IndexThe Indian criminal law systemType of criminal codeThe public prosecutorThe judicial systemDistinguish from the Canadian systemReferencesThe Indian criminal law systemThe Indian criminal law system has been distributed in three major legislations that protect the country and its citizens from every possible criminal act that they may face in today's society. The three major legislations are the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. Apart from these three, there are many other legislations related to criminal law passed by the Indian legislature such as the prevention of corruption, Dowry Act Prohibition Act, Food Adulteration Act etc created to address specific issues. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Coming back to important legislation, the Indian Penal Code is the official penal manual of India covering the substantive topics of criminal law relevant to the Indian context. The Code aims to provide the definition of crimes and the specific penalties associated with these particular crimes. The Criminal Procedure Code is the most significant procedural legislation that establishes the procedures, standards and conduct followed for the administration of criminal laws in the country. It works as a mechanism that helps in understanding the structure of the judicial system in India, the way of investigating criminal cases, collecting evidence, assessing the innocence or guilt of the accused, determining the type of punishment, etc. Furthermore, it also includes provisions regarding, among others, the fight against public annoyance, the maintenance of wife, children and parents and the prevention of crimes. On the other hand, the Evidence Act includes a set of rules and regulations that deal with the admissibility of different types of evidence in a court of law. The Evidence Act is based on the work of Sir James Fitzjames Stephen, who could be considered the founder of the Evidence Act. It mainly consists of two types of provisions, one deals with the admission of evidence by the court and the other is the their evaluation. Type of Penal Code The Indian Penal Code has changed from being an adversarial criminal justice system to an inquisitorial criminal justice system over time. some time has passed since it was written. The Indian Penal Code was drafted by the First Law Commission under the chairmanship of Thomas Babington Macaulay, which was then submitted for approval to the Council of the Governor General of India. It is based on English law and aims to be free from peculiarities, technicalities and superfluities. The Indian Penal Code is the official penal manual of India covering substantive issues of criminal law relevant to the Indian context. The Code endeavors to provide the definition of crimes and specific punishments relating to such particular crimes. It is a general penal code for India. It consists of 23 chapters and 511 sections. It includes the different types of penalties and the general exceptions that the accused can invoke in his defense. It includes rules on aiding and abetting, criminal association, crimes against the State, crimes committed by or against people, crimes relating to weight and measure, crimes against public health and safety, crimes against popular religious sentiment, crimes against property, crime against human personality, crimes relating to breach of contract, matrimonial crimes, crimes relating to the cruelty of the husband or his relatives, crime of defamation, crime of criminal intimidation and crime ofattempted commission or facilitation of crimes, among many other categories. The Indian Penal Code is universally recognized as a penal code, actually drafted a code that was ahead of the time it was drafted. It was applauded by Nicholas Phillips, Justice of the Supreme Court of the United Kingdom for its efficiency and relevance even after a century. Despite being concrete and rigorous, it has had to face numerous controversies which over the years have forced the Legislator to make the appropriate changes. The code has always been the subject of debate due to its rigidity on issues such as the ban on homosexuality (recently amended in 2018), suicide attempts, adultery (finally abolished in 2018), the death penalty or capital punishment even when the world went through revolutionary changes. . The Indian Penal Code Reform Committee has recommended separation of the investigative procedure from the powers of the prosecution. The Prosecutor The Chief Prosecutor of India is the Attorney General who is the principal advocate of the Supreme Court of India. It is a constitutional position appointed by the President of India. The post requires a person who is qualified to be appointed as a judge of the Supreme Court of India, which requires five years' experience as a judge in one of the High Courts or ten years' experience as an advocate in the country. The position of Attorney General was created as an advisor to the government in power in terms of legal matters when indicated. It should appear on behalf of the government. Unlike the Attorney General of the United States and Canada, the Attorney General of India is not vested with executive powers or duties. Furthermore, it should be noted that the Attorney General is not a government official and has the freedom to appear for his personal clients, except in cases that would require him to oppose the government. He is barred from defending an accused in a criminal case because it is the Indian government that is the main prosecutor in a criminal case and, according to the rules, the Attorney General cannot appear against the government. The Attorney General receives assistance from the Solicitor General and certain additional Solicitor Generals. The Attorney General is consulted on significant legal matters after they have been dealt with by the Ministry of Law. The Judicial System The Indian criminal law system is administered by the Indian judiciary, which presents a common law system for legal jurisdiction in which customs, precedents and legislation are the sources of all types of law. The judiciary is made up of different types of courts, each of which is invested with different types of powers and tasks. It maintains a strict hierarchy in which the Supreme Court of India is the supreme decision-making authority. The Supreme Court, being the primary legal decision-making body, has the duty and responsibility to safeguard the provisions of the Constitution of the country, which is the supreme law of the land. He is known as the "Guardian of the Constitution" and ensures that no law is enacted by the legislature that violates the Constitution. It has narrower original jurisdiction (refers to the establishment of new legal issues) than lower courts as it mainly devotes its time to dealing with appeals that originate from lower courts. After the Supreme Court, the High Courts are responsible for dealing with issues concerning the 29 states of the country. While district courts are responsible for dealing with the legal matters of the district (each state is divided into multiple districts), both civil and criminal separately. Please note: this is just an example. Get a custom paper from our expert writers now. Get a custom essay 1860