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LECTURES
ON
CRIMINOLOGY
&
PENOLOGY

LECTURES
ON
CRIMINOLOGY & PENOLOGY
By

Mohammad Belayet Hossain
School of Law, Chittagong Independent University of Bangladesh

LLM in Commercial and Corporate Law
(University of London, UK)
LLB (Hons.) (University of Northumbria, UK)
Diploma in Law (University of London, UK)

Contact info:
Mobile : +88-017 60 22 65 88 (Bangladesh)
+ 6-011 3301 6783 (Malaysia)
Email : hasan1215@yahoo.com
Preface to the Second Edition
I am so grateful to the Almighty Creator, who has made it

possible to complete this manuscript and publish second edition
of the book.
The book ‘Lectures on Criminology & Penology’ explains the basic

principles of Criminology & Penology and has been designed for
those studying in law. The relevant laws of Bangladesh has been
considered throughout the book.
The author tried to simplify the topics of this book for better
understanding of the students. He has designed each chapter of
this book in an easiest way and applied different techniques to
assist students for memorising various terms.
This book especially includes facts and judgement of important

cases, easy explanation of various important topics, sample
questions for examination and so on. It is hoped that this book
will assist students and legal practitioners to understand easily
about crimes, criminology and punishment.
It is sincerely hoped that this book will provide sufficient

knowledge to both students and researchers on the subject
matters.
The Author wants to take this opportunity to thank the publisher

of this book and those who has inspired throughout the
completion of this manuscript.
The Authors would welcome any kind of suggestions to improve

this manuscript further.
M. B. Hossain
5th February 2019
TABLE OF CONTENTS
Chapter-1
CRIME AND CRIMINOLOGY
1.1 General Concept of Crime ......................................................3

1.2 Definition of Crime .................................................................4
a) Statutory Definition ...............................................4
b) Scholar’s Definition ................................................4
c) Social Definition .....................................................6
1.3 Characteristics/Elements of Crime .......................................6
1.4 Classification of Crime .........................................................10
a) General classifications .........................................10
b) Scholar’s classification .........................................12
c) Classification under the Penal Code of Bangladesh
1860 .......................................................................12
d) Mode of Trial ........................................................13
1.5 The Criminals .......................................................................13
a) General definition ................................................13
b) Classifications ......................................................13
1.6 Origin of Criminal Law ........................................................15
Basic Principles .....................................................15
(i) Theories ..........................................................15
(ii) Elements .........................................................16
(iii) Parts …………..........................................16
1.7 History of Criminal Law in Indian Subcontinent ..............17
Hindu period ........................................................17
Muslim period ......................................................18
British period .......................................................18
1.8 What is Criminology? ...........................................................18
General definition ................................................18
Scholar’s definition ..............................................19
Branches of criminology .......................................20
1.9 Nature & scope of criminology .............................................20
1.10 Different theories of criminology .........................................21
1.11 Criminal Behaviour ..............................................................22
1.12 Distinction between Criminal Law and Criminology .........23
1.13 Case references .....................................................................24
Chapter-2
SCHOOLS OF THOUGHT OR CRIMINOLOGY
2.1 Schools of Thought ................................................................29

2.2 Pre-classical School ...............................................................30
General Concept .....................................................30
Characteristics .......................................................30
Criticism ................................................................30
2.3 The Classical School ..............................................................31
General Concept .....................................................31
Criticism ................................................................32
2.4 Neo-classical School ..............................................................33
General Concept .....................................................33
Characteristics ......................................................33
Criticism ................................................................34
2.5 Positive School .......................................................................34
General Concept .....................................................34
Characteristics .....................................................35
Criticism ...............................................................36
2.6 Psychiatric School .................................................................37
General Concept .....................................................37
Criticism ................................................................38
2.7 Cartographic School ..............................................................38
General Concepts ...................................................38
Criticism ................................................................39
2.8 Sociological School .................................................................39
General Concepts ..................................................39
Characteristics ......................................................39
Criticism ................................................................40
2.9 Socialist School ......................................................................41
Criticism ................................................................41
2.10 Clinical School .......................................................................42
2.11 Modern School ........................................................................43
2.12 Labeling Theory School .........................................................44
2.13 Summary of schools of criminology ......................................45
Chapter-3
CAUSATION OF CRIME
3.1 Crime Causation ..................................................................51

b) Scholar’s definition ..............................................51
3.2 Different approaches of criminology ...................................52
3.3 Various causes of crime ........................................................52
3.4 The relationship between causation and liability ..............54
3.5 Establishing causation .........................................................55
3.6 Establishing factual causation ............................................55
3.7 Establishing legal causation ................................................56
3.8 Criminogenic factors ............................................................56
a) Individual centric causes .....................................56
b) Society centric causes ...........................................56
3.9 Crime and Heredity .............................................................58
3.10 Crime and Mental Disorder .................................................59
3.11 Insanity and Crime ..............................................................60
3.12 Crime and Bio-physical factors ...........................................62
3.13 Crime and Psychology ..........................................................62
3.14 Crime and Gender (female) .................................................64
3.15 Case references .....................................................................66
Chapter-4
BIOLOGICAL THEORY AND CRIME
4.1 Biological Explanation of Crime ..........................................77

4.2 Physiognomy ........................................................................77
4.3 Phrenology ............................................................................78
4.4 Criminal Anthropology ........................................................79
4.5 Body Type Theory ................................................................80
4.6 Family Tree Studies .............................................................81
4.7 Twins Study ..........................................................................81
4.8 Adoption and Criminality ....................................................82
4.9 The XYY Chromosome and Criminality .............................83
4.10 Hormone and Criminality ....................................................83
4.11 Diet, Vitamin, Minerals and Criminality ...........................84
4.12 Alcohol, Drugs etc. and Criminality ....................................85
Chapter-5
PSYCHOLOGICAL THEORY AND CRIME
5.1 Psychological Crime .............................................................89

5.2 Freud’s Psychoanalytical Theory ........................................89
1. The ‘id’ ..................................................................90
2. The ‘ego’ ................................................................90
3. The ‘super ego’ ......................................................90
5.3 Oedipus Complex .................................................................91
5.4 Criticism of Psycho-Analytical/Freud’s theory ...................92
5.5 Psychological Defences ........................................................92
5.6 Theory of Learning ...............................................................92
5.7 Theory of Cognitive Development .......................................93
5.8 Antisocial personality disorder ............................................93
5.9 Sex.......................................................................................... 94
Chapter-6
SOCIOLOGICAL THEORY AND CRIME
6.1 Sociological Theory of Criminal Behavior ...........................99

Criticism .............................................................100
6.2 Differential Association Theory ........................................100
Criticism .............................................................100
6.3 Sociological Factors and Crime Causation .......................101
Mobility ..............................................................101
Cultural conflicts ................................................101
Family background ............................................102
Political Ideology ................................................103
Religion ...............................................................103
Economic conditions ...........................................104
Ecology of crime ..................................................104
Mass Media ........................................................105
Urban and Rural Areas .....................................106
Neighborhood .....................................................106
Chapter-7
ECONOMIC CONDITIONS AND CRIME
7.1 Economy and Causation of Crime .....................................110

a) General view ..........................................................110
b) Scholar’s view .......................................................110
c) Relationship between economic conditions and crime ...111
7.2 Marxists Theory .................................................................111
7.3 Bonger’s Economic Theory .................................................112
7.4 Criticism of Bonger’s Theory .............................................113
7.5 Case reference ....................................................................113
Chapter-8
ORGANIZED CRIMES
8.1 Definition of organized crime ............................................117

General definition ..............................................117
Scholar’s definition ............................................117
8.2 Classifications of organized crime .....................................118
General classification .........................................118
Scholar’s classification .......................................121
8.3 Formation of organized crime ............................................121
8.4 Characteristics of organized criminals .............................122
8.5 Activities of criminal organizations ..................................123
Assault ...............................................................123
Murder ...............................................................123
Ideological crime ................................................124
Financial crime ..................................................124
Remittance services ............................................124
Counterfeiting .....................................................124
Tax evasion .........................................................125
Cybercrime ..........................................................125
Copyright infringement ......................................125
Cyber warfare .....................................................125
Computer viruses ...............................................126
Corporate crime ..................................................126
Labor racketeering .............................................126
Political corruption ............................................127
Drug trafficking ..................................................127
Human trafficking .............................................127
Contemporary slavery and forced labour ..........127
8.6 Permanent immunity of organized crimes ........................128
8.7 Remedial measures to prevent organized crimes .............128
8.8 Statistics .............................................................................130
8.9 Case reference ....................................................................132
Chapter-9
WHITE-COLLAR CRIME
9.1 Definition of white-collar crime .........................................136

a) General definition ..............................................136
b) Scholar’s definition ............................................136
9.2 Elements of white-collar crime ..........................................138
9.3 Causation of white-collar crime .........................................138
9.4 Characteristics of white-collar crime ................................139
9.5 Implications of white-collar crime ....................................140
Economic loss .....................................................141
Social damage ....................................................141
Privileged class deviance ..................................142
Trade unionists deviance ..................................142
9.6 White-collar crime in different professions .......................142
Hoarding, Black Marketing and Adulteration .....142
Tax-evasion .........................................................143
Medical Profession .............................................143
Engineering ........................................................143
Legal profession ..................................................143
Educational Institutions ...................................144
Business .............................................................144
Fake employment placement rackets .................144
9.7 Effects of white-collar crime ..............................................144
Dangerous to society ...........................................145
Crime against society .........................................145
Economic disbalance .........................................145
Adverse effect on future generation ....................145
Loss to Government revenues .............................145
9.8 How to prevent white-collar crime? ...................................145
9.9 Distinctions between White-collar crime and Blue-collar
crime ..............................................................................146
9.10 Case references ...................................................................148
Chapter-10
ALCOHOLISM AND DRUG ADDICTIONS
10.1 What is Alcoholism and Drug Addiction? .........................162

Definition of alcoholism and drug addiction ....162
Expert opinion ....................................................162
Relationship with crimes ...................................162
10.2 Characteristics of alcoholism and drug addiction ............163
10.3 Impacts of alcoholism and drug addiction ........................163
10.4 Classifications of alcoholism and drug addiction .............164
10.5 Diseases of alcoholism and drug addiction .......................164
10.6 Influential factors of causing alcoholism and drug addiction ...165
10.7 Alcoholism or drug addictions and criminality .................165
10.8 Statistics ............................................................................167
10.9 Remedial measures of preventing alcoholism and drug
addiction .............................................................................168
10.10 Drug laws in Bangladesh ..................................................168
Chapter-11
CYBER CRIMES
11.1 Definition of cyber crime ......................................................177
Introduction .........................................................177
General definition ................................................177
Scholar’s definition ..............................................177
11.2 Causes of Cyber Crimes ......................................................178
11.3 Different Types of Cyber Crimes ........................................179
General categories ...............................................179
Broad categories ..................................................179
Traditional categories .........................................179
11.4 Various names of Cyber offences ........................................180
Stalking ...............................................................180
Hacking ...............................................................180
Financial crimes ..................................................181
Spam ....................................................................181
Fraud ..................................................................181
Cyber pornography .............................................182
Harassment ..........................................................182
Cyber terrorism ....................................................183
Intellectual property crime ..................................183
Drug trafficking ..................................................184
Online gambling ................................................184
Threat ..................................................................184
Computer vandalism ...........................................185
Data diddling ......................................................185
Webcam ...............................................................185
11.5 Preventive Measures of Cyber Crime .................................185
11.6 Cyber crimes in Bangladesh ...............................................186
11.7 Cyber Tribunal ..................................................................188
11.8 Cyber Appellate Tribunal ..................................................188
11.9 Case reference ......................................................................189
Chapter-12
SEXUAL OFFENCES
12.1 Sex and Crime ....................................................................194

What is sexual offence? .......................................194
12.2 Causation of Sexual Crimes .............................................195
1. Attraction to opposite sex ...................................195
2. Industrial development .....................................195
3. Lack of religious education/knowledge .............195
4. Urbanization ......................................................196
5. Family unhappiness ...........................................196
6. Alcoholism and drug addiction .........................196
7. Sexual themes .....................................................196
8. Dissatisfaction in sex life ...................................196
9. Lack of proof .......................................................197
12.3 Sexual offences in Bangladesh ..........................................197
12.4 Laws relating to sexual offences in Bangladesh ...............198
12.5 Statistics of sexual offences in Bangladesh ......................202
12.6 Incest ..............................................................................207
12.7 Extramarital sex ................................................................207
12.8 Prostitution .........................................................................207
12.9 Human trafficking ..............................................................209
12.10 Homosexuals .......................................................................211
12.11 How to Prevent Sexual Crimes? ....................................... 211
12.12 Case references ...................................................................212
Chapter-13
TERRORISM
13.1 The concept of terrorism ...................................................216

General concept ................................................216
Scholar’s concept................................................216
13.2 History of terrorism ..........................................................217
13.3 Definitions of terrorism ....................................................220
General definition ...........................................220
Scholar’s definition ...........................................221
Definition by United Nations ...........................221
Definition by USA Home Ministry ...................221
Definition by CIA ..............................................222
13.4 Characteristics of terrorism .............................................222
13.5 Categories of terrorism .....................................................223
General classifications ......................................223
Typological classifications ...............................225
Activitism ..........................................................226
13.6 Objectives of terrorism .....................................................226
13.7 Causes of terrorism ..........................................................227
13.8 Funding ............................................................................227
13.9 Terrorism in Bangladesh .................................................228
13.10 Terrorist Groups of Bangladesh ......................................229
13.11 Anti-terrorism law in Bangladesh ...................................230
13.12 Remedial measures ...........................................................237
13.13 War on Terror ...................................................................238
Chapter-14
THE PUNISHMENT
14.1 Definitions of punishment ................................................242

a) General definition ..........................................242
b) Definition given by scholar ...............................242
14.2 Conditions of punishment ................................................242
14.3 Concepts of punishment ...................................................243
14.4 Objectives of punishment .................................................244
14.5 Elements of punishment ..................................................245
14.6 Different theories of punishment .....................................246
(i) Deterrent theory ..............................................246
(ii) Preventive theory .............................................249
(iii) Retributive theory ............................................249
(iv) Reformative theory ..........................................251
(v) Expiatory theory ..............................................252
14.7 Punishments under Bangladesh Penal Code 1860 .........252
14.8 Forms of punishment .......................................................253
(1) Flogging .........................................................253
(2) Mutilation .....................................................253
(3) Branding .......................................................254
(4) Stoning ..........................................................254
(5) Pillory .............................................................254
(6) Fines ...............................................................255
(7) Forfeiture of property .....................................256
(8) Banishment ...................................................257
(9) Solitary confinement .....................................257
(10) Imprisonment ...............................................258
(11) Capital punishment ......................................259
(12) Arguments for & against capital punishment .....260
14.9 Effectiveness of punishment ...........................................261
14.10 Punishment under Islamic law ........................................261
a) hadd crimes .....................................................261
b) tazir crimes ......................................................262
14.11 Case references .................................................................262
Chapter 15
THE PRISON
15.1 Introduction .....................................................................276

15.2 Definition of prison ...........................................................276
a) General definition .............................................276
b) Scholar’s definition ...........................................276
15.3 Objects of prison system ...................................................276
15.4 Development of the prison system in Indian sub-continent ....277
15.5 Functions of the prison ....................................................280
15.6 International standard of prison .....................................280
15.7 Special types of prison ......................................................282
Youth detention facilities ................................282
Women's prisons ...............................................283
Military prisons and prisoner-of-war camps ...284
Political prisons and administrative detention 285
Psychiatric facilities .........................................286
15.8 Prison system in Bangladesh ..........................................286
15.9 Types of prison in Bangladesh .........................................287
a) Central ..............................................................287
b) District ..............................................................287
15.10 Organizational structure of the prison in Bangladesh ...288
15.11 Classification of prisoners ................................................288
15.12 Capacity of prisons in Bangladesh ..................................288
15.13 Jail Codes ..........................................................................289
The Prisons Act 1894 ........................................289
The Prisoners Act 1900 .....................................290
The Identification of Prisoners Act 1920 ..........291
Rules for superintendence and management of
jails ....................................................................291
Rules for the superintendence and management of
subsidiary jails ...................................................294
15.14 Human Rights violations in prisons ................................294
15.15 Problems of prisons in Bangladesh ..................................295
Overcrowding ....................................................295
Under-trial prisoners ........................................296
Discipline ..........................................................297
Prisoners health ...............................................298
Criminality in prison ........................................299
Wages ................................................................299
Privilege ............................................................299
Female prisoners ...............................................300
15.16 Right of the Prisoners .......................................................300
15.17 Resolving prison problems ...............................................301
15.18 Case references ................................................................302
Chapter 16
PAROLE AND PROBATION
16.1 Introduction ......................................................................310

16.2 Definitions of parole .........................................................310
c) Definition based on case law ............................311
16.3 Origin and development of parole system .......................311
16.4 Essential elements of parole ............................................312
16.5 Objectives of parole system .............................................312
16.6 Selection and conditions for parole system .....................313
Selection ............................................................313
Essential conditions for parole .........................313
Violation of the conditions ...............................314
16.7 Advantages & disadvantages of parole system ...............314
Advantages .......................................................314
Disadvantages ..................................................315
16.8 Definition of probation ....................................................315
16.9 Origin and development of probation ..............................318
16.10 Essential ingredients of probation ..................................319
16.11 Objectives of probation .....................................................319
16.12 General conditions for probation .....................................320
16.13 Advantages & disadvantages of probation ......................320
Advantages .......................................................320
Disadvantages ..................................................321
16.14 Differences between parole & probation .........................322
16.15 Revocation of probation ....................................................323
16.16 Law relating to probation in Bangladesh ........................323
16.17 Case reference .................................................................325
Chapter 17
THE POLICE
17.1 Definition of police ..............................................................333

General definition .............................................333
Scholar’s definition ...........................................333
17.2 Bangladesh police .............................................................334
17.3 Ranking of the Bangladesh police ....................................334
17.4 Historical background of Bangladesh police ....................336
17.5 Objectives of policing .......................................................337
17.6 Branches or classifications of Bangladesh police ............338
Range& District Police .....................................338
Metropolitan Police ...........................................339
Detective Branch (DB) ......................................339
Special Weapons And Tactics (SWAT) .............339
Traffic Police .....................................................339
Special Branch (SB) ..........................................340

Immigration Police ............................................340

Criminal Investigation Department (CID) .......340

Railway Police ...................................................340

Highway Police ..................................................340

Industrial Police ................................................341

Rapid Action Battalion (RAB) .........................341

Police Bureau of Investigation (PBI) ................341

Special Security and Protection Battalion (SSPB) ......341

Armed Police Battalion (APB) ..........................341

Airport Armed Police (AAP) .............................342

Tourist Police .....................................................342

Police Internal Oversight (PIO) ........................342

Marine Police .....................................................342

Police Telecom and Information Management ........343
17.7 Duties & responsibilities or functions of Bangladesh police .....343
17.8 Problems of the Bangladesh police ...................................345
17.9 Statistics ............................................................................346
17.10 Citizen Charter of Bangladesh Police ..............................346
17.10.1 Criticisms of Bangladesh Police ......................................349
17.11 Reforms of Bangladesh Police ..........................................350
17.13 Case references ..................................................................354
Chapter 18
JUVENILE DELINQUENCY
18.1 Definition of Juvenile Delinquency ...................................365

a) General definition ..............................................365
b) Criminologists definition ...................................365
18.2 Definition of children ........................................................367
18.3 Characteristics or features of a delinquent juvenile........367
18.4 Different kinds of juvenile delinquency ...........................369
18.5 Justifications of juvenile delinquent acts .........................369
18.6 Reasons of juvenile delinquency .......................................370
18.7 Crime theories applicable to juvenile delinquency ..........370
Rational choice ..................................................370
Social disorganization .......................................371
Strain ................................................................371
Differential association .....................................372
Labeling ..............................................................372
Social control ......................................................373
18.8 Treatment of Juvenile Delinquents ..................................373
i. Correctional and rehabilitation centres ............373
ii. Strengthen the family unit .................................373
iii. Moral education .................................................373
iv. Community programmes ...................................373
v. Identification of potential delinquency .............374
vi. Counteracting delinquent propensities .............374
18.9 Juvenile Delinquency in Bangladesh ...............................374
Juvenile Development Institutes .......................374
Objectives of Juvenile Development Institutes ........375
Training Programs of Juvenile Development
Institutes .............................................................375
Development Programs of Juvenile Development
Institutes.............................................................376
18.10 The Role of UNICEF .........................................................376
18.11 The Child Act 2013 ............................................................377
18.12 Criticisms ...........................................................................384
18.13 Case references ...................................................................384
Chapter-19
RECIDIVISM
19.1 Introduction ........................................................................402

19.2 Definition of recidivism .......................................................402
b) Expert opinion .....................................................403
19.3 Categories of recidivist .......................................................403
Psychologically ill ................................................403
Incompetent ........................................................403
Psychologically normal .......................................404
Basic .....................................................................404
Hardened ..............................................................404
Professional .........................................................405
19.4 Causes of recidivism ............................................................405
19.5 Reformative theories ...........................................................406
i.Meditation theory ................................................407
ii.Moralizing theory ................................................407
iii.Clinical method theory ........................................407
iv.Group-relations theory ........................................407
19.6 Remedial measures .............................................................407
Chapter-20
PREVENTION OF CRIME
20.1 Crime prevention .................................................................412

20.2 Crime Prevention Programs ...............................................412
Identification of potential delinquency................412
Child guidance clinics .........................................413
Recreational measures .......................................413
Clubs and related activities .................................413
Redirecting conflict-gangs ..................................413
Punishment .........................................................413
Educational and vocational instructions ...........413
Permanent segregation of offenders ...................414
Sterilisation .........................................................414
Surveillance and watch keeping .........................414
Externment and restrictive movement ...............414
Collective liability ................................................414
Preventive detention ............................................414
Transcendental meditation .................................414
Employment opportunities ..................................415
Public role ............................................................415
Police role.............................................................415
Appendix: Sample Questions 417

TABLE OF CASES
Page
No. Cases
No.
1. Adamji Umar Dalal v State (1952) 253
Akula Ravinder And Others v The State Of
2. Andhra Pradesh AIR 1991 SC 1142, II (1991) 68
DMC 53 SC, 1991 Supp (2) SCC 99
3. Anil Kumar v State of M.P. (2000) 292
A. R. Antuley v Union of India (1988) 2 SCC
4. 146
602
ASK and BLAST v Bangladesh and others
5. [‘Juveniles in Jail’ Case] - Writ Petition No. 382
6373 of 2007
6. Bachan Singh v State of Panjab (1980) 257
7. Bhikhabhai Devshi v State of Gujarat (1987) 316
8. Bimal Das v State, 46 DLR HCD, 460 372
BLAST & Another v Bangladesh & Others DLR
9. 347
(2003) 363-Writ Petition No. 3806
BLAST and Another v Bangladesh and others
10. ['Shukur Ali' Case] - Writ Petition No. 8283 of 385
2005
BLAST v Bangladesh and others [‘Child’s
11. Detention under SPA’ Case] 4 BLC (1999) 600 - 384
Writ Petition No. 4191 of 1998
12. Dharamvir v State of U.P (1979) 317
13. DPP v Smith (1960) 24
14. Durham v United States (1954) 66
Ediga Anamma v State of A.P. AIR 1974 SC
15. 260
799
16. Gaurav Jain v Union of India & Others (1997) 127
17. Hicklin’s case (1868)] 203
Jagmohan Singh v State of U.P. AIR 1973 SC
18. 258
947
19. Kartik Biswas v Union of India (2005) 255
Page
No. Cases
No.
Kelly v Arriba Soft Corp 280 F3d 934(9th
20. 183
Cir2002)
Kodali Puranchandra Rao v Police Prosecutor,
21. 346
A. P. (1975)
Lakshmi Kant Pandey v. Union of India, [1984]
22. 381
2 SCC 244
23. Md Gaisuddin v State of A.P. (1977) 294
Munna & Others v State of U.P. & Others
24. (1982) AIR 806 1982 SCR (3) 47 1982 SCC (1) 374
545 1982 SCALE (1) 29
Murlidhar Meghraj Loya Etc v State Of
25. 147
Maharashtra Etc 1976 AIR 1929, 1977 SCR (1) 1
26. Musa Khan v State of Maharashtra (1976) 316
27. Naib Singh v State (1983) 254
28. Prabha Dutta v Union of India (1982) 295
Provident Investment Company v Income Tax
29. 143
Commissioner (1954)
30. P.V. Narasimha Rao v State (1998) 145
31. R v Hardie (1985) 1 WLR 64 161
32. R v M’ Naghten (1843) 66
33. R v Pittwood (1902) TLR 37 24
34. Rajendra Prasad v State of U.P. (1979) 295
35. Rajni Kanta v State of Orissa (1975) 342
36. Ramamurthy v State of Karnataka (1997) 292
37. R.D. Upadhyaya v State of A.P. & others (2006) 294
Ridiff Communication Ltd v Cyberbooth &
38. 184
Ramesh Nahata (2000)
39. Sanjay Suri v Delhi Administration (1988) 295
Satto & Others vs State of U.P (1979) AIR
40. 372
1519, (1979) SCR (3) 768
41. Shiplu & another v State, 49 DLR HCD, 53 372
Page
No. Cases
No.
42. Shreerangyee v State of Madras (1973) 110
Smt. Poonam Lata v Wadhawan & others
43. 314
(1987)
44. Som Parkash v State of Delhi 1974 AIR 989 151
State of Gujarat & another v Hon’ble High
45. 293
Court of Gujarat (1998)
46. State of Bihar v J.A.C. Saldhana (1980) 342
47. State v Chotelal (1959) AIR SC 15 61
48. State of Haryana v Yad Ram AIR 1987 P H 203 149
49. State of U.P. v Deoman Upadhyaya (1960) 345
Stree Atyachar Virodhi Parishad v Dilip
50. Nathumal Chordia & Another 1989 SCR (1) 70
560, 1989 SCC (1) 715
51. Sunil Batra v Delhi Administration (1978) 293
52. United States v Neil Scott Kramer (1983) 177
Vishal Jeet vs Union of India And Others 1990
53. 379
AIR 1412, 1990 SCR (2) 861
54. Yahoo! Inc. v Akash Arora (1999) 183
ABBREVIATIONS
AC Court of Appeal
AD Appellate Division
AIR All India Reporter
AIR SC All India Reporter, Supreme Court
All Indian Law Reports, Allahabad Series
ALL ER All England Law Reports
ALL LR All India Law Reports
BCL Bangladesh Case Laws
BCR Bangladesh Case Reports
BLC Bangladesh Law Chronicles
BLD Bangladesh Legal Decisions
CA Court of Appeal
DB Division Bench
DLR Dhaka Law Reports
HCD High Court Division
ILR Indian Law Reports
KB Kings Bench
LL.B Legum Baccalaureus/Bachelor of Laws
LL.D Legum Doctor
LLJ Lahore Law Journal
LL.M Legum Magister/Master of Laws
LR Law Reports
MLR Madras Law Reports

AC Court of Appeal
MLR Monthly Law Reports
MLR Modern Law Review
PH Peremptory Hearing
PLC Pakistan Legal Cases
PLR Punjab Law Reporter
PLR Pakistan Law Reports
SC Supreme Court
SCC Selected Cases in Chancery
SCC Supreme Court Cases
SC WR Supreme Court Weekly Reports
SCR Supreme Court Reporter
SJ Supreme Court Journal
TLR Times Law Report
WLR Weekly Law Reports

Dedication
This book is dedicated to my children
Miss Rashmia Hossain Az-Zehra
and
Mr. Raeef Hossain Zareef
M. B. Hossain
Chapter-1
CRIME
AND
CRIMINOLOGY
Chapter-1
1.1 General Concept of Crime
1.2 Definition of Crime
a) Statutory Definition
b) Scholar’s Definition
c) Social Definition
1.3 Characteristics/Elements of Crime
1.4 Classification of Crime
a) General classifications
b) Scholar’s classification
c) Classification under the Penal Code of Bangladesh
1860
d) Mode of Trial
1.5 The Criminals
a) General definition
b) Classifications
1.6 Origin of Criminal Law
(i) Theories
(ii) Elements
(iii) Parts
1.7 History of Criminal Law in Indian Subcontinent
Hindu period
Muslim period
British period
1.8 What is Criminology?
General definition
Scholar’s definition
Branches of criminology
1.9 Nature & scope of criminology
1.10 Different theories of criminology
1.11 Criminal Behaviour
1.12 Distinction between Criminal Law and Criminology
1.13 Case Reference
“Crime is eternal – as eternal as society. It is best to face
the fact that crime cannot be abolished except in a non-
existent utopia” --- Mr Frank Tennenbaum
* 1.1 General Concept of Crime *
The word ‘Crime’ derived from Latin word ‘crimen’, which meant
– “charge” or “cry of distress”. According to old English, the word
‘crime’ meant – “sinfulness” or “wickedness”.
Islamic history states that, the first crime had occurred when the
son of Prophet Adam, named Mr Kabil murdered his own brother
Mr Habil.
The criminal law of each country defines the criminal offences,

such as - theft, rape, murder etc. and to maintain a desired social
order, the Government or State could impose more formalized or
stricter systems of social control.
The Government or State could create a catalogue of crimes called

the criminal code (but in some common law countries no such
comprehensive statute exists) and compel its citizens to conform
to codes.
If any person is found guilty, the offender may be sentenced to

punishment, such as - community sentence, imprisonment, life
imprisonment, fine or even death.
While every crime violates the law, not every violation of the law
counts as a crime. Breaches of private law (torts and breaches of
contract) are not automatically punished by the State but could
be enforced through civil procedures in the country.
Therefore, ‘Crime’ is an action or illegal act which violates

criminal law and may be prosecuted by the State and if found
guilty will be punishable by law.
ϯ
Diagram of Crime
Illegal act done

Violation of law

CRIME

Prosecution by State

Punishable by law
A criminal act should have the following two cardinal principles

of criminal liability:
(i) Nullum crimen sine poena or no crime without punishment;

(ii) Nulla poena sine lege or no punishment without law.
* 1.2 Definition of Crime *
Generally speaking crime is an unlawful act, which is punishable

by Statutory or State law and it is considered as a subject matter
of criminology, which technically means a form of anti-social
behaviour that violates public sentiments to such an extent as to
be forbidden by statute.
a) Statutory Definition:
The legal definition of crime is that it is the behaviour or an
activity in violation of the legal code.
According to section 40 of the Penal Code 1860, crime or

offence is defined as follows:
“Except in the chapters and sections mentioned in clauses 2 & 3

of this Code, the word ‘offence’ denotes a thing made punishable
by this Code or under any special/local law”.
b) Scholar’s Definition:
ϰ
Mr. Paul W. Tappan defined ‘Crime’ as:
“An intentional act or omission in violation of criminal law,
committed without defence or justification and sanctioned by law
as felony or misdemeanour”1
Act done with intention

Violation of criminal law

No defence/justification

CRIME
According to Prof Sutherland:
“Crime is a symptom of social disorganisation”
According to Donald Taft:
“Crime is a social injury and an expression of subjective opinion

varying in time and place”
Mr Cross & Jones defined crime as:
“A legal wrong the remedy for which is punishment of the

offender at the instance of the State”
According to Raffeale Garafalo:
“Crime is an act which offends the basic sentiments of ‘pity’ and

‘probity’ or an anti-social behaviour which is injurious to society”
Examples of conduct crimes are:

(a) Perjury
(b) Theft
(c) Making off without payment
(d) Rape

1 Tappan, P. W. :‘Crime, Justice & Correction’, p. 80.
ϱ
(e) Murder
(f) Robbery
(g) Possession of drugs or a firearm etc.
c) Social Definition:
The social definition of crime is that it is behaviour or an activity
that offends the social code of a particular community. Mr
Caldwell has explained it as “an act or a failure to act that is
considered to be so detrimental to the well-being of a society, as
judged by its prevailing standards, that action against it cannot
be entrusted to private initiative or to haphazard methods but
must be taken by an organised society in accordance with tested
procedures”.
* 1.3 Characteristics/Elements of Crime *
The following elements (all) must be present to consider an act

as a crime:
(i) The act must have harmful impact on people;
(ii) The act must be done with intention to harm people;
(iii) The act must be prohibited or forbidden by the penal law;
(iv) There must be a ‘causal relation’ between harmful act and

intention;
(v) The offender has no defence/justification for committing the

harmful act;
(vi) Penal law must prescribe some kind of punishment for the
harmful act.
Actus Reus + Mens Rea

Causation

Prohibited by penal law

No defence

Punishment [R v Pittwood (1902) TLR 37]
or [DPP v Smith (1960)]
ϲ
Generally there is no liability under criminal law unless there is
a guilty of mind. The Penal Code of Bangladesh 1860 provides
exceptions, which negate criminal liability due to lack of mens
rea. These are:
Sections 76:
Nothing is an offence, which is done by a person who is, or who by
reason of a mistake of fact and not by reason of a mistake of law
in good faith believes himself to be, bound by law to do it. For
examples:
(a) A, a soldier, fires on a mob by the order of his superior officer,

in conformity with the commands of the law. A has committed
no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court

to arrest Y, and, after due enquiry, believing Z to be Y, arrests
Z. A has committed no offence.
Section 79:
Nothing is an offence, which is done by any person who is
justified by law, or who by reason of a mistake of fact and not by
reason of a mistake of law in good faith, believes himself to be
justified by law, in doing it. For example:
A sees Z commit what appears to A to be a murder. A, in the

exercise, to the best of his judgment, exerted in good faith of the
power which the law gives to all persons of apprehending
murderers in the act, seizes Z, in order to bring Z before the
proper authorities. A has committed no offence, though it may
turn out that Z was acting in self-defence.
Section 80:
Nothing is an offence, which is done by accident or misfortune,
and without any criminal intention or knowledge in the doing of a
lawful act in a lawful manner by lawful means and with proper
care and caution. For example:
ϳ
A is at work with a hatchet; the head flies off and kills a man who
is standing by. Here if there was no want of proper caution on the
part of A, his act is excusable and not an offence.
Section 81:
Nothing is an offence merely by reason of its being done with the
knowledge that it is likely to cause harm, if it be done without
any criminal intention to cause harm, and in good faith for the
purpose of preventing or avoiding other harm to person or
property.
Explanation -It is a question of fact in such a case whether the

harm to be prevented or avoided was of such a nature and so
imminent as to justify or excuse the risk of doing the act with the
knowledge that it was likely to cause harm. For examples:
(a) A, the captain of a steam vessel, suddenly and without any

fault or negligence on his part, finds himself in such a
position that, before he can stop his vessel, he must inevitably
run down a boat B, with twenty or thirty passengers on
board, unless he changes the course of his vessel, and that, by
changing his course, he must incur risk of running down a
boat C with only two passengers on board, which he may
possibly clear. Here, if A alters his course without any
intention to run down the boat C and in good faith for the
purpose of avoiding the danger to the passengers in the boat
B, he is not guilty of an offence, though he may run down the
boat C by doing an act which he knew was likely to cause that
effect, if it be found as a matter of fact that the danger which
he intended to avoid was such as to excuse him in incurring
the risk of running down C.
(b) A, is a great fire, pulls down houses in order to prevent the

conflagration from spreading. He does this with intention in
good faith of saving human life or property. Here if it be found
that the harm to be prevented was of such a nature and so
imminent as to excuse A's act, A is not guilty of the offence.
ϴ
Section 82:
Nothing is an offence, which is done by a child under 2[ nine] years
of age.
Section 83:
Nothing is an offence, which is done by a child above 3 [nine] years
of age and under twelve, who has not attained sufficient maturity
of understanding to judge of the nature and consequences of his
conduct on that occasion.
Section 84:
Nothing is an offence, which is done by a person who, at the time
of doing it, by reason of unsoundness of mind, is incapable of
knowing the nature of the act, or that he is doing what is either
wrong or contrary to law.
Section 85:
Nothing is an offence, which is done by a person who, at the time
of doing it, is, by reason of intoxication, incapable of knowing the
nature of the act, or that he is doing what is either wrong, or
contrary to law: provided that the thing which intoxicated him
was administered to him without his knowledge or against his
will.
Section 86:
In cases where an act done is not an offence unless done with a
particular knowledge or intent, a person who does the act in a
state of intoxication shall be liable to be dealt with as if he had
the same knowledge as he would have had if he had not been
intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
Sections 87, 88, 89 and 92:

Acts done by the consent, express or implied, or without consent
for saving of the sufferer’s interest.

2 The word “nine” was substituted, for the word “seven” by section 2 of the Penal
Code (Amendment) Act, 2004 (Act No. XXIV of 2004).

3 The word “nine” was substituted, for the word “seven” by section 3 of the Penal
Code (Amendment) Act, 2004 (Act No. XXIV of 2004).

ϵ
Sections 94:
Act to which a person is compelled by threats. For examples:
Explanation 1-A person who, of his own accord, or by reason of a

threat of being beaten, joins a gang of dacoits, knowing their
character, is not entitled to the benefit of this exception on the
ground of his having been compelled by his associates to do
anything that is an offence by law.
Explanation 2-A person seized by a gang of dacoits, and forced by

threat of instant death, to do a thing which is an offence by law;
for example, a smith compelled to take his tools and to force door
of a house for the dacoits to enter and plunder it, is entitled to the
benefit of this exception.
Sections 96-106:
Act done in the reasonable exercise of the right of private defence

of person or property.
* 1.4 Classification of Crimes *
In common law countries, crimes may be categorized into common

law offences and statutory offences. In the US, Australia and
Canada (in particular), they are divided into federal crimes and
under state crimes.
a) General classifications:
Generally crimes could be classified in the following categories:
(i) Violent crimes: Law involving an unlawful exercise or
exhibition of force (esp. of an emotion or unpleasant or
destructive natural force); using or involving physical force
intended to hurt, damage, or kill someone or something: a
violent confrontation with riot police, assault, battery,
fighting, murder, dacoity etc.
(ii) Crimes against property: An action or omission that
constitutes an offense that may be prosecuted by the state
ϭϬ
and is punishable by law: shoplifting was a serious crime,
theft, burglary etc.
(iii) White collar and corporate crimes: Denoting nonviolent
crime committed by white-collar workers i.e. those who
work in an office or other professional environment: fraud,
tax evasion, unethical professional practices, election
crimes etc.
(iv) Organised crimes: Arranged in a systematic way, esp. on
a large scale: kidnapping, robbery etc.
(v) Sexual crimes: A crime relating to the instincts,
physiological processes, and activities connected with
physical attraction or intimate physical contact between
individuals: rape, prostitution, homosexuality etc.
(vi) Economic crimes: Any crime relating to economics or the
economy: embezzlement, smuggling, black marketing etc.
(vii) Political crimes: When a person relating to the
government or the public affairs of a country commits any
crime: election crimes, treason, spying, passing secrets to
enemy country etc.
(viii) Public disorder crimes: A crime involves in the affairs of
the community: unlawful assembly, begging, bootlegging,
gambling, public drunkenness etc.
(ix) Occupational crimes: Any crime relating to a job or
profession: financial corruption, unethical professional
practices etc.
(x) Hate crimes: A crime motivated by racial, sexual, or other
prejudice, typically one involving violence: communal
violence etc.
(xi) Crimes against Government/State: When a person
commits an act, which goes against the interest of the
country: waging war, espionage, spying, bugging,
counterfeiting the currency etc.
(xii) Drug, alcohol related crimes: Alcoholism & drug related
offences being victimless crime, they fall in the category of
public order crimes or consensual crimes: selling drugs,
alcohol etc.
ϭϭ
(xiii) Super crimes: A crime is committed by the use of violence
and intimidation in the pursuit of political aims: terrorism
etc.
(xiv) Modern crimes: crime conducted via the Internet or some
other computer network or modern technology: cyber
crimes, nuclear theft, human organ theft, foeticide etc.
(xv) Religious crimes: making any statement against religious
beliefs, putting fire on worship places etc.
b) Scholar’s classification:
Prof Sutherland has classified crimes on the basis of their
atrocity and seriousness – felony and misdemeanor. The
distinction between the two is made in terms of the sentences
that can be imposed. Felonies are the more serious crimes for
which a person can be imprisoned for a long period of time or
sentenced to death. Misdemeanors are the less serious offences
for which either a short-term confinement in a jail may be
provided or a fine may be imposed. This classification is not so
useful because some misdemeanors can be more dangerous than
some felonies.
Mr Bonger has classified crimes into four groups on the basis of

their motives – economic, sexual, political and miscellaneous. It
cannot be always maintained that all crimes are committed only
with one motive.
Mr Lemert has classified crimes as situational and systematic.

The former are those, which are committed because of the
pressure of situation while the latter are those, which are
committed in a planned and systematic way.
Mr Clinard and Mr Quinney have given six types of crimes –

violent personal crime, occasional property crime, occupational
crime, political crime, public order crime, conventional crime.
c) Classification under the Penal Code of Bangladesh 1860:

The Penal Code of Bangladesh 1860 has classified
crime/offences in seven broad categories:
ϭϮ
(a) Chapter VI: Offences against State; [Sec: 121-130]
(b) Chapter VIII: Offences against public tranquillity; [Sec: 141-160]
(c) Chapter IX: Offences relating to public servants; [Sec: 161-171]
(d) Chapter XIV: Offences affecting public health, safety etc. [Sec:
268-294]
(e) Chapter XVI: Offences against person; [Sec: 299-377]
(f) Chapter XVII: Offences against property; [Sec: 378-462]
(g) Chapter XVIII: Offences relating to documents; [Sec: 463-489]
d) Mode of Trial:
The following classes of offence are based on mode of trial:
;ŝͿ Indictable-only offence;
;ŝŝͿ Indictable offence;
;ŝŝŝͿ Hybrid offence, aka either-way offence in England and Wales;
;ŝǀͿ Summary offence, aka infraction in the US.
* 1.5 The Criminals *
a) General definition:
Legally speaking, a criminal is one of those convicted by a court
for violating the law of the land. A person who is arrested by the
police but is let off by the court cannot be designated as a
criminal.
According to dictionary, a criminal is ‘a person found guilty of an

indictable offence’.
b) Classifications:
Criminals can be broadly classified into two types:
(i) Occasional: those who commit few crimes;
(ii) Professional or habitual: those who commit many crimes
regularly.
Mr Lombroso classified criminals into four types:
ϭϯ
(i) Born criminal: These are certain persons who take to crime
without any objective provocation or crime-inducing
circumstances or conditions.
(ii) Insane or epileptic criminal: This type of criminals is a

mental patient, who commits crimes due to mental imbalance
and consequent loss of self-control over one’s impulses.
(iii) Criminal by passion or casual criminal: Some persons are

not criminally disposed and do not commit crimes often but
under certain circumstances they feel the impulse to crime,
which is not always successfully resisted.
(iv) Sex criminal: Sex criminals are those who commit outrageous
sex acts or outrage the modesty of others.
Mr Eurico Ferri classified criminals into five types:

(i) Insane criminal: The persons who indulge in criminal acts on
account of total disintegration in personality and complete
loss of will.
(ii) Born criminal: Mostly such persons belong to the families,

which have adopted crime as a profession.
(iii) Habitual criminals: These persons do not inherit bad

influences but in course of their lives develop some dirty
habits, which force them into criminality.
(iv) Criminals by passion: Those who take to crime wilfully and

deliberately.
(v) Occasional criminals: This is a type of criminals who are

basically non-criminal and are at heart averse to crime; but
on account of certain temptations, compulsions or associations
are drawn to crime.
ϭϰ
Prof Sutherland’s classification of criminals is based on
the economic status of the individual:
(i) Economically indigent criminals: These persons usually

commit crime under compulsion of extreme economic
pressure.
(ii) White collar criminals: Persons belonging to upper strata of
society commit criminal acts abundantly but usually they
escape detection.
Mr Garofalo classified criminals into four types:4
(i) Strange or bizarre criminal: These types of criminals are

of very strange and eccentric nature. The main impulsion to
crime is their bizarre moral make up.
(ii) Dangerous criminals: Those who are motivated to crime

by a feeling of revenge, enmity or a desire to settle the score.
(iii) Cruel and dishonest criminals: These criminals belong to

families, which are professionally criminal.
(iv) Loafers: Those who run away from homes and take to
vagabondage.
* 1. 6 Origin of Criminal Law*
Criminal law provides the ultimate means to the society for the
partition of its individuals and institutions. Criminal law has to
be string congas, both in its content as well as in its
implementation, without being harsh and arbitrary.
a) Theories:
The origin of criminal law has four principal theories, which are:

4 Garofalo, R. : ‘Criminology’, Little Brown & Co., Boston, 1970.
ϭϱ
(i) Torts: it was originated in ‘torts’ i.e. wrong done to
individuals and the reaction was self-redress by the victim or
his family;
(ii) Rational processes: the origin was in ‘rational processes’ of

a unified society i.e. when a wrongdoer did any harm to
another person, the State had taken action and made
regulations to prevent their repetition. Thus it was regarded
as ‘will of the people’ or ‘public opinion’;
(iii) Mores: it was originated in the ‘mores’ i.e. customs developed

and achieved ethical values. Reaction to the violation of such
ethical values was expressed in the form of criminal law with
penal sanctions;
(iv) Group conflict: it was originated in the ‘conflict between

interest groups of the society’ i.e. conflict between the State
and any rival group who violates the law.
b) Elements:
There are three elements in criminal law, which are:
(i) Politicality: it means that the violation of laws attracts
penalty, which is made by the State and violation of any
other laws does not attract penal provisions of criminal law;
(ii) Specificity: it means that only certain specific acts of

delinquency are treated as crime and not all;
(iii) Uniformity: it means that the law must be applied equally

to all regardless their personal status in the society.
c) Parts:
The criminal law consists of two parts, which are:
(i) Substantive law: the Penal Code contains definition of
offences and punishment for them;
ϭϲ
(ii) Procedural criminal law: the Code of Criminal Procedure
contains the procedure for investigation, trial, prevention of
crimes etc.
* 1.7 History of Criminal Law in Indian Subcontinent*
Hindu period:
The history of criminal law in India had started after the Aryans
settled here, who fully developed a mature legal system. During
the period of 1000 to 1200 A.D. the guilt or innocence of the
accused was established by five kinds of ordeals, which were5:
(i) Balance: the accused was weighed against a stone and if
the latter was lighter, the charge was considered to be false
but if it was otherwise, the charge was proved.
(ii) Water: the accused was brought to a deep and rapidly
flowing river or a deep well full of water. Then he was
thrown into the water, if he was not guilty, he would not
drown or die.
(iii) Fire: It had four main forms, which were:
(1) Going through nine circles with red-hot iron-ball in hand;

(2) Walking over burning fire;
(3) Lifting up a piece of iron from boiling oil;
(4) Licking the red-hot iron bar with tongue;
If the accused was not hurt, then his innocence was proved.
(iv) Poison: the accused was required to drink poison or take out
a living black serpent from a pot. If he survived harmless, he
was considered to be innocent.
(v) Kosa: the accused was taken to a temple and then the priest
poured water over the deity (idol) and that holy water was

5 Dr. Pendse, S. N. : ‘Oaths and Ordeals in Dharamsastra’, M.S. University,
Baroda Publications, 1985.

ϭϳ
given to the accused for drinking. If he were guilty or false,
he would at once vomit blood.
Muslim period:
During the Muslim period, based on Quran, Hadith, Ijma, Kiyas,
there were four kinds of punishments:
(i) Qisas or retaliation;
(ii) Diyut or blood money;
(iii) Hadd or punishment which cannot be increased/reduced;
(iv) Tazar and Siyasa or discriminary and exemplary punishment.
British period:
During the British period, codification of law started with the
Charter of 1833 and Penal Code 1860 received the assent of the
Governor General on 6th October 1860 and came into force on 1 st
January 1861. The Penal Code, being the general code of criminal
law in the country, covers a variety of offences, such as – murder,
kidnapping, rape, theft, criminal intimidation, cheating, criminal
breach of trust, defamation.
* 1.8 What is Criminology? *
Introduction:
The genesis of the term criminology is from the Latin word

‘crimen’ (crime) and from Greek word ‘logia’ (science), therefore,
criminology is the science, which deals with crime and criminals.
General definition:
Criminology generally means - ‘the scientific study of the nature,
causes, control, extent and prevention of criminal behaviour’.
ϭϴ
Criminology

Nature of Causes/ How to The degree to How to prevent
Criminal reasons control the which criminal the criminal
act
act behind the criminal act act has spread or behaviour
criminal act
Criminology is an interdisciplinary field in the behavioral

sciences, drawing especially upon the research of sociologists,
psychologists, psychiatrists, social anthropologists, as well as
scholars of law.
The term criminology was coined in 1885 by Italian law professor

Raffaele Garofalo as criminologia. Later, French anthropologist
Paul Topinard used the analogous French term criminologie.
So, easily, we can say that the text, which deals with crime and
provides knowledge about crime & criminal that is criminology.
Scholar’s definition:
Prof. E. H. Sutherland describes criminology as:
“The body of knowledge regarding crime as a social phenomenon.
It includes within its scope the processes of making laws, of
breaking laws and of reacting towards the breaking law”6
According to Mr Taft:
“Criminology is largely for the study of crime and criminals as

defined by law; also the study of ‘near crimes’ and ‘quasi-
criminals’ because they are part of the cause of crime”7
According to Mr Elliott:
“Criminology is a science of crime and its treatment”8

6 Sutherland, E. H. and Cressey, D. R. : ‘Principles of Criminology’, p. 3.
7 Taft, Donald R. : ‘Criminology – A cultural interpretation’, p. 9.
ϭϵ
At present, criminology science glitters as a landmark in the
annals of history taking its fold the following disciplines –
anthropology, biology, psychology, sociology, police science,
political science, economic, divinity, pathology, jurisprudence,
law, psychiatry and so on.
In view of Justice V. R. Krishna Iyer “criminology is for the

community and criminologists are the unacknowledged
legislatures of the world”.9
Branches of criminology:
According to Mr. Sutherland and Mr. Cressey, there are three
main branches of criminology:10
(i) Sociology of law;

(ii) Criminal Etiology;
(iii) Penology.
(i) Sociology of law: Criminologist examines and evaluates the

origin, nature, application and modification of penal laws.
(ii) Criminal Etiology: Criminologist try to identity the

relevant/main causes of criminal behaviour.
(iii) Penology: Criminologist explores various mechanisms of

punishing the offenders and penal policies.
* 1.9 Nature & scope of criminology *

The interests of criminologists include the study of nature of
crime and criminals, origins of criminal law, aetiology of crime,
social reactions to crime, and functioning of law-enforcement
agencies and penal institutions. It can be said that broadly

8 Elliot, M. A. : ‘Crime and Modern Society’, p. 9.
9 Krishna Iyer J. : ‘Inaugural Address – Perspective in Criminology’, edited by Mr
Rao, S. V.
10 Sutherland, E. H. and Cressey, D. R. : ‘Principles of Criminology’.
ϮϬ
criminology directs its enquiries along three lines: first, it
investigates the nature of criminal law and its administration
and conditions under which it develops; second, it analyses the
causation of crime and the personality of criminals; and third, it
studies the control of crime and the rehabilitation of offenders.
Therefore, criminology includes within its scope the activities of

legislative bodies, law-enforcement agencies (police), judicial
institutions (courts), correctional institutions (prisons) and
educational, private and public social agencies.
* 1.10 Different theories of Criminology *

As advancements have taken place, new terminologies have been
coined for various criminology theories:
(i) Radical criminology: According to Mr W. J. Chambliss
“Acts are defined as criminal because of the interest of the
ruling class enjoy immunity and subject class are penalized
for violation. Crime diverts attention of the lower class
people from capitalists’ exploitation. Crime is a reaction to
the life condition of person’s social class”.11
(ii) Marxist criminology: According to Mr Taylor, Walton and
Young “Radical criminology views the State and law as
instruments used by the wealthy and powerful to dominate
and exploit the weak. It views traditional criminological
theory as an ally of the wealthy and powerful because it
concentrates on the offenders and assumes that they, rather
than the ‘system’ are the problem”. 12
(iii) Critical criminology: According to Mr Don C. Gibbons,
“Crime, racism, sexism and international exploitation are

11Chambliss, W. J. : ‘Toward a Political Economy of Crime’.
12Encyclopedia of Crime and Justice, Editor-in-Chief – Kadish, Sanford H. , Vol -
1, p. 349.
Ϯϭ
manifestations of the inherent contradictions of the political-
economic organisation of monopoly capitalism”. 13
(iv) New criminology: According to Mr Taylor, Walton and
Young “Criminology should be fully social and should take
into account of economic and structural social forces. The
cause of crime is social and economic rather than
individual”.14
(v) Clinical criminology: According to Mr Etienne De Greeff,
Lyon “Diagnosis, prognesis, clinically oriented treatment of
the delinquent and criminal. Formation of personality of the
criminal, analysis of pre-delinquent situations, dynamics of
criminal acts and interaction of criminogenic factors”.
* 1.11 Criminal Behaviour*
Prof. Sutherland and Mr D.R. Cressey explained the criminal

behaviour as follows:15
(i) Circumstances or the situation at the time of commission of

crime, i.e. ‘mechanistic’, situational or dynamic;
(ii) Processes operating in the earlier history of the criminal, i.e.

‘historical’ or ‘genetic’.
According to Mr Walter C. Reckless, the total spectrum of

criminal behaviour can be depicted in the phenomenological
perspective as follows:16
(a) Epilepsy and psychotic episodes: the disturbances in the

emotional, perceptual and ideational systems are sometimes

13 Gibbons, Don C. : ‘Society, Crime and Criminal Careers – An Introduction to
Criminology’.
14 Encyclopedia of Crime and Justice, Editor-in-Chief – Kadish, Sanford H. , Vol -
1.
15 Sutherland, E. H. and Cressey, D. R. : ‘Principles of Criminology’.
16 Reckless, Walter C. : ‘Crime Problem (5th Ed.), 1973, New York.
ϮϮ
translated into bizarre as well as dangerous behaviour, e.g.
manic, hallucinatory and paranoid behaviour;
(b) Symptomatic behaviour: activation of deep residues, often

triggered by the flow of events in the life of a person;
(c) Faulty personality and development: the combination of

characteristics or qualities that form an individual's
distinctive character, which is faulty and no positive
development;
(d) Inadequacy: poor endowment, deprivation, gross lack of

opportunity, cultural shortages, poverty stricken;
(e) Norm erosion and alienation: violation of conventional

norms of the society;
(f) Behaviour consequent to conflict: group conflict resulting

in the commission of crime;
(g) Interactional explosion: in the company of two or more,

spontaneous behaviour as often generated leads to
delinquency and crime due to tension, conflict, imitation etc.;
(h) Following certain models: gang leader;
(i) Occupational matters: crime is learned from the nexus of

the profession in which one is engaged.
* 1.12 Distinctions between Criminal Law and

Criminology*
Criminology always directs the way of criminal law. Therefore,

both are dependant of each other. Still there are following
differences between them:
Ϯϯ
No. Criminal Law Criminology
Knowledge of criminal law is Criminology is the
(i) essential to understand the scientific study of crime
activities of criminals. and control of crime.
Criminal law is the collection It is the analytical study
(ii) of those laws whose purpose of the development of
is to maintain law and order. law of crime.
Law of crime can be altered It analyses the changes
with the help of criminology. of society and
(iii)
establishes new values
of life.
Principles of criminal law are It is determined on the
(iv) dynamic. They are affected by basis of new tendencies
the time. of law of crime.
* 1.13 Case References *
[R v Pittwood (1902) TLR 37 – The defendant was employed by

a railway company to the main gate at a level crossing. The
defendant lifted the gate to allow a cart to pass and then went off
to lunch failing to put it back down. A train later collided with a
horse and cart killing the train driver. The defendant was liable
for the death of the train driver as it was his contractual duty to
close the gate.]
[DPP v Smith (1960) – A policeman tried to stop the defendant

from driving off with stolen goods by jumping on to the bonnet of
the car. The defendant drove off at speed and zigzagged in order
to get the police office off the car. The defendant argued he did
not intend to harm the policeman. The policeman was knocked
onto the path of an oncoming car and killed. The defendant was
convicted of murder. The trial judge directed the jury as follows:
‘If you are satisfied that ... he must as a reasonable man have
contemplated that grievous bodily harm was likely to result to that
officer ... and that such harm did happen and the officer died in
consequence, then the accused is guilty of capital murder. ... On
Ϯϰ
the other hand, if you are not satisfied that he intended to inflict
grievous bodily harm upon the officer - in other words, if you think
he could not as a reasonable man have contemplated that grievous
bodily harm would result to the officer in consequence of his
actions - well, then, the verdict would be guilty of manslaughter.’
The jury convicted of murder and the defendant appealed on the

grounds that this was a mis-direction and that a subjective test
should apply. The Court of Appeal quashed his conviction for
murder and substituted a manslaughter conviction applying a
subjective test. The prosecution appealed to the House of Lords
who re-instated the murder conviction and held that there was no
miss-direction thereby holding an objective test was applicable.]
Ϯϱ
Ϯϲ
Chapter-2
SCHOOLS OF THOUGHT
OR
CRIMINOLOGY
Ϯϳ
Chapter-2
2.1 Schools of Thought

2.2 Pre-classical School
General Concept
Characteristics
Criticism
2.3 The Classical School
General Concept
Characteristics
Criticism
2.4 Neo-classical School
General Concept
Characteristics
Criticism
2.5 Positive School
General Concept
Characteristics
Criticism
2.6 Psychiatric School
General Concept
Characteristics
Criticism
2.7 Cartographic School
General Concepts
Characteristics
Criticism
2.8 Sociological School
General Concepts
Characteristics
Criticism
2.9 Socialist School
General Concepts
Characteristics
Criticism
2.10 Clinical School
General Concepts
Characteristics
2.11 Modern School
General Concepts
Characteristics
2.12 Labeling Theory School
2.13 Summary of schools of criminology
Ϯϴ
Ϯϵ
* 2.1 Schools of Thought *
General Concept:
The present form of criminology is a result of studies, researches

and contribution of the eminent scholars and criminologists of the
world. The followers of the thought and ideals of some prominent
criminologists, who propounded the new thought or theory in this
field, are collectively called ‘school’.
The founder of modern criminology Mr. Cesare Bonesana

Marchese de Beccaria at first started to study criminals on a
scientific basis. From the study of Mr. Beccaria, ‘theories of
criminology’ or ‘the schools of criminology’ originated.
Mr Sutherland explained the meaning of ‘School of Criminology’

and pointed out that it connotes the system of thought, which
consists of an integrated theory of causation of crime and of
policies of control implied in the theory of causation.
Different schools of thought have developed during mid-18th

century to mid-20th century, which are:-
(a) Pre-classical
(b) Classical
(c) Neo-classical
(d) Positive
(e) Psychiatric
(f) Cartographic
PC-NP-PC-SSC-ML
(g) Sociological
(h) Socialist
** Short technique for memorization
(i) Clinical
(j) Modern
k) Labelling
ϯϬ
Every school represents the social attitude of people towards
crime and criminal in a given time. They also explain crime in its
own manner and suggest punishment to prevent those crimes.
* 2.2 Pre-classical School *
General Concept:
This school explained the causation of crime in terms of

demonology, witchcraft and supernatural powers. It was
dominated by the scholasticism of St. Thomas Acquinas.
During 17th and 18th century in Europe, it was believed that

people committed crime due to the influence of ‘devil’ or ‘demon’
but not from his own free will.
Characteristics:
The King was believed to be the representative of God and had

the Divine Right to give punishment to the criminals to keep
them away from sinful or criminal acts.
To relieve the victim (criminal) from the influence of the devil,

people used to do worship, sacrifices, ordeals. The oaths and
ordeals played a very important role to determine the guilt of the
accused.
With the lapse of time and the advent of the reformers, such as -
Mr Hobbs, Mr Donte, Mr Machiavelli, Mr Martin Luther etc., who
questioned the validity of trial by ordeal, as a result, the school
vanished from the scene of criminology.
Criticism:
The pre-classical school was criticised on various grounds, such as:

(i) The causes of commission of a crime cannot be due to the
influence of any evil spirit or damn but various
ϯϭ
psychological, moral and social factors are held responsible
for it;
(ii) The demonological approach, if accepted will not serve any
purpose to find out the real causes of crime because it is
neither practical nor scientifical;
(iii) The basis of this theory is purely imaginary and

hypothetical because nobody has ever seen devil spirits.
* 2.3 The Classical School *
General Concept:
The classical school of thought was based on ‘hedonism’ i.e. a

person governs his behaviour by consideration of pain and
pleasure. In 1775, the ‘hedonism’ theory was firstly introduced by
Mr. Cesare Beccaria and later developed by Mr. Jeremy
Bentham.
According to the hedonistic doctrine, the criminals are simply

punished in the prescribed ways by the State. The basic idea was
that the crime would be minimal if the fear of the State agents is
maximal.
Mr John Locke propounded that the aim of punishment should be

‘not to torment and afflict a sentient person but it is to prevent
the criminal from doing more damage to his co-citizens and to
deter others from doing likewise’ and pleaded for the abolition of
the death penalty.
Characteristics:
The main characteristics are:-
(i) All people have ‘free will’ to choose how to act;
(ii) ‘Pain and pleasure’ motivates people to commit crime;
ϯϮ
(iii) Punishment should be limited, certain and swift only to
control criminals behaviour;
(iv) The criminal justice system needs to be organized to

prevent crime rather than punishing the criminals.
The greatest achievement of this school was that it suggested a

substantial criminal policy, which was easy to administer without
resort to the imposition of arbitrary punishment.
Mr Beccaria’s view provided a background for the subsequent

criminologists to come out with a rationalised theory of crime
causation, which eventually led the foundation of modern
criminology & penology.
This school came about at a time when major reform in

penology occurred, with prisons developed as a form of
punishment. Also, during this period saw many legal reforms, the
French Revolution, and the development of the legal system in
the United States.
Criticism:
(i) The main defect of the school was that it proceeded on an

abstract presumption of ‘free will’ and relied solely on the
act (i.e. the crime) but did not give any attention to the
‘state of mind’ of the criminal; 17
(ii) In this school, the importance of the society and the

circumstances responsible for crimes were completely
ignored;
(iii) The solid measures to prevent the crime were also not
suggested in this theory.

