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CHARACTERISTICS OF CRIMINAL LAW :

By: Sanghamitra Dutta


(LAM18009)
Dipshreya Das (LAM18007)
Criminal law :
Sets of law that relates to crime
Criminal law refers to a body of laws that apply to criminal acts
Criminal law is that branch of municipal law which defines crimes,
treats of their nature and provides for their punishment
Punishment to people who violates the law
Public law
Indian Criminal Law
Indian Criminal Laws are divided into two parts :
 General principle of criminal liability
 Criminal procedure for preventing crime and promoting justice

Acts to assist these two :


i. Indian Penal Code, 1860
ii. Code of Criminal Procedure 1973
iii. Indian Evidence Act, 1872
Besides these major acts, special Criminal Laws are also passed by the
Indian Parliament i.e.
Prevention of Corruption Act, 1988
Food Adulteration Act, 1954
Dowry Prevention Act,1961
the Defence of India Act, etc. thousands of minor laws are made in India.
Lays down the ways and
means by which substantive
law can be enforced

Procedural law Code of Criminal Procedure 1973

Indian Criminal Law Indian Evidence Act, 1872

Substantive Law Indian Penal Code, 1860

Establish the rights and obligations


of individuals, what individuals may
or may not do
Basis for Comparison Procedural Law Substantive Law

Procedural law is a law that


Substantive Law is the law that
specifies the practice, procedure
Meaning states the rights and obligations
and machinery for the imposition of
of the parties concerned.
rights and duties.

Governs How legal case flows? How people should behave?

Applicable to legal and non-legal


Context Applicable to legal context only
context.

Governance By statutory law. By act of parliament.

Initiation and prosecution of civil and Rights of parties and punishment


Defines
criminal lawsuits. for wrongdoer.

Related to Matters inside the court Matters outside the court


INDIAN PENAL CODE, 1860
Drafted in the year 1860 on recommendation of First Law Commission
Work of Lord Macaulay
Commenced from 1st January, 1862
Applicable throughout India except Jammu and Kashmir
 Extra-territorial jurisdiction

 All the person including foreigners on the Indian soil are subjected to the
provisions of Indian Penal Code.

 However only President, Governors while holding their offices and foreign
sovereigns and Ambassadors have been given immunity from criminal
liability for all acts under the color of their office.

 The Indian Penal Code have extremely bright for the controlling the crime and
offences committed by any person as whether in the Indian territories or
anywhere in the world.
 Abetment
Criminal Conspiracy
Offences against State
Offence relating to human body
23 chapters Offences relating to public tranquility
and 511 Offences relating to public safety
sections Offences relating to property
Criminal breach of contract
Marriage
attempt
CODE OF CRIMINAL PROCEDURE :
Received the assent of the President of India on January 25, 1974 and came into
force on April 1, 1974.
The Act is divided into 38 chapters, 2 schedules and 56 forms with total 484
sections
Applicable to the whole of India except the state of Jammu and Kashmir . The
provisions of this code, other than those relating to chapters VIII,X and XI thereof,
shall not apply
To the state of Nagaland and the tribal areas in Assam
Concerned state Government may, by notification, apply such provisions or any of
them to the whole or part of the state of Nagaland or such tribal areas, as the case
may be specified in the notification.
Main objective:
Administration on substantive criminal law in India which provides the
• Machinery for the investigation of crime,
• Apprehension of suspected criminals,
• Collection of evidence,
• Determination of guilt or innocence of the accused person and the
determination of punishment of the guilty.

Additionally, it also deals with public nuisance, prevention of offences and


maintenance of wife and children.
INDIAN EVIDENCE ACT, 1872
Year the Indian Evidence Act was passed– 1872

Date the Indian Evidence Act was commenced(meaning begin; come into action)– 1 September
1872

Origin of the Indian Evidence Act– The Indian Evidence Act was originally passed by The
Imperial Legislative Council during the British Raj.

Main Motto of the Indian Evidence Act– TO SET A FIXED RULE FOR ALL, REGARDING THE
ADMISSIBILITY OF EVIDENCE IN INDIAN COURTS.

Total Number of Parts in the Indian Evidence Act– 3


a) What to prove (5-55)
b) Who to prove (100-115)
c) How to prove (rest of sections)
Total Number of Chapters in the Indian Evidence Act– 11
Total Number of Sections in the Indian Evidence Act– 167
Indian Evidence Act (IEA) makes provisions about rules
regarding evidence and applies to all judicial
proceedings in or before any court
OBJECTIVE:
That parties to the case are given full opportunity to prove their
case,
To ensure that every dispute must come to an end
The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) is an Indian
legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya
Sabha on 21 March 2013, which provides for amendment of Indian Penal
Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws
related to sexual offences. The Bill received Presidential assent on 2 April
2013 and came into force from 3 April 2013. It was originally an Ordinance
promulgated by the President of India, Pranab Mukherjee, on 3 April 2013, in
light of the protests in the 2012 Delhi gang rape caseThis new Act has
expressly recognized certain acts as offences which were dealt under related
laws. These new offences like, acid attack, sexual harassment, voyeurism,
stalking have been incorporated into the Indian Penal Code
Criminal Law (Amendment) Act, 2018
 Kathua rape case

Amendment of IPC, Cr.PC, IEA and POCSO Act,2012

Minimum punishment for rape of women extended to 20 years from 10


years and maximum punishment is life imprisonment.
Age of Criminal Law (Amendment)
Offence Punishment under IPC, 1860
woman Bill, 2018

· Minimum: 10 years · Minimum: 20 years


Rape · Maximum: life · Maximum: life
imprisonment imprisonment or death
Below 12
years · Minimum: life
· Minimum: 20 years
imprisonment
Gang Rape · Maximum: life
· Maximum: life
imprisonment
imprisonment or death
· Minimum: 10 years
· Minimum: 20 years
Rape · Maximum: life
· Maximum: no change
imprisonment
Below 16
years · Minimum: life
· Minimum: 20 years
imprisonment
Gang Rape · Maximum: life
· Maximum: no
imprisonment
provision
· Minimum: 7 years
16 years · Minimum: 10 years
Rape · Maximum: life
and above · Maximum: no change
imprisonment
CONCLUSION:

 Ensure social conduct

 To protect life and liberty of people

 Generality : Uniform application of criminal law to all people regardless of


caste, sex , religion etc.

 Territoriality : Within the territory of India