INTRODUCTION

In this paper, I shall be arguing that criminal law is necessary because it is inevitable or
inescapable due to its pervasiveness. In the word criminal there is a hidden word crime which
means serious offence or unlawful activity. There are some main reason that assist crime like
victim of unfair ruling, depression, drugs, poverty, racism, regionalism, revenge etc. so this
reasons make the link between crime and criminal law which tries to prevent the society from
crimes. Criminal law is the organ of law which regulates the crime as well as criminals. In the
light of the above, I analyse the theory and objectives of criminal law which seek to justify the
existence of criminal law as retribution, deterrence, incapacitation, rehabilitation, restoration and
punishment that balance the scale of justice among the people. Lastly I will try to say the existing
criminal justice system of the country needs reform to better fulfill the purpose of criminal law
which play vital role in our legal system.
Since the effects of criminal law could not be observed by any scientific method , we shall be
using theories of law :
1. What criminal law tries to do
2. Is it necessary that criminal law be there for order to exist
3. Does criminal ensure that order prevails
Inevitable means if we want to avoid anything, we can not avoid because its control beyond our
power so crime also come in the scope of inevitableness because it is not possible to control the
crime and regulates the criminal without criminal law. Due to this link between criminal law and
crime criminal law is inevitable. India is very vast and populated country . It has about millions
of villages, thousands of district, different types of states as linguistic. Criminal law concern with
public, society rather than mere individual or private thus it is easy for every person to deal with
crime. India is a developing country and there are many places in india where the people has
been still suffering from serious crime and they are afraid of criminals, also they do not know
how to tackle with crime and criminals. Let see a hypothetical example, supposed a middle class
family lived in a village. In this family there are three members mother, father and their daughter
named yavanika. So yavanika went to college daily .the distance from the college and her house
about ten km. she boarded bus till eight km and after eight km there is no vehicle facility so she

walked to home in between path, two strange people irritate her(abuse her) and also tried to
assault her. One day she violently slapped both people due to their irritation. After this both
people went to her house murdered her parents and raped her heinously. She admitted to the
hospital for her treatment. They had no any relatives to file a complaint against such strange
people. If criminal law will not be here, who file complainst on behalf of a victim, how will
strange accused punish. They will easily escape from criminal liability. Police also will not take
interest in any case because there will not any provision to take action due to unavailability of
criminal law. They will continuously repeat their crime and none of them available to tackle this
problem, if some people will try to lodge a complaint against accused, probably they will also
kill them because there will not any law to take action against him and slowly the rule of law will
be converted to the rule of men, so how can we say that criminal law is not necessary, there is no
only single reason that criminal law is not necessary and there is no any alternative of criminal
law because as we know criminal law deals with individual as well as public interest. No
individual decide that he want to sue or no,t it does not matter. In this law state take interest to
prosecute, moreover even if an individual citizen do crime behind closed door the state has an
interest.

As the researcher discuss in the introduction that criminal law is pervasive. There are two
question in the mind first one is what is pervasiveness of criminal law and what is it mean,
perhaps it means vastness or spreading widely, it is correct but the researther draw your attention
towards deep mean and jugde as profoundly. Criminal law open the way of coersive behavior
against any offender, it does not matter, which family the offender belongs or what background
he have and what power he have, in front of criminal law. This may be the most distinction
between criminal law from any other law because e.g. in civil law what injuri to be done
compensated to the plaintiff by the defendant. So we conclude one of the above factor matter in
civil law. Let see an example to define pervasiveness of criminal law