Criminology

1 Dimensions of crime in India

Q1 Explain Cyber Crimes

Ans: The development in information technology and electronic media have given rise to a new
variety of computer related crimes which is commonly called “cybercrimes”.. These crimes cover a
wide range of illegal computer related activities such as theft of communication services, industrial
espionage (industrial espionage can even ruin the entire business), dissemination of pornographic
and sexy offensive material in cyber-space, electronic money laundering and tax evasion, electronic
vandalism, and extortion, telemarketing frauds, illegal interception of telecommunication etc.

A cybercrime may be defined as any criminal activity that uses a computer either as an
instrumentality, target or means of perpetrating further crime. In other words cybercrime is an
unlawful act wherein the computer is either tool or a target or both.Information Technology Act,2000
provides penalties and adjudication for various offences involving computers,computer systems and
computer network.

The main reasons for increase in cyber crimes are easy accessibility of computer which enables
unauthorized access by the use of complex cyber space technology through by-passing security
system,operating system is complex and the cyber offenders take advantage of the fallibility of
human mind and lastly the criminals can easily destroy the evidence after the commission of
crime and so investigating agencies find it difficult to collect relevant material as evidence
for prosecuting the offender.

Q 2What are the characteristics of Crime?

Ans: Liability is the

bond of necessity that exists between the wrong doer and the remedy
for the wrong.Crime is defined as’an act committed or omitted in violation of a
public law forbidding or commanding it. A Cardinal principle of criminal law is
contained in the Latin maxim Actus non facit reum nisi mens sit rea. It means that
there can be no crime without a guilty mind(mens rea). The Fundamental principle
of penal liability is ‘an act alone does not amount to a crime. It must be
accompanied by a guilty mind.. Penal liability arises provided following two
conditions exist: namely Wrongful Act and Guilty mind.
Actus Reas : It means wrongful act.
Mens Rea :An act is not a crime unless it is committed with a particular criminal intention
(mens rea). If the act is not committed with a guilty or ‘mens rea’, such an act
cannot be considered as a criminal act.. Therefore an act in order to be crime must
be committed with guilty mind.

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Q 3How is study of Criminology useful for a student of law?

Ans:Donald taft points out that criminology is a scientific analysis and observation of crimes and
criminals. The study of criminology is important for knowing causes resulting into the criminal
behavior and also to understand punishment to the criminals.The science of criminology aims at
taking up case to case study of crimes and seeks to create conditions conducive to social solidarity.
The object of punishment is not only retribution but also to reform as to serve object of
punishment..The aim of criminology is to study the criminal behavior and its causes so that the
criminal can be reformed. The study of criminal law is relevant for securing an orderly society.
Introducing Criminology as a subject in curiculam in the schools and universities can impart better
understanding to the students to serve the society in all walks of life..It is also essential to be aware
of various legal systems as to know the crimes and tackle the criminals.Thus criminology 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 offender and examine deeper inside to formulate the
penal policy.

Q 4 Explain White Collar Crime

Ans: With the growth of urban civilization, new category of crime and criminality emerged in the
upper socio-economic class, known as “White Collar Crimes.”According to Sutherland ‘the White-
Collar Crime is committed by persons of respectable and high social status in the course of their
occupation.’ After sometimes he modified his definition and said that ‘a person of the upper socio-
economic class, who violates criminal law in the course of his occupation and professional activities’.

White Collar Crimes like Tax Evasion, Black Marketing, Adulteration etc are very dangerous to
society in comparison to other crimes. The reasons being these crimes cause a great financial loss to
the nation, and inflict harm to the public morals. It also creates distrust, lower moral and produces
disorganization in large scale. The remedial measures for prevention of white collar crimes are to
create public awareness; to constitute special tribunals to tackle white collar crimes ; and lastly
stringent enforcement of laws and severe punishment.

Q 5 What are the main categories of drug addiction?

Ans: The term drug addiction has been defined by the World Health Organization Expert committee
as “a state of periodic or chronic intoxication, detrimental to the individual and to society, produced
by repeated consumption of drug, either natural or synthetic.” In Drug addiction there is an
overpowering desire or need (compulsion) to continue taking the drug and a tendency to increase
the dose, and also physical dependence on the effects of the drugs.

Classification of Drugs

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The Internatinal Convention on Drugs to which India is a signatory has classified drugs under two
categories

a)Narcotic Drugs-The main drugs covered under this head are

1 opium and its derivatives like brown sugar,heroin

2 Cocoleaf,cocaine

3 Cannabis,cannabies resin

4 Methadine,pethidine

b) Psychotrophic substances include valium,morphine etc.

Q 6 Explain Cyber Cells :

The Cyber Cells are established under Information Technology Act for detection of cyber crimes
committed through Information Technology / Electronic means of communication. The Cyber Cells
plays very important role in detecting cyber crimes, it deals with the offences related to the Computer,
Computer Network, Computer Resource Computer Systems, Computer Devices and Internet.Cyber
Cells are the authorities established by the State for investigating of fraud, malpractice, cyber crime,
Cyber Security means protecting information equipment, devices computer, computer resource,
communication device and information stored therein from unauthorized access, use, disclosure,
disruption, modification or destruction.so Cyber Cells plays very important role in detecting frauds
and tackling the fraudsters .

Q 7What is Organized Crime?

Ans: .Generally speaking organized crime is an act which is committed by two or more
criminals as a joint venture in an organized manner.It is an illegal act which members
of an unlawful association commit with their mutual co-operation and adventure. When
a crime is done in an organized manner, it is called organized crime. In Organized Crime
there is a group of persons which engages itself in continuous crimes over indefinite
period of time. Section2 (1)(e) of Maharashtra Control of Organised Crimes Act,1999
defines organized crime as ‘any continuing unlawful activity by an individual ,singly or
jointly either as a member of an organized crime syndicate or on behalf of such
syndicate,by use of violence or threat of violence or intimidation or coercion or other
unlawful means with the object of gaining pecuniary benefits or gaining undue
economic or other advantage for himself or any other person or promoting insurgency’.

Different types of criminal organisations that may operate in criminal world are

1 Organised predatory crimes

2 Crime syndicate

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3 criminal racket

4 political graft

Q 8 Explain Alcoholism and drug addiction

Ans: Alcoholism and drug addiction may be conceptualized as crime without victim, i.e. addict
himself is the victim who becomes a prey of its misuse. It is eroding the roots of social,
economic and cultural fibre of Indian society which is the cause for rise to criminality
and criminal behavior which eventually leads to social disorganization.Main Causes for
Alcoholism and Drug Addiction are Rapid Industrialisation and Urbanisation and
Frustration and emotional stress ,lack of parental care and control,social disorganization
etc

Drugs are of two kinds-

(1) Narcotic Drugs - The main drugs covered under this head are (i) Opium [Opium is taken
from opium poppy called 'papaver somniferum' and is generally used as pain killer and
hypnotic in certain regions of India] and its derivatives like brown sugar, heroine and
codeine; (ii) Cocoleaf, cocaine; (iii) Cannabis, cannabis resin, extracts and tinctures; (iv)
Methsdene, pethedine, hebaine.

(2) Psychotrophic Substances includes valium, diazepam, tidijesic, morphine etc.

Alcoholism : It causes disillusionment, unhappiness and troubles in family life. An alcoholic

finds it difficult to adjust with other people and so they are the others uncomfortable
with him due to his drinking habit. The mental faculty of an alcoholic does not function
in a normal way with the result he loses self-control and often behaves improperly at
times picking up quarrels, accusing, abusing or insulting others or committing acts of
aggression and violence. So, it is concluded that abuse of drugs and alcoholism spells
disaster not only for the addict but also to his family and the society as a whole. It affects
the health of a victim and upsets family life the rise in crime, evils practices which harm
society at large.

Q 9 Explain Crime Syndicate

Ans: The term ‘Crime Syndicate’ refers to a gang of criminals engaged in the business of providing
some forbidden or illegal goods /services to the customers who are desirous of having it and are
willing to pay handsomely for that service.This is most significant area of organized crime and
consists of the supply of illegal goods and services; smuggling, bootlegging, gambling, prostitution
and foreign exchange violations are examples of such crimes.Crime syndicates are master minded by
highly skilled and professionalized gang-leaders.

Q 10 Sin and Crime

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Ans: There is a vast difference between crime and sin,Those who commit crime are punished by
state whereas there is nothing like that to punish in the case of sin and social or moral wrongs. The
concern of sin is with religion. Therefore, if any person commits a sin, it is said that he will be
punished by God himself. Likewise, vices, social or moral wrongs are wrong only in the eye of law.
For example – liquor drinking, gambling, smoking etc. are not considered as good habits, yet law does
not punish for them. .The concept of sin emanates from religion whereas crime is a legal proposition.
Sin results in violation of rules of religion and morality while crime involves breach of law. A sinner
is punished by God but a criminal is punished by the State.

Q 11 Discuss ‘Mens rea’ as essential Ingredient of Crimes.

Ans:Mens rea means criminal intention or guilty mind. There are two components for every crime ,
Viz (1) Physical; and (2) Mental.Physical element is called Actus reas and mental element is called
mens rea. Unless these both are present, the act does not become a crime. If the act is not committed
with a guilty or ‘mens rea’ such an act cannot be considered as a criminal act.Actus non facit reum
nisi mens sit rea means ‘the act itself does not make a man guilty unless his intention were so’. AN
act does not make guilty unless the mind is also guilty. It also means, ‘No act is an offence unless
accompanied by an evil intention’.

Section 81 of the Indian Penal Code provides that nothing is an offence merely by reason of its being
done with the knowledge that it is likely to cause harm, if it be dome without any criminal intention
to cause harm and in good faith for the purpose of preventing or avoiding other harm to person or
property.

Q 12 Explain American view of Personality aspect of Criminals.

Ans: The generalization of crime with the influence of hereditary, anthropological, psychopathic
and psychological factors on crime causation has failed to explain certain Personality Type crimes
such as drunkenness, vagrancy, begging, prostitution, violation of drug laws and many other similar
offences. In order to reduce crime rate many countries avoid to provide legal definition of personality-
type crimes.

The American view in Personality Aspect in a test known as the Durham test laid down by the Court
of District of Columbia in Durham v. United States, [214 F 2d 862(DC Cir 1954)] was : ‘An Accused
is not criminally responsible if his unlawful act was the product of mental disease or defect’. The test
was based on the medical truth that the human mind is to be viewed as an integrated whole and is
not capable of being divided into compartments of cognitive and controlling junctions.The Durham
rule was applauded by the medical profession fraternity but has been criticized by lawyer fraternity
as a Non Rule, being ambiguous and depending too much on expert opinion.

Q 13What is Inchoate Crime?

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Ans: Crimes like conspiracy and attempt to commit an offence are incomplete crimes in themselves
and, therefore, therefore the word inchoate may not be very apt to describe them. They are sometimes
referred to as inchoate crimes since these are not by themselves the ends contemplated by the
offenders.

Q 14 Explain Nullum Crimen Sine lege and Nulla poena sine lege

Ans: Nullum Crimen Sine lege means no one is held criminally liable unless he has done an act
which is expressly forbidden under the existing criminal law of the land and has a reprehensible state
of mind to do it.

Nulla poena sine lege means no one can be punished for an act unless it is made punishable under
the law.

Q 15 What is Political Graft?

Ans: The persons of high status carrying on some legitimate business and profession criminals are
inter-connected through political grafts. In order to assume political power and party’s victory at
polls, the politicians generally seek the support of notorious offenders and utilize them for illegal
practices to accomplish their political ends. This utilization of notorious criminals by the politicians
for political gains is commonly known as Political Graft.The notorious criminals use methods to bring
them success during election polls e.g. by rigging or using force or manipulating or giving money or
gifts to voters. At times, these hired professional offenders do not even hesitate to resort to violence
and threats to make voters cast their votes in favour of candidate for whom they are working forThus
‘ Vote Buying’ is a common example of political graft.To take some measure the Government of India
appointed a five men committee under the chairmanship of Shri. N. N. Vorhra on 9th July, 1993 to
probe into the nexus between politicians, government high officials and industrialist with the land
mafia gangs. The Committee was named N. N. Committee and the Committee submitted its report in
1995.

Q 16Explain Habitual and Professional Criminals

Ans: Habitual offenders are those who repeatedly commit crimes and earlier punishments given to
them do not make any deterrent or reformative effect to them.The habitual offender or a person
habitually addicted to crime is one who is a criminal by habit or disposition formed by repetition of
crimes. Reformative measures of treatment completely fail in case of such offenders and probably
imprisonment is the only alternative to prevent habitual offenders from repeating crime. Otherwise
it would be repeated as and when there is an opportunity by habitual criminals. For example, a
Kleptomanic steals not because he needs money or goods but simply because it provides him thrills.

Professional Criminals: The professional Criminals are those who take to crime willfully and
deliberately. For them it is a source of livelihood and as they generally belong to tribes of criminals,

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they are nowhere so adept or skilful as in commission of crimes. They usually belong to the
condemned section of the society and the moral codes of society have no meaning or relevance for
them.

Q 17 Recidivism

Ans:The term Recidivism has been defined as the habit of relapsing into crimes by the criminals and
recidivist is a person who relapses into crimes again and again.Thus the person who commits
the crimes again and again of the same or similar kinds is called recidivist or habitual offender.
The tendency of frequently committing crime by some people is called recidivism draw our
attention to the Lambroso’s theory of Born criminals. According to him, some people are born
criminal. They cannot abstain themselves from committing a crime due to their peculiar
physical traits and mental conditions.

Causes of Recidivism :

1 Heredity – According to Dr. Adolf Lenz, the family history should be studied in regard to anti-social
tendencies and traits as due to inheritances, the ability to make social adjustments stands reduced.

2 Social condition - The personal characteristics of the offenders and the social conditions in which
the offender is living are also responsible for the crime repeating habits.

3 Enmity - The enmity and gang-rivalry is also a cause of recidivism.

4 Drug addiction : Those who becomes drug addicts are not easily reformable. Drug becomes their
mental and psychological requirement. andunable to earn his livelihood by doing the labour. In such
a situation, he may commit crimes like theft, robbery, cheating etc. for drugs.

5 Poverty : Poverty is a factor of crime and also of recidivism.

Dr Sutherland attributes two major causes for recidivism i.e social psychology of the offender and
inadequacy of reformative techniques.

Q 18 Explain Prevention of Recidivism

Ans: 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 It can be said
that an offender who has a long criminal record and has been a frequent inmate
of penal or correctional institution and who shows scant regard for institutional
adjustment can be characterized as a recidivist.Recidivism is one of the serious
problem for society and needs serious attention

Prevention of Recidivism

The modern correctional methods of treatment of offenders involves classification of

criminals so that they can be adequately punished or sent to an appropriate

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 institution .Imprisonment is the only alternative to prevent Habitual
criminals.Recidivists should be kept in prisons equipped with maximum security
arrangements.Adequate After-care treatment at the time of inmate’s release from
prison may prepare him for an upright living in the society prevented if they can
be given job of his choice,they are given training of some handicraft or skilled
work so that they can earn money through their toil or legal means and due to
poverty they do not commit crimes. Insane criminals should be given proper
treatment; commission of crime under sudden provocation or under some
compelling circumstances by person requires sympathetic attitude It is necessary
that society should change attitude towards offenders so that they become good
person and responsible members of society in future.Persons engaged in white
collar crimes must be condemned by society.Lastly speedy trials and punishment
can further be effective in putting a check on offender reaping undue benefit of
his criminal act.

