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.

Hit and Run cases and legal consequences

Introduction To Hit and Run Cases

Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.

Statutory Punishment of Hit and Run

Hit and run cases are not specifically punishable under Indian Penal Code (IPC) as such. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. Section 279 defines and punishes Rash Driving. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. Also, Section 304A punishes death by negligence. This section is directly applicable to Hit and Run cases which result in the victim’s death. The punishment under the Section is for up to 2 years. In cases where the victim hasn’t died but is grievously injured, the punishment is given in Section 338.[i]

The Motor Vehicles Act, 1988 is applicable to the cases of Hit and Run too. Section 161 of the Act defines “hit and run” as “an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”. As can be observed by the official codified definition, a hit and run does not always pertain to murder or grievous hurt, but to accidents at large. Section 161 also provides for compensation to the victims of the hit and run; twenty-five thousand rupees in case of death and twelve thousand and five hundred rupees in case of grievous hurt.

Section 134(a) of the Act requires the driver to secure medical attention to the injured persons immediately. And section 134(b) requires them to give the information about and relevant to the same to a Police officer as soon as possible. Failing these two duties, the driver will be punishable.[ii]

Statistics of Hit and Run cases

More than 20000 people lost their lives in Hit and Run cases in India alone.[iii] Hit-and-run cases accounted for 11.4% of all accidents in 2015, an increase from 10.9% in 2014, according to road transport ministry data. In a survey, they found that about 74% of respondents expressed unwillingness to assist victims of road accidents. According to a study Impediments to Bystander Care in India conducted by SaveLIFE Foundation, advocacy working for road safety, and TNS India, a global marketing research company, on July 2013. The SaveLife-TNS study also points to another study by the Indian Journal of Surgery published in 2006. There, it was found that 80% of road accident victims do not receive any medical care within the first or golden hour after the accident.

Problems in Hit and Run cases

The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.

The witnesses of the accident are also unwilling and reluctant to help the victims. This causes a lot of loss of life. In 2013, the Apex Court directed the Government to make laws for the protection of the Good Samaritans. However, even after these laws are made, they are available mostly on paper. In some states like Karnataka however, these laws hold much importance.[iv]

Conclusion

Hit and Run cases have come to the knowledge of most of the Indians after the infamous Salman Khan case in 2002. He was accused of driving his car onto the Footpath into a group of homeless people. One of them had died. There have been many high profile cases of Hit and Run over the years. And, many which couldn’t get as much attention.

The usual reason found behind these instances is Rash driving, On-road racing and Drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.

[i] Indian Penal Code 1860.

[ii] Motor Vehicles Act 1988.

[iii] Rahul Mohan  Sharma, ‘There were 7 Hit and Run cases every hour in 2015’ (Scroll.in, 5 August 2016) <https://scroll.in/article/813185/there-were-7-hit-and-run-cases-every-hour-in-india-in-2015> acessed 12 January 2019.

[iv] Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act.

Seven Questions About Caught Drunken Driving? All You Should Answer Truthfully

Introduction

Alcoholic beverages have been increasingly used in the societies which are creating positive and negative; short-term long term, social, medical, and cultural impact. Like other western countries, the laws in India also make driving and drinking a punishable offense. The only exception can be having BAC (Blood Alcohol Content) within the permissible limit.

It is a well-known fact of the number of road accidents which occur everywhere due to reasons like drunkenness, driver’s fault, rash, and negligent driving, etc. In the case of The State of Tamil Nadu v K. Balu and Anr[1], the judgment highlighted the number of road accidents due to the influence of alcohol/drugs is 16, 298 for the year 2015, i.e., 3.3 percent of the total number of road accidents for the year.

Unquestionably, the statistics documented under the category of drunk driving is under-reported so as not to tamper the right of the victim to receive compensation. So, the figure recorded, and the figure on record has a significant difference.[2]

Read Also: Underage? Still Drinking Alcohol!

Permissible limit

It is pertinent to know what amounts to drunken driving and what is the permissible limit. The BAC permissible in India is 0.03%, i.e., 30 mg per 100 ml of blood. The BAC permissible varies from country to country. For example, in countries like Pakistan Alcohol is completely banned, China has BAC as 0.02%, and the UK and Canada have permissible BAS as 0.08%

In the case of Alister Anthony Pareira v State of Maharashtra[3], the accused was charged with causing the death of seven people and injuries to eight people who were asleep on the footpath of Carter Road, Bandra (West).  Upon Medical examination of the accused, the content of alcohol was 0.1125 w/v of Ethyl Alcohol. The High Court convicted the accused of Maharashtra, the basis of a conviction being his drunken state. But nobody cross-examined that drunken state which was stoutly argued upon on behalf of the accused at the stage of appeal. But the High Court ultimately dismissed the appeal because the BAC was higher than permissible, and no examination or cross-examination can render the fact void.

