In India we have three major criminal laws which have a general
application and are also known as general laws as they apply to all persons and
places that are subject to it. The three major criminal laws in India are as follows:
1. The Indian Penal Code, 1860:
As per the Preamble to the Indian Penal Code, ‘Whereas it is expedient
to provide a general Penal Code for India, this Penal Code is enacted.’ The
Indian Penal Code is also known as IPC in short. This Penal Code exclusively
deals with the substantive aspect of the criminal law in India. The term
substantive aspect means that the rights, duties and punishments for not
adhering with the law are laid down in this Code. Substantive law is a kind of
law which means the law that governs the rights and obligations of those who
are subject to it.
In-order to understand as to what constitutes a particular crime and the
punishments for the same, one can refer the Indian Penal Code. Though the term
crime is not defined under the Code but the term offence is denoted as a thing
made punishable under the Code. The Indian Penal Code covers a number of
offences such as : Offences against and relating to State, public tranquility,
human body, property, marriage etc.
The Indian Penal Code was drafted under the Chairmanship of Lord
Macaulay by the First Law Commission during the British rule in India. Though
this Code is one of the oldest Code but most of the provisions still hold good
even today. The Indian Penal Code contains definitions of several terms along
with penal provisions and also illustrations making the reader understand the
Code in a better manner. There are also general exceptions mentioned in the
Code which are specific acts that are exempted from the category of offences under
the Indian Penal Code.
2. The Code of Criminal Procedure, 1973
As per Section 4 of the Code of Criminal Procedure, all offences under
the Indian Penal Code shall be investigated, inquired into, tried and dealt
with according to the provisions contained in the Code of Criminal Procedure.
Thus, this Code is procedural law which lays down the procedure to enforce the
rights, duties and obligations mentioned under the Indian Penal Code.
The major purpose of the Criminal Procedure Code is to provide fair
trial to the accused where trial means the process of determining whether the
accused is guilty or innocent. The Code also aims to avoid unnecessary delay in
the investigation so that justice may be done as fast as possible. Some of the
Chapters under the Code of Criminal Procedure are as follows: Constitution of
Criminal Courts and Offices, Power of Courts, Powers of superior officers of
Police, Arrest of persons, Complaints to Magistrates etc.
One would find a lot of Chapters dealing with the procedural aspect
covered under this Code. There are also provisions to provide relief and
necessary facilities to the poorer sections of the society. Unlike the Indian
Penal Code which is substantive in nature i.e., defining offences and
prescribing punishments, we find the Criminal Procedure Code to be procedural
in nature i.e., it lays down the machinery and the procedure for trying and
punishing the offences mentioned under the Indian Penal Code. This Code aids in
protecting the ones who are victims to crime.
3. The Indian Evidence Act, 1872.
As per the Preamble to the Indian Evidence Act, this Act was passed to
consolidate, define and amend the law relating to the law of evidence. In-order
to enforce any rights or duties when a particular offence is committed under
the Indian Penal Code through the procedure laid down in the Code of Criminal
Procedure, one needs to provide evidence to the Court of justice. Thus, the
Indian Evidence Act exclusively deals with the conditions, criteria and kinds
of evidences that one needs to provide in the Court in-order to get justice.
Justice in simple words can be understood as being just and fair. The
concept of justice revolves around the idea that all have the right to be
treated with dignity and fairness no matter who they are. Justice is one of the
most important moral values in the sphere of law. The essence of justice is to
treat people equitably.
As per the Indian Evidence Act, ‘Evidence’ means and includes 1. All
statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry; such statements are
called oral evidence. 2. All documents including electronic records produced
for the inspection of the Court, such documents are called documentary
evidence.
Some of the Chapters under the Indian Evidence Act are as follows:
Relevancy of Facts, Facts which need not be proved, Oral Evidence, Documentary
Evidence, Production and effect of evidence, examination of witnesses etc. Thus,
the Evidence Act is concerned with the mode of proving whether a particular
person has committed an offence or not.
These are the three major laws in India dealing with crimes. These three
laws are inter-related to each other and require a combined study in-order to
have a better understanding of the criminal laws in India. The Indian Penal
Code defines several offences and lays down the punishments for such offences
whereas the Criminal Procedure Code deals with the rules and procedures of
investigating the crimes or offences mentioned under the Indian Penal Code and
the Indian Evidence Act on the other hand is concerned with the mode of proving
whether a person is guilty or not guilty of a particular crime.
The major aim of criminal law is to protect the social interest of the
people in a society. Crime is a public wrong and is a breach and violation of public
rights and duties. In criminal law the proceedings are instituted by the State.
In crime, intention plays an important role and strict rules of procedure and
principles are followed in fixing the wrong done to the victim.
