DYNAMIC DECRIMINALIZATION: IN
ABHISHEK SINGH, FINAL YEAR B.A.LL.B, RAMAIAH INSTITUTE OF
LEGAL STUDIES,PH.NO- 8319573566,Email-
[email protected], Add- 234,A-BLOCK,Banksia,Pyramid
banksia and Mahika, shivanahalli,Yelahanka,Bengaluru,560064
KANINIKA MAJUMDER, FINAL YEAR B.B.A.LL.B, RAMAIAH
INSTITUTE OF LEGAL STUDIES, PH.NO- 6290463360, Email-
[email protected], Add- No 5 ,3rd cross road Dream
home ladies pg ,1st main pipeline road, Gokula extension
Mathikere near stanza living ,Bengaluru 560054
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DYNAMIC DECRIMINALIZATION: INVESTIGATION OF
THE EXPANDING PENUMBRA OF INDIAN CRIMINAL LAW
KANINIKA MAJUMDER1
ABSTRACT:
This research paper investigates Indian criminal law, with an emphasis on the
decriminalization of specific offenses. It investigates historical history, legislative changes,
and sociological dynamics to comprehend the influence of decriminalization on the legal
system, individual rights, and the larger societal fabric. The study delves into the historical
roots of Indian criminal jurisprudence, dating back to British colonial authority, post-
independence legal changes, and early criminal statutes. An in-depth examination of crucial
legislative developments takes place, including substantial adjustments to the Penal Code and
historic laws influencing the decriminalization landscape.
The research investigates the impact of court precedents on decriminalization and basic rights
within a developing legal environment. It also looks into social perspectives on criminality,
including evolving attitudes and the interactions between public opinion, law enforcement,
and the prison system.
A critical analysis section examines the benefits and drawbacks of decriminalization,
considering the difficult balance necessary between individual liberty and societal order.
Comparative views from other jurisdictions expand the discussion by providing a more
comprehensive picture of global decriminalization tendencies.
The study also investigates the problems and debates surrounding this paradigm change,
including opposition, unforeseen consequences, and potential legal gaps. Future legal reform
recommendations are offered, with a focus on possible areas for further decriminalization,
strengthening legal protections, and increasing public awareness and education.
1
KANINIKA MAJUMDER, final year B.B.A.LL.B, Ramaiah Institute Of Legal Studies, Bengaluru, ph.no-
6290463360, email: [email protected].
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Finally, the study summarizes its results, providing a complete vision of the future of criminal
jurisprudence in India. The research intends to add substantively to the academic discussion
by providing insights that are relevant to the country's emerging criminal legislation.
KEYWORDS: Decriminalization, Criminal jurisprudence, criminal legislations, Penalty,
Offences, Sedition, Societal Order, Individual Liberty
INTRODUCTION:
Dynamic decriminalization is a term for a policy strategy in which the legality or criminality
of particular actions is modified over time in response to changing public opinion, empirical
data, and pragmatic concerns. Dynamic decriminalization entails a more adaptable and
flexible strategy for regulating particular behaviours or substances than static or permanent
criminalization, where laws stay the same regardless of changing circumstances.
The dynamic nature of legal systems and the continuous efforts to adapt to evolving
difficulties and changing circumstances are reflected in the expanding penumbra of Indian
criminal law. There are worries over the possibility of overcriminalization and power abuse
by law enforcement officials, even while the protection of individual rights and public
interests may be strengthened by the enlargement of criminal statutes.
As Henry Hart pointed out in his classic article The Aims of the Criminal Law, criminal law
legislation's main task is making a “sound job of reflecting community attitudes and needs.”
In Hart’s words, “What distinguishes a criminal from a civil sanction is the judgment of
community condemnation which accompanies and justifies its imposition.”2
The Indian Penal Code, 1860, Indian Evidence Act, 1872, Code of Criminal Procedure,
Police Act, 1861, and Prisons Act, 1894 were the primary laws governing criminal justice in
British India. Other special laws sanction specific acts and processes.
