CRIMINOLOGY by Pritha Dave B.A, LL.B. M.Sc. (London) Advocate, High Court, Mumbai davepritha @hotmail.com ee C. JAMNADAS & CO. Educational & Law Publishers Shoppe Link (Dosti Acres), 2nd Floor, Office Nos. 19, 20, 21, 22, Antop Hill, Wadala (East), MUMBAI - 400 037 Phone : 022 - 2417 1118/2417 1119 E-mail : camnadas11@gmail.comCriminology Revised & Enlarged Seventh Edition (All rights including those of translations reserved by the Publishers) Disclaimer : Although every effort has been made to ensure the accuracy of the contents of the book, neither the Publishers nor the Printer nor the Author nor the Editor shall, in any way, be liable to any person for any claim whatsoever, arising out of, or in any way connected to this book, including any error, omission, misprint, mistake in binding, etc. in this book. Price : = 260/- Published by Rushabh P. Shah For C. Jamnadas & Co., Shoppe Link (Dosti Acres), 2nd Floor, Office Nos. 19, 20, 21, 22, Antop Hill, Wadala (East), MUMBAI - 400 037 Phone : 022 - 2417 1118 / 2417 1119 Type-set by Shri. Anil M. Vhatkar Flat No. 5, R.S. No, 639/27, Sahasrarjun Park, Near Yallamma Mandir, Jawahar Nagar, Kolhapur - 416 012 Mobile : 09423040308 Printed by India Printing Works India Printing House, 42, G. D. Ambekar Marg, Wadala (W), Mumbai - 400 031 Phone : 022 - 2418 6283 / 6662 4969Preface to the Seventh Edition The response to the Previous Editions of CRIMINOLOGY was overwhelming. As a consequence, they were sold out in no time. Now we are happy to present the Seventh Edition of CRIMINOLOGY which has been thoroughly revised and enlarged. Plenty of new matter has been added in this edition so as to make the book all the more useful to the students. The latest questions of Mumbai University have been duly added in the margins, We are confident this revised and enlarged new edition will prove to be of tremendous help of the students of Criminology. — Publishers Books Recommended for Further Reading # Sutherland & Cressy: ~—_ Principles of Criminology ProfN.V.Paranjape : —_Criminologyand Penology Ahmad Siddique : Criminology - Problems & Perspectives Joseph F. Sheley Criminology Francis T. Cullen Criminological Theory; Past to Present Larry Siegel Criminology Katherine Williams Criminology J. P. Sirohi Criminology and Criminal AdministrationCONTENTS No. Chapter Name Page No. 1. Concept of Crime & Criminology 1-13 2. Perpetrators to Ordinary Crime 14-24 3. Crimes of the Powerful (White Collar Crimes) 25-46 4, The Schools of Criminology 47-62 5. Causation of Crime 63-72 6. Punitive Approach and Theories of Punishment 73-78 7. Forms of Punishment and Judicial Sentences 79-89 8. Criminal Justice System & Police 90-113 9. Prison Administration & Reform 114-137, 10. Victimology 138-149 11, Treatment or Correction of Offenders 150-169 12. Treatment of Offender and Re-socialization Process-Parole and Probation 170-186 + Appendix — The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 187-193 The Juvenile Justice (Care and Protection of Children) Act, 2000 194-222 National Charter for Children, 2003 223-228 The Probation of Offenders Act, 1958 229-236 Q001 CONCEPT OF CRIME & CRIMINOLOGY Early Concept Of Crime Till 1700s, crime was viewed as an activity committed by a person under the influence of a demon and was the result of supernatural forces. Criminologist Pfohl remarked that such beliefs were regularly practised and people without any scientific and logical reasons readily put forward the excuse that ‘the devil made me do it. If the suspected person was found guilty, brutal punishments were inflicted upon him in public so that a deterrent effect was generated among the common mass. Cesare Beccaria was a leading criminologist who challenged such beliefs, bringing about several revolutionary changes in the thought Process and hence the said period was also known as the ‘Age of Enlightenment’, The classicists put forward a very simple theory stating that basically a man pursues hedonistic interests and aims at maximizing his material pleasures on one hand, and tries to minimize his pain and suffering in achieving the same. Therefore, it is essential to curb his behaviour by means of appropriate punishments and other social strictures. Hence the courts of law, police system and administration are found to be of vital importance in achieving the goal of peace and justice and working towards the furtherance of social welfare. Criminology is an independent and science yet is defined as an interdisciplinary science. Criminology as a scientific experiment studies natural and social facts about the delinquency, delinquents, victims, social environment and all forms of crime. The term “criminology” is derived from Latin word “crimen” which means crime or accusation and Greek word “logos” that means science or study. The Definition of Criminology involves 2 main areas of research being: Etiology & Phenomenology. While Etiology is a part of criminology that researches possible causes of a crime (crime causation); Phenomenology researches all forms (types) of crime. Criminology can be divided into: 4. Theoretical criminology : (criminal psychology, criminal anthropology, criminal sociology, criminal politics, prophylactic criminology, criminal psychiatry and penology). 2. Applied criminology or pragmatic criminology : Criminology does not have its own methods. It uses scientific methods of other sciences such as. analysis, synthesis, comparative method, statistical method, experiment, psychological method etc. Unlike the studies of mathematics and psychology where calculation and introspection are respectively involved, study of criminology methods that is either borrowed or adapted to a specific object of research (crime, victim, criminal, social or anti social behaviour, environment etc.). 1 Define crimino- logy. M.U, Nov. 2008 Nov. 2011 June 2014 Nov. 2016 May 2017 June 2018 Nov. 2049 What is crimino- logy? MU. Nov. 2015Distinguish be- tween sin and crime. MU. May 2009 Note on : Sin and crime MU. Apr. 2010 Nov. 2010 Apr. 2012 Nov. 2016 Intention & motive Distinguished. MU. Apr. 2012 2 CRIMINOLOGY Difference Between Crime and Sin There is some kind of resemblance between a sin and a crime. But both differ in their scopes and consequences. An act can be labelled as wrong but it need not be a crime. Similarly, though an action may be viewed to be a crime, may not be a sin. A criminal is punished by a court of law while it is believed that a sinner is punished by God or providence. A crime may have an adverse impact on the society while a sin is an individual activity which may not adversely affect the society at large. A criminal has to serve the sentence awarded by the court of law, while a sinner may undergo the process of penance and regret his acts. Driving a car under the influence of alcohol is a crime. Here, driving is an offence and not drinking while there are several religious beliefs that would label the act of drinking itself as a sin. The difference between crime and sin can be studied under