Principled Criminalization: Balancing State Power and Individual Rights

Context (Why in News?)

The Supreme Court ruling in Imran Pratapgarhi vs State of Gujarat emphasized that principled criminalisation hinges on police adherence to criminal procedure laws, particularly under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is Criminalization?

• Definition: Criminalization refers to the state’s authority to identify a wrongful act as a crime and impose penalties.

• It reflects both the power and duty of the state to publicly hold individuals accountable.

• Operates through criminal law, which in a constitutional democracy, must be exercised with restraint and responsibility.

Theoretical Foundations

• Victor Tadros: Criminalization is part of a larger duty/power that includes prosecuting, convicting, condemning, and punishing wrongdoers.

• Tatjana Hörnle’s Three Principles of Criminalization:

  1. Conduct must be incompatible with important collective interests.

  2. It should be a violent attack against persons.

  3. It should violate another’s right to non-intervention.

These principles underpin India’s Bharatiya Nyaya Sanhita (BNS), ensuring that criminal law focuses on genuinely harmful acts.

Role of Police in the Criminal Justice System

• Frontline Role: The police initiate the criminal justice process by detecting, investigating, registering crimes, and making arrests.

• Crime Prevention: Regular patrolling and intelligence gathering.

• Law Enforcement: Evidence collection, identifying and arresting suspects.

• Public Order Maintenance: Crowd management, safety during public events, and traffic control.

The extent and nature of criminalisation often reflect how effectively and responsibly police function.

Challenges of Over-Criminalization

1. Excessive and Unjust Punishments:

   • Criminal penalties for minor or non-violent conduct.

2. Duplicative Legal Provisions:

   • Multiple laws for the same offence causing legal confusion and harsher outcomes.

3. Erosion of Civil Liberties:

   • Undue restrictions on freedom, movement, and expression.

4. Overburdened Criminal Justice System:

   • Prison overcrowding and delayed justice.

5. Resource Misallocation:

   • Diverts focus from serious crimes to minor infractions like gambling or personal drug use.

Way Forward

• Principled Criminalisation is essential to uphold the legitimacy of state power.

• Substantive law (e.g., BNS) must rest on coherent, just principles.

• Procedural law (e.g., BNSS) must safeguard rights and regulate the application of criminal law.

• Strengthening police accountability and judicial oversight is key to preventing misuse.

• Regular law reviews and decriminalisation efforts are necessary to maintain focus on serious harms.

Conclusion

In a constitutional democracy like India, criminal law must serve justice, not power. Principled criminalisation offers a balanced framework that aligns state authority with individual rights and collective welfare. Ensuring the police and judiciary act within these bounds is critical for a just and efficient criminal justice system.