Presented By:

KANICA CHUGH
 Crime

 Crime is defined as an offence that is against the law
of the land. It is also defined as an unlawful act
which is an offence against the public. It is a breach
of criminal law. It is also an omission or violation of
the law.
 Crime is human conduct that violates the criminal
laws of a state, the federal government, or a local
jurisdiction that has the power to make and enforce
the laws.
 Legal Characteristics of Crime

In order for a crime to have occurred, it is necessary to show that
an individual actually:
 Performed the actual crime, which is known as the actus reus
(The actus reus in criminal law consists of all elements of a crime other
than the state of mind of the defendant. In particular, actus reus may
consist of: conduct, result, a state of affairs or an omission.)
 That the act was intentional and purposeful, which is known as
the mens rea. (The intent to commit a crime is officially known as
“mens rea,” which is Latin for “guilty mind.”)
 Concurrence: In order to have a crime, you need the act and
mental state to occur at the same time. You cannot have one
without the other. This is known as concurrence, and it is the
final basic component of crime.
Classification of Crime

Felonies

Misdemeanors

Violations
 Felonies

Felonies are the most serious of crimes that one can
commit. Felonies are punishable by one year or more
imprisonment. In fact, there are some states which
impose the death penalty for certain types of felony
crimes.
Felony crime includes personal crimes, such as murder,
robbery and rape. Other types are crimes against
property, including burglary or larceny.
 Misdemeanors

Misdemeanors are less serious crimes. These crimes are
punishable by less than one year imprisonment. Examples
of misdemeanors include assault, molestation or even
harassment at the workplace.

Violations (also known as infractions)

Violations are less serious than misdemeanors and include
traffic violations or violations of town or city ordinances.
Crossing signal, speed violation
 Types of Crime

 Against individuals: often called personal crimes. The harm that is
sustained due to a personal crime is always against a person. This category
of crime includes: Murder, Forcible rape, Robbery, Aggravated assault,
Terrorism

 Against Property: called property crimes, which are not directed

specifically at individual people but aimed at property. With property
crime, the property may be destroyed or the property may be defaced.
Usually, people are not injured, but it is possible that individuals may be
harmed, such as in arson. Crimes against property include: Burglary, theft,
Arson.

 Against State Security: This section explores crimes against the nation,
such as treason, sedition (Advocating or printing matter that advocates the
forceful or violent overthrow of the government), sabotage (Varies: either
destroying, damaging, or producing defective property that impedes
defense capabilities), espionage (Spying) and Terrorism.
 Causes of Crime/
Characteristics of Criminal

Poverty, poor living condition, discrimination, poor education are the
causes of committing crimes. It is also the result of society’s failure to
produce a decent life for all the people equally. Generally crimes are
committed with an evil intention. It may be a result of an urge. They are
characterized by the:
 Food Urge / Hunger: This leads to theft.
 Sexual Urge: This is the feeling of having sexual satisfaction. This
results in sexual offences and rape.
 Activity Urge: This is the urge in which the person wants to be active.
Ends up in commission of adventures (crime).
 Selfishness and Assertion Urge: Individual wants to achieve something
in life. He will try to attract others to become popular and thus then
commit crime.
 Popularity Urge: Commits crime to become popular and famous.
These urges can be explained on the basis of psychological, physiological
and environmental/social causes.
 Psychological Causes

 Temperament: It is also called as an Individual’s Personality. Among the most
of the criminals there us often an instability of temperament, which is closed
associated with attitude. Criminal have a classical temperament instability
which actually drives them to commit crimes.
 Feeling / Emotion: Anti-social behavior is always associated to a large extend
with the emotion of the particular criminal. (Instability in emotions/ Losing
their control).
 Intellectual Mindful Criminal: People who are above normal by virtue of
intellect may use their mental power to plan perfectly to commit crimes with
least risks and least accountability. They use refined and high tech methods or
techniques to commit crime. (White collar crimes)
 Psychic / Maniacal Criminals: Patients with mental disability are though not
accountable for their criminal activities, commit crimes due to their mental
disability of thinking properly.
 Contd..

