Brief Introduction to Criminal Law in India

A special lecture was delivered by G.T. Nagaraj Assistant professor, on 26 April 2019  The main areas of discussion was the essential purpose of criminal law administration is to protect the society from law breakers and to create a sense of deterrence to the potential law breakers. India has had its own scheme of criminal justice administration till Colonial invasion. While the earlier system heavily drew from religious texts and practices, modern day Criminal Law Administration in India owes its existence to the British Rule.

In India the primary penal legislation is Indian Penal Code of 1860. Even after two centuries and a few amendments, IPC, to a large extent covers the Indian criminal law scenario. This is coupled with special penal legislations of the parliament like Protection of Children from Sexual Offences Act, 2012, Dowry Prohibition Act, 1961, The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 etc. The procedural aspect of criminal law is covered by Criminal Procedure Code, 1973.

Criminal Law Administration in India can be divided into three stages, viz. investigation, inquiry and trial. On the commission of an offence, the police take cognizance, registers FIR and conducts an investigation. The trial stage happens before a judge in a competent court of law. In India the criminal courts are divided into Magistrate Courts, Sessions Court, High Court and Supreme Court, Magistrate Court at the lowest level and Supreme Court at the highest.

Though chiefly rooted in English Legal system, our parliament has taken timely initiatives to ensure adequate reforms to the law. Vohra Committee, Malimath Committee, Varma Committee etc. are few prominent Committees appointed to this effect. Judiciary has played a key role in ensuring timely reforms to our criminal law system. Judgments on homosexuality, rights of transgenders, mob lynching etc. to name a few.