2 Causes of Criminal Behaviour

Q 19 Explain the saying in details that ‘Criminal behavior is learnt and not inherited’.

Ans: The Criminal behavior is learnt as normal mind is characterized by adequate response on
every level of stimulation. The attempts by many scholars to explain the criminal
behaviour by general drives and values, such as : (i) the happiness principle, (ii) striving
for social status, (iii) the money motive, or (iv) frustration have been and must they
explain criminal behaviour. Criminal behavior is a behavior in violation of the criminal
law. The process by which a particular person comes to engage in the criminal behavior
is described below.

(i) Criminal behavior is learned.

(ii) Criminal behavior is learned in interaction with other person in a process of

communication.

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 (iii) The principal part of the learning of criminal behavior occurs within intimate personal
groups.

(iv) The learning of criminal behavior includes the techniques of committing the
crime, which are sometimes very complicated and sometimes very simple .

(v) A person becomes delinquent because of an excess of definitions favourable to violation

of law over definitions unfavorable to violation of law. Persons become criminal because
of contacts with criminal patterns and also because of isolation from anti-criminal
patterns.

(vi) Diffential association may vary in frequency, duration, priority and intensity.

(vii) The process of learning criminal behaviour by association with criminal and anti
criminal patterns involves all of the mechanisms that are involved in any other learning.

Q 20 Discuss Factors for Juvenile delinquency

Ans: There are various reasons responsible for Juvenile Delinquency :

1. The Family background affects very much on children. It has generally been observed that a
family where quarrel takes place in the member very frequently, or where either of the parents
is of immoral character or engaged themselves in the various illegal activities, the children
learnt the criminal behavior from the childhood.

2. Economic Factor i.e. poverty or very low income of family creates many evils. Sometimes child
commits a criminal act because his basic needs like food are not fulfilled in the normal course
and therefore commits offence like theft.

3. Disintegration of family system and laxity in parental control over children is cause for the
increase of juvenile delinquency. The minor offences like theft, pick-pocketing and black-
marketing of the cinema tickets etc. are generally learned in childhood.

4. Certain psychological reasons are also responsible for it. The family atmosphere affects very
much on the minds of the children.Increase in divorce cases and matrimonial disputes another
cause for disrupting family solidarity.

5 The modern manner of living and luxurious life also, sometimes attracts the children towards
criminality.

6 Biological factors such as physiological maturity or low intelligence also account for juvenile
delinquency.

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7 Besides this illiteracy,child labour are also factors for juvenile delinquency.

Q 21 Explain Pre-classical ,classical,Neo-classical Schools of Criminology?

Ans: The follower of the thoughts and ideas of some prominent criminologists, who propounded the
new thought or theory in the field, are collectively called ‘School.’

1 Pre-classical school : pre-classical school came into existence before classical school. This
school of thought kept its influence during 17th to 18th centuries. In that period the
concept of crime was very undefined and vague. According to pre-classical theory the
man was very simple in nature. His acts and behaviour were controlled by some super
power. Therefore, when a crime was committed by someone, it was presumed that he
did so under the influence of some external evil-spirit of Devil and not out of his own
free will. This school, as such acknowledged the omnipotence of ‘spirit’ which was
regarded by them as another world power. They considered crime and criminals as an
evidence of the fact that the individual was possessed of devil or demon the only cure for
which was testimony of effectiveness of the spirit.

The pre-school of criminology was criticized on various grounds i.e the causes of
commission of crime can not be due to the influence of any evil spirit or damn, but
various psychological, moral and social factors are held responsible for it. The basis of
this theory is purely imaginary and hypothetical because nobody has ever seen devil
spirits.

2 Classical school: Eminent criminologist Benthem and Baccafria laid the foundation of
this school of thought.He laid greater emphasis on mental phenomenon of the individual
and attributed crime to free will of the individual. They propagated the doctrine of
‘pleasure and pain’ as the basis of crimes. This school got its development in the 19th
Century. According to classical school of thought, the factor intention was given less
importance and the act of the defaulter was considered as a measure of injury. The right
of the sovereign to punish the offender was recognized by this school in the interest of
the public moral and security. The basis of punishment according to them, was however,
based on the hedonistic principle of pain and pleasure. They considered prevention of
crime more important than punishment and therefore the real contribution is it
underlined need for a well defined criminal justice system.

Criticism- In this school, the importance of the society and the circumstances responsible
for crimes were completely ignored. Moreover, doctrine of pleasure and pain is only one
aspect of crime because there are so many causes of crime.

3 Neo-classical school:. Therefore, according to new theory the quantum of punishment

to an offender, should be on the basis of the age, maturity and mental condition of the
particular offender.. Those offenders who can be reformed should not be punished like

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 that of other habitual offenders. For instance, minors, idiots or insane criminals should
be dealt with in law with some leniency in comparison to other hard criminals. It is
necessary for the reformation or treatment of the first offenders that various aspect
related to them i.e., their social and economic conditions, family environment, etc. is
studied properly.This school made distinction between the first offender and recidivist.
As such for the first time, it led the way for the formulation of correctional institutions
like parole, probation, reformatory schools and open-air camps for the reformation and
treatment of the criminals. The neo-classsical school was criticized on the ground that
criminals are positive menace to the society and as such they should be kept out of it
irrespective of the fact whether or not and upto what extent they were responsible for
the commission of alleged crime.

Q 22 Cartographical school, Socialistic school and Sociological school .

1 Cartographical school: Some scholars were of the opinion that only cartographical factors
are responsible for the commission of crimes. The scholars of this school made
equilibrium between cartographical conditions and crimes. As per them – (a) The crime
are committed less in favourable circumstances in comparison to the unfavourable
circumstances. (b) The number of crimes are less in the places where the population is
not much while they are more in number in the places which are thickly populated. (c)
The crimes against ‘persons’ are committed more in summer season, whereas the crimes
against the ‘property’ are committed more in winter season,.

Criticism –This school was criticized on the ground that Cartographical factors can be
one of the reason of the causation of crime and not the whole reason. Crime is mainly
related with the mentality and conduct of a particular person and therefore , it is not
necessary that all persons living in the same geographical conditions must necessarily be
criminal..

(2) Socialistic school: The socialistic school of thought was formed by Karl Marx and Engles.
It was actually these two scholars against the system of capitalism. Karl Marx blamed
‘class-struggle’ for the causation of crimes. He said that where the distribution of wealth
in a society is not equal, the poor are exploited by rich community. As such poor, when
they fail to fulfil their bare necessities, are compelled to commit crimes. Therefore the
rate of crimes depends upon the economic conditions of a particular society.

William Banger in this connection said that the main cause of crime the selfish habit of
the people. Selfishness inspire a man to earn more profit and to exploit others. Such
tendency creates ‘cutthroat’ competition in the market which causes unlimited rise in
the prices and hoardings of the goods etc. The offences like alcoholism, vagrancy,
begging, violence and prostitution etc. increase during such period. “Socialistic school
of thought was mainly criticized on the ground that this school laid too much emphasis
on economic aspects of crimes and neglected all other aspects related with it. Secondly,

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 it is not true that in the prosperous societies the crimes are not committed. And the people
who are criminal by nature will not leave their habit of committing crimes.

(3) Sociological school : The originator of the sociological school of thought was Tarde. He
is considered, in the field of Criminology, as the father of social psychology. He criticized
the theories put forth by biological school and said that the main reason of the
commission of a crime is not the physical traits or mental state of a criminal but his
tendency of learning or imitation. He further said that the manner in which people learn
various other arts a person learns the general techniques when he comes in the
association of criminals. The name of the other scholars of this school are Bonlistz, Prnce,
Van Hamol and Pinstsky.

The main theme of this school is that criminal behaviour is the result of a learning
process and the change in the ratio of crimes depends upon the ratio of changes in the
society. The main reasons of such changes are conflicts of culture , competitions,
changes in the social, economic and political values, density of population, unequal
distribution of wealth, knowledge and employment, and process of changes, Socialogical
studies attempt to analyse only those processes by which a person becomes criminal.
Concludingly, Tarde’s main emphasis was that a person learns criminal behavior just
like any other trade, which he picks up in childhood. But it is criticized that this theory
cannot be applied on every person or on every society. Secondly, this theory applies only
for those places where only criminals reside; while, in fact, there can be no such society
in which only criminals live. Thirdly, there are many other factors which give rise to the
causation of crime.

Q 23 Explain Criminology as science.

Ans: According to Webster’s dictionary, ‘Criminology is a scientific study of the crime as a social
phenomenon of criminals and mental traits, habits, and their discipline etc.’Walter Reckless has
described criminology as a “science which studies violation of criminal codes or set of rules and
regulation in society.. Dr. Kenny opines that criminology is a branch of criminal science which deals
with causation, analysis and prevention of crimes. In short, it can be said that criminology is that
branch of science which deals with the crime, criminals and the punishment or treatment of the
criminals

Science is based on the assumption that the biases and values of the observer can be relatively
controlled so that a reasonable degree of objectivity is possible.Scientific observation has certain
characteristics like it is based upon verifiable evidence,it is accurate,precise,systematic and scientific
observation are made under controlled conditions i.e. even though laboratories are not used where
all variable may be totally controlled, yet it is possible to control quite a few variables even when
studying human behaviour.There are steps in the method of investigation like defining the problem;
reviewing the literature; formulating the hypotheses , planning and research design; collecting the

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data; and drawing conclusions (i.e. proceeding from the particular to general). Thus, science moves
from observation through induction and deduction to verification in a never ending process.

Q 24 State the multiple factor theory of crime causation and elaborate the impact of Mobility and
Environment on crime causation.

Ans: the multiple theory is the widely accepted theory of crime causation and it is evolved by Prof
Prof. E. H. Southerland - It emphasizes on the sociological aspects of the causation of crime which
has the objective element. The sociologist made use of ‘multiple factor approach’ to explain the
causation of crime. The supporter of this view believe that crime is a product of a combination of a
variety of factors which cannot be narrated in terms of general propositions. This view finds support
from the writings of eminent American Criminologist William Healy, expressing his views on
multiple causation theory, Prof. Healy observed that it is not one or two factors which turn a man
delinquent but it is a combination of many more factors – say eight or ten – which cumulatively
influence him to follow criminal conduct. He however, agreed that all the factors associated with a
particular crime may not have equal importance as a cause of that crime.. The greatest shortcoming
of the multiple factor approach to crime according to Cohen is that the adherents of this theory
confused ‘factors’ with those of ‘causes’ of crime.

It consists of following factors -

(1) Mobility: It is a fact that industrialization and modernization of communication system

of transport have helped in the immigration of people to the urban areas in a big way.
Modernization affords better mobility to the criminals to commit crime and to avoid
detection. Impart of environment is also there on Causation of crime.

(2) Cultural conflicts: Societal change is an inevitable phenomenon in a dynamic society.

The impact of modernization, urbanization and industrialization in modern dynamic society
may sometimes results in social disorganization and this may lead to culture conflicts between
different sections of society. The three main causes of cultural conflicts are (1) Residential
instability; (2) Social and ethnic heterogeneity; and (3) Poverty.

(3) Family background: It is stated by Sutherland that all the social processes, the family
background has the greatest influence on criminal behavior of the offender. The reason being
that children spent most of their time with their parents and relatives within the family. It is
through the institution of family that the child unconsciously learns to adjust himself to the
environment and accepts the values of life such as respect for others, faithfulness,
trustworthiness and co-operation through his own life experiences. Thus, it therefore follows
that a child brought up in a broken family is likely to fall an easy prey to criminality.

(4) Political ideology: It is well known that the Parliamentarians who are law-makers of the
country are also politicians.. Thus political ideologies gain strength through legislative

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 process thereby directly influencing the criminal patterns in a given society. For example, the
liberalization of abortion law, imposition or withdrawal of prohibition laws, anti-dowry,
protection of women against domestic violence, prohibition on pre-natal sex-determination,
untouchability laws etc. are the concept of criminal changes with the changed ideologies of
politicians and the Government in power.

(5) Religion and Crime: The changes in religion ideologies also have a direct bearing on
incidence of crime in a particular region. It has been rightly said that morality can best be
preserved in a society through the institution of religion.

(6) Economic Factor: Economic conditions also influence criminality to a considerable

extent.. Under the circumstances, those who lack self-control fall an easy prey to criminality.
The employment of women and their other outdoor activities have enhanced the
opportunities for sex crime. Crimes such as hoarding, undue profiteering, black marketing
etc. are outcome of economic changes.

(7) Ecology: Ecology is the study of people and institutions in relation to environment.
Topographical conditions also affect the incidence of crime in a particular religion or locality.
After a series of researches Enrico Ferri, the eminent Italian criminologist analysed the crime
index of his country and concluded that in the same country the crime rate varies
considerably from one region to another. The impact of ecology in India on crime is
apparently to be seen in dacoit infested forest regions and ravines of Rajasthan, Madhya
Pradesh and Uttar Pradesh where opportunities for escape and detection are plenty

(8) Influence of media: The importance of mass media in influencing human mind has
been repeatedly emphasized by some experts. Experience has shown that television and films
have the maximum impact on the viewers due to combined audio-visual impactThe rising
incidence of juvenile delinquency is essentially the result of evil effect of violence and
vulgarism and undesirable sex exposures depicted in movies or television.

Q 25 What is Sutherland’s Differential Association Theory?

Ans: Sutherland, who was an American criminologist has propounded the Theory of Differential
Association of criminal behaviour on social disorganization. His work was the result of shortcomings
of ecological approach. He described ‘differential social disorganisation’ as cause of the criminality.
Social organization consists of a patterned set of values, the one element of which defines the lawful
acts. The crime results from the act done out of subcultural values and not due to unmet needs or
opportunity to commit neither the delinquent acts nor the absence of social control. Sutherland
presented a theory of ‘differential association’ in his Introduction to Criminology, The time when
Sutherland wrote, the multifactor investigations suggested that the crime was the result of

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multifactors. He believed that crime and social disorganization is an outcome of accepted values of
society,According to Sutherland, the person engaged in criminality because they think the law
violation more favourable. His theory was the elaboration of the notion that cultural conflict is the
fundamental principles in the explanation of crime.

Criminal behavior is learnt in interest actions with others in the process of communication whether
it is verbal or non-verbal. i.e., through gestures. It is mainly learnt in intimate personal groups.
Movies, newspapers etc. which are impersonal agencies of communication play relatively minor part
in the genesis of criminal behavior. The learning of criminal behavior consist of techniques of the
crime commission and the specific direction of motives, drives rationalization and attitudes. The
specific direction of motives, derives a person learns from the understanding of the others regarding
the definition of the laws as the violation of the laws in their mind may be favourable to them. A
person becomes delinquent because of excess of definitions favourable to them.

