
THE STATE OF THE SYSTEM
Without good data, there can be no good questions.
In April 2022, we set out to plug the severe dearth of information about the extent of criminalisation in India. Two years later, The State of the System was born. It is an ongoing knowledge creation project. Currently, it is a database of all crimes across all central laws of India. Soon, we will be expanding it to also encompass state laws.
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Background and Context
The Crime & Punishment team at Vidhi has been studying India’s criminal justice system (CJS) in depth. Over the past few years, our research has included examining the working of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Punjab and Mumbai, the CJS’s role in addressing crimes against women, and the government's use of criminal law during the COVID-19 pandemic.
Through this work, we have observed a troubling pattern: criminal law is often misapplied to address social, health, and governance issues. This misapplication of criminal law has not only marginalised vulnerable groups, such as drug users and victims of gender-based violence, but also created a system where governance is over reliant on criminalisation.
While the government has taken steps to address this by decriminalising certain laws, the approach has been narrow, sporadic and ad-hoc, rather than addressing the broader misuse of criminal law. -
Research Objective
Our objective is to understand the scope and extent of criminalisation in India and document the wide range of actions and omissions that are classified as criminal offences under Indian laws. We undertake this with a broader aim of exploring what Indian law deems worthy of criminalisation and assessing whether it aligns with the views of 21st-century modern India. Additionally, we aim to provide research and conceptual impetus to the ongoing decriminalisation efforts towards improving ease of living and ease of doing business. Through this work, we seek to lay the groundwork for a much-needed conversation about reimagining crime and punishment in a modern India.
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Data Collection
To achieve this, we first identified all the central laws that were operational in India at the time of the data collection in 2022. We used IndiaCode, a comprehensive database of central laws, to compile a dataset of 932 laws. These laws govern various areas, such as commerce, banking, education, health, family welfare, social welfare, taxation, criminal justice etc.
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Data Extraction and Classification
- Identifying laws that have crimes : Next, we sought to identify which of these laws provided for criminal offences i.e actions or omissions that are punishable by law. For ease of reference, we have referred to all such actions and omissions as “crimes” in our database. We began by analysing a subset of these laws to identify common legal phrases used to define crimes and prescribe punishments. Phrases such as ‘shall be punishable with’, ‘shall be liable to suffer’, ‘shall, on conviction’, ‘shall for first contravention be punishable with’ are commonly used to prescribe punishments. These served as keywords for our extraction. With the assistance of a data scientist, we applied these keywords to our database of 932 laws, through which we identified 420 laws with at least one of these phrases. For each of these laws, we extracted the provisions (sections and sub- sections) that included these phrases.
- Identifying and differentiating crimes from civil wrongs : After extracting the relevant provisions under the 420 laws, we refined the database to focus exclusively on crimes. We excluded provisions that prescribed non-criminal sanctions such as monetary penalties, confiscation of goods, and cancellation or suspension of licences etc.
For instance, the Central Goods and Services Tax Act, 2017 in Section 125 prescribes that ‘Any person, who contravenes any of the provisions of this Act (…..) shall be liable to a penalty which may extend to twenty-five thousand rupees.’ While the provision was extracted during the initial keyword-based extraction due to the phrase “shall be liable to”, it was excluded from the final database as it prescribes a civil penalty imposable by the Commissioner or any officer appointed by the Commissioner.
Where ambiguities existed, such as in the interchangeable usage of the terms ‘fine’ and ‘penalty’, provisions were read in context of the complete law to make the distinction between crimes and civil wrongs.
Across laws relating to the defence of India and armed forces, criminal provisions ordinarily allow the court martial to impose any lesser punishment imposable under the law, without clearly specifying the form and duration. In all such cases, we have omitted to document the phrase “or such less punishment as is in this Act mentioned” owing to the lack of specificity.
Further, during our research (2022 to 2024), the number of laws in our database changed due to various legislative developments. For instance, the Parliament enacted the Jan Vishwas (Amendment of Provisions) Act, 2023, which decriminalised several laws such as the Cable Television Networks (Regulation) Act, 1995 and repealed some such as the High Denomination Bank Notes (Demonetisation) Act, 1978. Additionally, some new laws were enacted such as the National Dental Commission Act, 2023 and the Press and Registration of Periodicals Act, 2023, further impacting the total count.
Following the exclusions and additions, the database was refined to include 370 laws defining and punishing crimes as of December 1, 2024. - Classification of Laws : To better understand the extent of criminalisation, we categorised these 370 laws on the basis of the subject matter they govern. This was done following the methodology adopted by the Law Commission of India in its 248th Report, which categorised all central laws into 49 subject matter categories. To identify relevant categories for each law, the Law Commission employed the ‘title method’ from the United States Code and the subject classification from the Seventh Schedule of the Constitution.
