Criminal Law

Criminal law is the foundation of justice, ensuring safety, peace, and order in society. It deals with crimes such as theft, assault, fraud, cybercrime, murder, and more, prescribing punishments to wrongdoers and safeguarding victims.

? Evolution of Criminal Law in India

Earlier, India followed colonial-era laws:

  • Indian Penal Code, 1860 (IPC)

  • Code of Criminal Procedure, 1973 (CrPC)

  • Indian Evidence Act, 1872

? From 1st July 2024, these laws were replaced by three new legislations:

  1. Bharatiya Nyaya Sanhita, 2023 (BNS) – Replaces IPC

  2. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Replaces CrPC

  3. Bharatiya Sakshya Adhiniyam, 2023 (BSA) – Replaces Indian Evidence Act


? Categories of Criminal Offences

  1. Against Human Body – murder, assault, rape, kidnapping, dowry death.

  2. Against Property – theft, robbery, burglary, cheating, criminal breach of trust.

  3. Against the State – sedition, waging war, terrorism.

  4. Against Public Order – riots, unlawful assembly, public nuisance.

  5. Economic & White-Collar Crimes – corruption, money laundering, fraud, cybercrime.

  6. Cyber Crimes – hacking, phishing, online fraud, identity theft.


? Classification by Procedure

  • Cognizable Offences – Police can register FIR & arrest without court approval (e.g., murder, robbery).

  • Non-Cognizable Offences – Police need prior court approval (e.g., defamation, minor hurt).

  • Bailable Offences – Accused has a right to bail (e.g., minor theft).

  • Non-Bailable Offences – Bail only at court’s discretion (e.g., murder, rape).


?? Punishments under Criminal Law

According to Bharatiya Nyaya Sanhita, 2023 (BNS):

  • Death Penalty (in rarest of rare cases)

  • Life Imprisonment

  • Imprisonment (rigorous or simple)

  • Fine

  • Forfeiture of Property

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