Criminal Law

Introduction to Criminal Law

Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people, including oneself. Criminal law includes the punishment and rehabilitation of people who violate such laws.

In India, criminal law is primarily governed by three major statutes: the Indian Penal Code (IPC) 1860, the Code of Criminal Procedure (CrPC) 1973, and the Indian Evidence Act 1872. These laws define crimes, prescribe procedures for investigation and trial, and establish rules of evidence.

Indian Penal Code (IPC), 1860

The Indian Penal Code is the main criminal code of India. It was drafted in 1860 and came into force in 1862. The IPC defines various crimes and prescribes punishments for them.

Structure of IPC:

Chapter	Section	Subject
I	1-5	Introduction
II	6-52	General Explanations
III	53-75	Of Punishments
IV	76-106	General Exceptions
V	107-120	Of Abetment
VA	120A-120B	Criminal Conspiracy
VI	121-130	Offences against the State
VII	131-140	Offences relating to Army, Navy and Air Force
VIII	141-160	Offences against Public Tranquility
IX	161-171	Offences by or relating to Public Servants
X	172-190	Contempt of Lawful Authority
XI	191-229	False Evidence and Offences against Public Justice
XII	230-263	Offences relating to Coin and Government Stamps
XIII	264-267	Offences relating to Weights and Measures
XIV	268-294	Offences affecting Public Health, Safety, etc.
XV	295-298	Offences relating to Religion
XVI	299-377	Offences affecting Human Body
XVII	378-462	Offences against Property
XVIII	463-489	Offences relating to Documents and Property Marks
XIX	490-492	Criminal Breach of Contracts of Service
XX	493-498	Offences relating to Marriage
XXI	499-502	Defamation
XXII	503-510	Criminal Intimidation, Insult and Annoyance
XXIII	511	Attempts to Commit Offences

Code of Criminal Procedure (CrPC), 1973

The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.

Key Provisions:

Investigation (Sections 154-176)

Procedure for investigation of offences, powers of police, and filing of FIR

Prosecution (Sections 190-199)

Complaint, cognizance of offences, and commencement of proceedings

Trial Procedures (Sections 238-250)

Procedure for trial before Court of Session and Magistrate

Bail (Sections 436-450)

Provisions relating to bail, anticipatory bail, and cancellation of bail

Appeals (Sections 372-394)

Appeal from convictions, acquittals, and reference to High Court

Revision (Sections 397-405)

Powers of revision of High Court and Sessions Court

Indian Evidence Act, 1872

The Indian Evidence Act contains a set of rules and allied issues governing admissibility of evidence in Indian courts of law. It was enacted in 1872 and came into force on 1 September 1872.

Key Parts:

Part I (Sections 1-4): Relevancy of Facts
Part II (Sections 5-55): On Proof
Part III (Sections 56-58): Production and Effect of Evidence

Important Concepts:

• Burden of Proof: Onus of proving facts lies on the party who asserts them

• Presumption: Inference drawn from known facts

• Admission: Statement suggesting inference as to fact in issue

• Confession: Admission of guilt in criminal cases

• Dying Declaration: Statement made by person who is dead

• Expert Opinion: Opinion of persons with special knowledge

Types of Offences

Classification Based on Cognizability:

Cognizable Offences

Police can arrest without warrant and investigate without court's permission. Examples: Murder, Rape, Theft, Robbery, etc.

Non-Cognizable Offences

Police cannot arrest without warrant and require court's permission for investigation. Examples: Defamation, Assault (simple), Cheating, etc.

Classification Based on Bailable Nature:

Bailable Offences

Accused has right to be released on bail. Examples: Simple hurt, Defamation, Public nuisance, etc.

Non-Bailable Offences

Bail is not a matter of right. Court has discretion. Examples: Murder, Rape, Dowry death, etc.

Classification Based on Court:

Summons Case: Offences punishable with imprisonment up to 2 years (tried by Magistrate)
Warrant Case: Offences punishable with imprisonment more than 2 years (tried by Sessions Court)
Summary Case: Minor offences tried summarily by Magistrate

Types of Punishments

Section 53 of IPC prescribes the following types of punishments:

Punishment	Description
Death	Capital punishment (rarest of rare cases)
Imprisonment for Life	Imprisonment for the remainder of natural life (20 years for calculation purposes)
Imprisonment	Rigorous (with hard labor) or Simple imprisonment
Forfeiture of Property	Confiscation of property of the offender
Fine	Monetary penalty (may be in addition to or instead of imprisonment)

Additional Punishments:

Solitary Confinement: Confinement in isolation (Section 73-74)
Whipping: (Abolished in India)
Community Service: (Introduced in some special laws)

General Defenses (General Exceptions)

Chapter IV of IPC (Sections 76-106) provides general exceptions that exempt a person from criminal liability.

Mistake of Fact (Section 76-79)

Act done by person bound by law or justified by law due to mistake of fact

Accident (Section 80)

Accident in doing lawful act with lawful means and proper care

Infancy (Section 82-83)

Child below 7 years (absolute immunity) and 7-12 years (if no maturity)

Insanity (Section 84)

Act of person of unsound mind who is incapable of knowing nature of act

Intoxication (Section 85-86)

Act done under intoxication if involuntary or if person was insane due to intoxication

Consent (Section 87-92)

Act not intended to cause death or grievous hurt, done with consent

Private Defense (Section 96-106)

Right of private defense of body and property against certain offences

Necessity (Section 81)

Act likely to cause harm but done without criminal intent to prevent greater harm

Criminal Procedure Overview

Stages of Criminal Trial:

FIR (First Information Report): Complaint lodged with police (Section 154 CrPC)
Investigation: Police investigation, collection of evidence, arrest if necessary
Chargesheet: Final report submitted to court after investigation
Framing of Charges: Court frames charges against accused (Section 228 CrPC)
Trial: Examination of witnesses, cross-examination, arguments
Judgment: Court pronounces judgment of conviction or acquittal
Sentencing: If convicted, court awards punishment
Appeal: Appeal to higher court against conviction or sentence

Rights of Accused:

Right to know the grounds of arrest (Article 22, Constitution)
Right to be produced before Magistrate within 24 hours
Right to consult and be defended by a legal practitioner
Right to free legal aid (Article 39A, Constitution)
Right to fair and speedy trial
Right against self-incrimination (Article 20(3), Constitution)
Right to be presumed innocent until proven guilty

Important Offences Under IPC

Section	Offence	Punishment
302	Murder	Death or Life Imprisonment + Fine
304	Culpable Homicide not amounting to Murder	Life Imprisonment or 10 years + Fine
307	Attempt to Murder	10 years + Fine
376	Rape	10 years to Life Imprisonment + Fine
354	Assault or Criminal Force to Woman	2 years + Fine
498A	Dowry Harassment	3 years + Fine
406	Criminal Breach of Trust	3 years + Fine
420	Cheating	7 years + Fine
379	Theft	3 years + Fine
390	Robbery	10 years + Fine
499	Defamation	2 years + Fine
506	Criminal Intimidation	2 years + Fine

Additional Resources

Section-wise Analysis

Detailed explanation of each section of IPC, CrPC, and Evidence Act.

Landmark Judgments

Important Supreme Court and High Court judgments in criminal law.

Case Studies

Analysis of real cases and their legal implications.

Study Materials

Notes, summaries, and study guides for criminal law courses.

Quick Navigation