Q 25Explain Psychological factors as cause of crime.

Ans: Researches by psychologists and sociologist have demonstrated beyond doubt that it is not the
heredity but the psychological influences operating in delinquent families that make one criminal.
Psychologists treat crime as behaviour learnt by criminal in course of his contact with different
persons.Sutherland asserts that crime is learnt in association with others.The child unconsciously
imbibes criminalistic traits from the family background of the delinquent parents and subsequently
turns into a confirmed criminal. Also, children who are removed away from their parents at an early
age tend to follow criminality for want of proper parental care and lack of affection which develops
the feelings of inferiority complex, frustration and humiliation in them.

Psychological researches on teen-age violence have shown that violent carrers develop along two
main paths. Sometimes children start violence early before puberty. They are more likely to become
chronic violent offenders.According to Healy William, psychological depravity in a person due to
physical defects and incapacities also has an important bearing on criminality and affect sensitive
persons psychologically and they become so desparate that they do not even hesitate to throw
themselves into criminality in an attempt to forget their unpleasant experiences

Q 26 What is Positive School of Criminology?

Ans: s. By nineteenth century certain French doctors were successful in establishing that it was neither
‘free will’ of the offender nor his innate depravity which actuated him to commit crime but the real
cause of criminality lay in anthropological features of the criminal. Some phrenologists also tried to
demonstrate the organic functioning of brain and enthusiastically established a co-relationship
between criminality and the structure and functioning of brain. This lead to the emergence of the
positive school of criminologists, namely Cesare Lombroso, Raffaele Garofalo and Enrico Ferri. It is
for this reason that this school is also called Italian School of Criminology.

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The greatest contribution of positive school to the development to criminal science lies in the fact that
the attention of criminologists was drawn for the first time towards the individual, that is, the
personality of criminal rather than his act (crime) or punishment. This certainty paved way for the
modern penologist to formulate a criminal policy embodying the principle of individualization as a
method and reformation. Thus positivist introduced the methodology and logic of natural science in
the field of criminology. Protection of society from criminals was to be the primary object which could
be achieved by utilizing reformatory methods for different classes of criminals in varying degrees. It
is in this context that positive school is said to have given birth to modern sociological or clinical
school which regards criminals as a by-product of his conditions and experience of life. The positivists
suggested elimination of only those criminals who did not respond favourably to extra-institutional
methods.

Q 27Explain how classical school differs from positive school?

1 Classical school defined crime in legal terms.Positive school preferred sociological definition

2 Classical school placed reliance on free-will theory as an explanation of crime. Positive school
explained crime in terms of biological definition.

3 Classical school believed in deterrent and definite punishment for each offence and equal
punishment for all criminals committing the same offence whereas positive school advocated
treatment methods and criminal be punished not according to gravity of crime but according
to circumstances associated with it.

4 Classical school focused greater attention on crime whereas Positive school laid greater emphasis
on personality of offender.

5 The main exponents of Classical school were Beccaria and Bentham whereas the main exponents
of Positive school were Lombroso,Ferri and Garofalo.

6 Classical school was a 18th Century dogma which attempted to reform the criminal justice system
whereas Positive school was a 19th century doctrine which emphasized on scientific methods
of study and shifted emphasis from crime to criminal.

Q 28 Explain Mass Media as Cause of Crime.

Ans: The importance of mass media in influencing human mind has been repeatedly emphasized by
some experts. Experience has shown that television and films have the maximum impact on the
viewers due to combined audio-visual impact. The rising incidence of Juvenile delinquency is
essentially the result of evil effect of violence and vulgarism and undesirable sex exposures depicted
in movies or television channels and Information technology (internet).. Most criminologists believe
that films, television and Information technology (internet) are major contribution to violent
behavior. The role of media in helping the mushroom growth of fake and fictitious educational
institutions which are duping large number of degree seekers, needs a particular mention in this
context. The modus operandi of these institutions is simple; they splash full page advertisements in
leading newspapers, collect huge sums from franchises and fat-course fee from students and make a

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huge profit leaving students to fend for themselves.Thus it would be seen that in recent years the
media has a powerful effect on public perceptions of the dangers posed by particular events, action
or behaviors.

Q 29 Kleptomania and Pyromania

Ans: Kleptomania: Kleptomania should be distinguished from shoplifting, in which the action is
usually well-planned and motivated by need or monetary gain. Some clinicians view Kleptomania as
part of the obsessive – compulsive spectrum of disorders, reasoning that many individuals experience
the impulse to steal as an alien, unwanted intrusion into their mental state.. The main diagnostic
features are like he person repeatedly yields to the impulse to steal objects that are needed neither for
personal use nor for their monetary worth. Just before the theft, the patient experiences increasing
tension and at the time of theft, the patient feels gratification, pleasure or relief.

Pyromania (fire starting): The Pyromania sets main deliberate fires and takes enjoyment in watching
what others have to do as a result of this.. Pyromania is a strong need to set fire. It is all about the
pleasure it gives to see what other people have to do to extinguish the fire and the Pyromaniac may
enjoy reading about the effects to his/her activities.Before the fire setting, the person experience
tension or excited mood.The person is interested in or attracted to fire and its circumstances and
outcomes. The person experiences gratification, pleasure or relief when setting fires or
experiencing their consequences.

Q 30 What is Insanity?

Ans: Insanity : Since ancient times, insanity has been accepted as a defence. The defence is justified
on the grounds like involuntary acts, mens-rea, threat of punishment will not work on them.

In Tolaram v. State of Rajasthan [1996 Cr. L. J. 8 (Raj)], the accused at the time of commission of the
act knew the nature of the act he was committing and on noticing the witnesses coming towards him
made an attempt to leave the house by jumping from a wall on an adjoining house, the plea of insanity
was rightly denied to him.

M’ Naghten’s Case

M’ Naghten’s case [R v. M’ Naghten, (1843) 10 CL & F. 200], a political maniac wanted to shoot
th
Britain’s Foreign Minister Robert Peel instead killed his Private Secretary Drumond on 20 January,
1843 in daytime. The killer was declared to be mentally insane by the medical expert.

The case involved two important issues before the Court , the point raised on the one hand was that
an insane person is incapable of distinguishing between right and wrong, while on the other hand,
the argument that public safety demanded that this plea should not be readily accepted as a defence
to shield the criminal from penal consequences needed proper attention. After a careful consideration
their Lordships found M’ Naghten not guilty on the ground of his mental insanity. It was observed
that every man is presumed to be sane and to possess sufficient degree of reason to be held responsible

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for his crime until the contrary is proved. In order to establish a defence on the ground of insanity, it
must be clearly proved that at the time of committing the act the accused was laboring under such a
degree of reason from disease of mind, as not to know what he was doing was wrong.

Q 31Explain Poverty and Crime

Ans: Poverty is a major cause of crime, since a hungry man can do literally anything in order to
appease his hunger. One comes across instances where a criminal commits a crime immediately on
his release from prison in order that he may be imprisoned again where he is assured of a square
meal. Outside the prison he has no such assurance. In this way, a close relation is found to exist
between the number of crimes and the prices of foodgrain in IndiaPoverty is a factor of crime and
also of recidivism. Generally, thefts are committed by the poor class persons who are not able to satisfy
the needs, of their families. They are not in employment and sometimes they are not able to meet out
the needs due to insufficient means of income and livelihood. To have some business, they need money
but they are not trusted by the society for the help because there is no guarantee of repayment of
money if advanced to them. The offenders by doing the crimes may think that they may satisfy their
family requirements and if sent to jail for sometimes for committing the crimes, they would be back
again

Q 32 Explain Broken Homes and crime

Ans: The broken home is a home which is broken psychologically or physically. Research studies show
that from 30 to 60 percent of delinquents come from broken homes. A four year study by California
youth authority showed that 62 percent of the State’s juvenile delinquents were the result of broken
home. Figures from various sections of New Jersy show that 50 percent of the children coming before
Juvenile Courts were from broken homes. Homes in which fathers were deceased, separated parents,
mothers deceased, and lastly, divorced parents.

The family is the most dominant factor in the social causes of crime in India. Noe-a-days family
disorganization is to be seen in India. The control previously exercised by the family over the
individual is now lacking. In urban areas, all the members of a family are to be seen pursuing their
individuals paths. With the lifting of family control there are no restrictions to the criminal tendencies
of children. Now that the natural relations between parents and children are devoid of love both
young boys and girls are prone to criminal activity. Even in the villages the adolescents and young
men and women do not respect their elders and they want to lead a carefree, unrestricted, individual
life. Due to all these causes sex crimes are increasing. One main cause of adultery, abortion,
miscarriage, prostitution and juvenile delinquency is the undesirable domestic conditions.

Q 33Define Crime and elaborate on the Classification of Criminal as proposed by Dr. Lambroso.

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Ans: A Crime is an act or omission which is prohibited by law as injurious to the public and punished
by the State.Blackstone defines crime as, it is an act committed or omitted in violation of a public law
either forbidding or commanding it.Dr. Lambroso adopted an objective and empirical approach to
the study of criminals through his anthropological experiments. After an intensive study of physical
characteristics of his patients and later on criminals, he came to a definite conclusion that criminals
were physically inferior in the standard of growth and therefore, developed a tendency for inferior
acts. Dr. Lambroso further generalized that criminals are less sensitive to pain and therefore they
have little regard for the sufferings of others. Thus, through his biological and anthropological
researches on criminals Lombroso justified the involvement of Darwin's theory of biological
determinism in criminal behavior.

Dr. Lambroso classified criminals into three main categories:

(1) The Atavists or Heriditary Criminals;

(2) Insane Criminals; and

(3) Criminoids

(1) The Atavists or Heriditary Criminals : Dr. Lambroso also termed them as born criminals.
In his opinion born criminals were of a distinct type who could not refrain from
indulging in criminality and environment had no relevance whatsoever to the crimes
committed by the Atavists. Dr. Lambroso, therefore considered these criminals as
incorrigibles i.e., beyond reformation. Dr. Lambroso enumerated as many as sixteen
physical abnormalities of a criminal some of which were peculiar size and shape of head,
eye, enlarged jaw and cheek bones, fleshy lips, abnormal teeth, long and flat chin,
retreating forehead, dark skin, twisted nose and so on.

(2) Insane Criminals: The second category of criminals according to Dr. Lambroso consisted
of insane criminals who resorted to criminality on account of certain mental depravity
or disorder.

(3) Criminoids : The third category of criminals according to Dr. Lambroso were those of
criminoids who were physically criminal and had a tendency to commit crime in order
to overcome their inferiority in order to meet the needs of survival.

The first attempt to understand the personality of offenders in physical terms was made by Lombroso
of the Italian School of Criminological He was first to employ scientific methods in explaining
criminal behavior and shifted th emphasis from crime to criminal.

‘Born Criminal’ Theory : This theory was the result of the abandonment of the theory of Free will and
the closer investigation of the attributes of the offender. Cesare Lombroso, Enrico Ferri are the main
names attached to this theory.

Enrico Ferri (1952-1932) -He described the crimes as the synthetic product of physical or
geographical, anthropological and psychological and social factors.

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Ferri described the following kinds of criminals: -

i) insane,
ii) born,
iii) Habitual,
(iv) Passionate,
(v) Occasional.

Raffaele Garofalos classification of criminals

Ans: Raffaele Garofalo was one of the three exponents of positive school of criminology. As to the
classification of criminals, he placed offenders into four categories, they are –

(1) Murderers whom he called ‘endemic’ criminals:

The main impulsion of crime is their bizarre moral make up. They are so hard-hearted that they are
capable of committing cold-blooded murders, raping daughters and wives of other under their nose.

(2) Violent Criminals who are affected by environmental influences such as prejudices of honour,
politics and religion :

The violent criminals are those who are motivated to crime by a feeling revenge, enmity or a desire
to settle the score.

(3) Criminals lacking in sentiment of probity:

These are the persons, who run away from homes and take vagabondage. They engage in street brawls
and usually make their both ends meet by extorting money lacking in sentiment of probity.

(4) Lascivious or lustful criminals who commit crimes against sex and chastity:

These criminals belong to families which are professionally criminals. Brought up in the atmosphere
of hatred, mistrust and suspicion, as they are, these criminals does not know what trust is and what
sympathy means.

Q 34 Explain Conflict Theory of Crime

Ans: The conflict theory of crime was written in 1938 by Sellin, where he asserted that culture
conflict emanates from conflict of conduct norms, where each separate culture sets out its own norms.
For example, rules of behaviour to be insisted into its members. In a homogeneous society these are
enacted into laws and followed by the members of that society because they consider them to be right.
However where the society is heterogeneous, this does not occur and culture conflict is bound to arise
[Sellin Thorsten : Culture Conflict & Crime (New York) p.47].

Vold was also one of the proponents of the conflict theory of criminal behaviour. He stated that people
are naturally group oriented and those who have some interests come together to form a group in
order to carry forward these interests. The central theme of Vold’s theory is that different groups have

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differ ent and often incompatible interests which gives rise to conflicts. Where groups have a similar
strength, then they often resolve their conflict by compromise thus lending stability to society.

Q 345 Inter – Relation between Criminology, Penology and Criminal Law

’Walter Reckless has described criminology as a “science which studies violation of criminal
codes or set of rules and regulation in society. ”The term “Criminology” has been defined
by various other criminologists and sociologists.According to David Scott,Penology is a
multidisciplinary subject that aims to study and evaluate the application of penal
sanctions to wrongdoers.It has broadly focused on the justifications,characteristics and
effectiveness of penal institutions. The criminal policy postulated by these twin sister
branches i.e. Criminology and penology are implemented through the agency of criminal
law.According to Donald Taft ,criminology is the scientific analysis and observation of
crimes and criminals whereas penology is concerned with punishment and treatment of
offenders.It is thus evident that criminology,penology and criminal law are inter-related
and one can not function without the other.

Q 3 6 Explain Bio-Physical factors and Criminology.

Ans: Biological differences in human personality also account for criminality in human beings. The
physical and biological abnormalities are generally responsible for criminal behavior

An American Criminologist Dr. Caldwell showed keen interest in Phrenology and published his
‘Elements of Phrenology’ in 1824. The doctrine stated three basic propositions –

(1) The exterior of the skull conforms to the interior, and to the shape of the
brain;

(2) The mind consists of faculties; and

(3) These faculties are related to the brain and skull.

Bio-chemical researchers have tried to show that hormonal imbalances have as adverse effect on
criminality. The hormonal imbalances affect the thinking power of the brain and control over nervous
system and this may lead to criminality. Likewise physiological factors such as age, sex and certain
endocrinal imbalances also seem to have a correlation with criminality of offenders.

