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Printed By: Vishal R (vishal07) on Mon Jan 27 11:51:22 UTC 2020

 Criminology and Penology eBooks

Table of Contents
Full Content
Suggestive Questions
Memory Tickers

Unit I - Introduction
Meaning of Crime
Introduction

Role of Criminal Law

Nature of Crime
Distinction between Crime and Tort (Civil Wrong)
Meaning of Tort

Difference between Crime and Tort

Basis of crime and Criminalization

‘Definition of Crime’
Definitions
As a Public Wrong
As a Moral Wrong
As a Conventional Wrong
As a Social Wrong
As a Procedural Wrong

Other Definitions

Criminology
Criminology Reminiscence
Global Scenario
Jurisprudence of Criminology
Radical Criminology
Neo- Classical Criminology

The Modern Age View of Crime

Modern Criminology and the Secular Society

Focus on the need for Criminology Study

Prevalence of Crime
Study of Crime and Criminal Justice
Identification of causes of crime - theories
Approaches to Crime

Focus on Individual and Environment

Ingredients of Crime
Human Being
Actus Reus (Physical Act or Omission)
Two kinds of wrongful acts
 Mens Rea [Actus non facit reum nisi mens sit rea]

Mens Rea in Indian Law

Difference between knowledge and intention
Injury

Classification of Crime
The Development of Criminal Law
Criminal Justice in the Mughal Period
Crimes against God
Crimes against the sovereign

Crime Against private individual

Criminal law in the Madras Province

Criminal law in the Bombay Province
The effect of English Law in India
The Modern Criminal System

Sources of Crime Data

Crime Reporting
Uses of Crime Data
Schools of Criminology
Pre - Classical School
Classical School
Neo-Classical School

Positivists School
Clinical School
Sociological School

Unit II - Crime Causation

Introduction
Theories of Crime Causation
Genetic / Biological Theory of crime causation
Born criminal theory of Cesare Lambroso
Psychological Approach
Psychopathology

Sociological Theory of Crime Causation

Anomie and Strain Theory
The Ecological/ Social Disorganization Approach
Edwin Sutherland’s Differential- Association Theory
Labeling Theory

Economics and Crime Causation

Conflict Theory
Marxist approach

Radical Criminology
 Feminist
Control Theories
Integrated Theories

Juvenile Justice
History of Child Delinquency in India
The Juvenile Justice Act 2000
Juveniles: Who are They
Under the Indian Law
Juvenile/Child in conflict with law?(JICL)

Competent Authority
Procedure In Relation To Board
Orders that may be Passed by the Board

Need of New Juvenile Justice Enactment of 2015

Bail to Juvenile
Child Welfare Committee
Powers of the committee

Process of Rehabilitation and Social Reintegration

Adoption
Foster Care
Sponsorship
After care organization

Unit III - Types of Crime

Introduction
White Collar Crime
Historical Background

Definition of white collar crime

Types of Crime
White Collar Crime and Blue Collar Crime
White Collar Crime
Blue Collar Crime

Classification of White-collar crime

Bank Fraud
Blackmail
Bribery
Cellular Phone Fraud
Embezzlement

Counterfeiting
Forgery
Tax-Evasion
Adulteration
 Professional crime

White Collar Crime in India and Implication of White Collar Crime

Laws Related to White Collar Crime in India

Santhanam Committee Report

Wanchoo Committee Report
47th Law Commission Report
White collar crimes in certain professions
Medical Profession
Engineering
Legal Profession

Educational Institutions

Crime and Women

Statutory Provision
Dowry Death (Sec. 304B of Indian Penal Code)
Explanation

Introduction
Definition of Dowry

Essential ingredients: Dowry death

Important points to remember

Important Case Laws related to Dowry Death

Reema Aggarwal v. Anupam, 2004 Cr.LJ 892 (SC)
Kodam Gangaram v. State of A.P. [1999 Cr.LJ 2181 (A.P.)]
Arbind Kumar Ambasta v. State [2002 AIR - JHAR. H. C. R. 920]
Rajayyan v. State of Kerala, AIR 1998 SC 1211
In Dev Prasad v. State of U.P., 2002 Cr. LJ 4291

Dowry Death and Cruelty

Female Criminality
Prostitution
India’s efforts to fight against Trafficking
International Dimensions of Human Trafficking
Procuration of a minor girl
Importation of girl from foreign country
Selling or buying of Minor for the purpose of prostitution

The Immoral Traffic Offender (Prevention) Act, 1956, (ITPA)

Introduction
Meaning of Brothel
Keeping assigning or managing a brothel

Constitutional validity of the Act

Person liable to be punished
Pre Conception and Pre Natal Diagnosis Techniques (Regulation and Prevention of Misuse) Act, 1994
Introduction
Amendment to Pre-natal Diagnostic Techniques Act 1994
Major aspects of the Act
Regulation of Pre-natal Diagnostic Techniques
Prohibition of Sex Determination and Selection under the Act
Offences and Penalties
Statutory Provisions

Medical Termination of Pregnancy Act, 1971

Introduction

Objective of the Act

When pregnancies may be terminated

Only Registered Medical Practitioners can terminate the Pregnancy

Place where pregnancy may be terminated

Consent of the person required for termination of pregnancy are

Opinion of Registered medical practitioner is needed for termination of pregnancy

The Protection of Women from Domestic Violence Act, 2005

Introduction
Legislations Relating to Domestic Violence in India

Types of Domestic Violence

Purpose of the Protection of Women from Domestic Act, 2005
Important features of the Act

Domestic Violence

Women covered under the domestic violence Act, 2005

Respondentunder the Domestic Violence Act, 2005

Reliefs under the Protection of Women from Domestic Act, 2005

Monetary Relief
Counseling

Protection order
Custody Order

Compensation Order

Critical analysis of the Act

Criminal Law Amendment Act, 2013

Introduction
Changes in law

New Offences

Terrorism
Introduction

Definition of Terrorism
Nature of Terrorism
 Causative Factors
Economic Factor
Political Factor

Social Factor

Funds of Terrorism

Kinds of Terrorism
Ethno-nationalist terrorism

Religious terrorism

Left-wing terrorism
Narco-terrorism
Non-political terrorism
Quasi terrorism

Limited political terrorism

State terrorism

Terrorist and Disruptive Activities TADA

Terrorist act under Terrorist and Disruptive Activities, 1987

The Prevention of Terrorism Act, 2002 [POTA]
Terrorists acts

Punishment for Terrorist Act under the Prevention of Terrorism Act, 2002
Criticism

Suggestions

Anti – Terrorists Measures

Laws related to terrorism in India
Unlawful Activities (Prevention) Act, 1967
Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)

The Maharashtra Control of Organized Crime Act, 1999 (MCOCA)

Prevention of Terrorism Act, 2002 (POTA)

Unlawful Activities (Prevention) Amendment Act

Communal Violence
Introduction
General Causes
Divide and Rule

Partition of Bengal and Swadeshi Movement

Partition of the Country

Class Conflict

Communal Conflicts and Conflicts of Interest

Political Factor

Socio Political issues

Economic Factor

Business Rivalry
 Administrative Failure

Partisan Behaviour of police

Rumors

Lack of Communication
Insecurity and Fear

Religious Factors

Trivial Causes
Prevention of communal violence

In India the laws related for the prevention of communal violence are
Indian Penal Code: Communal Violence

Provisions in the Constitution of India

Crime against Marginal Group

Introduction

Marginalized group

Meaning of marginalization
Concept and characteristics of Marginalized group

Marginalized group: Victims

Against women

Disadvantaged groups in society

Scheduled Tribes

Victimless crimes
Characteristics of victimless crime

Drugs and crime: Victimless crime

Classification of Drugs

Causes of Drug Addiction

Indian Law

Modern and International Crimes

Definition of cyber crime

Reasons of cyber crime

General Classification of computer crimes
Hacking

Email-spoofing
Computer Vandalism

Cyber defamation
Data diddling

Information Technology Act, 2000

Salient features of the I.T. Act, 2000

Various offences and punishment under the IT Act

 International crime
Definition of international crime

Concept of international crime

Crime against humanity

Organ Trafficking

Unit IV - The Police and Criminal Justice System

Introduction
Origin of Police
Development of Police Organisation

Police system in America

Police force in India
Ancient India

Medieval India
Police system under East Indian Company

The Indian Police Act, 1861

Modern India

The Police set-up

Police Organisation under the State Government

Police system at Centre

Police organisation under Central Government

Functions and Duties of Police at Centre Level

Police Commissioners

Women Police
Roles and functions of Police

Legal functions of Police

Patrolling and Surveillance
Preventive functions

Investigation by police
Interrogation of Offenders & Suspects

Search & Seizure

Police Custodial Torture & Human Rights

Supreme Court’s Directives for avoidance of custodial crimes

Modernisation of Police
Police Community relationship

National Police Commission

Police Advisory Committee

Media and police

Discipline and lawlessness in India

Meaning of Ethics
Interpol
 International perspective of the Police

Criminal justice system

Malimath Committee Report on Police Functioning

Recommendations
Courts and Judges

National Judicial Commission

Separate criminal division in higher Courts

Right to silence

Justice to the victims

Victim Compensation Fund

Appointment of Superintendent of Police (SP)

Addition of a new position

Offences classification
Substitution of death sentence

Central law for organized crime and terrorism

Periodic review

Essentials of Criminal Justice system

Objective of the Criminal Justice System

Rights of the arrested person
Right to be informed of ground of arrest

Obligation of person making arrest to inform about the arrest etc. to a nominated person
Right to be informed of right to bail: Sec. 50(2) of Cr. P.C.

Right to be produced before the Magistrate without delay

Right of not being detained for more than twenty-four hours

Right to consult lawyer

Right to be examined by the Doctor

Plea Bargaining
Historical Background

Plea Bargaining and Criminal Jurisprudence

Advantages
Disadvantages

Express and implicit bargaining

Express Plea Bargaining

Implicit Plea Bargaining

Plea Bargaining under Cr.P.C

Procedure of plea bargaining

Human Rights and administration of criminal justice

Unit V - Correctional Institution and Crime Prevention

Probation of Offenders
 Introduction
Origin of the Probation System
Probation in U.S.A

Probation in European Countries

Probation in India

Historical perspective of probation law in India

The Probation of Offenders Act, 1958

Release on Probation

Concept and definition of ‘Probation’

Meaning of Probation

Object of probation
Ramji Missar v. State of Bihar, AIR 1963 SC 1088

Judicial Trends-Important Case Laws

Parole
Introduction

Definition of Parole
Types of Parole
Conditional release
Full Parole

Day Parole

Statutory Release

Release on Expiry of Sentence

Concept of Parole

Comparison between Parole and Probation

Origin of Parole
U.S.A.

The British Parole system

Parole in India

Structure of Parole Board and its functions

Conditions of Parole

Essentials of an ideal parole system

The object of parole

Merits and Demerits of Parole

Judicial Trends
Babulal Das v. State of West Bengal, AIR 1975 SC 606

Samir Chatterjee v. State of West Bengal, AIR 1975 SC 1165

GurdeepBagga v. Delhi Administration, 1987 Cr. LJ 1419

Veerumchanni Raghvendra Rao v. State of Andhra Pradesh, 1985 Cr. LJ 1009

The prison administration

 Introduction

The American Prison System

The British Prison System

Prison system in India

The Ancient period: Prison System

Development of prisons during Britishers: Medieval India

Indian Jail Reforms Committee 1919-20

After independence of India- Prison System: Modern Period

Problems of prisons in India

Prison Discipline
Problems of prisoners’ health

Issues of criminality among prisoners

Over-crowded prisons

The problems of under-trial prisoners

Custodial torture in prisons

Open prison
Introduction

Definition of open prison

Origin of open prisons- International perspective

U.S.A

France

Australia

Open Air Camps in India

Important years

Post-independence of India

Main features of open prisons

Advantages of Open Prison System

Critical analysis

Punishments
Definitions of Punishment

Synonyms of Punishment

Meaning of the term ‘sanction’

The Elements of Punishment

The Nature of Punishment

Measure of Punishment or Penal Liability

The motives to the commission of the offence

The gravity or magnitude of the offence

The Character of the Offender

Concept of punishment
 Theories of Punishment (Purposes of Punishment)
Retributive Theory of Punishment
Views of Scholars regarding Retributive Theory of Punishment

Criticism of retributive theory

Deterrent Theory of Punishment

Criticism of deterrent theory

Preventive Theory of Punishment

Criticism of the Preventive Theory

Expiatory Theory of Punishment

Reformative theory of Punishment
Criticism of reformative theory

Forms of punishment
Flogging
Mutilation

Stoning

Fines

Forfeiture of property
Banishment

Solitary confinement

Imprisonment for life

Imprisonment
Capital Punishment

Recidivism
Introduction

Categories of Offenders

Definition of Recidivism

Causes of Recidivism
Measures to combat recidivism

Recidivism in India

Crime Prevention
Introduction
Meaning of the term ‘crime’

Modes of prevention of crime

Primary prevention
Secondary prevention

Tertiary prevention

Objective of crime prevention

‘Juvenile or Delinquent crimes’

Prevention of juvenile crimes

 Problems involved in juvenile crime prevention

Remedies for juvenile delinquency

Preventive Methods

Method of Rehabilitation
Legislative Measures
Apprentices Act of 1850

Reformatory Schools Act of 1897

Provision in the Criminal Procedure Code

Probation of Offenders’ Act

Unit I - Introduction

Course Outline of Unit I: Introduction

This Unit contains discussion on following topics :
Meaning and Significance of Crime-Concept of Crime and basis of Criminalization - Definition of Crime - Criminology -
Criminological Reminiscence: Global Scenario - Renaissance - Modern Age - Focus on the need for Criminological Study -
Ingredients of Crime - Distinguish Crime from Non-Crime - Classification of Crimes - Development of Criminal Law - Sources
of Crime Data - Crime Reporting - Uses of Crime Data - Schools of Criminology.
Disclaimer: This subject content as provided under AIR Online Education Support Suite is only Study (Reference) Material for
supplementing your Academic Classroom (Text Book) Learning. These are not Text Books on the Law Subjects.

Meaning of Crime
Introduction
To have a universal definition of crime has always been a tough task for legal philosophers. According to prof. R.C. Nigam there
are three attributes of crime. First that it is harm brought about by some anti social act of human being, which the sovereign power
desires to prevent. Secondly, the preventive measures taken by the states appear in the form of a threat of a sanction or punishment;
and Thirdly, the legal proceedings, wherein the guilt or otherwise of the accused is determined, are a special kind of proceedings
governed by special rule of evidence1.
From the formal or legal point of view, a crime is an action on which the community has set a punishment. Unlike traditional
crime which were not only fewer in number but also were arising out of greed, land and lust, modern crimes are more complex due
to changed moral values and social opinions in rising industrialism, rapid means of communication and scientific developments.
The function of criminal law is to preserve public order and decency, to protect citizens from what is offensive or injurious and to
provide sufficient safe guards against exploitation and corruption of others.
Role of Criminal Law
The Criminal Law is the law which regulates social interests, arbitrates conflicting claims and demands. Security of persons and
property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. There is a
cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing
system to meet the challenges.
Protection of society and stamping out criminal tendency must be the object of the law and which must be achieved by imposing
appropriate sentence. Therefore law as a cornerstone of the structure of order should meet the challenges confronting the society.
In operating the sentencing system law should adopt the corrective machinery or the deterrence based on factual medium. Relevant
facts which would enter into the area of consideration are the facts and given circumstances in each case, the nature of the crime,
the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature
of weapons used and all other attending circumstances.
In prescribing liability the criminal law adheres in general to the principle of proportionality according to the guilt of each kind of
criminal conduct. It ordinarily allows some significant discretion to the judge in arriving at a sentence in each case. Judges in the
essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other
considerations.
Nature of Crime
In general terminology a crime may be defined as an act fit for serious condemnation or an act which is looked down upon with
disapprobation. In legal phraseology it would be an act which the law of the land considers fit for punishment and the person doing
any act in contravention of the same is subjected to the punishment prescribed therefore. To make it clear a crime may be
described as an act committed or omitted in violation of public law forbidding or commanding it.
All acts tending to the prejudice of the community are not ‘crimes’, unless they are punishable under the law. A crime is an act or
omission which is prohibited by law. A crime is injurious to the public. It is punishable by the State for the welfare of public at
large2.
A crime contains two basic elements i.e.. (i) mala-in-se, and ‘mala-prohibita’ for example, some of the traditional crimes like
murder, theft and rape etc. are known as ‘mala-in-se’, while various other crimes in which there is no element of immorality in the
traditional sense are known as ‘mala-prohibita’. They differ from place to place.
Crimes are not static, they are relative. Crimes differ from country to country and time to time. For example adultery is mala-
prohibita in India and a person who commits the offence of adultery is punished under law, whereas in England it is not prohibited.
There is vast difference between crime, sin, vice and social wrongs as well as moral wrongs. The reason is that a crime is
forbidden by law. There is also a prescribed procedure and machinery to punish the persons who commit crime, whereas there is
no mechanism to punish anyone in the case of sin, vices and social or moral wrongs.
‘Sin’ is concerned with religion. Therefore if any person commits a sin, it is said that he will be punished by God himself. What is
‘sin’ is dictated by that particular religion to which he belongs. Likewise, vices, social and moral wrongs are wrongs only in the
eye of moral codes, or in social rules, but they are not recognised wrongs in the eyes of law.
Distinction between Crime and Tort (Civil Wrong)
Meaning of Tort
The term ‘tort’ is derived from the Latin word, ‘tortum’, which means ‘twisted’ and its equivalent word is ‘wrong’ or ‘wrongful
act’. Tort may be defined as an injury or a wrong committed with or without force to the person or property of another, and such
injury may arise by either the nonfeasance, malfeasance or misfeasance of the wrongdoer3.
Every tortious act does not amount to a crime, nor does every crime include a tort. Thus, mistaken or innocent trespass to one’s
land or private nuisance is a tortious act, but is not a crime for there is no element of danger to the public interest. However,
obstruction of a highway, prejury, homicide etc. are exclusively criminal acts and not torts. But there are some cases where a
wrong is both criminal and tortious and the State prosecutes the wrongdoer and also affords the sufferer an opportunity to claim
damages by providing concurrent remedies such as assault, false imprisonment, libel, theft etc. In such cases there is not only the
violation of a private right of bodily safety, property or reputation but such violation also constitutes a menace to the safety of the
society in general.
Both Crime and tort resemble each other in two respects, namely (i) tort and crime are violation of right in rem; and (ii) they are
fixed by law irrespective of the consent of the parties, unlike contract. However, crime and tort are distinct as given below
Difference between Crime and Tort
S.No. Crime Tort
A Crime is a breach of the public rights and duties which
1. A tort is a violation of the private rights of an individual.
affect the whole community
2. A crime is a public wrong which results in punishment A tort is a civil wrong. It gives rise to civil proceedings
A crime is an offence against the public at large or A tort causes injury or damage to an individual or group of
3.
society as a whole individuals.
4. A crime is tried in Criminal Court A tort is tried in Civil Court
In a crime, the victim is an individual. The Criminal
5. proceedings against the wrong-doer are instituted by the In a tort, the plaintiff is the injured party.
State.
The object of the Criminal law is to protect the The purpose of awarding compensation to the injured party
6. community or society by preventing and deterring the in a tortuous wrong is to make good the loss suffered by
offenders from committing further offences. him
7. In crime intention plays important factor In tort, the intention is not an important factor
Generally an act shall not be punished as a crime, unless
8. there is mens rea (i.e. motive) actually present in the Mens rea (motive) has no place in tort.
wrong-doer.
In criminal cases, burden of proof lies on the State. The
9. Burden of Proof lies on the injured/complainant
injured becomes a witness only.
While dealing with civil wrongs natural principles of
Strict rules of procedure and principles are followed in
10. justice, good conscience, equity, etc. are followed in fixing
fixing the liability of the criminal.
the wrong-doer’s liability.
Criminal law, generally, does not permit settlement of a
Law permits the parties to settle the dispute. In other words,
11. case by compromise between parties. However, sec. 320
the plaintiff can withdraw the suit filed by him.
of the IPC provides for an exception to this rule.
The person who commits crime is called accused (before
The person who commits tort is called ‘the feasor’ or
12. guilt is proved) and convict (after guilt is proved) or
‘wrong doer’.
criminal.
Tort arises out of liability independent of any personal
13. Crime arises on account of statutory enactments
obligation under a contract.
All the Crimes are defined and punishments are Most of the Law of the Torts is judge-made law. It is not
14.
prescribed and criminal law is codified. codified.
 The offences defined under the criminal law are notorious
The offences under the torts do not involve any element of
for moral unscrupulousness. They are treated as morally
15. moral turpitude. The wrong-doer of torts are punished by
depraved aggravated heinous and dangerous to the
way of damages for the better social welfare and efficiency.
individuals and also to the society.
The wrong-doer has to compensate the aggrieved party,
The Offender is punished by the State, such punishment
such compensation may be nominal, ordinary or exemplary
16. may be fine or imprisonment. The nature of punishment
according to the magnitude of the tort. The nature of
is heavy.
punishment is generally lighter.
The amount collected by way of penalty and fine is not
The payment made by the wrongdoer as compensation goes
17. paid to the victim, but that amount is credited into State
to injured party.
account.

Basis of crime and Criminalization

Criminalization, in criminology, is "the process by which behaviours and individuals are transformed into crime and criminals".
Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal
presumption in the rules of statutory interpretation against the retrospective application of laws and only the use of express words
by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalize behaviour is
also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also
undergo de facto criminalization through more effective or committed legal enforcement4.

‘Definition of Crime’
Definitions
The word ‘Crime’ is derived from Greek expression Krimos’ which means social order and it is applied ‘to those acts that go
against social order and are worthy of serious condemnation’. The word ‘Crime’ has not been defined in the Indian Penal Code’,
Definitions given by eminent criminologists and sociologists are as given below:
As a Public Wrong
Sir William Blackstone defines crime in two ways: (i) Crime is “an act committed or omitted in violation of a public law
forbidding or commanding it”. (ii) “A crime is a violation of the public rights and duties due to the whole community, considered
as a community. Sir James Stephen, while modifying the Blackstone’s definition, states, “A crime is a violation of a right,
considered in reference to the evil tendency of such violation as regards the community at large”.
As a Moral Wrong
According to Raffeale Garafalo, “Crime is an immoral and harmful act that is regarded as criminal by public opinion because it is
an injury to so much of the moral sense as to community- a measure which is indispensable for the adaptation of the individual to
society”.
As a Conventional Wrong
Edwin Sutherland says, “Criminal behaviour is behaviour in violation of the criminal law. No matter what the degree of
immorality, reprehensibility, or indecency of an act, it is not a crime unless it is prohibited by the Criminal law. The Criminal law,
in turn, is defined conventionally as a body of specific rules regarding human conduct which have been promulgated by political
authority, which apply uniformly to all members of the classes to which the rules refer, and which are enforced by punishment
administered by the State. Characteristics, which distinguish this body of rules regarding human conduct from other rules, are
therefore, politically, specificity, uniformity and penal sanction.”
As a Social Wrong
According to John Gillin, a sociologist, “Crime is an act that has been shown to be actually harmful to society, or that is believed to
be socially harmful by a group of people that has the power to enforce its beliefs and that places such crimes under the ban of
positive penalties.”
As a Procedural Wrong
Austin says, “A wrong which is pursued by the sovereign or his subordinates is a crime. A wrong which is pursued at the
discretion of the injured party and his representatives is a civil injury.”
According to Kenny, “Crimes are wrongs whose sanction is punitive, and are in no way remissible by any private person, but are
remissible by the crown alone, if remissible at all.”
Other Definitions
As per the Oxford English Dictionary, Crime is “an act punishable by law as forbidden by statute or injurious to the public
welfare.”
Halsbury’s Laws of England provides, “A Crime is an unlawful act or default which is an offence against the public and renders
the person guilty of the act or default liable to legal punishment.”
Osborn states, “Crime is an act or default which tends to the prejudice of the community, and forbidden by law on pain of
punishment inflicted at the suit of the State.”
We find that it is very difficult to get a definition of crime suitable to all countries for all the time. The following are, according to
Jerome Hall, interrelated and overlapping differential of crime:
 i. There must be some external consequences or ‘harm’ to social interests.
ii. The harm must be ‘prohibited’ by penal law.
iii. There must be ‘conduct’ i.e., intentional or reckless action or inaction that brings prohibited ‘harm’.
iv. There must be ‘mens rea’ or ‘criminal intent’.
v. There must be “concurrence’ of mens rea and conduct.
vi. There must be a ‘causal relation between the legally prohibited harm and the voluntary misconduct.
vii. There must be legally prescribed ‘punishment’ or threat of punishment.

Criminology
"Criminology" is derived from the Latin crimen, which means accusation, and the transliterated Greek logia, which has come to
denote "the study of," therefore the study of crime. The etymology meaning of criminology is, it stands for study of the nature,
extent, causes and control of criminal behaviour in individual as well as in society. The Oxford hand book of criminology indicated
wide range of activities in which criminology takes an interest ; the politics of law and order crime data ; violent white collar,
professional and organised crime ; crime prevention,; policing; pre trial processes; sentencing policies; probation and community
sanction; prison; race, gender and mental disorder crime victims5.
Criminology Reminiscence
Global Scenario
Criminology is the scientific procedure to examine social and individual deviances from historical point of view. Criminology
have been a centre of attraction not to the person interested in the criminal law but also for the people coming from various
discipline such as psychology, economics political science etc., starting with demonic (Middle Ages, 1200-1600), criminology, as a
subject, developed through various schools including Classical School (the late 1700s and the early 1800s), Neo Classical school
(emerged between 1880 and 1920 and is still growing), Positivism (From mid – 1800s to early 1900s) and finally the sociological
criminology (mid 1800s till present).
Study on criminology has begun in Europe between the late 1700s and the early 1800’s with the classic school of criminology.
Founders of this school like Cesare Beccaria and Jeremy Bentham were interested in finding right proportion of punishment
against crime. However few revisions to the earlier thought were brought in Neo Classical School. Neo classical criminologist
argued that people can be led by behaviour, which can be irrational.
The positivist school of thought also contributed for the development of criminology. Lombroso is a positivist and said to be a
father of criminology. As per this school all people are different physically as well as intellectually and therefore their punishment
should be based on the individual criminal rather than crime committed by them. Correctional method including treatment and
rehabilitation has their own limitations. And in this type of cases criminal who cannot be reformed should be hanged.
During 1920’s Robert E Park and Ernest Burgess started a study on criminology based on ecology and human environment. This
study is called as Chicago school of thought, which was developed and furnished in university of Chicago. This school has
combined criminology and sociology together and give explanation to crime and criminal behaviour. According to The Chicago
school of thought crimes tend to be taught by older criminals whom people may be associated with either personally or
professionally. The research of Henry McKay and Clifford Shaw’s research on juvenile delinquents latter developed as a new
branch of criminology.
Marx’s theory of surplus value indirectly mentions reference to crime causation. But Marx’s approach towards explaining human
conduct in terms of economics has helped in developing further criminological philosophy. The economics of criminality has given
absolutely new dimension to criminology.
Criminology is a combination of social action data with criminal activity to understand motive and establish appropriate
consequences. Criminology is necessary for proper development and execution of criminal justice system. It is necessary for
criminologists to understand why the criminal do what they do so that people will be safer and better understand and justly
punished for crimes. The main intention behind criminology is prevention of crime.
a. Jurisprudence of Criminology

The study of crime and crime causation has been the subject matter of theoretical explanation. Most of the theories of criminology
are concerned with relationship of state with its subjects. Classical school started the idea of rationalizing punishment. In the
beginning it was a challenge to state’s authority to punish the offenders. But later the philosophical development including
sociological and economic explanation of crime causation is also closely related with the original idea of limiting state in its power
to punish6.
In India jurist like professor Baxi expressed the view for critical examination of legal system with “right” based approach basically
he was of the opinion humane aspect should be consider in criminal justice system. His idea about “Right to be Human” in his
criminal justice system is an approach towards modernizing criminal justice system with new alternatives. Similarly, Professor
B.B. Pandey attempted to reform criminal justice system with humanitarian approach through reforming juvenile delinquency as
well as substantive criminal law.
This approach became part of judicial development in India. Judicial pronouncements with reference to the rights of accused
during arrest handcuffing, torture, use of third degree in the police custody, custodial violence, and protection against illegal
investigations are examples of this approach. Supreme Court’s decision related to police reform, jail reform, parole orders,
probation orders, and various affirmative actions for protecting rights of victims are also part of this approach.
 b. Radical Criminology

Critical criminology focusing on criminalization and administrative criminology focused simply on crime control. Both left the
view that realists supported the view that the post war period had seen increases in the crime rate combined with greater sensitivity
on the part of victims to its effects. Official statistics showed an increase in the crime rate and fear of crime had increased and there
was a real increase in crime rate.
In Radical Criminology nature and extent of crimes were analysed within the context of specific capitalist society. Under this
school of thought a society was seen and characterized by inherent class conflict, and other conflictual division based upon,
patriarchy and racism. Crime, law and social control were to be understood by locating them within material and ideological
contexts. The final goal was transformation of society along ‘socialist line, individualised, positivist, explanation of criminality
were rejected.
c. Neo- Classical Criminology

The ‘free will theory of classical school was challenged by many positivists, classical school had ignored the individual
differences and thereby failed to distinguish between first offender and habitual offender. According to Neo- classists’ offenders
such as minors, idiots, insane or incompetent had to be treated leniently in the matter of punishment irrespective of the similarity of
their criminal act because these person were incapable of distinguishing between right and wrong.
Mental depravity approach followed by neo classists was a progressive step. Neo- classical approach emphasized that mental
disorder deprive a person of his normal capacity to control his conduct and therefore such condition does not demand for
punishment but same is justified for psychopathic offenders. Neo classists never deviated from defining and criminalizing
particular act as an ‘offence’ or a ‘crime’ for the perspective of the act. As such, but while doing so, they stress upon mental
causation.
Neo classical school of criminology enriched the criminology with an idea that an individual might commit criminal acts due to
certain extenuating circumstances and such circumstance should be considered while at the time of awarding punishment and in
this way this school provides an alternative thought to the free will theory of classical school.
The Modern Age View of Crime
The time when Christianity introduced the merits of forgiveness and compassion, the views toward crime and punishment began to
evolve. The Roman Catholic theologian Thomas Aquinas best expressed these notions in his treatise “Summa Theologica.” It was
believed that God had established a “Natural Law,” and violation of the natural law is understood as a crime, which meant that
someone who committed a crime had also committed an act which separated them from God. It began to be understood that crimes
hurt not only the victim but also the criminal. Criminals, while deserving of punishment, were also to be pitied, as they had placed
themselves outside of God’s grace. Though these ideas were derived from religious studies, these concepts prevail today in our
secular views of crime and punishment.
Modern Criminology and the Secular Society
The kings and queens of those times claimed their totalitarian authority on the will of God, claiming to have been placed in power
by God and therefore acting within His will. Crimes against persons, property, and state were all viewed as crimes against God and
as sins. Punishment was often swift and cruel, with little regard for the criminal. Modern-day criminology developed out of the
study of sociology. At its core, modern criminologists seek to learn the root causes of crime and to determine how best to address it
and to prevent it. Early criminologists advocated a rational approach to dealing with crime, pushing against the abuses by
governmental authorities7.
The Italian writer Cesare Beccaria promote for a fixed scale of crime and corresponding punishment based on the severity of the
crime. He suggested that the more severe the crime, the more severe the punishment should be. Beccaria believed that the role of
judges should be limited to determining guilt or innocence, and that they should issue punishments based on the guidelines set out
by the legislatures. Excessive punishments and abusive judges would be eliminated. Beccaria also believed that preventing crime
was more important than punishing it. Therefore, punishment of crime should serve to scare others away from committing those
crimes. The thought was that the assurance of quick justice would convince someone otherwise likely to commit a crime to think
first about the potential consequences.
Lombroso believed that criminality was inherited and that criminals could be identified by physical defects that confirmed them as
being atavistic or savage. A thief, for example, could be identified by his expressive face, manual dexterity, and small, wandering
eyes. Lombroso did not, however, confine his views to male criminals. According to Lombroso female criminals were far more
ruthless than male; tended to be lustful and immodest; were shorter and more wrinkled; and had darker hair and smaller skulls than
‘normal’ women.
As a result Lombroso became known as the father of modern criminology. Lombroso was the first to realise that crime and
criminals could be studied scientifically, Lombroso’s theory of the born criminal dominated thinking about criminal behaviour in
the late 19th and early 20th century. Today, neuro-criminology draws on some of Lombroso’s theories to explore causes of
criminal behaviour – examining, for example, whether or not brain injuries or genetic abnormalities can lead to criminality or
whether violence can be caused by a clinical disorder. Recent studies have found that there may be a genetic origin for violent
crime, and that personality traits including criminality can be deduced from facial features.
Focus on the need for Criminology Study
Criminology is said to be the most dynamic field of study due to its widest reach and over branching in many other subjects of
science and humanities, Criminologists often examine various questions but three most important questions related with ‘types of
conduct’ which may be condemned ‘types of condemnation’ which may be more appropriate and ‘types of sanctions’ which are
best suited to prevent such conducts. Prof Sellin says that the object of the study of criminology is to study the sequence of law
making, law breaking, and reaction to law breaking point of view of the efficacy of law as the method of control8.
Criminology is an inter-disciplinary field of study, which include behavioural, social and natural sciences. Sociologists,
psychologists’ natural scientists have contributed through systematic research. This helped in the study of criminology. Due to
dynamic inherent force criminology has itself classified and distributed its scope amongst many subjects such as penology; the
study of prison, and prison system; bio-criminology, the study of biological basis of criminal behaviour; feminist criminology, the
study of women and crime ; and Criminalistics, the study of crime detection which is related to forensic science. With this
dynamism, criminology study has its objective not only to study the forces operating behind the incidence of crime but also variety
of co-related factors influencing the personality of the offenders and examine the deeper inside to formulate penal policy. One
main goal of the study of criminology has been the development of theories expressed sufficient precision that they can be tested
using data collected manner that allows verification and replications.

a. Prevalence of Crime

Crime in India has grown in its various facets. Almost every form of violence including traditional violent crime to modern cyber
crime and money laundering, all such crime has reached the highest level. The data published by National Crime Record Bureau
(NCRB) suggest that the quantum of total violent crime is continuously increasing from 2008 to 2012.

b. Study of Crime and Criminal Justice

In India crime and crime data relating to criminal incidences are recorded by National Crime Records Bureau (NCRB), an
instrument of ministry of Home Affairs, Government of India. The data collection is at different level , including violent crime,
offences against human body, offences against property offences against women, rape etc., These are the only data available for
the government for the purpose of any policy formation on penal issues.

c. Identification of causes of crime - theories

There are various approaches towards identifying causes of crimes. Causes of crime have been based on demonological, rationale
choice theory, biological traits, sociological factors, environmental factors and economic factors. None of these factors may be
said to have universal reason behind crime causation, though one or more of them may be contributing to crime.

d. Approaches to Crime

Crime control in India is based on popular perception about the power of State. State can regulate any given condition with its best
armed forces civilian as well as military. State create a fear for police power, However in the era of of terrorist activities, where
certain group never fear of their death, whole idea of regulating crime is now shifted towards more humanitarian approach

e. Focus on Individual and Environment

Crime prevention and mechanism for regulating criminal behaviour is now shifted to environmental factors. Individual behaviour
is now treated as only contributing factor in crime causation. Human environment including family, society, social division, caste
system, religion, and economic environment such as poverty, depravity and economic discrimination are the factors which are
seriously examined.

Ingredients of Crime
Criminal guilt or act would attach to a man for violations of Criminal Law. However, the Latin Maxim ‘actus non facit reum nisi
mens sit rea’ i.e. no crime without a guilty mind. The act should be a wrongful act- ‘actus reus’. A mere criminal intention not
followed by a prohibited act cannot constitute a crime. Similarly, mere ‘actus reus’ ceases to be a crime as it lacks ‘mens rea’. In
juristic concept , actus reus represents the physical aspect of crime, and mens rea, its mental aspect, which must be of the
criminal9. The criminal act causes harm to others. The chief elements necessary to constitute a crime are:
i. A human being under a legal obligation has to act in a particular way and he is a fit subject for appropriate punishment
for his wrongful acts;
ii. An act committed or omitted in furtherance of such an intent (actus reus);
iii. An evil intent on the part of such a human being (mens rea);
iv. An injury to another human being or to society at large by such act.

Among the elements of crime, actus reus and mens rea are considered as essential elements of crime.

1. Human Being

The act must have been done by a human being before it can constitute a crime punishable at law. Generally both the wrongdoer
and aggrieved/injured/deceased are human beings. In ancient times, punishment used to be inflicted on animals or inanimate
objects for injury caused by them. Baring Gould’s ‘Curiosities of Olden Times’ provides “The first time an ass if found in a
cultivated field not belonging to its master, one of its ear is chopped off. If it commits the same offence again, it loses the second
ear”. However, even the owner of the animal is taken to task for the wrongful acts of his animal. For example, if an ox gores a
man to death, the ox was stoned and the owner put to death”. With the development of the notion of mens rea as an essential
element of crime, the trial and punishment of animals and inanimate objects had to be given up. Therefore only a human being
under a legal obligation can be the subject of criminal law. It means a human being must have a body. Artificial persons
corporations are not capable of being punished10.

2. Actus Reus (Physical Act or Omission)

Penal liability resolves itself into two aspects, the act and the nature of the mind behind the act. The concept of an “act” needs
some careful consideration. An act is an event which is subject to the control of the human will.
Firstly, the act may be either positive or negative. A wrong-doer either does that which he ought not to do or omits to do that which
he ought to do.
Secondly, acts may either be internal or external. The former are acts of the mind, while the later are acts of the body. To think is
an internal act, to speak is an external act. Every external act involves more or less an internal act, which is related to it, although
the converse is not always true.
Thirdly, an act may be intentional or unintentional. An act is said to intended or intentional, when it is the outcome of a
determination of the person’s will directed to the end. It is intentional, when it is foreseen and desired by the doer. It is
unintentional, when it is not the result of any determination of the will and when it is not desired. Whether it is an intentional or
unintentional act, it may be internal or it may be external; it may be also positive or negative.
Every act is made up of the following three factors:
i. Its origin in some mental or bodily activity;
ii. Its circumstances;
iii. Its consequences

For example, the act of shooting involves all these factors. Firstly, there is a physical doing. Secondly, a person is in the range of
the revolver, and also the revolver is loaded. Thirdly, the consequences follow, namely, the trigger falls, the bullet is discharged,
and the bullet enters the body of the victim.
Where the law prohibits an act, it prohibits an act in respect of its origin, its circumstances and its consequences. Circumstances
and consequences may be relevant or irrelevant. Out of the numerous circumstances and the endless chain of consequences, the
law selects some as material, and they alone constitute the wrongful act, the rest being irrelevant. For example, in the case of
offence of theft, the time of the day when it is committed is irrelevant; whereas, in the case of the offence of house-breaking, the
hour during which it is committed becomes relevant in assessing the magnitude of the liability of the offender. Sec. 456 of the
Indian Penal Code considers house-breaking by night as an aggravated offence, whereas mere house-breaking (i.e., not at night) is
a lesser offence.
Two kinds of wrongful acts
Every wrong is an act which is “mischievous” in the eyes of law. An act may be mischievous, either in its actual results or in its
tendencies. The law might punish an act because the act involves certain harm. In some cases, the law might also punish certain
acts as those acts involve a mischievous tendency. In the case of the wrongs of the second kind, no damage must be proved. For
example, in the case of malicious prosecution, damage must be proved. Criminal wrongs belong to the wrongs of the second kind,
and proof of such act which the law considers to be dangerous in its tendency. But in the case of civil liability, proof of actual
damage is generally necessary, though in some cases, the commission of the civil wrong exposes the wrong-doer to liability, even
without proof of actual damage.
Mens Rea [Actus non facit reum nisi mens sit rea]
The doctrine of mens rea is expressed in the familiar Latin maxim, “actus non facit reum nisi mens sit rea’ i.e., the act does not
make one guilty unless the mind is also guilty. For example, a person having a gun in his hand shoots at a tiger, but kills a man
who was concealing himself behind a bush and was not visible to that person. He could have been held guilty if he knew that a
man is behind the bush or if he had been negligent but in the present example the person cannot be held guilty because neither he
had the knowledge that the victim was behind the bush nor he was in any way negligent. So a person cannot be held guilty of an
offence if the same could be excusable as an accident.
The importance of mens rea can be understood when we consider its application to factual situation. For instance, A slipped as he
walked and fell. As he fell, he lost his balance and pulled down B with him, B hit his head against the wall, sustained head injury
and died. A satisfies one portion of the definition of crime, which is doing an act which causes death. But still it does not constitute
the offence of murder because another essential element of the offence of murder i.e., the intention to cause death, is absent.
Hence A is not guilty of murder. Similarly, if a person intends to dishonestly take a movable property out of the possession of a
person without his consent, it amounts to theft. But if a person takes a movable property from a person without his consent, but by
mistake, the act does not constitute the offence of theft.
The following acts are considered as offences relating to mens rea under the IPC:
i. Intentionally joining an unlawful assembly (S.142);
ii. Harbouring rioters knowing fully well that they are rioters (S. 157);
iii. Fraudulently dishonestly or with intent to injure making a false claim in a Court (S. 209);
iv. Fraudulent use of weighing instrument knowing it to be false (S.264);
v. Uttering words with deliberate intention to wound religious feelings (S.298).

The principle relating to mens rea is well highlighted by Lord Wright in ‘Shenas v. De Rutzen [(1895) IQB 918] thus : “There is a
presumption that mens rea, an evil intention or a knowledge of the wrongfulness of the act, is an essential ingredient in every
offence, but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject-
matter with which it deals, and both must be considered.
Mens rea is an essential ingredient in every crime except in the following two types of offences where the presence of mens rea is
not important:
i. The misdemeanours of causing a public nuisance in which a person may be held liable.
ii. The Criminal Contempt of Court.

According to Wright, J the mens rea is an essential ingredient in every offence except in three cases:—
i. Cases which are not criminal but are prohibited in the public interest under penalty;
ii. Public nuisance; and
iii. The cases which are in the form of criminal cases but actually are for enforcing a civil right.

Mens rea refers to the mental element necessary for the particular crime. Mental element may be either intention to do the act or
bring about the consequence or in some crimes recklessness as to that consequence, it implies a blameworthy condition of mind
which involves a knowledge of the character of the act and foresight of the consequences. Mens rea does not mean a single precise
state of mind but it takes on different colours in different surroundings. The truth is that there is no single precise state of mind
common to all crimes.
Mens Rea in Indian Law
The term ‘mens rea’ is not mentioned anywhere in the Indian Penal Code. Though ‘mens rea’ is an essential ingredient of an
offence, it is not essential in respect of certain offences viz waging war (Sec. 121) Sedition (Sec. 124A), Kidnapping (Sec. 759),
abduction (Sec. 363), Counterfeit of coins (Sec. 232) etc. of Indian Penal Code.
Ratanlal & Dhirajlal observe that the maxim ‘actus non facit reum nisi mens sit rea’ has no application to the offences under the
Penal Code, because the definitions of various offences contain expressly a proposition as to the state of mind of the accused.”
According to Mayne, “Under Penal Code a maxim (mens rea) is wholly out of place. Every offence is defined and the definition
states not only what the accused must have done, but the state of his mind with regard also to the act when he was doing it. It must
have been done ‘knowingly’, ‘voluntarily’, ‘fraudulently’, ‘dishonestly’, or the like...”
Almost all the offences under the IPC are qualified by one or the other words such as ‘wrongful gain or wrongful loss (S. 23),
dishonestly (S. 24), fraudulently (S. 25), ‘reason to believe (S. 26), criminal knowledge or intention (S. 35), intentional cooperation
(S. 37), voluntarily (S. 39), malignantly (Ss. 153 & 270), wantonly (S. 153), maliciously (Ss. 219 & 220). All these words indicate
the blameworthy mental condition required at the time of commission of the offence in order to constitute an offence. Thus though
the words ‘mens rea’ as such are nowhere found in the IPC, its essence is reflected in almost all the provisions of the IPC, 1860.
Every offence created under the IPC virtually imports the idea of criminal intent or mens rea in some form or other.
In State of Gujarat v. D.P. Pandey [AIR 1971 SC 866], the Supreme Court Observed thus: “The broad principles accepted by
Courts in this county as well as in England are: Where an offence is created by a statute, however comprehensive and unqualified
the language of the statute, it is usually understood as silently requiring that the element of mens rea should be imported into the
definition of the crimes, unless a contrary intention is expressed or implied. In other words, the plain words of the general rule of
law that no crime can be committed unless there is mens rea, has not been ousted by the particular enactment.”
Difference between knowledge and intention
Knowledge is the awareness, foresight or even the expectation of the consequence of an act, whereas intention is such foresight
coupled with desire. When the knowledge is so strong that any person with common sense would consider the result to be the
inevitable consequence of the act of the wrong-doer, the law implies desire, and a such mental condition will be considered by law
to be constructive intention. This is also known as constructive dolus. The main difference between knowledge and intention is
that in the case of intention, the consequence is desired whereas in the case of knowledge, the consequence may or may not be
desired.
Injury
The last element of crime is injury. Injury means to cause harm to any person in body, mind, reputation or property. The act by
which injury is caused must be an illegal act. Section 44 of the IPC states : The word ‘injury’ denotes any harm whatever illegally
caused to any person, in body, mind, reputation or property.
Thus, there are four elements namely,
i. human being,
ii. actus reus;
iii. mens rea; and
iv. injury.

However there are some exemptions to this. There are some crimes which are not accompanied by guilty mind. There are the cases
of strict liability such as an offence of bigamy under Section 494 of the IPC. There are crimes even though the actus reus has not
been constituted. That means cases where no injury has been caused to any person. These are the cases of inchoate crimes, for
example attempt, abetment and conspiracy. There may be a crime where there is neither actus reus nor injury to a human being for
example the offences of making preparation to commit dacoity under Section 399 and assembling for the purpose of committing
dacoity under Section 402 of the IPC.

