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PLAGIARISM SCAN REPORT

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Introduction
In India, the history of codification of modern criminal law started with the emergence of British rule. However Criminal
law dates back to the Vedic age and rules of many Hindu and Muslim dynasties. The modern criminal justice system is
largely based on British laws and practices. Due to which large part of criminal law that exists today still relies on
British-era laws.
Objective
To understand the evolution of Criminal legal system from ancient period to the codification of substantive and
procedural criminal law.
Research Question
Analysis of evolution of Criminal law and its importance in different periods in India.
Method of data collection
The data is collected by the help of secondary sources such as various websites, online articles, books etc.
Criminal Law In Ancient Period
The development of Criminal legal system in India dates back to the ancient period. The law of the land was called Niti
and Dharma given by the great Hindu lawgiver Manu. The Dharmasutras and Kautilya’s Arthashastra, have more
comprehensive and developed criminal law system. According to Nitishastra King was considered as “fountain of
Justice’ and he had a sacred duty to punish the wrongdoer if he withdraws to perform his duty, he is bound to end up in
hell.
In early society, when there was no State or other authority, the victim used to punish the wrongdoer through revengeful
and retaliatory methods. Even in Rig-Vedic period punishment were given by the victims themselves. As people live in
groups, they start forming ideals and rules of behavior to be followed by its members. These rules defined the suitable
behavior and the action that was to be taken when members did not comply with the rules. This Code of conduct came
to be known as Dharma, which governed the affairs of people. People start living in society rather than in small groups.
Great importance was attached to Dharma during the very early period of the Indian civilizations.
Punishments
Punishment policy is also known as Dandaniti. Manu has emphasized on the importance of punishment said:
“Punishment alone governs all created beings, it protects them and it watches over them while they asleep.” According
to Manu, Yajnavalkya and Brihaspati there were four methods of punishment
Admonition
Censure
fine
Corporal punishment.
The nature and types of punishments were barbarous and cruel.
Purpose of Punishments
1. Incapacitation was the first purpose and was used to make sure that a criminal would not be able to commit the
same crime again. Illustration-the hands of a thief would be cut off.
2. Deterrence was another purpose of punishment. Criminals were given punishments to set an example to the public
for preventing future offences.
3. Rehabilitation was also a purpose of punishment. Criminals should be punished in a way to improve their character
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and conduct and places the wrongdoer on the right path.
4. Providing justice was also an important purpose of punishment. The victim should get justice by punishing the
wrongdoer.
Caste and Punishment
In ancient India, the nature of punishment varies with the Varna of the offender as well as of the victim. If a person of
higher caste cause injury to a person of lower caste then he will be given less severe punishment but if a lower caste
person inflicts injury to a person of a higher caste, his punishment would be more severe.
CRIMINAL JUSTICE IN THE SULTANATE PERIOD
The sultans implemented Shariat or the Islamic law of crime and penalty the chief sources of Islamic law were the
Quran, the Hadis and Ijma. Quran is the holy book of Islam. Hadis is collected traditions based on sayings and actions
of Prophet Mohammad. Ijma is the consensus of Islamic scholars. The durbar of the sultan constituted the top civil and
criminal court of justice which took original as well as appellate cases. Below than the sultan, there was the court of
qazi-i-quzat or the chief justice of the territory. Muhtasib the censor of public ethics acted as police cum judge in the
observation of the canon law by the Muslims. The village panchayats enjoyed the sanction of the state to administer
justice according to the local tradition, customs and the personal law of the common people. The penal code was
harsh, physical torture and capital punishment constitutes a vital part of it.
CRIMINAL JUSTICE IN MUGHAL INDIA
In the Mughal rule in India, Muslim criminal law was the law of the land for the management of criminal justice. When
the Company suppose the duty for administering Bengal, Bihar and Orissa, the Muslim criminal law was very well -
established in those regions. The law, however, had a number of clear defects. Many of its principles were not in
harmony with the British belief of justice, common sense and good government. The law was planned to provide the
needs of a society deeply unlike from the one which was in the process of revolving in Bengal after the arrival of British
in the second half of the 18th century. The British administrators by using their power gradually led to effect
modifications in Muslim criminal law. They thus adopted the Muslim criminal law to the needs of the society in Bengal
and also according to their own concept of justice, policy and social behavior.
Crime and Punishment in Mughal Administration
Salient features of Islamic Criminal Law
Under the Islamic jurisprudence there are three types of offences
a. Offences against the state
b. Offences against the private individual -like murder, robbery, theft etc.
c. Offences against God-It include apostasy, heresy, criticizing the religion of Islam or conduct of Prophet Muhammad.
These offences were punishable with death.

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