 Stress: Stress is one of the important factor that leads
to commission of crimes.
 Aggression: Aggression and violence always go
together. And obviously is one of the most common
causes of criminal activity.
 Depression: Another most important cause of criminal
activity.
 Contd…

 Physiological Causes: These are basically due to the
biological nature and origin of criminal act. These may be
manifested due to
 the depletion of dopamine and serotonin level
(Neurotransmitters),
 Presence of abnormal chromosomal pattern such as extra Y
chromosome in their genes. Popularly known as super-
males with the pattern of chromosomes XYY.

 Social Causes: Discrimination in the society, Social

isolation due to the lower level of socio-economic status
and other psychosocial factors are also a driving forces for
the commission of crimes
Theories of Criminology

The goal of criminological theory is to help one gain an
understating of crime and criminal justice. Theories cover the
making and the breaking of the law, criminal and deviant
behavior, as well as patterns of criminal activity.
Several Theories attempt to explain criminal behavior :

Crime is based on the following aspects :

 Biological
 Psychological
 Sociological
 Economic
 Classical school theory

Emphasizes the ideas that man has fundamental right to be to free and
is capable of committing a crime when he wants to do and people
make choices to commit crimes with free feeling and for his pleasure.
And that punishment should be about preventing future crimes from
being committed.
 Crime is caused by the individuals’ free will
 Human beings are rational and make decisions freely and with an
understanding of the consequences
 Crime is an immoral form of human behaviour
 Such behaviour weakens society
 Punishment is a necessary evil sometimes intended to deter criminals
and serve as an example to those who would violate the law
 Crime prevention is possible through swift and certain punishment
that counters possible gains from criminal behaviour
 Eye to an eye
 Neoclassical Theory

Neoclassical Theory introduced the idea of:
Depending on the nature and extent of crime, the
punishment is decided.
 Premeditation as a measure of the degree of free will.
 Mitigating circumstances as legitimate grounds for
diminished responsibility.
Positive school of theory

 The Positivist school of theory came into being during the second
half of the 19th century. Its founder was Cesare Lambroso.
 He believed that empirical or scientific study of crime, criminals
and criminal behavior was essential. Apart from it, his emphasis
was on determinism against free will. This theory also suggested
that the environment could be a causal factor behind criminal
behavior and that empirically studying crime could provide
important insights into its causes.
 The positivist rejects the idea that each individual makes a
conscious, rational choice to commit a crime; rather, some
individuals are abnormal in intelligence, social acceptance, or some
other way, and that causes them to commit crime.
 Positivists held that environment and hereditary factors could be
important causal factors behind crime.
 Biological Theories

 This theory explains how crime is not an occurrence of
social factors or benefits outweighing the punishments,
but distinct biological factors that lead to criminal
behavior by individuals.
 The biological theory focuses on the uncontrollable aspect
of an individual- their genetic alterations. The biological
theory for crime focuses on the likelihood that an
individual will become a criminal. Prediction of deviant
behaviors is based on an individual’s biological
inefficiencies. Genetic makeup and the development of
and individual determines the degree of deviance that
could dominate their decisions and actions in the future.
 Born Criminal Theory

 Cesare Lembroso also gave another theory called
the Born Criminal theory. He believed that there
were some external features that differentiate the
criminals from normal people like enormous jaws
and large ears.
 He believed such people could not suppress the urge
to indulge in criminal behavior. However, this
theory also has a major weakness. It does not
recognize the importance of the social factors.
 Sociological Theories

 Sociologists emphasize that human beings live in
social groups and that those groups and social
structure they create influence behavior.
 Most of sociological theories of crime causation
assume that a criminal’s behavior is determined by
his/her social environment and reject the notion of
the born criminal.
Chicago school of thoughts

 One major sociological foundation of the Chicago school
of thought is that of social disorganization theory, which
says that crime is largely the result of unfavorable
conditions within a community.
 In this theory it was mentioned that the crime occurs
mainly due to the parity and discrimination in the society.
Puberty is considered as the main driving force for the
man to commit crimes.
 This theory suggests social reform. If poor people are
given education, employment opportunities to counter
their problems then there would not be any incidence of
crime.
 Rational Choice theory

 The Rational Choice theory is also somewhat similar to the
classical theory in its approach towards crime. The rational
choice theory also stresses upon a rational choice made after
consideration of the rewards and punishments before
committing a crime. A major strength of the rational choice
theory is that it emphasizes the use of rational thoughts,
scientific laws and an empirical approach to develop policies
for tackling crime. Apart from that, this theory promotes the
tough on crime attitude through the application of rational
thought.

