Criminal Law

Criminal Law

The body of law pertaining to crime is known as criminal law. It forbids actions deemed dangerous, damaging, or otherwise jeopardising the welfare, safety, health, and property of others, including oneself. The majority of criminal laws are formed by statute, meaning that a legislature enacts them. People who break the law are punished and rehabilitated under criminal law.

Jurisdiction-specific criminal law differs from civil law, which places more of an emphasis on victim compensation and dispute settlement than on punishment or rehabilitation.

Criminal procedure is a structured official process that verifies the commission of a crime and permits the criminal to receive punishment or rehabilitation.

Objectives of criminal law

Criminal law stands out due to the extremely severe penalties or repercussions that could result from breaking its laws. [9] Criminal ingredients make up every crime. In many jurisdictions, the death penalty may be applied to the most egregious offenses. Whipping and caning are examples of physical or corporal punishment, however they are illegal in many parts of the world. Depending on the jurisdiction, people may be imprisoned in jail or prison under a number of different circumstances. One may be confined alone. The length of time spent behind bars can vary from day to day. Inmates may be subject to house arrest and other forms of government monitoring, and as part of a parole or probationary program, they may be expected to follow specific rules. A person found guilty of a crime may also be subject to fines and the seizure of their property or money.

It is generally agreed upon that the five goals of criminal law enforcement through sanctions are retribution, deterrence, incapacitation, rehabilitation, and restoration. Jurisdictions vary in how much importance should be given to each.

Retribution : There should be some sort of punishment for criminals. The most popular objective is this one. Since criminals have unfairly benefited from or caused harm to others, the criminal code will place offenders at a disadvantage in order to “balance the scales.” Individuals submit to the law in order to obtain the right to be free from murder, and they relinquish these rights in the event that they violate the law. Therefore, a murderer may be put to death himself. The concept of “righting the balance” is part of a similar notion.

Deterrence : The specific perpetrator is the target of individual deterrence. The goal is to provide a punishment that is severe enough to deter future criminal activity. The goal of general deterrence is society as a whole. When people who commit crimes face consequences, it deters others from doing the same crimes.

Incapacitation : Designed just to protect the public from the wrongdoing of criminals by keeping them out of society. Today, jail time is frequently used to do this, and the death penalty or exile also accomplish the same goal.

Rehabilitation : Intends to turn a criminal into a useful contributor to society. Convincing the offender that his actions were improper is its main objective in order to stop additional offenses.

Restoration : This notion of punishment is victim-centered. The objective is to use governmental power to make up for any harm the perpetrator may have caused the victim. An embezzler, for instance, will have to pay back the money that was wrongfully obtained. Restoration, or getting the victim back to where they were before the injury, is closely tied to civil law notions and is frequently paired with other primary criminal justice purposes.

Important elements of illegal activity as defined by Indian criminal laws

Let’s have a look at the key elements of crime as defined by criminal laws since it is crucial to comprehend what constitutes a crime and when it will be committed.

A crime is any action that violates the law or is subject to legal penalties. “Crime is an act committed or omitted in violation of a public law either forbidding or commanding it,” according to Blackstone. In India, criminal responsibility is based on the tenet “actus non facit reum, nisi mens sit rea,” which states that an act is not guilty unless it is performed with a guilty intent. It is important to remember that this maxim is regarded as the fundamental tenet of all criminal law. Additionally, this maxim identifies the two most important components of a crime, which are:

actus reus and
mens rea

Lord Kenyon stated that “the intent and act must both concur to constitute a crime” in the well-known case of Fowler v. Padget (1798). Let’s now examine the fundamental components that make up a crime.

Individual or human being

According to the first component, a human being must have committed the wrong. The criminal code does not apply to any wrongdoing by an animal. As a result, the person who is accused of a crime must be physically present, be bound by the law to behave in a certain way, and be in good enough health to receive the appropriate punishment.

It is important to remember that the term “person” include “any company or association or body of persons, whether incorporated or not,” according to Section 11 of the Indian Penal Code. Therefore, a natural person, an artificial person (a business, organization, or group of people), and a legal person (like an idol) are all included in the definition above.

Mens rea

One of the most important components of crime is mens rea, or a guilty mind. The Indian Penal Code and other criminal laws do not provide a clear definition of mens rea; however, it has been included in the following way:

In many parts of the IPC, provisions pertaining to the “state of mind” required to commit a particular offense have been inserted using words like knowingly, voluntarily, purposefully, etc.
Chapter IV of the IPC contains rules pertaining to “General Exceptions,” which include the idea of mens rea. For example, under Section 82 of the IPC, a 7-year-old juvenile is completely free from any wrongdoing. Furthermore, because there is no mens rea, a person who causes an accident while carrying out a legal task or doing so out of the highest necessity to stop a wrongdoing or subsequent offense will not be held accountable under Sections 80 and 81 of the IPC.