All the cases of Drunk Driving are registered under Driving under Influence (DUI) cases. On the eve of the new year 2019, Hyderabad itself registered as high as 2499 cases of DUI during checking on the occasion, and 873 cases were recorded by the Pune Police Stations, Mumbai 455 cases and Delhi 509 cases.[4]

How to identify intoxication

The case of Bachubhai Hassanalli Karyani v State of Maharashtra[5] is an important highlight because it places reliance on medical evidence and not on mere physical examination. The accused charged with rash and negligent driving under the state of alcohol. His state of alcohol contended only based on the opinion of the Doctor who conducted the examination. His breath was smelling of alcohol, gait unsteady incoherent speech, and dilated pupils. The accused was not subjected to the urine test. The blood samples were collected, but its report was never produced before the prosecution. The notion of accused being in a drunken state was denied by the court to meet the ends of justice. Thus the intoxication should be identified through breath analyzer, blood test, and urine test.

Is breath analyzer the only way to prove that a person is drunk?

As per Section 185 of the Motor Vehicle Act, 1988, which indicates a permissible limit BAC of 30 mg%, “in a test by a breath analyzer.” The wording of the section is clear the necessity of the test by breath analyzer. The police officer may also take the person to a nearby place to conduct breath and blood tests.

In the case of State Tr.P.S Lodhi Colony, New Delhi v Sanjeev Nanda[6], where the accused was held guilty under Section 85 of Indian penal Code and Section 185(1) of the M.V Act, 1988 to show intoxication. It was contended on behalf of the Accused that since breath analyzer test is the test statutorily recognized for drunken driving, which was not conducted for the Accused, no reliance can be placed on the state of intoxication of the accused.

Punishment and fine: Section 185 and 188 of the MV Act

If the BAC is 30 mg per 100 ml of Blood, then does not amount to any offense. If BAC is within 30mg-60mg per 100 ml of blood, it shall attract imprisonment up to 6 months or fine up to Rs. 2000 or both.

If BAC is ranging from 60mg-150mg per 100 ml of Blood, imprisonment for 1 year or fine of Rs. 4000 or both can be imposed. Repeating of offense within a period of three years will be punishable with imprisonment, which can extend up to 3 years and/or fine Rs. 8000.

If the BAC is above 150 mg per 100 ml of blood, then it attracts imprisonment of 2 years and/or fine of Rs. 5000. Repeating this offense will attract a penalty of Rs. 10000, cancellation of license and jail term.

Way Forward

The State and center have been working progressively towards reducing the number of causalities caused due to drunkenness. The polices implemented by the union government of ban of Alcohol within 500 meters of the National Highways, is a measure to curtail down the number of road accidents.

In action taken by Hyderabad in 2016, where it is required by the bar authorities to make sure a pool of cabs is available near the bar to take home drunken people. This action was initiated after Kolkata took stern action when a fatal accident of an actress was reported.[7]

As per the recommendation of the World Health organization, all member governments should reduce the per capita consumption, which can be done by reducing the availability of such alcoholic beverages. This action can be taken in lieu of Article 47 of the Constitution of India.[8]

Conclusion

A zero-tolerance policy must be devised and enforced for the proper clarification of the intent of the parliament. Identifying the places most vulnerable and setting up proper checkpoints have help to reduce the number of accidents, but the problem is yet to be solved from its very roots. The permissible limit remains 0.03% and should be abided by not to get caught by the police.

[1] Civil appeal Nos .12164-12166 of 2016

[2] R.N. Mathur v State (Finance Department)

[3] Criminal Appeal Nos. 1318-20 of 2007

[4] https://www.business-standard.com/article/current-affairs/drunk-driving-cases-huge-drop-on-new-year-s-eve-2000-booked-pan-india-119010300133_1.html

[5] Criminal Appeal No. 183 of 1970

[6] S.L.P. (Crl.) No.3292 of 2010

[7] https://www.thebetterindia.com/100812/india-drunk-driving-efforts-initiatives-world-lessons/

[8] https://www.alcoholwebindia.in/content/regulation-legislation