different heads. Actime is something done against a rule or law written and created by a governing body, while a sin is something that is not necessarily a crime but something done against a set of beliefs; be it religious, spiritual or moral. A crime may not be necessarily a sin for someone who does not have certain beliefs instilled in him. For instance, the necessity of telling right from wrong, ethical from unethical, moral from immoral, especially if he is a non-believer, an atheist. Human law can punish a criminal, but can not punish a sinner. As the belief goes, God punishes sins while the human legal system punishes crime. Zamindars used to exploit farmers; this was a sin but not a crime. If sons do not look after their parents in their old age, they are committing sin, but those sons are not criminals. Legal system has no scope to punish those sons. However, if a man molests a woman, than he is a sinner as well as criminal. Sometimes, an otherwise criminal activity may have a good cause and good intentions behind it and, therefore, it might not be perceived as a sin and its classification may also differ, keeping in view its background. For instance, a soldier is a patriot in his motherland, but he is a criminal in an enemy’s country. At times, if the morals and ethics are to be kept intact in a society, sinners too should be punished by the legal system. For instance, Honour killings. Honour killings generally take place when one marries a person outside his caste or religion. If the members of the family find it offending, they kill their own blood relatives. This is often applauded by the other people and therefore not considered sinful. Intention and motive distinguished The intention and motive vary in several ways. A clarification was given by Madurai Bench of Madras High Court in the case of Ganesan vs. The State, Rep By on 16 November, 2012 in CRIMINAL APPEAL (MD). No. 22 of 2011 where Intention is different from “motive” or “ignorance” or “negligence”.CONCEPT OF CRIME & CRIMINOLOGY 3 Intention requires something more than the mere foresight of the consequences. Intention is a conscious state in which mental faculties are aroused into activity and summoned into action for the purpose of achieving the conceived end. Thus, in the case of intention, the mental faculties are projected in a set of direction. But, knowledge is a bare awareness of the likely consequences. Whether, in a given case, the accused had the “intention” or “knowledge” is a question of fact (vide. Jaiprakash vs. State of Delhi Administration - 1991 (2) SCC 32). When the offender intends to cause harm, there are several factors that need to be considered such as (1) the gravity of the injury (2) the kind of weapon used (3) the force with which he attacks etc. If the injury is not serious, it can be assumed that the offender did not have the motive to commit murder and therefore if the victim dies, the offender would not be severely punished. Modern Concept of Crime The ideas of the classicists were belied and were proven ineffective when it was seen that the criminals though punished, continued to commit crimes. After almost a century, in 1800s criminologists like Darwin, Lombroso challenged the classical concept of crime. Lombroso challenged the ‘normal person’ theory of the classicists. He believed that a criminal was not at all normal and could be classified on the basis of his physical appearance. The theories could be evaluated on a fundamental ground that the classicists believed that an offender is a rational, self-interested person who chooses to engage in crime. While such view was denied by the modem theorists who believed that crime occurred due to circumstances, environment and can even be attributed to the physical characteristics of a person. However, modern concept of crime has been labelled to be discriminatory, racial and unjust since such categorization of people based on physical characteristics would always make the general public. apprehensive while demanding a fair trial. Definition of Crime Halsbury defines crime as an unlawful act which is an offence against the public and the perpetrator of that act is liable to legal punishment. Lawyer sociologist Paul W. Tappan defined crime as “ an intentional act or omission in violation of criminal law, committed without defence or justification, and sanctioned by the laws as felony or misdemeanour’. According to Blackstone, a crime is “an act committed or omitted, in violation of a public law either forbidding or commanding it’. However, he modified his definition of crime and stated that “a crime is a violation of the public rights and duties’ due to the whole community, considered as a community.” This modification in definition was necessary since the previous definition limited the scope of crime.Definition of crime by Salmond. M.U. May 2044 Definition of crime by Stephen. M.U. May 2014 Characteristics of Crime. MU. Apr. 2012 Dec. 2014 What is mens rea? Discuss “mens rea” as essential ingredient of crime. M.U. Nov. 2019 4 CRIMINOLOGY Definition of law by Salmond Salmond defines crime as “an act deemed by law to be harmful for the society as a whole though its immediate victim may be an individual. He further substantiates his point of view through the following illustration.” A murderer injures primarily a particular victim, but its blatant disregard of human life puts itbeyond a matter of mere compensation between the murderer and the victim's family. Definition of Crime Stephen has defined crime as “A crime-large” A crime is a violation of a right considered in reference to the evil tendency of such violation as regards the community at large. While Kenny defines crimes as “wrongs whose sanction is punitive, and is in no way remissible by any private person, but is remissible by the Crown alone, if remissible at all”. The difference between a crime and civil injury has been defined in the words of Austin as “a wrong which is pursued at the discretion of the injured party and his representatives is a civil injury, a wrong which is pursued by the sovereign or his subordinate is a orime’. Characteristics of Crime Following are the important characteristics of crime : 4. Act (actus reus) : The offender must have committed or omitted to do an act which is prohibited by or under the prevailing law, amounting to an offence. It is to be noted that not only the act is punishable but so is the omission too, ifit results into harm to the society, is punishable. However, the court of law holds a person liable for the commission of acts and not otherwise. 2. Guilty mind (Mens rea ) : Guilty mind is an essential element or characteristic to constitute a crime. If the offender has been found guilty of wrongful intentions, he shall be prosecuted by the court of law. Absence of guilty intentions may save him from punishment. 