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  • INDIAN CRIMINAL JURISPUDENCE

    INDIAN CRIMINAL JURISPUDENCE

    What is the criminal Law in India?

    From the antiquity the Indian society has always been governed by specific set of law like the i.e. Harappan Civilization but it differs in terms of its regulations from time to time

    Ancient:

    In the ancient times laws were often linked with divine origin for their validation it was often unjust and biased but people did not have enough exposure to rectify the problems.

    There was altogether no uniform system and religious text use to guide the citizens. Dharma which prescribed the moral and legal duty. Manusmriti, Arthashastra.

    Crime was seen as adharma. And the criminal procedures were often conducted in royal courts and by royal officers.

    Medieval:

    Things started to become complex with the advent of monarchial rule being established because this time the last verdict was not rational but the decision of the king.

    More often the monarch tried to provide their subject justice but not always it was carried out. The punishments were also arbitrary and with no mercy considered.

    Pre Independence Era:

    With the inception of the British colony in India and overthrow existing norms they tried to impose their form of law on our society as there was not uniform law whatsoever with the regional difference taken in account.

    Under the law commission of British India headed by lord Thomas Babington Macaulay the first uniform legal codes were enacted through governor general Lord canning in 1860 the Indian Penal Code, Criminal Procedure code and the Indian Evidence act.

    As been mentioned previously law in India was followed in accordance with the divinity, to make things more systematic the British enforced these laws.

    Post Independence:

    Even after independence the government of the countries restructured the pre-established law according to our country and enforced it only.

    Contemporary Situations:

    The situations change altogether, as to remove all the leftovers of the British government the old criminal laws were replaced with the new ones in 2023. IPC was changed into Bharatiya Nyaya Sanhita

    CrPC was replaced with Bharatiya Nagarik Suraksha Sanhita, further the Indian evidence act was replaced with Bhartiya sakshya adhiniyam to deal with the changing and diverse society of ours.

    IPC:

    IPC refers to as Indian Penal Code. That came in effect in 1860 under the British raj the main purpose of introduction of this particular law was to prevail a unifying criminal justice system.

    IPC is enacted when the crime is already committed and the offender is already been convicted in the judicial process.

    It was drafted by the first Law commission of India (1834) which was headed and chaired by lord Thomas Babington Macaulay, and it was enforced by governor general lord canning.

    Even after partition both of the country’s government took its form of IPC, restructured and modified according to their country. After serving the country till 2023 with 511 section and 23 chapter it was finally replaced with BNS.

    CrPC:

    The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India.

    It was enacted in 1973 and came into force on 1 April 1974.

    It 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.

    It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

    On 11 August 2023, a Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced in the Lok Sabha. On 26 December 2023, it was replaced with Bharatiya Nagarik Suraksha Sanhita (BNSS).

    IEA:

    The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872 during the British Raj, contains a set of rules and related provisions governing the admissibility of evidence in Indian courts of law.

    The India Evidence Act was replaced by the Bharatiya Sakshya Adhiniyam on 1 July 2024.

    The enactment and adoption of the Indian Evidence Act was a significant development in India, transforming the system of rules regarding the admissibility of evidence in Indian courts of law.

    Until then, the rules of evidence were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position.

    The Indian Evidence Act introduced a standard set of law applicable to all Indians.

    The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.

    In some Islamic-majority legal systems, such as Palestinian law and Iranian law, commercial law still well into the 21st century, relies heavily on testimonial evidence or customary law, rather than documentary evidence.

    The New Criminal Law:

    BNS:

    The Bharatiya Nyaya Sanhita (BNS), 2023 (Bhartiya Nyaya Sanhita Indian Justice Code (IJC), 2023) is the new criminal code of India. It came into effect on 01 July 2024, after being passed by the Parliament in December 2023, replacing the colonial-era Indian Penal Code of 1860 (IPC).

    In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped.

    The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences.

    A mandatory minimum punishment has been introduced for 23 offences. A sentence of community service has been introduced for six offences.

    • Offences against the body: The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. It adds new offences such as organized crime, terrorism, and murder or grievous hurt by a group on certain grounds.
    • Sexual offences against women: The BNS retains the provisions of the IPC on rape, voyeurism, stalking and insulting the modesty of a woman. It increases the threshold for the victim to be classified as an adult, in the case of gang rape, from 16 to 18 years of age.
    • Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
    • Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India’s sovereignty, unity and integrity.
    • Offences against the public: The BNS adds new offences such as environmental pollution and human trafficking.

