Introduction:This is a fairly well-known area of law. Although its other nomenclature, penal law, is less familiar.

Most people have a pretty good idea of what criminal law is; it covers crimes, prosecution and defense. This is as good a definition as any. However, more specifically, it encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties. It also includes decisions by appellate courts that define and interpret criminal law and regulate criminal procedure, in the absence of clear legislated rules. As such, it covers a very broad range of topics and issues. Criminal law envelops the criminal procedure employed when charging, trying, sentencing and imprisoning defendants convicted of crimes, as well as regulation concerning how suspects are investigated, charged and tried. Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal Defense law covers the legal area of defending against a criminal charge. Some subcategories of criminal law include Substantive Criminal law; Criminal Procedure; and the special problems and issues arising in administration and enforcement of criminal justice. Substantive Criminal law deals with the substance of the law. It identifies what the crimes are, their classifications (i.e. petty crime, misdemeanor, felony) and how they should be charged, as well as their possible penalties. Which courts have jurisdiction over what cases and who will be responsible for prosecuting them is determined by criminal statutes. Criminal Procedure picks up where substantive criminal law leaves off. It deals with the enforcement of these laws. Most notably, it addresses how an individual accused of a crime may be handled, dealt with and prosecuted, especially with regard to the individuals constitutional rights. It also covers rules of evidence, witnesses, investigations and the like. When someone demands their due process, evokes his right to silence, to a speedy trial or to legal representation, this is part of the process of criminal procedure. Indian Criminal Laws are divided into three major acts i.e. Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872. Instead of their laws special Criminal Laws are also passed by Indian Parliament i.e. NDPS, Prevention of Corruption Act, Food Adulteration Act, dowery prevention act, Commission of Sati Act etc. thousands of minor laws are made in India. Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be

susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

Objective of Criminal Law:The objectives of criminal law are ordinarily said to be retribution, deterrence and rehabilitation. The rationale behind the retributive function being that the criminal owes the community a measure of suffering comparable to which he has inflicted. The idea is that of satisfaction by the state of a wronged individuals desire to be avenged. The deterrent theory seeks to move men to conform to social norms in situations where informal processes of social control are of no avail. In modern times, increasing importance is being paid to the rehabilitation of the offender too. It is in fact sometimes seen as the principal object of punishment. Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restitution. Jurisdictions differ on the value to be placed on each. Retribution Criminals ought to suffer in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be murdered himself. A related theory includes the idea of "righting the balance." Deterrence Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses. Incapacitation Designed simply to keep criminals away from society so that the public is protected from their misconduct. This is often achieved through prison sentences today. The death penalty or banishment have served the same purpose. Rehabilitation Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.

Restitution This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any hurt inflicted on the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restitution is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, that is to say returning the victim to his original position. The above theories seem impeccable as long as they are being applied to normal and rational human beings.

Historical Evolution of Criminal Law:There was no uniform law of criminal procedure for the whole of India For the guidance of the Courts, there were separate Acts which were applicable in erstwhile provinces and the presidency towns. The Acts which were applicable in the presidency towns were first consolidated by the Criminal Procedure Supreme Court Act (16 of 1852). The Acts which were applicable in the provinces were consolidated by the Criminal Procedure Code (25 of 1861), Criminal Procedure Supreme Courts Act was replaced by the High Court Criminal Procedure Act (12 of 1865) and the Criminal Procedure Code was replaced by Act 10 of 1872 .A uniform law of procedure for the whole of India was consolidated by the Code of Criminal Procedure of 1882 (10 of 1882) .It was replaced by the Code of Criminal Procedure, 1898 (5 of 1898). This Code of 1898 had been amended by various amending Acts In 1955 extensive amendments were made to simplify procedure and to speed up trials .The State Governments too made a large number of amendments to the Code of 1898 To make the criminal procedure more comprehensive the Law Commission was asked to undertake a detailed examination of the Code of Criminal Procedure, 1898. The Commission submitted its report on 19th February, 1968, In the meanwhile Law Commission was reconstituted and the reconstituted commission made a detailed study of the Code of 1898 and submitted its report in September, 1969. Thereafter a draft Bill (41 of 1970) was introduced in the Rajya Sabha on 10th December, 1970. The Bill was referred to a Joint Select Committee of both the Houses of Parliament Incorporating the recommendations of the Joint Select Committee the Code of Criminal Procedure Bill was taken up for consideration by the Parliament . The law relating to criminal procedure applicable to all criminal proceedings in India (except those in the States of Jammu and Kashmir and Nagaland the Tribal Areas in Assam) is contained in the Code of Criminal Procedure, 1898. The Code has been amended from time to time by various Acts of the Central and State Legislatures. The more important of these were the amendments brought about by Central legislation in 1923 and 1955. The amendments of 1955 were extensive and were intended to simplify procedures and speed up trials as far as possible. In addition, local amendments were made by State

Legislatures of which the most important were those made to bring about separation of the Judiciary from the Executive Apart from these amendments, the provisions of the Code of 1898 have remained practically unchanged through these decades and no attempt was made to have a comprehensive revision of this old Code till the Central Law Commission was set up in 1955 The first Law Commission presented its Report (the Fourteenth Report) on the Reform of Judicial Administration, both civil and criminal in 1958; it was not concerned with detailed scrutiny of the provisions of the Code of Criminal Procedure, but it did make some recommendations in regard to the law of criminal procedure, some of which required amendments to the Code A systematic examination of the Code was subsequently undertaken by the Law Commission not only for giving concrete form to the recommendations made in the Fourteenth Report but also with the object of attempting a general revision. The main task of the Commission was to suggest measures to remove anomalies and ambiguities brought to light by conflicting decisions of the High Courts or otherwise to consider local variations with a view to securing and maintaining uniformity, to consolidate laws wherever possible and to suggest improvements where necessary Suggestions for improvements received from various sources were considered by the Commission A comprehensive report for the revision of the Code, namely, the Fortyfirst Report, was presented by the Law Commission in September 1969 This report took into consideration the recommendations made in the earlier reports of the Commission dealing with specific matters, namely, the Fourteenth Twenty-fifth Thirty-second, Thirty-third, Thirty-sixth, Thirty-seventh and Fortieth Reports . List of Amending Acts 1. The Repealing and Amending Act, 1974 (56 of 1974) 2. The Code of Criminal Procedure (Amendment) Act, 1978 (45 of 1978) 3. The Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980) 4. The Criminal Law (Amendment) Act, 1983 (43 of 1983) 5. The Criminal Law (Second Amendment) Act, 1983 (46 of 1983) 6. The Code of Criminal Procedure (Amendment) Act, 1988 (32 of 1988) 7. The Code of Criminal Procedure (Amendment) Act, 1990 (10 of 1990) 8. The Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991) 9. The Code of Criminal Procedure (Amendment) Act, 1993 (40 of 1993) 10. The Criminal Law (Amendment) Act, 1993 (42 of 1993)