CRIMINOLOGY, PENOLOGY & VICTIMOLOGY-I

Faculty of Law
University of Lucknow
Lucknow

Content Prepared by:

Himanshu Priyadarshi
Ph.D, Lucknow University

Disclaimer: This content is solely for the purpose of e-learning by students and any commercial
use is not permitted. The author does not claim originality of the content and it is based on the
following references.
 Unit I

CRIMINOLOGY: NATURE & SCOPE

CRIMINAL LAW

➢ The term criminal law is defined as a body of rules regarding human conduct which have
been promulgated by political authority and applied uniformly to all members of the
classes of people and are enforced by punishment administered by the state.
➢ The characteristics of criminal law are as follows

1. Politicality - It is a necessary element in criminal law. The rules made by the state only
can be said to be a criminal law because the violation of such rules are crimes which can
be punishable.
2. Specificity - Criminal law generally gives a definition of specific act if there arises a
doubt in the mind of the judge as to whether the definitions describe the behavior of a
particular accused.
3. Penal sanction- This element of the criminal law refers to the notion that the violation of
rules shall be punishable by the state.

CRIMINOLOGY

➢ The term criminology was coined in 1885 by Italian law professor Raffaele Garofalo as
criminologia.
➢ Criminology is the branch of sociology which deals with scientific study of crime as a
social phenomena. It includes the process of making laws, of violating laws and the
reaction towards the breaking of laws.

Definition of criminology

• Webster- Criminology is the scientific study of crime and criminals.

 • Sutherland- According to him criminology is the body of knowledge regarding crime as
a social phenomenon.
• Michael and Adler - Criminology is the study of criminal behavior.

Nature and scope of criminology

➢ Criminology as a subject is not complete without covering the field of sociology, social
work, history, economics, education, common medicine, biology and religion common
law and ethics etc.
➢ According to Wolfgang criminology should be considered as an autonomous separate
discipline of knowledge because it has accumulated its own set of organised data and
theoretical conceptualism that use the scientific method.
➢ It is very difficult to confine the scope of criminology however me we may simply refer
various spheres included in the study of criminology.
➢ According to the Sutherland the scope of criminology is as follows first the sociology of
law, second criminal etiology and third penology.
➢ According to Elliot and Merrill the scope of criminology includes the following

1. Nature of crime
2. Causes of criminal behaviour
3. Case study of criminals
4. Treatment and punishment of criminals.

GENERAL APPROACHES TO ORGANIZED CRIME.

Organized crime has been defined by Lindesmith as the crime that involves cooperation of
several persons or groups for its successful execution.

Characteristics of the Organized crime

➢ Number of members- The number of persons in an organized crime are always more than
one. The number of persons of course, depends upon the nature of crime to be
committed.
 ➢ Division of work- Every member of group is assigned a particular work which he does
under the strict discipline of his leader. In other words the division of work clearly the
demarcate the specific duty of each member.
➢ Planned Manner- A proper plan is meant by the group of criminals before the
commission of a particular crime. Then the crime is committed systematically in
passwords of such plan.
➢ Unchallenged leadership - A group formed for the commission of an organized crime is
headed by a leader acceptable to all members. The obedience of the order of leader is
must and any violation or disrespects towards him liable a member of for hard
punishment.
➢ Secrecy- When a crime is committed in an organized form it is kept top confidential.
Every member of the group keeps knowledge about such crime within himself only. If
any member opens the secrecy is punished.

