A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions.
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. While in force, the IPC was amended several times and was supplemented by other criminal provisions.
Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years’ imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death.
Homosexuality in India is socially permitted by most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.
In India, Section 420 of the Indian Penal Code dealt with Cheating and dishonestly inducing delivery of property. The maximum punishment was seven years imprisonment and a fine. Section 420 is now Section 318 of the Bharatiya Nyaya Sanhita.
A rape shield law is a law that limits the ability to introduce evidence about the past sexual activity of a complainant in a sexual assault trial, or that limits cross-examination of complainants about their past sexual behaviour in sexual assault cases. The term also refers to a law that prohibits the publication of the identity of a complainant in a sexual assault case.
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.
The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.
Members of the 16th Lok Sabha were elected during the 2014 Indian general election. The elections were conducted in 9 phases from 7 April 2014 to 12 May 2014 by the Election Commission of India. The results of the election were declared on 16 May 2014.
Section 309 of the Indian Penal Code criminalised attempted suicide as well as suicide assistance.
Jammu and Kashmir State Ranbir Penal Code or RPC was the main criminal code applicable in the erstwhile Indian state of Jammu and Kashmir. The Indian Penal Code, applicable elsewhere in India, was not applicable here under Article 370 of the Constitution of India.
The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.
The Section 228A of the Indian Penal Code was inserted into the Indian Penal Code 1860 by the Criminal Law amendment Act 1983 by the Parliament of India to prevent social victimization or ostracism of the victim of a sexual offence. The law provides for up to two years imprisonment with or without fine for those who reveal the identity of victims of sexual abuse in public. The law has been amended subsequently to add more sections of the Indian Penal Code under its purview.
The 18th Lok Sabha was formed after general elections were held in India over seven phases from 19 April to 1 June 2024, to elect all members from 543 constituencies of the Lok Sabha. The votes were counted, and the results were declared on 4 June 2024. The Bharatiya Janata Party (BJP) won a plurality of seats with 240, followed by the Indian National Congress (INC) with 99 seats With the required absolute majority being 272 seats, having 293 seats, the BJP-led National Democratic Alliance (NDA) coalition formed the government. Prime Minister of India Narendra Modi (BJP) is the Leader of the House and Rahul Gandhi (INC) is the Leader of Opposition.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) (IAST: Bhāratīya Nāgarik Surakśa Saṃhitā;lit. 'Indian Citizen Safety Code '), is the main legislation on procedure for administration of substantive criminal law in India.
The Bharatiya Sakshya Adhiniyam, 2023 is an Act of the Parliament of India.
Amar Mulla is a senior advocate at the Supreme Court of India, a social activist, and an author. He is a member of the advisory body to the Home Ministry and was appointed General Secretary of the International Council of Jurists, based in London. Mulla has written extensively on various topics related to legal amendments.
Section 147-158 of Bharatiya Nyaya Sanhita describes offences of treason against the "democratically elected Government of India". It replaces Section 124A of the Indian Penal Code offence of sedition with the offence of treason. The words "excites or attempts to excite disaffection towards, the Government established by law in India" has been replaced with "Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war"
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