For laws enacted up to 2014, we used the categorisation provided in the Law Commission’s report. For laws enacted after 2014, we applied the same methodology as the Law Commission to maintain consistency.
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Simplification of Laws
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Breaking down provisions into specific actions and omissions criminalised
The next step involved identifying individual crimes within the extracted provisions. Often, a single provision is drafted in a way that it criminalises multiple actions and omissions, presenting them collectively within the same text. A preliminary reading of such provision can make it challenging to understand the details of each action and omission criminalised which limits an accurate understanding of the scope and extent of criminalisation. To address this, we deconstructed the provisions by breaking them down into individual actions and omissions criminalised.
For further clarity and to avoid unnecessarily inflating the number of crimes in the database, we have grouped together crimes that are similar in nature.
Conversely, those fundamentally different in nature have been separated, regardless of whether they were criminalised under the same or different provisions. Due to this, the number of crimes documented in the database are significantly more than the number of criminalising provisions in the laws.
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Cross-referencing laws and provisions
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Reference to different provisions within the same law : Many laws define crimes and their corresponding punishments in separate provisions. In such cases, the punishment provision typically refers back to the definition, requiring both to be read together. Some laws include a single punishment provision that applies to multiple crimes defined across the law. Additionally, there are instances where an action is detailed in a definition provision, but the provision that criminalises it is separate. In all these situations, the provisions are cross-referenced, read together, and documented accordingly.
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Reference to provisions under different laws : Some laws also contain criminal provisions that reference provisions under other laws. For instance, Section 44 of the Special Marriage Act, 1954, which criminalises bigamy, refers to Sections 494 and 495 of the Indian Penal Code, 1860, to prescribe the punishment for the offence. In such cases, we have cross-referenced the provisions mentioned in the criminalising provision.
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Omnibus provisions criminalising non-compliance with any provision
Certain laws include general and omnibus provisions that criminalise the contravention of any provision of the law, effectively making non-compliance with any requirement a crime. For instance, Section 92 of the Factories Act, 1948, imposes punishments, including imprisonment and fines, on occupiers and managers for violations of the Act's provisions or rules. In such cases, we have documented only the general provision rather than identifying each specific instance of non-compliance or contravention that is criminalised.
We, however, did analyse all the non-compliances that Section 92 of the Factories Act criminalises, which amount to 111 distinct crimes. A similar analysis for other general and omnibus provisions in other laws would significantly increase the number of crimes within each law. -
Simplifying the language
The next step involved simplifying the extracted provisions, which are often written in complex legal language. We manually examined each provision, rewriting them in simpler terms that identified specific actions and omissions that were criminalised
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Punishments
After identifying all the crimes, we documented the punishments prescribed for each of these crimes.
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Rules to ensure consistency in documenting punishments
To maintain consistency across the database, the following approach was followed:
- Term of imprisonment : We documented both the maximum and minimum terms of imprisonment prescribed for each crime. Terms stated in months were converted into years for uniformity (e.g., a maximum imprisonment of three months was recorded as 0.25 years). However, terms expressed in days were recorded as it is.
- Form of Imprisonment : The prescribed form of imprisonment (simple, rigorous, or either) was also documented. Where no form was specified, we recorded it as “not specified”.
- Maximum and minimum amount of fine : We recorded the maximum and minimum fines prescribed for each crime. If no specific amount was mentioned but a fine was included as a possible punishment, it was noted as “Yes” to indicate that a fine can be prescribed.
- Life Imprisonment : For crimes where life imprisonment was explicitly prescribed, it was recorded as ‘Yes.’
- Death : Crimes where the death penalty was prescribed were marked as “Yes.”
- Judicial discretion to choose between punishments : We also documented whether judges had the discretion to choose between imposition of fine and imprisonment. Where the law prescribed both imprisonment and fine, it was recorded as ‘No’, indicating that both punishments are to be mandatorily granted upon conviction. In cases where the law provided for imprisonment or fine, it was recorded as ‘Yes’, indicating that judges could choose between the two. Where the law provided for only imprisonment or only fine, it was also recorded as ‘No’.
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Attempt, Abetment, Subsequent Crimes and Conspiracy
We also documented punishments for attempt, abetment, second/subsequent crimes, and conspiracy. These were not recorded as separate crimes. Instead, they were documented alongside the punishments for the primary crimes.