Classification of Crime
Crimes can be classified in many ways such as:
1. Crime against body
2. Crime against property
3. Crime against public order
4. Economic Crimes
5. Crime against women
6. Crime against children
7. Cyber crime
8. Crimes in Railway
9. Other IPC Crimes

A crime like assault, battery, or rape tends to injure another person’s body, so it can be classified as a “crime against the person.” If
a crime tends to injure a person by depriving him or her of property or by damaging property, it can be classified as a “crime
against property.”

The Development of Criminal Law

Criminal Justice in the Mughal Period
The criminal law system was not particularly viewed as a different branch of the legal system and was not separated as such till
recently. It was only after the advent of Muslim rule in India in the late 11th century and the establishment of the Mughal Empire
that criminal justice took crude form. Muslim law was applied by the Mughals for the administration of criminal justice and
managed to establish a well-established system in the regions of Bengal, Bihar and Orissa.
A brief introduction of the Muslim Law in India:
The original Muslim law generally classifies criminal acts into three broad categories. They include:

Crimes against God

Crimes against God are generally those crimes that are strictly prohibited in the Quran and they include apostasy, drinking,
intoxicants, adultery.

Crimes against the sovereign

Crimes against the sovereign are crimes which are viewed with less severity in the Quran like theft, robbery or murder. These
crimes are almost as the previous category and the punishments are as grave as possible.

Crime against private individual

They are specifically those crime committed against the human body like maiming or causing grievous hurt. Accordingly, the
Muslim law along with the classification also prescribes punishments for these crimes.
There are four kinds of punishments which are used in this law.

Kisa or Retaliation

Diya or Blood Money

Hadd or limits

Tazeer or Discretionary

Criminal law in the Madras Province

The Muslim law of crimes was operative in the mouffisil of the MadrasPresidency and it suffered with the same weaknesses in
Bengal before 1790. These defects were removed by legislation which followed practically the same course as in Bengal. The
reforms in the criminal law introduced in Bengal by Cornwallis during 1790 to 1793 and which were consolidated in Regulation IX
of 1793 were introduced in Madras through Regulations VII and VIII of 1802. Regulation XV of 1803 made provisions, practically
on the same lines as the Bengal Regulation LIII of the same year, regarding the doctrine of “Tazeer” and also for various types of
robberies, especially those committed with open violence attended with murder or other physical injuries. Regulation VI of 1811
provided for more effectual punishment of perjury and forgery were punishable in the discretion of the judge by beating,
Imprisonment and public ignominy. The persons convicted of these offences were committed to various but inadequate
punishments, to define the punishments for these offences, Regulation VI was passed. Regulation I of 1818 made murder
committed accidentally in execution of an unlawful intention punishable with death. Regulation I of 1822 made provision for the
more exemplary punishment of robbery by open violence. Regulation I of 1825 while making a number of modifications in the
criminal law also made evidence of a non- Muslim against Muslim admissible in criminal trials. Regulation X of 1827 introduced
trial by jury in the Province of Madras. Regulation I of 1830 abolished the practice of sati. Regulation XX of 1802, while making
provision for the trial of those who were regarded as guilty of these offences, failed to declare the punishment to which person held
guilty were to be subject. To maintain the just authority of the government, Regulation I of 1834 prescribe the penalty of death for
such offences. By the Act I of 1840, The Fodder Adalat was relieved from the obligation to take a fatwa from its law officers. The
reason to dispense with the fatwa were that the greater part of the existing criminal law was to be found in the Madras Code of
Regulations and the rest could be ascertained from the precedents of the Courts. The Judges could therefore, competently
administer criminal law without the aid of those officers.
Criminal law in the Bombay Province
In the matter of criminal law, the position of the Bombay Province was quiet different from that of the Bengal and Madras
provinces. In the mouffisils of Bombay Presidency, the Muslim law of crime was not the general law and was not as well
entrenched as it had been in the moufissils of Bengal or Madras. The Reason for this was that the large tract of territories which
came to constitute the Bombay Province had never been under the Muslim Rule. Therefore, the British Administrators, instead of
enforcing the Muslim law of crimes uniformly to all as the general law of the land, adopted the expedient of administering
personal law of crimes. The Scheme was laid down in section 36 of Regulation V of 1799. In the course of time, the frontier of the
Bombay Province expanded considerably with the annexation of the Maratha Territory. Mountstuart Elphinstone, the governor of
Bombay was convinced of the need for a better and more uniform system of civil as well as criminal law, throughout his province
and in 1827 his government enacted a series of regulations known as the Elphinstone code. Regulation XIV in the code contained
the criminal law to be applied in the company's courts in the mofussil of the Bombay Presidency. The Regulation had only 41
sections and defined and classified the acts and omissions which constituted punishable offences along with the scale of
punishment for each offence. It applied to everyone who was not a British subject. The fact remains that the regulation was neither
logical, nor analytical, nor systematic. Many Important classes of offences were altogether unnoticed by the regulation. The only
merit of the Regulation was that it was the First Attempt to Codify and digest Criminal law in India.
The effect of English Law in India
In spite of all the efforts by the British authorities to improve the legal system, the instability between the colonial public and the
native private was clearly exposed during the long-running debates about uniform criminal procedure. The governments repeated
efforts to appease the non-official community by securing inequality. Under the law indicate that a rule of law, initially conceived
of as a tool to control the influx of unwieldy elements of British society in India, became increasingly connected to the political
stability and economic prosperity of the empire, and not to the abstract principles of equality and uniformity.
The Modern Criminal System
At present the most important criminal laws used in India are the Indian Penal Code, The Criminal Procedure Code and the Indian
Evidence Act. The Indian Penal Code contains 511 Sections covering various aspects of criminal law including specific crimes like
dowry. The Criminal Procedure Code was enacted in 1973 and came into force on 1st April 1974. The Code of Criminal
Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India, contains 484
Sections 2 Schedules and 56 Forms and defines the legal professor adjudicating claims of violation of criminal law. The Indian
Evidence Act of 1872 which originally contained 167 sections contains rules and allied issues governing admissibility of any
evidence in the court of law. Codified laws like this build a firm foundation and help in the administration of good criminal justice.
Besides these major acts, special Criminal Laws are also passed by the Indian Parliament i.e. NDPS, Prevention of Corruption Act,
Food Adulteration Act, Dowry Prevention Act, the Defence of India Act, etc. thousands of minor laws are made in India11.

Sources of Crime Data

There are two databases that are consolidated by two different agencies in the government that are used to understand crime data
with respect to communal incidents in India. One is the Ministry of Home Affairs database (MHA) and the other is the National
Crime Record Bureau (NCRB), a wing within the MHA that maintains its own database about crimes, criminals and law
enforcement nationally.
MHA collects its communal incidents data from the states. Every year, the NCRB also collects data from the State Crime Records
Bureau of the State Government and compiles it into a Crime in India Report. The data is collected with the help of a standard
template. The report has detailed information on various types of crimes. The Bureau follows the ‘Principle Offence Rule’ for
counting crime. Hence, among many registered offences in a single case, only the most heinous crime is considered as a counting
unit in its data.
For example, in the case of Mohammad Akhlaq being lynched by a mob in December, 2015 – the FIR states that all the accused
have been booked under the following sections of the Indian Penal Code (IPC).

IPC Section 147 – Rioting

IPC Section 148 – Rioting Armed With Deadly Weapon

IPC Section 149 – Unlawful Assembly

IPC Section 302 – Murder

 IPC Section 307 – Attempt To Murder

IPC Section 458 – House Trespassing Or House Breaking

IPC Section 504 – Intentional Assault With Intent To Breach peace

Whether the state government has some system to report the above as a communal incident is not known. Hence the MHA data
might or might not have included this crime. In the case of NCRB, only section 302 – Murder would be counted for data collection
because it follows a principle offence rule by considering only the most heinous crime.
Important details that give context and help define the nature of crime like rioting with deadly weapon and unlawful assembly of
people in large numbers to kill will be automatically eliminated and will not be part of the data. Same would be the case of
lynching of a Police Officer in Jammu & Kashmir.
Since the basis of both the databases is not uniform and very different, every year, there is a difference in number of crimes that
the MHA and the NCRB report. The figures for communal incidents in the past three years are indicated below will help
understand it better. It is not just the difference in numbers at a national level; there is no uniform pattern in the number of
incidents in different states as well.

Crime Reporting
Efficient way of reporting crime is a very important factor in Crime investigation. Till present, crime reporting system in India is
either online FIR system or manual reporting in Police stations. If any incident happens in any area, then crime reporting can be
done via telephone or in person. No actual scene reporting is possible till date. People should be able to seek help in case of
emergency on time. A large number of incidents happen in front of people but people are unable to report those incidents to police
immediately. India must focus on inculcating an automated system for immediate crime reporting to police surpassing all
controllable and uncontrollable factors responsible for unreported crimes.
According to the current law, information relating to an offence has to be given orally to an officer in charge at the police station,
who shall put it in writing as a First Information Report (FIR) and register a case if he deems fit. In some cases, a police officer has
right to conduct a preliminary enquiry before registering a case. This system is largely abused and manipulated to avoid registering
cases and intimidate and harass victims who want to set the criminal law in motion. Some officers might not be inclined to register
the case because they might not see any personal benefit – monetary or otherwise. In certain instances, the police stations might be
over burdened with existing investigations and feel that the case might not come to closure. As a result, crimes tend be under
reported and not investigated at all.
Currently, the data is recorded by the states and then reported to the Central government – Ministry of Home Affairs (MHA.) The
National Crime Records Bureau (NCRB) collects data from the State Crime Records Bureau, which is again a state government
agency. Data is being under reported at the central level. Creating centralized online data systems that register and store data at the
state level but automatically accessible at the center might be an efficient way to reform the existing system. This will reduce time
and eliminate discrepancies. The Crime and Criminal Tracking Network & Systems (CCTNS) may be a step in that direction.

Uses of Crime Data

In general, the uses of existing crime data include operational and resource allocation decisions by law enforcement, local and state
government agencies, and businesses and other groups. Crime data are also a critical source of information for program and policy
evaluations by researchers in government, academia, and the public and private sectors. They are also used by advocates of
particular issues and by the public, and are often seen as measures of accountability. For some of these purposes, existing crime
data appear to be adequate, though users often noted many ways that the available data could be suggested.

Schools of Criminology
Pre - Classical School
Pre eighteenth century idea of crime causation was based on spiritual explanation of crime. St. Thomas Aquinas (1225-1274) was
of the opinion that there was God Given ‘natural law’ exposed by observing through the eyes of faith, that natural tendency of a
man is to do ‘good’ rather than evil. If someone violates the natural tendency of being man and goes against the nature then he
actually commits a ‘sin’ and since committing crime was declared as a ‘sin’, State claimed ‘moral authority’ to banish the same by
horrible and gruesome torture against such sinner/ offender. And while doing so state was putting itself as a representative of God,
fulfilling ‘divine will’.
In the later period Hobbs Locke, Rousseau and Voltaire have presented their social contract theory in which they presented the
naturalistic argument that people always pursue their own interest without caring about others. In the situation of war against all
they suggested theory of social contract whereby they tried to explain existence of State as a social contract. In which individual
surrender some liberties so that State may regulate their interest and establish peace and security in the society. As per this theory
an individual was explained as rational person having full wisdom as to decide his /her action. Therefore, the classical ‘social
contract theory has substituted the naturalist argument to describe individual and his action rather than the spiritual argument12.
Classical School
During the18th century intellectual development and the existing spiritual repressions by church resulted into two opposite
psychological states of mind that is hope and fear. This contrasting hope and fear resulted into exploring an alternative thinking
regarding human future. This was the time when there was imminent fear of the breakdown of society due to rising modernism,
intellectualism, individuality and the fear about the mob, the ragged poverty- stricken mass of humanity. There was fear that God
was slowly dying, and in the absence of God there will only be the mass of individuals and their capacities that is reason
experience, and human ability to interact with nature. English social theorist like Thomas Hobbes linked fear and knowledge to
construct a new imperative of human endeavor. His argument based on intellectual demand, which give us real knowledge of
human condition so that we can create a device to provide social stability. In the answer to this fear reflected in the alternative idea
that is it must be the “‘will of all” which must command the other. The law must be the instrument to regulate various types of
interest. When it comes to choose between authority and radical democracy’ or totalitarianism and radical democracy or command
of sovereign versus law as the expression of the will of the people it was the alternative that is will of all, which was accepted as a
future course13.
Under this theory human behaviour including criminal behaviour is conceived as ‘self controlled’, ‘self generated’ and self
directed. Thus, being person centric such behavior must be changed by the way of external instruments. Such as fear of
punishment. The fear of punishment will bring change in human will and thus a change in behaviour.
According to Beccaria the function of legal punishment is to ensure the continued existence of society as idealized as reflected in
social contract theory. Beccaria believes that crime is inherent in every society and punishment is inevitable. But the punishment
should be proportional to the degree of crime violates the sanctity of property, personal well-being, and the welfare of the state.
Punishment in excess of this accord is illegitimate and contrary to the social contract.
According to Taylor Beccaria has used social contract theory for the purpose of theorizing his idea of ‘social contract’. Social
contract theory set the limits of:
i. The manner in which state should react to the criminal

i. In the case of deviation, it prescribes labeling of such acts against those deviation
ii. Social basis of criminal law
An important contradiction in social contract theory was that on one hand it was talked about men being ‘rationale’ and ‘equal in
the eyes of law’ on the other they always fighting with each other due to their passion of an unthinking self interest.
While, the classical School emphasizes the idea of ‘freewill’ and as method of reducing criminality suggests instrument of
‘punishment’ for diverting his ‘free will’. Many States started enhancing punishment for regulating the growing rate of crime.
Even though a punishment has been enhanced States fails in regulating deviant behaviour and social restlessness which resulted
into a new pattern of explaining crime causation. This resulted into practice of identifying man with the rest of biological life in
nature and accordingly man and his criminal behaviour was tried to be examined in terms of physiology, anatomy, medicine,
psychiatry, and to some extend psychology. This process resulted into positivist school of criminology.
Neo-Classical School
The ‘free will theory of classical school was challenged by many positivists, classical school had ignored the individual
differences and thereby failed to distinguish between first offender and habitual offender. According to Neo- classists’ offenders
such as minors, idiots, insane or incompetent had to be treated leniently in the matter of punishment irrespective of the similarity of
their criminal act because these person were incapable of distinguish between right and wrong.
This tendency of neo-classists to distinguish criminals according to mental depravity was altogether a different approach and a new
trend in examine the criminals it was not only a progressive step but also helped in developing the alternative theory for explaining
the juvenile delinquency etc., Neo- classical approach emphasized that mental disorder deprive a person of his normal capacity to
control his conduct and therefore such condition does not demand for punishment but same is justified for psychopathic offenders.
Neo classists never deviated from defining and criminalizing particular act as an ‘offence’ or a ‘crime’ for the perspective of the
act. As such, but while doing so, they stress upon mental causation.
Neo classical school of criminology enriched the criminology with an idea that an individual might commit criminal acts due to
certain extenuating circumstances and such circumstance should be considered while at the time of awarding punishment and in
this way this school provides an alternative thought to the free will theory of classical school. Neo classists have examined
causation limited to psychopathy or psychology, but later on positivists put serious attempts to examine variety of environmental
factors.
The main dispute against neo- classical theory is about its belief that the criminal, whether responsible or irresponsible, is a threat
to society, and therefore, needs to be eliminated from it.
Positivists School
Positivists’ school has its significance in the ‘shift’ in emphasis from attention to self- motivated, self directed behaviour to an
attempt to find differentiating characteristic’ that would mark off the criminal from non criminal. Positivists searched four
‘Criminal types’ whereas, physical criminal type, mental type, psychopath, and socio economic disadvantaged type. Positive
school with its dominated American criminological thinking finds supporters in biology, psychiatry, psychology, social work,
sociology, and anthropology each of whom applies concepts of his science to the study of the criminal.
Most of the theorists of positive school oriented their study towards, an interest in individual offenders, his personality, body
building, intelligence, family background, the neighborhood, from which he comes or the group to which he belongs. The
criminologist looks for the etiology of crime in behavior systems rather than in legal system.
Clinical School
The theory of Modern Clinical School presupposes offender as a product of his biological inheritance conditioned in his
development by experiences of life to which he has been exposed from childhood up to the time of the commission of crime.
Clinical School takes into account variety of factors for explaining crime causation. According the Clinical School criminals who
do not respond favorably to correctional methods must be punished with imprisonment or transportation for life while those who
respond favorably and merely a victim of social condition should be subjected to correctional methods such as probation, parole,
reformatories, open air camps, etc. The main theme of Clinical School is that the personality of a man is a combination of internal
and external factor and therefore punishment should be depend upon personality of the accused. This is known as correctional
trend of reformation through individualization.
Sociological School
Sociological School follows two different approaches towards examining sociological perspectives of crime and crime causation.
Criminal behaviors are explained either in terms of social structure or the organisation of society or the environmental factors
facilitating criminal causation. Under this approach individual characteristics are not examined. Thus, social structural approach
does not explain crimes in terms of the process by which individuals turn to crime. Other sociological perspective, wherein process
of learning criminal behavior is involved explain crime learning process through various theories such as Ecological theory,
subculture theory, routine activity theory, conflict perspective, learning theory, control theory, social learning theory, labeling
theory, and integrated theory14.

List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

1. R.C.Nigam , Law of Crimes in India (Vol I) (1965) Asia Publishing House

2. Supra N1
3. Girjesh Shukla, “Criminology: Crime causation , sentencing and Rehabilitation of victims” , Lexis Nexis 2013
4. Supra N3
5. Ahmad Siddique, Criminology-Problems and Perspectives, Eastern Book Company.
6. K.D.Gaur, Crime Aims and Objects in Criminal Law and Criminology, Deep & Deep Publications, New Delhi
7. Justice Krishna Iyer, Perspectives in Criminology - Law and Social Change, 1980
8. Edwin H. Sutherland, Principles of Criminology.
9. H.S.Gaur, The Penal Laws Of India, Vol. I , 2000.
10. J.S. Sarkar , I. P.C. 1 8 6 0, Kamal Law House.
11. P.Kamalakara Rao, “Professional Crime in India”, Cosmo Publication
12. Supra N3
13. Supra N3
14. Supra N3

Unit II - Crime Causation

Course Outline of Unit II: Crime Causation

This Unit contains discussion on following topics :
Individual Centric Causes - Societal Centric Causes - Theories on Crime Causation - Juvenile Delinquency - Legislation -
Juvenile Justice (Care and Protection of Children) Act, 2000 - Statutory Bodies and Procedure - Reformative Institutions under
the Act - Rehabilitation Process - Case Law.
Disclaimer: This subject content as provided under AIR Online Education Support Suite is only Study (Reference) Material for
supplementing your Academic Classroom (Text Book) Learning. These are not Text Books on the Law Subjects.

Introduction
Crime is an aspect of life that all citizens must deal with as it seems to have been around as long as civilization itself. Crime has
ravished communities for centuries and one assertion is that crime is more prevalent in poor inner-city neighborhoods than it is in
equivalents that are more affluent. Finding the root source of this plague has been on the minds of criminologists and others for
centuries. This is because the control, reduction, and prevention of crime has been a major problem in our society and many others.
There have been many different angles that have been studied as the potential cause of crime. Currently, the three major aspects
include a lack of education, living in poverty, and being raised in a single parent home. Each of these perspectives offer insight to
crime’s true cause1.
Crime is a social phenomena with ethical, legal and psychological parameters. So multitudinous criminogenic causes are attributed
to the incidence of crime . The criminogenic causes can be mainly divided into two forms:

Individual centric causes and

Society centric causes.

Individual centric causes are intelligence, heredity, chromosomes, endocrine disorders, sex, age, alcoholism, drugs, psychological
conditions and ecology. Society centric causes include social disorganisation, mobility, anomie (normalessness), labelling, family,
group, religion, education, mass media, economic factors and political factors.
All these causes can be responsible for criminal behaviour individually or taken together. Legally speaking, a criminal is one who
is convicted by a court for violating the law of the land. A person who is arrested by the police but is let off by the Court cannot
be designated as a criminal i.e. technically the term criminal cannot be applied to one who has not been convicted of a crime.
Systematic study of crime causation is of rather recent origin. During the medieval and early modem periods many explanations of
crime were stated and accepted. Probably the principle explanation during the time was that crime was due to innate depravity and
the instigation of the devil. Today of course this view point is considered unscientific and outdated.
Theories of Crime Causation
1. Genetic / Biological Theory of crime causation

Biological theories of crime causation are based on the assumption that the crime is inherited, and offenders differ from non-
offenders in physiological way. Biological explanation for crime causation theory can be subdivided into
a. Born criminal theory of Cesare Lambroso
b. Psychological theory of Sigmund Freud
c. Psychopathology
Born criminal theory of Cesare Lambroso
Born criminal theory was propounded by Lombroso, criminals are atavists or throwback to more primitive beings. They could be
recognised by a series of external features including receding foreheads, development of their jaws, large or handle shaped ears etc.
These external features were attached with their personality type laziness, moral insensitivity, and absence of guilt feelings
respectively. It is not that Lombroso restricts himself to biological traits but in his later research he also recognises the role of
social factors in the crime causation.
Follower of Lombroso continued searching biological or genetic reasons for crime causation. Study like identical twin was
conducted assuming that genetics determine criminality, when one twin is criminal the other will also be criminal.
In research conducted by Richard Dugdale he demonstrates that over generation Jukes family had been characterized by
criminality. Though he believed that crime and heredity were related but his own admission that over the years the family had
established a reputation for deviant behaviour points to the possibility that other factors such as, learning and labeling might be of
equal or greater importance in explaining his observations.
In recent studies with mixing the biological and social factor, it was observed that relationship among genetics, the environment,
and delinquency have close relationship. In 1939 Ernest Hooton wrote of the consequences of biological causes of crime for
rehabilitation and control of offenders. According to Hooton if criminality is inherited, the solution to crime lie in isolation and /or
sterilization and exterminated of offenders to prevent them from remaining active on the genetic pool of a society. Recent
developments that have made it possible to create human genetic blue prints, hailed as one of the greatest scientific contribution of
the 21st century, make it likely that if there is a genetic link to crime, it will be discovered.
a. Psychological Approach
Human brain is often held responsible for abnormal behaviour including crime. And with this assumption various psychological
theories of delinquency were propounded supporting the view that individual commit crime due to lack of intelligence and/or
personality disturbances.Psychological school was convinced about biological factors.Sigmund Freud who is regarded as a father
of psychoanalytic approach in explaining behaviour believes in the technique of introspection. Freud divided personality into three
components: the id, ego and super ego. The function of id is to provide for the discharge of energy that permits individual to seek
pleasure and reduce tension. The ego controls and governs the id. And the super ego is equated with the concept of conscience.
Both ego and super ego are thought to develop out of the individual’s interaction with his or her environment.

b. Psychopathology

Psychopath is the most commonly used term to describe certain types of criminals and delinquents. This term is used to describe
aggressive criminals who act impulsively with no apparent reason. Various attempts have been made to clarify the concept of
psychopathology but such attempts have helped in understanding relations between psychopathology and criminality. Gough
conceptualized psychopathy as inability to take role of other and the scale he developed to measure the role taking ability scored
lower for offenders than non offenders. Additional attempts to explore relationship between psychopathology and delinquency
include those by Ireland, Smith and Thornberry who focus on the theory of development psychopathology. The basis of this theory
is that development is age- graded and hierarchical in nature.

2. Sociological Theory of Crime Causation

Sociological theories relating to crime causation deals with different external factors, like some theories deals with social class
and/or family differences, some deals with blocked educational and occupational goal, some deals with effect of official labeling.
However most of theories believe that delinquent behaviour are the product of social interaction rather than results of heredity or
personality disturbance. Thus they predict and explain criminality in social context2.
a. Anomie and Strain Theory

Anomie theory of Durkheim’s is a breakdown of social norms or the disassociation of the individual from a general sense of
morality of the times, led Merton to focus on the discrepancy between societal goals and the legitimate means of attaining those
goals. Merton examines the mismatch between social and individual goals,he expressed that strain is placed on those who wish to
pursue societal goals but lack the legitimate means of doing it. Merton advised that people try to adapt to this strain, and while
doing so they tend towards criminality. Cohen applied the same ‘strain theory’ to explain juvenile gangs.
Sykes and Matza rejected the idea of firm commitment to subculture values as necessarily a precursor of delinquent behaviour, as
argued by Cohen, Miller and others. In 1985 Agnew revised strain theory and promoted three type of strain which led into
criminality.
Firstly the individual’s failure to achieve goals, Secondly loss of a source of stability. E.g., death of loved one;thirdly when
individual if confronted by negative stimuli. E.g., lack of success. He expressed that criminal victimization is due to consequential
strain experienced by adolescents and therefore might be cause of delinquency. However he examined how specific form of strain
including emotional abuse, physical abuse, sexual abuse, homelessness, being a victim of robbery, being a victim of violence,
being a victim of theft, relative deprivation, monetary dissatisfaction and unemployment are related to crime and drug use.He
concluded that all types of strain examined by him lead to criminal behaviour either as main factor or interacting with conditioning
variable.
There is numerous criticism of strain /anomie theory. It tends to focus almost exclusive on lower- class delinquency.
b. The Ecological/ Social Disorganization Approach

This approach focuses on the geographical distribution of delinquency. Shaw and Mckay(1942) and later others, found that crime
and delinquency rates were not distributed equally within cities. According to Wilks (1967), to predict delinquency using
ecological/social disorganization approach, it is necessary to be aware of the existing social, structure, social processes and
population composition, as well as the area’s position within large urban societal complex because these variables affects the
distribution of delinquency. The ecological/social disorganization approach to explaining delinquency has been challenged on the
ground that using only one variable to explain delinquency is not likely to lead to success. However ‘group crime rates’ does not
tell that a particular individual is likely to become involved in crime. Apart from this criticism it was concluded that the early
development of the interactionist perspective, control theory, and conflict theory all are reflected in this group crime approach.
c. Edwin Sutherland’s Differential- Association Theory

Sutherland’s differential association theory combines some of the principles of learning theory with a notion that learning takes
place in interaction within social group. This learning primarily happen in family or gang, individuals learn how to define different
situations as appropriate for law- violating behaviour where the balance of definition is favorable to law- violating behaviour he is
more likely to commit crime.
Sutherland approach discussed both deviant and normal social behaviour as learned phenomena and indicates that primary group is
crucial in learning process. Sutherland suggested that it is not differential association with criminal and non criminal type that
determines the individual behaviour but rather it is differential association with definitions favorable or unfavorable to law
violating behaviour.
Glaser made an attempt to improve the Sutherland theory, and referred this theory as differential anticipation. Differential
anticipation theory explains that expectations determine conduct and expectations are determined by social bond, differential
learning, and perceived opportunities. Burgess and Akers also expanded on leaning theory approach developing the differential
association and differential reinforcement. These theories are diverse as they extend Sutherland while be compatible with most of
the approaches.
d. Labeling Theory

This theory suggests that though many individual commit deviant act, but only some are dealt with officially. The reason behind
selective labeling is due to the time at which it occur or the place where it occur or the people who observe the act etc., these all
factor play crucial role in determining whether or not official action will be taken. According to labeling theorists society’s
reaction to deviant behaviour is crucially important.Once official action has been taken against individual’s deviant behaviour the
alleged deviant is first, arrested or taken into custody, second, individual is confronted generally at trial or hearing, third the
verdict or decision is rendered against deviant individual, and finally the individual is imprisoned or committed to an institution or
put back to society on probation. The result is that the individual is officially labeled as deviant.
One of the consequences of labeling in our society is that once labeled, the individual may never be able to redeem him or herself
in the eyes of society. It is more difficult for the rehabilitated deviant to succeed in the larger society and there are greater chances
that he or she will return to old associates and old ways. It is because of this that labeling individualis forced to continue his/her
career in deviance.
The labeling theory accurately describes how individuals become labeled, and why some maintain deviant careers, and some of
the possible consequences of labeling. Through this approach, deviance is viewed as a product of social interaction in which the
actions of both the deviant and his or her audience must be considered.

3. Economics and Crime Causation

Conflict Theory

Chambliss described conflict theories of crime as focusing on whole political and economic systems and on class relations in those
systems. According to conflict theorists conflict is inherent in all societies and focus on conflict resulting from gender, race,
ethnicity, power, and other relationships. Conflicts results from competition for power and those who are successful in this
competition define criminality at any given time. Therefore, criminal behaviour is viewed not as universal or inherent but as
situational and definitional. This view does not account for individual acts of criminality occurring outside the group context but it
serves as alert to the social factors that may be related to criminality.
Marxist approach
Marxist Approach to criminology and delinquency finds the causes of such phenomena in the suppression of lower social class by
Ruling class. It means laws are passed and enforced by those who monopolize the power against those who are powerless. Many
supporter of this approach assumed the root cause, to be inherent in the social structure of capitalistic societies. Labeling the
dissatisfied as criminal and delinquent allow the ruling class to call on law enforcement officials to deal with such individual
without needing to grant legitimacy to their dissatisfaction. These are some of the essential elements of most radical or critical
explanations of delinquency and crime.

Radical Criminology

Relative criminology became popular in the United State during 1970’s and 1980’s; popularity of this criminality has been
declined over the years. Delinquency appears to be rather uniformly distributed across social classes, contrary to the teaching of
Marxist approach.Additionally this approach fails to recognize that the legal order serves the purpose of maintaining the system in
all known types of societies.

Feminist

Feminism approach is studying crime and delinquency focusing on women’s experiences typically in the area of victimization,
gender difference in crime, differential treatment of women by justice network.Traditionally criminology has largely ignored
female crime, concerning that whether the theories of crime can directly apply to women. There are clearly differences in nature
and extent of crime by gender. But there is a question whether or not these theories can explain the difference and the question is
still remained the same because of very less support for this approach.

Control Theories

Control Theories assume that all of us must be held in check or “controlled” if we want to oppose to committing delinquent and
criminal acts. The types of systems used to control or check delinquent behaviour fall into two category; Personal and Social .The
containment theory of Reckless, emphasize on both inner control and external pressures on self concept. A poor self-concept is
thought to increase the chances that a juvenile will turn to delinquency; a positive self conceptis seen as insulating the juvenile
from delinquent activities. Negative self-concepts and low self-esteem have also been frequently noted as characteristics of those
who abuse or neglect children .
In 1990, Hirschi collaborated with Michael Gottfredson to develop a “general theory of crime”. In which they sought to examine
crime conduct in context of deviant behaviour. In general they viewed crime as low self control that results in desire of immediate
gratification. This theory has been criticized on several grounds but, has provoked a good deal of empirical research. Church
Wharton and Taylor investigated family stressors, family cohesion and non familiar relationship in an assessment of differential
association and control theories and found that only family stressors had direct effect on delinquency. They also found that being
male was the strongest predictor of delinquency. These finding supports the control theory.

Integrated Theories

Various attempts have been made to integrate two or more theory to provide more comprehensive explanation of criminal and
delinquent behaviour. Some theories of more prominent attempts are Developmental and life course theory . This theory attempts
to explain how anti social behaviour develops, how different risk factors exist at different stages of life, and the differential effects
of life events on antisocial behaviour. Moffitt developed a life course- persistent/ adolescence limited theory that attempts to
explain anti social behaviour using biological, psychological, and sociological approaches. According to Hagan and Parker life
course capitalization theory proposes that low intergenerational educational aspirations and educational underachievement is
disadvantageous to adolescents and that subsequent adult and parenting problems may well result from this disadvantage.
Interactional theory represents an attempt to combine social learning, social bonding and social structural theories3. This theory
holds that,like all other human social behaviour, delinquency is the result of interactions among individuals and is the result of
learning and exchanges that occur in such interactions. Hayes notes that labeling, differential association, social learning, and
social control theory, all provide useful information in the delinquency process. The author concluded that these findings support
the use of integrated theory in the study of juvenile delinquency. This integrated theories is important because all criminological
theories have implications for criminal justice policy and practice.

Juvenile Justice
The future of the nation lies in the hands of the Children, who have been recognized as the supremely assets of the nation but
because of the indifferences of our society in all spheres, these future stake holders are not brought up properly which leads to
child delinquency. Child or juvenile delinquency is an alarmingly increasing problem causing a source of concern in all over the
world. Children ought to have been the subject of prime focus of development planning, research, and welfare in India but
unfortunately, it has not been so. Despite the Constitutional vision of a healthy and happy child protected against abuse and
exploitation, and a National Policy for Children, the majority of children in India continue to live without a cared, protected and
meaningful childhood4.

History of Child Delinquency in India

The first legislation on juvenile justice in India came in 1850 with the Apprentice Act which required that children between the
ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted
by the Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960. The first proper intervention
by the government of India in justice for children was via the National Children’s Act, 1960 . This act was replaced later with
Juvenile Justice Act, 1986. In 1992, India ratified the United Nations Convention on the Rights of the Child (UNCRC). To adapt
to the standards of the convention, the 1986 act was repealed and the JJ Act, 2000 was passed. The JJ Act 2000 dealt with two
categories of children viz. ‘child in conflict with law’ and ‘child in need of care and protection' .The said act came to be amended
from time to time to incorporate new provisions and concepts relating to a child.
It was the need of the time to re-enact the Juvenile Justice Act, 2000 taking into consideration various international conventions.
The concept of juvenile in India, until passing of Children Act, 1960 there was no uniformity regarding age limitation of juvenile
delinquent. Bombay Children Act 1948, Haryana Children Act defined “Child” to mean a boy who has not attained the age of
sixteen years or girl who has not attained age of eighteen years.
The U.P Children Act and The East Punjab Act, Andhra Pradesh (Telangana Area) Children Act defined “Child” as a person under
age of sixteen years. Under A.P. Children Act 1920 “child” means a person under 14 years. The Saurashtra & West Bengal defines
a “child” a person who has not attained the age of eighteen years. Juvenile Justice Act, 1986 defined a juvenile or child to be a
person who in case of a boy has not completed age of 16 years and in case of a girl 18 years of age. The JJ Act, 1986 was repealed
by 2000 Act and the distinction with regard to age between male and female juveniles has been done away with by the
Government of India in performance of its obligation to the international obligations. Now age of juvenile in conflict with law for
male and female has been fixed at 18 years.

The Juvenile Justice Act 2000

The Juvenile Justice Act 2000 is an act to consolidate and amend the law relating to juvenile in conflict with law and children in
need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by
adopting a child friendly approach in the adjudication and disposition of the matters in the best interest of children and for their
ultimate rehabilitation and matters connected therewith or incidental thereto5.
Juveniles: Who are They
A “Juvenile” or “Child” means a person who has not completed eighteen years of age.
According to International Law, a ‘Child’ means every human being below the age of 18 years. Today this is a universally
accepted definition of a child which comes from the United Nations Convention on the Rights of the Child (UNCRC).
Under the Indian Law
Sec. 2 (k) of the Juvenile Justice (Care and Protection of Children) Act,2000 defines “juvenile” or “Child” as a person who has not
completed eighteen years of age.
According to Sec. 2 (d) of Juvenile Justice Act, a child in need of care and protection means:

child who is found without any home or settled place or abode and without any ostensible means of subsistence.

Child who is found begging or who is either a street child or a working child.

Child who resides with a person, whether a guardian of the child or not, and such person has threatened to kill or
injure the child or abused and there is a reasonable likelihood of the threat being carried out or has killed, abused or
neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused
or neglected by that person.

Child who is mentally or physically challenged or children suffering from terminal or incurable disease having no one
to support or look after.

Child who has a parent or guardian, such parent or guardian is unfit or incapacitated to exercise control over the child.

Child who does not have parents and no one is willing to take care of or whose parents have abandoned him or who is
missing or run away child and whose parents cannot be found after reasonable inquiry.

Child who is being grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts.

Child who is found vulnerable and is likely to be inducted into drug abuse or trafficking.

Child who is being or is likely to be abused for unconscionable gain.

 Child who is a victim of any armed conflict civil commotion or natural calamity.

Juvenile/Child in conflict with law?(JICL)

Section 2 (l) of the Juvenile Justice Act, 2000 has defined “juvenile in conflict with law” as a juvenile who is alleged to have
committed an offence and has not completed eighteenth year of age as on the date of commission of such offence6.

Competent Authority
Juvenile Justice Board is the competent authority in relation to juveniles in conflict with law. Sec. 4 authorizes the State
Government to constitute Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on
such boards in relation to Juveniles in conflict with the law under this Act.
Juvenile Justice Board has the powers to deal exclusively with all proceedings relating to juveniles in conflict with law. The Board
shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of
whom at least one shall be a woman.
The object behind constituting a Board is that the matters of children should not be dealt by regular courts. The purpose is to keep
the children away from the atmosphere of regular courts which may adversely affect the psychology of a child. A joint proceeding
of an adult accused and a child is also not permitted. Board shall not conduct a trial but an enquiry of the offence committed by a
child and the same shall be completed within four months unless it is extended for a further maximum period of two months for
reasons to be recorded.
In Ajit Kumar v. State of Bihar [AIROnline 2018 pat 1852]7 , a person who was juvenile on date of occurrence could not be tried
in regular trial under Cr.PC with those who were not juvenile on date of occurrence. It was held that petitioner should not face
regular trial but instead an inquiry would proceed under the Juvenile Justice Act.
Procedure In Relation To Board
1. The Board shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at
its meetings, as may be prescribed.
2. A child in conflict with law may be produced before an individual member of the Board, when the Board is not sitting.
3. A Board may act notwithstanding the absence of any member of the Board, and no order made by the Board shall be
invalid by reason only of the absence of any member during any stage of proceedings. Provided that there shall be at least
two members including the Principal Magistrate present at the time of final disposal of the case.
4. In the event of any difference of opinion among the members of the Board in the interim or final disposition, the
opinion of the majority shall prevail, but where there is no such majority the opinion of the principal Magistrate shall
prevail.

Orders that may be Passed by the Board

Irrespective of the age of a child in petty offences, serious offences and heinous crime committed by a child below 16 years, if
Board finds that child has committed an offence, then the board may pass an order to go home after advice or admonition, or group
counseling or community service. A child may be released on probation and placed under the care of guardian or fit person or fit
facility but he shall be kept only for three years.
In case of heinous crime committed by children between 16-18 years board shall complete a preliminary assessment within a
period of three months from the date of first production8.
Where the juvenile Court is satisfied that the offence committed by the juvenile is of serious nature, it may order him to be kept in
safe custody in such place and under such body as it thinks fit , but such custody shall never be for a period of more than the period
for which he was liable to be sentenced.9

Need of New Juvenile Justice Enactment of 2015

The Articles 15(3), 39 (e) and (f), 45 and 47 of the Constitution of India confer powers and impose duties on the State to ensure
that all the needs of the children are met and their basic rights are fully protected. It was the need of the time to re-enact the
Juvenile Justice Act, 2000 taking into consideration various international conventions. The concept of juvenile in India, until
passing of Children Act, 1960 did not have uniformity regarding age limitation of juvenile delinquent. Bombay Children Act 1948,
Haryana Children Act defined “Child” to mean a boy who has not attained the age of sixteen years or girl who has not attained age
of eighteen years. The U.P. Children Act and The East Punjab Act, Andhra Pradesh (Telangana Area) Children Act defined
“Child” as a person under age of sixteen years. Under A.P. Children Act 1920 “child” means a person under 14 years.
The National Crime Record Bureau (N.C.R.B.) data shows that there had been an increase of offences committed by juvenile,
especially in the age group of 16-18. One of the preparators in the Delhi gang rape of 2012, was few months short of 18 years age
and he was tried as juvenile. He was sent to Reformation Home for 03 years and was released in December, 2015. This had raised
the public demand for lowering age of juvenile under the Act. The provisions of this new enactment is basically generally
highlighted only for the aspect of a much contemplated change in the definition of a child in conflict in law and making
classification based on age and understanding of offence. This would be indeed injustice to the legislators . Therefore, the Act,
2015 has been enacted. The Juvenile Justice (Care and Protection of Children) Act 2015 was enforced on January 15, 2016.The
Act, passed by the Rajya Sabha in the winter session of Parliament, received Hon'ble President's assent on December 31 2015.
Bail to Juvenile
Sec.12 of the JJ Act deals with bail of juveniles. While Sec 12(1) relates to bail , Sec. 12(2) and Sec. 12(3) are concerned
respectively with the custody of a juvenile who is not released on bail by the officer-in-charge of the police station or by the
Board.
Bail means to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and a place which
security is called ‘bail’, because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his
forthcoming.
The grant of bail under the Act is a matter of course if the requisite conditions are fulfilled, namely the accused person is
apparently a juvenile within the meaning of the Act, he is arrested or detained or appears or is brought before a Board , he is
accused of an offence which may be bailable or non-bailable, and there are no grounds for believing that the release is likely to
bring him into association with any known criminal or expose him to moral , physical or psychological danger or that his release
would defeat the ends of justice.
The Law is very much concerned that juveniles do not come in contact with hardened criminals and their chances of reformation
are not blighted by such contact. It therefore, throws its cloak of protection around juveniles and seeks to isolate them from
criminal offenders because the emphasis placed by the law is not on incarceration but on reformation10.
Bail to juvenile can be denied under three conditions only, namely
1. Release is likely to bring him into association with any known criminal or
2. Expose him to any moral danger or
3. The release would defeat the ends of justice
Child Welfare Committee
The JJ Act empowers the State Government to constitute for any district or a group of district one or more Child Welfare
Committee for exercising the powers and discharging the duties in relation to child in need of care and protection under the Act.
Rules governing the procedure of the committee are as follows :
1. The committee shall meet at such times and shall observe such rules of procedure in regard to the transaction of
business at its meetings, as may be prescribed.
2. A child in need of care and protection may be produced before an individual member for being placed in safe custody
or otherwise when the committee is not in session.
3. In the event of any difference of opinion among the members of the committee at the time of any interim decision, the
opinion of the majority shall prevail but where there is no such majority the opinion of the Chairperson shall prevail.

Powers of the committee

1. The committee shall have the final authority to dispose of cases for the care, protection , treatment , development and
rehabilitation of the children as well as to provide for their basic needs and protection of human rights .
2. Where a committee has been constituted for any area, such committee shall, not withstanding anything contained in any
other law for time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively
with all proceedings under the Act relating to children in need of care and protection.

Process of Rehabilitation and Social Reintegration

The Act lays down the process of rehabilitation and social reintegration of a child shall begin during the stay of the child in a
children’s home or special home and the rehabilitation and social reintegration of children shall be carried out by any of the
following methods:
1. Adoption
2. Foster care
3. Sponsorship
4. Sending the child to an after care organization

Adoption
Adoption means the process through which the adopted child is permanently separated from his biological parents and becomes
the legitimate child of his adoptive parents with all the rights, privileges and responsibility that are attached to the relationship.
It has been held that the jurisdiction to grant permission to adopt children vests with the Civil Court. A Civil Court may allow a
child to be given in adoption. Juvenile Justice Board has no jurisdiction to decide matters of adoption11.
Foster Care
In Foster care, the child may be placed in another family for a short or extended period of time, depending upon the circumstances
where the parent’s own parent usually visit regularly and eventually after the rehabilitation , where the children may return to their
own homes.
Sponsorship
The sponsorship program may provide supplementary support to families, to children’s home and to special homes to meet
medical, nutritional, educational and other needs of the children with a view to improving their quality of life. The State
Government may make rules for the purposes of carrying out various schemes , such as individual to individual sponsorship ,
group sponsorship or community sponsorship.
After care organization
Sec.44 relates to after care organization . The State Government may , by rules made under the Act provide
a. For the establishment or recognition of after care organization and the functions that may be performed by them under
the Act .
b. For a scheme of after- care programme to be followed by such after care organization for the purpose of taking care of
juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an
honest, industrious and useful life.

A juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after care organization till he
attains the age of twenty years.

List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

1. Girjesh Shukla, “Criminology: Crime causation , sentencing and Rehabilitation of victims” , Lexis Nexis 2013
2. Supra N1
3. Jennifer M Allen, “Juvenile Justice: A Guide to Theory, Policy and Practice” , Sub Publications (2011)
4. H.S.Gaur, The Penal Laws Of India, Vol. I , 2000.
5. Ve d Kumari, “The Juvenilke Justice System in India” Oxford university 2010
6. Supra N5
7. AIR 1954 Cal 49
8. Manish Dwivedi , “Juvenile Justice System in India” Adhyayan Publishers2011
9. Awadeshwar Singh v. State of Bihar AIR 1962 SC 955
10. Munna v. State of UP AIR 1982 SC 806
11. Krishnanugraha v. Commissioner Registrar of Birth and Death Udupi Municipality AIR (2013) Karn 62.

Unit III - Types of Crime

Course Outline of Unit III: Types of Crime

 This Unit contains discussion on following topics :
White - Collar Crime and Blue - Collar Crime: Implication of White Collar Crimes - White Collar Crimes in India - Santhanam
Committee Report - Wanchoo Committee Report - 47th Law Commission Report - Detection and Investigation - Trial of White -
Collar Crimes - Case Law.
Crime and Women: Dowry Prohibition (Amendment) Act, 1986 - Female Criminality - Crimes of Pasion - New Legislation -
Prostitution - Immoral Traffic Offender (Prevention) Act - Medical Termination of Pregnancy Act - Pre Conception and Pre
Natal Diagnosis Techniques (Regulation) Act - Domestic Violence Act - Criminal Law Amendment Act, 2013.
Terrorism: Definition - Nature of Terrorism - Causative Factors - Funds for Terrorism - Kinds of Terrorism - Terroristic
Spectrum - Punishments and Measures for Coping with TADA - POTA - Criticism - Anti - Terrorist Measures - Communal
Violence - Causes and Cures.
Marginal and Victimless Crimes: Social Deviance and Marginal Crimes - Kinds of Marginal Crimes - Victimless Crimes: Social
Deviance and Marginal Crimes - Kinds of Marginal Crimes - Victimless Crimes - Hidden Victims - Drug and Crime - Depiction
of Offences and Punishments - NDPS Act.
Modern Crimes and International crimes: Computer Crime - Kinds of Computer Crimes - Definition of Computer Crime -
Information Technology Act, 2000 - Human Organ Crimes - International Crime - Environmental Crimes.