 Reasons that an individual thinks through each action, deciding

on whether it would be worth the risk of committing a crime to
reap the benefits of that crime, whether the goal be financial,
pleasure, or some other beneficial result.
 Social learning / Differential
Association Theory

 The social learning theory says that people learn
from the people around them. Differential
association is the key here.
Criminal behavior is learned in interaction with
other person in a process of communication. People
who are close contact with the criminals may also
tend to involve in the criminal activity to gain
respect and rewards from his peers.
 Control integration Theory

 Based on this theory a criminal tends to commit
crime due to lack of strong bond with the society.
There may be social disintegration or demoralization
society.
 Theorists believe it is society’s responsibility to
maintain a certain degree of stability and certainly in
an individual’s life, to make the rules and
responsibilities clear, and to create other activities to
thwart criminal activity.
 Juvenile Delinquency Theory

 In this theory it was emphasized that the children
when being given extra time for the attention and
care to involve in creative activities would never
become criminals. This will be achieved through
education, proper attention and nourishments for
them.
 Labeling Theory

 Those who follow the labeling theory of criminology
ascribe to the fact that an individual will become what he
is labeled or what others expect him to become; the
danger comes from calling a crime a crime and a criminal
a criminal.
 Labeling theory holds that deviance is not inherent to an
act, but instead focuses on the tendency of majorities to
negatively label minorities or those seen as deviant from
standard cultural norms.
 A stigma is defined as a powerfully negative label that
changes a person’s self-concept and social identity.
 Conflict Theory

 Conflict theory holds that crime results from the
conflicts in society among the different social classes,
and that laws actually arise from necessity as a result
of conflict, rather than a general consensus.
 The fundamental causes of crime are the social and
economic forces operating within society. The
criminal justice system and criminal law are thought
to be operating on behalf of rich and powerful social
elites, with resulting policies aimed at controlling the
poor.
 Bonger’s Economic Theory of Criminality


 He believed that crime in streets was a result of various
conditions in which workers lived in competition with one
another. He believed that poverty alone could not be a cause of
crime but rather coupled with individualism, materialism, false
needs, racism and the false thoughts regarding violence and
dominations among the people.
 According to Bonger, the following were to be the major
reasons for the commission of an offense.
 Financial necessities
 Poverty
 Lack of education
 Egoistic factors
 Inequality among the rich and the poor in the same community
 Lack of social security, etc.
 Psychological Theories

 There are many theories regarding psychological
causes of crime, including:
 Intelligence & Crime (The idea that crime is the product
primarily of people of low intelligence)
 Psychoanalytic Theory (This theory believed that people
who had unresolved deep-seated problems were psychopaths)
 Psycho-analysis (This theory believed that people with
above problems can be healed by therapies)
 Humanistic Psychological Theory (The principle of the
humanistic approach is that everyone is unique and has
their perspective towards the world. It holds a core belief
that humans are good at heart and capable of making the
right choices for themselves. )
 Punishment

 Any pain, penalty, suffering, or confinement inflicted
upon a person by the authority of the law and the
judgment and sentence of a court, for some crime or
offense committed by him, or for his omission of a duty
enjoined by law is punishment is called Punishment.
 Provision of Punishment are under Sec 53 and chapter 3 of
the IPC.
 In India, reformative theory is followed to provide
punishment. The punishment awarded should neither be
harsh not easy so that it fails to serve its purpose in
generating impact on the offender and others.
 Kinds of Punishment

Death Penalty

Life Imprisonment

Imprisonment
• Rigorous
• Simple

Forfeiture of Property

Fine
 Death Penalty

 Death penalty is also called the capital punishment.
Under this punishment, a person is hanged till he
dies.
 The infliction of death sentence or taking away the
offenders life by authority as a punishment for an
offence is capital punishment or death penalty. In
India it is awarded in rarest of rare cases.
 
