08 ,July 2024
Indian law is huge and broad that consists of different branches of law and criminal law is one of them. Criminal law commonly deals with crime which is like threaten or harmful to the safety, welfare, property, and health of an individual. Criminal laws are formed and recognized by legislation and individuals braking laws are punished.
| Criminal Law | Civil Law |
|---|---|
| Criminal law deals with crimes against society. | Civil law is a type of law that addresses matters at the individual or organizational level. |
| The court can impose penalties or grant freedom in a criminal proceeding. | The only remedy available to the court in civil disputes is to compensate the harmed party for their losses. |
| Penalties are the goal of criminal litigation for the defendant. | The purpose of civil litigation is to make up for the harm or losses. |
| The court decides whether to find the defendant guilty or not guilty in criminal trials. | The defendant in a civil proceeding is either held accountable for the damages or not. |
| Criminal law protects individuals, punishes offenders, and ensures that the rule of law is upheld. | The protection of an individual's or an organization's rights is the primary goal of civil law. It ensures that an individual's wrongdoings are righted and that the victim is not held accountable for them. |
| Regarding criminal law, the government submits a petition. The party must first approach the police, who will then need to investigate the offense before a case can be filed. A petition cannot be filed in a court directly. | When it comes to civil law, the impacted individual or group submits a petition. Depending on the damages, the case may be brought in a court or tribunal. |
| Criminal law primarily addresses serious offenses including robbery, rape, and murder. | The primary topics covered by civil law include property, finances, housing, divorce, child custody, etc. |
However, today, we are here to discuss the term criminal law, types of criminal law, its examples, and other important details. Hence, read the blog post further to gain extensive knowledge of the topic.
What is Criminal Law?
Criminal law is defined as a branch of law that pertains to crimes. It protects society against endanger behaviors that affect people and/or communities. There is a system called Criminal justice to deal with crime. This system includes individual and organizations such as law enforcement personnel, attorneys, juries, probation officers, and prison officials.
Types of Criminal Laws in India: Introduction to New Laws
Some crimes are considered offenses or crimes against society and hence prosecution is supposed to appear in the court. Such offenses are generally categorized as criminal offences which are included on the Concurrent List.
The previous three criminal laws such as Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act are replaced by the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA).
The three criminal laws have undergone numerous amendments since India was freed from British rule. But this time, significant adjustments to these criminal laws were required. The new Sanhitas showed that the laws were created by Indians for Indians.
The Bhartiya Nyaya Sanhita (BNS) - New Changes Introduced
The Bhartiya Nyaya Sanhita has been into effect from July 1, 2024 in place of the Indian Penal Code. The Bhartiya Nyaya Sanhita brings introduces several new crimes including Clause 69. Its goal is to make sexual activity including the use of "deceitful means" illegal. Such a crime carries a maximum 10-year prison sentence in addition to a fine.
The phrase "deceitful" refers to making false claims of job or advancement, getting married after hiding one's identity, or providing inducement.
With the introduction of new Clause 103 of the BNS, which recognizes murder based on community, caste, or race as a distinct crime, there is a major shift in the criminal code. India has experienced different types of crimes in recent years. With the passage of new law, these crimes can now be guaranteed the necessary legal recognition.
The BNS seeks to implement several further modifications. These are crimes similar to terrorism and organized crime. These used to be covered by certain legislation. The BNS's terrorism-related clauses are modeled after the UAPA. The Clause 111(1) of the BNS states organized crime is a continuing unlawful activity which includes trafficking people, illicit services or goods, economic offenses, weapons, drugs, kidnapping, contract killing, car theft, cybercrimes, and land grabbing. The Bhartiya Nyaya Sanhita defines snatching in clause 304(1).
The Bhartiya Nagarik Suraksha Sanhita (BNSS) - New Changes
The new Bhartiya Nagarik Suraksha Sanhita has taken the place of the Criminal Procedure Code 1973. Whereas the Bhartiya Nagarik Suraksha Sanhita requires forensic investigation for crimes carrying a seven-year or longer jail sentence, the CrPC provides processes for prosecution, arrest, bail, and other areas.
Forensic experts will visit the crime scenes to collect forensic evidence and document the proceedings. Every trial, court case, and investigation will take place electronically. Electronic communication device creation may be done in order to support an inquiry, trial, or investigation.
The Bhartiya Sakshya Adhiniyam (BSA) - New Changes
The most recent law to take the place of the Indian Evidence Act is the Bhartiya Sakshya Adhiniyam, or BSA. The goal of the new BSA law is to transform the way evidence is handled in the nation. Among the well-liked adjustments made are:
- Permitting electronic and digital documents
- This new clause includes a broad range of electronic records within its purview, such as emails, laptops, files saved on devices, server logs, messages, location data, and website content.
- The BSA also accepts electronically recorded spoken testimony as evidence.
- In order to provide enhanced protection to rape victims, audio-video recording of the victim's statement is required. This enhances the investigation's transparency even more.
- In Bhartiya Sakshya Adhiniyam, the concept of "secondary evidence" is expanded. Verbal as well as written admissions will now also fall under the category of secondary evidence.
Final Takeaways
Ultimately, it can be said that India's criminal law is a significant area of the legal system that works to safeguard people and society against dangerous actions. The main focus of criminal law is on punishing offenders with jail time, fines, or other sanctions. With the establishment of the Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam, and Bhartiya Nagarik Suraksha Sanhita, India has demonstrated its commitment to updating and improving its legal system to better tackle issues such as cybercrime and organized crime. The introduction and modifications to Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam, and Bhartiya Nagarik Suraksha Sanhita contribute to the expansion of crimes that are punishable as well as the enhancement of procedural fairness and evidentiary standards, which ensure that India's justice system is robust and unbiased.