Disclaimer: This subject content as provided under AIR Online Education Support Suite is only Study (Reference) Material for
supplementing your Academic Classroom (Text Book) Learning. These are not Text Books on the Law Subjects.

Introduction
White Collar Crime
Certain professions offer lucrative opportunities for criminal acts and unethical practices which hardly attract public attention.
There have been people who used to follow unethical practice while doing business. They carry illegal activities with impunity and
without any fear of loss of their prestige or status. Such types of crimes are known as ‘white-collar’ crimes which was an outcome
of competitive economy of 20th century.
Historical Background
The concept of white collar crime is associated with E.H Sutherland who focused on the study of criminology. It first time came
up in 1941 when Sutherland published his first research paper on white collar crime in the American Sociological Review.
He stated that there are crimes other than fraud, extortion, rape, murder etc. He further stated that there are offences which are
committed by people of upper strata while they carry their business.
However, complaints against such offences are most of the times went unheeded and unpunished. He termed these crimes as
‘white-collar’ crime and ‘blue-collar’ crime. The person who belongs to a respectable class of society and possesses good
reputation sells shoddy goods and products he commits white collar crime.
Definition of white collar crime
“Crime committed by persons of respectability and high
Sutherland
social status in course of their occupation.”
White-collar crime represents the offences of businessmen who
Sir Walter Reckless are in a position to determine the policies and activities if
business.
A white-collar criminal belongs to upper socio-economic class who violates the criminal law while conducting his professional
qualities.

Types of Crime
White Collar Crime and Blue Collar Crime
White Collar Crime
White collar crime was first defined in criminology by Sutherland in 1939 as “a Crime committed by a person of respectability and
high social status in the course of his occupation”.
White collar Crime could include fraud, bribery, insider trading, labor racketeering, embezzlement, cybercrime, copyright
infringement, money laundering, identity theft, and forgery. White collar crimes are basically motivated by finance. It is a non-
violent crime committed by business man and government professionals1.
Blue Collar Crime
Blue collar crime is crime committed by lower social class. These crimes are basically for small scale for immediate gain to the
individual or group involved in them. Blue collar crime not only includes low income earners, but also includes the unemployed
who are also members of the lower classes.
This crime includes personal related crimes that can be determined by immediate reaction, such as during fights or confrontations.
These crimes also include but are not limited to narcotic production or distribution, sexual assault, theft, burglary, assault or
murder.
Classification of White-collar crime
White Collar Crimes may be divided into the following categories-

1. Bank Fraud

To engage in an act or pattern of activity where the purpose is to defraud a bank of funds.

2. Blackmail

A demand for money under threat to do bodily harm, to injure property or to expose secrets.

3. Bribery

When money, goods, services or any information is offered with intent to influence the actions, opinions and decisions of the taker,
constitutes bribery.

4. Cellular Phone Fraud

Unauthorized use or tampering or manipulating cellular phone services.

5. Embezzlement

When a person, who has been entrusted with the money or property, appropriates it for his or her own purpose.

6. Counterfeiting

Copies or imitates an item without having been authorized to do so.

7. Forgery

When a person passes false or worthless instruments such as cheque or counterfeit security with intent to defraud.

8. Tax-Evasion
Frequently used by the middle-class to have extra-unaccounted money.

9. Adulteration

Adulteration of foods and drugs.

10. Professional crime

Crimes committed by medical practitioners, lawyers in course of their Occupation.

White Collar Crime in India and Implication of White Collar Crime

In India with the advancement of commerce, technology, globalization and liberalization white collar crimes are rapidly
increasing. Increase in wealth and prosperity due to change in socio-economic scenario provides the opportunity to increase white
collar crime. Like any other country, India is equally in the grip of white collar criminality.
The recent developments in information technology, particularly during the closing years of the twentieth century, have added new
dimensions to white collar criminality. There has been unprecedented growth of a new variety of computer dominated white collar
crimes which are commonly called as cyber-crimes.
These crimes have become a matter of global concern and a challenge for the law enforcement agencies in the new millennium.
Because of the specific nature of these crimes, they can be committed anonymously and far away from the victims without
physical presence.
Highlighting the magnitude and gravity of white-collar crime in India, the Commission on ‘Prevention of Corruption’ classified
that white-collar crime and socio-economic crimes into eight categories and it further made suggestions to insert a new chapter on
white-collar crime under Indian Penal Code. The matter was referred by the Government to the Law Commission of India for
consideration. However, the proposal was disagreed by the Law Commission.
Laws Related to White Collar Crime in India
Though the Indian Penal Code does provide certain provisions dealing with crimes similar to white collar crimes, but they were
not only found inefficient but also conventional as they were inadequate in prohibiting white collar crimes.
After independence, the Government of India formulated regulatory legislation relating to white-collar crime. Some of these
legislation are Essential Commodities Act 1955, the Industrial (Development and Regulation) Act, 1951, the Import and Exports
(Control) Act, 1947, the Foreign Exchange (Regulation) Act, 1974, Companies Act, 1956, Prevention of Money Laundering Act,
2002.
In J. Jayalalitha v. Union of India [AIR 1999 SC 1912] 2The Supreme Court admitted that corruption is rampant amongst the
public servants. Court further stated that corruption corrodes the moral fabric of the society and is harmful to the national
economy. Corruption by persons occupying high posts in government, by misusing their powers can cause considerable damage to
the national economy, national interest and image of the .

Santhanam Committee Report

Santhanam Committee was appointed in the year 1962 to investigate and combat investigation related to corruption. This
committee was the first committee which provides great importance to the emergence of offences and mal-practices known as
“white-collar”. The Santhanam Committee can be termed as the “The mother of anti-corruption agencies in India” because the
Central Vigilance Commission, the Central Bureau of Investigation (earlier DSPE) and the Enforcement Directorate (ED) were
born out of it.
The Santhanam Committee Report in its finding gave a vivid picture of white-collar crime and criminals where it was mentioned
that the crimes are committed by persons of respectability such as big businessmen, contractors, industrialists and also by corrupt
public officials.
The Santhanam Committee provides various important suggestions, which are:
1. To establish the Vigilance Commission.
2. To make anti-corruption more effective it is required to review the public services and practical steps to be taken.
3. The committee provides the steps to be taken to fix the responsibilities of each department for checking corruption.
4. The committee also suggested for making changes in law and making the law more effective so that speedy trial for
bribery, corruption, and criminal misconduct has been possible.
5. In order to liberalize the existing rules the Committee also suggested forming the Central Vigilance Commissionand
accordingly in 1964 the Central Vigilance Commissioncommittee was constituted.

Act Amended on the Recommendation of Santhanam Committee are:

On the recommendation of Santhanam Committee the Indian Penal Code Act was amended in the year 1964 and
incorporated Sec. 5(1)(e) in the old Penal Code.

The Prevention of Corruption Act, 1947 was amended in 1964 based on the recommendation of the Committee.

Wanchoo Committee Report

Wanchoo Committee was formed on 2nd March 1970 by a declaration of Government of India with following aims:
Committee was supposed to urge the ways to look into turning away of revenue enhancement through assorted legal blank, to
unearth black money and prevent its enlargement through farther equivocation and to cut down revenue enhancement arrears.

47th Law Commission Report

The 47thLaw Commission Report is based on the trial and punishment of the Social and Economic Offences. The question
whether social and economic causes had been included in the Indian Penal Code has been considered in this report.
In this report many offences but not all offences are considered as a “White Collar Crime”. For the purpose of the 47thLaw
Commission Report, white collar crime is a crime committed in the course of the business by a member of upper class of the
society.
For example if the manufacturer of the drug deliberately supplies the sub-standard drug then he is a white collar criminal. But if a
person illegally smuggles the costliest television for his personal use is not a white collar crime as there is no such relation between
his occupation and crime committed by him. Social offences affect the health or material welfare of the committee and economic
offences affects the country’s economy and not merely the wealth of the victim.
Therefore, it has been said that socio- economic offences and white collar crime are intersecting circles.
White collar crimes in certain professions
Some of the professions involving technical expertise and skill provide sufficient opportunities for white collar criminality.

Medical Profession

Engineering

Legal Profession

Educational Institutions

Medical Profession
White collar crimes which are committed by persons belonging to medical profession which includes- issuance of false medical
certificates/ illegal abortions/ secret service to dacoits/ selling sample-drugs and medicines to patients or chemists etc.
The persons employed in Government departments or other undertakings generally face issues of getting leave due to shortage of
staff. They procure medical certificate regarding their false sickness and in return, they have to pay certain amount to the
concerned medical staff. This practice is another form of white-collar crime which promotes wrong practice and misuse of medical
science.
Fake and misleading advertising is yet another area in which the white collar criminals operate. They make illegal and misleading
claims of medical cure through advertisements in newspapers, magazines, radio etc. which causes misery to common man. Many
medicines which are also patented are harmful to health.
Engineering
Underhand dealings with contractors and suppliers, passing of sub-standard works and materials and maintenance of bogus records
of work-charged labour are some of the common basic examples of white collar crime. Such kind of scandals is reported in
newspapers and magazines daily.
They financially earn more for their low grade works from the contractors, than they can earn for the genuine work. Therefore,
many of them, out of the greed of earning more and more, play dangerously with thousands of lives of the individuals.
Legal Profession
In present scenario legal profession is deteriorating rapidly. The standard of legal education and unethical practices followed to
procure clientage are the main reasons for the degradation of legal profession. There are various other reasons such as fabricating
false evidence, engaging professional witnesses, violating ethical standards of legal profession etc.There are criminal lawyers who
arrange professional alibies, cooked witnesses in close liaison with the police for defending the gangsters.
Educational Institutions
The governing bodies of these institutions manage to secure large sums by way of Government grants or financial aid by
submitting fictitious and fake details about their institutions.
The teachers and other staff working in these institutions receive a meagre salary far less than what they actually sign for, thus
allowing a big margin for the management to grab huge amount in this illegal manner. The victimized teachers can hardly afford to
complain about this exploitation to high ups because of the fear of being thrown out of job.

Crime and Women

Statutory Provision
Dowry Death (Sec. 304B of Indian Penal Code)
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within
seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or
any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such
husband or relative shall deemed to have caused her death.
Explanation
For the purpose of this sub-section, “dowry” shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961.
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which
may extend to imprisonment for life.
Introduction
The offence of dowry death has been inserted in the Indian Penal Code as Sec. 304-B by the Dowry Prohibition (Amendment) Act,
1986. Sec. 304-B has been inserted with a view to curb the growing atrocities against women, where thousands of young women
were done to death due to failure to pay up the dowry demanded. The Amendment Act of 1986 has also made several
consequential amendments in the Criminal Procedure Code and the Evidence Act, in order to make the prosecution of offenders in
cases of dowry death more effective.
Definition of Dowry
“Dowry” means any property or valuable security given or
agreed to be given either directly or indirectly-
1. By one party to a marriage to the other party to
Dowry Prohibition Act, 1961 Sec. 2 the marriage, or
2. By the parent of either party to a marriage or by
any other person, , to either party to the marriage or
to any other person

Dowry is the money, goods, or estate that a woman brings to her

According to Merriam Webster Dictionary
husband in marriage
Essential ingredients: Dowry death
To constitute an offence under Sec. 304–B the following essentials must be satisfied-
i. The death of a woman must have been caused by burn or bodily injury or otherwise than under normal circumstances.
ii. Such death must have occurred within seven years of her marriage;
iii. Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relatives of
her husband;

Important points to remember

 a. Such cruelty or harassment must before or in connection with demand of dowry.
b. For drawing a presumption under Sec. 113-B of the Evidence Act firstly there should be death of a woman otherwise
than in normal circumstances.
c. Death must have occurred within seven years of marriage.
d. The prosecution must prove that soon before her death she was subjected to cruelty or harassment in connection with
any demand for dowry by person accused of having committed the offence.
e. It is not open to the Courts to draw a presumption against the accused invoking Sec. 113-B of the Evidence Act.
f. Merely because an allegation of death within seven years of the marriage was made presumption is not available against
accused without even the prosecution having proved the required preliminary facts.
g. The husband and husband’s relatives shall be presumed to have caused a ‘dowry death’ and shall be liable for the
offence unless it is proved otherwise.
h. The burden of proof shifts from the prosecution to the accused, unlike other offences where the accused is presumed to
be innocent, unless it is proved otherwise.

Important Case Laws related to Dowry Death

I. Reema Aggarwal v. Anupam [2004 Cr.LJ 892 (SC)]

It was observed that if the validity of marriage itself is under legal scrutiny, the demand of dowry in respect of an invalid marriage
would be legally not recognizable. Even then the purpose for which Sec. 498-A and 304-B of IPC and Sec. 113-B of the Evidence
Act were introduced cannot be lost right of. The obvious objective of enacting above Sections was to prevent harassment to a
woman who enters into a marital relationship with a person and later on becomes a victim of the greed for money.
The argument that since there was no valid marriage the question of dowry does not arise is not acceptable. The Court further
observed that the legislative intent is quite clear from the fact that it is not only the husband but also his relations who are covered
by Sec. 498-A of IPC.

II. Kodam Gangaram v. State of A.P. [1999 Cr.LJ 2181 (A.P.)]

It was observed that clear statement of deceased that she was forced to commit suicide due to harassment of dowry demand by
husband, and her statements are fully corroborated by other evidences, it can well be presumed that it was only harassment which
resulted in death, conviction under Sec. 304-B and 498-A IPC is proper and fully justified.

III. Arbind Kumar Ambasta v. State [2002 AIR - JHAR. H. C. R. 920]

It was observed that the period of marriage being vital, in this particular case, for punishment under Sec. 304-B, IPC and there
being dispute, in the present case, relating to period of marriage, specific period having not established, the accused were entitled
to benefit of doubt.

IV. Rajayyan v. State of Kerala [AIR 1998 SC 1211]

It was observed that death “otherwise than in normal circumstances” would mean that the death was not in the usual course but
apparently under suspicious circumstances if it was not caused by burn or bodily injury. Death of a woman by suicide occurring
within 7 years of marriage cannot be described as occurring in normal circumstances.

V. In Dev Prasad v. State of U.P. [2002 Cr. LJ 4291]

It was observed that while an ordinary murder can be punished by a death sentence under Sec. 302 IPC, a dowry death, which is a
much worse offence, has a maximum punishment of life imprisonment. An ordinary murder is committed in a fit of rage or for
property, but a dowry death is not just an ordinary crime, it is a social crime.
It outrages the modern conscience and makes the whole of society revert to feudal barbarism. Hence, Court recommended to
Parliament to amend the law and provide for death sentence in dowry death cases.
Dowry Death and Cruelty
The term ‘cruelty’ means-
“Any willful conduct which is of such a nature as it likely to drive the woman to commit suicide or to cause grave injury or danger
to life etc. or harassment to coerce her or any other person related to her to meet any unlawful demand for any property or valuable
security or is an account of failure be her or any person related to her to meet such demand.”
Sec. 304B and 498A of the Indian Penal Code are not mutually exclusive. These provisions deal with two distinct offences. It is
true that “cruelty” is a common essential to both the sections and that has to be proved.
The Explanation to Sec. 498 A gives the meaning of “cruelty”. In Sec. 304 B there is no such explanation about the meaning of
“cruelty” but having regarded to the common background to these offences the meaning of “cruelty” or “harassment” will be the
same as given in explanation to Sec. 498A under which “cruelty” by itself amounts to an offence and is punishable.
Under Sec. 304 B it is the “dowry death” that is punishable and such death should have occurred within seven years of the
marriage. No such period is mentioned in Sec. 498 A and the husband or his relatives would be liable for subjecting the woman to
“cruelty” any time after the marriage charge being there, if such a case is made out.
But from the point of view of practice and procedure and to avoid technical defects it is necessary in such cases to frame charges
under the both Sections and if the case is established they can be convicted under both the sections but no separate sentence be
awarded under Sec. 498A in view of the substantive sentence being awarded for the major offence under Sec. 304 B.

Female Criminality
Prostitution
In India Trafficking is not a modern day development but it existed even during ancient and medieval periods. Prostitution has
been an old age practice in India. During the medieval period sale and purchase of women was very common. The trafficking in
women was present in one form or another all over the world.
It was observed by Donald Taft, “our attitude towards prostitution varies from approval through acceptance and tolerance to
violent opposition.” Whenever the institution of marriage is weakened, prostitution declined due to sex gratification could be
obtained without payment. Prostitution in a way is an index to morality.
Women are forced to work in the desire for maximum profit margins, and a very little has been spend on adequate food, shelter
and safe condition. From the perspective of security is a very big issue in trafficking and it causes terrible sufferings to women and
children, even the loss of lives in many such cases.
The trafficked women and children face almost the same violence, same health consequence and sexual abuse as women and
children who are battered and raped. Trafficked women who return to their home faces new difficulties as they get rejections from
their families and community, such type of women’s are very less self-financial supporting and does not get formal employment
opportunities, these women does not had any option other than to return to prostitution within their own community, or again
migrate as this is their only means of financial support.
India’s efforts to fight against Trafficking
Trafficking in women for immoral or other purposes is very common in India. In the case of Vishal Jeet v. Union of India [AIR
1990 SC 1412], the Supreme Court observed that trafficking in human being has been established in India from a very long time in
the form of selling and purchasing of human being for the purpose of prostitution.
On the basis ofArticle 23(1) of the Constitution of India, the Immoral Traffic (Prevention) Act, 1956, has been passed.This Act has
made in pursuance of the international Convention for the prevention of immoral trafficking which is signed by India at New York
09.05. 1950.
As per Article 39(e) of the Constitution of India the State should make policy towards securing the tender age of children not
abused. Article 39(f) provided that State direct policy towards securing childhood and youth are protected against exploitations and
moral and material abandoned.
The Government of India has developed a national policy for the welfare of the children. The principle originated by the
Declaration of the Rights of the child adopted by the general Assembly of United Nations on November 20, 1959.
According to this principle “The child shall be protected against all forms of neglect, cruelty, and exploitation. He shall not be the
subject of traffic, in any form. Because of this certain drastic amendment has been introduced to the Immoral Traffic (Prevention)
Act, 1956 (earlier Suppression of immoral Traffic in Women and Girls Act, 1956) by the Amendment Acts of 1978 and 1986. The
aim of this act is suppression of prostitution in women and girls and provides them an opportunity to become decent members of
the society.
There are various other provisions provided in the Indian Penal Code, 1860 relating to Procuration of minor girl (Sec. 366A),
Offence of importation of girl for foreign countries (Sec. 366B), offence of buying and selling of minor for the purpose of
prostitution (Sec. 372 and 373).
International Dimensions of Human Trafficking
The trafficking of women, young girls and children at international level continues to be a global problem which is generating
business every year. It is third largest illegal transnational business after drugs and arms which is spreading world-wide at a fast
pace.
International Conventions to mitigate this rampant violation of human rights. Some of the Conventions are-

CEDAW- Convention on the Elimination of All Forms of Discrimination Against Women

CRC- Convention on the Rights of the Child etc.

Procuration of a minor girl

According to Sec. 366A of the Indian Penal Code, 1860 if some induces a minor girl under the age of 18 years to go from any
place or to do any act which is likely to be intended to force or seduce to illicit intercourse with another person shall be punishable
with imprisonment which may extent to ten years and shall also be liable to fine.
Importation of girl from foreign country
Under Sec. 366B of Indian Penal Code, If a girl whose age is below 21 years and has been imported from outside of India with the
intention to either seduce or compel her to have illicit intercourse with another person it amount to an offence.
Selling or buying of Minor for the purpose of prostitution
Sec. 372 and Sec. 373 of Indian Penal Code deals with any person who is involved in buying or selling of minor or lets to hire or
otherwise disposes of any person under the age of eighteen years with the purpose of prostitution, or illicit intercourse with any
person or any unlawful and immoral purpose such person shall be punishable with imprisonment which may extend to ten years
and shall also be liable to fine.

The Immoral Traffic Offender (Prevention) Act, 1956, (ITPA)

Introduction
Originally before the enforcement of the Amendment Act, 1986, this enactment was called “the Suppression of Immoral Traffic in
Women and Girls (SITA)”. Later the name of the Act was changed to Immoral Traffic Prevention Act; term ‘person’ used under
SITA was replaced by the terms ‘women and girls’. After the said amendment to the Act, the offence of prostitution now
comprises of both women and girls.
The Act provides for the appointment of a special police officer for investigating the offences with inter-State ramifications. Raids
and searches should be conducted in the presence of two police women. This Act is a special legislation that deals exclusively with
trafficking.
The main aim of the Act is to inhabit, control and abolish commercialized vice of trafficking in women and girls for prostitution as
an organized means of living. The purpose under this Act is to reduce and abolish the commercialization of the trafficking in
women and girls for prostitutions as means of livings.
This Act provides offences like keeping a brothel, or allowing the premises to be used as a brothel, living on the earning of
prostitution, procuring, inducing, or taking persons for prostitution, detaining a person in the premises where prostitution is carried
on, prostitution and around the vicinity of the public places, seducing or soliciting for the purpose of the prostitution and seduction
of a person in custody.
In the case of Delhi Administration v. Ram Singh [AIR 1962 SC 63]- The State Government may associate with Special Police
Officer a non-official body which consists of not more than five leading social welfare workers of the area including women
worker to advise them on questions of general importance regarding working of the Act.
Meaning of Brothel
According to Sec. 2(a) of the Immoral Traffic (Prevention) Act, 1956, brothel means any house, place or any portion of the house
which is used for the purpose of sexual exploitation or abuse, for the gain of another person, or for mutual gain for two or more
prostitutes. Essential ingredient is that a girl/ lady should be a person offering her body for promiscuous sexual intercourse for
hire.
Keeping assigning or managing a brothel
Sec. 3 of the Act deals with the punishment regarding keeping assigning or managing a brothel. Therefore a landlord, lessor,
tenant, occupier or lessee is punishable if he knowingly uses the premises or places for prostitution and allows it for such use.
Sec. 23-A of the Act confers power on the Central and State Governments to establish Special Courts for trial of offenders under
the Immoral Traffic (Prevention) Act. The offence can be tried summarily under the Code of Criminal Procedure but sentence in
such a case cannot exceed one year’s of imprisonment as given under Sec. 22B of the Act.

Constitutional validity of the Act

Article 23 of the Constitution of India prohibits immoral traffic in human being and makes it punishable under the law.
The Constitutional validity of the Immoral Traffic (Prevention) Act, was challenged in the case of Shama Bai v. State of Uttar
Pradesh [AIR 1959 All 57]- However, the Court in this held that Sec. 4(2) and 20 of the Act were constitutional and not violative
of the fundamental rights. None of the provision of the Act are intended to stop trade of prostitution altogether. Only restrictions
can be imposed and punishment can be imposed under Sec. 3 of the Act if a brothel has been maintained.
Person liable to be punished
If the person is above the age of 15 years and he lives with the company of prostitute, habitual in the company of prostitute,
exercises control over the movement of the prostitute and he acts as a tout or pimp on behalf of the prostitute then in case he liable
to be punished under Sec. 4 of the Act Immoral Traffic (Prevention) Act, 1956.
Any person who induces a person to take prostitute and moves from one place to another intend to carry his or her on prostitution
is also liable to be punished under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and Sec. 366, 372, 373 of The Indian
Penal Code
The arrest of the women involve in the prostitution is liable to be punished which may extend from seven years to life
imprisonment under Section 8 of the Immoral Traffic (Prevention) Act, 1956.
As per Sec. 9 the Immoral Traffic (Prevention) Act, 1956 and Sec. 376 (B) (C) and (D) of the Indian Penal Code, Any person who
commits the offence of custodial seduction, then that person is liable for imprisonment of seven years and also fine.
Sec. 10 of the Immoral Traffic (Prevention) Act, 1956, provides rehabilitation and correction of female and child offender who
found guilty of offence.
According to 14 of the Immoral Traffic (Prevention) Act, 1956, any offence punishable under this Act shall be deemed to be a
cognizable offence.
Sec. 14 of the Act explains that-
 1. Only the special officer shall arrest without warrant,
2. If the special officer requires the subordinate officer to arrest without warrant he shall give an order in writing and
specify the person and offence for which arrest is being made and such subordinate officer before arresting the person
shall inform the person of the substance of order and show him the order.
3. Only specially authorized police officer may arrest the arrest the concerned person without order if he has reason to
believe that on account of delay any valuable evidence is likely to be destroyed or concealed or the person who committed
the offence is likely to escape or if the name and address of the person is unknown or suspected that false name and
address has been given.

Pre Conception and Pre Natal Diagnosis Techniques (Regulation and

Prevention of Misuse) Act, 1994
Introduction
Scientific development and technological advancements are expected to be used by man for general human good, but
unfortunately in present times some specific technologies are leading to greater abuse on humanity. One such case is the sex
determination through scientific methods resulting in female feticide. This is commonly known as sex-selection.
Sex-selective abortions have become an alarming social evil in several parts of India. Discrimination and subjugation on the basis
of gender is a real social problem. The enactment and enforcement of comprehensive legislation prohibiting sex-selections an
essential responsibility of the state as it has an obligation to uphold the right of all citizens to equality and to ensure their freedom
from discrimination.
The Act is legislated in a manner that it should be a deterrent for those indulging in sex determination. The unfortunate decline in
the male-female sex ratio has brought in stringent measures, there is suspension of registration, filing of criminal cases and sealing
of machines.
Few basic requirements of the Act are:
1. Registration under Sec. 18 of the PC-PNDT Act.
2. Written consent of the pregnant woman and prohibition of communicating the sex of fetus under Sec. 5 of the Act.
3. Maintenance of records as provided under Sec. 29 of the Act.
4. Creating awareness among the public at large by placing the board of prohibition on sex determination.
The Pre-Natal Diagnostic Techniques Act, 1994, was enacted to prohibit sex-selection techniques and its advertisements
throughout the country. A writ petition was filed, CEHAT and others v. Union of India [AIR 2003 SC 3309], Writ Petition No.
301/ 2000, under the said petition the correctness of the name of the Act was challenged. The Act was renamed as Preconception
and Prenatal Diagnostic Techniques Act.
The amended Act required the Union and State Government to submit their quarterly reports to the Central Supervisory Board and
to deal with the working of the Act. The Act provides for medical professionals practicing feticide and sex determination.
The PNDT Act, 1994 (as amended by 2003 Amendment) provide for the prohibition of sex selection, before or after conception,
and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or
chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for
sex determination leading to female feticide.
Amendment to Pre-natal Diagnostic Techniques Act 1994
The Preconception and Prenatal Diagnostics Techniques (Prohibition of Sex Determination) Act 2003, with Rules made thereunder
is an Act to safeguard the girl child. The Courts have at all material times and in all possible manners delivered judgments
indicating therefore that the PC-PNDT Act is actually a whip to penalize those indulging in sex determination and to serve as a
deterrent to others.
The amendment to the Act came into effect from 14th March, 2003; it covers the following major points-

It brings the technique of pre-conception sex selection within the ambit of the Act;

It brings the use of ultrasound machines within the scope of this Act to curb the misuse for detection and disclosure of
sex of the unborn child;

It empowers the central supervisory board for monitoring the implementation of the Act;

Introduction of State Level Supervisory Board for monitoring the implementation of the Act;

Constitutes a multi-member State Appropriate Authority for better implementation and monitoring of the Act;

Stringent punishments are provided under the Act whoever will violate the provisions of the Act;

Empower the Appropriate Authorities with the powers of the Civil Court for search, seizure etc.

Making mandatory maintenance of proper records regarding ultrasounds machine use etc.
Major aspects of the Act
The Act has three aspects viz. prohibitory, regulatory and preventive.

It prohibits sex selection completely either before or after conception.

It regulates the use of pre-natal diagnostic techniques for legal or medical purposes and prevents misuse for illegal
purposes.

In order to look into various policy and implementation matters the Act provides for the setting up for various bodies
along with their composition, powers and functions

Under the Act, Registration is mandatory for every genetic clinic.

Regulation of Pre-natal Diagnostic Techniques

According to Sec. 3 of the PNDT Act, no Genetic Counseling Centre, Genetic Clinic or Genetic Laboratory unless registered
under the Act, can conduct or associate with, or help in, conducting activities relating to pre-natal diagnostic techniques.
They must also enforce codes to be observed by clinics, investigate violations of this Act, take legal action against violators, advise
the supervisory boards on changes in technology, etc. They have the power to issue warrants, summon people with information,
and ask for any document to be produced regarding the information. To aid the Appropriate Authority the Government will also
form an Advisory Committee.
Prohibition of Sex Determination and Selection under the Act
Strict records have to be maintained of the pregnancy related techniques performed and failure to maintain such records or any
deficiency or inaccuracy in the maintenance of records of ultra-sound shall amount to contravention of the provisions of Sec. 5 or
Sec. 6 of the Act and strict penalties shall be imposed.
No Genetic Counseling Centre or Genetic Laboratory or genetic Clinic or any person can conduct or cause to be conducted pre-
natal diagnostic techniques including ultra-sound for the purpose of determining the sex of a fetus.
Sec.(s) 5 and 6 prohibit the determination or communication of the sex of the fetus. While sex-selection techniques are strictly
prohibited as they are considered to have no medical indication-natal diagnostic techniques can be used only for the purposes
specified under this Act.
According to Sec. 5(2) any qualified person conducting pre-natal diagnostic procedure shall not communicate by words, signs, or
in any manner the sex of the fetus to the pregnant women or her concerned relative.
Offences and Penalties
Under this Act it is an offence to advertise techniques used for the purpose of sex-determination. People who contravene the
provisions of this Act are liable to serve prison time and a fine-

But women who have been forced to by their husband or family to undergo pre-natal diagnostic techniques will not be
prosecuted under this Act.

If the woman was compelled by her husband or relative to undertake such diagnosis techniques. Such person shall be
liable for abetment of offence under Sec. 23(3) of the Act.

Companied and people in the position of responsibility in companies can also be charged for violation of this Act.

Statutory Provisions
If any service provider (unit owners, medical professionals, employees of units who renders professional/ technical services)
breaches the provisions of the Act/Rules shall be liable to the imprisonment for a term which may extend to 3 years and a fine
which may extend to Rs. 10,000. And For subsequent offences, imprisonment may extend to 5 years and fine up to Rs. 50,000.
The Appropriate Authority shall report the name of the registered medical practitioner to the State medical Council for taking the
necessary action which includes
1. Suspension of registration if charges are framed by the court and till the case disposed of, and,
2. On conviction, for removal of his name from the register of the Council for a period of 5 years for the first offence and
permanently for the subsequent offence.

Any persons seeking in sex determination tests or sex selection may be punishable with imprisonment for a period which may
extend up to 3 years and with a fine which may extend up to Rs. 50.000. And in case of subsequent offence, the imprisonment may
extend to 5 years and fine up to Rs. 1 lakh.
Any person connected with or any unit issuing advertisements for sex determination and sex selection services shall be liable for
imprisonment of the term which may extend to 3 years and a fine which may extend up to Rs. 10,000.

Medical Termination of Pregnancy Act, 1971

Introduction
The Medical Termination of Pregnancy Act, 1971, is landmark legislation after post-independence of India. As abortion has now
been liberalized after the enactment of the Act, the girls and women who are unfortunately become the victim of sexual offence
can abort the unwanted fetus. This Act has saved the stigma of ‘unwanted mother-hood’.
Before 1971, abortion was criminalized under Sec. 312 of the Indian Penal Code; 1860 and describes it as intentionally causing
miscarriage. It was punishable offense and criminalized women and providers, with whoever voluntarily caused a woman with
child to miscarry shall be liable for the imprisonment of three years and/or a fine, and the woman availing of the service shall be
imprisoned by seven years and/or a fine.
Objective of the Act
In order to extend protection to women against illegal abortion, the Medical Termination of Pregnancy Act has been enacted with
the following objectives-
a. Abortion will be legal as a measure of health where there is a danger to life or risk to physical or mental health of a
woman;
b. On humanitarian grounds, such as pregnancy is caused as a result of sexual offence or sexual activity with a lunatic
woman;
c. Eugenic grounds, when there is a substantial risk that the child, if born, would suffer from deformities and disease.

When pregnancies may be terminated

According to Sec.3 of the Medical Termination of Pregnancy Act 1971, a registered medical practitioner shall not be guilty of any
offence if the pregnancy is terminated by him in accordance with provision of the Act. Termination of pregnancy is permitted for a
broad range of conditions up to 20 weeks of gestation.
Following are the reason for which termination is permitted
1. When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or
mental health;

1. When there is substantial risk that the child, if born, would be seriously handicapped due to physical or mental
abnormalities;
2. When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to
constitute grave injury to mental health of the woman).

Only Registered Medical Practitioners can terminate the Pregnancy

According to the Medical termination of Pregnancy Act, 1971 pregnancy can be terminated only by a registered medical
practitioner (RMP) who meets the following requirements:
a. The person must have a recognized medical qualification as per the Indian Medical Council Act;
b. The person’s name must be entered in the State Medical Register as a practitioner;
c. The person must have an experience or training as gynecologist and obstetrical according to the Medical Termination of
Pregnancy Rules

Place where pregnancy may be terminated

According to Sec. 4 of the Medical Termination of Pregnancy Act 1971, the pregnancy must be terminated in a Government
hospital or a place which is approved by the Government for the purpose.
According to Section 4 of the Medical Termination of Pregnancy Act provides the places where termination can be permitted other
than these place no termination are permitted by this act:
1. All government hospitals are by default permitted to provide CAC services.
2. Facilities in the private sector however require approval of the government. The approval is sought from a committee
constituted at the district level called the District Level Committee (DLC) with three to five
members.

Consent of the person required for termination of pregnancy are

It is important to note that no pregnancy shall be terminated without the consent of woman. As per the provisions of the Medical
Termination of Pregnancy Act, 1971-
1. Only the consent of woman whose pregnancy is being terminated is required.
2. In the case the pregnant female is a minor i.e. below the age of 18 years, or a mentally ill woman then in that case
consent of guardian is required for termination.

Opinion of Registered medical practitioner is needed for termination of pregnancy

According to the Medical Termination of Pregnancy Act 1971, for termination of pregnancy up to 12 weeks, the opinion of a
single Registered Medical Practitioner is required and for terminations between 12 and 20 weeks the opinion of two Registered
Medical Practitioners is required. However, termination is conducted by only one Registered Medical Practitioner.
Protection of Action Taken in Good Faith H1
Sec. 8 of the Act extends protection to medical practitioners for acts done by them under the Act. Any willful failure of the
compliance of any provision of the Act or rules made thereunder shall be punishable with fine which may extend to Rs. 1,000.
As per Section 8 of the Medical Termination of Pregnancy Act 1971, when any damage caused or likely to be caused by the
registered medical practioners in good faith then in such case no suit or legal proceedings shall be taken under this act.

The Protection of Women from Domestic Violence Act, 2005

Introduction
Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or
cohabitation. Domestic violence is also known as domestic abuse or family violence.
Domestic Violence is not limited to particular age, race, social class, culture or country it is a universal. Article 1 of the Universal
Declaration on Human Rights, 1948 provides that all human are born free and in equal dignity and rights. The resolution of the
General Assembly, 1980 was 1st international document in which domestic violence is expressly mentioned. Women in India have
never been treated well in workplace and at home.
The United Nations Committee on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1989 had
recommended that the State parties should act to protect women against violence of any kind especially the one which is occurring
with them within their family. Based on the said recommendation India has enacted a law called as Protection of Women From
Domestic Violence, 2005. The Act came into force on 26th October, 2006 for protecting woman against the domestic violence.
Legislations Relating to Domestic Violence in India
Domestic Violence involves abuse of power. It is required to achieve universal respect for the right of women. Therefore in India
government adopted various special legislations like Dowry prohibition Act, 1961, Pre- Natal diagnostic techniques (Regulation,
Prevention and Misuse) Act, 1994, Immoral trafficking Act 1956, and incorporated various Sectionsunder Indian Penal Code like
498 A and 304 B, Protection of Women from Domestic Act, 2005.
Types of Domestic Violence
Domestic violence arises when a family member, partner, or ex-partner attempts to physically or psychologically dominate or harm
the other. It can in the form of physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation, or threats of
violence. Apart from this confinement of wife within four wall of the home is also a form of domestic violence.
Dowry death is the extreme form of domestic violence. Sec.498- A of Indian Penal Code makes a husband and relatives liable to
imprisonment up to 3 years if they subjected to women cruelty.
Purpose of the Protection of Women from Domestic Act, 2005
The Act was passed primarily to provide protection to wife or female live-in partner from violence at the hands of the husband or
male live-in partner or his relatives, the law also extends to protect women who are sisters/ widows or mothers.
Important features of the Act
a. Any conduct of husband or his relative that would lead a woman to habitual assault or makes her life miserable would
lead to domestic violence;
b. The Judicial Magistrate First Class or the Metropolitan Magistrate may take cognizance of domestic violence;
c. The Magistrate may inquire and order for interim relief for the woman, he may order for compensation;
d. Protection Officers are appointed to help the victim of violence in making application to the Magistrate and in availing
her rights;
e. Such protection shall be appointed by the State Government who shall possess the qualification as prescribed by the
Central Government. The Protection Officer shall be deemed to be a public servant within the meaning of Sec. 21 of the
Indian Penal Code.

Domestic Violence
According to Sec.3 of the protection of Women from Domestic Act, 2005 domestic violence is any act, omission or commission or
conduct of the respondent shall constitute domestic violence if
i. It harms or injures or endanger the health (mental and physical), safety, life limb or wellbeing, of the aggrieved person
or tends to do so which includes physical abuse, sexual abuse, verbal, emotional and economical abuse.
ii. It involves coercion and harasses or harms, injures or endangers the aggrieved person to meet the need of any unlawful
demand for dowry or any property or valuable security.
iii. It has the effect of threatening the aggrieved person or any person related to her any conduct or otherwise injures or
causes harm to the aggrieved person

The protection of Women from Domestic Act, 2005 also ensures that an aggrieved wife who is taking recourse to the law cannot
be harassed for doing so.
The law also provides the following measure for the aggrieved woman-
a. Any woman who is subject to domestic violence can complain;
b. Affected woman can complain to the concerned Protection Officer, Police Officer, Service Provider or Magistrate;
 c. The aggrieved woman must get free legal aid and assistance from the Protection Officer;
d. Shelter-home and medical facilities can be provided to her;
e. Interim compensation must be made available to her;
f. Proceedings of the complaint if required and requested can be held in camera;
g. She has a right to reside in a shared house-hold;
h. From the order of the Magistrate and appeal to the Sessions Court can be made within 30 days

Women covered under the domestic violence Act, 2005

Protection of Women from Domestic Act, 2005, covers wide range of domestic violence and covers all ages, all types of women.
According to the Sec.2(f) of the Act, covers women who may be mother, sister, daughter-in law, sister in law, wife, widow, or
partners live with abuser with live-in relationship, including bigamous and adulterous relations and living in a shared house-hold. It
also includes relationship may be in the nature of marriage or adoption, family member living together as a joint family.
Any person may file a complaint on behalf of the aggrieved woman. A child is also entitled to relief under the protection of
Women from Domestic Act, 2005, the mother of such child can make an application on behalf of her minor child, and in the case
where mother makes an application to the Court then the children can also be added as co-applicant.
Respondentunder the Domestic Violence Act, 2005
An aggrieved woman may file a complaint against any adult male member who is or has been in domestic relationship with her. In
the case of relationship in the nature of marriage she can file complaint against a relative of the husband or the male partner who
may be father in law, brother in law.
In the case of Ashish Dixit vs. State of UP & Anr [AIR 2013 SC 1077], The Supreme Court has held that a wife cannot implicate
one and all in a Domestic violence case. In this case, the complainant apart from arraying the husband and in-​laws in
the complaint had also included all and sundry as parties to the case, of which the complainant didn’t even know names.
Reliefs under the Protection of Women from Domestic Act, 2005
This Act is comprehensive Law to protect right of aggrieved women and provide appropriate civil remedy to her.
Following are the reliefs which can be given to the aggrieved woman by the Court-

1. Monetary Relief

Sec. 20 of the Protection of Women from Domestic Act, 2005, monetary relief may be granted to the aggrieved person at any stage
of the hearing. The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of
maintenance as the case may require.

2. Counseling

The Magistrate may, at any stage of the proceedings direct the respondent or aggrieved person either singly or jointly to undergo
counseling with any member of service provider.

3. Protection order

The Magistrate after giving the aggrieved person and respondent an opportunity of being heard, if satisfied that domestic violence
has taken place or likely to take place may order in favour of aggrieved person which prohibits the respondent.

4. Custody Order

The Magistrate may grant temporary custody of child/children to the aggrieved person, if necessary, the arrangements for visit of
such child by the respondent. But if Magistrate is of the opinion that any visit of the respondent may harm the interest of the child
then Magistrate shall refuse to allow such visit.

5. Compensation Order

On application by the aggrieved person the Magistrate may pass an order directing the respondent to pay compensation and
damages for injuries including mental torture and emotional distress caused by the respondent while committing the acts of
domestic violence.
Critical analysis of the Act
According to many Scholars the law against domestic violence is highly prone to get misused, for example Sec. 498-A of Indian
Penal Code, as it is always assumed that woman is right and would never speak lie which at time is a wrong presumption.
In the case of Sushil Kumar Sharma v. Union of India & Others [AIR 1997 SC 3011]- The Supreme Court of India stated that Sec.
498A of IPC is being misused as ‘legal terrorism’ and asked the Government to plug the loopholes of the provision.
The critics believe that this provision supports broken marriages and genuine cases still go unreported and out of the knowledge.
Husbands seek divorce on the ground of harassment which is not in the interest of the society.
The Act is merely an Anti-Domestic Violence move which is succeeded in its objective up to some extent. It can also be said that
the Act would help in mitigating the gender inequality to a great extent and strengthen the cause of woman empowerment in India.

Criminal Law Amendment Act, 2013

Introduction
The Criminal Law (Amendment) Act, 2013 was passed in the 2013, which provides for amendment of Indian Penal Code, Indian
Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
Changes in law
According to the Criminal Law (Amendment) Act, 2013-

Sec. 370 of Indian Penal Code (IPC) has been substituted with new Sec.(s) 370 and 370A which deal with trafficking
of person for exploitation, provides that if a person recruits, transports, harbours, transfers, or receives, a person, by
using threats, force, coercion, abduction, fraud, or deception, or by abuse of power, or inducement for exploitation
including prostitution, slavery, forced organ removal, etc. will be punished with imprisonment which may extent to at
least 7 years to imprisonment for the remainder of that person’s natural life depending on the number or category of
persons trafficked.

The definition of the rape under the Indian Penal Code has been changed. Sec. 375 deals with the 'rape’, and the word
rape and was extended to include acts in addition to vaginal penetration. The definition is broadly worded with acts like
penetration of penis into the vagina, urethra, anus or mouth; or any object or any part of body to any extent, into the
vagina, urethra or anus of another woman or making another person do so; to apply mouth or touching private parts
constitutes the offence of sexual assault.

Except in certain aggravated situations the punishment of such offence is imprisonment not less than seven years but which may
extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment
for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

A new Sec. 376A has been added to the Indian Penal Code which states that if a person committing the offence of
sexual assault which causes injury or which causes the death of the person or causes persistent vegetative state
(extensive and irreversible brain damage) shall be punished with rigorous imprisonment for a term which shall not be
less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s
natural life, or with death.

Persons involved in the gang rape regardless of their gender shall be punished with rigorous imprisonment which
shall not be less than twenty years, but which may extend to life and the that person shall pay compensation to the
victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim.

In the Criminal Law Amendment Act, 2013, the age of the giving consent for sexual activity has been increased to 18 years which
provides that any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory
rape.
Certain changes have also been introduced in the Criminal Procedure Code and Evidence Act, in which the process of recoding
statement of the victim is more victim friendly and easy.
The two most important changes which has been introduced in the Criminal Law Amendment Act, 2013 are-
i. Character of the victim is now considered to be irrelevant.
ii. It is now presume that no consent has been given in case of sexual intercourse is proved and the victim in the Court
states that she did not consent.

New Offences
The Criminal Law Amendment Act has recognized certain acts as offences; such new offences have been incorporated in Indian
Penal Code are-

Section Offence Description Punishment

Imprisonment not less than

10 years

This offence is a gender neutral and protect It may extend to

Sec. 326A Acid Attack imprisonment for life and with
both male and female victim.
fine which shall be just and
reasonable to meet the medical
expenses and it shall be paid to
the victim
 Imprisonment not less than
This offence is a gender neutral and protect five years
Sec. 326B Attempt to acid attack
both male and female victim
It may extend to seven years,
and shall also be liable to fine

This Section only protects women’s the

provision includes:
i. Physical contact and advances
involving unwelcome and explicit Rigorous imprisonment up to
sexual overtures three years, or with fine, or with
both [For offences mentioned
ii. A demand or request for sexual under (i) to (iii)]
Sec. 354A Sexual Harassment favours
Imprisonment up to one year,
iii. Forcibly showing pornography’s
or with fine, or with both [For
iv. Making sexually coloured remark offences mentioned under (iv)
& (v)]
v. Any other unwelcome physical,
verbal or non-verbal conduct of
sexual nature.