Kinds of organized crime

1. Predatory crime - These are those crimes which are committed by two or more person
for their own gain including the monetary one, without any benefit to others. In this there
is no element of Quid Pro quo. Theft, Dacoity, rape, robbery, counterfeiting of coins
kidnapping, pick pocketing are common predatory crime.
2. Racketeering- Racketeering is an organized activity to extort the money by the threat to
use the force or to obtain the money by deceitful means. The racketeers realize the money
from the persons doing such business like sale of adulterated commodities and drugs,
liquor trafficking, prostitution etc.
3. Syndicate crime- These are the crimes of providing illegal goods or services by an
organised criminal gang which are termed as Mafia. They operate from their headquarters
which has a boss. Many agents and employees work ok for the Syndicate but they are not
the part of the structure. They are engaged in the business like supplying of illegal drugs,
liquors etc.
Organized crimes in India

Followings are the main organized crime in India

➢ Smuggling- It is one of the main form of organized crime. It is done by gang of big
number of person at a large scale. Generally it is committed at sea shores or harbours.
They are rarely caught by police or customs due to their powerful means and sources.
➢ Theft - The group of thieves are generally headed by a leader under whose guidance and
direction the offence of theft is committed in a preplanned manner.
➢ Gambling - It is done by number of person at a specific place under the control and
patronage of the defamed criminals.
➢ Fraud- Some gang of criminals commit fraud by taking the confidence of innocent
person . The leadership of such gang are generally done by the person having high
reputation in the society.
➢ Dacoity - It is the most evil and heinous organised crime. Many illegal acts are done in
the dacoity by the gang of the dacoits. Some illegal act are committed by the gang are
setting fire, illegal taking away of money, ornaments and goods and committing Murder
in the house etc.

WHITE COLLAR CRIME

➢ It is one of the forms of crime which is done by people belonging to upper socio
economic group during the course of their profession.
➢ As it considers as economic crime, it causes great financial loss to the society.
➢ The offenders of White collar crime never caught red handed because they belong from
high social group.
➢ Sutherland defines white collar crime as an act committed by a person of respectability
and high status in the course of his occupation.

Causes White Collar crime

 Earn more
Profit

Misuse Of Absence Of
White Collar
Post Or Suitable
Crime
Position Law

Passive
Attitude Of
Government

Effect of White Collar crime

It is more dangerous than robbery, theft and burglaries because it causes huge financial loss and
damage to public morals. Following are the some important evil effect of White collar crimes

➢ Economic disbalance.
➢ Destruction of morals of future generation
➢ Loss to the government

CORRUPTION IN PUBLIC LIFE

➢ Corruption is defined as misuse of power and authority by public functionary for private
advantage which need not be monetary only.
➢ Corruption has affected the whole public life.
➢ The politicians, administrative officers, Financial Institutions all are affected with this
disease.
Kinds of Corruptions

1. Political corruption- It is the most pervasive corruption in Indian democracy. The

elections are contested on the power of muscle, money and caste bias. All kinds of means
are resorted to in election. Money and article are distributed to the people to win the
favour of electorates.
2. Administrative corruption- Illegal gratification is a means for an act you get done by any
person has to to get his work done buy administrative officer he has to pay some amount
as a bribe, it is very common now a days.
3. Social corruption- It is embedded in the social system one of the greatest social
corruption is exploitation by one to another class due to some historical reasons. Due to
the poverty and need of money people become ready to work on the less wages which is
not sufficient to support their lives along with the family members whereas the employers
by exploiting them become more rich.
4. Individual Corruption- It is the immoral activities by the particular individual.
5. Economic corruption - The corruption like tax evasion my big Industrialist news off non
standard material in public construction and misleading advertisements bike companies
are the examples of economic corruption.

Measures to
Causes of
Prevent
Corruption Corruption

Undue Moral
greed Teaching

Political
Favoritism reform

Lack of
Proper
adequate enforceme
punishment nt of laws
Independent
Degradation in
corruption
democratic
values prevention
institutions
SOCIO-ECONOMIC CRIME

• Socio economic crimes are those social crimes which affect the health and morals of
public and are punishable under the special laws of crimes.
• Socio- economic crimes are many a time used as a synonym for white collar crimes. But
extensive study states that the former is a broader term. White collar crimes are the
crimes committed by people belonging to upper caste and rich backgrounds whereas
socio-economic offences are committed by anybody. For e.g., a big wealthy entrepreneur
or a multi-national company, guilty for tax evasion and a middle class pensioner
depositing false return. Both are examples of socio-economic crimes, but only the former
can be considered as a white collar crime.

