CRIMINOLOGY AND PENOLOGY

Nature and scope- Crime and Criminology

Criminology is the systematic study of crime, criminals and the intricate web of
factors influencing criminal behaviour within society. This interdisciplinary field
draws from psychology, sociology, law, economics, biology and other sciences to
explore the causes, patterns and consequences of criminal activities. Criminologists
aim to understand why individuals engage in unlawful acts, whether driven by social,
economic, psychological or environmental factors.
They also investigate the functioning of the criminal justice system, including police,
courts and corrections, seeking to improve its effectiveness and fairness. Additionally,
criminology delves into various subfields such as penology, bio-criminology, feminist
criminology and criminalistics, addressing specialized aspects of crime, punishment
and the biological underpinnings of criminal conduct.

What is the Nature and Scope of Criminology?

Understanding the nature and scope of criminology is crucial for legal professionals
and policymakers as it provides insights into the interdisciplinary, empirical and
theoretical approaches used to analyse criminal behaviour.
It encompasses various aspects, including crime causation, criminal typologies,
victimology and the functioning of the criminal justice system. This knowledge equips
us to develop effective strategies for crime prevention and control while fostering
fairness and efficiency within the legal system.

Nature of Criminology
Criminology is a dynamic and multifaceted field of study that delves deep into
the understanding of crime, criminals and the criminal justice system. Its nature can be
characterised by several key attributes:
 Interdisciplinary: Criminology is inherently interdisciplinary, drawing on
insights from a wide range of social, behavioural and natural sciences. It
integrates knowledge from sociology, psychology, law, economics,
anthropology, biology and more. This interdisciplinary approach allows
criminologists to gain a holistic understanding of crime and its origins.

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  Empirical: Criminology is rooted in empirical research. It places a strong
emphasis on collecting and analysing data to study criminal behaviour, crime
patterns and the effectiveness of various crime prevention and control strategies.
By relying on real-world evidence, criminologists can develop evidence-based
policies and interventions.
 Theoretical: Criminology is heavily theoretical, with various criminological
theories attempting to explain the motivations and causes behind criminal
behaviour. These theories range from classical theories like deterrence to
contemporary ones such as strain theory, social learning theory and routine
activities theory. These theoretical frameworks help criminologists understand
and predict criminal behaviour.
 Applied: Criminology is an applied field. It takes the insights generated through
research and theory and applies them to real-world problems. Criminologists
work collaboratively with law enforcement agencies, policymakers and other
stakeholders to develop practical strategies for crime prevention and criminal
justice improvement.
 Employs a Scientific Method: Criminology relies on the scientific method,
involving the formulation of hypotheses, data collection, analysis and the testing
of theories. This empirical approach ensures that research in criminology is
conducted rigorously and systematically.
 Policy-Oriented: Criminology often has a policy-oriented focus. Research in
this field has a direct impact on the development and reform of criminal justice
policies. It informs lawmakers, judges, law enforcement agencies and
correctional facilities in making evidence-based decisions.

Scope of Criminology
The scope of criminology is expansive and includes various subfields and areas of
focus:
 Crime Causation: One of the fundamental aspects of criminology is the study
of factors contributing to criminal behaviour. This includes examining the
influence of socioeconomic conditions, socialisation, mental health and even
genetic and neurological factors.
 Criminal Typologies: Criminologists analyse different types of criminals, their
characteristics and the patterns of crimes they commit. This knowledge aids in
tailoring prevention and intervention strategies to specific offender profiles.

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  Victimology: Understanding the impact of crime on victims and their
experiences is a crucial component. This knowledge is used to design support
systems and services that cater to the needs of victims.
 Criminal Justice System: Criminology evaluates the functioning of the
criminal justice system, which encompasses the police, courts and correctional
institutions. It assesses the effectiveness and fairness of the system in dealing
with crime and criminals.
 Crime Prevention and Control: Criminologists are actively involved in
developing, implementing and assessing crime prevention strategies. This
includes rehabilitation programs, community policing and measures to reduce
recidivism.
 Comparative Criminology: This subfield involves comparing crime rates,
criminal justice policies and cultural differences across different countries and
societies. The aim is to identify effective approaches to crime control and to
learn from international practices.
 Specialised Areas: Criminology also encompasses specialised areas like white-
collar crime, which focuses on non-violent crimes committed by individuals in
positions of trust or authority and cybercrime, which investigates crimes
committed in the digital realm, including hacking, identity theft and online
scams.

History Of Criminology In India

The history of criminology in India can be traced back to the 18th century, when
ancient India had sophisticated legal systems that included the Dharmashastras and
Arthashastra. These texts contained detailed provisions on crime, punishment, and
justice administration. Ancient criminologists, also known as Dharmashashtra
scholars, used observation, logical reasoning, and inference to understand crime
patterns and suggest preventive measures.
The term "criminology" became popular in India around 1920 when Bengali legal
scholars tried to reconcile modern metropolitan theories with Indian
realities. However, before 1947, few colonial administrators considered themselves to
be working in criminology.
The Indian Society of Criminology was established in 1970 to promote the study and
application of criminology and related sciences for the benefit of society. The society's
membership includes criminologists, psychologists, sociologists, judges, lawyers,
police officers, correctional officers, forensic scientists, and social workers.

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One of the oldest centers for criminology in India was established in 1954 at the Tata
Institute of Social Sciences in Mumbai as the Department of Criminology and
Correctional Administration (CCA). The CCA's goal was to train personnel in the
administration of criminal justice and correctional systems.

Schools of Criminology
Criminologists often draw from multiple schools of thought to develop a
comprehensive understanding of crime and criminal behaviour. Over time, different
scholars and researchers have developed various schools of criminology, each with its
unique theories and perspectives on the causes and explanations of crime.
Criminology, as a field of study, encompasses various theories and approaches that
seek to understand the nature of crime, its causes, and its impact on society. In India,
criminology has gained significant attention in recent years, with a growing focus on
addressing crime and improving the criminal justice system.
One way to approach the study of criminology is through different schools of thought,
which offer unique perspectives on crime and its management. Let’s look at the
schools of criminology.

Definition of Schools of Criminology

Schools of criminology are different theoretical perspectives or approaches that seek
to understand the causes, dynamics, and patterns of crime and criminal behaviour.
These schools of criminology offer varying explanations and solutions for
understanding and addressing crime, based on their unique perspectives and
assumptions.
Pre-Classical School
The Pre-Classical School of Criminology is rooted in ancient Indian texts and
scriptures that contain principles of justice and punishment. This school focuses on the
concept of dharma, which refers to the moral and ethical duties of individuals towards
society, and the idea of karma, which highlights the belief in the consequences of
one’s actions.
This is one of the schools of criminology that emphasises the role of religion, customs,
and traditions in shaping the social control mechanisms and maintaining law and order
in society.

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Key Concepts
Dharma: The concept of dharma is central to the Pre-Classical School of criminology.
It refers to the moral and ethical duties that individuals have towards society and
highlights the importance of adhering to social norms and customs.
Karma: The concept of karma emphasises the belief in the consequences of one’s
actions, both in the present life and in future lives. It underscores the idea of
accountability and the notion that individuals are responsible for their actions and their
consequences.
Relevant Provisions
Manusmriti: Manusmriti, an ancient Indian text, is considered one of the important
sources of principles of justice and punishment in the Pre-Classical School of
criminology. It contains provisions related to social norms, customs, and punishments
for various crimes, reflecting the emphasis on dharma and karma.
Contribution
The Pre-Classical School of Criminology has contributed to the understanding of
crime and punishment in ancient Indian society. It highlights the significance of social
norms, customs, and ethical responsibilities in maintaining law and order.
While not directly influencing contemporary criminology in India, the concepts of
dharma and karma continue to shape cultural and religious beliefs related to crime and
justice.
Classical School of Criminology
The classical school of criminology is one of the oldest and most influential schools of
thought in the field of criminology. It emerged during the Enlightenment period in the
18th century and is based on the idea that individuals are rational beings who make
choices based on their self-interests.
According to the classical school, crime is seen as a result of individuals’ free will and
rational decision-making, and it can be deterred through the fear of punishment.
Key Concepts
Rationality: The classical school believes that individuals are rational beings who
make choices based on their self-interests. They weigh the benefits and costs of
committing a crime before making a decision.
Hedonism: The classical school assumes that individuals are motivated by the pursuit
of pleasure and the avoidance of pain. Therefore, they commit crimes when they
perceive the benefits of the crime to outweigh the costs.

