Everything You Need to Know About Criminal Law In India

Criminal law in India

In India, crime is an offense against the State. The law has given a massive status to crimes, so much so that punishments could range from fine to the death penalty. Crime is against the welfare of society, and therefore, there are many legislations against the same in our country. The prominent ones include the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. Besides these significant acts, there are acts such as the Dowry Prohibition Act, 1961, the Juvenile Justice Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, the Narcotics drugs and psychotropic substances Act, 1985, etc.

The Three main legislations

The Indian Penal Code (IPC)

The Indian Penal Code is the official criminal code of India, which was drafted way back in 1860. It’s objective is to provide a general penal law for the country. It has 511 sections across 23 chapters, containing the list of crimes along with their definitions and punishments. The IPC has been amended several times and is now supplemented by other Acts. Its jurisdiction extends to the whole of India except the State of Jammu and Kashmir.

The Code of Criminal Procedure (CrPC)

The Code of Criminal Procedure is the primary legislation on the procedure for the regulation of criminal law in India. The CrPC details the procedure for the investigation of the crime, presenting criminals before the court of law, collection of evidence, determination of guilt or innocence of the accused, imposition of penalties or punishments, etc. It further lays down the hierarchy of the courts competent to try criminal lawsuits. In descending order it is the High Court at the top followed by Sessions Court, First Class Judicial Magistrate, Second Class Judicial Magistrate and Executive Magistrate. There is a limit affixed for sentences which these courts can pass against the accused. The Supreme Court is the apex court, and it has the ultimate power. The code was enacted in 1973. At present, the CrPC contains 484 sections cut across 37 chapters. It also has two schedules and 56 forms.

The Indian Evidence Act

The Indian Evidence Act, 1872 contains a set of rules and allied issues which governs the admissibility of evidence in the law courts of India. It comprises 167 sections cut across 11 chapters. Types of evidence mentioned under the Indian Evidence Act, 1872 includes – Oral evidence, documentary evidence, primary evidence, secondary evidence, real evidence, hearsay evidence, judicial evidence, non-judicial evidence, direct evidence, and indirect evidence or circumstantial evidence.

Some other criminal legislation

Dowry Prohibition Act, 1961

The Dowry Prohibition Act was enacted in the year 1961 with the main motive to criminalize the practice of dowry in India. It consolidated the anti-dowry laws which had been passed in certain states of India. If any person gives or takes or abets dowry, then according to Section 3 of the Act he is liable for imprisonment for a minimum period of 5 years and fine of more than INR 15,000 or the value of the dowry received, whichever is higher. The Act also provides for penalty for directly or indirectly demanding dowry which involves a prison term of 6 months or more which is extendable up to 2 years along with a fine of INR 10,000.

Juvenile Justice (Care and Protection) Act, 2015

This Act allows for juveniles within the age bracket of 16-18 who are in conflict with the law and are involved in heinous offenses, to be tried as adults, i.e. above the age of 18. The Act was enforced on 15 January 2016. The Act has put in place a Juvenile Justice Board, which includes psychologists and sociologists, to decide if a juvenile within the age bracket of 16 to 18 should be tried as an adult or not. The Act also aims to make the adoption process of the orphaned, abandoned and surrendered children more smooth. The Act introduced the foster care and Judicial Waiver System in India.

Narcotics drugs and psychotropic substances Act, 1986

Also, referred to as the NDPS Act, this Act came into being on 14 November 1985 and has been amended thrice till date. Until 1985, India had no legislation regarding narcotics. This Act attempts to prohibit production, manufacture, cultivation, possession, selling, purchasing transporting, storing and/or consumption of any narcotic or psychotropic substance in India.

Indecent Representation of Women (Prohibition) Act, 1986

The Act was enacted to prohibit indecent representation of women through ads, publications, writings, paintings, figures or any other such manner.

CONCLUSION

India has a very sophisticated criminal legal framework. It has innumerable legislations covering various crimes and their punishments. It also lists down how the cases must be dealt with, provisions on investigation and evidence can also be found. Besides, the case laws or judicial precedents also play a significant role when judges pronounce the judgment. The decision of the Supreme Court is final and binding on all the criminal and civil courts of India. There is a hierarchy among criminal courts as well. A robust criminal law framework is essential to deter the perpetrators from committing crimes and also makes justice easy, feasible and quick.

Section 302 of the Indian Penal Code

Section 302 of the Indian Penal Code talks about punishment for murder.

302. Punishment for murder

Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine. Murder is the unlawful killing of one human being by another without any justification or valid excuse and with malice intended.

Section 300 of the IPC talks about murder.

300. Murder

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

Secondly, If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

Thirdly, If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be in­flicted is sufficient in the ordinary course of nature to cause death, or—

Fourthly, If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Section 302 makes murder a cognizable and non-bailable offense.

Rajesh v. State (NCT of Delhi)

This is a case in Delhi High Court, a Division Bench comprising of S. Muralidhar and Vinod Goel, JJ. dismissed a criminal appeal filed against the order of the trial court whereby the appellant was convicted under Section 302 IPC. The appellant was alleged to have murdered his wife. It was proved that the deceased was last seen with the appellant. The prosecution examined 45 witnesses before the trial court. Based on the testimonies of witnesses and findings of the court, the appellant was convicted for the murder of his wife under Section 302 and sentenced accordingly. Aggrieved thus, the appellant filed an appeal against his conviction and sentence.