For instance, under the Protection of Children from Sexual Offences Act, 2012:
- Section 21(1) states that ‘Any person, who fails to report the commission of an offence (....) or who fails to record such offence (...) shall be punished with imprisonment of either description which may extend to six months or with fine or with both.
- Section 17 of the same Act states ‘Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence’.
In this case, the punishment for abetment was documented along with the punishment for the primary crime under Section 21(1). The same approach was adopted for attempts, second and subsequent commission, and continuing commission of crimes.
There were also some instances where laws prescribed different punishments for abetment depending on whether the crime was committed or not. Wherever such a distinction existed, it was documented as such. In cases where no such distinction was made, the same punishment for abetment was recorded under both categories.
The offence of wilfully aiding a crime has been treated as similar to that of abetment when both are under a common provision. Abetment, as defined by Section 45 of The Bharatiya Nyaya Sanhita, 2023 includes intentionally aiding, instigating, engaging with other persons in a conspiracy for doing the thing, etc. For the purposes of this database, punishment for wilful aiding has been recorded alongside that for abetment. Similarly, the punishment for preparing to commit a crime has been recorded along with that for attempting to commit said crime. -
Crimes committed by companies, public servants etc.
Certain laws prescribed different punishments for the same crime depending on whether it is committed by an individual, a company, or a public servant. We have not recorded these as separate crimes since the action or omission being criminalised remains the same. Instead, this distinction was documented in the punishment section of the database, detailing the specific nature and term of punishment applicable when the offence is committed by a company, public servant, or any other entity.
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Crime resulting in different harms
Where an act or omission is punished differently based on the type of harm it causes, it has been treated and documented as separate crimes based on each type of harm caused.
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Exclusions
Certain provisions have been deliberately excluded from the ambit of our database, so as to ensure consistency and to provide an accurate representation of the state of our system. These exclusions are:
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Provisions that allow rules, schemes or policies to prescribe crimes.
Some provisions allow rules, schemes or policies formulated under the law to define and punish crimes. For instance, Section 16(2) of The Seamens Provident Fund Act, 1966 states that ‘The Scheme may provide that any person who contravenes, or makes default in complying with any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.’ This provision does not define a crime, but merely enables the Seamen’s Provident Fund Scheme to do so.
Similarly, Section 3(3) of The Passport (Entry into India) Act, 1920 states that ‘Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.’ This provision enables the Central Government to make Rules under this Act, and to criminalise contraventions of the Rules, but does not independently criminalise such contravention. -
Crimes created through State–level amendments to Central laws.
Some central laws have been amended by States to alter existing crimes or create new ones. Such state-specific crimes have not been included in our database, as they are applicable only within the jurisdiction of the respective State and not at the central level.
For example, the Societies Registration Act, 1860, as enacted by the parliament, contains no crimes. However, some states have criminalised certain compliances by way of amendments to this law. For example Odisha has criminalised failing to share the required documents with the Registrar on time (Section 4). Similarly, Haryana has criminalised failing to produce any books of accounts or other records as required by the Act (Section 26). Since these amendments are State-specific, this Act is not included in our database. -
Explanations and exceptions
We have excluded provisions from our database that merely provide definitions or explanations clarifying how specific words or phrases should be understood. We have excluded provisos and sub-sections that outline exceptions or defences to the crime. For example, a provision criminalising omissions by a company might include an explanation stating that ‘company’ shall also include trusts or societies. Such explanations have not been included in our database.
However, we have accounted for explanations that define the scope of a crime. For example, Explanation 4 to Section 2 of the Prevention of Insults to National Honour Act, 1971, which provides an exhaustive list of laws constituting disrespect to the National Flag, has been included in the database.
Final Output
Through this process, we have created a comprehensive database of crimes across central laws in India, broken down into clear, simplified terms. This database includes detailed information on crimes and the range of punishments, providing a clear and accessible understanding of the scope of criminal law in India.
Limitations
While this database aims to provide a thorough mapping of all crimes under central laws, we must acknowledge a few limitations in creating this resource. Extracting relevant provisions was done working with a data scientist and using a series of keywords identified by analysing legal phrasing. Potential flaws in the technical processes involved in this may have led to occasional missed data.
Multiple researchers over a period of two years have contributed to identifying, simplifying and categorising the crimes. Despite attempts at a uniform approach, individual interpretations and sensibilities may vary, which could impact the categorisation and phrasing across entries. Additionally, the simplification of legal language inevitably leads to some nuances being lost. These nuances may be sought in the Bare Acts on IndiaCode.