3. Victim of crime : Whenever the crimes are committed, the loss to the person is stated as a public wrong. The victim's loss is not that essential to constitute a crime, as there are certain situations in which there is no victim but the act is treated as crime on the basis of culture, morality or decency (e.g., Homosexual act between consenting adults or adultery) 4. Prohibited act : An offence when committed, ought to have been prohibited under the existing legal system, unless specifically mentioned. It is a general rule of criminal law that no offence can be punished retrospectively, if the said act did not constitute an offence at the time the said act was committed.5. CONCEPT OF CRIME & CRIMINOLOGY 5 Punishment : An act or omission has to be punishable under the penal system. Such a punishment can range from capital punishment to a paltry fine. It is also essential to ensure that the offender is not subjected to ‘double jeopardy’, ie., being subjected to double punishment for the same crime. External consequences : Crime always has harmful impact on the society be it social, personal, mental or physical. Relativity : It is a very complicated subject to study, because an activity that might be labelled as a crime at a particular place; say drinking and gambling, may not be treated as offence when committed in a club. Such a varying description of activity has been described by Taft as ‘blue laws’. Classification of Crime Classification of Offences under indian Penal Law : Generally, classifying an act as crime or otherwise is a relative measuring gauge. An act may be deemed to be an offence or crime with reference to the social norms, geographical locations ate, The classification of crime can be studied under following categories : Legal : Crimes such as theft, rape, dacoity, murder, harm etc. are the legal crimes. Political : Crimes such as immoral campaigning, booth rigging, violation of norms or of any such rules that are laid down by the Election Commission. Economic : These are the white collar crimes committed quite often in the society. In certain cases such as tax evasion, smuggling, gambling, the effects are not immediately affecting any individual and the offences are not severely condemned by the society. Social : There are several social laws passed for the welfare of the downtrodden and weaker sections of the society. Violation of such laws are termed to be social crimes such as violating provisions of Child Marriage RestraintAct, 1978, Protection of Civil Rights Act, 1955, Immoral Traffic (Prevention) Act, 1956, Dowry prohibition Act, 1961, Eve teasing Actetc. Miscellaneous crimes : There are certain crimes that are committed under the local or special Acts such as Prevention of Food adulteration Act, 1954, Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988, Drugs Act, 1940; Consumer Protection Act, 1986 ete. Classification of offences under LP.C. Various offences and crimes have been broadly categorized and classified in the Indian penal Code : Name any two schools of crimi- nology. (2 marks) M.U. Dec, 2018Interrelation be- tween Criminol- ogy, Penology and Criminal Law. M.U, May 2008 Criminology - a criminal science. ‘MU. Oct, 2007 What is criminol- ogy? MU. Apr. 2006 Nov. 2012 Define crime and discuss the characteristics of criminal law. M.U, Oct. 2003, Apr. 2006 6 CRIMINOLOGY 4. Offences against person 2. Offences against property 3. Offences relating to documents 4. Offences against public tranquillity 5. Offences against State 6. Offences relating to public servants. CONCEPT OF CRIMINOLOGY Criminology has been given utmost importance world over which is evident from the fact that all the developed and developing countries have a legislative and executive machinery to enact and execute law. Right from the era of Neanderthals till the medieval age, the rule of ‘eye for an eye and a tooth for a tooth’ principle was observed while punishing the offender. The modern criminology has developed various thoughts and theoretical perspectives with regard to the treatment of offenders and systematization of machinery of justice. In view of the importance of administration of justice, the study of criminology is of utmost importance. Here, an attempt has been made to explain the nature, character and scope of the study of criminology. Defi ion of Criminology Criminology can be regarded as a study of crimes and their causes which further embraces the study of crime problems, the prevention of crime, the effects of punishment on the criminals as well as on the society and also the treatment of the criminals. ‘The Law Lexicon defines criminology as “study of crimes, their nature, the causes, detection and prevention of crimes”. Dr. Kenny states that Criminology is a branch of criminal science which deals with crime-causation, analysis and prevention of crimes. Edwin Sutherland and Donald Cressey have defined 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 toward the breaking of laws.... The objective of criminology is the development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime, and treatment”. Nature of criminology : Is criminology a science? Whether criminology is a science or an art is a matter of debate. Criminology is an important subject to be studied since the society needs to be safe and secure against criminals. A student of criminology has to study the reason of crime, process of investigation and prosecution in the court of law bringing the facts of the case to light to enable the State machinery to decide upon the case. In absence of such a process, the criminals would go scot -CONCEPT OF CRIME & CRIMINOLOGY 7 free and no rule of law would prevail anywhere in the society. This would make our society a perilous place to live in. Criminology cannot be termed as pure science since the causes of a particular offence or act may differ and cannot be comparimentalized into just ‘one category’. For instance, murder may be Committed due to several reasons. According to Wolfgang, criminology should be considered as an autonomous and a separate discipline of knowledge because it has accumulated its own set of organized data and theoretical conceptualism that use scientific method. The study of criminology also deals with the punishment which serves the purpose of retribution and reformation. Not every criminal is annihilated. Hence, his reformation is essential before he returns to the society. Itis believed that the incarceration would serve the purpose. The study of criminology helps to gauge the gravity of offence and to award punishment to the offender accordingly. ithas been stressed that penology:and corrections should come under the purview of the study of criminology. inflicting pain and agony on the offender is not the only purpose of punishment. The study of criminology would help in the administration of justice to decide the quantum of punishment, probation, parole and problems related to juvenile and recidivists. tis very complicated because an activity that might be labelled as a crime at a particular place, say bigamy, gay marriages etc. may not be treated as offence by all the religions, cultures or societies. Basic Elements of Criminal