The Implications of Over-Criminalization in India

Wed Oct 22 2025 23:48:00 GMT+0300 (Eastern European Summer Time)

A recent report highlights the alarming extent of criminal laws in India, revealing how everyday actions can lead to serious penalties and contribute to a system overloaded with cases.

India faces a crisis of over-criminalization, with laws on mundane activities leading to potential imprisonment, highlighting the need for reform in the legal system to prioritize significant threats to society.

In India, citizens may find themselves facing exaggerated penalties for minor infractions, a situation underscored by the new report from the think-tank Vidhi Centre for Legal Policy. Titled "The State of the System: Understanding the Scale of Crime and Punishment in India," this study reveals that a staggering number of commonplace actions—including neglecting to walk your dog or flying a kite improperly—can inadvertently lead to fines or imprisonment.

With over 882 federal laws, 370 contain criminal provisions that criminalize a total of 7,305 acts and omissions. These range widely, from benign misdemeanors like tethering animals improperly to grave offenses including murder and sexual assault. This report points out a troubling trend of excessive reliance on criminalization in India, with many laws serving to punish routine behaviors.

For instance, failing to ensure a dog's exercise could result in a 100-rupee fine or three months in jail. Such arbitrary punishments showcase the legal system's disproportionate response to minor infractions. Meanwhile, serious penalties exist for various infractions, like the death penalty for damaging critical infrastructure or for certain public safety violations.

The report illustrates that this way of handling compliance has led to countless regulatory penalties that complicate everyday life and stifle business operations. With 34 million criminal cases pending in India, the system's overburdened state challenges law enforcement and judicial processes, resulting in a lack of personnel and a strain on resources.

Critics argue that this over-criminalization creates barriers not only for ordinary citizens but also for businesses struggling to navigate complex legal landscapes. The Vidhi report urges a reevaluation of the applicability of criminal law, advocating for a system that focuses on serious offenses threatening public safety and societal harmony, rather than punishing minor legal infractions.

Recognizing the harm caused by excessive criminalization, authorities plan to eliminate penalties in over 100 legal provisions, building on 180 already removed. This change aims to shift perceptions of the law, fostering mutual trust between citizens and the state while alleviating unnecessary legal burdens.