The legal system of any country is run by its laws but when we talk about the efficiency and efficacy of Indian criminal law, it has always been questioned. In this blog, we will talk about criminal laws in India, their effectiveness, and about the law firm which can help you win your legal battle.
Introduction to criminal law
A set of laws according to which a criminal is punished by the judiciary is referred to as criminal law. When a person violates a specific criminal statute, that person is guilty of committing a crime and breaking the law. Because criminal law punishments include the loss of one’s rights and detention, they differ from civil law.
Difference between criminal Law and civil law
Criminal laws primarily concentrate on behavior that is disrespectful to the general public, society, or the law of the land. Theft, drunk driving, murder, assault, and other offenses are examples of criminal laws.
In contrast, civil law focuses primarily on actions that can injure or cause injury to any private person or individual, such as those that are taken by an individual or an organization. Defamation, including libel and slander, breach of contract, negligence leading to death or injury to any specific individual or party, etc. are examples of civil law.
Criminal laws in India
Following are the major criminal laws in India:
a) Indian Penal code
Indian penal code was enacted by the imperial legislative assembly in the year 1860. The goal of the Indian Penal Code is to define what is right and wrong and to impose punishment for doing something unlawful. In evaluating the accountability for an offense, the “will” to conduct the crime is a key factor under criminal law.
The IPC covers entire India. Both crimes committed within India and crimes committed outside of India that may legally be tried within India are punishable under the IPC.
b) Criminal procedure code-
The Criminal Procedure Code (CrPC) is a procedural legislation that specifies how the police department is to operate concerning investigations and the rules that courts must follow when conducting investigations and holding trials. Criminal offenses are divided into several categories under the CrPC, including those that are eligible for bail, not eligible for bail, cognizable, and non-cognizable offenses. Different offenses are dealt with in different ways.
c) Indian Evidence act
ndian evidence act was enacted in the year 1872 by the Imperial legislative council. This law is concerned with the rules and practices that govern how evidence is accepted and applied in a court of law. Such regulations specify the kind of evidence that a jury or judge in a court may evaluate. According to evidence law, a challenge to the admission of such facts may take the form of hearsay, evidence obtained unlawfully, or a legal presumption that the evidence in question cannot be allowed in court.
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Lex solutions- One of the top criminal law firms in Chandigarh.
If you are in any legal trouble, lex solutions will be your helping hand. Based in Chandigarh, Lex solutions offers legal assistance and services. Being one of the top law firms in the city, Lex has a pan-India network of lawyers who represent clients in tribunal courts, high courts to the supreme court of India.
Lex solutions serve national & international clients including financial institutions, real estate companies, educational institutes, corporations, PSU(s), etc in the matter of matrimonial disputes, corporate litigation, criminal matters, real estate disputes, white-collar crimes, writ remedies, etc.
How effective are India’s criminal laws?
We cannot deny the fact that we have certain flaws in our country’s criminal law. The Indian penal code was enacted in 1860, and since then society has evolved over the period. The crimes that took place in that era are different from the major crimes happening these days. We have seen rapid growth in several financial crimes for which we do not have any strong laws.
However, the government of India is committed to providing speedy justice to everyone, especially to the backward section of society, for which they are making comprehensive changes in the criminal laws, civil laws, cyber crime Indian law, etc. In the coming future, we can expect good reforms in Indian criminal laws.
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Hope you understood Indian criminal laws and their effectiveness by reading this blog. However, there is still a lot of scope for amendments required to get fair and timely justice for the accused person, Lex solution with their trained and expert lawyers will help you get the satisfactory judgment you are seeking for.
Frequently asked questions
1. Who makes criminal laws in India?
In India, the power to make criminal laws is divided between the union parliament and state legislatures. However, in case of contradiction between the two, the decision of central laws will be considered.
2. What are the 3 main purposes of criminal law?
The fundamental goals of criminal law are to deter crime, reform the offender, exact punishment for the offense, and prevent additional crimes.
3. What is the difference between a public prosecutor and a defence lawyer?
A prosecutor is a lawyer working for the government who defends those who are accused of breaching the law whereas a defence lawyer’s primary responsibility is to represent and defend clients in court. They frequently handle cases from start to finish when working in private offices or law companies.
4. How many sections are in CrPC?
The Code of criminal procedure contains 484 sections in 37 chapters, along with 56 forms and 2 schedules.
5. What are the 5 pillars of criminal justice?
Investigating agencies, prosecution, defense, judges, and prison officials are the 5 pillars of criminal justice in India.