It may be awarded as punishment in the following offences:
 Waging war against the government of India (Sec 121)
 Abetting mutually actually committed (Sec 132)
 Giving or fabricating false evidence upon which an
innocent person suffers death (Sec 194)
 Murder (Sec 302)
 Murder by life convicts (Sec 303)
 Abetment of suicide of a minor or an insane or intoxicated
person (Sec 305)
 Dacoity accompanied with murder (Sec 396)
 Kidnapping for ransom (Sec 364A)
 Life Imprisonment

 The words imprisonment for life was substituted for
transportation for life by Act XXVI of 1955.In its ordinary
connotation imprisonment for life means imprisonment
for the whole of the remaining life period of the convicted
person's natural life.
 According to Sec 57 imprisonment for life shall be
reckoned as equivalent to imprisonment for 20 years. But
only for calculating fractions of terms of punishment
imprisonment for life shall be reckoned as equivalent to
imprisonment for 20yrs. But otherwise the sentence of
imprisonment for life is of indefinite duration.
 Imprisonment

According to Sec 53 of the IPC, there are two kinds of punishments: Simple & Rigorous

 Simple: It is a punishment in which the offender is confined to jail only and not subjected to any
hard labor.
The following are some offences which are punishable with simple imprisonment:
Wrongful Restraint (Sec 341)
 Uttering any word or making any sound or gesture with an intention to insult the modesty of a
women (Sec 509)
 Misconduct in a public place by a drunken person (Sec 510)
 Defamation (Sec 500,501,502)
 Criminal misappropriation of property (Sec 403)

 Rigorous:
In this case the offender is put to hard labour such as grinding corn, digging, cutting wood etc.
 The following are some offences which are punishable with rigorous imprisonment:
Kidnapping in order to murder (Sec 364)
 Robbery (Sec 392)
 Dacoity (Sec 395)
 House breaking in order to commit offence punishable with death (Sec 449)
 Forfeiture Of Property

 Forfeiture implies the loss of property of the accused.
Under this punishment, the state seizes the property
of a criminal.it is the result of the wrong or default
caused by the person. The property forfeited may be
movable or immovable.
 Fine

 Fine can be simply defined as monetary punishment.
Almost all the sections related with awarding
punishment includes fine as punishment.
 However section 63 says where sum is expressed to
which a fine may extend, the amount of fine to
which the offender is liable is unlimited, but shall
not be excessive.
 Forensic psychology

 Forensic psychology is the combination of psychology and law. It is
the application of psychology in legal settings.
 Forensic psychology, as defined by the American Psychological
Association, is the application of clinical specialties to the legal arena.
This definition emphasizes the application of clinical psychology to the
forensic setting.
 Forensic psychological tools include those instruments whose application can
result in detection of crimes. These tools can be utilized to recognize the
culprit from among the suspects as soon as possible.
 Innocent persons can be prevented from being convicted falsely, which
is a serious issue since decades immemorial. Individuals committing
serious offences get away without getting convicted simply because of
lack of evidence and it encourages them to become recidivists.
 Forensic Psychological Tools

Some of the prominent and most used forensic psychological tools in
the process of investigation are :

Behavioral Electrical
Layered Voice
Polygraph Oscillations Signature
Response
Profiling (BEOS)

Suspect Detection
Eye Detect
System
 How does the polygraph work?
Popularly referred to as a lie detector
test, is a device or procedure that
measures and records several
physiological indicators such as
blood pressure, pulse, respiration,
and skin conductivity while a person
is asked and answers a series of
questions.
All these type of sensors are used for
the detection of culprits and
innocents.
 Brain Electrical Oscillation Signature
Profiling
BEOS is a technique by which a suspect
participation in a crime is detected by
electing electro physiological impulses, it is also
a tool which measures the changes in
electrical activity of the brain associated with
the presence of knowledge provoked by
probe when the suspect foes not has to offer
an answer or response.
It works on EEG (Electro encephalograph
machine).
This instrument is used to detect whether an
individual has any experiential knowledge in
the commission of crime. Only an individual
who has committed a crime will show
experiential knowledge. This instrument is
the most effective and scientific one till date.
Here the culprit can't manipulate anything.
 Layered Voice Analysis
This machine detects changes in emotions in a person's
voice, like, for example- whether the person is under
high stress or there is stress relief etc. It detects those
emotions in a person's voice that are below 10ms and
that can't be controlled voluntarily.

 Eye Detect
This instrument works by detecting changes in eye
movement and other minute changes such as pupil
dilation and different types of eye expressions. This is a
new instrument used in crime investigation.

 Suspect Detection System

This instrument uses Galvanic Skin Response as a
sensor which is used to find out changes in skin
resistance under stressful conditions and this technique
is used for detection of criminals.