Protection to women against anyone who –

1. Assaults; Imprisonment not less than
Act with intent to three years
Sec. 354B 2. Uses criminal force
disrobe a woman
To any woman or abets such act with the It may extend to seven years
intention of disrobing or compelling her to be and with fine
naked
First Conviction

Imprisonment not less than 1

year

It may extend to 3 years and

fine.
Includes watching or capturing a woman in
Sec. 354C Voyeurism
“private act” Second Conviction

Imprisonment for a term not

less than three years

It may extend to seven years,

and fine

1. To follow a woman and contact, or

attempt to contact such woman to
foster personal interaction repeatedly Imprisonment which may not
even though the women is not be less than one year
Sec. 354D Stalking interested.
It may extend to three years,
2. Monitor women by the use of the and fine
internet, email or any other form of
electronic communication

Terrorism
Introduction
Terrorism is the unlawful use of force or violence against persons or property to threaten or compel a Government or its citizens to
further certain political or social objectives. The common definition of Terrorism is the systematic use or threatened use of
violence to intimidate a population or government for political, religious, or ideological goals.
International Terrorism is not a new phenomenon. The word “Terrorism” is used during the French Revolution of 1789 is used to
describe the conduct of revolutionaries. Even though the presence of terrorism in domestic and international life is long lasting,
there is no definition of terrorism till present which has been comprehensive, concise and universally accepted.
Definition of Terrorism
Terrorism can be defined as an unlawful use of violence and intimidation, especially against civilians, in the pursuit of political
aims.
Nature of Terrorism
The word Terrorism is popularly refers to an act that is wrong, evil, illegitimate, illegal, and a crime. The term has come to be used
to describe a wide range of violent and sometimes not-so violent, conduct. Acts which are determined as terrorist in nature can
occur both in conflict and peace-time. The Act of Terrorism is motivated by a complex environment of reasons and ideals.
Terrorism may be domestic and international, and may constitute a crime in domestic as well as international Law.
As Hegel observed that about the master- slave relationship, the possibility of exchange of roles always exists. Applied terror and
terrorism as function of domination alters the human relation between the parties. Hegel saw this as a dialectical exchange with
social as well psychological complications.
Causative Factors
Terrorism is not in one form it can take many forms and has many causes. It can have its roots in religious, social, or political
conflicts, specially, when one community is oppressed by another.
There are different forms of terrorism, and each form has its own causes. Some of the factors are defined as under-

Economic Factor

Political Factor

Social Factor

Economic Factor
Terrorism also caused because of Poverty. Deprivation of resources and opportunities can create hatred and cause some to turn to
terrorism in order to express their anger. There are varieties of factor that can be used to measure poverty including social
inequality, low GDP, and low literacy or education levels, other sources are population, unemployment rates, and inflation.
The economic factors such as rural unemployment, the absence of land reforms, exploitation of poor laborers by landowners etc.
have given rise to ideological terrorist groups such as the various Marxist/Maoist groups operating under different names.
Hamilton stated that terrorism has arisen among rich and poor, oppressive and relatively unoppressive societies. It has been used to
promote causes with no popular support as well as causes endorsed by a large majority.
Clutter Buck and Lacquer feel that terrorism does not emerge due to poor and exploited but it emerges due to ideal elites and
unparalleled affluence rather than the desperate poverty.
According to the Aristotle and Marx, the principle cause of revolution is the aspiration for economic or political equality on part of
common people and people were exploited on both level i.e. economic and political.
According to Gurr, “Economic values are more salient for most people than other values because some minimal level of economic
good is necessary for continued physical existence.”
Political Factor
Political factors like Government suppression leads to terrorism. Government repression is political rights and civil liberties,
unstable, and undemocratic societies form weak governments due to which people of the nation suffers. Human rights abuses
would also fall into this category since this is a direct result of government action, and would then be considered a form of
repression. Human rights violations, like dispossession and humiliation which create severe grievances against the government.
Dr. A.S. Anand said that “political ambitions of parties, the party leaders and established ideological groups also promote
terrorism.” With emergence of democratic system, political aspirations of masses have arisen but there has been evidence where
those aspirations were not allowed in politics or proper participations were not given.
When the Government is unable to provide basic standard of living, citizens become unsatisfied, which results in recruiting
terrorist organizations. It is the duty of the Government to provide the necessary resources for the people to survive.
Repression can also appear in more violent forms. A United Nations General Assembly resolution in 1985 found that one of the
underlying causes of terrorism was racism and massive human rights violations. When a State has very low respect for human
rights, the citizens are more likely to have grievances with those in charge.
In order to right the wrongs of the Government, citizens may turn to terrorism. Terrorist organizations can provide the necessary
resources to their members to fight against political wrongdoings. Due to all such factors it’s proved that Government repression
contributes to the presence of terrorism.
Social Factor
Some possible factors which are related to Terrorism are social factor, which are as under-

Human development includes per capita income, life expectancy, and education, which are accounted in regards to
terrorism and it shows that there is co-relation between terrorism and Human Development.

Another social aspect is religion. Enormous increase in religious extremism, increase in the scale of violence, and the
expanded global reach has been seen in the modern Terrorism.

Religious terrorism can be defined as political violence that is motivated by an absolute belief that other-worldly power has
sanctioned, or sometimes includes, terrorist violence for the greater glory of the faith. People who take part in the religious
terrorism believe that any acts committed by them will be forgiven and possibly rewarded in the afterlife.
There are many different forms of religious terrorism, but the most common is Islamic extremism. Recently there has been a
dramatic increase in religious terrorism. It is one of the main contributors to terrorism globally.
Funds of Terrorism
Fund of Terrorism is also termed as terrorism financing. Activities that provide the finance or financial support to either individual
terrorists or non- state terrorist referred to as terrorism financing. A Government generally maintains a list of terrorist organizations
and passes a law to prevent money laundering being used to finance those organizations.
In India currently, the UAPA (Unlawful Activity Prevention Act) is the primary anti-terrorism law in force in India. This law was
enacted by Parliament in 1967 to enable the imposition of reasonable restrictions on the rights to freedom of speech and
expression, peaceful assembly, and formation of associations or unions in the interest of sovereignty and integrity of India.
In 2013 UAPA (Unlawful Activity Prevention Act) was amended under which the financial activities relating to terrorism has been
penalized. In this amendment the concept of offences threatening economic security under Sec.15 of the terrorist act including the
smuggling of ‘high value’ counterfeit currency will rise to the activity of economic terrorism.
Sec. 17 of the amended UAPA, 2013, criminalizes the funding of terrorist activities. It expanded the scope with regard to the
activities as well as the purpose for which financing has been done.
Amendments made to the Act related to terrorism financing have been significantly broadened the scope of Sec. 17, it introduced
an element of uncertainty, especially given the ‘likelihood’ test. However under Sec.15 of the UAPA, the ‘economic security’ of
the country was protected.
Kinds of Terrorism
In India an act of terror includes any intentional act of violence that causes death, injury or damage to the property, induces fear,
and is targeted against any group of people identified by their political, philosophical, ideological, racial, ethnic, religious or any
other nature.

Ethno-nationalist terrorism

Religious terrorism

Left-wing terrorism

Narco-Terrorism

Depending on the country, the political system, and the time in history, the types of terrorism are varying. In India terrorism is
subdivided in four major groups:

1. Ethno-nationalist terrorism

Creating a separate State within India or independent of India or in a neighboring country, or

Providing special importance to the views or the response of one ethnic group against another. For Example: Violent
Tamil Nationalist groups from India to address the condition of Tamils in Sri Lanka, as well as insurgent tribal groups
in North East India.

2. Religious terrorism

Religious terrorism deals with the religious essentials a presumed duty towards religion, or in harmony for a specific religious
group, against one or more religious groups. For Example: Terror attack on 26/11in 2008 in Mumbai from an Islamic group in
Pakistan.

3. Left-wing terrorism

Left-wing terrorism deals with terrorism relating to the economic ideology, in which all the existing socio-political structures are
seen to be economically exploitative in character and a revolutionary change through violent means is essential. The ideology of
Marx, Engel, Mao, Lenin and others are considered as the only valid economic path. For example: Maoist violence in Jharkhand
and Chhattisgarh.

3. Narco-terrorism

Narco-terrorism focuses on creating illegal narcotics traffic zones. For Example: Drug violence in northwest India.
Other forms of terrorism that prevails in India are as under-

Non-political terrorism

It may be defined as a terrorist act which is perpetrated by a group for any other purpose, most often of a religious nature. Their
desired goal is other than a political objective however the tactics and ideology involved are the same.
 Quasi terrorism

It is a violent act that utilizes different methods to employ terrorists however it does not have the same motivating factors. For
example- An armed criminal who is trying to escape from law enforcement utilizing civilians as hostages to help them escape. The
law breaker is acting in a similar manner to a terrorist, but goal is different and not terrorism.

Limited political terrorism

These acts are generally one time only plots to make a political or ideological statement. The purpose is not to overthrow the
Government it aims to protest a Governmental policy or action.

State terrorism

It may be defined as any violent action initiated by an existing Government to achieve a particular goal. Most often this goal
involves a conflict with another country.
Terrorist and Disruptive Activities TADA
TADA was the first anti-terrorism law legislated by the government to define and counter terrorist activities. TADA was in force
between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of India.
Terrorist act under Terrorist and Disruptive Activities, 1987
Sec. 3(1) of the TADA provides ‘Punishment for terrorist acts’ as-
“Any person with the intent to strike terror in people or any section of people or adversely affect the harmony amongst different
section of the people by using by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or
other deadly weapons or poisons or noxious gases or other chemicals or by any other substances, which cause or likely to cause
death or injuries to any person or persons or loss, damage or destruction of property or disruption of any supplies or services
essential to the life of the community or detains any person and threatens to kill or injure such person in order to compel the
Government or any other person to do or abstain from doing any act, commits a terrorist act.”
Punishment for terrorist acts under TADA

Illegal Acts Punishments

Any person who commits terrorists act and such act resulted in
Shall be punishable with death or imprisonment of life and fine
death of any person
Shall be punishable with imprisonment for a term which shall
Person committing terrorist act not be less than five years but which may extend to
imprisonment for life and also be liable to fine
Any person who conspires, attempts to commit, advocates,
Shall be punishable with imprisonment for a term which shall
abets, advises or provoke or knowingly facilitates the
not be less than five years but which may extend to
commission of a terrorist act or any act which are related to a
imprisonment for life and shall also be liable to fine
terrorist act
Shall be punishable with imprisonment for a term which shall
Any person who harbours or conceals, or attempts to harbours or
not be less than five years but which may extend to
conceal any terrorist
imprisonment for life and shall also be liable to fine.
Shall be punishable with imprisonment for a term which shall
Any person who is a member of a terrorist’s gang or a terrorist’s
not be less than five years but which may extend to
organization which is involved in terrorist acts
imprisonment for life and shall also be liable to fine
Any person who acquire any property obtained from Shall be punishable with imprisonment for a term which shall
commission of any terrorist act or has been acquired through the not be less than five years but which may extend to
terrorist funds imprisonment for life and shall also be liable to fine
The Prevention of Terrorism Act, 2002 [POTA]
Chapter II of the Prevention of Terrorism Act deals with the Punishment for and Measures for dealing with Terrorist Activities.
Terrorists acts
According to Sec. 3 explains terrorists act as-

An act committed with the intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in
the people or any section of the people by using bombs, dynamite or other explosive substances or inflammable
substances or firearms or other deadly weapons or poisons or noxious gases or other chemicals or by any other
substances.

An Act which cause, or likely to cause, death, injuries to any person or persons, loss, damage or destruction of
property or disruption of any supplies or services essential to the life of the community or causes damage or destruction
of any property or equipment used or intended to be used for the defence of India or in connection with any other
purposes of the Government of India.

If Any State Government or any of their agencies, detains any person and threatens to kill or injure such person in
order to compel the Government or any other person to do or abstain from doing any act.
 If any person is or continues to be a member of unlawful association declared under the Unlawful Activities
(Prevention) Act, 1967.

If any person or group of person voluntarily does an act which aid or impose any unlicensed firearms, ammunition,
explosive or other instrument or substance which may cause mass destruction and commits any act resulting in the loss
of human life or grievous injury to any person or causes significant damage to any property.

Punishment for Terrorist Act under the Prevention of Terrorism Act, 2002
Illegal Acts Punishments

1. If such act has resulted in the death of any person, be

punishable with death or imprisonment for life and shall
also be liable to fine;
Whoever commits a terrorist act 2. In any other case, be punishable with imprisonment
for a term which shall not be less than five years but
which may extend to imprisonment for life and shall
also be liable to fine.

Whoever conspires or attempts to commit, or advocates, abets, Shall be punishable with imprisonment for a term which shall
advises or incites or knowingly facilitates the commission of, a not be less than five years but which may extend to
terrorist act or any act preparatory to a terrorist act imprisonment for life and shall also be liable to fine
Whoever voluntarily harbours or conceals, or attempts to Shall be punishable with imprisonment for a term which shall
harbour or conceal, any person knowing that such person is a not be less than three years but which may extend to
terrorist imprisonment for life and shall also be liable to fine
Shall be punishable with imprisonment for a term which may
Any person who is a member of a terrorist gang or a terrorist
extend to imprisonment for life, or with fine which may extend
organisation, which is involved in terrorist acts
to rupees ten lakh, or with both
Whoever knowingly holds any property derived or obtained Shall be punishable with imprisonment for a term which may
from commission of any terrorist act or has been acquired extend to imprisonment for life, or with fine which may extend
through the terrorist funds to rupees ten lakh, or with both
Whoever threatens any person who is a witness or any other
person in whom such witness may be interested, with violence,
Shall be punishable with imprisonment which may extend to
or wrongfully restrains or confines the witness, or any other
three years and fine
person in whom the witness may be interested, or does any
other unlawful act with the said intent

Criticism
Lord Denning expressed that; the freedom of individual must take second place to the security of the State. Recently, it was said
that the international community could not fault India if it chose to enact tough measures to deal with the threat of terrorism.
Terrorism has been mainly used as a weapon against Government that involves pre-meditated attacks with arms, ammunition and
explosives against the civilians of India. Following are the loopholes which prevail in India and which act as hurdle in dealing with
terrorism in India-
1. The problem of terrorism becomes insoluble when individuals acting under a committed terrorist organization are
willing to be killed while killing civilians in an indiscriminate manner.
2. The terrorists are not only threatening the ideals of democracy and freedom but also causing a serious challenge to the
existence, progress and development of mankind.
3. There is need for stringent provision for prevention of terrorism.
4. The culprit should not go scot-free just because of loopholes or lacunas prevailing under the Act.
5. The need for special laws to combat terrorism cannot be under estimated.
6. The problem lies with the implementation of laws and the abuse of powers conferred on the authorities under the special
laws.
7. The Anti- terrorism legislations also failed in providing punishment to the terrorists.

Suggestions
India must also enact stringent laws to curb the terrorist activities likes other countries are doing.

After the attack of 9/11, USA enacted the PATRIOT Act, which gave sweeping powers to the domestic law
enforcement and the intelligence agencies. It modified the procedures that protected the confidentiality of private
communications, reinforced the curbs on money laundering, prevented alien terrorists from entering the US and
enhanced the penalties for acts of terrorism.

UK passed an Anti-Terrorism Crime and Security Act, 2001, which provides additional powers to the police and
 reinforced the security of airports and laboratories. It even allowed the internment of foreign nationals suspected of
involvement in all this shows that even after violation of human right and misuse of the laws to fight from terrorism
there is need anti-terrorism legislation.

Anti – Terrorists Measures

In the last two decades Terrorism in India has grown to a great extent. The bomb blasts and terrorist attack in many cities like
Jaipur, Ahmadabad, Bangalore, and Mumbai on 26/11and Pune on 14/2/2010. The techniques and methods adopted by terrorist
groups and organization take advantage of modern means of communication and technology using high tech facilities available in
the form of communication system, transport, sophisticated arms and various other means.
The criminal justice system of India like Criminal Procedure Code (Cr.P.C.) was not designed to deal with such type of heinous
crimes. In view of this situation it was felt necessary to make special anti-terror laws for giving rigorous punishment for such
enmity of the humanity.
There are many laws are made in India but such laws were protested on the basis of the violation of fundamental rights of the
people. But after Mumbai attack on 26/11 it was felt that there is need to much stringent law to end up the terrorist activities.
India is an “important partner” of the United Nations in countering terrorism and preventing violent extremism. The Government
of India’s contribution to the United Nations Trust Fund for Counter-Terrorism will support the execution of capacity-building
projects by the United Nations Office of Counter-Terrorism. Plans are there for cooperation between India and the United Nations
on strengthening capacity in the areas of countering terrorist financing and on the use of advance passenger information.
Laws related to terrorism in India

1. Unlawful Activities (Prevention) Act, 1967

The Unlawful Activities (Prevention) Act, 1967 is popularly known as UAPA. This Act deals with ‘unlawful activities’. This Act
defines unlawful activity, as any action by an individual or association which is intended to bring about cession/secession or such
action as to disrupt or question the sovereignty and territorial integrity of India.
The Act is strictly limited to resolve the challenge to the territorial integrity of India. The provision of the Act declares the
secessionist associations as unlawful, adjudication by a Tribunal, control of funds and places of work of unlawful associations,
penalties for their members etc. The Act is completely within the purview of the central list in the 7th Schedule of the
Constitution.

2. Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)

The Terrorist and Disruptive (Prevention) Act was the second major which came into force on 3rd September 1987. As compared
to UAPA this has much more stringent provisions. This is specially designed to deal with terrorist activity in India. The Act
introduced unprecedented provisions having overriding effect over the Criminal Procedure Code and the Constitution in many
written and unwritten ways.
Earlier TADA was challenged before Apex Court of the country as being unconstitutional. But in the case of Kartar v. State of
Punjab [1994 Cri. L.J 3139], Supreme Court upheld its constitutional validity on the assumption that those entrusted with such a
strict statutory powers would act in good faith and for the public good. However this Act has been misused, important provisions
of the Act were abused by the law enforcement officials. The Terrorist and Disruptive (Prevention) Act was lapsed in the year
1995.

3. The Maharashtra Control of Organized Crime Act, 1999 (MCOCA)

The Maharashtra Control of organized Crime Act, 1999 (MCOCA) was enforced in the year 1999. The Act was mainly enacted to
deal with the rising organized crime in Maharashtra and especially in Mumbai due to the under World.
The Act deals with the evils like illegal trade of narcotics, kidnapping, collection of protection money etc. According to this Act a
person is presumed guilty unless he is able to prove his innocence. This Act includes promotion of insurgency as a terrorist act in
this organized crime is also mentioned. MCOCA does not specify prosecution of police officer found guilty of its misuse.

4. Prevention of Terrorism Act, 2002 (POTA)

This Act was enacted by the Parliament in the year of 2002; the Act was enacted due to several terrorist attacks that took place in
India especially the attack on the Parliament.
Sec. 3 of the POTA define terrorist and terrorist act. Special power has been granted to the investigation authorities under this Act.
The Act provides the legal framework to strengthen the hands of the administration to fight against the menace of terrorism. It
should be applied against such persons and acts which are covered by the provisions of the Act and it is not meant as a substitute
for action under ordinary criminal laws.
The constitutional validity of the Act was discussed in the case of People’s Union for Civil Liberties v. Union of India [AIR 2003
SC 2363],the Court held that as per the Constitution of India, Parliament possess power under Article 248 and Entry 97 of List 1
Seventh Schedule.
To ensure that the power has not been misused and violation of the human rights has been take place some specific safeguard have
been put together in the act which are:

Without taking previous sanction of Central Government /State Government no Court can take cognizance of any
 offence.

Officer lower in rank of the Deputy Superintendent of Police cannot investigate offences under the Act.

Confession made by a person before a police officer not below the rank of Superintendent of Police is admissible as
evidence. But such person shall be produced within 48 hours along with his confessional statement before a Magistrate

Any officer who exercises powers or malicious purpose or with malafide intentions shall be punished under this Act. A person
who has been corruptly or maliciously proceeded such person shall be provided with the award of compensation.

5. Unlawful Activities (Prevention) Amendment Act

It is an Act which aims at effective prevention of unlawful activities which are prevailing in India. The main objectives of the Act
were to make powers available to deal with activities directed against the integrity and sovereignty of India. This Act was amended
in 2004; most of provisions of POTA were re-incorporated.
The most recent amendment was held in 2012 to the Act. The definition of “terrorist act” was expanded to include offences that
threaten economic security, counterfeiting Indian currency, and procurement of weapons, etc. Additional powers were granted to
Courts to provide for attachment or forfeiture of property equivalent to the value of the counterfeit Indian currency, or the proceeds
of terrorism involved in the offence.

Communal Violence
Introduction
Earlier it was thought that the partition of the country would resolve the problem of communal violence. But it was proved that the
hope of country without communal violence is false. In communal violence several causes and multiplicity of factors are involved
each of these factors, individually and collectively, contributes to creating the communal passion in which even the mildest of
provocations erupts into irrational violence.
Communal violence involves people belonging to two different religious communities mobilized against each other and carrying
the feelings of hostility, emotional fury, exploitation, social discrimination and social neglect.To fight communalism and stop
communal violence, it is necessary to know the causes behind communal violence.
Paul Brass defines riot as a “violent disturbance of peace by an assembly or body of persons” and a pogrom as “an organized
massacre”.
The causes responsible for the communal violence are:

1. General Causes

The process of communal violence is very complex. The general causes for communal violence in India are-
a. Divide and Rule

British ruler adopted the divide and rule policy in India due to the antagonism between Hindu and Muslims. This policy had sown
seeds of dispute between the communities, who involved in serious conflict posing threat to the security of the nation. After the
revolt of 1857, the British rulers started to divide different communities on communal lines, particularly Hindus and Muslims.
b. Partition of Bengal and Swadeshi Movement

Since the division of Bengal in 1905 the Hindu-Muslim antagonism has been started. Another factor of creating gap between two
communities by the British rulers was partition of Bengal and Swadeshi movement. The Britishers wanted to cut the source of
Indian nationalism and therefore they started dividing the people of the region into two different communities. They divide the
Bengal in Eastern Bengal and Western Bengal. Eastern Bengal consists of Muslims in majority while in Western Bengal Hindus
were in majority.
As a result the majority community took hostile attitude towards the minority community. Due to this unfriendly attitude the
Swadeshi Movement has been started. And while opposing the partition of Bengal several riots took place.
c. Partition of the Country

After post independent the partition of the country also create the bitterness and communalized political process in India. After the
partition Muslims were minority in India and Hindus and Sikhs were minority in Pakistan.
d. Class Conflict

In India communal identity and division has always passed through Indian Society. Communalism is one of the by-products of
Colonial under development of the Indian economy. The rise of modern politics and social classes occurred in the same period and
the crises of Colonial economy began to be largely felt. The reason for the growth of internal division and antagonism within
society are Colonial economy, underdevelopment and failure to develop economy of the country.
e. Communal Conflicts and Conflicts of Interest

Beside the communal conflicts between the two communities there are also which sharpen the religious conflicts. Religious
conflict may in fact is used to cover the conflict of interest. Communal conflicts are used as medium for communities to assert
their communal identities and to demand their share in economic, educational and job opportunities.
 f. Political Factor

In most of the cases communal violence has been motivated from political factor. A political factor like usage of ancient identities,
money and muscle power, communal slogans, doctrinaire issue, etc., has been increased. To achieve maximum political gain such
short cuts have been adopted by them. Before partition the major cause of communal conflict was the struggle between the Hindu
and the Muslim leaders for political power as well as control of economic resources in the nation.
Communalism and communal conflicts are means of Political assertion. Politics in general is a process of conflict resolution. The
effort of each political group is to acquire as much political power as possible and to enhance the community or caste interests.
g. Socio Political issues

In India disputes between the trends of Hindus and Muslims takes place. uch socio political issues also create communal violence.
The principal aspect that came to the surface was ‘cow protection’ and ‘Urdu-Devanagari’ controversy. The social factors include
social traditions, stereotyped images of religious communities, caste and class ego or inequality and religion-based social
stratification.
h. Economic Factor

Economic competition leads to social tension which can later be turn into the communal violence. An unbalanced and exploitative
economic relation is one of the most important factors to communal violence.
Example:
Due to the economic factors communal violence occurred in Udaipur (1965 & 1966); Godhra (1980-81); Bihar Sharif (1981);
Meerut and Baroda (1982) and in the industrial belt of Bhiwandi-Thane-Mumbai (1984). Some major riots have been developed
due to the electoral politics and economic competition during 1980.
i. Business Rivalry

The cause behind communal disturbance also included business rivalry. Indian society is so much inter-dependent in its business
activity that it is not possible to visualize non-existence of give and take relationship between various sections of the society.
Hindu and entrepreneurs and artisans are so much interdependent among each other that they cannot flourish the business without
each other’s assistance and any bitterness among them affects the whole industry adversely.
The economic targeting of Muslims in the Gujarat riots in 2002 gives evidence of the divesting loss of property of the Muslim
community in the state. The anti-social elements are encouraged to attack the opposite business establishment due to business
rivalry.
j. Administrative Failure

The main reason for administrative failure is weak law and order. Weak laws and order is one of causes of communal violence.
There was failure of the police in determining the intensity of communal situation in advance due to which communal violence
arises.
In riots like Ahmadabad and Baroda (1969), Bhiwandi (1970), Hyderabad (1978 & 81), Bihar Sharif (1981), Bhagalpur (1989),
and several other major riots are the result of lack of administration.
k. Partisan Behaviour of police

Communal violence also arises due to the Partisan role of State officials including police. The partisan attitude of police permits
the petty clashes to turn into a major communal violence. The biased behaviour of the police has been seen many incidents
including, Mumbai riots (1992- 93), Gujarat killings and in Orissa riots (2008).
l. Rumors

One of the causes of communal violence is the false and exaggerated rumors which increases the flames of the communal
violence. In the case of Gujarat killings (2002), the Gujarati press became agent provocateur. Sandesh published false reports,
rumours and biased reports, which aggravated the flames of communal violence.
m. Lack of Communication

At the time of communal violence both communities does not exchange views and opinions freely such absence of inter group
communication creates favorable situation for communal violence.
An individual or personal attack is sometimes misconstrued as an attack against the entire community. As a result, people become
scared and frustrated and thereby more violence takes place.
n. Insecurity and Fear

Communal violence takes place when one community feels the threat, harassment, fear and danger from the members of the other
community. Lack of interpersonal trust and mutual understanding resulting in fear and worry among the communities. People who
are living as a neighbors and acquaintances become enemies to one another and participate in communal violence. People do not
report many communal incidents to police, as they are afraid of personal assaults by the criminals due to inadequate protection by
police.

2. Religious Factors
Religious factors is the another cause of the communal violence in the Indian society. A religious conflict arises from a belief of
the superiority. Every religion teaches its follower that the understanding and teachings of their God or prophet is the best
teaching. Due to tremendous faith in one religion and a feeling that non-believers are generally misguided by the people who
derive to be told regarding the correct path leads to the religious conflict.

3. Trivial Causes

Some trivial causes responsible for communal violence and disturbance are

Clashing of times of prayers of different communities.

Cow slaughter.

Demarcating new places for Tazias.

Desecration or destruction of places of worship.

Disputes over places of worship.

Distribution of objectionable pamphlets.

Disturbances in religious processions/functions

Due to the migrated Muslims and refugees.

Intolerance during fairs and festivals

Laying the foundation for new statues

Marriage, eve-teasing and sexual relations between members of the opposite groups or cases of elopement

Mischievous media reporting.

Objectionable speeches.

Obstructions placed during religious processions.

Performing Qurbani (i.e. sacrifice) in a public place.

Petty quarrels between members of different communities.

The basic cause of all communal violence is the communal atmosphere spread throughout the country and the communal tension
built up between the two communities.
Prevention of communal violence

It is important to ensure that the minority interests are protected along with the interests of majority without any
partiality. This can only be ensured by a well-structured and capable Police force in the country.

There is a need to bring a strong “Communal Violence Prevention Bill.”

Such bill is necessary to protect the interests of all the communities affected by communal violence. The bill must
also deal with all the necessary steps to stop the communal riots immediately.

There should be provisions such as rehabilitation and compensation for the affected persons.

Those who instigate the communal violence must be brought to justice and must be strictly punished.

In India the laws related for the prevention of communal violence are
Indian Penal Code: Communal Violence

Sec.(s) 141 and 142 of the Indian Penal Code dealt with the unlawful assembly and being a member of unlawful
assembly.

Sec. 143 of the Indian Penal Code prescribes punishment for unlawful Assembly, which explains that any person
who is a member of unlawful assembly shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.

Sec. 144 speaks about joining the unlawful assembly with deadly weapons.

Sec.(s) 146, 147, 148, 149 deals with rioting and punishment for rioting is imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
 Sec. 153 deals with the provisions relating to the violence on the grounds of religion. The violence in the religious
worship place and provides punishment for any misconduct at the place.

Sec.153A of the Indian Penal Code has been enacted especially to deal with the offences related to communities or
religion.

Provisions in the Constitution of India

According to Article 355 it is the duty of the Union to protect State against external aggression and internal disturbance.

Crime against Marginal Group

Introduction
Criminality is a global phenomenon; with the advancement of time and development of knowledge the complexities of life have
been multiplied. It has resulted to many anti-social elements think it profitable to embrace criminality as a profession to earn profit
through wrong ways.
Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit
such crimes can the provisions of international law be enforced.
According to Dr. Walter an organized crime may be defined as an act of unlawful misadventure which is carried by the senior
member of the group.
Marginalized group
It may be defined as an experience which affects the lives of millions of people. People who are in marginalized group have less
control over their lives, and the resources available to them. It makes them handicapped in delving contribution to society.
There is lack of positive and supportive relationships and people of marginalized group are prevented from participating in local
life, which leads to their isolation. This has a tremendous impact on development of human being.
Marginalization deprives a large majority of people across the globe from participating in the development. It is important that this
complex and serious issue must be addressed at the policy level.
Meaning of marginalization
“Being outside the mainstream of productive activity and/or
Peter Leonard
social reproductive activity.”
To be marginalized is to be placed in the margins, and thus
Encyclopedia of Public Health
excluded from the privilege and power found at the center
Marginality is so thoroughly demeaning, for economic well-
being, for human dignity, as well as for physical security.
Observation of Latin
Marginal groups can always be identified by members of
dominant society, and will face irrevocable discrimination.
‘Marginalization’ may be defined as a process of pushing a particular group of people to the edge of society by not allowing them
an active participation.
Concept and characteristics of Marginalized group
In simple words we can say that marginalized group means people who are in minority in a particular society.
Following are some of the features of the marginalized groups-
a. They suffer from discrimination and subordination;
b. They feel neglected and disapproved by the dominant section of the society;
c. They share common burden and feel collective when remain in their group.
d. They share common beliefs and ideologies within their group.

Marginalized group: Victims

‘Marginalization’ means when a certain person or a sect of people is made to feel of lesser importance. Marginalized persons are
forced to the periphery or the edge of society.

Against women

Women face hate crimes not just because of their gender but also because of their caste or religion. It is important for authorities to
recognize the complexity of the discriminatory motives behind these crimes, and not just record these cases as crimes against
women.

Disadvantaged groups in society

Crime and disorder significantly diminish the quality of life for many citizens. Since the mid-1980s, there has been a growing
awareness that crime impacts most harshly on already disadvantaged groups in society.
 Scheduled Tribes

Scheduled tribes are pushed out of their homes and they are forced to migrate to different parts of the country. They face a lot of
difficulties due to their inability to mix up with society. They are illiterate, even after working hard manual labour jobs or working
in factories, they remained extremely poor.
Social marginalization in India can be overcome by identifying committed non-State individual and institutions. It is important to
provide support to the marginalized group so that they can successfully contribute to the Government’s reform and policies.
Victimless crimes
It may be defined as the crime which is illegal in nature and which directs to involve only the perpetrator or occurs between
consenting adults. This is a crime of consensual nature and no one is considered as a victim in it. It may be an act related to sexual
behaviour or involvement in drug addiction etc.
Victimless crime sounds differently but there are crimes in world which are without victim. There is no third party who is the
victim in it either perpetrator suffers in it. Victimless crime is private in nature but society is ready to relinquish its own privacy to
punish the offender in victimless crime. There is need to prevent the victimless crime to protect the society interest, thus society
has given State power to punish such crimes.
Characteristics of victimless crime
Three characteristics can be used to identify whether a crime is victimless crime, which are as under-
a. If the act is excessive
b. It is indicative of a distinct pattern of behavior
c. Its adverse effects impact only the person who has engaged in it

Many victimless crimes begin because of desire to obtain illegal products or services that are in high demand. The supply of
penalized which in turn drives the “black market price” up creating monopoly profits for those criminals who remain in business.
This “crime tariff” encourages the growth of sophisticated and well organized criminal groups.
Drugs and crime: Victimless crime
Compulsion for narcotic makes every drug-addict a law violator and criminal. Possession of narcotics is also an offence which is
punishable under law. The drug addicts generally lead to criminal life. Most people become delinquent once they start taking
drugs. Drugs may result into mental impairment.
The National Committee on Drug Addiction was set-up by the Government of India in 1976 to inquire into the following aspects-
1. The extent of addiction to drugs in the country;
2. To determine motivation for drug addiction;
3. To identify types of drugs that are misused and suggest steps to prevent misused and suggest steps to prevent misuse;
4. To recommend suitable de-addiction and rehabilitation programs.

Classification of Drugs
The International Convention on Drugs to which India is a signatory has classified drugs under two categories-

Narcotics Drugs- It includes- Opium; Cocoleaf; cocaine; cannabis; hebaine

Psychotropic substances include valium, diazepam, morphine etc.

Causes of Drug Addiction

a. Rapid industrialization and urbanization is one of the main cause of drug abuse among the youngsters;
b. Unemployment is another factor that contributes to drug addiction among the youngsters;
c. Lack of parental care and control amounts to drug addiction among their children;
d. Frustration and emotional stress due to sorrows amounts to drug abuse;
e. Social disorganization is also a contributing factor for menace of drug abuse or misuse.

Indian Law
The Parliament enacted the Narcotics Drugs & Psychotropic Substance Act, 1985 which was later amended and renamed as the
Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances (Amendment) Act, 1988 which came into force on 4th
July, 1988.
The Act emphasized on the prevention aspect of drug evil and covers a wide list of substances that are recognized as narcotic
drugs. It prevents people from the dangers of drug-abuse. The Act prohibits supply and distribution of prohibited drugs which has
minimum 10 years of sentence which may extend to 20 years of punishment. The Act has no distinction between drug addict and
drug trafficker in regard to the punishment except under Sec. 27 and Sec. 64-A of the Act.
Sec. 27 of the Act provides that a drug addict proves that he possessed drug of less than small quantity as notified by the Central
Government and it was for his own consumption and not for sale, then he shall be liable to be punished which may extend to one
year of imprisonment.
Sec. 64A of the Act provides immunity to a drug addict from criminal liability which provides that he proves that the offence is
committed for the first time and he or she voluntarily agrees to be treated for de-addiction in a recognized institution.
Sec. 71 provides for rehabilitative and reformative measures for an addict.
Important Case Laws related to Drug Abuse
Joseph Dawood Lama v. State of Maharashtra [(1990) Cr. LJ 1034]
In this case the conviction of the accused was confined, a foreign national under the Narcotic Drugs & Psychotropic Substance
Act, 1985 and sentenced him to 10 years of rigorous punishment and with fine of Rs. 10,000. The Supreme Court further ruled that
under NDPS Act the police officer taking search is duty bound to inform the person arrested that if he so desired he shall be
searched in the presence of the Magistrate.
Birendra Kumar Rai v. Union of India [AIR 1993 SC 942]
The Supreme Court in this case held that falling under the Prevention of Illegal Traffic in Narcotic Drugs & Psychotropic
Substance Act, 1988, the accused should be sternly dealt with under Sec. 3 of the Act and the provisions of Article 22(5) of the
Constitution of India are not attracted in such cases. Hence, the detention of the accused under the Act shall not be held arbitrary.
Modern and International Crimes
Computer related crimes: Cyber crime
The development in information technology and electronic media from 1980’s onwards have been given rise to a new type of
computer related crime called as ‘cyber crimes’. The growth of the crimes has become a matter of global concern and a challenge
for the law enforcement agencies in the new millennium.
Definition of cyber crime
A cyber-crime may be defined as any criminal activity that uses a computer either as instrumentality, target and means of
perpetrating further crime.
It is an unlawful act wherein the computer is either a tool or a target or both.
Reasons of cyber crime
Following are the various reasons for growth of cyber-crime globally-
1. The computer has the unique characteristic of storing data in a very small space; this allows easy removal of
information through physical or virtual medium.
2. Computers are easy to access and therefore unauthorized access by the use of cyber space is possible in an easy manner.
3. It is easy for hackers to hack the computers and misuse it.
4. The criminals find it easy to destroy the evidence easily as it is easy to delete information from the computer in no time.
5. Negligence on the part of computer user amounts to illegal access to criminals.

General Classification of computer crimes

Cyber crimes against persons

Cyber crimes against all forms of property

Cyber crimes against State and society

Hacking
It is the most common form of cyber-crime in these days. The reason why hackers indulge in such crimes may vary from monetary
gain to political benefits. It involves spoofing, e-mail bombarding, virus attacks etc.
Hacking means seeking unauthorized access through computer network, web-jacking is a kind of hacking where there is forceful
control of a website someone else.
Email-spoofing
It may be defined as misrepresentation of the origin, it shows its origin to be different from where it actually originates.
Computer Vandalism
The term ‘vandalism’ means to destroy or damage the property of another. Computer vandalism includes any physical damage
done to the computer of any person. It is a form of theft of a computer’s data.
Cyber defamation
It is not different from conventional defamation except that it involves the use of cyber space medium. Any derogatory statement
which is intended to injure a person’s reputation on a web-site amounts to cyber defamation.
Data diddling
This offence involves changing or erasing of data in subtle ways that makes it difficult to put the data back. This crime is
committed for illegal monetary gains or for commission of financial crimes.
Information Technology Act, 2000
The Information Technology Act, 2000, came into force on 17th October, 2000. It has been amended in 2008 and the Amended
Act has been effective from 5th February 2009. The Rules under the Amended Act have also been framed, which became effective
from 27th October, 2009.
This Act was enacted in India for prevention and control of cyber-crimes. Prior to the enactment of the Act, cyber offences were
dealt by the Indian Penal Code, 1860. After enactment of the Act, various changes were brought and new introductions were made
in the field of cyber space crimes.
Cyber law is important as it deals with almost all aspects of transactions and activities related to internet, World Wide Web and
cyberspace. Every action and reaction in cyberspace has some legal and cyber legal perspectives. Cyber law encompasses laws
relating to –

Cyber crimes

Electronic and digital signatures

Intellectual property

Data protection and privacy

The Act is based on UNCITRAL Model Law on e-commerce, 1996 in furtherance of the U.N General Assembly which urges the
member States to enact or revise their cyber space laws to create a uniform environment for regulating e-commerce at the
international level.
Sec. 2(1)(t) of the Act defines ‘electronic record’ which means “data record or data generated image or sound stored or received or
sent in an electronic form or micro-film or computer generated micro-fiche.”
This brought an amendment to the Indian Penal Code, it now includes all offence related to ‘documents’ which shall also include
offences related to ‘electronic record’ which are committed through internet/ cyber space.
Salient features of the I.T. Act, 2000
1. The IT Act provides legal recognition to e-commerce, which facilitates commercial e-transactions.
2. The Act also recognises records which are maintained in electronic form like any other documentary record.
3. It provides legal recognition to digital signatures which need to be duly authenticated by the certifying authorities.
4. Cyber Law Appellate Tribunal has been set up to hear appeals against adjudicating authorities
5. It includes all electronic contracts which are made through secure electronic.
6. Security measures for electronic records and also digital signatures are secured after the enactment of IT Act.
7. A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized.
8. The Act provides legal sanction and it also facilitates the electronic transfer of funds between banks and financial
institutions.

Various offences and punishment under the IT Act

1. Sec. 10A has been inserted to the Act with an aim to the effect that contracts concluded electronically shall not be
deemed to be unenforceable solely on the ground that electronic form or means was used.
2. Unauthorised Access (Sec. 43A) has been inserted to the IT Act with the purpose to protect sensitive personal data or
information possessed, dealt or handled by a body corporate in a computer resource which such body corporate owns,
controls or operates. It deals with unlawful switching over a computer, using software program, viewing content of a
floppy disk etc.
3. Tampering with computer source documents (Sec. 65)- It is punishable under IT Act, it includes illegal act such as
concealment, destroying, altering of date.
4. Hacking of computer date (Sec. 66)- Sec.(s) 66A to 66F has been added to Sec. 66 which prescribes the punishment for
offences which includes obscene electronic message transmissions, identity theft, cheating by impersonation using
computer resource, violation of privacy and cyber terrorism.
5. Publishing of information which is obscene in electronic form (Sec. 67)- This Section of the Act has been amended to
reduce the term of imprisonment for publishing or transmitting obscene material in electronic form to three years from
five years and increase the fine thereof from Rs.100,000 to Rs. 500,000. Sec.(s) 67A to 67C have also been inserted.
6. Failure to assist in decryption (Sec. 69)- This Section of the Act was amended to give power to the State to issue
directions for interception or monitoring of decryption of any information through any computer resource. Sec.(s) 69A and
69 B, grant power to the State to issue directions for blocking for public access of any information.
7. Sec. 79 of the Act which exempted intermediaries has been modified to the effect that an intermediary shall not be
 liable for any third party information data or communication link made available or hosted by him with certain conditions
added to it.

International crime
In an ever more complex and globalized world, war, terrorism and criminality are increasingly intertwined. It leads to looting,
killing, and recruitment of child soldiers, genocide and even terrorism.
It further leads to cross-border crimes for example human trafficking, kidnappings and wildlife crimes. International organizations,
non-governmental (interest) groups and governments are confronted to deal with the solution to prevent and respond to these
criminal acts, and to deal with their harmful consequences.
These crimes have been defined over time in a range of international conventions and agreements, beginning with the first Hague
Conventions at the end of the 19th century, which established rules for military conduct during wartime. These agreements
extended criminal responsibility not just to the direct perpetrators of a particular crime, but also to those who commanded, planned
or allowed the crimes to take place.
Definition of international crime
The term “international crime” is a collective term for certain extremely serious violations of international law: genocide, war
crimes, crimes against humanity, torture and enforced disappearances. Other heinous crimes like slavery, piracy, and aircraft
hijacking, are not considered international crimes, despite their having an international component.
Concept of international crime
It is a crime against international law. Following are the condition when it is said that international crime has occurred-

Violation of an International Law

Offence is punishable under International Law

Treaty established liability for the act done

1. If there is a violation of a criminal norm derived out of an international treaty and other international customary law
which is binding on individuals;
2. The crime is punishable under the International law
3. The treaty establishes a liability for the act done, and this must be binding on majority of countries.
Following are the various examples of international crimes-
a. Crime against humanity
b. Crime against peace;
c. War crimes;
d. Drug trafficking, arm trafficking, money laundering etc.

Crime against humanity

It defines as the crime which is a part of widespread or systematic attack on the civilian population. It includes deportation or
forcible transfer of a population, torture, enslavement, rape, forced prostitution or any other comparably grave form of sexual
violence, and murder.
Organ Trafficking
Transplantation of healthy organs to the body of persons, whose organs have failed, improves and saves thousands of lives every
year. However, the demand for organs has outstripped supply, creating an underground market for illicitly obtained organs.
Organ traffickers exploit the donors to improve the economic situation of themselves and their families. They exploit the recipients
who may have few other options to improve or prolong their lives.
One factor that is distinct in this form of trafficking in persons is the profile of culprits; while some may live solely from criminal
trafficking activities, others may be doctors, nurses, ambulance drivers and health care professionals who are involved in
legitimate activities when they are not participating in trafficking in persons for the purpose of organ removal.

List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3
Dr. Rajendra K. Sharma-Criminology and Penology

4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

1. Sutherland, Edwin Hardin (1949) White Collar Crime. New York: Dryden Press.
2. AIR 1999 SC 1912

Unit IV - The Police and Criminal Justice System

Course Outline of Unit IV: The Police and Criminal Justice System
This Unit contains discussion on following topics :
Police: Organizational Structure of Indian Police - Police Bureaucracy - Police Setup - Custodial Deaths - Modernization in
Police - Crime Records Management - Traditional Vis-a-Vis Modern Crime Records Mangement - Police Community Relations
- Thana Level Committee - Police Advisory Committees - Media and Police - Discipline and Lawlessness - Interpol.
Criminal Justice System: Objectives of Criminal Justice System - Rights of Accused and Arrested Person - Plea Bargaining -
Human Rights and Administration of Criminal Justice.

Disclaimer: This subject content as provided under AIR Online Education Support Suite is only Study (Reference) Material for
supplementing your Academic Classroom (Text Book) Learning. These are not Text Books on the Law Subjects.

Introduction
Police has to play a crucial role as a functionary of criminal justice; it functions to maintain peace and enforcement of law within
its territorial jurisdiction. The primary duty of police is to safeguard the lives and property of people. Crime prevention involves
investigation of crime, maintaining law and decorum in the society, punishing the law violators etc. Once the police frame charges
against the accused, his trial begins in the Criminal Court.
The Court records the evidence and decides whether the charges against the accused are proved or not. After the guilt of the
accused is proved, he is then convicted by the Court and sent to the prison to undergo the term of his sentence.
The police are expected to be the most accessible, interactive and dynamic organisation of any society. Their roles, functions and
duties in the society are natural to be varied and multifarious on the one hand; and complicated, knotty and complex on the other.
Broadly speaking the twin roles, which the police are expected to play in a society are maintenance of law and maintenance of
order.
Origin of Police
The Police are basically concerned with the maintenance of law and order and security of person and property of individuals. It
plays a major role in criminal justice. With the change in time, police duties have increased tremendously and have become more
diverse. The modern police is duty bound to protect public against physical dangers, regulate traffics, ensure security of high
officials, preserve law etc.
The term ‘police’ has been derived from the Latin word ‘politia’ this means the condition of a Polis or State and from the Greek
word ‘Politeia’ which stands for ‘State’ or ‘administration’.