17Paranjape, N. V.: ‘Criminology and Penology’, 14th Ed. , Central Law
Publications.
ϯϯ
* 2.4 Neo-classical School *
General Concept:
Certain problems arose in the implementation of the classical

(free will) theories. Treating of the minors, idiots, insane,
psychopathic and other incompetents similarly on the basis of the
act committed rather than an individual offender was also
unrealistic. Consequently, a neo-classical school came into
existence by:
(i) Modification of the ‘free will’ doctrine, which could be

affected by incompetence, insanity or other conditions as
well as pre-meditation;
(ii) Acceptance of the validity of mitigating circumstances;
(iii) The doctrine of responsibility was modified to provide

mitigating punishment in cases of conditions of insanity,
age and other conditions that would have an effect on the
‘knowledge and intent of the offender at the time of
committing the crime’;
(iv) Reformation in the court procedures.
The neo-classical school had developed during 18th to 19th century,

mainly by Mr. Jeremy Bentham.
Characteristics:
The main features or characteristics of this school are:-

(i) Mental disorder of a person deprives a criminal to control
his conduct and thus commits crime;
(ii) This school mainly focused on ‘mens rea’ of the criminal;
ϯϰ
(iii) Punishment should be based on the ‘criminal intention’ of
the offender, i.e. crime and punishment should be
equivalent;
(iv) All criminals must be separated or segregated from the

society;
(v) A mentally ill (insane) criminal who cannot distinguish

between right or wrong, should be treated differently from
the mentally sound criminal.
The origin of jury system in criminal jurisprudence is essentially

an outcome of the reaction of neo-classical approach towards the
treatment of the offenders.
Criticism:
(i) The defect of the school was that it believed the criminal,
whether responsible or irresponsible, needs to be eliminated
from the society.
(ii) The policies of the school had been criticised as being

individualistic because it assumes freedom of the will, which
gives little or no possibility of investigating the policies of
crime or sociology or psychology of crime and criminals.
* 2.5 Positive School *
General Concept:
This school laid emphasis on the positive law, i.e. the legal
findings and observations based on proof and evidence. The school
was developed during mid 1800s to early 1900s by Mr. Lombroso,
Mr. Ferri and Mr. Garofalo.
The school presumes that criminal behavior is caused by internal

and external factors outside of the individual's control. The
ϯϱ
scientific method was introduced and applied to study human
behavior.
Mr C. Lombroso, who is regarded as the father of the modern

criminology, made a study of a large number of troublesome
soldiers and found that a criminal can be identified by certain
physical characteristics such as – slanting forehead, long earlobes
or none at all, a large jaw, flattened nose, scanty beard, heavy
supra orbital ridges, either an excessive hairiness or absence of
hair, either extreme sensibility or lack of sensibility of pain.18
Mr C. Lombroso’s study of the solders also revealed that about

1/3rd of the prisoners were ‘throwbacks’ or ‘biological reversions’ to
the primitive savages or mere animals, 1/3rd were borderline
cases and 1/3rd were accidental or occasional offenders who
probably would not repeat their crimes.
Characteristics:
The main features or characteristics of this school are:
(i) The theory based on the ‘biological determination’ of the

criminal, i.e. criminals were physically inferior, therefore,
had a tendency for inferior acts;
(ii) The scientific proof was required to determine criminality;
(iii) It laid greater emphasis on personality of the criminal

rather than his criminal act;
(iv) Criminals should be given proper treatment to remove

criminal behaviour from him;
(v) A criminal should be punished only according to the

circumstances associated with the act but not according to
the gravity of the act/crime.

18 Williams, K. S. : ‘Text Book on Criminology’, 1st Indian reprint, 2001.
ϯϲ
An English physician Mr Goring also made a comparison of
several thousand criminals as well as several thousand non-
criminals and found no significant difference as far as the
physical stigma is concerned, therefore, disproved Mr Lombroso’s
theory.
Later, the logic and methodology of Mr Lombroso’s were retained

and instead of physical characteristics, ‘feeble mindedness’ was
inserted to differentiate criminals from non-criminals.
The ‘Intelligence Testers’ explained that ‘feeble mindedness’

caused crimes because mentally ill person is not capable to
appreciate the consequences of their behaviour or meaning of law.
Criticism:
The followings are the criticisms of Mr Lombroso’s theory:
(i) The theory assumed that there was some nexus between
atavism and criminal behaviour had no scientific basis,
therefore, lost all credence;
(ii) His approach assumed that a person’s physical body is fixed

and cannot be changed;
(iii) He had chosen criminals for his study, which created doubt
about the reliability of the data produced by him;
(iv) His analysis was proved as ‘highly deficient’ by the

subsequent sophisticated statistical techniques;
(v) He failed to compare the so called characteristics of

criminals with the non-criminals;
(vi) He did not take into account the racial and ethical
differences among the members of his samples and treated
them as homogeneous.
ϯϳ
* 2.6 Psychiatric School *
General Concept:
The Psychiatric school is also known as Italian school or Itabau

school or Typological school and developed during 18 th to 19th
century.
This school is the continuation of Lombrosian School and

emphasized that the delinquent personality is formed in the early
years of a child’s life. If his body does not receive social needs,
then he will come into conflict with the society.
Mr Garofalo believed that a criminal is a creature of his own

environment and defined crime as an act, which offends the
sentiments of pity and probity possessed by an average person.
The lack of pity generates crimes against person while lack of
probity leads to crimes against property.19
Mr Ferri rejected ‘free will’ theory and placed more significance

on the interrelation of social, economic and political factors. In
order to prevent crimes, he suggested certain measures, such as –
free trade, abolition of monopolies, building inexpensive
workmen’s dwellings, better street lighting, birth control, freedom
of marriage & divorce, State control on manufacturing weapons,
establishment of founding homes and provision for public
recreation etc.
Mr Tarde thought that criminal behaviour is learnt by association

and pointed out that law of insertion & imitation were
responsible for the incidence of crime.
Characteristics:

19 Garofalo, R. : ‘Criminology’, Little Brown & Co., Boston, 1970.
ϯϴ
(i) The school is based on human psychology, i.e. emotional
aspect of human nature;
(ii) It takes into account different factor, such as - biological
inheritance, experiences of life, and personality of the
criminal;
(iii) Punishment should depend on personality of the criminal;
(iv) Criminal should be reformed through correctional method

of treatment.
Criticism:
The defect was that it is quite difficult to identify human
psychology and come to a conclusion based on human mind.
* 2.7 Cartographic School *
General Concept:
The Cartographic School is also known as Geographical or

Ecological School, which emerged during 19th century, especially
by Mr Adolphe Quetelet and Mr A. M. Guerry.
Characteristics:
(i) The basic notion of this school was that crime is caused by
the conflicts of values in the lower socio-economic classes,
various age groups, religious groups and interest groups
living in certain geographic areas.
(ii) The roots of the crime are located in poverty, misery and
depravity.
(iii) The school also enunciated juvenile delinquency and

professional crimes.
ϯϵ
Criticism:
This school was criticised on the ground that
(i) Cartographical factors can be one of the reason of the

causation of crime and not the whole person;
(ii) Crime is mainly related with the mentality and conduct of a

particular person;
(iii) Therefore, it is necessary that all persons living in the same

geographical conditions must necessarily be criminal;
(iv) Conditions are changeable but the basic elements of

criminal tendencies never change.
* 2.8 Sociological School *
General Concept:
The sociological school is also called ‘Rational School’ and

developed during 19th to 20th century.
Mr Sutherland sought to explain various processes through which

a person becomes criminal and suggested that human personality
& culture has direct relation with criminality of a person.
Characteristics:
(i) The causation of crime is located in social environment;
(ii) According to Mr William Healy, multiple factors, such as -

poverty, mobility, low levels of education, religion, economy,
culture, political ideologies, unemployment, alcoholism,
over population etc. are the causes of committing the
crimes;
ϰϬ
(iii) Age, sex, race, occupational standards, residence etc. has
direct bearing on crime causation;
(iv) A person becomes criminal when he lives in a society that

has the above mentioned problems;
(v) It suggests the application of humanitarian methods for

treatment of criminals.
According to sociologists, crime involves three essential

elements:
(i) Values that are appreciated by the politically dominant who

makes law;
(ii) Conflict of interest in the society;
(iii) Use of force and coercive methods by offenders.
Criticism:
(i) The defect was that multiple factor theory have confused
‘factors’ with ‘causes’ of crime, because, it is difficult to
locate ‘causes’ of crime in the ‘factors’;
(ii) This theory cannot be applied on every person or on every

society. There are certain persons who commit crime in
sudden provocation despite the fact that earlier they were
well behaved and law abiding;
(iii) This theory applies only for those places where only
criminals resides, while, in fact, there can be no such
society in which only criminals live;
(iv) There are many other factors, which give rise to the
causation of crime;
(v) In an educated and law abiding society, criminals has no

place. Therefore, the question of learning crimes by
limitation does not arise.
ϰϭ
* 2.9 Socialist School *
General Concept:
In 1968, three young British sociologists namely, Mr Ian Taylor,

Mr Paul Walton and Mr Jock Youngformed the National
Deviance Conference (NDC) who rejected previous explanations
of crime and deviance. They decided to pursue a new Marxist
criminological approach and argued against the biological
"positivism" perspective represented by Mr Lombroso, Mr Hans
Eysenck and Mr Gordon Trasler.
Characteristics:
(i) According to the Marxist perspective on crime, "defiance is

normal - the sense that men are now consciously involved…in
assuring their human diversity." Thus Marxists
criminologists argued in support of society in which the facts
of human diversity, be it social or personal, would not be
criminalized.
(ii) They, further, attributed the processes of crime-creation not

to genetic or psychological facts, but rather to the material
basis of a given society.
Criticism:
Socialist school of thought was mainly criticised on the ground

that –
(i) This school laid too much emphasis on economic aspects of

crimes and neglected all other aspects related with it. It is a
well-established fact that there is no one definite cause of
crime but various causes give birth to the crime;
ϰϮ
(ii) It is not true that in the prosperous societies the crimes are
not committed. Instead, the fact is that certain specific
types of crimes like ‘white-collar crimes’ are committed
more in prosperous societies;
(iii) Even if the means of production and distribution are made

equal and proper financial adjustment is made in the
society, the people who are criminal by nature will not leave
their habit of committing crimes.
* 2.10 Clinical School *
General Concept:
The proponents of this school are Mr Etiene De Greeff and Mr

C.H. Anderson and developed during 19th to 20th century.
Prof. Gillin emphasised that criminal is a product of his

biological inheritance conditioned in his development by
experiences of life to which he has been exposed from infancy up
to the time of the commission of the crime.
Characteristics:
(i) According to this school, personality of man is a combination

of internal and external factors; therefore, criminals should
be subjected to correctional methods, such as – probation,
parole, reformatories, open-air camp etc.
(ii) Criminals, who do not respond favourably to the correctional

methods, should be punished with imprisonment or
transportation of life.
ϰϯ
* 2.11 Modern School *
General Concept:
In recent years, modern critics like Mr Robert Brown, Ms Alice

criticises the traditional criminological view on the ground that
their search for characteristic differences between the class of
criminals and the class of non-criminals rests upon erroneous
assumption.20
Characteristics:
(i) Criminals are treated as a victim of well-known inequalities

between social classes, private wealth, social power,
political power etc.;
(ii) State has the power to control criminals by implementing

social control mechanisms and developing education,
mental health etc.;
(iii) The theory is based on seven fundamental notions, such as -

the principle of legality, mens rea, conduct, consequence of
mens rea and conduct, harm, causation and punishment;
(iv) The punishment should be severe enough to deter but not

too severe to be brutal;
(v) The punishment should make the offender realize that the
crime, whichhe has committed is not only harmful to the
society but also to his ownfuture as well.

20 ‘Law and Society – The Crisis in Legal Ideals’, edited by Kamenka, R. B. and
Tay, Alice, p. 81.

ϰϰ
* 2.12 Labeling Theory School*
General Concept:
In 1938, the Labeling theory was propounded by Mr Tannerbaum

who labeled criminals under different heads, such as – tagging,
defining, identifying, segregating etc., which was helpful in
treatment of criminals. Some sociologists have called the labeling
theory as “the shoe fits, wear it” theory.
Mr Howard Becker developed the labeling theory, which is also

known as ‘social reaction theory’. He said that when someone is
given the label of a criminal they might reject or accept it and
continue to commit crime. Even those who initially reject the
label can eventually accept it, as the label becomes better known
particularly among their peers. This stigma can become even
more profound when the labels are about deviancy, and it is
thought that this stigmatization can lead to deviancy
amplification.21
In 1986, Mr Klein conducted a test, which showed that labeling

theory affected some youth offenders but not others. 22

21Slattery, Martin : ‘Key Ideas In Sociology’, Nelson Thornes, 2003, p. 154.
22Kelin, Malcolm : "Labeling Theory and Delinquency Policy: An Experimental
Test", March 1986, Criminal Justice & Behaviour 13 (1), pp. 47–79.
ϰϱ
* 2.13 Summary of schools of criminology*
Name of the Pioneer/

Year Principles relied on Postulates
School Proponents
Pre-classical St. Thomas 17thand 18th Demonology, witchcraft and People committed crime due to the
Acquinas century supernatural powers influence of ‘devil’ or ‘demon’ but
not from his own free will
Classical Mr. Cesare 1775 ‘hedonism’ i.e. pain and (a) ‘Pain and pleasure’ or ‘free will’ of
Beccaria pleasure theory or ‘free will’ the people motivates to commit
theory crime;
(b) Punishment should be limited,
certain and swift only to control
criminals behaviour.
Neo-classical Mr. Jeremy 18th to 19th (a) Subjective approach; (a) Mental disorder of a person
Bentham century (b) Mental disorder; deprives a criminal to control his
(c) Correctional institutions conduct and thus commits crime;
(b) Punishment should be based on
the ‘criminal intention’ or ‘mens
rea’ of the offender.
Positive Mr. 18th to 19th Criminal atavism (a) Due to ‘biological determination’
Lombroso century the criminal had a tendency for
inferior acts;
(b) Punishment based on the
circumstances associated with
the act but not according to the
gravity of the act/crime;
(c) ‘Feeble mindedness’ is the cause
of crime.
Psychiatric Mr Garofalo 18th to 19th Crime affect the sentiments of Crime as an act offends the
ϰϲ
School Proponents
century pity and probity sentiments of pity and probity
possessed by an average person,
which is injurious to the society.
Mr Ferri Emotional, geographical, Social, economic and political factors
anthropological, social factors plays an important role for causing
crime.
Mr Tarde Imitation, social phenomenon Law of insertion & imitation were
responsible for the
incidence of crime.
Cartographic Mr Adolphe 19th century Geographical and social (a) Distribution of crime in certain
or Quetelet and areas both geographical and social;
Geographical Mr A. M. (b) The school also enunciated juvenile
or Ecological Guerry delinquency and professional
crimes.
Sociological Mr 19th to 20th Differential association, social Multiple factors, such as - poverty,
or Rational Sutherland, century disorganisation, Age, sex, mobility, low levels of education,
Mr William race, occupational standards, religion, economy, culture, political
Healy residence etc. ideologies, unemployment,
alcoholism, over population etc. are
the causes of committing the crimes.
Socialist Mr Bonger, 19th to 20th Crime and economy (a) The relationship between crime
Mr Marx, Mr century and economy is inverse;
Walsh, Mr (b) Favourable economic condition
Taylor, Mr reduces crime rates but economic
Walton, Mr depression increases the crime
Young rate.
Clinical Mr Etiene De 19th to 20th Biological inheritance and (a) Criminal is a product of his
Greeff, Mr century exposure to life biological inheritance conditioned
ϰϳ
School Proponents
C.H. in his development by
Anderson, experiences of life to which he
Prof. Gillin has been exposed from infancy up
to the time of the commission of
the crime;
(b) Personality of man is a
combination of internal and
external factors; therefore,
criminals should be subjected to
correctional methods, such as –
probation, parole, reformatories,
open-air camp etc.
Modern Mr Robert 20th to 21st The principle of legality, mens (a) Criminals are treated as a victim
Brown, Ms century rea, conduct, consequence of of well-known inequalities between
Alice mens rea and conduct, harm, social classes, private wealth, social
causation and punishment power, political power etc.;
(b) The punishment should be severe
enough to deter but not too severe
to be brutal.
Labeling Mr 20th to 21st Tagging, defining, identifying, (a) Criminals are labeled under
theory or Tannerbaum, century segregating etc. different heads, such as –
social Mr Howard tagging, defining, identifying,
reaction Becker, Mr segregating etc., which was
theory Klein helpful in treatment of criminals;
(b) The theory affected some youth
offenders but not others.
ϰϴ
ϰϵ
Chapter-3
CAUSATION
OF
CRIME
ϱϬ
Chapter-3
CAUSATION OF CRIME
3.1 Crime Causation

b) Scholar’s definition
3.2 Different approaches of criminology

3.3 Various causes of crime
3.4 The relationship between causation and liability
3.5 Establishing causation
3.6 Establishing factual causation
3.7 Establishing legal causation
3.8 Criminogenic factors
a) Individual centric causes
b) Society centric causes
3.9 Crime and Heredity
3.10 Crime and Mental Disorder
3.11 Insanity and Crime
3.12 Crime and Bio-physical factors
3.13 Crime and Psychology
3.14 Crime and Gender (female)
3.15 Case References
ϱϭ
* 3.1 Crime Causation *
The two phases of the crime problem are:
(i) The causes of crime; and
(ii) The prevention of crime.
Every individual has his own explanation for a crime and his own
ideas of prevention. What causes a specific individual to break a
social sanction or a law has ever been an enigma to society. Crime, as
well as immortality, is the backlash of a culture.
It has been popular to attribute criminal behaviour to one cause of

factor, or to one set of factors. Without contending that they will
inevitably cause crime, it is apparent that certain conditions are
more favourable to crime than others, such as –
(a) Bad heredity;

(b) Physical defect;
(c) Mental imbalance;
(d) Mental defect;
(e) Emotional insecurity;
(f) Slum environment;
(g) Poor education;
(h) Criminal associates;
(i) Extreme poverty;
(j) Environmental stimulation to crime.
b) Scholar’s definition:
Criminologists have always differed in their views regarding
causation of crime. According to Mr Emile Durkheim, ‘crime is a
natural phenomenon, which constantly changing with the social
change’.
According to Mr Richard and Mr Corkle:
‘Crime is not only normal but also inevitable, without it society as we

know it, would be inconceivable and not quite desirable. It is one
expression, usually an undesirable expression of a tendency that is
supremely desirable in society’.23

23 Kem, Richard R. and Corkle, L. W. : ‘Criminology and Penology’, p. 276.
ϱϮ
* 3.2 Different approaches of criminology *
There are two approaches of crime causation:
(i) Subjective: Based on or influenced by personal feelings,
tastes, or opinions (for examples, anthropological, biological,
physiological, psychological)
(ii) Objective: Of a person or their judgment) not influenced by

personal feelings or opinions in considering and representing
facts (for examples, socio-economic, ecological, topographical,
cultural environment)
* 3.3 Various causes of crime *

The followings are the major causes of crime:
(i) Broken families:
The family is the most dominant factor in the social causes of

crime in Bangladesh. In urban areas, all the members of a family
are to be seen pursuing their individual paths. Even in the
villages, the adolescents and young man and woman do not
respect their elders and they want to carefree and unrestricted
individual life.
(ii) Absence of social control:
Social organisations have been deprived of all their authority.

With better facilities of transport being available the criminal can
commit the crime and abscond from the village to the town or to
the village from the town.
(iii) Defective education:
ϱϯ
Modern education in Bangladesh does not develop the character
of stuents in right directions. Instead, it has led to an increase in
selfishness, disorderliness and impertinence.
(iv) Bad cinema:
Cinemas indirectly influence the male criminals by teaching

crime technique, by exhibiting many kinds of crimes, by
stimulating the desire for wealth and comforts, toughness and
adventure etc.
(v) Newspaper:
It increases criminality by publishing methods of major crimes,

by warning, alarming and alerting criminals by publishing police
methods etc.
(vi) Defects of marriage and dowry system:
In the one hand, the dowry system urges the fathers of girls to
earn money through illegitimate means for their daughter’s
marriage, on the other hand, leads to suicide by many young girls
who cannot bear to see the degraded condition of their parents.
(vii) Religionism:
It also causes crime due to the differences of opinion between

people on matters of religion and in the hatred for other religion.
(viii) Changes in social values:
Now a days, new notions such as materialism, individualism,

rationalism, the respect for wealth, the absence of sex restrictions
etc. led to disregard of ancient social values and new values have
been reinstated in their stead.
(ix) Alcoholism:
ϱϰ
Drinking of alcohol is more prevalent among those who have a
low standard of life and it is also from among them that the
greatest numbers of criminals are coming.
* 3.4 The relationship between causation and

liability*
Causation of an event by itself is not sufficient to create legal

liability.
Sometimes causation is one part of a multi-stage test for legal

liability. For example for the defendant to be held liable for the
tort of negligence, the defendant must have:
(i) Owed the plaintiff a duty of care;

(ii) Breached that duty;
(iii) By so doing caused damage to the plaintiff; and
(iv) That damage must not have been too remote.
On other occasions, causation is the only requirement for legal

liability (other than the fact that the outcome is proscribed). For
example in the law of product liability, the courts have come to
apply to principle of strict liability: the fact that the defendant's
product caused the plaintiff harm is the only thing that matters.
The defendant need not also have been negligent.
On still other occasions, causation is irrelevant to legal liability

altogether. For example, under a contract of indemnity insurance,
the insurer agrees to indemnify the victim for harm not caused by
the insurer, but by other parties.
Because of the difficulty in establishing causation, it is one area

of the law where the case law overlaps significantly with general
doctrines of analytic philosophy to do with causation. The two
subjects have long been somewhat intermingled.
ϱϱ
* 3.5 Establishing causation*
Where establishing causation is required to establish legal

liability, it is usually said that it involves a two-stage inquiry:
(i) The first stage involves establishing ‘factual’ causation. Did

the defendant act in the plaintiff’s loss? This must be
established before inquiring into legal causation;
(ii) The second stage involves establishing ‘legal’ causation. This

is often a question of public policy: is this the sort of
situation in which, despite the outcome of the factual
enquiry, we might nevertheless release the defendant from
liability, or impose liability?
* 3.6 Establishing factual causation*
The usual method of establishing factual causation is the ‘but-for

test’. This test inquires ‘But for the defendant’s act, would the
harm have occurred?’ for example – A shoots and wounds B. We
ask ‘But for A's act, would B have been wounded?’ The answer is
‘No.’ So we conclude that A caused the harm to B. The ‘but-for
test’ is a test of necessity. It asks was it ‘necessary’ for the
defendant’s act to have occurred for the harm to have occurred.
One weakness in the but-for test arises in situations where each

of several acts alone is sufficient to cause the harm. For example,
if both A and B fire what would alone be fatal shots at C at
approximately the same time, and C dies, it becomes impossible
to say that but-for A's shot, or but-for B's shot alone, C would
have died. Taking the but-for test literally in such a case would
seem to make neither A nor B responsible for C's death.
However, the courts have generally accepted the ‘but-for test’

notwithstanding these weaknesses, qualifying it by saying that
causation is to be understood “as the man in the street” would.
ϱϲ
[Yorkshire Dale Steamship Co v Minister
of War Transport [1942] AC 691 (HL), or
March v Stramare (1991) 171 CLR 506
(High Court of Australia)]
* 3.7 Establishing legal causation*
Notwithstanding the fact that causation may be established in

the above-mentioned examples, the law often intervenes and says
that it will nevertheless not hold the defendant liable because in
the circumstances the defendant is not to be understood, in a
legal sense, as having caused the loss.
In the United States, this is known as the doctrine of proximate

cause. The most important doctrine is that of novus actus
interveniens, which means a ‘new intervening act’, which may ‘cut
the chain of causation’.
* 3.8 Criminogenic factors*
The criminogenic factors can be mainly divided into two forms,

which are interrelated and sometimes overlap with one-another:
(i) Individual centric causes:
The oldest theory was based on diabolical possession and

instigation i.e. due to evil sprits people committed crime, so
punishment was either to exercise or to get rid of the criminal by
death or exile.
(ii) Society centric causes:
This approach seeks to explain the phenomenon of criminal

behaviour in the context of external factors, resulting from social
interaction.
ϱϳ
Criminogenic Factors
Individual centric Society centric

causes causes
Phrenology Social disorganisation
Atavism criminoid Mobility
Theory of differential
Somato types
association
Intelligence and mental
Anomie
deficiency
Heredity Labelling
Chromosomal abnormality Gang delinquency
Endocrine disorders Family
Sex Religion
Age Education
Alcoholism Mass media
Narcotic drugs Economic factors
Psychology Bonger’s theory
Political theories of crime
Epilepsy
causation
State vacuum theories
State dysfunction theories
State excess theories
Physical environment and
Ratio of police strength –
ecology
crime rate – demographical
correlations
Criminal justice system and
crime
* 3.9 Crime and Heredity*
ϱϴ
According to Mr. Lombroso, certain criminals inherit
criminality by birth, for examples - different clans or tribes or
gypsies commits tribal offences for generations, such as -
witchcraft, sexual indulgence, intoxication, petty quarrels etc. 24
Mr. Lombroso suggested that one-third of all criminals by nature

are ‘criminal type’ and two-third were insane criminals.
The English Mental Deficiency Act 1913 classified mentally

depraved (i.e. morally corrupt or wicked) criminals into four
categories:
(i) Idiots;
(ii) Imbeciles;
(iii) Feeble minded criminals; and
(iv) Morally insane criminals.
The test of mental insanity essentially rests on the knowledge as

to the distinction between right and wrong. However, this test
has been criticised on the ground that insanity does not affect
merely institutional (immediate insight) factors but affects the
personality of individual as a whole, including his desires and
emotions.
However, modern researchers believe that heredity influences

have little effect on criminality.
Mr Goring, Mr Healy, Mr Scheldon, Mr Glueck carried on studies

on heredity as a causation of crime and concluded that it is
difficult to establish any possible co-relation between heredity
and criminal behaviour, because it is practically impossible to
isolate heredity factor from other environmental factors.
Mr Lombroso’s theory has long been discarded25 but it leads to

analyse the emotional instability or irascible temperament or

24 Sen, P. K. : ‘Penology - Old and New’, 1943, p. 50.
25 Vold : ‘Theoretical Criminology’, p. 38.
ϱϵ
abnormal sexual drive or feeble mindness, which are partly
rooted qualities in the commission of crime.
According Mr Taft:
“Heredity in the causation of crime may be defined as a quality of

an individual genetic constitution that will make him, under a
given sequence of parental and postnatal situations, more liable to
commit acts defined as criminal by his group than is another
individual with different genetic constitution when subjected to
identical experiences”26
* 3.10 Crime and Mental Disorder*
‘Mental disorder’ or ‘Mental abnormality’ means that the ‘mind’ is

in a state of confusion or is suffering from some diseases.
Mr Goring found that ‘mental deficiency was a major cause in all-

criminal behaviour except in the case of fraud, which required
cleverness’.
Ms Mary Woodward examined all the studies of low-intelligence

crime and was convinced that law intelligence has no relation
with delinquency.
Mr Shulman has listed seven hypothesis the seek to explain the

relation between mental deficiency and crime:27
(i) The mental defective is a ‘born criminal’ or a ‘moral idiot’;
(ii) Feeble-mindedness is a Mendelian unit characters linked to

criminality;
(iii) The feeble-mindedness are prone to crimes of violence and

sex offenders, either they lack the intelligence to satisfy

26 Taft, Donald R. : ‘Criminology – A Cultural Interpretation’, p. 60.
27 Ponnain, M : ‘Criminology and Penology’, Pioneer Books, 2003, p. 46.
ϲϬ
their needs by more indirect means or because they cannot
control their impulses;
(iv) The feeble-minded are unable to grasp the social values of

their culture;
(v) The feeble-minded cannot foresee the consequences of their

behaviour;
(vi) The feeble-minded are easily lead into crime and cannot be
deterred by the threat of punishment; and
(vii) Feeble-mindedness in neighbourhoods, where delinquent

examples are common leads to delinquency.
* 3.11 Insanity and Crime *
‘Insanity’ means ‘the state of being seriously mentally ill’ or

‘madness’
According to M’Naghten Rule, mental illness such as - insanity is

recognised as a defence in a criminal trial. The case involved two
important issues before the court:
(i) Firstly, was that an insane person is incapable of distinguishing

between right and wrong?
(ii) Secondly, 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.
[R v M’Naghten (1843) 10 CL & F 200]
To avail the defence of insanity under criminal law, the accused

must be unable to know the physical nature and quality of his
act.
ϲϭ
Example - if Mr Karim kills Mr Sultan under the insane delusion
that he is breaking a jar or cut Mr Sultan’s throat under the
belief that he is cutting a loaf of bread.
Section 84 of the Penal Code 1860 states that ‘nothing is an

offence, which is done by a person who, at the time of doing it, by
reason of unsoundness of mind, is incapable of knowing the
nature of the act, or that he is doing what is either wrong or
contrary to law’.
Where the defence of insanity is claimed, the court should

consider the followings:
(i) Circumstances, which have preceded, attended and followed

the crime;
(ii) Whether there was deliberation and preparation for the act;
(iii) Whether it was done in a manner, which showed a desire to

concealment of consciousness of guilt;
(iv) Whether the accused made any efforts to avoid detention;

and
(v) Whether after arrest he offered false excuses or made false

statement etc.
[State v Chotelal (1959) AIR SC 15]
A criminal could claim the defence of insanity if it’s

clearly proved that:
(i) At the time of committing the act/crime, he was suffering

from mental illness;
(ii) He did not know the nature and quality of the act he was
doing;
ϲϮ
(iii) Even if he knew, did not know what he was doing was
wrong.
[R v M’Naghten (1843)] or
[Durham v United States (1954)]
* 3.12 Crime and Bio-physical Factors *
Both biological and physical abnormalities are generally

responsible criminal behaviour, therefore, biological differences in
human personality also account for criminality in human beings.
Dr Caldwell underlined three basic propositions:28
(i) The exterior of the skull conforms to the interior, and to the
shape of the brain;
(ii) The mind consists of faculties; and
(iii) These faculties are related to the brain and skull.
Hormonal imbalance of a person affect human behaviour, for

examples-youngsters between 18 to 30 years, easily commits
theft, sex offences, gambling, vandalism, drunkenness, breach of
traffic rules etc.
Person over 40 years of age is more likely to commit offences such

as – fraud, white-collar crime, cheating, embezzlement etc.
* 3.13 Crime and Psychology *
‘Psychology’ means - the scientific study of the human mind and

its functions, especially those affecting behaviour in a given
context.

28 Caldwell : ‘Elements of Phrenology’, 1824.
ϲϯ
Psychology presents a number of perspectives on the causes of
crime. Of particular importance are theories exploring the
relationship between crime and individual personality, social
factors, cognition and developmental factors. These psychological
theories have different degrees of focus on individual, family,
group and societal psychology.
Psychological literature shows that a key variable identified in

the development of individual characteristics, and any criminal
propensities, is the role played by parents, in terms of factors,
such as - child-rearing practices, attachment, neglect, abuse,
supervision, and the parents own anti-social or criminal
behaviour.
A criminal will learn criminality when he comes to the contact

with different persons, for example - a child will start stealing if
he sees his father to do the same.
Therefore, the central hypothesis is that each criminal does not

invent crime separately but like other forms of behaviour, it is
learnt from direct contact with other criminals.
Mental deviations can be divided into four types: 29
(i) Psychoses: Schizophrenia is the most frequent psychoses,

which represents the extreme of the shut-in type of
personality. Its delusions, sudden impulses, hallucinations
etc. at times may lead to criminal behaviour.
(ii) Neuroses: It is associated with frustrations of basic desires,

which makes the individual to stumble into crime.
(iii) Psychopathic states: The psychopaths are unbalanced,

unsocial, egocentrics, whose abnormality manifests itself
through conduct rather than through other mental
symptoms.

29 Taft, Donald R. : ‘Criminology – A Cultural Interpretation’, p. 84.
ϲϰ
(iv) Epileptic: It is subject to sudden convulsions during which
there is a complete loss of consciousness, which is known as
grandmal. Before and after these attacks, they are liable to
be much impulsive behaviour and violent crime.
Other factors, such as - poverty, birth complications, anti-social

parents, poor parenting, aggression, academic failure etc. also
affect human psychology to commit crime.
* 3.14 Crime and Gender (Female) *
Females commit around 10% crimes.

A female commits crime due to the following reasons:
(a) Female are less intelligent and less capable of abstract
reasoning.
(b) They are more vulnerable to be affected by psychological

disturbance;
(c) They are unnaturally masculine;
(d) Social or biological factors play greater rule to influence

criminal behaviour;
(e) They are moving out of traditional homebound social rules

and accessing to outside world;
(f) They have taken on males rule, therefore, becoming more

aggressive;
(g) Liberalisation of women’s causes to increase female

criminality;
(h) Criminal justice system treats women lightly in matters of

punishment;
ϲϱ
(i) Demand of dowry by the in-laws, husband and relatives;
(j) Extra-marital relationship etc.
[Akula Ravinder And Others vs The State

Of Andhra Pradesh AIR 1991 SC 1142, II
(1991) DMC 53 SC, 1991 Supp (2) SCC
99]
According to Ms K. S. Williams, ‘there is a general assumption

about female criminality that women are less likely to be
suspected of crime, when suspected they are less likely to be
charged and prosecuted and finally if prosecuted, they are less
likely to be convicted’.30
The following preventive, counselling and guidance

programmes could be followed to reduce female
criminality:
(i) Family life institute, school counselling services, vocational

guidance bureau;
(ii) Educational programmes to the public, especially the youth-

sex education;
(iii) Economic work programmes training-cum-production-sale

programmes;
(iv) Sex-disease clinics;
(v) Marriages, counselling programme.

30 Williams, K. S. : ‘Text Book on Criminology’, 2001, pp. 490-91.
ϲϲ
* 3.15 Case References*
[R v M’Naghten (1843) –Daniel M'Naghten attempted to kill the

Prime Minister, Sir Robert Peel, but instead shot and killed
Edward Drummond, the Prime Minister's Secretary. M'Naghten
was suffering from insane delusions at the time of the killing. The
House of Lords formulated the M'Naghten rules, which apply in
determining whether a person should escape criminal liability on
the grounds of being insane.
Lord Tindal CJ:
"In all cases of this kind the jurors ought to be told that every man
is presumed to be sane, and to possess a sufficient degree of reason
to be responsible for his crimes, until the contrary be proved to
their satisfaction: and that to establish a defence on the ground of
insanity, it must be clearly proved that at the time of committing
the act the party accused was labouring under such a defect of
reason, from disease of the mind, as not to know the nature and
quality of the act he was doing, or as not to know that what he was
doing was wrong."]
Case References
[Durham v United States (1954) – Durham has a long history

of imprisonment and hospitalization. In 1945, at the age of 17, he
was discharged from the Navy after a psychiatric examination
had shown that he suffered "from a profound personality disorder
which renders him unfit for Naval service." In 1947 he pleaded
guilty to violating the National Motor Theft Act and was placed
on probation for one to three years. He attempted suicide, was
taken to Gallinger Hospital for observation, and was transferred
to St. Elizabeths Hospital, from which he was discharged after
two months. In January of 1948, as a result of a conviction in the
District of Columbia Municipal Court for passing bad checks, the
District Court revoked his probation and he commenced service of
his Motor Theft sentence. His conduct within the first few days in
jail led to a lunacy inquiry in the Municipal Court where a jury
ϲϳ
found him to be of unsound mind. Upon commitment to St.
Elizabeths, he was diagnosed as suffering from "psychosis with
psychopathic personality." After 15 months of treatment, he was
discharged in July 1949 as "recovered" and was returned to jail to
serve the balance of his sentence. In June 1950 he was
conditionally released. He violated the conditions by leaving the
District. When he learned of a warrant for his arrest as a parole
violator, he fled to the "South and Midwest obtaining money by
passing a number of bad checks." After he was found and
returned to the District, the Parole Board referred him to the
District Court for a lunacy inquisition, wherein a jury again
found him to be of unsound mind. He was readmitted to St.
Elizabeths in February 1951. This time the diagnosis was
"without mental disorder, psychopathic personality." He was
discharged for the third time in May 1951. The house-breaking
which is the subject of the present appeal took place two months
later, on July 13, 1951.
According to his mother and the psychiatrist who examined him

in September 1951, he suffered from hallucinations immediately
after his May 1951 discharge from St. Elizabeths. Following the
present indictment, in October 1951, he was adjudged of unsound
mind in proceedings under § 4244 of Title 18 U.S.C., upon the
affidavits of two psychiatrists that he suffered from "psychosis
with psychopathic personality." He was committed to St.
Elizabeths for the fourth time and given subshock insulin
therapy. This commitment lasted 16 months until February 1953
when he was released to the custody of the District Jail on the
certificate of Dr. Silk, Acting Superintendent of St. Elizabeths,
that he was "mentally competent to stand trial and was able to
consult with counsel to properly assist in his own defense." He
was thereupon brought before the court on the charge involved
here.
According to the Durham Rule, a criminal defendant cannot be

convicted of a crime if the act was the result of a mental disease
or defect at the time of the incident. It has often been referred to
as the "product defect" rule, but does not require a medical
ϲϴ
diagnosis of mental illness or disorder. Federal courts and all but
one state court rejected it for being too broad. For example, drug
addicts were able to use the defense to successfully avoid
conviction for crimes related to their addiction.]
Case Reference
[Akula Ravinder And Others vs The State Of Andhra

Pradesh AIR 1991 SC 1142, II (1991) DMC 53 SC, 1991 Supp (2)
SCC 99]
Fact:
It is a case of dowry death. The marriage took place in the month
of April, 1984. At the time of the marriage a demand was made
out for a dowry of Rs. 10,000/-. But the parents of the deceased
PW-1 paid Rupees 8,000/- and promised to pay the balance
amount some time after marriage. But they could not pay. The
accused harassed the deceased for the payment of the balance
amount. A-l was working in Army and used to come now and then
and used to demand the balance of the dowry from the parents of
the deceased and he also used to join with the other two accused
in harassing the deceased. The deceased died in the month of
April, 1987 i.e. within seven years from the date of marriage. The
dead body showed some external injuries. The parents were
informed. The report was lodged. The case was registered. The
dead body was sent for post-mortem. The doctor PW-8 who
conducted the postmortem opined that death was homicidal in
nature and was not a suicidal. The viscera was not sent for
examination since the doctor did not suspect that the death was
due to poisoning. The prosecution examined PWs. 1, 2, 4 and 7 to
prove about the demand of the dowry made out to the deceased.
The trial court, however, did not accept the prosecution case that
the death was due to asphyxia because it appeared from the
investigation that the deceased survived for about 15 minutes
even after death as per PW 3 who is the first doctor who
examined and gave the first aid to the deceased. However, both
ϲϵ
the courts below held that alternatively the offence. Under
Section 304B is made out.
There are three appellants. First appellant is the husband of the

deceased wife. The second appellant is his father and third
appellant is his mother. All the three were tried for offence
punishable Under Sections 498A I.P.C., 302 I.P.C. and 201 I.P.C.
The trial court convicted all the three Under Section 498A and
sentenced each of them to undergo two years' imprisonment. They
were also convicted Under Sections 304B and 498A, I.P.C. First
appellant was sentenced to 10 years and other two for seven
years. They were acquitted of the charge of the offence under
Section 201, I.P.C. In the appeal the learned single Judge of the
High Court confirmed the conviction but reduced the sentence of
A-1 to seven years rigorous imprisonment. Aggrieved by the said
judgment this appeal, pursuant to the special leave granted by
this Court, is before us. The learned Counsel for the appellants
submits that the cause of death is not established and therefore
all the ingredients of Section 304B, I.P.C. are not made out.
Held:
So far as offence Under Section 498A is concerned the evidence of
P.Ws. 1, 2, 4 and 7 would show beyond a reasonable doubt that
the three appellants were harassing the deceased and making the
demand for dowry. The evidence would show that the deceased
was subjected to cruelty within the meaning of Section 498A,
I.P.C. For the aforesaid reasons the conviction of the appellants
under Section 304B, I.P.C. sentence of 7 years' imprisonment
awarded against each of them are set aside. Conviction under
Section 498A, I.P.C. and the sentence of 2 years are maintained
with default clause.
The appeal was partly allowed.
ϳϬ
Case reference
[Stree Atyachar Virodhi Parishad vs Dilip Nathumal

Chordia & Another 1989 SCR (1) 560, 1989 SCC (1) 715]
ACT:
Criminal Procedure Code, 1973: ss. 227 & 22.8: Sessions Judge
framing charge and making order in support thereof—High
Court whether has jurisdiction to interfere--Law must be
allowed to take its own course unless glaring injustice found.
Indian Penal Code, 1860: ss. 304B & 498A—Dowry offence-All

round attempt to cover up by family members than to expose it-
Necessity .for investigating agency to penetrate every dark corner
and collect all evidence—Courts to display greater sensibility to
criminality and avoid soft justice.
FACT:
The deceased was seen in flames on the first floor of her in-laws
house crying for help within five days of her marriage with the
younger brother of the respondent. While neighbours rushed to
her rescue and extinguished the flames, the inmates of the house
did not render any such help.
The respondent who was on the first floor was seen coming down
the stairs. The deceased succumbed to the burn injuries in the
hospital on the same day. In her dying declaration recorded by
the Executive Magistrate, she stated that when she was
preparing tea in the kitchen her saree caught fire accidently.
The parents of the deceased suspected foul play by her in-laws
and lodged a report with the police. An investigation of the case
revealed that the deceased had met hostile atmosphere soon after
her marriage. The parents gave statements that the in-laws
demanded unreasonable dowry, which could not be complied with
and that at the wedding ceremony they had behaved badly on the
payment of insufficient dowry.
ϳϭ
Her brother who had gone to bring her back home was not
permitted to meet her. The maidservant sent along with her was
also sent back.
The respondent and his father were charge sheeted under s. 306
read with s. 34 I.P.C. The trial court came to a prima facie
conclusion that it was not a suicide but homicidal death.
Accordingly, a charge under s. 302 I.P.C. was framed against the
respondent. The respondent's father was, however, discharged.
The High Court dismissed the revision petition of the State

against the respondent's father. Wile accepting the respondent's
revision it took the view that the fact that the accused was
passive was of no consequence that it all depends upon the
mental response and reaction of an individual whether he faces
the risk and attempts to extinguish the flames or quietly watches
the incident, that it does not show that the accused actively
committed the act of burning or actively added the commission of
suicide, and held that the charge under s. 302 against him was
not made out, and there was not even a case against him to
frame charge under
s. 306 I.P.C.
The appellant, a social welfare organisation and the State

preferred appeals to the Supreme Court.
On the question: Whether the High Court was justified in

interfering with the charge framed by the trial court against the
respondent, and whether it was necessary to put his father also
on trial with the material on record.
Partly allowing the criminal appeals.
HELD:
1. The High Court was not justified in interfering with the
charge framed by the trial court against the respondent
accused.
2. The trial court had considered every material on recording
support of the charge framed. It had also given reasons why
ϳϮ
a charge under s. 302 I.P.C. was warranted against the
respondent even though the police had charge-sheeted him
under s. 306 I.P.C. Section 227 Cr.P.C. which confers power
to discharge an accused was designed to prevent harassment
to an innocent person by the arduous trial or the ordeal of
prosecution. The power has been entrusted to the Sessions
Judge who brings to hear his knowledge and experience in
criminal trials. If he after hearing the parties frames a
charge and also makes an order in support thereof, the law
must be allowed to take its own course.
State of Bihar v. Ramesh Singh, [1978] 1 SCR 257 and

Union of India v. Prafulla Kumar Samal & Anr., [1979] 2 SCR
229 at 234-35, referred to.
3. Self restraint on the part of the High Court should he the rule
unless there is glaring injustice staring the Court in the face.
In the instant case, it had discharged the respondent mainly
relying on the dying declaration as if it has been conclusively
proved to be the true and faithful version of the deceased.
It did not advert to the report of the Chemical Analyser in
which he found kerosene residue on each and every garment
of the deceased, and the post-mortem report which indicated
that besides burn injuries the deceased had sustained
contusions on the back shoulders which might have been
caused with a blunt round object. The events that preceded
the death of the deceased also did not receive any
consideration. The statements of brother, father and the maid
servant of the deceased have been ignored. The respondent
was seen coming down from the staircase when the deceased
was crying for help. The manner, in which he went on at that
time, if true, did not bring him credit. The approach made by
the High Court, therefore, cannot be accepted. [569C; 566H;
567A-C]
4. Although it was the moral obligation of respondent's father as

manager of the family to protect the deceased and safeguard
her life and he had failed to perform that obligation, that by
itself without anything more is not sufficient to frame a
ϳϯ
charge against him. The discretion exercised by the trial court
in discharging him was, therefore, correct. [569E]
ϳϰ
ϳϱ
Chapter-4
BIOLOGICAL THEORY
AND
CRIME
ϳϲ
Chapter-4
4.1 Biological Explanation of Crime

4.2 Physiognomy
4.3 Phrenology
4.4 Criminal Anthropology
4.5 Body Type Theory
4.6 Family Tree Studies
4.7 Twins Study
4.8 Adoption and Criminality
4.9 The XYY Chromosome and Criminality
4.10 Hormone and Criminality
4.11 Diet, Vitamin, Minerals and Criminality
4.12 Alcohol, Drugs etc. and Criminality
ϳϳ
* 4.1 Biological Explanation of Crime *
According to biological theories, criminals are physically or

structurally different from ordinary persons.
Biological theories about the causes of crime focus on the idea

that the physical body, through inherited genes, evolutionary
factors, brain structures, or the role of hormones, has an
influence on an individual’s involvement in criminal behaviour.
Growing understanding of these mechanisms suggests that

certain biological factors, such as - particular genes, neurological
deficits, low serotonin activity, malnutrition and environmental
pollutants may all affect a person’s biological propensity for
criminal or antisocial behaviour.
The challenge for biological theories of crime is to adequately

represent the complex interplay between inherited characteristics
and environment.
There are three biological theories:

(a) Physiognomy;
(b) Phrenology;
(c) Criminal anthropology.
* 4.2 Physiognomy *
According to physiognomy theory, a person’s character could be

judged from his facial features or expression.
A person’s facial features includes - beard, eye, chin, nose, ear

and other parts of the fare.
ϳϴ
* 4.3 Phrenology *
In early 1800’s, Dr Gall founded the phrenology theory, which

was based on the idea that character and behaviour determined
by the balance among 35 faculties or propensities located in the
brain.
According to Mr Barnes and Mr Teeters,
‘Crime was a disease as well as a sin’. They favoured more

humanitarian treatment of criminals and opposed retributive
justice.31
Phrenology is the detailed study of the shape and size of the

cranium (skull) as a supported indication of character and mental
abilities.
Our human brain is divided into 35 separate organs and each

part is said to be associated with different faculties or functions of
the mind.
The faculties are categorised into three:-

(a) Intellectual faculties;
(b) Moral sentiments;
(c) Lower or active propensities.
Due to lower active propensities, people commit different crimes,

such as - assault, rape, theft, extortion, robbery, treason, fraud
etc.

31 Barnes, H. E. and Teeters, N. K. : ‘New Horizons in Criminology’, p. 119.
ϳϵ
* 4.4 Criminal Anthropology *
Mr Lombroso introduced the atavism theory, which claimed that

there was a relationship between criminality and physical traits.
The above theory was also supported by Mr Hooten, who

concluded that biologically inferior people were criminals.
A German Psychiatrist classified the physical characteristics into

three types, which shows different behaviour:
(a) Pyknic type: large trunks with short legs;
(b) Athletic type: well proportioned body;
(c) Leptosome or asthentic type: long body and little weight.
Criminal anthropology means the study of criminality related to

humankind.
According to Mr. Lombroso, criminals have a higher percentage

of physical and mental anomalies than non-criminals. Mr.
Lombroso divided criminals into four basic types:
(a) Born criminal;

(b) Insane criminal;
(c) Criminal by passion;
(d) Occasional criminal.
According to Mr. Lombroso, criminals has the following

physical features:
(a) Unusual size of ear;

(b) Defective eyes;
(c) Scant beard;
(d) Twisted nose;
(e) Abnormal head etc.
ϴϬ
According to Mr. Ferri, three different factors influence
criminality:
(a) Physical or geographical;

(b) Social;
(c) Anthropological;
Mr. Ferri outlined six types of criminal:32
(a) Born criminal;

(b) Passional;
(c) Insane;
(d) Occasional;
(e) Involuntary;
(f) Habitual.
According to Mr. Garofalo, a crime is a natural act of a

criminal. Mr. Garofalo divided criminals into four:
(a) Murderers
(b) Violent criminals
(c) Lascivious (lustful) criminals
(d) Criminals deficient in probity
According to Mr. Goring, criminals are born with criminal traits,

i.e. a distinguishing quality or characteristics.
* 4.5 Body Type Theory *
Mr Sheldon and Eleanor also concluded that physical

appearance also plays a vital role in the matter of interpersonal
relationship in politics, work environment, social functions etc.
According to ‘body type theory’, criminal behaviour of a person is

determined by his body structure.

32 Ferri, E. : ‘Criminal Sociology’, New York, Appleton, 1896, p. 53.
ϴϭ
According to Mr Sheldon, three basic somato types are
identifiable in humans, which are:
(a) Endomorphic- A person with a soft round body build and a

high proportion of fat tissue.
(b) Mesomorphic- A person with a compact and muscular body

build.
(c) Ectomorphic- A person with a thin and tall body build.
The mesomorphic people are most likely to be a criminal.
* 4.6 Family Tree Studies *
Family tree means - a diagram showing the relationship between

people in several generation of a family. Family tree studies
shows that criminal behaviour could easily be learned or adopted
from the families.
According to Osborn west study, 40% of sons became criminal

from criminal families, in contrast, 13% of sons became criminal
from non-criminal families.33
* 4.7 Twins Study *
Recent studies have found general evidence for a connection

between biology and criminality for both twins.
There are two types of twin:
(a) Identical or monozygotic;

(b) Fraternal or dizygotic.

Paranjape, N. V. : ‘Criminology and Penology’, 14th Ed. , Central Law
33
Publications.
ϴϮ
Twins are more likely to exhibit similar tendencies toward
criminality if they are identical (monozygotic) than if they are
fraternal (dizygotic).
Identical twins share 100% of gens and fraternal twins share 50%
of genes.34
Genetically, identical twins become more criminal than

fraternal/non-identical twins.
The fact that identical twins are more similar genetically than
fraternal twins suggests the existence of genetic influences on
criminal behaviour.
* 4.8 Adoption and Criminality *
Recent studies have found general evidence for a connection

between biology and criminality for both adoptees.
Studies of adopted children have shown that the likelihood of

criminality generally corresponds with that of their biological
parents.
The rate of criminality is higher among adopted children with one

biological parent who is a criminal than it is among children who
have one adoptive parent who is a criminal but whose biological
parents are not criminals. The highest rates of criminality are
found among children whose biological and adoptive parents are
criminals.
An adopted child inherits criminal behaviour from both biological

and adoptive parents.

34 Kader, M. : ‘Criminology’, 2nd edition, 2010.
ϴϯ
According to the findings by Mr Medmick, Mr Gabricalli and
Mr Hutchings, criminality of adopted children are as follows:
Criminal Records
Parents
(%)
(a) Biological + Non-criminal
> 20
adoptive parents
(b) Biological + adoptive
> 25
parentsboth criminal
(c) Biological + adoptive
> 14
parentsboth are not criminals
(d) Criminal biological parents+
> 15
non-criminal adoptiveparents
* 4.9 The XYY Chromosome and Criminality *
During the 1960s, significant debate arose over the possible

association between criminal tendencies and chromosomal
abnormalities—in particular, the idea that males with the XYY-
trisomy (characterized by the presence of an extra Y chromosome)
may be more prone to criminal behaviour than the general
population.35
Men who have an extra Y chromosome led to aggressive

behaviour.
Approximately 1 in 1000 newborn males in the general

population has an extra Y chromosome, so its significance is
negligible.
* 4.10 Hormone and Criminality *
Biochemical research in the 1980s and ’90s attempted to identify

specific factors associated with an increased risk of engaging in
criminal behaviour. For example, certain neurotransmitter
imbalances in the brain (e.g., low levels of serotonin), hormonal

35 Reid, S. T. : ‘Crime and Criminology’, the Dryden press, Hinddale, Illinois, p.
138.
ϴϰ
imbalances (e.g., higher levels of testosterone), and slower
reactions of the autonomic nervous system appear to be
associated with increased criminality.
These factors do not absolutely determine whether a person will

commit a crime; indeed, most people with these factors do not
commit crimes. Instead, the presence of these factors merely
increases the chance that the person will engage in criminal
behaviour.
Hormonal imbalance strongly influences criminal behaviour.
Testosterone hormone, which is produced by male sexual organ, is

the cause of aggressive criminal behaviour.
Excessive cortisol hormone produced by adrenal glands located

next to the kidneys, leads to aggressive criminal behaviour.
During pregnancy & birth, excessive androgen in the mother’s

body leads to aggressive criminal behaviour.
Cyclical hormone changes on women also increase criminal

behaviour or hostility.
Various biological factors may be influenced by environmental

conditions; however, the direction of causation is unclear.
* 4.11 Diet, Vitamin, Minerals and Criminality *
There is relationship between the food (what we eat) and

behaviour (how we eat).
Lack of dieting leads to depression, aggression and other criminal

behaviour.
Vitamins, such as B3, B6 has negative effect on behaviour, for

examples - frustration, daydreaming etc.
Minerals, such as - Cobalt (vitamin b12) and vitamin B, also

causes violent behaviour.
ϴϱ
* 4.12 Alcohol, Drugs etc. and Criminality*
Researchers have identified other biological factors associated

with increased violence and aggressiveness, including
alcoholintoxication, the use of some drugs (e.g., crack cocaine but
not marijuana), diet, and the ingestion of toxic substances.
Drinking alcohol has tended to increase criminality temporarily,

and the long-term effects of ingesting lead (such as is found in
lead-based paint) have generally been associated with long-term
increases in criminality. Further, certain types of head injuries
and complications during pregnancy or birth are correlated with
long-term increases in the tendency of the child to commit crime.
The direction of causation in the above cases is clearer than with

serotonin and testosterone but not entirely certain. For example,
it could be the case that some other non-biological intervening
factor (e.g., poverty) causes the increased tendency to commit
crime and also causes the increased tendency to experience
complications during pregnancy and birth, to ingest lead and
other toxins, and to abuse alcohol.
Different studies have been carried on the apprehended offenders

to establish a relationship between consumption of alcohol/drug
and crime. However, pharmacologically how alcoholism/drug is
connected with crime, criminal behaviour or deviance is not
established.
There are two questions, which are quite difficult to

answer:
(i) Whether the man who is under the influence of alcohol/drug
will violate the laws, which he would not have violated if he
were not under the influence of liquor/drug, or if he does
violate the law under such circumstances, he may not be
acting under the influence of differential association; and
(ii) Whether alcoholism/drug is a form of psychopathy?
ϴϲ
ϴϳ
Chapter-5
PSYCHOLOGICAL
THEORY
AND
CRIME
ϴϴ
Chapter-5
5.1 Psychological Crime

5.2 Freud’s Psychoanalytical Theory
a) The ‘id’
b) The ‘ego’
c) The ‘super ego’
5.3 Oedipus Complex
5.4 Criticism of Psycho-Analytical/Freud’s theory
5.5 Psychological Defences
5.6 Theory of Learning
5.7 Theory of Cognitive Development
5.8 Anti-socialPersonality Disorder
5.9 Sex
ϴϵ
* 5.1. Psychological Crime*
Psychologists approach the task of explaining delinquent and

criminal behaviour by focusing on an individual’s personality. In
particular, they examine the processes by which behaviour and
restraints on behaviour are learned. These processes often are
conceived as being the result of the interaction of biological
predispositions and social experiences.
Criminal psychology means the study of the wills, thoughts,

intentions and reactions of criminals, i.e. ‘what makes someone
commit a crime’.
Criminal psychology could be classified into three categories:
(a) Behavioural
(b) Cognitive BCS
(c) Social ** Short technique for memorisation
Different social factors affect on internal mental system, which

ultimately discourage or enforce our criminal behaviours.
A person’s criminal behaviour depends on the activities of and

interactions among organisms in the social world.
Criminal cognitive theory is the study of the human mind and its
processes.
* 5.2 Freud’s Psychoanalytical Theory *
Mr. Sigmond Freud at first laid out the ‘psychoanalytical theory’

in the late 19th century. Psychoanalytical theory refers to human
personality and its development.
Mr. Freud determined that our human personality consists of

three different elements:36

36 Sigmond, Freud : ‘A General Introduction to Psycho-Analysis, 1935, New York,
p. 232.
ϵϬ
(a) The ‘id’;
(b) The ‘ego’; and
(c) The ‘super ego’
Mr Freud argued that human nature includes a great reservoir of

instinctual drives (the “id”) that demand gratification. These
drives are restrained by moral and ethical codes (the “superego”)
that children internalize as a result of their great love for and
attachment to their parents. Adults develop a rational part of
their personality (the “ego”) that mediates between the drives of
the id and the restraints of the superego.
Because the ‘id’ is a relatively constant drive, criminality is

assumed to result from the failure of the superego, a consequence
of its incomplete development. However, the empirical evidence
for this theory is thin.
a) The ‘id’:
The ‘id’ is driven by internal organisms and basic human needs.

