Criminal Litigation – Practice Areas and List of Acts (LITIGATION BASICS 18)

Criminal litigation practice requires a strong understanding of both procedural laws and substantive criminal laws. Procedural aspects of criminal cases are governed by the BNSS/CrPC and rules of evidence under the Evidence Act, while substantive criminal liability is primarily governed by the BNS/IPC and various special statutes. Criminal laws may broadly be classified into general criminal law, which applies to offences of a general nature, and special criminal laws, enacted to deal with specific categories of offences requiring specialised treatment. Certain statutes, such as the Protection of Children from Sexual Offences Act, 2012 (POCSO), are both substantive and procedural in nature, as they define offences, prescribe punishments, and lay down special procedures for trial.

The scope of criminal litigation practice is wide and includes both general criminal practice and specialised areas such as cyber crime, economic and financial offences, organised crime, and regulatory offences. At the initial stage of practice, law students and junior advocates often find it difficult to identify suitable practice areas within criminal litigation. 

List of Acts Governing Criminal Litigation

Criminal litigation in India is governed by constitutional provisions, general criminal laws, procedural statutes, and a wide range of special and regulatory enactments. A criminal law practitioner must be familiar with these statutes depending upon the nature of offences involved. The following is a practice-area-wise compilation of important laws governing criminal litigation, with particular reference to practice in Maharashtra.

A. CONSTITUTIONAL LAW

1.      The Constitution of India

B. CORE CRIMINAL AND PROCEDURAL LAWS

1.      BNS / IPC

2.      BNSS / CrPC

3.      Bharatiya Sakshya Adhiniyam, 2023

4.      Criminal Manual issued by the Bombay High Court

C. LAWS RELATING TO LAW AND ORDER, POLICING AND PRISON

Laws relating to Law and Order

1.      The Maharashtra Police Act, 1951

2.      The Commissions of Inquiry Act, 1952

3.      The Delhi Special Police Establishment Act, 1946

4.      The Central Vigilance Commission Act, 2003

5.      The National Investigation Agency Act, 2008

6.      The Mumbai Police Manual, 1959

Laws Relating to Prisons, Probation, and Identification

1.      The Prisons Act, 1894

2.      The Prisoners Act, 1900

3.      The Criminal Procedure (Identification) Act, 2022

4.      The Probation of Offenders Act, 1958

 

D. LAWS RELATING TO ECONOMIC AND FINANCIAL OFFENCES

Law relating to Corruption

1.      The Prevention of Corruption Act, 1988

Law relating to Financial Frauds

2.      The Prevention of Money Laundering Act, 2002

3.      The Prohibition of Benami Property Transactions Act, 1988

4.      The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999

Offences under Company Law

1.      The Companies Act, 2013

Offences under Securities Laws

1.      The Depositories Act, 1996

2.      The Securities Contracts (Regulation) Act, 1956

3.      The Securities and Exchange Board of India Act, 1992

Offences under Taxation Laws

1.      The Income Tax Act, 1961

2.      Goods and Services Tax Laws

3.      The Customs Act, 1962

Offences under Intellectual Property Laws

1.      The Trade Marks Act, 1999

2.      The Copyright Act, 1957

Laws Relating to Dishonour of Cheques

1.      The Negotiable Instruments Act, 1881

 

E. LAWS RELATING TO CYBER CRIMES

1.      The Information Technology Act, 2000 and Rules

F. LAWS RELATING TO ENVIRONMENTAL CRIMES

1.      The Environment (Protection) Act, 1986

2.      The Indian Forest Act, 1927

3.      The Wild Life (Protection) Act, 1972

4.      The Water (Prevention and Control of Pollution) Act, 1974

5.      The Air (Prevention and Control of Pollution) Act, 1981

G. LAWS RELATING TO WOMEN, CHILDREN AND VULNERABLE SECTIONS

Laws Relating to Women

1.      The National Commission for Women Act, 1990

2.      The Indecent Representation of Women (Prohibition) Act, 1986

3.      The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

4.      The Dowry Prohibition Act, 1961

5.      The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

6.      The Protection of Women from Domestic Violence Act, 2005

7.      The Muslim Women (Protection of Rights on Marriage) Act, 2019

Laws Relating to Children

1.      The Commissions for Protection of Child Rights Act, 2005

2.      The Protection of Children from Sexual Offences Act, 2012

3.      The Juvenile Justice (Care and Protection of Children) Act, 2015

4.      The Prohibition of Child Marriage Act, 2006

Laws Relating to Vulnerable Sections

1.      The Protection of Human Rights Act, 1993

2.      The Protection of Civil Rights Act, 1955

3.      The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

4.      The Rights of Persons with Disabilities Act, 2016

5.      The Transgender Persons (Protection of Rights) Act, 2019

H. LAWS RELATING TO ORGANISED CRIME, NARCOTICS, TRAFFICKING AND SMUGGLING

Laws Relating to Organised and National Security Crimes

1.      The Unlawful Activities (Prevention) Act, 1967

2.      The National Security Act, 1980

3.      The Maharashtra Control of Organised Crime Act, 1999

4.      The Maharashtra Prevention of Communal, Anti-Social and Other Dangerous Activities Act, 1980

5.      The Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

Laws Relating to Narcotics, Drugs, and Prohibition

1.      The Narcotic Drugs and Psychotropic Substances Act, 1985

2.      The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

3.      The Drugs and Cosmetics Act, 1940

4.      The Maharashtra Prohibition Act, 1949

Laws Relating to Human Trafficking

1.      The Immoral Traffic (Prevention) Act, 1956

2.      The Transplantation of Human Organs and Tissues Act, 1994

Laws Relating to Smuggling

1.      The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

I. OTHER IMPORTANT CRIMINAL LAWS

1.      The Arms Act, 1959

2.      The Contempt of Courts Act, 1971

3.      The Prevention of Insults to National Honour Act, 1971

4.      The Motor Vehicles Act, 1988

5.      The Essential Commodities Act, 1955

6.      The Food Safety and Standards Act, 2006

7.      The Electricity Act, 2003

8.      The Prevention of Cruelty to Animals Act, 1960

9.      The Railways Act, 1989

 

Note - Some of the above statutes are State-specific and applicable only within Maharashtra. Law students and practitioners should identify and study the corresponding statutes, rules, and regulations in force in their respective States.