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Punishment: The classical school emphasises the importance of punishment as a
deterrent to crime. It argues that the certainty, severity, and swiftness of punishment
can deter individuals from committing crimes.
Relevant Provisions
Indian Penal Code (IPC): The IPC, which is the main criminal law statute in India,
reflects the classical school’s principles of deterrence through punishment. It
prescribes specific punishments for various crimes, with the aim of deterring
individuals from committing those crimes.
Contribution
The classical school of criminology has influenced the development of criminal law
and the criminal justice system in India. The principles of deterrence through
punishment are reflected in the Indian Penal Code, which serves as the basis for the
criminal justice system in the country.
Neo-Classical School
The Neo-Classical School of Criminology seeks to integrate the concepts of free will
and determinism, acknowledging that while individuals have the capacity for free will,
they are also influenced by various factors beyond their control. The Neo-Classical
School emphasises the need for a balanced and holistic approach to understanding
crime and criminal behaviour, taking into consideration both individual agency and
social context.
Key Concepts
Integrative Approach: The Neo-Classical School advocates for an integrative
approach that combines the concepts of free will and determinism. It acknowledges
that individuals have the capacity for free will, but they are also influenced by various
biological, psychological, and social factors that may limit their choices.
Mitigating Circumstances: The Neo-Classical School recognises the importance of
considering mitigating circumstances, such as mental capacity, duress, provocation,
and other factors that may affect an individual’s culpability for a crime.
Relevant Provisions
The Neo-Classical School has influenced the development of sentencing guidelines in
some jurisdictions, which take into consideration both the severity of the offence and
the individual circumstances of the offender, such as their criminal history,
motivation, and potential for rehabilitation.
Contribution

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The Neo-Classical School of Criminology has contributed to the recognition of the
complex interplay between individual agency and social context in shaping criminal
behaviour. It promotes a balanced and holistic approach that considers both free will
and determinism, and advocates for the consideration of mitigating circumstances in
the criminal justice system.
However, the Neo-Classical School has also been criticised for its potential for
subjectivity and inconsistency in determining mitigating circumstances and evaluating
an individual’s culpability for a crime.
Positivist School of Criminology
The positivist school of criminology emerged in the 19th century as a response to the
limitations of the classical school’s rational choice theory. The positivist school argues
that individuals are not always rational and that various factors, such as biological,
psychological, and social factors, can influence their behaviour, including criminal
behaviour.
According to the positivist school, crime is a result of internal and external factors,
and it can be better understood and managed through scientific methods.
Key Concepts
Determinism: The positivist school rejects the idea of free will and argues that
individual’s behaviour, including criminal behaviour, is determined by various factors,
such as their biological makeup, psychological traits, and social environment.
Scientific Methods: The positivist school advocates for the use of scientific methods,
such as empirical research and data analysis, to study crime and criminal behaviour. It
emphasises the importance of evidence-based approaches in understanding and
managing crime.
Rehabilitation: The positivist school believes that individuals who engage in criminal
behaviour can be rehabilitated through treatment and intervention programs. It focuses
on addressing the underlying causes of criminal behaviour rather than punishing
offenders.
Relevant Provisions
Juvenile Justice (Care and Protection of Children) Act, 2015: This legislation,
which deals with juvenile offenders, reflects the positivist school’s emphasis on
rehabilitation and reformation rather than punishment. It provides for various
measures, such as counselling, education, and vocational training, for the
rehabilitation of juvenile offenders.
Contribution

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The positivist school of criminology has contributed to the understanding of crime and
criminal behaviour in India by highlighting the importance of scientific methods and
evidence-based approaches. It has influenced the development of policies and
programs aimed at rehabilitating offenders and addressing the underlying causes of
crime, particularly in the context of juvenile justice.
Sociological School of Criminology
The sociological school of criminology focuses on the social and structural factors that
contribute to crime and criminal behaviour. It examines how social institutions, such
as family, education, and the economy, influence individuals’ behaviour and their
likelihood of engaging in criminal activities.
The sociological school argues that crime is a result of social inequalities, social
disorganisation, and the breakdown of social bonds.
Key Concepts
Social Structure: The sociological school emphasises the role of social structure,
including social class, poverty, and inequality, in shaping individuals’ behaviour and
their propensity to commit crimes. It highlights how social inequalities and structural
factors can contribute to crime and criminal behaviour.
Social Disorganisation: The sociological school examines how the breakdown of
social institutions and social disorganisation in communities can contribute to crime. It
focuses on how factors such as neighbourhood characteristics, community cohesion,
and social control can influence crime rates.
Social Bonds: The sociological school emphasises the importance of social bonds,
such as family, school, and community, in preventing crime. It argues that individuals
with strong social bonds are less likely to engage in criminal activities.
Relevant Provisions
Prevention of Atrocities (Scheduled Castes/Scheduled Tribes) Act, 1989: This
legislation, which is aimed at protecting marginalised communities from
discrimination and violence, reflects the sociological school’s emphasis on addressing
social inequalities and structural factors that contribute to crime. It provides for special
provisions for the prevention and punishment of offences against individuals
belonging to Scheduled Castes and Scheduled Tribes.
Contribution
The sociological school of criminology has contributed to the understanding of crime
and criminal behaviour in India by highlighting the role of social structure and social
factors in shaping individuals’ behaviour. It has influenced the development of

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policies and programs aimed at addressing social inequalities, promoting social
cohesion, and preventing crime.
Psychological School of Criminology
The psychological school of criminology focuses on the psychological factors that
contribute to crime and criminal behaviour. It examines how individual traits,
personality disorders, and mental health issues can influence individuals’ behaviour
and their likelihood of engaging in criminal activities. The psychological school
argues that crime is a result of psychological factors, such as personality disorders,
cognitive processes, and emotional disturbances.
Key Concepts
Individual Traits: The psychological school emphasises the role of individual traits,
such as impulsivity, sensation-seeking, and empathy, in shaping individuals’
behaviour and their propensity to commit crimes. It highlights how personality
characteristics can influence criminal behaviour.
Cognitive Processes: The psychological school examines how cognitive processes,
such as decision-making, moral reasoning, and problem-solving, can influence
individuals’ behaviour and their likelihood of engaging in criminal activities. It
focuses on how cognitive factors can affect the way individuals perceive and respond
to the social environment.
Mental Health Issues: The psychological school recognises the role of mental health
issues, such as personality disorders, substance abuse, and psychopathy, in
contributing to criminal behaviour. It highlights how mental health issues can affect
individuals’ behaviour and decision-making processes.
Relevant Provisions
Mental Healthcare Act, 2017: This legislation, which is aimed at protecting the
rights of individuals with mental illness, reflects the psychological school’s emphasis
on addressing mental health issues in the context of crime and criminal justice.
It provides for the rights and care of individuals with mental illness, including
provisions for their treatment, rehabilitation, and protection from abuse and
discrimination. It also recognises the importance of mental health assessments and
interventions in the criminal justice system.
Contribution
The psychological school of criminology has contributed to the understanding of
crime and criminal behaviour in India by highlighting the role of psychological factors
in shaping individuals’ behaviour.

