A study done by Vidhi Centre for Legal Policy – a think tank, reveals a pattern of overcriminalization in Indian jurisprudence and that criminal laws, originally intended to address serious threats, have now permeated India’s “social and regulatory frameworks”.
The comprehensive database of criminal laws titled – The State of the System (SOS) reveals that of the 882 central laws in force, at least 42 percent (370 laws) contain provisions that collectively criminalise 7,305 actions and omissions. So, one is liable to be sent to prison if they fail to submit documents on time, or forget to walk your dog. You can also face jail time if you fail to file your property tax on time alongside serious crimes like illegally possessing arms/ammunition, murder, or sexual assault.
In stark contrast, only eight crimes will fetch you community service—formally introduced through the Bharatiya Nyaya Sanhita (BNS)—which was portrayed as a “modern” and justice-oriented” form of alternate punishment.
Vidhi’s study shows that the legislation prescribes severe punishments without a clear rationale as it relies on “misplaced faith in deterrence rather than a rational assessment of harm and necessity”.
The report further examines the extent of the dependence on criminal laws as a tool of governance and makes the case for “decriminalising minor offences and rationalising punishments through a principled approach,” Naveed Mehmood Ahmad, Lead of the Crime and Punishment at Vidhi said while releasing the report on April 23 in the national capital.
This report is significant as the Centre is actively working towards decriminalising offences to improve the ease of doing business. According to news reports, the government aims to decriminalise at least 100 laws by the year end to to make it easier for Indians to conduct their businesses without the fear of jail, fines or court hearing for minor offences. The Jan Vishwas (Amendment of Provisions) Act, 2023 along with the proposed Jan Vishwas Bill 2.0 aims to replace jail time for minor offenses with monetary fines in areas like intellectual property, labor, and environmental laws.
The government also proposed repealing redundant colonial laws or duplicate provisions that have outlived their usefulness.
BOOM highlights a few observations from the report.
Overreliance on imprisonment as form of punishment
Our criminal justice system heavily relies on imprisonment as a form of deterrence with 73 percent (5,333) of crimes punishable by jail terms ranging from one day to 20 years.
According to the report, more than 2,000 crimes are punishable with jail time upto five years or more. At least 983 crimes attract a mandatory minimum jail term with 106 crimes mandating a minimum of 10 years in jail and 44 mandating a minimum of 20 years in jail, the data base revealed.
“This overwhelming reliance on imprisonment persists despite its well documented social, economic and psychological costs both for the individuals and their families,” the report said. In contrast, community service—formally introduced as a form of punishment in the Bharatiya Nyay Sanhita (BNS)—touted as “a modern, justice-centric alternative”, is prescribed for only eight crimes.
On a fundamental level, this overreliance essentially reflects the government’s “deep-seated lack of trust” in its own citizens, and in turn, “a diminishing public trust in governance”.
Though the criminal laws were meant to operate within a limited sphere while addressing grave threats, it has “expanded far beyond it”, the report revealed. “In fact, more than 75 per cent of all crimes are defined under laws that regulate subject matters such as shipping, taxation, financial institutions, and municipal governance—matters unrelated to the traditional domain of criminal justice,” the report said.
Death Penalty not reserved for the rarest of the rare
Murder, or rape or a mutiny or even damaging a pipeline carrying petroleum products, crude oil, or gas will attract the capital punishment.
Capital punishment is not reserved for the rarest of the rare cases, nor is it limited to grave and heinous crimes alone. At least 301 crimes in India will attract the death penalty. You will face the gallows if you commit a crime related to national defence, international relations, transportation, infrastructure, and more.
Fines – the most common punishment
Fines are the most commonly prescribed punishment in our legal system. More than 5,800 crimes are liable to attract a fine. This can be as little as less than ₹20 and can go as high as crores of rupees.
At least 1,636 crimes prescribing fines as the sole form of punishment with a significant number attracting nominal fines. For example, 483 crimes carry fines of ₹100 or less with some (16 crimes) carrying fines amounting to ₹20 or less.
“The continued presence of such nominal punishments highlights the absence of regular legislative review of laws and raises questions about their relevance in today’s regulatory and economic context,” the study said.
