Criminal Legislation (India)

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The Criminal Law of India includes the laws that pertain to the judicial process and the punishment of criminal acts in India .

history

In 1829 the British colonial government banned widow burning after unsuccessful attempts at regulation .

The criminal law of India is divided into three main laws: Indian Penal Code ( Criminal ) 1860; Code of Criminal Procedure ( Criminal Procedure Code ), 1973 and the Indian Evidence Act ( Indian Evidence Act ), 1872. There are also a variety of other laws relating to offenses such as the Prevention of Corruption Act ( Anti - Corruption - Law ).

The Indian Penal Code, created in 1860 when India was part of the British Empire , is still the basis of criminal law in India. Jury courts were abolished in 1960 on the grounds that they were susceptible to the influence of the media and public opinion. This decision was based on the acquittal of Kawas Nanavati in KM Nanavati's trial against Maharashtra state , which was overturned by higher courts.

The death penalty is legal in India but is rarely used. The last execution was carried out in 2013 of Afzal Guru, who was involved in the 2001 terrorist attack on the Indian parliament. Practicing homosexuality has been a criminal offense in India since the time of Queen Victoria , a suspension of the penal norm by the Delhi High Court from 2009 was overtaken by the Supreme Court in 2013 .

The Indian Penal Code was drawn up under the presidency of Lord Macaulay and entered into force in 1862. Lord Macaulay wrote special explanations for the people of India because it was important to him that the Indians should not assume that the death penalty is against their interests and that they see the law as generally directed against them.

literature

  • Gentoo's Code. from the English by Raspe, Hamburg 1778
  • Jones: Hindu Legislation or Menu's Regulations. from the English by Hüttner, Weimar 1797

Individual evidence

  1. International Association of Penal Law, Franz von Liszt , Georg Crusen : The Criminal Law of the Present in Comparative Law: Volume 2. The criminal law of the non-European states, together with an appendix: Supplements to the first volume, The criminal law of the states of Europe, 1893-1898. O. Liebmann, 1899, page 216.