The Unlawful Operations (Prevention) Act of 1967 addresses terrorist activities and illegal
acts. The Protection of Children from Sexual Offences Act of 2012 protects children from
pornography and sexual abuse. The Food Safety and Standards Act, of 2006 penalizes food-
related offenses. The Bharatiya Sakshya Bill, 2023, replaces IPC, CrPC, and IEA, with the
Committee on Home Affairs reviewing them.3
2
THE TRANSFORMATIONAL FUNCTION OF THE CRIMINAL LAW: IN SEARCH OF OPERATIONAL
BOUNDARIES
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SHOULD CRIMINAL LAWS BE REFORMATIVE OR PUNITIVE IN
CHARACTER:
In 1979, the Indian Supreme Court emphasized that the main goals of criminal justice
administration should be the reformation and rehabilitation of criminals rather than only
discouraging crime.4 Reformative elements for criminal law were suggested in the Report on
the Draft National Policy on Criminal Justice (2007). These included mainstreaming
settlement without trial, decriminalizing offenses through civil process, and permitting
community service and compensation for offenses like vagrancy. The Bills maintain the
punitive aspects of the criminal justice system while offering community service as an
alternative to jail for certain offenders. The classification of offenses as bailable and
compoundable is inconsistent; for example, snatching is a bailable offense but theft is not. 5
Summarily tried minor infractions are not compoundable; instead, they need to be proven
guilty through trial and conviction.6 The California Criminal Code was revised in 2022 to
mandate that legislatures take into account alternatives to jail, including collaborative justice
court programs, diversion, restorative justice, and probation, and to handle criminal cases
using the least restrictive methods possible.7
CERTAIN OFFENSES UNDER THE BILLS MAY BE TREATED AS
CIVIL CASES:
Civil law is concerned with conflicts between private parties and careless behaviours of
persons that cause injury to others. Criminal law addresses deliberate acts of violence against
people as well as violations against the public, society, or the state. The CrPC lists the
3
Report No. 248, ‘The Bharatiya Sakshya Bill, 2023’, The Standing Committee on Home Affairs, Rajya Sabha,
November 10, 2023.
4
1979 AIR 964, Bishnu Deo Shaw @ Bishnu Dayal v. State of West Bengal, Supreme Court, February 22, 1979.
5
Criminal Justice Reform’, United Nations Office on Drugs and Crime.
6
Report of the Committee on the Draft National Policy on Criminal Justice, Ministry of Home Affairs, July
2007.
7
Section 17.2, Preliminary Provisions, California Penal Code.
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offenses that may be compounded by the affected person, leading to the accused's acquittal. 8
The BNSS has comparable provisions to the CrPC. For example, in the event of cheating, the
person who is defrauded may aggravate the violation. By granting this jurisdiction to the
afflicted person, the CrPC sees such offenses as against the individual rather than against
society as a whole. The question is whether such instances should be considered civil cases
rather than being in BNS.9
The BNSS and BNS also contain certain sections from the CrPC and IPC that might be
interpreted as civil disputes. These include laws for giving support to spouses, children, and
parents. The BNS retains the IPC's penalty for defamation. While some nations, such as the
United Kingdom and New Zealand, today consider defamation a civil violation, others, such
as Canada and Germany, have incorporated it into their criminal laws.10
DEFINING THETRANSFORMATIONAL FUNCTION OF THE CRIM
INAL LAW:
It is necessary to address a preliminary matter before delving into the conversation on the
connection between criminal law and social change. The phrase "criminal law" is used to
describe both criminalization and punishment throughout the text. Conceptually,
criminalization and punishment are two different legal procedures, just as they are two
different social and cultural activities. This means that the goals and purposes of punishment
—the application of a criminal penalty for an offense—and criminalization—the legislative
action of making a particular behaviour a criminal offense—do not always align, and vice
versa.
However, it is indisputable that criminal statutes have two essential components: a
description of what behaviour is forbidden and a punishment for breaking it. The choice to
designate a certain behaviour as illegal is, in theory, closely linked to the imposition of
criminal sanctions. Punishment plays a crucial role in maintaining societal norms and values
8
“Civil and Criminal Law”, National Institute of Open Schooling.
9
ibid
10
Defamation Act, 1992, New Zealand; The Coroners and Justice Act, 2009, The United Kingdom; Section 297,
Canada Criminal Code; Section 187, The German Criminal Code.
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as well as safeguarding individual and group interests that are considered particularly
important through criminalization.11
The criminal code is "framed in terms of punishing bad conduct" and "operates as the ground
for authorizing state punishment" structurally. Consequently, criminal law, which is part of
the legal system that establishes guidelines for social behaviour, does not fully achieve its
goals if criminalization is not followed by the punishment of offenders. Nevertheless, it is
important to remember that criminal laws can nevertheless have a significant effect even if
they are merely dead letters. For instance, although being mainly unenforced, so-called
sodomy laws that made homosexuality illegal in the US forced lesbians and gays to self-
police because they influenced the public's perception of homosexuality.12
STANDARDIZED SENTENCING POLICY UNDER CRIMINAL LAW IN
INDIA: A JUDICIAL STRAITJACKET? :
The criminal law's framework emphasizes the principle that judges should have broad
discretion in determining punishment when the legislature has sufficiently defined an offense
and specified the maximum penalty for it. It is difficult to include every single aggravating or
mitigating situation. The fundamental basis of Indian criminal law, which gives judges broad
discretion in determining the severity of punishment and leaves room for superior courts to
exercise control over that discretion, is the impossibility of setting standards.