The ‘id’ is based on the pleasure principle, i.e. our human instinct
seeks pleasure and tries to avoid pain in order to satisfy our
biological and psychological needs.
b) The ‘ego’:
The ‘ego’ is based on the ‘reality principle’; i.e. it seeks to please

the id’s drive in realistically so that he could get a benefit from it
in future. The ‘ego’ is based on reasons, common sense, judgment,
tolerance, reality testing, control, planning, defence etc. An
example - rather than stealing or grabbling someone’s property
(pen/watch), ego will require buying them.
c) The ‘super ego’:
The ‘super ego’ works as an opposite of ‘id’. It influences a person

to act in a socially appropriate manner.
The ‘super ego’ controls our sense of right, wrong and guilt.
ϵϭ
The ‘super ego’ aims for perfection of human personality. It
criticizes and prohibits our fantasies, drives, feelings, actions and
punish misbehaviour with feelings of guilt.
The ‘super ego’ has two main parts – conscience and ego ideal.
The ‘super ego’ keeps balance between the ‘id’ and ‘ego’
* 5.3 Oedipus Complex *
The ‘oedipus complex’ means the emotions and ideas of the

unconscious mind of a child to sexual desire, i.e. males attracted
to their mothers, whereas females are attracted to their fathers.
According to Mr. Freud a person’s psychosexual

development happens in five stages:
Stages Ages Focus of pleasure

(a) Oral 0-18 months Mouth - when a child sucks
his/her mother’s breast for
milk.
(b) Anal 18 months - 3 Anus - the child’s ability to
years control their anal sphincter
to give or withhold gifts at
will.
(c) Phallic 3-6 years Generation - children learn
the physical
differences between boy and
girl.
(d) Latent 7-15 years This is the learned stage
(schooling period) of a
person
(e) Genital 15 years to A person’s focus is on the
adulthood pleasure in sexual
intercourse.
* 5.4 Criticism of Psycho-Analytical/Freud’s

Theory *
ϵϮ
Criticisms are as follows:
(a) It lacks evidence of the impact of the environment;

(b) It lacks consideration of culture;
(c) It is based on is inadequate data and too focused on pathology.
* 5.5 Psychological Defense *
In a criminal trial, an ‘insanity defense’ (M’ Naghten rule) could

claimed by the defendant:
(a) If he suffered from direct mental illness or diseases; or
(b) If he suffered from a ‘disease of mind’, i.e. failed to distinguish

between the right and wrong;
The additional question is - was the defendant in control of his

behavior at the time of the offence?
* 5.6 Theory of Learning *
Psychological theories of crime were based on behaviour theory,

such as that of the American psychologist Mr. B. F. Skinner, who
viewed all human behaviour - criminal and otherwise - as learned
and thus manipulable by the use of reinforcement and
punishment.
The social learning theory of Mr. Ronald Akers expanded

behaviour theory to encompass ways in which behaviour is
learned from contacts within the family and other intimate
groups, from social contacts outside the family (particularly from
peer groups), and from exposure to models of behaviour in the
media, particularly television.
This theory is based on behavioral psychology, and develop
through various learning experiences is different stages in our
human life.
ϵϯ
Three factors - family, environment, and mass media mainly
influence our behavior and people learn how to act violently.
* 5.7 Theory of Cognitive Development *
Cognitive Development theory means - ‘a person’s criminal

behavior result from the way he organizes his thoughts about
morality and the law’
According to Mr. Kohlberg moral reasoning is based on three

levels:
Level Age
Obedience &
(a) Pre-conventional Middle of childhood
avoiding punishment
End of middle Expectation of
(b) Conventional
childhood family members
(c) Post-conventional Early adulthood Social environment
* 5.8 Antisocialpersonality disorder*
Antisocial personality disorder is thought to be strongly

associated with criminality. However, because the criteria for
diagnosing the disorder emphasize committing crimes and
engaging in crime like behaviour, it is unclear whether the
disorder is a cause of crime or simply a label that psychiatrists
use to describe people who happen to be criminals.
In the 1990s, psychological research was focused on early

childhood experiences that tended to lead to criminality in later
life, including poor parental child-rearing techniques, such as
harsh or inconsistent discipline.
Research also isolated impulsivity - the tendency to engage in

high levels of activity, to be easily distracted, to act without
thinking, and to seek immediate gratification - as a personality
characteristic associated with criminality.
ϵϰ
* 5.9 Sex*
Sex is of great significance in differentiating criminals, from non-

criminals than any other trait. There are dangerous, mentally
abnormal sex offenders, sexual psychopaths, sex deviants, sex
fiends, under sexed or hypergonandal type or over sexed.
The disapproved sex behaviour is due to the perpetration of crime

like homicide with sexual motive, rape, prostitution,
homosexuality, bestiality and habitual sex offenders.
Commercialization of sex, breeds various types of crimes under

the banner of sex crimes, drug trafficking and terroristic
activities.
Mr Taft has summarized the causes of sex delinquency as

follows:
(1) The general psychological urge and its repression;
(2) Alleged individual differences in the strength of the sex

impulse and in other personality traits;
(3) Economic factors, fear for starvation, poverty, jealousy of

other companies, lack of economic support etc.;
(4) Broken homes, troublesome homes, lack of moral values

etc.;
(5) Neighbourhood situation;
(6) Degree of sex stimulation-dress habits, books, movies, TV,

media, sex conversation etc.;
(7) Inferiority complex and loss of social status;
ϵϱ
(8) Influence of group patterns and new morality, lack of moral
codes;
(9) Compulsion-organized crime victims, kidnapped victims,

fallen as a prey in the bad company, exploitation etc.;
(10) Influence of contraceptives, preventive techniques and

treatment for venereal disease.
ϵϲ
ϵϳ
Chapter-6
SOCIOLOGICAL THEORY
AND CRIME
ϵϴ
Chapter-6
6.1 Sociological Theory of Criminal Behavior

**Criticism
6.2 Differential Association Theory
** Criticism
6.3 Sociological Factors and Crime Causation
Mobility
Cultural conflicts
Family background
Political Ideology
Religion
Economic conditions
Ecology of crime
Mass Media
Urban and Rural Areas
Neighborhood
ϵϵ
* 6.1 Sociological Theory of Criminal Behavior*
The largest number of criminological theories has been developed

through sociological inquiry. These theories have generally
asserted that criminal behaviour is a normal response of
biologically and psychologically normal individuals to particular
kinds of social circumstances. For example - theory of differential
association.
Sociology encompasses a very wide range of theoretical

perspectives, but generally regards crime as a social phenomenon,
and emphasises the cultural and social elements of criminal
behaviour.
Some sociological theories emphasise the relationship between

social structures, such as - language, ethnicity and class, and
criminal behaviour. Other theories emphasise the effect of social
conditions on an individual’s propensity to become involved in
crime. Theories of this type often focus on the relationship
between crime and factors such as social inequality; the influence
of peers; social disorganisation in a community; the consequences
for an individual of being unable to achieve social success; and
the role of criminal sub- cultures, including gangs.
There are various social factors, such as poverty, low level of

education, and culture conflicts etc. influence criminal behavior of
a person.
According to Prof. Sutherland, there are two major explanation

for criminal behavior:37
(a) Historic/generic: The processes operating in the earlier life-

history of the criminal;
(b) Dynamic: The processes operating at the time of the

occurrence of crime.
** Criticism:

37 Sutherland and Cressey : ‘The Principles of Criminology’, 6th ed.
ϭϬϬ
Sociological theories are often criticised for not being able to
provide strong evidence for the causal relationships they posit.
Nevertheless, they are important because they complement the
more individually- focused biological and psychological theories.
* 6.2 Differential Association Theory *
A person learns crime by association with others in the society

and in 1939, Mr Sutherland propounded the theory of differential
association, which is considered as the first ‘pure sociological
theory’.
The theory of differential association, which claims that all

criminal behaviour is learned and that the learning process is
influenced by the extent of the individual’s contact with persons
who commit crimes. The more an individual associates with such
persons, the more likely it becomes that he will learn and adopt
criminal values and behaviours.
Interacting with antisocial people is a major cause of crime.
When a person associates with the criminal in the society, he

learns the techniques for committing the crimes, and also
justification for their committal.
** Criticism:
The theory has been criticized by many scholars, mainly by Mr
Reed Adamsas follows:
(i) It is difficult to reduce differential association to empirical

research for validation purposes;
(ii) There are some misinterpretations on the part of some

writers with respect to differential association;
(iii) The theory does not explain why the association exist;
(iv) The theory fails to account for all types of crimes;
ϭϬϭ
(v) The theory fails to consider personality and difference
between people in receptivity; and
(vi) It does not specify the ration of behavioral patterns that

determine criminality with sufficient accuracy precision.
* 6.3 Sociological Factors and Crime Causation*
Following sociological factors influence a person’s criminal

behavior:38
Mobility:
The rapid growth of industrialization, communication, travel

facilities has made it easy for people to move from one place to
another freely.
When people move to a new place, others don’t know them, so it

offers them an opportunity to commit crime.
Mobility, therefore, serves as a potential cause of social

disorganization, which may result in deviant behaviour due to
lack of family control.
Cultural conflicts:
The concept of a criminal subculture - an alternative set of moral

values and expectations to which people can turn if they cannot
find acceptable routes to the objectives held out for them by the
broader society - represents an integration of the differential-
association and anomie theories.
In 20th century, Mr Shah & Mr Mckay explained cultural conflict

through their ‘Cultural Transmission Theory of Crime’ that

38 Paranjape, N. V. : ‘Criminology and Penology’, 14th ed., Central Law Pulications.
ϭϬϮ
“traditions of delinquency are transmitted through successive
generations of the same inhabitation in the same way as
language and attitudes are transmitted”.
Cultural differences between old and new values, local and

imported values, traditional and government-imposed values
creates conflicts in the society. Examples - Tamil tigers in Sri
Lanka, Indo-Pak partition in 1947, Pak-Bangladesh partition in
1971.
Mr Sutherland attributed three main causes for cultural

conflict:
(a) Residential instability;
(b) Social or ethnic heterogeneity; and
(c) Poverty.
Developed from studies of gangs of delinquents in U.S. cities, the

subculture approach has been disputed by some sociologists, who
deny the existence of any subculture of delinquency among the
less affluent; the behaviour of gangs, they argue, is in fact an
expression of widespread lower-class values that emphasize
toughness and excitement.
Family background:
Children spend most of their time in the family with parents and
relatives; so family environment has a great influence on criminal
behaviour.
Quarrels between parents, immorality of parents, step-

motherly/fatherly treatment with children, frequent births in the
family, misery, poverty etc. influence criminal behavior.
The children may learn delinquent behaviour at home in the

following ways:
ϭϬϯ
(a) While staying at home, they may assimilate patterns of
delinquency by observation of parents or other relatives,
the attitudes, codes and behaviour;
(b) There is high probability of adapting delinquency if the

parent’s home is situated in high-delinquency area;
(c) From the homely environment, the child learns to respect

or reject the members of the minority groups, police
officers, teachers and others;
(d) Due to unpleasant experiences, the child may be driven

out or withdrawn from home and cease to be a member of
the family;
(e) If the home fails to train properly the child to deal with
community situation in a law-abiding manner, they will
become delinquent person.
Political Ideology:
Different political ideology, political corruption, political

interference in executive functions of the Government, supporting
organized criminals etc. are influential factors of criminal
behavior.
Religion:
Religion keeps people away from sinful and criminal acts.

However, religious places are now a centre of criminal acts, such
as - cheating, stealing, exploiting, kidnapping etc.
Due to religion many wars, such as - Iran-Iraq war, Lebanon

wars, fighting between Israel and Palestine has occurred.
Terrorism is also an outcome of religious hatetress.
Economic conditions:
ϭϬϰ
Unemployment, poverty, financial and social statuses are the
causes of increasing crime rate.
According to the Marxist theory, all human behavior is

determined by economic factors.
Poverty contributes both directly and indirectly to the commission

of crime.
Due to economic conditions, crime such as - property crimes,

hijacking, black marketing, hoarding, undue profiteering, sexual
offence etc. occurs.
Prof. Hermann Mannheim observed that 3/4th of the time and

energy of the criminal law administrators of the world is devoted
to economic crimes.39
Mr Bonger identified many evils in the capitalistic system,

which generates crime and it occurs due to the exploitation of the
poor by the rich.
Ecology of crime:
Ecology is the study of people and institutions in relation to

environment.
Ecology of crime is also the study of influences, such as -

population, neighborhood, topographical factors etc. on criminals.
Topographical conditions affects crimes, such as - violation of

customs, drug laws in the border or coastal areas, violation of
forest law, child/women trafficking etc.

39 Mannheim, Hermann : ‘Criminal Justice and Social Reconstruction’, 1958.
ϭϬϱ
Mass Media:
Media such as - TV, films, newspaper, other media shows violent

scene, undesirable sex exposes, pornographic, wrongful
information and thus contributes to criminal behavior.
In 1928, Mr Ferri found that daily newspapers, illustrated

journals have an unfavorable effect in the minds of the criminals.
The mass media generates crime when:
(a) They promote crime by constantly advertising it and

exaggerating it effects by teaching the ‘modus operandi’ of
crime;
(b) They interfere with justice by distorting the news and by

failing to stress the punishment of crime;
(c) They ordinarily promote indifference to crime and create

public panic and sensationalism.
However, Mr Hagell and Mr Newbury found that persistent

offenders watch films or TV far less than non-criminals;
therefore, they opposed the view that there was a link between
violent mass media and criminality.
Mr Gillin also expressed doubt regarding any real link between

mass media violence and criminality. According to him mass
media teaches method of violence to those who are already
susceptible to them but it does not go further than that. 40
In recent years, it appears that the mass media has a powerful

effect on public perceptions and also due to political influences,
sometimes lead to illogical and ill-conceived conclusions.
Urban and Rural Areas:

40 Gillin : ‘Censorship and Obscenity’, 1978, p. 76.
ϭϬϲ
Industrialization, commercial activities, mobility of population,
scarcity of residential accommodation in urban area has given
rise to crime such as – shoplifting, petty thefts, juvenile
delinquency, sexual offences, white collar crimes, frauds etc.
In rural area, thefts of crops and cattle, arson, trespassing are

common crimes.
According to Mr Taft, the crime rate in rural area is lower than

urban area because of lesser mobility, homogeneity of rural
people, difficulty for a criminal to escape, simplicity of people etc.
Neighbourhood:
According to Mr Thomas, inability of a neighborhood to solve its

problems together leads to social disorganization leading to
unconscious motivations for crime.
Neighborhood such as - slums, railway stations, bus stands also

offers opportunity of committing crimes, for examples - theft,
kidnapping, cheating, burglary, pick-pocketing etc.
Anti-social institution, such as - gambling dens, brothels,

nightclub, bar also play significant role for organized crimes.
In recent years, there is an assumption that cinema theatres,

swimming pools, sport grounds, racecourses has favourable
atmosphere for criminal delinquency.
ϭϬϳ
ϭϬϴ
Chapter-7
ECONOMIC
CONDITIONS
AND
CRIME
ϭϬϵ
Chapter-7
7.1 Economy and Causation of Crime

a) General view
b) Scholar’s view
c) Relationship between economic conditions and crime
7.2 Marxists Theory

7.3 Bonger’s Economic Theory
7.4 Criticism of Bonger’s Theory
7.5 Case Reference
ϭϭϬ
* 7.1 Economy and Causation of Crime *
a) General view:
The economic theory of crime is based on the notion that

individuals respond rationally to the costs and benefits of
criminal opportunities.
Thus, factors that increase the expected costs of crime (such as

increasing the likelihood of apprehension or severity of
punishment) or reduce the expected benefits (such as improved
educational or job opportunities), could reduce the incidence of
crime.
b) Scholar’s view:
Mr Carl Marx commented that ‘economic conditions determine

the general character of the social, political and spiritual
processes of life and with the change of economic foundations, the
entire superstructure is also rapidly transformed’.
The economic framework can also encompass other theories of

crime that provide a richer understanding of rationality and
decision-making (such as the biological basis of impulsivity), the
costs of crime (such the social capital in anti-social peer networks)
and the benefits of crime (such as local economic conditions).
Economic conditions, such as - poverty, unemployment,

greediness, luxurious life etc. have a direct bearing on crime. 41
According to Mr Aristotle, ‘poverty endangers revolution and
crimes originated from poverty’.
In contrast of the above view, Mr Elbert Hubburd commented

that ‘criminal is a man, who does by illegal means what all the
rest of us do legally. In fact it is the lust for materialistic gain
rather than poverty, which makes a man criminal’.

41 Goswami, P. : ‘Criminology’, 1964, p. 163.
ϭϭϭ
Mr Plato, Mr Voltaire, Mr Rousseau, Mr Baccaria, Mr
Bentham also believed that human ‘greed’ was the potential
cause of crime.
Poor and unemployment people commits more crimes in the areas
where there are many wealthy and employed people, because
more wealth creates more opportunities of crime. Mr Charles
Booth found that 56% of the crimes are due to poverty and
deteriorated economic conditions.
c) Relationship between economic conditions and crime:
The relationship between economic conditions and crime is

founded broadly on two main conflicting views, which are:
(1) According to Marxist theory and Mr Bonger, when economic

conditions are well, criminality stays low but during
economic depression it increases;
(2) In contrast of the above, Mr Fillips Polett commented that

‘criminality being an extension of normal economic activity,
increases or decreases with the rise or fall in economy i.e.
crime rate increases during the periods of prosperity and
decreases during periods of economic depression.
* 7.2 Marxists Theory *
According to Marxists, crimes emerge solely from capitalism, i.e.

upper class always exploit poor people, put them in physical
danger, transgress their human rights, unfair division of labour
and capital etc.
Capitalism is an instrument of the rich people to protect their

interests. It oppresses poor people in the society and thus
generates crime, so abolishment of capitalist society could solve
the problem of criminality.
Mr Richard Quinney also supported the Marxists ideology and

commented that ‘Capitalists State creates a criminalogenic
society, so it needs to be replaced by socialist society, where
ϭϭϮ
people’s socio-economic rights would be more safe & secure and
this would lead to reduction of crime’.42
During the last two centuries, with the economic prosperity,

people has capacity to manipulate escape from arrest and
detection from crimes, such as – white collar crimes.
As a result, it has created a peculiar situation wherein crimes are

rampant whether the economic conditions are favourable or not.
* 7.3 Bongers’s Economic Theory *
According to Mr. Bonger, there is a casual link between crime

and economic and social conditions. Originally crime is social and
a normal response.
Capitalism is one of the potential causes of criminality because

the system created an atmosphere for promoting selfish
tendencies in men.
It is poverty but also self-interest, injustice, individualism,

materialism, false needs, racism, power control by rich people are
responsible to increase crimes.
Inflation, violation of intellectual property laws, employment of

children, unequal distribution of wealth also creates crime.
Mr Bonger carefully distinguished three theoretical problems,

which are:43
(i) The task of accounting for criminal motivations;
(ii) The task of defining the situations through which criminal

motivations are executed; and
(iii) The task of defining the forces enabling man to prevent

both criminal motivations and their execution.

42Quinney, Richard : ‘The Social Reality of Crime’, 1970, Boston, p. 131.
43Bonger, W. A. : ‘Criminality and Economic Conditions’, 1916, Little Brown &
Co., Boston.
ϭϭϯ
Mr Bonger also tried to show that crime, as a symptomatic
manifestation of the general destructive process, cannot be cured
merely by symptomatic treatment.
* 7.4 Criticism of Bonger’s Theory *
Mr. Bonger’s theory of economic explanation of crime fails to

answer as to why rich people commits criminal act, such as -
bribery and corruption.
According to Mr. Goring, poverty has no frequent co-relation

with crime.
[Shreerangyee v State of Madras (1973)]
According to Mr. Tarde, It’s not commercial or industrial

progress but man’s lust for luxurious life and inequitable
distribution of wealth that increases crimes. 44
Mr Bonger’s Theory has also been criticized on the ground that

it does not take into account the influence of interpersonal
relationship in the social, cultural, economic, political system and
religious factors. If his theory was relevant then at least there
should be a ‘crimeless society’ in the socialist countries.
* 7.5 Case Reference*
[Shreerangyee v State of Madras (1973)– The accused was a

hardworking but unfortunate woman who was deserted by her
husband. She had five children but was unable to support them
for want of adequate earning. Her financial position further
worsened due to her youngest child’s severe illness and doctor’s
demand for money for the treatment. Shreerangyee tried in vain
to raise the money. Having exhausted all the legitimate means to
earn a living, she, in exasperation, killed all her five children by
drowning them and finally jumped into the well. She was,
however, rescued and convicted, under section 302 of Indian
Penal Code for killing her children. The Court in this case ruled
out poverty as an excuse for the murder of innocent children and
an attempt to suicide.]

44 Tarde, G : ‘Penal Philosophy’.
ϭϭϰ
ϭϭϱ
Chapter-8
ORGANIZED
CRIMES
Chapter-8
ϭϭϲ
ORGANIZED CRIMES
8.1 Definition of organized crime

General definition
8.2 Classifications of organized crime

General classification
Scholar’s classification
8.3 Formation of organized crime

8.4 Characteristics of organized criminals
8.5 Activities of criminal organizations
Assault
Murder
Ideological crime
Financial crime
Remittance services
Counterfeiting
Tax evasion
Cybercrime
Copyright infringement
Cyber warfare
Computer viruses
Corporate crime
Labor racketeering
Political corruption
Drug trafficking
Human trafficking
Contemporary slavery and forced labour
8.6 Permanent immunity of organized crimes
8.7 Remedial measures to prevent organized crimes
8.8 Statistics
8.9 Case Reference
ϭϭϳ
* 8.1 Definition *
General definition:
In a general sense, organized crime means a crime when it is

done in an organized manner, then it is called organized crime.
Broadly speaking, an organized crime is an act, which is

committed by two or more criminals jointly in an organized
manner. It’s an illegal act, which the gang-members commit with
their mutual co-operation.
Two/more criminals

Mutual co-operation

Jointly commits crime
Dr Walter Reckless defined organized crime as:
“An unlawful misadventure, which is carried on by a boss, his

lieutenants and operators who form a hierarchical structure for a
specific period’45
According to Ms Sellin:
“Organized crime resembles those economic adventures or

enterprises, which are organized to carry on illegal activities”
Different criminal organizations have one thing in common, that

is - they are bound together by a common hostility towards law.
There is a tendency to distinguish organized crime from other

forms of crimes, such as - white-collar crime, financial crimes,
political crimes, war crime, state crimes and treason. However,
this distinction is not always apparent and the academic debate is
ongoing.

45 Reckless, W : ‘The Crime Problem’, p. 319.
ϭϭϴ
* 8.2 Classifications of organized crime *
General classification:
Criminal organizations are basically classified into following

major groups:
(i) Organized predatory crime;

(ii) Crime syndicate;
(iii) Criminal racket;
(iv) Political graft;
(v) Smuggling.
(i) Organized predatory crime:

Crimes, which requires greater skill and planning for executing
the crime and do not involve any kind of service or advantage to
the affected people or victim.
Juvenile delinquents and occasional offenders generally turn into

professional gangsters to commit organized predatory crimes.
Mr John Landesco observed that –
‘In some delinquency areas the choice of professional career in

crime is as natural to the criminal as the choice of a legitimate
career may be elsewhere’.46
Examples - Theft, dacoity, kidnapping, pick-pocketing, extortion,

terrorism etc.
(ii) Crime syndicate:

46 Taft and England : ‘Criminology’, 6th ed., p. 227.
ϭϭϵ
It means - to carry on a business, when gangs deliver any illegal
act to the customers who are desirous of having it and are willing
to pay handsomely for that service.
Crime syndicates are masterminded by highly skilled and

professional gang-leaders and make huge profits.
Mr David Dressler observed that –
‘Despite known arrest records & well documented criminal

statistics, the leading gangsters remain for the most part of their
career immune from prosecution & punishment by giving money
to law enforcement officers or using political power, although,
their junior gangs may be prosecuted & punished’. 47
Wherever organized crime existed, it sought protection from

interference by the police and the courts. Accordingly, large sums of
money have been expended by syndicate bosses in an attempt to gain
political influence on both local and national levels of the government.
Furthermore, profits from various illegal enterprises have been
invested in legitimate businesses.
Examples – gambling, commercialized prostitution, drug

business, bootlegging, spot-fixing etc.
(iii) Criminal Racket:

Criminal racketeering means - when criminal elements provide a
service to the legitimate businessman in the society, which is
illegal and prohibited.
[Gaurav Jain v Union of India & Others (1997)]
According to Mr G.B. Vold,

47 Dressler, David : ‘Readings in Criminology and Penology’, 2nd ed., 1956.
ϭϮϬ
‘Criminal racketeering is the practice of systematic extortion
under some kind of threat usually of personal injury or
property’.48
A racketeer is a person who engages in dishonest and fraudulent

business dealings.
Examples - horse races, animal combats, ball games, fake

recruiting people, exploiting labour/worker, selling fake degrees,
selling of women and children etc.
The difference between criminal racketing and organized

predatory crime is – some kind of service is essentially involved in
criminal racketeering, therefore, it is not completely exploitative.
The difference between criminal racketing and crime syndicate is

– the service involved in a racket is rendered to those who are
normally engaged in legitimate activities, while in case of
syndicate the service is completely illegal and prohibited.
(iv) Political Graft:

Political graft is when it becomes necessary to gain political
power, politicians seek the support of notorious criminals and use
them for illegal practices.
Examples - buying vote, counterfeiting ballot papers in election

etc.
(v) Smuggling:
It is a highly-prevalent criminal activity in the developing

countries like Bangladesh where the official position is to
encourage local products and industries and to conserve
maximum foreign exchange. Smuggling is the direct result of the
import and export policy of the Government of a country.

48 Vold, G. B. : ‘Theoretical Criminology’, 1958.
ϭϮϭ
Further, the politicians and enforcement officials sharing the
fruits of the illegitimate enterprise develop a vested interest in
the continuation of smuggling operations.
Scholar’s classification:
Criminal organizations are categorized transnational, national, or

local groupings of highly centralized enterprises run by criminals,
who intend to engage in illegal activity, most commonly for
monetary profit. According to the ‘Multi-model Approach’, the
criminal organization stands as follows: 49
Environm
Model type Group Processes Impacts
ent
Local
Historical Secrecy/
1. Family or corruption/infl
or cultural bonds, links
National hierarchy uence, Fearful
basis to insurgents
community
Politically Stable supply
2. and Vertical Legitimate of illicit goods,
Transnational economical integration cover high level
unstable corruption
Unstable
supply of
3. Violent,
Flexible, range of illicit
Transnational/ Any opportunistic
small size goods, exploits
transactional , risk taking
local young
offenders
Provision of
illicit services,
Developed/ Operating
4. e.g. money
high Individuals through
Entrepreneurial/ laundering,
technology or pairs legitimate
transactional fraud,
regions enterprise
criminal
networks
* 8.3 Formation of organized crime *
To form a criminal organization, leadership, loyalty, obedience,

group-discipline, fellowmen ship, sacrifice, co-operation and group
planning are necessary.

49 Morrison, S. : "Approaching Organized Crime: Where Are We Now and Where
Are We Going?", Australian Institute of Criminology.

ϭϮϮ
Reasons of formation:
(i) Social: Criminal groups seek to develop social control in

relation to particular communities;
(ii) Economic: Seek to exert influence by means of corruption

and by coercion of legitimate and illegitimate practice;
(iii) Political: They use corruption and violence to attain power

and status.
* 8.4 Characteristics of Organized Criminals *
The main characteristics of organized criminals are:

(i) They have strong unity and solidarity;
(ii) They have their own codes of ethics;
(iii) They keep secret of their members;
(iv) They act as watchdogs and keep members away from arrest
by police;
(v) Gang-leader supervise overall activities and keep all well
under control;
(vi) They are not hostile to other gangs who are carrying on
some other activity;
(vii) Mutual trust and co-operation exists.
According to the European Commission and Europol pertinent,

there are eleven characteristics from to a working definition of
organized crime. Minimum six of the followings must be satisfied
and the four in italics are mandatory:
(i) More than two people;

(ii) Their own appointed tasks;
(iii) Activity over a prolonged or indefinite period of time;
(iv) The use discipline or control;
ϭϮϯ
(v) Perpetration of serious criminal offenses;
(vi) Operations on an international or transnational level;
(vii) The use violence or other intimidation;
(viii) The use of commercial or businesslike structures;
(ix) Engagement in money laundering;
(x) Exertion of influence on politics, media, public
administration, judicial authorities or the economy; and,
(xi) Motivated by the pursuit of profit and/or power.
* 8.5 Activities of criminal organizations*
Different activities of criminal organizations are as follows:
Assault:
To achieve criminogenic goals (for examples - cultural conflict,
aggression, rebellion against authority, access to illicit
substances, counter-cultural dynamic), criminal organization uses
violent assault such as – threatening, authoritative, coercive,
terror-inducing, or rebellious role.50
Murder:
The role of the hit man has been generally consistent throughout
the history of organized crime, whether that is due to the
efficiency or expediency of hiring a professional assassin or the
need to distance oneself from the commission of murderous acts
(making it harder to prove liability).51
This may include the assassination of notable figures (public,

private or criminal), once again dependent on authority,
retribution or competition.
Revenge killings, armed robberies, violent disputes over

50 Geis : "Violence and Organized Crime", The ANNALS of the American Academy
of Political and Social Science, 364 (1), 1966.

51 Roots, R. : "Mafia Brotherhoods: Organized Crime, Italian Style", Contemporary
Sociology: A Journal of Reviews 34 (1), pp. 67–68, 1st January 2005.

ϭϮϰ
controlled territories and offenses against members of the public
must also be considered.
Ideological crime:
In addition to what is considered traditional organized crime
involving direct crimes of fraud swindles, scams, racketeering and
other Racketeer Influenced and Corrupt Organizations Act
(RICO) predicate acts motivated for the accumulation of
monetary gain, there is also non-traditional organized crime
which is engaged in for political or ideological gain or acceptance.
Such crime groups are often labeled terrorist organizations.
Financial crime:
Organized crime groups generate large amounts of money by
activities such as drug trafficking, arms smuggling and financial
crime.
The methods they use for converting its ‘dirty’ money into ‘clean’
assets encourages corruption. Organized crime groups need to
hide the money’s illegal origin.
Remittance services:
In addition to ordinary banking, however, money and other forms
of value can be transferred through the use of so-called
'remittance services' which have operated for hundreds of years in
the world.
Organized crime groups irregular way of record keeping, which

are often employed and the possibility that the laws of those
countries in which they operate may not be fully complied with.
Counterfeiting:
Organized crime groups counterfeit products, such as - food,
pharmaceuticals, pesticides, electrical components, tobacco,
household cleaning products, films, music, literature, games and
other electrical appliances, software, fashion etc.
ϭϮϱ
Tax evasion:
The organized criminals operates fraudulent financial accounts,
utilize illicit offshore bank accounts, access tax havens or tax
shelters for the continuation of their operations.
Cyber crime:
Identity theft is a form of fraud or cheating of another person's
identity in which someone pretends to be someone else by
assuming that person's identity, typically in order to access
resources or obtain credit and other benefits in that person's
name.
Organized criminal involves with email fraud, advance-fee fraud,
romance scams, employment scams, other phishing scams, social
networking fake websites, accounts and other fraudulent or
deceitful.
Copyright infringement:
Copyright infringement is the unauthorized or prohibited use of
works under copyright, infringing the copyright holder's exclusive
rights, such as the right to reproduce or perform the copyrighted
work, or to make derivative works.
Organized criminal groups capitalize on consumer complicity,

advancements in security and anonymity technology, emerging
markets and new methods of product transmission, and the
consistent nature of these provides a stable financial basis for
other areas of organized crime.
Article 61 of the Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPs) requires that signatory
countries establish criminal procedures and penalties in cases of
willful trademark counterfeiting or copyright piracy on a
commercial scale.
Cyber warfare:
Cyber warfare refers to politically motivated hacking to conduct
ϭϮϲ
sabotage and espionage.
It is a form of information warfare sometimes seen as analogous

to conventional warfare.
Organized criminal groups obtain confidential, sensitive,

proprietary or classified information from individuals,
competitors, groups, or governments using illegal exploitation
methods on internet, networks, software and/or computers.
Computer viruses:
The term "computer virus" may be used as an overarching phrase
to include all types of true viruses, malware, including computer
worms, trojan horses, most root kits, spyware, dishonest adware
and other malicious and unwanted software and proves to be
quite financially lucrative for criminal organizations, offering
greater opportunities for fraud and extortion.
Worms may be utilized by organized crime groups to exploit

security vulnerabilities i.e. duplicating itself automatically across
other computers a given network.
Corporate crime:
Corporate crime refers to crimes committed either by a
corporation or by individuals that may be identified with a
corporation or other business entity.
Organized criminal groups are involve with corporate corruption,

such as - insider trading.
Labor racketeering:
Labor racketeering has developed since the 1930s, effecting
national and international construction, mining, energy
production and transportation sectors immensely.
Organized criminal groups have focused on the importation of

cheap or un-free labor, involvement with union and public
ϭϮϳ
officials (political corruption) and counterfeiting.
Political corruption:
Political corruption is the use of legislated powers by government
officials for illegitimate private gain.
An illegal act by an officeholder constitutes political corruption

only if the act is directly related to their official duties.
Organize crime includes - bribery, extortion, cronyism, nepotism,

patronage, graft, embezzlement, drug trafficking, money
laundering and human trafficking.
Drug trafficking:
Organized criminal groups are involve with drug trafficking from
Burma, Laos, Thailand, Afghanistan and Central & South
America.
Human trafficking:
Human trafficking for the purpose of sexual exploitation is a
major cause of contemporary sexual slavery and is primarily for
prostituting women and children into sex industries.
Organized criminal groups are involve with human trafficking in

Thailand, Japan, Israel, Belgium, Netherlands, Germany, Italy,
Turkey and the United States.
Contemporary slavery and forced labour:

The number of slaves today remains as high as 12 millions to 27
millions. This is probably the smallest proportion of slaves to the
rest of the world's population in history.
Organized criminal groups are involve with debt slaves, largely in

South Asia, who are under debt bondage incurred by lenders,
sometimes even for generations. It is the fastest growing criminal
industry and is predicted to eventually outgrow drug trafficking.
ϭϮϴ
* 8.6 Permanent immunity of organized crimes*
Organized crimes survive highly in the society due to the

following reasons:
(a) The leaders of organized crime are not usually arrested and
prosecuted because they stay behind the scene of operation;
(b) Persons lower in the hierarchy, if arrested, are likely to be

released by action taken by their superiors;
(c) Protection is secured by gaining political power through
contributions to political parties and political organizations;
(d) Regular ‘pay-offs’ to law-enforcement officials also provide
protection;
(e) A certain amount of immunity results from public toleration
of organized crime, since it provides the public with illicit and
desired services, such as alcohol, narcotics etc.;
(f) Immunity is also provided by the function of law itself.
Sometimes, there are such loopholes in the laws that lawyers
manage to save their clients (criminals) from legal action;
(g) Organized crime is able to evade law through infiltration in
legitimate business.
* 8.7 Remedial measures to prevent organized

crimes*
If some bold steps are taken by the Government to prevent

organized crime, success can be achieved to a good extent. Some
of the steps are:
(i) Penal Laws be suitably amended and the provisions be

made for severe punishment for the serious type of
organized crimes like dacoity;
(ii) All persons indulged in the committing organized crimes

must be given the punishment of death instead of life
imprisonment;
(iii) Police and administration authorities be given wide powers

to face every situation in this regard to eradicate this evil;
ϭϮϵ
(iv) The proper rehabilitation and other programmes be made
for the economic growth of people who involves in organized
crimes;
(v) A healthy public opinion should be formed so that the public

may assist the police in prevention of this crime.
ϭϯϬ
* 8.8. Statistics*
The Bangladesh Police has provided the following statistics of organized crimes:52
Years Smuggling Theft Dacoity Kidnapping Robbery Burglary Murder

2002 4746 8245 963 1040 1397 3959 3503
2003 4499 8234 949 896 1170 3883 3471
2004 4182 8605 885 898 1207 3356 3902
2005 4334 8101 796 765 898 3270 3592
2006 4734 8332 795 722 843 2991 4166
2007 5202 12015 1047 774 1298 4439 3863
2008 7962 12188 885 817 1583 4552 4099
2009 7817 9171 764 858 1298 3456 4219
2010 6363 8529 656 870 1059 3101 3988
2011 5714 8873 650 792 1069 3134 3966
2012 6578 8598 593 850 964 2927 4114
2013 6437 7882 613 879 1021 2762 4393
Total 68568 108773 9596 10161 13807 41830 47276

52 The Bangladesh Police website.
ϭϯϭ
Years Smuggling Theft Dacoity Kidnapping Robbery Burglary Murder
2002 4746 8245 963 1040 1397 3959 3503
2003 4499 8234 949 896 1170 3883 3471
2004 4182 8605 885 898 1207 3356 3902
2005 4334 8101 796 765 898 3270 3592
2006 4734 8332 795 722 843 2991 4166
2007 5202 12015 1047 774 1298 4439 3863
2008 7962 12188 885 817 1583 4552 4099
2009 7817 9171 764 858 1298 3456 4219
2010 6363 8529 656 870 1059 3101 3988
2011 5714 8873 650 792 1069 3134 3966
2012 6578 8598 593 850 964 2927 4114
2013 6437 7882 613 879 1021 2762 4393
Total 68568 108773 9596 10161 13807 41830 47276
ϭϯϮ
[Gaurav Jain v Union of India & Others (1997)– The

petitioner, an Advocate, filed a Public Interest Litigation (PIL)
before the Supreme Court (SC) of India, based on an article "A
Red Light Trap: Society gives no chance to prostitutes' offspring"
published in the magazine 'India Today' dated July 11, 1988. The
petitioner prayed for establishing separate educational
institutions for the children of the fallen women (term used by the
SC throughout the judgment). The SC stated in its order dated
15-11-1989 that “segregating children of prostitutes by locating
separate schools and providing separate hostels would not be in
the interest of the children and the society at large”. While the SC
did not accept the plea for separate hostels for children of
prostitutes, it felt that "accommodation in hostels and other
reformatory homes should be adequately available to help
segregation of these children from their mothers living in
prostitute homes as soon as they are identified".
The Supreme Court issued direction to the Social Welfare

Department of the Government of India and the States to initiate
adequate measures for prevention of induction of women in
various forms of prostitution and rescue them from the vile flesh-
trade and to provide them dignity of person, means of livelihood
and socio-economic empowerment.]
ϭϯϯ
ϭϯϰ
Chapter-9
WHITE-COLLAR CRIME
ϭϯϱ
Chapter-9
WHITE-COLLAR CRIME
9.1 Definition of white-collar crime

9.2 Elements of white-collar crime
9.3 Causation of white-collar crime
9.4 Characteristics of white-collar crime
9.5 Implications of white-collar crime
Economic loss
Social damage
Privileged class deviance
Trade unionists deviance
9.6 White-collar crime in different professions

Hoarding, Black Marketing and Adulteration
Tax-evasion
Medical Profession
Engineering
Legal profession
Educational Institutions
Business
Fake employment placement rackets
9.7 Effects of white-collar crime

Dangerous to society
Crime against society
Economic misbalance
Adverse effect on future generation
9.8 How to prevent white-collar crime?

9.9 Distinctions between White-collar crime and Blue-collar
crime
ϭϯϲ
* 9.1 Definition of white-collar crime *
Generally speaking, white-collar crime is a crime committed by
persons who, often by virtue of their occupations, exploit social,
economic, or technological power for personal or corporate gain.
In a broader sense, it is a universal fact that the changes are

inevitable in every dynamic society. Some changes leave their
vital effects on certain aspects, which are directly connected with
the changes of society, for example, the rapid increase of urban
civilization, industrial kind of crime and criminality, which can be
termed as ‘solitary professional criminality’ in the upper socio-
economic class. It is known as ‘white-collar crime’.
The term, coined in 1949 by the American criminologist Edwin

Sutherland, drew attention to the typical attire of the
perpetrators, who were generally businesspeople, high-ranking
professionals, and politicians. Since Sutherland’s time, however,
such crimes have ceased to be the exclusive domain of these
groups.
Prof. Sutherland defined white-collar crime as:53
“A person of the upper socio-economic class, who violates the

criminal law in the course of his occupational professional
activities”
Moreover, developments in commerce and technology have

broadened the scope of white-collar crime to include cybercrime
(computer crime), health-care fraud, and intellectual property
crimes, in addition to more-traditional crimes involving
embezzlement, bribery, conspiracy, obstruction of justice, perjury,

53 Sutherland, E. H. : ‘White-collar Criminal’ addressed in American Sociological
Society in 1939.
ϭϯϳ
money laundering, antitrust violations, tax crimes, and
regulatory violations.
According to Mr. Sutherland,
‘White-collar crime is committed by persons of respectability and

high social status in course of their employment’.
Criticisms of Mr. Sutherland’s definition of white-collar crime

are:54
(i) Certain white-collar crime is committed not only by the

upper class but also by middle or lower classes people;
(ii) White-collar crime is the violation of Penal Law and should

be dealt by the criminal court, instead, they are handled by
the Administrative Tribunal, Commissions, Boards etc.;
therefore, the offenders cannot be called a criminal because
in most cases they are not convicted;
(iii) It does not require ‘mens rea’ which is an essential element

of a crime.
White-collar crime causes more financial loses to the society than

ordinary crimes. The objectives of committing white-collar crimes
are:
(i) Obtaining money, property or services;

(ii) Avoiding the payment or loss of money, property or services;
(iii) Securing business or personal interest.
The difference between white-collar crime and criminal syndicate

is based on the extent of presumed responsibility, for example – if
Mr Jashim, who belongs to a respectable class of society & has
good reputation, sells any fake materials, would be committing a
white-collar crime. But if he were unknown to his victims, would
be committing syndicate crime.

54 Coleman & Moynihan : ‘Understanding Criminal Data’, 1996.
ϭϯϴ
* 9.2 Elements of white-collar crime *
Elements of white-collar crime are:

(1) White-collar crime involves violation of legal codes;
(2) It takes place directly or indirectly in connection with a
legitimate occupation;
(3) It aims at gaining money;
(4) The crime is not against a specific individual or a firm but
is against society at large;
(5) Any person who violates law in the course of occupational
activity, is described as an occupational offender;
(6) The offender (of this offence) does not regard himself as a
criminal but considers himself as respectable citizen;
(7) The organization engaged in illegal occupational activity
adopts a policy of ‘fixing’ cases through politicians,
bureaucrats and influential people;
(8) The effect of this crime is much more serious for society
than an ordinary crime.
* 9.3 Causation of white-collar crime*
White-collar crime are increasing due to the following reasons:

(i) Economic and industrial growth;
(ii) Social-economic change in the society;
(iii) Recent developments in IT;
(iv) Opportunities created by corporate culture;
(v) Greed, family pressure;
(vi) Lack of effective punishment;
(vii) Passiveness of the Government;
(viii) Passiveness of public towards these crimes;
(ix) The lengthy and defective procedures of the courts.
ϭϯϵ
* 9.4 Characteristics of white-collar crime *
Although white-collar crimes are quite varied, most have several

characteristics in common, which are:
(1) Firstly, they involve the use of deceit and concealment,

rather than the application of force or violence, for the
illegitimate gain of money, property, or services. A
defendant convicted of making false statements in order to
obtain a government contract, for example, is considered a
white-collar criminal;
(2) White-collar crimes typically involve abuse of positions of

trust and power. Public officials who solicit and accept
bribes, or corporate officers who fix prices to drive
competitors out of business, are engaging in such abuse of
their positions;
(3) Many white-collar crimes require concerted criminal

activity by coconspirators. For example, a case of real-estate
fraud may involve the knowing participation of an escrow
officer, a buyer, an appraiser, and a bank officer, all of
whom were willing to sign false documents to perpetrate a
fraud for personal gain;
(4) Fraud, the most common type of white-collar crime,

involves obtaining money or services by making false
representations or promises. The key question in these
cases is ordinarily whether the defendant intended to
deceive the victims or merely failed in an honest business
venture. One of the most common types of fraud involves
telemarketing schemes that misrepresent the value, the
terms of sale, or the use of the goods or services being sold;
(5) Perjury, obstruction of justice, false statements, and

witness tampering are also considered white-collar crimes.
Although the goal is not necessarily to obtain money or
services, these crimes are illegal because they interfere with
ϭϰϬ
the proper functioning of the justice system;
(6) Bribery and extortion are more general, in that they
constitute illegal means of influencing persons in power in
public or private institutions. Bribery involves the giving of
something of value in exchange for an official’s exercise of
power. Extortion is a threat made to obtain a benefit from
either a public official or a private individual;
(7) Money laundering is a relatively new type of white-collar

crime that is utilized by criminals wishing to conceal profits
gained through illegal activities. Drug dealers and
purveyors of counterfeit goods and currencies will create
money-laundering schemes to hide the source of their
earnings;
(8) A wide variety of regulatory offenses are also considered to

be white-collar crimes. These may include violation of tax
laws, avoidance of currency-reporting requirements,
securities violations, and environmental crimes;
(9) Computer crimes represent one means by which white-

collar criminals exploit technology. Common examples cover
a wide variety of criminal activity, including using a
computer as a mechanism for committing securities fraud,
credit-card fraud, and identity theft. Computer crimes also
may involve illegally accessing and tampering with other
users’ computer files.
* 9.5 Implications of White-collar crime*
According to Justice Iyer, ‘economic offences often are subtle

murders practiced on the community or sabotage of the national
economy’.55

55 V. R. Krishna Iyer, J. : Addressed in seminar on ‘Current Trends in
Criminology’, Vigyan Bhawan, New Delhi, February 1974.

ϭϰϭ
White-collar crime has negative implications both economically
and socially:
Economic loss:
The cost of white-collar crime to society is many times more than
the organized crime or street crime.
It cannot be measured in monetary damages alone, because

white-collar crime can also pose health risks, compromise safety,
cause injuries or fatalities, bring harm to wildlife and the
environment, and lead to organizational failures and associated
job losses.
Owing to the concealed nature of many frauds and the fact that
few are reported even when discovered, their cost is impossible to
estimate precisely.
When compared with crimes committed by juveniles or the poor,

white-collar criminals are very rarely prosecuted in the criminal
courts, and, despite many well-publicized convictions of corporate
leaders found guilty of wrongdoing, executives rarely go to jail,
though some companies may pay large fines.
Social damage:
White-collar crime destroys morality and promotes social
disorganization, create & extend feelings of distrust. Such white-
collar crimes cause irreparable damage to social relation at a
larger scale.
Mr S. Rao commented that -
“When political power is held by or influenced by vested business

interests, there is bound to be some differentiation in their
favour, not merely in law-making but more importantly in law
enforcement”56

56 Rao, S. V. : ‘Crime in our Society’.
ϭϰϮ
Privileged class deviance:
The term ‘privilege or official deviance’ means every sort of
misuse of official power, both political and non-political.
Bureaucratic corruption & favouritism, sale of property before the
stipulated time, change in land use pattern, unauthorized
construction, under-valuation of properties are generally done in
collaboration with the government or corporate officials.
Mr S. Rao commented that –
“The close linkage of white-collar crime with capitalist structure

of society, the supportive relationship between it and political &
administrative corruption, and the inadequacy of the existing
legal system to cope with its universality & complexity”
Trade unionists deviance:

In industrial sectors, extortions, assaults, murders etc. have
become a style of trade union operations for settling disputes but
for terrorizing, intimidating and winning the allegiance of the
workers.
* 9.6 White-collar crime in different professions*
Some of the professions involving technical expertise & skill

provide sufficient opportunities for white-collar criminality, for
examples:
Hoarding, Black Marketing and Adulteration:-

Violation of foreign exchange regulations, export and import laws,
adulteration of foods, edibles, drugs, which are dangerous to
health, are common examples of white-collar crime.
Due to defective report of the expert or delay in examination of

samples or lack of legal expertise etc. the trial process frustrates
the cause of justice and often results into unjustified acquittal.
Tax-evasion:
ϭϰϯ
Professionals such as - businessman, doctors, engineers,
contractors, lawyers etc does not disclose their real income while
paying income tax, therefore, undisclosed money turns into
‘Black-money’.
[Provident Investment Company v Income

Tax Commissioner (1954) AIR 1954
Bombay 95]
Medical Profession:
Medical professionals commit white-collar crime when they issue
false medical certificates, helping illegal abortions, selling
sample-drugs and medicines, fake and misleading advertisement
of cosmetics etc.
They violate the moral spirit and also commit crimes, which are
not only anti-social but also injurious to public health.
Engineering:
Engineers commit white-collar crime when they do underhand
dealings with contractors, suppliers, constructing building,
canals, roads and bridges with sub-standard material.
Their act not only endangers public safety but also results into
huge loss to public exchequer.
Legal profession:
Fixing release for criminals, fabricating false evidence, engaging
professional witnesses, violating ethical standards of legal
profession etc. are examples of white-collar crime committed by
lawyers.
Even though there is a definite code of conduct for legal

profession but they resorts to different tactics in order to survive
on the profession, which is becoming more and more competitive
with the passage of time.
ϭϰϰ
Educational Institutions:
Providing fake details to government while taking authorization
and other benefits, enrolling fake and bogus students, selling fake
degree on huge payment etc. are examples of white-collar crime.
The magnitude of the crimes has adversely affected the standard

of education, so needs to be tackled through stringent statutory
measures.
Business:
Illegal contract, misrepresentation in advertising, infringements
of IP laws, under labour practice, bribing public officials,
conspiracies in trade are examples of white-collar crime by the
business world.
[P.V. Narasimha Rao v State (1998) AIR 1998 SC

2001] or
[A. R. Antuley v Union of India (1988) 2 SCC 602]
Fake employment placement rackets:

There are many fake employment organizations, who advertise in
the daily newspaper and makes false promises to provide
employment.
They collect registration fee from the unemployed people and

then suddenly disappear with huge cash.
* 9.7 Effects of white-collar crime *
White-collar crimes are so harmful to society that they directly

affect the financial condition of the country. A few effects of such
crimes are as under –
Dangerous to society:
ϭϰϱ
White-collar criminality is a curse to society because such crimes
not only put the nation into a great financial loss but also causes
fall in moral values.
Crime against society:
It is actually an offence of ‘treason’. The methods by which the

taxes are evaded or black money is floated in the market etc. are
such an offences, which are committed purely for the personal
gains at the cost of heavy loss to State.
Economic misbalance:
When a group of persons belonging to rich and sourceful class,

through their unlawful sources, gain more and more profit, the
majority class suffers the evils of it.
Adverse effect on future generation:
When the whole economy of a nation is disturbed by white-collar

criminality, the future generation will suffer from poverty,
unemployment.
Loss to Government revenues:
When white-collar criminals evade taxes or pay less tax, the

whole fiscal policy to the Govt. is disturbed.
* 9.8 How to prevent white-collar crime? *
Following remedial measures could be taken to prevent white-

collar crimes:
(i) Creating public awareness through mass media;

(ii) Stringent regulatory laws;
(iii) Establishing special tribunals with extra power;
(iv) Creating special tribunal for quick trial;
(v) Tighter punishment for white-collar crime;
ϭϰϲ
(vi) Requiring law enforcement officers to arrest and prosecute
white-collar criminals regardless of their social and
economic power;
(vii) Necessary amendments should be made in existing laws.
* 9.9 Distinctions between white-collar crime

and blue-collar crime *
The basic difference between white-collar crime and blue-collar

crime are given below:
(i) Based on definition:
Generally, crime committed by a person of respectively and high

social status in the course of his occupation, a person of the upper
socio-economic class who violates the criminal law in the course of
his professional activities. These types of activities are considered
as a white-collar crime.
On the other hand, crimes committed by general people, which is

punishable by statutory law, is called blue-collar crime.
(ii) Based on social status:
White-collar crime is committed by upper classes peoples of the

society.
On the other hand, blue-collar crime is committed by middle or

lower classes people of the society.
(iii) In the case of implement of physical action:
In case of white-collar crime, to commit these types of crime, no

needs to implement physical action, such as – breach of trust.
In case of blue-collar crime, to commit these types of crime, needs

to implement physical action and almost in every cases, the
misappropriate property needs to transfer to another places, for
example – robbery, dacoity.
ϭϰϳ
(iv) In the case of beneficiary:
Generally, white-collar crime is committed by the beneficial

persons of the society.
On the other hand, blue-collar crime is committed by those

persons who does not enjoy benefit from the society.
(v) In the case of committing crime:
Mainly, white-collar crime is committed in business profession by

the Government and private officials.
Blue-collar crime is committed in every sector in the society.
(vi) Based on intellectuality:
White-collar criminals are more intellectual than blue-collar

criminals and generally, they are intelligent, stable, successful
and man of high social status.
(vii) In the case of punishment:
White-collar crimes are petty offences because they do not carry

major punishment.
Blue-collar crimes carry major punishment due to the nature of

offences.
(viii) In the case of dangerousness:
White-collar criminals are more dangerous to the society than

ordinary or blue-collar criminals.
(ix) In the case of expression:
Generally, white-collar crimes are indirect and unexpressed.
On the other hand, blue-collar crimes are committed by directly

and expressly.
ϭϰϴ
(x) In the case of legal step:
The blue-collar crimes are more seriously considered than the

white-collar crimes by the law enforcement authorities, public
prosecutor and judges, and punishment is given accordingly, for
example – imprisonment, fine, death penalty.
(xi) In case of Mens rea:
Mens rea or guilty mind is an essential ingredient of every blue-

collar crime but statutes’ dealing with white-collar crime does not
require mens rea in strict sense of the term.
[Provident Investment Company v Income Tax

Commissioner (1954) AIR 1954 Bombay 95– The respondent
company was the managing agent of two other companies holding
certain shares therein. D wrote two letters to the respondent on
September 14, 1946, offering to purchase some of those shares
together with the managing agency and agreeing to pay certain
sums as earnest money on the acceptance of the offer and to pay
the balance after the transfer of the managing agency was
sanctioned by the general body of shareholders. By a letter dated
September 30, 1946, the respondent accepted the offer on
condition of a sum of Rs. 1 crore being paid out of the
consideration as compensation for the loss of the managing
agency, and on receipt of the letter, D paid the earnest money.
Subsequently, D wrote a letter on October 7, 1946, whereby, in
modification of the arrangement previously made, it was agreed
that instead of the managing agency being transferred by the
respondent, the latter would resign the office of managing agents
and certain individuals would be appointed Directors of the two
companies. Accordingly, the respondent relinquished the
managing agency and thereupon the balance of consideration
money was paid to it. The Income-tax Officer considered that s.
ϭϰϵ
12B of the Indian Income-tax Act, 1922, was applicable to the
transaction and on the footing that the managing agency, which
was valued at Rs. 1 crore, was a capital asset; he computed the
capital gains at Rs. 81,81,900. The Income-tax Appellate Tribunal
held that the respondent, as the owner of the shares and the
managing agency, sold the shares to D and handed back the
managing agency to the managed companies, and that this
handing back constituted a transfer. On a reference to the High
Court by the Tribunal, the agreed statement of the case
proceeded on the basis that the dispute between the parties was
whether the transaction with regard to the managing agency
resulted in capital gains and the High Court held that there was
neither a sale nor a transfer of the managing agency within the
meaning Of S. 12B of the Act. On appeal to the Supreme Court by
the Commissioner of Income-tax, it was contended for him (1)
that there was a concluded contract 1142 of sale as a result of the
letters of September 14, 1946, and September 30, 1946, and a sale
having taken place, the letter of October 7, 1946, merely changed
the mode of performance of the contract and did not affect the
true legal character of the transaction which was a sale of the
managing agency, and (2) that as there was one indivisible
consideration for the whole transaction, including the sale of the
shares and of the managing agency, the sale of the shares having
taken place and the entire consideration having been paid, there
was a sale within the meaning of s. 12B of the Act and the
transaction resulted in capital gains.
Held: (1) that on a true construction of the letters there was

originally only an agreement to sell the shares together with the
managing agency and before the sale could take place the letter of
October 7, 1946, substituted a new contract, a contract of
relinquishment rather than a contract of sale, so far as the
managing agency was concerned, and (2) that it was not open to
the appellant to go behind the agreed statement of the case and
raise a question of law based on different facts and
circumstances. Accordingly, the transaction in question was a
relinquishment of the managing agency and was neither a sale
ϭϱϬ
nor a transfer within the meaning of s. 12B of the Indian Income-
tax Act.]
Case References
[P.V. Narasimha Rao v State (1998) AIR 1998 SC 2001 – The

facts involved in the Constitution Bench decision in P.V.
Narasimha Rao v. State (JMM bribery case) are that in 1991
election to the Lok Sabha, Congress (I) Party remained fourteen
members short of the majority and it formed a minority
Government with P.V. Narasimha Rao as the Prime Minister.
The said Government had to face a motion of no-confidence on 28-
7-1993 and it somehow managed to defeat the motion by
mustering the support of 265 members as against 251. One
Ravinder Kumar of the Rashtriya Mukti Morcha filed a complaint
(FIR) with the "CBI" alleging that a criminal conspiracy was
hatched pursuant to which certain members of Parliament
belonging to Jharkhand Mukti Morcha and certain others owing
allegiance to Janta Dal (Ajit Singh Group) agreed to and did
receive bribes from P.V. Narasimha Rao and others to give votes
with a view to defeat the no-confidence motion. A criminal
prosecution was launched against the bribe-giving and bribe-
taking Members of Parliament under the Prevention of
Corruption Act, 1988 and under Section 120-B of the Indian
Penal Code. The Special Judge took cognisance of the offences of
bribery and criminal conspiracy. The persons sought to be
charged filed petitions at the High Court for quashing the
criminal proceedings. The High Court at Delhi dismissed the
petitions. On presentation of appeals by way of special leave and
upon reference of the case to a Constitution Bench, the Court
formulated for decision these questions:
(i) Does Article 105 of the Constitution confer any immunity on a
Member of Parliament from being prosecuted in a criminal
court for an offence involving offer or acceptance of a bribe?
(ii) Is a Member of Parliament excluded from the ambit of the
1988 Act for the reason that:
(a) he is not a person who can be regarded as "public servant" as
defined under Section 2(c) of the 1988 Act, and
ϭϱϭ
(b) he is not a person comprehended in clauses (a), (b) and (c) of
sub-section (1) of Section 19 and there is no authority to grant
sanction for his prosecution under the 1988 Act?
The Constitution Bench by a majority of three to two answered
the first question in the affirmative, except in the case of A-15
Ajit Singh (who, unlike the other co-accused did not cast his vote
on the no-confidence motion), holding that the bribe-taking
Members of Parliament who voted on the no-confidence motion
are entitled to immunity from criminal prosecution for the
offences of bribery and criminal conspiracy conferred on them by
Article 105(2) of the Constitution. The Court in answer to the
second question ruled that a Member of Parliament is a "public
servant" within Section 2(c) of the 1988 Act. It also concluded that
since there is no authority to grant sanction for prosecution of the
offending persons for certain offences, they couldn’t be tried
under the Prevention of Corruption Act, 1988 for such offences.]
[A. R. Antuley v Union of India (1988) 2 SCC 602 – The

appellant was the Chief Minister of Maharashtra between June 9,
1980 and January 12, 1982, when he resigned that office in
deference to the judgment of High Court in a writ petition filed
against him, but continued as an MLA. On August 9, 1982,
respondent No. 1, a member of a political party filed a complaint
before a Special Judge against the appellant and others for
offences under ss. 161 and 165 of the Indian Penal Code and s. 5
of the Criminal Law Amendment Act, 1952 and also under ss. 384
and 420 read with ss. 109 and 120B of the Indian Penal Code.
The Special Judge issued process to the appellant. Later, the
Special Judge over-ruled the objection of the appellant to take
cognizance of the offences on a private complaint, and to issue
process, in the absence of notification under s. 7(2) of the
Criminal Law Amendment Act, 1952, specifying as to which of
the three special Judges of the area should try such cases.
Against this, the appellant filed a revision application in the High

Court, which dismissed it subsequently. The appellant's Special
Leave Petition against this was dismissed by the Supreme Court
ϭϱϮ
and held that the complaint filed by respondent No. 1 was clearly
maintainable and cognizance was properly taken of it.]
Case References
[Murlidhar Meghraj Loya Etc vs State Of Maharashtra Etc

1976 AIR 1929, 1977 SCR (1) 1]
ACT:
Prevention of Food Adulteration Art, 1954--5.16, proviso--
Scope of.
Accused pleaded guilty--If lesser sentence could be awarded.
Fact:
An analysis of a sample of khurasani oil from the appellants' mill
collected by the Food Inspectorshowed30% groundnut oil content
amounting to contravention of r. 44(a) of the Rules which
prohibits sale of a mixture of two or more edible oils as an
edible oil. The appellants were charged with an offence under s.
2(i) of the Act read with ss. 7 and 16(1)(a) and r. 44(a). The
appellants having pleaded guilty, each of them was sentenced to
pay a small fine. On revision, the High Court converted the
offence into one under s. 2(i) (a) read with s. 16(1) and enhanced
the sentence to a minimum of six month, imprisonment and fine
of rupees one thousand on the ground that the offence committed
by them fell within s. 16(1)(a) and did not fall within the proviso
to that section.
On appeal to this Court it was contended that even assuming s.