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It has influenced the development of policies and programs aimed at addressing
mental health issues, promoting mental health assessments in the criminal justice
system, and providing appropriate care and rehabilitation for individuals with mental
illness who are involved in the criminal justice system.
Economic School of Criminology
The economic school of criminology focuses on the economic factors contributing to
crime and criminal behaviour. It examines how economic disparities, poverty,
unemployment, and lack of opportunities can influence individuals’ behaviour and
their likelihood of engaging in criminal activities. The economic school argues that
crime is a result of economic factors, such as economic inequality, deprivation, and
lack of access to resources.
Key Concepts
Economic Disparities: The economic school emphasises the role of economic
disparities and inequalities in shaping individuals’ behaviour and their propensity to
commit crimes. It highlights how economic inequality can contribute to crime by
creating a sense of deprivation, frustration, and lack of opportunities.
Poverty and Unemployment: The economic school examines how poverty and
unemployment can contribute to crime by creating economic hardships and a lack of
legitimate means of livelihood. It focuses on how individuals may turn to criminal
activities as a means of survival or to fulfil their economic needs.
Lack of Opportunities: The economic school recognises the importance of access to
resources and opportunities in influencing individuals’ behaviour. It highlights how a
lack of access to education, employment, and social resources can contribute to crime
by limiting individuals’ choices and opportunities in life.
Relevant Provisions
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA),
2005: This legislation, which is aimed at providing employment opportunities and
improving livelihoods in rural areas, reflects the economic school’s emphasis on
addressing poverty and unemployment as factors contributing to crime. It provides for
guaranteed employment and wage opportunities for rural households, aiming to reduce
economic disparities and create legitimate means of livelihood.
Corporate Social Responsibility (CSR) provisions under the Companies Act,
2013: These provisions require certain companies to contribute towards social and
economic development activities, reflecting the economic school’s emphasis on
addressing economic inequalities and lack of opportunities. It encourages companies

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to engage in socially responsible practices, such as poverty alleviation, education, and
employment generation.
Contribution
The economic school of criminology has contributed to the understanding of crime
and criminal behaviour in India by highlighting the role of economic factors in
shaping individuals’ behaviour. It has influenced the development of policies and
programs aimed at addressing economic disparities, promoting employment
opportunities, and reducing poverty as a means of crime prevention.
Critical Criminology
There is one of the schools of criminology that examines crime and criminal justice
from a critical perspective, focusing on the social, economic, and political inequalities
that contribute to crime and criminal behaviour. This is the Critical Criminology. It
challenges the traditional theories of criminology and argues that crime is a result of
structural inequalities, power imbalances, and social injustices.
Key Concepts
Structural Inequalities: Critical criminology emphasises the role of structural
inequalities, such as class, race, gender, and ethnicity, in shaping individuals’
behaviour and their propensity to commit crimes. It highlights how unequal social,
economic, and political systems can contribute to crime and criminal behaviour.
Power Imbalances: Critical criminology examines how power imbalances and social
injustices can influence crime and criminal justice. It focuses on how individuals with
power and privilege can perpetrate crimes and escape accountability, while those who
are marginalised and disadvantaged may be more likely to be targeted by the criminal
justice system.
Social Justice: Critical criminology promotes the concept of social justice and
advocates for policies and practices that address social inequalities and promote equity
and fairness. It emphasises the need to tackle root causes of crime, such as poverty,
discrimination, and oppression, to create a just and inclusive society.
Relevant Provisions
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This
legislation reflects the critical criminology perspective by addressing social
inequalities based on caste and tribe, and providing for special provisions for the
protection of marginalised communities from atrocities and discrimination.
Protection of Women from Domestic Violence Act, 2005: This legislation
recognises the power imbalances within the domestic sphere and provides for

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measures to protect women from domestic violence, reflecting the critical criminology
perspective on gender-based violence and inequality.
Right to Education Act, 2009: This legislation emphasises the importance of
education as a means of addressing social inequalities and promoting social justice. It
provides for free and compulsory education for children, with a focus on inclusivity
and ensuring equal opportunities for all.
Contribution
Critical criminology has contributed to the understanding of crime and criminal
behaviour in India by highlighting the social, economic, and political factors that
contribute to crime and criminal justice disparities. It has influenced the development
of policies and programs aimed at addressing structural inequalities, promoting social
justice, and advocating for the rights of marginalised and disadvantaged communities.

Causes of Criminal Behaviors

Heredity and Cause of Crimes in Criminology
It is a myth to think of a crimeless society. In fact, there can be no society without the
problem of crime and criminals.
Ever since the dawn of civilization, crime has been a baffling problem. Historically,
the concept of crime seems to have always been changing with the variations in social
conditions during the evolutionary stages of human society.
Many criminologists tell their point of view about crime. We all commonly know that
crime is an unlawful act or anything that is against law.
Criminal Tendencies and Heredity
Lombroso was the first criminologist to correlate crime with the heredity of the
criminal.
His influence on contemporary criminologists was so great that they also accepted
Lombroso's view that heredity was the sole cause of the criminal behaviour of the
offender.
Lombroso asserted that there are certain criminals who imbibe criminality by birth.
He called them atavists and held that such criminals were incorrigibles. He attributes
this atavistic tendency to them due to hereditary influences.
Modern research has however shown that hereditary influences have little effect on
criminality. To dispel this view it may further be pointed out that certain races, clans,

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or tribes such as gipsies in western Europe are known to have indulged in criminality
for generations.
In India, the Kanjars and Lohars of Rajasthan and Baluchis the nomadic tribes
which habitually pursue criminal traits and take criminality as a mode of life.
The tribal offences committed in Adivasi and tribal areas in India deserve special
mention here. They are mostly due to superstitious belief in witchcraft, petty
quarrels, sexual indulgence and intoxication due to excessive consumption of
liquor, especially in festive seasons. Thus it would not be correct to attribute
criminality in tribals to hereditary factors.
Studies carried on by Goring, Healy, Sheldon and Glueck on hereditary as factors of
crime causation indicate that it is difficult to establish any possible co-relation
between heredity and criminal behaviour because it is practically impossible to isolate
heredity factors from other environmental factors.
It is significant to note that even Lombroso at a later stage modified his earlier views
and suggested that only one-third of all criminals by nature are criminals type. He
also classified criminals into four types, namely:
• Idiots
• Imbeciles
• Feeble Minded Criminals
• Morally Insane Criminals

Biophysical Factors and Criminality

Biological differences in human personality also account for criminality in human
beings.
The logic behind the biological explanation of crime is that structure determines
function and persons behave differently owing to the fact that they are somehow
structurally different.
Physical and biological abnormalities are generally responsible for criminal behavior.
In other words, the criminal is viewed as a biological organism characteristically
different, abnormal, defective and inferior, both biologically and physiologically.
The genetic or biological theory of crime states that criminal behavior is inherited and
they are different from innocent physically and biologically including glandular

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malfunctioning, racial heritage, moral insensitivity, etc. This theory is an improved
version of the atavists theory.
An American criminologist Dr Caldwell showed keen interest in phrenology and
published his ‘elements of phrenology’ in 1824. The doctrine underlined three basic
proportions:
• The exterior of the skull conforms to the inferior, and to the shape of the brain
• The mind consists of faculties
• These faculties are related to the brain and skull

Emotional factors criminal

Emotional disturbances can be a factor in criminality. For example, a father who steals
money to buy food for his starving family is committing a crime because of his
emotions and attachment to his family.
 Trauma
Symptoms of trauma, such as hostility and paranoid ideation, can persist into
adulthood and lead to criminal activities. The likelihood of this increases with repeated
trauma, such as when an adolescent experiences violence in their community.
 Mental and emotional damage
People who have suffered mental trauma since childhood are more likely to become
criminals.
 Anger
Anger is the emotion most likely to be connected to violent behavior.
 Fear of crime
Fear of crime is an emotional reaction to the perceived environment, and can be
associated with cognitive emotion regulation strategies like rumination,
catastrophizing, and blaming others
Psychological Theories of Crime
1. Psychodynamic Theory
This theory was originated by Sigmund Freud (1856-1939), founder of
psychoanalysis. An individual’s mental growth starts from the childhood, from where
he starts to learn and his growth for good or bad things starts from there only. Person’s

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personality is controlled by unconscious mental process that is grounded in early
process. An individual’s personal makeup or drive for something is present at birth for
instance food or other necessities. When someone develops moral standards and
values of the community, family, friends, good or bad behavior or morality is
developed is super ego.