ADULTERATION OF FOODS AND DRUGS

Adulteration refers to failing of legal standard by the food products. One of the form of
adulteration is adding one substance to another food item in order to increase the quantity of
food.

THE SITUATIONAL CRIME

According to situation crime prevention crime is the result of interaction between disposition and
situations. Offenders choose to commit crime based on their perceptions of available
opportunities. Consequently, situational factors can stimulate crime and addressing these factors
can reduce crime. Situational crime prevention focuses on very specific categories of crime or
disorder, and takes particular note of crime concentrations. Understanding how crimes are
committed is critically important to situational crime prevention. It uses an action-research
model and demands considering numerous possible alternative solutions. Situational crime
prevention has been widely used across the globe and has been applied to minor deviance (e.g.,
littering), standard crimes (e.g., burglary and robbery), and to extremely serious crime (e.g.,
international terrorism and maritime piracy).

THE HABITUAL OFFENDER

Habitual offenders are the offenders who commit crime repeatedly. They are often called as
repeated offenders or career criminals.

YOUNG OFFENDER

Young offender refers to young person who has been convicted for the criminal wrong. There are
many reasons because of which a young person commits a crime in the society. Lack of
sufficient or mature understanding towards a particular crime leads to commit a crime by young
person. Criminal justice system also treat young offender different from adult offenders. The
criminal responsibility of young offenders in different countries is different depending on the age
group of young offender.

Unit II

Schools of Criminology

1. Pre classical School- Demnological theory

o This is pre-scientific school. This school was propounded during 17th and 18th
century when religion was dominant in the society.
o According to this school all crimes are done due to influence of evil spirit or
demon.
o The monarch was treated as divine power on the earth and criminals were
regarded as a depraved person deserving deterrent punishment.
2. The classical School - Free will theory
o Beccaria, Bentham and Romilley are pioneers of the Classical School.
o According to this school all men are self seeking and therefore they tempt to
commit the offence.
o Domain tenets of classical School are noted below
➢ Crime is an act of individual and not his intent.
➢ Prevention of crime are more important than punishment.
➢ Criminal law is primarily based on positive sanction.
3. The Neo Classical School-
 o It is emerged as a reaction against the classical School.
o This school does not differentiate between criminals and award the same
punishment to them whether they are first offenders or residivists.
o The main propounders of this school are Rossy, Gerrand and Jolly.
o This school is also based on the free will of the people guided by the reason and
self interest.
o According to this school the pain from the punishment must be such as to
outweigh the pleasure derived from the offence.

4. Typological School

a. Positivist or Lombrosian or Italian School- Organic deficiency theory

o The neo classical approach rendered the ground for another approach regarding the
crime and the criminal.
o Under the influence of Darwin's theory the origin of the species, the scientific method to
explore the secret of nature was extended to the human behaviour.
o The abandonment of the theory of free will and the closer investigation of the attributes
of the offender was the result of it.

Cesare Lombroso

o He is termed as father of modern criminology and famous for or biological positivism.

o His theory is called as theory of born criminals or physical criminal type.
o According to him criminals have certain physical traits and they are characterized by
certain stigma.

Enrico Ferri

o He accepted the view of Lombroso and give emphasis on Environment also.

o He described the crime as the synthetic product of physical or geographical,
anthropological and psychological and social factors.
 o In his own words "As a given number of water at a definite temperature will dissolved a
fixed quantity of chemical substance and not an atom more or less, so in a given social
environment with definite individual and physical conditions, a fixed number of delicts,
no more and no less, can be committed.

Earnest A Hooton

o He emphasized that the physical and racial factors plays important role in the crime.
o Criminals have inferior physical composition and thus they differ from non criminals.
o According to him the "criminal stock" needs to be eliminated.

