including Cyber Laws under Information Technology Act (IT), 2000.