Criminal Law Departments in India – Detailed Description
Criminal law in India deals with offences against society and the State. Its purpose is to punish offenders, deter future crimes, maintain law and order, and protect victims. Criminal law departments handle everything from registration of crime, investigation, trial, appeals, and enforcement of punishment.
Criminal Law addresses behaviour that threatens, injures, or endangers individuals, communities, or the nation. Its primary objectives include:
Deterrence of unlawful behaviour
Protection of society
Fair investigation and trial
Rehabilitation of offenders
Ensuring justice to victims
All procedures, rights, and obligations under this branch of law are defined by statutory enactments and judicial interpretations.
Core Statutes Governing Criminal Law
Criminal justice in India operates through three primary legislations:
a) Indian Penal Code, 1860 (IPC)
Defines substantive offences such as murder, theft, assault, cheating, kidnapping, sexual offences, and crimes against the State. The IPC lays down the ingredients of each offence and corresponding punishments.
b) Code of Criminal Procedure, 1973 (CrPC)
Provides the procedural framework, including:
FIR registration
Investigation process
Arrest, bail, and custody guidelines
Filing of charge sheet
Trial procedure
Appeals and revisions
c) Indian Evidence Act, 1872
Guides the manner in which evidence is collected, presented, and evaluated during a criminal trial.
These statutes collectively ensure a fair, transparent, and systematic criminal justice process.
Types of Criminal Offences
Criminal offences in India cover a wide spectrum, including:
Offences against the human body: murder, culpable homicide, assault, grievous hurt.
Offences against property: theft, robbery, burglary, dacoity.
Economic offences: fraud, cheating, forgery, financial misrepresentation.
Offences against women and children: domestic violence, sexual offences, dowry-related offences.
Special offences under special laws: narcotics, corruption, terrorism, cybercrime, etc.
Each offence is classified as cognizable/non-cognizable, bailable/non-bailable, and compoundable/non-compoundable as per CrPC.
Criminal Procedure and Investigation
A standard criminal proceeding typically follows these stages:
a) FIR Registration (Section 154, CrPC)
Police record the First Information Report when a cognizable offence is disclosed.
b) Investigation
Includes:
Evidence collection
Witness statements
Forensic examination
Identification parades
Seizure and search
Investigation must adhere to legal safeguards and constitutional rights.
c) Charge Sheet
After completing investigation, police submit a final report (charge sheet) before a Magistrate.
d) Trial
Trials occur before Magistrate Courts or Sessions Courts depending on the seriousness of the offence.
The trial involves:
Framing of charges
Examination of witnesses
Cross-examination
Final arguments
Judgment and sentencing
e) Appeals
Aggrieved parties may approach High Courts and the Supreme Court based on statutory provisions.
Special Criminal Legislations
India has several special statutes created to address specific categories of offences, such as:
NDPS Act, 1985 – narcotic drugs and psychotropic substances
POCSO Act, 2012 – child protection
Dowry Prohibition Act, 1961
Domestic Violence Act, 2005
SC/ST Atrocities Act, 1989
UAPA, 1967 – anti-terror activities
Arms Act, 1959
Each law provides unique definitions, offences, procedures, and penalties.
Juvenile Justice System
Crimes committed by children below 18 years are addressed under the Juvenile Justice (Care & Protection of Children) Act, 2015.
Its approach focuses on:
Rehabilitation
Reformation
Social reintegration
Juvenile Justice Boards and Child Welfare Committees handle such matters with sensitivity and care.
Criminal Appeals and Higher Court Jurisdiction
Appeals form an essential part of the criminal justice process:
Appeals from lower criminal courts go to the Sessions Court, High Court, and ultimately the Supreme Court.
Writ petitions under Articles 32 and 226 are available in cases of violation of fundamental rights.
Special Leave Petitions (SLPs) allow the Supreme Court to examine exceptional matters.
Appeals ensure that justice is reviewed, corrected, and upheld as per law.
Criminal Law FAQs
Bailable offences allow bail as a right; non-bailable require court permission.
Yes, for cognizable offences.
No. Police must file FIR for cognizable offences.
Pre-arrest bail if a person fears arrest.
Police must present the accused before court within 24 hours.
Police’s final investigation report submitted to court.
Yes, under state victim compensation schemes.
Yes, during investigation of certain offences, but seizure must be recorded.
A complaint for offences where police cannot arrest without court order.
They must issue a written notice under Section 41A CrPC.
Court-authorized custody given to police for interrogation.
No. Children are handled under the Juvenile Justice Act.
Custody in jail under court supervision.
No, unless identity is unclear or conditions violated.
A notice to prevent an accused from leaving the country.
Yes, for cognizable offences under Section 43 CrPC.
Yes, if original source and authenticity are proven.
Order to prohibit unlawful assembly in an area.
Only with permission from competent authority.
You can file a counter-complaint for malicious prosecution.
An offence that can be settled between parties with court permission.
Offences that cannot be settled or withdrawn.
A document recording reasons and details of arrest.
No. Forced confession is illegal and inadmissible.
Depends on court order; can be time-bound or absolute.
Yes, if conditions are violated.
Declares a person absconding and wanted.
Police can seize property of absconding accused.
Filing a complaint directly before magistrate instead of police.
No, they must accept and diarize complaints.
Court determines charges based on evidence.
Prosecution must prove guilt beyond reasonable doubt.
Yes, plain-clothes officers can arrest legally.
Yes, FIR copy must be given free of cost.
Order to produce an accused from jail.
Yes, if abuse crosses legal limits.
Yes, under Section 304B IPC.
Yes. Penalties include fine, license suspension, or imprisonment.
Planning or agreeing to commit an illegal act.
Yes, for filing false charges under IPC(BNS).
Unwanted physical contact with intent to outrage modesty.
Yes, under Section 354D IPC.
Yes, punishable under IPC and IT Act.
No. They must notify before filing closure report.
A request to higher court to examine lower court orders.
Statement of a dying person; admissible as strong evidence.
Yes, but court may appoint legal aid for fair trial.