‘Police’ means a system of regulation for the preservation of

Oxford dictionary order and enforcement of law; the internal Government of
State
Police functions generally related to promoting public welfare
Ernest Fround by restraining and regulating the use of property and liberty of
persons
The term ‘police’ broadly refer to purposeful maintenance of public order and protection of persons and property, from the hazards
of public accidents and the commission of unlawful acts. It refers to civil functionaries charged with maintaining public order and
safety and enforcing the law including the prevention and detection of crime.
Maintaining law and order in world’s largest democratic country is a difficult task. The police personnel provide for the security of
people and enforcement of laws of the country. It determines the manner in which democratic decisions are implemented in the
country.
In view of the growing violence, social conflicts and serious threats of terrorist activities, the role of police is becoming even more
important. The assurance of equality and dignity to the weaker sections of the society is also dependent upon the performance of
the police.
Development of Police Organisation
The beginning of civil protection against crime and disorder in England came with the promulgation of the Edict West Minister in
1285 by King Edward I. Under this system, local groups of property owners were responsible for the maintenance of peace in their
district. This system was prevalent in Great Britain for centuries.
During 18th Century United Kingdom witnessed a considerable increase in crimes of violence. A police force was set up by the
Middlsex Justice Act to arrest and maintain a check of growing crime and criminals.
A regular system was established in England by the Act of Parliament which was passed in 1787 for maintaining peace of Ireland.
The constables were liable to maintain law and order in the society.
The most important development in British police system was of rural police force, it was an outcome of historical development.
The police had to perform his duty the whole day and he was never off duty. He had to do night patrolling for prevention of crime
and to maintain law and order.
Police system in America
USA came under the influence of Britain earlier; the civilians were used to perform the function of night guard to protect crime and
criminals in their society. Later, a regular police force was set up in America by the Dougan Charter of 1886.
The modern police in America are vested with the authority of using legitimate and justified force against the citizens. The police
is authorised to use force for curbing violence in the society.
Police force in India
Police force in India has been in existence from very ancient times. Following are the various periods in which Police system
existed and modified with a period of time-

Ancient India

Medieval India

East India Company's Impact

Modern India

Ancient India
There are references of existence of police system in epics namely, Mahabharata and Ramayana. During Vedic period, exact
references of criminal justice organization are not available. However, Mauryan period showed important features of criminal
justice system.
Manu, who was the ancient law-giver emphasised the need to police force for maintenance of law and order. According to him,
police functions could be entrusted to only those who were well acquainted with local people and dedicated to the cause of
protection to society against law violators.
Arthasastra of Kautilya throws light on the state of the society and the administration, system of administrating justice and also the
state of crime during that period. The Arthasastra is a treatise on the criminal justice system. It reads like a manual for the police in
modern times. According to Arthasastra, the smallest administrative police unit was the village.
The ancient history of Indian further reveals that there was well organised police force during the period of ruling of ancient Hindu
rulers. There were three types of police officers, namely-

Dandapala,

Durgapala and

Antpala

During Gupta period, Dandika were the highest ranked police officers. Chauro, Dhanmika and Dandaparika were other police
officers under Dandikas. Nagar Shreshthi was responsible for peace and security of the city. Rabasika or Rahasaga was in-charge
of the secret and confidential service.
The administration system during Mauryan system was centralized while it was more decentralized during the Gupta period.
However, it may be noticed that basic structure of police was nearly the same. The village police, the city police and the palace
police were the basic systems which was suitably developed or changed by various Kings.
Medieval India
The Mughals in India also had well-organised police force system for maintaining law and order in the society. The police officials
were called as ‘fauzdar’ who were in-charge of the complete police force and the number of sub-ordinate officials called as
‘Darogas’ who had to work under the Fauzdars.
The policeman was called as Sipahi, the detective branch was also there which was called as ‘khuphia’. The chief administrator of
the Province was called as ‘subedar’ or ‘Nizam’. The Government under the Mughals was autocratic and military in nature. It did
not take responsibility or devote itself to manifold functions, as a modern government generally does.
Police system under East Indian Company
The leading organization was the East India Company. Initially, the British presence was maritime and commercial in character.
The Company officials functioned with the cooperation of local rulers. By early 19th century, Mughal Empire started
disintegrating. The native rulers emerged at various nooks and corners of the country. Infighting among the native rulers and
prevalence of greed & corruption among the ruling class and several other factors paved the way for conversion of the Company
administration into a full-fledged Colonial State.
The British Government in India retained the system of police prevailing in each Province with modifications. According to the
Regulations of 1816, village headmen were made ex-officio heads of police also. They apprehend offenders and forwarded them to
District authorities. The Police Commission of 1860 recommended the continuation of policing with minor changes, which are as
under-
a. Police functions were to be entrusted to civil constabulary separating them from the military police;
b. The civil police administration was to be headed by an Inspector General of Police for each Province;
c. Inspector General would be responsible to the Provincial Government whereas the Superintendent of Police would be
responsible to the Collector of the District;
d. The village police were to be under the supervisory control of the Superintendent of Police.

The Indian Police Act, 1861

The events of 1857 necessitated an instrument to control the vast lands at an economical cost. After facing a real threat of losing
power in 1857, the British rulers were determined to ensure complete suzerainty and suppression of all challenges to their power.
A Police Commission was appointed in August 1860 with the aim of making police an efficient instrument for the prevention and
detection of crime.
Commission was instructed to bear in mind that functions of a police are either protective and repressive or detective and that the
line which separates the protective and repressive functions of a civil force from functions purely military, may not always be very
clear.The primary objectives were to meet the exigencies of trade and company profit. The emphasis was on order maintenance,
on keeping the trade routes safe and ensuring that the exploitation of resources could continue unhindered.
The Act imposed a uniform police system on the entire country. The Act established organized police forces the responsibility of
the various provincial governments. Within the provinces the police was to be recruited, trained, disciplined and control by British
officers.
Modern India
Modern police in India is primarily concerned with detection and investigation of crime and apprehending criminals by making
arrests. They are concerned with the protection of the society against crimes and safeguarding the person and his property. The
Police also deal with juvenile delinquents and enforcement of various Acts in the State.
After the Independence of India, the police system was transformed from police State to Welfare State which has brought a radical
change in the activities and functioning of the police. The role of the police is to preserve and protect the basic human needs which
are essential for their survival.
The Police set-up
The hierarchy of police working in the State police force includes, Director General of Police; Inspector General of Police; Deputy
Inspector General of Police, Superintendent of Police, Deputy Superintendent of Police, Circle Inspectors, Sub-Inspectors,
Assistant Sub-inspectors, Head Constables and Recruit Constables etc.
The Superintendent of Police is in-charge of the entire police force in the District and is responsible to the District Magistrate. In
the Metropolitan cities of Mumbai, Chennai, Kolkata etc. the powers of Superintendent of Police and of the District Magistrate are
combined in one single official called the ‘Police Commissioner’.
The Constitution confers exclusive power on the States to control and regulate the functioning of the police as the maintenance of
police order and police, including the railway and village police are State subjects.
Police Organisation under the State Government
Director General of Police (DGP) {In-charge of the State}

Additional Director General of Police (Addl. DGP)

Inspector General of Police (IGP) [In-charge of a zone]

Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprises a group of districts}

Senior Superintendent of Police (SSP) {In-charge of the bigger District

Superintendent of police (SP) {In-charge of the District}

Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprises a group of districts}

Additional Superintendent of Police

Assistant/ Deputy Superintendent of Police (ASP/Dy. SP)

Inspector of Police {In-charge of a Police Station}

Sub-Inspector of Police (SI) {In-charge of a smaller Police Station}

Assistant Sub-Inspector of Police (ASI)

Police Head Constable (HC) {Staff of the Police Station}

 Police Constable {Staff of Police Station}

Police system at Centre

The Central Government is concerned with the administration of Central Police Reserve Force, the Border Security Force and the
Central Industrial Security Force and the Central Bureau of Intelligence & Investigation.

Police organisation under Central Government

1. Central Para-Military Forces

Assam Rifles

BSF [Boarder Security Force]

CRPF [Central Reserve Police Force]

CISF [Central Industrial Security Force]

ITBP [Indo-Tibetan Border Police]

NSG [National Security Guard]

2. Unarmed Police Organisations

BPR&D

C.B.I

DCPW

IB

NCRB

NICSF

NPA

3. UT Police Force

DIG

PHQ

CID

MT Section

Training & Modernistic

Police Hospital

Home Guards

Crime

Economic Offences Wing

SSP

SDPO

PCR

Crime Branch

SP

City
Note: Full Forms of the Abbreviations used above-
[Under the heading- Unarmed Police Organisations]

BPR&D- Bureau of Police Research & Development

C.B.I- Central Bureau of Investigation

DCPW- Directorate of Co-ordination, Police Wireless

IB- Intelligence Bureau

NCRB- National Crime Record Bureau

NICSF- National Institute of Criminology & Forensic Science

NPA- National Police Academy

[Under the heading SSP]

SDPO- Sub-Divisional Police Officer

PCR- Police Control Room

Functions and Duties of Police at Centre Level

Police and public order are State subjects, but this does not minimize the role of Central Government in Police administration.
Constitution of India empowers the Central Government to intervene in some situations or perform special function in police
matters.
Article 355 of the Constitution of India, specifies that it is the duty of the Centre to protect the States against internal disturbances
and to ensure that the governance of every State is carried in accordance with the provisions of the Constitution.
Constitution enumerates a list of subjects like All India Services, arms, ammunition, passports etc. under the Union List. As per
List 1 of the 7th Schedule, the Parliament of India has exclusive powers to make laws with respect to the armed forces of the
Union, the Central Bureau of Intelligence and Investigation, the Union agencies and institutions for training of police officers,
promotion of special studies or research, scientific and technical assistance in the investigation or detection of crime, all India
Services, extension of the powers and jurisdiction of members of one state police force to another with the consent of that state or
to outside railway areas.
Police Commissioners
A number of States in India have introduced the system of appointing a Police Commissioner for better and effective maintenance
of law and order. The working of Police Commissioner in the Metropolitan Cities such as Delhi; Mumbai; Chennai etc. has shown
that functional autonomy leads to prompt and coordinated police action. Specifically in urban areas various issues have been
noticed regarding social tensions; occurrence of crime etc. Solution to this is an organised police system.
In the Police Commissioner system, a senior and experienced police officer is directly the in-charge of policing and he has
complete control and authority over his force. He is accountable directly to the Government.
Women Police
After the independence of India, women police have been recruited in the police establishment from the year 1947. They deal with
the offences relating to juvenile and women delinquents. Women Police were introduced in United Kingdom for the first time in
1917. The Indian women police perform functions of escorting women offenders from one place to another or arrest and
apprehend them.
The service of women police officers are utilised for helping the pardanashin ladies for obtaining the passports etc. Recently, the
growth in crime rate related to dowry deaths, harassment of women, Indian women police have gear up to suppress these crimes.
Roles and functions of Police
The role and functions of the police in India are as under-
a. To uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the
members of the public;
b. To promote and preserve public order;
c. To protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant
activities and other situations affecting Internal Security;
d. To protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of
vandalism, violence or any kind of attack;
e. To prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive action and
measures as well as by aiding and cooperating with other relevant agencies in implementing due measures for prevention
of crimes;
 f. To accurately register all complaints brought to them by a complainant or his representative, in person or received by
post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the
complaint;
g. To register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly
supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend offenders, and
extend requisite assistance in the prosecution of offenders;To create and maintain a feeling of security in the community,
and as far as possible prevent conflicts and promote amity; etc.

Legal functions of Police

Patrolling and Surveillance

Preventive functions

Investigation by police

Interrogation of Offenders & Suspects

Search & Seizure

A. Patrolling and Surveillance

Patrolling is the prime function of the police where it is duty bound to watch and ward the society against crime. Surveillance is
another important function of the police which is based on anti-crime work. Every police station has a list of criminals and anti-
social elements which need a special watch on them. The police must be vigilant and must perform its duties lawfully.

B. Preventive functions

The most important task assigned to police officers is to make arrest of law-breakers and of the suspected criminals. The
preventive powers and functions of the police are mentioned under Code of Criminal Procedure [Sec. 149 to 158 of Cr.PC]. The
Code also provides legal limit of arrest and detention of the criminals.

C. Investigation by police

The purpose of investigation is to collect evidence and apprehend the offender. It is the duty of everyone concerned to assist the
police in their work. The police can question any person supposed to be acquainted with the facts and circumstances of the case.
That person shall be bound to answer the questions raised by the Police.

D. Interrogation of Offenders & Suspects

The police have the power to interrogate and question the suspect if he has committed any offence. However, there are certain
limitations to the power of police to search which is provided under Sec. 156 of the Code of Criminal Procedure.

E. Search & Seizure

It should not be unreasonable; it may be conducted by the police with or without warrant. If a search is conducted on a warrant
issued by a Magistrate, it must contain the following mentioned details-
i. Information as to the statement of facts showing probable cause that a crime has been committed;
ii. A specification of a place or places to be searched;
iii. A reasonable time-limit within which it must be conducted.

Police Custodial Torture & Human Rights

Custodial torture has become a common phenomenon and a routine police practice of interrogation. It leads to an uproar for a
moment but after sometime the incidence fades away and public forgets everything about the incidence.
Custodial torture ranging from assault of various types to death by the police for extortion of confessions and imputation of
evidence are not uncommon. Such a method of investigation and detection of a crime, in the backdrop of expanding idea of
‘humane’ administration of criminal justice, not only disregards human rights of an individual and thereby undermines his dignity
but also exposes him to unwarranted violence and torture by those who are expected to ‘protect’ him.
The Supreme Court in the case of Sheela Barse v. State of Maharashtra [AIR 1983 SC 378] expressed its concern about the mental
agony of the arrested person in custodial investigation, where it observed that, whenever a person is arrested by the police without
a warrant, he must be informed immediately the grounds of his arrest. The Court held in this case that the nearest relative or a
friend of the arrested person should also be informed immediately about such an arrest.
In the case of Raghubir Singh v. State of Haryana [AIR 1974 SC 1516] - The Supreme Court put emphasis on the need to organise
special strategies to prevent and punish brutally of police methodology.
The term ‘torture’ in regard with the police custody implies the infliction of severe pain and suffering which may be physical,
mental, intentional etc. Sec. 23 of the Indian Police Act, 1861 provides the duties of the police officer which should be carried out
and enforced with vigilance and discretion by the police.
In the case of Gauri Shankar v. State of U.P [AIR 1990 SC 709], the Supreme Court observed the tendency of custodial torture and
use of third degree methods by the Police. The Court stated, “It is generally difficult in case of death in police custody to secure
evidence against policemen responsible for resorting to third degree methods since they are in-charge of police station records
which they do not find difficult to manipulate. It is only in few cases that some direct evidence is available.”
The Court in this case further held that the evidence on record conclusively proved that the death of the arrested person occurred
because of the third degree methods used by the Police.
In the case of Yusuf Ali v. State of Maharashtra [AIR 1968 SC 150]- The Supreme Court reiterated that if the accused is beaten or
tortured in any way during the course of investigation by the Police, it will be taken as a case of custodial torture.
In Niranjan Singh v. Prabhakar Rajaram [AIR 1980 SC 785]- The Court observed that while dealing with cases of custodial torture
in police stations, the police instead of becoming the protector of law, they have become engineer of terror which puts the victim
in fear.”
In the case of Kishore Singh v. State of Rajasthan [AIR 1981 SC 625]- The Supreme Court expressed its concern for the act of
police torture, which is observed as under-
“Nothing is more cowardly and unconsciously than a person in police custody being beaten up and nothing inflicts a deeper
wound on our constitutional culture than a State official running berserk regardless of human rights.”
The Apex Court has also laid down guidelines for arrest by police which are as under-
a. Arrests are not made in a routine manner. The officer making arrest must be able to justify its necessary on the basis of
some preliminary investigation.
b. An arrested person should be informed the grounds of his arrests and allowed to inform his friends or relatives about
the same. An entry in the police diary about the arrest and the persons who were informed about the arrest must be made
by the police officer at the police station.
c. The Magistrate concerned must satisfy that the above requirements have been complied with by the Police.

In the case of Prem Shankar Shukla v. Delhi Administration [AIR 1980 SC 1535]- The Court observed, “Handcuffing is prima
facie inhuman and therefore unreasonable, it is over-harsh and arbitrary. Absent fair procedure and objective monitoring to inflict
‘irons’ is to resort to zoological strategies repugnant to Art. 21 of the Constitution of India.”
Supreme Court’s Directives for avoidance of custodial crimes
The Apex Court has expressed its concern for custodial commission of crimes during investigation and interrogation and laid
down certain principles to be followed by concerned police officers in its historic decision in the case of D.K Basu v. State of West
Bengal [AIR 1997 SC 3017].
Following were the requirements which are to be followed in all the cases related to arrest or detention till legal provisions which
are made in that behalf to prevent custodial violence-
a. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible
and clear identification and name tags with their designations.
b. The police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be
attested by at least one witness who may either be a member of the family of the arrestee or a respectable person of the
locality from where the arrest is made.
c. A person who has been arrested or detained and being held in custody in police station or interrogation shall be entitled
to inform his friend or a person having interest in his welfare, that he has been arrested and is being detained at a
particular place, unless the attesting witness of the memo of arrest is himself such a friend or relative.
d. Time, place of arrest and venue of custody of an arrestee must be notified by the police.
e. The person arrested must be made aware of his right to have someone informed of his arrest and major or minor
injuries, if any, must also be recorded.
f. An entry must be made in the diary at the place of detention giving all details about friend and relative or person
informed.
g. The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in
custody.
h. Copies of all documents including the memo of arrest should be sent to the Magistrate for his record.
i. The arrestee may be allowed to meet his lawyer during interrogation.
j. A police control room should be provided at all District and State headquarters regarding arrest and the place of arrest
of the arrestee shall be communicated by the officer causing the arrest within 12 hours of effecting the arrest and this
should be displayed on a conspicuous notice board at the police control room.

The Court condemned the tortuous methods adopted by the police and observed,
“Torture has not been defined in the Constitution of India or any other penal laws. Torture of human beings by another human
being is essentially an instrument to impose the will of the ‘strong’ over ‘weak’ by suffering.”
As the custodial violence and torture involves serious breach of human rights, the Government of India has come out with the
protection of Human Rights Act, 1993 with a view to prevent human rights violations and combating torture cases. The
Commission has issued instructions and held meetings of District Magistrate and Superintendents from time to time to initiate
adequate measures to prevent custodial torture and protect the innocent people from the violation of their basic rights.
Modernisation of Police
The setting up of a Central Finger Print Bureau at Calcutta in 1956 and the Crime Record Bureau in the Central Bureau of
Investigation in 1964 for maintaining up-to-date date crimes and criminals at national and international level was indeed a
significant step in the process of modernization of police functioning in India.
In India, police and law and order come under the purview of State Governments. Accordingly, each State has its own police force
for maintaining law and order and investigating crimes. However, due to financial and other constraints, States have critical gaps
in their policing infrastructure.
A National Crime Record Bureau was set up in 1985 which maintains complete record of crime statistics throughout the country.
In its annual publication ‘Crime in India’, all important statistical information relating to crime and criminals, juveniles, police,
courts, prisons etc. is furnished for the guidance of the concerned departments.
The Bureau of Police Research and Development head-quartered in Delhi is actively involved in scientific research and
development of new technologies in police investigating methods. There are at present more than 200 forensic laboratories
functioning in India including eight central laboratories and 138 mobile units which function under different State Governments.
Police Community relationship
Robert Reiner stated that policing is an inherently conflict ridden enterprise. Police has a professional responsibility that demands
highest standard of conduct which is basically honesty, impartiality and integrity. The police are accountable to people and they
are duty bound to serve the society without misusing their power given to them.
“Accountability” here denotes an obligation or willingness to accept responsibility and account for one’s actions. In the sphere of
governance ‘accountability’ means that public officials have an obligation to explain their decisions and actions to citizens. It can
be achieved through different mechanisms such as- political, legal and administrative. A delicate balance must be struck between
control and the initiative of policemen.
It is a complex task of balancing control over the use of powers of police and the need for operational autonomy necessitates the
division of police functions into prevention, investigation and service provision. The police perform different functions and the
accountability required for each function is quite different.
The development of modern techniques has given new challenges before the Police. The law-breakers have become smart with the
advancement in the technology; they use different means and measures to commit offence. The use of computer system would
serve a useful purpose for boosting up the efficiency of the police.
The reason for failure of police to perform its duties promptly is the lack of public co-operation. People in general are reluctant to
help police as witness and assist the police in apprehending the offenders and the law-breakers. At times general public helps the
offenders to escape from detection and their conviction.
The major issue for the police after modernization in India is to inspire people to appreciate police values and to keep a check on
the activities of people after the introduction of modern technology. The general impression which people carry about police is
that they are rude, brutal, corrupt and lawless. It is important to brush away such kind of thinking from the minds of people to give
them a better police support and to develop their faith in police system.
National Police Commission
The Government of India appointed a National Police Commission on 15th November, 1977 under the Chairmanship of Mr.
Dharmavir. The terms of reference of the Commission were as under-
a. For redefining of the role of police and review its powers and responsibilities in the changed context as a machinery for
maintaining public order and prevention of crime.
b. Reviewing of the work of the police and suggest concrete measures for reform.
c. Suggested for remedial measures for elimination delays in investigation and prosecution of cases.
d. To examine the existing methods and sources of preparing crime.
e. To review the system of policing in non-rural areas.
f. To examine the scope of utilization of scientific devices in police work.
g. Paying special attention to the responsibility of police about the welfare of the society of people.
h. Exploring the areas of greater police public participation.
In the case of State of U.P v. Niyamat [AIR 1987 SC 1652]- The Apex Court in this case acknowledged the right of private
defence of the accused against illegal police arrest and observed, “Indiscriminate arrests by police not only sustain its anti-people
image but also cause unnecessary drain on Exchequer for such detention.”
Police Advisory Committee
An Advisory Committee at Police Commissioner’s level and at the State level has been constituted in different parts of India. Such
Committees are functioning successfully in the metropolitan cities such as Delhi, Mumbai, and Chennai etc. These Committees
consists of members belonging to all political parties. The members are free to express their views.
The Committee was established to deal with the issue of corruption in the police system this leads to the criminalisation of the
force. The Committee has recommended a serious enforcement of the code of conduct and effective procedures for removing
corrupt police officers.
It is not possible to organize police functions at hourly shift basis, police personnel should be given a weekly off. They must be
compulsorily required to go on earned leave every year.
It is important that investigation should be separated from law and order work. Each and every police station should be equipped
with ‘investigation kits’ and every sub-division should have a mobile forensic science laboratory.
Police leadership, through proper manpower and career planning, improved training, effective supervision and by inculcating a
sense of values amongst the members of the force, playsa significant role in encouraging specialisation, promoting professionalism
and increasing morale in the force. There is an urgent need to encourage specialisation in various aspects of policing.
It was further recommended that in every District, there should be a crime prevention cell which should be headed by officers who
have specialised in crime prevention work. To manage and deal with cybercrime in an effect manner, police capabilities in various
areas need to be developed. The entire classification and the powers of the police to investigate should be reviewed by the Law
Commission of India.
These Committees serve as an effective media to improve police and public relationship. The members bring to the notice of the
administration the important law and order issues of their areas. The police officials also can explain their difficulties in dealing
and handling crime related issues.
Media and police
Crime detection and investigation are primarily the functions of the police but it is rather difficult for the policemen to perform
these duties efficiently without public co-operation. The desirability for public participation in crime detection hardly needs to be
emphasised. It is important that police-pubic interface must be improved and this would help in disclosure of appropriate
information from the police to the public. This requires cooperation and mutual understanding between the police and public/ the
media. In a democratic society police and media perform vital roles with a common objective to serve the general public.
Nowadays police agencies are increasingly using Online Social Media to acquire intelligence and connect with citizens. With the
development and advancement in technologies, the police system has thought of strategies to use Online Social Media for policing.
Developing nations such as India are exploring and evolving with time the Social Media as a policing solution. In recent years,
India is experiencing many events where rumors and fake content on Social Media is instigating communal violence. However,
traditional media such as television and print media, which is used by Indian police departments, provides limited information.
Social Media offers velocity, variety, veracity and large volume of information.
It is important that police must act within the confines of the law. It is also essential that the media and the police must be aware of
legal boundaries. This would be useful in promoting understanding and awareness between the media and the police which for the
common interest of the public.
Article 19 of the Constitution of India, enshrines the right to freedom of speech and expression. It is important to understand that
right is not absolute in nature and it is subject to reasonable restriction which can to imposed to ensure the security of the State,
public order, and defamation.
In a democratic country the role of the police is to protect individual liberties and civil rights. They are to be charged with the
preservation of public order including crime prevention and detection and promotion of public health, safety and morals.
It is essential to promote good police-public relationship. It must be strengthened in order to bring public involvement and
cooperation in the functioning of the police. It helps and aids the understanding which further promotes improved communication,
returning to an increased understanding.
Discipline and lawlessness in India
Policing is one of the most important requirements of a peaceful coexistence of the society. It is a practice that is put in place to
maintain social order in the society. In general way it can be defined as installing ways to control crime in the community. It
concentrates on the maintenance of law and order and the prevention and detection of offences.
There are three ways of policing-

There is watchman which emphasizes maintaining order;

There is legalistic that emphasizes law enforcement and professionalism;

There is servicewhich focuses on the treatment of the individual.

Meaning of Ethics
It is essential to understand the meaning and importance of ethics while dealing with or explaining the discipline amongst Police.
The concept of ‘ethics’ was introduced by Socrates and it was defined as ‘philosophical discipline’ by Aristotle. Discipline tries to
set up criteria for “good” and “bad” behaviour, and to evaluate the motives for these behaviours and the consequences.
Ethics isalso known as moral philosophy and it is a branch of philosophy which is linked with the questions of right and wrong. It
involves making moral judgments about what is right or wrong, good or bad. Right and wrong are qualities or moral judgments we
assign to actions and conduct.
In police system it is must to follow ethics and discipline. It is essential to follow the code of conduct; otherwise it would lead to
anarchy and dictatorship. Every citizen is bound to follow rules and even police is subject to it.
When there is a violation of law, it is the duty of the police to apprehend the offenders and produce them before the court to be
dealt with the procedures established by law. Whenever violations of human rights by police are reported, it causes an overall
effect of loss of faith in the police as a protector and upholder of citizens’ rights.
Interpol
India has joined Interpol in 1949 and is one of the oldest members of Interpol. Criminality has become a global phenomenon in the
modern age of computer world. There is tremendous growth of transport and inter-communications has brought new issues and
challenges before the police, related to criminality.
The dangers of international crime have to be faced squarely by every country. Hence, it is essential that every country has its own
international agency to deal with the issues of international crime. This agency is known as ‘INTETPOL’ (International Criminal
Police Organisation). It was established to maintain the direct contact with the Police forces outside the ordinary channels of
diplomacy.
Interpol has assumed great importance in recent years due to rising incidence of drugs trafficking, gold smuggling, forgery of
passports and other important documents etc. The assistance of Interpol is invariably sought in making arrest of criminals involved
in hijacking of aircrafts.
The Central Bureau of Investigation (CBI) which is a Federal/Central investigating agency functioning under the Central
Government, Department of Personnel & Training is designated as the National Central Bureau of India. The Director of the
Central Bureau of Investigation is the ex-officio Head of the NCB-India. All matters relating to the NCB India are, however, dealt
with by the Ministry of Home Affairs, Government of India.
Interpol Wing of the C.B.I. which is the National Central Bureau for India endeavours to maintain close and continuous liaison
with various departments and police organisations within the country on one hand and with the General Secretariat of the ICPO-
Interpol and the foreign National Central Bureau on the other.
The activities of Interpol also include searching and chasing of international criminals; circulation of information regarding crimes
held at international platform, criminal gangs received from member police forces, assisting in arrest of international criminals and
making arrangements for keeping them under surveillance etc.
Following are the various goals and purpose of Interpol-
a. To ensure and promote assistance between all criminal police authorities within the limits of laws existing in different
countries and in the spirit of the Universal Declaration of Human Rights;
b. To establish and develop all institutions to contribute effectively to the prevention and suppression of ordinary crimes.

Interpol enables the police forces in various countries to co-ordinate their work effectively in the areas of law enforcement and
crime prevention. It refrains from indulging in any activity relating to cases which have a political, military and religion character.
International perspective of the Police
The issues of the police system have also been discussed at International Forums. The Second United Nations Congress on the
Prevention of Crime and Treatment of Offenders, London, 1960 discussed with the detail of Police Services for prevention of
delinquency. A number of programmes have been organised in Anglo-American countries for training of police related to
prevention of juvenile delinquency.
The various such programmes are- International Criminal Police Organisation, International Federation of Senior Police Officer
and International Association of Chiefs of Police have often made important suggestions related to police training.
An International Conference was also held on ‘urban police’ which was held at Rome in September, 1985. The Conferences was
conducted to discuss the issues related to handling of the problem of urban crimes and it also suggested measures for prevention of
urban delinquency. The problem of rural policing is to engage the attention even of developed countries like USA, UK, France etc.
Criminal justice system
It is the delivery of justice to those who have committed offences. The criminal justice system may be defined as a series of
Government agencies and institutions, which have their goals to identify the law breakers and unlawful individuals and to impose
punishment in them. It serves certain other purposes as well, such as prevention of crime, rehabilitation of law offenders, moral
support to victims etc.
The criminal justice system is complex part of society and it plays an important role in our lives. Every individual is responsible to
enforce rule of law
The primary institution of the criminal justice system are-

Police

Prosecution/ Defence Lawyer

Courts

Prisons

Malimath Committee Report on Police Functioning

In the year of 2004, the Government had appointed Malimath Committee to report on Police and Criminal Justice System in India.
Dr. V.S Malimath was the former Chief Justice of Karnataka and Kerala High Courts.
The Committee made a detail study and analysis of criminal justice system and it also gave recommendations related to
fundamental principles of justice, investigation, prosecution and functioning of offences against women, organised crime and
arrears in Court. The Committee were analysed by the Police administration in a National Level Seminar on police and criminal
justice system at the Punjab Police Academy Phillaur.
Recommendations
Following are some of the recommendations of the Malimath Committee related to develop a better Criminal Justice System in
India-

Courts and Judges

National Judicial Commission

Separate criminal division in higher Courts

Right to silence

Justice to the victims

Victim Compensation Fund

Appointment of Superintendent of Police

Addition of a new position

Offences classification

Substitution of death sentence

Central law for organized crime and terrorism

Periodic review

a. Courts and Judges

Committee made a suggestion that there must be more Judges in the Courts for speedy disposal of matters.

b. National Judicial Commission

It was recommended that the Constitution of a National Judicial Commission must deal with the appointment of Judges to the
Higher Courts.

c. Separate criminal division in higher Courts

Higher Courts must have a separate criminal division that shall consist Judges who are experts and specialised in criminal laws.

d. Right to silence

An amendment to Article 20(3) of the Constitution of India was recommended that would protect the accused and would give him
a right of being silent. The accused cannot be compelled to be a witness against himself in the Court.

e. Justice to the victims

The victims should be allowed to take part in the cases that involves serious crimes. They must also be awarded adequate
compensation. In case of death of the victim, his/ her legal representation shall have the right to be impleaded as a party in serious
crimes.

f. Victim Compensation Fund

It must be created under the victim compensation law and the assets confiscated from organised crimes can also be made part of
the fund.

g. Appointment of Superintendent of Police (SP)

SP must be appointed in each District to maintain crime data and an organisation of specialised squads to deal with organised
crime.

h. Addition of a new position

A new post must be created in every State, i.e. of Director of Prosecution to facilitate an effective co-ordination between the
investigating and prosecuting officers.

i. Offences classification

It should be changed to the social welfare code, correctional code, criminal code, and economic and other offences code instead of
the current classification of cognisable and non-cognisable.

j. Substitution of death sentence

Capital punishment must be substituted with imprisonment for life without commutation or remission.

k. Central law for organized crime and terrorism

Crime is a State subject; a central law must be enacted to deal with organised crime, federal crimes, and terrorism.

l. Periodic review

A Presidential Commission was recommended for a periodical review of the functioning of the Criminal Justice System.
Essentials of Criminal Justice system
It includes the institutions/ agencies which are established by the Government to control crime in India, it also
includes components like police and Courts.

Aim of criminal justice system is to protect the rights and personal liberty of individuals in the society.

There are various codified provision in India related to criminal law such as Indian Penal Code, Criminal Procedure
Code; Dowry Prohibition Act; etc.

The criminal justice system can impose penalties on those who violates the established laws; punishment to law
violators.

The criminal law and procedure is the matter of Concurrent List of 7th Schedule of the Constitution of India.

Objective of the Criminal Justice System

The essential object of criminal law is to protect society against criminals and law-breakers. For this purpose the law holds out
threats of punishments to prospective lawbreakers as well as attempts to make the actual offenders suffer the prescribed
punishments for their crimes.

Substantive criminal law

Procedural criminal law

Criminal law, in its wider sense, consists of both the substantive criminal law and the procedural criminal law.

Substantive criminal law defines offences and prescribes punishments for the same

Procedural law administers the substantive law

Two main statues which deals with administration of criminal cases in our country are-

Criminal Procedure Code and

Indian Penal Code

One deals with the procedural aspect and other deals with the substantive respectively. With the changing needs and time the
societal norms also change. People being the part of this society have to accept this change.
There was no criminal law in uncivilized society earlier. Every man was liable to be attacked in his person or property at any time
by any one. The person attacked either succumbed or over-powered his opponent. “A tooth for a tooth, an eye for an eye, a life for
a life” was the forerunner of crimi​nal justice in earlier times.
Rights of the arrested person
At the time of arrest

At the time of trial

In India accused have more rights as compared to victim:

a. Right to be informed of ground of arrest

Sec. 50(1) of the Criminal Procedure Code- Every police officer or other person arresting any person without warrant shall
forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
Article 22 of the Constitution of India also confers fundamental right on every arrested person to be informed the grounds of his
detention. The object was observed in the leading case of Madhu Limaye, AIR 1969 SC 1014- The rule was embodied under the
Constitution of India for safeguarding the personal liberty in all legal systems.

b. Obligation of person making arrest to inform about the arrest etc. to a nominated person
Sec. 50A of the Criminal Procedure Code- This is a new provision inserted by the Cr.P.C (Amendment) Act of 2005.
1. Every police officer or other person making any arrest under this Code shall forthwith give the information regarding
such arrest and place where as may be disclosed or nominated by the arrested person for the purpose of giving such
information.
2. The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the
police station.
3. An entry of the fact as to who has been informed of the arrest of such form as may be prescribed in this behalf by the
State Government.
4. It shall be the duty of the Magistrate before whom such arrested person produced, to satisfy himself that the
requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

Provisions of Sec. 50A are mandatory in nature, it means that the police officer is bound to inform about the arrest of the person to
his friend, parents, and relative or to some nominated person. The Magistrate must be satisfied that the provisions of the Section
has been complied with by the police officer.

c. Right to be informed of right to bail: Sec. 50(2) of Cr. P.C.

Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform
the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

d. Right to be produced before the Magistrate without delay

Sec. 56 of Cr. P.C. and Article 22(2) of the Constitution of India: Person arrested to be taken before Magistrate or officer in charge
of police station.
A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained
as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a
police station.In Khatri v. State of Bihar [AIR 1991 SC 928]- It was observed that this provision enables the Magistrate to keep
check over the investigation of police.

e. Right of not being detained for more than twenty-four hours

Sec. 76 of Cr. P.C, Person arrested to be brought before Court without delay.
The police officer or other person executing a warrant of arrest shall (subject to the provisions of Sec. 71 as to security) without
unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided
that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of
arrest to the Magistrate’s Court.

f. Right to consult lawyer

Article 22(1) of the Constitution of India confers on every person who is arrested, the right to consult a legal practitioner of his
own choice. The arrested person is also entitled to free legal aid if he is an indigent person (D.K Basu v. State of West
Bengal [AIR 1997 SC 610])

g. Right to be examined by the Doctor

Sec. 54 of the Code confers right on the arrested person to have medically examined to enable him to defend effectively.
Nandini Sathpathy v. P.L. Dani [AIR 1978 SC 1025]- In this case it was held that no one can forcibly extract statements from the
accused and that the accused has the right to keep silent during the course of interrogation (investigation).
Suk Das v. Union Territory of Arunachal Pradesh [AIR 1986 SC 991]-Wherein it was laid down that the constitutional rights
cannot be denied if the accused failed to apply for it. It is clear that unless refused, failure to provide free legal aid to an indigent
accused would vitiate the trial entailing setting aside of the conviction and sentence.
Plea Bargaining
Historical Background
The concept of ‘plea bargaining’ was originated in recent past. In 19th century, it was used in the American Judiciary. In 1969,
James Earl Ray pleaded guilty to assassinating Martin Luthar; to avoid execution sentence and he got punished for 99 years of
imprisonment. Most of the cases in America are not tried.
In the countries like England and Wales, Victoria, Australia, ‘plea bargaining’ was allowed only to the extent that the prosecutor
and defence can agree that the defendant will plead to some charges and prosecutor shall drop the remainder.
The European Nations are also legitimizing the concept of plea bargaining, however Scandinavian countries are against the
practice of plea bargaining.
Plea Bargaining and Criminal Jurisprudence
The introduction of the concept of plea bargaining is contained under Chapter XXIA of the Code of Criminal Procedure. Sec.
265A to 265L of Cr.P.C. deals with ‘plea bargaining’. Plea bargaining has a wide scope than pleading guilty for an offence. In plea
bargaining we can say that there is an implied conduct of pleading guilty.
Advantages

1. It helps the Court and State to manage the local case burden.
2. It reduces the work load of the prosecutors and enables them to prepare for the case by putting less efforts and to settle
petty issues through the method of plea bargaining.
3. It helps in reforming the offender by accepting the responsibility for their wrongful actions.
4. The prosecution will get a chance to find the accused as guilty, by cooperating with the accused for a plea bargaining.
Disadvantages

a. The prosecution has the power to present accused with unconscionable pressure.
b. The procedure pleas as voluntary, but there are chances of being coerced.
c. The more likely is an acquittal at trial, the more attractive a guilty plea is to the prosecution.
d. The defense lawyers who represent accused do not have the resources to independently investigate every case.

Express and implicit bargaining

There are two kinds of plea bargaining as mentioned in the International Jurisprudence-

Express plea bargaining

Implicit plea bargaining

Express Plea Bargaining
It occurs when an accused or his lawyer negotiates directly with a prosecutor or with the trial Judge concerning with the benefits
which may follow the entry of a plea of guilty.
Implicit Plea Bargaining
It occurs without any face to face negotiations. In this the trial Judge, establishes a pattern of treating the accused who plead guilty
more leniently than those who exercise the right to trial, and the accused therefore come to expect that the entry of guilty pleas
will be rewarded.
Plea Bargaining under Cr.P.C
The system of plea bargaining was introduced as a result of criminal law reforms which was introduced in the Criminal Law
(Amendment) Act, 2005. Sec. 4 of the Amendment Act introduced Chapter XXIA to the Code having Sections 265A to 265L. The
Act was passed on 11th January, 2006 and the provision came into effect from 5th July, 2006.
Benefit of plea bargaining can be extended in two circumstances-

If a report is forwarded by a Station House Officer of a police station after the completion of investigation to the
Magistrate.

If the Magistrate has taken cognizance of an offence on a complaint under Sec. 190, followed by examination of a
complainant and witnesses under Sec. 200 or Sec. 202 and issuance of process under Sec. 204.

Procedure of plea bargaining

According to Sec. 265B the process of plea bargaining starts with an application from accused. The application is to be filed before
the trial Court only. The application must be in writing, with brief explanation of facts of the case supported with an affidavit
sworn by the accused affirming the genuineness of application as voluntarily submitted Sec. 265A(2) of the code gives power to
notify offences to the Central Government.
The trial Court has to issue notice to the prosecution and also to the accused intimating the date of hearing of application. While
appearing before the Court, the examination of the accused shall be done in-camera. If after examination of the accused, the Court
feels that the accused is not eligible for plea bargaining then the Court drops the proceedings.
Human Rights and administration of criminal justice
Criminal justice System of any country is the basis of establishing peace and tranquillity which not only includes judicial system
but investigating machinery also. Administration of justice is an essential component of governance, rule of law is the base of
democracy, which is considered as the best system of governance to ensure respect for human rights in every Nation.
Constitutional governance in a democratic set up is the safest guarantee for the protection of human rights in a country. Equal
respect for the rights of all sections of the society is necessary to obtain full human resource development respecting the basic
human right of non-discrimination.
Preamble of the Constitution of India ensures to secure human rights and provide- justice, social, economic and political; liberty of
thought, expression, belief, faith and worship. It also ensures the equality of status and opportunity and to promote among them all
and fraternity assuring the dignity of the individual and the unity and integrity of the Nation.
The administration of criminal justice is composed of various components such as police, prosecution, defence, Courts and
correctional institutions. In India, as also followed in many other Countries, a person who is innocent can plead guilty. This is
called as an adversarial system as opposed to an inquisitorial system.
The adversarial system presumes that the best way to get the truth is to have an adversary system which presumes the best way to
get the truth is to have a contest between two sides, the State or the prosecution and the defence.
In inquisitorial system, the accused is presumed guilty and is supposed to prove his/ her innocence. This involved ascertaining the
guilty by ordeal or through trial by battle.
The criminal law and procedure in India is based on the English law of crime which is suited to the changing needs of the Indian
society and its tradition. ‘Justice to Common men’ is the primary objective of the legal mechanism of India. But in the present
situation the common men have no hope of getting justice. The unspoken law of delays in Indian Courts is the main roadblock in
the way of distributive justice.
The Supreme Court has also stated that the Constitution’s procedural guarantees the protection of human rights by requiring the
Police to follow detailed guidelines for arrest and interrogation. It further guarantees the right to counsel of the defendant’s choice,
and the legal assistance must be provided to indigent defendants at government expense, a right that attaches at the first appearance
before a Magistrate (D.K Basu v. State of West Bengal [AIR 1997 SC 3017]).
In the case of Pathumma v. State of Kerala [AIR 1978 SC 771],the Supreme Court of India has interpreted that the fundamental
rights guarantees expansively. The Constitution of India protects ‘equality before the law’ and ‘equal protection of the laws’ under
provisions which embody a broad guarantee against arbitrary or irrational state action more generally.
In the case of Maneka Gandhi v. Union of India [AIR 1978 SC 597],the Supreme Court observed and stated that the Constitution
of India, does prohibit deprivation of life or personal liberty from any person except according to ‘procedure established by law,’
and the Supreme Court has broadly interpreted this guarantee to encompass a range of procedural and substantive rights that
approximate the concept of ‘due process’.

List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit V - Correctional Institution and Crime Prevention

Course Outline of Unit V: Correctional Institution and Crime Prevention

This Unit contains discussion on following topics :
Probation and Parole: Origin - Salient Features of Probation of Offenders Act, 1958 - Parole - Parole Regulations - Parole
Recommendations.
Prison: Prison System in India - Problems of Prisoners - Organised Setup - Prison Discipline - Prison Labour - Prison Education
- Open Prison - The Prison Community - Prison Reform in India - Dr. Wreckless Committee Report - International Perspective.
Crime Prevention: Theories of Punishment - Kinds of Punishment - Recidivism - Various forms of Recidivist - Prevention of
Crime and Delinquency.

Disclaimer: This subject content as provided under AIR Online Education Support Suite is only Study (Reference) Material for
supplementing your Academic Classroom (Text Book) Learning. These are not Text Books on the Law Subjects.

Probation of Offenders
Introduction
The problems of easing pressure on prisoners have been engaging the attention of penologist throughout world. Probation is one of
the measures that Court may adopt to improve form of non-custodial alternative. This correctional device is increasingly used by
Magistrates nowadays.
The old custodial measure presents two major problems-

It increases the dependence of offender; and

It decreases his capacity to readjust to normal society after release

Conformity with the strict prison discipline has no guarantee that the prisoner has transformed into a law abiding citizen. It also
amounts to loss of job, separation from the family and other adverse consequences.
Reformative treatment measure is the form of guidance and supervision has proved effective in meeting the needs of the
delinquents for their rehabilitation. Probation of offenders has been widely accepted as one of the non-institutional methods to deal
with corrigible offenders, especially while dealing with young and first offenders.
This aims at rehabilitation of offenders by returning them to society during a period of supervision rather than by sending them
into the unnatural and socially unhealthy environment of prison.
Origin of the Probation System
The origin and history of probation can be traced back to the medieval concept of ‘benefit of clergy’ which was prevailing in
England and America and till the middle of the 19th Century. The privilege of ‘benefit of clergy’ permitted clergy and other
literates to escape the severity of the criminal law.
During early times harsh punishments were imposed on adults and children were treated alike for offenses that were not always of
a serious nature. Punishments and sentences such as branding, flogging, mutilation, and execution were common. During the rule
of King Henry VIII not less than 200 crimes were punishable by death, many of which were minor offenses.
This led to discontent in certain progressive segments of English society that were concerned with the evolution of the justice
system. Slowly in an effort to mitigate these inhumane punishments, a variety of measures were devised and adopted. Methods
such as benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment of
harsh sentences. The Courts began the practice of “binding over for good behaviour” a form of temporary release during which
offenders could take measures to secure pardons or lesser sentences. Controversially, certain Courts began suspending sentences.
Probation in U.S.A
John Augustus, the “Father of Probation” is recognized as the first true probation officer. Augustus was born in Woburn,
Massachusetts in 1785. By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business. It
was undoubtedly his membership in the Washington Total Abstinence Society that led him to the Boston Courts.
John Augustus of Boston in 1841 volunteered to stand bail for a person who was charged with drunkenness in a local Court. He
noticed that the defendant was showing some signs of reform. John Augustus started standing for bail for more number of
offenders and he took it as his duty of helping and supervising them. He also started helping women and children in their
rehabilitation, he was careful while helping offender and used to help only those whom he found to be genuine and willing to
change.
The Juvenile Court movement contributed greatly to the development of probation as a legally-recognized method of dealing with
offenders. The first Juvenile Court was established in Chicago in 1899. Formalization of the intake process is credited to the
founders of the Illinois Juvenile Court. Soon after, 30 states introduced probation as a part of the juvenile Court procedure.
Later, Father Cook of Boston took keen interest in the rehabilitation of young offenders; he drew the attention of the Court to the
fact that these offenders were mostly the victims of their circumstances. He volunteered and associated himself with the criminal
Courts of Boston to advise the Judges in the matter of juvenile trials.
In USA particularly in Massachusetts, different practices were being developed. “Security for good behaviour” also known as
“good aberrance,” was much like modern bail: the accused paid a fee as collateral for good behaviour. Filing was also practiced in
cases that did not demand an immediate sentence. However, these American practices were precursors to probation; it is the early
use of recognizance and suspended sentence that are directly related to modern probation.
In some of the American States probation is being used extensively for all offenders except recidivists who are excluded from the
scope of probation law.
Under the American Probation Law, the benefit of release on probation extends to the following offences-
a. Crimes of violence
b. Crimes involving use of deadly weapons
c. Sexual offences
d. Crime against the Government or treason
e. Offences for which specific mandatory punishment is provided
f. Recidivists

Probation in European Countries

Probation as a measure of treatment of delinquent is practiced in several other countries; it has been extensively used as an
effective measure. In France, Germany and Russia, probation has been adopted as a measure of social defence.
In Austria, probation remedies are compulsory for offenders under 18 years of age. Greece accepted probation as a correctional
measure in 1951. Same system was adopted in Ireland, Italy, Netherlands and Switzerland.
Probation in India
Probation is used as an institutional method of treatment which is necessary of the concept of crime. The objective of the
institutional treatment of probation is to correct the effects of the causative factors of criminality in the controlled atmosphere of
probationary supervision, utilising the helpful factors, his behaviour and family situations etc.
The probation law in India provides that judicial power should be solely vested in the judiciary. The reason is that if the power of
probation is delegated to extra-judicial agencies which lack judicial techniques, it would create serious problems at these agencies
which will be guided by their own value considerations.
Historical perspective of probation law in India
In India, probation received statutory recognition for the first time in 1898 through Sec. 562 of the Code of Criminal Procedure,
1898 [New Sec. 360 of CrPC, 1973]. Under this provision the first offender under the Indian Penal Code is punishable for
maximum two years of imprisonment and could be released on probation of good conduct at the discretion of the Court.
Later the Children Act, 1908, empowered the Court to release certain offenders on probation of good conduct. Now that Act has
been repealed and Juvenile Justice Act was passed in the year 1986 which has been amended several times to meet the changing
scenario.
The Government of India in 1931 prepared a draft of Probation of Offenders Bill and circulated it to the Provincial Government for
views. The Bill could not be preceded further due to pre-occupation of the Provincial Governments. In 1934, the Government of
India informed the local Governments that there were no prospects of a central legislation being enacted on probation and they
were free to enact suitable laws on the lines of the draft Bill.
After the independence of India, certain important steps were taken to popularise probation as a correctional measure of treatment
of offenders. On the advice of Dr. Walter Reckless, a Probation Conference was held in Bombay in 1952.This was a milestone in
the progress of probation law in India. Dr. Walter Reckless addressed the Conference as a U.N. technical expert and gave valuable
suggestions on Prison Administration in India. All India Jail Manual Committee was formed to review the working of Indian jails
and suggest measures for reform in the system.
The Probation of Offenders Act, 1958
The Act contains provisions related to probation of offenders which are made applicable throughout the country. The Act provides
the four modes of handling the young offenders based on the following conditions-
a. Release after admonition;
b. Release on entering a bond on probation of good conduct with or without the supervision and payment by the offender
the compensation and costs to the victim;
c. Persons under the age of 21 years are not to be sentenced to imprisonment unless the Court calls for a report from the
probation officer or records reasons to the contrary in writing;
d. The person released on probation does not suffer a disqualification attached to a conviction under any other law.

