Tracing the history of crimes and dwelling on the administration of justice, Anushka Singh argues with facts and figures that India has made significant efforts and achievements in controlling certain crimes over the years but it also faces a number of challenges and limitations. There is a need to constantly review and revise its strategies and policies in accordance with the changing trends and patterns of crime and to prevent the abuse of law.
Crime has existed in human societies since ancient times. It is defined as an act or omission that violates the law of the state and causes harm to individuals or society. The history of crime in India can be traced back to the ancient period, when the laws were based on the religious scriptures and customs of different communities. The earliest codified law in India was the Manu Smriti, which prescribed different punishments for different crimes according to the caste and gender of the offender and the victim.
The Mauryan and Gupta empires also had elaborate systems of administration and justice to deal with crime and maintain law and order. The medieval period saw the invasion of foreign rulers, such as the Turks, Mongols, Mughals, etc., who brought their own laws and practices to India.
The colonial period in India witnessed the imposition of British laws and institutions, which were often oppressive and discriminatory towards the native population. The Indian Penal Code (IPC), which is still the main criminal law in India, was enacted in 1860 by the British government.
Independent India
The post-independence period saw the emergence of new challenges and opportunities for India as a sovereign democratic republic. The Constitution of India, adopted in 1950, guaranteed fundamental rights and freedoms to all citizens and established a federal system of governance with a separation of powers among the executive, legislature and judiciary.
The Criminal Procedure Code (CrPC), which regulates the procedure for investigation, trial and punishment of crimes, was enacted in 1973. The Indian Evidence Act, which governs the admissibility and relevance of evidence in criminal cases, was enacted in 1872.
The crime scenario in India has undergone significant changes over the years due to various factors, such as population growth, urbanisation, industrialisation, globalisation, technological advancements, social changes, etc.
According to the National Crime Records Bureau (NCRB), which collects and publishes annual statistics on crime in India, the total number of cognizable crimes (i.e., crimes that can be reported to the police and investigated without a warrant) registered in India increased from 23.58 lakh in 1953 to 60.96 lakh in 2021. The crime rate (i.e., number of crimes per lakh population) also increased from 160.5 in 1953 to 445.9 in 2021.
However, there was a decline of 7.6 per cent in the registration of cases in 2021 as compared to 2020 (66.01 lakh cases), which could be attributed to the impact of the Covid-19 pandemic and lockdown on crime reporting and recording.
Patterns in crime
The types and patterns of crime in India have also diversified and evolved over time. While traditional crimes, such as murder, rape, robbery, theft, etc., still constitute a major share of crime in India, new forms of crime, such as cybercrime, human trafficking, environmental crime, economic crime, etc., have emerged and increased in recent years.
For instance, cybercrime cases registered under the Information Technology Act increased from 217 in 2001 to 56,891 in 2020. Human trafficking cases registered under various laws increased from 2,848 in 2009 to 6,616 in 2019. Environmental crime cases registered under various laws increased from 5,835 in 2014 to 34,671 in 2019. Economic crime cases registered under various laws increased from 1.16 lakh in 2014 to 3.22 lakh in 2019.
The victims and perpetrators of crime in India have also varied across different sections of society. Some groups are more vulnerable to crime than others due to various reasons, such as poverty, inequality, discrimination, marginalisation, etc.
For instance, women, children, senior citizens, Scheduled Castes/Scheduled Tribes, and foreigners are often targeted by criminals for various offences. According to the NCRB data for 2020, a total of 3.71 lakh cases of crime against women were registered, which accounted for 10 per cent of the total IPC crimes. In the same year, a total of 1.48 lakh cases of crime against children were registered and 25,324 cases of crime against senior citizens were registered. A total of 45,935 cases of crime against Scheduled Castes and 7,257 cases of crime against Scheduled Tribes were registered in 2020.
Prevention and protection
The state has a primary responsibility to prevent and control crime and protect the rights and interests of the citizens. The state has adopted various measures and strategies to deal with crime and maintain law and order in India.
In terms of legislative measures, the state has enacted various laws and amendments to define, prohibit, and punish different types of crimes and to protect the rights and interests of different sections of society. For instance, the Protection of Women from Domestic Violence Act, 2005; the Protection of Children from Sexual Offences Act, 2012; the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018; the Unlawful Activities (Prevention) Amendment Act, 2019; the Citizenship (Amendment) Act, 2019; etc.
At the same time, various institutions and agencies have been established as part of administrative measures to implement, enforce, and monitor the laws and policies related to crime prevention and control. For instance, the Ministry of Home Affairs, the Ministry of Women and Child Development, the Ministry of Social Justice and Empowerment, the Ministry of Environment, Forest and Climate Change, etc., at the central level; the State Police, the State Crime Records Bureau, the State Commission for Women, the State Commission for Protection of Child Rights, etc., at the state level; and the District Magistrate, the District Superintendent of Police, the District Legal Services Authority, etc., at the district level.
There is also an established hierarchy of courts and tribunals to adjudicate and dispose of criminal cases and to provide justice to the victims and punish the offenders. For instance, the Supreme Court, the High Courts, the District Courts, etc., at different levels; and the National Green Tribunal, the National Human Rights Commission, the National Commission for Women, etc., at specialised forums, as part of the judicial measures.
The state has deployed various forces and personnel to maintain law and order, prevent and detect crime, investigate and prosecute offenders, and assist the courts in criminal matters. This includes the various police forces, investigative agencies, etc.
In today’s digital age, technological measures for crime prevention and protection are very important. The state has adopted various technologies and tools to enhance its capacity and efficiency in crime prevention and control. For instance, the Crime and Criminal Tracking Network and Systems (CCTNS), which is a nationwide online database for sharing information on crime and criminals; the National Crime Records Bureau (NCRB), which is a central agency for collecting, compiling, and analysing crime statistics; the National Forensic Science Laboratory (NFSL), which is a central facility for providing scientific support in criminal investigations; the Automated Fingerprint Identification System (AFIS), which is a biometric system for identifying criminals based on their fingerprints; etc.
The social aspect
There are several programmes and schemes in place to address the root causes and consequences of crime and to promote social welfare and development. The Victim Compensation Scheme, for example, is a statutory scheme that provides financial assistance to victims of violent crimes; the Witness Protection Scheme is a legal framework that provides security and protection to witnesses in criminal cases; etc.
The state is also collaborating with various stakeholders, such as civil society organisations, media, academia, private sector entities, etc., to enhance its effectiveness and accountability in crime prevention and control. It is also engaging in international cooperation and dialogue with other countries and organizations to combat transnational and organised crimes and to share best practices and experiences in this field.
India has made significant efforts and achievements in controlling certain crimes over the years but also faces many challenges and limitations. There is a need to constantly review and revise its strategies and policies in accordance with the changing trends and patterns of crime and to prevent the abuse of law.