"Might
is right" was the rule of law in the uncivilized society. Neither
himself nor his property was safe from other persons. In India, criminal
justice system begun with Manu. The King was the head of the justice
system and if King was unable decide something , then the matter was
handed over to judges.With the passage of time, different criminal laws
came into existence. During the British period in India, efforts were
made to adopt a uniform law for whole of India.Now the criminal law in
India can be explained under four heads which is almost same for whole
of India except in J &K state or some parts of the a few states.
Indian Penal Code(IPC) :
The
Indian Penal Code was drafted by the 1st law commission of India under
the chairmanship of Lord Macaule in the year 1834 and commission
presented its report in the year 1837.With a lot of changes the final
bill was passed and the Indian Penal Code(act 45 of 1860) came into
existence in the year 1860. The Indian Penal Code has been explained in
twenty-eight chapters and 511 sections. It is not possible to discuss
every chapter in detail here in this page of the blog. Important
sections of the IPC will be discussed in the home posts of the blog.The
chapters of the Indian Penal Code are given below :
1) Introduction
2) General exceptions
3) Punishments
4) General exceptions
5) Abetment
5A) Criminal conspiracy
6) Offences against state
7) Offences relating to the army,navy and air-force
8) Offences against the public tranquillity
9) Offences by or relating to public servants
9A) Offences relating to elections
10) Contempt of lawful authority of public servants
11) False evidence and offences against public justice
12) Offences relating to coin and govt stamps
13) Offences relating to weigh and measures
14)
Offences affecting the public health,
convenience,decency and morals
15) Offences relating to religion
16) Offences affecting human body
17) Offences against property
18) Offences relating to document and property marks
19) Criminal breach of contracts of service
20) Offences relating to marriage
20A) Cruelty by husband or relatives of husband
21) Defamation
22) Criminal intimidation, insult and annoyance
23) Attempts to commit offences.
Criminal procedure code(CrPC) :
There were different acts for the guidance of police/courts in different erstwhile provinces and presidency towns.These acts were 1st consolidated in the year 1852.This was replaced from time to time.The procedure which is applicable to all the criminal proceedings in India( J&K and Nagaland and Tribal areas in Assam) is in the criminal procedure code,1898.The code has been amended from time to time.The code has been written in 37 chapters containing 484 sections.The names of chapters are as :
1) Preliminary
2) Constitution of criminal courts and offices
3) Powers of courts
4A) Power of superior officers of police
4B) Aid to the magistrates and police
5) Arrests of persons
6) Processes to compel appearance
>summons
>warrant of arrest
>proclamation and attachment
>other rules regarding processes
7) Process to compel the production of things
7A) Reciprocal arrangements for assistance in certain matters
and procedures for attachment and forfeiture of property
8) Security for keeping the peace and for good behaviour
9) Order for maintenance of wives, children and parents
10) Maintenance of public order and tranquillity
11) Preventive action of the police
12) Information to the police and their power to investigate
13) Jurisdiction of the criminal courts in inquiries and trials
14) Conditions requisites for initiation of proceedings
15) Complaints to magistrates
16) Commencement of proceedings before magistrates
17) The charge
18) Trial before a court of session
19) Trial of warrant-cases by magistrates
20) Trial of summons-cases by magistrates
21) Summary trials
21A) Plea bargaining
22) Attendance of persons confined or detained in prisons
23) Evidence in inquiries and trials
24) General provisions as to inquiry and trials
25) Provisions as to accused persons of unsound mind
26) Provisions as to offences affecting the administration of
justice
27) The judgement
28) Submission of death sentences for confirmation
29) Appeals
30) Reference and revisions
31) Transfer of criminal cases
32) Execution, suspension, remission and commutation of
sentences
33) Provisions as to bail and bonds
34) Disposal of property
35) Irregular proceedings
36) Limitation for taking cognizance of certain offences
37) Miscellaneous.