Provisions of the Probation of Offenders Act are not limited to juveniles alone, it extends to adults also. It is not confined to the
offences committed under the Indian Penal Code but also applies and extends to offences which are committed under Prevention of
Corruption Act, Narcotics Drugs Act etc.
Release on Probation
Sec. 4 of the Actdeals with the power of the Court to release certain offenders on probation of good conduct. According to Sec. 4,
if any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by
which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the
offence and the character of the offender.
In the case of Dasappa v. State of Mysore [AIR 1965 Mys. 224] it is laid down as follows-
“It is only when the Court forms an opinion that the offender in a given case should be released on probation of good conduct that
it has to act as provided by Sec. 4 of the Act . It was for the accused to have placed all the necessary material before the Court
which could have enabled it to consider that the first accused was an offender to whom the benefit of Sec. 4 would be extended.”
It is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time
being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a
bond, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct and
in the meantime to keep the peace and be of good behaviour.
Sec. 11 of the Act widens the scope of probation by inserting an enabling provision regarding the competence of the Courts to
make order under the Act in appeal and revision and powers of the appellate and revisional Courts in this regard.
Concept and definition of ‘Probation’
Releasing the offenders on probation is a treatment device which is prescribed by the Court for persons who are convicted of
offences against the law, during which the probationer lives in the community and regulates his own life under conditions imposed
by the Court or other constituted authority and is subject to supervision by the probation officer.
The term ‘probation’ is derived from the Latin word ‘probare’ this refers ‘to test’ or ‘to prove’. Homer suggested that probation is
a matter of discipline and treatment. He further stated that if probationers are carefully chosen and work is supervised with care
and performed with caution then it would do miracles in the field of rehabilitation of the offender.
Webster dictionary meaning of Probation is the act of proving, proof, any proceeding designed to ascertain character. Thus
probation means a period of proving or trial. The offender has to prove that he is worthy of probation.
Meaning of Probation
‘Probation’ “is a procedure which a convicted person is
released by the Court without imprisonment and is subject
According to Don M. Gotfriedson to conditions imposed by the Court. Thus probation is part
of the decision-making process of Judges at the time of
sentencing.”
Probation can be defined as the postponement of final judgment
or sentence in a criminal case which gives the offender an
According to Donald Taft
opportunity to improve his conduct and to readjust himself to
the community, often a condition is imposed by the Court.
“Probation is a status of a convicted offender during the period
of suspension of his sentence in which he is given liberty
Constitutional View Point
conditioned on good behaviour and the State helps him in such
an instance of good behaviour.”
Probation in simple words can be defined as a treatment reaction to law-breaking and an attempt to mitigate the rigours of the
offender rather than making him suffer incarceration in the prison institution.
According to some Scholars, ‘probation’ ‘is a method of dealing with specially selected offenders and consists of conditional
suspension of punishment while the offender is placed under the personal supervision and is given individualised treatment’.
Probation is a conditional release of an offender who is under supervision. There are two methods to use ‘supervision’ which is
before and after custody. If it is applied to an offender before custody then it is known as ‘probation’ and if it is applied after
custody then it is known as ‘parole’.
Probation involves conditional suspension of punishment. An offender may be released on probation either after the sentence is
passed in his case or without passing of a sentence. In the former case, the sentence is suspended and delinquent is placed under
probation while in the latter one, the offender is put under probation without any sentence being passed on him.
The offender in the following conditions be released on probation after the suspension of his sentence, which are as under-
a. His case may be considered as really hopeful when judicial leniency is expedient;
b. Probation may be intended to serve a positive role as a method of guidance, assistance and supervision of the
probationer so that he may rehabilitate himself for the normal law abiding life.

According to Howard Jones, the following conditions must be fulfilled before allowing the benefits of release on probations to an
accused person-
i. No punishment should be imposed initially;
ii. The offender should be given a definite period to redeem himself;
iii. Delinquent during this period should be placed under supervision of a probation officer for two reasons-

To keep the Court informed about his progress;

To help him to make the best use of the opportunity given to him.

iv. If the offender responds positively, his initial offence should be deemed to have been scrapped but if he fails to do so,
then he may be brought back to the Court and sentenced for the original crime as also for any other crime which he might
have confirmed.

Object of probation
The main purpose of this is to reclaim back the young and first offenders to orderly society who have for certain reasons fell into
bad company. The aim of the Act is to provide for the release of offenders on probation or after due admonition and for matters
connected therewith.
a. Object of probation is to bring law breakers and anti-social persons into willing cooperation with the community of
which he is a member , thus giving him security which he needs and society protection against his attacks on person or
property.
b. The function of probation is to effect improvement in character of the offender and permanent rehabilitation and
reformation of the offender.
c. Probation involves moulding of the individual’s habits in more constructive way.
d. It’s a substitute to imprisonment .Punishment will not serve the purpose in all cases of offenders.
e. The object is that an accused person who is convicted of a crime should be given a chance of reformation which he
 would lose by being incarcerated by prison.

Ramji Missar v. State of Bihar [AIR 1963 SC 1088]

The Supreme Court pointed out the object of probation, as to stop conversion of youthful offenders into stubborn offenders as a
result of their association with hardened criminals of mature age in case of youthful offenders are sentenced to undergo
imprisonment in jail. Modern criminal jurisprudence recognises that nobody is a born criminal and that a good many crimes are the
result of socio-economic milieu. The Probation of Offenders Act gives statutory recognition to all the mentioned objectives.
The Act recognizes the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the
offenders can be reformed and rehabilitated in society.It is important to note that the Probation Act is not meant for hardened and
habitual offenders who are beyond redemption and are incorrigible.
The reason for the enactment of the Probation of Offenders Act is that there are no separate probation laws in several States. Even
in States where there are probation laws, they are not uniform nor they adequate to meet the present requirements.
With the change in time there has been an increasing emphasis on the reform and rehabilitation of the offenders as a useful and
self-reliant member of society without subjecting him to the deleterious effects of jail life. The Government of India proposed to
have a Central law on the issue which should be uniformly applicable to all the States.
Judicial Trends-Important Case Laws
The role of Courts in bringing about rehabilitation of offenders need not be over-emphasised. The final verdict as to whether an
offender deserves to be admitted to the benefit of release on probation or not, lies with the Court. The decision as regards the
release of an offender on probation is to be taken only after his guilt is proved. Probationary disposition being a post-conviction
process depends largely upon the probability of the offender to reform oneself.
According to Mr. Justice K. Sadashivan of the High Court of Kerala while addressing the National Conference on Probation in
October, 1971. He stated that the need of Judges and the Magistrate to be solicitous to implement the penal reforms envisaged by
the law of probation which is a correctional measure.
In the case of Kamaroonissa v. State of Maharashtra [AIR 1968 Goa 103]- The Supreme Court confirmed the sentence of accused,
a girl below the age of 21 years who was convicted for theft and observed that it was not desirable to admit her to the benefit of
probation.
In the case of Sunna v. State [AIR 1967 Orissa 4]- The accused aged 21 years was found guilty of an offence under Sec. 380 of
IPC for committing theft of a bicycle and some clothes. The Court ordered his release after admonition under Sec. 3 of the
Probation of Offender Act, because there was no previous conviction of the accused and the theft was committed due to sudden
temptation without any premeditation.
In the case of Ranjit Singh v.The State [AIR 1963 Pat. 262]- The Patna High Court awarded a sentence of 6 years of simple
imprisonment and fine of Rs. 1,000 to the accused for the offence of forgery under Sec. 467/ 468/ 471 and 420 of the Indian Penal
Code. Denying the benefits of release on probation to the accused the Court observed that the case deserved no compassion
keeping in view the nature and gravity of the offence and the standing of accused as a pleader having a lucrative practice.
In the case of Sanchu Ray v. State of Assam [1987 Cr. LJ 1378] - The accused was of 19 years of age approx. and he had no
previous criminal antecedents. He was sentenced to one year’s rigorous imprisonment. Keeping in mind the fact that the accused
was of a tender age and the offence was committed 10 years ago, the Supreme Court directed him to be released on probation,
considering his good conduct.

Parole
Introduction
Over-crowding in prisons and increasing prison torture in utter disregard of the Standard Minimum Rules for the treatment of
prisoners approved by the U.N Congress on Treatment of Offenders held in Geneva in 1955 is a serious cause of concern for those
who believe in correctional penology philosophy. In the subsequent U.N. Congress held in London in 1960 it was stated that it
should be customary that prisoners should spend later part of their sentences on parole or in open institution where they can live
with their families.
Release of prisoners on parole is a reformative and rehabilitative measure which seeks to protect society and assist the prisoner in
re-adjusting himself to a normal free-life in the community. Parole is an individualized method of treatment of offenders who
respond favourably to the disciplined life inside the prison.
Definition of Parole
The release from a penal or reformative institution, of an
offender who remains under the control of correctional
According to Prof. Gillin
authorities, in an attempt to find out whether he is fit to live
in the free society without supervision.
Parole is a release from prison after part of the sentence has
been served, the prisoner still remaining in custody and under
According to Donald Taft
stated conditions until discharged and liable to return to the
institution for violation of any of these conditions.
 Parole is defined as the early release, under certain conditions,
of a convicted offender from custody. Individuals who are
placed on parole are subjected to the supervision of a parole
Penal Reform International
officer and must adhere to conditions imposed by the custodial
authorities. The length of the parole period is generally
established by law or by a court on the basis of law.
Types of Parole
Following are the types of Parole-

A. Conditional release

It is the type of parole which is given to the offender allotting some conditions. Conditional release are of two types:

Full Parole

Full Parole is a form of conditional release that allows an offender to serve part of a prison sentence in the community. The
offender is placed under supervision and is required to abide by conditions designed to reduce the risk of re- offending, and to
foster reintegration of the inmate into the community.

Day Parole

Day Parole provides offenders with the opportunity to participate in on- going community-based activities. Offenders are also
granted day parole in order to prepare for full parole and statutory release.

B. Statutory Release

Statutory Release requires for sentenced offenders to serve the final third of their sentence in the community, under supervision
and under conditions of release similar to those imposed on offenders released on full parole. Offenders serving life or
indeterminate sentences are not eligible.

C. Release on Expiry of Sentence

Release on expiry of sentence is not a conditional release. It is the full release which is required when someone has served the
entire sentence. It applies to offenders who were considered too dangerous to return to the community under statutory release
Concept of Parole
The release of prisoners on parole is one of the most important but at the same time it is a controversial devices for reducing
pressure on prison institutions. It is believed that a prisoner who is released from a prison institution is dangerous for society.
According to Sir Robert Cross, parole is the release of very long term prisoner from a penal or correctional institution after he has
served a part of his sentence under the continuous custody of the State and under conditions that permit his incarceration in the
event of misbehaviour.
Prof. Sutherland considers parole as the liberation of an inmate from prison or a correctional institution on condition that his
original penalty shall revive if those conditions of liberation are violated. The conditional release from prison under parole may
begin any time after the inmate has completed at least one-third of the total term of his sentence but before his final discharge.
Parole is a concept known to military law and denotes release of prisoner of war on promise to return. Parole has become an
integral part of the Anglo-American criminal justice system, evolution of changing attitudes of the society towards crime and
criminals.
All fixed term sentences of imprisonment above 18 months are subject to release on licence. Parole is an act of grace and not as a
matter of right and the convict prisoner may be released on condition that he abides the promise. It is a provisional release from
confinement but is deemed to be a part of the imprisonment. The release on parole does not change the status of the prisoner.
Comparison between Parole and Probation
Probation Parole
The system of probation owes its origin to John Augustus of The Parole came into existence around 1900 which was much
Boston which was around 1841. later than probation.
It is granted to a prisoner when he has already lived in prisons or
It is merely the suspension of sentence and is granted as a
a similar institution for a certain period of time and has shown
substitute for punishment.
good behavior.
Parolee is considered to be in custody undergoing both
A probationer is considered as a treatment when the person is
punishment and treatment while under threat of more severe
under threat of being punished if he violates the conditions of
punishment, return to the institution from which he has been
probation.
released.
It is the first stage of correctional scheme. It is the last stage of correctional scheme.
There is no stigma or disqualification attached to an offender A prisoner released on parole suffers stigmatization as a
who is released on probation of good conduct. convicted criminal in the society.
Origin of Parole
U.S.A.
It can be traced back to the earlier system of prisoners which meant removal of prisoners and handing them over to the employers
for work and supervision on condition of being returned back to prison if they did not behave properly.
By the end of the 18th century many Prison Aid Societies were formed to assist and help the ex-convicts in their rehabilitation in
the society. By 1940s similar functions were assumed by the Federal States. The idea gained momentum through successful
working of the system of parole in England. This system was adopted by other States in America. After passing of Parole Reforms
Act, 1977, a uniform system of parole has been implemented throughout the country.
The British Parole system
The failure of British system of penal transportation and its unsatisfactory consequences led to the origin of parole in England. The
abolition of the system of transportation of prisoners as a penal resulted into overcrowding of British prisons.
A new method known as ‘Ticket on Leave’ was introduced in the later decades of 18th century as a measure for reducing the
prison population. The system did not yield good results because prisoners were discharged from prisons merely on surety for good
behaviour without being prepared and trained for a disciplined life in the community.
The British Parole system admits the following categories of persons for parole-
a. People who are convicted for serious offences for which sentence exceed 3 years, in such cases the parolee must be
report to the police every month during period of parole.
b. Ones’ who are habitual offenders and sentenced under the preventive detention laws.
c. Juvenile delinquents who are institutionalised in rehabilitation centres.

Parole in India
Prison reforms in India did not emerge out of social movement but were necessarily an outcome of the worst conditions of
treatment faced by the political sufferers in prison during the period of their imprisonment. In India, the grant of Parole is largely
governed by the rules made under the Prison Act, 1894 and Prisoner Act, 1900. Each of the States has its own parole rules, which
have minor variations with each other. There are two types of parole-custody and regular.
The custody parole is granted in emergency circumstances like death in the family, serious illness or marriage in the family. It is
limited to a time span of six hours during which the prisoner is escorted to the place of visit and return therefrom.The grant of
parole is subject to verification of the circumstances from the concerned police station and is granted by the Superintendent of Jail.
Post-independence era in India brought in its wake a growing realisation of the need of change in attitude towards the treatment of
offenders. The institutions such as parole and open air camps occupy a significant place in correctional treatment of offenders as
they are directed towards narrowing down the gap between the prison life and the free life outside the world.
Structure of Parole Board and its functions
The Parole Board consists of parole administration that is from the respectable members of the society. Members of the Parole
Board takes administrative decisions on paroling out prisoners while acting as such, they are performing a quasi-judicial function.
Other important function assigned to the parole personnel is to prepare a case history of parolees and to help and advise them in the
process of rehabilitation. Apart from the Parole Board there is also a set of field workers who works outside the prison. They keep
a close supervision over parolees and report the cases to parole authorities.
Conditions of Parole
Following are the essential condition on which parole’s success depends; those factors are as under-
a. Family conditions of the offender upon which failure and success of parole is based.
b. The offender is the first offender or a habitual offender; good parolees get released soon and get adjusted in the society
easily after being released from the parole.
c. Social status of the offender also plays an important role in the success of the parole. Generally offender who has higher
social status and is educated show better results and behave decent after parole.
d. Parole should be administered only to those prisoners who have displayed an interest or inclination for good behaviour
and shows respect towards law and justice.

Essentials of an ideal parole system

Reformation of the parole through surveillance and assistance is the foremost object of parole. Excessive supervision over parolees
without proper guidance would virtually mean that the parole authorities are performing the police functions of keeping a close
watch on the prisoner under threat of punishment taking it for granted that the later would definitely repeat the crime if not kept
under surveillance.
The essential requisites of an ideal parole system may briefly be summarised as under-
i. Emphasis must be on supervision as well as guidance and assistance to parolees so as to make the system useful to the
society.
ii. The parolees must be prepared for parole administration.
 iii. The parolees must be assured an honourable employment and favourable surroundings at the time of their release on
parole.
iv. The parolees have to be rehabilitated within the society through society various social agencies, it is desirable that the
parole authorities should seek active co-operation of the public in this task.
v. Parole Boards should be completely free from political pressures and only persons of proven ability and integrity should
be inducted in these Boards.
vi. The staff associated with parole agency should also be whole-time workers.

The object of parole

1. To enable the inmate to maintain continuity with his family life and deal with family members.
2. To save the inmates from the evil effects of continuous prison life;
3. To enable the inmate to retain self-confidence and active interest in life (BhikhabhaiDevshi v. State of Gujarat [AIR
1987 Guj. 136])
4. To conserve government resources, reduce cost and reduce overcrowding in the prison system; to increase ‘rotation’ of
the prison population;
5. To reintegrate convicted offenders into society by providing supervision and treatment service;
6. To preserve community safety by supervising convicted offenders
7. To control the behaviour of inmates who are in custody by offering parole for good behaviour
8. To encourage positive behaviour of convicted persons while they are serving sentences that deprive them from the
liberty.

Merits and Demerits of Parole

Merits of Parole Demerits of Parole

It creates hopes among other prisoners.
Once you have been released on parole, there is the
opinion of the society is liberal.
Securing family life of the parolee.
It eradicate over burden of the jails.
It is also economical to the State. The cost of
expenditure of parolee also decreases.
If any negligence in the selection of the parolee, it
results in serious consequences.
Parole Board is bound to act on the aid and advice of
the jail authority.
It is not necessary that the prisoners who are
maintaining their good conduct in the prisons will
maintain their good conduct in the society.
Political interference.

It creates threats on the mind of the parolee to Ill-treatment and doubtful behaviour by the society
maintain good conduct in the society. makes him impediment in his character development.

Judicial Trends
In India, the Courts have favoured the view that the prisoners who have kept in prison without trial for a long period of time. They
must be released on parole and must be allowed to maintain unity in the family. Following are some of the important judgments
which would support the stated contention-
Babulal Das v. State of West Bengal [AIR 1975 SC 606]
In this case Justice Krishna Iyer of the Supreme Court observed-
“It is fair that person kept incarcerated and embittered without trial should be given some chance to reform themselves by
reasonable recourse to parole power under Sec. 15 of the Maintenance of Internal Security Act, 1971.”
Samir Chatterjee v. State of West Bengal [AIR 1975 SC 1165]
In this case the Supreme Court set aside the order of the Calcutta High Court releasing on parole a person who was detained under
Sec. 3(1) of Maintenance of Internal Security Act, 1971 and disfavoured the observation that long term preventive detention can be
self-defeating and criminally counter-productive.
GurdeepBagga v. Delhi Administration [1987 Cr. LJ 1419]
A petition by life convict for parole on ground of illness of mother was rejected by the High Court on the ground of illness of
mother was rejected by the High Court on the ground that the petitioner was earlier continuously on parole for more than two
years and had two elder sister to look after the ailing mother. The Supreme Court, however, took a lenient view and recommended
annual leave for life convict to maintain unity of family.
Veerumchanni Raghvendra Rao v. State of Andhra Pradesh [1985 Cr. LJ 1009]
The Supreme Court ruled that release on parole and suspension of sentence during pendency of appeal in Supreme Court is liable
to stuck down being ultra vires the statutory powers of State Government. The Andhra Pradesh Parole Rules, 1981 and Andhra
Pradesh Prison Rules, 1979 were struck down in this case being inconsistent with Sec. 432(5) read with Sec. 389 of the Code of
Criminal Procedure, 1973.

The prison administration

Introduction
Prisonisation symbolises a system of punishment and also a sort of institutional placement of under trials and suspects during the
time of trial. As it is impossible to have a society without criminals, the institution of prison is indispensable for every country.
The imprisonment system represents a curious combination of different objectives of punishment. Prison system may be used to
deter the accused of an offence or may be used as a method of retribution by punishing the offender and making his life miserable.
The origin of prison is linked with the system of imprisonment which is originated during early 19th century. Prisons were used as
detention house for under trials. With the passage of time, advancement of knowledge and civilisation, the conditions of the
prisons have improved significantly. The modern techniques of punishment lay greater emphasis on reformation, correction and
rehabilitation of criminals.
In India, the modern prison system is based on the British model period which is an outcome of prison development in America
during the late 18th century. The evolution of prison system was started from America, Britain, Russia etc. and later it was
introduced in India.
The American Prison System
The medieval period in history of American colonies witnessed an era of barbarism and deterrent punishment for criminals. The
offenders were tortured and were treated brutally. Minor offenders were also punished and tortured mercilessly. The life of the
prisoners during that period was very difficult and they were treated inhumanly.
To resolve such barbarous method of treating the prisoners which eventually led to the passing of famous Penn’s Charter of 1862.
The purpose of the Charter was to put an end to brutal methods of punishment on humanitarian grounds and bring out reforms in
prison administration.
Following were the basic objectives contained in the Charter:
a. The practice of releasing prisoners on bail must be introduced;
b. Compensation should be allowed to persons who were wrongfully imprisoned and this amount should be double the
amount actually suffered by the victim of the Offender’s Act;
c. Prisoners should be allowed the choice of their food and lodging to a certain extent;
d. The system of Pillory which means punishing the offender in public places should be abolished.

The Quaker’s Movement of 1775 led to remodelling of prisons on a new pattern. The prisoners were classified into two main
categories-
i. Incorrigible or hardened criminals- The prisoners were subject to solitary confinement in cells without any labour.
ii. Corrigible or ordinary criminals who were capable of reformation- These prisoners were lodged together in rooms and
were put to work during day time.

The British Prison System

In England also the prisoners were treated brutally and punishments were barbarous in nature. John Howard in his book titled
‘The State of Prisons’ described and highlighted the awful conditions of British Prisons during the period of 18th century.
Prisoners in England and Wales are enduring the “most disturbing conditions ever seen” as authorities fail to take action to curb
soaring levels of violence and self-harm in jails.
Beccaria was the first European criminologist who raised an alarm against the harsh and brutal treatment over convicted prisoners.
Pope XI also supported and advocated the cause of humanly treatment of prisoners.
The Act of 1778 was passed by the British Parliament which marks the beginning of prisons reform in England. There were
elaborated provisions in the Act related to prison reforms. The complete functioning of the prisons were reformed and modified.
The prisoners were made to work during the day time and at night they were kept in solitary cells.
During latter half of 19th century significant changes were brought to the administration of the prison systems. The British
prisoners were released on ‘Ticket on Leave’ on the ground that they would not resort to criminal activities.
In 1894, the Gladstone Committee recommended the abolition of unproductive labours in prisons and emphasised the need for
work in groups. It recommended further separate reformatories for juvenile offenders. In 1989 on recommendation of the
Committee the Prison Act was enacted in England and was followed by the enactment of Children Act, 1908.
Present scenario of prisoners- Despite the Government’s ambition to improve training and education by getting inmates out of
cells, many prisoners remain locked up in them for up to 22 hours a day.
The Government must now take responsibility for some of the worst prison conditions that Inspectors have ever seen. Instead of
tinkering around at the edges, the government needs to outline an emergency plan and new funds to make our prisons safe and
humane.
Salient features of the present prison system in Britain may be summarised as under-
 a. The prisoners are classified into different categories through Group therapy methods.
b. Inmates are provided vocational training inside the prison for their physical, moral and mental betterment.
c. Reformation of the prisoners is sought within the community itself.
d. After the release of prisoners, his rehabilitation is ensured to after care institutions or voluntarily service organisation.
e. Basic rights of the prisoners must be recognised in the prisons.

Prison system in India

Legal system in India can be retrospectively divided into-

Ancient period

Medieval period

Modern period

During earlier times, the whole legal system was dominated by the religious principles. It wasbased on the verses of the Vedas in
the contemporary social conditions. India had a well-organised prison system from the very beginning.
The Ancient period: Prison System
On the records Brahaspati put great stress on imprisonment of convicts in closed prisons. Various jurists gave their own theories of
punishment. It is known as dandaniti, which literally means principle of punishments.Manu was not in favour of prison system.
Kautilya in Arthashastra stated that rulers during ancient India made frequent use of prisoners.
A lot of ancient Indian literature contained about Danda-niti i.e. Vedas, Smritishastras, Dharamsastras, Kautilya’sArthsashtra.
According to the work done by Bana, there are indirect references to crimes and rigorous imprisonment. Manu said that after
considering the inclination in the offender, his antecedents and capacity punishment should be given. According to Brihaspati, a
gentle admonition should be given to a man for light offence. Kautilya advised the king to award punishment which should neither
be mild nor severe.
In ancient India, great emphasis was laid down on the spiritual aspect of human life and the prisons were modelled to provide
sufficient opportunity for penance. The object of punishment during the Hindus and the Mughals rule in India was to deter the
offenders from repeating offences. The recognised mode of punishments was death-sentences, mutilation, hanging, whipping,
starving to death etc. The prisoners were ill-treated, tortured, subjected to inhuman conditions, there was an environment of torture
and rigorous punishments were given for the crime.
Development of prisons during Britishers: Medieval India
The British colonial rule in India marked the beginning of penal reforms in India. The British prison authorities made great efforts
to improve the conditions of prisons in India; they introduced radical changes in the existing conditions of the prisons and
prisoners.
The Prison Enquiry Committee was appointed by the Government of India in 1836 which recommended for abolition of the
practice of prisoners working on road and under inhumane conditions. Adequate steps were taken to eradicate corruption among
the staff members of the prison.
In 1862 the Second Jail Enquiry Committee expressed concern about the unhygienic conditions of prisons in India which caused
death of many of the prisoners. The Committee put stress on proper food and clothes for the prisoners and for keeping a check of
medical conditions of prisoners. Third Jail Committee in 1877 also made certain important recommendations which were followed
by further suggestions in 1889 and 1892.
As an outcome of these suggestions, the Prison Act, 1894 was enacted. The Act brought uniformity in the working conditions of
the prisoners in India. The Act empowered the Provinces to enact their own rules for the prisons. The medical facilities were also
made available for the prisoners.
During the period from 1907 onwards vigorous efforts were made to improve the conditions of the juvenile and young offenders.
A number of reforms took place which improved the conditions of prisoners. After the implementation of the recommendations by
these Committees, certain changes had come to the prison system in India. However, most of the freedom fighters were sent to the
prisons, because they were demanding independence for Indian, as India was governed by the Britishers. Due to which they were
given very deterrent punishment in jails.
Indian Jail Reforms Committee 1919-20
The appointment of the All India Jail Committee (1919-1920) was a landmark in the history of prison reforms in India. It identified
reformation and rehabilitation of offenders as one of the objectives of prison administration. The constitutional changes brought
about by the Government of India Act, 1935 resulted in the transfer of the subject of prisons from the Centre to the control of
Provincial Governments, and this reduced the possibility of uniform implementation of the jail committee recommendations.
This Committee was appointed to suggest measures for prison reform which was headed by Sir AlexenderCardew. The Committee
suggested that the prisons should not only have deterring influence but they should have a reforming effect on inmates. It
recommended the utilisation of prison inmates in productive work to bring reform in their behaviour. It also emphasised on the
need for after-care programme for the release of prisoners for their rehabilitation.
The main idea behind the appointment of the Committee was to overhaul the jail administration and to introduce the upto date
changes in it. It was evident that the prison administration was lagging behind in reformative approach, it was devoid of
humanitarian elements and the prisoners were denied the attention for their individual and social rehabilitation.
The Committee recommended the establishment of separate institutions like Borstal School for Juvenile Delinquents. The under
trials were to be kept separate from the convicted and the adult convicts were to be classified as habitual and casuals.
It also took a serious view of the transportation of convicts to Andaman Island and recommended for the discontinuation of the
practice. Solitary confinement was to be abolished and convicts were to share barracks in groups as habitual and casuals.
After independence of India- Prison System: Modern Period
After independence the Constitution of India placed ‘jail’ along with police; law and order in the State list of the Seventh
Schedule. The Union Government had no responsibility of modernising prisons and their administration. The treatment of
prisoners has received some attention and it was considered as an important aspect.
The rehabilitative activities of the modern prisons are of two kinds-
a. Psychological treatment;
b. Educational or vocational training program
The Government of India invited Dr. W.C. Reckless, a technical expert of the United Nations on crime prevention and treatment of
offenders, to make recommendations on prison reforms in 1951. Later, a Committee was adopted to prepare an All India Jail
Manual in 1957 on the suggestion of Mr. Walter Reckless.
He made a plea for transforming prisons into reformation centres and advocated establishment of new prisons. With India’s
republican Constitution choosing to place prisons in the State List of the Seventh Schedule of the Constitution, the problem of
ensuring uniformity in prison reforms across the States remained.
Although some organisations have suggested that the subject of prisons should be in the Concurrent List so that Parliament and the
State Assemblies will have concurrent jurisdiction to legislate on the subject, the governments at the Centre and in the States have
not shown sufficient interest in the proposal so far.
Following major guidelines for reformation of prisoner were accepted which are as under-
i. The correctional services should form an integral part of the Home Department of each State and a Central Bureau of
Correctional Services should be established at Centre level;
ii. The reformative methods of probation and parole should be used to lessen the burden on prisons;
iii. State Alter-care units should be set up in each State;
iv. Solitary confinement should be abolished;
v. Classification of prisoners for their treatment was necessary;
vi. The State Jail Manuals should be revised periodically.
The modern Indian prison is an institution for the treatment and reformation of inmates. There were several latest developments in
this area which were beneficial for prison community. The inmates were given liberty and they were put on correctional methods.
However, the general condition of prison in India is still far from satisfactory condition. The social contempt for prison life keeps
all sections of society uninformed about what actually happens inside the prison cells. Public opinion shows concern about
modernising of the prisons.
The utility of prison as an institution for rehabilitation of offenders and preparing them for normal life has always been a
controversial issue. According to Dr.Verma “a prison symbolises evil and evil doers find themselves in perfect harmony inside
house of evils”.
Problems of prisons in India
The management of prisons falls exclusively under the domain of the State Government, according to seventh schedule of the
Constitution of India. In every State, the prison administrative machinery works under the chief of prisons who is a senior ranking
IPS officer.
Indian prisons face three long-standing structural constraints: overcrowding, thanks to a high percentage of undertrials in the prison
population, understaffing and underfunding. The inevitable outcome is sub-human living conditions, poor hygiene, and violent
clashes between the inmates and jail authorities.

Prison Discipline

Health issues

Criminality in prisons

Over-crowded prisons

Problems of under-trial prisoners

Custodial torture

Following are the various issues and problems of prison-

 a. Prison Discipline
It has always been a problem throughout the world. The main object of Prisonisation is negative as it aims at generating a feeling
of dislike for prison life among the members of the society. According to Donald Taft prisons are deliberately planned to provide
unpleasant compulsory isolation from the general society. The prison staffs are untrained and they have no specialised training in
this field.

b. Problems of prisoners’ health

The state of prisoners’ health is a major concern which needs proper attention. The term ‘state of health’ includes the description
regarding past and present suffering of the disease of the new entrants and its duration and treatment taken etc.
Sec.(s) 37, 39-A, 39-B and 39-C of the Prisons Act, deal with sick prisoners and require that prisoners at the time of their entry in
prison be asked about their health, particularly relating to tuberculosis and AIDS etc. and the treatment which they have undergone
for the disease, so that such prisoners apart from being given special treatment may be segregated from rest of the inmates.
It is the duty of the State to ensure that such type of serious diseases are cured and not allowed to spread, not only to other
prisoners but also the other persons living outside the prison.
In the case of Anil Kumar v. State of M.P. [2000 Cr. LJ 118 (MP)], enumerated the factors which account for increase in the
number of prisoners exposed to infection of tuberculosis in prisons. The factors are mentioned as under-

Delay in diagnosis, neglect of prisoner’s health problems, insufficient health services in prison and inadequate sputum
smear microscopy facilities;

Failure of medical services to refer T.B. suspects for diagnosis or to initiate timely treatment;

Transfer of prisoners with infectious tuberculosis between and inside prisons;

Overcrowding and prolonged confinement inside cells;

Failure to segregate infectious cases from other prisoners;

Sub-standard treatment resulting in failure to cure patients and prolonged infectiousness etc.

c. Issues of criminality among prisoners

There are various reasons for criminality among the prisoners, one of the major causes is that every prisoner tries to maintain his
superiority in the prison and tries to dominate his inmates. There are instances where the inmates fight on trifling matters and
issues, the reason may be difference of their opinions etc.

d. Over-crowded prisons
It is unfortunate that the prisons are overcrowded. Prisoners also have human rights and they cannot be kept in jails like animals.
The Law Commission in its 78thReport (1979) made some recommendations for easing congestion in prisons. These suggestions
include liberalisation of conditions of release on bail, particularly release of certain categories of undertrials on bail. Other methods
of reducing overcrowding in prisons may include extensive use of fine as an alternative punishment for imprisonment, civil
commitment and release on probation.

e. The problems of under-trial prisoners

This is a recently known problem which has been recognised in recent few years. There are several number of under trial prisoners
who are in prison for a long period of time in many States. Many of the under-trial prisoners are innocent who are caught and
being put in the prisons.
In the case of Kalyan Chandra Sarkar v. Rajesh Ranjan [AIR 2005 SC 972]- The Supreme Court in this case observed that the
fundamental right of an under-trial prisoner is not absolute which is enshrined under Article 21 of the Constitution of India. It may
be circumscribed by prison manual and other relevant Statutes imposing reasonable restrictions on such right.

f. Custodial torture in prisons

The victims of injustice in prison, especially those who are poor and helpless, who cannot afford legal representation have been
protected against torture and harassment. A victim of custodial torture can move to the Court directly by filing a writ petition for
the protection of his fundamental rights.
In the case of PrabhakarPandurang v. State of Maharashtra [AIR 1966 SC 424]- The Supreme Court held that detention in prison
cannot deprive the fundamental rights to a prisoner.
In the case of Sunil Batra v. Delhi Administration [AIR 1978 SC 1675]- The Supreme Court ruled that the prisoners are entitled to
all fundamental rights which are consistent with their incarceration.
In the case of Sheela Barse v. State of Maharashtra [AIR 1983 SC 378]- The Apex Court on a complaint of custodial violence to
women in jails directed that those helpless victims should be provided legal assistance at the State cost.
In Sanjay Suri v. Administration [AIR 1988 SC 414] - The Supreme Court held that the prison authorities should change their
attitude towards prison inmates and protect their human rights for the sake of humanity.

Open prison
Introduction
The study of criminology describes various theories of punishments and the most useful in this regard is the ‘Reformative Theory’.
The concepts of parole and probation are recommended as the best measures to reclaim offenders to the society as reformed
persons. The Governments pursuing the same objective have come up with a concept of ‘Open Jails’. Though the concept has been
in existence for quite some time, but it is still developing and introducing new junctures to a better life of prisoners.
Open prisons have relatively less stringent rules as compared to the controlled jails. They go by many names like minimum-
security prison, open air camps or prison without bars. The fundamental rule of an open prison is that the jail has minimum
security and functions on the self-discipline of the inmates. Every State law defines the eligibility criteria of inmates who can be in
an open prison. The principal rule is that an inmate eligible for open air prison has to be a convict.
Definition of open prison
An open institution is characterised by the absence of
material and physical precautions against escape such as
United Nations Congress on Prevention of Crime and
wall, locks, bars and armed-guards etc. and by a system
Treatment of Offenders
based on self-discipline and innate sense of responsibility
towards group in which he lives.
The open prisons are ‘minimum security’ devices for inmates to rehabilitate the society after final release. In India they are known
as ‘open jails’.
According to Sir Lionel Fox described the importance of open prison as the method by which a prison regime may hope to
inculcate self-responsibility and prepare the prisoners for a rational life in society, the open prison institutions appears to be the
most effective approach.
Origin of open prisons- International perspective
U.S.A
During the 19th century America had open air prisons in which the prisoners who were near to finishing of their sentence would be
transferred as labourers, under supervision and close watch of guards. Some prison camps were also organized in Massachusetts
and California around 1915. A farm type institution with suitable facilities for work was proposed near the town of Chino in South
California, under the guidance of State Board of Prison Directors. However the idea of minimum security did not settle with the
existing Prison Board, finally in 1938 a new Prison Board was proposed supporting the objective.
The philosophy underlying behind ‘minimum security’ institution is based on the following assumptions-
a. A prison is sent to prison as a punishment and not for punishment;
b. A person cannot be trained for freedom unless conditions of his captivity are relaxed;
c. The dictum that ‘trust begets trust’ holds well in case of prisoners also.
The success of open prison led to the establishment of ‘hostel system’ for prisoners in U.K and it was inspired by the English
experience which was also adopted by India in the form of reformative schemes.
France
The open prison institution was also developed in France. The inmates in these institutions used to go for work as free workers and
there was no supervision over them. The scope for the expansion of air camps is limited in France which allows the prisoners to
work outside the prison under private employers and under proper supervision.
Australia
The first open prison camp was started in the State of Victoria in the year of 1939. It has now been adopted as an integral part of
penal-program of Australia. Recidivists have served a considerable part of their sentence in a closed prison which is then brought
to open-prison camps for rehabilitation before their final release.
Open Air Camps in India
Important years

First All India Jail Committee 1836

Second Jail Committee 1877

All India Jail Committee 1956-57

Sir Walter Reckless 1952

After getting inspired from Anglo-American developments in the correctional field of penology, the penologists of India was
convinced that India cannot deal with prison system and it problem need to be resolved through some different method.
The development of the open prison system in India can be traced back in the 1830s. With the appointment of the First All India
Jail Committee in 1836, to review the prison administration of the country, however the results did not prove successful.
It was later followed by the appointment of the Second Jail Committee, and then it was in 1877 that the question of employing
prisoners on the major work sites was put forth in the Prison Conference of the year. The recommendation was accepted and has
since been in practice though with some changes as thought fit.
During 1920-27, a number of committees were appointed by the Provincial Governments for further reviews of prison
administration but nothing could actually be done in the direction until post-independence.
Post-independence of India
The post-independence periods witnessed some significant changes in the policies and techniques of prison administration. It was
realized that the inmates (offenders) shall be given proper opportunities to associate and communicate freely with the society and
the gap between the outside and the inside world should be cut down as far as possible.
The first commendable effort was made by Sir Walter Reckless, the U.N. Technical Expert who visited India in 1952. The
appointment of an All India Jail Committee 1956-57 was the result. This committee worked hard for over three years and made
appreciative recommendations for prison reforms. One of these recommendations was the establishment of open jails and the main
emphasis was on self-discipline and self-help.
The primary function of law and punishment is to protect the society from criminals and this can best be achieved by bringing a
change in the attitude of offenders towards their fellowmen. The open air camps have been used as one of the best tools for
rehabilitation of offenders in society.
Main features of open prisons
a. Informal living in small groups with minimum measure of custody
b. Efforts to promote consciousness among the inmates
c. Adequate facility for training inmates in agricultural field
d. Greater opportunity for inmate to meet their relatives and friends
e. Proper attention towards health care
f. Payment of wages in part to the inmates and sending part of it to his family
g. Financial assistance through inmates through liberal bank loans
h. Regular and paid work for inmates under expert supervision as a method of reformation
Advantages of Open Prison System
Reducing over-crowding

Construction cost reduction

Engaging inmates in open prison

Open opportunities for self-development

Conservation of natural resources

In the open prison system the selected offenders are placed under open air camps, farm colonies or other outside work with a
reasonable degree of safety. And the obvious advantages of such system are;

They help in reducing overcrowding in jails.

Construction cost is fairly reduced.

Operational cost is far lesser than that of the enclosed prisons.

Engaging the inmates of open air prisons in productive work keeps them mentally and physically fit.

Open opportunities for self-development and resocialization.

Help in conservation of natural resources and widens the scope of rehabilitative process.

Critical analysis
Even though the working of open-jail during the first two decades of its beginning in India proved to be successful but there was a
decline in the popularity of these prisons in the recent past. The reason was that there had been no significant addition to the
existing jails after 1980. And the idea of special jails for women did not get much support either.
The Jail Reforms Committee suggested two kinds of open prisons-

Open jails
 Semi-open jails

The criterion for segregation of prisoners should not be on the basis of their term of sentence, but overall possibility of prisoner’s
propensity to reform and resocialisation.

Punishments
Definitions of Punishment
Punishment is for the transgression of rules; and it is
According to Hobbes
inflicted by legally authorised persons
Punishment is an empirical question of desire and of the
As per Bentham
infliction of sufficient pain to provide an effective deterrent
Punishment may be defined as an evil resulting to an individual from the direct intention of another, on account of some act that
appears to have been done, or omitted. Punishment then is an evil- that is a physical evil; either a pain, or a loss of pleasure, or else
of that situation or condition of the party affected, which is the immediate cause of such pain or loss of pleasure.
It is an evil resulting from the direct intention of another. It is not punishment, if it be obliquely intentional on the part of the
person from whose agency it results, but an evil of some other nature, but which, however, is not in all cases distinguished by a
specific name.
Synonyms of Punishment
The synonyms of ‘punishment’ are ‘penalty, liability,
forfeiture, conviction, domination, purgatory, penance,
New Roget’s Thesaurus Dictionary
nemesis, castigation, penalisation, discipline, correction,
desertion’
‘Punishment’ is synonymous with ‘penalty’. And ‘liability’ and ‘forfeiture’ are synonymous with ‘punishment’ in connection with
crimes of the highest grade. The punishment or penalty is fixed by the law defining the criminal act.
‘To punish’ means to impose a penalty upon; to afflict with pain or loss or suffering for a crime on fault; to inflict a penalty for an
offence upon the offender; to impose a penalty for the commission of crime.
Both sanction and punishment mean the evil inflicted upon a wrong-doer, such as bodily pain, imprisonment etc., through the
physical force of the State for the enforcement of law. Punishments are pre-eminently the sanctions of Criminal law and they are
ultimate sanctions.
Meaning of the term ‘sanction’
However, the term ‘sanction’ is wider than punishment. Sanctions of civil matters such as restitutions or compensations are not
punishments but they are sanctions. Hence a sanction is not necessarily a punishment or penalty. Sanctions are the means whereby
obedience to a rule is enforced and secured by the instrument of coercion by which any system of imperative law is enforced.
Liability differs from Sanction and Punishment. Liability is incurred by the commission of a wrong and consists in those things
which a person must do or suffer for the violation of his duty whereas sanction is applied because he has done something when he
ought not to have done so.
The Elements of Punishment
According to Prof. Hart, the elements of punishment are:
i. It must involve pain or other consequences normally considered unpleasant;
ii. It must be for an offence against legal rules;
iii. It must be of an actual or supposed offender for his offence;
iv. It must be intentionally administered by human beings other than the offender;
v. It must be imposed and administered by an authority constituted by a legal system against which the offence is
committed.

The Nature of Punishment

The nature of punishment is in part, determined by reference to its purposes and functions. According to Jerome Hall, the nature of
punishment can be drawn with reference to the following characteristics:
i. punishment is a privation (evil, pain);
ii. punishment is coercive;
iii. punishment is inflicted in the name of the State; it is authorised;
iv. punishment presupposes rules, their violations and a more or less formal determination of that, expressed in a
judgment;
v. punishment is inflicted upon an offender who has committed a harm and this presupposes a set of values by reference to
which both the harm and the punishment are ethically significant;
 vi. the extent or the type of punishment is related to the commission of a harm, e.g., proportionately to the gravity of the
harm, and aggravated or mitigated by reference to the personality of the offender, his motives and temptation.