Something happened in childhood is constantly drawn in person’s mind, frustration,

anger , depression , anxiety of childhood shows up in future. Childhood worst
experience will affect the future by the way of depression, anxiety that is the main
reason most of the youth or teenagers indulge themselves in crimes. Most of the youth
are drug addicts because of their family issues or issues relating to relationships
nowadays or if their friend is doing, they will also do the same for the sake of
popularity amongst their friends or group or college, school.
A child whose mother faced domestic violence from his father or his paternal side the
child will develop criminal intent towards his relatives. An individual’s behavior
reflects his maturity level, what is his thinking about crime.

2. Behavioural Theory
The social learning theorist is Albert Bandura (1978). Human behavior is developed
through gaining and learning experiences while growing up. The children learn
violence from others, it is seen that the children learn most of the acts from movies
and try to apply them in real world. Movies is meant for entertainment but teenagers
grasp them and apply them, most of the youth is drug and alcohol abuse, by taking
them they feel that they are in some other beautiful world and they start abusing
themselves physically, mentally, emotionally. youth is more keen towards drug ,
smoke , alcohol. Teenagers mostly attracted towards their opposite sex and if they face
rejection they feel to take revenge and starts drinking alcohol, thinking that taking
alcohol will decrease their pain.

Aggressive act, ego problem, revenge thinking, indulging themselves in drugs and
alcohol modeled from-
# Movies
# Family interaction or problems
# Teenage relationships
# Environmental experiences
# Bad surrounding

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Contemporary crime: meaning
In criminology or criminal sociology, the word 'contemporary' is used to refer to
the state and occurrences of the modern world. Studies from previous decades
and centuries can help us identify trends in crime over time, as well as distinguish
how patterns in crime have changed in tandem with new developments.
Contemporary crime: examples
While it may seem like plenty of crimes are unique to contemporary society, most can
be traced back to older times in interesting ways. For example, theft before the era of
online banking and e-commerce involved break-ins and pickpocketing.
Today, while these types of crimes still occur, they're more likely to exist in the form
of internet scammers or online hacking.
Other examples of crime in contemporary society include:
 Air and water pollution-related crimes,
 Identity theft,
 Censorship, and
 The international trade of counterfeit goods

Contemporary theories of crime

Several sociological theories explain the causes and effects of crime from their unique
perspectives. The main theories of crime include:
 Functionalism
o Strain theory
o Status frustration theory
 Marxism
 Interactionism
o Labelling theory
o Deviancy amplification theory
 Right and left realism

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Multiple factors approach to crime causation:
Criminology is the scientific approach towards studying criminal behaviour. It is an
interdisciplinary science which includes sociology, psychology, biology political
science etc. There are different school of criminology like classical school, positive
school, ecological school etc. Theories are useful tools that help us to understand and
explain the world around us. In criminology, they help us to understand the workings
of the criminal justice system and the actors in the system. A theory can try to explain
crime for a large social unit or area (macro), or it can attempt to explain crime at the
individual or smaller unit level (micro). To be used for maximum effectiveness,
theories must make sense (logical consistency), explain as much crime as possible
(scope), and be as concise as possible (parsimony). Most important, the theory must be
true or correct (validity). Having met these basic goals, the theory must then have
some real world applications and policy implications.
Ease in Movability:
Mobility serves as a potential cause of social disorganisation which may result in
deviant behaviour due to lack of family control. Migration of persons to new places
where they are strangers offers them better opportunities for crime as the chances of
detection are considerably minimised. The rapid growth of industrialisation and
urbanisation in recent years has led to expansion of means of communication, travel
facilities and propagation of views through press and platform. Consequently, human
interaction has gone beyond intimate associations with increased chances of mobility.
This has helped a person, committing a crime, or having the intention to commit a
crime, mix easily with people, giving them an ample opportunity to commit a crime.
On top of that the reporting of crimes and the techniques of crime that is being shown
in movies and shows has also led to rise in crime rates as criminals get to know new
ways of operating.
Biological Factors:
Biological theories of crimes state that whether or not people commit crimes depends
on their biological nature. Biological theories of crime assume a person’s biological
characteristics predetermine criminal behaviours. The biological characteristics that
biological theories of crime claim are associated with criminality could include factors
such as genetics, neurology, or physical constitution. These factors affect the way a
human being lives. These factors, generally, forms a very significant driving force
behind the occurrence of a crime. Biological factors plays a very important role in the
determination of the cause of crime. This factor affects the behaviour and functioning
of a human being. Biological theories of crime examples include:
o Lombroso’s atavistic form.

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 o Sheldon’s Soma types.
o Adoption and twin studies.
Economic Factors:
Economic conditions also influence criminality to a considerable extent. It has been
generally accepted that there is a strong relationship between criminality and
economic or income inequality as also between crime and unemployment. The
Marxist theory has emphasised that all human behaviour is determined by economic
factors.
Every person wishes to live a life where his basic necessities of life are fulfilled. But
inequalities in income lead to one person being rich and one very poor. This problem
has been present in the society since the inception of concept of economy came into
existence. In developing countries, this problem is more prevalent because of unstable
economy which ultimately leads to more inequalities. Under the circumstances, those
who lack self-control fall an easy prey to criminality. The employment of women and
their other outdoor activities have enhanced the opportunities for sex crime. Again,
crimes such as hoarding, undue profiteering, black-marketing, etc., are essentially an
outcome of economic changes. In such a system, each person tries to extract maximum
from others in return of the minimum from himself.
Unemployment among the youths is yet another cause of increase in crime rate. If the
energies of these young persons are properly channelized, they can surely contribute to
the national man-power development.
Ecological Factors:
Ecology is the study of people and institutions in relation to environment.
Topographical conditions also affect the incidence of crime in a particular region or
locality. For instance crimes related to customs will be more in border or coastal areas
than in other regions. Similarly criminal activities relating to illegal felling of trees and
poaching will be more in forest regions. The proponents of ecological theory attribute
social disorganisation as the main cause of criminality.
After a series of researches Enrico Ferri, the eminent Italian criminologist analysed the
crime index of his country and concluded that in the same country the crime rate
varies considerably from one region to another. Some typical crimes are more peculiar
to a particular region than other parts of the country.
The environmental features of a region affects the criminal activities of that region. In
India, the impact of ecology on crime is apparently to be seen in dacoit-infested forest
regions and ravines of Rajasthan, Madhya Pradesh and Uttar Pradesh where
opportunities for escape and detection are plenty. Similarly, pilgrim places of India are

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the breeding ground for all sorts of anti-social activities such as cheating, stealing,
exploiting, etc.
Family Background:
The institution of family is expected to cater to the basic needs of the children. It is
through the institution of family that the child unconsciously learns to adjust himself
to the environment and accepts the values of life such as respect for others,
faithfulness, trustworthiness and co-operation through his own life experiences. Lack
of parental control over children due to death, divorce or desertion of parent or their
ignorance or illness may furnish soothing ground for the children to resort to criminal
acts.
A human being tends to adopt the characteristics of situation in which that person
grows up. For instance, a boy who sees his mother being a victim of domestic
violence, and it is being normalised in his household, will most probably grow up
himself to cause domestic violence. Sutherland holds that out of all the social
processes, the family background has perhaps the greatest influence on criminal
behaviour of the offender. The reason being that children spend most of their time
with their parents and relatives within the family. Children are apt to imbibe criminal
tendencies, if they find their parents or members of the family behaving in a similar
manner.
Political Factors:
It is well known that the Parliamentarians who are law-makers of the country are also
politicians. They succeed in mobilising public opinion in the desired way through the
media of press and platform and finally enact suitable laws to support their policies.
Thus, political ideologies gain strength through legislative process thereby directly
influencing the criminal patterns in a given society. The liberalisation of abortion law,
imposition or withdrawal of prohibition laws, anti-dowry, protection of women against
domestic violence, prohibition on pre-natal sex-determination, untouchability laws etc.
are some of the examples to show as to how the concept of criminality changes with
the changed ideologies of the politicians and the government in power.
The excessive interference of politicians in executive functions of the Government
weakens the morale of the administrators as well as the police, with the result there is
spontaneous growth in crime-rate. Political leaders would tend to maintain their
political parties financially sound and at the same time ensure themselves and their
families against the uncertainties of future. This led to increasing nexus between
politicians and organised criminals. This is followed by political bureaucracy-
organised crime nexus. Once politicians get involved, they become vulnerable and

