Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

Capital punishment in India is legal but rarely used. The last execution was conducted in 2004, when Dhananjoy Chatterjee was hanged for the rape and murder of a 14-year old girl. Homosexuality in India is criminal offense, though never prosecuted, under a Victorian-era criminal statute which faced a constitutional challenge at the Delhi High Court from 2002-2009.The Court 'read down' Section 377 by holding that consensual sexual acts between adults is outside the ambit of the law.

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