Article 375 of the Costitution of India with Case law
🇮🇳 Article 375 of the Constitution of India
Topic: Definition of Criminal Law for the Purposes of the Constitution
(Found in Part XII – Services under the Union and the States, Chapter dealing with legislative powers)
🔹 Text of Article 375 (Simplified):
The term “criminal law” used in the Constitution means:
The Indian Penal Code (IPC),
The Code of Criminal Procedure (CrPC),
Any other law relating to the prevention and punishment of offences,
Any law relating to the regulation of criminal procedure, evidence, or investigation,
Any law relating to the maintenance of public order and peace.
Exception: Laws relating to preventive detention are not included in this definition.
🧾 Purpose of Article 375:
To clearly define the scope of criminal law within the Constitution.
Helps determine which laws come under the legislative powers of the Union and States, especially under Entry 1 and Entry 2 of List III (Concurrent List).
Clarifies what laws relate to criminal jurisdiction, procedure, and punishment.
⚖️ Important Case Laws on Article 375:
🔹 1. State of West Bengal v. Committee for Protection of Democratic Rights, AIR 2010 SC 1476
The Court referred to the definition of criminal law to clarify scope of laws on preventive detention and public order.
Emphasized the exclusion of preventive detention laws from the definition in Article 375.
🔹 2. State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699
While dealing with public order and criminal law, Court highlighted the scope of criminal laws under IPC and CrPC.
Article 375 was used to differentiate criminal law from other legal domains like civil law or administrative law.
🔹 3. D.K. Basu v. State of West Bengal, AIR 1997 SC 610
The Supreme Court considered the scope of criminal procedure laws in upholding procedural safeguards.
Article 375’s definition helped clarify which laws govern criminal procedure and evidence.
✅ Key Features of Article 375:
| Feature | Details |
|---|---|
| Definition | Specifies laws included in "criminal law" under the Constitution |
| Includes | IPC, CrPC, laws on prevention/punishment of offences, public order |
| Excludes | Laws relating to preventive detention |
| Purpose | Clarify legislative powers and criminal law scope |
📌 Significance:
Helps distribute legislative power between the Union and States by defining “criminal law.”
Assists courts in understanding which laws govern criminal justice.
Preventive detention laws are deliberately excluded due to their special constitutional treatment (e.g., Articles 22).
🔚 Conclusion:
Article 375 provides a clear definition of criminal law in the constitutional context, which is crucial for understanding the distribution of legislative powers and safeguarding criminal justice procedures.
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