    BNSS:

    The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Bhartiya Nagarik Suraksha Sanhita Indian Citizen Safety Code (ICSC), 2023), is the main legislation on procedure for administration of substantive criminal law in India

    Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC.

    Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial.

    Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

    When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.

    Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.

    The following are some of the key changes made in the BNSS:

    Arrest: The BNSS expands the grounds for arrest and allows for arrest without a warrant in a wider range of cases.

    Investigation: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period.

    Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period.

    BSA:

    The Bharatiya Sakshya Adhiniyam (BSA), 2023 Bhartiya Saskya Adhiniyam Indian Evidence Act (IEA), 2023) is an Act of the Parliament of India.

  • CRIME AND CRIMINAL: PUNISHMENTS & ITS TYPES

    CRIME AND CRIMINAL: PUNISHMENTS & ITS TYPES

    What kind of activities shall be classified under the term “Crime” or be called “Criminal”?

    Any act or omission of offences which may be or ought to be committed against a person or a society and is punishable by law can be called a crime and the person or group of people committing it may be called criminals.

    The law to regulate such activities can be named as criminal Law.

    Criminal Law varies according to jurisdiction as due to the dynamism and diverseness of the society and also differs from civil law where emphasis is more on compensation rather than punishment.

    Separate procedures are carried out in the eye of rule of law to settle the dispute conducted.

    Elements of a crime:

    Any activity weighing with the burden of the harsh and rigorous punishment requires preparation and various elements for its enactment

    1. Human Being: Any actions or omission that is classified under crime or guilty in the eye of the law shall or has to be committed against a human and should cost him safety or life hazard.
    2. Actus Rea: A Latin term used for defining Guilty Act. It is said that anybody shall not be held on the basis of their preparation or intention of committing a crime there has to be an act that is found guilty.
    3. Mens Rea: A Latin term literally meaning Guilty mind referring if a crime is committed it has to have a person with the intent to actually commit that instance. That’s why an unsound mind is often not guilty in the eye of law. “Actus non facit Reum nisi mens sit rea” literally meaning an act does not make a person guilty unless the mind is also guilty
    4. Injury: With the commitment of a crime an injury or harm is must as it is said but numerous times on the basis of apprehension people are accused.

    Punishment:

    Unlike any other forms of law, the criminal law specifically emphasizes on punishment. It is a legal repercussion after the conviction imposed by the state. There are various theory advocating for the rationality of punishment.

    For instance, the deterrent theory aims to create fear in society, the retributive theory is a form revenge by the state, where as the reformative gives a chance the offender by rehabilitating.

    Punishment is of various types:

    1. Death Penalty: An offence that caused the death of the victim and has utmost serious importance of the state requires the offender to pay by their life. More often this form of punishment has highly criticized as no one has the right to take someone’s life not even the state.
    2. Imprisonment: After commitment of the crime when the punishment is served in detention or in the judicial custody that kind of punishment is known as imprisonment. Imprisonment is of 3 types: Simple: It is the most basic imprisonment where offender has to live in detention for a tenure prescribed by the court. Rigorous: This type also has tenure but varies in terms of livelihood as it is much harsher. The offender has to serve the society by doing some work. Life: With the gravity of crime increasing the offender has to spend the rest of his life behind the bars.

        3. Seizure of property: Sometimes in accordance with the intensity of offence often property of the offender is seized.

    Stages of crime:

    1. Intention. It is the mental stage where a person decides to commit a crime. In criminal law prevailing this stage is not punishable unless your thoughts were expressed through conduct.

    2. Preparation. The arrangement of means by the offender is considered under preparation, this is not punishable except for some crucial scenario. Preparation with explosive substance, preparation to commute dacoity and robbery.

    3. Attempt. The direct movement toward the commission of the offence and it is punishable even if the crime fails. But as mentioned earlier the offender has to be fit to sound mind.

    4. Commission. With the completion and execution of crime the commission and crimes end.

    Conclusion:-

    Facing criminal charges can be daunting, but understanding potential punishments is the first step toward building a defense, connect with experienced criminal lawyers who can evaluate your case and fight for the best outcome.