William H Sheldon

He classified three classes of persons according to which their personalities and potentialities
can be predicted. They are as follows.

o Endomorphic- They have soft roundness throughout the various regions of body, small
bones and soft smooth skins etc.
o Mesomorphic- They have predominant muscles, bones and connective tissues, heavy
chest, wrist and hands.
o Ectomorphic- They have linear fragile and delicate body, small delicate bones, small
faces, fine hair etc.
b. Multi mental deficiency theory

This theory focuses on the question that whether the criminal act could be imputed to a man
who was incapable of knowing the intent or consequences of the act. According to medical
science he should not be held liable.

c. Psychiatric School

o The abnormality of mind may occur due to physical and psychological reasons. The
physical reasons may be brought about by diseases or poisonous products in this system
etc.
o According to Darlington, the criminal career of a weak minded person will stop if he
marries a strong minded non criminal wife.
5. Geographical, topographical or Cartological School

o According to geographical School the climate and topography affect human behaviour
very much.
o Montesquieu said that criminality was more near to the equator and drunkenness more
near the poles.
o Frederick Fashor in his work the gang made the study of gangs in Chicago. The gangs
were more effective near the factories and rail roads. This area was described by him as
geographically and socially interestitial area.

6. Sociological School

o This school explains the causes of crime on the basis of environmental factors.
o Like the variations in the age, sex, race and nativity crime rates also vary in different
cultural area of the earth.
o In a particular nation crime rates generally vary from one region to another. Certain
towns and cities have been noted for high crime rates.
o Further it has been noted in several studies that delinquency rates are higher in urban
areas then rural areas. The high rates of crime in urban areas is due to environmental
influence.
o According to to Sutherland crime is always a personal situation complex. To him
criminal behaviour is learnt in interaction with the other people. Criminals are neither
born nor they inherited criminality. It is the environment which creates criminals.

LOMBROSO

➢ He is described as the father of Modern Criminology.

➢ Cesare Lombroso's theory of the 'born criminal' dominated thinking about criminal
behaviour in the late 19th and early 20th century.
➢ Believing essentially that criminality was inherited and that criminals could be identified
by physical attributes such as hawk-like noses and bloodshot eyes.
➢ He was one of the first people in history to use Scientific methods to study crime.
 ➢ He believed that criminality was inherited and that criminals could be identified by
physical defects that confirmed them as being atavistic or savage. A thief, for example,
could be identified by his expressive face, manual dexterity, and small, wandering eyes.
➢ Habitual murderers meanwhile had cold, glassy stares, bloodshot eyes and big hawk-like
noses, and rapists had ‘jug ears’.
➢ Lombroso did not, however, confine his views to male criminals – he co-wrote his first
book to examine the causes of female crime, and concluded, among other things, that
female criminals were far more ruthless than male; tended to be lustful and immodest;
were shorter and more wrinkled; and had darker hair and smaller skulls than ‘normal’
women.

HEREDITY AS A CAUSE OF CRIME

o Lombroso an anthropologist through his biological research established correlation

between between heredity of criminal and his criminogenic tendency.
o He asserted that there are certain criminals who imbibe criminality by birth.
o They are called as atavists and these atavistic tendency is due to hereditary influence.
Psychologist explain crime in terms of personality deviation.
o Goring, Healy, Scheldon and Glueck on heredity studied the crime causation factor and
indicate that it is difficult to establish correlation between heredity and criminal behavior
as it is impossible to isolate heredity factor from other environmental factor.
o In India tribal offences committed in adivasi and tribal areas due to superstitious belief in
witchcraft, sexual indulgence and intoxication specially in festive seasons. So it is not
correct to attribute criminality in tribals to hereditary factor.