Setting restricted standards, as seen in the model judicial code, would not be effective. The
use of judicial discretion based on well-established norms is, in the end, the most secure
safeguard for the accused.
11
Alessandro Corda, THE TRANSFORMATIONAL FUNCTION OF THE CRIMINAL LAW: IN SEARCH OF
OPERATIONAL BOUNDARIES, New Criminal Law Review: An International and Interdisciplinary Journal,
Vol. 23,pg-594,< https://www.jstor.org/stable/48740606?searchText=au%3A%22Alessandro+Corda%22&searchUri=
%2Faction%2FdoBasicSearch%3FQuery%3Dau%253A%2522Alessandro%2520Corda
%2522&ab_segments=0%2Fbasic_phrase_search%2Fcontrol&refreqid=fastly-default
%3A4a83634964d455366eece729f7f6cd23> assessed on 21st feb,2024
12
See Ryan Goodman, Beyond the Enforcement Principle: Sodomy Laws, Social Norms,
and Social Panoptics, 89 CAL . L. R EV . 643 (2001). Sodomy laws also made gay people targets
for physical assaults sometimes “perpetrated as de facto enforcement of sodomy laws . . . by
both private individuals and police officers.” Christopher R. Leslie, Creating Criminals: The
Injuries Inflicted by “ Unenforced” Sodomy Laws, 35 H ARV . C.R.-C.L. L. R EV . 103, 110 (2000)
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Three criteria impact the type of punishment that will be imposed on an offender:
(1)The offense and it’s circumstances.
(2) The offender's background
(3) The judge's attitude and psychology (the most elusive ingredient in any sentencing
guideline).
The Supreme Court of India justified judges' discretion in determining the degree of
punishment.
In Jagmohan Singh v. State of U.P, 13it was argued that by providing a death sentence or
imprisonment for life in section 302 IPC the legislature has failed in its essential function of
not providing the legislative standards as to in what cases the judge should sentence the
accused to death and in what cases he should sentence him only to life imprisonment and,
therefore, is vitiated by the vice of excessive delegation. The court rejected this argument.
When the same argument raised again before the Supreme Court, in Bachan Singh v State of
Punjab14 while rejecting the same, held that: "As pointed out in Jagmohan case such
‘standardization’ is well high impossible.”15
From these landmark decisions, it is clear that it is not desirable to lay down such rules or
principles in the field of sentencing, and that only broad guidelines can be prescribed for the
judicious exercise of wide discretion vested in judges in sentencing, which, if exceeded or not
properly exercised, can be corrected by the higher court on appeal or revision. Thus, there is
every potential of arriving at two distinct types or terms of punishments for the same offence
committed by two separate offenders in different circumstances, both within the maximum
sentences or alternative sentences permitted for the conduct of that offence.
To ensure that punishments are proportionate, numerous nations have implemented
sentencing guidelines. Judges in the United Kingdom, as well as the US states of Minnesota
and California, have the discretion to set the punishment by sentencing regulations. These
regulations provide recommendations, including a variety of punishments for each infraction,
taking into account elements such as the offender's circumstances and the gravity of the
13
(1973) 1 SCC 20.
14
(1980) 2 SCC 684.
15
A. Lakshminath, CRIMINAL JUSTICE IN INDIA: PRIMITIVISM TO POST-MODERNISM, Journal of the
Indian Law Institute, Vol. 48, No. 1 (January-March 2006),https://www.jstor.org/stable/43952016?read-
now=1&seq=22#page_scan_tab_contents pg. 46-47 , assessed on 1st march 2024.
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crime. The Malimath Committee (2003) advocated implementing sentencing guidelines to
reduce confusion in imposing penalties.