Indian evidence act :
When a consolidated judicial system was introduced in India, it became to enact law relating to evidence so that court may come to some conclusion about the facts of the case and to pronounce judgements.The select committee constituted to prepare the evidence bill was submitted in the year 1872. The Indian Evidence Bill came into force on 1st day of September, 1872(act 1 of 1872).The Indian Evidence Act has been explained in three parts and eleven chapters containing 167 sections.The names of the chapters of act are given below :
Part 1
1) Preliminary
2) Of the relevancy of facts
Part 2
3) Facts which need not be proved
4) Of oral evidence
5) Of documentary evidence
6) Of the exclusion of oral or documentary evidence
Part 3
7) Of the burden of proof
8) Estoppel
9) Of witnesses
10) Of the examination of witnesses
11) Of improper admission and rejection of evidence.
Local and special laws :
There are some other acts known as Local and special laws or criminal minor acts in which special provisions have been provided which are not generally covered under the Indian Penal Codes. These acts are enforced time to time as per the prevalent circumstances.A list of some of such acts is provided below :
1) The Actuaries Act, 2006
2) The Advocates Act,1961
3) The Air (Prevention and Control of Pollution) Act, 1981
4) The Air Force Act, 1950
5) The Ancient Monument Prevention and Archaeological Site
and Remains Act, 1958
6) The Ancient Monuments Prevention Act, 1904
7) The Anti-Hijacking Act,1982
8) The Antiquities and Art Treasures Act,1972
9) The Armed Forces Act, 1947
10) The Arms Act, 1959
11) The Arms Rules,1962
12) The Atomic Energy Act, 1962
13) The Benami Transactions (Prohibition) Act,1988
14) The Biological Diversity Act,2002
15) The Bounded Labour (Abolition) Act,1976
16) The Cable Television Network (Regulation) Act,1995
17) The Cattle Trespass Act, 1871
18) The Central Excise Act, 1944
19) The Central Vigilance Commission Act,2003
20) The Chit Funds Act,1982
21) The Cinematography Act, 1952
22) The Citizenship Act,1952
23) The Commission of Sati Act, 1987
24) The Commissions of Inquiries Act,1952
25) The Conservation Foreign Exchange and Prevention of
Smuggling Activities Act,1974
26) The Contempt of Courts Act,1971
27) The Copyright Act,1957
28) The Credit Information Companies (Regulation) Act,2005
29) The Customs Act,1962
30) The Dangerous Machines (Regulation) Act, 1983
31) The Delhi Special Police Establishment Act,1946
32) The Departmental Inquiries Act,1972
33) The Dowry Prohibition Act,1961
34) The Dowry Prohibition Rules,1985
35) The Drugs and Cosmetics Act ,1940
36) The Drugs and Magic Remedies Act, 1954
37) The Drugs (Control) Act,1950
38) The Electricity Act,2003
39) The Emblems and Names (Prevention of Improper use) Act,
1959
40) The Emigration Act, 1983
41) The Environment (Protection) Act,1986
42) The Essential Commodities Act,1955
43) The Essential Services Maintenance Act,1981
44) The Explosives Act,1884
45) The Explosive Substances Act,1908
46) The Extradition Act,1962
47) The Fatal Accidents Act,1855
48) The Food Safety and Standards Act,2006Geographical
49) The Foreign Exchange and Management Act,1999
50) The Foreigners Act, 1946
51) The Indian Forest Act, 1927
52) The Geographical Indications of Goods (Registration
and Protection) Act, 1952
53) The Identification of prisoners Act, 1920
54) The Immoral Traffic Act, 1956
55) The Indecent Representation of women(Prohibition)
Act, 1986
56) The Infants Milk Substitutes,Feeding Bottles and Infant
Foods Act, 1992
57) The Inflammable Substances Act, 1952
58) The Information Technology Act, 1952
59) The Juvenile Justice Act, 2000
60) The Lotteries Act, 1998
61) The Maharashtra Control of Organised Crime Act, 1999
