Criminal Law & Justice System

The Criminal Law & Justice System in India is mostly regulated by the following acts: Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA). All these laws collectively set out criminal offences, define punishments, provide procedures for criminal actions and prescribed rules of evidence in court. The criminal justice system is designed to preserve peace, public order and security in society, and to protect citizens from illegal acts such as theft, fraud, murders, assaults, various form of cybercrime and corruption. The main function of criminal law is to serve justice: to make sure that the wrongdoers are held accountable, and at the same time to uphold the rights of innocent people. It consists of police, investigative bodies, court, prosecutors, defence counsel, corrections and legal aid services that collaborate to guarantee equal trials and legal procedures. Criminal law not only serves the purpose of punishing the offenders but also helps to safeguard the victim and uphold the social order.

Protecting legal rights in the process of investigation and trial is one of the most crucial elements of the functioning of the criminal justice sector. The laws pertaining to arrest, bail, investigation, evidence and trial guarantee that the innocent is not punished. The rights of the accused include the guarantee of a fair trial and the principle of innocence until proven guilty to protect against abuse of power and miscarriage of justice. This is an important sector, as it deters crime and enhances the sense of security for people around the rule of law. Investigation, prosecution, compensation, victim protection mechanisms are offered to those affected by offences in order to provide legal remedies for the victim. There are also some special criminal laws for serious crimes like domestic violence, sexual offences, organized crime, terrorism and cyber crimes to provide safety and justice for the vulnerable sections of society.