High pendency of cases in Indian courts:
The Indian judiciary faces an increasing number of pending cases at all levels and a large
vacancy at most levels. As a result of growing backlog of cases for a long period, the number
of undertrials (accused awaiting trial) has also increased. As of December 2021, India’s
prisons housed over 5.5 lakh prisoners, with an overall occupancy rate of 130%. Around
77% of these prisoners were undertrials (4.3 lakh), while the remaining 23% were convicts
and detenues. Delhi (91%), Jammu and Kashmir (91%), Bihar (89%), West Bengal (88%),
and Odisha (87%) reported a high undertrial population.
The burden of pending cases and a large undertrial population affects multiple tiers of the
judicial system. As on March 30, 2022, around 20% of cases pending with the Supreme
Court were criminal matters. As of December 12, 2021, criminal cases accounted for 74% of
the overall pending cases in lower Courts in India. As on November 2023, over 30 lakh
criminal cases are pending for more than 10 years.
IDENTIFY CHALLENGES FACED IN THE IMPLEMENTATION OF
DYNAMIC DECRIMINALIZATION:
Dynamic decriminalization presents a number of obstacles, reflecting the intricacies of
legislative reforms and cultural responses. Resistance to change in society, particularly
among conservatives, can stymie the smooth implementation of dynamic decriminalization.
Traditional beliefs and cultural norms may conflict with shifting legal ideas. Striking the
correct balance between individual liberty and preserving public safety is an ongoing
problem. Policymakers must ensure that decriminalization attempts do not jeopardize public
order or have unexpected repercussions.16
Decriminalization attempts may be misused or misinterpreted, thus leading to unforeseen
effects. Balancing individual rights protection with legal requirements abuse prevention needs
significant thought.17 The ability of the legal system to respond to dynamic developments,
16
Defamation Act, 1992, New Zealand; The Coroners and Justice Act, 2009, The United Kingdom; Section 297,
Canada Criminal Code; Section 187, The German Criminal Code.
17
Tapp, June Louin, and Felice J. Levine. "Legal socialization: Strategies for an ethical legality." Stan L. Rev. 27
(1974): 1.
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including educating law enforcement and legal personnel, is a substantial challenge. Ensuring
that the legal apparatus is well-prepared for new legal frameworks is crucial for effective
implementation.18
Furthermore, a lack of public knowledge and comprehension of the grounds for
decriminalization measures might hamper their success. Public education initiatives are
essential for promoting a clear understanding of legislative developments. To implement
legislative reforms, parliamentarians must demonstrate political will and consensus.
Differences in political beliefs might slow down the legislative process, impeding the
implementation of dynamic decriminalization. 19 Collecting reliable and comprehensive
statistics on the effects of decriminalization can be difficult. Monitoring the real-time effects
on crime rates, societal behavior, and other pertinent elements need effective data gathering
and processing techniques.
Drawing lessons from successful overseas models while taking into account India's distinct
socio-cultural setting might be difficult. Effective implementation requires adapting best
practices to the local situation. It is difficult to manage cases and persons who have
previously been criminalized. To achieve fairness and justice, retroactively addressing
situations impacted by law reforms must be carefully considered. Finally, the legal and
judicial backlog makes it difficult to resolve cases impacted by decriminalization on time.
Maintaining public faith in the judicial system requires a quick and efficient legal process. 20
To effectively negotiate the complexity of dynamic decriminalization, politicians, legal
experts, law enforcement, and civil society must work together to address these problems.
INVESTIGATE THE SOCIETAL ATTITUDES AND PERCEPTIONS
TOWARD DYNAMIC DECRIMINALIZATION:
Understanding social attitudes and perspectives towards dynamic decriminalization in India
necessitates a comprehensive examination. While perspectives differ greatly, some patterns
18
Gulbrandsen, Lars H. "Dynamic governance interactions: Evolutionary effects of state responses to non‐state
certification programs." Regulation & Governance 8.1 (2014): 74-92.
19
Supra 18
20
Katharina.kiener-Manu, “Crime Prevention & Criminal Justice Module 6 Key Issues: 2. Current Trends, Key
Challenges and Human Rights” <https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-6/
key-issues/2--current-trends--key-challenges-and-human-rights.html> assessed on 27th February 2024
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and issues give insight on how society perceives this changing part of the judicial system.
