Criminal Law in India | Definition, Type of Criminal Law

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Criminal Law in India | Definition, Type of Criminal Law

21 ,April 2020

There was no criminal law in Ancient time. The society was uncivilised. Neither the life nor the property was safe in that society. At that time peoplebelieved only on one thing a life for a life. Time changed and the people made law based upon theirreligion. They segregated law according to their Holy book and their culture.

In the antiquated Hindu law, it was the obligation of the ruler to rebuff the guilty party. The Hindu law-providers didn't explicitly recognize common wrong wrongdoing, still, the distinction in punishments and strategy which they have recommended shows that they plainly acknowledged how the criminal part of a contrasted from its common regard. After the triumph of the nation by Muslims Mohammedan criminal law was presented in our nation, and the Indian Courts applied Mohammedan criminal law in the organization of equity.

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At the point when the East India Company assumed control over the domain of Indian Territory, Mohammedan criminal law was in power. Later on, it was understood that a correctional code was important. The primary law commission was selected in 1834 with Lord Macauley, the then Law Minister as its executive, Sarvshri Macleod, Anderson and Millet were different individuals from the Commission. It arranged a draft Penal Code for India which was given for thought to Governor General of India in Council on fourteenth October 1837. It was changed by Sir Barnes Peacock, Sir JW Colville and a few others. The drafting was finished in 1850 and it was introduced to the administrative gathering in 1856. The bill was passed on October sixth, 1860. It got the consent of the Governor General on a similar date and consequently turned into the Indian Penal Code, 1860. The Code came into procedure on first January 1862.

Types of law

1) Substantive law which is the part of law that creates and define rights

A) Indian penal code - The Indian Penal Code's purpose is to set down what is right and wrong, and to enforce the penalty for making such an error. Under criminal law the "will" to commit the crime plays an important role under determining the offence's liability.

There are usually five stages of committing the crime

The Indian Penal Code which was introduced in 1860 is enforceable in part of Indian Territory. It followed various England Common Law theories and concepts that were changed from time to time. One of the distinctive characteristics of the Indian Penal Code is that it follows the country's general code of criminal law. This includes the full spectrum of crimes. It is about security. The people from accidents were linked to the human body, Property and Reputation. Some common crimes such as murder, abduction, rape, robbery, stealing, etc. have been punishable under the various sections provided for in the Indian Penal Code, whereas the Indian Penal Code has also covered various actions committed in good faith, with or without consent of negligence, cruelty, etc.

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In addition to these, some of the other state-related offences pursuant to Section 121, Government pursuant to Section 121A, public tranquillity and public disturbance pursuant to Sections 149 and 268 respectively, social structures such as marriage pursuant to Section 494, public morality pursuant to Section 295 and against morals pursuant to Section 292 were made punishable under the Indian Penal Code.

It applies in the entire Indian Territory except in Jammu Kashmir. The jurisdiction of the territories is founded on the principle that all crimes are local. Therefore, the provisions of the Indian Penal Code extend to all persons including foreigners on the Indian soil. Nevertheless, only presidents, governors and foreign sovereigns and ambassadors were exempt from criminal liability for all acts under the colour of their office.

The Indian Penal Code also has extra territorial authority in the sense that it applies only outside of Indian Territory to all Indian nationals. Indian Penal Code jurisdiction has also applied to any person on a ship or aircraft registered in India because the recognition of such jurisdiction is based on the principle that each nation has the right to control and rule its own jurisdiction.

In short, the Indian Penal Code is incredibly bright in terms of regulating any person's crime and crimes, whether in the Indian territories or elsewhere in the world.

2) Procedural aw which gives the mode of form of conducting judicial proceedings

A) Criminal Procedure Code

The Code of Criminal Procedure cannot be distinguished from any of the country's penal legislation. If Significant Penal Law is a major means of protecting society, a key method for achieving and implementing Significant Law is Procedural Criminal Law. When the Code of Criminal Procedure came into effect in 1973, the 1898 Code of Criminal Procedure was in effect. Several changes were introduced in this new code, the main object of which was to isolate the judiciary from the Executive. There are 37 chapters, 484 section, and two Schedules in the Criminal Procedure Code, 1973. There is the description of the crimes in this First Schedule, and other elements have been included in the Second Schedules.Code of Criminal Procedure, 1973 applies to India as a whole.(Section 1 of the Code of Criminal Procedure, Short title, scope and beginning) This shall come into force on the first day of April 1974.

Hierarchy of Criminal Courts
The hierarchy of the Criminal Courts in India is as follows:

The Supreme Court of India -  
The Indian Supreme Court, which is India's highest court, was created in accordance with Article 124 of Part V and Chapter IV of the Indian Constitution.
The High Courts of India -
the high courts are at the rank of second level. It is governed by Article 141 of India's Constitution, and is bound by the Apex Court's judgment.

Lower Courts of India have been classified as follows.
A) Metropolitan Courts
B) Sessions Court
C) Chief Metropolitan Magistrate
D) First Class Metropolitan Magistrate
E) District Courts
F) Sessions Court  
G) First Class Judicial Magistrate
H) Second Class Judicial Magistrate
I) Executive Magistrate

Evidence law

Evidence law is the branch of law concerned with the rules and methods by which evidence is admitted and used in a legal trial. These rules set out what type of evidence can be admitted for consideration by a judge or jury in a trial. Evidence law also concerns the type of objections that can be raised to certain evidence being admitted, such as hearsay, illegally-obtained evidence, or a privilege that prevents the evidence in question from being admissible at trial.

Evidence law deals with the laws and procedures by which proof is accepted and used in a legal case. Such rules stipulate what form of evidence a judge or jury in a court can accept for consideration. Evidence law also includes the form of challenges that may be posed to the inclusion of such facts, such as hearsay, evidence collected unlawfully or a right that prohibits the proof in question from being admissible at court.

Courses offered

1) LL.M. in Criminology (Masters in Law)
Eligibility: Law Graduate
2) PHD in Criminal law related topic (Doctorate)
Eligibility: Post Graduate in Law

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1 - ) Lawyer- The candidate can do independent practice as a criminal Lawyer.
2 - ) Law Firm-
The candidate can become a part of advocate’s panel who deals with corporate and bank cases.
3 - ) Judge -
The candidate who has good knowledge of IPC &CrPC can qualify the judiciary as well.
4 - ) Academician
- The candidate can do PhD in criminal law and become expert academician also.

Criminal law in India includes State crimes, including felonies and misdemeanours. The level of proof for criminal offences is beyond reasonable doubt. Indian penal code, Crpc, Evidence law etc. are regulated by criminal law.

Neha Singh

Assistant Professor