When a person refers to law, one of the immediate pictures which come to mind is that of a familiar crime. It can be robbery, murder, counterfeit etc. But do we have a basic understanding of a crime and what actions are considered offences under Criminal law?
The Indian Criminal Law revolves mainly around the Indian Penal Code, 1860 (IPC). This is the first British legislation which codified Criminal offences. Lord Macaulay is the mastermind behind this consolidation. He convinced the British Parliament to bring this law to India (a colony) to build a foundation of civilisation. Although there are multiple arguments for 'White Man's Burden', it is recommended to read the British Parliament speech (there are rumours that he never gave that speech).
The word Crime is never to be seen in the Indian Penal Code. It is neither defined anywhere nor used in any legislation. The reason behind this is that the term 'Crime' is of extraordinary gravity, and its usage might be overwhelming at times. Whereas, the term 'Offence' is of less gravity but did not lose the essence of the committed illegal activity. Here, we would use both the terms 'Crime' and 'Offence'. Also, we would be introducing Latin legal maxims, because most of the current laws are rooted in the legal maxims.
A Crime has two parts:-
1. Mens Rea (Mental element- Guilty Mind)
2. Actus Reus (Act- which is usually detrimental or illegal)
The Latin Maxim 'Actus non facit reum nisi mens sit rea' says that 'An act is not culpable unless it is accompanied by a guilty mind).
LEGAL REPRESENTATION.
We often see in movies that the Police always take the side of the victim/survivor and the Public Prosecutor represents the victim in the Court. Why is it so? Why is this not applicable in civil cases?
To put it simply, in theory, whenever a crime happens, it not just happens to the victim alone but it is treated as an offence against society as a whole.
When the whole population of a nation is presumed to be "the aggrieved", the State shall take action against it. Because the existence of the State depends on the Population.
In Civil cases, there is no criminal intent. In most cases where we ask for compensation or restoration. There is no loss of life or physical injury or sexual assault. Civil cases are those which are usually between two parties, where the issue can be like a Partition suit or Contract issue.
In India, we can see the cause titles of criminal cases as "The name of the accused v. State of "XYZ""
In the USA the cause title will be "The People v. The name of the accused"
DIFFERENCE B/W IPC & CrPC.
IPC is the abbreviation of the Indian Penal Code. This code has been enacted in the year of 1860. Whereas CrPC is the abbreviation for Code of Criminal Procedure. This was enacted in the year 1973. IPC talks about substantive law, whereas CrPC is about procedural law. However, S. 125, 126 and 127 of CrPC are substantive in nature.
All the above-mentioned information is more or less theoretical or jurisprudential in nature. So, let us move to more practical information.
Suppose if you are being violated by someone, say you were robbed, sexually abused, cheated or anything that comes under any Criminal statutes, usually you go to the police station. Let's say my house was robbed and many valuables were taken away by the thief. I should first go to the police station to report the same. We may also call the police and they may come to the scene of the crime to have a primary look. Then an FIR (First Information Report) will be filed within hours and you are eligible to get a copy of the same. If they are not giving it, you may ask them. The police will ask questions, and they might want us to come to the station to give exact details. They ask about your neighbours, relatives, housekeepers, domestic help etc. Forensic experts may come to analyse the fingerprints and other touched objects.
They would start the investigation and the expected result is to find a person whom they believe has committed the offence, considering the substantial and circumstantial evidence. Once they got the accused, then a 173 report will be filed. This is normally known as the 'CHARGE SHEET'. Then the case will come to the Court of Magistrate. You will get a State- appointed Lawyer. Once the trial is finished, then the Court will pronounce its verdict- either guilty or not guilty.
You are free to appeal to a higher court if you are not satisfied with the verdict of the case and there are merits to the case. But if the accused is not alive then there won't be an appeal because the whole point of criminal prosecution is punishment although there is room for compensation.
In case of Homicide, Sexual offence, attempt to Murder or Grievous Hurt, forensic experts play a huge role. In all criminal cases, the scene of the crime shall be protected. So, once you came to know that there happened a crime, avoid contaminating the scene by going back and forth to the place. Also do not allow other people to go into the scene unless it is authorised personnel.
Criminal Law is a small but significant branch of law. The criminal side of law is most known to the public than its civil side. This is because, events like murder and violence affect the public at large and it incites each of us personally. In case of civil matters, mostly we can settle it with money or may do some other procedure to compensate. Criminal violations are irreparable and unsubstitutable in nature.
Comments
Post a Comment