Younger generations and urban communities are more likely to hold progressive views on
dynamic decriminalization. They may be more open to reforms that reflect shifting societal
norms and individual liberties. Traditional or conservative parts of society may express
misgivings or opposition to decriminalization measures, especially if they contradict
established moral or cultural values. This is especially obvious in more rural or conservative
places.21
Human rights advocates and organizations often promote dynamic decriminalization as a
method of safeguarding individual rights, decreasing arbitrary arrests, and addressing issues
regarding overcriminalization. Legal practitioners may hold differing views. Some may argue
for a careful approach, ensuring that decriminalization measures are well-balanced and do not
jeopardize public safety, whilst others may fight for more sweeping reforms to line with
changing legal philosophies. Those who advocate for victims' rights may support
decriminalization measures that prioritize the avoidance of arbitrary arrests and the misuse of
legal protections while still providing justice to victims.22
The media has a significant influence on public opinion. The media's portrayal of both the
good and bad elements of legislative reforms might impact public opinion on dynamic
decriminalization. Religious and cultural values may have a considerable impact on society
views. Some groups may see decriminalization attempts positively, but others may be more
traditional due to religion or cultural values. Some members of society may be concerned
about the possible impact of decriminalization on public safety. Striking a balance between
individual rights and ensuring public order is an important factor in society attitudes.23
Investigating societal views necessitates taking into account the varied viewpoints found in
India, a country with a rich cultural, social, and economic diversity. Public opinion might
shift over time as understanding rises and debates about the implications and advantages of
dynamic decriminalization persist.24
21
Social Change and Modernity” <https://publishing.cdlib.org/ucpressebooks/view?
docId=ft6000078s;chunk.id=0;doc.view=print>
22
Ibid.
23
Bhosekar, Sailee. SPACE, STIGMA, AND SOCIETY: URBAN DYNAMICS AND COMMUNITY ATTITUDES
IN PUNE'S RED LIGHT AREA. Diss. Politecnico di Torino, 2023.
24
Supra n22
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COMPARISON BETWEEN INDIA'S APPROACH TO DYNAMIC
DECRIMINALIZATION WITH INTERNATIONAL LEGAL
FRAMEWORKS :
India's approach to dynamic decriminalization shares some commonalities with international
legal frameworks, but differences exist due to varying legal traditions, cultural contexts, and
societal norms. Here's a comparative analysis:
Similarities :
India, as well as many international legal systems, place a premium on increasing
acknowledgment of individual rights and liberties. Reforms frequently seek to reconcile
criminal laws with changing society norms that respect autonomy and personal freedom. 25
Many nations, including India, are looking into measures to reduce overcriminalization by
reassessing and, in certain circumstances, lowering criminal punishments for specific
offenses.26This represents a common concern about the possibility of overcriminalization and
its consequences for individuals.
The emphasis on human rights issues is a recurring theme. Both Indian and international legal
systems frequently aim to strike a balance between the need for public safety and the
preservation of individual rights, recognising the value of a fair and just legal system.
Reforms in certain areas, such as decriminalizing consensual same-sex behaviors or
reevaluating drug possession laws, are consistent with trends seen in other international
countries. Both India and other nations are tackling certain aspects of criminalization in
response to shifting public perceptions.27
Differences :
25
Bhaumik A, “Revised Criminal Law Bills: The Key Changes | Explained” (The Hindu, December 22, 2023)
<https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/
article67637348.ece> assessed on 28th February 2024
26
Bhaumik A, “Revised Criminal Law Bills: The Key Changes | Explained” (The Hindu, December 22, 2023)
<https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/
article67637348.ece> assessed on 28th february 2024
27
Supra n27
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The diversity of India's cultural and religious environment has an impact on its legal
structure. Cultural and religious values may differ greatly from international contexts,
impacting which reforms are prioritized. India's legal system, which is based on common law
traditions, functions under its own judicial independence and constitutional foundations.
Comparisons with civil law states or systems with different legal traditions may reveal
disparities in decriminalization initiatives.28
Socioeconomic considerations heavily influence India's approach to legislative changes.
Economic offenses, insolvency, and bankruptcy are frequently linked to India's economic and
social dynamics, necessitating changes that address unique national issues. Legal and judicial
infrastructure capacity differs throughout the world. India's approach to dynamic
decriminalization is shaped by the strengths and problems of its own legal system, and
changes may be adjusted to meet the specific demands of its legal institutions. The public's
awareness and participation in legislative reforms may vary. The amount of public
engagement, awareness efforts, and the extent to which public input impacts legislation
changes can differ between India and other countries.29
While there are some shared patterns, India's approach to dynamic decriminalization is firmly
anchored in its distinct legal, cultural, and social conditions. Understanding these distinctions
is critical for a thorough evaluation of the country's changing legal structure.
