Basics Of Criminal Law: A Comprehensive Guide

Sonal Rai

Innovative Institute of Law, Greater Noida

It has been written by Sonal Rai, a second-year law student of Innovative Institute of Law, Greater Noida.

Introduction to Criminal Law

Criminal law is the body of law which defines criminal offences and the punishments associated with it. It is a regulatory framework of laws which set up the apprehension, charges to be levied, trial of offenders, fixed penalties and modes of treatment to convicts and suspects. This branch of law encapsulates wide range of offences that harm the society at large from minor crimes like theft to serious offences like murder and rape. Criminal law system varies from jurisdictions to jurisdictions example in India, it was introduced by the introduction of IPC in 1860 whereas in International system, it is shaped by global concerns for crimes through conventions and treatises across world economies. Understanding the scope and purpose of criminal law in national as well as international prospects would help to delve deeper into it to secure right, liberties and provide justice through legal understanding.

Definition & Scope

What is Crime?

Crime is an immoral act or antisocial conduct which is forbidden in the eyes of public and punishable under law. Therefore, any activity which causes harm in physical or mental means causes crime.

Edwin H. Sutherland – “A crime is a behavior which is prohibited by the state as an injury to the state and against which the state may take legal action.”

Donald Taft – “Crime is a social injury and an expression of social maladjustment.”

Purpose

Criminal laws of the state provides a framework for the individual living in the society to follow to maintain law and order to protect society for setting up rules and procedures and establish consequences to provide justice to the victims of crime by punishing the guilty persons who have committed such offences.

Its main purpose is to keep people safe and protect them by punishing those who intent to cause harm to people and their belongings through actions like theft, assault and vandalism. It deters crime because of the consequences attached to the wrongful act which can be fine and imprisonment for a certain period of time. The criminal laws also aim to rehabilitate these offenders by giving them ample time to change their behavior to reach a safer surrounding for humans to live in.

Nature and Scope

The scope of criminal law is vast as it requires roles of government officials, police officers, judicial officers and enforcement bodies at all levels of hierarchy in the legal system. It creates a balance in the society between rights and liberties and its violation. Criminal law is crucial subject in the field law which is dynamic in nature and constantly evolving with changing world of technological advancements. Criminal laws are applicable equally to all the citizens and every individual of that particular nation or state regardless of any status or class. It is a procedural process which involves police conduct, appeals, rights of accused, trial fairness.

Historical Background

The Criminal laws in India follows the legal procedures established by the Britishers during the pre-independence era. They according to English laws, dominated the criminal legal system as well as justice system. The Regulation Act of 1733 established the Supreme Court of Calcutta as the first remarkable milestone in the Indian Justice system. The Hindu Dharmashastras texts were interpreted by Pandits in the British Courts to aid British judges in applying these rules to the hindus to expand their rule in India. This was the initial phase which continued till 1864. After the first war of independence in 1857, the East India Company’s rule came to an end and powers were given in the hands of British Crown. IPC (Indian Penal Code) was passed in 1860 prescribing offences and their punishments. It was introduced by first Law Commission of India. The Supreme Court of Calcutta, Bombay and Madras were abolished after the enactment of Indian Supreme Court Act, 1861. The Code of Criminal Procedure (CrPC) was passed in the year 1861 which standardized the process of arrest, investigation, trials, appeals and sentencing to ensure uniformity in the legal proceedings. Establishment of High Courts Act 1865 which allowed establishing high courts in major provinces for the enhancement of Judiciary. Indian Evidence Act 1872 defines admissibility of evidence in a trial and the rules laid down to be followed for presenting evidence. Several amendments were made in IPC, CrPC and Indian Evidence Act to to ensure fairness and more reliable outcomes. However, amendments were made and the legal precedents are kept as records which are still relevant in upcoming cases of crime.

Fundamentals of Criminal Laws

Elements of Crime

1. Actus reus

2. Mens rea

Actus reus means the action or misaction being done by a person which eventually harms the other person. Mens rea is the mental element or intent behind such action which lead to action being done. When actus reus and mens rea occur simultaneously, it constitutes crime. Causation and harm can also be essential element of crime to prove factual evidence and legal action to prove conviction.