MENTAL RETARDATION

o Mental retardation is an intellectual functioning of brain resulting in deficit adaptive

behaviour and feeble mindedness.
o Feeble minded person commit a crime for two reasons
➢ Due to lack of sufficient intelligence to appreciate why people obey law
 ➢ They are unable to control their emotions and foresee the consequence of violating
laws.

o Term mental disorder refers to mental abnormality. Mental illness or Insanity is taken
into account while determining criminal liability.
o The rules recognizing the defence of insanity in criminal law were first laid down in the
historic judgment of M Naughten case.
o In India insanity has been accepted as defense to charge of crime under Indian Penal
Code.
o Section 84 give immunity to a person who by reason of unsoundness of mind is enable to
know the nature of the act or is unable to know that what he is doing is either wrong or
contrary to law.

SOCIOLOGICAL THEORIES ANOMIES

Emile Durkheim Anomie theory

• Durkheim’s anomie theory describes the effects of the social division of labor developing
in early industrialism and the rising suicide rate. Accordingly, in times of social upheaval,
“collective consciousness” is weakened and previous norms, moral convictions and
controls dwindle.
• Durkheim notes that crime has an ubiquitous character, i.e. there was and is no society in
which there were no deviations from the norm. In this respect, crime should not initially
be understood as a social pathology – in the sense of a fundamental disturbance of the
social. On the contrary, crime in modern societies characterized by the division of labor
and has a function of clarifying the norms.
• Only through the deviation itself and the sanctioning of the breach of the norm does the
validity of the norm become visible to all members of society and confirm its validity.
Criminality is therefore functional in a society based on the division of labour and affirms
collective consciousness.
• Only an excess of crime is an indication of a lack of observance of social rules and a
dwindling collective consciousness.
 • If deviation in society becomes the rule and hedonistic-egoistic action as well as human
instincts take over, there is the danger of an anomie.

Robert K. Merton’s anomie theory

• The basic idea of Robert K. Merton’s anomie theory is that most people strive to achieve
culturally recognized goals. A state of anomie develops when access to these goals is
blocked to entire groups of people or individuals. The result is a deviant behaviour
characterized by rebellion, retreat, ritualism, innovation, and/or conformity. Crime results
predominantly from innovation.
• Merton’s anomie theory was published in 1938, but due to the unawakened social interest
it represented a so-called “sleep theory”. Only the renewed publication in the year 1954
provided for public interest.
• Merton refines Durkheim’s remarks by describing the missing social rules that lead to
anomie and linking them to the aspect of the value-medium discrepancy.
• Anomic conditions are no longer seen in the gap between needs and satisfaction, but in
the discrepancy between goals and means.
• This discrepancy between goals and means varies from class to class, but is possible in all
strata. The discrepancy results in a disorientation of the individual and causes
psychological stress as well as social conflicts. The focus of his interest is not the
deviation of individuals (micro level), but the search for the explanation of different
deviation rates of different societies and groups (macro level).
• In order to be able to cope with this pressure, individual recourse is made to one of the
following 5 behavioral patterns
 Conformity • Acceptance of cultural goals and adaptation to
social change.

Innovation • Acceptance of cultural goals, non-recognition

of legal means to achieve the goals.

Ritualism • Lowering / abandoning the cultural goals and

maintaining legal means to achieve them.

Retreatism • Rejection of cultural goals and legal means

Rebellion • Combating the objectives and the means to

change social structures.

According to Merton, people from lower social strata tend to resort to such means because they
have fewer opportunities than higher strata to achieve cultural goals.

MODERN SOCIOLOGICAL THEORIES:

SUTHERLAND’S DIFFERENTIAL ASSOCIATION THEORY,

➢ In criminology, differential association is a theory developed by Edwin Sutherland (1883-

1950) proposing that through interaction with others, individuals learn the values,
attitudes, techniques, and motives for criminal behaviour.
➢ This theory focuses on how individuals learn to become criminals, but it does not concern
itself with why they become criminals.
➢ Differential association predicts that an individual will choose the criminal path when the
balance of definitions for law-breaking exceeds those for law-abiding.
➢ This tendency will be reinforced if social association provides active people in the
person's life..
 ➢ Sutherland proposed differential association theory in 1939 and elaborated it in 1947.
Initially, he applied his theory only to systematic criminal behaviour, but, later on,
extending his theory, he applied it to all criminal behaviour.
➢ Sutherland forwarded mainly two explanations for criminal behaviour: situational and
genetic or historical.