Adolescents and juveniles are more prone of offences like stealing, vandalism and sexual assaults as
they fall a prey to the urges of sex and other lustful activities because of their tender age.The offences
of theft, gambling, drunkenness, breach of traffic rules etc. are more common with young persons
who are normally between the age group of 18 to 30 years. This is probably because of the fact that
these offences involve considerable display of courage, boldness and adventure which these young

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persons normally possess.The persons advanced in age and experiences are more prone to offences
like white collar crime, fraud, cheating, embezzlement etc.

Q 37Explain Freud’s theory of Criminal Behaviour

Ans: Sigmond Freud (1856-1939) explained mental conflicts in the personality of criminals in terms
of ‘id’, ‘ego’ and ‘super ego’. He asserted that ‘Id’ generates basic biological and physiological urges
and impulses in a person such as sexual desire, hunger, affection for kith and kins, lust for power etc.
While ego refers to the conscious personality of which the individual is aware that is to say, although
the desire for sex and hunger are basic urges of a person yet he is all the time conscious that only the
righteous means to fulfil these desires protect his personality and any deviation from the normal
course shall cast aspersions on his personality. Super ego according to Freud is the force of self-
criticism and control inherent in every person thus there is a constant conflict between ‘id’ (basic
urges of men) ego and super ego.

Freud, therefore contends that crime is the substitute of symbolic behavior of a person. Thus, the
desire for committing suicide (self-murder) is out of the feeling of inferiority, frustration, depression
or anxiety.According to Freud, the ego does not exist at birth, but it is something the individual learns.
For example, a baby learns that it is fed only after crying and child learns to say ‘please’ in order to
obtain thing which he wants. Gradually, ‘ego’ develops and starts controlling the temper. i.e. id.Thus,
it would be seen that id demands pleasure, while the super-ego demands control and repression and
both push ego towards its own. As a result of this, there is a conflict which is difficult to resolve.

Q 38 Aristotle’s four laws of Association - Explain Briefly.

Ans: Aristotle the great Greek Philosopher stated four laws of Association, that are (1) Similarity; (2)
Contrast; (3) Succession in time; and (4) Co-existence have a close bearing on the psychological
concept of crime. Each of these factors greatly influence the behavioural pattern of the criminal

As to the similarity, Aristotle holds that persons following similar criminal traits comes closer and
associate themselves into bigger gangs. Again, the beginners learn patterns of their seniors and
associate themselves with their criminal activities. Thus, the psychological tendency to act in a similar
way by observing or imitating the behavior of others can make persons follow criminality in
life.Likewise Contrast between criminals and non-criminals as to their association and behavior also
leads to strifes and clashes which ultimately aggravate crime. Speaking about laws of Succession
in time Aristotle suggests that human conduct is a phenomenon that persist through unbroken links.
That is to say, various behavioural norms are followed from generation to generation in succession.
Though with the change in time and circumstances these patterns may undergo a change,
nevertheless, their basic values remain unchanged.Finally, he stressed that it is the desire for co-

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existence which causes delinquents to form their associations for helping each other lends a person
into criminality.

Q 39Explain Free-will Theory

Ans: During the middle of eighteenth century Beccaria, the pioneer of modern criminology
expounded his naturalistic theory of criminality by rejecting the omnipotence of evil spirit. He laid
greater emphasis on mental phenomenon of the individual and attributed crime to free will of the
individual. Thus, he was much influenced by the utilitarian philosophy of his time which placed
reliance on hedonism, namely, the pain and pleasure theory. The major shortcoming of the classical
school was that it proceeded on an abstract presumption of free will and relied solely on the act (i.e.
the crime).

With the advance of behavioural sciences, the monogenetic explanation of human conduct lost its
validity and a new trend to adopt an eclectic view about the genesis of crime gradually developed. By
the nineteenth century, certain French doctors were successful in establishing that it was neither ‘free
will’ of the offender nor his inmate depravity which actuated him to commit crime but the real cause
of criminality lay in anthropological features of the criminal.

Q 40 Explain Irresistible Impulse

Ans: The Irresistible impulses stated in the, P. Ramanathan Aiyar’s The Law Lexicon is the absence of
sufficient mental power to choose between right or wrong.A person under an “Irresistible impulse”
when by reason of duress or mental disease, he has lost power to choose between right or wrong to
avoid doing the act in question; his free agency being at the time destroyed.

‘Irresistible impulse’ in criminal law is that uncontrollable impulse produced by disease of the mind,
when that disease is sufficient to override the reason and judgement, and obliterate the sense of right
as to the act done, and deprive the accuse of the power to choose between them. This impulse is born
of the disease and when it exist capacity to know the nature of the act is done.When a person commits
a crime under irresistible impulses it is said to have been committed under impulsive-insanity. The
psychiatrists say that a person commits an act of violence because he finds himself failed to control
his impulses.

3 Police and the criminal justice

Q 41 Discuss functions of Police

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Ans: Police is an important organ of Justice system of State. According to Sutherland, the term ‘Police’
refers, primarily to agents of the State whose function is the maintenance of law and order especially
the enforcement of the regular Criminal Code.

Functions of Police

1. Prevention of crimes: The important function of police is to reach on the spot of

occurrence of crime and to take necessary steps to prevent its occurrence. The duties
and responsibilities of police are very essential as it not only prevents crime but also
maintains law and order in the society.

2. Arrest of Offender : Police can arrest a person without warrant in cognizable offences
and with the warrant in non-cognizable offence.After the arrest of the criminal the
police should produce him in the court.

3. Execution of the orders of the court : One of the important duty of the police is to enforce
orders of the courts viz the warrant of arrest, orders of attachment of property etc

4. Search, inquiry and interrogation : On receipt of search warrant from the court, it is the
duty of the police to proceed to take necessary search of the house or the part of the
house and interrogate all suspects of the crime

5. Relief Works: Police has also to do many reliefs works. For instance, during natural
calamities like flood ,cyclone, famines and also pandemics it helps the public. It controls
the heavy crowd in public meetings, local fairs and other social and religious gatherings,
processions and functions.

Q 42 Explain Police System

Ans: The Police as a functionary of criminal justice system, has to play an important role in
maintenance of peace and enforcement of law and order within its jurisdiction. Its primary duty is
to safeguard the lives and property of the people and protect them against violence, oppression and
disorder. Thus, a number of functional agencies, notably the police, the courts and the prisons or after
care institutions are involved in the administration of criminal justice. In addition to this the
institutions of probation and parole are also there to bring about reformation of offenders. In several
cases the offender is discharged by the police after preliminary investigation while in some cases ,
prosecution against the accused is dropped by the court at some stage or there is acquittal. Thus the
police have a very important role to play in a democratic set-up of government. They must win the
confidence of the people. The principles underlying policing are viz)to contribute towards liberty,
equality and fraternity in human affairs;to help and reconcile freedom with security, and to uphold
the rule of law ; to contribute towards winning faith of the people;to strengthen the security of persons
and property;to investigate, detect and activate the prosecution of offences etc.

Q 43 What is Interpol?

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Ans: The criminality has become a global phenomenon in the modern computer age. The tremendous
growth in the means of transport and inter-communications has brought in its wake new problems
of criminality.. The dangers of international crime have to be faced squarely by all the nations.
Therefore, every individual country has its own international agency to tackle the problems of
international crime. The agency is familiarly known as ‘INTERPOL’ {International Criminal Police
Organization } which has assumed great importance in recent years due to rising incidence of
trafficking in drugs, gold, precious stones, forgeries of traveler’s cheque, documents, passports and
counterfeiting of currency notes. The assistance of Interpol is invariably sought in making arrest of
criminals involved in hijacking of aeroplanes.The activities of Interpol also include searching and
chasing of international criminals, circulation of information regarding international crimes and
criminal gangs received from member police forces, assisting in arrest of international criminals and
making arrangements for keeping them under surveillance, pending their extradition.

The purpose of International Criminal Police Organization is –

(1) To ensure and promote the widest possible assistance between all criminal police authorities
within the limits of the laws existing in different countries and in the spirit of the Universal
Declaration of Human Rights; and

(2) To establish and develop all institutions likely to contribute effectively to the prevention and
suppression of ordinary crimes.

Q 44 Explain The Women Police

Ans: After Indian independence, women police have also been recruited in the police establishment
from the year 1947. They mainly deal with the offences relating to juveniles and women delinquents.
Women police were introduced in United Kingdom for the first time in 1917, when a woman was
recruited as a civil police official in the Crime Investigation Department. The emancipation of women
and their involvement in outdoor activities has necessitated strengthening of this wing of police to
tackle women and juvenile problems. The Indian women police perform the functions of escorting
women offenders from one place to another or arrest and apprehend them. They also conduct search
and seizure in case of women delinquents and juvenile offenders.

It is also a part of their duty to maintain order and discipline in the fairs, functions and gatherings
exclusively meant for women folk. The services of women police are frequently utilized for helping
the pardanashin ladies in obtaining passports, etc. Recently, the dowry deaths and the bride burning
incidents have necessitated women police mostly to deal with cases of domestic violence, eye-teasing,
dowry harassment, physical & Mental harassment at workplace, etc. Several States in India have
women police in their Police Force to cope up with the problems relating to women and children.

Q 45 Explain Home Guard Police

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Ans: The post-independence era in India witnesses a radical change in the socio-political conditions
of the country. As a result of these changes, an auxiliary police establishment was needed to help the
regular police in times of need. Therefore, a new police wing called the Home Guard Police was
established to assist the police in times of flood, famine or other calamities. The service of Home
Guards is utilized in times of emergencies for helping the police to restore law and order. Both men
and women between the age group of 16 to 40 years can be recruited as Home Guards. They are
imparted basic training in physical exercises, drill and gun-firing. Besides, they are also trained in
civil defence, first aid and firefighting devices. There are separate training programmes for the Home
Guards of rural and urban areas at district level. After completion of their training and Home Guard
recruits are supposed to live in groups in specially arranged camps where they take practical training
in different jobs such as protection of public utility services, relief work in famine, flood affected areas
etc. There is round the clock 24 hours deployment of Home Guard Police with the Railway Police at
all railway stations and regular baggage check-up search by metal detectors. It must be noted that
the Home Guard establishment is essentially a voluntary service organization. There is a Chief
Command General of Home Guards in each State. The entire organization is divided into divisions,
companies and platoons. They have a prescribed uniform and badges.

Q 46 Explain the role of Police in Juvenile Delinquency

Ans: The police has to deal with delinquent and neglected children . So, police officer should have in
this field certain special training and ability such as observation, the psychological traits necessary to
deal with children .The police have to adopt measures to cope up with the problem of Juvenile
delinquency. Some of the measures which are important in this context are mentioned briefly as
follows:

(1) Detention of pre-delinquency and criminogenic situations and bringing these

children to the notice of parents, teachers and others, as the case may be,
with a view to take timely correction action;

(2) The location of destitute and neglected children and their referral to
institutional case in order to avoid their exploitation by adult criminals;

(3) The organizational or recreational activities, e.g., boys club for children
living in high delinquency areas so that they could spend their leisure time
in constructive manner under proper guidance and benevolent supervision.

(4) It is very essential for the police officers at all levels to understand the causes
and factors underlying juvenile delinquency and deal with adult criminals.

(5) Adult offenders exploiting the children keeping themselves in the

background should be located and exposed during police investigations and
should be dealt with accordingly;

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 (6) Police can also render useful public service through educative publicity
highlighting the causes and factors leading to delinquency, teachers and
community should do to prevent delinquency. They can also inform them
as well as children concerned about the danger of exploitation or
victimization by adults, accordingly they should encounter it.

Q 47 What is RAW?

Ans: Research and Analysis Wing (RAW) is the primary foreign intelligence agency in India. It was
established in 1968 to create a specialized, independent agency dedicated to foreign intelligence
gathering, previously, both domestic and foreign intelligence had been the purview of the intelligence
Bureau and Functions and Activities of Research and Analysis Wing are highly confidential

The objectives of Research and Analysis Wigs –

(1) Monitoring the political, military, economic and scientific developments in

countries which have a direct bearing on India’s national security and the
formulation of its foreign policy;

(2) Moulding international public opinion and influence foreign governments with
the help of the strong and vibrant Indian diaspora;

(3) Operations to safeguard India’s National interests;

(4) Anti-Terror Operations and neutralizing terror elements posing a threat to India.

Functions and Activities of Research and Analysis Wing are highly confidential

Q 48 What is Search and Seizure?

Ans: The Police also conducts search and seizure (Sec. 94 of the Cr.P.C,1973). The search and
seizure should not be unreasonable. They may be conducted by police with or without a warrant. In
case a search is conducted on a warrant issued by a Magistrate, it must invariably contain the
following details :

(1) The information as to the statement of facts showing probable cause that a crime has been
committed;

(2) A specification of a place or places to be searched;

(3) A reasonable time limit within which it must be conducted.

The Police can also conduct a search without warrant when it is incidental to a lawful arrest.In case
the search involves interference with the privacy of person concerned, the police must obtain a search
warrant from a competent Court. An illegal search may lead to two serious consequences, namely, it
may either lead to a civil or a criminal action against the police or it may result into acquittal of the

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accused. The legal provisions relating to search and seizure are so framed as to maintain a balance
between the security of persons on the one hand and the protection to police in discharging its duty
properly on the other.Thus, during the course of investigation, the police is empowered to make
search, order production of documents, call witnesses, require them to attend court.After the
investigation, a police report is prepared upon which proceedings are instituted before a Magistrate.

Q 49 What is Patrolling and Surveillance?

Ans: The Patrolling and Surveillance is the visible police function for the purpose of general watch
and ward. There is a good amount of divergence in the patrol patterns in the urban and rural areas.
In rural sectors patrolling work is done by the village chowkidars. In areas having panchayat system,
able-bodied young men in the age group of eighteen to twenty-four are also utilized on honorary
basis. But in insurgency prone areas, armed police units go about in a roving commission, generally
in an unplanned manner. In all the rural police stations, the Station House Officer (SHO) is held
responsible for maintenance of law and order and deployment of policemen for patrolling. In urban
areas mobile patrols with wireless telecommunications are arranged. Generally there is no separate
patrolling division in the police forces located in cities and bigger townships.

Surveillance is another important function of the police which is based on anti-crime work. PEach
Police Station generally has a list of criminals and anti-social elements which require special watch.
The information about these criminals is kept on cards arranged alphabetically in modus operandi
boxes and their photographs are exhibited in the police station. In the modern age of computers, it is
advisable that all necessary information regarding notorious criminals and anti-socials should be fed
by way of all related data into the computer pool which may be referred to readily by the investigator
at the police station, or the sub-divisional police officer or even the Crime Investigation Department
Branch.

Q 50 Explain in detail the problem of Custodial Deaths in India with two cases and suggest measures
to curb it.

Ans: The problem of custodial torture is worldwide and the term ‘torture’ has been defined under
Article 1 of the Convention as ‘any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person information or a
confession, punishing him for an act he or a third person has committed or suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a public official or, other person acting in official capacity’.

