Criminal Law

Explore various aspects of Criminal Law including IPC, CrPC, NDPS, POCSO, and Cybercrime.

📜 Criminal Law of India

Criminal law is the body of law that deals with offenses against society and prescribes punishments for crimes. It aims to maintain law and order by punishing wrongdoers and ensuring justice for victims.

Major Governing Laws

  • Indian Penal Code (IPC), 1860

    The primary criminal code that defines crimes and prescribes punishments

  • Code of Criminal Procedure (CrPC), 1973

    Establishes the procedural aspects of investigation, trial, and punishment

  • Indian Evidence Act, 1872

    Sets rules for admitting and examining evidence in courts

Additional Special Laws

  • NDPS Act (Narcotic Drugs & Psychotropic Substances Act)

    Deals with drug-related offenses and their prevention

  • POCSO Act (Protection of Children from Sexual Offences)

    Specifically addresses sexual offenses against children

  • IT Act, 2000 (Cybercrime Laws)

    Covers electronic crimes and digital evidence

1️⃣ Indian Penal Code (IPC), 1860


The IPC is the primary law that defines crimes and prescribes punishments. It is divided into 23 Chapters and 511 Sections, covering various offenses.

🔹 Classification of Offenses Under IPC


(A) Offenses Against the Human Body


  • Murder (Section 302) – Killing a person with intent
  • Culpable Homicide (Section 299 & 304) – Killing without intention
  • Attempt to Murder (Section 307) – Unsuccessful attempt to kill
  • Causing Death by Negligence (Section 304A) – Death due to reckless actions
  • Assault (Section 351-358) – Causing fear of harm or injury
  • Hurt & Grievous Hurt (Sections 319-338) – Physical injuries, severe injuries

(B) Offenses Against Women & Children


  • Rape (Section 375 & 376) –Sexual assault against a woman
  • Sexual Harassment (Section 354A) – Unwelcome advances, molestation
  • Dowry Death (Section 304B) – Death due to dowry harassment
  • Cruelty (Section 498A) – Death due to reckless actions
  • Assault (Section 351-358) – Domestic violence against women
  • Child Abuse (POCSO Act, 2012) –Protection of children from sexual offenses

(C) Offenses Against Property


  • Theft (Section 378-382) – Stealing movable property
  • Extortion (Section 383-389) –Forcing someone to give property using fear
  • Robbery (Section 390-392) – Theft with violence or threat
  • Dacoity (Section 395-398) – Death due to reckless actions
  • Assault (Section 351-358) – Robbery committed by five or more persons
  • Criminal Trespass (Section 441-447) –Unlawful entry into property

(D) Offenses Against Public Order


  • Unlawful Assembly & Rioting (Sections 141-160) – Disturbing peace
  • Public Nuisance (Section 268-290) – Actions affecting public life
  • Promoting Hatred (Section 153A, 295A) – Spreading communal hatred

(E) White-Collar Crimes & Cyber Crimes


  • Cheating (Section 415-420) – Fraudulent deception for gain
  • Forgery (Section 463-471) – Creating fake documents
  • Cybercrime (IT Act, 2000) – Hacking, phishing, identity theft
  • Money Laundering (PMLA Act, 2002) –Concealing illegal money

(F) Offenses Against the State


  • Sedition (Section 124A) –Anti-national activities
  • Treason (Section 121) – Waging war against the country
  • Terrorism (UAPA Act, 1967) –Acts threatening national security

2️⃣ Code of Criminal Procedure (CrPC), 1973


CrPC lays down procedures for investigation, arrest, trial, and punishment. It categorizes offenses as:


    🔹 Cognizable Offenses – Serious crimes (murder, rape) where police can arrest without a warrant
    🔹 Non-Cognizable OffensesLess serious crimes (cheating, defamation) where police need court approval for arrest

🔹 Stages of a Criminal Case Under CrPC

1️⃣ Filing of FIR (First Information Report) (Section 154)

Victim reports a crime to the police

2️⃣ Investigation & Evidence Collection (Section 156-159)

Police gather evidence

2️⃣ Investigation & Evidence Collection (Section 156-159)

Police gather evidence

3️⃣ Arrest & Bail (Sections 41-60))

Accused is arrested or granted bail

4️⃣ Filing of Charge Sheet (Section 173)

Police submit findings to court

5️⃣ Trial Process (Sections 225-237)

Court delivers verdict and punishment/p>

6️⃣ Judgment & Sentencing (Sections 248-250)

Police gather evidence

7️⃣ Appeals & Revisions (Sections 374-394)

Convicted person can appeal in higher courts

3️⃣ Indian Evidence Act, 1872


Defines rules for admissibility of evidence in courts.

🔹 Types of Evidence:


  • Direct Evidence – Eyewitness testimony
  • Circumstantial Evidence – Indirect proof linking the accused to crime
  • Documentary Evidence – Written records, contracts, digital data
  • Electronic Evidence (Section 65B IT Act) – Emails, CCTV footage, call recordings

🔹 Burden of Proof:


  • Criminal cases – Prosecution must prove guilt beyond a reasonable doubt
  • Defenses in Criminal Law – Insanity, self-defense, mistaken identity

4️⃣ Special Criminal Laws in India


Apart from IPC, CrPC, and Evidence Act, several special laws handle specific crimes:

🔹 Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Drug-related crimes

🔹 Protection of Children from Sexual Offenses (POCSO) Act, 2012

Child sexual abuse cases

🔹 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Crimes against SC/ST

🔹 Unlawful Activities (Prevention) Act (UAPA), 1967

Anti-terrorism laws

🔹Prevention of Money Laundering Act (PMLA), 2002

Financial crimes

5️⃣ Punishments Under Criminal Law


Punishments are given based on the severity of the crime.

  • Capital Punishment (Death Sentence) –Rare cases (e.g., terrorism, brutal murder)
  • Life Imprisonment – Rape, murder, treason
  • Imprisonment –Rigorous (with hard labor) or simple (without hard labor)
  • A Fine – Monetary penalty
  • Probation & Community Service –For first-time offenders

6️⃣ Landmark Criminal Law Cases

State of Maharashtra v. Kasab (2012)

26/11 Mumbai terrorist attack trial

Nirbhaya Case (2012)

Rape and murder case that led to stricter laws

Shah Bano Case (1985)

Women's rights in Muslim personal law

Maneka Gandhi Case (1978)

Expanded the meaning of "Right to Life"

Vishaka v. State of Rajasthan (1997)

Guidelines for sexual harassment at the workplace