Finally, deliberate exclusions, such as enabling provisions, state amendments, and non-criminal penalties, were necessary for focus and clarity but mean that the database may not fully encapsulate every criminalised action. -
The database is a comprehensive repository of all crimes defined under 370 central laws of India. Spanning 174 years of legislative enactments, it encompasses laws across 45 subject matters. It documents every act and omission that has been criminalised, along with the corresponding punishments. Additionally, it includes provisions for offences such as abetment, attempts, and repeat commissions.
You can explore the data by law, subject matter, ministry, or year of enactment, and uncover key insights: Which crimes are punishable by death? What’s the maximum fine for a specific offence? Is failing to maintain books of accounts a crime? Are attempts to commit crime treated differently? What happens if you commit the same crime twice?
This database is our attempt at simplifying the complex web of laws, making it easy to explore and understand the staggering scale of criminalisation in India.
Recognising the overreach of criminal law in India, impacting both ease of living and ease of doing business, the government has undertaken efforts to decriminalise the legislative framework. Although these efforts have been sporadic and ad hoc, they mark important steps toward addressing this issue.
This section of the website is dedicated to tracking these developments, documenting changes such as those introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023, and analysing their implications for both individuals and businesses
This dataset is the result of two years of consistent effort, involving data extraction, simplification, cross-referencing, detailed reviews, and constant updation. It has been made possible through the collective efforts of multiple researchers and the dedicated support of several interns. The core team involved in building this dataset are:
Naveed Mehmood Ahmad
Team Lead & Senior Resident Fellow
Neha Singhal
Senior Associate Fellow
Ayushi Sharma
Senior Resident Fellow
Sriyanshi Bhatt
Research Fellow
Aashna Mansata
Research Fellow
Ishaan Bamba
Research Fellow
Aayush Mallik
Former Project Fellow
Samyak
Data Scientist
We extend our gratitude to the following people whose support and contributions have been instrumental to developing this resource and bringing the team’s vision to fruition.
Aparna Shukla
Kritika Mishra
Aashi Goyal
Megha Nautiyal
Arunima Swaroop
Shivam Jadaun
Iqra Khan
Ritesh Raj
Jisha Garg
Tajamul Islam
Tusharika Vig
‘Laws’
For the purposes of this data set, “law” refers to Acts enacted by the Central legislature. This definition also includes laws that, although applicable only to a specific state or jurisdiction, have been passed by Parliament rather than the state legislature.
It does not include Ordinances, Regulations, Rules, Orders, Bye-laws, or any other instrument that is not an Act but may be considered as law.
'Subject Matter Categories'
Subject Matter classification refers to the categorisation of laws based on their area of regulation. Each category represents a specific area governed by the law, such as public health, labour, social welfare, or environmental protection.
COMMON CATEGORIES
Labour Laws
Labour Laws
Laws under this category : 31
Crimes under this category: 257
Criminal Justice
Criminal Justice
Laws under this category : 27
Crimes under this category: 1800
Financial Laws
Financial Laws
Laws under this category : 23
Crimes under this category: 303
Defence of India and Armed Forces
Defence of India ...
Laws under this category : 20
Crimes under this category: 1196
Public Health
Public Health
Laws under this category : 20
Crimes under this category: 209
Taxes, Tolls & Cess Laws
Taxes, Tolls & Ce...
Laws under this category : 18
Crimes under this category: 265
Transportation and Infrastructure
Transportation an...
Laws under this category : 16
Crimes under this category: 316
Nationalisation
Nationalisation
Laws under this category : 15
Crimes under this category: 92
Legal, Medical and Other Professions
Legal, Medical an...
Laws under this category : 13
Crimes under this category: 70
Women and Child Development
Women and Child D...
Laws under this category : 11
Crimes under this category: 93
Trade and Commerce
Trade and Commerc...
Laws under this category : 11
Crimes under this category: 96
Environmental Law
Environmental Law...
Laws under this category : 11
Crimes under this category: 166
BETA, THE A.I. ASSISTANT
Beta (’son’, as in ‘son, hand me that file’) is merely a keeper of the information. He’ll fetch you what you need. He might sometimes have a lesser comprehension of this complex data than you, but he’ll still try to be helpful. Beta is currently in beta mode, equipped to fetch relevant information from this database. He will soon have AI-powered functionalities to make your search experience smarter and faster.
Try Beta. You can prompt him to (...)
FACT GRAB
370
laws criminalise conduct
7305
crimes are punishable
301
crimes are punished with death
5333
crimes are punished with imprisonment
433
crimes are punished with life imprisonment
5842
crimes are punished with fines
8
crimes are punished with community service
Did You Know?
TOWARDS DECRIMINALISATION *
402
crimes decriminalised
292
provisions affected
47
laws amended
* since 2022