2(i)(a) is all comprehensive it must be read as the genus and
thereafter sub-clauses (b) to (e) fall under two broad categories
namely adulteration with injurious substances and adulteration
with innocent additions or the substance sold merely violates a
standard or degree of purity prescribed and in this case the
offence would fall under the non-injurious type covered by s.
2(i)(1).
ϭϱϯ
Dismissing the appeal.
HELD:
1. (a) Sub-clause (a) of s. 2(1) has a wide sweep. There causes be
any doubt that if the article asked for is 100% khurasani
oil and the article sold is 70% khurasani oil and 30%
groundnut oil, the supply ' is not of the nature,
substance and quality which it purports or is represented
to be. [4 E]
(b) It is not possible to invoke the proviso to s. 16(1) and the
High Court is legally right in its conversion of the
provision for conviction and enhancement of the
sentence.
Though s. 2(i)(a) is read speciously and if the facts alleged

are accommodated by the definition of adulteration under
that sub-clause, s. 16.(1) is attracted. The first provisotos.
16(1) will be attracted if and only if s.2(i)(1) applies. [4 F-
G]
In the present case the facts disclose that the offence is

both under s. 2(i)(a) and under s. 7(v) for breach of
s.44(e). Section 2(i)(1) is repelled on the facts and this is
not a case. Where either s. 2(i)(1) or r. A17.12 applies.
2. (a) The proviso cannot apply in extenuation and the High

Court was right in convicting the appellants. Judicial
compassion can play upon the situation only if the offence
is under s. 16(1)(a)(i) and the adulteration is one under s.
2(i)(1). The proviso applies if the offence is under
cl.(a)(ii), that is to say, the offence is not one of
adulteration but is made up of a contravention of the
other provisions of the Act or of any rule made there
under. Since in this case the offence falls under s. 2(i)(a)
proviso (ii) has no application. [5 E-F]
(b) The judicial jurisdiction to soften the sentence arises if

the offence of adulteration falls only under s.2(i)(1). This
ϭϱϰ
case does not fall under this sub-clause. [5G]
[The Court drew attention to (a) the propriety of accepting

by the prosecution and the Courts the accused's plea of
guilty of a lesser offence in dangerous economic crimes
and food offences and (b) in view of the fact that
asubstantial number of cases of the kind were withdrawn
bythe Government because variably groundnut oil is
observed in Khurasani oil,the Government may consider
whether in the circumstances of this case it is not a
matter for exercise its commutation powers].
Case reference
[State of Haryana vs Yad Ram AIR 1987 P H 203]
Fact:
Yad Ram was tried by the Sub-Divisional Judicial Magistrate.
Mohindergarh, and convicted for committing an offence under S.
7 read with S. 16(1)(a), Prevention of Food Adulteration Act,
hereinafter referred to as the Act. He was sentenced to undergo
rigorous imprisonment for six months and pay a fine of Rs. 1,000/-
. In default of payment of fine he was further sentenced to
undergo rigorous imprisonment for four months. Yad Ram filed
appeal against the conviction, which was heard by learned
Additional Sessions Judge, Narnaul. Before the learned Appellate
Court Yad Ram did not contest his conviction under S. 7 read
with S. 16(1)(a) of the Act but prayed for reduction in the
substantive sentence only. In support of his prayer he urged that
he sold milk only for a few days and was not a regular milk seller.
He also urged that he was a first offender and had a large family
to support. The lawyer representing Yad Ram in the first
Appellate Court made a statement that he had nothing to say on
merits of the case and joined his client to urge only for leniency in
the punishment. The learned Additional Sessions Judge,
Narnaul, affirming the order of conviction of Yad Ram respondent
on merits reduced his sentence of imprisonment till the rising of
ϭϱϱ
the Court but maintained the sentence of fine with its default
clause as was imposed by the trial Court. For the reduction of the
sentence below the minimum prescribed for this offence under S.
16 of the Act on the respondent, the learned Additional Sessions
Judge relied on a Division Bench judgment of this Court reported
as State of Punjab v. Jeet Singh, 1983 FAJ 233, which is
equivalent to (1983) 1 Chand LR (Cri) 396.
Held:
At the time of hearing before Division Bench it was urged that in
view of the Full Bench decision of' this Court in State of Haryana
v. Ishar Dass, (1985) 87 Pun LR 341: ((1985) Cri LJ 1061), in
which it was held that the sentence below the minimum
prescribed under S. 16 of the Act can be awarded only in the cases
covered by the proviso to that section and in no other cases. Jeet
Singh's case was not a good law and in view of the Full Bench
decision it requires to be overruled.
At the time of the enactment of the Prevention of Food

Adulteration Act it was stated:--
"Statements of Objects and Reasons:--
Adulteration of foodstuffs is so rampant and the evil has become
so widespread and persistent that nothing short of a somewhat
drastic remedy provided for in the Bill can hope to change the
situation. Only a concerted and determined onslaught on this
most antisocial behaviour can hope to bring relief to the nation.
All remedies intended to be effective must be simple."
After its amendment under S. 12 of the Amending Act, 34 of 1976,
it reads as:--
"Subject to the provisions of sub-s. (1-A), if any person-
(a) whether by himself or by any other person on his behalf,
imports into India or manufactures for sale, or stores, sells or
distributes any article of food-
(i) which is adulterated within the meaning of sub-clause (m)
of clause (ia) of S. 2 or misbranded within the meaning of
clause (ix) of that section or the sale of which is prohibited
under any provision of this Act or any rule made
thereunder by an order of the Food (Health) Authority.
(ii) other than an article of food referred to in sub-clause (i),
ϭϱϲ
in contravention of any of the provisions of this Act or of
any rule made thereunder, or
(b) whether by himself or by any other person on his behalf,
imports into India or manufactures for sale, or stores, sells or
distributes any adulterant which is not injurious to health; or
(c) prevents a food inspector from taking a sample as authorised
by this Act; or
(d) prevents a food inspector from exercising any other power
conferred on him by or under this Act; or
(e) being a manufacturer of an article of food has in his
possession, or in any of the premises occupied by him, any
adulterant which is not injurious to health; or
(f) uses any report or certificate of a test or analysis made by the
Director of the Central Food Laboratory or by a Public
Analyst or any extract thereof for the purpose of advertising
any article of food; or
(g) whether by himself or by any other person on his behalf, gives
to the vendor a false warranty in writing in respect of any
article of food sold by him, he shall, in addition to the penalty
to which he may be liable under the provisions of S. 6, be
punishable with imprisonment for a term which shall not be
less than six months but which may extend to three years,
and with fine which shall not be less than one thousand
rupees.
Judgement:
We, therefore, sentence Yad Ram respondent to undergo rigorous
imprisonment for six months and pay a fine of Rs. 1,000/- for the
offences for which he has been convicted. In default of payment of
fine he shall further undergo rigorous imprisonment for two
months.
Appeal allowed.
Case reference
[Som Parkash vs State Of Delhi 1974 AIR 989]
ϭϱϳ
ACT:
Prevention of Corruption Act, 1947--s.5(1)(d) and 5(2)--
Whether trapping of corrupt officials a polluted procedure--
Whether investigating officers a suspect species--Whether
chemical test reliable.
Fact:
The appellant, an Inspector of Central Excise, was charged
unders.161, I.P.C. and S.5(1)(d)read with s.5(2) of the Prevention
of Corruption Act,1947forhavingaccepted a bribe. He was
convicted and sentenced by the Special Judge.
The High Court confirmed the conviction but reduced the

sentence to one year's imprisonment. The allegation against the
appellant was that he accepted a sum of Rs. 50/- as illegal
gratification. At the instance of the complainant the raiding
police party passed on to the appellant currency notes worth
Rs.50 smeared with a chemical substance. On recovery of the
money from his pocket traces of the chemical substance were
found on his fingers his kerchief and his trouser pocket.
It was contended
(i) that trapping of corrupt officials in the usual course is a

polluted procedure
(ii) the investigating officers are a suspect species and
(iii) the chemical test was not reliable.
Dismissing the appeal to this Court.
HELD:
(i) It is not possible to accede to the theory that the trapping of
corrupt officials in the usual course is a polluted procedure. Our
social milieu is so vitiated by a superstitious belief that any
official can be activist by illegal gratification, so confidential is
the technique of give and take in which the white-collar offender
is an adept and so tough is the forensic problem of proof beyond
reasonable doubt by good testimony in this area that the only
ϭϱϴ
hope of tracking down the tricky officers is by lying traps and
creating statutory Presumptions. Condemnation of all traps and
associate witnesses is neither pragmatic nor just, nor is it
fair to denounce all public servants indiscriminately. Judicial
attitudes have to be discriminating. An awkward judicial
conscience and an alert critical appraisal are the best tools in
this process. [202 G; 203 A]
(ii) Courts are aware of the exaggerated criticisms of the police
force as a whole and of the reluctance of the framers of the
Criminal Procedure Code to trust statements recorded by
police investigators, but these are, partly at least, the
hangover of the British past. Today trust begets trust and
the higher officers of the Indian police, especially in the
Special Police Establishment, deserve better credence.[203 D-
E]
(iii) The evidence furnished by inorganic chemistry often outwits

the technology of corrupt officials, provided no alternative
reasonable possibility is made out. It is but meet that science-
oriented detection of crime is made a massive programme of
police Work, for in our technological age nothing more
primitive can be conceived of than denying the discoveries of
the sciences as aids to crime suppression and nothing cruder
can retard forensic efficiency than swearing by traditional
oral evidence only thereby discouraging liberal use of
scientific research to prove guilt. [204 E]

ϭϱϵ
ϭϲϬ
Chapter-10
ALCOHOLISM
AND
DRUG ADDICTIONS
ϭϲϭ
Chapter-10
10.1 What is Alcoholism and Drug Addiction?

Definition of alcoholism and drug addiction
Expert opinion
Relationship with crimes
10.2 Characteristics of alcoholism and drug addiction
10.3 Impacts of alcoholism and drug addiction
10.4 Classifications of alcoholism and drug addiction
10.5 Diseases of alcoholism and drug addiction
10.6 Influential factors of causing alcoholism and drug
addiction
10.7 Alcoholism or drug addictions and criminality
10.8 Statistics
10.9 Remedial measures of preventing alcoholism and drug
addiction
10.10 Drug laws in Bangladesh
ϭϲϮ
* 10.1 What is Alcoholism and Drug Addiction? *
Definition of alcoholism and drug addiction:

Alcoholism is an addiction to the consumption of excessive
alcoholic liquor and compulsive behavior resulting from alcohol
dependency.
Drug addiction is when a person is addicted to an illegal drugs

such as - cocaine, opium, cannabis etc.
An alcoholic or drug addict repeatedly harm themselves or harms

others by physically, mentally, socially, legally, or economically.
Alcoholism or drug addictions are considered by majority
clinicians as an addiction and a disease.
The concept of inveterate alcoholism or drug addiction as a

disease appears to be rooted in antiquity. The Roman philosopher
Mr Senecaclassified it as a form of insanity.
Expert opinion:
According to World Health Organization (WHO), drug addiction

is ‘a state of periodic or chronic intoxication produced by the
repeated consumption of a drug (natural or synthetic)’.
Relationship with crimes:
Alcoholism or drug addiction may be conceptualized as crime

without victim and they fall in the category of public order crimes
or consensual crimes.
Mr Siegel has defined –
‘Victimless crime or public order crime’ as “crime, which involves

acts that interfere with the operations of society and the ability of
the people to function efficiently”.
ϭϲϯ
* 10.2 Characteristics of alcoholism and drug
addiction *
The main characteristics of alcoholism and drug addiction are:
(i) An overpowering desire or need (compulsion) to continue

taking the drug/alcohol and to obtain it by any means;
(ii) A tendency to increase the dose;
(iii) A psychic (psychological) and generally a physical

dependence on the effects of the drug/alcohol;
(iv) An effect detrimental to the individual and to society.
* 10.3 Impacts of alcoholism and drug addiction*
The impacts of alcoholism or drug addictions are as follows:57

(1) Crimes are often planned in liquor shops and bars;
(2) Juvenile delinquency and alcoholism or drug addiction are

intimately connected;
(3) Offender generally consumes alcohol or drug to overcome

their inhibitions and emotional strains;
(4) Alcoholism or drug addiction prevents the criminal from self-

criticism about their acts;
(5) Illegal purchase and possession of alcohol or drug, makes the

addict delinquent ipso facto.

57 Seliger, Robert : ‘Alcohol and Crime’, Journal of Criminal Law and Criminology,
XLI (May-June), 1950.

ϭϲϰ
* 10.4 Classifications of alcoholism and drug
addiction *
The International Convention of Drugs has classified drugs into

two categories:
(i) Narcotic drugs:
A drug or other substance affecting mood or behavior and sold

for nonmedical purposes, esp. an illegal one: opium, cocaine,
cannabis, methadone, pethedine etc.;
(ii) Psychotropic drugs:
It is relating to or denoting drugs that affect a person's

mental state: valium, diazepam, tidijestic, morphine etc.
* 10.5 Diseases of alcoholism and drug

addiction*
Excessive users of alcohol have been shown to suffer in varying

degrees from both acute and chronic diseases, such as – malaria,
tremulousness, loss of appetite, inability to retain food, sweating,
restlessness, sleep disturbances, seizures, and abnormal changes
in body chemistry, depression, emotional instability, anxiety,
impaired cognitive function, beriberi heart disease, pellagra,
scurvy, cirrhosis of the liver, cancer (e.g. oral cancer, pharyngeal
cancer), esophageal cancer, liver cancer, breast cancer, and
colorectal cancer etc.
Epidemiological studies estimate that genetic factors account for

40–60% of the risk factors for alcoholism and drug addictions.
* 10.6 Influential factors of causing

alcoholism and drug addictions *
ϭϲϱ
The followings are the influential factors of causing alcoholism
and drug addictions:
(i) Rapid industrialization and urbanization has ceased social

control;
(ii) Failure in business or professional life;
(iii) Unemployment;
(iv) Lack of parental care and control;
(v) Scientific developments in pharmaceutical and medical
science;
(vi) Frustration, emotional stress, painful illness;
(vii) Social disorganization;
(viii) Hippie-culture;
(ix) Poverty or economic conditions;
(x) Family breakdown etc.
* 10.7 Alcoholism or drug addictions and

criminality*
Alcoholism, drug addictions and crime are interrelated; as a

result, these influences people to become a law-violator. The
addicted people generally lead a criminal life and often commit
predatory crimes, such as – larceny, shoplifting, stealing,
burglary, robbery etc.
Studies have shown that narcotic drugs makes a person

delinquent and they take it to get stimulation & courage before
committing any violent crimes. After an intensive study, Prof.
Parcor found that 75% of addicts had no history of delinquency
prior to addiction.58

58 Prof. Percor : ‘A Study of Drug Addicts’, Public Health Reports, Supplement No.
143, 1943.
ϭϲϲ
However, Dr Kolb disagreed with the above and commented that
‘crimes committed by opiate addicts are generally of a parasitic,
predatory and non-violent types. They commit violent crimes
because they are psychopaths’. 59
Mr H. J. Anslinger commented that ‘drug-addicts are already

criminals before they take to addiction’.60
Another study had shown that alcoholism, drug addiction

aggravated the criminality, therefore, most addicts, who are
adolescent offenders turn into habitual and professional criminals
when they grow older in life.
Alcohol or drug abuse may result in mental impairment;

therefore, if a person is rendered insane, the M’ Naghten Rule
shall apply.
The British Criminal Law recognizes two broad categories of

drugs for the purpose of defence of insanity, which are:
(i) Those, which are known to have effects that may make the
addict more aggressive and unpredictable;
(ii) Those, like valium, which are not normally associated with
problematic changes in behaviour. It is in the latter case that
a defence of temporary mental impairment may possibly be
acceptable.
[R v Hardie (1985) 1 WLR 64]

59 Prof. Kolb : ‘Drug Addiction – A Study of some Medical Codes’, Archives of
Neurology & Psychiatry, vol. 20, 1928.

60 Anslinger, H. J. : ‘The Traffic in Narcotics’, New York, 1953, p. 170.
ϭϲϳ
Section 84 of the Penal Code of 1860 states that -
‘Nothing is an offence, which is done by a person who, at the time

of doing it, by reason of unsoundness of mind, is incapable of
knowing the nature of the act, or that he is doing what is either
wrong or contrary to law’.
The selling of alcohol, drugs in hotel, bars must be totally banned

and violation of laws should be severely dealt with by the law
enforcement officers.
* 10.8 Statistics*
The Bangladesh Police has provided the following statistics of

drug related crimes:61
Narcotics related
Years
crimes
2002 9018
2003 9494
2004 9505
2005 14195
2006 15479
2007 15622
2008 19263
2009 24272
2010 29344
2011 31696
2012 37264
2013 35832
2014 42501
Total 293485

61 The Bangladesh Police website.
ϭϲϴ
* 10.9 Remedial measures of preventing
alcoholism and Drug addictions *
Following remedial measures could be taken:
(1) Strict laws to regulate the manufacturer, transportation and

sale of alcohol and drugs;
(2) Stop selling them in open markets;
(3) Increase public awareness and educate people about harmful

effects;
(4) Implementation of counter measures against illegal drug

trafficking under international protocols, conventions and
treaties;
(5) Increase public support and co-ordination with law

enforcement authorities;
(6) Early detection of drug addicts and their prompt treatment;
(7) Intensive surveillance on the border check-posts, slams,

street;
(8) Establishment of special treatment centre for the

rehabilitation of drug-addicts and alcoholics.
* 10.10 Drug laws in Bangladesh*
The following are the relevant drug laws in Bangladesh:
(a) The Drugs (Control) Ordinance 1982;

(b) The Drugs (Supplementary Provisions) Ordinance 1986;
(c) The Drugs Act 1940;
(d) The Narcotics Control Act 1990.
ϭϲϵ
Section 13 (Offences) of the Drugs Act 1940 states that –
“(1) Whoever contravenes any of the provisions of this Chapter or

of any rule made there under shall, in addition to any penalty to
which he may be liable under the provision of section 11, be
punishable with imprisonment which may extend to one year, or
with fine which may extend to five hundred Taka, or with both”.
(2) Whoever, having been convicted under sub section (1), is

again convicted under that sub section shall, in addition to any
penalty as aforesaid, be punishable with imprisonment, which
may extend to two years, or with fine which may extend to one
thousand Taka, or with both.
Section 27 (Penalty for manufacture, sale, etc, of drugs in

contravention of this Chapter) of the Drugs Act 1940 states
that –
“Whoever himself or by any other person on his behalf

manufactures for sale, sells, stocks or exhibits for sale or
distributes any drug in contravention of any of the provisions of
this Chapter or any rule made there under shall be punishable
with imprisonment which may extend to three years or with fine,
or with both”.
Section 30 (Penalty for subsequent offences) of the Drugs

Act 1940 states that –
“(1) Whoever, having been convicted of an offence under section

27, is again convicted of an offence under that section shall be
punishable with imprisonment which may extend to five
years, or with fine, or with both.
(2) Whoever, having been convicted of an offence under section

28 or section 29, is again convicted of an offence under either
of those sections shall be punishable with imprisonment
which may extend to two years, or with fine, or with both”.
ϭϳϬ
Section 36 (Prohibition to sell drugs in public streets, etc.)
of the Drugs Act 1940 states that –
“No person shall, in any public street, highway, footpath or park

or on any public transport or conveyance, peddle, hawk or offer
for sale or distribute free of charge any medicine of
pharmaceutical speciality whether allopathic, unani, ayurvedic,
homoeopathic or of any other description”.
Section 37 (Penalty) of the Drugs Act 1940 states that –
“Any person who contravenes any of the provisions of section 35

or section 36 shall be punishable with imprisonment, which may
extend to two years, or with fine, or with both”.
Section 38 (Offences by Companies, etc.) of the Drugs Act

1940 states that –
“Where the person guilty of an offence under this Act is a

company, corporation or firm every director, partner and officer of
the company, corporation or firm with whose knowledge and
consent the offence was committed shall be guilty of the like
offence”.
Section 39 (Powers to try offence summarily) of the Drugs

“Any Magistrate of the first class or any bench of Magistrates

invested with the powers of a Magistrate of the first class
empowered for the time being to try in a summary way the
offences specified in sub- section (1) of section 260 of the Code of
Criminal Procedure, 1898, may, on application in this behalf
being made by the prosecution, try in accordance with the
provisions contained in sections 262 to 265 of that Code, any such
offence punishable under this Act and any rules made thereunder
as may be prescribed”.
ϭϳϭ
Section 40 (Special provision regarding imprisonment and
fine) of the Drugs Act 1940 states that –
“Notwithstanding anything contained in section 32 of the Code of

Criminal Procedure, 1898, it shall be lawful for any Magistrate of
the first class to pass any sentence authorized by this Act even if
such sentence exceeds his powers under section 32 of that Code”.
Section 16 (Penalty for manufacture, etc, of certain drugs)

of the Drugs (Control) Ordinance 1982 states that –
“Whoever manufactures, imports, distributes [stocks, exhibits or

sells] –
(a) Any medicine which is not registered under this Ordinance, or

(b) Any medicine in contravention of the provisions of section 8, or
(c) Any drug which is adulterated [misbranded, spurious or
imitated]
Shall be punishable with rigorous imprisonment for a term which

may extend to ten years, or with fine which may extend to two
lakh Taka, or with both, and any implements used in the
manufacture or sale of such medicine or drug may, by order of the
Drug Court, be forfeited to the Government”.
Section 21A (Offences by companies) of the Drugs (Control)

Ordinance 1982 states that –
“(1) Where an offence under this Ordinance has been committed

by a company, every person who at the time the offence has
been committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in
this Ordinance if he proves that the offence has been
ϭϳϮ
committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where

any offence under this Ordinance has been committed by a
company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any
neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager,
secretary or other officer shall also to be deemed to be
proceeded against and punished accordingly”.
Section 22 (Cognizance of offences) of the Drugs (Control)

Ordinance 1982 states that –
“Notwithstanding anything contained in the Code of Criminal

Procedure, 1898 (V of 1898) –
(a) An offence punishable under this Ordinance shall be non-

cognizable;
(b) No Court other than a Drug Court shall try an offence
punishable under this Ordinance;
(c) No Drug Court shall take cognizance of an offence punishable
under this Ordinance except on a report in writing made by the
licensing authority or an officer authorised by him in this behalf”.
Section 23 (Drug Courts) of the Drugs (Control) Ordinance

“(1) The Government may, by notification in the official Gazette

establish as many Drug Courts as it considers necessary and
where it establishes more than one Drug Court, shall specify
in the notification the territorial limits within which each one
of them shall exercise jurisdiction under this Ordinance.
(2) A Drug Court shall consist of a person who is or has been a
Sessions Judge and he shall be appointed by the Government.
(3) A Drug Court shall sit at such place as the Government may
direct.
(4) A Drug Court may pass any sentence authorised by this
ϭϳϯ
Ordinance and shall have all the powers conferred by the
Code of Criminal Procedure, 1898 (V of 1898), on a Court of
Session exercising original jurisdiction.
(5) A Drug Court shall not, merely by reason of a change in its
composition, be bound to recall and rehear any witness who
has given evidence, and may act on the evidence already
recorded by or produced before it.
(6) A Drug Court shall, in all matters with respect to which no
procedure has been prescribed by this Ordinance, follow the
procedure prescribed by the Code of Criminal Procedure, 1898
(V of 1898), for the trial of summons cases by Magistrates.
(7) A Drug Court may, on application in this behalf being made
by the prosecution, try an offence under this Ordinance
summarily in accordance with the provisions contained in
sections 262 to 265 of the Code of Criminal Procedure, 1898
(V of 1898).
(8) An appeal from the judgment of a Drug Court shall lie to the
High Court Division”.
Section 24 (National Drug Advisory Council)of the Drugs

(Control) Ordinance 1982 states that –
“(1) The Government shall constitute a National Drug Advisory

Council consisting of a Chairman and such other members as
it may appoint from time to time.
(2) The Council shall advise the Government on –
(a) Measures to be adopted for the implementation of the

national drug policy that may be adopted by the
Government from time to time;
(b) Measures for the promotion of local pharmaceutical
industries and production and supply of essential drugs
for meeting the needs of the country;
(c) Matters relating to the import of drugs and
pharmaceutical raw materials;
(d) Measures for the co-ordination of the activities of the
various Ministries, agencies and persons dealing with
manufacture, import, distribution and sale of drugs”.
ϭϳϰ
ϭϳϱ
Chapter-11
CYBER CRIMES
ϭϳϲ
Chapter-11
CYBER CRIMES
11.1 Definition of cyber crime

Introduction
General definition
11.2 Causes of Cyber Crimes
11.3 Different Types of Cyber Crimes
General categories
Broad categories
Traditional categories
11.4 Various names of Cyber offences
Stalking
Hacking
Financial crimes
Spam
Fraud
Cyber pornography
Harassment
Cyber terrorism
Intellectual property crime
Drug trafficking
Online gambling
Threat
Computer vandalism
Data diddling
Webcam
11.5 Preventive Measures of Cyber Crime
11.6 Cyber crimes in Bangladesh
11.7 Cyber Tribunal
11.8 Cyber Appellate Tribunal
11.9 Case Reference
ϭϳϳ
* 11.1 Definition of cyber crimes *
Introduction:
Cyber crime is related to information and technology. With the
invent of modern technology cyber crime has emerged and has
become a challenge to legislators, law enforcement authorities,
judges and people of the society.
General definition:
In simple term, cyber crime is a crime conducted via internet or
some other computer network.
‘Cyber threat’ is a threat that percolates or infiltrates through the

use of computers, internet or interconnected communication
devices and could comprise of information stealth, cyber warfare,
virus attacks, cyber terrorism, hacking attempts, phishing,
sabotage, singly or in combination.
From the information security perspective, a ‘threat’ is defined as

the potential to cause an unwanted incident in which an asset,
system or organisation may be harmed.
Dr. Debarati Halder and Dr. K. Jaishankar defined cyber
crimes as:
"Offences that are committed against individuals or groups of

individuals with a criminal motive to intentionally harm the
reputation of the victim or cause physical or mental harm to the
victim directly or indirectly, using modern telecommunication
networks such as Internet (chat rooms, emails, notice boards and
groups) and mobile phones (SMS/MMS)".62

62 Halder, D. & Jaishankar, K. : ‘Cyber crime and the Victimization of Women:
Laws, Rights, and Regulations. 2011, Hershey, PA, USA.

ϭϳϴ
Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is
where a computer is the target of a crime or is the means adopted
to commit a crime. Most of these crimes are not new. Criminals
simply devise different ways to undertake standard criminal
activities, such as - fraud, theft, blackmail, forgery, and
embezzlement using the new medium, often involving the
Internet.
The distinction between cyber and conventional crimes lie in the

involvement of the medium in cases of cyber crime, i.e. there
should be involvement, at any stage, of the virtual cyber space
medium in case of a cyber crime.
* 11.2 Causes of Cyber Crimes *
The main causes of cyber crimes are as follows:
(1) Computers are easy to access;

(2) Easy to destroy evidence after committing cyber crime;
(3) Difficult to identify criminals;
(4) Negligence of users;
(5) Complexity is taking legal action;
(6) Opportunity of making huge money easily;
(7) ‘Low risk involve’;
(8) Victims of cyber crime are not willing to take any legal
action, so criminal escapes easily;
(9) Too much dependency on IT.
ϭϳϵ
* 11.3 Different Types of Cyber Crimes *
General categories:
Generally, cyber crime may be classified into three categories:
(i) Cyber crimes against persons: harassment via e-mail,
stalking, defamation, unauthorized access to computer
systems, indecent exposures, e-mail spoofing, fraud, cheating
and pornography etc.;
(ii) Cyber crimes against all forms of property: computer

vandalism, transmission of virus, denial of service at lack,
unauthorized access over computer system, intellectual
property rights violations, internet time-theft, sale of illegal
articles etc.;
(iii) Cyber crimes against State or society: possession of

unauthorized information, cyber terrorism, distribution of
pirated software, polluting youth through indecent exposure,
trafficking financial scams, forgery, online gambling etc.
Broad categories:
Cyber crime may be divided into two broad categories:-
(i) Crimes which target computers directly: computer itself is a
target of the crime, for examples – viruses, malware, denial-of-
service attacks, blackmailing, theft of data/information, theft of
intellectual property, theft of marketing information etc.;
(ii) Crimes facilitated by computer networks or devices:

computer is used as an instrument to commit the crime, for
examples – cyber stalking, fraud, scams, and information
warfare etc.
Traditional categories:
Based on tradition, Mr Sieber Ulrich classified cyber crime into
two distinct types:63

63 Ulrich, S. : ‘The International Handbook on Computer Crime’, p. 38.
ϭϴϬ
(i) Cyber crime of economic type: here, the perpetration of
some impairment of resources is relevant, for examples –
frauds committed by manipulation of computer systems,
illegal copy of software and computer spying, computer
sabotage or illegal use of computer systems belonging to
others etc.;
(ii) Cyber crime against property: it affects the privacy of

persons, for example – judicial right to privacy.
* 11.4 Various names of Cyber offences *
Stalking:
Stalking is unwanted or obsessive attention by an individual or
group toward another person. Virtually any unwanted contact
between two people that directly or indirectly communicate a
threat or place the victim in fear can be considered as stalking.
In stalking, constant emails are sent to recipients, thus causing

them annoyance, worry and mental torture.
It occurs with women, who are stalked by men, adolescents or

adults.
Hacking:
Hacking is the practice of modifying the features of a system, in
order to accomplish a goal outside of the creator's original
purpose. The person who is consistently engaging in hacking
activities, and has accepted hacking as a lifestyle and philosophy
of their choice is called a hacker.
Hacking is unauthorized access on personal data or information.
Password cracking, e-mail bombing, trojan attacks, virus attacks,

web- spoofing are different forms of hacking.
ϭϴϭ
Financial crimes:
Financial crimes are crimes against property, involving the
unlawful conversion of the ownership of property belonging to
one's own personal use and benefit. Financial crimes may involve
cheque fraud, credit card fraud, mortgage fraud, medical fraud,
corporate fraud, securities fraud etc.
Credit card frauds, cheating, money laundering are examples of

cyber crimes.
Spam:
Irrelevant or inappropriate messages sent on the Internet to a
large number of recipients can be considered as spam.
Spam or unsolicited sending of bulk email for commercial

purposes is also cyber crimes.
The most common e-mail spam is ‘phishing’ or ‘personal

information fraud’.
The purpose is to trick the person for divulging his personal

information so that the offender can steal his identity to commit
crime in that person’s name.
Fraud:
Fraud is a type of criminal activity, defined as the abuse of
position or false representation or prejudicing someone's rights
for personal gain. But simply, fraud is an act of deception
intended for personal gain or to cause a loss to another party.

Computer fraud is any dishonest misrepresentation of fact
intended to let another to do or refrain from doing something,
which causes loss.
ϭϴϮ
Examples - bank fraud, identity theft, extortion, theft of classified
information.
Cyber pornography:
Cyber pornography is the act of using cyberspace to create,
display, distribute, import, or publish pornography or obscene
materials, especially materials depicting children engaged in
sexual acts with adults.
The content of websites and other electronic communications may

be distasteful, obscene or offensive for a variety of reasons. In
some instances these communications may be illegal.
Publication of pornographic materials on the websites,

magazines, photos, writings etc.
The extent to which these communications are unlawful varies

greatly between countries, and even within nations.
Harassment:
Harassment is when someone behaves in a way which makes you
feel distressed, humiliated or threatened.
Any comment published on the internet, for example on gender,

race, religion, nationality, sexual orientation, which my be found
derogatory or offensive is considered harassment.
This often occurs in chat rooms, through newsgroups, and by

sending hate e-mail to interested parties.
[United States v Neil Scott Kramer (1983)]
The difference between harassment and cyber bullying is - the

former usually relates to a person's "use of a computer or
computer network to communicate obscene, vulgar, profane, lewd,
lascivious, or indecent language, or make any suggestion or
proposal of an obscene nature, or threaten any illegal or immoral
ϭϴϯ
act", while the latter need not involve anything of a sexual
nature.
Cyber terrorism:
Cyber terrorism is any "premeditated, politically motivated attack
against information, computer systems, computer programs, and
data.

Generally, it is an act of terrorism committed through the use of
cyberspace or computer resources, for example - a simple
propaganda in the internet that there will be bomb attacks
during the holidays can be considered cyber terrorism.
A cyber terrorist is someone who intimidates or coerces a

government or organization to advance his or her political or
social objectives by launching computer-based attack against
computers, network, and the information stored on them.
Cyber extortion is a form of cyber terrorism in which a website, e-

mail server, or computer system is subjected to repeated denial of
service or other attacks by malicious hackers, who demand money
in return for promising to stop the attacks.
Intellectual property crime:

Computer pirates steal away valuable intellectual properties
when they copy software, music, graphics, pictures, books,
movies, documents etc., which are available on the internet.
Usually, most material that the pirates or offenders want to copy
is protected by the copyright, which implies that a person cannot
take out copies thereof without permission from the actual owner.
The crime includes - copyright infringement, trademark and

service mark violations, software piracy, theft of computer source
code etc.
[Kelly v Arriba Soft Corp 280 F3d 934 (9th Cir

2002)] or [Yahoo! Inc. v Akash Arora (1999) PTC
ϭϴϰ
19 Delhi 210] or [Ridiff Communication Ltd v
Cyber booth & Ramesh Nahata (2000) AIR 2000
Bombay 27]
Drug trafficking:
Drug trafficking is a global illicit trade involving the cultivation,
manufacture, distribution and sale of substances, which are
subject to drug prohibition laws.
It is the selling of illegal substances through encrypted e-mail

and other internet technology.
Some drug traffickers arrange deals at internet cafes, use courier

Web sites to track illegal packages of pills, and swap recipes for
amphetamines in restricted-access chat rooms.
Online gambling:
The terms online gambling encompass gambling using any digital
means, be that PC, TV, games console or a mobile device.

Gambling online is related to money laundering.
Threat:
A statement of an intention to inflict pain, injury, damage, or
other hostile action on someone in retribution for something done
or not done.
A "true threat" is "statements where the speaker means to

communicate a serious expression of intent to commit an act of
unlawful violence to a particular individual or group".
Although law in most democratic countries protects freedom of

speech, it does not include all types of speech.
In fact spoken or written "true threat" speech/text is criminalized

because of "intent to harm or intimidate", that also applies for
ϭϴϱ
online or any type of network related threats in written text or
speech.
Computer vandalism:
Computer vandalism is ‘any kind of physical damage done to the
computer of any person, for examples – stealing the computer,
adding or removing any parts of the computer.
Data diddling:
It occurs when changing or erasing of any data in subtle ways,
which makes it difficult to put the data back or be certain of its
accuracy.
This crime is committed for the purpose of illegal monetary gains

or for committing a fraud or financial scam etc.

Webcam:

A webcam is a hardware camera connected to a computer that
allows anyone connected to the Internet to view either still
pictures or motion video of a user or other object.
* 11.5 Preventive Measures of Cyber Crime *
Following remedial measures could be taken to prevent cyber

offences:
(i) Restriction of using certain websites, such as -

pornographic, anti-religious;
(ii) Enacting effective law;
(iii) Regulatory measures should be taken;
(iv) Tighter punishment for all kind of cyber crimes.
ϭϴϲ
* 11.6 Cyber Crimes in Bangladesh*
Computer literacy in Bangladesh is steadily on the rise. It is

anticipated that the revolutionary move by the present
government to digitalize Bangladesh will significantly accelerate
improvements in this sector. But amidst this hope for a new
future, a growing threat lurks in the dark – the world of
cybercrime.
In Bangladesh cyber crime has drawn public attention for the last
couple of years. At present, the Skype conversation and blogging
are the burning issues of our country. Pornography video and
picture upload happen in our country as a regular basis.
In Bangladesh quite a number of cybercrime have come under

public attention in the last few years. Anonymous death threats
to Sheikh Hasina through emails, hacking of websites run by law
enforcing agencies and defamation of private information of
respected and popular individuals of the country are some of the
examples of cybercrime in Bangladesh.
The Information and Communication Technology Act

(ICTA) 2006 enables:-
(a) Legal recognition of electronic transactions;

(b) Legal recognition of digital signatures;
(c) Electronic contracts;
(d) E-commerce and electronic forms;
(e) Electronic publication of the official gazette;
(f) Prevention of computer crime, forged electronic records,
intentional alteration of electronic records;
(g) Other responses to crime relating to information and
communications technology.
ϭϴϳ
Section 57 (Punishment for publishing fake, obscene or
defaming information in electronic form) of the ICTA 2006
states that -
“(1) If any person deliberately publishes or transmits or causes to

be published or transmitted in the website or in electronic
form any material which is fake and obscene or its effect is
such as to tend to deprave and corrupt persons who are likely,
having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, or causes to
deteriorate or creates possibility to deteriorate law and order,
prejudice the image of the State or person or causes to hurt or
may hurt religious belief or instigate against any person or
organization, then this activity of his will be regarded as an
offence.
(2) Whoever commits offence under sub-section (1) of this section

he shall be punishable with imprisonment for a term which
may extend to ten years and with fine which may extend to
Taka one crore”.
Section 57 of the ICTA 2006 stipulates “a maximum punishment

of up to 10 years of imprisonment or a maximum fine of Tk 10
million, or both” for cybercrime. However, the Information and
Communication Technology (Amendment) Bill 2013 has increased
the term of imprisonment from 10 to 14 years.
According to the ICTA 2006, all offences under sections 54, 56,
57 and 61 were non-cognizable but the 2013 Bill made offences
under sections 54, 56, 57 and 61 of the ICTA 2006 cognizable and
non-bailable, empowering law enforcers to arrest anyone accused
of violating the law without a warrant, by invoking section 54 of
the Code of Criminal Procedure 1898.
Rights groups and civic forums had opposed the 2013 Bill saying
that it would hinder the freedom of expression and feared the
misuse of Section 57 as the offences mentioned in the section
were not clearly defined. For examples - Bloggers Asif Mohiuddin,
ϭϴϴ
Mashiur Rahman Biplob, Subrata Adhikari Shuvo and Rasel
Parvez, the acting Amar Desh editor Mahmudur Rahman and
rights organisation Odhikar secretary Adilur Rahman Khan have
been arrested in cases filed under the 2006 Act.
* 11.7 Cyber Tribunal*
According to section 68 of the ICTA 2006, the Government will

appoint a Sessions Judge or Additional Sessions Judge in
consultation with the Supreme Court.
The Tribunal takes cases for trial:-

(a) Upon the report of a police officer not below the rank of sub-
inspector;
(b) Upon a complaint made by a controller appointed under the

Act or by any other person authorized by the controller.
According to section 72 of the ICTA 2006, judgment must be

pronounced within ten days after the conclusion of trial, which
may be deferred for another ten days.
According to section 73 of the ICTA 2006, the trial must be

completed within six months from the date of framing changes,
which may be extended for another three months.
* 11.8 Cyber Appellate Tribunal *
According to section 82 of the ICTA 2006, Cyber Appellate

Tribunal consists of a chairman and two members who are
appointed by the Government for 3 to 5 years.
The chairman must be a former or existing supreme count judge

out of two members, one of them must be a former District
judge/employed in the judicial service and other member must be
an experienced and skilled person in IT.
ϭϴϵ
Under section 83 of the ICTA 2006, the appellate tribunal will
have no original jurisdiction, and will hear and dispose only of
appeals from the order and judgment of the cyber tribunal and
sessions count.
According to section 83 of the ICTA 2006, the appellate

tribunal’s decision is final, and has the power to alter, amend,
and annul the order & judgment of the cyber tribunal.
[Kelly v Arriba Soft Corp 280 F3d 934 (9th Cir 2002) –
Plaintiff Leslie Kelly had copyrighted many images of American
west. Some were located on her website. Defendant produced
thumbnail pictures in its search engine’s search results and by
clicking on them, larger version could be viewed within Arriba’s
page. The Circuit court held, use of thumbnails is fair use but
display of larger image within its webpage is violation of author’s
exclusive right to publicly display his works.]
Case References
[Yahoo! Inc. v Akash Arora (1999) PTC 19 Delhi 210 – The

defendant installed a website Yahooindia.com nearly identical to
plaintiff’s renowned yahoo.com and provided services similar to
those of the plaintiff. The Delhi High Court granted an injunction
restraining defendant from using yahoo either as a part of his
domain name or as a trade mark .It held that trademark law
applies with equal force on the internet as it does in the physical
world.]
Case References
[Ridiff Communication Ltd v Cyberbooth & Ramesh

Nahata (2000) AIR 2000 Bombay 27 – the Bombay High Court
supported an action of passing off when the Defendants used the
ϭϵϬ
term ‘RADIFF’ (similar to the name ‘REDIFF’ of the Plaintiff) to
carry on business on the Internet.]
ϭϵϭ
ϭϵϮ
Chapter-12
SEXUAL OFFENCES
ϭϵϯ
Chapter-12
SEXUAL OFFENCES
12.1 Sex and Crime

What is sexual offence?
12.2 Causation of Sexual Crimes
1. Attraction to opposite sex
2. Industrial development
3. Lack of religious education/knowledge
4. Urbanization
5. Family unhappiness
6. Alcoholism and drug addiction
7. Sexual themes
8. Dissatisfaction in sex life
9. Lack of proof
12.3 Sexual offences in Bangladesh
12.4 Laws relating to sexual offences in Bangladesh
12.5 Statistics of sexual offences in Bangladesh
12.6 Incest
12.7 Extramarital sex
12.8 Prostitution
12.9 Human trafficking
12.10 Homosexuals
12.11 How to Prevent Sexual Crimes?
12.12 Case references
ϭϵϰ
* 12.1 Sex and Crime *
What is sexual offence?:

A crime involving sexual assault or having a sexual motive does
not need any kind of specific training. It is relating to the
instincts, physiological processes, and activities connected with
physical attraction or intimate physical contact between
individuals.
Example of sexual offences:
¾ Rape
¾ Adultery
¾ Incest
¾ Outraging the modesty of a woman
¾ Prostitution
¾ Sodomy
¾ Pornography
¾ Fornication
¾ Homosexuality
¾ Exhibitionism
¾ Obscenity
The bio-physical changes with the growth of human body

automatically affect sex behaviour. There is much variation
among cultures as to what is considered a crime or not, and in
what ways or to what extent crimes are punished.
Sex laws vary from one place or jurisdiction to another, and have
varied over time, and unlawful sexual acts are also called sex
crimes.
Some laws regulating sexual activity are intended to protect one

or all participants, while others are intended to proscribe a
morally, socially or religiously repugnant activity.
Western cultures are often far more tolerant of acts, such as –oral
ϭϵϱ
sex, that have traditionally been held to be crimes in some
cultures with a strong religious tradition.
In many countries the law often intervenes in sexual activity

involving young or adolescent children below the legal age of
consent, non-consensual deliberate displays or illicit watching of
sexual activity, sex with close relatives (incest), harm to animals,
acts involving the deceased (necrophilia), and also when there is
harassment, nuisance, fear, injury, or assault of a sexual nature,
or serious risk of abuse of certain professional relationships etc.
* 12.2 Causation of Sexual Crimes *
The main causes of sexual crimes are as follows:
1. Attraction to opposite sex:

Naturally, men/women are attracted to opposite sex people, which
influence to commit sex crimes;
According to Dr Freud,
‘id’ generates sex urge in a person but ‘ego’ and ‘super-ego’ keeps
most persons from committing sexual offences.
2. Industrial development:
It has given women freedom and come closer to men at work
place, which is the reason of sexual harassment or sex
delinquency;
3. Lack of religious education/knowledge:

Due to lack of religious education or knowledge, people have lost
their moral and ethical values of life;
ϭϵϲ
Modern education has made people westernize, as a result, lost
traditional norms and customs, which influence them to commit
sexual offence.
4.Urbanization:
Due to urbanization, parents need to stay away from their home
to attend the work place, which results into neglect of children
and lack of parental control over them;
It has made youngsters to be reckless, undisciplined,

irresponsible and repulsive.
5. Family unhappiness:
Family unhappiness in married life, physical, complexion,
features of spouses, habits etc. also influence both husband and
wife to commit prohibited sex crimes.
6. Alcoholism and drug addiction:

Influence of intoxications, such as alcohol, drugs etc. also
accounts for sex crimes;
Under the influence of intoxications, people becomes wild, rash,

emotionally excited, aggressive, forgets all normal restraints etc.
7. Sexual themes:
According to Mr Taft, changes in the habits of dress, undress, sex
themes in literature, dramas, obscenity in movies, television,
advertisements stimulate sexual impulse in varying degrees; 64
[Hicklin’s case (1868) QB 360]
8. Dissatisfaction in sex life:

64 For details see – Blumer, H and Hauser, P. M. : ‘Movies, Delinquency and
Crime’. Also Burgess, E. W. : ‘Sociological Aspects of the Sex Life of the

Unmarried Adult’.
ϭϵϳ
The satisfaction of sex impulse is an important biological need of
human personality, which is in fact a psycho-biological urge that
needs to be legitimately fulfilled;
According to Mrs Ruth Cavan, marriage shapes the personal life

of man and fulfils his psycho-biological needs, which, if otherwise
left unfulfilled, would drag him into sex delinquency.
9. Lack of proof:
Most of the sex offences are committed in the lonely places,
therefore, due to the absence of eye-witnesses, majority sex
offenders get acquitted.
* 12.3 Sexual offences in Bangladesh*
The incident of violence against women and children has

increased manifold in the country in the last decade surpassing
the previous records.
School and college going female students and tender children are
falling victim to sex offenders. The heinous event of rape has
become a common incident to take place on regular basis; rapists
are killing and hiding the victims after raping them.
The offenders remain untouched even after logging of cases

against them. No notable progress towards legal proceedings
against the offenders, even if anyone is arrested.
Having raped the victims, the obscene video scenes are being
aired and uploaded via mobile phones and internet with intent to
humiliate victims’ family.
Eve-teasing and sexual harassment of women has indeed

increased but there is none to care. Many of the victims are
committing suicide due to their irresistible sense of shame and
insult.
ϭϵϴ
There is a strong allegation of close nexus between the policemen
and the culprits in the society in this matter.
* 12.4 Laws relating to sexual offences in

Bangladesh*
The Bangladesh Penal Code 1860 recognizes following major

forms of sex offences, which are punishable under the law:
Sections Offences Punishments

imprisonment of either
assault or criminal force to description for a term
354 women with intent to outrage which may extend to
her modesty two years, or with fine,
or with both
imprisonment of either
description for a term
selling or buying minors for
372 & 373 which may extend to
purposes of prostitution
ten years, and shall
also be liable to fine
375 rape
intercourse by a man with his
376A
wife during separation
intercourse by a public servant
376B imprisonment for life or
with woman in his custody
with imprisonment of
intercourse by Superintendent
376C either description for a
of jail, remand home etc.
term which may extend
intercourse by any member of to ten years, and shall
the management or staff of a also be liable to fine
376D
hospital with any woman in
that hospital
imprisonment for life,
or with imprisonment
unnatural offences, such as –
of either description for
carnal intercourse against the
377 a term which may
order of nature with any man,
extend to ten years,
woman or animal
and shall also be liable
to fine
intending to insult the modesty simple imprisonment
of any woman, utters any word, for a term which may
makes any sound or gesture, or extend to one year, or
exhibits any object, intending with fine, or with both.
ϭϵϵ
509 that such word or sound shall
be heard, or that such gesture
or object shall be seen, by such
woman, or intrudes upon the
privacy of such woman
Sexual offences under Nari o Shishu Nirjaton Ain 2000:
Section 9:
Punishment for rape or death in consequence of rape:
i. Whoever commits rape with a woman or a child, shall be

punished with rigorous imprisonment for life and with fine.
ii. Explanation: Whoever has sexual intercourse without lawful
marriage with a woman not being under fourteen years of
age, against her will or with her consent obtained, by putting
her in fear or by fraud, or with a woman not being above
fourteen years of age with or without her consent, he shall be
said to commit rape.
iii. If in consequence of rape or any act by him after rape, the

woman or the child so raped, died later, the man shall be
punished with death or with transportation for life and also
with fine not exceeding one lac taka.
iv. If more than one man rape a woman or a child and that
woman or child dies or is injured in consequences of that
rape, each of the gang shall be punished with death or
rigorous imprisonment for life and also with fine not
exceeding one lac taka.
Whoever attempts on a woman or a child-

a) To cause death or hurt after rape, he shall be
punished with rigorous imprisonment for life and also
with fine.
b) To commit rape, he shall be punished with
imprisonment for either description, which may
extend to ten years but not less than five years
rigorous imprisonment and also with fine.
ϮϬϬ
v. If a woman is raped in the police custody, each and every
person, under whose custody the rape was committed and
they all were directly responsible for safety of that woman,
shall be punished for failure to provide safety, unless
otherwise proved, with imprisonment for either description
which may extend to ten years but not less than five years of
rigorous imprisonment and also with fine.
Section 10:
Punishment for sexual oppression:
i. Whoever, to satisfy his sexual urge illegally, touches the

sexual organ or other organ of a woman or a child with any
organ of his body or with any substance, his act shall be said
to be sexual oppression and he shall be punished with
imprisonment for either description which may extend to ten
years but not less than two years of rigorous imprisonment
and also with fine.
ii. Whoever, to satisfy his sexual urge illegally, assaults a

woman sexually or makes any indecent gesture, his act shall
be deemed to be sexual oppression and he shall be punished
with imprisonment for either description which may extend to
seven years but not less than two years of rigorous
imprisonment and also with fine.
Section 13:
Provision regarding the child born in consequence of rape:
Notwithstanding anything contained under any other law for the

time being in force, any child born in consequence of a rape:-
i. The maintenance of that child shall be borne by the person

who commits rape;
ii. The Tribunal may determine after the birth of the child, in
whose custody the child shall be and how much money
shall be provided to the legal guardian, by the person who
commits rape, as expense for the maintenance of the child;
ϮϬϭ
iii. This expense shall be provided for up to the period, the
child attains twenty-one years if male and, marriage of the
female child, if not disabled, and until the date he/she
obtains the capability to earn his/her living, if disabled.
ϮϬϮ
* 12.5 Statistics of sexual offences in Bangladesh*
According to the survey conducted by Odhikar, the statistics of sexual offences in Bangladesh during the last
decade are as follows: 65
RAPE
2001- 2013
Total Total Gang Rape Killed after being Rape Committed suicide after being Rape
Total number
number of number of Total
Years of unidentified
women children victims Unidentified Unidentified Unidentified
aged victims Women Children Women Children Total Women Children Total
victims victims Aged Aged Aged
2013
(Jan- 281 367 13 661 101 79 8 21 27 1 49 2 3 0 5
Aug)
2012 299 473 33 805 101 84 12 31 39 5 75 0 10 0 10
2011 246 450 15 711 119 115 5 54 34 2 90 4 9 0 13
2010 248 311 0 559 119 95 0 61 30 0 91 2 5 0 7
2009 213 243 0 456 97 79 0 64 33 0 97 4 4 0 8
2008 202 252 0 454 110 70 0 68 30 0 98 5 4 0 9
2007 213 246 0 459 119 72 0 56 23 0 79 1 0 0 1

65 www.odhikar.org ϮϬϯ
RAPE
2001- 2013
Total Total Gang Rape Killed after being Rape Committed suicide after being Rape
Total number
number of number of Total
Years of unidentified
women children victims Unidentified Unidentified Unidentified
aged victims Women Children Women Children Total Women Children Total
victims victims Aged Aged Aged
2006 412 227 0 639 126 126 13 13
2005 588 319 0 907 126 126 14 14
2004 569 327 0 896 117 117 13 13
2003 842 494 0 1336 142 142 17 17
2002 748 602 0 1350 114 114 12 12
2001 484 138 0 622
Total 5345 4449 61 9855 766 594 25 1204 122
ϮϬϰ
Rape by Law enforcement agencies (2001-2013)
Law enforcement agencies

Total victim
Years women/girls Police and Ansar
Police RAB Jail Police Army Ansar Village Police DB Police BDR
jointly
2013 (Jan-
6 2 1 1 1 1
August)
2012 13 10 1 2
2011 4 1 1 1 1
2010 6 3 1 1 1
2009 3 2 1
2008 5 3 1 1
2007 3 3
2006 3 3
2005 3 2 1
2004 1 1
2003 4 2 1 1
2002 7 7
2001 8 3 4 1
Total 66 42 3 1 9 5 1 1 2 2
ϮϬϱ
Dowry 2001-2014 (01 January 2001 - 31 August 2014)
Years Victim women (bride) Victim girls (under age bride)
Killed Physically abused Suicide Killed Physically abused Suicide

2014 (until
75 64 6 1 0 1
August)
2013 154 261 15 4 0 2
2012 271 533 14 2 2 0
2011 304 192 19 1 0 0
2010 234 119 22 1 3 0
2009 224 81 11 3 0 0
2008 187 70 10 1 1 0
2007 137 45 13 1 1 0
2006 243 64 8 0 0 0
2005 227 123 19 0 0 0
2004 166 78 11 0 0 0
2003 261 85 23 0 0 0
2002 191 90 28 0 0 0
2001 123 31 3 0 0 0
TOTAL 2797 1836 202 14 7 3
ϮϬϲ
Sexual Harrassment / Stalking : January 2010 - August 2014
Other females
Girls victimized by Males victimized for protesting against
Year (s) victimized for protesting against Total
stalker(s) stalkings
stalkings
2014 (until
156 9 26 191
August)
2013 333 9 89 431
2012 479 129 20 628
2011 672 42 201 915
2010 273 26 139 438
Total 1913 215 475 2603
ϮϬϳ
* 12.6 Incest*
Sexual activity between family members or close relatives is often

considered incest, which is illegal in Bangladesh. This prohibition
usually also extends to the marriage of people in the proscribed
incestuous relationships.
* 12.7 Extramarital sex*
Adultery is also a crime in Bangladesh.
*12.8 Prostitution*
Prostitution in Bangladesh is legal and so are brothels.
The Constitution of Bangladesh provides that the "State shall

endeavor to prevent gambling and prostitution".
The Penal Code of 1860 prohibits child prostitution and forced

prostitution:
(a) Section 364A - Whoever, kidnaps or abducts any person

under the age of ten, in order that such a person may be or
subjected to slavery or to the lust of any person shall be punished
with death or with imprisonment for life or for rigorous
imprisonment for a term which may extend to 14 years and may
not be less than 7 years;
(b) Section 366A - Whoever, by any means whatsoever, induces

any minor girl under the age of eighteen years to go from any
place or to do any act with the intent that such a girl may be or
knowing that it is likely that she will be, forded or seduced to
illicit intercourse with another person shall be punishable with
imprisonment which may extend to 10 years and shall also be
liable to fine;
ϮϬϴ
(c) Section 373 - Whoever buys, hires or otherwise obtains
possession of any person under the age of eighteen years with the
intent that such person shall at any age be employed or used for
the purpose of prostitution or illicit intercourse with any person
or knowing it likely that such person will at any age be employed
or used for such purpose with imprisonment of either description
for a term which may extend 10 years and fine. Any prostitute or
any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female under the age of 18
years, shall until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall
be used for the purpose of prostitution.
While laws relating to violence against women, including rape,

apply equally to prostitutes, in practice they are discriminated
against as they will be classified as 'habituated' to sexual
intercourse and proof will be considered to be harder to
give/accept.
Prostitutes are often subjected to harassment and violence from

the Police who are theoretically supposed to protect their rights.
Child prostitution is widespread and a serious problem. The

majority of Bangladeshi prostituted children are based in
brothels, with a smaller number of children exploited in hotel
rooms, parks, railway and bus stations and rented flats.
Many girls involved in child labour, such as - working in factories

and as domestic workers are raped or sexually exploited; these
girls are highly stigmatized and many of them flee to escape such
abuse, but often they find that survival sex is the only option
open to them - once involved with prostitution they become even
more marginalized.
Disabled children who live in institutions and children displaced

as a result of natural disasters, such as - floods are highly
susceptible to commercial sexual exploitation.
ϮϬϵ
Girls are often sold by their families to brothels for a period of two
to three years of bonded sex work.
The authorities generally ignore the minimum age of 18, often

circumvented by false statements of age, for legal female
prostitution; the government rarely prosecutes procurers of
minors.
According to NGO's prostitutes and their clients are most at risk

form HIV due to ignorance and lack of public information about
unprotected sex.
* 12.9 Human trafficking*
Unwed mothers, orphans, and others outside the normal family

support system are the most vulnerable to human trafficking.
Government corruption greatly facilitates the process of

trafficking. Police and local government officials often ignore
trafficking in women and children for commercial sexual
exploitation and are easily bribed by brothel owners and pimps.
Women and children are trafficked both internally and

internationally. International criminal gangs conduct some of the
trafficking; the border with India is loosely controlled, especially
around Jessore and Benapole, which make illegal border
crossings easy.
Police estimate more than 15,000 women and children are

smuggled out of Bangladesh every year. Bangladesh and Nepal
are the main sources of trafficked children in South Asia.
Bangladeshi women and girls are forced into the brothels of

India, Pakistan, Malaysia, UAE and other Asian countries.
According to the statistics provided by the Bangladesh Police, in
ϮϭϬ
2014 the human trafficking records are as follows:66
No. of No of Victims Trafficked No of Victims Recovered

Period Cases
Male Female Child Male Female Child
Recorded
Jan.14 23 183 10 3 181 4 2
Feb. 14 25 162 31 29 162 26 24
Mar.
33 84 18 11 80 7 7
14
Apr. 14 53 104 24 11 101 16 3
May 14 57 47 26 37 29 20 31
Jun. 14 57 377 34 15 374 22 11
Jul. 14 39 21 24 11 20 15 6
Aug.
74 220 53 19 218 46 15
14
Sep. 14 68 180 33 20 170 23 15
Rehabilitation of
Recovered Victims No. of PersonsNo. of Persons
Period ArrestedConvicted
NGO/Govt.
Parents
Safe Home
Jan.14 181 0 53 0
Feb. 14 212 0 56 3
Mar. 14 94 0 55 0
Apr. 14 120 0 62 1
May 14 80 0 55 2
Jun. 14 407 0 70 0
Jul. 14 41 0 37 1
Aug. 14 270 9 99 0
Sep. 14 208 0 83 1