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Article 21 of the Constitution has also provided rights relating to life and personal liberty. The right
against custodial violence has also been carved out of the fundamental right of life and personal
liberty guaranteed under Article 21,.A victim of custodial torture can move the court directly through
the writ petition for protection of his fundamental rights, specially the right to life and liberty
guaranteed by Article 21 of the Indian Constitution.

The Supreme Court has held in several cases that legal assistance to a poor or indigent accused who
is arrested and put in jeopardy of his life and personal liberty is a constitutional imperative not only
by Article 39-A but also by Articles 14 and 21 of the Constitution.

In Prabhakar Pandurang v. State of Maharashtra, the Supreme Court ruled that detention in prison
cannot deprive the detenu of his fundamental rights. In the case of D. K. Basu v. State of West Bengal
[AIR 1997 SC 3017], the Supreme Court expressed its concern for custodial commission of crime and
gave historic judgment and provided basic requirements to be followed in all cases of arrest and
detention till legal provisions are made in that behalf to prevent custodial violence..

In the case of Sunil Batra v. Delhi Administration [AIR 1978 SC 1675], it was held that prisoners are
entitled to all fundamental rights which are consistent with their incarceration. The Supreme Court
in Sunil Batra II [(1983) 3 SCC 488] observed as follows ;‘Fundamental rights do not flee the persons
as he enters the prison although they may suffer shrinkage necessitated by incarceration’.

The Supreme Court in Sheela Barse v. State of Maharashtra [(1983) Cr. L.J. 642 (SC)], expressing the
concern about the agony of a arrested person in custodial investigation observed, ‘Whenever a person
is arrested by the police without warrant, he must be immediately informed of the grounds of his
arrest and in case of every arrest it must immediately be known to the arrested person that he is
entitled to apply for bail …. Whenever a person is arrested by the police and taken to the lock-up,
the police will immediately give intimation of the fact of such arrest to the nearest Legal Aid
Committee and such legal Aid Committee will take immediate steps for the purpose of providing legal
assistant to the arrested person at State level cost provided he is willing to accept such legal assistance.’

Q 51Explain any two scientific methods of investigation.

Ans: Forensic can be defined as related to court prudence. Courts have also started giving importance
to scientific investigation and scientific evidence is treated as opinion of expert while arriving at a
conclusion about the guilt or innocence of the accused. Though its technologies are borrowed from
various scientific discliplines like chemistry, medicine, surgery, biology, photography, physics, maths
etc., but over the years it has developed its own branches like anthropology, Ballastic, DNA, finger
printing, entomology, hairs and fibres, odontology, pathology, questioned documents and toxicology.

The original test for the admissibility of DNA and other scientific was developed in Frye v. U.S. and is
commonly known as the Frye Standard.In India the scientific investigation and evidence is

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appreciated by courts and acted upon in deciding criminal cases. In Mukhtiar Singh v. State [AIR
1971 SC 1864], the Supreme Court accepted forensic science expert’s evidence produced by the
prosecution that the fired cartridges found at the site of occurrence were fired from the rifle recovered

Q 52 Suggest Changes in Police Force

Ans: The Police in India is burdened with tremendous work and pressure due to the facors like of
the socio-economic life of the community, heterogeneous nature of the population etc. Hence there
is need of honest, sincere and dedicated police force and some improvement in the present day
structure of police department are required.

1. Attempts should be made for improving the police community relations through various
ways like occasional meetings of policemen and citizens be organized in police stations
/ colleges / universities and in public places in which the citizens and police give each
other ‘feedback’ and mutual problems may be discussed openly; appreciating the good
work done by the police , provision should be made for handling grievances against the
police;etc

2. Training in sociology and psychology of human behavior, change in social, political and
economic conditions of society, moral values, qualities of self discipline, flexibility in
approach,human sensitivity etc., should be imparted to all policemen.

Police force should be encouraged for getting certificates and diplomas in law,
sociology, social work and psychology etc.

3. In the process of recruitment, strict screening and objective assessment should be

done.Transfers and promotion issues have to be handled with care .

4. The system of accountability and strict punishment for custodial deaths must be
introduced.

5. Police force should be strengthened both in terms of numbers and with regard to their
training and equipment.

6. There is need to examine the widening gap between the role of the police as defined by
the various laws and the expectations of the common man

7 Considering the functions and pressure , practical system of working hours of police
needs to be introduced.

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 4 Punishment of Offenders

Q 53Explain various theories of punishment

Ans: Punishment is suffering in person or property inflicted by the society on the offender
who has been adjudged guilty under the law.Some thinkers maintain that punishment is
an end in itself.. On the other hand, there are others who feel that punishment is not an
end in itself that it is a means to some other end.
Theories of Punishment
1. Deterrent-. The purpose of punishment according to this theory is to deter the
prospective criminals from committing crimes by terrorising them. An offender is
punished to set an example unto others. By setting an example unto others it prevents
commission of a crime and prevention is better than cure.It can successfully deal with
the incorrigible offenders.
2 Preventive-The object is to prevent a criminal from committing crimes in future by rendering
the offender incapable of the offence either permanently or temporarily.

3 Reformative-The Most widely accepted of all theories of punishment in modern times is

reformative theory of punishment. According to this theory, the object of punishment is to
reform the offender and correctional therapy is used. .It supplies best justification for
punishment to reform & rehabilitate the criminal. It is suitable for a) insane, b) young, c) first
casual offenders.But it breaks down with incorrigible offender.

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4 Retributive-It is simply the primitive theory of private vengeance of an eye for an eye or a
tooth for a tooth with the difference that the retribution is meted out by the society instead of
the aggrieved party.

5 Compensatory- The purpose of punishment is to compensate a victim of the crime.According

to Dr.Sethna “The main spring of criminality is greed and if the offender is made to return the
ill gotten benefits of the crime, the spring of criminality would be dried up.’

Conclusion:No theory of punishment can achieve the real purpose of punishment singly.
Calwell, an American Criminologist observes, ‘Punishment is an act which involves the
balancing of retribution, deterrence & reformation.’

Q 57 Deterrent theory of punishment as the best theory to prevent crimes.Discuss

Ans: According to this theory the object of the punishment is to deter the offender from repeating the
same course of conduct so that the person and property of others or the society at large may not be
harmed. There is a conflict of interest between the wrongdoer and the society.. According to Locke
the offence is made an ill bargain to the offenders. By getting punishment the offender is afraid of
with the pains of punishment. This kind of punishment presupposes infliction of severe penalties on
offenders with a view to deterring them from committing crime. It is the fulfillment of one’s
vengeance that underlies every criminal act. The deterrent theory also seeks to create some kind of
fear in the mind of others by providing adequate penalty and exemplary punishment to offenders
which keeps them away from criminality.

Therefore, deterrence is undoubtedly one of the effective policies which almost every penal system
accepts despite the fact that it invariably fails in case of hardened criminals because the severity of
punishment hardly has any effect on them. It also fails to deter ordinary criminals because many
crimes are committed in a spur of moment without any prior intention or design. The futility of
deterrent punishment is evinced from the fact that quiet a large number of hardened criminals return
to prison soon after their release. They prefer to remain in prison rather than leading a free life in
society. Thus, the object underlying deterrent punishment is unquestionably defeated.

Q 58 What are the various ways of punishment to prevent crimes?

i. Ans: The punishments to which offenders are liable under the provisions of this code are
of six different types as follows.
1. Death-Death or capital punishment is the highest penalty awardable to an accused
under IPC’.In India death penalty is executed by hanging till death. Section 354(3)
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 of Code of Criminal Procedure provides that while awarding the sentence of death,
the Court must record ‘special reasons’ justifying the sentence and state as to why
an alternative sentence would not meet the ends of justice in that particular case

Offences Punishable with Death Penalty :

a) Treason, i.e., waging war against Govt. of India (Sec 121) & abetment of mutiny
(Sec 132)
b) Perjury resulting conviction & death of an innocent person (Sec 194)
c) Murder (302,305)
d) Abetment of suicide of a minor an insane person (sec 305)
e) Attempted murder by life convicts (Sec 307)
f) Dacoity with murder (Sec 396)
g) Kidnaping for ransom (Sec 364-A)
h) Repeat Offenders (Sec 376 E)

In Bachan singh v State of Punjab the court upheld the constitutionality of the aforesaid
sections and propounded the dictum of ‘rarest of rare cases’ according to which
death penalty is not to be awarded save in the rarest of rare cases when the
alternative option is unquestionably foreclosed.
.
2. Imprisonment for life-It amounts to imprisonment for the whole of the
remaining period of the convict’s natural life and not only 14 years. The appropriate
Govt. may commute the sentence of imprisonment for life imprisonment of either
description for a term not exceeding 14 years .In G.V. Godse V/s State of
Maharashtra it was observed that a sentence of life imprisonment must be treated
as a sentence for whole of remaining period of life of convicted person.

3. Clause ‘Thirdly’ omitted by the Act 17 of 1949.

4. Imprisonment , which is of two description –
a) Rigorous, that is with hard labour-Offences of serious nature such as Giving
or Fabricating false evidence with intent to procure conviction of a capital offence:((
Sec 194) or House trespass to commit an offence punishable with death( Sec 449)
are punishable with rigorous imprisonment of specified duration.During this
period,the convicts are made to hard labour such as breaking stones,carpentary etc.
b )Simple Imprisonment-simple imprisonment means lodging of a person inside the
prison with only light duties and such persons are not required to do hard labour.

5. Forfeiture of Property.-Forfeiture means the confiscation of specific property

belonging to the offender in consequence of some default or offence committed by
him. Section 53, IPC provides forfeiture of property as a form of punishment. The
offences which are punishable with forfeiture of property are contained in Sections
126, 127, 169 and 263-A of IPC
6. Fine-Fine as a punishment may be imposed with or without
imprisonment.There are some petty offences for which the only punishment
prescribed is fine.

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Q 59 Should the Capital Punishment be abolished? Discuss

Ans: Capital punishment is the most barbaric and brutal. From the earliest times of the history of
law known to the present day the capital punishment has existed.The death penalty is pleaded for the
sake of its deterrent effects.

Capital punishment is prescribed in India for various offences under Indian Penal Code are as follows:

(1) Waging war against the Government of India; (Sec.121)

(2) Mutinity and its abetment; (Sec 132)

(3) Giving or fabricating false evidence upon which an innocent person suffers death; (sec.
194)

(4) Murder; (Sec.302)

(5) Abetment of a suicide of woman or an insane or an intoxicated person; (Sec. 305)

(6) Dacoity accompanied with murder (Sec.396)

(7) Attempt to murder under sentence of imprisonment if hurt is caused in such attempt;
(Sec.307)

(8) Kidnapping for ransom (Sec.364-A)

(9) Rape when the victim is under 10 years r rape by a relative when the victim is under 18
years of age; (Sec.376)

Retention preferred to Abolition: The current wave of reformation in the field of criminal justice
system inspired Parliamentarians in India to launch a crusade against capital punishment. In the year
1962 Rajya Sabha accepted discussion for debate of abolition of capital punishment, the general
opinion of the House favoured retention of death penalty realizing that time had not yet come when
its repeal from the statute book could be justified. The retentionists in the House opposed abolition of
death sentence on the ground that its retention in the Statute book acted as an effective deterrent for
hardened and habitual murderers and dangerous criminals whose elimination from the society was
inevitable.The consensus was in favour of retention of capital punishment in view of the deteriorating
law and order situation in the country.The report of the Convention of International Congress of
Criminal Law which was held in New Delhi concluded the general consensus was clearly in favour
of retention of death penalty though its use may to be restricted to ‘rarest of rare cases’.

Q 60 J Define a Juvenile Delinquent under the Juvenile Justice Act, 2000? What are the
different causes of Juvenile Delinquency?

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Ans: A Juvenile Delinquent is defined as a child under 18 years of age brought before juvenile
court on a delinquency petition. He is either placed on probation or committed to a
correctional institution.

Juvenile Delinquency: Different approaches have been used to define and explain the term
‘juvenile delinquency’, like the legal approach, the social work approach, the psychological
approach, and the sociological approach. The legal approach which is based on normative
formalism, tends to explain delinquency in specific terms in order to protect the public from
dangerous conduct and to protect the delinquent from unjust acts by the police and the
courts. The social work approach is informal and therapeutic. The psychological approach is
analytical.

In terms of age a juvenile delinquent is considered an under age criminal i.e. one who is
between the age of 7 and 18 years, as prescribed by the law of the land. The maximum age
today for juvenile delinquent according to Juvenile Justice Act of 2000 is 18 years, but earlier
according to the children Act, it was different in different states.

‘juvenile delinquency’ includesviz,The violation of any law or ordinance,Immoral and

indecent conduct,Immoral conduct around school,Engaging in illegal
occupation,Knowingly entering in the company or association of vicious or immoral
persons, smoking cigarettes around the public place,Begging or receiving alms or
wandering for that purpose in streets

Causes of Juvenile Delinquency : Following are the main causes of juvenile delinquency
:

1The child in this age wants to maintain his own identity, fashions, dress, language, dance,
food, and play are also attractions of this age. The problem becomes severe when the
adolescents are not kept in containment and their growth is not checked.

2. The juvenile delinquency in some cases is the results of uncongential home atmosphere.
The behavior of parents amongst themselves is of vital concern in moulding the child
psychology from the very beginning.

3. When the child starts to move outside his family, he comes in contact with various
classess of persons of all age. If he falls in bad association, he starts to behave
accordingly.

4. The person who have sex experience in their childhood become more tempted to it day
by day. In their craving for sex, they may do other undesirable thing.

5. These days the movies are dominated by the theme of sex and violence. The glamour
of the life of the villain till he exposed to the public or to the authorities or brought to

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 the book has also a deep impact on the young mind. The children therefore become
delinquents.

6. Some children may not be mentally prepared to go to school and therefore, may leave
the classes and become truants. They may develop other delinquent behavior also.

7. Poverty is a cause of delinquency and so of juvenile delinquency. The desire to have

comfort and luxuary by hook or crook develops giving birth to delinquency. The theft
and gambling generally are the starting points of it.

8. During the childhood, the impulse is generally not subject to easy self-control.
Q 61Who is Delinquent Juvenile? Rules and procedure for Prosecution of a Juvenile

Ans: A Juvenile Delinquent is defined as a Child under 18 years of age brought before Juvenile Court
on a Delinquency petition. He is either placed on probation or committed to a Correctional Institution.

Rules and procedure for Prosecution of a Juvenile

Ans: According to section 29 of the Juvenile Justice (care and protection of children) Act, 2000, the
child welfare committee have been established for prosecution of a juvenile. 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. (Sec.31)

Then the child may be produced before the committee by one of the following persons : (i) any police
officer or Special Juvenile police Unit or a designated police officer, (ii) any public servant, (iii) child
line a registered voluntary organization or an agency as may be recognized by the State Government
(iv) any social worker or a Public spirited citizen authorized by the State Government, (v) by the child
himself. The state Government may make the rules constituent with this Act to provide for the manner
of making the report to the police and to the committee and the manner of sending and entrusting
the child to children’s home pending the inquiry. (sec.32)

On receipt of a report under sec.32 the committee or any police officer or special juvenile police unit
or the designated police officer shall hold an inquiry in the prescribed manner and the committee on
its own or on the report from any person or agency as mentioned in sub-section (1) of section 32 may
pass an order to send the child to the children’s home for speedy inquiry by a social worker or child
welfare officer.The inquiry shall be completed within four months of the receipt of the order or within
such shorter period as may be fixed by the committee. After the completion of the inquiry of the
committee is of the opinion that the said child has no family or ostensible support, it may allow the
child to remain in the children’s home or shelter home till he attains the age of eighteen years.

