This Article is written by Aditi Shakya from Institute of Law, Jiwaji University Gwalior

Introduction:

On August 15, 1947, India declared its freedom from British colonial domination. Building a robust and efficient judicial system was crucial, in addition to the numerous other difficulties the country faced. Particularly when it comes to criminal legislation, they have changed significantly throughout time to reflect the nation’s changing socioeconomic climate. In order to chart the development of criminal laws in India since the country’s independence, this article will highlight significant laws, changes, and court rulings that have influenced the criminal justice system in that country. The existing Indian criminal justice system is not a creation of modern philosophy. It is from a very distant past. Every state had a different justice and punishment system, and there were different strategies for handling the criminals. The judicial framework regulates the arrangement of legislation through the courts’ organisational structure. The framework gives the injured party the means to resolve their questions, allowing them to proceed in court. Nothing irritates the human heart more than a severe feeling of bad health. The public cannot tolerate a scenario where individuals feel that their complaints will go unanswered.

The term “criminal justice system” refers to the government agencies that are charged with enforcing the law, resolving misconduct, and clearing criminal leads. The criminal justice system uses the criminal equity paradigm as a tool for social control, which includes the fact that society views some behaviours as so dangerous and harmful that it either closely regulates their occurrences or mostly ignores them. The task of equity groups is to stop these activities by apprehending and rebuffing perpetrators or diverting their actions in the future.

The criminal justice system is cumbersome, expensive, and generally awful. The character of a legal ethos and the high price of admission prevent the impoverished from ever reaching the sanctuary of equality. Due to the numerous interests of the judicial system, lawful equality is out of reach for the underprivileged. Increasing the expense of the legal cycle is an abnormal rejection of individual equity, and it directly targets the public disdain of the globe. For the weaker end of the network, the legal structure is no longer credible.

Justice S. S. Dhavan said, “India has the world’s oldest judiciary. No other judicial structure has a more ancient and exalted pedigree.”.

Laws and Regulations:

The Indian Penal Code, 1860:

The main piece of law controlling criminal offences in India is still the Indian Penal Code (IPC), which was written under British rule. The Legislative Council of India passed an Act establishing it in 1860, and since then, it has undergone a number of revisions. There are several sections of the IPC that classify offences into many categories, including crimes against property, public tranquilly, human body, state, and more.

Major Amendments to the IPC:

a) Criminal Law (Amendment) Act, 2013:

The Criminal Law (Amendment) Act was introduced in reaction to the national outcry that followed the horrific gang-rape and murder case of Nirbhaya in 2012. This historic law brought about a number of important changes, including the addition of new crimes including voyeurism, acid assaults, and stalking. It also strengthened the penalties for a number of offences against women, such as rape.

b) Criminal Law (Amendment) Act, 2018:

In response to rising worries about children’s safety and protection, the Criminal Law (Amendment) Act of 2018 was approved. It imposed harsh penalties, including the death sentence in some situations, for crimes including child rape and child pornography.

Special Legislation:

In addition to the IPC, India has enacted various special legislations to address specific crimes and concerns. Some of the significant acts include:

a) The Prevention of Corruption Act, 1988:

The laws pertaining to public officials’ prevention of corruption are consolidated by this Act. The Central Vigilance Commission is one of the anti-corruption bodies that are to be established as part of its efforts to combat corruption in the public sector.

b) The Narcotic Drugs and Psychotropic Substances Act, 1985:

The purpose of this Act is to tackle the growing problem of drug misuse and the illegal trafficking of psychotropic and narcotic drugs. It stipulates severe penalties, confiscation of earnings, and the creation of specialised trial courts.

c) The Protection of Children from Sexual Offences Act, 2012 (POCSO Act):

The POCSO Act was enacted in order to safeguard minors against sexual offences and to guarantee that the judicial system is kid-friendly. It outlines the many types of sexual abuse and imposes severe penalties on violators.

IV. Criminal Procedure Code, 1973:

Another important piece of law that controls the procedural aspects of criminal trials in India is the Criminal Procedure Code (CrPC). The 1973 Criminal Procedure Code (CrPC) offers a thorough framework for the examination, prosecution, and sentencing of criminal offences. It guarantees the defence of the accused’s rights and delineates the roles and responsibilities of many authorities, including the police, courts, and public prosecutors.

VI. Amendments to the CrPC:

a) Criminal Law (Amendment) Act, 2005:

The main goals of this amendment, which significantly altered the CrPC, were to improve victim friendliness and the criminal justice system. Victim impact statements, witness protection measures, and the creation of special courts for the trial of heinous crimes were among the important aspects.

b) Criminal Law (Amendment) Act, 2008:

This amendment highlighted the rights of both victims and accused parties while addressing a number of concerns pertaining to the investigation and trial of criminal cases. It brought in clauses like the right to a fair inquiry, access to legal representation, and the need for police to record their statements.

