Key Components of Indian Criminal Law

1. Sources of Criminal Law:

   • Statutory Law: The Indian Penal Code (IPC), 1860, is the primary codified law that defines various crimes and prescribes corresponding punishments.

   • Procedural Law: The Code of Criminal Procedure (CrPC), 1973, outlines the process for investigation, trial, and enforcement of criminal law.

   • Evidence Law: The Indian Evidence Act, 1872, governs the admissibility and evaluation of evidence in criminal cases.

2. Classification of Crimes:

   • Cognizable and Non-Cognizable Offenses:

     • Cognizable: Police can register a case and investigate without prior approval from a magistrate (e.g., murder, robbery).

     • Non-Cognizable: Require magistrate approval for investigation (e.g., defamation, public nuisance).

   • Bailable and Non-Bailable Offenses:

     • Bailable: The accused has the right to bail (e.g., minor theft).

     • Non-Bailable: Bail is at the discretion of the court (e.g., rape, dacoity).

   • Compoundable and Non-Compoundable Offenses:

     • Compoundable: Can be settled between parties (e.g., trespass, criminal intimidation).

     • Non-Compoundable: Cannot be settled privately due to the offense’s severity (e.g., homicide).

3. Investigation and Trial Process:

   • Filing an FIR: First Information Report is registered for cognizable offenses.

   • Investigation: Police gather evidence, record statements, and file a charge sheet if prima facie evidence exists.

   • Trial: Conducted in sessions or magistrate courts based on the offense’s severity.

   • Judgment and Sentencing: Based on evidence, the court may acquit or convict, prescribing penalties like imprisonment, fines, or both.

4. Major Offenses Under IPC:

   • Crimes Against the State: Sedition (Section 124A), waging war (Section 121).

   • Offenses Against Human Body: Murder (Section 302), culpable homicide (Section 304), assault (Section 351).

   • Offenses Against Property: Theft (Section 378), robbery (Section 390), criminal misappropriation (Section 403).

   • Offenses Against Women: Rape (Section 376), dowry death (Section 304B), acid attacks (Section 326A).

5. Principles of Criminal Law:

   • Presumption of Innocence: An accused is innocent until proven guilty.

   • Burden of Proof: Lies on the prosecution to establish guilt beyond a reasonable doubt.

   • Double Jeopardy: No individual can be tried for the same offense twice (Article 20(2) of the Constitution).

6. Punishments Under IPC:

   • Death penalty

   • Life imprisonment

   • Imprisonment (rigorous or simple)

   • Fine

   • Forfeiture of property

7. Special Criminal Laws:

   • The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

   • The Prevention of Corruption Act, 1988

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

   • The Unlawful Activities (Prevention) Act, 1967 (UAPA)

8. Role of Judiciary:
   The judiciary interprets laws, ensures fair trials, and delivers justice. High Courts and the Supreme Court act as appellate courts for criminal matters.

9. Constitutional Safeguards:

   • Right to life and personal liberty (Article 21).

   • Right to legal aid and a speedy trial (Article 39A and CrPC Section 309).

   • Protection against self-incrimination (Article 20(3)).

Indian Criminal Law aims to strike a balance between punishing offenders and safeguarding the rights of the accused, ensuring justice prevails in a democratic society.