    Find an Expert Defense Lawyer

  • WHAT IS CRIMINAL LAW? A COMPLETE GUIDE

    WHAT IS CRIMINAL LAW? A COMPLETE GUIDE

    Introduction

    Criminal law is a branch of law that deals with crimes, punishment, and the legal procedures used to prosecute individuals accused of committing offences. It is designed to protect society by defining actions that are considered harmful or dangerous and prescribing penalties for those who violate these rules.

    Criminal law helps maintain public order, safety, and justice by ensuring that individuals who commit offences face legal consequences through established judicial processes.

    What Is Criminal Law?

    Criminal law refers to a body of rules and regulations that define criminal offences and prescribe punishments for those who commit them.

    Activities that harm individuals, threaten public safety, or endanger society are classified as crimes. When such laws are violated, the offender may face penalties such as fines, imprisonment, or in extreme cases, the death penalty.

    In most democratic countries, including India, criminal laws are created and enforced through a structured system involving different branches of government.

    • Legislature: Enacts laws by passing legislation.
    • Executive: Enforces the laws through police and administrative authorities.
    • Judiciary: Interprets the law and delivers justice when violations occur.

    Theories of Punishment in Criminal Law

    Various theories explain the purpose and justification of punishment within criminal law. Some of the major theories include:

    Retributive Theory of Justice

    The retributive theory is based on the concept of “an eye for an eye.” In ancient societies, the punishment given to an offender often mirrored the harm caused by the crime. Although historically common, this approach is considered harsh and less acceptable in modern legal systems.

    Preventive Theory of Justice

    The preventive theory focuses on preventing future crimes by restricting or incapacitating the offender. In earlier societies, offenders were often isolated or removed from the community to protect the rest of the population.

    Deterrent Theory of Justice

    The deterrent theory aims to discourage crime by imposing strict and severe punishments. The idea is that harsh consequences will discourage both the offender and others from committing similar crimes in the future.

    Reformative Theory of Justice

    The reformative theory emphasizes rehabilitation rather than punishment. It seeks to reform offenders by providing opportunities for education, counseling, and social reintegration. This theory is widely accepted in modern criminal justice systems.

    History of Criminal Law

    The criminal law system we see today developed gradually over centuries and was not present in early human societies.

    In primitive civilizations, there was little distinction between civil and criminal matters. Societies were largely nomadic and lacked structured governance. Disputes and crimes were often resolved through direct retaliation.

    The first known codified legal systems appeared in ancient Mesopotamian civilizations. Although these laws were strict and sometimes unequal due to class distinctions, they represented an early attempt to regulate social conduct.

    In the Indian subcontinent, early legal frameworks can be traced back to around 200 BCE through texts such as Manusmriti and Kautilya’s Arthashastra during the Mauryan Empire.

    Later, Greek and Roman civilizations made significant contributions to legal development. They introduced formal judicial procedures, state-administered justice, and important legal concepts such as mens rea (the intention behind committing a crime).

    Roman law greatly influenced modern legal systems by clearly distinguishing between criminal offences and civil wrongs while promoting principles like the presumption of innocence and fair trials.

    During the medieval period, legal systems in many regions became harsh and arbitrary under monarchic rule, often involving severe punishments and torture.

    With the emergence of the modern era, legal systems began to focus more on rational governance, human behavior, and the rule of law. Arbitrary state power was gradually restricted, and structured legal institutions were established.

    During colonial periods, many colonial powers imposed their own legal codes in occupied territories. After gaining independence, many nations reformed or restructured these laws to better suit their social, cultural, and constitutional frameworks.

    Today, criminal law continues to evolve as societies change, with increasing emphasis on fairness, human rights, and rehabilitation.

    Conclusion

    Understanding criminal law is essential for recognizing how societies maintain order and justice. The evolution of criminal law reflects humanity’s effort to balance punishment, deterrence, and rehabilitation.

    If you are facing legal uncertainties or require clarification regarding criminal charges or procedures, seeking professional legal advice can help you better understand your rights and available legal remedies.

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    Frequently Asked Questions

    How are criminal law cases handled by Lawizer?

    Lawizer connects individuals with experienced criminal law advocates who specialize in handling criminal cases and providing legal guidance.

