Criminal law in India.

2. Criminal Law in India.

We had adopted Indian Penal Code l860 enacted and operative upon by the Britishers and we had been making certain amendments in the Code as per new situations. There are two sets of crimes. In the first set we can include those crimes where a police officer can arrest without a warrant and where police can arrest on obtaining a warrant. There are some crimes which shall be initiated on a complaint filed by the aggrieved party.
We have enlisted as to what actions shall be crimes and what punishment i.e. sentence shall be awarded by the Court. The accused shall be given full opportunity to defend himself and he shall be at liberty to engage a lawyer and if he is not in a position to engage a lawyer because he has got no money, then the state helps him and the state appoints a lawyer for him so that he could proper justice.
We have provided punishment and sentence for each crime and that could be imprisonment for some hours i.e. till the rising of the Court to Life Imprisonment or Death Sentence. We have also provided as to which Court shall try the case and if the case is tried by a Court having no jurisdiction, the sentence shall be void in eye of law.
The man who comments crime is liable to punishment and the man who abets a crime is also liable to punishment. The man who helps the criminal is also liable to punishment and the man who conceals the fact of crime is also liable. When some persons join in a Criminal Conspiracy, they shall be given the highest punishment. People are preparing for waging a war against the government established in India are also criminals of the higher side and such people can get even death sentence. Similarly collecting arms for waging a war against the government legally established in this country is a grave offence. Every public servant should be vigilant and if inspite of having knowledge of such crimes, he does not inform the appropriate authority, he shall face the consequences.
People who are in the army and in other paramilitary organizations have been engaged and trained by the state and therefore, they are not at liberty to run away from their duty and if there is such an instance, that shall be termed as desertion and such a deserter shall be given punishment under the law.
People cannot assemble if there is a ban on such collections. It shall mean joining unlawful assemblies. Every citizen is bound to keep harmony in-between the communities and if some person is found instigating one community against the other, that shall be a crime and such a person is liable to punishment under the law.
Public servants shall also be liable to criminal law of the land provided state shall give sanction and only then a criminal case shall be instituted against a public servant. A public servant is bound to act honestly and therefore, if he takes bribe and indulges in corruption, he is an accused. He shall not mis-utilise public funds.
We have provided that all the people who are called to give evidence shall speak the truth and only truth and if it is established that he has made a wrong statement or has given wrong evidence, then this shall be taken as a crime and such a witness shall be punished as per law.
Every one should come to the court with clean hands and if it is found that he had been misleading the Court, he shall be given punishment.
Once a person is arrested or given jail term, he shall abide by the law and would not run away and if he does so, he has committed a crime and separate punishment shall be awarded for this offence.
If a person is found mixing something in another this it shall be a crime of adultration and such a person shall be punished.
Murdering another person is a biggest crime and death sentence has been provided under the law. There are certain exceptions under which an accused can plead and save himself from death sentence.
If a child has been conceived by a woman she should allow that child to take birth and if she tries to abortion or some person helps her in this abortion, both shall be liable to punishment.
Causing minor or grave hurt to another person are crimes and therefore, our Indian Penal Code has provided punishment for causing such minor or grave hurts.
One cannot defame a person and pass indecent remarks on another. Similarly men are not allowed to hurt the modesty of women. Rape and kidnapping are crimes and are punishable.
Some intoxicants have been banned in the country and if one has in his possessions such items, he shall be punished under the law. Even wine cannot be manufactured by private persons without having a licence from the Government. One can have one wife living and if he contracts another marriage or is having illegal relations with a married woman, all these are crimes.
Where an F.I.R. has been registered, whole evidence shall be collected by the police to establish the crime against the accused and where there is a complaint filed by an individual, then the complainant shall have to establish the case against the accused. All evidence shall be recorded in presence of the accused and he shall be having an opportunity to cross examine all the witnesses produced from the prosecution side.
If one issues a cheque against some payment, there should be balances in his bank account and if the cheque so issued is bounced, the person issuing the cheque shall be punished by the Court on the complaint of the aggrieved party.
It is an accepted principle of law that everyone must know the law of the land because he cannot be allowed to plead that he was not having knowledge of law when he was actually committing a crime. The principle that ignorance of law is no execuse and it should be kept in mind when one is acting in the society or otherwise.

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