Criminal Law: Definitions, Types, Examples, and Key Facts
Indian law is vast and encompasses various branches, with criminal law being one of them. Criminal law addresses crimes that threaten or harm the safety, welfare, property, and health of individuals. These laws are established by legislation, and those who break them are punished accordingly.
Today, we’ll delve into the term criminal law, its types, examples, and other important details. Read on to gain extensive knowledge about the topic.
What is Criminal Law?
Criminal law is a branch of law dealing with crimes, aimed at protecting society from behaviors that endanger people or communities. The criminal justice system, which includes law enforcement personnel, attorneys, juries, probation officers, and prison officials, handles these crimes.
Types of Criminal Laws in India: Introduction to New Laws
Crimes considered offenses against society are prosecuted in court and are categorized as criminal offenses on the Concurrent List. The traditional laws like the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act have been replaced by the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA).
These new laws mark significant changes since India’s independence, reflecting laws created by Indians for Indians.
The Bhartiya Nyaya Sanhita (BNS) – New Changes Introduced
Effective from July 1, 2024, the Bhartiya Nyaya Sanhita replaces the Indian Penal Code, introducing new crimes, such as those under Clause 69, which criminalizes sexual activity obtained through deceitful means with a maximum 10-year prison sentence and a fine. Deceitful means include false claims of job advancement, hiding one’s identity, or providing inducements.
Clause 103 recognizes murder based on community, caste, or race as a distinct crime, addressing various types of crimes prevalent in India. The BNS also includes provisions for terrorism and organized crime, aligning its clauses with the UAPA and defining organized crime under Clause 111(1) to include human trafficking, illicit services or goods, economic offenses, and more.
The Bhartiya Nagarik Suraksha Sanhita (BNSS) – New Changes
Replacing the Criminal Procedure Code of 1973, the Bhartiya Nagarik Suraksha Sanhita mandates forensic investigations for crimes with sentences of seven years or longer. Forensic experts will gather evidence and document proceedings electronically, ensuring that trials, court cases, and investigations are conducted digitally.
The Bhartiya Sakshya Adhiniyam (BSA) – New Changes
The Bhartiya Sakshya Adhiniyam replaces the Indian Evidence Act, aiming to revolutionize evidence handling in the country. Notable changes include the acceptance of electronic and digital documents, such as emails, files saved on devices, server logs, messages, location data, and website content. The BSA also recognizes electronically recorded spoken testimony and mandates audio-video recording of rape victims’ statements for enhanced transparency. Additionally, the definition of “secondary evidence” is expanded to include verbal and written admissions.
Final Takeaways
India’s criminal law is crucial for protecting individuals and society from dangerous actions, focusing on punishing offenders with jail time, fines, or other sanctions. The new Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam, and Bhartiya Nagarik Suraksha Sanhita demonstrate India’s commitment to updating its legal system to address issues like cybercrime and organized crime. These changes enhance procedural fairness and evidentiary standards, ensuring a robust and unbiased justice system in India.
