Criminal law in India

The essentials

Criminal law defines acts that are harmful to society as a whole and prescribes punishments for them. The State prosecutes the accused, and the case is titled State versus the accused. Since 1 July 2024, India's criminal law is found in three new statutes: the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure; and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act.

Key points

• BNS (substantive law): defines offences such as murder, theft and cheating, general exceptions and punishments. It adds community service as a form of punishment for certain minor offences and includes offences such as organised crime and terrorism.
• BNSS (procedure): covers arrest, investigation, bail, trial and appeals; it encourages use of technology, such as electronic summons and recording of search and seizure.
• BSA (evidence): governs what evidence is admissible and gives clear recognition to electronic and digital records.
• Elements of a crime: a guilty act (actus reus) and a guilty mind (mens rea), causing a prohibited result.
• Stages of a crime: intention, preparation, attempt and commission. Intention alone is not punished; preparation is punishable only for a few serious offences; attempt is generally punishable.
• Basic protections: presumption of innocence; prosecution must prove guilt beyond reasonable doubt; Article 20 bars retrospective criminal laws, double jeopardy and compelled self-incrimination; Article 22 protects arrested persons.
• Classification: cognizable (police may arrest without warrant) and non-cognizable; bailable and non-bailable offences.

Exam tips

• Always use the new names – BNS, BNSS and BSA – when describing the current law.
• Learn the four stages of crime with an example.

Common mistakes

• Describing the IPC or CrPC as the law in force today.
• Thinking the accused must prove innocence; the burden lies on the prosecution.