62) The Medical Termination of Pregnancy Act,2003
63) The Mental Health Act, 1987
64) The Motor Vehicles Act, 1988
65) The Muslim Women Act,1986
66) The Narcotics Drugs and Psychotropic Substances
Act,1986
67) The National Environment Tribunal Act, 1955
68) The National Securities Act, 1980
69) The Negotiable Instruments Act, 1981
70) The Oaths Act, 1969
71) The Official Secrets Act, 1923
72) The Passports Act,1967
73) The Places of Worship Act, 1991
74) The Poisons Act, 1919
75) The Police Act, 1861
76) The (Incitement and Disaffection) Act,1922
77) The Police Forces (Restriction of rights) Act,1966
78) The Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of sex) Act,1980
79) The Press and Registration of books Act,1867
80) The Prevention of Black marketing and Maintenance
of supplies of Essential Commodities Act,1980
81) The Prevention of corruption Act,1988
81) The Prevention of Cruelty to Animals Act,1960
82) The Prevention of Damage to Public Property Act, 1984
83) The Prevention of Food Adulteration Act,1954
84) The Prevention of Illicit Traffic in Narcotics Drugs and
Psychotropic Substances Act, 1988
85) The Prevention of Insult to National Honour Act, 1971
86) The Prevention of Seditious Meetings Act, 1911
87) The Prevention of Terrorism Act, 2002
88) The Prisoners Act, 1900
89) The Prisoners( Attendance in Courts) Act,1955
90) The Prisons Act, 1894
91) The Private Security Agencies (Regulation) Act, 2005
92) The Probation of Offenders Act, 1958
93) The Prohibition of Child Marriage Act, 2006
94) The Prohibition on Sale of Cigarettes and other Tobacco
Products Around Educational Institutions Rules, 2004
95) The Protection of Civil Rights Act,1955
96) The Protection of Human Rights Act,1993
97) The Protection of Plants Varieties and Farmers Rights
Act, 2001
98) The Protection of Women from Domestic Violence Act,
1971
99) The Public Gambling Act,1867
100) The Public Premises (Eviction of Unauthorised
Occupants) Act, 1971
101) The Public Servants (Inquiries) Act, 1850
102) The Railway Act, 1989
103) The Railway Protection Force Act, 1957
104) The Registration of Foreigners Act,1939
105) The Religious Institutions (Prevention of Misuse) Act, 1988
106) The Repatriation of Prisoners Act, 2003
107) The Representations of Prisoners Act, 1951
108) The Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act,1989
109) The Semiconductor Integrated Circuits Layout Design
Act, 2000
110) The Small Coins (Offences) Act, 1971
111) The Smugglers and Foreign Exchange Manipulators
( Forfeiture of property) Act, 1976
112) The Special Protection Group Act, 1988
113) The Standards of Weights and Measures Act,1976
114) The Standards of Weights and Measures ( Enforcement)
Act, 1985
115) The State Emblem if India(Prohibition of Improper
Use) Act, 2004
116) The Indian Telegraph Act, 1885
117) The Telegraph wires( Unlawful Possession) Act,1950
118) The Terrorist Affected Areas (Special Courts) Act, 1984
119) The Trade Marks Acts, 1999
120) The Transfers of Prisoners Act, 1950
121) The Transplantation of Human Organs Act, 1994
122) The Indian Treasure and Trove Act, 1878
123) The Unlawful Activities (Prevention) Act, 1967
124) The Water (Prevention and Control of Pollution) Act, 1974
125) The Weapon of Mass Destruction and their Delivery
System (Prohibition of Unlawful activities) Act,2005
126) The Wild Life (Protection) Act, 1972
127) The Young Persons (Harmful Publications) Act, 1956
These are the four heads under which almost all the crime
is dealt in India. We will try to explain all the heads as mentioned
above with the help of examples later in our posts. It is also important
to mention here that all the information provided in this blog in only
informative and not for the legal purposes.
