Introduction
Criminal law is a legal system related to crime. It prohibits behaviours that are deemed to threaten, endanger, or otherwise endanger the property, health, safety, and moral well-being of people including personal self. Most criminal laws are established by statutory laws, that is, the laws are made by the legislature. The criminal law includes punishment and reform of offenders. Criminal law differs due to different jurisdictions, and unlike civil law, the latter focuses more on dispute settlement and compensation for victims rather then punishment of rehabilitation.
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Objectives
1.To deter the offenders
from committing any criminal act in the future.
2.To prevent the
occurance of crime.
3.To compensate the
victims as far as possible.
4.To rehabitate and the
transgressors and the criminals.
5.To maintain law and
order in the society.
6.To punish the transgressors and the criminals.
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Principle
Legality, actus reus, mens rea, fusion of actus reus and
mens rea. Harm. Causation and stipulation of punishment.
Causes
Poverty, unemployment,
peer pressure, politics, drugs, religion, family conditions, society,
deprivation, slow judicial system.
Kinds
There are Four kinds :
1.Personal crimes - Which
are committed by an offender against another person.
Examples : Rape, Assault
etc.
Case Laws : 1) Tukaram
and Another Vs. State of Maharashtra (Mathura Rape Case) (1972)
2)
K. M. Nanavati Vs. State of Maharashtra (1959)
The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment on Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
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2.Property crimes - a victim’s
property is stolen or destroyed, without the use or threat of force against the
victim.
Examples : Robbery,
Fraud, Theft etc.
Case Laws : 1) Shyam
Behari Vs. State of Uttar Pradesh (1956) (Dacoity Case)
3.Inchoate crimes -
Inchoate offences refer to “incomplete offences.” In a literal sense, the word
inchoate means ‘unfinished’ or ‘underdeveloped.’ It helps or aids in the final
crime.
Examples : It includes abetment by conspiracy, abetment by illegal omission, legal impossibility, factual impossibility.
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4.Statutory crimes – Are violation of specific state or federal
statue. They may involve either property of fences or personal offence.
Example : Alcohol related
crimes such as DUI or selling alcohol to a minor.
Difference between
Criminal Law and Civil Law
1)
Definitions :
Criminal
laws at the local, state, and federal levels define criminal
activity and provide legal penalties for those who commit arson, assault, and
theft. Criminal law cases are only conducted through the criminal court system.
On the other hand Civil law deals with the private rights of individuals. When an individual’s rights are violated or there are disputes with other individuals or organizations, civil law will apply. Certain matters of civil law are handled outside the courts, such as through a third-party mediator. Alternatively, litigation can be resolved through non-criminal trials.
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2)
Legal Penalties :
In
a criminal case, the judge sentenced the defendant
to the guilty jury. Judges must abide by the sentencing guidelines established
by the current criminal law. In these sentencing guidelines, judges have
certain discretion. Legal penalties in criminal cases may include imprisonment,
probation and fines.
In
civil cases, the jury can order the defendant to be liable for
wrongdoing and pay compensation (economic compensation) to the plaintiff.
Compensation can be made for quantifiable losses (such as medical expenses) or
subjective losses. Sometimes the jury may award additional punitive damages.
3)
Burden of proof :
Criminal courts and civil courts have different standards. In the criminal court, the defendant was acquitted or found guilty without reasonable doubt. It is the responsibility of the state or federal government to prove that the defendant is undoubtedly a crime. In Criminal Law burden of proof is Beyond a Reasonable Doubt.
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In
the civil court, the plaintiff filed a lawsuit against the defendant. The
burden of proof shall be borne by the plaintiff, and the plaintiff must prove
that the defendant is more likely to be responsible for the problem. If the
jury finds that the defendant is responsible, it is said that the defendant is
responsible and not guilty. In Civil Law burden of proof is Preponderant
of The Evidence.
In short criminal law differentiate from civil law as
-
Criminal
Law is a public injury. This prosecuted by Government. In this law attorney
provided, if defendant cannot afford one. In criminal law conviction may result
in civil disabilities or loss of liberty. In this law penalties potentially
include loss of liberty.
Civil Law is a private injury or private wrong. In this law plaintiff sues defendant. Parties must provide their own attorney. In civil law there are no disabilities and no loss of liberty and penalties are typically monetary.
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Acts of Criminal Law in
India
Indian criminal laws are mainly categorized into 3 major
acts, those are “Indian Penal Code, 1860, Code of Criminal Procedure,1973 and
Indian Evidence Act, 1872.” The Indian Penal Code (IPC) in main Act which gives
knowledge of crime & criminal acts
and the punishment they ought to be charged with. The important goal of the
Criminal Procedure Code is to provide the defendant with an opportunity to
conduct a fair trial based on principle of natural justice. Ensuring a fair trial
neither harm any right of the defendants nor unreasonably deprives them of
their rights. The most important tool that the court can use to reconstruct a
case and bring justice is facts. The definition of fact is given in the
Evidence Act,1872, evidence means and includes all such statements which the
court allows or needs to be presented before it by the witness in connection to
matter of fact under inquiry.
Amendments
Some Amendment Acts of Indian Penal
Code, Code of Procedure and Criminal Law are given below :
1)Indian Penal Code
The Indian Penal Code
Amendment Act, 1870
The Indian Penal Code
Amendment Act, 1882
The Indian Penal Code
Amendment Act, 1910
The Indian Penal Code Amendment Act, 1995
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2)Code of Criminal
Procedure
The Code of Criminal Procedure
Act, 1882
The Code of Criminal
Procedure Act, 1949
The Code of Criminal
Procedure Act, 1955
The Code of Criminal
Procedure Act, 2005
3)Indian Criminal Law
The Indian Criminal Law
Amendment Act, 1882
The Indian Criminal Law
Amendment Act, 1958
The Indian Criminal Law
Amendment Act, 1993
The Indian Criminal Law
Amendment Act, 2018
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Conclusion
The purpose of criminal law is to
protect individual rights and protect the weak from strong, law-abiding,
illegal and violent laws. The state has established certain rules of conduct,
sanction for violation of these acts, and mechanism aimed at imposing sanctions
and produces to protect the mechanism.
The elements of a crime should be legal in nature, Actus
Reus, causation, harm, Mens Rea. For every crime there is punishment. It has
five recognized purposes – deterrence, incapacitation, rehabilitation,
retribution and restitution. And here are kinds those are capital punishment,
imprisonment, fine etc.
The present situation of criminal law enforcement is well
and good also under control but some more and strict implementation of law is
needed in cases like cyber crime, crimes related to women and children. For
that purpose judiciary legislation playing important role.
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References
2.https://www.lawteacher.net/lectures/criminal-law/general-inchoate-offences/
Authors-
1. Kumbhar Dhanashri Popat
2. Patil Vasudha Satish
Class- LLB2
Shahaji Law College, Kolhapur. (Affiliated to Shivaji University, Kolhapur )
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