Actus reus

Actus reus, or an act that is prohibited by law, such as homicide (the killing of a human being), rape, theft, sedition, etc., is another necessary component of a crime. Unless it is prohibited by law, the incident will not be regarded as actus reus, regardless of the suffering or damage it has caused.

Interesting fact: The phrase “actus reus” was first used by Professor Kenny, who described it as “such a result of human conduct as the law seeks to prevent”.

Harm caused

According to Section 44 of the IPC, any harm or injury inflicted on an individual in their “body, mind, reputation, or property” is considered a crime and constitutes the subsequent element of hurt or injury or damage induced to the victim.

Therefore, based on the criteria given above, it may be concluded that harm or injury can be caused to

A person (rape, murder, etc.);
Property (stealing, mischief, robbery, etc.);
Mentality (cheating);
Reputation, including slander.

Furthermore, a person is accountable for the primary cause of his actions rather than any indirect ones. In other words, under this section, an individual is only accountable for the inevitable results of his conduct.

Forbidden act

As previously mentioned, unless otherwise specified, an offense must be prohibited by the law or the current legal system in order to have been committed. It is a well-established principle in criminal law that an act cannot be punished retroactively if it was not illegal at the time it was committed.

Punishment

A criminal penalty must be applied to an act or omission. These penalties can range from the death penalty to incarceration and/or a fine. It is also crucial that the offender does not receive two punishments for the same offense, or be tormented twice for the same offense.

Relativity

Since a behavior that might be illegal in one place might not be in another, it is a very complicated topic to research. For example, gambling and alcohol consumption in a club might not be crimes. William Taft has referred to this variable description as “blue laws.”

Purpose of Criminal Law

Civil law addresses the interests of persons, as was previously mentioned. Criminal law, on the other hand, addresses the needs of the general public. Protecting people’s interests and assisting in the upkeep of societal order and stability are the primary goals of criminal law.

The following is a definition of the fundamental goal of criminal law:

To protect, serve and limit the actions of individuals

Within the criminal justice system, laws have several functions. Nonetheless, the primary objective of criminal law is to serve, protect, and serve as a guide for human behavior.

When it comes to dealing with criminals in the current period, there are three options:

Capital penalty,
Private actions, and
Executive power.

It should be noted that, while both private action and executive control are advantageous in terms of cost and speed, they pose significant risks that prevent their use unless in rare circumstances.

To punish the offender

The second objective of criminal law is to punish the offender. Punishing the wrongdoer is the most important objective of criminal law since it discourages them from doing the crime again while also making the offender pay for it. Retribution does not necessarily imply physical punishment or incarceration for the perpetrator; it may also include rehabilitation and financial retribution, among other things.

To protect society from criminals

The final objective of criminal law is to protect society from wrongdoers. Criminal law is a mechanism by which the community protects itself from individuals who pose a threat to it. Such a purpose is typically achieved through the issuance of verdicts or judgments, which are intended to deter criminals from repeating the same offense again.

Criminal law serves several objectives, but it is determined by people’s perspectives or how they perceive it. Some of them are implemented to separate offenders from the community, rehabilitate the perpetrator, and penalize the offender. Nonetheless, criminal law serves two primary functions:

To punish offenders ,
Establish a social definition of good and wrong.

Types of criminal offences

Crimes can be categorized based on how horrible they are. Around the world, a number of behaviors are considered criminal offenses. Nonetheless, these behaviors fall into five main groups, which are as follows:

Criminal offence against a person

The physical integrity of the body is protected by many criminal legislation. The classic definition of battery is an illegal touching, however this does not encompass regular knocks and jolts that individuals silently accept to since they are in a throng. In addition to being assault, instilling a fear of impending battery may result in criminal culpability. One particularly serious type of battery is rape, or non-consensual sexual contact.

Criminal property offence

The criminal law frequently provides protection for property. Unauthorized access to another person’s real property is known as trespassing. Penalties for conversion, embezzlement, and theft are found in many criminal statutes; these offenses all entail deprivations of property worth. Theft by force is what robbery is. In the UK, fraud is defined as a violation of the Fraud Act 2006 by deception, withholding information, or abusing one’s position.

Inchoate criminal offences

Crimes that were started but not finished are known as inchoate crimes. Such an offense facilitates the commission of more offenses. Furthermore, in order for such actions to be considered criminal offenses, the perpetrator must actively or significantly contribute to the commission of the crime in order to be found guilty. In certain situations, the penalty may be less severe, but in others, the punishment for committing such an offense may be as harsh as the penalty for the underlying crime. Here are a few examples of inchoate criminal offenses:

Attempting,
Conspiring,
Assisting,
Abetting, etc.