Sutherlands 9 Points:

The principles of Sutherlands theory of differential association can be summarized into nine key
points.

1. Criminal behaviour is learned.

2. Criminal behaviour is learned in interaction with other persons in a process of
communication.
3. The principal part of the learning of criminal behaviour occurs within intimate
personal groups.
4. When criminal behaviour is learned, the learning includes techniques of
committing the crime (which are sometimes very complicated, sometimes simple)
and the specific direction of motives, drives, rationalizations, and attitudes.
5. The specific direction of motives and drives is learned from definitions of the
legal codes as favourable or unfavourable.
6. A person becomes delinquent because of an excess of definitions favourable to
violation of law over definitions unfavourable to violation of the law.
7. Differential associations may vary in frequency, duration, priority, and intensity.
8. The process of learning criminal behaviour by association with criminal and anti-
criminal patterns involves all of the mechanisms that are involved in any other
learning.
9. While criminal behaviour is an expression of general needs and values, it is not
explained by those needs and values, since non-criminal behaviour is an
expression of the same needs and values.

Multiple Causation Theories

 Unit III

Factor Responsible for Causation of Crime,

1. Environmental factor
Family is the basic institution which has closed contacts with the child. It is the family
where a child spends is protected period of dependency therefore it plays very important
role in the behaviour of child. Whenever there is any kind of disorganisation among the
family members children are liable to become delinquent.
2. Economic factors
Economic factors influence criminality to a considerable extent. Economic depression
and poverty have a powerful influence in causation and commission of crime, in fact
poverty is the root cause of evils in the society.
3. Cultural factors
Cultural factors like decline of religious control, defective education, glorification of
specific criminals in the newspapers and the undesirable social custom play important
roles in causation of crime.
4. Industrialization
Growth of industrialization is also associated with growth of urbanization. In rural
society the tempo of life is low because of age old joint family system, custom and
traditions but in urban society there is a fast tempo of life because of which there is an
accelerated rate of mental disorder. Due to competition there is enormous mental conflict
which tends to take the individual towards criminal career thus in urban matrix as a result
of certain social conditions the rate of crime is fairly high.
Home Environment

Home and community atmosphere influence the children and their behaviour. The adequacy of
the parents was subject to much hue and cry. It was also said that the parents should be brought
to book for criminal activities of the children. The laws were enacted in some countries for
holding the parents monetarily liable and the compulsory education courses were also started for
the parents whose children did the crimes. The lose control, the lack of parental insights, low
income, power etc. are responsible for criminal behaviour in the children as it very difficult for
the parents to provide congenial atmosphere to their children. Some parents develop their
children even in such atmosphere properly and in a very disciplined way. Much depends on the
family atmosphere and parental control and behaviour rather than poor houseing etc.

Community Influences

There are secondary community influence also which mould the behaviour of the children. The
role of the school, the company in which the child moves, the games which he enjoys, the motion
pictures, press, television etc. all have important roles to play. The sex and pornographic
advertisements add to the sensations of the children causing them deliquency. The roles of the
criminals and their activities in the movies leave a very bad impact on the youngs susceptible to
mental affliction.

Urban and Rural Crimes.

There are many factors which are responsible for urban and rural crimes. In urban areas the
concentration of industry and commercial activities has given rise to problem of immigration and
scarcity of residential accommodation. The incidence of Juvenile delinquency, shop lifting, petty
theft, White Collar crimes, frauds etc. are very common in urban areas. Sometimes rural
migrants in new cities are unable to easily adjust the heterogeneity of urban life and ultimately
destroys their earlier congenial social relationships creating a social vacuum which proves to be
fertile ground for criminality.