Q 62 Explain Care and Protection of Juvenile

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Ans: The Juvenile Justice (Care and Protection of Children) Act, 2000, has made provisions under the
Act for the child in need for care and protection means (i) who is found without any home or settled
place or abode and without any ostensible means of subsitence.

(ii) who resides with a person (whether a guardian of the child or not) and such person -

(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat
being carried ou; or

(b) 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;

(iii) who is mentally or physically challenged or ill children suffering from terminal diseases
or incurable diseases having no one to support or look after;

(iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to
exercise control over the child;

(v) who does not have parent and no one is willing to take care of or whose parents cannot
be found after reasonable inquiry;

(vi) who is being or is likely to be grossly abused, tortured or exploited for the purpose of
sexual abuse or illegal acts;

Procedure etc. in relation to Board –

(1) The Board shall meet at such time and shall observe the 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 principal Magistrate shall prevail. (sec.5)

Powers of Juvenile Board : (1) Where a Board has been constituted for any district or a group of
districts, such Board shall notwithstanding anything contained in any other law for the time being in
force but save as otherwise expressly provided in this Act, have power to deal exclusively with all
proceedings under this Act relating to juvenile in conflict with law.

(2) The powers conferred on the Board by or under this Act may also be exercised by the
High Court and the Court of Session, when the proceedings comes before them in appeal,
revision or otherwise. (Sec.6)

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Q 63 Explain Minor Criminal

Ans: A child under 14 years is presumed not to have reached the age of discretion and to be doli
incapax; but this presumption may be rebutted by strong and pregnant evidence of a mischievous
discretion …. for the capacity to commit crime do evil and contract guilt is not so much measured by
years and days as by the strength of the delinquent’s understanding and judgement.

Cross and Jones in “An Introduction of Criminal Law” states, ‘It is conclusively presumed that no child
of ten years or over, but under the age of fourteen is presumed to be incapable of committing a crime
but this presumption may be rebutted by evidence of mischievous discretion.’i.e. Knowledge that what
was done was morally wrong.

Indian Penal Code extends total immunity upto the age of seven. Section 82 provides : “Nothing is an
offence which is done by a child under seven years of age.”

Section 83 IPC, provides for partial absolution up to the age of twelve. It reads, “Nothing is an offence
which is done by a child of seven years of age and under twelve, who has attained sufficient maturity
of understanding to judge of the nature and consequences of his conduct on that occasion.”

Q6 4 Explain Women Criminals

Ans: As human beings, women are also subject to inherent weakness of greed, motive, and other
factors generating the criminal mentality. The professional ‘easy virtues’ women are seen to abet the
males to the sexual urge, it is otherwise that the number of such women may be scanty.Sometimes
the women commit crimes because they under heavy strains due to maladjustment with the husband’s
family. They make an attempt on their lives or they may do other criminal acts in the heat of anger
and anguish. The crimes may also be the result of a sheer frustration. In such cases, the sympathetic
attitude of the law rather than stringent penalty will be more applicable. In Ediga Anamma v. State of
Andra Pradesh, deserves to be noted here. The accused, a married lady was living in illicit relations
with a man. The man developed his sexual intimacy with another lady, Annusuya. The accused under
the fury of sex jealously murdered her rival Annusuya and her baby Nirmala.by a chisel and
disfigured the face of the deceased and buried the body of the baby beneath the river sand. She was
sentenced by the trial court with death for murder and life imprisonment for secreting the evidence
of the crime under section 201. The High Court confirmed the guilt and sentenced. Justice Krishana
Iyer of the Supreme Court while maintaining the conviction allowed the appeal and awarded life
imprisonment. One of the grounds on which the court awarded life imprisonment was surrounding
circumstances of the accused..

The liberalization of the women in law and society and the women developing themselves mentally
equal to men have made the women more aggressive and assertive. The thinking that they are not

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inferior in any way to the men has bought a change in the outlook of the women resulting in revolt
and sometimes commission of the crime. The women, are kidnapped and abducted by the criminal
gang and ultimately these women are converted as criminals due to force circumstances. This may
operate in a terrifying and ruthless manner as hard core criminals with murderous thrust due to
revengeful attitude against those who have harmed them or their family.

Q 65 Reformative theory of punishment:

Ans: Reformative Theory of punishment is to prevent or reduce the crimes : An altogether different
approach from the above three theories is of this theory. The theory states that the object of
punishment should be reformatory. The offender should be reformed. The prison should be converted
into reformatory schools. The theory aims to convert an offender into a civilized man. The object of
punishment should not be physical or mental torture but a healthy atmosphere in the goal where the
offender’s notorious activities should be removed by providing him education and providing him with
the facilities and opportunities with which he was lacking and which prompted him to lead such a
life.

If there is a fear that the offenders are corporeally punished, the offences are prevented by such fear.
If the offender is too young, he can be reformed. In India the Parliament has passed, The probation of
Offenders Act, 1958, section 4 of which gives benefits to the offenders. Under this section the courts
have been empowered to release certain pffenders on probation of good conduct.

Q 66 Explain Special Juvenile Courts

Ans: The trial of a Juvenile offender is conducted in a special court presided by a special magistrate.
The object of conducting these proceeding is to save the juvenile from the rigours of ordinary laws
and to protect the procedure from being challenged under Article 15 & 21 of the Constitution on the
grounds of discrimination.The State Government under section 4 of the Juvenile Justice (Care and
Protection of Children) Act, 2000 has been authorized to constitute for a district or a group of districts
one or more 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. 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.

Special procedure of the Juvenile Justice Board

The procedure followed in the proceeding against juvenile offender under the Juvenile Justice
Act,2000,differs from that of an ordinary criminal trial and it is termed as special procedure
in view of such as the proceedings cannot be initiated on a complaint from citizen or
police,the hearing is informal and strictly confidential,the juvenile offender while under
detention is kept in observation home,the trial of juvenile in conflict with law is usually

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conducted by lady Magistrate ,no appeal lies against the order of acquittal made by Juvenile
Justice Board in respect of a juvenile alleged to have committed an offence.

Q6 7 Explain Juvenile Justice Board and its Procedure

Ans: Juvenile Justice Board –

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
State Government may, within a period of one year from the date of commencement of the Juvenile
Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official
Gazette, constitute for every district, one or more Juvenile Justice Boards for exercising the powers
and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict
with law under this Act.

(2) A Board shall consists 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 woman, forming a Bench and
every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of
1974), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class and
the Magistrate on the Board shall be designated as the principal Magistrate.

(3) No Magistrate shall be appointed as a member of the Board unless he has special knowledge or
training in child psychology or child welfare and no social worker shall be appointed as a member of
the Board unless he has been actively involved in health, education, or welfare activities pertaining
to children for at least seven years.

(4) The term of office of the members of the Board and the manner in which such member may
resign shall be such as may be prescribed.

(5) The appointment of any member of the Board may be terminated after holding inquiry, by the
State Government, if –

(i) he has been found of misuse of power vested under this Act;

(ii) he has been convicted of an offence involving moral turpitude, and

such conviction has not been reversed or he has not been granted full
pardon in respect of such offence.

(iii) he fails to attend the proceedings of the Board for consecutive three
months without any valid reason or he fails to attend less than three-
fourth of the sitting in a year. [Sec. 4]

Procedure, etc., 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.

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(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. [Sec. 5]

Q 68 Explain Child Welfare Committee and its Procedure

Ans: Child Welfare Committee –

(1) The State Government may, within a period of one year from the date of commencement of the
Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the
Official Gazette, constitute for every district, one or more Child Welfare Committees for exercising
the powers and discharge the duties conferred on such Committees in relation to child in need of care
and protection under this Act.

(2) The Committee shall consist of a Chairperson and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters
concerning children.

(3) The qualifications of the Chairperson and the members, and the tenure for which they may be
appointed shall; be such as may be prescribed.

(4) The appointment of an member of the Committee may be terminated after holding inquiry, by
the State Government, if –

(i) he has been found guilty of misuse of power vested under this Act;

(ii) he has been convicted of an offence involving moral turpitude, and

such conviction has not been reversed or he has not been granted full
pardon in respect of such offence;

(iii) he fails to attend the proceedings of the Committee for consecutive

three-fourth of the sitting in a year.

(5) The Committee shall function as a Bench of Magistrates and shall have the
powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on
a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of
the first class. [Sec. 29]

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Procedure, etc., in relation to Committee –

(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.

(4) Subject to the provisions of sub-section (1), the Committee may act,
notwithstanding the absence of any member of the Committee, and no order
made by the Committee shall be invalid by reason only of the absence of any
member during any stage of the proceeding. [Sec. 30]

Q 69 Special Homes means what?

Ans: Special Homes are established by State Government and maintained either by itself or under an
agreement with voluntary organizations, special homes in every district or a group of districts, as may
be required for reception and rehabilitation of juvenile in conflict with law.The Juvenile Justice
Act,2000 also provides for setting up Special Homes for custody of delinquent juveniles.Basic
amenities such as accommodation,medical care,education and vocational training are available to
delinquent juveniles in these homes.

Q 70 What do you mean by Borstal ?

Ans: A Borstal is Correctional institution for the long term treatment of Juvenile Offenders. The name
Borstal owes its origin to Borstal village in England where Rochester Prison was first converted into a
reformatory for boys.Borstals have been established in India under the Borstal School and
Reformatory Schools Act,1897.These institutions provide for educational and educational training to
young offenders.After release from a borstal institution ,the offender is placed under supervision of
an officer appointed by the court.The various state laws also provide for release of juvenile offenders
on a bond or security for good behaviour with or without sureties.There are at present a number of
Borstals functioning throughout India.

Q 71Explain the problem of Undertrial Prisoners

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Ans: The Problem of undertrial prisoners has assumed new proportions in recent years. Thousands of
undertrial prisoners are languishing in various jails in different States for period much longer than
the maximum term for which they could have been sentenced, if convicted. Many of them are
innocent persons who are caught in the web of the law eagerly waiting for their trial date and several
of them are even prepared to confess their crime and accept the sentence. There are several reasons
for this miserable plight of undertrials, some of them being court’s inability to take up cases because
of their busy overburdened workload, the prolonged police investigation, unsatisfactory bail system
and legal representation being beyond the meager means of poor offenders.

The main reason for multiplying number of undertrials each day is the system of bail which operates
very harshly against poor because they find it difficult to furnish bail even without sureties. Being
unable to obtain their release on bail they have to remain in jail until such time as the Court takes up
their case matter for trial. The pre-trial detention disrupts their family life and leads to disastrous
economic consequences. They are also prevented from taking necessary steps to prepare for defence.
Though Constitution has provide safeguards the fact remains that the functioning of judicial system
still weigh heavily against the poor as compared with the rich.Expressing grave concern at distressing
condition of undertrials in Bihar Jails,the Supreme Court in Hussainara Khatoon v State Of Bihar
observed that incarceration of undertrials who had virtually spent their period of sentence was clearly
illegal and blatant violation of their fundamental rights under Article 21 of the Constitution.

Q 72Explain Forms and Punishments in Ancient Period

Ans: In Ancient period men shared with animals the emotion of resentment at injury. The sense of
fear and ignorance led to barbarous method of treatment of offenders. The concept of law and order
was not yet known. The common methods of settling disputes were through personal vengeance such
as dual blood feuds and reparation, etc. In those days punishment was reflective reaction to injury as
pointed out by Gillin. Thus in early societies the basis of punishment was retribution and vengeance.
This obviously led to exploitation of the weaker by the stronger which resulted into complete chaos.
The ife and property were most insecure and always exposed to dangers. At time even the family
members of victim or his clan settled disputes with the offender or his family. It is significant to
mention that even the oldest epic Bhagwat Gita has justified killing in some cases as noble – a virtuous
act and to act contrary to it is a sin, an act of cowardice, which is unbecoming of a man.

According to Dharmashatra killing a murderer (Atatayanah) is one’s duty, may the killer be a
preceptor, child, old man or even a learned Brahmin. The murderer should be slain at once without
considering whether the act is virtuous or vicious.In the ancient penal law of India laid greater
emphasis on penance or Atma-Shuddhi of the offender and believed that if the offender sincerely
repented for his offence, the mental torture that he suffers due to remonstrance was in itself a great
punishment for him.

Q 73 Explain Mode of Execution of Death sentence in India

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Ans: The penalty of Death was commonly used from ancient times in cases of heinous crimes. There
was great divergence as to the mode of execution, they were crucification, drowning, burning,
boiling, beheading, throwing before wild beasts, flying or skinning off alive, hurling the offender
from rock, stoning, strangling, impelling, amputating, shooting by gun or starving to death. Hanging
the offender till death in public places has been a common mode of putting to an end to the life of
offender.

At present the common modes of execution of death sentence which are vogue in different parts of
the world are electrocution, guillotine, shooting, gas chamber, hanging, lethal injection etc.Nowadays
the method of hanging the condemned prisoner till death has been commonly in use in almost all the
countries since. In India also it is followed,Under British Rule of Criminal Justice Administration
during early decades of nineteenth century when death by hanging remained the only legalized mode
of inflicting Death Sentence.

Q 74 Explain Jail Manual

Ans: There were two major developments after the independence relating to the maintenance and
development of prisons –

(1) The United Nations Technical Assistance sought by the Government of India to
further reform in prison system. Dr. W. C. Reckless visited India in the year 1952,
he submitted a review of the ‘Prison Administration of India’, suggesting number
of modifications in the techniques of handling the offenders;

(2) The appointment by the Government of India of the All India Jail Manual
Committee in 1957 to prepare a report on the basis of the recommendations of Dr.
Reckless. It finalized a Model Prison Manual in 1960 which the State Governments
are expected to follow as a broad guideline to revise the State Prison Manuals.

The Modern Prison Manual recommendations incorporate the basic principles and
guidelines of the United Nations Standard Minimum Rules for the treatment of

Q 75 Define Shelter Homes.

Ans: The Shelter homes are for juveniles or children provided by State Government. The State
Government may recognize, reputed and capable voluntary organization and provide them assistance
to set up and administer shelter home for juveniles or children as may be required.

Q 76 Define Observation Homes

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Ans: The Juvenile Justice (Care and Protection of Children) Act, 2000 has provided provision of
Observation Home under Section 8 of the Act, it provides as follows :

Sec. 8 . Observation Homes –(1) Any State Government may establish and maintain either by itself
or under an agreement with voluntary organizations, Observation Homes in every district or a group
of districts, as may be required for the temporary reception of any juvenile in conflict with law during
the pendency of any inquiry regarding them under this Act.