The best methods for reducing crime

People who violate the law are generally regarded as rebellious and are frequently identified as criminals or culprits. However, when there are great leaders like Nelson Mandela and Mahatma Gandhi who battled against the injustices of the governments in South Africa and India and changed the community with their beliefs, such a generalization cannot be considered true.

Crimes are a result of social conditions prevalent in society. Bob Roshier (1989) opined that people, in general, wish to commit a wrong when they have a feeling that they have been wronged, but due to a general belief of conformity and a number of considerations like loss of affection, status, finance, and security, they are persuaded to commit wrongs. He also believed that the fear of punishment or fine also restrains an individual from committing a wrong.

The following controlling agents of crime and the steps taken to prevent such a crime have been identified by theorists:

Family

It is frequently observed that children raised by a single parent, in broken homes, or in failed families will typically, though not always, exhibit certain reprehensible behaviors. Even though single-parent households had the highest number of deviants, studies by Morash and Rucker showed that this was also true for respectable households that belonged to a lower income hierarchy. To combat the rising number of delinquents, the government in industrialized nations has proposed that these households should make it easy for their children to be adopted by a respectable household in order to secure their future safety.

School

Students have been shown to be significantly impacted by the school’s incentive and punishment system. A pupil would always stay in discipline if they were afraid of their peers making fun of or disparaging them.

According to Zingraff’s research, schools do have an effect on encouraging kids to follow the law.

Religion

People are often devout, particularly in nations like India, and the idea of being retributed or condemned to hell after death has a disincentive effect on people’s thoughts. Furthermore, the people are greatly influenced by the religious writings, words, and actions of leaders.

For instance, Muslims are not allowed to collect income on their investments. This stops the supporters listed below from engaging in any behavior that could result in financial fraud or even speculative actions that could cause economic crime.

Social disparity

As the famous philosopher Engles once said, “A person who is demoralized will eventually tend to become a criminal, just as water will turn into steam after reaching a certain boiling point.” People have seen that crime rates have increased, which has led to more destitute living conditions for those in need.

Police

The responsibility of detecting, investigating, and controlling crimes is committed to police, who are considered an official agency for the eradication of crimes in society. If a police officer suspects someone of a crime, he is also authorized to bring a case against that person. The police are an effective crime-controlling force because of the power that is granted to them.

Penalties and punishments

Punishing the criminal through the legal system is a common way to regulate crimes. In addition to having a deterrent impact on potential criminals, such a punishment makes convicts fearful and further stops them from committing a crime. Most criminals fear the prospect of committing a crime because they are typically afraid of punishments like the death penalty, jail time, or even a fine.

If the government can regulate how these activities are carried out, many social injustices can be put to rest. Holding up his production license, for instance, can control a producer who is held accountable for publicly disposal of hazardous substances.

For both individual and business clients, we have been effectively managing a wide range of criminal cases, particularly those including the following:

Money theft on a criminal scale;
Criminal conspiracy, criminal breach of trust,
Dishonor of check under the N.I. Act.
Fraud and malice;
SEBI, FEMA, the Passport Act, the Immigration Act, and other laws punish a variety of economic offenses.
Marriage-related offenses include (a) offenses that are prohibited under the Dowry Act, (b) the Domestic Violence Act, and (c) 498A, 406 IPC, and others.
Theft, robbery, extortion, cheating, breach of trust, misappropriation of property, and other property-related offenses
Crimes against the human body, such as rape, kidnapping, unnatural sex, murder, suicide, dowry death, and causing death by negligence;
Violation of standards for weights and measures, public safety, decency, and morality;
Violation of the public’s right to justice and peace;

We provided our client with legal services (defense and prosecution) at every stage, from case registration to final disposition.

submitting a criminal complaint and defending it in accordance with various provisions and sections of the Indian Penal Code, the Companies Act, the Factories Act, the Food Adulteration Act, the Passport Act, the NDPS Act, and the Arms Act, among other laws.
Bringing a complaint before a magistrate in accordance with section 138 of the N. I. Act.
Criminal trial in front of a magistrate or session court;
Filing a revision, appeal, criminal writ, or petition under Cr.P.C. sec. 482 contesting the conviction or acquittal.
Submitting regular bail applications to criminal courts;
Submitting and debating applications for anticipatory bail in session and high courts;
Legal assistance in registering a criminal complaint or FIR under the Domestic Violence Act, the Dowry Prohibition Act, 498A, 406, etc.