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Criminal Law

Criminal law encompasses a set of legal principles that outline which actions are considered crimes and how the government can prosecute individuals who engage in such unlawful behavior. Federal, state, and local authorities each maintain their penal codes, which outline the specific crimes they prohibit and the corresponding penalties for offenders. Those who violate these laws may be subjected to fines, probation, or imprisonment. The enforcement of criminal law is carried out by prosecuting attorneys representing the government in lawsuits against criminals.


Criminal law governs a range of offenses, including felonies and misdemeanors, which are deemed offenses against the state. The standard of proof required for crimes is "beyond a reasonable doubt." In India, criminal law encompasses offenses against the state and is regulated by statutes such as the Indian Penal Code, Criminal Procedure Code (CrPC), and the Indian Evidence Act.


Criminal law primarily deals with conduct that poses a threat to public safety and welfare, and it establishes punishments for committing such acts. For instance, laws prohibiting murder are part of substantive criminal law, defining the crimes and their corresponding penalties. On the other hand, Criminal Procedure refers to the process through which the government enforces these substantive laws. It involves gathering evidence and prosecuting offenders, which is considered a procedural aspect of criminal law.


The erstwhile criminal laws of India, particularly the Indian Penal Code(IPC), 1860 and the Indian Evidence Act, 1872, were long criticized for being steeped in colonial ideology and a pre-independence mindset—an impression evident even from a plain reading of several of their provisions. In response to sustained debate and public discourse, and with the intent of shedding the colonial legacy of British-era legislation, three new criminal laws came into force on 1 July 2024: the Bharatiya Nyaya Sanhita (BNS), the Bhartiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). These enactments respectively replaced the Indian Penal Code, 1860; the Code of Criminal Procedure, 1973; and the Indian Evidence Act, 1872.


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Section 302 IPC/103 BNS-Punishment for Murder
The act of committing murder carries two possible penalties: either a death sentence or life imprisonment, along with the obligation to pay a fine. Murder convictions can result in either a death sentence or life imprisonment, accompanied by the requirement to pay a fine.
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Section 307 IPC/109 BNS – Attempt to Murder
Under IPC, Section 307 Clause 2 prescribes the death penalty only for an attempt to murder by a life-convict, but alternate punishment is given in Section 109(2) of the BNS, which states that "be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life".
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Section 226 BNS-Attempt to commit suicide To compel or Restraint Exercise of lawful Power
Attempting suicide to pressure or prevent a public servant from performing official duties is punishable with up to one year’s simple imprisonment, fine, or both. Such an attempt remains a punishable offence when intended to obstruct public officials.
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Section 363 IPC/137(1) BNS - Punishment for Kidnapping
The act of kidnapping any individual from India or from their lawful guardianship is a punishable offense. The person committing this act shall face imprisonment for a duration of up to seven years, in addition to being liable to pay a fine.
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Section 376 IPC/64 BNS- Punishment for Rape
The commission of sexual assault will result in punishment. The individual responsible shall be subject to imprisonment, with a term not less than seven years and not exceeding ten years, along with the obligation to pay a fine. For further information on Section 376 and related matters, please feel free to contact us to discuss the legal provisions.
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Section 392 IPC/309(4)BNS-Punishment for robbery
Those who engage in robbery will face punishment in the form of rigorous imprisonment for a duration that can extend up to ten years, along with the requirement to pay a fine. If the robbery takes place on a highway between sunset and sunrise, the imprisonment period may be extended to fourteen years.
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Section 147 IPC/191(2)BNS- Punishment for rioting
The offense of rioting is addressed in Section 147 of the IPC. It states that those found guilty of rioting will be subjected to imprisonment for a period that may extend to two years, or a fine, or both, as deemed appropriate by the court. Rioting, as outlined in Section 147 of the IPC, may lead to imprisonment, a fine, or both.
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Section 351 IPC/130 BNS- Assault
An individual who intentionally or knowingly makes a gesture or takes any preparatory action that causes another person to fear that criminal force is about to be used against them commits an assault. Assault can occur when someone intentionally or knowingly makes gestures or preparatory actions that create fear in another person of impending criminal force.
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Section 354A IPC/75 BNS- Sexual Harassment
Sexual harassment includes unwanted physical contact and advances, as well as demands or requests for sexual favors, or the display of pornography. This is a crime with one of the most numbers of cases reported in India. Know more about this Section.
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Section 378 IPC/303(1)BNS- Theft
The act of theft occurs when someone, with the intention of dishonestly taking movable property without the owner's consent, moves the property with the purpose of carrying out the theft.It constitutes a criminal offense, leading to legal consequences and potential penalties.
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Section 103(2)BNS-Mob Lynching
Targeted violence by a group of five or more persons based on religion, caste, gender, or other identity factors, resulting in death. Punishment: Life imprisonment or death penalty. Why it matters: This is the first time mob lynching has been clearly recognized as a criminal offence under Indian law.
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Section 499 IPC/356(1) BNS- Defamation
Defamation occurs when someone communicates or publishes a false statement, accusation, or false imputation about another person, whether through spoken words, written communication, gestures, or any other medium.
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Section 468 IPC/336(3) BNS- Forgery for purpose of cheating
Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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Section 12A of the SEBI Act, 1992
Section 12A of the SEBI Act, 1992, pertains to the prohibition and punishment for insider trading in securities markets, aiming to ensure fairness, transparency, and integrity within the financial system. That signifies Section 12A.
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Prevention of Money Laundering Act, 2002 (PMLA)
The Prevention of Money Laundering Act, 2002 (PMLA) is a crucial legislation in India that focuses on preventing and combating money laundering and the generation of illicit proceeds, providing a framework for investigation.
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Section 66E of the Information Technology Act, 2000
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years.

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