Law Prof. Paranjape states that an effective criminal law must have four elements : 1. Politicality : Implying that violation of rules laid down by the state is regarded as crime; 2. Specificity : The provisions of law should be specific, unambiguously adjudging the act as a crime; 3. Uniformity : The application of law should be without any discrimina- tion on the basis of caste, race, sex etc. the law should be applicable uniformly all over the country; 4. Penal sanction : With the help of the penal sanctions, the fear of being punished can be instilled in the minds of the members of the society and hence deter them from committing crimes. In modem days, criminology is an interdisciplinary science which combines with criminal justice, political science, psychology, economics and the natural sciences. At the beginning of the twentieth century, the primary orientation of criminologists was from the discipline of sociology. Whereas, it can be viewed as an integrated approach to the study of criminal behaviour in which many disciplines are combined together to understand the true nature of crime, law Discuss the nature and scope of the study of criminol- ogy and state how this study is help- ful to the students of law. M.U. Dec. 2002 Criminology in- cludes within its scope the procces of making of law, breaking of law and reacting to the breaking of laws. Examine critically. MU. May 2009What is Criminal Anthropology? MU. May 2008 May 2011 Define Penology. MU, Apr. 2013 June 2019 What do you mean by penology? M.U. May 2008 May 2009 May 2011 May 2016 Dec. 2018, Explain : Nullum Crimen sine lege. M.U. May 2014 Nov. 2014 Nov. 2013, 8 CRIMINOLOGY and justice and the process by which the undesirable behaviour of the individual can be controlled. ‘The scope of the study of criminology : The nature of criminology has been studied by Dr. W. A. Bonger under the following sub-heads : 4. Criminal anthropology : Bonger has complemented his study in light of the research of Lombroso wherein the latter pinpointed that criminals were physically different from the normal people. Lombroso was criticized for being discriminatory about the criminals’ physical attributes and appearance. However, due to efforts and research on the part of Freud and Sutherland, multiple factors abutting the criminal attitude came to light, whereby many causes other than those emphasised by Lombroso were held prominent contributors to a crime. 2. Criminal sociology : In this case, a reference is made to Dr, Sutherland's ‘differential association theory’ that neglects the psychological traits of the offender but suggests that criminal activities should be attributed to the association of the criminals with other offenders and the company that they keep. 3. Criminal psychology : Here, the researches conducted by Alfred Binet, Prof, Jerman are studied to co-relate criminality with emotional aspect of human nature. 4. Criminal psycho-neuro-pathology : The studies of Glueck and Sigmund Freud have tremendously influenced this factor whereby the criminality is studied in the light of functional deviations and mental conflicts in the personality of the offender. 5. Penology : It studies the aspects of punishment, penal policies and the quantum of punishment. Several theories have been coined such as deterrent, retributory, reformatory, preventive and utilitarian to study the concept of penology at length. Nullum Crimen sine lege There can be no crime without a statute that quite specifically forbids the behaviour involved. In simpler words, nothing is a crime without a law prescribing it. This was very closely observed in the case of Ganesh Traders vs. District Collector 2002 (1) ALD 210. According to William Blackstone, a crime is an act committed or omitted in violation of a public law either forbidding or commanding. The case further quoted Kenny's Outlines of Criminal Law that every instance of crime presents all of the three following characteristics: (1) that the state is desirous of preventing the harm brought about by human conduct; (2) that the threat of punishment can be an effective measure of prevention; (3) that legal proceedings of a special kind are employed to decide whether the accused person is guilty or not.CONCEPT OF CRIME & CRIMINOLOGY 9 Nulla poena sine lege There ought to be no penalty without (prior) legal authority, In case of Abu Salem Abdul Qayoom Ansari vs. State of Maharashtra & Anr. decided on 10 September, 2010, the Supreme Court of India observed and followed this legal doctrine that in the case of an extradition, the punishment ought to be mutually acceptable to both the countries and the acts and deeds related to such case ought to be perceived as punishable crimes in both the countries. Furthermore, in case of K. Sundari vs. The State (Crl.0.P.(MD) No. 1187 of 2007) itwas decided by Madras High Court that there was nothing on record that mere failure or negligence in inspecting the said Societies would tantamount to a criminal act, It is quite obvious that those penal sections against the Petitioner are relating to serious offences contemplating mens rea (intention). ‘The charge sheet as well as the evidence gathered by the investigating agency, in no way prove that she had mens rea of swindling the amount nor does it prove that she conspired to misuse the funds. It is easy to conclude that negligence to inspect the accounts cannot be made such a serious offence Nor can be compared with misappropriation of funds. The Charge sheet and the sections were applied in the case yet, were not applicable since, the negligence on her part was not such a serious matter. Brief history of criminology With the changing trends of society, the concepts of crimes and criminology too have undergone a very drastic and significant change. In the Middle Ages (1200 - 1600) those who were non-conformists and violated the religious code were considered as criminals and they were punished by very inhumane methods. Superstitious beliefs reigned the minds of the people. Extreme methods were implemented to punish the offender. By the eighteenth century, utilitarian concept was being suggested and gradually adopted in European countries. Itis felt that the writings of Beccaria were very influential whereby he suggested that to deter people from committing crime, the awarded punishment should cause reasonable pain. It was felt that there should be a balance between the gravity of the crime and the punishment awarded. The punishment was expected to be reasonable, purposeful, reformatory and even deterrent to certain extent. However, executions were Still conducted but gradually came to be awarded only for heinous crimes. By the nineteenth century, positivism was practised by several judiciaries all over the world. Itwas felt that scientific methods should be involved to study the reasons of crime, human behaviour and the factors causing disturbance to the society. Auguste Comte is considered the father of such positivism. Presently, the study of criminology involves