The State of the System

Over the past few years, the Government of India has introduced several initiatives as part of a broader policy to enhance ease of living and promote a more business-friendly environment. A series of regulatory and legislative reforms, such as reducing compliance burdens, and making the justice system citizen-centric have been central to this effort. 

As the State’s most coercive tool for maintaining social and political order, criminal law should be applied with restraint. Yet, instead of being confined to addressing grave threats to public order or national security, it has expanded indiscriminately into civil, social, economic, and regulatory matters - becoming a tool for day-to-day governance. With 7,305 crimes spread across 370 central laws, the extent of criminalisation is vast and deeply entrenched in the legislative framework. This unchecked growth of criminal law has eroded individual freedoms, stifled economic activity, and overburdened an already stretched criminal justice system (‘CJS’).

This report is an effort to lay that foundation. It aims to lay groundwork for a much-needed conversation about reimagining crime and punishment in India. It also seeks to inform a principled approach to criminal law making, one that balances the need for criminalisation with individual rights, economic growth, and the efficient functioning of the justice system. In this report, we map all actions and omissions criminalised under central laws. The report also highlights inconsistencies in the prescription of punishments. Finally, we propose a principled framework to guide future efforts towards decriminalisation and criminal law making.