Classification of Crimes

Crimes can be classified into various categories on the basis of nature and severity. The classification is done according to its nature and the degree of harm done in such offence. Some of the categories are:

Misdemeanors (Petty Crimes) – the crimes which are petty in nature and causes little harm comes under this category like minor theft, chain snatching, shoplifting and vandalism. These are less serious crimes and are subjected to fines or short term jail term.

Felonies (Serious Crimes) – the crimes which are severe in nature and causes serious harm comes under this category like murder, robbery, extortion and arson. These crimes are often resulted in fines and longer sentences in jail.

Violent crimes – crimes include murder, rape, domestic violence, assault.

Property crimes – trespass, major theft, vandalism, etc.

White Collar crimes – fraud, bribery, embezzlement, insider trading, counterfeiting, money laundering, etc.

Some of the other crimes include cybercrimes, identity theft, drug-related crimes, terrorism, organized crimes, environmental crimes, etc. There are vast categories of crimes in India as well as other countries for which there are designated punishments and trial processes already established in the laws.

CRIMINAL LAWS IN INDIA

Sources of criminal laws in India

IPC (1860) – India followed codified set of laws in criminal system. IPC is the primary criminal code which defines crimes and their penalties. It covers a wide range of offences from minor to severe and depending on the severity of crimes, punishments can range from fine or compensations to life imprisonment or death sentence.

Code of Criminal Procedure (CrPC) 1973 – It describes the legal procedures to be followed detailing about how criminal trials are conducted. It outlines the role of police, investigators, the judiciary and other authorities on what process to follow in the trial proceedings of the accused. It ensures that rights of the accused are not violated leading to right to fair trial and adequate legal representation.

Indian Evidence Act, 1872 – It governs the admissibility of evidence in criminal case to ensure that only reliable and relevant evidences are presented in the court. It examines the kinds of evidences and witnesses to be used in order to prove guilt or innocence of the accused.

Key provisions in the IPC

1. Offences against the State (Section 121-130)

The offences which disturbs the public law and order like waging a war against the government of India. This can be any act like terrorism, acts of rebellion, or any organized acts of crime to overthrow the government and cause ruckus in the state. The offenses include treason, waging war, sedition, rioting, assaulting high officials, rebellion, etc.

2. Offences against Public Tranquility (Sections 141-160)

The offences which harms the general public and disturbs the peace and order is defined in these sections. The acts of public violence causing affray, rioting and unlawful assembly. It defines and penalized these offences in prosecution in their common object.

3. Offences against Property (Section 378-462)

The offences which harms the property owned by persons who are in possession of the person for the purpose of protecting it. The property can be both tangible and non-tangible. The offences include theft, extortion, criminal breach of trust, criminal misappropriation of property, cheating, dacoity, criminal trespass, etc.

Judicial System in India (criminal)

The Indian judicial system follows the system inherited by the colonial legacy of Britishers. The common law system is followed which is based on judicial precedents and records. The India judiciary is divided into hierarchy of courts at all levels to decentralize the power. The structure is:

1. Supreme Court – the apex court of India, it is the highest court of appeal and original suits can be filed and High Court judgements can be appealed. It comprises of 34 judges including the Chief Justice of India.

2. High Courts: There are 25 high courts in India for every state or some high courts which govern more than one states. The civil and criminal cases can be appealed in the case if lower courts are not competent enough.

3. District Courts: Established by the state governments and are under the direct administration of High Courts. They are sub-divided into two courts: civil courts and criminal courts.

4. Tribunals: The Constitution provided the power to the government to set up special tribunals for specific cases. Some of the tribunals are NGT, NCLT, AFT, CAT, ITAT, etc.

5. Lok Adalats/Village Courts: subordinate courts at village level which exercise alternative dispute resolution in village localities.