RECOMMENDATIONS FOR REFINING THE CURRENT APPROACH
TO DYNAMIC DECRIMINALIZATION IN INDIAN CRIMINAL LAWS:
Refining the approach to dynamic decriminalization in Indian criminal laws requires a
comprehensive strategy that considers legal, societal, and implementation aspects. Here are
recommendations for refining the current approach:30
● To conduct a thorough assessment of current criminal legislation, engaging legal
experts, practitioners, and key stakeholders. This assessment should identify
28
Inglis, S. C. (2001). Expanding international and national protections against trafficking for
forced labor using a human rights framework. Buff. Hum. Rts. L. Rev., 7, 55.
29
Ibid.
30
Baxi, Upendra. The crisis of the Indian legal system. Alternatives in development: Law. Stranger Journalism,
1982.
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outmoded provisions, evaluate their impact on society, and provide recommendations
for revisions or repeals.
● To collect feedback from different populations, organize town hall meetings, public
forums, and online consultations. Launch intensive awareness campaigns through
various media to explain the basis for decriminalization measures and clear any
misunderstandings.
● Engaging the legal experts to draft legislation with utmost clarity, using precise
language to avoid ambiguity. Conduct workshops and seminars for lawmakers to
enhance their understanding of the nuances involved in decriminalization, ensuring
the legislation aligns with constitutional principles.
● By Establishing a tiered system for offenses based on severity, emphasizing
alternative measures for less serious infractions. Develop guidelines to help
lawmakers categorize offenses appropriately, ensuring that criminal sanctions are
proportionate to the harm caused.
● Through collaboration with international legal experts and organizations to study
successful models. Tailor these models to India's unique socio-cultural context,
considering aspects like diversity, cultural values, and legal traditions.
● By implementing extensive training programmes for judges to improve their
awareness of emerging legal concepts and societal dynamics. Develop specialized
training modules for successfully interpreting and applying revised criminal
legislation.
● To establish an independent organization responsible for ongoing monitoring and
assessment of decriminalization outcomes. Create performance measures to evaluate
the impact on crime rates, individual rights, and societal well-being, and utilize the
results to inform evidence-based policy changes.
● By working with social workers, psychologists, and community organizations to
develop and execute rehabilitation programmes. Address the underlying reasons of
criminal behaviour, establish support networks, and facilitate impacted persons'
reintegration into society.
● Encouraging the continued collaboration among government institutions, non-
governmental organizations (NGOs), legal experts, and community leaders. Establish
frequent debate forums to encourage open communication and address challenges
from many viewpoints.
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● Incorporate flexibility into the policy framework to provide for unexpected obstacles
and modifications. Convene policy review committees on a regular basis to assess the
developing impact of decriminalization initiatives and adjust policies accordingly.
● By creating a task team made up of legal experts, politicians, and civil society leaders.
To guarantee a collaborative and successful approach, assign this group the
responsibility of supervising the implementation process, addressing issues, and
proposing improvements.
India may improve its approach to dynamic decriminalisation by implementing these detailed
proposals, establishing a legal system that is transparent, responsive, and conducive to social
well-being.
CONCLUSION:
A perceptible movement towards decriminalisation is taking place in the dynamic terrain of
Indian criminal laws, indicating a responsive legal system tuned in to growing society norms,
individual rights, and harm reduction principles. Notable legal reforms, such as the historic
decriminalization of consenting homosexual behaviour under Section 377, demonstrate a
dedication to matching legal measures with shifting societal norms. Ongoing legislative
assessments highlight a dynamic and adaptable strategy in which the legal system assesses
and refines its legislation to address developing difficulties while adhering to international
best practices. This dynamic nature is distinguished by an ongoing balancing act between
protecting individual liberty and ensuring public order.
The forward-looking perspective on decriminalisation in Indian criminal legislation predicts
continuing progress and refinement. Policymakers are urged to stay alert in tackling emerging
difficulties, ensuring that law reforms reflect society's ever-changing dynamics. Furthermore,
future changes are anticipated to place a heavy focus on education and awareness initiatives,
with the goal of increasing public knowledge of decriminalisation activities. Anticipated
creative ways may include utilising technology, international cooperation, and
interdisciplinary tactics to improve the efficacy of decriminalisation efforts. Collaborative
governance, which includes legal professionals, civil society, and public participation, is
positioned to play a critical role in creating an inclusive, responsive, and just legal framework
that reflects the different viewpoints of the Indian community.
At last by quoting Sir Winston Churchill.
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"The mood and temper of the public in regard to the treatment of crimes and criminals is one
of the most unfailing tests of the civilization of any country."
14