66 www.police.gov.bd
Ϯϭϭ
* 12.10 Homosexuals*
According to Section 377 of the Bangladesh Penal Code 1860 -
"Whoever voluntarily has carnal intercourse against the order of

nature with any man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment of either description
[that is, hard labour or simple] for a term which may extend to
ten years, and shall also be liable to fine".
Although public display of affection between friends of the same

sex in Bangladesh is commonly approved and does not raise any
controversies, there appears to be a strong objection towards
homosexuality as such.
Bangladesh has a law against any kind of intercourse between

homosexuals and criminalizes any intercourse that is seen as
going against nature.
* 12.11 How to prevent sexual crimes?*
Following remedial measures could be taken to prevent sexual

offences:
(a) Discourage marriage between blood related people;
(b) Parents must look after their children and keep them under
control;
(c) Educating people in sex values and diseases;
(d) Strong initiative by women to keep their modesty;
(e) Stop selling alcohol or drugs in open places;
(f) Keep people in employment;
(g) Increase police patrolling;
(h) Tighten the law and increase punishment.
ϮϭϮ
*12.12 Case Reference*
[Hicklin’s case (1868) QB 360 – The case involved one Henry

Scott, who resold copies of an anti-Catholic pamphlet entitled
"The Confessional Unmasked: shewing the depravity of the
Romish priesthood, the iniquity of the Confessional, and the
questions put to females in confession." When the pamphlets were
ordered destroyed as obscene, Scott appealed the order to the
court of Quarter Sessions. Benjamin Hicklin, the official in charge
of such orders as Recorder, revoked the order of destruction.
Hicklin held that Scott's purpose had not been to corrupt public
morals but to expose problems within the Catholic Church; hence,
Scott's intention was innocent. The authorities appealed Hicklin's
reversal, bringing the case to the consideration of the Court of
Queen's Bench.
Chief Justice Cockburn, on April 29, 1868, reinstated the order of

the lower court, holding that Scott's intention was immaterial if
the publication was obscene in fact. Justice Cockburn reasoned
that the Obscene Publications Act allowed banning of a
publication if it had a "tendency ... to deprave and corrupt those
whose minds are open to such immoral influences, and into whose
hands a publication of this sort may fall." Hicklin therefore
allowed portions of a suspect work to be judged independently of
context. If any portion of a work was deemed obscene, the entire
work could be outlawed.]
Ϯϭϯ
Ϯϭϰ
Chapter-13
TERRORISM
Chapter-13
Ϯϭϱ
TERRORISM
13.1 The concept of terrorism

General concept
Scholar’s concept
13.2 History of terrorism
13.3 Definitions of terrorism
General definition
Definition by United Nations
Definition by USA Home Ministry
Definition by CIA
13.4 Characteristics of terrorism
13.5 Categories of terrorism
General classifications
Typological classifications
Activitism
13.6 Objectives of terrorism
13.7 Causes of terrorism
13.8 Funding
13.9 Terrorism in Bangladesh
13.10 Terrorist Groups of Bangladesh
13.11 Anti-terrorism law in Bangladesh
13.12 Remedial measures
13.13 War on Terror
* 13.1 The concept of terrorism *
General concept:
Ϯϭϲ
Terrorism is the systematic use of violence to create a general
climate of fear in a population and thereby to bring about a
particular political objective.
Terrorism is also a form of unconventional warfare and

psychological warfare. It is often termed as ‘apex of violence’.
Terrorism has been practiced by political organizations with both

rightist and leftist objectives, by nationalistic and religious
groups, by revolutionaries, and even by state institutions such as
armies, intelligence services, and police.
Terrorist commits acts, such as - bombing, hijacking, kidnapping,

suicide attack, assassination, extortion, hostage-taking etc.
Terrorists usually targets leading politicians, high military

personnel, VIPs, famous places etc.
Scholar’s concept:
According to Mr Thomas Frank:
‘Terrorism is a historical phenomenon that appears to recur at

regular intervals throughout recorded history and in most parts
of the world’.
According to Ms Lauran Paine:
‘The real terrorist has never been a complete ally of any system,
and the deeper his terrorist motivation runs, the less genuine
subservience is in him’.67
Mr Ariel Merari has provided:
‘A useful typology of terrorist groups that clarifies the

relationships, which is based on the distinction between
‘xenofighters’ (fighting with other countries) and ‘homofighters’
(fighting with the own countrymen)’.68

67 Paine, Lauran : ‘The Terrorists’, Robert Hale & Co., London.
68 ‘Encyclopedia of Crime and Justice’, Ed. Sanford H. Kadish, vol. 4.
Ϯϭϳ
Terrorism is distinguished from other acts of violence and from
war, by always having the following four characteristics:
x Terrorists violate the rules of modern warfare;
x Its goal is to achieve political change;
x Its targets are symbolic of the political issue in question;
x Acts of terror are designed to get attention from the public

and media.
* 13.2 History of terrorism*
Terror has been practiced by state and non-state actors

throughout history and throughout the world. The ancient Greek
historian Xenophon (c. 431–c. 350 BC) wrote of the effectiveness
of psychological warfare against enemy populations.
Roman emperors, such as - Tiberius (reigned ad 14–37) and

Caligula (reigned ad 37–41) used banishment, expropriation of
property, and execution as means to discourage opposition to
their rule.
The most commonly cited example of early terror, however, is the

activity of the Jewish Zealots, often known as the Sicarii, who
engaged in frequent violent attacks on fellow Hebrews suspected
of collusion with the Roman authorities.
Likewise, the use of terror was openly advocated by Robespierre

during the French Revolution, and the Spanish Inquisition used
arbitrary arrest, torture, and execution to punish what it viewed
as religious heresy.
After the American Civil War (1861–65), defiant Southerners

formed the Ku Klux Klan to intimidate supporters of
Reconstruction (1865–77) and the newly freed former slaves.
Ϯϭϴ
In the latter half of the 19th century, terror was adopted in
Western Europe, Russia, and the United States by adherents of
anarchism, who believed that the best way to effect revolutionary
political and social change was to assassinate persons in positions
of power.
From 1865 to 1905 a number of kings, presidents, prime

ministers, and other government officials were killed by
anarchists’ guns or bombs.
The 20th century witnessed great changes in the use and practice
of terror. It became the hallmark of a number of political
movements stretching from the extreme right to the extreme left
of the political spectrum.
Technological advances, such as - automatic weapons and

compact, electrically detonated explosives, gave terrorists a new
mobility and lethality, and the growth of air travel provided new
methods and opportunities.
Terrorism was virtually an official policy in totalitarian states

such as those of Nazi Germany under Adolf Hitler and the Soviet
Union under Stalin.
In the above-mentioned states - arrest, imprisonment, torture,

and execution were carried out without legal guidance or
restraints to create a climate of fear and to encourage adherence
to the national ideology and the declared economic, social, and
political goals of the state.
Terror has been used by one or both sides in the following

cases:
(a) Anti-colonial conflicts (e.g., Ireland and the United Kingdom,

Algeria and France, and Vietnam and France and the United
States);
(b) Disputes between different national groups over possession of

a contested homeland (e.g., Palestinians and Israelis);
Ϯϭϵ
(c) Conflicts between different religious denominations (e.g.,
Catholics and Protestants in Northern Ireland);
(d) Internal conflicts between revolutionary forces and

established governments (e.g., in the successor states of the
former Yugoslavia, Indonesia, the Philippines, Nicaragua, El
Salvador, and Peru).
In the late 20th and early 21st centuries some of the most extreme
and destructive organizations that engaged in terrorism
possessed a fundamentalist religious ideology (e.g., ISIL and al-
Qaeda).
Some groups, including the Liberation Tigers of Tamil Eelam and

‫ـ‬amas, adopted the tactic of suicide bombing, in which the
perpetrator would attempt to destroy an important economic,
military, political, or symbolic target by detonating a bomb on his
person.
In the latter half of the 20th century the most prominent groups
using terrorist tactics were the Red Army Faction, the Japanese
Red Army, the Red Brigades, the Puerto Rican FALN, Fatah and
other groups related to the Palestine Liberation Organization
(PLO), the Shining Path, and the Liberation Tigers.
In the late 20th century the United States suffered several acts of
terrorist violence by Puerto Rican nationalists (such as the
FALN), antiabortion groups, and foreign-based organizations.
The 1990s witnessed some of the deadliest attacks on American

soil, including the bombing of the World Trade Center in New
York City in 1993 and the Oklahoma City bombing two years
later, which killed 168 people.
In addition, there were several major terrorist attacks on U.S.

government targets overseas, including military bases in Saudi
Arabia (1996) and the U.S. embassies in Kenya and Tanzania
(1998).
ϮϮϬ
In 2000, an explosion triggered by suicide bombers caused the
deaths of 17 sailors aboard a U.S. naval ship, the USS Cole, in
the Yemeni port of Aden.
The deadliest terrorist strikes to date were the September 11

attacks (2001), in which suicide terrorists associated with al-
Qaeda hijacked four commercial airplanes, crashing two of them
into the twin towers of the World Trade Center complex in New
York City and the third into the Pentagon building near
Washington, D.C.; the fourth plane crashed near Pittsburgh,
Pennsylvania.
The crashes destroyed much of the World Trade Center complex

and a large portion of one side of the Pentagon and killed more
than 3,000 people.
U.S. President George W. Bush made a broad war against

terrorism, which was the centerpiece of U.S. foreign policy at the
beginning of the 21st century.
* 13.3 Definitions of terrorism *
General definition:
Terrorism is an unlawful violent act, which is intended to create
fear amongst civilians and deliberately disregard their safety to
fulfill a religious, political or ideological goal.
There are no concrete definition of terrorism, however, multiple
definitions exist.
According to Mr B. M. Jenkins & Mr J. A. Dowling,
ϮϮϭ
‘Terrorism is lawless violence and point out that the effects,
targets, and tactics of this violence are the most important factors
to be considered in deciding as to what constitutes terrorism’. 69
According to Mr David Rodin,
‘Terrorism is the deliberate, negligent, or reckless use of force

against non-combatants, by state or non state actors for
ideological ends and in the absence of a substantively just legal
process’.
According to Mr John V Whitbeck,
“Terrorism is simply a word, a subjective epithet, not an objective

reality and certainly not an excuse to suspend all the rules of
international law”.70
Definition by United Nations:

A UN panel described terrorism as any act:
“Intended to cause death or serious bodily harm to civilians or

noncombatants with the purpose of intimidating a population or
compelling a government or an international organization to do or
abstain from doing any act.”71
Definition by USA Home Ministry:

According to Home Ministry of the USA, the term ‘terrorism’
means - “premeditated politically motivated violence perpetrated
against non-combatant targets by sub-national or clandestine
agents, usually to influence an audience’.
Definition by CIA:
The Central Intelligence Agency (CIA) has defined terrorism as:

69 Ponnian, M : ‘Criminology and Penelogy’, 3rd ed.
70 John V Whitbeck, The Daily Star. Friday, December 09, 2001.
71 www.un.org
ϮϮϮ
“The threat or use of violence for political purposes by individuals
or groups, whether acting for, or in opposition to, established
governmental authority, when such actions are intended to shock
or intimidate a target group wider than the immediate victims”.
Some definitions treat all acts of terrorism, regardless of their

political motivations, as simple criminal activity. For example,
the Federal Bureau of Investigation (FBI) describes terrorism as
“the unlawful use of force and violence against persons or
property to intimidate or coerce a government, the civilian
population, or any segment thereof, in furtherance of political or
social objectives”.
In the late 20th century, the term ‘ecoterrorism’ was used to

describe acts of environmental destruction committed in order to
further a political goal or as an act of war, such as the burning of
Kuwaiti oil wells by the Iraqi army during the Persian Gulf War
or spiking of lumber trees, intended to disrupt or prevent
activities allegedly harmful to the environment.
* 13.4 Characteristics *
The major characteristics of terrorism are:-

(1) Its exercised by organized groups;
(2) Its inspired by political motives;
(3) Use of violence to create fright on people;
(4) Systematic and indiscriminate use of violence;
(5) Breach of law.
* 13.5 Categories of Terrorism *
General classifications:
ϮϮϯ
Generally, terrorism could be classified into the following
categories:-
i. Political:
To fulfill a political purpose, any attack which generates fear in

the community or country.
It is generally defined as the systematic use of threat of violence

to secure political goals.
It occurs in isolated acts and also in the form of extreme,

indiscriminate, arbitrary mass violence.
ii. Non-political:
An attack, which is intended to create fear on any individual or

group of people to achieve a non-political purpose.
iii. Civil Disorders:
An attack, which disturbs internal peace, security and normal

functions in the country or society.
iv. Quasi-terrorism:
An attack, which uses the modalities and techniques of genuine

terrorism and produces similar reaction and consequences.
v. State or official:
Any attack, which is sponsored or supported, by the Government

and it supplies arms, training and other supports to a terrorist
organization.
vi. Limited political terrorism:
An act, which is carried on to fulfill ideological or political

purpose but not to take control of the country.
ϮϮϰ
vii. Maritime terrorism:
An attack to take over the ships by the terrorists and also

concerns the offshore energy terrorism.
viii. Messianic terrorism:
It is also known as ‘holy terror’, where terrorist use the

theological concepts to justify their activities.
ix. Narco-terrorism:
It is perceived as the involvement of terrorist organizations and

insurgent groups in the trafficking of narcotics.
They use their wealth to exert economic, political and military

pressure on the government of the country, in which, they
operate.
x. Neo-Nazi terrorism:
It is a German right-wing terrorism.
xi. Dynamite terrorism:
It is the highest form of revolutionary terror, where the terrorists

use the versatile and well-advanced scientific power to create
terror.
ϮϮϱ
Typological classifications:
One popular typology identifies three broad classes of terrorism:
i. Revolutionary:
It is arguably the most common form.
Practitioners of this type of terrorism seek the complete abolition

of a political system and its replacement with new structures.
For examples - campaigns by the Italian Red Brigades, the

German Red Army Faction (Baader-Meinhof Gang), the Basque
separatist group ETA, and the Peruvian Shining Path (Sendero
Luminoso), each of which attempted to topple a national regime.
ii. Sub-revolutionary:
It is rather less common.
It is used not to overthrow an existing regime but to modify the

existing sociopolitical structure.
Since this modification is often accomplished through the threat

of deposing the existing regime, sub-revolutionary groups are
somewhat more difficult to identify.
For example - the ANC and its campaign to end apartheid in

South Africa.
iii. Establishment terrorism:

It is often called state or state-sponsored terrorism, is employed
by governments—or more often by factions within governments—
against that government’s citizens, against factions within the
government, or against foreign governments or groups.
This type of terrorism is very common but difficult to identify,

mainly because the state’s support is always clandestine.
ϮϮϲ
For examples - the National Union for the Total Independence of
Angola (UNITA); and various Muslim countries (e.g., Iran and
Syria) purportedly provided logistical and financial aid to Islamic
revolutionary groups engaged in campaigns against Israel, the
United States, and some Muslim countries in the late 20th and
early 21st centuries.
Activitism:
In terms of activities, terrorism could be classified into two:
Discriminate terrorism: the discriminate terrorists attack their
enemies and all of the victims are combatants or potential
combatants.
Indiscriminate terrorism: people are attacked indiscriminately

and the victims are the general public at the site, innocent
children, women, and passer-by.
* 13.6 Objectives of terrorism*
The objectives of terrorist are numerous of which followings are

remarkable:
(1) To isolate the government from the people and to involve

them in the struggle;
(2) It is also used to draw attention of the people in and

outside the country to the cause of the terrorist;
(3) It may aim at provoking repression by the government to

make it (the government) unpopular;
(4) Terrorist acts are also launched as retaliatory measures to

avenge the death in custody or for the arrest of the member
of terrorist group;
(5) Principal objective is to wear out to demoralize the security

forces and also destroy the governmental machinery.
ϮϮϳ
* 13.7 Causes of terrorism*
The followings are the reasons, which contributes to terrorism:
¾ High unemployment;
¾ High population growth rates;
¾ Religious conflict;
¾ Lagging economies;
¾ Territorial conflict;
¾ Political disenfranchisement;
¾ Extremism;
¾ Ethnic conflict.
* 13.8 Funding *
A terrorist group receives funding from the followings:-

(a) State or Government;
(b) Smuggling;
(c) Kidnapping for ransom;
(d) Fraud;
(e) Hijacking;
(f) Robbery;
(g) Revolutionary tax;
(h) Businessman;
(i) Politicians;
(j) Other groups or organizations.
* 13.9 Terrorism in Bangladesh*

ϮϮϴ
terrorism activities:72
Years Arms Act Explosive Act Riot

2002 3060 570 1276
2003 2293 499 890
2004 2370 477 754
2005 1836 595 570
2006 1552 308 570
2007 1746 232 263
2008 1529 239 203
2009 1721 227 112
2010 1575 253 130
2011 1269 207 109
2012 1115 289 94
2013 1517 1007 172
2014 1918 1367 874
Total 23897 6270 6017
During the last decade, terrorist activities has spread in the

country, for examples:
(a) Udichi meeting, and subsequent bomb attacks on Ramna

Botomul, cinema hall in Mymenshing;
(b) Grenade attacks in Sylhet;
(c) Grenade attacks on 21st August, 2004 on the AL meeting and

later attack, where Mr Shah M. S. Kibria was killed;
(d) 10 trucks arms and ammunition haul in Chittagong;
(e) 2005 Bangladesh bombings etc.

ϮϮϵ
* 13.10 Terrorist Groups of Bangladesh*
There are many terrorist organizations have given armed

training to their members to conduct jihad, these are - Harkatul
Jihad, Jama’atul Mujahideen Bangladesh (JMB), Jagrata Muslim
Janata, Bangladesh (JMJB), Islami Biploby Parishad, Shahadat
Al Hiqma, Hizbul Towhid, Hizb-ut-Tahrir, Ahle Hadith Andolon,
Towhidi Janata, Bisha Islami Front, Juma, atul Sadat, Al
Jamiatul Islamia, Iqra Islami Jote, Allahr Dal, Al Khidmat
Bhahini, Al Mujahid, Jama’ati Yahia Al Turag, Jihadi Party, Al
Harkat Al Islamia, Al Mahfuz Al Islamia, Jama’atul Faladia,
Shahadat-e-Nabuawat, Joish-e-Mostafa, Tahfize Haramaine
Parishad, Hizbul Mujahedeen, Duranta Kafela and Muslim
Guerrila.
In 2009, the Awami League (AL) Government has blacklisted 12

militant organizations:73
(a) Harkat-ul Jihad al Islami Bangladesh (HuJI-B);

(b) Jamaatul Mujahideen Bangladesh (JMB);
(c) Jagrata Muslim Janata Bangladesh (JMJBShahadat-e al
Haqima;
(d) Hizbut Touhid;
(e) Islami Samaj;
(f) Ulema Anjuman Al Baiyinaat;
(g) Hizb-ut Tehrir;
(h) Islamic Democratic Party;
(i) Touhid Trust;
(j) Tamir Ud Deen;
(k) Alla’r Dal;
(l) Shahadat-e al Haqima.
* 13.11 Anti-terrorism law in Bangladesh*

73 Bhattacharjee, Joyeeta : ‘Understanding 12 extremist groups of Bangladesh’, 7
June 2009.
ϮϯϬ
Section 6 (Terrorist Activities) of the Anti Terrorism Act
2009 states that -
“(1) If any person by creating horror amongst the public or

segment of the public to jeopardize the territorial integrity,
solidarity, security or sovereignty of Bangladesh, for the
purpose of compelling the government or any other person to
do or not to do an act –
(a) causes death, inflicts grievous hurt, confines or abducts

any person or causes damage to any property of a person;
or
(b) uses or keeps any explosive, ignitable substance, firearms
or any other chemical substance with a view to effect the
purposes enumerated in clause (a);shall commit the
offence of “terrorist activities”.
(2) Any person committing terrorist activities shall be sentenced

with death or convicted with rigorous imprisonment of not
more than 20 years but not less than 3 years and shall also be
liable to fines”.
Section 7 (Offences for supply of money to terrorist

activities) of the Anti Terrorism Act 2009 states that –
“(1) If any person supplies or incites to supply money, service or

any other property to other person and intends to use it for
any terrorist activities or if there is reasonable cause to
believe that those would be or might be used for terrorist
activities, he would commit the offence for supply of money to
terrorist activities.
(2) If any person receives money, service or any other property
and intends to use it for any terrorist activities or if there is
reasonable cause to believe that those would be or might be
used for terrorist activities, he would commit the offence for
supply of money to terrorist activities.
(3) If any person manages money, service or any other property
Ϯϯϭ
to other person and intends to use it for any terrorist
activities or if there is reasonable cause to believe thatthose
would be or might be used for terrorist activities, he would
commit the offence for supply of money to terrorist activities.
(4) Any person found guilty of offences under sub-clause (1) to
(3), shall be convicted of not more than twenty years and not
less than three years imprisonment of any description, and in
excess to that may also be liable to fine”.
Section 8 (Membership of prohibited organizations) of the Anti

Terrorism Act 2009 states that –
“If any person becomes or claims to be a member of any

prohibited organization, he would commit offence and committing
such offence and would be punished with not more than six
months imprisonment or fine or with both”.
Section 9 (Supporting of prohibited organization) of the

Anti Terrorism Act 2009 states that –
“(1) If any person requests or urges any other person to support

any prohibited organization under section 18, or arranges,
administers or aids to administer or gives speeches for the
purpose of supporting any prohibited organization or boosting
up or encouraging its activities, he would commit offence.
(2) If any person addresses any meeting or circulates any
information for begging support in favour of any prohibited
organization or for activating its activities, through radio,
television or any other print or electronic media, he would
commit offence.
(3) Any person found guilty of offences under sub-clause (1) or
(2), shall be convicted of not more than seven years and not
less than two years imprisonment of any description, and in
excess to that may also be liable to fine”.
ϮϯϮ
Section 10 (Punishment for criminal conspiracy)of the Anti
“If any person involves in criminal conspiracy to commit any

offence under this Act, he shall be punished for such a term of
any description which is two-thirds of the maximum punishment
provided for that offence or with fine or both and if the fixed
punishment is death sentence, the punishment shall be for life
imprisonment or not more than fourteen years but shall not be
less than 5 years”.
Section 11 (Punishment for attempt to commit offence) of

the Anti Terrorism Act 2009 states that –
“If any person attempts to commit any offence under this Act, he
shall be punished for such a term of any description which is two-
thirds of the maximum punishment provided for that offence or
with fine or both and if the fixed punishment is death sentence,
the punishment for the offence shall be for life imprisonment or
not more than fourteen yearsbut shall not be less than 5 years”.
Section 12 (Punishment for abetment to offence)of the Anti

“Whoever abets to any offence punishable under this Act shall be

punished with the conviction fixed for that offence”.
Section 13 (Instigation to terrorist activities) of the Anti Terrorism

“If any person through his voluntary activities or participation

prepares or distributes any document or by broadcasting any
information through print or electronic media or aids to any
person or organization by providing any apparatus, service or
technology or training with knowledge that such document,
apparatus, service or technology or training would be used to
perpetrate any offence under this Act or such person or
organization would use those to perpetrate like offences, it shall
Ϯϯϯ
be taken that such person has instigated the terrorist activities
and for such type of offence he shall be punished for such a term
of any description which is two-thirds of the maximum
punishment provided for that offence or with fine or both and if
the specified punishment is death sentence, the punishment
for the offence shall be for life imprisonment or not more than
fourteen years but shall not be less than 5 years”.
Section 14 (Sheltering offenders) of the Anti Terrorism Act

“(1) If any person irrespective of having knowledge that a person

has committed offence under this Act or irrespective of having
reasonable cause to believe that the impugned person is an
offender, shelters or hides any person, he shall be -
(a) Convicted of five years, if the punishment for the offence
is a death sentence, and in excess to it shall also be liable
with fine;
(b) Convicted of three years, if the offence is punishable with
life imprisonment or for any other term and in excess to
that shall also be liable with fine.
(2) If the offence of sheltering or hiding under sub-clause (1) is
accorded by husband, wife, son, daughter, father or mother of
the offender, the provisions of this section shall not be
applicable”.
Section 17 (Organization involved with terrorist activities)

of the Anti Terrorism Act 2009 states that –
“For the purpose of furthering the objectives of this Act, any

organization shall be held to be involved in terrorist activities, if
it-
(a) Operates terrorist activities or participates in it;
(b) Take preparation for terrorist activities”.
Ϯϯϰ
Section 27 (Provisions relating to trial by Session Judge or
Additional Judge) of the Anti Terrorism Act 2009 states that –
“(1) Notwithstanding anything contained in the Criminal

Procedure Code or any other law for the time being in force,
unless Special Tribunal is constituted for the purpose, the
offences under this Act shall be tried by the Session Judge or
in the event of transfer of a case by the Session Judge to the
Additional Session Judge, by the Additional Session Judge.
(2) The Session Judge or the Additional Session Judge while
trying the offences under this Act shall follow the procedure
applicable for the session courts as envisaged in chapter 23 of
the Code of Criminal Procedure.
(3) For the purpose of this Chapter, offences under this Act shall
be deemed to be triable by the Session Courts, and the
complaints shall have to be lodged to the Session Judge under
whose territorial jurisdiction the offence or part of the offence
have been committed”.
Section 29 (The procedure of the Special Tribunal) of the

Anti Terrorism Act 2009 states that –
“(1) The Special Tribunal shall not take cognizance of any offence
for the purpose of trial except in pursuance of a written report
by a police officer not below the rank of Sub-Inspector.
(2) The Special Tribunal while trying the offences under this Act
shall follow the procedure laid down in chapter 23 of the Code
of Criminal Procedure unless it is inconsistent with the
special provisions of this Ordinance.
(3) No Special Tribunal, unless required for natural justice and
save reasons recorded in writing, shall postpone the
proceedings of a case.
(4) Where the Special Tribunal has reasons to believe that, the
accused is absconding or has hidden himself and as such it is
not possible to produce him for trial after arrest and there is
no scope of arresting him immediately, in that case the
Tribunal, by Order, shall have the power to direct the accused
through at least two Bangla Daily Newspaper to surrender
Ϯϯϱ
within time stipulated in the order the failure of which would
entail trial in absentia.
(5) If the accused absconds or fails to be present, after his
presence before the Tribunal or after bail being granted, the
procedure stated in sub-section (4) shall not be applicable,
and the Tribunal with reasons recorded in writing shall
proceed with the trial in absentia.
(6) Any Special Tribunal, on the basis of any application made to
it or in its own motion, shall have the power to direct any
police officer to reinvestigate the case and to report within the
stipulated time determined by it”.
Section 31 (Appeal and Confirmation of Death Sentence)of

the Anti Terrorism Act 2009 states that –
“(1) Appeal shall lie to the High Court Division against any Order,
Judgment or Conviction of the Special Tribunal within 30
days of rendering its decision.
(2) If any Tribunal awards a death sentence under this Act, the
death Reference should be sent to the High Court Division for
confirmation, and until such confirmation is given, the death
sentence cannot be executed”.
Section 32 (Provisions for bail) of the Anti Terrorism Act 2009

states that –
“The Magistrate or the Judge shall not grant bail to the person
accused of any offense punishable under this Act, unless –
(a) the state party is given an opportunity of being heard; and
(b) the judge is satisfied that there is reasonable cause to believe
that the accused may not be guilty of offences alleged in the
trial and he reduces the reasons of such satisfaction in
writing”.
Section 33 (The time framework of disposal of cases by the

Special Tribunal) of the Anti Terrorism Act 2009 states that –
“(1) The Judge of the Special Tribunal shall complete the trial
Ϯϯϲ
within six months from the date of framing of charges.
(2) If the Judge fails to the complete the trial within the time
fixed under sub-section (1), he may extend the time with
reasons recorded in writing for not more than three months.
(3) If the Judge fails to the complete the trial within the time
mentioned under sub-section (1), he may again extend the
time with reasons recorded in writing for not more than three
months keeping the High Court Division and the government
informed about such extension”.
Section 39 (Cognizance and Non-bailability) of the Anti

“(1) All offences under this Act shall be cognizable.

(2) All offences under this Act are non-bailable”.
In 2012, the Anti Terrorism Act 2009 was amended, where death
penalty was introduced as the maximum penalty for terrorist
activities. It also provided scope to prohibit the use of
Bangladeshi land for the conduct of any terrorist activities inside
the country or against other countries, all types of illegal arms
and explosives, and the creation of ‘panic’ among the people
through any terrorist activities.
The Amendment Bill was passed with virtually no consultation

with the civil society organisations and despite strong opposition
from the opposition members in the Parliament.
The Bangladesh Parliament on 11 June 2013 passed the Anti-

Terrorism (Amendment) Bill 2013, which would allow the Courts
to accept videos, still photographs and audio clips used in
facebook, twitter, skype, and other social media for trial cases.
Under this amendment, the police officer concerned will

immediately inform the District Magistrates about the occurrence
of a crime that come under the purview of this Act and files cases
against the persons or entity or foreign national.
Ϯϯϳ
The International Federation for Human Rights (FIDH) and its
member organization in Bangladesh, Odhikar, are deeply
concerned of the recent amendments by the Parliament.
FIDH and Odhikar commented – ‘by retaining vague and broadly

applicable definition of ‘terrorist activities’ and reducing
‘terrorism’ to merely a question of crime punishable by death, the
Amendment Bill makes the Anti-Terrorism Act even more
vulnerable to the worst kind of abuses’.
The monitoring work of FIDH and Odhikar over the years has
indicated a large potential for abuse and violations of due process
in the criminal justice system in Bangladesh.
The widening of the scope of crimes punishable by death thus

carries the tremendous risk of irreversible miscarriage of justice.
The Act of 2009 has already been abused by the government to

repress political opponents, journalist and other dissenting voices.
* 13.12 Remedial measures*
The following remedial measures could be taken to prevent

terrorism:
(1) The narco-terrorism can be reduced by inflicting stringent

punishment and maintaining constant vigilance by law
enforcement agencies in the border areas;
(2) Government can form a monitoring team to monitor the

suspected group’s activities;
(3) General public should be educated about the danger of

terrorism and the Anti Terrorism Law;
(4) Inauguration of modern and scientific madrasha education

system with a comprehensive and common academic
Ϯϯϴ
curriculum should be established and also more funding
should be allocated to strengthen madrasha education;
(5) National security forces, law enforcing forces, and
intelligence departments should be reformed and well-
equipped and kept out of political interferences’;
(6) The patrons and donors behind the activities should be

identified first and their activities should be regulated;
(7) Money towards Bangladesh in the guise of remittance, hundi

and other transactions should be checked out;
(8) The trial of the allegations against various terrorist

activities should be done properly and completely under the
existing laws within a very short time;
(9) Border surveillance system should be strengthening to

control the trafficking of human and drugs and arms across
the border;
(10) Activities of various NGOs, multinational organizations,

donor agencies, intelligence agencies of other state should be
closely monitored and regulated if required;
(11) Accelerating the regional and international cooperation to

combat terrorism.
* 13.13 War on Terror *
The ‘War on Terror’ or ‘Global War on Terrorism’ is a term

commonly used by USA and its allies to an international military
campaign, which started after 9/11 attacks on USA.
The term is used to signify a global military, political, lawful,

conceptual struggle-targeting both terrorist organization and
regimes accused of supporting them.
Ϯϯϵ
ϮϰϬ
Ϯϰϭ
Chapter-14
THE
PUNISHMENT
ϮϰϮ
Chapter-14
THE PUNISHMENT
14.1 Definitions of punishment

b) Definition given by scholar
14.2 Conditions of punishment
14.3 Concepts of punishment
14.4 Objectives of punishment
14.5 Elements of punishment
14.6 Different theories of punishment
(i) Deterrent theory
(ii) Preventive theory
(iii) Retributive theory
(iv) Reformative theory
(v) Expiatory theory
14.7 Punishments under Bangladesh Penal Code 1860
14.8 Forms of punishment
(1) Flogging
(2) Mutilation
(3) Branding
(4) Stoning
(5) Pillory
(6) Fines
(7) Forfeiture of property
(8) Banishment
(9) Solitary confinement
(10) Imprisonment
(11) Capital punishment
(12) Arguments for & against capital punishment
14.9 Effectiveness of punishment
14.10 Punishment under Islamic law
a) hadd crimes
b) tazir crimes
* 14.1 Definitions of punishment *

Ϯϰϯ
Punishment derives from the Greek word ‘Pu’, which means ‘to
cleanse’. According to Oxford Dictionary, the word ‘punishment’
derived from old French ‘punissement’ (from the verb ‘punir’).
Punishment is the infliction or imposition of penalty or pain as

retribution for committing an offence/crime.
Punishment is generally applied to encourage and enforce proper

behavior as defined by society or family.
b) Definition given by scholar:

According to Mr Jeremy Bentham,
“Punishment, the infliction of some kind of pain or loss upon. A

person for a misdeed, i.e. the transgression of a law or command.
Punishment may take forms varying from capital punishment,
flogging and mutilation of the imprisonment, fines and even
deferred sentences, which come into operation only if an offence is
repeated within a specified time”.
According to Mr Kevin Murtagh,
“Punishment involves the deliberate infliction of suffering on a

supposed or actual offender for an offence such as a moral or legal
transgression”.
* 14.2 Conditions of punishment *

To inflict punishment, following conditions must be fulfilled:
(a) It be imposed by a lawful authority;
(b) It involves some kind of loss to the criminal;
(c) It be in response to an offence;
(d) The offender should be responsible for the offence
* 14.3 Concepts of punishment*

Ϯϰϰ
Sir Walter Moberly explained the concept of punishment as
follows:74
(i) What is inflicted is an ill, that is something, unpleasant;
(ii) It is a sequel to some act, which is disapproved by authority;
(iii) There is some correspondence between the punishment and

the act, which has evoked it;
(iv) Punishment is inflicted, that it is imposed by someone’s

voluntary act;
(v) Punishment is inflicted upon the criminal or upon someone

who is supposed to be answerable for him and for his wrong
doings.
Mr Sutherland had taken two essential ideas for making out the
concept of punishment:75
(i) It is inflicted by the group in its corporate capacity upon one

who is regarded as a member of the same group. War is not
punishment as the action is directed against the foreigners.
The loss of status, which often follows crime is not
punishment, except in so far as it is administered in measure
by the group in its corporate capacity;
(ii) Punishment involves pain or suffering produced by design

and justified by some value that the suffering is assumed to
have. If the pain or suffering is merely accidental, to be
avoided if possible, it is not punishment. A surgical operation
performed on a prisoner to correct a physical defect is not
punishment, for the pain is not regarded as valuable or
desirable.

74 Moberly, Walter Sir : ‘The Ethics of Punishment’, 1968.
75 Sutherland and Cressey : ‘Principles of Criminology’, 6th ed., p. 256.
Ϯϰϱ
Mr Greenhut mentioned three components for punishment to
act as a reasonable means of checking crimes:76
(i) Speedy and inescapable detection and prosecution must

convince the offender that crime does not pay;
(ii) After punishment, the offender must have ‘a fair chance of a

fresh start’;
(iii) The state, which claims the right of punishment, must

uphold superior values, which the offender can reasonably be
expected to acknowledge’.
* 14.4 Objectives of punishment*
Mr Reid has referred to three objectives of punishments, these

are:
a) Incapacitation:
This aimed at making the offender physically incapable of
committing offence again by giving him corporal punishment.
b) Reparation:
This is an act of compensating for loss or damage demanded from
the criminal. The criminal is asked to restore the victim to his
state prior to the crime.
c) Maintenance of social solidarity:

The justification for punishment is that (i) it prevents private
revenge, and (ii) it upholds the moves of society.
* 14.5 Elements of punishment*

76 Greenhut, Max : ‘Penal Reform – A Comparative Study’, p. 3.
Ϯϰϲ
Mr Hart, Mr Bean and Prof. Flew had statedfive elements of
punishment:77
(i) It must involve pain or other consequences normally

considered unpleasant;
(ii) It must be for an offence against legal rules;
(iii) It must be an actual or supposed offender for his offence;
(iv) It must be intentionally administered by human beings

other than the offender;
(v) It must be imposed and administered by an authority

constituted by a legal system against which the offence is
committed.
According to Prof. Jerom Hall, punishment has the following

elements:78
(a) Punishment is a privation i.e. evil, gain, disvalue;
(b) It is coercive;
(c) It is inflicted in the name of State i.e. authorised;
(d) Punishment presupposes rules, their violation and a more or

less formal determination of that, expressed in a judgement;
(e) It is inflicted upon an offender, who has committed a harm

and this pre-supposes a set of values by reference to which
both the hard and the punishment are ethically significant;

77 Hart, H. L. A. : ‘Essay on Principles of Punishment’, Crime and Justice, vol. 2, p.
3.
78 Hall, J. : ‘General Principles of Criminal Law’, 2nd ed., 1960, p. 310.
Ϯϰϳ
(f) The extent or type of punishment is in some defended way,
related to the commission of the hard, and aggravated or
mitigated by reference to the personality of the offender, his
motives and temptation.
* 14.6 Different theories of punishment *
Punishment has been a subject of debate among philosophers,

political leaders, and lawyers for centuries. Various theories of
punishment have been developed, each of which attempts to
justify the practice in some form and to state its proper objectives.
There are many possible theories that might be given to justify or

explain why someone ought to be punished. These are:
i) Deterrent theory:
The aim is to prevent everyone in the society from committing
offences by discouraging them. The general deterrence principle
in economic terms is ‘pay the price of a crime’.
According to Mr Banthem, deterrent punishment may help to

control crimes in three ways:79
(i) By making it impossible or difficult for a criminal to commit

the offence again, at least in certain ways;
(ii) By deterring both offenders and others;
(iii) By providing an opportunity for the reforming of offenders.
Sir John Salmony commented:

79 Ponnian, M. : ‘Criminology and Penology’, 3rd ed., p. 213.
Ϯϰϴ
“Punishment is before all things deterrent, and the chief end of
the law of crime is to make the evil doer an example and a
warning to all who are like minded with him” 80
According to Utilitarian theories,
‘Punishment is justified by its deterrence of criminal behaviour

and by its other beneficial consequences for individuals as well as
for society’.
Among several utilitarian theories recognized by criminologists,

they are two types:
(a) General deterrence:

The approach based on general deterrence aims to dissuade
others from following the offender’s example.
It assumes that, because most individuals are rational, potential

offenders will calculate the risk of being similarly caught,
prosecuted, and sentenced for the commission of a crime.
This theory has proven difficult to validate, however, largely

because the presence of many intervening factors makes it
difficult to prove unequivocally that a certain penalty has
prevented someone from committing a given crime.
Nevertheless, there have been occasional examples showing that

some sentences can have a strong deterrent effect, for example -
laws designed to prevent driving under the influence of alcohol
(e.g., by setting a maximum legal level of blood alcohol content)
can have a temporary deterrent effect on a wide population,
especially when coupled with mandatory penalties and a high
probability of conviction.
Proponents of capital punishment have claimed that it serves as

an effective deterrent against.

80 Ibid.
Ϯϰϵ
Some argue that use of the death penalty is a response to, but not
a cause of, high murder rates, while some maintain that it has a
brutalizing effect on society that increases the incidence of
murder by instilling a lower regard for human life.
Another form of deterrence, known by the term denunciation,

utilizes public condemnation as a form of community moral
education. In this approach, a person found guilty of a crime is
denounced - that is, subjected to shame and public criticism.
Although denunciation is closely associated with general

deterrence through fear - and many courts have imposed
sentences designed to achieve both objectives simultaneously -
there is an important distinction between them.
Education through denunciation is generally aimed at

discouraging law-abiding citizens from committing criminal acts.
Its object is to reinforce their rejection of law-breaking behaviour.
Most people do not steal because they believe that stealing is

dishonest; a sentence imposed on a thief reinforces that view.
General deterrence through fear is aimed at those who avoid law-

breaking behaviour not on moral grounds but on the basis of a
calculation of the potential rewards and penalties involved.
(b) Individual deterrence:

Individual deterrence is directed at the person being punished
and aims to teach him not to repeat the behaviour.
It is also the rationale of much informal punishment, such as

parental punishment of children.
Theoretically, the effectiveness of individual deterrence can be

measured by examining the subsequent conduct of the offender.
Such studies often have been misleading, however, because in

most cases the only basis for proving that the offender repeated
his crime is a further conviction. Because a high proportion of
ϮϱϬ
crimes do not result in convictions, many offenders who are not
reconvicted after being punished may have committed additional
crimes.
Furthermore, the general pattern of “aging out” of crime (i.e. the
fact that criminal behaviour peaks in the late teens and early
20sand declines rapidly thereafter) contributes to the difficulty of
measuring the effectiveness of particular deterrence strategies.
Theories of deterrence and retribution share the idea that

punishments should be proportionate to the gravity of the crime,
a principle of practical importance.
If all punishments were the same, there would be no incentive to

commit the lesser rather than the greater offense. The offender
might as well use violence against the victim of a theft if the
penalty for armed robbery were no more severe than that for
larceny.
In the modern civilized society, severity of punishment is being

mitigated and losing its strength as a just way of punishment, for
example – capital punishment has disappeared in some countries.
ii) Preventive theory:

The profounder of this theory hold that the object of punishment
is to prevent the offences. The offences can be prevented when the
offender and his notorious activities are checked. The check is
possible by the disablement.
The forms of disablement are also available in Islamic law, where

there is the provision of the amputation of some part of body. The
death penalty is also based on this theory. The offender is
eliminated from the society so that the offences of the same
nature may be prevented.
iii) Retributive theory:

Criminals ought to suffer in some way. The aim is to try to
rebalance any unjust advantage gained by ensuring that offender
also suffers a loss.
Ϯϱϭ
The retributive theory of punishment holds that punishment is
justified by the moral requirement that the guilty make amends
for the harm they have caused to society.
Retributive theories generally maintain, as did the Italian
criminologist Cesare Beccaria, that the severity of a punishment
should be proportionate to the gravity of the offense.
Some retributive theories hold that punishment should never be

imposed to achieve a social objective, while others allow social
objectives to be pursued as secondary goals.
Many (but not all) retributive theories also claim that

punishment should not be inflicted on a person unless he is found
guilty of a specific offense.
Although retributive theorists do not base their justification of

punishment on its possible deterrent or reformative effects, many
of them agree that punishment can perform a salutary
educational function.
The enactment and implementation of the criminal, including

particularly the imposition of sentences - provides a concrete
example of society’s values and thereby reinforces them.
Citizens whose moral values are reinforced by court judgments

may feel more strongly committed to them than previously; by
contrast, they may question or feel less constrained by values
that the courts visibly ignore.
Without this kind of reinforcement, some retributivists argue, the

legitimacy of the legal system itself may be undermined, leading
eventually to general moral decline and the dissolution of society.
Retributivists also contend that punishment of offenders by the

state satisfies the community’s natural demand for justice and
helps to prevent victims of crime and those close to them from
seeking revenge through direct violence.
ϮϱϮ
A variation of this idea is that punishment is a kind of expiation
i.e. offenders should undergo punishment in their own interests to
discharge their guilt and to make themselves acceptable to
society again.
iv) Reformative theory:
Established in legal practice during the 19 th century, the most

recently formulated theory of punishment is rehabilitation.
The aim is to change the offender’s attitude to that they have

done and make them to realize that their behavior was wrong.
The purpose of punishment is to apply treatment and training to

the offender so that he is made capable of returning to society and
functioning as a law-abiding member of the community.
Rehabilitation was viewed as a humane alternative to retribution

and deterrence, though it did not necessarily result in an offender
receiving a more lenient penalty than he would have received
under a retributive or deterrent philosophy.
In many cases rehabilitation meant that an offender would be

released on probation under some condition; in other cases it
meant that he would serve a relatively longer period in custody to
undergo treatment or training.
Although rehabilitation was widely criticized in the United States

in the 1970s, it gained greater acceptance once research in the
1980s and 90s demonstrated that a carefully implemented
rehabilitation program could reduce recidivism.
Critics nonetheless objected to rehabilitation and sentencing

programs that gave significant discretion to the prison
administrator, who could decide to release or further detain an
offender depending on his assessment of the offender’s progress.
v) Expiatory theory:
The aim is to keep criminals away from society so that the public
is protected from their misconduct.
Ϯϱϯ
Expiatory refers to the act of making an individual “incapable” of
committing a crime - historically by execution or banishment, and
in more modern times by execution or lengthy periods of
incarceration.
Most instances of incapacitation involve offenders who have
committed repeated crimes (multiple recidivists) under what are
known as habitual offender statutes, which permit longer-than-
normal sentences for a given offense.
Expiatory is also utilized, for example, in cases involving

offenders who are deemed dangerous (such as those guilty of
murder) and likely to commit grave and violent crimes unless
restrained.
Given the difficulty of identifying such offenders with certainty,

the principle of incapacitation is controversial.
It has also been difficult to reconcile with other principles,

especially those advocating equal retribution.
A particularly controversial example of incapacitation is the so-

called “chemical castration” of sex offenders with hormonal drugs
that supposedly reduce or eliminate the sex crimes.
* 14.7 Punishments under Bangladesh Penal

Code 1860 *
Section 53: The punishments to which offenders are liable under

the provisions of this Code are -
Firstly - Death;
Secondly - Imprisonment for life;
Thirdly - [Omitted].
Fourthly - Imprisonment, which is of two descriptions, namely:-
(1) Rigorous, that is, with hard labour;

(2) Simple;
Ϯϱϰ
Fifthly - Forfeiture of property;
Sixthly - Fine.
* 14.8 Forms of Punishment *
Forms of punishment

MIS – BBC – SP – FFF
** Short technique for memorization
1) Flogging:
The word derived from Latin flagellare ‘to whip’, or from
flagellum ‘whip’. It means beating an offender with a whip or
stick as punishment.
It was the most common method of punishing criminals. The

instruments and methods of flogging had differed from country to
country.
Penological researches have shown that flogging can serve useful

purpose for minor offences, such as – eve-teasing, drunkenness,
vagrancy, shop-lifting etc, but does not have much effect on
offenders charged with major crimes.
It was also found that most of the hardened criminals, who were
subjected to whipping, repeated their crime.
In modern times, flogging is regarded as being barbarous and

cruel.
2) Mutilation:
The word ‘mutilation’ derived from Latin mutatio(n-) or from
mutare, which means ‘to change.’ It means chopping off any
physical part, for example, according to Sharia law, hand will be
chopped off for committing theft.
Ϯϱϱ
Flogging was believed to have an inevitable tendency to infuse
cruelty among people.
It served as an effective measure of deterrence and retribution;

however, it is completely discarded now due to barbaric nature.
3) Branding:
The word ‘branding’ derived from old English, of Germanic origin;
related to German Brand.
An identifying mark burned on criminals with a branding iron

that causes them public shame or disgrace, for example – letter
‘T’ was branded on the hand of the burglars, ‘R’ was on the
forehead for repeated offenders, ‘B’ was on the forehead for
blasphemy.
Branding was used in Italy, India, England, USA but it is now

abolished due to humanitarianism.
4) Stoning:
The word ‘stoning’ originated from old English stan (noun), of
Germanic origin; related to Dutch steen and German Stein.
Throwing stones on the offender is another form of punishment,

which was followed in the Islamic countries, like – Saudi Arabia,
Pakistan, Iran etc.
Due to the barbaric nature, it has been abolished in many Islamic

countries.
5) Pillory:
The word ‘pillory’ originated from old French pilori, probably from
Provençal espilori (associated by some with a Catalan word
meaning ‘peephole,’ of uncertain origin).
Ϯϱϲ
The criminal is made to stand in a wooden or iron framework
with holes for the head & hands, in which he is imprisoned &
exposed to public abuse.
It was believed that the deterrence involved in the mode of

punishment had the most agonizing effect on the offender. It had
existed in most part of the world, including India during the
Mughol period but in slightly in different form.
Due to the cruel nature, it has been abolished in the Penal

systems. However, hanging of a condemned convict to death in
closed jail still remains in some countries.
6) Fines:
The word originated from old French fin ‘end, payment,’ or from
Latin finis ‘end’ (in medieval Latin denoting a sum paid on
settling a lawsuit). The original sense was ‘conclusion’ (surviving
in the phrase in fine); also used in the Medieval Latin sense, the
word came to denote a penalty of any kind, later specifically a
monetary penalty.
A sum of money exacted as a penalty by a court of law or other

authority. This is a common mode of punishment for offences,
such as – property crimes, minor offences, embezzlement, fraud,
theft, gambling, loitering disorderly conduct etc.
It is still used in almost all the sentencing systems of the world

for offences, which were not of a serious nature.
The Penal Code of Bangladesh 1860 provides for imposition of

fine –
(a) As the only disposition method;

(b) As an alternative to imprisonment i.e. imprisonment up to 2
or 3 years;
(c) As a punishment in addition to imprisonment;
(d) The actual amount of fine to be imposed is left to the
discretion of the sentencing court
The Supreme Court of India commented that –
Ϯϱϳ
“In imposing fine, it is necessary to have as much regard to the
pecuniary circumstances of the accused person as to the character
and magnitude of the offence”
[Adamji Umar Dalal v State (1952) AIR 1952 SC 14.]
There is argument that rich & wealthy peoples payment of fine

would virtually mean purchasing the punishment, so, fine is not
adequate as a punishment for offences, such as – adulteration,
tax-evasion, hoarding, bank frauds, financial scams, bribery etc.
7) Forfeiture of property:
The loss or giving up of property as a penalty for committing an
offence.
Section 53 of the Penal Code of Bangladesh 1860 provides

forfeiture of property as a form of punishment.
Section 126 of the Penal Code of Bangladesh 1860 provides that

“whoever commits depredation, or makes preparations to commit
depredation, on the territories of any Power in alliance or at
peace with Bangladesh, shall be punished with imprisonment of
either description for a term which may extend to seven years,
and shall also be liable to fine and to forfeiture of any property
used or intended to be used in committing such depredation, or
acquired by such depredation”.
Section 169 of the Penal Code of Bangladesh 1860 provides that
“Whoever, being a public servant, and being legally bound as such

public servant, not to purchase or bid for certain property,
purchases or bids for that property, either in his own name or in
the name of another, or jointly, or in shares with others, shall be
punished with simple imprisonment for a term which may extend
to two years, or with fine, or with both; and the property, if
purchased, shall be confiscated”.
8) Banishment:
Ϯϱϴ
The word ‘banishment’ originated from old French baniss-,
lengthened stem of banir; ultimately of Germanic origin and
related to ban.
It is ‘sending a criminal away from a country or place to a remote

place, such as – Andaman, Nicobar, as an official punishment.
The object was to disassociate the offender from his surroundings

so as to reduce his capacity to commit crime.
Mr Lombroso supported this mode of punishment as it

eliminates hopeless incorrigibles from native criminal population
and thus prevents then from demoralizing influences. 81
Mr Garofalo also supported it due to its deterrent effect.
In present days, it still exists in miniform called ‘externment’.
9) Solitary confinement:
This mode of punishment was intended for confining the
criminals in solitary prison-cells without work, i.e. eliminating
them from the society and incapacitating them from repeating
crime.
The deterrence involved was deemed necessary for prevention of

crime and Dr P. K. Sen observed that ‘it was perhaps the best
way to put an end to the criminal without resorting to bloodshed
or murder’.82
Section 73 of the Penal Code of Bangladesh 1860 provides that -
“Whenever any person is convicted of an offence for which under

this Code the Court has power to sentence him to rigorous
imprisonment, the Court may, by its sentence, order that the
offender shall be kept in solitary confinement for any portion or

81 Paranjape, N. V. : ‘Criminology and Penology’, 14 th ed., p. 247.
82 Sen, P. K. : ‘Penology – Old and New’, 1943, p. 33.
Ϯϱϵ
portions of the imprisonment to which he is sentenced, not
exceeding three months in the whole, according to the following
scale, that is to say-
(i) A time not exceeding one month if the term of imprisonment

shall not exceed six months;
(ii) A time not exceeding two months if the term of

imprisonment shall exceed six months and shall not exceed
one year;
(iii) A time not exceeding three months if the term of

imprisonment shall exceed one year”.
Section 74 of the Penal Code of Bangladesh 1860 provides that -
“In executing a sentence of solitary confinement, such

confinement shall in no case exceed fourteen days at a time, with
intervals between the periods of solitary confinement of not less
duration than such periods, and when the imprisonment awarded
shall exceed three months, the solitary confinement shall not
exceed seven days in any one month of the whole imprisonment
awarded, with intervals between the periods of solitary
confinement of not less duration than such periods”.
10) Imprisonment:
It’s a temporary elimination of criminals from the society and
keeping them captive in prison for a certain period of time.
[Naib Singh v State (1983) AIR 1983 SC

855] or [Kartik Biswas v Union of India
(2005) AIR 2005 SC 3440]
Imprisonment could be any period between one day to many

years, depending on the nature of offence.
Section 53 of the Penal Code of Bangladesh 1860 provides

imprisonment as a form of punishment.
ϮϲϬ
Section 55 of the Penal Code of Bangladesh 1860 provides that –
“in every case in which sentence of [transportation] for life shall

have been passed, [the Government] may, without the consent of
the offender, commute the punishment for imprisonment of either
description for a term not exceeding [fourteen] years”.
Section 57 of the Penal Code of Bangladesh 1860 provides that –
“In calculating fractions of terms of punishment, [transportation]

for life shall be reckoned as equivalent to [transportation for
twenty years]”.
Imprisonment still serves as an efficient measure of reforming

the criminal and at the same time protecting the society, thus
remains as one of the most accepted forms of punishment
throughout the world.
11) Capital Punishment:

It means legally authorized killing of someone as punishment for
a crime.
[Bachan Singh v State of Panjab (1980) 2 SCC 684]
In different nations, various methods applied for inflicting capital

punishment, such as – guillotine, gas chamber, electric chair,
firing squad, hangman’s rope (noose) etc.
According to Penal Code of Bangladesh 1860 offences

punishable with death sentence are:
(a) Murder (section 302);

(b) Treason or waging war against the government (section 121);
(c) Abetment of mutiny (section 132);
(d) Dacoity with murder (section 396);
(e) Attempt to murder by life convicts, if hurt is caused (section
307);
Ϯϲϭ
(f) Giving or fabricating false evidence upon which an innocent
person suffers death (section 194);
(g) Abetment of suicide of child or insane person (section 305);
(h) Kidnapping for ransom etc (section 364A)
12) Arguments for & against capital punishment:

For:
(i) It’s a fair retribution & saves potential future victims;
(ii) Worst crimes must be punished by it;
(iii) It serves as an effective deterrent;
(iv) It’s a just punishment to ensure justice for condemned

criminals;
(v) Victims family gets peace of mind;
(vi) Mr Garofalo supported it as the most efficient means of

eliminating criminals;
(vii) Sir James Fitz Stephen commented that ‘no other

punishment deters man as effectually from committing
crimes as the punishment of death’.
[Jagmohan Singh v State of U.P. AIR 1973

SC 947] or [Ediga Anamma v State of A.P.
AIR 1974 SC 799]
Against:
(i) If there’s a miscarriage of justice, innocent people will be
punished;
(ii) It’s a lethal vengeance which brutalizes the society;
(iii) It’s unjust & often discriminatory against poor;
(iv) It’s cannot be justified in terms of retributive purpose;

ϮϲϮ
(v) It’s indecent and uncivilized.
* 14.9 Effectiveness of punishment*
There are considerable controversies over the effectiveness of

punishment in reducing crime.
For example, most researchers have failed to find any systematic

relationship between crime rates and imprisonment rates: it is
equally probable for regions with high imprisonment rates to
have high or low crime rates, while increases or decreases in
rates of imprisonment are equally likely to be followed by
increases or decreases in crime, and so on.
Thus, the “three strikes” legislation passed in many U.S. states in

the 1990s, which imposed mandatory prison sentences after three
convictions, was found to have no effect on crime rates.
Even the death penalty appears to do little to reduce murder

rates, since most jurisdictions that use it have substantially
higher murder rates than jurisdictions that do not.
In general, criminologists believe that severe punishments are

not particularly effective in reducing high crime rates.
* 14.10 Punishment under Islamic law*
Traditional Islamic law (Shariah) divides crimes into two general

categories:
a) hadd crimes:
Several serious offenses, known as hadd crimes, are specifically
mentioned, along with their appropriate penalties, in the Holy
Quran.
The hadd punishment for theft, for example, was amputation of a

hand. In practice, however, many such punishments are
mitigated by social and political constraints.
Ϯϲϯ
Thus, a person who is caught stealing might negotiate a lenient
punishment by offering to pay for the item in question, often at a
much higher price.
b) tazir crimes:
Most other offenses in Islamic law are called tazir crimes
(discretionary crimes).
The punishment is left to the discretion of the qadt (judge), whose

options are often limited to traditional forms (imprisonment or
corporal punishment) but who may also feel obliged to enforce
punishments dictated by local customs and mores.
The imposition of fines is a traditional punishment that has

grown more common in some areas.
[Adamji Umar Dalal v State (1952) – The appellant Adamji

Umar Dalal was tried along with five other persons on the
following charges :- "Firstly, that you at Bombay on or about the
29th day of December, 1949, in contravention of Government
Notification No. 342/IV B, dated 27-1-46 issued under the
Essential Supplies (Temporary Powers) Act, 1946, attempted to
export by rail out of the State Of Bombay to Jalna, a place beyond
the limits of Bombay State, 50 barrels of kerosene oil, without
having any permit in that behalf, by misdescribing or causing the
misdescription of the said barrels of oil as high speed diesel oil,
and thereby committed an offence punishable under sections 7
and 8 of the Essential Supplies (Temporary Powers) Act.
He was accused for the booking of these barrels for Jalna in

Hyderabad State, along with the third lot of 15 barrels. In the
consignment note which concerned the 50 barrels purchased on
behalf of the first accused his firm was shown as the consignor
Ϯϲϰ
and the consignee was self. The consignment note was signed by
Sattar Latif. In these documents the goods were described as high
speed diesel oil. Similar consignment notes and risk notes were
prepared in respect of the other two consignments. There was a
ban on the export of kerosene oil to any place outside the State of
Bombay. All the barrels had a white paint on them. It appeared
to be new and below the paint on the barrels the words "Kerosene
oil" was visible. On these facts the prosecution started three
separate cases in respect of the three consignments of 50, 50 and
15 barrels respectively on the charges set out above against all
the six accused persons. All of them pleaded not guilty.
On appeal the convictions and sentences were maintained except

that the fine imposed on the fifth accused was remitted. The High
Court held that having regard to the manner in which the offence
was committed and the purpose for which kerosene was
attempted to be sent outside the State of Bombay which obviously
was to sell it in the black market the sentences passed could not
be regarded as excessive.]
Case Reference
[Naib Singh v State (1983) – Prisoner sentenced to

'imprisonment for life' not entitled to be set free after undergoing
14 years' rigorous imprisonment unless specific order commuting
sentence is passed under s. 55 I.P.C. or s. 433 (b), Cr. P.C., 1973.
Indian Penal Code, 1860-s. 302 read with 'Secondly of s. 53 and s.
32 of Prisoners Act, 1900-Sentence of 'imprisonment for life' is
executable in jails within the country.
In support of the claim that the petitioner should be released

forthwith it was contended: (i) The detention 'in jail' of a person
under 'imprisonment for life' is unlawful because, after the
enactment of s. 117 of the Cr. P.C. (Amendment) Act (26 of 1955),
though persons who commit murder have been made liable to the
newly substituted punishment of 'imprisonment for life' instead of
the earlier sentence of 'transportation for life' under s. 302, I.P.C.
read with 'Secondly' of s. 53, I.P.C., this new sentence has not
Ϯϲϱ
been made legally executable in jail; and like the sentence of
'transportation for life', it remains executable by way of
banishment or exile to the 'places' envisaged 771.
‘Imprisonment for life' can be executed only by the convict being

'removed to the place or places' required to be appointed under s.
32 of the Prisoners Act, 1900 and since no such 'place or places'
have been appointed under the aforesaid provision by the State
Government, the executing authorities are obliged by the present
state of the law to 'execute' or 'carry out' the said sentence in jail
indirectly by way of commuting it for imprisonment of either
description for a term not exceeding 14 years under s. 55, I.P.C.
or s. 433 (b), Cr. P.C., 1973; and (iv) Although no such formal
order of commutation had been passed in the case, the petitioner
having been subjected to rigorous imprisonment for a period of 14
years, the State Government should be deemed to have passed
such an order.
HELD. Since the petitioner's sentence has not been commuted for
imprisonment for a term not exceeding 14 years either under s.
55, I.P.C. or s. 433 (b), Cr. P.C. 1973 by the appropriate
Government, he is liable to serve his sentence until the
remainder of his life in prison under the ruling of this Court in
Gopal Godse's case (1961) 3 SCR 440.]
Case Reference
[Kartik Biswas v Union of India (2005) – The petitioner in

this writ petition under Article 32 of the Constitution had been
found guilty of the offence of murder under Section 302 read with
Section 34 IPC by the Sessions Court and had been undergoing
sentence of imprisonment for life. His conviction and sentence
was affirmed by the High Court and later confirmed by this
Court. The petitioner alleges that he has already undergone more
than 21 years imprisonment at the time of filing of the writ
petition and contended that his further detention is illegal and
that he is liable to be set at liberty forthwith, for which he seeks a
writ of habeas corpus and prays for payment of compensation for
Ϯϲϲ
his alleged illegal detention beyond the period of fourteen years.
According to the petitioner, the length of the duration of the
imprisonment for life is equivalent to 20 years imprisonment and
that too subject to further remission admissible under law. He
contends that on completion of this term he was liable to be
released under rule 751(c) of the West Bengal Jail Code. He relies
on the Explanation to Section 61 of the West Bengal Correctional
Services Act, 1992 (West Bengal Act XXXII of 1992) where under
the imprisonment for life is equated to a term of 20 years
imprisonment.
Another contention raised by the petitioner is that the petitioner

was sentenced to "imprisonment for life", a punishment
introduced by the Code of Criminal Procedure (Amendment) Act
26 of 1955 as one form of punishment distinct from the
punishment of rigorous or simple imprisonment shown in clause
(4) of Section 53 of the Code of Criminal Procedure. According to
the petitioner, the Executive authorities have converted it into
"rigorous imprisonment for life" and this according to the
petitioner was not warranted by the provisions of the law and the
same can be done only by commutation of the punishment under
Section 55 of the Indian Penal Code to rigorous imprisonment for
a term not exceeding 14 years. In other words, the argument of
the petitioner is that imprisonment for life shall not be treated as
rigorous imprisonment and it would only be a simple
imprisonment till a proper commutation order is passed under
Section 55 of the IPC.
The petitioner has also raised another contention that

imprisonment for life has not been made legally executable in jail
either under the Criminal Procedure Code 1898 or 1973 or any
other law and the officer in charge of jail can be the person at the
place envisaged under Section 32 of the Prisoners' Act (Act 3 of
1900) just for the intermediate custody and that he is bound to
deliver the person over to the appropriate authority and custody
for the purpose of removal to the places for carrying out or
executing the sentence and in this behalf reliance was placed on
the Forms of Warrant of Commitment prescribed under Section
Ϯϲϳ
383 and 386 of the Cr.P.C. 1898.
Lastly the petitioner contended that in any case the petitioner is

liable to be released from detention on completion of twenty years
imprisonment.
All the contentions rose by the petitioner fail and the petitioner is
not entitled to be released on any of the grounds urged in the writ
petition so long as there is no order of remission passed by the
appropriate government in his favour.]
Case Reference
[Bachan Singh v State of Panjab (1980) 2 SCC 684– Bachan

Singh, the appellant in this case, was tried and convicted and
sentenced by the Sessions Judge to death under section 302,
Indian Penal Code for the murders of Desa Singh, Durga Bai and
Veeran Bai. The High Court confirmed his death sentence and
dismissed his appeal. He appealed to the Supreme Court by
special leave. A Bench of the Supreme Court consisting of
Sarkaria and Kailasam, JJ.heard the appeal and directed the
records of the case to be submitted to the Hon'ble Chief Justice,
for constituting a larger Bench to resolve the question of
constitutional validity of death penalty for murder provided in
section 302 of the Indian Penal Code, and the sentencing
procedure embodied in sub-section (3) of section 354 of the
Cr.P.C., 1973.
Held:Section 302 of the Indian Penal Code insofar as it provides

for the death sentence as also section 354(3) of the Code of
Criminal Procedure, 1973 is constitutionally valid. Exercise of
discretion under section 354(3), Cr.P.C. should be in exceptional
and grave circumstances and imposition of death sentence should
only be in rarest of rare cases.
Comment: Judges should never be bloodthirsty. Hanging of

murderers has never been too good for them. Facts and figures
albeit incomplete, furnished by the Union of India, show that in
Ϯϲϴ
the past Courts have inflicted the extreme penalty with extreme
infrequency-a fact which attests to the caution and compassion
which they have always brought to bear on the exercise of their
sentencing discretion in so grave a matter.]
Case Reference
[Jagmohan Singh v State of U.P. AIR 1973 SC 947]
ACT:
Indian Penal Code S. 302--Validity--Provision for sentence of
death whether violative of freedoms under Art. 19 Constitution
of India--Whether suffers from excessive delegation--Whether
violative of Art. 14 -Whether deprives accused of his life without
any "procedure established by law" within meaning of Art 21.
Fact:
The sentence of death for an offence under S. 302 of the Indian
Penal Code imposed on the appellant by the Sessions Judge and
confirmed by he High Court was challenged in appeal by
special leave in this Court on the following grounds: (i) that
the death sentence puts an end to all fundamental rights
guaranteed under clauses (a) to (g) of sub-clause (ii) of Art. 19 of
the Constitution and therefore the law with regard to capital
sentence is unreasonable and not in the interest of the general
public; (ii) that the discretion invested in the Judges to impose
capital punishment is not based on any standards or policy
required by the Legislature for imposing capital
punishment in preference to imprisonment for life; (iii) that the
uncontrolled and unguided discretion in the Judges to impose
capital punishment or imprisonment for life is hit by Art.14 of
the Constitution (iv) that the provisions of the law do not provide
a procedure for trial off actors and circumstances crucial for
making the choice between the capital penalty and imprisonment
for life, and therefore Art. 21 is violated.
Dismissing the appeal.