INTERNATIONAL CRIMINAL LAW

International criminal laws have developed over time with customary laws, conventions held, treatises and establishment of international criminal courts and judicial decisions and agendas in the international gatherings on global challenges. International criminal laws were formulated as body of laws, norms, standards and agreements to be followed to tackle global issue and conflict between national criminal laws of state and nations. There are many international bodies working for a better human life. There are various conventions held, out of which one is The Hague Convention (1899 and 1907) aims to prohibit warfare and laid the rules for war and treatment of war victims. Article 38 of the International Court of Justice Statute specifies the sources for setting legal standards in the nation-state relations for cooperation and peace among the countries. The Genocide Convention (1949) recognized genocide as a crime for the human rights which was adopted by United Nations General Assembly to commit to prohibit atrocities against humans after the World War II. Till 1990s, the UN set up tribunals for international laws enforcement. The Rome Statute of the International Criminal Court, 1988 to exercise jurisdiction over persons (not any state or organization) who are threat to international concerns. International Criminal Court (ICC) was established in Rome, Italy in 2002. It has the power to prosecute the convicts of genocide, crimes against humanity, crimes of aggression, terrorism and war crimes. The efforts have been made colloquially by the United Nations Security Council to tackle several challenges and take informed decisions for the member state of UN. However, there are ongoing efforts to adapt to new global concerns of international importance to establish peace and cooperation among the member states.

IMPORTANCE OF CONTINUOUS LEGAL REFORMS IN INDIA AND INTERNATIONAL LAWS

Continuous legal reforms in India as well as International criminal laws are crucial to ensure justice and keeping up with the fast pace of changes in the society. In India, regular updation and amendments in the criminal laws assist in protecting people’s rights and liberties and improve the efficiency of the legal system and prevent them from being outdated. Internationally, criminal laws are subjected to updation to deal with new global concerns and challenges like terrorism and human trafficking. These reforms help to ensure fair treatment of offenders and provide justice to the victims of crime and establish accountability for such serious offences. By constantly evolving laws, both India and International community can ensure peace and security to protect human rights in the world.

Conclusion

Both Indian criminal laws and international criminal laws play a crucial role in establishing peace, security, and protecting human rights. Indian criminal laws, rooted in the Indian Penal Code and various other statutes, aim to maintain law and order within the country. By addressing crimes such as theft, assault, fraud, and cybercrimes, these laws ensure that justice is served and citizens feel safe. Continuous reforms in Indian laws are essential to address new challenges and ensure that the legal system remains efficient and fair. For example, amendments to laws concerning women's safety, child protection, and digital crimes have been crucial in adapting to societal changes.

On the international stage, criminal laws set by bodies like the International Criminal Court (ICC) help address crimes that cross national borders, such as genocide, war crimes, and crimes against humanity. These laws are vital for holding individuals accountable for serious offenses that impact global peace and security. International criminal laws also encourage cooperation between nations, fostering a sense of shared responsibility in addressing global issues. The establishment of the ICC and various international treaties has created a framework where justice can be pursued beyond national borders, ensuring that perpetrators of severe crimes cannot escape accountability by moving to another country. The importance of these laws lies in their ability to protect human rights and uphold justice. Indian criminal laws protect citizens' rights by ensuring that those who commit crimes are punished, thus deterring others from committing similar offenses. International criminal laws, on the other hand, protect human rights on a global scale, ensuring that even in times of conflict, there are mechanisms to hold offenders accountable and provide justice for victims. The continuous improvement of both Indian and international criminal laws is essential for maintaining peace and security and protecting human rights. By adapting to new challenges and ensuring that justice systems remain fair and effective, these laws help create a safer, more just world. The collaboration between national and international legal frameworks enhances the ability to address crimes comprehensively, ensuring that justice is served and human rights are protected universally.

REFERENCES

Books

  • Ratanlal and Dhirajlal, THE INDIAN PENAL CODE 4 (Lexis Nexis 2020)

  • Ratanlal Ranchhoddas & Dhirajlal Keshavlal Thakore, The Indian Penal Code (35th ed. 2019)

  • C.K. Thakker & M.C. Thakker, The Code of Criminal Procedure (20th ed. 2020)

Online Sources

https://blog.ipleaders.in/criminal-law-india/ (last visited July 18, 2024)