    What is the difference between a cognizable offence and a non-cognizable offence?

    A cognizable offence (such as murder, rape, or dowry death) allows the police to arrest an accused person without a warrant and begin an investigation without prior court approval.

    A non-cognizable offence (such as minor assault or certain forgery cases) requires a warrant for arrest and court permission before an investigation can begin.

    Can I get bail before arrest?

    Yes, a person who fears arrest may apply for anticipatory bail. This is a legal provision where the court directs that the individual be released on bail in the event of an arrest.

    Anticipatory bail is often used when a person believes they may be falsely implicated in a criminal case.

  • HOW TO INCORPORATE A PRIVATE LIMITED COMPANY IN INDIA: A COMPLETE STEP-BY-STEP GUIDE

    HOW TO INCORPORATE A PRIVATE LIMITED COMPANY IN INDIA: A COMPLETE STEP-BY-STEP GUIDE

    Starting a business in India begins with choosing the right legal structure. Among all business entities, a Private Limited Company is the most preferred choice for startups, entrepreneurs, and growing businesses due to its credibility, limited liability, and scalability. In this blog, we explain what a private limited company is, eligibility criteria, step-by-step incorporation process, and how Lawizer simplifies company registration for you.

    What Is a Private Limited Company?

    A Private Limited Company (Pvt Ltd) is a business entity registered under the Companies Act, 2013, where the liability of shareholders is limited to their shareholding. It is a separate legal entity, meaning the company has its own legal identity distinct from its owners.

    Key Features:

    • Separate legal entity
    • Limited liability protection
    • Perpetual succession
    • Easy transferability of shares (restricted)
    • Higher trust among investors and customers

    Eligibility Criteria to Incorporate a Private Limited Company:

    To register a private limited company in India, the following eligibility requirements must be met:

    1. Minimum 2 Directors (maximum 15)
    2. Minimum 2 Shareholders (directors can be shareholders)
    3. At least one director must be an Indian resident
    4. Unique company name
    5. Registered office address in India
    6. Directors must have DIN (Director Identification Number) and DSC (Digital Signature Certificate)

    Step-by-Step Process to Incorporate a Private Limited Company:

    Documents Required for Private Limited Company Registration

    • PAN and Aadhaar of directors
    • Passport (for foreign nationals, if any)
    • Address proof (bank statement / utility bill)
    • Registered office proof (rent agreement / ownership document)
    • Passport-size photographs

    Step 1: Obtain Digital Signature Certificate (DSC)

    DSC is mandatory for filing online incorporation documents with the Ministry of Corporate Affairs (MCA).

    Step 2: Apply for Director Identification Number (DIN)

    DIN is required for all proposed directors of the company.

    Step 3: Name Approval (SPICe+ Part A)

    Choose a unique company name and apply for approval through the MCA portal.

    Step 4: Draft MOA & AOA

    • MOA (Memorandum of Association) defines the company’s objectives.
    • AOA (Articles of Association) defines internal rules and management.

    Step 5: File SPICe+ Form (Part B)

    Submit incorporation documents, registered office details, PAN, TAN, and GST (optional) in a single form.

    Step 6: Certificate of Incorporation

    Once approved, the Registrar of Companies (ROC) issues the Certificate of Incorporation, officially registering your private limited company.

    How Lawizer Helps You Incorporate a Private Limited Company

    Lawizer is a trusted legaltech platform that simplifies the entire company incorporation process through expert-driven, tech-enabled solutions.

    Why Choose Lawizer?

    • ✅ End-to-end company registration support
    • ✅ Verified corporate lawyers & CS professionals
    • ✅ Fast, affordable, and transparent pricing
    • ✅ Expert drafting of MOA & AOA
    • ✅ Real-time updates and dedicated support
    • ✅ Secure document handling

    With Lawizer, you don’t need to worry about complex legal procedures, compliance errors, or delays. Our experts handle everything—from name approval to final incorporation—so you can focus on growing your business.

    Conclusion

    Incorporating a private limited company is a smart step toward building a credible and scalable business. While the legal process may seem complex, the right legaltech partner can make it effortless. Lawizer ensures a smooth, compliant, and hassle-free incorporation experience—trusted by entrepreneurs, startups, and businesses across India.

    👉 Get your Private Limited Company registered today with Lawizer.