Dynamic Decriminalization: Investigation Of The Expanding Penumbra Of Indian Criminal Law

Abhishek Singh Chauhan, B.A.LL.B., Ramaiah Institute of Legal Studies, Bengaluru

ABSTRACT

This research paper investigates Indian criminal law, with an emphasis on the decriminalization of specific offenses. It investigates historical history, legislative changes, and sociological dynamics to comprehend the influence of decriminalization on the legal system, individual rights, and the larger societal fabric. The study delves into the historical roots of Indian criminal jurisprudence, dating back to British colonial authority, post-independence legal changes, and early criminal statutes. An in-depth examination of crucial legislative developments takes place, including substantial adjustments to the Penal Code and historic laws influencing the decriminalization landscape.

The research investigates the impact of court precedents on decriminalization and basic rights within a developing legal environment. It also looks into social perspectives on criminality, including evolving attitudes and the interactions between public opinion, law enforcement, and the prison system.

A critical analysis section examines the benefits and drawbacks of decriminalization, considering the difficult balance necessary between individual liberty and societal order. Comparative views from other jurisdictions expand the discussion by providing a more comprehensive picture of global decriminalization tendencies.

The study also investigates the problems and debates surrounding this paradigm change, including opposition, unforeseen consequences, and potential legal gaps. Future legal reform recommendations are offered, with a focus on possible areas for further decriminalization, strengthening legal protections, and increasing public awareness and education.

Finally, the study summarizes its results, providing a complete vision of the future of criminal jurisprudence in India. The research intends to add substantively to the academic discussion by providing insights that are relevant to the country's emerging criminal legislation.

Keywords: decriminalization, criminal jurisprudence, criminal legislation, penalty, offenses, sedition, societal order, individual liberty.