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In India you may face criminal liability for binding an animal on the street, flying with the air snake in such a way that causes anxiety. By skipping an order for a school visit or handing a bottle for breastfeeding.
Of the 882 federal laws on books, 370 contain criminal provisions – together criminalizes 7 305 acts and inaction. They vary inappropriately to serious: not imagining a monthly message before giving up work or not to go out to the dog, to crimes such as illegal weapons, murder and sexual abuse.
Delhi, founded in the Delhi-Analytical Vidhi Legal Policy Center, calls it “India’s crisis through excessive criminalization.”
In a new report, the state of the system: Understanding the scale of crime and punishment in India, the analytical center created the first universal crime database in the country, reflecting the degree of criminalization under 370 federal laws.
In the report, the habit of India will attract criminal law to solve almost everything – even down. It states that many laws criminalize “ordinary, daily actions”.
For example, you may be accused of binding a goat on a public street, correction of a hole crane without a license or without calling the building when asked.
Then there are really incomprehensible crimes – as a father who ignores a school’s visit, applying for a driver’s license when banned or trash at the zoo. In principle, a criminal punishment is expected in every corner of everyday life.
Let your pigs wander along the field or road and can be fined on Rs 10 (12 cents). Disturb the animal or trash in the zoo? Six months in prison or fine 2000. And, if you do not train, your dog can cost you up to 100 rupees and three months in prison.
Promote substitutes for milk milk Or feeding bottles of pregnant women or mothers can lead to three years in prison or a fine of 5,000 rupees. (This was to restrain aggressive marketing using Formula food companies, but the law extends to the persons that makes it contradictory.)
The pre -trial detention center is a punishment in India – 73% of crimes are imprisoned, starting from one day to 20 years.
The report notes that more than 250 offenses in 117 laws are fined in the documents – all: from reports on wealth and property tax to declarations of gifts.
About 124 crimes under 80 laws criminalize the obstacle to a public employee, often without determining what causes an “obstacle”.
Even the death penalty is not on the table – not only for murder or insurgency, but also for damage to the oil or gas pipeline or a watchdog. In general, the staggering 301 crimes in India can legally cost you life.
Of the 7 305 offenses under the central laws, almost 80% come with fines – from two rupees to a stunning 50 m.
For the sake of justice, many of these provisions are rarely used – the Bureau of Crimes in India monitors about 50 laws, although 370 are criminal punishment.
“They are not strongly executed, but they create extensive setting opportunities,” I told me that Nave Mehmood Ahmad, co-author of the Vidhi Legal Policy Center.
“The books are enough to have almost no one in prison for some technical failure. This is less about the actual use and more about the potential for misuse.”
This “excessive use of criminal legislation not only violates everyday life of ordinary citizens, but also creates significant barriers for businesses,” the statement said.
Experts-enterprises in India face the labyrinth of the rules, but the use of criminal legislation as a default to non-compliance with the requirements is excessive, disproportionate and often counterproductive.
The report also refers to some vivid crime and punishment inconsistencies.
Riots – Use of force or violence by an illegal meeting – punishes up to two years in prison. Meanwhile, a false birth report or death may lead to three years in prison.
Irony? Violence in the public receives a lighter sentence than lies on paper.
Even more striking: crimes are much different in pregnancy – the same punishment – for example, practicing homeopathy without a license, jumping red light or forcing anyone in childbirth – everything that is punished for one year.
A large number of crimes related to everyday life and business shows how much the state relies on criminalization to force the requirements, the report said.
“This excessive dependence has significant costs not only for citizens and enterprises, but also for state equipment.”
More than 34 million criminal cases are in India’s courts, 72% have been stuck for more than a year. Prisons overcrowded by 131%, while courts and police forces continue to fight the chronic staff deficiency
Even the machine for the law and the order is stretched. As of January 1, 2023, there were only 154 police officers per 100,000 people in India – much lower than 195. There are 581,000 vacancies in the country against approved strength of 2.72 million.
“Even then, we continue to rely on this overloaded system to combat minor violations, including those who attract nominal fines,” the statement reads.
It states that criminal legislation should be limited to actions that threaten basic public values - such as public security, national security, life, freedom, property and social harmony.
Authorities say they plan A degree of criminal punishment in more than 100 legal provisions – In addition to 180, already laid in 2023. This is not just legal cleaning; This is a chance to reconsider how the law refers to people. Less fear, more trust. Less suspicious, more citizen.