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there is continuous pressure on them to repeat the process. The ideologies of a political
party also lead to rise in criminal activities.
Cultural Factors:
The impact of modernisation, urbanisation and industrialisation in modern dynamic
society may sometimes result in social disorganisation and this may lead to culture
conflicts between different sections of society. The difference may be between old and
new values, local and imported values and traditional values and the government-
imposed values.
Religion Factors:
Religion is one of the most sensitive topics and the history of humans has been a
witness to wars that started due to religion. The changes in religious ideologies also
have a direct bearing on incidence of crime in a particular region. The declining
influence of religion in modern times has tended to leave men free to do as they like
without any restraint or fear. Consequently, they do not hesitate to resort to criminality
even for petty materialistic gains. Despite the fact that all religions speak of communal
harmony and peaceful co-existence, most wars on this earth are fought in the name of
religion.
The immigration problem which India faced during Indo-Pak partition days in 1947
serves as an interesting illustration of religious conflicts arising out of social
disorganisation.
Influence of Media:
Experience has shown that television and films have the maximum impact on the
viewers due to combined audio-visual impact. Most of serials or films shown on
television or cinema halls depict scenes of violence which adversely affect the
viewers, particularly the young boys and girls who often tend to imitate the same in
their real-life situations.
The rising incidence of juvenile delinquency is essentially the result of evil effect of
violence and vulgarism and undesirable sex exposures depicted in movies or
television. Likewise, pornographic literature also has an unwholesome influence on
the impressionable minds of the youth which generates criminality among them.
Criticism to Multi Factor Approach:
The multiple-factor approach has been criticised by scholars like Albert Cohen and
many others. Cohen mainly gave three arguments against it:

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1) The advocates of multiple-factor approach have confused a single theory with
single-factor explanations. A single theory does not necessarily explain crime in terms
of a single factor.
Theories are concerned with ‘variables’ and ‘factors’ and a single theory usually
incorporates a number of different variables. To explain crime, we need theories
which consist of logically related propositions asserting particular relationships among
a number of variables.
(2) Cohen objected to a major assumption of the multi-factor approach, namely, that
factors have intrinsic crime-producing qualities. Factors found statistically associated
with crime are often asserted to cause crime, or to be one cause among others.
Each factor is presumed to carry a fixed amount of criminogenic power. But Cohen
argues that not only the factors have no intrinsic crime-producing qualities but also
they should not be confused with causes. Causal power cannot be assumed on the
basis of a discovery that a certain factor, or combination of factors, shows a statistical
association with crime.
(3) Many, if not most, multi-factor studies talk of ‘evil causes’. The fallacious notion
is that evil consequences (crime) must have evil precedents (biological pathologies,
low IQ, pathological mental states, poor living conditions).

CLASSIFICATION OF CRIME
Ordinary &First-time offenders
Ordinary crime refers to the type of crime that is often visible in public places,
commonly known as street crime.
Ordinary crime, often referred to as street crime, is a term in criminal justice that
refers to crimes committed in public areas and often witnessed by many. They are
usually straightforward offenses that affect people’s daily lives. Both the public and
the authorities can easily detect them. Crimes like theft, robbery, assault,
and vandalism fall under this category.
The criminal justice system takes these crimes seriously. When someone commits an
ordinary crime, they can expect law enforcement to respond. After all, it’s the police’s
job to maintain public order, and ordinary crimes disrupt that order. The person
responsible can face legal consequences such as fines, community service, probation,
or even jail time, depending on the severity of the crime and their previous criminal
record.

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A first-time offender is someone who has been convicted of a crime for the first
time. First-time offenders may be eligible for alternative sentencing, such as a first-
time offender program. These programs usually require the offender to complete
certain requirements, such as counseling or drug rehabilitation. If the offender meets
the requirements, they may have their charges dismissed or their sentence reduced.
First-time offenders may face a misdemeanor or felony charge. Depending on the
charges, they may face jail or prison time, financial penalties, or other punishments if
convicted. However, first-time offenders may be more likely to receive a lenient
sentence or an alternative to prosecution. For example, in petty cases, it may be
sufficient punishment for a first-time offender to be publicly rebuked in police
court. However, court leniency is less likely for violent crimes or offenses that involve
weapons.

Habitual Offender
A habitual criminal offender, also known as a repeat offender, refers to a person who
has been previously convicted of one or more crimes in the past and is currently facing
new charges. Although many habitual offenders tend to commit the same type of
crime over and over again, a person does not necessarily have to commit the same
crime in order to be called a repeat or habitual offender.
Some common examples of crimes that habitual offenders often commit include:
 Drug crimes (e.g., possession and intent to distribute);
 Burglary;
 Robbery;
 Instances of petty theft (e.g., shoplifting);
 Assault or aggravated assault;
 Trespassing;
 Driving under the influence (“DUI”); and
 Conducting business or selling merchandise without a proper license (e.g., street
vendors).
WOMEN OFFENDERS
According to the Department of Corrections, women offenders are often young, poor,
and undereducated, and have a history of trauma and substance abuse. They are also
typically nonviolent and not a threat to the community. However, according to the

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Bureau of Justice Statistics, women account for about 1 in 7 violent offenders
described by victims, and 1 in 50 offenders committing violent sex offenses.
Women offenders may have different offending patterns than men, and may be more
likely to be convicted of certain types of offenses, such as: Cruelty to children (71%),
Fraud (34%), and Drunkenness and disorderly conduct (32%).
Violent female offenders may use violence as a way to control, and may have more
trauma symptoms than men. Women who use violence in intimate relationships may
do so in self-defense or out of fear. They may also have a pre-existing relationship
with the victim, and may use weapons infrequently or only as a form of defense.
According to Vikaspedia, about 300,000 women are arrested each year for crimes
under the Indian Penal Code (IPC) and Special and Local Laws (SLL). The majority
of women in prison are convicted of murder (37%) and dowry deaths (15%).
Women prisoners in India have historically faced discrimination, overcrowding, lack
of access to healthcare, and physical and sexual assault. However, the government has
created separate prisons for women and introduced a program to offer legal support to
women prisoners.
In addition to the above, some of the issues women prisoners face include:
 Limited space: Only 18 of India's 1,401 prisons are exclusive for women, while
the capacity of the 32 existing women jails is enough to accommodate only
6,767 prisoners
 All categories of female prisoners are lodged in the same wards and
barracks: This includes both undertrials and convicts
 Lack of gender-specific training: Matrons haven't been instructed on how to
search women
 can file complaints against the jail staff for any form of abuse or harassment
only in 10 states and 1 UT
Some of the needs of women prisoners include:
Substance abuse treatment
Skills training (coping, relationship, regulatory influence, and anger management)

Children in Conflict with Law:

The term “children in conflict with law” refers to individuals below the age of 18 who
have come into contact with the justice system due to alleged criminal activities. The

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importance of addressing the needs and rights of these young individuals is
underscored by international organisations, such as UNICEF and national legislation,
including the Juvenile Justice (Care and Protection of Children) Act, 2015 in India.
Children in Conflict with Law refers to individuals below the age of 18 who have
become involved with the justice system due to alleged criminal activities. This term
encompasses a broad spectrum of offences, ranging from minor infractions to serious
crimes. The Juvenile Justice (Care and Protection of Children) Act, 2015 in India
governs the treatment and rehabilitation of these children, emphasising a child-friendly
and holistic approach.
The focus is on protecting their rights, providing proper care, and facilitating social
reintegration. Understanding the root causes of delinquency and implementing
preventive measures are essential in addressing the multifaceted challenges faced by
children in conflict with the law.
In the Indian context, the legal framework governing children in conflict with law is
primarily embodied in the Juvenile Justice (Care and Protection of Children) Act,
2015. The Act recognises the inherent potential of every child to grow up and
contribute positively to society. It prioritises the protection, care and rehabilitation of
children who find themselves entangled in the justice system. The term “child in
conflict with law” is defined in the Act as an individual below 18 years alleged or
found to have committed an offence.
The Act adopts a holistic approach, emphasising the child’s well-being and
development. It acknowledges that certain behaviours leading to conflicts with the law
are often learned early in life and it seeks to address these issues by providing proper
care, protection and social reintegration. The Juvenile Justice Board plays a pivotal
role in adjudicating matters related to children in conflict with the law, ensuring a
child-friendly approach in its proceedings.
Types of Offences by Juvenile in Conflict with Law
The Juvenile Justice Act categorises offences committed by children into three main
types based on the severity of the crime:
 Petty Offences: These include offences for which the maximum punishment
under the Indian Penal Code or any other applicable law is imprisonment up to
three years. Examples may include minor thefts or vandalism.
 Serious Offences: Serious offences encompass those for which the punishment
under the Indian Penal Code or other laws ranges from imprisonment between
three to seven years. This category may involve crimes such as assault or
burglary.