Ϯϲϵ
HELD:
(i) Articles 72(1)(c), and 134 of the Constitution and entries 1
and 2 in List III of the Seventh Schedule o the Constitution
show that the Constitution makers had recognized the
death sentence as a permissible punishment and had made
constitutional provisions for appeal, reprieve, and the like.
But, more important than these provisions in the
Constitutionis Art 21, which. provides that no person shall
be deprived of his life except according to procedure
established by law. The implication is very clear.
Deprivation of life is constitutionally permissible if that is
done according to procedure established bylaw. In the face
of these indications of constitutional postulates, it will be
very difficult to hold that capital sentence was regarded per
se as unreasonable or not in the public interest.
In the context of our Criminal law, which punishes murder,

one cannot ignore the fact that life imprisonment works out
in most cases to a dozen years of imprisonment and it may
be seriously questioned whether that sole alternative will
be an adequate substitute for the death penalty. Proposals
for its abolition have not been accepted by Parliament. In
this state of affairs, it cannot be said that capital
punishment, as such, is either unreasonable or not in public
interest. [549C-F; 552B]
(ii) In India, the onerous duty of passing the death sentence

is cast on Judges, and, for more than a century judges have
been carrying out this duty under the Indian Penal Code.
The impossibility of laying down standards is at the very
core of the Criminal law as administered in India' which
invests the judges with a very wide discretion in the matter
of fixing the degree of punishment. That discretion in the
matter of sentence is liable to be corrected by superior
Courts. The exercise of judicial discretion on well recognised
principles is, in the final analysis, the safest possible
ϮϳϬ
safeguard for the accused. [559B]
(iii) Crime as crime may appear to be superficially the same, but

the facts and circumstances of- a crime are widely different,
and, since a decision of the court as regards punishment is
dependent upon a consideration of all the facts and
circumstances, there is hardly any ground. for a challenge
under Art. 14. [559G]
(iv) The accused in a trial for murder has opportunities at various

stages of the trial to bring on record facts and circumstances
that would justify, on conviction, the lesser penalty of life
imprisonment. There is also nothing in the Criminal
Procedure Code which prevents additional evidence being
taken. It is, however, not the experience of criminal courts
in India that the accused with a view to obtaining are duce
sentence, ever offers to call additional evidence. [561B]
It is necessary to emphasize that the court is principally

concerned with facts and circumstances, whether aggravating or
mitigating, which are connected with the particular crime under
inquiry. All such facts and circumstances are capable of being
proved in accordance with the provisions of the Indian Evidence
Act in a trial regulated by the Cr.P.C. The trial does not come to
an end unlit all the relevant facts are proved and the counsel on
both sides have an opportunity to address the court. The only
thing that remains is for the Judge to decide on the guilt and
punishment and that is what, section 306(2) and 309(2) Cr.P.C.
purport to provide for. These provisions are part of the procedure
established bylaw, and, unless it is shown that they are in valid
for any other reason, they must be regarded as valid. No
reasons were offered to show that they are constitutionally
invalid, and hence, the death sentence imposed after trial in
accordance with the procedure established. by law is not
unconstitutional under Art. 21. [561C]
Case Reference
Ϯϳϭ
[Ediga Anamma v State of A.P. AIR 1974 SC 799]
ACT:
Criminal Law—Practice and Procedure—Offence of murder--
Circumstances justifying lesser sentence.
Fact:
The appellant, a rustic young woman, flogged out of her
husband's house by her father-in-law, was living with her
parents with her only child. She committed a premeditated,
cleverly planned murder of another young woman and her child
because of rivalry between the appellant and the murdered
woman for the affections of an illicit lover. The Sessions court
awarded the death sentence and the High Court confirmed.
In appeal to this Court.
HELD :
The death sentence must be dissolved and life sentence
substituted.
(i) Modern penology regards crime and criminal as equally
material when the right sentence has to be picked out
although in our processual system there is neither
comprehensive provision nor adequate machinery for
collection and presentation of social and personal data of
the culprit to the extent required in the verdict on
sentence. However, in the Criminal Procedure Bill, 1973,
Parliament has wisely written into the law a post conviction
stage when the judges shall "hear the accused on the
question of sentence and then pass sentenced on him
according to law." [334 C]
The unmistakable shift in legislative emphasis is that life
imprisonment for murder is the rule and capital sentence
the exception to be resorted to for reasons to be stated. The
disturbed conscience of the state on the vexed question of
legal threat to life by way of death sentence has sought to
express itself legislatively, the stream of tendency being to
wards cautious partial abolition and the retreat from total
retention. [336 H]
Code of Criminal Procedure Section 367(5) as amended by
Act
ϮϳϮ
26 of 1955; Criminal Procedure Bill, 1973, Sections 235,
238and 354(3); Indian Penal Code (Amendment) Bill,
1972,
Section 122, referred to.
(ii) The case on hand has to be disposed of under the present
Code and the Court has to fall back upon the method of
judicial bunch in imposing or avoiding capital sentence
aided by such circumstances as are present on the record
introduced for the purpose of proving guilt. [334 D]
(iii) In the present case the criminal's social and personal
factors, her feminity and youth, her unbalanced sex and
expulsion from the conjugal home and being the mother of a
young boy-these individually inconclusive and cumulatively
marginal facts and circumstances tend towards awarding
of life imprisonment. [339 B--C]
Ϯϳϯ
Ϯϳϰ
Chapter-15
THE PRISON
Ϯϳϱ
Chapter 15
THE PRISON
15.1 Introduction
15.2 Definition of prison
15.3 Objects of prison system

15.4 Development of the prison system in Indian sub-continent
15.5 Functions of the prison
15.6 International standard of prison
15.7 Special types of prison
Youth detention facilities
Women's prisons
Military prisons and prisoner-of-war camps
Political prisons and administrative detention
Psychiatric facilities
15.8 Prison system in Bangladesh

15.9 Types of prison in Bangladesh
a) Central
b) District
15.10 Organizational structure of the prison in Bangladesh

15.11 Classification of prisoners
15.12 Capacity of prisons in Bangladesh
15.13 Jail Codes
The Prisons Act 1894
Ϯϳϲ
The Prisoners Act 1900
The Identification of Prisoners Act 1920
Rules for superintendence and management of jails
subordinate jails
15.14 Human Rights violations in prisons

15.15 Problems of prisons in Bangladesh
Overcrowding
Under-trial prisoners
Discipline
Prisoners health
Criminality in prison
Wages
Privilege
Female prisoners
15.16 Right of the Prisoners

15.17 Resolving Prison Problems
Ϯϳϳ
* 15.1 Introduction *
Prison means a place or area, which is used under the general or

specific order of state Government, for the temporary or
permanent detention of prisoners or for the confinement of those
persons convicted by a court. The term ‘prison’ includes all lands
and buildings used for this purpose.
* 15.2 Definition of prison *
The word ‘prison’ originated from old French prisun, from Latin
prensio(n-), variant of prehensio(n-) ‘laying hold of,’ from the verb
prehendere.
A prison or jail is a facility in which criminals are forcibly

confined & denied a variety of freedoms under State/Government
authority.
Prof. Sethana said that–
“Prisons are those places where the convicted persons are kept or
where the persons on whom proceedings are going on in the court,
are kept”.
* 15.3 Objects of prison system *

Types of punishment differ for each prisoner, which depends on
the gravity of the offence & terms or punishment awarded to
them. The real purpose of prison is to transform criminals into
honest & law abiding citizens.
Sometimes government regimes also frequently use prisons and

jails as tools of political repression to punish political crimes,
often without trial or other legal due process; this use is illegal
Ϯϳϴ
under most forms of international law governing fair
administration of justice.
During times of war or conflict, prisoners of war may also be

detained in military prisons or war camps, and large groups of
civilians might be imprisoned in internment camps.
* 15.4 Development of the prison system in

Indian sub-continent *
During the 16th century, a number of houses of correction were

established in Europe for the rehabilitation of minor offenders
and vagrants, which emphasized strict discipline and hard
labour.83
Over time, imprisonment came to be accepted as an appropriate

method of punishing convicted criminals.
Poor sanitation in those institutions caused widespread disease

among prisoners, who were generally held unsegregated, without
any consideration for gender or legal status. Outbreaks of
epidemic typhus, known as “jail fever,” occasionally killed not
only prisoners but also jailers and (more rarely) judges and
lawyers involved in trials.
The modern prison developed in the late 18 th century in part as a

reaction to the conditions of the local jails of the time. 84The
concept of the prison as a penitentiary (that is, as a place of
punishment and personal reform) was advocated in this period by
the English jurist and philosopher Mr Jeremy Bentham, among
others.
In the early 19th century, prisons were established in the U.S.

states of Pennsylvania and New York. As use of the new type of

83 Welch, Michael : ‘A Social History of Punishment and Corrections - Corrections:
A Critical Approach, McGraw-Hill, 2004.

84 West, Charles E. : ‘Horrors of the prison ships: Dr. West's description of the
wallabout floating dungeons, how captive patriots fared’, Eagle Book Printing
Department, 1895.
Ϯϳϵ
prison expanded, administrators began to experiment with new
methods of prisoner rehabilitation, such as – in USA, solitary
confinement of criminals came to be viewed as an ideal, because it
was thought that solitude would help the offender to become
penitent and that penitence would result in rehabilitation.
Each prisoner remained in his cell or its adjoining yard, worked

alone at trades such as weaving, carpentry or shoemaking, and
saw no one except the officers of the institution and an occasional
visitor from outside.
This method of prison management, known as the “separate

system” or the “Pennsylvania system,” became a model for penal
institutions constructed in several other U.S. states and
throughout much of Europe. A competing philosophy of prison
management, known as the “silent system” or the “Auburn
system,” arose at roughly the same time.
Although constant silence was strictly enforced, the

distinguishing feature of this system was that prisoners were
permitted to work together in the daytime (at night they were
confined to individual cells).
Both systems held to the basic premise that contact between

convicts should be prohibited in order to minimize the bad
influence inmates might have on one another.
Vigorous competition between supporters of the two systems

followed until about 1850, by which time most U.S. states had
adopted the silent system.85
The concept of personal reform became increasingly important in

penology, resulting in experimentation with various methods. For
example - the mark system, which was developed about 1840 by
Capt. Alexander Maconochie at Norfolk Island, an English penal
colony east of Australia.
Instead of serving fixed sentences, prisoners were required to

85 Lewis, W. David : ‘From Newgate to Dannemora: The Rise of the Penitentiary in
New York, 1796-1848, Cornell University Press, 2009.

ϮϴϬ
earn credits, or “marks,” in amounts proportional to the
seriousness of their offenses. Credits were accumulated through
good conduct, hard work, and study, and they could be withheld
or subtracted for indolence or misbehaviour. Prisoners who
obtained the required number of credits became eligible for
release.
The mark system presaged the use of indeterminate sentences,

individualized treatment, and parole. Above all it emphasized
training and performance, rather than solitude, as the chief
mechanisms of reform. Further refinements in the mark system
were developed in the mid-19th century by Sir Walter Crofton,
known as the Irish system.
In the Irish system, prisoners progressed through three stages of

confinement before they were returned to civilian life. The first
portion of the sentence was served in isolation. After that,
prisoners were assigned to group work projects. Finally, for six
months or more before release, the prisoners were transferred to
‘intermediate prisons’, where they were supervised by unarmed
guards and given sufficient freedom and responsibility to
demonstrate their fitness for release.
Release nonetheless depended upon the continued good conduct of

the offender, who could be returned to prison if necessary. Many
features of the Irish system were adopted by reformatories
constructed in the United States in the late 19th century for the
treatment of youthful and first offenders.
The leaders of the reformatory movement advocated the

classification and segregation of various types of prisoners,
individualized treatment emphasizing vocational education and
industrial employment, indeterminate sentences and rewards for
good behaviour, and parole or conditional release.
The reformatory philosophy gradually permeated the entire U.S.

prison system, and the American innovations, in combination
with the Irish system, had great impact upon European prison
practices, leading to innovations such as the Borstal system of
Ϯϴϭ
rehabilitation for youthful offenders in the 20 th century.86
* 15.5 Functions of the prison*
The basic functions of prisons are as follows:

(a) Social isolation & confinement, i.e. to isolate an offender
from society because he has proved to be a threat to its
organization, stability and cohesion, and to keep him put of
circulation.
(b) Repentance, i.e. to keep an offender in an isolated place

where he could ponder over the consequences of his wrong
deeds.
(c) Punishment and deterrence, i.e. to inflict some pain and

suffering on an offender for violating legal norms, so that
criminals should be worse of than the poorest of honest
citizens.
(d) Protection, i.e. protecting community from criminals by

marking out persons who violate laws and stigmatizing them
so that others are warned against them.
Criminal = Deviance + Prosecution + Stigma
(e) Reformation, i.e. to change offender’s values, motivations,

attitudes and perceptions and to re-socialise him to
community.
* 15.6 International standard of prison*
The United Nations has set the international minimum

86 Eriksson, Torsten : ‘The reformers: an historical survey of pioneer experiments
in the treatment of criminals’, Elsevier Scientific Pub. Co.,1976.

ϮϴϮ
standard of prison, which are as follows: 87
(a) Rule 57: “Imprisonment and other measures which result in

cutting off an offender from the outside world are afflictive by
the very fact of taking from the person the right of self-
determination by depriving him of his liberty. Therefore the
prison system shall not, except as incidental to justifiable
segregation or the maintenance of discipline, aggravate the
suffering inherent in such a situation”;
(b) Rule 58: “The purpose and justification of a sentence of

imprisonment or a similar measure deprivative of liberty is
ultimately to protect society against crime. This end can only
be achieved if the period of imprisonment is used to ensure, so
far as possible, that upon his return to society the offender is
not only willing but able to lead a law-abiding and self-
supporting life”;
(c) Rule 59: “To this end, the institution should utilize all the
remedial, educational, moral, spiritual and other forces and
forms of assistance which are appropriate and available, and
should seek to apply them according to the individual
treatment needs of the prisoners”;
(d) Rule 61: “The treatment of prisoners should emphasize not

their exclusion from the community, but their continuing part
in it. Community agencies should, therefore, be enlisted
wherever possible to assist the staff of the institution in the
task of social rehabilitation of the prisoners. There should be
in connection with every institution social workers charged
with the duty of maintaining and improving all desirable
relations of a prisoner with his family and with valuable
social agencies. Steps should be taken to safeguard, to the
maximum extent compatible with the law and the sentence,
the rights relating to civil interests, social security rights and
other social benefits of prisoners”;

87 www.un.org
Ϯϴϯ
(e) Rule 62: “The medical services of the institution shall seek to
detect and shall treat any physical or mental illnesses or
defects which may hamper a prisoner's rehabilitation. All
necessary medical, surgical and psychiatric services shall be
provided to that end”.
The United Nations General Assembly adopted a resolution

3452 (XXX) on 9 December 1975 for the treatment of prisoners,
which are:88
(a) Article 8: “Any person who alleges that he has been subjected
to torture or other cruel, inhuman or degrading treatment or
punishment by or at the instigation of a public official shall
have the right to complain to, and to have his case impartially
examined by, the competent authorities of the State
concerned”;
(b) Article 9: “Wherever there is reasonable ground to believe

that an act of torture as defined in article 1 has been
committed, the competent authorities of the State concerned
shall promptly proceed to an impartial investigation even if
there has been no formal complaint”.
* 15.7 Special types of prison*
The followings are the special types of prison, which could be seen
in most countries in the world:
Youth detention facilities:

Prisons for juveniles are known by a variety of names, including
"youth detention facilities", "juvenile detention centers", and
"reformatories".89

www.un.org
88
Welch, Michael : ‘Juveniles in Corrections". Corrections: A Critical Approach.

89
McGraw-Hill’, 2004.
Ϯϴϰ
The idea of separately treating youthful and adult offenders is a
relatively modern idea. The earliest known use of the term
"juvenile delinquency" was in London in 1816, from where it
quickly spread to the United States and then to the world.
Besides prisons, many other types of residential placement exist

within juvenile justice systems, including youth homes,
community-based programs, training schools and boot camps.
Like adult facilities, youth detention centers in some countries
are experiencing overcrowding due to large increase rates of
young offenders.
Crowding can create extremely dangerous environments in

juvenile detention centers and juvenile correctional facilities.
Overcrowding may also lead to the decrease in availability to

provide the youth with much needed and promised programs and
services while they are in the facility.
Many times the administration is not prepared to handle the

large number of residents and therefore the facilities can become
unstable and create instability in simple logistics.
In addition to overcrowding, juvenile prisons are questioned for

their overall effectiveness in rehabilitating youth.
Many critics note high juvenile recidivism rates, and the fact that
the most of the youths that are incarcerated are those from lower
socio-economic classes (who often suffer from broken families,
lack of educational/job opportunities, and violence in their
communities).
Women's prisons:
A growing awareness that female prisoners had different needs
than male prisoners led to the establishment of the first prison
for women, namely ‘Andrew Mercer Reformatory’ in Canada in
1874.90

90 Brown, Sherri : “Working with Women who are Survivors of the United States
'Corrections' Systems: Challenges for Social Service Workers", Lecture at

University of Massachusetts, Amherst MA, April 2011.
Ϯϴϱ
The objective of the Andrew Mercer Reformatory was to create a
homelike atmosphere for its female inmates and to teach them
the skills necessary to lead a decent life once their sentence
expired.
The Female inmates experience high rates of rape and sexual

violence while incarcerated. Research documents numerous cases
in which women are at a significantly higher risk than men for
being sexually abused before and during prison.
Sexual offenses against women prisoners can include rape,

assault, and groping during pat frisks.
Male correctional officials often violate women prisoners’ privacy

by watching them undress, shower, and go to the bathroom.
Incarcerated women suffer disproportionately from HIV/AIDS,

infectious disease, reproductive issues, and chronic diseases.
The needs of mothers during of pregnancy and childbirth often

conflict with the demands of the prison system.
Very few of these women receive prenatal care, which can be very
detrimental to both the mother and child, especially when
coupled with inmates’ histories of inadequate health care as well
as sexual, physical and substance abuse. Most of these
pregnancies are deemed as high risk.
Additionally, a lack of maternity clothes and resources to deal

with premature births, false labors, and miscarriages pose serious
challenges to prisoners.
Military prisons and prisoner-of-war camps:

Prisons have formed part of military systems since the French
Revolution, when France set up its system in 1796 and
Ϯϴϲ
modernized in 1852.91
They are used variously to house prisoners of war, unlawful

combatants, those whose freedom is deemed a national security
risk by military or civilian authorities, and members of the
military found guilty of a serious crime.
In the First World War, millions of prisoners were held on both

sides, with no major atrocities. Officers received privileged
treatment.
There was an increase in the use of forced labor throughout

Europe. Food and medical treatment were generally comparable
to what active duty soldiers received, and housing was much
better than front-line conditions.
Political prisons and administrative detention:

Single cells in the B-Section courtyard of Robben Island
Maximum Security Prison, which was used to house political
prisoners in South Africa from 1961 to 1991.92
Many of the people (such as Nelson Mandela) who were involved

in resistance against the apartheid government were confined on
Robben Island.
Political prisoners are people who have been imprisoned because

of their political beliefs, activities and affiliations.
There is much debate about who qualifies as a "political

prisoner". The category of "political prisoner" is often contested,
and many regimes that incarcerate political prisoners often claim
that they are merely "criminals".
Others who are sometimes classified as "political prisoners"

91 Chesson, Michael B. : ‘Prison Camps and Prisoners of War’, by Steven E.
Woodworth, ed. The American Civil War, 1996.

92 James, Joy : ‘Imprisoned Intellectuals: America's Political Prisoners Write on
Life, Liberation, and Rebellion’, Rowman & Littlefield, 2003.

Ϯϴϳ
include prisoners who were politicized in prison, and are
subsequently punished for their involvement with political
causes.
Many countries maintain or have in the past had a system of

prisons specifically intended for political prisoners.
In some countries, dissidents can be detained, tortured, executed,

and/or "disappeared" without trial. This can happen either
legally, or extra legally (sometimes by falsely accusing people and
fabricating evidence against them).
Administrative detention is a classification of prisons or detention

centers where people are held without trial.
Psychiatric facilities:
Some psychiatric facilities have characteristics of prisons,
particularly when confining patients who have committed a crime
and are considered dangerous.
In addition, many prisons have psychiatric units dedicated to

housing offenders diagnosed with a wide variety of mental
disorders.
* 15.8 Prison system in Bangladesh *
The Prisons Act (Act no IX of 1894), Civil Procedure Code 1908,

Penal Code (Act no XLV of 1860), Criminal Procedure Code 1898,
Jail Code 1894 etc. are relevant laws to prison in Bangladesh.
Prison system conditions remained harsh and at times life

threatening due to overcrowding, inadequate facilities, and lack
of proper sanitation. Human rights observers stated that these
conditions contributed to custodial deaths.
Due to overcrowding, prisoners slept in shifts and did not have

adequate toilet facilities. All prisoners have the right to medical
care and water. Human rights organizations and the media
stated that some prisoners did not enjoy these rights.
Ϯϴϴ
Water available in prisons was comparable with water available
in the rest of the country, which was often not potable.
Conditions in prisons and often within the same prison complex

varied widely because some prisoners were lodged in areas
subject to high temperatures, poor ventilation, and overcrowding
while others were placed in “divisional” custody, which featured
better conditions, including increased family visitation and access
to household staff.
The law requires that juveniles be held separately from adults,
but in practice many juveniles were incarcerated with adults.
Children were sometimes imprisoned (occasionally with their
mothers) despite laws and court decisions prohibiting the
imprisonment of minors.
* 15.9 Types of prison in Bangladesh*
There are two types of prison in Bangladesh:
a) Central:
It’s a maximum-security prison, which accommodates prisoners

who are sentenced to death, imprisonment for life.
It also accommodates administrative detainees and undergoing

trial prisoners.
b) District:
It is a medium security prison located in each district and holds

all types of prisoners.
Ϯϴϵ
* 15.10 Organizational structure of the prison in
Bangladesh *
Inspector General (IG) of Prisons

Deputy Inspector General (DIG) of Prisons

Central prisons District jails

Superintendent Subsidiary jails

Dy. Superintendent Superintendent

Medical officers & Jailor
Compounders

Intramural wardens Dy. Jailor
Reserve Jailors Assist. Medical Intramural

wardens Officers & wardens
Compounders
Matrons Reserve Female

wardens wardens
* 15.11 Classification of prisoners *
Prisoners are generally classified into two categories:

(a) Casual, who stays in district/medium custody jail.
(b) Hardened, who are kept in central/conventional jail.
* 15.12 Capacity of prisons in Bangladesh*
The Prisons of Bangladesh has accommodation for about 27,300

prisoners but around 80000-90000 prisoners live in those prisons.
Due to overcrowding, prisons become incompatible for prisoners and
make it difficult to provide standard services and facilities to them.
ϮϵϬ
The present scenario of prisons in Bangladesh are as
follows:93
Year Prison population total Prison population rate

1993 41,618 36
1996 43,100 35
1999 55,905 43
2002 68,178 49
2005 74,766 52
2008 86,838 59
2011 69,850 45
2012 70,863 47
2013 86,346 58
2014 91,638 61
* 15.13 Jail Codes*
Jail Codes of Bangladesh consists the following provisions:

The Prisons Act 1894;
The Prisoners Act 1900;
The Identification of Prisoners Act 1920;
Rules for superintendence and management of jails;
subordinate jails.
The Prisons Act 1894:

The Act defines prison as any jail or place used permanently or
temporarily for the detention of prisoners under the general or
special orders of the government. [section 3]
Every prison is managed by a Superintendent, a Medical officer, a

Medical subordinate, a Jailer and other officers and employees
under the general control and superintendence exercised by the
Inspector General of Prisons. [section 6]
Prisoners are admitted to, removed and discharged from the

93 www.prison.gov.bd
Ϯϵϭ
prison, disciplined and punished, employed, medically treated
and provided with food, clothing and bedding under the
provisions of this Act. [sections 24, 26, 31]
There are also provisions for separation of male and female

prisoners, male minor prisoners and male adult prisoners,
convicted prisoners, criminal prisoners and civil prisoners.
[section 27]
The Act stipulates for keeping together or in segregation of

convicted criminal prisoners, solitary confinement in a cell of any
such prisoner and confinement of a prisoner sentenced to death in
a separate cell. [section 30]
Another important provision allows visitors including legal

advisers to meet under-trial criminal prisoners and also to visit
civil prisoners. [section 40]
The Act also allows for confining a dangerous prisoner or a

prisoner sentenced to imprisonment for life with iron chain,
fetters or handcuffs. [section 57]
The Prisoners Act 1900:

Under the Prisoners Act 1900, prison includes any place declared
by the government by general or special order as a subsidiary jail.
[section 2]
This Act authorizes an officer in charge of prison to receive and
detain any person duly committed to his custody by any court in
the prison until such person is discharged or removed there from
in due course of law. [section 3]
Detention of such a person in the reformatory school shall mean

detention in prison. [section 14]
A prisoner may be removed from one prison to another under order

of the government or Inspector General of Prisons. [section 29]
ϮϵϮ
There is also provision for removal from the prison of a convicted
prisoner suffering from lunacy to a lunatic asylum or any other
place for his safe custody and treatment and for his removal back
to the prison after his treatment to undergo the unexpired period
of sentence, if any, and for reckoning the period of his
confinement in the lunatic asylum as the part of the term of his
detention or imprisonment ordered by the court to be undergone
by him. [section 30]
There are also provisions for service of process of the court on the
prisoners, requiring them to attend civil or criminal courts to give
evidence or answer charge, and examine them on commission
issued by the court in case of any prohibition by the government
of their removal from jail to give evidence before the court or
abstention of the jail authority to do so due to sickness or
infirmity of the prisoner or other causes. [sections 35, 37]
The Identification of Prisoners Act 1920:

There are provisions for taking measurements and photograph of
a convicted prisoner and measurements only of an under-trial
prisoner. [section 4]
A magistrate of the first class can also pass an order for taking by
a police measurements or photograph of any person for the
purpose of any investigation or proceeding under the criminal
procedure code if the prisoner was previously arrested in
connection with such investigation or proceeding. [section 5]
There is also provision for destruction of measurements or
photograph taken of an under-trial prisoner after his discharge or
acquittal by the court unless he was previously convicted of an
offence punishable with rigorous imprisonment for one year or
more. [section 7]
Rules for superintendence and management of jails:

Rules for the superintendence and management of jails classify
the jails into central, district, subsidiary and special jails.
If a prisoner is sentenced to suffer imprisonment for more than 14
Ϯϵϯ
days he shall be removed from the subsidiary jail to the district
jail unless otherwise declared by the Inspector General of Prisons.
The District Magistrate (now Deputy Commissioner) has general

control over the district jail and the Superintendent has control of
detailed management subject to the lawful orders of the District
Magistrate.
In case of a central jail, which is also a district jail the District

Magistrate shall have control as regards prisoners belonging to
the district.
The District Magistrate is required to visit the district jail once a

week and in case of his inability to send his subordinate
magistrate for the purpose.
The District Magistrate shall be subject to the control of the

Inspector General of Prisons in all matters affecting the discipline
of the jail, and shall report to him all-important steps taken by
him.
There is also provision for visiting the jails by official and non-
official visitors and recording their remarks about actual facts
coming to their knowledge in course of their visits, and
suggestions made by them and action taken by the
superintendent on the same to be recorded in the visitors’ minute
book.
The superintendent manages the prison in all matters relating to
discipline, labour, expenditure, punishment and control with the
assistance of the Jailer and other officers, and wardens and head
wardens to be appointed and dismissed by him, subject to the
orders of the Inspector General of Prisons.
Subject to the control of the Superintendent and general control

of the Inspector General of Prisons, the Medial Officer shall have
charge of sanitary administration of the prison, and his duties
shall embrace every matter affecting the health of the prisoners
and general hygiene of the jail.
Ϯϵϰ
He shall from time to time change the general diet and may order
special diet for the sick, aged and infants.
He visits the patients in the hospital daily and examines

prisoners complaining of illness and admits them, if necessary, to
hospital.
The Medical Officer is required to attend all members of the jail

staff and their families who reside in the jail premises.
Medical subordinates assist the Medical Officer in attending the

prisoners for their treatment, cleanliness, order and discipline in
the hospital, and supervision of the duties of the compounder and
attendants. He is also to ensure cleanliness and hygienic
condition of the jail, and inspect the food store and kitchen daily
to ensure quality of the food.
On arrival in the jail every prisoner is provided with a history
ticket in which particulars about the prisoner and every
occurrence of importance in the jail life of that prisoner and every
order relating to him are recorded in a chronological order.
There are provisions for preparation and sending of petitions of

appeal by the jail authority on behalf of the convicted prisoner at
his desire to the appellate court.
There are detailed provisions for separation of civil prisoners,

under-trial prisoners, female prisoners, male prisoners of
different ages.
There are also detailed provisions for maintaining discipline and

daily routine by the prisoners in the jail.
Heinous offences committed by the prisoner in the jail are

punishable by the court on his being sent to the court by the jail
authority, as the Superintendent cannot punish those.
There are provisions relating to treatment of prisoners in cells.
Ϯϵϱ
There are also stipulations for ordinary remission of part of the
sentence of a prisoner for good conduct, industry and due
performance of his daily task, and special remission for special
services rendered by the prisoner.
Rules for the superintendence and management of

subsidiary jails:
Subsidiary jails were established at the headquarters of former

sub-divisions of districts, now upgraded to districts under
section 541 of the Code of Criminal Procedure 1898 for the
confinement of criminal prisoners both convicted and under-trial.
Prisoners sentenced to more than 14 days are not ordinarily kept

in the subsidiary jail, and are required to be sent to the district
jail within 14 days.
The general control and supervision of all subsidiary jails are
vested in the Inspector General of Prisons, and all magistrates
and subsidiary jail officers are required to obey the orders issued
by him in all matters relating to the internal economy, discipline
and management of subsidiary jails.
Inspector General of Prisons shall exercise full control over all

expenditure in subsidiary jails.
Superintendent of subsidiary jail shall carry out the orders of the
District Magistrate and report to him important matters affecting
the subsidiary jail.
District Magistrate shall visit every subsidiary jail within his

jurisdiction at least once a year, and shall report to the Inspector
General of Prisons the condition of such subsidiary jail.
* 15.14 Human Rights violations in prisons*
The government’s human rights record remained poor, and the

government continued to commit numerous serious abuses.
In recent years, the following human rights violations has
Ϯϵϲ
been reported:
(a) Extrajudicial killings;

(b) Arbitrary arrest;
(c) Politically motivated violence and killings;
(d) Impunity for security forces;
(e) Physical and psychological torture;
(f) Lengthy pretrial detention;
(g) Restrictions on privacy;
(h) Violence against and restrictions on journalists;
(i) Infringement on religious freedom;
(j) Extensive government corruption;
(k) Violence against women and children;
(l) Trafficking in women and children;
(m) Limitation on workers’ rights.
* 15.15 Problems of prisons in Bangladesh *
Overcrowding:
The prisons are overcrowded due to unequal distribution of

population amongst the existing jails. Due to overcrowding,
hardened criminals has their influence over other minor
offenders;
[Ramamurthy v State of Karnataka (1997) 2 SCC 1]
When juvenile offenders come into contact with hardened

criminals, it’s more likely that they will become professional
criminals.
At present, prison populations are as follows: 94

Ϯϵϳ
Division Capacity Number of Prisoners
Dhaka 8,626 30,609
Chittagong 7,183 23,424
Rajshahi 5,473 15,474
Khulna 6,012 15,415
Total 27,294 84,922
Under-trial prisoners:
In recent years, under-trial prisoners has increased due to the
following reasons:
(i) Inadequate number of courts;

(ii) Delay in police investigation;
(iii) Non-furnishing of bail by economically weak prisoners;
(iv) Non-appearance of witnesses in courts on the dates of
hearing;
(v) Non-availability of police;
(vi) Inherent flaw in the judicial system whereby courts are
inclined to favour defence counsels in fixing dates of
hearing.
The table below gives an indication of the recent trend in the pre-
trial/remand prison population:
Pre-
trial/remand͒
Percentage
Number in͒ population
͒of total
Year pretrial/remand͒ rate͒(per
͒prison
imprisonment 100,000 of
population
͒national
population)
2003 45,173 67.1% 32
2006 48,354 67.1% 33
2010 50,576 73.2% 33
October 2014 45,300 69% 29
To reduce the number of under-trial prison population, the

following measures could be followed:
Ϯϵϴ
(i) They should be lodged in separate institutions away from
convicted prisoners and such institutions should be close to
the courts;
(ii) Bail should be granted as a matter of right unless proved by

prosecution that the prisoners being at large might
endanger security of the society. The feasibility of launching
bail-hostels should be examined;
(iii) The Code of Criminal Procedure 1898 should be amended to

provide that as soon as under-trial prisoner completes the
period of detention equal to half of maximum the sentence
awardable to him on conviction, he should be released
immediately and unconditionally;
(iv) Under-trial prisoners volunteering to work may be

employed on prison work programme with proper and
sufficient incentives;
(v) Under-trial prisoners who offer prison maintenance

services, should be paid wages for such work;
(vi) The daily routine of under-trial prisoners should, whenever

possible, include adult and social education programme,
recreational activities etc. to enable them to utilize their
time in constructive pursuits.
Discipline:
To maintain the discipline in prisons has always been a difficult
task for prison administrators. Mr Donald Taft commented that
‘prisons are deliberately so planned as to provide unpleasant
compulsory isolation from general society. A prison characterizes
rigid discipline, provision of bare necessities, strict security
arrangements and monotonous routine life’.
Prison officers usually don’t have any special training on how to

keep discipline in prison. Prison-riot is a common problem in
Ϯϵϵ
prison, which occurs for different reasons, such as – political
instigations, crude disciplinary incidents, monotonous routine of
prison life, separation from members of the family, differences
with the prison staff and step-motherly treatment of wardens and
guards towards certain inmates etc.
Prisoners Health:
Prisoners who are suffering from serious disease, such as – AIDS,
tuberculosis etc. are not kept separately from other prisoners, so
they could be affected easily.
[Anil Kumar v State of M.P. (2000) C. Cr. J 118]
In order to tackle the health problems of the prisoner, volunteers

may be trained in prison for nursing so that they effectively help
the suffering inmates and develop them a system of self-help
protection against diseases.
Section 37 of the Prisons Act 1894 states that –
“(1) The names of prisoners desiring to see the Medical

Subordinate or appearing out of health in mind or body shall,
without delay, be reported by the officer in immediate charge of
such prisoners to the Jailer;
(2) The Jailer shall, without delay, call the attention of the
Medical Subordinate to any prisoners desiring to see him, or who
is ill, or whose state of mind or body appears to require attention,
and shall carry into effect all written directions given by the
Medial Officer or Medical Subordinate respecting alterations of
the discipline or treatment of any such prisoner”.
“All directions given by the Medical Officer or Medical

Subordinate in relation to any prisoner, with the exception of
orders for the supply of medicines or directions relating to such
matters as are carried into effect by the Medical Officer himself or
ϯϬϬ
under his superintendence, shall be entered day by day in the
prisoner's history-ticket or in such other record as the
Government may by rule direct, and the Jailer shall make an
entry in its proper place stating in respect of each direction the
fact of its having been or not having been complied with,
accompanied by such observations, if any, as the Jailer thinks fit
to make, and the date of the entry”.
“In every prison an hospital or proper place for the reception of

sick prisoners shall be provided”.
Criminality in Prison:
Continuous long absence from normal/family life, frequent

quarrelling inside the prison, petty thefts, distrust amongst
prisoners, group rivalry etc. influences prisoners to grow their
criminal behavior.
Due to the above, the prison officials are generally rough & tough
with the prisoners, as a result, a kind of cold war exists between
the prisoners and authorities.
Wages:
In return of work in jail, prisoners receive a nominal amount of
wages, which is not sufficient to support them or their family.
[State of Gujarat & another v Hon’ble

High Court of Gujarat (1998) AIR 1998 SC
3164]
Therefore, they should be given a fair & equitable wages or at the

rate prescribed under the Minimum Wages Law.
Privilege:
Hardened criminals act as a leader in the jail and enjoy unofficial
privileges’ from the prison officers.
ϯϬϭ
Female Prisoners:
Male prison officers or inmates sexually abuse female prisoners.
The table below gives an indication of the trend in the

female prison population:95
Female prison
Percentage
Number of͒ ͒population
͒of total
Year female͒ rate͒(per 100,000
͒prison
prisoners of͒ national
population
population)
2003 1,910 2.8% 1.4
2006 2,222 3.4% 1.5
2010 2,324 3.4% 1.5
October 2014 2,211 3.4% 1.4
* 15.16 Rights of the prisoners *
The prisoners should enjoy the following rights:
(i) Fundamental rights must be protected;

(ii) Must not be physically ad mentally tortured;
(iii) Must be able to live a healthy prison life;
(iv) Must receive proper medical treatment;
(v) Must receive reasonable wages for their work;
(vi) Prison must be safe & secured;
(vii) Prisoners human dignity must be protected;
(viii) They should be allowed to communicate with their relatives
frequently & have access to television, newspaper, books,
journals etc.;
(ix) Any complain should be dealt fairly & effectively.

ϯϬϮ
[Sunil Batra v Delhi Administration (1978) AIR 1978 SC 1675]
Department of Prisons has taken the following

development activities:96
(a) In 2012, ‘Program on Literacy’ have taught 14300 prisoners

literary education & 9757 prisoners have been taught
religious education;
(b) A canteen is opened inside of the jail so that prisoners could

get foods easily;
(c) Jail Code 569 has been relaxed, so prisoners who has served
more than 20 years would be released, as a result,
overcrowding problem will be mitigated;
(d) Motivational training activities such as – making shoes &

packets, repairing electronic items etc for male inmates.
Training for female prisoners on beautification course,
handicrafts, tailoring etc;
(e) Modern bakeries have been set up in many jails, so prisoners

are getting an opportunity to develop certain skills in making
bakery products;
(f) Opportunity for playing indoor & outdoor games for

recreation has been increased;
(g) Transport facilities, such as ambulance has been provided to

take ill prisoners in the hospital.
* 15.17 Resolving Prison Problems *
The following steps could be taken to resolve prison problems:

ϯϬϯ
i. Prisoners could be kept in prison only for absolutely
necessary period;
ii. Security for female inmates need to be increased & allow

them to meet their children frequently;
iii. The minors, under-trials, different categories offender

should be kept separately;
[R.D. Upadhyaya v State of A.P. & others
(2006) AIR1981 SC 746]
iv. Education facilities should be increased;

[Md Gaisuddin v State of A.P. (1977) AIR 1977 SC 1925]
v. Public attitude towards prisoners need to be changed;

[Prabha Dutta v Union of India (1982) 1 SCC 1]
vi. Prison sentence could be cut-short for good behavior in jail;

[Rajendra Prasad v State of U.P. (1979) AIR 1979 SC 916]
vii. Health & safety facilities must be increased;

viii.
ix. Prison officers need to be given proper training on how to
manage the prison with international standard;
x.
xi. Wrongfully detained prisoners should be given proper
compensation who suffers injuries due to callous or
negligent acts of the prison personnel;
[Sanjay Suri v Delhi Administration (1988) Cr LJ 705 (SC)]
[Ramamurthy v State of Karnataka (1997)–A prisoner in the

Central Jail, Bangalore sent a letter to the Chief Justice of India
complaining against the ‘non-eatable food’, ‘mental and physical
torture’ in prisons, and the denial of rightful wages to the
prisoners.
ϯϬϰ
Treating the letter as a writ petition, the Supreme Court passed
an order to the District Judge to visit the Central Jail and find
out the pattern of payment of wages and the general conditions of
the prisoners such as residence, sanitation, food, medicine etc.
The District Judge compiled and submitted a thorough report to
the Court.]
Case Reference
[Anil Kumar v State of M.P. (2000) – The High Court of

Madhya Pradesh enumerated the factors, which account for
increase in the number of prisoners exposed to infection of
tuberculosis in prison. The Court issued directions to the State
Government to initiate adequate steps to control spread of
disease in prisons.]
Case Reference
[State of Gujarat & another v Hon’ble High Court of

Gujarat (1998) – The Supreme Court reiterated that reasonable
wages should be paid to prisoners for the work/labour done while
in prison and laid down guidelines for the same. The Court
further held that conviction for a crime does not reduce the
person into a non-person whose rights are subject to whims of
prison administration.]
Case Reference
[Sunil Batra v Delhi Administration (1978) – The petitioner,

a convict under death sentence, through a letter to one of the
Judges of this Court alleged that torture was practised upon
another prisoner by a jail warder, to extract money from the
victim through his visiting relations. The letter was converted
into a habeas corpus proceeding. The Court issued notice to the
State and the concerned officials. It also appointed amicus curiae
and authorised them to visit the prison, meet the prisoner, see
relevant documents and interview necessary witnesses so as to
ϯϬϱ
enable them to inform them selves about the surrounding
circumstances and the scenario of events. The amicus curiae after
visiting the jail and examining witnesses reported that the
prisoner sustained serious anal injury because a rod was driven
into that aperture to inflict inhuman torture and that as the
bleeding had not stopped, he was removed to the jail hospital and
later to the Irvin Hospital. It was also reported that the prisoner's
explanation for the anal rupture was an unfulfilled demand of the
warder for money, and that attempts were made by the
departmental officers to hush up the crime by overawing the
prisoner and the jail doctor and offering a story that the injury
was either due to a fall of self-infliction or due to piles. It was
held that prisoners are entitles to all fundamental rights, which
are consistent with their incarceration.]
Case Reference
[R.D. Upadhyaya v State of A.P. & others (2006) – The

Supreme Court of India was concerned by the plight of the under
trial prisoners languishing in various jails in the country, various
directions were issued by this Court from time to time. It was
considering mainly the issue of directions for the development of
children who are in jail with their mothers, who are in jail either
as undertrial prisoners or convicts. Children, for none of their
fault, but per force, have to stay in jail with their mothers. In
some cases, it may be because of the tender age of the child, while
in other cases, it may be because there is no one at home to look
after them or to take care of them in absence of the mother. The
jail environments are certainly not congenial for development of
the children. The Court directed that adequate food, shelter,
medical care, clothing, education and recreational facilities for
the children were declared to be child’s right. The Court further
directed that in a case of a child born out of a prisoner mother, his
birthplace should not be recorded as ‘prison’ in the birth
certificate. A child above the age of 6 years should not be kept
with female prisoners. The Court issued directives to the States
to amend their jail manuals accordingly.]
ϯϬϲ
Case Reference
[Md Gaisuddin v State of A.P. (1977) – The appellant along

with another accused deceived several desperate unemployed
youngman, received various sums of Rs. 1200 by false pretences
that they would secure jobs for them through politically
influential friends and other make- believe representations. The
offence of cheating under a. 420 was made out and all the 3 courts
concurrently convicted both the accused. The appellant was
sentenced to 3 years rigorous imprisonment. The appellant is an
unemployed youngman around 28 years old and used to work as a
Junior Assistant in the Andhra Pradesh Secretariat. The Court
granted special leave limited to the question of sentence. Allowing
the appeal partly, the prisoners who are well educated should not
be subjected to rigorous imprisonment; instead they should be
engaged in some mental-cum-manual productive work. The
education in prison should be beyond three R’s and there should
be greater emphasis on vocational training of inmates. This will
provide them honourable means to earn their livelihood after
release from jail.]
Case Reference
[Prabha Dutta v Union of India (1982) – The petitioner, a

newspaper correspondent filed a petition to interview two
condemned prisoners Ranga and Billa for which permission was
refused to her by Tihar Jail Authorities. The Supreme Court
allowed the interview upholding the right of press to have access
to prison inmates.]
Case Reference
[Rajendra Prasad v State of U.P. (1979) – The accused was

undergoing life sentence. He was released on Gandhi Jayanti Day
and the first thing he did after release was to avenge the person
who got him prosecuted for murder and in course of scuffle he
murdered an intervener.]
ϯϬϳ
Case Reference
[Sanjay Suri v Delhi Administration (1988) – The petitioners,

a News Editor and a trainee sub- editor, filed writ petitions in the
Supreme Court pointing out features of maladministration within
the Central Jail at Tihar relating to juvenile under trial prisoners
and praying for appropriate directions to the respondents. The
Court made several orders with reference to juvenile prisoners
and under trials. Under the orders of the Court, the Sessions
Judge visited the jail on more than one occasion and made several
reports. Pursuant to the Court's directions, the petitioners as well
as the respondents made certain suggestions. The Supreme Court
required prison officials to initiate measures so that prisoner’s
basic rights are not violated and they are not subjected to
harassment and inhuman conditions of living.]
ϯϬϴ
ϯϬϵ
Chapter-16
PAROLE
AND
PROBATION
ϯϭϬ
Chapter 16
16.1 Introduction
16.2 Definitions of parole
c) Definition based on case law
16.3 Origin and development of parole system
16.4 Essential elements of parole
16.5 Objectives of parole system
16.6 Selection and conditions for parole system
Selection
Essential conditions for parole
Violation of the conditions
16.7 Advantages & disadvantages of parole system
Advantages
Disadvantages
16.8 Definition of probation
16.9 Origin and development of probation
16.10 Essential ingredients of probation
16.11 Objectives of probation
16.12 General conditions for probation
16.13 Advantages & disadvantages of probation
Advantages
Disadvantages
16.14 Differences between parole & probation
16.15 Revocation of probation
16.16 Law relating to probation in Bangladesh
16.17 Case reference
ϯϭϭ
The ‘parole’ originated from French “word”, also ‘formal promise’,

from ecclesiastical Latin parabola ‘speech’. Its use in connection
with the release of prisoners was derived from the idea that they
were released on their word of honor that they would commit no
further crimes.
* 16.2 Definitions of parole*
Parole s “releasing a prisoner from the prison into the community
under certain conditions for a specific period, after he has served
a portion of the prison sentence”.
A prisoner who is released under parole is called parolee.
Ms J. L. Gillin defined parole as:
‘The release from a penal or reformative institution, of an

offender who remains under the control of correctional
authorities, in an attempt to find out whether he is fit to live in
the free society without supervision’.97
Mr Donald Taft characterizes parole as:
‘A release method, which retains some control over prisoners, yet

permits them more normal social relationships in the community
and provides constructive aid at the time they most need it’.98
Dr Sutherland considers parole as:

97 Gillin, J. L. : ‘Criminology and Penology’, 3rd ed., p. 339.
98 Taft & England : ‘Criminology’, 4th ed., p. 485.
ϯϭϮ
‘The liberation of an inmate from prison or a correctional
institution on condition that his original penalty shall revive if
those conditions of liberation are violated’. 99
Sir Robert Cross observed parole as:
‘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’.100
c) Definition based on case law:

Parole means – the release of a prisoner temporarily (for a
specific purpose) or permanently before completion of a sentence
on the promise of good behavior.
[Smt. Poonam Lata v Wadhawan & others

(1987) AIR 1987 SC 1383]
* 16.3 Origin and development of parole system*
The practice of allowing prisoners to be released from prison

before serving their full sentences dates to at least the 18 th
century.
England developed a system of “ticket of leave”, in which convicts

detained under a sentence of transportation were allowed a
measure of freedom or the right to return to England in return for
good behaviour.
England abolished the sentence of transportation in the mid-19th

century and replaced it with penal servitude, which incorporated
a similar procedure under a different name, “release on license”
i.e. through good behaviour in custody, a convict sentenced to
penal servitude could earn release from a penitentiary.

99 Sutherland & Cressey : ‘Principles of Criminology’, 6th ed.
100 Cross, Robert Sir : ‘The English Sentencing System’, pp. 31-4.
ϯϭϯ
During the 20th century parole in England underwent a number
of changes, culminating in the Criminal Justice Act of
1991.Under this law (and subsequent revisions), all prisoners
sentenced to less than four years were automatically released
after serving half of their sentences and those sentenced to more
than 15 years could be granted parole by the home secretary upon
the recommendation of the parole board.
In the United States, the principle of “indeterminate” sentencing

became widely accepted in the 19th century and eventually formed
the basis of the sentencing laws of many jurisdictions.
In Canada, prisoners are eligible for parole after serving one-

third of their sentences or after serving seven years of a life
sentence; more than four-fifths of Canadian prisoners eventually
secure release on some type of parole.
In Japan, prisoners are eligible for parole after serving one-third

of their sentences or after serving 10 years of a life sentence;
about two-fifths of prisoners in Japan are released on parole.
In France, first-time offenders usually are paroled after serving

one-half of their sentences; recidivists are eligible for parole after
a longer period of imprisonment.
* 16.4 Essential elements of parole *
The followings are the essential elements of parole:

(a) Release from prison after completing a specified portion of
prison sentence;
(b) Imposition of certain conditions for behaviour;
(c) Institution or supervision by a probation or a police officer;
(d) Returning to prison after completing the parole term.
* 16.5 Objectives of parole system *
The main objectives of parole system are:
ϯϭϰ
(i) To encourage good behavior amongst them;
(ii) To reduce overcrowding in prison;
(iii) To allow them to continue their relationship with family;
(iv) To protect them from the curse of continuous prison life;
(v) To increase public confidence in parole system.
[Bhikhabhai Devshi v State of Gujarat

(1987) AIR 1987 Guj. 136]
* 16.6 Selection and conditions for parole

system*
Selection:
Parole cannot be grated to every type of offenders. Selection for
parole is based on two separate considerations:
(i) The offender’s parole eligibility, which is more or less

arbitrary because it is usually fixed by statute;
(ii) The offender’s suitability for parole, which entirely discretionary

involving a decision and a calculated risk by the parole board.
Essential conditions for parole:

Parole is granted to an accused on the following conditions:
(1) The parolee has to inform about his whereabouts and
movement as well his places of living to the parole officer so
that he may be called immediately as and when required;
(2) He (offender) cannot marry without the prior permission of

the parole officer;
(3) He cannot keep any kind of arm or ammunition with him;
ϯϭϱ
(4) He cannot use any narcotic drugs or alcohol during parole;
(5) He will not do any such thing or participate in any such work
which is not justified or hitch is against the law;
(6) He will not engage himself in gambling or prostitution;
(7) He will not do any monetary transaction with any person.
Violation of the conditions:

If the parolee violates the any of the conditions imposed on him
before his release from jail, he is liable to be sent back to jail or
reformatory. For this purpose the order of the court will not be
required. The warrant of arrest of such offender can be issued and
executed without the intervention of the court.
If the parolee commits any new offence during his release on

parole, the court for such particular crime will charge him
separately.
* 16.7 Advantages & disadvantages of parole

system *
Advantages:
Advantages of parole are:
(i) Parole develops the sense of self-respect in a convict. He
tries to improve himself;
(ii) He is saved from the prolonged company of habitual

criminals soon after on parole;
(iii) He learns to live in discipline;
(iv) He develops in him the tendency to live in society with

proper adjustment;
ϯϭϲ
(v) He learns to lead ideal life due to the inspiration and
directions of the Parole Officer;
(vi) He is saved from the physical and mental tortures of the

jail;
(vii) This system reduces the crown in jail and also saves the
Government expenditures;
(viii) He can become independent earning member and a good

citizen after expiry of parole;
(ix) The grant of parole to the new offenders is a golden

opportunity for their improvement.
Disadvantages:
The followings are the disadvantages of the parole system: 101
(i) Present parole procedures lack the safeguards necessary for
fair and accurate decision-making;
(ii) It creates a level of anxiety and frustration among confined

populations that is counter-productive in terms of
institutional management and the correctional process;
(iii) It fails to achieve its stated goals;
(iv) Economy in expenditure is not derived due to this system;
* 16.8 Definition of probation *
The word ‘probation’ originated in late Middle English (denoting
testing, investigation, or examination): from Old French
‘probacion’, from Latin probatio(n-), from probare ‘to test, prove’.
The legal use dates from the late 19th cent.

101 ‘Encyclopedia of Crime and Justice’, Ed. Sanford H. Kadish, p. 1252.
ϯϭϳ
It means – the release of an offender from detention, subject to a
period of good behavior under supervision of a probation officer.
An offender on probation is ordered to follow certain conditions

set forth by the court and if he violates them, he will go back to
prison.
An offender who is under probation is called probationer.
According to Mr Sutherland,
‘Probation is the status of convicted offender during a period of

suspension of sentence, in which the criminal is given liberty,
conditioned on good behaviour and in which the State, by
personal supervision attempts to help the offender to maintain
good behaviour’.102
According to Mr H. S. Commings,
‘Probation is a method of discipline and treatment. If

probationers are carefully chosen and the supervisory work is
performed with intelligence and understanding, we can work
miracles in rehabilitation’.
Probation is distinct from parole, which involves conditional

release from confinement after part of a sentence has already
been served.
The probation process for an adult begins with a pre-sentence

investigation of the offender after guilt has been established.
Statutes commonly exclude from consideration persons convicted

of serious offenses, such as - armed robbery or murder, or persons
previously convicted of other offenses.