Father in rural areas people by nature simple and law abiding as compared to Urban counterparts
because of illiteracy and their modest living. It is generally believed that the crime relating to
property are committed in urban areas while those of crime against persons are more common in
rural areas, however this hypothesis does not seem to be correct as property crimes are also
common in villages.

Concentration of industry

The concentration and English industries and commercial activities in urban region has given
rise to problems of immigration mobility of population and scarcity of residential
accommodation the availability of pit means of transport in cities offers better opportunities for
Delhi points to escape detraction and arrest. The incidence of Juvenile delinquency shoplifting
petty theft and sexual offences are more common in slum areas and poverty-stricken homes the
recurrence of White collar crimes Bank of tenses frauds in Brazil means

The ghetto

In Ghetto or slums, Juvenile delinquency is more due to unhealthy environment. Overcrowding,

lack of recreation, lack of privacy, one room accommodation, alcoholism and lack of parental
control are the causes of many kinds of crime. The child falls in bad company and inbibes the
traits of his environment in his personality. Stealing, sex indulgence and vagrancy etc become
easy parts of his personality.

Broken homes

It has been seen that the parents living in strained relations or behaving indecently influence that
tender mind of their children. The broken homes where parents live separately or who are
divorced or where one of the partner is step, fail to provide the natural love and affection and
careful attention to the children. These things create problems and the children become
delinquents. Too much strict behaviour by the parents and also very lose control on the children
may also cause problems to the children. The children consequently may develop delinquent
behaviour. In broken homes the child loses his mental peace.

Effect of TV, Video, Press

Mass media of communication, Cinema, TV, video and press also contribute to crime causation.
The motion pictures create peculiar sensations to the viewers particularly children and they learn
sexual and criminal traits. The press also brings various kinds of news which affects the
immature brain of children and they learn through it. If the press reporting and the matter
published is such as to influence adversely the children, they become criminogenic.

Narcotics and Alcohol

Alcohol and narcotic drugs worldwide problem the relation between alcoholism and criminal act
is orphan confirmed by the police records and present statistics which indicate that in the present
day there is a considerable increase in such alcoholic criminal episodes. Crimes are often plan in
liquor shops and offenders are generally consume liquor or drugs to overcome their emotional
strains or to remove the element of self criticism in relation to his acts. There are many laws
which has been enacted in India to overcome this menace of drug abuse like NDPS Act,
Dangerous Drugs Act 1930 etc.

Caste war and Communal riots-their causes and demoralizing effects

In India the caste discrimination has been a vital factor. Post independence India has witnessed
several sectarian riots leading to blood-shed and anarchy in the various parts of the country
which are glaring examples of it. The recent trend of taking the revenge and even to terrorise
under the advantages position of the laws giving benefit to particular caste is very dangerous.
The authorities empowered to take action are also under the system as operates it today
constrained to take the the prompt legal action against those who are already terrorised as else
they will have to bear the consequences although they may know full facts of the case.

Atrocities against Scheduled Castes

Atrocities against Scheduled castes and Scheduled Tribes has been long in India. The present
socio legal measures have brought a lot of change in their position but still much needs to be
done.

Unit IV

Criminal law and its administration,

Criminal law not only protects individual but it also protect the whole society it should be strong
in its content and implementation. In India, Criminal Procedure Code, Indian Evidence Act and
Indian Penal Code has been passed for administration of Justice.

The purpose of criminal law is to protect the interest of the society and the individual and to
maintain the social order and stability in the society. The basic purpose of criminal law is to
prohibit and just a fever will harm to the individual and to give warning to the people who
threatens to give harm. Criminal law also imposes punishment to satisfy the demands of victim
and to protect its interest.

Organisation of Criminal Administration

Criminal Courts in India - Four Classes of Criminal Courts in India .