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  Heinous Offences: Heinous offences committed by children include those for
which the minimum punishment under the Indian Penal Code or other
applicable laws is imprisonment for seven years or more. These offences may
involve severe crimes like murder or sexual assault.

White Collar Crimes

Meaning of White Collar Crime: What is it
White Collar Crimes are the crimes committed by a person of high social status and
respectability during the course of his occupation. It is a crime that is committed by
salaried professional workers or persons in business and that usually involves a form
of financial theft or fraud. The term “White Collar Crime” was defined by sociologist
Edwin Sutherland in 1939. These crimes are non-violent crimes committed by
business people through deceptive activities who are able to access large amounts of
money for the purpose of financial gain.
White Collar Crimes are committed by people who are involved in otherwise, lawful
businesses and covers a wide range of activities. The perpetrators hold respectable
positions in the communities unless their crime is discovered. The laws relating to
white-collar crimes depends upon the exact nature of the crime committed.
Types of White Collar Crimes
There are different types of white collar crimes. Some of them are as follows:
 Bank Fraud: Bank Fraud means to engage in such activities in order to defraud
a bank or using illegal means to obtain assets held by financial institutions.
 Blackmail: Blackmail means demand for money by threatening some person to
cause physical injury or exposing his secrets.
 Bribery: Bribery means offering money, goods or any gift to someone in order
to have control over his actions. It is a crime whether someone offers or accepts
a bribe.
 Computer Fraud: Computer frauds are such frauds which involve hacking or
stealing information of some other person.
 Embezzlement: When someone entrusted with money or property uses it for
his own use, it is embezzlement.
 Extortion: When a person illegally obtains someone’s property by actual or
threatened force.

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  Insider-Trading: When someone uses the confidential information to trade in
shares of publicly held corporations.
 Money-Laundering: Money Laundering means the concealment of origin of
illegally obtained money.
 Tax fraud: Tax fraud means evading tax by providing wrong information in tax
forms or illegally transferring property in order to avoid tax.

White Collar Crime is pervasive in almost all the professions and occupations in the
society. These crimes are common to the business world and Indian trade and
violation of Foreign Exchange Regulation Act and export and import laws are resorted
to make huge profits.
Causes of White-Collar Crime
The general perception is that the white collar crimes are committed because of greed
or economic instability. But these crimes are also committed because of situational
pressure or the inherent characteristic of getting more than others. However, there are
various reasons for white collar crimes.
 Not really a crime: Some offenders convince themselves that the actions
performed by them are not crimes as the acts involved does not resemble street
crimes.

Not realizable: Some people justify themselves in committing crimes as they
feel that the government regulations do not understand the practical problems of
competing in the free enterprise system.
 Lack of awareness: One of the main reason of white collar crime is the lack of
awareness of people. The nature of the crime is different from the traditional
crimes and people rarely understand it though they are the worst victims of
crime.
 Greed: Greed is another motivation of the commission of crime. Some people
think that others are also violating the laws and so it is not bad if they will do
the same.
 Necessity: Necessity is another factor of committing crimes. People commit
white collar crimes in order to satisfy their ego or support their family.

Cyber Law

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Cybercrime is a crime that involves a computer and a network. The computer may
have been used to commit the crime and in many cases, it is also the
target. Cybercrime may threaten a person or a nation’s security and financial health.
Any offenses committed against individuals or groups of individuals to harm the
reputation or cause physical or mental trauma through electronic means can be defined
as Cybercrime. Electronic means can include but are not limited to, the use of modern
telecommunication networks such as the Internet (networks including chat rooms,
emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS).
Why is Cybercrime considered a grave offense?
There are many privacy concerns surrounding cybercrime when sensitive information
is intercepted and leaked to the public, legally or otherwise. Some of that information
may include data about military deployments, internal government communications,
and even private data about high-value individuals. Cybercrime is not confined to
individuals alone. Internationally, both governmental and non-state actors engage in
cybercrimes, including espionage, financial theft, and other cross-border crimes.
Cybercrimes crossing international borders and involving the actions of at least one
nation-state is sometimes referred to as cyberwarfare.
In 2018, a study by Center for Strategic and International Studies (CSIS), in
partnership with McAfee, a leading cybersecurity firm concludes that close to $600
billion, nearly one percent of global GDP, is lost to cybercrime each year.
Candidates can check out the relevant links given below to prepare for the upcoming
exams even better-
Cyber Security National Cyber Upgrading India’s cybersecurity
Security Policy architecture
National Crime Code of Criminal Indian Penal Code (IPC) – History,
Records Bureau Procedure (CrPC) Structure & Recent Developments
(NCRB)
Laws against Cybercrime in India
Ever since the introduction of cyber laws in India, the Information Technology Act (IT
Act) 2000 covers different types of crimes under cyber law in India. The following
types of cybercrimes are covered under the IT Act 2000.
 Identity theft – Identity theft is defined as theft of personnel information of an
individual to avail financial services or steal the financial assets themselves.

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  Cyberterrorism – Cyberterrorism is committed with the purpose of causing
grievous harm or extortion of any kind subjected towards a person, groups of
individuals, or governments.
 Cyberbullying – Cyberbullying is the act of intimidating, harassment,
defaming, or any other form of mental degradation through the use of electronic
means or modes such as social media.
 Hacking – Access of information through fraudulent or unethical means is
known as hacking. This is the most common form of cybercrime know to the
general public.
 Defamation – While every individual has his or her right to speech on internet
platforms as well, but if their statements cross a line and harm the reputation of
any individual or organization, then they can be charged with the Defamation
Law.
 Trade Secrets – Internet organization spends a lot of their time and money in
developing software, applications, and tools and rely on Cyber Laws to protect
their data and trade secrets against theft; doing which is a punishable offense.
 Freedom of Speech – When it comes to the internet, there is a very thin line
between freedom of speech and being a cyber-offender. As freedom of speech
enables individuals to speak their mind, cyber law refrains obscenity and
crassness over the web.
 Harassment and Stalking – Harassment and stalking are prohibited over
internet platforms as well. Cyber laws protect the victims and prosecute the
offender against this offense.
IT Act, 2000 went through amendments under the Indian Penal Code in the year 2008.
These were made in light of the laws on cybercrime – IT Act, 2000 by way of the IT
Act, 2008. They were enforced at the beginning of 2009 to strengthen the
cybersecurity laws.

Theories of punishment
Punishment is the most prominent feature of criminal law. Every society has its own
way of social control for which it frames certain laws and also mentions the deterrents
attached to them. Punishment is the consequence of an unpleasant act that the
wrongdoer commits. Simply put, the fundamental aim of punishment is to give relief
to the aggrieved party and to maintain law and order in society. Punishment can also
be termed as the imposition of some form of deprivation by withholding rights that a

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person is legally entitled to. This article aims to bring to its readers a simple
explanation of the theories of punishment that helps the criminal justice system
function from time to time.
An insight of theories of punishment
Theories of punishment generally contain policies regarding the handling of crimes
and criminals. The theory of punishment deals with the principles on the basis of
which punishment is to be given to the offender, with the object of safeguarding a
society deprived of law and order. There are four types of theories of punishment.
1. Deterrent theory.
2. Retributive theory.
3. Preventive theory.
4. Reformative theory.