several factors like biological, sociological, psychological, hormonal and even economic and financial circumstances. Explain : Nulla Poena sine lege. MU. May 2011 Nov. 201110 CRIMINOLOGY Approaches to criminology Descriptive Approach : Hermann Mannheim has described this approach as phenomenology or symptomatology of crime. Such an approach simply describes the reasons and the phenomenon of the offenders. Such an approach studies the personal characteristics and the behaviour of the offender and various forms of criminal behaviour exhibited by him. This descriptive approach may also be called non-normative approach. Causal Approach : This approach conducts a study on the causes of crime, where, unlike in physical sciences, no reason necessary for the commission of crime attributed to criminal behaviour. Normative approach : While studying criminology, emphasis is not only on the facts and interpretation of the case, but also the methods of reforming the judicial and penal system are suggested. Criminal Statistics : Criminologists need to collect data on the extent and trends of criminal activities in the society to assess how many crimes are committed annually. How serious the crimes are? Who commits such crimes? Who are the usual victims? Such collected and compartmentalized data helps even the police agencies to contral crime. Such statistics also identify the victims so that more protection’can be provided to them. Time and again it has been felt that accurate criminal statistics are difficult to collect and in the absence of Valid and reliable data sources, the criminological theories would prove to be incorrect and of no use. This in turn would affect the working of the social and judicial agents of the society. However, several hindrances are faced while collecting accurate and relevant data that affect the reliability of the data. For instance, not all crimes are reported. Crimes such as eve - teasing, domestic violence etc. generally are suffered by the victims and yet not registered with _the judicial officers. Secondly, it has been observed that criminal statistics recorded in courts are better than the ones recorded by the police since the court statistics may also describe the personal characteristics of the offender contributing precision towards the collected data. Difference between Criminology and Criminal Justice The terms criminology and criminal justice differ in several ways. While criminology explains the origin, nature and extent of crime in the society, the criminal justice conducts a study of those agencies that control criminal offenders and help maintaining social control. The academic criminologists concentrate their studies on nature, extent and cause of crime, while criminal justice researchers would describe, analyze and offer explanations on the working of the agents of justice such as police, prisons, courts etc. However, these both faculties are interrelated and overlapping. Criminologists need to study the nature of crimes, the actual social factors and the functioning of the social agencies. On the other hand, the criminal justice people cannot iron out the disputes if they are not supplied with the reasonsCONCEPT OF CRIME & CRIMINOLOGY 1 and the nature of crimes committed. Therefore, both the departments need to be updated on the theories of crime and the functioning of judicial agents, to evaluate the working of the social and judicial agencies of the society. Nature and Extent of Crime in India In today’s world, the crimes are not restricted to a specific geographical Country but have their tentacles connected with several other countries. It has been seen that the criminals function just like any other commercial centre, Concentrating on its administration by employees’ management, maintaining the accounts and reporting to the chief. With the advent of the technological gadgets and the exchange of information being easy, the commission of crime has become more sophisticated and easier at large. The criminal organizations working on a global level have repository of information about several spheres and faculties. For instance, they acquire the knowledge about the extradition and other such laws to safeguard themselves under a blanket of international policies. The expertise in finance and foreign exchange makes money laundering easy for them and ability to detect loop holes in trade barriers and bureaucracy is used by them for the purpose of smuggling. Such knowledge is useful for carrying out illicit activities like drug trafficking, illicit manufacturing offirearms, cyber crimes, industrial espionage, extortion, trafficking of women and children etc. India is poverty ridden and hence, some rich and aged Arabs find it easy to marry a girl of tender age. Even Saudi countries do not object to the same. The children and women are “bought” by these Arabs. The knowledge of availability of such girls brings them to India. Thus, the dimensions of crimes in India are not only increasing but are also varying in their nature. Reasons for Occurrence of Crimes A criminal commits crimes for a variety of reasons. Crimes generate voluminous income at a faster pace, instil fear in the minds of general public and even the thirst for gaining fame is satisfied. However, criminals like Raman Raghavan are completely different. Being a psychopath, Raghavan killed numerous people whom he did not even know and had no qualms of any Nature for the commission of those crimes. The late sixties were a living horror for the people who slept on pavement. DCP Kulkarni, in his book, “The footprints on the sand of crime" mentions that such criminals do not have any motive nor do they gain out of crimes but are simply incorrigible. The Sessions judge had awarded a death penalty which was reduced to a life imprisonment by the high Court, on the ground that he was of unsound mind. At times, the crimes are committed with due permission and formerly even at the instance of the governing bodies. For instance, the agricultural land of India has been misused since the British era, when farmers were forced to grow opium not only in India but also in Chinese territories. These days the farmers, opt for drugs like opium and hashish over other produce, not out of compulsion but because these crops are more profitable.What is crime prevention? M.U, June 2014 What are the controlling agents of crime? M.U. Apr. 2006 Give any two rea- sons for juvenile delinquency. M.U. June 2014 Nov. 2017 Write short notes on : Juvenile De- linquency. M.U, Nov. 2016 Dec. 2018 June 2019 12 CRIMINOLOGY Approaches to Crime Control Normally itis held that those who violate the laws are disobedient and are treated as criminals. Non-conformity is normally viewed to be a characteristic ofa criminal. But such a general statement cannot be validated when the non- conformists are great international leaders like Mahatma Gandhi and Nelson Mandela who raised their voices in India and South Africa and brought a revolution with their ideology. Hence it would