Measure of Punishment or Penal Liability

The determination of the right measure of punishment is often a point of great difficulty and no hard and fast rule can be laid
down, it being a matter of discretion which is to be guided by a variety of considerations, but the Court has always to bear in mind
the necessity of proportion between an offence and the penalty.
The appropriateness of the nature and measure of sentence in each case depends upon the gravity of offence, the position and status
of the offender, the previous character and the existence of aggravating or extenuating circumstances.
The Court can use its discretion in fixing the punishment. Court’s discretion depends upon the measure of penal liability of the
crime. In every crime there are three elements to be taken into consideration in determining the appropriate measure of
punishment. They are:

1. The motives to the commission of the offence

Motive is an inducement or that which leads or tempts the mind to indulge in a criminal act. The object of punishment is to
counteract by the establishment of contrary and artificial motives with natural motives which lead to crime. The stronger the
natural motives the stronger must be the counteractive which the law supplies.

2. The gravity or magnitude of the offence

The second measurement of punishment is the magnitude of the offence. The greater the sum of the evil consequences of the
offence, the greater will be the punishment imposed by law. The law also imposes severe penalties and punishments depending
upon the quantum of the profit and benefit accrued by the offender.

3. The Character of the Offender

In proving a particular criminal act, law does not consider the past character of the accused according to the law of evidence.
However, once his guilt is proved in the Court, the law then considers his past character in measuring the punishment.
The law adopts the principle that the worse the character or disposition of the accused the more severe should be his punishment.
The person who loses the sensibility and humanity creates more violence in the society and is awarded severe punishments. If a
man commits the crime under unavoidable circumstances such as emotional moments, anger, psychological weakness etc., a lesser
punishment may be imposed.
Concept of punishment
Sir Walter Moberly suggests that punishment presupposes the following concepts-
a. What is inflicted is an ill and it is something unpleasant;
b. It is a sequel of an act which is not approved by the authority;
c. There is some correspondence between the punishment and the act which has evoked it;
d. Punishment is inflicted by someone’s voluntary act;
e. It is inflicted upon the criminal for his wrong doings.

Theories of Punishment (Purposes of Punishment)

Various theories are advocated to explain the purposes of punishment, namely-

Retributive Theory

Deterrent Theory

Preventive Theory

Expiatory Theory

Reformative Theory

A. Retributive Theory of Punishment

The origin of this theory lies in the primitive notion of vengeance against the wrong doer. According to this theory, it is right and
proper, without regard to ulterior consequences that evil should be returned for evil.
Retribution, in this sense, is based on the saying: “An eye for an eye, a tooth for a tooth, a limb for a limb, and a life for a life”.
Thus, this theory considers punishment as an end in itself. If an evil has been done it can be undone or negative only by doing an
evil against the wrong doer. Most of the ancient law-givers and jurists considered retribution as the chief purpose of the criminal
justice.
Views of Scholars regarding Retributive Theory of Punishment
 The retributive theory is based on the view that punishment
According to Sir Walter is a particular application of general principle of justice that
men should be given their due.
“Punishment cannot rightly be inflicted for the sake of any
benefit to be derived from it, either by the criminal himself or by
According to Kant society, and that the sole and sufficient reason and justification
of it lies in the fact that the evil has been done by him who
suffers it”
The retributive purpose of punishment consists in avenging the
According to Salmond
wrong done by the criminal to society.
“Criminals deserved to be hated and the punishment should be
According to Sir James Stephen contrived as to give expression to that hatred and to justify by
granting a healthy natural sentiment”
A crime is not only aimed at the sufferer but also at the community and therefore the community should avenge the wrong and see
that retribution overtakes the wrong-doer. The purpose of punishment is thus to gratify the desire for vengeance by making the
criminal pay with his body.
Criticism of retributive theory

Critics of retributive theory of punishment say that retribution is in itself not a remedy for the mischief of the offence
but an aggravation of it. Punishment involves pain and suffering.

The infliction of suffering, if unredeemed by some corresponding and compensating good, can only add to the sum
total of misery already occasioned by the offence of the criminal.

It ignores one of the main purposes of punishment, viz., to reform the criminal.

Reformation is not possible by returning the evil to the wrong-doer.

The theory is regarded by all as a relic of barbarism. It is a cruel form of punishment.

In modern times, it cannot be said that the punishment is based only on vengeance. It is, more or less, considered to
be a measure to maintain order and peace in the society.

B. Deterrent Theory of Punishment

Punishment is said to be deterrent when it is inflicted with the object of showing the futility of crime and setting a lesson unto
others.

“Punishment is before all things deterrent and the chief end

According to Salmond or law of crime is to make the evil-doer an example and a
warning to all that are like- minded with him”.
Punishment is meant to prevent other persons from committing
According to the exponents of the theory of deterrent
similar offences. The advocates for the retention of capital
punishment
punishment rely on this theory in support of their contention.
The deterrent theory of punishment requires that the more hardened a criminal; the severe should be his punishment. The highest
punishment of death is justified if the offence is very grave and such a punishment is called for to deter other people from
committing similar offences.
Main supporters of this theory are-

Bentham

Plato

The Sophists

Fischte

Locke etc.

The futility of deterrent punishment is evinced from the fact that quite a large number of hardened criminals return to prison soon
after they get released. They prefer to remain in the prison rather than leading a free life in the society. The object underlying
deterrent punishment is defeated.
If deterrence is really to be brought about and if prevention of crime is to be substantially effected, one of the ways of doing so is
to introduce compensation as a factor in punishment. If every offender then is made to pay punitive damages to the aggrieved
party in addition to his liability by way of detention for a sufficiently long term, that would go a long way in deterring the wrong-
doer. What the offender dreads is the loss of liberty for a long time and having to give back what he took after such heavy pains
and risks. So compensation will help in deterrence.
If deterrence alone is treated as the object of punishment, punishment will tend in the direction of cruelty. The more painful a
punishment, the more deterrent it is likely to be and since no punishment succeeds in deterring everybody from the commission of
the crime, there is always a ground for making it still more severe in order to increase its impact. Such a notion naturally opens up
a prospect of tortures without limit.
Criticism of deterrent theory

“This theory is immoral inasmuch as it gives no measure of

punishment except the law givers’ subjective opinion ... It is
Holmes said to conflict with the sense of justice that the members of
such communities have equal rights to life, liberty and
personal security”

This theory has also been criticised on the ground of its severity. The deterrent theory is based on the idea of severe
punishments.

Some prison authorities are of the view that there is a type of prisoners, who have no foresight, who cannot learn
even from the experience of punishment, much less from the threat of it. In such cases, deterrent punishment has no
say, no effect.

Deterrent theory is based on the presumption that an offender weighs the pros and cons of his act and in doing so the
prospect of deterrent punishment would prevent him from consummating his evil designs.

This presumption stands rebutted at the hands of habitual offenders and hardened criminals.

C. Preventive Theory of Punishment

“There can be no case in which the law-maker makes certain

conduct criminal without his thereby showing a wish and
purpose to prevent that conduct. Prevention would
accordingly seem to be the chief and only universal purpose
According to Justice Holmes of punishment. The law threatens with certain pains if you
do certain things, intending thereby to give you a new
motive for not doing them. If you persist in doing them, it
has to inflict the pains in order that its threats may continue
to be believed”.
“We hang murderers not merely that it may put into the hearts of
others like them the fear of a like fate, but for the same reason
According to Salmond
for which we kill snakes, namely, because it is better for us that
they should be out of the world than in it”
In England, the supporters of the theories are Bentham, Stuart Mill and Austin. They asserted that it is the certainty of law and
now its severity which has a real effect on offenders.
The preventive theory says that the punishment is for the purpose of disabling or preventing the offender from committing the
offence again. In olden days the offender was prevented from committing the offence again by forfeiture of the offending limb.
Thus a thief could be made to lose his hand, or a sexual offender could be castrated. Mutilation was very common. The offender
who has committed a murder may be punished with death, thus removing all possibility of any further crime by him. Prevention of
crime is served also by the exilement of the offender.
Prevention can also be brought about by imprisoning the offender for a sufficient period of time, so as to immediately prevent him
from committing crime and bring about a change in his character or outlook. In such cases, prevention is sought for, not by
elimination, but by reformation, enabling the preventive and reformative ideas of punishment going hand in hand.
In modern times, certain other preventive measures are adopted in various new kinds of offences e.g. forfeiture of office,
suspension or cancellation of licence etc. There are other preventive measures such as preventive detention applied against the
persons who threaten to commit offences, or, are otherwise dangerous to the society. But these preventive measures must be
distinguished from punishment which is punitive.
Preventive mode of punishment works in three ways-
1. By inspiring all prospective wrong-doers with the fear of punishment;
2. By disabling the wrong-doer, and
3. By transforming (by re-education) the offender so that he would not commit crime again.
The real object of the penal laws is to make threat generally known rather than putting it occasionally into execution. It makes the
theory realistic and humane. It is effective for discouraging anti-social conduct and a better alternative to deterrence or retribution
which now stand rejected as methods of dealing with crime and criminals.
It is now generally recognised that, with the advance of civilization, death penalty has become incongrous. Murders in a
preponderently large number of cases are never premeditated. They are committed in a moment of excitement. Provocation and
anger may be the other causes. They benumb all sense of reason and blind him to its consequences. This torrent of anger and
provocation deadens his intellect, chills sense, debases his soul and enervates him, but this state is only ephemeral and, after he
gets over the temporary insanity, the murderer becomes a normal human being and is repentant for his conduct. In such cases to
punish the offender with capital punishment to prevent the wrong-doer commit crime again is meaningless.
Criticism of the Preventive Theory
The main critic of the preventive theory is Kant. He says that this theory treats a man as a thing, not as a person, as a means not as
an end in itself. The idea of prevention of crime is simply not possible by detaining a criminal for a long time in jail as the wrong
doer in prison learns many bad things from other criminals.

D. Expiatory Theory of Punishment

This theory is linked with the retributive theory and is, sometimes, considered to be a part of it. Hegel and Kohler are the main
supporters of this theory. Hegel says that the punishment makes the criminal to expiate for the wrong done. This theory is based on
morals.
According to this theory if the offender expiates or repents for the crime, he should be forgiven - as his expiation or repentance is
itself a punishment. This method of punishment was also common in ancient India where expiations were performed by way of
penance which varied in form and severity. The severity of the penance did not always depend either upon the degree of moral
culpability or upon the baneful result of the act. In some cases the penance consisted of uttering certain mantras, ablution, fasting,
amputation of a limb caused by the penitent himself, self-immolation, or burning oneself to death, etc.
This theory is now obsolete. The principles of morality now cannot wholly and solely come under the domain of law. At present
the organisation of state, its functions, human habits, attitudes have all developed to a great extent. According to Paton this theory
is based on moral doctrines, and, therefore, is beyond the limits of modern law and jurisprudence.

E. Reformative theory of Punishment

This theory is of recent origin. This theory owes its origin to the Italian school headed by Lombrosa and the French writer La
Gassaque.
The main object of this theory is to reform the character of the criminal so that he will desire to do what is right instead of fearing
to do what is wrong.
The sociological school headed by Ihering has evolved this theory of punishment according to which criminal sanctions should be
adjusted to the criminal and not the crime. According to them punishment should be subservient to the education and discipline of
the criminal.
Important characteristics of reformative theory
1. This theory points out that a crime is a disease so proper care should be taken of those who have committed a crime
instead of awarding a severe punishment.
2. The punishment should be curative, medicinal, clinical and educative rather than inflicting of physical injury or pain
upon the wrong-doer.
3. This theory takes into account the factors which compel the criminal to commit crime namely his family, education,
culture, socio-economic background etc.
4. It concentrates not on crime but on the criminal, his personality and all other related factors which led him to do wrong.
5. The subject of punishment is to find out the cause, the reason which compelled an individual to commit a crime and
then try to eradicate the criminal tendency in him through education.
6. This theory makes a study of the psychology of the criminal and takes punishment as a means to a social end.
7. The defective mental condition of the criminal is also a reason for the commission of crime. In other words, crime is the
result of a disease.
8. This theory puts more emphasis upon the personality of the offender and considers him to be a patient who should be
given a proper treatment.
9. It makes punishment not an end in itself, but as a means to an end.
10. According to this theory, the purpose of punishment should be to reform the criminal and to make him a good citizen.

As Prof. Vinogradoff observes-

“The Judge stands to the criminal in the position of the doctor who selects his remedy after diagnosing the disease and the
resources of the patient’s organisation”.
Crime is a pathological aberration and the criminal can ordinarily be redeemed. The State has to rehabilitate rather than avenge.
The sub-culture that leads to anti-social behaviour has to be countered not by undue cruelty but by re-culturisation.
Human society today views sentencing as a process of reshaping a person who has deteriorated into criminality and the modern
community has a primary stake in the rehabilitation of the offenders as a means of social defence. No criminal, however heinous
his offence, may therefore, be punished with death. For the same reason, it is urged that floggings and other corporal inflictions
which degrade and brutalise the criminal should be abolished.
Criticism of reformative theory
It has been criticised on a number of grounds. It is said that there are dangers in the practical application of the theory.
i. If criminals are sent to prison in order to be transformed into good citizens, prisons will be turned into dwelling houses
far too comfortable to serve as any effectual deterrent to such class of persons
ii. Here are in the world men who are incurably bad and are beyond the reach of reformative influences
iii. Crime will be a profitable industry which will flourish accordingly.
iv. Its application is limited in the sense that it cannot be applied in cases of habitual offenders, because it is not easy to
change habits.
v. This is a type of theory which cannot be applied in every society.
Salmond concludes that the perfect system of criminal justice is based on neither the reformative nor the deterrent principle
exclusively, but the result of a compromise between them. In this compromise it is the deterrent principle which possesses
predominant influence. The reformative element must not also be overlooked, though it should not assume undue importance.
Forms of punishment
Flogging

Mutilation

Stoning

Fines

Forfeiture of property

Banishment

Solitary confinement

Imprisonment for life

Imprisonment

Capital Punishment

a. Flogging
It was one of the most common methods of punishing criminal which was used in earlier period. In India also this mode of
punishment was recognised under the Whipping Act of 1864 which was later abolished in 1955. The method used was whipping
the offenders and punishing them for their offence. However, the method was criticised by several scholars as improper and not
useful in correcting the behaviour of the offenders.

b. Mutilation
It was a kind of corporeal punishment which was in common use during early times. This mode was adopted in India also during
ancient period. Brutal methods were adopted to punish the offenders such as chopping of their hands; legs in case they were found
guilty of some offence.

c. Stoning
Stoning the criminals to death was also one of the form of the mode of punishment which was given to offenders. Generally the
offenders who were found guilty of sexual offences were punished by stoning. This punishment was barbaric in nature which was
usually given to habitual offenders involved in heinous offences such as sex-crimes.

d. Fines
Imposition of fine was a common mode of punishment which was imposed when the offence was not of very grave in nature. Fine
as penalty was imposed for the crimes such as theft, fraud, gambling etc.
In the case of Adamji Umar Dalal v. State [AIR 1952 SC 14], it was observed, “In imposing fine, it is necessary to have as much
regard to the pecuniary circumstances of accused person as to the character and magnitude of the offence.”

e. Forfeiture of property

Sec. 53 of the Indian Penal Code provides for forfeiture of property as a form of punishment. There are two offences specified
under Sec. 126 and 169 of IPC that provides for confiscation of property besides the punishment with or without fine.

f. Banishment
It may be defined as a practice of transporting of habitual offenders to far off places and eliminate them from the society for
punishing them. The practice of transportation was also existed in penal system of British India. It was known as ‘Kalapani’.

g. Solitary confinement
Confining the convicts in solitary prisons without work was a common mode of punishment for hardened criminals. This form of
punishment was intended to eliminate criminals from society and incapacitating the habitual offenders to repeat the offence. Sec.
73 and 74 of the Indian Penal Code deals with the provisions of ‘solitary confinement’.

h. Imprisonment for life

The Indian Penal Code prescribed five types of punishment which are as under-

Death

Life imprisonment

Imprisonment- Simple or rigorous

Forfeiture of property

Fine

Sec. 53 of Indian Penal Code provides ‘imprisonment for life’. In the case of Naib Singh v. State [AIR 1983 SC 855]- The
Supreme Court held that the ‘nature’ of the punishment of imprisonment for life is rigorous imprisonment only and a criminal
Court may issue warrant and direct the punishment to the offender for imprisonment of life.

i. Imprisonment
It is the simplest penal and common form of punishment. It proved to be an efficient method of punishment. Conditions of
imprisonment in civilised counties have undergone radical changes in recent decades.

j. Capital Punishment
It is also known as death penalty. It may be defined as an execution of an offender sentenced to death after conviction by a Court
of law of offenders. In India, capital punishment is awarded for murder, gang robbery with murder, abetting the suicide of a child
or insane person, waging war against the government, and abetting mutiny by a member of the armed forces.
It is also given under some anti-terror laws for those convicted for terrorist activities. The death sentence is imposed only when the
Court comes to the conclusion that life imprisonment is inadequate based on the facts and circumstances of the case.
Article 21 of the Constitution of India states that no person shall be deprived of his life and liberty except according to the
procedure laid down by law. Under Article 21, every person has the Right to Life which has been guaranteed by the Constitution.
The Indian Penal Code, 1860 provides for the provision of a death sentence for various offenses like criminal conspiracy, murder,
waging war against the nation, dacoity and murder, etc. Various other legislations like the NDPS Act and Unlawful Activities
Prevention Act also provides for the death penalty.
Bachan Singh v. State of Punjab [AIR 1980 SC 898]- The question of the validity of capital punishment and in this case, the
doctrine of “rarest of the rare” was formulated. The five Judge Bench stated that the taking of human life should not be encouraged
even in the form of punishment except in “rarest of the rare” cases where no alternative method can be used and is foreclosed.

Recidivism
Introduction
The term ‘recidivism’ may be defined as the habit of relapsing into crimes by the criminals and recidivist is a person who relapses
into crime again and again.
The term is derived from the Latin term which means ‘back’ and it means an act of a person repeating an undesirable behaviour
after they have either experienced negative consequences of that behaviour. It also refers to the former prisoner who is arrested for
same offences.
Categories of Offenders
Innocent Convicts

Insane Criminals

Criminals by accident

White Collar criminals

Habitual offenders
 Habitual offenders

Occasional criminals

Political offenders

Recidivism means ‘a falling back’ and usually implies ‘into bad habits’. It comes from the Latin word ‘recidivus’ which means
‘recurring’. ‘Recidivists’ tend to relapse, or ‘fall back’ into old habits and particularly crime.
Definition of Recidivism
It is a tendency to relapse into a previous condition or mode
Merriam Webster Dictionary of behaviour; or
Relapse into criminal behaviour
Recidivism is one of the most fundamental concepts in criminal justice. It refers to a person’s relapse into criminal behaviour,
often after the person receives sanctions or undergoes intervention for a previous crime. It is measured by criminal acts that
resulted in rearrests, reconviction or return to prison with or without a new sentence during a three-year period following the
prisoner's release.
Causes of Recidivism
According to G.B Vold, “prevalence of recidivism offers a serious stumbling block to a too ready acceptance of the idea of readily
achieved reformation.”
He prefers to classify criminals into four major categories which are as under-
a. Psychologically disturbed criminals who commit crime due to their mental depravity or emotional instability.
According to Vold, there are around 30% of offenders who belong to this category.
b. Criminals who are uneducated and unskilled usually gets effected by it as they commit crime again and again even after
getting punished. Around 40 % of criminals fall under this category.
c. Criminals who are psychologically abnormal, in indulge in illegal activities and commits crime again and again. Only
10% of criminals fall under this category.
d. This consists of criminals of hardened category who are professional criminals, they are engaged in prostitution houses;
gambling dens; selling of liquors illicitly etc. There are around 20% of criminals falling under this.
e. According to some Scholars, recidivism depends to a large extent on the response to the initial act of the offender. It is
based on society’s/ community’s response to change the habitual offender.

Measures to combat recidivism

1. Corrective work inside the prison institution and keeping the inmates engaged during the period of their incarceration is
the most effective method of the reformation of criminals.
2. Greater importance to treatment of offenders must be given; shifting of emphasis from crime to criminals.
3. Every possible endeavour must be made to ascertain the cause of criminality to be cured through a process of diagnosis.
4. The modern corrective method seeks to mitigate the emotional maladjustments of the offenders.
5. The aim is to make the inmate realise the undesirability of his unacceptable behaviour and to assist him to follow a
socially acceptable course of conduct.
Recidivism in India
Reformative measures of treatment completely fail in case of recidivists offenders. Imprisonment is the only alternative to prevent
them from repeating crime. Various State and jurisdictions may have laws targeting recidivists, and specifically providing for
enhanced or exemplary punishments or other sanctions.
Various Countries are designed to counter recidivists by physical incapacitation via imprisonment. Laws punishing recidivists are
existent in several jurisdictions, right from the U.S.A to Pakistan, India and Australia.
The substantive content of the law and the sentence prescribed therein may vary from country to country, and from State to State,
but generally they apply when a person has been convicted a minimum of twice for various crimes.
It must be stated that incidence of crimes in urban areas is more than rural regions. According to research and studies conducted in
this regard, it was concluded that male are more prone to commit offences as compared to females.
In the case of Mhd. Giasuddin v. State of Andhra Pradesh [AIR 1977 SC 1926]- The Apex Court observed, “The State has to
rehabilitate rather avenge.”

Crime Prevention
Introduction
Prevention of Crime and protection against criminals may broadly be defined as anything which reduces the incidence of crime.
The focus is on making the environment safe from crime and reducing the potential for crime in high-risk situations.
It may be defined as reduction of the incidence of crime or perceive fear of crime. The aim is to make the society safe from crime
by punishing criminal for their offence.
The term ‘crime prevention’ in the broadest sense, encompasses any activity that has the effect of reducing crime. It includes a
broad spectrum of activities, ranging from the social development approach to the prevention of opportunity through to deterrence.
These include diversion of offenders prior to charging and dealing with offenders after sentence. A comprehensive strategy for
crime prevention would include a complete range of activities covering all levels of intervention and elements of the crime event.
Meaning of the term ‘crime’
Crime is any action or offence that defies a State or Country and is punishable by law. Crime has many definitions. In fact the most
common thing about these definitions is that crime is punishable. Crime cuts across many disciplines such as sociology,
psychology and criminology.
There are two main types of crime-

Violent crimes- Violent crime constitutes when someone decides to harm threaten and conspire against someone else.

Property crime- It constitutes someone who damages destroys or steals someone’s property. Both violent and
property crimes are offences which involve force and damage to society.

The United Nations Universal Declaration of Human Rights, 1948 had emphasised that crime prevention involves programs for
protection of witnesses and victim’s assistance, reparation, reconciliation, re-integration etc.
Modes of prevention of crime
According to Brantingham, the crime prevention involves three areas-

Primary Prevention

Secondary Prevention

Tertiary prevention

a. Primary prevention
It refers to location such as residence, school, neighbourhood, society etc. which involves altering of the environment in such a
way that the basic cause of crime is eliminated. It is based on social disorganisation theory.

b. Secondary prevention
It refers to reducing opportunities for crime and increasing the risk of committing crimes. It deals with the enforcement of law
process. It deals with the prevention of delinquents in falling into bad company.

c. Tertiary prevention

It is derived from the field of medicine to describe procedure to be followed after threat of crime is manifested. It includes personal
injury and property insurance as well as self-protective measure etc.
Tertiary prevention involves the full range of responses that occur after a crime has been committed. The vast majority of the
activities of the criminal justice system are tertiary interventions. The objective is to rehabilitate or incapacitate the offender (deter
recidivism), deter others who might consider similar behaviour, and repair some of the damage done to the victim.
Objective of crime prevention
1. Crime prevention includes reducing and deterring crime and criminals from committing crimes.
2. Crime reduction is quite similar to crime prevention, for crime reduction to occur we need to prevent it at first.
3. Crime prevention strategies are usually implemented by criminal justice agencies, individuals, businesses and non-
governmental agencies in order to maintain order and enforce the law.
4. Crime prevention strategies not only deter crime but also reduce the risk of increasing victimization in the society.
5. Crime prevention has many objectives but the most main objective is to reduce and deter crime. Many criminal justice
agencies have developed strategies through public policy in order to prevent crime.

‘Juvenile or Delinquent crimes’

When a juvenile commits an act that would be criminal if committed by an adult, the juvenile is determined to be delinquent.
Delinquent acts may include crimes against persons, crimes against property, drug offenses, and crimes against public order.
Prevention of juvenile crimes
Delinquency prevention efforts seek to redirect youth who are considered at-risk for delinquency or who have committed a
delinquent offense from deeper involvement in the juvenile justice system.The problem of youth crime is complex and requires the
involvement of the families, communities, schools, and often other agencies, to develop and implement prevention initiatives.
In dealing with children it is very important to understand the cause of criminal behaviour. Factors such as family violence, lack of
support and supervision, substance abuse, etc., should become the focus. Early intervention plays an important role in keeping
minors from embarking on a life of crime. Swift and consistent punishment for offences can help reduce the incidence of crime.
Socio-economic status is another interesting risk factor. While in some studies it is directly associated with delinquent behaviour,
other studies have found that regardless of socio-economic status, those children who were raised by distressed and unsupportive
caregivers in unstable families had a greater chance of developing problem behaviour than did children who had nurturing
caregivers and grew up in supportive homes.
After serving their sentence, young offenders receive support aimed at preventing re-offending.Lack of support to victims can
result in victimization which leads to further suffering for the victim.
The provision of victim support services to deal with the effects of the crime is essential for responding effectively. The use of
alternatives to the traditional Court system allows more involvement of victims in the process.
Criminality and domestic violence in families need to be attended to check crime prevention. Emotional pressure and frustration
build in family which leads to disturbed childhood of youth. Other reasons could be poverty; male dominance; domestic violence;
illiteracy etc.
Problems involved in juvenile crime prevention
Juvenile crimes cannot be stopped only through the proper implementation and amendments of Juvenile Justice Act. In order to
reform the juvenile in conflict with law, the juvenile system as a whole needs to be reformed first.
The nation must strike to provide education, health care, sanitation and housing to every child. Apart from multiple laws governing
children, there exist many other problems at the grassroots level. Government-sponsored children’s homes are often unable to
accommodate neglected children. Children are sometimes even kept in jail.
Thus, there is a problem in the execution of laws pertaining to children and the maintenance of children’s homes due to both a lack
of awareness of child rights and India’s burgeoning child population.
Remedies for juvenile delinquency
Preventive Methods

Reh abilitative or curative method

Preventive Methods

Creating and inspiring a team of work of private and public agencies devoted to preventive work.

Giving proper training to the members and staff of all organisations concerned with delin​quency control.

Establishing child guidance clinics to give appropriate treatment to the disturbed and mal​adjusted children.

Establishing wholesome recreational agencies to prevent young children from becoming the victims of illicit or
unwholesome recreation.

Giving proper assistance to under-privileged children to build in them good character and law-abiding attitude.

Method of Rehabilitation
Legislative Measures

a. Apprentices Act of 1850

The Act provides for the binding of children, both boys and girls, between the ages of 10 to 18 as apprentices. The Act also dealt
with children who committed petty offences.

b. Reformatory Schools Act of 1897

This Act can be considered a landmark in the history of treatment of delinquency. This Act is in force in almost all the states of
India. No person may be detained in it after he attains the 18th years.
c. Provision in the Criminal Procedure Code
Under Sec. 399 of the Criminal Procedure Code convicted young offenders below the age of 15 could be sent to Reforma​tory
Schools established by the State Government.
Under Sec. 82 of the Indian Penal Code children under seven cannot be held responsible for their crimi​nal acts. Sec. 83 of IPC
relaxes this age upto 12 under some conditions.

e. Probation of Offenders’ Act

Under these Acts Juvenile Courts can place the youthful offenders under the supervision of probation officers.

List of References
Sr. No. Details

1 Ahamed Siddique-Criminology Problems and Perspectives

2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit I - Introduction
Long Questions Answers
1. Discuss various definitions of crime as given by different authors.
2. Define organized crime. State the characteristics of organized criminals
3. State the different theories of crimes. Discuss any two in detail
4. Define criminology. Discuss its nature and scope.
5. Discuss the Positive School of Criminology.
6. Explain the nature and characteristics of crime in India.
7. Explain the concept of Crime drawing attention to its nature and characteristics
8. Explain in detail various schools of Criminology
9. Discuss in detail the Sources of Crime data and uses of crime data?
10. Write a detail note on Stages of Crime. Discuss with the help of case laws
11. Write a brief and explanatory note on basis of crime and criminalization
12. "Criminology is the scientific procedure to examine social and individual deviances from historical point of view". Explain.
13. Write a detail note on Mens Rea and the Origin and Development of Mens rea (Mens Rea in English Law) With the help of
relevant case laws.
14. Write a brief note on the development of criminal law.
15. Write in detail mens rea in Indian Law.
16. Explain the concept of Organized Crime and state reasons behind organized crimes
17. Critically examine various thoughts on Criminology at different stages of history.
Short Notes
1. Concept and nature of crime.
2. Crime
3. Organized crime
4. Ingredients of Crime
5. Distinguish crime from non-crime classification of crimes
6. Development of criminal law
7. Sources of crime data
8. What is crime reporting?
9. Role of Criminal Law in Protection of society and stamping out criminal.
10. Jurisprudence of Criminology
11. The Modern Age View of Crime
12. Kinds of wrongful acts
13. Mens Rea [Actus non facit reum nisi mens sit rea]
14. Difference between knowledge and intention
15. Crime reporting
 16. Pre - Classical School
17. Discuss Social dis-organisation as factor responsible for Crime in the Society
18. Neo-Classical School
19. Positivists School
20. M’ Naughton’s rule
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit II - Crime Causation

Long Questions Answers
1. State the different theories of crimes. Discuss any two in detail
2. "Crime is a product of combination of variety of factors". Explain in the light of multiple factor theory of crime causation
3. What are the multiple factors responsible for crime causation?
4. Critically examine causes of Juvenile delinquency in India
5. Explain Sociological theory of crime with the theory of Differential Association
6. Explain with the help of various judicial decisions that there is need of rehabilitation and reformation of prisoner in India
7. Discuss the various apprenticeship programmes for the offenders for their rehabilitation and reformation
8. Distinguish between parole and probation, state their role in the rehabilitation of prisoner.
9. Discuss the various apprenticeship programmes for the offenders for their rehabilitation and reformation.
10. Discuss briefly the sociological theories of crime.
11. Discuss briefly the biological and psychological theories of crime
12. Explain the role of psychiatrists, psychoanalysts and social workers in prison
13. Explain the Nature and Scope of The Juvenile Justice (Care and Protection of Children) Act 2000
14. ‘‘Deterrence and retribution as forms of punishment have lost significance in modern penology’’ Elucidate
15. Discuss the different modes of treatment of Juvenile delinquents
16. How do Economic Factors influence Crime Pattern?
17. Why do you think that there is a need for differential treatment of Juvenile Offenders?
18. Find out different causes of Juveniles delinquency.
19. Explain different aspects of Crime causation theory
20. Explain the sociological theory of Crime with the theory of different Association by Sutherland.
21. Discuss the use of vocational and religious education and apprenticeship programmes for the reformation and rehabilitation
of offenders.
Short Notes
1. Explain the Economic Theory of Crime
2. Explain Anomie and Strain Theory
3. Group counselling and resocialisation programmes
4. Need for rehabilitation and reformation of prisoners
5. Explain Born criminal theory of Cesare Lambroso
6. Anomie and Strain Theory of crime
 7. Labeling Theory
8. Write a short note on Economics and Crime Causation
9. Repeat offenders and Age-Specific Offenders
10. Foster care and Reformative institutions.
11. Rehabilitation Process
12. Problems involved in Crime Prevention
13. Crime prevention.
14. Retributive theory
15. Juveniles in Conflict with law
16. Psychological factors as cause of crime
17. Discuss Southerland’s theory of ‘Differential Association.’
18. Ecology of Crime
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit III - Types of Crime

Long Questions Answers
1. Write a detailed note on white collar crime
2. Elaborate the concept of white collar crime. Suggest remedial measures for its prevention.
3. Situation is responsible for causing the criminality in women. Discuss with the help of case law.
4. Discuss in brief the recommendation in Malimath Committee report on victims
5. Explain the concept of white collar crime and discuss in detail the crimes in the profession of medical, legal and engineering
6. What are the causes of female criminality? Suggest various steps that have to be taken to control female criminality.
7. Write a detail note on Saathanam Committee Report
8. Write a detail note on Dowry Death and causation of dowry death.
9. Nature and Scope of The Immoral Traffic Offender (Prevention) Act, 1956, (ITPA)
10. Write a brief explanatory note on Pre Conception and Pre Natal Diagnosis Techniques (Regulation and Prevention of
Misuse) Act, 1994.
11. Explain the Sutherland theory of White Collar Crime and its relevance in present scenario.
12. Explain the nature and scope of Medical Termination of Pregnancy Act, 1971
13. The Criminal Law Amendment Act, 2013 has recognised certain acts as offences. Such new offences have been incorporated
in Indian Penal Code. Discuss
14. Write a brief explanatory note on Terrorism and explain Kinds of Terrorism and the factors responsible for causation of
terrorism.
15. TADA was the first anti-terrorism law legislated by the government to define and counter terrorist activities. Discuss
16. Explain the Punishment for Terrorist Act under the Prevention of Terrorism Act, 2000 and its Criticism
17. Write a detail note on different Laws related to terrorism in India
18. The difference between POTA and UAPA is substantial even as a lot of provisions are in common. Discuss.
19. Write a detail note on Marginal Crime and Victimless Crimes.
 20. Write a detail note on NDPS Act.
21. Explain in detail Computer Crimes and Kinds of Computer Crimes?
22. Write a detail note on Modern Crimes and International Crimes.
Short Notes
1. White collar crime by Medical practitioner
2. Mental Disorder and Criminality
3. Explain the causes and effects of caste wars and communal riots
4. Explain theory of different Association by Sutherland
5. Female Criminality
6. Discuss Social dis-organisation as factor responsible for Crime in the Society
7. Discuss the multiple causation approach to crime.
8. Blue Collar crime
9. Write a short note on White Collar crime in India and implication of White Collar Crime
10. Laws related to White Collar Crime in India
11. 47th Law Commission Report
12. Dowry death and cruelty
13. Brothel
14. Write a short note on when pregnancies may be terminated?
15. Domestic Violence.
16. Political Factor for causation of terrorism
17. Funds of Terrorism
18. Kinds of Terrorism
19. The Prevention of Terrorism Act
20. Kinds of Marginal Crimes
21. Hidden Victims
22. Drugs and Crime
23. Kinds of Computer Crimes
24. Write a short note on Computer Crime
25. Environmental Crime
26. Human Organs Crimes
27. Female Criminality
28. Wanchoo Committee Report
29. 47th Law Commission Report
30. Prostitution and its Causation
31. Mental disorder and criminality
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology
Unit IV - The Police and Criminal Justice System
Long Questions Answers:
1. Explain the role of police and discuss their two legal functions in detail
2. Explain the role of police in administration of Justice.
3. Explain the role of police and police system in India
4. Explain the hierarchy of Police set-up in India and discuss the legal functions of Police
5. With the help of case law explain the third degree methods and liability of Police for custodial violence
6. Discuss briefly the Malimath Committee Report on Police functioning
7. Discuss the nature of police-public relations in India. What is liability of police for custodial violence?
8. Discuss the powers and duties of the police under the Cr. P.C and the police acts.
9. Explain the Malimath Committee Report on police functioning and state its importance
10. Write a detail note on Traditional Crime Record Management and Modern Crime Record Management.
11. Write a brief explanatory essay on Interpol
12. Write a detail note on Origin and Development of Police force in India
13. Explain the measures taken to modernise police force
14. Write a detail note on Historical development of Criminal Courts in India
15. Discuss in brief rights of female accused and female prisoners.
16. What are the various powers and duties of the police officers as per Cr.P.C. and Indian constitution?
17. Define the term organised crime, elaborate smuggling and traffic in narcotics
18. What are the statutory and constitutional provisions relating to law of arrest? Explain with reference to recent cases?
19. Explain the importance of Penology in the administration of criminal justice
20. Discuss the policy and process of pre-sentencing Inquiry
21. Discuss the rights of prisoners under the Indian Constitution
22. Discuss human rights of prisoners with reference to constitutional protections and judicial decisions.
23. Discuss the inter-relationship among the Criminology, Penology, and Criminal Law
24. What are the right and protection available to victims under the Criminal law?
25. What are the reasons for inadequacy of the conventional criminal law in providing adequate compensation to victims of
criminality?
26. Discuss the development of victimology with special reference to India
27. How the gravity of an offence in generally assessed? Explain
28. Discuss different categories of victims in need of special and greater attention
29. Discuss the provisions of Code of Criminal Procedure 1973 dealing with compensation to crime victims
30. Discuss the role of NHRC for the protection of victims
31. With the help of decided cases examine the role of Indian courts relating to crime victims
32. Discuss the concept of compensation under various laws and how it developed
33. Explain the concept of victimology, State the right of victim to get compensation under various laws
34. Explain the various provisions of law for granting compensation to victims with the help of decided cases
Short Notes:
1. Explain Police Public Relation
2. Discuss the issue of Corruption in police
3. Interpol
4. Corruption in police
5. The role of police and their legal functions
6. Organizational structure of Indian Police
7. Custodial Death
8. Write a short note on Crime Record Management
 9. Thana Level Committee Report
10. Police Advisory Committees
11. Police Community Relations
12. Write a short note on Media and Police
13. Custodial Torture
14. Rural Policing in India
15. Write a short note on problem in Police Services
16. Hierarchy of Criminal Court in India
17. Rights of accused and Arrested person
18. Plea Bargaining
19. Mode of arrest by Police
20. Rights of female accused and female prisoners
21. Comment on Criminality in Women
22. President’s mercy jurisdiction
23. Female Criminality
24. ‘Sun Set’ legislation
25. Rights of Victims
26. State compensation programme
27. Point out different modes of assistance to the victims
28. Role of victims in crime.
29. Child victims
30. Judicial view on compensation
31. Role of National Human Rights Commission
32. State relevant provisions for compensating victims under Criminal Procedure Code
33. The concept of victimology
34. Crime Control
35. Rights and Protection to victims under criminal law
36. Justice to victims
37. Discuss the role of victims
38. What are the Rights of Victims in India?
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit V - Correctional Institution and Crime Prevention

Long Questions Answers
1. State the nature of parole and powers of administrative authorities for granting Parole.
2. Explain various theories of Punishment.
3. Explain the concept of recidivism.
 4. State and explain prison work and prison administration
5. Distinguish between parole and probation, state their role in the rehabilitation of prisoner
6. Discuss in brief the discarded mode of punishment
7. Explain in detail the concept of probation and state how it is different from Parole
8. Discuss in detail the various prison reforms
9. Explain the concept of Parole and with the help of case law discuss how parole and probation is important for rehabilitation
of Prisoner
10. Explain the Deterent and Preventive theories of Punishment
11. Explain the role of psychiatrists, psychoanalysts and social workers in prison.
12. Explain the arguments in favour of retaining and abolishing capital punishment
13. What is open prison? Explain its advantages
14. What is Probation? How the probationaries are selected?
15. Discuss the common modes of punishment prevalent in different parts of the world
16. Discuss the rights of prisoners under the Indian Constitution
17. Discuss the problem faced by women prisoners
18. Explain preventive and reformative theories of Punishment
19. Discuss the origin and evolution of the system of punishment
20. Discuss whether capital punishment should be abolished on retained
21. What are the different kinds of punishments?
22. What is the need for adopting Crime prevention measures? Explain measures for Crime Preventions.
23. Discuss the kinds of programmes which are adopted in crime prevention programmes
24. Discuss the constitutional validity of hanging as a mode of execution of death sentence
25. Discuss human rights of prisoners with reference to constitutional protections and judicial decisions
26. What do you understand by probation of offender? Explain the origin and concept of probation systems
27. What are Open Prisons? Explain advantages of Open Prisons.
28. Explain the importance of prisoners classification in the effective management of prisons
29. Discuss on the parole and probation, how these can be utilized in the re--socialisation of offenders
30. Discuss the inter-relationship among the Criminology, Penology, and Criminal Law
31. Origin and evolution of Punishment
32. Forms of punishment with special reference to capital punishment
33. Penal institutions. Prison system and its reforms in India with special reference to recent experiments
34. Examine the merits and demerits of existing open prison system.
Short Notes
1. Difference between parole and probation
2. Prison Labour
3. Types of Punishment
4. Parole
5. Explain the concept of Prison Labour
6. What is Open Prison?
7. Prison Reform.
8. Explain the concepts of fine
9. Young offenders
10. Discuss the violation of Prison code and its consequences
11. Explain participation of inmates in community services
12. Discuss the problems of released offenders
 13. Branding punishment
14. Point out offences punishable with death sentence under IPC
15. Retributive theory
16. Life Imprisonment
17. Minimum Mandatory Imprisonment
18. Recidivism
19. Write a note on inter-relation between Criminology, Penology and Victimology
20. Why there is judicial discretion in sentencing? Do you think there is a need for sentencing guidelines?
21. Write a note on problems in prisons
22. What is Solitary Imprisonment? Explain nature, duration and limits of Solitary Confinement
23. Explain meaning nature and tenure of life imprisonment
24. What is Parole? Explain the conditions for release on Parole
25. Solitary Confinement
26. Classification of Prisons
27. Rigorous Imprisonment
28. Discuss the efficacy of parole system in India
29. Discuss the effectiveness of death penalty as a mode of punishment
30. Jail manual
31. Powers of prison officials
32. Probation officer
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit I - Introduction
Let us Recapitulate points dissussed in this module:
From the formal or legal point of view, a crime is an action on which the community has set a punishment.
Crime is a public wrong which offends against the public generally.
The function of criminal law is to preserve public order and decency, to protect citizens from what is offensive or injurious
and to provide sufficient safe guards against exploitation and corruption of others
Sir William Blockstone defines crime in two ways:
a. Crime is “an act committed or omitted in violation of a public law forbidding or commanding it”.
b. “A crime is a violation of the public rights and duties due to the whole community, considered as a community
Sir James Stephen, states, “A crime is a violation of a right, considered in reference to the evil tendency of such violation as
regards the community at large”.
Austin says, “A wrong which is pursued by the sovereign or his subordinates is a crime. A wrong which is pursued at the
discretion of the injured party and his representatives is a civil injury.”
Edwin Sutherland says, “Criminal behaviour is behaviour in violation of the criminal law. No matter what the degree of
immorality, reprehensibility, or indecency of an act, it is not a crime unless it is prohibited by the Criminal law.
According to Kenny, “Crimes are wrongs whose sanction is punitive, and are in no way remissible by any private person,
but are remissible by the crown alone, if remissible at all.”
According to Kenny, “Crimes are wrongs whose sanction is punitive, and are in no way remissible by any private person,
but are remissible by the crown alone, if remissible at all.”
As per the Oxford English Dictionary, Crime is “an act punishable by law as forbidden by statute or injurious to the public
welfare.”
Halsbury’s Laws of England provides, “A Crime is an unlawful act or default which is an offence against the public and
renders the person guilty of the act or default liable to legal punishment.”
Osborn states, “Crime is an act or default which tends to the prejudice of the community, and forbidden by law on pain of
punishment inflicted at the suit of the State.”
The word ‘Crime’ is derived from Greek expression Krimos’ which means social order and it is applied ‘to those acts that
go against social order and are worthy of serious condemnation’
According to prof. R.C. Nigam there are three attributes of crime:
a. It is harm brought about by some anti social act of human being, which the sovereign power desires to prevent.
b. the preventive measures taken by the states appear in the form of a threat of a sanction or punishment; and
c. the legal proceedings, wherein the guilt or otherwise of the accused is determined, are a special kind of proceedings
governed by special rule of evidence
The Criminal Law is the law which regulates social interests, arbitrates conflicting claims and demands.
Security of persons and property of the people is an essential function of the State.
Protection of society and stamping out criminal tendency must be the object of the law and which must be achieved by
imposing appropriate sentence.
In prescribing liability the criminal law adheres in general to the principle of proportionality according to the guilt of each
kind of criminal conduct.
A crime may be defined as an act fit for serious condemnation or an act which is looked down upon with disapprobation.
All acts tending to the prejudice of the community are not ‘crimes’, unless they are punishable under the law.
A crime is an act or omission which is prohibited by law.
A crime contains two basic elements:
a. mala-in-se: some of the traditional crimes like murder, theft and rape etc.
b. ‘mala-prohibita’: they differ from place to place.
Crimes are not static, they are relative
Crimes differ from country to country and time to time.
There is vast difference between crime, sin, vice and social wrongs as well as moral wrongs.
‘Sin’ is concerned with religion. Therefore if any person commits a sin, it is said that he will be punished by God himself.
Crimes can be classified in many ways such as:
a. Crime against body
b. Crime against property
c. Crime against public order
d. Economic Crimes
e. Crime against women
f. Crime against children
g. Cyber crime
h. Crimes in Railway
i. Other IPC Crimes
A Crime is an act committed or omitted in violation of public law forbidding or commanding it.
Commission of a crime involves four stages, namely:
a. Intention;
b. Preparation;
c. Attempt; and
d. Accomplishment.
Intention is the first stage in the commission of an offence.
‘Criminal intention’ means the purpose or design of doing an act forbidden by the criminal law without just cause or excuse.
Intention is a term which is very difficult to define. It can be variously said to mean the object, purpose.
Criminal intent is a psychological fact which is very difficult to prove.
The second stage in commission of a crime is ‘preparation’. Preparation means “to arrange the means or measures necessary
for commission of the intended criminal act.
The third stage in commission of a crime is ‘attempt’. It is also known as ‘Preliminary Crime’ and ‘Inchoate Crime’
(inchoate means incomplete).
The following are the essentials of attempt:
a. Guilty intention to commit an offence;
b. Some act done towards the commitment of the crime; and
c. The act must fall short of the completed offence.
Actual Commission of the offence is the final stage where the crime is actually done.
If the accused is one of the commission of crime, he may be an accomplice.
The new fifth stage of violent crime is reaction. Reaction is how the criminal feels about what he had done.
The term ‘tort’ is derived from the Latin word, ‘tortum’, which means ‘twisted’ and its equivalent word is ‘wrong’ or
‘wrongful act’.
Every tortious act does not amount to a crime, nor does every crime include a tort.
Both Crime and tort resemble each other in two respects, namely:
a. tort and crime are violation of right in rem; and
b. they are fixed by law irrespective of the consent of the parties, unlike contract
A Crime is a breach of the public rights and duties which affect the whole community.
A tort is a violation of the private rights of an individual.
Criminalization, in criminology, is "the process by which behaviours and individuals are transformed into crime and
criminals".
"Criminology" is derived from the Latin crimen, which means accusation, and the transliterated Greek logia, which has
come to denote "the study of," therefore the study of crime.
The etymology meaning of criminology is, it stands for study of the nature, extent, causes and control of criminal behaviour
in individual as well as in society.
Criminology is the scientific procedure to examine social and individual deviances from historical point of view.
Criminology is an inter-disciplinary field of study, which include behavioural, social and natural sciences.
In India crime and crime data relating to criminal incidences are recorded by National Crime Records Bureau (NCRB), an
instrument of ministry of Home Affairs, Government of India.
chief elements necessary to constitute a crime are:
a. A human being under a legal obligation has to act in a particular way and he is a fit subject for appropriate punishment
for his wrongful acts;
b. An act committed or omitted in furtherance of such an intent (actus reus);
c. An evil intent on the part of such a human being (mens rea);
d. An injury to another human being or to society at large by such act.
Among the elements of crime, actus reus and mens rea are considered as essential elements of crime.
Every act is made up of the following three factors:
a. Its origin in some mental or bodily activity;
b. Its circumstances;
c. Its consequences.
Every wrong is an act which is “mischievous” in the eyes of law.
The doctrine of mens rea is expressed in the familiar Latin maxim, “actus non facit reum nisi mens sit rea’ i.e., the act does
not make one guilty unless the mind is also guilty.
The following acts are considered as offences relating to mens rea under the IPC:
a. intentionally joining an unlawful assembly (S.142);
 b. harbouring rioters knowing fully well that they are rioters (S. 157);
c. fraudulently dishonestly or with intent to injure making a false claim in a Court (S. 209);
d. Fraudulent use of weighing instrument knowing it to be false (S.264);
e. Uttering words with deliberate intention to wound religious feelings (S.298).
Knowledge is the awareness, foresight or even the expectation of the consequence of an act, whereas intention is such
foresight coupled with desire.
The main difference between knowledge and intention is that in the case of intention, the consequence is desired whereas in
the case of knowledge, the consequence may or may not be desired
The last element of crime is injury. Injury means to cause harm to any person in body, mind, reputation or property.
there are four elements of injury, namely:
a. human being,
b. actus reus;
c. mens rea; and
d. injury
There are two databases that are consolidated by two different agencies in the government that are used to understand crime
data with respect to communal incidents in India.
a. The Ministry of Home Affairs database (MHA) and
b. The National Crime Record Bureau (NCRB)
MHA collects its communal incidents data from the states.
The NCRB also collects data from the State Crime Records Bureau of the State Government and compiles it into a Crime in
India Report.
The data is collected with the help of a standard template. The report has detailed information on various types of crimes.
The Bureau follows the ‘Principle Offence Rule’ for counting crime.
Efficient way of reporting crime is a very important factor in Crime investigation.
Present, crime reporting system in India is online FIR system or manual reporting in Police stations.
The uses of existing crime data include operational and resource allocation decisions by law enforcement, local and state
government agencies, and businesses and other groups
Crime data are also a critical source of information for program and policy evaluations by researchers in government,
academia, and the public and private sectors.
Schools of Criminologyy:
a. Pre - Classical School
b. Classical School
c. Neo-Classical School
d. Positivists School
e. Clinical School
f. Sociological School
Pre eighteenth century idea of crime causation was based on spiritual explanation of crime.
According to Beccaria the function of legal punishment is to ensure the continued existence of society as idealized as
reflected in social contract theory.
According to Taylor Beccaria has used social contract theory for the purpose of theorizing his idea of ‘social contract’.
Social contract theory set the limits of:
a. The manner in which state should react to the criminal
b. In the case of deviation, it prescribes labeling of such acts against those deviation
c. Social basis of criminal law
The classical School emphasizes the idea of ‘freewill’ and as method of reducing criminality suggests instrument of
‘punishment’ for diverting his ‘free will’
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit II - Crime Causation

