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The Hidden Humanity Behind Every Crime

What Makes Something a Crime? And Who Gets to Decide?

When we hear the word “crime,” we picture sirens, courtrooms, news headlines — stories filled with drama, danger, and judgment. But most crimes don’t begin with drama. They begin with a quiet decision. A moment when someone chooses to ask:

“Should this even be called a crime?”

That decision often starts not in court, but with the police — with one person deciding whether to file a report, make an arrest, or let it go. In that moment, The Law Becomes Personal. It Becomes Human.

When the State Speaks: Between Power and Responsibility

When the State calls something a crime, it isn't just saying, “ This is wrong.” It's saying, “This is so wrong, we will take away your freedom.” That's a powerful act — and it must be backed by care, fairness, and restraint.

Criminal law isn't a tool for control — it's meant to protect.

As legal thinker Victor Tadros says:

If the State claims the power to punish, it must also carry the duty to punish justly, prosecute responsibly, and convict with care.

How Do We Know What Deserves Punishment?

Some acts — like violence or theft — clearly deserve punishment. But others fall into grey zones: A tweet, A conversation, A poem, A personal decision that someone else found offensive.

Where do we draw the line?

Legal scholar Tatjana Hornle offers three wise filters:

  1. Does this act harm society as a whole?
  2. Does it cause direct physical or emotional harm to another person?
  3. Does it invade someone's right to be left alone?

These aren't just legal tests — they're ethical mirrors.

Because once we label someone a criminal, we don't just punish them — we change their life.

The Police: First Responders, First Judges
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Before a judge hears a word, Before the courtroom opens,

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The first chapter of a criminal case is written by the police.

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That's why India's Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) becomes so important. For certain offences, it allows a preliminary inquiry — a moment to pause, reflect, and avoid unnecessary criminalisation.

For offences that carry a punishment between 3 to 7 years, the law gives police the choice to pause, to check, and to inquire before rushing to file an FIR. This small window can save someone from unnecessary trauma, shame, and injustice.

A Real-World Mistake: The Case of Imran Pratapgarhi

Let's take a recent example.

Imran Pratapgarhi, a Member of Parliament, posted a poem on social media. It was labelled inflammatory. The police filed a FIR without inquiry. But The Supreme Court stepped in and quashed it, reminding us: fundamental rights require careful handling. The law isn't a shortcut to control — it's a pathway to justice.

Justice Needs Soul

Criminal law is not just about what's illegal — it's about how we treat people. Labeling someone as criminal affects their future, family, and sense of self.

So, we must ask: Are we seeking justice — or just control?

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What Truly Matters

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Law is strongest when used with restraint.

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Power means nothing without humility.

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Because real justice isn't about punishing more. It's about protecting wisely — and remembering the human behind every decision.

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Before a judge hears a word, Before the courtroom opens,

So, Let's demand better thinking, more listening, and a system that understands people before judging them.

Because true justice isn't about catching the guilty.

It's about protecting the innocent and honouring human beings in every case.

Stay Informed. Know Your Rights. Stand Strong !