The Chronicle of the Indian Criminal Justice System

Abstract

This research paper explores the rich and dynamic history of India’s criminal justice structure uncovering its transmuting across generations. It digs into four different eras categorized as: ancient, pre-colonial, colonial and post-independence or as we know as modern era. The ancient period experienced the foundational play of dharma a sophisticated concept involving moral law, social order and cosmic balance. Ancient legal texts like Manusmiriti and Arthashastra, accompanying regional customs, laid the foundational stone for maintaining social harmony. Punishments were administered not only to prevent crimes but also to maintain social and cosmic order. The pre-colonial era experienced a changing interplay in diverse legal traditions. Alongside the prevalence of dharma in many regions Sharia law was introduced by the Islamic dynasties. Customs and usages also played a significant role in the pre-colonial era. A codified legal system was introduced in the colonial era. The Indian Penal Code 1860 was introduced in this era by the British. The Indian Penal Code covered not only English common law but also covered various aspects of western framework in an Indian society with distinct customs. Evolution in the Indian legal system can be witnessed in the post independence or modern era. While retaining the British laws as its foundation, news laws were enacted and the old laws were changed to overcome the modern challenges. This research paper investigates how the legal system dealt with cybercrime, terrorism, trafficking and social justice concerns. This research paper analyses and enlightens the readers about the strengths and weaknesses of each era legal framework in India. It also gives an insight regarding the new penal laws introduced by the government. The research studies the ever changing legal system of our country. The paper is a plosive encyclopedia of India’s criminal justice system both in antiquity, pre-British colonial period, British colonial period and post India’s independence. It also highlights some important aspects like dharma, Sharia law, colonization and issues of the contemporary world. Still, one can observe that the manuscript offers a fairly strong ground for further development by integrating the results of case studies, comparisons, and an outline of potential further developments.