Let us Recapitulate points dissussed in this module:
The pre classical school of criminology tried to explain causation of crime from religious perspective.
State can claim its full power to crush any deviance and while doing so proclaimed itself as an instrument of Nature or God.
State farmed various types of punishment to deal with the offenders.
Punishment should be of such a nature which may outweigh the benefits of their illegal actions.
Theories of Crime Causation
I. Genetic / Biological Theory of crime causation
i. Born criminal theory of Cesare Lambroso
ii. Psychological theory of Sigmund freud
iii. Psychopathology
II. Sociological Theory of Crime Causation
i. Anomie and Strain Theory
ii. The Ecological/ Social Disorganization Approach
iii. Edwin Sutherland’s Differential- Association Theory
iv. Labeling Theory
III. Economics and Crime Causation
i. Conflict Theory
ii. Radical Criminology
iii. Feminist
iv. Control Theories
v. Integrated Theories
Biological theories of crime causation are based on the assumption that the crime is inherited, and offenders differ from non-
offenders in physiological way
Born criminal theory was propounded by Lombroso criminals are atavists or throwback to more primitive beings.
Goddard’s studies suggested that feeblemindedness, inherited from generations were contributing in criminality.
Sigmund Freud who is regarded as a father of psychoanalytic approach in explaining behavior believes in the technique of
introspection.
Freud divided personality into three components: the id, ego and super ego.
Psychopath is the most commonly used terms to describe certain types of criminals and delinquents.
The term Psychopath is used to describe aggressive criminals who act impulsively with no apparent reason
Gough conceptualized psychopathy as inability to take role of other and the scale he developed to measure the role taking
ability scored lower for offenders than non offenders..
Ireland, Smith and Thornberry focus on the theory of development psychopathology. The basis of this theory is that
debvelopment is age-graded and hierarchical in nature.
Sociological theories relating to crime causation deals with different external factors, like some theories deals with social
class and/or family differences, some deals with blocked educational and occupational goal, some deals with effect of
official labeling.
Sykes and Matza rejected the idea of firm commitment to subculture values as necessarily a precursor of delinquent
behavior, as argued by Cohen, Miller and others.
In 1985 Agnew revised strain theory and promoted three type of strain which led into criminality:
a. Firstly the individual’s failure to achieve goals,
b. Secondly loss of a source of stability
Shaw and Mckay(1942) and later other found that crime and delinquency rates were not distributed equally within cities.
Sutherland’s differential association theory combines some of the principles of learning theory with a notion that learning
takes place in interaction within social group.
Sutherland approach discussed both deviant and normal social behavior as learned phenomena and indicates that primary
group is crucial in learning process.
Labeling Theory suggests that though many individual commit deviant act, but only some are dealt with officially.
One of the consequences of labeling in our society is that once labeled, the individual may never be able to redeem him or
herself in the eyes of society.
The labeling theory accurately describes how individuals become labeled, and why some maintain deviant careers, and some
of the possible consequences of labeling
Chambliss described conflict theories of crime as focusing on whole political and economic systems and on class relations in
those systems.
According to conflict theorists conflict is inherent in all societies and focus on conflict resulting from gender, race, ethnicity,
power, and other relationships.
Marxist Approach to criminology and delinquency finds the causes of such phenomena in the suppression of lower social
class by Ruling class.
Relative criminology became popular in the united state during 1970’s and 1980’s.
Feminism approach is studying crime and delinquency focuses on women’s experiences typically in the area of
victimization, gender difference in crime, differential treatment of women by justice network.
Control Theories assume that all of us must be held in check or controlled if we want to oppose to committing delinquent
and criminal acts.
According to Hagen and parker Life course capitalization theory proposes the low intergenerational educational aspirations
and educational under achievements is disadvantageous to adolescents and for this adult and parenting problem results.
Juvenile delinquency occurs when a minor violates a criminal statue
When a juvenile commits a crime, the procedures that take place differ from those of an adult offender.
According to the new law, age of juvenile for both male and female has been fixed at 18 years.
Under the Juvenile Justice (Care and Protection) Act 2015 juvenile defined under section 2 (35), “juvenile means a child
below the age of eighteen years”.
The juvenile delinquent is behavioral disorder which is generally defined as “a child trying or pretending to act like a grown
up or adult”.
According to W.H. Sheldon, Juvenile delinquency is “behavior disappointing beyond reasonable expectation”.
Frederick B. Sussmann presented a list of acts or conditions included in delinquency definition as “violation of any law or
ordinance, habitual truancy, association with thieves, vicious or immoral persons, and incorrigible beyond control of parent
or guardian and so on”.
According to Robison the legal term “delinquency” is “an umbrella for a wide variety of socially disapproved behavior that
varies with the time, place and the attitudes of those assigned to administer the law”.
Children have been the subject of prime focus of development planning, research, and welfare in India
The Juvenile Justice system, therefore, is not designed to respond to the needs of young offenders only.
The Constitution recognizes the special status of children through Articles 15(3), 24, 39(e) and (f), and 45. India‘s National
policy for Children, adopted in 1974, also declares that children are a supremely important national asset.
The Juvenile Justice (Care and Protection) Act 2000 enforced on 1st April 2001 becomes the sole repository of juvenile
justice in the whole of India, except the state of Jammu and Kashmir, since its enforcement on 1 April 2001.
The Juvenile Justice (Care and Protection) Act brings a child found in conditions of economic and social deprivation within
its protective jurisdiction.
Members of Juvenile Justice Board; A Board shall consist of a
a. Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be
b. Two social workers of whom at least one shall be a woman
 A magistrate to be appointed as a member of Board shall have special knowledge or training in child psychology or child
welfare.
A social worker shall be appointed as a member of the Board if he has been actively involved in health, education, or welfare
activities pertaining to children for at least seven years..
According to Section 41 (1) it is the primary responsibility of the family to provide care and protection to the children.
Sub clause 2 of the section 41 provides that adaptation shall be resorted to for children who are orphan, abandoned or
surrendered through such mechanism as may be prescribed.
According to Section 42 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
The foster care may be used for temporary placement of those infants who to be given for adoption.
Section 44, of The Juvenile Justice Act 2000 deals with the after-care organization.
Repeat offenders are also known as “life-course persistent offenders.
There are two main types of offenders: repeat offenders and age specific offenders:
a. Repeat offenders and
b. Age specific offenders
Repeat offenders continue to indulge in criminal activities or aggressive behaviors even after they enter adulthood.
The age-specific offenders leave their delinquent behavior behind when they enter adulthood.
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit III - Types of Crime

Let us Recapitulate points dissussed in this module:
White collar crime is first defined in criminology by Sutherland in 1939 as “a Crime committed by a person of respectability
and high social status in the course of his occupation"
"White collar Crime is could include fraud, bribery, insider trading, labor racketeering, embezzlement, cybercrime,
copyright infringement, money laundering, identity theft, and forgery.
White collar crimes are basically motivated by finance.
Blue collar Crime is crime committed by lower social class.
Blue collar crime not only includes low income earners in work, but also includes the unemployed who are also members of
the lower classes.
Blue collar Crime includes personal related crimes that can be determined by immediate reaction, such as during fights or
confrontations.
In India with the advancement of commerce and technology, globalization and liberalization white collar crimes are rapidly
increasing.
Increase in wealth and prosperity due to change in socio-economic scenario provides the opportunity to increase white collar
crime.
The growing incidence of white collar crime in India, the Law commission in its 29th Report observed that the modern
scientific and technological developments and monopolistic trends in business world have lead to enormous increase in
white collar crimes.
Due to the recent developments in the technology new dimensions to computer related crimes known as cyber crimes is
increasing day by day. As such, the white collar crimes are increasing with the development of new websites.
Government of India has introduced various regulatory legislations relating to white collar crime. Some of these legislations
are:
a. Essential Commodities Act 1955;
 b. The Industrial (Development and Regulation) Act, 1951;
c. The Import and Exports (Control) Act, 1947;
d. The Foreign Exchange (Regulation) Act, 1974;
e. Companies Act, 1956
f. Prevention of Money Laundering Act, 2002
Crimes like Bank fraud, Insurance Fraud, credit fraud etc to control and put check on such crimes Indian Penal Code contain
some provision which are related to such crime.
Offences which are punishable under Section 43 and 44 of the Information of Technology Act, 2000 are:
a. Unauthorised copying of an extract from any data.
b. Unauthorised access and downloading files.
c. Introduction of viruses or malicious programmes.
d. Damage to computer system or computer network.
e. Not providing access to an authorised person to a computer system.
f. To provide assistance to any person to facilitate unauthorised access to a computer.
Santhanam Committee was appointed in the year 1962 to investigate and combat investigation related to corruption
Santhanam committee was the first committee which provides great importance to the emergence of offences and mal-
practices known as “white-collar”.
The Santhanam committee provides various important suggestions they are:
a. To establish the vigilance commission;
b. To make anti corruption more effective it is required to review the public services and practical steps to be taken;
c. The committee provides the steps to be taken to fix the responsibilities of each department for checking corruption;
d. The committee also suggested making changes in law and making the law more effective so that speedy trial for
bribery, corruption, and criminal misconduct has been possible;
e. In order to liberalize the existing rules the Committee also suggested to form the central vigilance commissioner. And
accordingly in 1964 the central vigilance committee was constituted.
The 47th law commission report is based on the Trial and Punishment of the Social and Economic Offences
For the purpose of the 47th law commission report, white collar crime is a crime committed in the course of the business by
a member of upper class of the society.
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances
within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by
her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called
“dowry death” (Sec. 304B IPC)
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but
which may extend to imprisonment for life.
Dowry is generally, that which the wife gives the husband on account of marriage, and is a sort of donation made with a
view to their future maintenance and support.
To constitute an offence under Section 304–B the following essentials must be satisfied.
a. The death of a woman must have seen caused by burn or bodily injury or otherwise than under normal circumstances;
b. Such death must have occurred within seven years of her marriage;
c. Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relatives of
her husband;
The husband and husband’s relatives shall be presumed to have caused a ‘dowry death’ and shall be liable for the offence
unless it is proved otherwise.
The Explanation to Section 498 A gives the meaning of “cruelty”.
As per that Sec. 498A IPC “cruelty” means “any wilful conduct which is of such a nature as it likely to drive the woman to
commit suicide or to cause grave injury or danger to life etc. or harassment to coerce her or any other person related to her to
meet any unlawful demand for any property or valuable security or is an account of failure be her or any person related to
her to meet such demand”
In India Trafficking is not a modern day development but it existed even during ancient and medieval periods
Prostitution has been an old age practice in India.
During the medieval period sale and purchase of women was very common.
Women are forced to work in the desire for maximum profit margins, and a very little has been spend on adequate food,
shelter and safe condition.
The trafficked women and children face almost the same violence, same health consequence and sexual abuse as women and
children who are battered and raped.
According to the constitution of India Article 23 provides the right against exploitation.
‘Devdasi’ is a practice in which young girls has been dedicated before Gods and Goddesses by their superstitious parents.
As per Article 39 clause (e) of the constitution the state should direct the its policy towards securing the tender age of
children not abused.
Article 39 clause (f) provided that State direct policy towards securing childhood and youth are protected against
exploitations and moral and material abandoned.
According to Section 366 A of the Indian Penal Code, 1860 if some induces a minor girl under the age of 18 years to go
from any place or to do any act which is likely to be intended to force or seduce to illicit intercourse with another person
shall be punishable with imprisonment which may extent to ten years and shall also be liable to fine.
Under section 366 B Of IPC, If a girl whose age is below 21 years and has been imported from outside of India with the
intention to either seduce or compel her to have illicit intercourse with another person it amount to a offence.
A brothel or bordello is a place where people engage in sexual activity with prostitutes, who are sometimes referred to as sex
workers. Technically, any premises where prostitution commonly takes place qualifies as a brothel
According to section 2(a) of the Immoral Traffic (Prevention) Act, 1956, brothel means any house, place or any portion of
the house which is used for the purpose of sexual exploitation or abuse, for the gain of another person, or for mutual gain for
two or more prostitutes.
Essential ingredient of brothel is that a girl/ lady should be a person offering her body for promiscuous sexual intercourse
for hire.
Any person who induces a person to take prostitute and moves from one place to another intend to carry his or her on
prostitution is also liable to be punished under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 366,
372, 373 of The Indian Penal Code
The arrest of the women involve in the prostitution is liable to be punished which may extend from seven years to life
imprisonment under Section 8 of the Immoral Traffic (Prevention) Act, 1956
Section 10 of the Immoral Traffic (Prevention) Act, 1956, provides rehabilitation and correction of female and child offender
who found guilty of offence.
The sex determination through scientific methods resulting in female foeticide. This is commonly known as sex-selection
Sex-selective abortions have become an alarming social evil in several parts of India.
According to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PNDT)
individual practitioners, clinics or centers cannot conduct tests to determine the sex of the foetus or inform the couples about
it.
Legislation is required to regulate the use of such techniques and to provide deterrent punishment to stop such inhuman
act."A Bill was introduced for this purpose in 1991 in the Lok Sabha.the objective of the Bill is to achieve the following
objectives;
a. Prohibition of the misuse for pre-natal diagnostic techniques for determination of sex of foetus, leading to female
foeticide
b. Prohibition of advertisement of pre-natal diagnostic techniques for detection or determination of sex.
c. Permission and regulation of the use of pre natal diagnostic techniques for the purpose of detection of specific genetic
abnormalities or disorders.
d. Permitting, the use of such techniques only under certain conditions by the registered institutions
e. Punishment of for violation of the provisions of the proposed legislation
The PNDT Act, 1994 (as amended by 2002 Amendment) provide for the prohibition of sex selection, before or after
conception, and for regulation of pre-natal diagnostic techniques.
Pre-natal diagnostic techniques is allowed by the act to be conducted only for the purposes of detection of any of the
following abnormalities such as.
a. Chromosomal abnormalities;
b. Genetic metabolic diseases;
c. Haemoglobinopathies;
d. Sex - linked genetic diseases;
 e. Congenital anomalies, or
f. Any other abnormalities or diseases specified by the Central Supervisory Board.
Pre-natal diagnostic techniques include all pre-natal diagnostic procedures and pre-natal diagnostic tests.
The Appropriate Authority has the powers to cancel or suspend a registration if it is found that such a centre has misused
diagnostic technique.
If the woman was compelled by her husband or relative to undertake such diagnosis techniques. Such person shall be liable
for abetment of offence under Sec. 23 (3) of the PNDT Act.
Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code; 1860 and describes it as intentionally
causing miscarriage.
Following are the reason for which Termination of pregnancy is permitted:
a. When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical
or mental health;
b. When there is substantial risk that the child, if born, would be seriously handicapped due to physical or mental
abnormalities;
c. When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
d. When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to
constitute grave injury to mental health of the woman).
According to the Medical termination of Pregnancy Act, 1971 pregnancy can be terminated only by a registered medical
practitioner (RMP) who meets the following requirements:
a. The person who has a recognized medical qualification under the Indian Medical Council Act.
b. The person whose name is entered in the State Medical Register.
c. The person who has such experience or training in gynecology and obstetrics as per the Medical Termination of
Pregnancy Rules.
Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or
cohabitation.
Domestic Violence involves abuse of power. It is required to achieve universal respect for the right of women
Domestic violence arises when a family member, partner, or ex-partner attempts to physically or psychologically dominate
or harm the other.
The protection of Women from Domestic Act, 2005 is a central enactment which is meant to provide protection to the wife
or female live in partner from the violence husband or male live in partner or his relatives.
A woman who is the victim of domestic violence has the right to the service of police, medical establishments and shelter
homes.
The protection of Women from Domestic Act, 2005, covers wide range of domestic violence and covers all ages, all types of
women.
An aggrieved woman may file a complaint against any adult male member who is or has been in domestic relationship with
her.
The Criminal Law Amendment Act has recognised certain acts as offences. Such new offences have been incorporated in
Indian Penal Code are:
a. Acid Attack
b. Attempt to Acid Attack
c. Sexual Harassment
d. Act with intent to disrobe a woman
e. Voyeurism
f. Stalking
Sec. 326 A of the Indian Penal Code, deals with the acid attacks
Sec. 326 B of the Indian Penal Code deals with the attempt to acid attacks
Sec. 354 A of the Indian Penal Code deals with the sexual harassment.
Sec. 354 B of the Indian Penal Code deals with the offence committed with the intent to disrobe a women
Sec. 354 C deals with the Voyeurism. Only women are protected under this Sec.
Sec. 354 D of Indian Penal Code protects women from being stalked.
 Terrorism is the unlawful use of force or violence against persons or property to threaten or compel a government or its
citizens to further certain political or social objectives.
The common definition of Terrorism is the systematic use or threatened use of violence to intimidate a population or
government for political, religious, or ideological goals. International Terrorism is not a new phenomenon.
The word “Terrorism” is used during the French Revolution of 1789 is used to describe the conduct of revolutionaries
The word Terrorism is popularly refers to an act that is wrong, evil, illegitimate, illegal, and a crime.
Terrorism also caused because of Poverty
Natural Disaster also creates the opportunity for terrorism. Natural disasters create strain and hardship within societies.
Political factors like government suppression leads to terrorism.
Repression can also appear in more violent forms.
A United Nations General Assembly resolution in 1985 found that one of the underlying causes of terrorism was racism and
massive human rights violations.
Fund of Terrorism is also termed as terrorism financing. Activities that provide the finance or financial support to either
individual terrorists or non- state terrorist referred to as terrorism financing.
Depending on the country, the political system, and the time in history, the types of terrorism are varying. In India terrorism
is subdivided in four major groups:
a. Ethno-nationalist terrorism;
b. Ethno-nationalist terrorism;
c. Left-wing terrorism;
d. Narco-terrorism
Any person who commits terrorists act and such act resulted in death of any person shall be punishable with death or
imprisonment of life and fine.
the legislations in force to check terrorism in India are:
a. National Security Act, 1980
b. Unlawful Activities (Prevention) Act, 1967
c. Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)
d. The Maharashtra Control of Organised Crime Act, 1999 (MCOCA)
e. Prevention of Terrorism Act, 2002 (POTA)
British ruler adopted the divide and rule policy in India due to the antagonism between Hindu and Muslims
International crime may refer to: Crime against international law. Crime against humanity. Crime against peace.
The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and
war crimes.
International crimes can be categorized as either criminal offenses against the world community acts of terrorism or war that
threaten world order and security; crimes against humanity, and genocide or transnational criminal acts, including drug
trafficking, trans-border organized criminal activity, counterfeiting, etc.
A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting
adults; because it is consensual in nature, there is arguably no true victim. Examples of these types of crimes include
possession of illegal contraband and atypical sexual behavior.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act.
NDPS Act is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell,
purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March 1986.
The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985.
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology

7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit IV - The Police and Criminal Justice System

Let us Recapitulate points dissussed in this module:
The primary duty of police is to safeguard the lives and property of people.
The Police are basically concerned with the maintenance of law and order and security of person and property of
individuals.
The modern police is duty bound to protect public against physical dangers, regulate traffics, ensure security of high
officials, preserve law etc.
The term ‘police’ has been derived from the Latin word ‘politia’ this means the condition of a Polis or State and from the
Greek word ‘Politeia’ which stands for ‘State’ or ‘administration’.
During 18th Century United Kingdom witnessed a considerable increase in crimes of violence. A police force was set up by
the Middlsex Justice Act to arrest and maintain a check of growing crime and criminals.
A regular system was established in England by the Act of Parliament which was passed in 1787 for maintaining peace of
Ireland. The constables were liable to maintain law and order in the society.
There are references of existence of police system in epics namely, Mahabharata and Ramayana
The ancient history of Indian reveals that there was well organised police force during the period ancient Hindu rulers-
Dandapala,
Durgapala
Antpala

During Gupta period, police officials were:

Dandika
Chauro
Dhanmika
Dandaparika

During Mughal Period, ‘fauzdar’ were in-charge of the complete police force and the number of sub-ordinate officials called
as ‘Darogas’.
According to the Regulations of 1816, village headmen were made ex-officio heads of police.
A Police Commission was appointed in August 1860 with the aim of making police an efficient instrument for the
prevention and detection of crime.
The Indian Police Act, 1861 imposed a uniform police system on the entire country and established organized police forces
with the responsibility of the various provincial governments.
Modern police in India is primarily concerned with detection and investigation of crime and apprehending criminals by
making arrests.
After the Independence of India, the police system was transformed from police State to Welfare State which has brought a
radical change in the activities and functioning of the police.
The hierarchy of police working in the State police force includes:
Director General of Police
Inspector General of Police
Deputy Inspector General of Police
Superintendent of Police
Deputy Superintendent of Police
Circle Inspectors
Sub-Inspectors
Assistant Sub-inspectors
Head Constables
 Recruit Constables

The Superintendent of Police is in-charge of the entire police force in the District and is responsible to the District
Magistrate.
In the Metropolitan cities the powers of Superintendent of Police and of the District Magistrate are combined in one single
official called the ‘Police Commissioner’.
The Constitution confers exclusive power on the States to control and regulate the functioning of the police as the
maintenance of police order and police, including the railway and village police are State subjects.
Hierarchy of Police under the State Government:
Director General of Police (DGP) [In-charge of the State]
Additional Director General of Police (Addl. DGP)
Inspector General of Police (IGP) [In-charge of a zone]
Deputy Inspector General of Police (Dy. IGP) [In-charge of a range, which comprises a group of districts]
Senior Superintendent of Police (SSP) [In-charge of the bigger District]
Superintendent of police (SP) [In-charge of the District]
Deputy Inspector General of Police (Dy. IGP) [In-charge of a range, which comprises a group of districts]
Additional Superintendent of Police
Assistant/ Deputy Superintendent of Police (ASP/Dy. SP)
Inspector of Police [In-charge of a Police Station]
Sub-Inspector of Police (SI) [In-charge of a smaller Police Station]
Assistant Sub-Inspector of Police (ASI)
Police Head Constable (HC) [Staff of the Police Station]
Police Constable [Staff of Police Station]

The Central Government is concerned with the administration of Central Police Reserve Force, the Border Security Force
and the Central Industrial Security Force and the Central Bureau of Intelligence & Investigation.
Article 355 of the Constitution of India, specifies that it is the duty of the Centre to protect the States against internal
disturbances and to ensure that the governance of every State is carried in accordance with the provisions of the
Constitution.
Legal functions of Police
Patrolling and Surveillance
Preventive functions
Investigation by police
Interrogation of Offenders & Suspects
Search & Seizure

A death in custody is a death of a person in the custody of the police, other authorities or in prison.
The Supreme Court put emphasis on the need to organise special strategies to prevent and punish brutally of police
methodology. [Raghubir Singh v. State of Haryana, AIR 1974 SC1516]
The Supreme Court reiterated that if the accused is beaten or tortured in any way during the course of investigation by the
Police, it will be taken as a case of custodial torture. [Yusuf Ali v. State of Maharashtra, AIR 1968 SC 150]
The Court observed that while dealing with cases of custodial torture in police stations, the police instead of becoming the
protector of law, they have become engineer of terror which puts the victim in fear. [Niranjan Singh v. Prabhakar Rajaram,
AIR 1980 SC 785]
“Handcuffing is prima facie inhuman and therefore unreasonable, it is over-harsh and arbitrary. Absent fair procedure and
objective monitoring to inflict ‘irons’ is to resort to zoological strategies repugnant to Art. 21 of the Constitution of India.”
[Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535]
The Ministry of Home Affairs has been supplementing resources of states under the Modernization of Police Forces (MPF)
scheme.
The MPF scheme was initiated in 1969-70 and has undergone several revisions over the years.
The Central Finger Print Bureau was set up at Calcutta in the year 1956.
The Crime Record Bureau in the Central Bureau of Investigation was set up in the year 1964.
The Bureau of Police Research and Development head-quartered in Delhi is actively involved in scientific research and
development of new technologies in police investigating methods.
At present, there are more than 200 forensic laboratories functioning in India including eight central laboratories and 138
mobile units which function under different State Governments.
An Advisory Committee at Police Commissioner’s level and at the State level has been constituted in different parts of India
consisting of members belonging to all political parties.
The Committee was established to deal with the issue of corruption in the police system this leads to the criminalisation of
the force.
In every District, there should be a crime prevention cell which should be headed by officers who have specialised in crime
prevention work.
These Committees serve as an effective media to improve police and public relationship.
The relationship between Police and Media has often been described as symbiotic, and can be characterized as ebbing and
flowing in terms of the power dynamics that exist.
The increasing professionalization of police media communications activities has further challenged the nature and scope of
the police–media relationship.
Lawlessness is a state of disorder due to a disregard of the law.
Policing is one of the most important requirements of a peaceful coexistence of the society.
There are three ways of policing-
There is watchman which emphasizes maintaining order;
There is legalistic that emphasizes law enforcement and professionalism;
There is service which focuses on the treatment of the individual.

It is essential to understand the meaning and importance of ethics while dealing with or explaining the discipline amongst
Police.
India has joined Interpol in 1949 and is one of the oldest members of Interpol.
‘INTETPOL’ (International Criminal Police Organisation) was established to maintain the direct contact with the Police
forces outside the ordinary channels of diplomacy.
Interpol has assumed great importance in recent years due to rising incidence of drugs trafficking, gold smuggling, forgery of
passports and other important documents etc.
Interpol Wing of the C.B.I. which is the National Central Bureau for India endeavours to maintain close and continuous
liaison with various departments and police organisations within the country on one hand and with the General Secretariat of
the ICPO-Interpol and the foreign National Central Bureau on the other.
The activities of Interpol also includes:
searching and chasing of international criminals
circulation of information regarding crimes held at international platform, criminal gangs received from member
police forces
assisting in arrest of international criminals and making arrangements for keeping them under surveillance etc.

Interpol enables the police forces in various countries to co-ordinate their work effectively in the areas of law enforcement
and crime prevention.
Interpol refrains from indulging in any activity relating to cases which have a political, military and religion character.
The criminal justice system may be defined as a series of Government agencies and institutions, which have their goals to
identify the law breakers and unlawful individuals and to impose punishment in them.
The criminal justice system is complex part of society and it plays an important role in our lives. Every individual is
responsible to enforce rule of law.
The primary institution of the criminal justice system are-
Police
Prosecution/ Defence Lawyer
Courts
Prisons

It includes the institutions/ agencies which are established by the Government to control crime in India, it also includes
components like police and Courts.
Aim of criminal justice system is to protect the rights and personal liberty of individuals in the society.
There are various codified provision in India related to criminal law such as Indian Penal Code, Criminal Procedure Code;
Dowry Prohibition Act; etc.
The criminal justice system can impose penalties on those who violates the established laws; punishment to law violators.
The criminal law and procedure is the matter of Concurrent List of 7th Schedule of the Constitution of India.
The essential object of criminal law is to protect society against criminals and law-breakers.
Objectives of The Criminal Justice System
To prevent the occurrence of crime
To punish the transgressors and the criminals
To rehabilitate the transgressors and the criminals
To compensate the victims as far as possible
To maintain law and order in the society
To deter the offenders from committing any criminal act in the future

Right of an Accused or an Arrested Person can be bifurcated into:

At the time of arrest
At the time of trial

Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars
of the offence for which he is arrested or other grounds for such arrest. [Sec. 50(1), ICP]
Article 22 of the Constitution of India also confers fundamental right on every arrested person to be informed the grounds of
his detention.
Provisions of Sec. 50A, Cr.P.C. are mandatory in nature, it means that the police officer is bound to inform about the arrest
of the person to his friend, parents, and relative or to some nominated person.
Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall
inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. [Sec.
50(2), Cr.P.C.]
A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein
contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer
in charge of a police station. [Sec. 56, Cr.P.C]
Person arrested to be brought before Court without delay [Sec. 76, Cr.P.C]
Article 22(1) of the Constitution of India confers on every person who is arrested, the right to consult a legal practitioner of
his own choice.
The arrested person is also entitled to free legal aid if he is an indigent person [D.K Basu v. State of West Bengal, AIR 1997
SC 610]
No one can forcibly extract statements from the accused and that the accused has the right to keep silent during the course of
interrogation. [Nandini Sathpathy v. P.L. Dani, AIR 1978 SC 1025]
the constitutional rights cannot be denied if the accused failed to apply for it. It is clear that unless refused, failure to provide
free legal aid to an indigent accused would vitiate the trial entailing setting aside of the conviction and sentence
The concept of ‘plea bargaining’ was originated in the 19th century under the American Judiciary.
Sec. 265A to 265L of Cr.P.C. deals with ‘plea bargaining’.
Plea bargaining has a wide scope than pleading guilty for an offence.
In plea bargaining we can say that there is an implied conduct of pleading guilty.
There are two kinds of plea bargaining as mentioned in the International Jurisprudence:
Express plea bargaining
Implicit plea bargaining

Express plea bargaining occurs when an accused or his lawyer negotiates directly with a prosecutor or with the trial Judge
concerning with the benefits which may follow the entry of a plea of guilty.
Implicit plea bargaining occurs without any face to face negotiations. In this the trial Judge, establishes a pattern of treating
the accused who plead guilty more leniently than those who exercise the right to trial, and the accused therefore come to
expect that the entry of guilty pleas will be rewarded.
The system of plea bargaining was introduced as a result of criminal law reforms which was introduced in the Criminal Law
(Amendment) Act, 2005.
 According to Sec. 265B the process of plea bargaining starts with an application from accused.
Constitutional governance in a democratic set up is the safest guarantee for the protection of human rights in a country.
Equal respect for the rights of all sections of the society is necessary to obtain full human resource development respecting
the basic human right of non-discrimination.
The administration of criminal justice is composed of various components such as police, prosecution, defence, Courts and
correctional institutions.
The adversarial system presumes that the best way to get the truth is to have an adversary system which presumes the best
way to get the truth is to have a contest between two sides, the State or the prosecution and the defence.
The criminal law and procedure in India is based on the English law of crime which is suited to the changing needs of the
Indian society and its tradition.
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

Unit V - Correctional Institution and Crime Prevention

Let us Recapitulate points dissussed in this module:
Probation is an alternative model of doing justice.
The term 'Probation' is a derivative of the Latin word 'probare' which means 'to test' or to 'prove'
According to Homer S. Cunnings, "Probation is a matter of discipline and treatment".
According to Don M. Gottfriedson, probation by which a convict is released by the Court without imprisonment subject to
conditions imposed by Court.
In India objective of punishment has been to reform the criminal. Probation as mode of reform of offenders has been
introduced for the first time under Sec. 562 of the old CrPC, 1898 and it was incorporated under Sec. 360 and 361 of the
new CrPC, 1973.
The Indian Jail Reforms Committee has classified the first offenders under two categories namely:
a. Male adults over twenty one years of age;
b. Young male adult under twenty years of age; and
c. Female offenders of any age.
Under Probation system, accused is not send to incarceration but under strict conditions, may be allowed to join his society.
Probation is a reflection of reformative school of sentencing.
Parole as a concept is known better under military law connoting release of a prisoner of war on promise to return.
According to Sutherland, parole is the liberalization of an inmate from prison or a correctional institution on condition that
his original penalty shall revive if those conditions of liberation are violated.
In India parole system has given importance to reform the worst treatment faced especially by political sufferers in prisons
Valid grounds for parole in India:
a. Emergency health related problems of the prisoners; and
b. Exceptional circumstances prevailing at the home of the prisoner.
Parole provides opportunity to the prisoner to transform himself into a useful citizen.
In India parole system consist of the following three main agencies namely:
a. Parole Board
b. Case Investigators; and
c. Parole Supervisors
Open Jail system is essentially based on two wheels of prison reform, namely, probation and parole
The Universal Declaration of Human Rights, 1948 provides the following rights for the prisoners:
a. Art. 5: Prohibits torture and inhuman and cruel punishment
b. Art. 6: "A prisoner does not cease to be a person"
The Prison Act, 1900 deals with the people confined by order of the Court
Types of prisons
a. Central Jail
b. Women Jail
c. Borstal School
d. Open Jail
e. Special Jail
Open Jail represents that type of prison in which prisoners with good behavior satisfying certain norms prescribed in the
prison rules are admitted.
Prison labor is a form of unfree labor. It is the forced labor done by the convicts in a prison.
The prisoners may have to do even hazardous labor.
Penal labour is a generic term for various kinds of unfree labour which prisoners are required to perform, typically manual
labour.
The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included
involuntary servitude, penal servitude and imprisonment with hard labour.
The word 'Hard Labour' describes the punishment exactly. Prisoners were often used as the main work force in quarrying,
building roads or labouring on the docks
Criminals could be sentenced for just a few days, weeks or even years. Prisoners were also set to hard labour within the
prisons themselves.
The prison system or theraupatic approach and reforms in India can be traced back by making a reference to the following
three phases, namely:
a. Period of ancient India;
b. Period of Moghals Rule;
c. Period of British Rule;
d. Period of independent Indian Rule.
The concept of prison in modern days is visualized as something based on reformatory jurisprudence.
According to most traditional view prison rules are 'directory' and not 'mandatory'.
Humane condition of prison is another approach in the modern prison administration. Prisoner must be allowed to enjoye
basic human rights
Prisoners or inmate can be divided into two categories, namely:
a. Convicts
b. Under-trial prisoners
Convicts are those who are undergoing punishments
Under-trial prisoners or those who are under judicial custody and detained in prisons awaiting trial of their cases by the
competent Courts.
Under Sec. 436 of CrPC a person is entitled for his release on bail when he os willing to furnish bail
Prison facilities run by private prison corporations whose services and beds are contracted out by state governments or the
Federal Bureau of Prisons (BOP). Probation. Probation refers to adult offenders whom courts place on supervision in the
community through a probation agency, generally in lieu of incarceration
Problems of prison
a. Over crowding
b. Problems of reforms in prison inmates
c. Basic amenities
d. Ignorance in/about rights of prisoners
 e. Problem of under-trials
f. Suicide in prison
The modern prison Jurisprudence revolves around three basic ideas, they are:
a. Prisoner's reform;
b. Humane conditions of prison; and
c. Humane prison administration.
In 1836, the first comprehensive study on prison administration was started by Lord Macaulay. A Prison Discipline
Committee was constituted
Prison movement is no more of Municipal jurisdiction. Protection of human right is erga omens.
John Lewis Gillin refers to five ways in which the work culture can change prison life. They are:
a. Alleviation of tedium of prison life;
b. Repression of crimes;
c. Production of economic commodities;
d. Reformation; and
e. Prison discipline.
When it comes to four system in which the work force could be utilized, may be:
a. Lease system;
b. Contract system;
c. Piece-price system; and
d. Public work system.
According to Hobbes, punishment is for the transgression of rules; and it is inflicted by legally authorized persons.
As per Bentham, punishment is an empirical question of desire and of the infliction of sufficient pain to provide an effective
deterrent
Punishment may be defined as an evil resulting to an individual from the direct intention of another, on account of some act
that appears to have been done, or omitted
‘Punishment’ is synonymous with ‘penalty’. And ‘liability’ and ‘forfeiture’ are synonymous with ‘punishment’ in
connection with crimes of the highest grade.
‘To punish’ means to impose a penalty upon; to afflict with pain or loss or suffering for a crime on fault.
As per New Roget’s Thesaurus Dictionary, the synonyms of ‘punishment’ are ‘penalty, liability, forfeiture, conviction,
domination, purgatory, penance, nemesis, castigation, penalisation, discipline, correction, desertion’.
According to Prof. Hart, the elements of punishment are:
a. It must involve pain or other consequences normally considered unpleasant;
b. It must be for an offence against legal rules;
c. It must be of an actual or supposed offender for his offence;
d. It must be intentionally administered by human beings other than the offender;
e. It must be imposed and administered by an authority constituted by a legal system against which the offence is
committed.
The appropriateness of the nature and measure of sentence in each case depends upon the gravity of offence, the position and
status of the offender, the previous character and the existence of aggravating or extenuating circumstances.
According to Jerome Hall, the nature of punishment can be drawn with reference to the following characteristics:
a. punishment is a privation (evil, pain);
b. punishment is coercive;
c. punishment is inflicted in the name of the State; it is authorised;
d. punishment presupposes rules, their violations and a more or less formal determination of that, expressed in a
judgment;
e. punishment is inflicted upon an offender who has committed a harm and this presupposes a set of values by reference
to which both the harm and the punishment are ethically significant;
f. The extent or the type of punishment is related to the commission of a harm, e.g., proportionately to the gravity of the
 harm, and aggravated or mitigated by reference to the personality of the offender, his motives and temptation.
In every crime there are three elements to be taken into consideration in determining the appropriate measure of punishment.
They are:
a. The motives to the commission of the offence:
b. The gravity or magnitude of the offence:
c. The Character of the Offender:
The greater the sum of the evil consequences of the offence, the greater will be the punishment imposed by law.
In proving a particular criminal act, law does not consider the past character of the accused according to the law of evidence.
However, once his guilt is proved in the Court, the law then considers his past character in measuring the punishment.
Various theories are advocated to explain the purposes of punishment, namely:
a. Retributive Theory of Punishment;
b. Deterrent Theory of Punishment;
c. Preventive Theory of Punishment;
d. Expiatory Theory of Punishment; and
e. Reformative Theory of Punishment

According to Retributive Theory, it is right and proper, without regard to ulterior consequences that evil should be returned
for evil.
Retribution, in this sense, is based on the saying: “An eye for an eye, a tooth for a tooth, a limb for a limb, and a life for a
life”.
According to Plato “if justice is the good and the health of the soul as injustice is its disease and shame, chastisement is their
remedy - If the man is happy when he lives in order, then when he is out of it, it is of importance to him to enter into it
again, and he enters it through chastisement.
Kant said that, “punishment cannot rightly be inflicted for the sake of any benefit to be derived from it, either by the criminal
himself or by society, and that the sole and sufficient reason and justification of it lies in the fact that the evil has been done
by him who suffers it”
According to Salmond the retributive purpose of punishment consists in avenging the wrong done by the criminal to society.
The purpose of punishment is thus to gratify the desire for vengeance by making the criminal pay with his body.
Retributive theory theory has been criticised as it ignores one of the main purposes of punishment, viz., to reform the
criminal.
Reformation is not possible by returning the evil to the wrong-doer
Punishment is said to be deterrent when it is inflicted with the object of showing the futility of crime and setting a lesson
unto others.
Salmond says that “punishment is before all things deterrent, and the chief end or law of crime is to make the evil-doer an
example and a warning to all that are like- minded with him”.
The highest punishment of death is justified if the offence is very grave and such a punishment is called for to deter other
people from committing similar offences.
Punishment, according to deterrent theory, should be so drastic as to strike terror into the hearts of people who may be
criminally disposed.
According to the exponents of the theory of deterrent punishment, punishment is meant to prevent other persons from
committing similar offences.
If deterrence alone is treated as the object of punishment, punishment will tend in the direction of cruelty.
Deterrent theory has also been criticized on the ground of its severity.
Deterrent theory is based on the presumption that an offender weighs the pros and cons of his act and in doing so the
prospect of deterrent punishment would prevent him from consummating his evil designs.
Salmond and Holmes are the main supporters of Preventive Theory
Justice Holmes says, “There can be no case in which the law-maker makes certain conduct criminal without his thereby
showing a wish and purpose to prevent that conduct.
Prevention would accordingly seem to be the chief and only universal purpose of punishment
Salmond says, “we hang murderers not merely that it may put into the hearts of others like them the fear of a like fate, but
for the same reason for which we kill snakes, namely, because it is better for us that they should be out of the world than in
it”.
 The preventive theory says that the punishment is for the purpose of disabling or preventing the offender from committing
the offence again.
Preventive mode of punishment works in three ways -
a. by inspiring all prospective wrong-doers with the fear of punishment;
b. by disabling the wrong-doer, and
c. by transforming (by re-education) the offender so that he would not commit crime again
The main critic of the preventive theory is Kant. He says that this theory treats a man as a thing, not as a person, as a means
not as an end in itself
Expiatory theory is linked with the retributive theory and is, sometimes, considered to be a part of it.
Hegel and Kohler are the main supporters of Expiatory theory. Hegel says that the punishment makes the criminal to expiate
for the wrong done. This theory is based on morals.
According to Expiatory theory if the offender expiates or repents for the crime, he should be forgiven - as his expiation or
repentence is itself a punishment.
Reformative theory owes its origin to the Italian school headed by Lombrosa and the French writer La Gassaque.
The sociological school headed by Ihering has evolved this theory of punishment according to which criminal sanctions
should be adjusted to the criminal and not the crime.
Reformative theory points out that a crime is a disease so proper care should be taken of those who have committed a crime
instead of awarding a severe punishment.
Reformative theory makes a study of the psychology of the criminal and takes punishment as a means to a social end.
One fruitful development of the reformative theory is the idea of individualisation of penalty.
As Prof. Vinogradoff observes: “The Judge stands to the criminal in the position of the doctor who selects his remedy after
diagnosing the disease and the resources of the patient’s organization”
So, Salmond levels three objections against the purely reformative theory. They are:
a. If criminals are sent to prison in order to be transformed into good citizens, prisons will be turned into dwelling houses
far too comfortable to serve as any effectual deterrent to such class of persons;
b. There are in the world men who are incurably bad and are beyond the reach of reformative influences;
c. Crime will be a profitable industry which will flourish accordingly.
Reformative theory has been criticised on the ground of its limited application.
Salmond concludes that the perfect system of criminal justice is based on neither the reformative nor the deterrent principle
exclusively, but the result of a compromise between them.
The law has a long hand in effecting various punishments from detention to death. The whole matter of punishment may be
distributed under the following heads:
a. Capital Punishment:
b. Afflictive Punishments:
c. Indelible Punishments:
d. Ignominious Punishments:
e. Penitential Punishments:
f. Chronic Punishments:
g. Punishments Simply Restrictive:
h. Punishment Simply compulsive:
i. Pecuniary Punishments:
j. Characteristic punishment:
The offence spreads alarm; the punishment re-establishes security. Offence is the enemy of all; punishment is the common
protector.
List of References
Sr. No. Details
1 Ahamed Siddique-Criminology Problems and Perspectives
2 Dr. M. Ponnian-Criminology and Prnology
3 Dr. Rajendra K. Sharma-Criminology and Penology
4 Dr. Sirohi-Criminology
 5 Paranjape-Criminology
6 Bames and Teeters-New Horizons of Crminology
7 Sutherland-Criminology
8 Taft and England-Criminology
9 Siegel-Criminology

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