Deterrent theory of punishment

The founder of this theory is Jeremy Benrhem, and this theory is based on
the principle of hedonism which says that a man would be deterred from committing a
crime if the punishment applied was swift, certain, and severe.
This theory focuses on deterring offenders from criminality or repeating the same
crime in the future. This theory is a lesson to members of society who experience the
consequences of that crime. It creates fear of punishment in like-minded people.
There should be a nexus between the crime committed and the punishment inflicted
for that. While deciding on the punishment, the following should be taken into
consideration;
1) The seriousness of the crime – Punishment should be given according to the
seriousness of the crime committed, for e.g one can’t award a death sentence for
pickpocketing.
2) The gravity of crime – The consequences of the punishment inflicted have to be
taken into consideration alongside taking into account the victim’s satisfaction
concerning the same. For e.g, if Mr.X is murdered by Mr.Y then if Mr.Y is giving
one-time compensation of Rs.5 lakhs to X’s family, is it sufficient if he is the only
bread earner of the family?

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3) Impact on the general public – It is most important to consider what will be the
effect of that punishment in the minds of the general public. Are they taking lessons
from that? For example, traffic police are collecting fines for not wearing helmets, but
do people follow this rule? Are they really serious about fines and rules?
In the case of the State of H.P.v. Nirmala Devi (2017), the court of law had opined that
if the crime done is heinous and serious against society then the deterrent theory
becomes more relevant, for those guilty will be punished to deter other prospective
offenders.
Criticism of deterrence theory
1. Though this theory intends to deter people from committing crimes or repeating
the same crime, it has failed to serve its purpose. It has proved ineffective in
checking crimes and the fact that excessive harshness of punishment tends to
defeat its purpose by arousing the public’s sympathy towards those who are
subjected to such punishment.
2. Punishment loses its essence once the criminal is punished. For example, in the
Delhi gang rape case, familiarly known as the Nirbhaya case, all 4 accused were
hanged for their heinous crime but the offence of rape continues to happen.
Thus the question as to whether the deterrent theory of punishment serves its
purpose remains arising in people’s minds.
3. It does not give a chance to reform the accused.
Retributive theory of punishment
This theory is based on the famous saying that a ‘Tit for Tat’, ‘ Eye for Eye’ or’ Teeth
for Teeth’. The main motive of this theory is to inflict a similar amount of pain
endured by the aggrieved party because of the offender’s activity. Put simply, it can be
said that every punishment is retributive to a certain extent for the purpose of
punishment itself is to restore peace and harmony in society. This theory is harsher
than other theories.
Owing to humanitarian grounds, this theory of punishment is not much on the
favourable side for it causes harm to the accused in a greater way. Therefore, the most
important thing to consider while awarding punishment is the balance between the
aggravating and the mitigating factors involved in the offence committed.
Criticism of the retributive theory
As per the development of society, this type of punishment was banned due to the
following criticism.

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 1. It is difficult to determine the proportion of pain or revenge in this type of
punishment, meaning to what and to what extent the pain should be returned.
2. The entire natural justice principle will collapse if everyone takes revenge on
each other according to their hate and the injury caused.
Preventive theory of punishment
Unlike other theories, this theory aims to prevent crime rather than take revenge. This
theory is also called the disablement theory. Put simply, we can understand the nature
of this theory with a simple example: when we were in school, our teachers used to
make the mischievous students stand out of the classroom, for disturbing the whole
class. This punishment by the teacher prevents other students from disturbing the class
due to fear of punishment. In the same way, this theory talks about eliminating the
accused from society to prevent the repetition of his crime again. By preventing those
criminals, society protects itself against anti-social order in general. Prevention of
these criminals can be done by giving them death punishment or life imprisonment.
Separation of these criminals from society prevents other prospective offenders from
committing crimes.
In the case of Sunil Batra v. Delhi Administration (1978), the court of law observed
that if the prisoner is violent or dangerous, solitary confinement is necessary to
prevent and segregate these offenders from society, thereby abiding by the retributive
theory of punishment.
Criticism surrounding the retributive theory of punishment
While the retributive theory promotes the dissertation of the offender, the same has
severe consequences and difficulties inflicted upon the accused. It is ideal to note that
the concept of morality being subjective by its very nature makes it difficult to deliver
punishments for crimes committed. Therefore, the immorality of crimes needs to be
comparable.
Reformative theory of punishment
The name of this theory itself implies what its nature has to say. This theory helps to
reform criminals, thereby transforming them into law-abiding citizens. Nobody is
indeed a criminal by birth, crimes sometimes happen accidentally or situationally. In
this case, the offender should get another chance to rectify his mistake. For this, there
is the facility of correctional homes, juvenile homes, training schools, and
reformatories. The main object of this theory is the rehabilitation of inmates.
It was the case of Dharambir v. State of Uttar Pradesh (1979), which became the
initiation of the concept of open jails in India which generally helps in reforming
young offenders. Further, the Supreme Court of India, while deciding the case

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of Musa Khan v. State of Maharashtra (1976), had observed that the reformative
system prevented juveniles from becoming hardened criminals.

Criticism surrounding the reformative theory of punishment

1. This theory only works for juvenile and first-time offenders and not for
hardened criminals who have committed multiple crimes.
2. The reformative theory of punishment is sometimes considered not justifiable
for the aggrieved party subjected to prejudice by the offender.

Kinds of Punishment
The object of punishment is to protect society from disobedient and undesirable
elements by deterring potential offenders, by proving the actual offenders from
committing further offences and by reforming and turning them into law-abiding
citizens
Sec 53 of the Indian Penal Code, 1860 prescribes 5 kinds of punishments.
1. Death Penalty
2. Life imprisonment
3. Imprisonment
1. Rigorous
2. Simple
4. Forfeiture of property
5. Fine
Considering the above punishments, the courts are supposed to follow the procedures
and provisions which are prescribed under other adjective and substantive laws.
As per the scheme of the Code the maximum punishment is prescribed, leaving the
minimum to the discretion of the Judge. The Judge has all the means to form an
opinion on the sentence which would meet the end of justice in a particular case. If the
offence is grave in nature then the Code had prescribed the maximum and the
minimum duration of the punishment.
1. Death Penalty

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Death penalty is also called the capital punishment. Under this punishment, a person is
hanged till he dies. The infliction of death sentence or taking away the offenders life
by authority as a punishment for an offence is capital punishment or death penalty. In
India it is awarded in rarest of rare cases.
The provisions under which the death penalty is given as punishment under IPC are as
follows:
 Section 115– Abetment for an offence punishable with death or imprisonment
for life (if offence not committed);
 Section 118– Concealing design to commit an offence punishable with death or
imprisonment for life.
 Section 121– When armed rebellion (i.e. waging, abetting to waging of war or
attempting to wage war) is made against the constitutionally and legally
established government;
 Section 132– Uprising, supporting and encouraging the formation of the
mutinous group of people in the nations armed forces;
 Section 194 With the intent to obtain a death sentence to an innocent by
presenting concocted vexatious proof;
 Section 302– Causing murder of another;
 Section 305– Abetting suicide to an insane or minor person;
 Section 303– When a life convict person murders another person;
 Section 396– Causing dacoity with murder;
 Section 364A– Kidnapping;
 Section 376A (as per the Criminal Law Amendment Act, 2013)- Rape
Some other Acts under which the death penalty covered as punishment are:
1. Section 4, part II of the Prevention of Sati Act- Abetting or aiding an act of sati.
2. Section 31A of the Narcotic Drugs and Psychotropic Substances Act- Drug
trafficking in cases of repeat offences.
However, the death penalty as a punishment is an exception to certain persons like
intellectually disabled, pregnant women and minors.
Case Laws

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Bachan Singh Vs the State of Punjab (AIR 1980 SC 898,1980)
Upheld the validity of the death penalty, but the court restricted the provision of the
death penalty in rarest of rare cases only. If the case falls under this theory, then
capital punishment may be given.