be unfair to simply accept that whoever is disobedient towards the government ideologies is a criminal. It is generally held that shame is a deterrent and controlling factor, while encouragement and appreciation are boosting factors. Crimes are the result of social circumstances prevailing in the society. Several control theories have been coined to study the causes of crimes and to suggest ways and means to control the same. The theory of Containment was formulated by Reckless wherein external factors such as peer groups, illegitimate goals, effects of mass media are the “pull” factors, while, behavioural traits, personality and poor financial conditions are ‘push’ factors. These factors act as temptations and reasons for a person to commit crimes. Aperson’s personality and environment would decide whether he would commit or prevent crimes, Generally, a good upbringing and a better environment help in reducing the effectiveness of such push and pull factors. Roshier (1989) had claimed that normally people do wish to commit crime when they fee! that they have been wronged, but due to a general belief of conformity and several factors such as loss of affection, status, money and security dissuade them from committing the same. Roshier also believed that the fear of being punished or fined also restrains a person from committing crimes. From this study itis easy to conclude that relatively the upbringing of a child does have its impact at a later stage in his life. Control theorists have pinpointed the following controlling agents of crime and the remedies thereto: 4. FAMILY : Itis usually seen that children from broken homes or those who have been brought up by a single parent would generally and not always exhibit certain offensive behaviour. Studies by Morash and Rucker showed that although it was single parent families who had the children with highest deviancy rates, the same applied to children from good families but belonging to lower income groups. In the developed countries, the government with a view to restrict the rising number of delinquents suggests that such families should readily allow their children to be adopted by a reputed family so that the future of the child is secure. 2. SCHOOL: In case of juvenile offenders, itis seen that they have been reprimanded for their behaviour in the school. The reward and punishment system has a great impact on their minds. A student who fears mockery before the classmates would always remain in discipline. Students always seek encouragement and appreciation from their teachers and always strive in that direction. In the event of being compared with other students and being negatively treated, the pupil starts developing aversion to school and startsCONCEPT OF CRIME & CRIMINOLOGY 13 interacting with such other pupils, leading to formation of gangs. As per the records of Youth Lifestyle Survey, the boys who disliked school were three times as likely to be offenders, and girls four times as likely. As per the studies of Zingraf, it could be concluded that school do have an impact for encouraging students to be law abiding. 3. RELIGION : People in general, are God-fearing and the idea of being Punished or being sent to hell after death has a deterrent impact on the minds of the people. Pope has been the supreme authority while sanctioning and condemning certain acts and deeds. Such religious writings, speeches and the behaviour of their leaders do have a controlling impact on the people in general. For instance, Islam disallows its followers to earn interest on money. This deters the followers from committing financial crimes and even speculative activities. Black people had always been discriminated on the basis of race and colour. Being victims of such discrimination, disallowed them from enjoying a better life. But now, with such discrimination on racial grounds decreasing on an average, number of people from the black community are coming forward and are participating in the government and public employment. 4. SOCIAL DISPARITY : Engles had wisely summarized that just as water turns into steam at a boiling point, one who has been demoralized would tend to turn into a criminal. Itis also observed that the crime rate has increased with the rising inflation resulting in more impoverished conditions for the poor ones. 5. POLICE : This is a formal agency for controlling crimes in the society. The police are entrusted with the task of detecting, investigating and controlling crimes. The man in uniform holds certain powers and duties which differentiate him from the common public. A policeman also develops certain designs to control crimes as he is empowered to intervene and is entrusted with the authority to register a person as an offender if he suspects that a person is guilty. Such authority available to the police makes them very effective and powerful crime controlling agents. 6. PUNISHMENT : Crimes are generally controlled by awarding punishment through judicial machinery. The punishment instills fear in the minds of the criminal and they are prevented from committing further crimes and it also creates a deterrent effect on the mind of a potential offender. It is found that an offender fears imprisonment, fines and even capital punishment in certain cases. When a person fears any such punishment, he is bound to be averse to the idea of committing crimes. Certain social criminals can be put out of action when their authority to transact such activities is cancelled or suspended. For instance, a manufacturer who disposes toxic elements in the open can be controlled by suspending his manufacturing licenses. However, how far is the punishment successful in preventing the criminal or deterring the potential criminal is a question of research. No definite conclusion so far has been reached in this connection. The human rights movements claim that the severe punishment (such as death penalty) has no role in controlling the crime. o00Habitual and Pro- fessional crimi- nals. M.U, June 2014 2 PERPETRATORS TO ORDINARY CRIME Classification of criminals Normally, criminals can be classified on the basis of several factors but the vital ones are enumerated herein under = First offenders : This category comprises of such people who have committed a crime in self-defence, ignorance or negligence. Such first offenders may have been tempted to commit the crime to solve the immediate problem. Factors such as poverty, trying circumstances, failure to seek help etc. result in such first time offences. Habitual Offender : There are offenders who commit crimes out of habits. Such people are found in our everyday life such as tax evaders, environment polluters. Vandalism is one such act that a person enjoys committing out of habit especially when he is in company of his gang members. Such people, though fully aware of the consequences of the crime, do not hesitate to commit them. Professional offenders : These people do not have any personal vested interest in the commission of the crime. They