102 Sutherland & Cressey : ‘Principles of Criminology’, 6th ed.
ϯϭϴ
When the court orders probation, the offender is placed under the
supervision of a probation officer, or a person appointed by the
court, with the conditions of probation specified in the court order.
Typically, these require that the probationer conduct himself
properly, maintain his local residence, report regularly to his
probation officer, support his family, pay restitution, avoid
criminal associations and disreputable places, and abstain from
drinking.
Though these conditions may effect the rehabilitation of an

individual, they have been criticized by some as requiring the
guilty to tread a narrower path than the average citizen.
Early discharge by the court in recognition of good conduct is a

common practice.
If the probationer violates the terms of his probation or commits a

further offense during the period, he may be brought back before
the court for revision or revocation of the original order of
probation.
Studies made in several countries show that 70-80% of all

probationers successfully fulfill the terms of probation and are
discharged.
Limited evidence suggests that the proportion of former

probationers convicted of subsequent offenses is small, probably
fewer than 3 in 10.
In corrections, the word ‘probation’ is used in four ways:

(1) Disposition i.e. suspension of sentence;
(2) Status i.e. position of an offender sentenced to probation;
(3) Subsystem i.e. subsystem of the criminal and juvenile justice

system;
ϯϭϵ
(4) Process i.e. set of functions, activities and services that
characterize the system’s transactions with the courts, the
offender and the community.
* 16.9 Origin and development of probation*
In English common law, prior to the advent of democratic rule,

the courts could temporarily suspend the execution of a sentence
to allow a criminal defendant to appeal to the monarch for a
pardon.
Probation first developed in the United States when Mr John

Augustus, a Boston cobbler, persuaded a judge in the Boston
police court in 1841 to give him custody of a convicted offender, a
"drunkard," for a brief period and then helped the man to appear
rehabilitated by the time of sentencing.103
Even earlier, the practice of suspending a sentence was used as

early as 1830 in Boston, Massachusetts, and became widespread
in U.S. courts, although there was no statutory provision for such
a practice.
At first, judges, most notably Peter Oxenbridge Thatcher of

Boston, used "release on recognizance" or bail and simply
refrained from taking any further action. In 1878 the mayor of
Boston hired a former police officer, the ironically named
"Captain Savage", to become what many recognize as the first
official probation officer.
By the mid-19th century, however, many Federal Courts were

using a judicial reprieve to suspend sentence, and this posed a
legal question.
In 1916, the United States Supreme Court, in the Killets

Decision, held that a Federal Judge (Killets) was without power
to suspend a sentence indefinitely. This decision led to the

103 Grinel, F. W. : ‘The Common Law History of Probation’, Journal of Criminal
Law, vol. 32(1), 1941.

ϯϮϬ
passing of the National Probation Act of 1925, thereby, allowing
courts to suspend the imposition of incarceration and place an
offender on probation.
Probation developed from the efforts of a philanthropist, John

Augustus, who looked for ways to rehabilitate the behavior of
criminals. By 1951, all the states in the United States of America
had a working probation system and ratified the Interstate
Compact Agreement.
* 16.10 Essential ingredients of probation *
The following six essential elements are necessary for probation:

(1) The offence has been proved in the courts and has been found
worth punishment;
(2) Imposition of punishment is postponed for a specific period;
(3) The offender is given one more chance to prove that he can
live as a law-abiding member of society;
(4) Imposition of conditions by the court indicates that he is still

under their control;
(5) The offender is generally kept under the supervision of a

probation officer;
(6) The measure aims at not punishing but reforming and

rehabilitating the offender.
* 16.11 Objectives of probation *
The followings are the main objectives of probation:
(a) To promote good/positive behavior and human dignity;
ϯϮϭ
(b) To stop conversion of youthful offender into hardened
criminals while associating with them;
(c) To promote community/society involvement;

(d) To turn them into law abiding citizens;
(e) To reduce overcrowding & conserve government resources.
[Musa Khan v State of Maharashtra

(1976) Cri. L. J. 1987 (SC)]
* 16.12 General conditions for probation *
The followings are the general conditions for probation:
(i) To obey the law;

(ii) To obtain employment;
(iii) To abstain from gambling, intoxications of alcohol/drugs;
(iv) To stay in a specific place;
(v) To refrain from bad habits etc.;
(vi) To improve behavior;
(vii) To follow orders of the probation officer.
[Dharamvir v State of U.P (1979)]
* 16.13 Advantages & Disadvantages of

probation*
Advantages:
The probation has the following advantages:
(1) It affords the probationer another chance;
ϯϮϮ
(2) It averts the stigma of a prison sentence;
(3) It makes possible, a continuation of those life habits that

meet the approval of society;
(4) The community benefits from the well-adjusted probationers,

who are carrying on a constructive life plan;
(5) Probation is much less expensive than institutional

treatment;
(6) The supervisor in-charge can resort to the use of all the
community facilities for rehabilitation;
(7) More specifically, probation, whether juvenile or adult,

permits a more normal social experience than
institutionalization;
(8) It permits to contact with other sex, with family and with
constructive social agencies of all kinds i.e. a less routinized
and more self-directed existence.
Disadvantages:
The probation has the following disadvantages:
(1) Probation is not a form of correction but it is a form of

leniency, which pampers an offender;
(2) It enables an offender to avoid punishment, which is

necessary not only as a deterrent to crime and delinquency
but also for maintaining law and order;
(3) After release on probation, the offender returns to the same

family and community environment contributed to his crime.
He is therefore exposed to the same influences all over again;
ϯϮϯ
(4) It does not protect the community since the offender lives in
the community and may repeat his crimes or delinquencies;
(5) Since social investigation has not been made compulsory, the
judge finds it difficult to decide whether or not the offender
should be released on probation;
(6) There is no provision for compulsory supervision, i.e.,

offenders are released under suspended sentences but
without supervision;
(7) The probation officers do not supervise the probationer’s

property due to heavy case-loads. The number of trained
personnel is also insufficient. The supervision thus remains
both inadequate and questionable.
* 16.14 Differences between parole & probation *
Parole Probation
(1) It’s the last stage of It’s the first stage
correctional
scheme/program
(2) It’s allowed by the Parole It’s granted by the
Board judiciary/court
(3) It’s granted only when a It’s the suspension of the
prisoner already served a sentence for a short period
period (one third) of the
sentence
(4) Parolee undergoes both Probationer remains under
punishment & treatment continuous
supervision/treatment of
the probation officer
(5) Public acceptance of a A probationer is accepted
parolee is quite difficult by the public quite easily
(6) It’s originated from the It’s originality belongs to
military law Mr John Augustus of USA
ϯϮϰ
*16.15 Revocation of probation *
When a probation violation is extremely severe, or after multiple

lesser violations, a probation revocation hearing could be
scheduled.
A judge at the hearing will consider reports from the probation

officer, and if probation is revoked, the probationer will often be
incarcerated in jail or prison. However, the term of incarceration
might be reduced from the original potential sentence for the
alleged crime(s).
In cases where a defendant opted to accept probation rather than

incur the time or risk of going to trial, a probation revocation can
result in conviction of the original criminal charges.
Thus, an innocent defendant could agree to probation but later be

judged in severe probation violation, causing revocation, a jail
term, and a permanent record of conviction.
* 16.16 Law relating to probation in

Bangladesh *
It’s regulated by the Probation of Offenders Ordinance (POO)

1960. Under section 3 of the POO 1960, the following courts are
empowered regarding probation:
(a) High Court Division;

(b) Court of Sessions;
(c) District Magistrate;
(d) Magistrate of the First Class;
(e) Any other magistrate empowered specially.
The court could order probation for the following offences under
section 5 of the POO 1960:
ϯϮϱ
(a) An offence not punishable with imprisonment for life or
death;
(b) Any offence, which doesn’t fall under Chapters VI or VII or
sections 216A,328, 354, 386, 388, 389, 392, 393, 397 – 399,
401, 455 of the Penal Code1860;
(c) For female inmates convicted of any offence except
punishable with deathsentence;
Section 7 of the POO 1960 states that –

“(1) If the court by which an offender is bound by a bond under
section 5 has reason to believe that the offender has failed to
observe any of the conditions of his bond, it may issue a
warrant for his arrest or may, if it thinks fit, issue summons
to the offender and his sureties, if any, requiring them to
appear before it at such time as may be specified in the
summons;
(2) The court before which an offender is brought or appears
under sub-section (1) may either remand him to judicial
custody until the case is heard or admit him to bail, with or
without sureties, to appear on the date of hearing;
(3) If the court, after hearing the case, is satisfied that the
offender has failed to observe any of the conditions of his
bond, including any conditions, which may have been imposed
under sub-section (2) of section 5, it may forthwith –
(a) Sentence him for the original offence, or
(b) Without prejudice to the continuance in force of the bond,
impose upon him a fine not exceeding one thousand
[taka]:
Provided that the court imposing the fine shall take into
account the amount of compensation, damages or costs
ordered to be paid under section 6.
(4) If a fine imposed under clause (b) of sub-section (3) is not paid
within such period as the court may fix, the court may
sentence the offender for the original offence”.
As per section 13, a probation officer has the following duties:

(a) Visit or receive visits from the offender at such reasonable
ϯϮϲ
intervals as may be specified in the probation order or,
subject thereto, as the Officer-in-charge may think fit;
(b) See that the offender observes the conditions of the bond
executed under section 5;
(c) Report to the Officer-in-charge as to the behaviour of the
offender;
(d) Advise, assist and befriend the offender, and when necessary
endeavor to find him suitable employment; and
(e) Perform any other duty which may be prescribed by the rules
made under this Ordinance”.
Under section 5 of the Children Act 2013, government shall

appoint one or more probation officer in every district, upazila or
metropolitan area, who will work for juveniles (under 18 years).
*16.17 Case References *
[Smt. Poonam Lata v Wadhawan & others (1987) – The

husband of the petitioner was detained under s. 3(1) of the Act by
an order dated February 28, 1986. His representation under s.
8(b) was rejected by the detaining authority on April 4, 1986. The
Advisory Board in its sittings on April 28 and 29, 1986 concluded
that there was sufficient cause for detention. The order of
detention was confirmed by the Minister on May 14, 1986.
The writ petition filed under Article 32 of the Constitution on

April 23, 1986 was heard by the Vacation Judge on May 15 1986
who made an order for the release of the detenu on parole and
directed the matter to be listed in early August of 1986. The case,
however, could not be listed till January 14, 1987, and was finally
heard on March 3, 1987. The detenu had been out of Jail during
the entire period. The period of one year expired on February 28,
1987.
It was contended for the petitioner that the period of parole from
May 15. 1986 till February 28. 1987 could not be added to the
period of detention specified in the order under sub-s. (1) of s. 3 of
the Act, that the period of one year from the date of detention
ϯϮϳ
having expired on February 28, 1987 the order of detention had
lapsed entitling the detenu to be freed, and that once the detenu
is taken into custody under the Act pursuant to an order of
detention the running of time would not be arrested merely
because the court directs the release of the detenu on parole.
Relying on the decision in Lala Jairam Das & Ors. v. Emperor.
(AIR 1945 PC 94) it was contended that the court cannot on
general principles add the period of bail or parole to the period of
detention, and that the ratio laid down in Amritlal Channumal
Jain etc. v. State of Gujarat & Ors., (W.P. Nos. 1342-43 of 1982
decided on July 10, 1985) that the period during which a detenu
was on parole should be taken into account while calculating the
period of detention has to prevail and must be taken as binding.
Dismissing the writ petition. the Court.
HELD:
1. The period of parole of the detenu from May 15, 1986 to
February 28. 1987 has to be excluded in reckoning the period of
his detention for one year under sub-s. (1) of s. 3 of the
Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974. [1136D, G-H]
2.1 The purpose and object of s. 10 of the Act is to prescribe not
only a maximum period for which a person against whom a
detention order under the Act is made may be held in actual
custody pursuant to the said order but also the method by which
the period is to be computed. The key to the interpretation of the
section is in the words "may be detained." The subsequent words
"from the date of detention" which follow the words "maximum
period of one year" merely define the starting point from which
the maximum period of detention of one year is to be reckoned in
a case not falling under s. 9. There is no justifiable reason why
the word "detain" should not receive its plain and natural
meaning 'to hold in custody'. [1134B; 1133G, EP]
2.2 The period during which the detenu is on parole cannot be

said to be a period during which he has been held in custody
pursuant to the order of his detention. In such a case he was not
ϯϮϴ
in actual custody. The order of detention prescribes the place
where the detenu is to be detained. Parole brings him out of
confinement from that place and detention as contemplated by
the Act is interrupted until the detenu is put back into custody.
The running of the period recommences then and a total period of
one year has to be counted by putting the different periods of
actual detention together. In the instant case it cannot, therefore,
be said that the period during which the detenu was on. Parole
has to be taken into consideration in computing the maximum
period of detention authorised by s. 10 of the Act.]
Case Reference
[Bhikhabhai Devshi v State of Gujarat (1987) – The

contention of the petitioner is that although he had surrendered
late by 25 days, after he was released on parole, he is not totally
ineligible for being released on furlough and the authorities have
the power and duty to consider his application for furlough on
merits and thereafter to grant or refuse furlough on merits and in
the present case, the authorities, have refused to consider his
request for furlough without going into the merits only at the
threshold on the ground that the petitioner prisoner is not at all
eligible to be considered for being released on furlough and the
authorities have mechanically considered the provisions of R.
4(10) for releasing the petitioner on furlough.
In the result, the petition succeeds and rule is made absolute by

quashing and setting aside the refusal of furlough due to the
petitioner-prisoner and by directing the respondents-authorities
to consider the grant of furlough/furloughs due to the petitioner
in accordance with law within one month from today.]
Case Reference
[Musa Khan v State of Maharashtra (1976) – The appellants

were convicted under Section 395, I.P.C. to rigorous
imprisonment for two years and a fine of Rs. 100/- each, under
Sections 323/149 to three months rigorous imprisonment, under
ϯϮϵ
Sections 427/149 to one year's rigorous imprisonment, under
Sections 435/149, I.P.C. to two years - rigorous imprisonment and
a fine of Rs. 100/- each under Sections 457/149, I.P.C. to two years
rigorous imprisonment and under Section 147, I.P.C. to one year's
rigorous imprisonment all the sentences to run concurrently.
The Court observed that the purpose of the provisions of the Act
1958 is to reform the juvenile offenders though that was a case of
Section 149 IPC and the court held that culpable liability does not
arise from mere presence in the assembly and even participation
does not necessarily lead to the conclusion that he joined that
unlawful assembly willingly.]
Case Reference
[Dharamvir v State of U.P (1979) – Dismissing the special

leave petition, the Court -
HELD:
1. The conviction being one under section 302 I.P.C., the sentence
awarded namely, one of life imprisonment is beyond interference.
2. One of the principal purposes of punitive deprivation of liberty,

constitutionally sanctioned, is decriminalization of the criminal
and restoration of his dignity, self-esteem and good citizenship, so
that when the man emerges from the forbidden gates he becomes
a socially useful individual.
3. Long prison terms do not humanise or habilitate but debase

and promote recidivism. Life imprisonment means languishing in
prison for years and years. Such indurations of the soul induced
by indefinite incarceration hardens the inmates, not oftens their
responses. Therefore, the Court issued the following directions
designed to make the life of the sentence inside jail restorative of
his crippled psyche: (a) dispatching the two prisoners to one of the
open prisons in U.P., if they substantially fulfill the required
conditions; (b) being agriculturists by profession they be put to
use as agriculturists, whether within or without the prison
compass or them small wages; (c) by keeping the prisoners in
contact with their family them small wages; (c) by keeping the
ϯϯϬ
prisoners in contact with their family (i) by allowing members of
the family to visit them and (ii) by permitting the prisoners under
guarded conditions at least once a year, to visit their families and
(d) the prisoners to be released on parole for two weeks, once a
year, which will be repeated throughout their period of
incarceration provided their conduct, while at large, is found to be
satisfactory.]
ϯϯϭ
ϯϯϮ
Chapter-17
THE POLICE
ϯϯϯ
Chapter 17
THE POLICE
17.1 Definition of police

General definition
17.2 Bangladesh police
17.3 Ranking of the Bangladesh police
17.4 Historical background of Bangladesh police
17.5 Objectives of policing
17.6 Branches or classifications of Bangladesh police
Range& District Police
Metropolitan Police
Detective Branch (DB)
Special Weapons And Tactics (SWAT)
Traffic Police
Special Branch (SB)
Immigration Police
Criminal Investigation Department (CID)
Railway Police
Highway Police
Industrial Police
Rapid Action Battalion (RAB)
Police Bureau of Investigation (PBI)
Special Security and Protection Battalion (SPBn)
Armed Police Battalion (APBn)
Airport Armed Police (AAP)
Tourist Police
Police Internal Oversight (PIO)
Marine Police
Police Telecom and Information Management
17.7 Duties & responsibilities or functions of Bangladesh
police
17.8 Problems of the Bangladesh police
17.9 Statistics
17.10 Citizen Charter of Bangladesh Police
17.11 Criticisms of Bangladesh Police
17.12 Reforms of Bangladesh Police
ϯϯϰ
* 17.1 Definition of police *
General definition:
Police is an important organ of the justice system of State. The

word ‘police’ come from the Latin word ‘politia’, which is the civil
force of a national or local government responsible for the
prevention and detection of crime and the maintenance of public
order.
Abbreviation of Police
P = polite
O = obedient
L = loyal
I = intelligent
C = courageous
E = efficient
Mr J. H. Skolnick commented on police as follows:
“The police in a democratic society are required to maintain order

and to do so under the rule of law. As functionaries charged with
maintaining order, they are part of the bureaucracy…. tension,
the operational consequences of ideas of orders, efficiency and
initiatives on the one hand and legality, on the other, constitutes
the problem of police as a democratic legal organization” 104
Mr Marx Weber pronounced that-
‘Police is fully developed bureaucracy operates in a special sense

sine ira ae studio (without bias or favour)’.105

104 Skolnick, J. H. : ‘Justice without Trial: Law Enforcement in Democratic
Society’, p. 6.
105 Weber, Marx : ‘Law, Economy and Society’.
ϯϯϱ
Mr Bernard Cohen opined that-
‘Bureaucratization of the police may tend, in general ways, to

uphold the rule of law rather than undermine it’. 106
* 17.2 Bangladesh police *
The Bangladesh Police is the main law enforcement agency,

which is administered under the Ministry of Home Affairs of the
Government of Bangladesh. It plays a crucial role in maintaining
peace, and enforcement of law and order within Bangladesh and
thus plays a big role in the criminal justice system.
The traditional role of police in Bangladesh has undergone

change after the liberation: the role of police is no longer confined
to maintenance of law and order and prevention and detection of
crime, and to meet the need of an independent and developing
country.
The police are now required to assist in developing the state and
such kinds of activities by providing the basic security required
for sustained economic growth of the country. It is further playing
a vital role in dealing with insurgency in some areas of the
country, which impedes development activities and threatens the
security of the state.
* 17.3 Ranking of the Bangladesh police *
The rank system forms the base of Bangladesh Police structure

and it defines a senior and subordinates police officer’s position,
role and degree of responsibilities.
There are different insignias that the officers and forces use on
their uniform according to their designation. Generally police

106 Cohen, Bernard : ‘Police Theory – New Perspectives’, p. 177.
ϯϯϲ
officers have more managerial and leadership functions rather
than their subordinates.
Diagram of Ranking of the Police
Inspector General of Police (IGP)

Additional Inspector General of Police (AIGP)

Deputy Inspector General of Police (DIGP)

Additional Deputy Inspector General of Police (ADIGP)

Superintendent of Police (SP)

Additional Superintendent of Police (ASP)

Senior Assistant Superintendent of Police (SASP)

Assistant Superintendent of Police (ASP)

Inspector

Sub Inspector (SI)

Sergeant

Assistant Sub Inspector (ASI)

Nayek

Constable
ϯϯϳ
* 17.4 Historical background of Bangladesh
police*
The main sources of the Bangladesh Police force's history come

from Manushanghita, which are the hieroglyphics of Emperor
Ashoka. During that period, policing was confined in the efforts of
collecting intelligence in order to curb anti-governmental
activities, and to maintain law and order in the society.
The duties of spies were varied, such as conducting surveillance

over the activities of ministers, civil, and military officials, for
which, different means of temptations and instigations were used.
During the periods of the great sultans, an official holding the
position of Muhtasib used to perform the duties of policing. This
person was the chief of police, in charge of public works, and the
inspector of public ethics simultaneously. In urban areas, Kotwals
were responsible for performing police duties.
The policing system introduced by Sher Shah Suri was further

organized during the period of Emperor Akbar. The system was
effective in maintaining the law and order in cities, and was
implemented in Dhaka.
In the early stage of the Industrial Revolution, when England

was facing grave crisis due to socio-economic transformation, the
necessity of an effective organised police service was keenly felt.
Sir Robert Peel, then the Prime Minister, introduced a bill in the
British Parliament in 1829, which created an organised civil
police in London. The success of the London police in controlling
social disorder and crime was admired by not only the people of
England but also of European and American countries: New York
city copied the London model with some modifications when it
organised the first Municipal Police Force, in 1833.
In 1860, Lord Cornwallis brought out certain changes in the

police administration but the system failed notoriously.
Consequently, the Penal Code and the Code of Criminal
Procedure were provided and enacted in 1860 and 1861
respectively.
ϯϯϴ
Under the Police Act (Act V of 1861), a police force was created in
each province of British India, and placed under the control of the
provincial government. The administration of the police force of a
province was vested upon an officer styled as the Inspector-
general of police. The administration of the police in a district
was placed under the Superintendent of Police.
In 1902, Lord Curzon brought a tremendous quantum of radical

change by appointing a new Police Commission. The Police Act is
still in force in Bangladesh, as well as the other countries of the
sub-continent.
After partition of the sub-continent in 1947, the police force in

Bangladesh was first named as the East Bengal Police, and then
as the East Pakistan Police; however, it continued to function on
the same lines as during the British rule. After the emergence of
Bangladesh as an independent country on 16 December 1971, the
police force was recognized and assumed the role of a national
police force.
* 17.5 Objectives of Policing *
The main objectives of the polices are:
(i) Maintaining peace & public order;

(ii) Bringing offenders to justice;
(iii) Preventing & detecting crime;
(iv) Upholding the rule of law;
(v) Ensuring safety & security of citizens;
(vi) Protecting human rights etc.
ϯϯϵ
* 17.6 Branches or classifications of Bangladesh
Police *
Bangladesh Police has the following categories:107
Range & District Police;

Metropolitan Police;
Detective Branch (DB);
Special Weapons And Tactics (SWAT);
Traffic Police;
Special Branch (SB);
Immigration Police;
Criminal Investigation Department (CID);
Railway Police;
Highway Police;
Industrial Police;
Rapid Action Battalion (RAB);
Police Bureau of Investigation (PBI);
Special Security and Protection Battalion (SPBn);
Armed Police Battalion (APBn);
Airport Armed Police (AAP);
Tourist Police;
Police Internal Oversight (PIO);
Marine Police;
Police Telecom and Information Management.
Range & District Police:

There are seven police ranges in seven administrative divisions
and two police ranges for railways and highways.
A Deputy Inspector General of Police (DIG) is the head of each

ranges and controls several police districts.
Each Police Range maintains its own Range Reserve Force (RRF)
and district police also maintains its own Special Armed Force
(SAF), which is responsible for emergencies and crowd control
issues.

ϯϰϬ
They are generally activated only on orders from the
Superintendent of Police, and higher-level authorities.
They may additionally be sent to quell outbreaks of unrest,
organized crime, and communal riots; to maintain key guard
posts; and to participate in anti-terrorist operations.
Metropolitan Police:
In addition to the police ranges, major cities have police forces,
which follow the Police Commissionerate System.
The Chief of the Metropolitan Police is the Police Commissioner.
Created in 1976, the Dhaka Metropolitan Police is charged with

maintaining security and order in the national capital and
neighbouring areas.
Later five other metropolitan police were formed in other large
cities – Chittagong, Khulna, Barisal, Sylhet, Rajshahi.
Detective Branch (DB):

It is the specialized branch of a police unit.
Every metropolitan police and district police has its own

Detective Branch.
Special Weapons And Tactics (SWAT):

It is an elite tactical unit of the Dhaka Metropolitan Police, which
operates under the Detective Branch of Dhaka Metropolitan
Police.
SWAT unit has sophisticated weapons and equipment and they

are trained both in Bangladesh and abroad.
They are called in emergency need and in crisis management like

terrorist attacks, hostage rescue situations, etc.
Traffic Police:
Traffic Police in the small towns come under the district police,
but in the cities, the Traffic Police come under the metropolitan
police.
ϯϰϭ
The Traffic Police are responsible for maintaining the flow of
traffic, and stopping offenders in the city or town.
Special Branch (SB):

The Special Branch was established to assist in
maintainingnational security and also performs the functions of
intelligence-gathering and counter intelligence.
Immigration Police:
The purpose of the Immigration Service is to provide immigration
related service and security.
The immigration service is provided by Special Branch.
Criminal Investigation Department (CID):

It is a special unit of Bangladesh Police responsible for carrying
out investigations into crimes grievous in nature, including
terrorism, murders and organized crime, and also gives forensic
support to law enforcing agencies.
It maintains two training schools named the Detective Training

School and the Forensic Training Institute.
A new training institute is due to start for increasing the capacity

of controlling the cyber crime in the country.
Railway Police:
It is responsible for law enforcement on the Bangladesh railways,
and additionally handling railway accidents.
Under the command of Deputy Inspector General Railway Police

Range has two Railway Districts, which are Syedpur and
Chittagong, each headed by a Superintendent of Railway Police
(SRP).
Highway Police:
ϯϰϮ
Under the Deputy Inspector General (Highway Police), the
Highway Police Range has two Highway Police wings: the
Eastern Wing, headquartered in Comilla, and the Western Wing,
headquartered in Bogra. Both are headed by a Superintendent of
Police.
Their duty is to make the highways safer and to ensure smooth

traffic management system.
Industrial Police:
The Industrial Police work at four zones – Ashulia, Gazipur,
Narayanganj, Chittagong.
Their duty is to keep the law and order in those areas.
Rapid Action Battalion (RAB):

In 2004, the elite force of Bangladesh Police, the Rapid Action
Battalion was raised, consisting of the personnel of the Bangladesh
Police, Bangladesh Army, Bangladesh Navy, Bangladesh Air
Force, Border Guard Bangladesh, and Bangladesh Ansar.
It works under the command of Inspector General of Police.
Police Bureau of Investigation (PBI):

Its job is to investigate the criminal cases, such as - cyber crime,
pornography, piracy, kidnapping for ransom, women and child
trafficking, smuggling, financial offences in sophisticated way,
drugs and illegal arms etc.
Special Security and Protection Battalion (SPBn):

This force is headed by a Detective Inspector General and job is to
provide security to the head of the state, head of the government
and other visiting VIPs.
Armed Police Battalion (APBn):

The Chief of APBn Additional Inspector General.
ϯϰϯ
There are eleven Armed Police Battalions, which are located in
different parts of Bangladesh – Uttara (three in total),
Muktagachha, Khulna, Bogra, Mohalchori Khagrachori, Ashulia,
Dhaka Airport, Chittagong, Barisal.
Airport Armed Police (AAP):

The Airport Armed Police are a specialized unit of the Armed
Police Battalion, the Airport Armed Police (AAP) are deployed in
the international airports of Bangladesh, for purposes of
maintaining security in the airports.
Tourist Police:
In 2009, tourist police was formed to protect local and foreign
tourists, with the service being initiated at Cox's Bazar Sea
Beach.
It works under the District Police Administration.
Police Internal Oversight (PIO):

This force is headed by an Assistant Inspector General (AIG) at
the Police Headquarters and directly reports to the Inspector
General of Police (IGP).
It is a specialized wing of the Bangladesh police to monitor and

collect intelligence about the activities of the police officers across
the country.
All the units of Bangladesh Police fall under the surveillance of

PIO.
PIO agents are spread all over the country under direct
supervision of the PIO unit located in Police Headquarters.
Marine Police:
It is formed in a temporarily basis inside the Police headquarters
ϯϰϰ
under a Deputy Inspector General of Police.
Police Telecom and Information Management:
It is led by a Deputy Inspector General of Police.
It maintains the communication system for Bangladesh Police

through out the country.
* 17.7 Duties & Responsibilities or functions of

Bangladesh police *
Mr Robert Reiner remarked that ‘policing is an inherently conflict

ridden enterprise’ i.e. the police has a professional responsibility
demanding from them the highest standards of conduct,
particularly those of honesty, impartiality and integrity.
Bangladesh Police devotes a round the clock service to public

order, peace and security and works relentlessly to secure life and
property of the people. The enormous area of responsibility and
the volume of works of Bangladesh Police entail activities ranging
from domestic law and order management to performing globally
with the UN in its different peacekeeping missions.
Sections 154-176 of Cr. PC 1898 describe the power and

functions of the police. Generally, duties & responsibilities
or functions of Bangladesh polices are:
(1) In order to prevent crime, they make arrest of law-breakers

& suspected criminals; [Section 46]
(2) Patrolling & surveillance are another functions to prevent

anti-social crime;
(3) Police does the work of traffic control and take necessary
action to prevent road accidents.
(4) Investigating of criminal offenders & collect evidence;

[Sec.155-156]
ϯϰϱ
(5) Releasing accused on bond or security;
(6) Interrogating suspects/offenders;
(7) With or without warrant, they can search any person & seize
any property;[Section 165]
(8) Recording information in the Inquest-Register;
(9) Actively assist the prosecution during trail of a case;
(10) Controlling juvenile delinquency;
(11) General social welfare functions, such as tracing out missing

person;
(12) Identifying criminals or evidences through finger print,

pictures, DNA test etc.;
(13) Co-operate with other law enforcement authorities.
According to the Bangladesh police, they perform the following

activities:108
(a) Crime Management / Public Order Management / Basic

Policing / Law Enforcement:
x Assisting Prosecution;
x Collecting intelligence;
x Response to crime Incidents;
x Investigation;
x Verification;
x Public Order Management;
x Traffic Management.
(b) Internal Security:

x Security Patrols;
x Security Watchdog;
x VVIP Security;

ϯϰϲ
x KPI Security;
x Security at National Occasions (Religious festival,
Fair, Ijtema, Pahela Baishakh etc.).
(c) Social Integration:
x Raising Awareness (Through Training, Rally,
Exhibition, Media Coverage, Visiting schools etc.);
x Community Policing;
x Humanitarian Efforts (Winter cloth distribution,
helping disaster victims etc.);
x Participation in the Social Events (Being partner in
Events like fair, assistance etc.);
x Observing Open House Day;
x Blood Donation;
x Victim Support Center.
(d) Performing Internationally:

x UN Peacekeeping Missions;
x Addressing Transnational Crimes (Interpol,
SAARCPol etc.).
* 17.8 Problems of the Bangladesh Police*
The Bangladesh police faces the following problems:

(1) Due to lack of public support, police faces different problems
during investigation;
(2) Lower ranking police officials lacks higher education &
intellectual abilities to deal with general public;
(3) Government or politicians use police force excessively, as a
result, lost their independence to act freely;
(4) Remuneration is very low or not sufficient enough;
(5) Inadequate logistic support affects their service to the public;
(6) They need to deal with many cases in short time & submit
report;
(7) General people has lost their trust on them as they misused
their power;
ϯϰϳ
(8) They lack sufficient accountability to the government &
general public.
* 17.9 Statistics*

assault on police forces:109
Years Police Assault

2002 281
2003 271
2004 280
2005 240
2006 337
2007 278
2008 296
2009 357
2010 473
2011 581
2012 659
2013 1257
Sept, 2014 702
Total 6012
* 17.10 Citizen Charter of Bangladesh Police*
The citizen charter of Bangladesh police are:
(a) It serves the general public of Bangladesh;
(b) Every single citizen is equal in the eyes of law regardless of

their ethnicity, religion, race and political, social & economic

ϯϰϴ
classes;
(c) All who visit a Police Station, seeking help would be served in
a “First come first serve” basis;
(d) All who visit a Police Station, seeking help would be treated
in a respectful manner and addressed respectfully;
(e) Duty officer would help all those who wish to file a General
Diary as best as they could and a 2nd copy of the application
bearing GD number, date and signature along with the seal of
relevant police officer would be given to the applicant. Action
would be taken regarding the subject matter of the GD as
soon as possible and the applicant would be notified about the
progress made;
(f) The Officer-in-Charge would record the oral/written

statement of those that wish to file a case or F.I.R.
Complainant would also be notified of the case number, date,
section under which the accused would be tried and the name
along with the rank of the investigating officer. The
investigating officer would maintain regular communication
with the complainant and notify him/her about the progress
made in the investigation. After the completion of the
investigation, the complainant would be notified about the
result through a written statement;
(g) If a person wishing to file a case is refused by the Officer-in-

Charge/duty police officer, the complainant is advised to
follow the following procedure:
͒͒
(i) Inform the Assistant Commissioner of Police of the
relevant metropolitan or the Assistant Superintendent
of Police of the district;
(ii) Inform the relevant Deputy
Commissioner/Superintendent of Police if no action is
taken regarding the matter;
(iii) Inform the Police Commissioner/DIG if the
ϯϰϵ
aforementioned officers fail to take any action;
(iv) Inform the Inspector General of Police if all the
aforementioned officers fail to take any action;
(h) An injured victim would be provided with all possible

assistance from the Police Station. Police would also collect all
the necessary medical certificates;
(i) The Children Act 1974 would be followed when dealing with
underage convicts and it would be ensured that they do not
come in contact with adult convicts. To ensure this, every
Police Station would be equipped with underage jail facilities
over time;
(j) Under normal circumstances, female convicts/victims would be

under the responsibility & protection of female Police Officers;
(k) Some of the Police Stations in Bangladesh have been

equipped with One-Stop Delivery Service. Gradually all the
Police Stations will also be equipped with this facility;
(l) In order to provide all possible assistance to injured and

psychologically disheveled victims, all the Police Stations will
be gradually equipped with victim support units;
(m) Inquiry report regarding passport, verification and firearm

license would be sent to the corresponding units within 3 days
of getting request for inquiry;
(n) Any citizen can file a complaint to higher authority against a

Police Officer for denying him/her any of the listed police
assistance;
(o) For metropolitan area, telephone numbers of Commissioner,

Additional Commissioner, concern Joint Commissioner,
Deputy Commissioner, Additional Deputy Commissioner and
zonal Assistant Commissioner and for district, telephone
numbers of Superintendent of Police, Additional
ϯϱϬ
Superintendent of Police, ASP (HQ), concern Circle ASP and
Officer-in-Charge will be displayed in open places in all
Thanas (Police Station) of that metropolitan area or district;
(p) In stipulated time of all working days, officers of all levels

working in metropolitan and district would extend their co-
operation to all people seeking help;
(q) Members of thana police will maintain uninterrupted

communication with concern community and will initiate
community oriented policing service;
(r) Senior Police Officers will regularly conduct crime prevention

meeting with the concern community and will try to resolve
social problems within legal framework;
(s) Police will issue Police Clearance Certificate (PCC) to all

candidates who are willing to go abroad for the purpose
of foreign employment/ higher education;
(t) Police escort will be arranged as per need basis for any
organization, who would like to withdraw substantial amount
of money from the bank;
(u) The list of services provided by the traffic division of concern

metropolitan/district police to control vehicles' movement
would be exhibited in open places.
* 17.11 Criticisms of Bangladesh Police *
Bangladesh police has been criticized for the followings:

(a) Having political influence in all levels & major decisions are
taken under political conditions;
(b) Corruption is widespread among them;
(c) Torture and custody deaths are increasing;

ϯϱϭ
(d) They harass innocent people for their personal benefits;
(e) The delay by police in reaching the spot of the occurrence

distorts the situation;
(f) The image of police in general public is so ugly tat common

man does not come forward to render any cooperation with it;
(g) The investigations done by some officials in illegal methods;
(h) The investigation work in criminal cases is not done properly

by the police. The investigation is widely handicapped and
provide abuse in the absence of massive use of scientific
instruments.
* 17.12 Reforms of Bangladesh Police*
The Police Reform Programme (PRP) 2013 is a long-term and

comprehensive capacity building initiative to improve human
security in Bangladesh and support the transition from a colonial
style police force to democratic policing by strengthening the
Bangladesh Police’s ability to contribute to a safer and more
secure environment based on respect for the rule of law, human
rights and equitable access to justice.
Police Reform Program (PRP) aims at improving the efficiency &

effectiveness of the Bangladesh Police by supporting key areas: 110
(a) Access to justice;

(b) Crime prevention;
(c) Investigation;
(d) Police operations & prosecutions;

ϯϱϮ
(e) HR management & training;
(f) Future directions, strategic capacity & oversight.
There are many problems still to be addressed in the reform and

renewal of the Bangladesh Police through the Police Reform
Programme. These include:
¾ Shortfalls in supervisory and managerial competence;
¾ Police are under-resourced and under-trained;
¾ Low motivation and morale linked to low pay, poor working

conditions, limited promotion prospects (especially at the
lower levels);
¾ Low number of women police and low representation in

supervisory and management positions;
¾ Propensity to focus on protocol, ceremonial and static security

tasks;
¾ Inadequate overall strategic planning, including human

resource and career development, transparency and
accountability of function;
¾ Lack of specialised technical capacity to deal with emerging

crimes;
¾ External influences on police management and effective

operations;
¾ Lack of confidence of the community, civil society and

business in the police service;
¾ Lack of sensitivity by the police on the plight of victims of

crime, particularly women, young people, minorities, the
landless poor, street people and other vulnerable groups; and
¾ Existence of opportunistic and institutional corruption.
ϯϱϯ
ϯϱϰ
The PRP components, objectives and outcomes are as
follows:
(a) Component 1: Strategic Direction and Organisational

Reform
x Objective: Build the capacity of the Bangladesh
Police to formulate and implement its organizational
vision.
x Outcome: Strategic direction and organisational
reform supported by planning and budgeting,
enhanced accountability and oversight, and a
modernised legislative framework.
(b) Component 2: Human Resource Management and

Training
x Objective: Improve the human capital of the
Bangladesh Police.
x Outcome: Human Resource Management systems
and structures strengthened and training capacity
enhanced to produce more competent and professional
police.
(c) Component 3: Investigations, Operations and

Prosecutions
x Objective: Undertake investigations in a timely and
professional manner based on sound evidence and
case management and improved preparation and
presentation of court documents.
x Outcome: Improved police operations, investigations
and prosecutions to enhance fair and equitable
justice.
(d) Component 4: Crime Prevention and Community

Policing
x Objective: Establish a sustainable structure,
through which community policing will function from
the Crime Prevention Cell at Headquarters to District
level and down to the Thana and individual Forum.
x Outcome: Improved trust and interaction between
community and police resulting in improved access to
ϯϱϱ
justice, human rights and reduced fear of crime.
(e) Component 5: Promoting Gender Sensitive Policing

x Objective: Increase representation of women in the
Bangladesh Police and provide training on how to
work effectively with women (whether as colleagues
or clients) in a non-discriminatory and equitable way.
x Outcome: Bangladesh Police promote the rights of
women and children to be free of fear through
improved representation at all levels and the
provision of equitable and sensitive policing and
victim support services.
(f) Component 6: Information, Communications and

Technology
x Objective: Revise and update the Bangladesh Police
Information Management Strategy and develop a
costed Master Implementation Plan for the
governance, management, procurement and roll-out of
ICT Strategy and Enterprise Architecture for
Bangladesh Police.
x Outcome: Bangladesh Police is progressively making
use of cost effective and sustainable information
communication technology to provide better service to
the community.
Corruption destroys trust and means that the poor and

vulnerable cannot access justice. Although corruption can be
linked, in part, to poor wages and inadequate support to the
thana, PRP can assist with efforts to tackle corruption, for
example - through community policing forums, citizens charter
and other procedural reforms.
Police reform needs to be supported by justice sector-wide reform.

A lack of progress on building the capacity of the formal justice
sector could undermine progress on police reform.
To support sector wide linkages the future initiatives need to link

and encourage debate and dialogue between justice sector
institutions. The capacity and collaborative role of other security
ϯϱϲ
services, including Ansar, VDP, Dafadar and Chowkidars also
needs to be better leveraged.
[Rajni Kanta v State of Orissa (1975) – The accused was

taken into custody before 11-30 P.M. on 29-6-74 and was taken to
the police lock-up at Lalbag. The day following was a Sunday. The
requirement in Section 57, of the Code of Criminal Procedure
makes no exception in its compliance on the ground of holidays
intervening and the practice is well settled that even on holidays
accused persons in detention are produced before Magistrates.
According to the learned Government Advocate, the accused was
taken out from the police station at about 7.30 p.m. on 30th June,
1974 and the accused returned along with the escort party to the
police station after 11.00 P.M. with an endorsement on the
command certificate that no Magistrate was available and,
therefore, the accused should be produced on the following day.
The law casts a heavy duty on the Magistrate and requires

judicial discretion to be exercised with utmost caution. This an
order of remand is conditioned upon satisfaction of the
Magistrate, the period of such remand shall, however, not exceed
fifteen days.]
Case Reference
[State of Bihar v J.A.C. Saldhana (1980) – A First

Information Report alleging loss of legitimate revenues due to the
railway by defrauding it with the connivance of railway officials
either by loading pearl coke without being booked according to
railway rules in the empty wagons after the manganese ore in
them were unloaded at Adityapur in Tatanagar, a railway siding
of the Tata Iron & Steel Co. Ltd. or by diverting without regular
booking of tanks containing furnace oil, was lodged on March 11,
1977, consequent upon which a case was registered at Tatanagar
G.R.P.S. disclosing offences under sections 420/120B, 418 and 368
ϯϱϳ
Indian Penal Code and sections 105/106 of the Indian Railways
Act, against 9 persons. One S. R. I. Rizvi, Inspector of Railway
Police, S. E. Railway Tatanagar commenced investigation into the
offences under the general supervision of R. P. Singh S.P.
Railway Police appellant in Crl. Appeal No. 300/79 and
Respondent 6 in Crl. Appeal No. 301/79. The D.I.G. Railway
Police who was the immediate superior of Respondent 6, wrote a
letter to the D.I.G., C.I.D., Bihar on May 11. 1977 requesting him
to entrust the investigation to the Central Bureau of
investigation, but the Inspector General of Police, Bihar, as per
his letter dated June 24, 1977, declined the request. In the
meantime on June 16, 1977 on a complaint from one Mr. Rusi
Modi representative of TISCO, at Patna to the Chief Secretary to
the Government alleging harassment of TISCO officials by
respondent 6 and requesting for appropriate steps, the cabinet
took the decision to transfer respondent 6. One Shri R. H. Modi
who was required to appear before the Investigating Officer,
made some enquiry by his letter dated November 4 1977 which
was copied to some higher police officers including Respondent 2,
Inspector General of Police, Bihar, acting on the copy of that
letter requested Respondent 3, Addl. I.G., C.I.D. to look into the
complaint of Mr. Modi. The third respondent sent a telegraphic
communication to Respondent 6 informing him that the
investigation of the aforesaid offences had been taken over by the
C.I.D. The Commissioner, South Chhota Nagpur Division,
Ranchi, on a request made by the Secretary to Government of
Bihar (Home) Police department enquired into the allegations
made by officers of TISCO against respondent 6 and, after
consultations with D.I.G., Railway, the immediate superior of
Respondent 6 submitted his report dated December 27, 1977
giving a clean chit to Respondent 6. In the meantime, there was
another application from M.L.As and M.L.Cs seven in all
addressed to the Inspector General of Police, Vigilance, Bihar
making serious allegations against the investigation made by the
C.I.D. under the supervision of respondent 3, whereupon the
Chief Secretary to Government of Bihar submitted a note to the
Chief Minister on August 28, 1978 suggesting that the case
involved in the matter be handed over to the CBI for inquiry. This
ϯϱϴ
note was approved and signed by the Chief Minister on the same
day. In the meantime, the Chief Secretary by his letter dated
September 2, 1978 directed respondent 3 to send all papers of the
case with a note indicating the stage of investigation, to him and
in compliance therewith respondent 3 sent all papers of
investigation till then done to the Chief Secretary with his
covering letter dated September 11, 1978. The CBI declined to
undertake the investigation and suggested that the Inspector
General, Vigilance Department may be asked to conduct the
investigation. The recommendation made accordingly by the
Chief Secretary on February 8, 1979 was accepted by they Chief
Minister on February 27, 1979. In- between on January 18 1979,
even though the papers were still with the Chief Secretary
respondent 3 directed the investigating officer respondent 4 to
submit the final report. When the Chief Secretary came to know
about it he wrote to respondent 2 deprecating the conduct of
respondent 3 in pushing through the matter, though the papers
were not with him and he was orally instructed not to submit the
final report. As under the direction and orders of respondent 3,
respondent 4 had already submitted final report on February 6,
1979, a communication was addressed to respondent 5.
Superintendent of Railway Police who had taken over charge
from respondent 6 to move the court not to accept the final report
and await report of Police after completion of the further
investigation which was directed by the Government in the case.
The matter was placed before the Addl. Chief Judicial Magistrate
on February 24, 1979 along with report of the Assistant Public
Prosecutor not to accept the final report of "no case" filed by
respondent 4, whereupon the learned Magistrate passed an order
to await report on further investigation and adjourned the matter
to 23-3-1979 for further orders.
On March 5, 1979, J. A. C. Saldanha respondent 1 and one of the

officials named in the First Information Report filed a Writ
Petition in the High Court questioning the validity, legality and
correctness of the order of the Additional Chief Judicial
Magistrate.. A full Bench of the High Court by its Judgment
dated May 14, 1979 quashed the order inter alia holding that the
ϯϱϵ
direction given by the Chief Secretary with the concurrence of the
Chief Minister for handing over investigation of the case to the
Inspector General Vigilance was illegal in as much as the I.G.,
Vigilance could not be entrusted in law with the investigation of
the case registered with the railway police and consequently the
learned Additional Chief Judicial Magistrate was in error in
postponing the consideration of the final report already submitted
by respondent 4 till such unauthorised investigation was
completed.
Allowing the appeal by the State, the Court reiterated that

investigation of criminal offences, was a field exclusively reserved
for the Executive, through the police department, the
superintendence over which, vested in the State Government. The
Court further held that the Court and judicial process should not
interfere at the stage of investigation.]
Case Reference
[State of U.P. v Deoman Upadhyaya (1960) – The respondent

was tried for the murder of one Sukhdei early on the morning of
June 19, 1958. The evidence against him was entirely
circumstantial and consisted of the following facts : (i) on the 18th
evening there was an altercation between the respondent and
Sukhdei during which he slapped her and threatened that he
would smash her face; (ii) on the 18th evening the respondent
borrowed a gandasa from one Mahesh ; (iii) before day break on
the 19th he was seen going towards and taking a bath in the
village tank; (iv) the respondent absconded immediately
thereafter; (v) he was arrested on the 20th and on 21st he offered
to hand over the gandasa which he said he had thrown in the
tank and thereafter he took the gandasa out of the tank, and (vi)
the gandasa was found to be stained with human blood. The
Sessions judge accepted this evidence, found that the irresistible
conclusion was that the respondent had committed the murder
and sentenced him to death. On appeal the High Court held that
S. 27 of the Indian Evidence Act offended Art. 14 of the
Constitution and was void as it created an unjustifiable
ϯϲϬ
discrimination between persons in custody whose statement
leading to discovery was made admissible and persons not in
custody whose statement was not made admissible even if it led
to a discovery; and consequently they held sub-s. (2) of s. 162 of
the Code of Criminal Procedure in so far as it related to S. 27 of
the Indian Evidence Act also to be void. As a result, the High
Court ruled out the statement of the respondent that he had
thrown the gandasa in the tank as inadmissible. They further
held that the story that the appellant had borrowed the gandasa
from Mahesh was unreliable. The rest of the evidence in the view
of the High Court was not sufficient to prove the guilt of the
respondent and accordingly they acquitted him.
Thus, if a weapon used in a murder case is recovered by the police

as a result of confession made by an accused person, the recovery
is a relevant piece of evidence.]
Case Reference
[Kodali Puranchandra Rao v Police Prosecutor, A. P.

(1975) – The two girls died an unnatural death. The corpse of one
was found on a beach having been washed ashore and the Corpse
of the other was seen floating in the sea. A fisherman who noticed
the second body saw marks indicating throttling. He removed a
wrist watch and ornament, from it and allowed the body to drift
away. The wrist watch and ornaments were identified as
belonging to the younger sister of the first victim. The 3
possibilities are, that they committed suicide by drowning, or that
their deaths were accidental, or that they were done to death by
some person or persons. The choice of any of these possibilities
would lead to the exclusion of the other two.
After investigation, Inquest-report is prepared which is duly

signed by the Investigator and attesting witnesses and forwarded
to the District or Sub-Divisional Magistrate forthwith. However,
the police has a discretion not to send the dead body for post-
mortem examination only when there can be no doubt about the
ϯϲϭ
cause of death. But this discretion has to be exercised honestly
and prudently.]
Case Reference
[BLAST & Another v Bangladesh & Others1998͒͒55 DLR

(2003) 363-Writ Petition No. 3806 in the High Court Division of
the Supreme Court of Bangladesh]
Facts:
BLAST, Ain o Salish Kendra, Shonmilito Shamajik Andolon and
several individuals filed a writ petition in the High Court
challenging the abuse of police powers to arrest without warrant
under Section 54 of the Code of Criminal Procedure (CrCP) and
the abuse of powers regarding taking the accused into remand
(police custody) under Section 167 of the CrPC. The petitioners
referred to recent incidents of gross abuse of power, including
allegations of custodial death, torture and inhuman treatment,
especially the killing of a young student, Rubel, in remand after
arrest under Section 54 of the CrPC.
Argument:
The petitioners argued that law enforcing agencies routinely
abuse the powers granted under Sections 54 and 167 of the CrPC,
and further that these provisions suffer from vagueness and allow
for arbitrary exercise of power. The petitioners argued that the
Court should enunciate safeguards to prevent or curtail police
abuse of powers and arbitrary actions by Magistrates, which
constitute violations of citizens’ fundamental rights to life and
liberty, to equal protection of law, to be treated in accordance
with law and to be free from cruel, inhuman and degrading
treatment and punishment as guaranteed under articles 32, 27,
31, 33 and 35 of the Constitution.
Order:
ϯϲϮ
The High Court initially issued a Rule Nisi, and upon full hearing
delivered judgment on 07.04.2003, observing that Sections 54 and
167 of the CrPC are not fully consistent with constitutionally
guaranteed freedoms and safeguards. The Court laid down a
comprehensive set of recommendations regarding necessary
amendments to both sections of the CrPC, along with the Police
Act, The Penal Code and the Evidence Act, and directed that
these should be acted upon within six months. It also laid down a
set of fifteen guidelines with regard to exercise of powers of arrest
and remand:
x No Police officer shall arrest anyone under Section 54 for the
purpose of detention under Section 3 of the Special Powers
Act, 1974;
x A police officer shall disclose his/her identity and show his/her
ID Card on demand to the person arrested or those present at
the time of arrest;
x A record of reasons of arrest and other particulars shall be
maintained in a separate register till a special diary is
prescribed;
x The concerned officer shall record reasons for marks of injury,
if any, on the person arrested and take him/her to nearest
hospital or government doctor;
x The person arrested shall be furnished with reasons of arrest
within three hours of bringing him/her to the Police Station;
x If the person is not arrested from his/her residence or place of
business, the relatives should be informed over the phone or
through messenger within one hour of bringing him/her to
Police Station;
x The person concerned must be allowed to consult a lawyer of
choice or meet nearest relations;
x While producing the detained person before the Magistrate
under Section 61 of the CrPC, the police officer must forward
reasons in a forwarding letter under Section 167 (1) of the
CrPC as to why the investigation could not be completed
within twenty four hours and why s/he considers the
accusation and information to be well founded;
x On perusal of the forwarding letter, if the Magistrate satisfies
him/herself that the accusation and information are well
founded and materials in the case diary are sufficient for
ϯϲϯ
detaining the person in custody, the Magistrate shall pass an
order of detention and if not, release him/her forthwith;
x Where a person is released on the aforesaid grounds, the
Magistrate shall proceed under 190(1)(c) of the CrPC against
the Officer concerned under Section 220 of the Penal Code;
x Where the Magistrate orders detention of the person, the
Officer shall interrogate the accused in a room in a jail until a
room with glass wall or grille on one side within sight of
lawyer or relations is constructed;
x In any application for taking accused in custody for
interrogation, reasons should be mentioned as recommended;
x The Magistrate while authorizing detention in police custody
shall follow the recommendations laid down in the judgment;
x The police officer arresting under Section 54, or the
Investigating Officer taking a person to custody or the jailor
must inform the nearest Magistrate about the death of any
person in custody in compliance with these recommendations;
x The Magistrate shall inquire into the death of any person in
police custody or jail as per the recommendations.
ϯϲϰ
ϯϲϱ
Chapter-18
JUVENILE
DELINQUENCY
ϯϲϲ
Chapter 18
18.1 Definition of Juvenile Delinquency

b) Criminologists definition
18.2 Definition of children
18.3 Characteristics or features of a delinquent juvenile
18.4 Different kinds of juvenile delinquency
18.5 Justifications of juvenile delinquent acts
18.6 Reasons of juvenile delinquency
18.7 Crime theories applicable to juvenile delinquency
Rational choice
Social disorganization
Strain
Differential association
Labeling
Social control
18.8 Treatment of Juvenile Delinquents

i. Correctional and rehabilitation centres
ii. Strengthen the family unit
iii. Moral education
iv. Community programmes
v. Identification of potential delinquency
vi. Counteracting delinquent propensities
18.9 Juvenile Delinquency in Bangladesh

Juvenile Development Institutes
Objectives of Juvenile Development Institutes
Training Programs of Juvenile Development
Institutes
Development Programs of Juvenile Development
Institutes
.
18.10 The Role of UNICEF

18.11 The Child Act 2013
18.12 Criticisms
ϯϲϳ
ϯϲϴ
“We are guilty of many errors and many faults, but our worst
crime is abandoning the children, neglecting the foundation of
life. Many of the things we need can wait, the child cannot, right
now is the time his bones are being formed, his blood is being
made and his senses are being developed. To him, we cannot
answer ‘tomorrow’. His name is ‘Today’.”
Nobel Laureate Gabrial Mistral
* 18.1 Definitions of Juvenile Delinquency *
The word ‘delinquency, has derived from the Latin word
‘delinquer’, which means ‘to omit’. In 1484, Mr William Coxson
used the term ‘delinquent’ to describe a person found guilty of
customary offence.
Generally, a juvenile delinquent is a person who is typically

under the age of 18 & commits an act that otherwise would have
been charged as a crime if he were an adult.
Juvenile delinquency (also known as juvenile offending/youth

crime) is the habitual committing of criminal acts or offences by a
young person, especially, one below the age at which ordinary
criminal prosecution is possible.
b) Criminologists definition:
Mr William H. Sheldon opined –
“Delinquency refers to repeated acts of a kind, which, when

committed by a person beyond the statutory juvenile courts are
punishable as crime”.
ϯϲϵ
Mr Paul B. Tappan said that –
‘Juvenile delinquency is an act, a course of conduct or a situation,

which might be brought before a court and adjudicated’.
Sir Cyril Burt said that –
‘A child is to be regarded as technically a delinquent when his

anti-social tendencies appear so grave that he becomes or ought
to become the subject of the official action’.
Dr. Sethnaobserved that –
‘Juvenile delinquency involves wrong doing by a child or a young

person who is under age specified by law (for the time being in
force) of the place concerned’.
Mr Adolphe Quetelet commented that–
‘The propensity to crime is at its maximum at the age when

strength and passions have reached their height, yet when reason
has not acquired sufficient control to master their combined
influence’.111 Therefore, children & juvenile who are neglected in
the family or society, becomes easily involve with criminality.
Mr Radzinowicz asserted that –
‘The adolescents claim the highest share in violence due to

dashing nature, lack of foresight, uncritical enthusiasm, physical
strength, endurance and desire for adventure’.112
Ms R. S. Cavan observed that –
‘Irrespective of legal definition, a child might be regarded as

delinquent when his anti-social conduct inflicts suffering upon

111 Paranjape, N. V. : ‘Criminology and Penology’, 14th ed., p. 527.
112 Radzinowicz & King, J. : ‘The Growth of Crime’, 1977.
ϯϳϬ
others or when his family finds him difficult to control. So that he
becomes a serious concern of the community’.113
However, the question of exact definition of ‘juvenile delinquency’

has always remained a debatable issue among criminologists.
The consensus of the 2nd UN Congress on the ‘Prevention of

Crime and the Treatment of Offenders’ adopted the view that the
issue of definition need not be stretched too far and the meaning
of the term ‘juvenile delinquency’ be restricted to all violations of
criminal law and maladjusted behaviours of minors, which are
disapproved by society.
* 18.2 Definition of Children *
A young human being below the age of puberty or the legal age of
majority is called children.
According to section 4 of the Child Act 2013, a child – who is

under 18 years of age.
* 18.3 Characteristics or features of a delinquent

juvenile*
A delinquent juvenile is a person who:114

(1) Is found begging;
(2) Is found without having any home or settled place of abode

and without any ostensible means of subsistence and is
destitute;
(3) Has a parent or guardian who is unfit or incapacitated to

exercise control over the juvenile;

113 Paranjape, N. V. : ‘Criminology and Penology’, 14 th ed., p. 529.
114 The Indian Juvenile Justice Act 1986.
ϯϳϭ
(4) Lives in a brothel or with a prostitute or frequently goes to
any place used for the purpose of prostitution;
(5) Is found to associate with any prostitute or any other person

who leads an immoral, drunken or depraved life;
(6) Is being or is likely to be abused or exploited for immoral or

illegal purposes or unconscionable gain.
Any of the following acts and behaviours are treated as

juvenile delinquency:115
(1) A felony, high misdemeanor, misdemeanor or other offence;
(2) The violation of any Penal Law or other laws;
(3) Any act or offence for which he could be prosecuted in the

method partaking of the nature of a criminal action or
proceeding;
(4) Being a disorderly person;
(5) Habitual vagrancy;
(6) Incorrigibility;
(7) Immorality;
(8) Knowingly visiting gambling places or patronizing other

places or establishments, hi or her admission to which
constitutes a violation of law;
(9) Idly roaming the streets at night;
(10) Habitual truancy from school.
* 18.4 Different kinds of Juvenile Delinquency *

115 Ibid.
ϯϳϮ
Juvenile delinquency could be classified into three categories:
(a) Criminal behavior – Crime dealt by the criminal justice
system;
(b) Delinquency – Crimes committed by minors which are dealt

with by the Juvenile Courts & Justice System;
(c) Status offences – Crimes, which are only classified as such

because one is, minor & dealt with by the Juvenile Courts.
* 18.5 Justifications of juvenile delinquent acts*
After committing a delinquent act, the juveniles try to give the

following justifications or excuses:
(1) Usually deny the responsibility by claiming that the act was a
result of uncontrollable passion, accident, poverty or parental
neglect etc.;
(2) Due to alcoholism, drug-tracking vagrancy etc., take the plea

that nobody is actually harmed, either physically, mentally or
financially by the criminal act;
(3) In case of sex-offence, domestic violence etc., may claim that

the victim is also liable to initiate the crime;
(4) Claim that since everyone has at sometime or the other

committed a criminal act, hence no one has a moral
justification to blame or condemn him;
(5) Justify the criminal act on the approval of the gang or group
or criminal organization who are more important to them
than their family or society.
* 18.6 Reasons of juvenile delinquency *

ϯϳϯ
The followingreasonsare mainly liable to the juvenile
delinquency:
(1) Industrialization, urbanization are tempting young people to
resort to wrongful means to satisfy their luxurious life;
(2) Lack of parental control, divorce, fighting between parents,

lack of love & care towards children etc. are influential
causes of Juvenile delinquency;
(3) Poverty, unemployment are causing young people to join

criminal gangs;
(4) Migration to the slum areas bring youngsters into close

contact with crimes;
(5) Lack of moral and religious education in the schools and

colleges etc.;
(6) Bad companions and associations;
(7) Illiteracy, child labour, drugs are also contributing factors of

Juvenile delinquency;
(8) Biological factors, media such as movie, drama, video games

etc incite juveniles to commit crimes.
* 18.7 Crime theories applicable to juvenile

delinquency*
There are a multitude of different theories on the causes of crime,

most if not all of are applicable to the causes of juvenile
delinquency. They are:
Rational choice:
Classical criminology stresses that causes of crime lie within the
individual offender, rather than in their external environment.
For classicists, offenders are motivated by rationalself-interest,
ϯϳϰ
and the importance of free will and personal responsibility is
emphasized.116

Rational choice theory is the clearest example of this idea.
Delinquency is one of the major factors motivated by rational
choice.
Social disorganization:
Current positivist approaches generally focus on the culture.
A type of criminological theory attributing variation in crime and

delinquency over time and among territories to the absence or
breakdown of communal institutions (e.g. family, school, church
and social groups.) and communal relationships that traditionally
encouraged cooperative relationships among people.
Strain:
This theory holds that crime is caused by the difficulty those in
poverty have in achieving socially valued goals by legitimate
means.
As those with, for instance, poor educational attainment have

difficulty achieving wealth and status by securing well paid
employment, they are more likely to use criminal means to obtain
these goals.117
A difficulty with strain theory is that it does not explore why

children of low-income families would have poor educational
attainment in the first place.
More importantly is the fact that much youth crime does not have
an economic motivation.
Strain theory fails to explain violent crime, the type of youth

116 Eadie, T. and Morley, R. : ‘Crime, Justice and Punishment’. In Baldock, J.; et
al. Social Policy (3rd ed.), Oxford: Oxford University Press, 2003.
117 Brown, S. : ‘Understanding Youth and Crime (Listening to youth?)’,
Buckingham: Open University Press, 1998.

