'Overcriminalising is slowing the path of justice in India'

In India, tying your goat to a pole on a public street, littering in zoo, flying a kite in a way that startles passers-by or handing a feeding bottle to a mother unable to breastfeed could land you in legal trouble. These aren’t isolated quirks but part of a sprawling web of criminal laws, as revealed by the Delhi-based Vidhi Centre for Legal Policy in its report, The State of the System: Understanding the Scale of Crime and Punishment in India.

 

Across 117 laws, the report identifies 252 criminalised acts tied to administrative oversights, such as late submission of property returns, wealth tax filings, or gift declarations. These paperwork failures, often minor, carry criminal penalties, clogging courts and harassing citizens. The report also critiques 112 laws with vague general contravention clauses, which criminalise any non-compliance without clear boundaries.

 

The think tank critiques the overuse of criminal law to regulate everyday behaviour, noting that many provisions are outdated, overly vague, or disproportionately punitive.

 

The report, a first-of-its-kind effort, maps the staggering scope of criminalisation across India’s 882 federal laws. Of these, 370 contain criminal provisions, collectively penalising 7,305 acts and omissions. The offences range from the trivial like failing to walk your dog adequately or quitting a job without a month’s notice to grave crimes such as murder, sexual assault, and illegal arms possession.

 

Vidhi’s report uncovers a litany of obscure and overly punitive laws. For example, you could face charges for fixing a leaky tap without a plumbing licence or failing to disclose a building’s owner when questioned. Other offences include applying for a driver’s licence while banned or neglecting a school attendance order as a parent.

 

The report urges lawmakers to rethink India’s reliance on criminalisation as a catch-all solution. Vidhi advocates for decriminalising minor offences, streamlining laws, and focusing punitive measures on serious crimes that genuinely threaten public safety.

 

The report, led by researcher Naveed Mehmood Ahmed, exposes the sprawl of India’s criminal laws, pinpointing how they overburden the justice system and daily life.

 

Vidhi’s analysis reveals an over-reliance on imprisonment, with 73% of crimes under central laws punishable by jail terms ranging from a day to 20 years.

 

The report in detail pointed towards the proportionality as to how same offence in different religions have separate punishments. Under The Hindu Marriage Act, marrying below 21 of boy or 18 years girl can lead to two years’ rigorous imprisonment and a Rs 1 lakh fine. The same act under The Foreign Marriage Act warrants just 15 days in jail, but under The Indian Christian Marriage Act, it could mean seven years behind bars.

 

Shockingly, over 300 offences carry the death penalty, while community service is prescribed for just 0.1% of crimes.

 

India