This section covers wider questions about criminal justice in India: how criminal law differs from civil law, how the system treats children in conflict with the law, the problem of criminal cases against politicians, and how international criminal justice works.
These guides are written for students, readers following the news, and anyone who wants to understand the system before dealing with it. For help with a specific case, see the offence and procedure guides or speak to a lawyer.
Criminal Law vs Civil Law
Criminal law vs civil law in India: who files the case, the burden of proof, punishments and remedies, with examples and how the BNS changed criminal law.
Criminalisation of Politics in India
Criminalisation of politics in India: candidates with criminal cases, Supreme Court rulings on disclosure and disqualification, and proposed reforms.
Juvenile Delinquency in India
Juvenile delinquency in India: how the Juvenile Justice Act 2015 treats children in conflict with the law, Juvenile Justice Boards, and when teenagers are tried as adults.
The International Criminal Court
The International Criminal Court: what it does, the crimes it tries, how cases reach it, and why India has not joined the Rome Statute.
Frequently Asked Questions
What is the main difference between criminal and civil law?
Criminal law deals with offences against society, prosecuted by the State, and can lead to fines or imprisonment. Civil law deals with private disputes between people or businesses, where the remedy is usually money, an order or an injunction.
Can a juvenile be tried as an adult in India?
Under the Juvenile Justice Act 2015, a child aged 16 to 18 accused of a heinous offence can be tried as an adult, but only after the Juvenile Justice Board makes a preliminary assessment.
Is India a member of the International Criminal Court?
No. India has not signed or ratified the Rome Statute, which created the ICC.
Related: criminal offence guides and criminal procedure guides.
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