In India, criminal charges can be filed for leaving an animal tied up on the street, flying a kite in a way that causes panic, disobeying an order requiring a child to attend school, or even offering a baby bottle to a mother who is unable to breastfeed.
Out of a total of 882 federal laws, 370 have criminal provisions, so there are a total of 7.305 different acts or omissions that are defined as criminal offenses.
The range of such acts is wide, from the absurd to the extremely serious.
From not giving a month's notice of resignation from work or not walking the dog regularly, to serious offenses such as illegal possession of weapons, murder and sexual violence.
The Vidhi Center for Legal Policy Research and Analysis in New Delhi calls this situation "the crisis of overcriminalization in India."
In a new report State of the System: Understanding the Scale of Crime and Punishment in India, this organization created the first comprehensive database of criminal offenses, mapping the extent of criminalization across 370 federal laws.
The report warns of the authorities' tendency to resort to criminal law to resolve almost everyday situations, even the most banal.
It is also stated that many laws criminalize "routine, everyday actions."
For example, criminal prosecution is possible for tying a goat in the street or repairing a water fountain without a license.
Reports are also filed for bizarre offenses - ignoring parents' orders about the school's mandatory attendance of their child, applying for a driver's license during a period of driving ban, or littering at the zoo.
In short, it seems that criminal charges are lurking around every corner, every day.
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A fine of ten rupees (about 12 eurocents) can be imposed for letting pigs roam a field or road.
Disturbing an animal or littering in a zoo can result in up to six months in prison, or a fine of 2.000 rupees (about 20 euros).
The fine for not taking a dog for a walk can be up to 100 rupees (about a euro) and up to three months in prison.
Promotion breast milk substitute or baby bottles to pregnant and breastfeeding women is also prohibited, and the penalty is up to three years in prison or 5.000 rupees (about 51,5 euros).
(The law was originally passed to limit aggressive advertising by formula milk manufacturers, but it also applies to individuals, which is why it is considered quite controversial.)
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In India, the most common punishment is imprisonment, with 73 percent of crimes punishable by imprisonment, ranging from days to as many as 20 years.
More than 250 offenses defined in 117 laws provide for penalties for late filing of documents, from wealth and property tax returns to gift declarations, the report states.
A total of 80 laws define 124 types of obstruction of an official as a criminal offense, often without a clear explanation of what constitutes “obstruction”.
Even the death penalty is possible, not only for murder or mutiny in the army, but also for damaging an oil or gas pipeline or if a guard falls asleep on duty.
In total, under Indian law, the death penalty can be imposed for as many as 301 crimes.
Of the total 7.305 violations defined by federal laws, nearly 80 percent are subject to fines ranging from just two rupees (0,02 euros) to an incredible 50 million rupees (about 516.000 euros).
Truth be told, many of these legal provisions are rarely implemented.
Official crime statistics in India track the implementation of approximately 50 laws, although 370 provide for criminal sanctions.
“They are not rigorously enforced, but they create huge scope for abuses and bribery,” says Navi Mehmud Ahmad, co-author of the study by the Vidhi Center for Legal Policy.
"There are enough grounds in the laws that almost anyone can end up behind bars due to some technical error."
"It's less about actual implementation and more about the potential for abuse."
This “excessive use of criminal law not only disrupts the daily lives of ordinary citizens, but also creates serious obstacles to doing business,” the report concludes.
Doing business in India requires navigating a labyrinth of regulations, but the use of criminal law as the default mechanism for sanctioning non-compliance is excessive, disproportionate, and often counterproductive, experts believe.
The report also points to obvious discrepancies between the severity of crimes and punishment.
For example, the penalty for causing a riot, using force or violence at an unlawful assembly is up to two years in prison.
And the penalty for falsely reporting a birth or death in official records can be three years in prison.
Ironically, the penalty for violence in a public place is less than for providing false information in documents.
Even more absurd is that the punishment for crimes of completely different severity is the same.
For example, the penalties for practicing homeopathy without a license, running a red light, and forced labor are the same - one year in prison.
The huge number of crimes related to everyday life and business shows how much the state relies on criminalization to ensure respect for the law, the report states.
"This over-reliance on criminal law has serious consequences, not only for citizens and the economy, but also for the capacities of the state apparatus."
There are currently more than 34 million pending criminal cases in Indian courts, prisons are overcrowded, at 131 percent capacity, while courts and police face chronic staffing shortages.
Even the law enforcement apparatus cannot withstand the pressure.
As of January 1, 2023, India has only 154 police officers per 100.000 population, while the official quota is 195.
There is a shortage of 581.000 police officers nationwide out of 2,72 million approved job positions.
"Despite this, we still expect this overburdened system to resolve even the smallest violations, even those for which a symbolic fine is provided," the report states.
The report concludes that criminal law should be limited to acts that genuinely threaten fundamental social values, such as public safety, national security, life, freedoms, property, and social stability.
The authorities announce the abolition of criminal sanctions in more than 100 legal provisions, in addition to 180 that have already been removed in 2023.
But this is not just a legal "cleansing", but an opportunity to rethink how the law treats citizens.
Less fear, more trust.
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