The Criminal law is the backbone of the justice system which is related to the Crimes. It helps to decide the acts whether the crime lead to arrest, prosecution or imprisonment. It helps to decide the punishment as per the severity of the crime.
What we defines as crime is the act which is declared a criminal offence by the law and will be punished by charging a penalty. Not every crime can be charged with the penalty, for example, if someone is cheating his/her spouse we might condemn but leave the solution to the involved individuals. By another way, The Crime which is a behaviour in nature, when shown to have taken place, will lead in formal and dignified declaration of the moral condemnation by the society.
There is a basic difference in a civil law and a Criminal law. The Civil law protects the interests of an individual while the Criminal law protects the interests of the society.
Principles of Criminal Law:
The Conventional conceptto the criminal law has been that an offence is a doing which is said to be morally wrong. The main purpose of the criminal sanctions was to give punishments to the criminals for the harm done and to make a reparation for his moral guilt. Penalty was to be given as per the severity to the crime of the accused. In the current times more rationalistic and pragmatic views are dominated.
Purpose of Criminal law:
According to the Best Criminal Lawyers in Delhi, the basic function or purpose of the Criminal law is to support maintaining social order and stability. These functions and some of the other functions of Criminal laws are as follows:
1. Maintain Order: It gives a sense of certainty. There would be unpredictability and chaos without the criminal law. ·
2. Resolving Disputes: It helps in resolving conflicts or disputes between quarrelling citizens by providing a peaceful and orderly way of handling grievances.
3. Protecting Individuals and Property: It helps in protecting individuals from the persons inflicting physical harms on others or who would have taken their worldly goods.
4. Helps in easy functioning of the society: The criminal law supports entitling government for collecting taxes, controlling pollution and other beneficial works for the society.
5. Protecting Civil Liberties: Criminal law helps in protecting rights of the individuals.
In India, Criminal law is dealt by the Indian Penal Code (IPC) 1860, which comes under the concurrent list.
The Criminal law in India were made more strict when in the year 2013, the Indian Penal Code (IPC) 1860, were amended and Section 376A was inserted which would articulate death penalty for the crime of rape resulting in to a persisted vegetative state of Victim or the death of the victim. The amendment was done in accordance with the law to the suggestions recommended by the Judicial Committee made by the Central Government of India to provide suggestions to deal “severely” with the sexual assaults against women that is appeared as an aftermath of a brutal gang rape and murder of a 25 year old in Delhi in 2012.