(2) Where the State Government is of opinion that any institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception
of juvenile in conflict with law during the pendency of any inquiry regarding them
under this Act, it may certify such institution as an Observation Home for the
purposes of this Act.

(3) The State Government may, by rules made under this Act, provide for the
management of Observation Homes, including the standards and various types of
services to be provided by them for rehabilitation and social integration of a
Juvenile, and the circumstances under which, and the manner in which, the
certification of an Observation Home may be granted or withdrawn.

(4) Every Juvenile who is not placed under the charge of parent or guardian and is
sent to an Observation Home shall be initially kept in a reception unit of the
Observation Home for preliminary inquiries, care and classification for Juveniles
according to his age group, such as seven to twelve years, twelve to sixteen years
and sixteen to eighteen years, giving due considerations to physical and mental
status and degree of the offence committed, for further induction into Observation
Home.

Q 77 Write any two causes of Corruption.

Ans: The two causes of corruption are (1) Greed; (2) Low pay scales/wages; (3) Lack of strict and
fast punishment; (4) Lack of unity in public; (5) Lack of transparency; (6) Lack of enough powers to
Judicial System; (7) Less Conviction ratio.

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6 Treatment or correction of offenders

Q 80 Explain Children’s Homes

Ans: Children’s home under section 2(e) of the Juvenile Justice (care and protection of children) Act
2000, is children’s home means an institution established by a State Government or by voluntary
organization and certified by that Government under section 34;

Section 34, illustration as follows :

(1) The State Government may establish and maintain either by itself or in association with
the voluntary organizations, children’s homes, in every district or group of districts, as
the case may be for the reception of child in need of care and protection during the
pendency of any inquiry and subsequently for their care and protection during the
pendency of any inquiry and subsequently for their care, treatment, education, training,
development and rehabilitation.

(2) The State Government may by rules made under this Act, provide for the management
of children’s home including the standards and nature of services to be provided by them

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 and the circumstances under which, and the manner in which the certification of a
children’s home or recognition to a voluntary organization may be granted or
withdrawn.

Q 81 Explain The Problem of Criminality in Prisons

Ans: The problem relating to prison discipline concern among inmates inside the prison. As prisoner
is confined in prison so as to be societal aloof makes the criminal in prison detachment from family
and sex gratification which is one of the vital biological urges of human life. The prisoners-inmates
not able to control their desire resort to unnatural offences such as homosexuality, sodomy etc.
Therefore such offences and personal assaults are common inside the prisons. To suppress this
menace, some of the advanced countries have permitted periodical conjugal visits for inmates so as
to offer them a legitimate opportunity to pacify their sex urge and thus eliminate crimes of this nature
in prisons.

The Indian Prison management does not accept the idea of conjugal visits as the system of furlough
and parole serves a more useful purpose so far marital relationship between spouses are
concerned.The other cause of criminality among prison inmates is their frequent quarrelling inside
the prison. All inmates try to establish his superiority over other.The other type of problem is offences
of petty thefts as inmates are supplied only the articles of necessities. So, the articles stolen are of
regular self-personal use, such as soap, oil, utensils or a bread which are supplied to inmates in
prison.The other problem is the distrust and lack of faith among inmates for the prison authorities
which results in tension in prison. The tendency of disobedience to prison officials and defence of
prison regulations is common with prisoners.

Q 82 Write a detailed Note on Custodial Torture in prisons with atleast two case laws on it.

Ans: Custodial torture are particularly to the poor and helpless who cannot afford legal
representation are the victims of prison injustice by way of torture and harassment. A victim of
custodial torture can move the Court directly through Writ Petition for protection of his Fundamental
Rights, especially the Right to Life and Liberty guaranteed under Article 21 of the Constitution of
India.

In Prabhakar Pandurang v. State of Maharashtra, [AIR 1966 SC 424], the Supreme Court rules that
detention in prison cannot deprive the detenu of his fundamental rights.Also in D. B. M. Patnaik v.
State of A. P. [AIR 1971 SC 2092], the Apex Court held that mere detention is no ground for
suspension of detenu’s fundamental rights.

Supreme Court gave its historic judgment in Suil Batra v. Delhi Administration, [AIR 1978 SC 1685],
that prisoners are entitled to all fundamental rights which are consistent with their incarceration.
Looking to the need for humane treatment of prisoners and protection of their basic human rights,
the Supreme Court observed, ‘Fundamental rights do not flee the persons as he enters the prison
although they may suffer shrinkage necessitated by incarceration’..

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In Sheela Barse v. State of Maharashtra [AIR 1983 SC 378], the Supreme Court on a complaint of
custodial violence to women prisoners in jails, directed that those helpless victims of prison injustice
should be provided legal assistance at the State cost and protected against torture and maltreatment.

In Hussainara Khatoon v. Home Secretary, State of Bihar, [AIR 1979 SC 1819], the Apex Court
observed that a procedure which does not make legal services available to a poor undertrial person
cannot be regarded as just, fair and reasonable and, therefore, violative of right to legal aid of the
poor accused as contemplated by Article 21 of the Constitution. The Supreme Court in this case
ordered release of those undertrials who were languishing in jails for an inordinately long period.

Q 83 ExplainPower of Prison Officials

Ans: The power of prison officials are according to their post and the prison management is done as
follows :

Inspector General or Director General of Prisons is the overall incharge of all jails in a State. He is
assisted by Deputy Inspector General of Prisons. A Central Jail is in the charge of an officer of
superintendent rank and a district jail some inmates are promoted as Convict Officers. The minimum
conditions for appointing a Convict Officers are more than one year’s imprisonment and completion
of at least one-fourth of the total term of sentence. Such prisoners who are convicted of excise offence,
poisoning, forgery, vagrancy, unnatural offence, and counterfeiting of currency notes are not eligible
for the post of Convict Officer. The Convict Officer are further categorized as Convict Watchman,
Convict Overseers, and Convict Wardens. The Jailor looks after the jail administration with the help
of his subordinates and Convict Officers.

Q 84 Explain the Indian Prison system and Prison Reforms in India.

Ans: The need for a change of attitude towards the treatment of prisoners has been growing since
independence. With the advance of the knowledge of human behavior, the part played by psycho-
social environment in the development of the criminal is being recognized. The policy of repression
and vengeance which swayed the thinking of penologists and jurists until the end of the previous
century is thus being gradually replaced by the policy of protection through corrective and preventive
measures. The training of prison officers, the release of offenders on reforms. The training of prison
officers, the release of offenders on probation, home leave to prisoners, introduction of wage system,
release on parole, the educational, moral and vocational training of prisoners and the treatment of
offenders in open conditions as similar to outside world as possible are some of the new ideas which
have come into practice recently.

The employment of prisoners in open conditions has proved to be most successful from every point
of view. Even though the employment of provisions in open conditions is more than a century old
practice, but in earlier times it was meant to take hard work from prisoners under conditions which
were humiliating and de-humanising to the extreme while it now aims at providing them with useful

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and meaningful work under conditions which help in resorting their self respect and giving them a
sense of pride and achievements.

The process of reformation of prisons in India can be seen in the forming of certain prison reform
committees being set up and their recommendations - Prison Reform Committee of 1836, the first
Prison Reform Committee, 1838, the Second Prison Reform Committee, Indian Jail Reform Committee
1919-20, the Prison Act of 1894, the main recommendations were - Abolition of solitary
confinement, Classification of prisoners, periodic revision of jail manuals, prison labour, education,
vocational training, open Air prisons.

Some main changes in the present prison system in India are as follows :

1. Assigning Congenial Work : A prisoner should be assigned congenial work which gives
job satisfaction.

2. A prisoner must be paid a reasonable fraction of remuneration by way of wages for the
work done, since unpaid work is bonded labour and humiliating.

3. Mediation and sports and games : Self expression and self realization have a curative
effect. Therefore, any sports and games, artistic activity and or meditational course will
stimulate prisoner's creative and sensitivity.

4. Parole release : We have given thought to another humanizing strategy, namely, a

guarded parole release every three months for at least a week, punctuating the total
prison term. The jail authorities should periodically check whether the prisoner is
making progress.

5. Therapeutic Outlook : We consider a therapeutic rather than a punitive outlook should

prevail in our prison since brutal incarceration of the person merely produces laceration
of criminal 's mind. This strategy involves orientation courses for the prison personnel.

6. Legal assistance : Legal assistance to a poor accused is a constitutional imperative. It is a

necessary sine qua non of justice and where it is not provided, injustice is likely to result.

7. Human treatment and protection of fundamental rights : If a person is incarcerated, it

does not mean that inhuman treatment may be meted out in him and he be deprived of
his fundamental rights.

8. Handcuffs: A prisoner in transit between prison and court should not be handcuffed,
except under special conditions which have to be justified before and after. Handcuffs
are prima facie inhuman and repugnant. It is brutalizing to handcuff a prison in public.

9. Grievance boxes: Grievance deposit boxes shall be maintained in the prisons which will
be opened as a deemed fit, and suitable action take on complaints made. Access to such
boxes shall be accorded to all prisoners.

10. Visits by Magistrates: District Magistrates and Session Judges shall personally or through
surrogates, visit prisons in their jurisdiction and afford effective opportunities for

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 ventilating legal grievances. They shall make necessary enquiries there into and take
suitable remedial action. In appropriate cases, report shall be made to the High Court for
the latter to initiate, if found necessary habeas action

Q 85 Explain Open Prison

Open-air prison plays an important role in the scheme of reformation of a prisoner.Open

prisons are minimum security devices for inmates to rehabilitate them in society after
release.In India popularly called as open jails.The scheme of open jails for prisoners is
essentially based on twin system of probation and parole which have gained popularity
as correctional techniques of reformation .

An open prison was established in Yarvada in Maharashtra in 1995.The inmates in this open
prison were put to farming on co-operative basis.Another such open prison camp was
started at Swantrapur in satara district of Maharashtra.The inmates in this prison farm
lived with their families in huts constructed for the purpose without any supervision

Q 86 Explain After Care Programme

Ans: After care programme provides necessary provision and guidance to juvenile and children after
their release from children’s Home or Special Home so that they may be rehabilitated and lead an
honest and industrious life in future [Section 41 (adoption), 42 (Foster Care), 43 (Sponsorship) and
44 (After care programme)].

Section 44 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides After care
Programme which is as follows :

Section 44. After Care Organisation – The State Government may by rules made under this Act,
provide –

(a) for the establishment or recognition of after-care organization and the functions that
may be performed by them under this Act ;

(b) for a scheme of after-care programme to be followed by such after-care organizations

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;

(c) for the preparation or submission of a report by the probation officer or any other officer
appointed by that Government in respect of each juvenile or the child prior to his
discharge from a special home, children’s home, regarding the necessary and nature of
after care of such juvenile or of a child, the period of such after-care, supervision thereof
and for the submission of report by the probation officer or any other officer appointed
for the purpose, on the progress of each juvenile or the child;

(d) for the standards and the nature of services to be maintained by such after-care
organizations;

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 (e) for such other matters as may be necessary for the purpose of carrying out the scheme
of after-care programme for the juvenile or the child :

Provided that any rule made under this section shall not provide for such juvenile or child to stay in
the after-care organisation for more than three years :

Provided further that 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.

Q 87 Explain The American Prison System

Ans: In the medieval period, in the history of American colonies witnessed as era of Barbarism and
Deterrent punishment for criminals. The offenders were mercilessly tortured and brutally treated.
Even for minor offences they were subjected to severe punishment such as death, public humiliation,
branding, whipping and so on. With the march of time, public opinion mobilized against these
barbarous methods of treating the prisoners, this resulted in passing of Charter which was known to
be Penn’s Charter of 1862. The object of this Charter was to put end to brutal method of punishment.

The Penn’s Charter of 1862 had some basic reformative clauses such as,the practice of releasing
prisoners on bail should be introduced; Compensation should be allowed to persons who were
wrongfully imprisoned and this amount should be doubled, the actual amount actually suffered by
the victim of the Offender’s Act;

Further, the Quaker’s Movement in 1775 led to remodeling of philadelphain prison on a new pattern.

Incorrigible prisoners were subjected to solitary confinement in cells without any labour whereas the
corrigibles were lodged together in rooms and without any labour. Whereas the corrigibles were
lodged together in rooms and were put to work in shops during day time. Women delinquent and
vagrants were kept in separate well-fenced quarters. Thus, the prison was modeled on two major
principles namely, work during day and humanitarian treatment of offenders. The condition of
Philadelphian prison, however, deteriorated towards the end of eighteen century due to
overcrowding, laxity in discipline and abuse of power by Governors. This necessitated establishment
of a new Model Prison elsewhere. In America these two prison system were simultaneously started in
Pennsylvania and the other at Auburn.

Q 88 Explain The British Prison System.

Ans: The prisoners in England were also treated brutally and punishments were barbarous in nature.
John Howard in his famous book, ‘The State of Prisons’ has maintained that in the eighteenth century
the condition of prisons was lawful in England. In the beginning England adopted one particular type
of American Prison, the so-called Pennsylvania system. England also used the bulks for a time followed
the close revolutionary war before it had developed penal transportation to Australia.

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As there was objection from Australian free settlers of the transportation of such large number of
penal convicts to that country and the attacks upon the system by numerous leaders of thought in
England like Jeremy Bentham, the penitentiary system was borrowed from the United States and with
some modifications became a competitor of the penal transportation system to Australia. Milbank
th
prison was started under the agitation of Jeremy Benthan in the early 19 century, and as penal
transportation became more and more objectionable, the penitentiary system finally became the main
reliance of England for the treatment of her convicts, in 1877 the local prisons of England and the
same board as that which had control of the convict prisons.

The total prisons than became the resort to which Government turned for the punishment of those
who were not sentenced to penal servitude. England developed a classification of prisoners system
gradually. This had been a great contribution to the modern prison system.

According to this system men were classified in the different groups with increasing liberty as they
went up through the different stages. Another experiment which developed out of the Australian
Penal transportation system was the ticket-of-leave plan or what is called at present time release on
license. This system was borrowed in 1876 by the founders of Elmira Reformatory and was called
parole.

Since 1877, when the unification of the prison system of England took place and the local prisons
were put under the control of the Home Office, the House Secretary has had the power to classify
both within the prison and by prisons. Upon 1895 this power was sparingly used except to keep first
offenders and juveniles away from the habitual. The prisons Act of 1890 provided for the introduction
of the first and second division for first offenders of hitherto good character. This law, therefore,
attempted to classify even first offenders into different classes.

Q8 9 Explain Open Prison in U.S.A.

