Unavoidable Dependence of Society on Criminal Law

Akanksha Agrahari  AND Riddhi Bang
NALSAR University of Law, Hyderabad

Volume III, Issue III, 2020

Every person has the right to take decisions according to his will and his liberty. He is independent and is free to act in the manner he desires to. However, it is imperative that the individual does not exercise this autonomy in an unfettered manner which goes to the extent of infringing upon the rights of another individual. Criminal law comes into picture when a person does not recognize his/her responsibility of exercising his rights in a reasonable manner. We argue that criminal law plays a crucial role and is necessary for the society. It upholds the idea of public conscience and values. It reduces harm to the individual by striving to protect him and bringing down the feelings of vengeance of the victim by punishing the perpetrator. Punishments under criminal law serve as a deterrent which is seen as a crime prevention strategy. Although criminal law in itself could be put under number of reforms, for example, the relaxation of imprisonment periods or making rehabilitation a cornerstone, it is difficult to have alternatives to criminal law as a whole that could work with more or same efficiency. This essay seeks to explain this view by exploring the nature of humans as theorised by acclaimed philosophers and the existence of hegemony in the society that explain the importance of criminal law, the reason for society’s overdependence on the same and its inability to rely on other means.


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