ϯϳϱ
crime that causes most anxiety to the public.
Differential association:
This theory also deals with young people in a group context, and
looks at how peer pressure and the existence of gangs could lead
them into crime.
It suggests young people are motivated to commit crimes by

delinquent peers, and learn criminal skills from them.
There is strong evidence that young people with criminal friends

are more likely to commit crimes themselves.
However it may be the case that offenders prefer to associate with

one another, rather than delinquent peers causing someone to
start offending.
Furthermore there is the question of how the delinquent peer

group became delinquent initially.
Labeling:
This theory aims to explain deviant behavior from the social
context rather than looking at the individual themselves.
It is part of interactionism criminology, which states that once

young people have been labeled as criminal they are more likely
to offend.
The idea is that once labeled as deviant a young person may

accept that role, and be more likely to associate with others who
have been similarly labeled.
Labeling theorists say that male children from poor families are
more likely to be labeled deviant, and that this may partially
explain why there are more working class young male
offenders.118

118 Walklate, S. : ‘Understanding Criminology – Current Theoretical Debates’, 2nd
edition, Maidenhead: Open University Press. 2003.

ϯϳϲ
Social control:
This theory proposes that exploiting the process of socialization
and social learning builds self-control and can reduce the
inclination to indulge in behavior recognized as antisocial.
* 18.8 Treatment of Juvenile Delinquents*
The following treatments could be followed toreduce the juvenile

delinquent behaviours:
a) Correctional and rehabilitation centres:

The centres should function in the right spirit for the enlistment
of the juvenile delinquents, for example – probation officer should
periodically visit the home of the released juvenile delinquent to
watch the positive progress etc.
b) Strengthen the family unit:

Parents are primarily responsible for instilling in their children
socially redeeming morals and values.
Parenting classes may be introduced when they lack the skills,
abilities, and maturity to socialize their juveniles.
c) Moral education:
Schools, religious institutions and community-based organizations
can positively influence the juveniles.
d) Community programmes:
Communities must be proactive by responding to children who
are at risk of committing delinquent acts and has responsibility to
engage youngsters in activities that encourage productive, law-
abiding behaviour.
e) Identification of potential delinquency:

In order to prevent the juvenile delinquency, the timely
identification of potential delinquency is quite essential.
ϯϳϳ
The preventive programmes should include – research
programmes to discover the pre-delinquents, future-delinquents
and non-delinquents.
f) Counteracting delinquent propensities:

By means of various recreational programmes, many talents
and energy of the young can be channelized into pursuits like
sports, games, drama, music etc., which will counteract the
delinquent propensities.
* 18.9 Juvenile Delinquency in Bangladesh*
Juvenile delinquency has emerged as a matter of concern in

Bangladesh in recent times with the number of children mostly
poor involved in criminal activities. Numerous social factors
coupled with poor parenting, family troubles and above all
poverty are pushing these children to undesirable activities.
According to section 59(1) of the Child Act 2013, the government

is mandated to establish and maintain necessary number of Child
Development Centres based on gender disaggregation for the
accommodation, reformation and development of children who are
ordered to be detained and those who are undergoing trial.
According to section 60 of the Child Act 2013, the government

may, by notification in official Gazette, permit any person,
institution or organization to establish and maintain in the
method provided by Rules any certified institute subject to
fulfilling prescribed conditions.
Juvenile Development Institutes:

In Bangladesh, there are four juvenile development institutes: 119
(1) Correctional Institute for 150 boys at Jessore;

(2) National Correctional Institute for 200 boys at Tongi,
Gazipur;

119 www.dss.gov.bd
ϯϳϴ
(3) National Correctional Institute for 150 girls at Konabari,
Gazipur;
(4) Juvenile Development Centre for 300 boys at Joypurhat.
Objectives of Juvenile Development Institutes:

The juvenile centres has the following objectives:
(1) To create a congenial atmosphere in the family and also in the

society by giving due attention to all dimensions of protection,
survival and development of the children;
(2) To eliminate the adverse effects, which make children

delinquent through recognised methods of correction;
(3) To receive the juveniles in the centre for correction, not for
the punishment;
(4) To carry out the judgment imposed by the courts with utmost
humanity;
(5) To retain the rights and privileges like other members of the
society;
(6) To assist the rehabilitation and integration of the Juvenile

offenders into the community as law abiding and productive
citizen of the country;
(7) To give importance to the family and society in the

correctional process.
Training Programs of Juvenile Development Institutes:
The Institutes have the following training programs:

(1) Tailoring;
(2) Electrical wiring;
(3) Automobile;
(4) Poultry;
ϯϳϵ
(5) Welding;
(6) Wood works;
(7) Electronics;
(8) Industrial sewing;
(9) Embroidery.
Development Programs of Juvenile Development Institutes:
The Institutes have the following development programs:

(1) General & religious education;
(2) Counseling for behavioral correction;
(3) Regular recreational activities, such as games, sports etc.;
(4) Re-habilitation activities.
* 18.10 The role of UNICEF *
UNICEF's overall objective is to establish a child oriented

juvenile justice system, which ensures the well-being of children
in conflict with the law and an appropriate reaction according to
their age.120
UNICEF Bangladesh has contributed in several ways to

address the issue of children in conflict with the law, such
as –
(a) Based on an assessment carried out in partnership with

relevant institutions, it has developed training materials on
juvenile justice for police, magistrates and judges;
(b) It was instrumental in supporting the drafting of the

'National Social Policy on Models of Care and Protection for
Children in Conflict with the Law', which was a first in
separating children in need of protection from children in

120 www.unicef.org
ϯϴϬ
conflict with the law and also provided guidelines on how to
appropriately deal with these children;
(c) The international minimum standards on juvenile justice was
translated into Bengali in order to ensure that front line
workers such as - police, magistrates, judges, probation
officers and social workers would have better access to these
international standards;
(d) It also played an instrumental role in establishing the

National Taskforce on children in conflict with the law;
(e) In 2006, UNICEF and CIDA established a Juvenile Justice

Roundtable (JJR) with a broad membership including UN
agencies, development partners, donors and NGOs;
(f) It has initiated advocacy with the policy-makers and training

institutes for judges, magistrates and police in order to
incorporate a juvenile justice component in their respective
training curriculum;
(g) It is also advocating with relevant ministries in order to

incorporate the international minimum standards on juvenile
justice into domestic legislation.
͒*
* 18.11 The Child Act 2013͒
The new Child Act 2013 abolishes the early Child Act 1974. The
new Act is harmonized with the United Nations Convention on
the Rights of the Child (CRC).
Some provisions have been incorporated in the new Act in

response to directions of the Supreme Court as well as the
requirements of other international instruments, such as the
Beijing Rules.
ϯϴϭ
This is a special law, with overriding effect, therefore, section 3 of
the Act provides that notwithstanding anything contained in any
other existing law the provisions of this Act shall prevail.
The salient features of the Act are:
(a) Probation Officer:

According to section 5, the government will appoint one or more
probation officer/s in the district, upazila and metropolitan areas;
Section 6 states the duties and responsibilities of a probation

officer, which includes –
(2) To ascertain the reason for which the child is brought to the
police station;
(3) To meet the child and assure him that he will be provided
with all kinds of assistance;
(4) To communicate and co-ordinate with the police about the
concerned case or complaint;
(5) To trace the parents of the child concerned and to assist the
police in communicating with them;
(6) To assess the possibility of bail for the child with the Child
Affairs Police Officer or where applicable;
(7) To undertake diversion process upon evaluating the
background of the concerned case;
(8) Where diversion is not possible or the child is not released
on bail to arrange placement of the child in a safe home
before he is produced in court etc.;
(9) To deal with children in contact or in conflict with the law
who are brought before the Children’s Court;
(10) To remain present in the court during the trial, and to give
company to the child as far as possible, whenever
necessary;
(11) To hold a field inquiry and to prepare an inquiry report
taking into consideration the conditions of the child and his
surroundings and to submit such report to the court;
ϯϴϮ
(12) To ensure legal representation for the child including
provision of legal aid through the District Legal Aid
Committee;
(13) To communicate, when necessary, with non-government
legal aid organizations in order to ensure legal
representation for the child.
(b) Child Welfare Boards:
As per section 7, the Child Welfare Boards will be formed at
national, district and upazila levels and responsibilities includes
–
(1) To provide guidelines regarding rehabilitation and
reintegration into family and social life of disadvantaged
children and those children in contact or in conflict with the
law;
(2) To advise those concerned regarding the development and
implementation of plans with a view to realizing welfare
and development of children;
(3) To ascertain the gender-disaggregated number of such
children;
(4) To advise the government upon collecting data and
information about their ways or standards of living;
(5) To determine in an appropriate case the mode of necessary
diversion or alternative care and to assess the data and
information of children under such process or care;
(6) To frame guidelines and if necessary, to make
recommendations and provide instructions for the District
and Upazila Boards;
(7) To call for reports from them on their activities from time to
time and, for the purpose of coordinating their activities, if
necessary, to arrange for inter-Board coordination
meetings.
The minster of the Ministry of Social Welfare will be the

chairperson of the board.
ϯϴϯ
District Commissioner and Upazila Nirbahi Officer (sub-district
executive officer) will be the presidents of the district and upazila
levels board respectively.
(c) Child Affairs Desk:

As per section 14, under the Ministry of Home Affairs, a “Child
Affairs Desk” headed by a “Child Affairs Police Officer” (CAPO),
not below the rank of Sub-Inspector. It is also provided that if
there is a female Sub-Inspector working in the concerned police
station, she shall be given priority while assigning
responsibilities of the Child Affairs Desk.
The responsibilities and functions of the CAPO shall include –
(1) Maintaining separate files and registers for the cases

involving children;
(2) Where any child is brought to the police station - to inform
the Probation Officer;
(3) To inform the child’s parents or, in their absence, foster
carer or the guardian or members of his extended family
and to notify them of the date for producing the child before
the court along with other details of the case;
(4) To provide immediate mental support for the child;
(5) To arrange for his or her first aid and, if necessary,
(6) To send the child to a clinic or hospital;
(7) To take necessary measures to meet the basic needs of the
child etc.
[State v. Secretary, Ministry of Law,

Justice and Parliamentary Affairs, (2009)
59 BLD (HCD) 656]
(d) Charge Sheet:

Section 15 of the Act specifies about submitting charge sheet
against children. According to the act, a single charge sheet
consisting of adults and children cannot be submitted.
͒
ϯϴϰ
(e) Children’s Court:
Section 16 of the Act provides that at least one “Children’s
Court” is to be established in every district headquarter and in
every metropolitan area.
If a case is filed against a child, whatever crimes s/he committed,

the children court will try him/her as may be specified by Rules.
[section 17]
The Children’s Court has the powers of a Court of Sessions under
the Code of Criminal Procedure; powers of a Civil Court in
respect of service of summons, summoning witness and ensuring
their attendance, production of documents or materials and
receiving evidence on oath. [section 18]
The court shall arrange for appropriate seating for the child and
in case of a challenged child, where necessary, provide special
seating. While the trial of a child is continuing, the lawyer, police
or any other official present in court shall not wear any
professional or official uniform. [section 19(4)]
Notwithstanding anything contained in the Code of Criminal

Procedure or any other law for the time being in force, the
Children’s Court shall complete the trial within 360 days from
the day of the child’s first appearance before the court.
[section 32]
If for any acceptable or practical reason the trial cannot be
concluded within the time mentioned, the Children’s Court shall
give reasons and extend the deadline by another 60 days.
[section 32]
Where a child is found guilty of an offence punishable with death

or imprisonment for life the Children’s Court may order the child
to be detained in a Child Development Centre for a period not less
than 3 and not more than 10 years. However, if a child is found
guilty of an offence not punishable with death or imprisonment
for life he may be ordered to be detained in a Child Development
Centre for up to 3 years. [section 34]
ϯϴϱ
The court shall mention within every order that the order may be
reviewed periodically and that it may review any order passed by
it and may release the child with or without any condition.
[section 35]
The government may release any child from the Child

Development Centre or certified institute with or without
conditions upon consideration of any recommendation received
under section 34(2) sent by any Child Development Centre or
certified institute. Alternatively, the matter may be referred to
the National Child Welfare Board for its recommendations on the
concerned issues. [section 35(2)]
Within seven days of conclusion of the trial, the court shall inform
the result of the trial in writing to the child, his parents or, in
their absence, foster carer or legal guardian or member of his
extended family, the child’s lawyer and the Probation Officer. If
any child is released, the information shall be communicated
directly or through the Department, Probation Officer or the
lawyer to the child, his parents or, in their absence foster carer or
legal guardian or member of his extended family. When a child is
released under the aforementioned provisions, and if a child in
contact with the law is involved, the Children’s Court shall
communicate the information directly or through the
Department, Probation Officer or lawyer to the child in contact
with the law, the child’s parents or, in their absence, foster carer
or legal guardian or member of his extended family. [section 40]
Appeal from any order of the Children’s Court lies before the
High Court Division and may be preferred within 60 days from
the date of the judgement of the Children’s Court but the power of
revision of the High Court Division shall not be affected. Any
appeal or revision is to be disposed of within 60 days from the day
it is filed. [section 41]
͒
(f) Arrest:
ϯϴϲ
According to the act, whatever the circumstance is, child aged
below nine cannot be arrested. [section 44(1)]
If a child above nine is being arrested, law enforcers cannot apply

handcuffs and rope around waist to the child. [section 44]
(g) Sentences:
The Act provides punishment for the following offences:
70 Cruelty to child Imprisonment for up to five
years or fine of up to one lac (one
hundred thousand) taka or both
71 Engaging a child in Imprisonment for up to five
begging years or fine of up to one lac taka
or both
72 Being drunk while in Imprisonment for up to one year
charge of a child or fine of up to fifty thousand
taka or both
73 Giving intoxicating Imprisonment for up to three
liquor or harmful years or fine of up to one lac taka
medicine to a child or both
74 Permitting a child to Imprisonment for up to three
enter places where years or fine of up to one lac taka
liquor or dangerous or both
drugs are sold
75 Inciting a child to bet Imprisonment for up to two years
or borrow or fine of up to fifty thousand
taka or both
76 Taking on pledge or Imprisonment for up to one year
buying articles from or fine of up to twenty-five
the child thousand taka or both
77(2) Allowing a child to be Imprisonment for up to two years
in a brothel or fine of up to fifty thousand
taka or both
78(1) Leading or Imprisonment for up to five
encouraging a child to years or fine of up to one lac taka
immoral activity or both
79 Using a child for Imprisonment for up to three
carrying fire arms or years or fine of up to one lac taka
illegal banned articles or both
and for committing
terrorist activities
80 Exploitation of child Imprisonment for up to two years
ϯϴϳ
or a fine of up to fifty thousand
taka or both
81 Publishing Imprisonment for up to one year
confidential or fine of up to fifty thousand
information by news taka or both
media
82 Abetting the escape of Imprisonment for up to one year
a child or fine of up to fifty thousand
taka or both
* 18.12 Criticisms *
Police, probation, social welfare officers and judiciary have lack of

knowledge about children’s right. Our present juvenile justice
system lacks approach of ‘non-denial freedom measures’.
[Shiplu & another v State, 49 DLR HCD, 53 – Shiplu a boy of

14 years old was tried with his mother for killing a woman under
section 302 under the Penal Code 1860. They were convicted with
the District Court and sentenced to imprisonment for life. In the
appeal preferred by Shiplu, the conviction of the trial court was
invoked by appellant’s advocate to be set aside for two reasons,
Shiplu was a child at the time of the trial and the trial of him was
not taken place in a juvenile court. Therefore the Appellate court
accepted the disposition of the appellant’s lawyer and issued an
order that the conviction as given by the District court would be
set aside.]
Case Reference
[Bimal Das v State, 46 DLR HCD, 460 – The Court

observed:“……..the age referred to in the section relates to the
age when he is charged with or tried for and not to the age when
the offence has been committed.”]
ϯϴϴ
Case Reference
[Satto & Others vs State Of U.P (1979) AIR 1519, (1979) SCR
(3) 768]
ACT:
Uttar Pradesh Children Act 1952 and approved Schools
under it, Sections 2(4), 29, 30, 34, 60, 68, 70, 79 and 79.
Facts:
Three Petitionersbetween the ages of 10 & 14 came by an eleven
year old girl, tending cattle in a village, near a neglected brick
kiln, which temptingly offered protective privacy for
committingrape.They advancedtowardsthe victim and tied her
up. Theyforcibly went through the exercise of rape. Thecourts
below have held the three petitioners guilty of an offence under
section 376 J.P.C. and sentenced each to two years' rigorous
imprisonment.
The offenders being children the dilemmatic issue is to fix the

sentencing guidelines for juvenile delinquents. It was argued that
"Justice and the Child” is a distinct jurisprudential
criminological branch of socio-legal speciality which is still in
its infant status in India and many other countries. The children
Act is apreliminary exercise, the Borstal School is an experiment
in reformation and even Section 360 Criminal Procedure Code
tends in the same direction. In the absence of any report from
the Reformation Officer nor any consideration of the social
milieu, personal antecedents, parental influence, educational
status and other material factors bearing on the three petitioners,
the Court while accepting the appeal –
Held:
The appellants should be released on probation of good conduct and
committed to the care of their respective parents and if no
surviving parents, then their guardian, executing a bond each
ϯϴϵ
without sureties to be responsible for the good behaviour of the
youthful offender for a period of two years from the date of release
and for the observance of a condition namely that the child shall be
put to school or continue its studies if it is already at school and
attend any recreational or meditational centre, if any, of the
parents' choice regularly. The Reformation Officer enjoying
jurisdiction in the locality will have supervision over each of the
appellants and shall make a report once every three months to the
Trial Court. The Reformation Officer will explain to the appellants
and their parents the import of this order [776H, 777A-C].
JUDGMENT:
The appeal was allowed on the question of sentence. The sentence
imposed by the learned Assistant Sessions Judge and affirmed by
the learned Additional Sessions Judge and the High Court, is set
aside. The appellants are ordered to be released on probation of
good conduct and to be committed to the care of their respective
parents, and if there are no surviving parents then their
guardian, on such parents or guardian executing a bond each
without sureties, to be responsible for the good behaviour of the
youthful offender for period of two years from the date of the
release and for the observance of a condition that the child should
be put to school or continue his studies if he is already in school,
and regularly attend any recreational centre or meditational
centre (if any) of the parent's choice. The Reformation Officer
enjoying jurisdiction in the locality will have supervision over
each of the appellants and shall make a report once every three
months to the trial court. The Reformation Officer will explain to
the appellants and their parents the import of this order.
A copy of this order will be sent to the approved school, Etawah,

and to the trial court for immediate compliance. A copy of the
order will also be served on counsel for the appellants for
communication to, and compliance by, the appellants.
Case Reference
ϯϵϬ
[Munna & Others v State of U.P. & Others (1982) AIR 806
1982 SCR (3) 47 1982 SCC (1) 545 1982 SCALE (1) 29]
ACT:
Constitution of India 1950, Article 32-Juvenile under trial
prisoners-Ill-treatment and exploitation in jail- Newspaper
report-Writ petition filed seeking relief- Allegations denied by
jailor-Allegations held serious-Writ petition cannot be summarily
dismissed.
Crime and Punishment-Juvenile delinquency-Inhibition against

sending children to jail-Person under sixteen years of age-Not to
be sent to jail-Detention in Children's Home or `Place of safe'-
Necessity of-Duty of Magistrates.
Uttar Pradesh Children Act 1951, ss. 2(9), 29, 30, 32 and 33 &
Uttar Pradesh Children's Rules 1962, Rules 14 and 15. Child-
Arrested for Offence-Not released on bail-Cannot be sent to jail-
Detention in `place of safety' or Children's Home-Statutory
requirement-Government to implement provisions of Act-Setting
up places for detention for children-Necessity of.
Facts:
There writ petitions were filed alleging on the basis of a news
report in the Indian Express dated 2nd December, 1981 that one
Mr. Madhu Mehta had visited the Kanpur Central Jail incognito
and found several juvenile under trial prisoners lodged there even
though there was a Children's Home in Kanpur, and that these
juvenile prisoners were being sexually exploited by adult
prisoners. Notice was issued to the State of Uttar Pradesh.
In the meanwhile a writ petition was filed in the High Court of

Allahabad seeking relief in respect of these juvenile under trial
prisoners. The High Court decided to investigate and by its order
dated 18th December, 1981 directed the Sessions Judge of
Kanpur to visit the Jail and to report whether any detenu below
the age of 16 years was detained, whether any detenu below the
ϯϵϭ
age of 21 years was being kept under fetters, and whether they
were subjected to torture by adult prisoners as alleged in the writ
petition.
The Sessions Judge visited the Jail on 21st December, 1981 and
submitted his report dated 22nd December, 1981 to the High
Court. The report stated that there were admittedly seven
juvenile under trial prisoners below the age of sixteen in the jail
and that one Des Raj was transferred to the Children's Home on
19th December, 1981 and that the rest of the prisoners happened
to be released on different dates between 7th and 16th December,
1981 before the order of the High Court on 18th December, 1981.
The Sessions Judge in Annexure `A' to his report gave the names,
ages and other particulars of 84 under trial prisoners who
according to the jail report were above 16 but below 21 years of
age and stated that he had nine from among these under trial
prisoners examined by the Chief Medical Officer and appended
the report as Annexure `B'. He further reported about the general
ignorance of the provisions of the Uttar Pradesh Children's Act,
1951 and stated that he had instructed the Jail Superintendent
and the Jail Doctor that in case of any doubt about the age of an
under trial prisoner they should instead of relying upon the police
papers with regard to age, obtain the opinion of the Chief Medical
Officer.
Issues:
1. Whether there is any detenu below the age of 16 years who is
being detained in the Distt. Jail, Kanpur? If so, the names of
such detenus and the offences in connection with which they
are being detained be indicated.
2. Whether any detenu below the age of 21 years is being kept
under fetters or was being kept under fetters?
3. Whether any such person is being subjected to torture of the
nature mentioned in the petition?
4. Whether such inmates of the prison are being provided with
proper medical facilities?
HELD :
1. The allegations made in the writ petition are serious. If
ϯϵϮ
correct they disclose to what utter depth of depravity man can
sink. The Court cannot abdicate its constitutional duty of
ensuring human dignity to the juvenile under trial prisoners
and summarily throw out the writ petitions merely on the
basis of a denial made by the Assistant Jailor. The instant
case must be investigated not only in the interest of fair
administration of justice but also for enforcing the basic
human rights of under trial prisoners who are alleged to have
been ill-treated. [53 D-E]
2. Juvenile delinquency is, by and large, a product of social and
economic mal-adjustment. Even if it is found that juveniles
have committed any offence they cannot be allowed to be mal-
treated. They do not shed their fundamental rights when they
enter the jail. [53 E-F]
3. The object of punishment being reformation, no social
objective can be gained by sending juveniles to jails where
they would come into contact with hardened criminals and
lose whatever sensitivity they may have to finer and nobler
sentiments. That is the reason why Children Acts are enacted
by States all over the country and the Uttar Pradesh
Legislature has also enacted the Uttar Pradesh Children Act
1951. [53 F-G]
4. The inhibition against sending a child to jail does not depend
upon any proof that he is a child under the age of 16 years but
as soon as it appears that a person arrested is apparently
under the age of 16 years this inhibition is attracted. The
reason for this inhibition lies in the solicitude, which the law
entertains for juveniles below the age of 16 years. [55 H, 56 A]
5. The law is very much concerned to see that juveniles do not
come into contact with hardened criminals and that chances
of reformation are not blighted by contact with criminal
offenders. The law throws a cloak of protection round
juveniles and seeks to isolate them from criminal offenders,
because the emphasis placed by the law is not on
incarceration but on reformation. [56 B]
6. When a child is arrested for an offence and is not released on
bail, he cannot be sent to jail but he must be detained in a
`place of safety' as defined in section 2 sub- section (9) of the
ϯϵϯ
Act. The manner in which a child can be detained is
prescribed in the Uttar Pradesh Children's Rules, 1962. Rule
14 provides that except as provided in the Act, where a child
having been arrested is not released on bail under section 23,
the officer-in-charge of the Police Station shall cause him to
be detained in a `place of safety' until he can be brought
before a court, and Rule 15 says that except as provided in the
Act where a child is not released on bail, the court shall on
remanding or committing a child for trial order him to be
detained in a `place of safety' pending the disposal of the
proceedings. [55 G-H, 55 D-F]
7. How anxious is the law to protect young children from
contamination with hardened criminals is apparent from
section 27 of the Act which provides 49 subject only to a few
limited and exceptional cases referred to in the proviso, that
notwithstanding anything contained to the contrary, no court
can sentence a child to death or transportation or
imprisonment for any term or commit him to prison in default
of payment of fine. Even where a child is convicted of an
offence, he is not to be sent to a prison but he may be
committed to an approved school under section 29 or be either
discharged or committed to suitable custody under section 30.
Even where a child is found to have committed an offence of
so serious a nature that court is of opinion that no
punishment which under the provisions of the Act it is
authorised to inflict, is sufficient section 32 provides that the
offender shall not be sent to jail but shall be kept in safe
custody in such place or manner as it thinks fit and shall
report the case for the order of the State Government. Section
33 sets out various methods of dealing with children charged
with offences. But in no case except the exceptional ones
mentioned in the Act, a child can be sent to jail.
8(i) It is impressed upon the magistrates in the State of Uttar
Pradesh and also in the other parts of the country that where
the Children Acts are in force they must be extremely careful
to see that no person apparently under the age of 16 years is
sent to jail but he must be detained in a Children's Home or
other `place of safety'. (ii) It is absolutely essential in order to
ϯϵϰ
implement the provisions of the Uttar Pradesh Children Act,
1951 that Children's Home or other suitable places of safety
are set up by the Government for the purpose of providing a
place of detention for children under the age of 16 years. [56
C-H, 57 A] The Court also gave the following directions:
(1) Since the Assistant Jailor has denied the visit of Shri
Madhu Mehta, it is necessary that Shri Madhu Mehta
should be impleaded as a party respondent to the writ
petitions so that he can state an oath whether he
visited the Jail, and if so what were the facts which he
observed. [53 B-C]
(2) The Superintendent of the Jail to inform by a proper
affidavit as to what were the circumstances in which
the six children whose names are given at serial
numbers 2 to 7 in Annexure `B' were released and
also produce the orders of the Magistrate directing
their release. He is also to inform why Des Raj was
detained in the Jail from 7th March, 1981 though he
was admittedly even on the basis of the jail records a
child below 16 years of age and how it happened that
suddenly on 19th December, 1981 an order was
obtained for transferring him to the Children's Home.
The State of Uttar Pradesh and the Superintendent of
the Jail will explain why an order for transfer of Des
Raj to the Children's Home could not be obtained
earlier. [54 C-E]
(3) The Registrar of the High Court to forward
immediately copies of all Annexures to the Report of
the Sessions Judge. [54 F]
(4) According to the report of the Sessions Judge there
were seven juvenile under trial prisoners below the
age of 16 years. Out of these six were released prior to
the visit of the Sessions Judge, and they could not,
therefore, be interviewed. Shri O.P. Garg, Secretary of
the Uttar Pradesh State Board of Legal Aid and
Advice to immediately contact these six children after
finding out their addresses either from the court
proceedings or from the jail records and take 50 their
statements with a view to ascertain what was the
treatment meted out to them in the jail and whether
ϯϵϱ
any of them was mal-treated. The report to be
submitted on or before 27thJanuary, 1982. [53 G-H, 54
A-B]
Case Reference
[Vishal Jeet vs Union Of India And Ors 1990 AIR 1412, 1990
SCR (2) 861]
Fact:
The petitioner filed a writ petition in this Court under Article 32
of the Constitution of India by way of public interest litigation
seeking directions for (i) inquiry against police officials under
whose jurisdiction the malady of forced prostitution, Devdasi
system and Jogin traditions were flourishing and (ii) for
rehabilitiation of the victims of this malady.
Disposing the writ petition, this Court.
HELD:
1. The malady of prostitution is not only a social but also a socio
economic problem and, therefore, the measures to be taken in
that regard should be more preventive rather than punitive.
This cannot be eradicated either by banishing, branding,
scourging or inflicting severe punishment on the helpless
and hapless victims most of whom are unwilling participants,
and involuntary victims of compelled circumstances and
who, finding no way to escape, are weeping or wailing
throughout. This devastating malady can be suppressed and
eradicated only if the law enforcing authorities in that
regard take very severe and speedy action against all the
erring persons such as pimps, brokers and brothel keepers.
[867D; E-G]
2. In-spite of the stringent and rehabilitative provisions of law

contained in Constitution of India, 1950,the Immoral Traffic
(Prevention) Act, 1956, Indian Penal Code, 1860 and the
ϯϵϲ
Juvenile Justice Act, 1986, it cannot be said that the desired
result has been achieved. It cannot be gain said that a
remarkable degree of ignorance or callousness or culpable
indifference is manifested in uprooting this cancerous
growth despite the fact that the day has arrived imperiously
demanding an objective multi-dimensional study and a
searching investigation into the matter relating to the causes
and effects of this evil and requiring the most rational
measures to weed out the vices of illicit trafficking. [867C-D]
3. The Courts also in such cases have to always take a serious

view of this matter and inflict consign punishment on proof
of such offences. However, it is neither practicable and
possible nor desirable to make a roving enquiry through the
C.B.I. throughout the length and breadth of the
country and no useful purpose will be served by issuing any
such direction. [867G; 867E]
4. Apart from legal action, both the Central and the State
Governments have got an obligation to safeguard the nterest
and welfare of the children and girls of this country. [867H]
Lakshmi Kant Pandey v. Union of India, [1984] 2 SCC
244 and Guarav Jain v. Union of India & Ors., AIR 1990 S.C.
292, referred to.
5. All the State Governments and the Governments of Union
Territories should direct their concerned law enforcing
authorities to take appropriate and speedy action under the
existing laws in eradicating child prostitution without giving
room for any complaint of remissness or culpable indifference.
They should also set up separate Advisory Committees for
making suggestions for eradication of prostitution,
implementation of the social welfare programmes for the
care, protection, treatment, development and rehabilitation of
the victims, and for amendments of the existing law, or for
enactment of any new law for prevention of sexual
exploitation of the children. These Governments should also
devise a machinery for ensuring proper implementation of the
suggestions of their respective committees. [868D-H; 869A-E]
ϯϵϳ
JUDGMENT:
Territories should direct their concerned law enforcing
authorities to take appropriate and speedy action under the
existing laws in eradicating child prostitution without giving
room for any complaint of remissness or culpable indifference.

Territories should take steps in providing adequate and
rehabilitative homes manned by well-qualified trained social
workers, psychiatrists’ and doctors.
3. The Union Government should set up a committee of its own
in the line, we have suggested under direction No.(2) the
main object of which is to evolve welfare programmes to be
implemented on the national level for the care, protection,
rehabilitation etc. etc. of the young fallen victims namely the
children and girls and to make suggestions of amendments to
the existing laws or for enactment of any new law, if so
warranted for the prevention of sexual exploitation of
children.
4. The Central Government and the Governments of States and
Union Territories should devise a machinery of its own for
ensuring the proper implementation of the suggestions that
would be made by the respective committees.
With the above directions, the Writ Petition is disposed of.
Case reference
[ASK and BLAST vs. Bangladesh and others [‘Juveniles in

Jail’ Case] - Writ Petition No. 6373 of 2007 in the͒ High Court
Division of the Supreme Court of Bangladesh.͒]
Facts:
ϯϵϴ
BLAST, along with Ain o Salish Kendra (ASK), filed a writ
petition based on a news item published in the Daily Star on
09.04.2007 challenging the detention of 420 juvenile prisoners
alongside adults in different jails around Bangladesh while the
three Correctional Homes having accommodation capacity for 700
children had only 200 inmates.͒͒
Argument:
The petitioners argued that detention of juvenile prisoners
alongside adults violates Sections 48 and 55 of the Children Act,
1974; Rule 962 of the Bengal Jail Code; and the fundamental
right to be treated in accordance with law under Article 31 of the
Constitution. They also referred to Article 20 and 40 of the United
Nations’ Convention on the Rights of the Child, 1990; Article
14(4) of the International Covenant on Civil and Political Rights,
1966; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, 1985; the United Nations
Guidelines for the Prevention of Juvenile Delinquency, 1900; and
the Minimum Rules for the Protection of Juveniles Deprived of
their Liberty, 1900.͒͒
Order:
The High Court issued a Rule Nisi on 24.07.2007 directing the
respondents to take necessary steps to transfer the juveniles held
in jails to Juvenile Development Centers and to show cause as to
why their detention should not be declared illegal and without
any lawful authority.͒͒
International Instruments Cited:

Convention on the Rights of the Child,1990; International
Covenant on Civil and Political Rights, 1966; Standard Minimum
Rules for the Administration of Juvenile Justice, 1985 ; United
Nations Guidelines for the Prevention of Juvenile Delinquency,
1900; Minimum Rules for the Protection of Juveniles Deprived of
their Liberty, 1900.͒͒
Status:
ϯϵϵ
The petitioners made an application for immediate transfer of
juvenile detainees languishing in jail to correctional homes, or for
release in appropriate cases, which was allowed on 17.07.2008.
The Court ordered the respondents, the Ministry of Home Affairs,
Ministry of Social Welfare, Department of Social Services and
Inspector General of Prisons to transfer juveniles to Correctional
Homes. The juveniles have since been transferred to the Juvenile
Development Centre pursuant to the Court order dated
17.07.2008.
The case is pending for hearing.
Case reference
[BLAST vs. Bangladesh and others [‘Child’s Detention under

SPA’ Case] 4 BLC (1999) 600 - Writ Petition No. 4191 of 1998 in
the High Court Division of the Supreme Court of Bangladesh]
Facts:
BLAST filed a writ petition challenging the detention of Md.
Zaved, a ten year old boy, under the Special Powers Act, 1874
(SPA), based on a news item published in the Mukta Kantha on
28.12.1998. The detainee was falsely implicated under Section
25B of the Act and the District Magistrate had issued an order for
his detention for 30 days under Section 3(2).͒͒
Argument:
The petitioners argued that the grounds of detention were vague,
indefinite and short of material particulars as to time, place and
manner, which prevented the detainee from making any effective
representation before the Magistrate. The order of detention and
grounds thereof were illegal inasmuch as the grounds did not
attract the mischief of Section 2(f) of the SPA. They argued that
the detention was in contravention of rights to be treated in
accordance with law, to life and liberty, to safeguards regarding
arrest and detention, to protections in respect of trial and
punishment and to right to movement as guaranteed under
Articles 31, 32, 33, 35 and 36 of the Constitution. The petitioner
sought compensation for the illegal and unlawful detention.͒͒
ϰϬϬ
Order:
The High Court issued a Rule Nisi, and upon hearing delivered
judgment on 18.04.1999, the Court discharged the Rule without
costs as the Government had in the meantime revoked the
detention order following the publication of the report. After
citing a number of reported cases from domestic and foreign
jurisdictions, and discussing at length the abuse of power by
police forces, the Court observed that provisions of law should not
be indiscriminately misused or abused in curtailing the
fundamental rights of citizens.
Case Reference
[BLAST and Another vs. Bangladesh and others ['Shukur

Ali' Case] - Writ Petition No. 8283 of 2005 in the High Court
Division of the Supreme Court of Bangladesh]
Laws Cited:
Constitution of Bangladesh, Article 35; Children’s Act, 1974.
͒͒
International Instruments Cited:
Universal Declaration of Human Rights; 1948, International
Covenant on Civil and Political Rights (ICCPR), 1996.
Facts:
Shukur Ali, a minor boy, was convicted under section 6(2) of the
Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 by the Nari-o-
Shishu Nirjatorn Bishesh Adalat, Manikganj (a special Tribunal)
on 12 July, 2001 and was sentenced to death. He (Shukur Ali)
was 14 years old at the time of occurrence and 16 years at the
time of Trial. He appealed the decision, which was upheld by both
divisions of the Supreme Court. At this stage, BLAST became
involved and challenged both the constitutional validity of the
law terming his (Shukur Ali’s) imprisonment as illegal detention
under an unconstitutional law. ͒͒
ϰϬϭ
Arguments:
The petitioners argued that Section 6(2) of the Nari-O-Shishu
Nirjatan (Bidesh Bidhan) Ain, 1995 was unconstitutional on the
ground that it provides solitary punishment of death with no
alternative. It was also pointed out that death penalty was the
only punishment available under section 6(1) of the said law as
well.The petitioners also argued that Article 5 of Universal
Declaration of Human Rights 1948 is also reflected in Article
35(5) of our Constitution and Article 6 of International Covenant
on Civil and Political Rights (ICCPR), 1996, which was ratified by
Bangladesh on 15 October 1998 and prohibits arbitrary
deprivation of life. Article 6.5 of ICCPR provides that sentence of
death shall not be imposed for crimes committed by persons below
18 years of age.͒͒
Judgment:
The High Court delivered its judgment on 2 March 2010, in which
it said that Section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh
Bidhan) Ain 1995, now repealed, was unconstitutional. It upheld
the verdict of the Tribunal at Manikganj, but stayed the
execution for two months to allow an appeal to the Appellate
Division and gave a certificate to that effect.
ϰϬϮ
ϰϬϯ
Chapter-19
RECIDIVISM
ϰϬϰ
Chapter 19
RECIDIVISM
19.1 Introduction
19.2 Definition of recidivism
b) Expert opinion
19.3 Categories of recidivist
Psychologically ill
Incompetent
Psychologically normal
Basic
Hardened
Professional
19.4 Causes of recidivism
19.5 Reformative theories
i. Meditation theory
ii. Moralizing theory
iii. Clinical method theory
iv. Group-relations theory
19.6 Remedial measures
ϰϬϱ
The word ‘recidivism’ originated in late 19th century, from

French récidiviste, from récidiver ‘fall back’, based on Latin
recidivus ‘falling back’, from the verb recidere, from re- ‘back’ +
cadere ‘to fall’.
Generally speaking, person who commits the crimes again and

again of the same or similar kinds is called recidivist or habitual
offender.
* 19.2 Definition of recidivism*
Recidivism means ‘persistent indulgence in crime’ i.e. when a

person has a tendency to repeat an undesirable behavior or crime
leading to numerous arrests and re-imprisonment. The term is
frequently used in conjunction with criminal behavior and
substance abuse (recidivism is a synonym for "relapse").
A ‘recidivist’ is an offender, who has a long criminal record and

has been frequent inmate of penal or correctional institution and
who shows scant regard for institutional adjustment.
Though the percentage of recidivists runs high for all offenders, it

is greatest among those convicted of such minor charges as
vagrancy, drunkenness, prostitution, and disturbing the peace.
Recidivists or crime-repeaters are often characterized as being

basically anti-social, aggressive, highly competitive, indifferent to
well-being of others and exceedingly egocentric. These are more
likely than serious criminal charges to result from, and to be
bound up in, an entire way of life.
The criminal population is made up largely of those for whom

criminal behaviour has become habitual. Therefore, their root
causes are rarely susceptible to cure by jailing and penal
institutions appear to do little to change their basic behaviour
patterns.
ϰϬϲ
b) Expert opinion:
According to Mr Lambroso,
‘Some people are born criminal. They cannot abstain themselves

from committing a crime due to their peculiar physical traits and
mental conditions’.
* 19.3 Categories of recidivist*
Mr John W. Mannering pointed out that ‘criminological

literature is replete with descriptions of the personality and
background characteristics of recidivists and hypotheses as to
why they persist in crime’.121
The recidivists could be categorized into the following categories:
Psychologically ill;
Incompetent;
Psychologically normal;
Basic;
Hardened;
Professional.
Psychologically ill:
Due to mental depravity or emotional instability, many criminals
commit crimes.
This type of recidivist should be treated in a mental hospital

rather than a penal institution.
Incompetent:
There are recidivists who are psychologically normal persons but
suffer from inferior complexity and are relatively unskilled, less
educated and possess proportionately low level of ability.

121 Mannering, John W. : ‘Significant Characteristics of Recidivists’, NPPA Journal
IV, 1958.
ϰϬϳ
As a result, they try to overcome their shortcomings through an
unrealistic self-assertion and thus lend into criminality.
They should be treated by institutionalizing into an appropriate

penal or correctional institution and develop their self-sufficiency,
honesty and competitive ability.
Psychologically normal:
Generally, this type of recidivist has proper education and
psychologically normal but due to their identification; they are
branded as criminal, for example – political rivalry.
Neither imprisonment nor reformation can serve any useful

purpose to treat them.
Basic:
Due to the initial treatment or response to a person by others,
makes him a recidivist.
The positive official, administrative and community responses

can change their criminal behaviour.
Hardened:
This type of recidivist normally organizes themselves into regular
group associations and syndicates and carry on their activities in
a well planed and organized manner.
They generally operate at prostitution houses, gambling dens,

illicit liquor shops etc. and well aware about the possible
consequences of their crime.
As they commit crime deliberately, there are fewer chances to

rehabilitate them.
Professional:
ϰϬϴ
This type of recidivist are professional and do not regard the
present criminal justice system as sufficient deterrent.
They are aware of the limitations of the law enforcing agencies
and can easily manipulate them.
Only speedy justice system and certainty of punishment can stop

them to commit further crimes.
* 19.4 Causes of recidivism*
Ms Kathleen Smith commented that –

‘The professional criminal that we are dealing with today is no
poor, deprived, demented, moron. The crimes he succeeds in,
speak for him. He is often a technical expert and a psychological
one: he is clever, patient, observant, scientific as well as greedy
and vicious. The most severe penalties, which are awarded by
courts are so inadequate and so ineffective that they leave a
major crime so glaringly profitable that they invite people to
make it their career’.122
There are various factors, which are the causes of

recidivism:
(1) Harsh prison conditions, including isolation tended to
increase recidivism;
(2) Congested dwellings, slums, high cost of living, highly

mechanized life in cities and urban places influences people
to commit crimes;
(3) Prisoners are stripped of civil rights and are reluctantly

absorbed into communities which further increases
alienation and isolation;

122 Kathleen J. Smith : ‘A Cure for Crime’.
ϰϬϵ
(4) Due to criminal tendency, criminals organize themselves
into groups and associations and devote to loyalties and
attitudes, which tend to persist in the criminal world;
(5) Difficulties released offenders face in finding jobs, renting

apartments or getting education;
(6) Certain activities in the society, which are either criminal

by themselves or are very near to criminality, for examples
– hoarding, smuggling, black-marketing, tax evasion,
bribery, fraud etc.;
(7) Political grafts, pressure tactics and corrupt practices are

also responsible for recidivism;
(8) Poverty, economic depression, financial instability;
(9) Business owners often refuses to hire a convicted felon and

are at best hesitant, especially in any position that entails
even minor responsibility or the handling of money;
(10) Want of sense of responsibility and commitments;
(11) Pathological personality-traits, such as – mental disorder,

emotional instability, egocentrism and mental conflicts;
(12) Disregard for morality and social values;
(13) Attributing short-term sentences or punishment;
(14) Inadequacy of correctional measures in treatment of

recidivists is yet another cause of recidivism;
(15) Absence of beliefs that forbid delinquency etc.
* 19.5 Reformative theories*
Generally, there are four reformative theories of recidivism:

i. Meditation theory;
ϰϭϬ
ii. Moralizing theory;
iii. Clinical method theory;
iv. Group-relations theory.
i. Meditation theory:
According to this theory, crime is due to failure to think and
meditation would enable to develop remorse and repentance.
ii. Moralizing theory:

It is based on tracts, sermons, personal exhortations in the name
of parents, country, God, salvation etc., and has the inner appeal
in the sub-conscious mind of the offender.
iii. Clinical method theory:

It is based on individualistic psychiatric theory and deals with
individualized treatment of criminals with psychological disorder
and mental illness.
iv. Group-relations theory:

According to this theory, personality is viewed as ‘situation
determined’ rather than ‘trait determined’. Therefore, behaviour
of an individual is said to be the product of his group
relationships rather than of the presence of specific individual
traits or characteristics.
* 19.6 Remedial measures*
The ever-increasing recidivism is undoubtedly a crucial problem

for penologists in the control of crime and rehabilitation of
offenders.
The following remedial measures could be adopted to

prevent recidivism:
(1) Allowing current trends to continue without additional

intervention (maintaining the status-quo);
ϰϭϭ
(2) They should be under constant surveillance so that society
is fully protected;
(3) Increasing the presence and quality of pre-release services,

within incarceration facilities, that address factors
associated with drug-related criminality—addiction
treatment and mental health counseling and education
programs/vocational training;
(4) An integrated programme of legal sentence and treatment

should be improvised in the penal system for the
rehabilitation of recidivists;
(5) Speedy justice system and certainty of punishment can stop

them to commit further crimes;
(6) Increasing the presence and quality of community-based

organizations that provide post-release/reentry services;
(7) The society should be more receptive to ex-prisoners;
(8) Recidivists should be kept in the prisons equipped with

maximum security arrangement etc.
ϰϭϮ
ϰϭϯ
Chapter-20
PREVENTION
OF
CRIME
ϰϭϰ
Chapter – 20
Prevention of Crime
20.1 Crime prevention

20.2 Crime Prevention Programs
Identification of potential delinquency
Child guidance clinics
Recreational measures
Clubs and related activities
Redirecting conflict-gangs
Punishment
Educational and vocational instructions
Permanent segregation of offenders
Sterilisation
Surveillance and watch keeping
Externment and restrictive movement
Collective liability
Preventive detention
Transcendental meditation
Employment opportunities
Public role
Police role
ϰϭϱ
* 20.1 Crime prevention*
In a simple term, prevention of crime means, the action of

stopping crime from happening or arising.
In a broader sense, crime prevention is a term describing

techniques used for reducing victimization as well as deterring
crime and criminal. It is applied specifically to efforts made by
Governments to reduce crime, enforce the law and maintain
criminal justice.
Sir Robert R. Peel articulated the fundamental significance of

crime prevention in 1829. Peelian reforms metamorphosized and
took new dimensions with frontier explorative methodology in the
widening horizons of crime prevention.
As the causation of crime embraces various and multi-fold

tentacles, the measures adopted to prevent the incidence of crime
have to be dealt with on those counts.
* 20.2 Crime Prevention Programs*
The following programs could be adopted to prevent crime:

Identification of potential delinquency:
The timely identification of potential delinquent is implicit in the
concept of crime prevention. Efforts have been made by some
criminologists to devise methods for predicting delinquency in
appropriate cases. The most notable contribution in the area of
early delinquency prediction is that of Sheldon and Elenor
Glueek.
ϰϭϲ
Child guidance clinics:
Child guidance clinics have been established to deal with the
personality deviations. Psychiatrists assisted by psychologists
and psychiatric social workers look after the delinquency
prevention programs in these clinics.
Recreational measures:
Recreation to the children as for others is very important for a
healthy mind.
Clubs and related activities:

Clubs and related activities are meant to counter gang influences
on children. The cluber groups substitute the gangs, who provides
healthy environment to the children, which may help the children
of under privileged class.
Redirecting conflict-gangs:
The conflict gang problem can be cured through the mechanism
ranging from outright suppression to working with gangs so that
the offenders can be redirected to those activities, which are
acceptable to the society.
Punishment:
Punishment not only deters the offenders and others from
committing the crime in future but it also acts as a preventive
measure.
Educational and vocational instructions:

In prisons, the prisoners are given educational and vocational
instructions so that they may be reformed and on the completion
of their sentence term, they may go back to the society as good
citizens.
ϰϭϳ
Permanent segregation of offenders:
The offenders least reformable have been tried to be permanently
segregated under habitual criminal laws but enforcement or such
laws generally been undesirable at the instance of the courts.
Sterilisation:
Sterilisation is based on the supposition that either criminality is
inherited or certain traits are inherited, which predispose
towards criminality and sterilization prevents such reproduction.
Surveillance and watch keeping:

Surveillance of the criminals and suspected persons is also aimed
at crime prevention.
Externment and restrictive movement:

Externment is an administrative order directing the particular
person to leave a particular area or not to enter a particular area
so that he may not commit anti0social, subversive or other
criminal activities.
Collective liability:
Sometimes a collective liability is imposed on a group in case the
offence is committed by a member of the group. It helps to act as
a deterrent measure.
Preventive detention:
Preventive detention is resorted to by an administration to
prevent the anti-social, anti-national and subversive activities.
Transcendental meditation:
Transcendental meditation such as game, sports, artistic activity
and/or meditational courses helps to reform criminal activity.
ϰϭϴ
Employment opportunities:
By providing employment opportunities to the people they become
economically better, which may prevent them to commit offences
like theft, robbery etc.
Public role:
The role of the public is very important in crime prevention. The
public may be helpful to police in bringing the criminals names
know to the police.
Police role:
Besides the investigation of facts relating to crime after the
commission of the crime, the general expectation of the public is
that it is the responsibility of the police to prevent the crime. The
success of it mainly depends on their own training equipment and
competency but with it, wherever possible, on the co-operation of
the public.
ϰϭϵ
ϰϮϬ
APPENDIX
SAMPLE QUESTIONS
ϰϮϭ
Chapter -1
1. What is crime?
2. What are the elements of crime?
3. What are the classifications of crime?
4. What is criminology? Please write down the nature & scope of
criminology.
5. Please define crime & criminology.
6. Are there any differences between crime & criminology? If
yes, what are they? Please discuss.
7. What are the differences between crime & criminology?
Please explain.
Chapter-2
1. Please discuss in details different schools of criminology.

2. Please describe – Pre-classical school of criminology.
3. Please describe – Classical school of criminology.
4. Please describe – Neo-classical school of criminology.
5. Please describe – Positive school of criminology.
6. Please describe – Psychological school of criminology.
7. Please describe – Sociological school of criminology.
8. Please describe – Modern school of criminology.
ϰϮϮ
Chapter-3
CAUSATION OF CRIME
1. What are the causations of crime? How different types of

causation could be established?
2. Please discuss different criminogenic factors of crime
causation.
3. Please discuss the relationship between crime & heredity.
4. Please discuss the relationship between crime & insanity.
5. Please discuss the relationship between crime & biophysical
factors.
6. Please discuss the relationship between crime & psychology.
7. What is female criminality? Why a female commits crime?
Chapter-4
1. Please discuss in details biological theory of crime.

2. What is body type theory of criminality?
3. How family tree affects a person’s criminal behaviour?
4. Please explain criminality of twins.
5. Please explain criminality of an adopted child.
6. Please explain the relationship between hormone &
criminality.
7. How foods affect our criminal behaviour?
ϰϮϯ
Chapter-5
1. What is psychological crime?

2. Please explain the psychological theory of crime.
3. According to Mr Freud’s theory please describe the
relationship between psychology & criminality.
4. What is Oedipus complex?
5. What are the criticisms of Mr Freud’s psychoanalytical
theory?
6. What is M’ Naghten’s Rule’?
7. What is Learning theory?
8. What is Cognitive development theory?
Chapter-6
1. What is sociological theory of crime?

2. What is differential association theory of crime?
3. Which sociological factors influence a person’s criminal behavior?
Chapter-7
1. Please discuss the relationship between economy & criminality.

2. How economic conditions affect a person’s criminal behavior?
Please discuss in details.
3. Please discuss Bonger’s Economic Theory and its criticisms.
Chapter-8
ORGANIZED CRIMES
ϰϮϰ
1. What is an organized crime?
2. Why criminals form a criminal organization?
3. What are the categories of criminal organization? Please
discuss with examples.
4. What are the characteristics of organized criminals?
Chapter-9
WHITE COLLAR CRIME
1. What is white-collar crime?

2. What is the difference between crime & white-collar crime?
3. What are the reasons of committing white-collar crime?
4. How different professionals in Bangladesh are committing
white-collar crime?
5. Please suggest how to prevent white-collar crime in
Bangladesh.
Chapter-10
1. What is alcoholism & drug addiction?

2. What are the reasons for the unprecedented increase of
alcoholism & drug addiction in Bangladesh? What remedial
measures do you suggest to control them?
3. Please discuss different aspects of the Drug Act 1940.
4. Please discuss different aspects of the Drugs (Control)
Ordinance 1982.
ϰϮϱ
Chapter-11
CYBER CRIME
1. What is cyber crime? Please discuss different types of cyber

crime, which are now frequently being committed in
Bangladesh.
2. Please suggest – how to prevent cyber crime in Bangladesh.
3. According to Information & Communication Technology Act
2006, what provisions are included for the Cyber Tribunal &
Cyber Appellate Tribunal in Bangladesh?
4. What are the causes behind cyber crime in Bangladesh?
Chapter-12
SEXUAL OFFENCES
1. What is sexual crime/offence?

2. What are the causes behind sexual crimes in Bangladesh?
Please suggest remedial measures to prevent sexual crimes in
Bangladesh.
3. What are the main reasons of constant rising of sexual crimes
in Bangladesh?
Chapter-13
TERRORISM
1. Please define terrorism.

2. Please discuss the historical background of terrorism.
3. What are the characteristics of terrorism?
4. What are the causes of terrorism?
5. What are the objectives of terrorism?
6. Please discuss different categories of terrorism?
7. How a terrorist group is funded?
8. What is ‘war on terror’?
9. Please discuss the impact of terrorism in Bangladesh.
10. Please discuss different aspects of the Anti Terrorism Act
2009 and the Anti-Terrorism (Amendment) Bill 2013.
ϰϮϲ
11. What remedial measures could be taken to prevent terrorism
activities?
Chapter-14
THE PUNISHMENT
1. What is punishment? Please discuss different concepts and

elements of punishment.
2. Please discuss different theories of punishment.
3. How punishment effects in reducing the crime?
4. According to Islamic or Sharia Law, please discuss
punishment.
5. What are the different forms of punishment? Please explain.
6. Do you support the argument for the abolition of death
penalty as capital punishment in Bangladesh?
Chapter 15
THE PRISON
1. What is prison? How the prison has developed over the years?
2. Please describe the International Minimum Standard of
Prison.
3. Please discuss special types of prison?
4. Please give a pen-picture of the prison system in Bangladesh.
5. Please discuss the Jail Codes of Bangladesh.
6. What do you know about the general conditions of the prison
community in Bangladesh?
7. Please discuss which reforms could be taken to resolve
existing prison problems in Bangladesh.
ϰϮϳ
Chapter 16
1. What is parole? What are the objectives & conditions of

parole?
2. What is probation? What are the objectives & conditions of
probation?
3. Please describe the origin of parole and probation.
4. What are the differences between parole & probation?
5. Please discuss different aspects of the Probation of Offenders
Ordinance (POO) 1960.
Chapter 17
THE POLICE SYSTEM
1. Please describe/discuss the role of the police in preventing

crime in Bangladesh.
2. What objectives the police have?
3. How many branches/categories Bangladesh police has? Please
discuss.
4. What is your suggestion for modern & effective police
administration in Bangladesh?
5. Evaluate the role of police force in Bangladesh with
criticisms.
6. Please describe the Citizen Charter of Bangladesh police.
7. Please discuss the existing efforts of the Government to
reform police organization in Bangladesh?
ϰϮϴ
Chapter 18
1. What do you mean by juvenile delinquency?

2. What are the characteristics of a delinquent juvenile?
3. Please explain different categories of juvenile delinquency.
4. How a delinquent juvenile justifies his act? Please discuss.
5. What are the main causes for juvenile delinquency in
Bangladesh?
6. Please discuss the applicability of crime theories on the
juvenile delinquency.
7. Please discuss different provisions of the Children Act 1974
relating to Juvenile Court in Bangladesh.
8. What kind of Role the UNICEF has to address the issue of
children in Bangladesh?
9. What are the main features of the Child Act 2013? What
reforms would you suggest for this Act?
10. What kinds of treatment facilities are available in
Bangladesh for the delinquent juveniles? Please give your
suggestion to improve their treatment facilities.
Chapter 19
RECIDIVISM
1. Please define recidivism.

2. What are the different categories of recidivist? Please explain.
3. What are the causes of recidivism?
4. Please discuss different theories of recidivism.
5. What remedial measures could be taken to prevent
recidivism?
ϰϮϵ
Chapter – 20
Prevention of Crime
1. Please define ‘Prevention of crime’.

2. Please discuss different programmes to prevent various
crimes.
ϰϯϬ
Book References
1. G.B. Vold, Theoretical Criminology, 1997.
2. Sutherland and Cressy, The Principles of Criminology, 10th

edition, 1978.
3. P. K. Sen, Penology Old & New, 1943.
4. W. Paul Tappen, Crime, Justice & Correction, 1960.
5. Donald Taft, Criminology, 4th edition.
6. Katherine S. Williams, Textbook of Criminology, 2001.
7. Prof. N. V. Paranjape, Criminology & Penology, 14th edition,

2009.
8. Mr Monjur Kader, Criminology, 2nd edition, 2010.
9. Sheikh Hafizur Rahman Karzon, Theoretical and Applied

Criminology, 2008.
---------------------------THE END---------------------------
ϰϯϭ
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I am so grateful to the Almighty Creator, who has made it

The book ‘Lectures on Criminology & Penology’ explains the basic

This book especially includes facts and judgement of important

It is sincerely hoped that this book will provide sufficient

The Author wants to take this opportunity to thank the publisher

The Authors would welcome any kind of suggestions to improve

1.1 General Concept of Crime ......................................................3

2.1 Schools of Thought ................................................................29

3.1 Crime Causation ..................................................................51

4.1 Biological Explanation of Crime ..........................................77

5.1 Psychological Crime .............................................................89

6.1 Sociological Theory of Criminal Behavior ...........................99

7.1 Economy and Causation of Crime .....................................110

8.1 Definition of organized crime ............................................117

9.1 Definition of white-collar crime .........................................136

10.1 What is Alcoholism and Drug Addiction? .........................162

12.1 Sex and Crime ....................................................................194

13.1 The concept of terrorism ...................................................216

14.1 Definitions of punishment ................................................242

15.1 Introduction .....................................................................276

16.1 Introduction ......................................................................310

17.1 Definition of police ..............................................................333

18.1 Definition of Juvenile Delinquency ...................................365

19.1 Introduction ........................................................................402

20.1 Crime prevention .................................................................412

Appendix: Sample Questions 417

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