V. The Juvenile Justice (Care and Protection of Children) Act, 2000:

The care, protection, and rehabilitation of children who are in legal trouble are the main objectives of this act. The Act lays forth guidelines for children’s incorporation into society, reformation, and rehabilitation since it acknowledges that they are vulnerable persons. To handle matters involving children, it creates child welfare committees and special juvenile justice boards.

VI. The National Investigation Agency Act, 2008:

This Act establishes the National Investigation Organization (NIA), a specialized organization tasked with looking into and prosecuting acts pertaining to terrorism and a few other designated crimes. With its nationwide authority, the NIA has played a crucial role in managing intricate cases and facilitating prompt investigations into national security issues.

VII. Cybercrime and Technology:

Rapid technological improvements have created new difficulties in the fight against and response to cybercrimes. Acknowledging this, India passed the Information Technology Act, 2000 (IT Act) to address offences pertaining to cyberbullying, hacking, data breaches, electronic transactions, and identity theft. Over time, the IT Act has undergone several modifications in order to improve cybersecurity and keep up with the constantly changing internet environment.

VIII. Women’s Safety and Gender Justice:

Legislative improvements in India have resulted from a notable emphasis on gender justice and women’s protection. For example, the Criminal Law (Amendment) Act of 2013 recognized new offences such as acid assaults and voyeurism, strengthened the definition of rape, and increased the severity of penalties for sexual offences. These modifications were made with the intention of protecting women more and making sure that those who commit crimes based on their gender are held responsible. In addition, programmers like the Nirbhaya Fund, one-stop centers, and fast-track courts have been put in place to cater to the special needs of victims of sexual offences.

IX. Speedy Trials and Judicial Reforms:

Numerous efforts have been made to alleviate the problems of delay and case pendency in the Indian legal system. To guarantee the prompt resolution of cases pertaining to serious offences, especially sexual crimes, special courts have been formed, such as Mahila Courts (women’s courts) and Fast Track Courts. To lighten the load on the courts and speed case settlement, other conflict resolution techniques, including plea bargaining and mediation, have also been advocated.

X. International Obligations and Extradition:

In order to meet its international commitments and combat transnational crimes, India has also taken action. Justice evaders can be extradited more easily, according to the Extradition Act of 1962. In addition, India has ratified a number of bilateral and international agreements and treaties to fight money laundering, drug trafficking, terrorism, and organised crime.

Contemporary Challenges:

Even though India’s criminal laws have advanced significantly, several issues still exist. Focused attention is still needed in the areas of resource efficiency, enhanced forensic and investigative skills, safeguarding vulnerable populations, and making sure the law is applied equally to all facets of society. The dynamic nature of criminal activity, especially in domains like cybercrime and white-collar offences, demands constant modifications and overhauls of legal frameworks.

Sentencing and Prison Reforms:

A greater focus has been placed on ensuring fair and appropriate punishment as well as improving prison conditions in tandem with legislative developments. With important rulings that highlight the concepts of proportionality, deterrence, and rehabilitation, the Indian judiciary has greatly influenced sentence recommendations. Additionally, initiatives have been undertaken to improve prisoner facilities, encourage rehabilitation and reintegration programmers, and declutter jails.

Combating Corruption:

In India, corruption has long been an issue that has an impact on several facets of society. To combat corruption by public servants, the Prevention of Corruption Act, 1988, was passed in response. This Act’s amendments have strengthened the penalties for bribery, power abuse, and other corrupt activities. The Whistleblowers Protection Act of 2014 also attempts to shield anyone who reports misconduct and corruption in government agencies.

Protection of Human Rights:

The rights to life, liberty, and dignity are among the human rights that India has made great progress in defending and advancing. Through significant rulings, the court has been instrumental in interpreting and upholding these rights. The National Human Rights Commission (NHRC) was founded with the passage of the Protection of Human Rights Act, 1993, to guarantee the upholding and advancement of human rights across the nation. The NHRC looks into claims of infringement of human rights, offers channels for appeal, and encourages public knowledge and instruction on these matters.

Intellectual Property Rights and Counterfeiting:

Intellectual property rights (IPR) needed to be legally protected as the nation’s economy expanded. To protect inventors, artists, and companies from copyright violations and counterfeiting, India passed the Trademarks Act of 1999, the Patents Act of 1970, and the Copyright Act of 1957. These statutes’ amendments have improved IPR enforcement and protection, strengthening India’s already strong legal foundation for intellectual property rights.

