Understanding complex law concepts can be a bit tricky however, all you need is the right guidance. Henceforth, we are all set to discuss a complete overview on one such law which is none other than the ‘Criminal Law’. Under this section, we will be focussing on various aspects of this law, like, what is criminal law, its definition along with some examples, its types, principles and criminal justice.
What Is Criminal Law?
As the name suggests, the core meaning of the criminal law describes its definition too. Criminal law is a law that deals with crimes and offenses. Criminal law serves as a backbone of any legal system which is specifically designed to maintain law and order among the general public and ensure justice is delivered across the nation.
The major reason behind the existence of the criminal laws is to protect the society from the illegal or harmful actions taken by any individual, group of individuals or any social institutions. All the criminal law proceedings and relevant and fair justice to the victims is completely dealt by the criminal justice system. Under this system, many people and agencies are included like, law enforcement officials, lawyers, judges, juries, probations officers, and prison officials. In some cases, the criminal law also touches upon civil law, the body of law that deals with non-criminal issues (especially those involving money). Paying restitution to victims of crime, for example, is part of civil law rather than criminal law.
Principles of Criminal Law
To understand the framework of criminal law, it is essential to grasp its foundational principles. These include:
- Presumption of Innocence: Every individual is presumed innocent until proven guilty.
- Burden of Proof: The prosecution must prove the accused’s guilt beyond a reasonable doubt.
- Legality Principle: No person can be punished for an act that is not defined as a crime under the law.
- Proportionality: Punishment must correspond to the severity of the crime.
- Mens Rea (Guilty Mind): A criminal act typically requires intent or knowledge of wrongdoing.
These principles are critical in ensuring fairness and justice within the system.
Types of Criminal Law
As per the new criminal laws implemented in India, the Bharatiya Nyaya Sanhita,” the “Bharatiya Nagarik Suraksha Sanhita,” and the “Bharatiya Sakshya Adhiniyam,” have replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, effective from 1 July 2024.
- Bharatiya Nyaya Sanhita (BNS)
The BNS replaces IPC 1860 which was enacted under 1860. It includes new offenses under consideration like, terrorism and organised crimes along with stricter penalties for the crimes against women and children with clearer definitions of crimes and simpler procedures. It also incorporates international human rights standards.
- Bharatiya Nagarik Suraksha Sanhita (BNSS)
This criminal law replaces the CrPC which was enacted in 1973. This type of criminal law includes timelines for various procedures, such as giving judgment within 30 days.
- Bhartiya Sakshya Adhiniyam (BSA)
The BSA replaces the Indian Evidence Act, which was enacted in 1872 of the IPC. This new law aims at providing a justice-focused approach and integrating technological advancements in police investigations and court procedures.
Examples of Criminal Law as per IPC
Some of the common offenses outlined in the Indian Penal Code:
- Abetment of suicide
- Attempt to murder
- Causing death by rash or negligent act
- Hit and run
- Grievous hurt
- Organized crime
- Mob lynching
- Sexual intercourse without consent
What Is Criminal Justice?
The term “criminal justice” refers to the system through which crimes are detected, prosecuted, and punished. In India, this system comprises three main components:
- Law Enforcement Agencies: Police and investigative bodies that detect crimes and gather evidence.
- Judiciary: Courts that ensure fair trials and deliver justice.
- Correctional Facilities: Prisons and rehabilitation centers that focus on reformation and punishment of offenders.
The overarching aim of criminal justice is to uphold the rule of law, safeguard citizens, and ensure offenders are held accountable for their actions.
On The Final Notes
The existence of criminal laws plays a vital role in maintaining a societal balance as it ensures justice is served along with safeguarding the rights of every individual. It is always best to stay aware and informed. We hope this discussion has given you an in-depth overview of the criminal laws. Well, in case you have made up your mind to pursue your higher studies and wish to become a law professional, then here is your chance to make your wish come true. Bangalore’s top law college, Vydehi Institute Of Law is inviting students for the Admissions 2025-26 batch. To know more,
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