Contours Of Criminal Liability And Societal Transformation In India: A Doctrinal And Socio- Legal Study Of Contemporary Crime Laws
- IJLLR Journal
- 2 minutes ago
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Mr. Ganesh Shrirang Nale, M.A. Sociology, Department of Sociology, Central University of Haryana
ABSTRACT
The law of crimes in India constitutes a dynamic intersection of moral philosophy, social control, and constitutional governance. Rooted in the Indian Penal Code, 1860 (IPC), Indian criminal jurisprudence has evolved from colonial codification to a complex structure balancing individual liberty with collective security. This paper critically analyses the general principles of criminal liability—actus reus and mens rea—and examines how doctrines of abetment, conspiracy, and attempt extend culpability beyond direct offenders. It studies the application of general exceptions that humanize criminal justice by recognizing incapacity, mistake, necessity, consent, and self-defence. Further, the paper explores substantive offences under the IPC and special laws—offences against the human body, state, property, women, and children—while addressing contemporary challenges like cybercrime, terrorism, and drug trafficking. Each section integrates socio-legal perspectives, highlighting how social change and technology reshape crime definitions and penal responses.
Three depth studies—on cybercrime and digital justice, gender-based violence through a feminist criminology lens, and terrorism vis-à-vis human rights—illustrate the evolving relationship between crime, law, and society. The paper also revisits the theories and purposes of punishment, analyzing restorative justice, retribution, deterrence, and victim compensation under Section 357A of the Criminal Procedure Code, 1973.
Ultimately, it argues that Indian criminal law is not a static command of the state but a living instrument of justice. Its trajectory—from colonial deterrence to constitutional humanism—1reflects India’s journey toward a jurisprudence that is rational, equitable, and responsive to social
transformation.
Keywords: criminal liability, actus reus, mens rea, Indian Penal Code (IPC), inchoate offences, general exceptions, homicide and murder, sexual offences, gender-based violence, cybercrime, terrorism and national security, drug trafficking, counterfeiting, public tranquillity, victim compensation, restorative justice, theories of punishment, constitutional morality, human rights in criminal law, socio-legal reform in India.