Terrorism and National Security Laws:

India has had several difficulties in the fight against terrorism, much like many other nations. Measures to stop terrorism and deal with terrorist groups, operations, and funding are outlined in the Unlawful Activities (Prevention) Act of 1967. This Act has been amended to broaden the definition of terrorist offences, bolster the processes for investigation and prosecution, and improve the procedures for seizing and freezing terrorist assets.

International Cooperation:

Through agreements for reciprocal legal aid, extradition, and cooperative investigations, India actively participates in international collaboration in criminal situations. These partnerships support the sharing of evidence, aid in the extradition and prosecution of fugitives, and encourage cooperation in cases involving organised crime, money laundering, and terrorism.

Environmental Protection Laws:

India has created a strong system of environmental legislation because it understands how important it is to protect the environment. The Environment Protection Act of 1986 establishes standards for environmental impact assessments and deals with the prevention, control, and mitigation of environmental contamination.

Laws like the Forest Conservation Act of 1980 and the Wildlife Protection Act of 1972 also work to preserve and safeguard India’s abundant natural resources and biodiversity.

Consumer Protection Laws:

The Consumer Protection Act was passed in 1986 with the intention of safeguarding the rights and interests of consumers. With the help of this legislation, customers now have a formal framework within which to file complaints, look for remedies, and guarantee honest and fair business operations. The Act has undergone recent revisions that have strengthened the penalties for unfair commercial practices, broadened the scope of consumer protection, and created the Consumer Cases Redressal Commission to effectively handle consumer cases.

Road Safety and Traffic Regulations:

India has passed laws to increase road safety and control traffic in response to the rising incidence of traffic accidents. The Motor Vehicles Act of 1988, together with its ensuing modifications, outlines the procedures for registering, licensing, and regulating motor vehicles. It also addresses the enforcement of traffic laws and the consequences of breaking them. The implementation of technological innovations like digital traffic enforcement systems and computerized toll collection has improved road safety protocols even more.

Data Protection Laws:

India passed the Personal Data Protection Bill in 2019 after realising how crucial it is to safeguard people’s personal information in the digital era. With regard to permission, data localization, and liability for data breaches, this law creates a framework for the processing and protection of personal data. This bill will improve data security measures and allow people more control over their personal data once it is put into effect.

Anti-Discrimination Laws:

India has also taken action to combat prejudice in society and advance equality. The goal of laws like the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is to stop atrocities and prejudice against marginalized populations based on caste. People with disabilities are entitled to equal opportunity, protection, and participation under the 2016 Rights of Persons with Disabilities Act.

Rehabilitation and Reintegration:

Several efforts have been made in recognition of the significance of rehabilitation and reintegrating convicts into society. Certain criminals may be monitored and released under probationary officers rather than being imprisoned, according to the Probation of Criminals Act of 1958. To further aid in the effective reintegration of criminals back into society, programmers including community-based rehabilitation, counselling services, and vocational training are being put into place.

Landmark Judgements:

India’s judiciary has played a crucial role in shaping the framework of criminal laws through various landmark judgements. Some notable judgements include:

a) Vishaka v. State of Rajasthan, 1997:

The Supreme Court established rules in this case to stop and deal with workplace sexual harassment of women. The ruling stressed that it is the responsibility of employers to give women a safe and secure workplace.

b) Mithu v. State of Punjab, 1983:

In this instance, the mandatory death penalty for murder under Section 303 of the IPC was declared unconstitutional by the Supreme Court. The court ruled that the sentencing committee needed to have the latitude to choose the appropriate sentence based on the particulars of each case.

c) Kesavananda Bharati v. State of Kerala, 1973:

The Supreme Court of India developed the “basic structure” theory in this well-known constitutional decision, which maintains that some essential elements of the Constitution cannot be changed by Parliament. The preservation of individual rights and liberties, as well as the supremacy of the Constitution, have been greatly aided by this ruling.

d) Maneka Gandhi v. Union of India, 1978:

This important decision established the concept of “due process” in law, which guarantees that any legislation or process intended to deny someone their personal liberty must be fair, reasonable, and just. It also broadened the definition of the right to personal liberty.

Conclusion:

Since independence, India’s criminal laws have expanded, reflecting the nation’s dedication to fostering a fair and just society. Protecting individual rights and adjusting the legal system to new issues have been made possible in large part by historic rulings and legislative changes. Ongoing attention must be paid to new problems, including gender-based violence, white-collar crimes, and cybercrimes, and the criminal justice system must adapt to these challenges. India can develop a strong and efficient legal system that guarantees justice for all by keeping up with social developments and fixing its flaws.