Ans: In the 19th century open air prisons were in existence in America in the name of prison-farms.
The convicts who were nearing at the end of sentence were usually transferred from conventional
prisons to these open farms in forests as labourers. But, these camps differed from modern open-
institutions atleast in one aspects, i.e. they were not the honour camps but were literally ‘slave-camps’
for prisoners, who were made to work under heavy guard and surveillance. Experience with these
prison labourers was quite encouraging. It was therefore realized that majority of these prisoners
could be trusted if engaged in corrective work outside the guarded enclosures under unarmed
supervisors. Although the system involved a risk of prisoners escaping from work-site, but the
number of actual escapes were so negligible that the mode of helping and guiding prisoners was
adopted as an integral part of correctional programme in the United States. The greatest service done
to prison community under the system of open-air institution was to develop self-reliance and self-
confidence among the prison inmates by resorting to minimum security measures.

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The other reason for the evolution of this system was the overcrowding in prisons. With a view to
reduce crowding in prison, some of the prisoners were picked up to be quartered into open-air camps.
It was observed that the system offered better opportunities to convicts for their rehabilitation and
self-reformation and these open-air camps were economical in expenditures.

Q 90Explain Self-Government in Prisons

Ans: For ensuring in order to of discipline and obedience among inmates experiments on self-
government in prisons have recently been carried out in America and elsewhere. The purpose is to
ensure complete freedom to prisoners from external control The Self-Government of Prisoners in
Osborn (USA) jail indicated that the system proved very successful and the number of escapes was
amongst negligible. The inmates generally behaved well and never try to misuse the liberty extended
to them.In India, the system of Self-Government in Prisons has not been successful. The reason for
this unsatisfactory condition is perhaps the lack of general moral discipline among the criminals who
are generally illiterate and from the lower strata of society. It is because of this reason that instead of
introducing complete self-government system, India has adopted a system of partial self-government
in its prisons. Under this system, the prisoners who have good prison record are attached to work
with wardens and guards of the institution and thus they act as a common link between the prison
authorities and the fellow inmates. They are extended certain facilities and are even allowed to move
out of the prison occasionally during the course of their work. This proves helpful in many ways.
Firstly, it develops a sense of duty, honesty, trust and loyalty among the prisoners and secondly, it has
a psychological effect on other inmates as they are convinced that a discipline behavior in prison
would entail them certain facilities including some reduction in their term of sentence like their fellow
prisoners.

Q 91 Explain Juvenile Justice in U.S.A.

Ans: The origin of Juvenile Courts in United States can be traced back to the system of appointment
of State Agents who were to take protective care of juveniles.. In 1878, the work of the State Agent
was transferred to probation officer who took care of the juvenile offenders placed under his
charge.Now there is Juvenile Court in each State of the United States of America. It is a specialized
unit in the State judicial service which is established in the local community. The legislature
determines its proceedings while the higher courts supervise its functions. The working of Juvenile
Court in USA is relatively simple and more or less informal. Firstly, the police takes custody of the
juvenile offender. The police officer has the discretion either to keep the child in custody or to
immediately release him, admonish juvenile or to do both, and allow parents to take custody of the
child. Thereafter, the police contacts the Juvenile Court for notification of parents and the person

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notified by the Court assumes responsibility of custody of the delinquent. The police also interrogates
the offender and takes his finger prints or photographs. These records provide important clues for
tracing the juvenile. The Court while trying the Juvenile gives a hearing to probation officer who
apprises it about the antecedents of the delinquent. The age limit of Juvenile trial is seventeen years.
The probation officer place juvenile in protective care sent to a Certified School or to Children Home.

Q 92
Define Legal Aid.

Ans: Legal aid is the provision of assistance to people who are unable to afford legal representation
and access to the court system. Legal aid is regarded as central in providing access to justice by
ensuring equality before the law, the right to counsel and the right to a fair trial.

Victimology

Q 93 Explain Victims of Crime/Victimology or

The aim of Victimology as a Science is to help the sufferers of Crime. Explain.

Ans: The term ‘victim’ connotes any person to whom injury, loss or hardship has caused and suffering
due to any cause. The harm can be physical, psychological or economic. Such a person may be called
a ‘primary victim of crime’. Besides there is also ‘secondary crime victims’ who suffer harm or injury
as a result of injury or harm to a primary crime victim. The aim of victomology as a science is to help
such sufferers of crime and addressing to the problems of victims of crime. Victimology is the
scientific study of victims of crime, a sub-discipline of criminology. It seeks to study the relationship
between victims and offenders; the persons especially vulnerable to crimes and the victim’s placement
in the criminal justice system.

Von Hentig made the first ever study of the role of victims in crime and found some general
characteristics among them which may be summarised as follows :

(1) The innocent who fell a victim in crime being in the wrong place at the wrong time.

(2) The depressive types who are an easy target, being careless and unsuspecting.

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 (3) The greedy type who are easily duped because of craze for money and easy gain.

(4) The “Wanton Type” who are particularly vulnerable to stresses of life such as juvenile
victims.

(5) The tormentor type who is the victim of attack from the target of his/her abuse such as
battered women.

Q 94 Write a note on Women and Domestic Violence

Ans: For the protection of Women the Bill of the Protection of Women from Domestic Violence Act
was passed which defines domestic violence as follows :

According to section 3 of the Protection of Women from Domestic Violence Act, 2005, for the
purposes of this Act, and act, omission or commission or conduct of the respondent shall constitute
domestic violence in case it –

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether
mental or physical, of the aggrieved person or tends to do so and includes causing
physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce
her or any other person related to her to meet any unlawful demand for any dowry
or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by
any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved
person.

Explanation I – For the purposes of this section –

(i) ‘physical abuse’ means any act or conduct which is of such a nature as to cause
bodily pain, harm, or danger to life, limb, or health or impair the health or
development of the aggrieved person and includes assault, criminal intimidation
and criminal force;

(ii) ‘sexual abuse’ includes any conduct of a sexual nature that abuses, humilities,
degrades or otherwise violates the dignity of woman;

(iii) ‘verbal and emotional abuse’ includes –

(a) insult, ridicule, humiliation, name calling and insults or ridicule specially
with regard to not having a child or a male child, and

(b) repeated threats to cause physically pain to any person in whom the
aggrieved person is interested.

(iv) ‘economic abuse’ includes –

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 (a) deprivation of all or any economic or financial resources to which the
aggrieved person is entitled under any law or custom whether payable
under an order of a court or otherwise or which the aggrieved person
requires out of necessity including, but not limited to, household necessities
for the aggrieved person and her children, if any, streedhan (women’s pin
money), property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or

immovable, valuables, shares, securities, bonds and the like or other
property in which the aggrieved person has an interest or is entitled to use
by virtue of the domestic relationship or which may be reasonably required
by the aggrieved person or her children or her streedhan or any other
property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which

the aggrieved person is entitled to use or enjoy by virtue of the domestic
relationship including access to the shared household.

Q 95 Explain Compensation to Victims

Ans: (1) Section 357 of Code of Criminal Procedure provides that Every State Government in
co-ordination with the Central Government shall prepare a scheme for providing funds for the
purpose of compensation to the victim or his dependents who have suffered loss or injury as a result
of the crime and who require rehabilitation;

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service
Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of
compensation to be awarded under the scheme referred to in sub-section (1);

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal
or discharge and the victim has to be rehabilitated, it may make recommendation for compensation;

(4) Where the offender Is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an application to the State or the
District Legal Services Authority for award of compensation;

(5) On receipt of such recommendations or on the application under sub-section (4),

the State or the District Legal Services Authority shall, after due enquiry award adequate
compensation by completing the enquiry within two months;

(6) The State or the District Legal Services Authority, as the case may be, to alleviate
the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made
available free of cost on the certificate station or a Magistrate of the area concerned, or any other
interim relief as the appropriate authority deems fit. [Sec.357-A Cr. P. C.]

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Section 357 of Cr. P. C. also provides with the provision of Order to pay compensation, where the
court decides.

7 Re-socialisation Process
Q 96 Explain Historical perspective of probation Law in India

Ans: In India probation received statutory recognition for the first time in 1898, the first statutory
expression to the penal system reflecting probation philosophy is to be found in section 562 of the
Code of Criminal Procedure, 1898. Later the Children Act, 1908 also empowered the court to release
certain offenders on probation of good conduct. The scope of provisions of probation law, was
extended further by legislation in 1923 consequent to the Indian Jails Committee’s Report (1919-
1920). In 1931 the Government of India prepared a Draft Probation of Offenders Bill and circulated
it to the then Provincial Governments for their views.Late there was the recommendations of the Jail
Committee, the Government of India decided to have a comprehensive legislation on probation law
in India. To attain this objective, a Bill on Probation of Offenders was introduced in Lok Sabha on
th
November 18, 1957. On 18 November, 1957 an amendment to the motion for consideration of the
Bill was accepted by Lok Sabha and Rajya Sabha, discussed the motion on November 25-26, 1957
and concurred with the suggestion that the Bill be referred to a Joint Committee of the Houses.
Consequently, a Joint Committee was formed for considering the Bill to provide for release of
offenders on probation or after due admonition and matters connected therewith. The Joint
th
Committee handed over its report to Lok Sabha on 25 February, 1958. On the recommendations of
the Joint Committee the Probation of Offenders Bill was introduced in the Parliament.

Q 97 Who is a Probation Officer? What are the distinction between a Probation and Parole?

Ans: Probation Officer under the Probation of Offender Act, 1958, defined under section 13 as, “A
Probation Officer under this Act shall be –

(a) a person appointed to be probation officer by the State Government or recognized as

such by the State Government; or

(b) a person provided for this purpose by a society recognized in this behalf by the State
Government; or

(c) in any exceptional case any other person who in the opinion of the court, is fit to act as
a probation officer in the special circumstances of the case. A Court which passes an
order under section 4 or the District Magistrate of the district in which the offender for
the time being resides may, at any time, appoint any probation officer in place of person
named in the supervision order.

The following are the Principles of Probation and Parole :

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Principles of Probation

(1) probation work must be based on thorough investigation;

(2) The term of probation should not be fixed in advance;
(3) The home and neighbourhood must be used to rehabilitate those on probation, especially
juvenile offenders;
(5) It must take account of physical and mental conditions;
(6) The probation should include co-operation with all the agencies of the community which can
help;
(7) Probation Officer should be trained;
Principles of Parole

(1) There should be careful diagnosis of the prisoners;

(2) Proper employment should generally be secured before a convicted is paroled;
(3) Careful follow-up is absolutely necessary;
(4) Populous States should have a full time paid Parole Board.
(5) The Board should be composed of men of intelligence and integrity having experience in such
matters;
(6) Parole officers must be sufficiently trained to give adequate supervision;

Distinction between Probation and parole :

(1) Parole is the release of a 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. Probation is a Conditional Release of an
Offender under Supervision.

(2) Parole is treatment of the offender after his release from the prison which aims to counteract
the effects of institutional treatment whereas Probation is an independent method for the
correction of the offender. It has nothing to do with the institutional treatment.

(3) In Probation, it is the Court which in exercise of its power aims to reform the offender by
keeping in supervision the conduct of the offender but in parole, it is the executive authority
which releases the offender prior to expiry of institutional term on the satisfaction that the
offender should prepare himself to rehabilitate in the society.

(4) In Parole some period is spent in jail, but not in probation.

(5) Parolees are considered to be in custody during the parole period, but not in probation

(6) Influence of punitive reaction to crime is clearly present in parole but not in probation.
Probation is pure treatment.

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Q 98 Explain Parole

Ans: Parole in India : In India, initially the system of parole was not in force. Later there was the
recommendations of the Jail Committee, the Government of India decided to have a comprehensive
legislation on probation law in India.However in due course, the system of parole became in practice
in our country. The Parole Boards were constituted. The members of the Parole Board are assigned
the job discharging the inmates on parole. The parole staff prepare case sheet of the parolees and
help and advise them in their process of rehabilitation.The field staff of the Parole Board keeps a close
supervision over the parolees and reports the cases of parole violations to the Parole Board.

Taft Donald has said that the success or the failure of parole depends upon the following
considerations:

(1) Persons committing crimes relating to property such as theft, burglary, shoplifting, pick-
pocketing, forgery etc are more suited for parole,

2) The inmates with family responsibilities are more successfully parolees that those who
are unmarried.

(3) The first offenders are usually successful parolees .

Principles of Parole

(1) Selection for parole of only those inmates the study of whom shows that they will
probably do well on release;

(2) Proper employment should generally be secured before a convicted is paroled;

(3) Careful follow-up is absolutely necessary;

(4) Board should be composed of persons of intelligence and integrity having experience in
such matters and Parole officers must be sufficiently trained to give adequate supervision

Q 99 Who is Probation officer? What are the rights and duties of a Probation Officer under Probation
Offender Act 1958 ?

Ans: Probation Officer under the Probation of Offender Act, 1958, defined under section 13 as, “A
Probation Officer under this Act shall be –

(a) a person appointed to be probation officer by the State Government or recognized as

such by the State Government; or

(b) a person provided for this purpose by a society recognized in this behalf by the State
Government; or

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 (c) in any exceptional case any other person who in the opinion of the court, is fit to act as
a probation officer in the special circumstances of the case. A Court which passes an
order under section 4 or the District Magistrate of the district in which the offender for
the time being resides may, at any time, appoint any probation officer in place of person
named in the supervision order.

Duties of Probation Officers : (section : 14)

A probation officer shall subject to such conditions and restrictions, as may be prescribed :

(a) inquire, in accordance with any directions of a court, into the circumstances or home
surroundings of any person accused of an offence with a view to assist the Court in
determining the most suitable method of dealing with him and submit reports to the
court.

(b) Supervise probationers and other persons placed under his supervision and where
necessary endeavour to find them suitable employment.

(c) advice and assist offenders in the payment of compensation of costs ordered by the court.

(d) advice and assist in such cases and in such cases and in such manner as may be
prescribed persons who have been released under this section.

(e) perform such other duties as may be prescribed.

Rights of Probation officer:

1. Every Probation officers and every other officers appointed in pursuance of this act shall be
deemed to be public servants with the meaning of section 21 of the Indian Penal Code. (Section
15)

2. No suit or other legal proceeding shall lie against the State or Probation Officer or any other
officer appointed under this act in respect of anything which is in good faith done or intended
to be done in pursuance of this Act or of any rules or orders made there under.

a. Every Probation officers and every other officers appointed in pursuance of this act shall be
deemed to be public servants with the meaning of section 21 of the Indian Penal Code.

b. No suit or other legal proceeding shall lie against the State or Probation Officer or any other
officer appointed under this act in respect of anything which is in good faith done or intended
to be done in pursuance of this Act or of any rules or orders made there under.

Q 100 Explain Parole Board.

Ans: The Parole Board consists of Parole administrators who are from among the respectable
members of society. Since the police is looked with bias and distrust in India and elsewhere, the police
opinion about an inmate is not considered to be valid ground for allowing a particular offender on
parole. The members of Parole Board are assigned the function of discharging convicted prisoners on

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parole after careful scrutiny. Thus, the Parole Board takes administrative decision on parolling out
prisoners and while acting as such, they are performing a quasi-judicial function. The Parole Board
also prepare a case history of parolees and help and advise them in the process of their rehabilitation.

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