Jagmohan Singh Vs State of Uttar Pradesh (1973 AIR 947,1973 SCR (2)541)
The death penalty is unconstitutional and hence invalid as a punishment. The Supreme
Court held the death penalty as valid. It held that deprivation of life is constitutionally
lawful if that is done according to the procedure set by law.
2. Life Imprisonment
“Imprisonment means, at minimum, the loss of liberty and autonomy, as well as many
material comforts, personal security, and access to heterosexual relations.”
The words imprisonment for life was substituted for transportation for life by Act
XXVI of 1955.In its ordinary connotation imprisonment for life means imprisonment
for the whole of the remaining life period of the convicted person’s natural life.
According to Sec57 imprisonment for life shall be reckoned as equivalent to
imprisonment for 20 year’s. But only for calculating fractions of terms of punishment
imprisonment for life shall be reckoned as equivalent to imprisonment for 20yrs. But
otherwise the sentence of imprisonment for life is of indefinite duration.
Case Law
1. Bhagirath And Ors Vs.Delhi Administration (1985 AIR 1050)
The supreme court of India defined imprisonment for life as imprisonment for
the remainder of the natural life of the convict. If life imprisonment is given to a
person, he shall stay in the prison for a minimum of 14 years and the maximum
is the rest of his life.

2. Naib Singh V.State of Punjab And Ors. (AIR 1986 SC 2192)

The supreme court of India cleared the confusion with the duration of life
imprisonment and section 55 of IPC. The court held that a life convict cannot
claim for his release after serving 14 years in prison. Life imprisonment
continues until the death of the prisoner. The only exception to this is
commutation and remission.
3. In the case of Duryodhan Rout Vs. State of Orissa (2014), the Apex Court
clearly stated that reading Section 55 of the Code and Section 433 and 433 A of
Cr.P.C, life imprisonment is not confined to 14 years of imprisonment, only the
appropriate government can commute the life imprisonment of the prisoner

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3. Imprisonment –
It refers to the confinement of a convict in a place used to detain persons convicted of
crimes. The IPC recognizes two forms of imprisonment, namely:
1. Rigorous and
2. simple. Rigorous imprisonment involves putting the convict to hard labor such
as grinding corn, digging the earth, drawing water, cutting wood, bowing wool,
making furniture, etc. whereas a convict is not put to any work in case of simple
imprisonment.
The Supreme Court in State of Gujarat vs Hon’ble High Court of Gujarat
clarified that the prisoners who are put to hard labor should necessarily the paid
minimum wages for the work extracted. It has also been noted by the Supreme
Court that S.53-fourthly mandates the jail authorities to impose hard labor on
the convict sentenced to rigorous imprisonment. In the course of doing so, the
jail official cannot be said to have been committing any offense under section
374 IPC. This will not, however, be applicable in cases where the accused is
awarded simple imprisonment or detained under preventive detention laws or
under trial prisoners.
4.Forfeiture of Property
Under this punishment, the government seizes all the property or assets of the
convicted. The seized property or asset may be movable or immovable. Forfeiture of
property as punishment is for offences under section 126 and section 127.
In two provisions the forfeiture of the property has been abolished:
1. Under Section 126 for committing depredation on territories of power at peace
with government of India.
2. Under Section 127 for receiving property taken during war or depredation
mentioned in section 126 of IPC
Solitary Confinement
Solitary confinement means keeping the convict isolated and away from any
interaction with the world. It comes under Section 73 of the Indian Penal Code.
5. Fine –
It means forfeiting money as a form of penalty. This form of punishment has been
considered valid on the ground of its universality; however, the fine imposed should
be proportionate to the offense committed because it not only affects the convict but
also his dependents. Under IPC, a fine can be imposed as the sole punishment or an

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alternative punishment or for a limited amount or unlimited amount. Judges have
broad discretion while quantifying the fine to be imposed, especially where the
provision makes no stipulation as to the amount of fine. Courts being the
administrators of justice, it is expected of them that the fines imposed should be fair,
just, reasonable, and not excessive. The fine imposed should be within the convict’s
capacity to pay but he must feel the pinch in paying it. The imposition of a sentence of
fine should be on an individual basis and not collectively. Various cases of non-
payment of fine and its various forms have been dealt with under Ss. 64-69 IPC.
Case Law
 Palaniappa Gounder Vs. State of Tamilnadu (1977 AIR 1323)
The apex court stated that the sentence given by the court shall be proportionate
to the nature of the offence which includes the sentence of fine. And the
punishment shall not be unduly excessive.

Treatment or Correction of Offenders

Punishment as a means to reform the offender was not considered as such during
Hindu and Mughal period in India. During this period punishment was mainly based
on deterrence. The recognized modes of punishment were death sentence, hanging,
whipping, flogging, branding or starving to death. Prisons were considered to be
places of torture. Treatment of prisoners was inhuman.

Prison reforms started in India from the British era. They made tremendous efforts for
the reformation of Indian prisons and prisoners. They introduced radical changes in
the then existing prison system. Sole purpose of sending a criminal to prison is to
transform him into an honest and law abiding citizen. Jail enquiry committees in 1836
and 1862 expressed concern for the insanitary conditions of Indian prisons which
resulted in deaths of the inmates.

As a result of the recommendations the three enquiry committees the Prison Act 1894
was enacted. It provided for better prison administration and the act provided for
classification of prisoners and the sentence of whipping was abolished. Emphasis was
also laid on safe custody of prisoners and under-trials but also on their reformation and
rehabilitation in the society.

After independence a committee was for under Dr. W.C. Reckless, a technical expert
of the United Nations on crime prevention and treatment of offenders, to make
recommendations on prison reforms in 1951.

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Some guidelines issued were:
1. Correctional measures should form an integral part of the Home Department of
each State.
2. Probation and Parole should be used to reduce burden on prisons.
3. State jail manuals should be revised periodically.
Why do we need corrective measures?
A person is not a born criminal. It is due to his association with bad company that
often leads him into trouble. A person is always capable of reforming provided he sees
his release in the society as a reward for it. If no such temptation is provided to
accused persons, he will never try to reform himself and always languish in jails.

This often leads to overcrowding of prisons and serious health issues arise in the
prisons. It is to be noted that the corrective methods are required for the accused
persons and not for under-trials. A mechanism has to be prepared for separating under
trials from convicts. Due to various corrective measures a convict can be reformed and
be released in the society because it is always better to reform a convict than to punish
a person who is already repenting for his wrongdoing. It is ultimately the fight against
crime and not criminals.
Various corrective measures in India
Various corrective measures we have in India are open prisons, concept of parole,
probation, prison labour etc.

Education in prisons are also provided for example:

Fundamental academic education designed to provide the intellectual tools needed in
study and training, and in everyday life
Vocational education, designed to give training for an occupation.
Health education
Cultural education
Social education.

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Service of educated inmates also provided a helpful hand to the prison authorities as
well as to the society. After being released , they actively participate in the economic
progress of the society. They prove to be useful subjects of the society.
Open prisons play an important role in the reformation of prisoners. Besides being less
costly open prisons provide an advantage to the Government to utilize the capabilities
of the inmates to a great extent. The monetary returns are positive and once put into
operation, the open jails acquire financial self-sufficiency. Open prisons are also
helpful in reducing the overcrowding of the prisons which is urgently required in the
case of Indian prisons. Appreciating the concept of open prisons in India the Supreme
court in the case of Ramamurthy v. State of Karnataka[1]held that: though open-air
prisons, create their own problems which are basically of management, we are sure
that these problems are not such which cannot be sorted out. For the greater good of
the society, which consists in seeing that the inmates of a jail come out, not as a
hardened criminal but as a reformed person, no managerial problem is insurmountable.
So let more and more open air prisons be opened. To start with, this may be done at all
the District Headquarters of the country.

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