commit crime on behalf of others and expect some gain for the said crime. These professionals do not fear punishment and are very hedonistic by nature. White collared offenders : are those who enjoy a very good prestige, fame and status in the society. Itis a vicious circle wherein the criminal commits more crime for more wealth and with such more wealth he commits more crimes. It is correctly said that power corrupts and absolute power corrupts absolutely. Chronic offenders : as per the classification of Alexander and Staub, criminals can be classified as accidental and chronic. Accidental criminals vary from chronic offenders in a sense that chronic offenders commit crimes because of their anxieties, guilt feelings, and personality conflicts (neurotic criminal). Such chronic offenders may also engage in criminal behaviour because of an organic condition and are generally labelled as pathological criminal. Criminal tribes : The criminal tribes are actually labelled as De - notified and nomadic tribes. These tribes are patriarchal in nature where the status of women is extremely low, leading a nomadic life, having no permanent abode. Phanse Pardhis are the example of such tribe members. During the British period, several sub-communities such as Ghantichors, uchales, thugs and Pendharis were involved in thefts, dacoity and other illegal activities. A crusade for the annihilation of such thugs was undertaken by British Viceroy Warren Hastings. Their nuisance was very widespread which led to enactment of 4PERPETRATORS TO ORDINARY CRIME 15 Criminal Tribes Act of 1871. These tribes were considered to be criminals, were de-notified and did not form part of the list of the Scheduled Tribes and Scheduled Communities in the constitution of India, which still makes their rehabilitation by the state agencies very difficult. With the increasing urbanization, education and the efforts of charitable and religious institutions, these tribes have been brought nearer to the social life. For an effective rehabilitation programme, a census of the population of the VJNTs in Maharashtra was carried out in 1991 and was estimated around 6.5 million persons. This estimate has been on a liberal side. In 1991, it came to about 7 per cent of the state population, 11 per cent of Scheduled Castes and 9 per cent of Scheduled Tribes. Since the governmentis readily extending assistance to the assimilation process of these tribes, it is feared that people from other tribes would fraudulently claim to belong to one such tribe, resulting in exaggeration of numbers. Situation criminal : There are certain crimes or offences committed by person simply because an opportunity is available to him or the crime has been committed impulsively. Instances of jumping traffic signals are very commonly observed. It is just a situational crime where nobody is a criminal but yet an offence is committed which may prove to be fatal. It is only the fear of confiscation of licenses or an imposition of fine that restrains a person from becoming a situational criminal. Situational crimes cannot usually be said to be premeditated as for instance, the rape cases or molestation of a child are more or less situational where a person behaves impulsively taking undue advantage of a child who is under nobody's supervision. With better gadgets like Closed Circuit Camera Televisions etc., the behaviour of people is monitored and even the crimes are detected. It has become easy to trace the burglars and thieves with the help of such gadgets. To avoid verbal abuse, certain corporate sectors record all the telephonic conversations. It is very essential to bear in mind that such precautionary Measures should be more of preventive nature rather than intruding on a person's privacy. United Nations had suggested its country members that Governments and civil society and the corporate sector should support the development of situational crime prevention programmes by, inter alia : (a) Improved environmental design; (b) Appropriate methods of surveillance, sensitive to the right to privacy; (c) Encouraging the design of consumer goods to make them more resistant to crime; (d) Target “hardening” without impinging upon the quality of the built environment or limiting free access to public space; (e) implementing strategies to prevent repeat victimization. Note On Ghantichor. M.U, Dec. 2002 Criminal Tribes. MU, Apr. 2003 Oct. 2003 Nov. 2004Note on : Women offenders in India. M.U, Oct. 2003 Nov. 2008 May 2009 Any two offences committed by women. (2 marks) M.U. Nov. 2016 16 CRIMINOLOGY Women criminals : Criminality is found among women on account of several reasons. Women commit infanticide within one year of child’s birth. A man would be charged more severely than a woman though the gravity of his _ crime might be less compared to that of the woman. Such killing may be due to post-natal depression or due to some drastic hormonal changes. Pre-menstrual tension has also been pointed as a reason for crimes. Itis an age old belief that normally the women are conformists and obedient towards law. They are perceived to be caring, tender and even compassionate. Therefore, any incident of a woman committing orime is perceived to be a result of oppression and victimization at the hands of men. A blatant example is that of Phoolan Devi. Adacoit who had massacred the Thakurs for humiliating her and was holding a record of more than 57 cases filed against her on charges of murder, robbery and kidnapping her offenders in 1981. She had surrendered herselfand later her presence was widely acknowledged and accepted by the society, So much so that she was encouraged to contest election that finally resulted in her victory as well. Women dacoits are normally women or girls abducted from the poor families. They are extremely pampered and convinced to live with the gang members. However, Nirbhay Gufjar, the notorious dacoit was once interviewed where he confessed that it was getting difficult to retain women gang members since they lead to unwanted fights and differences among the group members and are a bigger liability to control. However, it is felt that such dacoits are decreasing by the day as mentioned by Mr. A. Palnivel, the Additional Director-General of police, (Law and Order) that “Women have become more conscious and are exposed to more economic opportunities evenin the villages.” This in turn deters them from resorting to criminal activities. Right from the times of Mata Hari, a female spy, ithas always been believed that women invoke less suspicions. Mata Hari was suspected of working as a double agent for the Germans and the French, and when she chose to work only for the French, she falled to disclose her previous association with the Germans. Itis not accurately declared whether or not she was tried in a military court and sentenced to die by firing squad. Several questions remain unanswered about the fate of this infamous intemational spy. The dowry cases registered in India involve mother-in-laws