Have you ever wondered how criminal law really works? Do you think all crimes are treated equally? Is ignorance of the law a valid excuse? Let’s explore these questions by debunking 15 common misconceptions about criminal law in India.
Understanding the ins and outs of criminal law can be confusing. Many people have misconceptions about what constitutes a crime and how the legal system operates. In this blog, we’ll address these misunderstandings using straightforward language and practical examples.
So, let’s uncover the truth behind these myths to gain a clearer understanding of the legal landscape in our country. If you’ve ever been curious about your rights and responsibilities under criminal law, this blog is for you!
Top 15 Misconceptions About Criminal Law In India
Here are the top 15 misconceptions that people have in mind about criminal law in India:
- All Crimes Are the Same
Many believe that all crimes are treated equally, but in reality, criminal law distinguishes between misdemeanors and felonies. For example, misdemeanors are less serious offenses, whereas felonies are more severe crimes.
- Ignorance of the Law Is an Excuse
Contrary to popular belief, claiming ignorance of the law is not a valid defence in court. Citizens are expected to be aware of the laws governing their actions.
- You Must Intend to Commit a Crime
Some think that intent is always required for a criminal act. However, certain offences, like negligence or recklessness, can lead to criminal liability even without intent.
- Entrapment Always Leads to Acquittal
While entrapment can be a defence, its success depends on the circumstances. So, keep in mind that it’s not a guaranteed path to acquittal.
- Self-Defense Is Always Legal
Self-defence is permissible under the law, but it must be proportionate to the threat faced. You need to remember that excessive force can lead to criminal charges.
- You Can’t Be Arrested Without a Warrant
In India, police officers can make arrests without a warrant under certain conditions. Yes, you heard it right! This is possible, especially if they witness a crime or have reasonable grounds to suspect someone.
- A Minor Cannot Be Charged with a Crime
Minors can be charged with crimes under the Juvenile Justice Act. However, they are subject to different procedures and penalties compared to adults.
- All Crimes Are Eligible for Bail
Bail is not an automatic right for every offence. Serious crimes or those affecting national security may not be bailable.
- Police Must Read Miranda Rights
In India, there is no statutory requirement equivalent to the Miranda warning given in the United States. However, certain procedural safeguards exist under Indian law.
- You Can’t Be Prosecuted If the Victim Forgives You
While forgiveness can be a factor in certain cases, it doesn’t automatically prevent prosecution. The truth is that the decision ultimately lies with the state.
- Double Jeopardy Doesn’t Apply in India
Double jeopardy, being tried for the same offence twice, is generally prohibited under Indian law. This aligns with the constitutional principle of not being tried or punished twice for the same offence.
- Only the Accused Can Appeal
In criminal cases, both the accused and the state have the right to appeal a court’s decision, depending on the outcome.
- All Evidence Is Admissible in Court
Certain types of evidence, such as illegally obtained evidence, may not be admissible in court proceedings.
- Punishments Are Uniform Across States
Punishments for crimes can vary from state to state in India. They depend on the local laws and judicial interpretations.
- All Criminal Cases Go to Trial
Many criminal cases are resolved through plea bargains or alternative dispute resolution mechanisms. This further reduces the burden on the courts.
Final Words
As you can see, there are numerous miscommunications that people have regarding criminal cases. Understanding these misconceptions can provide clarity on how criminal law operates in India. If you have further questions or concerns, you can contact the best law firm in Kolkata. At Kshetry and Associates, we have trusted legal advisors in Kolkata to guide you.