The High Court perused the record and took note of the findings as made by the trial court. The Court noted that the mother of the appellant (PW 1) deposed that the appellant and the deceased slept together and also that she saw the appellant with the deceased on the night of the incident. Further, the post-mortem report clearly showed that the death of the deceased was a result of serious injuries which were caused by the sharp-edged weapon, maybe a farsa. In the Court’s opinion, the prosecution proved that the death was homicidal. Moreover, the Forensic Science Laboratory (FSL) Report proved that the death was caused inside the jhuggi where the deceased was sleeping with the appellant. The Court observed that there was no alternative theory to suggest how the deceased may have suffered the injuries in the facts and circumstances of the case. For the reasons aforestated, the Court was unable to reach a conclusion different from that of the trial court. Resultantly, the conviction of the appellant was upheld and the appeal was dismissed.

Arjun and ANR. Etc Vs State of Chattisgarh

On 19.11.2006 at about 9:45 AM, deceased Ayodhya Prasad had gone to his field alongside Bajrang Manjhi, Borri Verma, Gilli Raout and Makunda Raout. The deceased was cutting a tree with the help of the persons along with him and at that time, the appellants came in the field and they stopped the deceased and his labor from cutting the tree. Deceased Ayodhya Prasad told the appellants that he was the owner of the tree, therefore he was cutting the tree. Some quarrel took place between them and the appellants assaulted the deceased with a knife and stone. The deceased fell down and sustained injuries on his head. His head was severely injured, he was taken to Bilaspur for treatment, but, he died on the way near Mahanadi Bridge. Shivprasad, the brother of the deceased lodged a First Information Report.  The post-mortem was conducted, the cause of death was a hemorrhagic shock due to head injuries and the death was homicidal in nature. The investigation was completed and a charge sheet was filed against the appellants in the Court of Judicial Magistrate, who committed the case to the Court of Session  Raipur, from where it was received on transfer by Second Additional Sessions Judge, Balodabazar, who conducted the trial and convicted and sentenced the appellants.

The appellants approached the Supreme Court for relief. The division bench of the Supreme Court dismissed the appeals and upheld the judgment of the Additional Sessions Judge. The appellants were held liable for punishment under Section 302/34 of the Indian Penal Code.

This article aimed to define the meaning of Section 302, the nature of Section 302, the punishment of murder and also some landmark judgments on Section 302.

Punishment for Rape – An offence under the Indian Penal Code

The term “rape” is defined under Section 375 of the Indian Penal Code. Under Indian law, only a man can be held liable for the offense of rape. A man is said to commit rape if he has sexual intercourse with a woman under any of the six following conditions –

• Against the will of the woman;
• Without the consent of the woman;
• With her consent, when her consent was obtained by putting her or any person in whom she is interested by fear or of death or hurt;
• With her consent, when the man is aware that he is not her husband and that her consent has been given because she believes that he is another man to whom she believes herself to be law­fully married;
• With her consent, when, at the time of giving such consent, due to unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of the consent she gives;
• With or without her consent, when she is below sixteen years of age.

The explanation to the Section says that penetration is sufficient to constitute the offense of rape.

The exception to the Section says that Sexual intercourse by a man on his own wife, with the wife being not below fifteen years of age is not rape, within the meaning of the Section.

Punishment for Rape –

The minimum punishment for rape shall be imprisonment of either a description for a term which shall not be less than seven years but which may extend for the entire life or for a term which may extend to ten years and shall also be liable to fine, unless the woman raped in question, is the own wife of the man.

In case, the woman is the wife of the perpetrator, and she is under twelve years of age, in that case, he shall be punished with imprisonment of either description for a term which can extend to two years or with fine or both.

Rape of a woman who is under twelve years of age – [Section 376(2)(f)]

The punishment for this includes a term which shall not be less than ten years, which may extend for life, and the perpetrator shall also be liable to pay a fine.

Rape of a woman, knowing that she is pregnant – [Section 376(2)(e)]

The punishment for this includes a term which shall not be less than ten years but which may extend for life and the perpetrator shall also be liable to pay a fine.

Gang rape – [Section 376(2)(g)]

The definition of Gang rape is included in the Explanation under Section 376(2)(g). Gang rape means “Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this subsection.” 

It means that even if six people force a woman into having sexual intercourse with only one of them, yet the remaining five will also be considered to have committed rape under Section 376(2)(g).

Punishment for the rape of this nature includes imprisonment term which shall not be less than ten years but which may be for life and the perpetrator shall also be liable to pay a fine.

Custodial Rape – [Section 376(2)a,b,c and d]

This includes rape on a woman in their or their subordinate’s custody by –

• A police officer within the limits of the police station to which he is appointed, or in the premises of any station house whether or not situated in the police station to which he is appointed; or on a woman in his custody or in custody of a police officer in a subordinate position to him.
• A public servant
• Management or the staff of a jail, remand home, or some other place of custody or a women’s or children’s institution.
• Management or the staff of a hospital.

CONCLUSION

Rape is one of the most heinous offenses in India. It is an offense which has brought so much agitation from all corners of India and from almost segments of the society. However, the Indian Penal Code is a colonial law. It was drafted way back in the 1860s, and hence, most of it seems redundant in the world of feminist evolution. The catch about Section 375 is that only a man can commit rape, and only a woman can be the victim under the same. Hence, the offense of rape on a man by a man or a woman does come within the ambit of this section. Rape laws have also been made stringent by the Criminal Laws (Amendment) Ordinance, 2018, which provides for Death Penalty for the rape of women below twelve years of age. Plus, the minimum punishment for rape was increased from seven years to ten years and rape of girls below sixteen years is now punishable with imprisonment up to twenty years or life imprisonment