who actively participate in beating up the daughter-in-law and even setting her ablaze for want of dowry. At the same time, Sec. 498 A of the I.P.C. is so very often misused by women to threaten her in - laws. This provision has acted as a double edged sword. Deependra Pathak, deputy commissioner of police (crime), Delhi Police commented that, “The police have realized that while its attention has traditionally been focused on male criminals, female criminals sometimes get away purely because of their gender.” Crime is a crime of course — irrespective of gender. Topping the list of most-wanted women criminals in India are Reshma Memon, wife of Tiger Memon, and Shabana Memon, wife of Ayub Memon.PERPETRATORS TO ORDINARY CRIME 17 Both women are known to be party to the criminal activities of their husbands and a reward of € 25,000 for the capture of either woman has been announced. These women, guilty of crimes like abduction, conspiracy, stealing, defrauding banks and involved in forged passport and fake currencies are on the police's most-wanted list and their arrest is imperative. The crimes committed by these women must be so serious that a Red-Comer notice is issued against them which is a warrant for arrest issued by Interpol to its branches in 44 countries. if the accused is sighted in any of these countries, his or her home country is alerted so that extradition or deportation proceedings can begin. Young offenders : According to Albert K. Cohen, there is a particular ‘delinquent culture’ in America where the members of one class have some expectations and ambitions because the boys of this class find themselves underprivileged when compared with the boys of the middle-class society. The delinquency may be caused due to family atmosphere, school environment, economic facts, mass-media effect etc. A study of 13000 delinquents conducted by Breckinridge and Abbott highlighted the fact that 34% of the delinquents were from broken homes. It is also seen that stringent restriction on the child or extreme negligence on the part of the parents while upbringing their children imbibes certain delinquent quality among the young minds. Itis essential that the tantrums of a child are curbed at the earliest. Parents who yield to the wishes of their children invite troubles for themselves. For instance, allowing their under-aged children to drive vehicles or not keeping a tab on their routine. Extremely busy and career - oriented parents often neglect their children who later on do exhibit deviant behaviour. India is still more active when compared to other countries like China where no ban has so far been enacted on sale of alcohol and cigarettes to children below the age of 18 years. The definition of deviance is relative. The children from affluent families, while indulging in drinking and partying, would always be perceived as ‘being in high spirits and showing a sign of youth’, while the same indulgence by a child from a lower class would earn him a label of being ‘notorious and deviant’. Organized Crimes : Criminologists have identified three major types of organized crimes Criminal Gangs, Syndicated crime and racketeering. 1. Criminal Gangs : Barnes and Teeters have observed that criminal gangs live violently and expect violence. The activities of criminal gangs, whose criminal records are registered with the police, are widespread and their members meet at a particular prearranged hideout. These gangs involve themselves in kidnapping, rape, mugging, extortion, robbery, vehicle theft, drug peddling etc. When under pressure or duress of being caught, gangsters do not hesitate to kill the victim for the fear of their identity being disclosed. With the increasing unemployment and the desire to earn the quick buck, certain small gangs specialize in particular type of criminal activity that would help them gain expertise while committing the crime. For instance, auto thefts account for 31.4 % of the total thefts registered with the police all over the Note on : Young offenders. MLU, Apr. 2006 Nov. 2006 Write a short note on: Criminal Gangs. M.U, Nov. 201918 CRIMINOLOGY country. The thefis have increased from 80682 in 2004 to 85, 709 in 2005 amounting to almost a rise of 6.2 % in auto thefts all over the country. Those involved in kidnapping and extortion have certain pockets where they are familiar with the surroundings. To put a fear in the minds of such criminals, severe preventive measures have been implemented. For instance, since 2006, under the guidance of Indian Medical Association, the Doctors in Agra are being trained in firearms and licenses are being granted to them to counteract the threats of the kidnappers. 2. Syndicated crime : is carried out by an organized criminal gang and is often called mafia. The major influential mafias operate in metros like Mumbai, Kolkata and Delhi. It is not very difficult to assess the prevalence of organized crimes in India. The number of such crimes has increased substantially and has covered large geographical areas. Betting, drug trafficking, automobile theft and supply of illegal arms to insurgents are some commonplace examples. The members of the gangs of Abu Salem, Dawood Ibrahim, Tiger Memon are all hard - core criminals who have set up a whole organized structure of crime with a complete bureaucratic order. To burst such criminal activities, The Central Economic Intelligence Bureau was set up in July, 1985. 3. Racketeering : Racketeering involves dishonest way of getting money by cheating people, selling adulterated commodities and spurious drugs etc. Racketeers also act as protectors of illegitimate business of an organized criminal gang that is engaged in extorting money through coercion. Such gangs indulge in fraudulent activities like selling cheap or worthless goods or spurious drugs, peddling drugs. They even have their names enrolled with legally registered trade unions to create unrest between the employers and employees. These racketeers live like parasites. However, they do not usurp all the loot or profits amongst themselves. They would simply be interested in taking a share from the businessmen running illegal business activities. As per the study of Caldwell, such racketeering groups are divided in two groups - the brains, meaning those who chalk out plans and issue orders while the second group comprises the ‘muscles’, i¢., those who carry out the orders like destructions, coercive activities and even murders. CYBER CRIMES Evolution of cyber law Inthe recent past, there have been tremendous changes in the law which controls the criminal activities committed through means of information technology. The computer and various innovations so far have changed the modus operandi of criminal activities. In response to these criminal activities, the Information Technology Act, 2000 has been passed to regulate and control these cyber crimes and crimes committed through computers. It has been realized that itis quite difficult to control and regulate the cyber crimes through