1. Supreme Court
2. High Court
3. Court of Session
4. The Court of Judicial Magistrate

Under Cr.P.C beside Supreme Court and High Court there are four Classes of Courts
1. Court of Session
2. Judicial Magistrate first class
3. Judicial Magistrate second class
4. Executive Magistrate

The Police System

The police system is necessary for the maintenance of law and order in the society sutherland
said that the term police in the kids towards those representatives of the state who is
responsibilities to maintain law and order. In India police system is totally based on the police
act 1861.

Function of police -

➢ Prevention of Crime- Main function of Police is to prevent crime. To perform this

function, police immediately approach towards the place of occurrence of crime.
➢ Arrest of offender - The Police can arrest the offender in cognizable offence. They are
expected to arrest the criminal as soon as possible after the commission of crime.
 ➢ Search, inquiry and interrogation - Once the police receive the search warrant from
court it proceed to take search of necessary places. They can also interrogate all persons
related to the commission of crime.
➢ Administration- Police also helps in enforcement of laws and administration of places. If
any person violate laws he can be arrested by the police.

Power and Duties of Police under the Police Act and Cr.P.C, Arrest, Search and Seizure
and Constitutional imperatives,

The Police have wide power to arrest the offenders and suspects.

• Under Section 41(1) Cr.P.C the police may arrest any person without warrant.
• If any person commits non cognizable offence refuses to give his name or residence then
the police officer may arrest to ascertain his name and address.(Section 42)
• Section 151(2) a person arrested shall not be detained in custody for period exceeding
24hrs unless further detention is required or authorised under any other provisions of
Cr.P.C or under any other law for the time being in force.
• Under Article 22 of the Constitution and under Section 57 CrPC the person arrested has
to be produced before Magistrate within 24hrs of his arrest.

Followings provisions are related to the Search and Seizure

• Search of place entered by person sought to be arrested (Section 47)

• Search of Arrested Person (Section 51)
• Power to seize offensive weapons (Section 52)
• Summons to produce document or other thing (Section 91)
• Procedure as to letters and telegrams (Section 92)
• When search warrant may be issued (Section 93)
• Section of place suspected to contain stolen property, forged documents, etc. (Section 94)
• Power to declare certain publication forfeited and to issue search-warrants for the same
(Section 95)
• Application to High Court to set aside declaration of forfeiture (Section 96)
• Section for persons wrongfully confined (Section 97)
 • Section to compel restoration of abducted females (Section 98)
• Persons in charge of closed place to allow search (Search 100)
• Power of Police officer to seize certain property (Section 102)
• Search by Police officer (Section 165)

Liability of Police for Custodial Violence

The term custodial violence includes all types of physical and mental torture inflicted upon a
person in police custody. It is a crime against humanity and a naked violation of human rights.

Types of Custodial Violence:

There are different methods to bring or commit custodial violence which are applied to bring the
desired results by the government agencies.

To break the Threats and Depriving the

Physiological confidence and humiliations which are victim the basic
Violence: morale of the directed towards needs like water,
victim persons in custody food, sleep

Scratches and
Physical Causing
disfiguration and
Forcing the
victims to sleep
cuts are made on
Violence different parts of
exhaustion. on damp floor.
the body

Ill- Electric shocks Severe beating

Rape and
Treatment: molestation

Constitutional and Legal Provisions:

• Protection from torture is a fundamental right enshrined under Article 21 (Right to Life)
of the Indian constitution.
 • The right to counsel is also a fundamental right under Article 22(1) of the India
constitution.
• Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include
safeguards under 41A, 41B, 41C and 41D, so that arrests and detentions for interrogation
have reasonable grounds and documented procedures, arrests are made transparent to
family, friends and public, and there is protection through legal representation.

Disclaimer

This content is solely for the purpose of e-learning by students and any commercial use is not
permitted. The author does not claim originality of the content and it is based on the following
references.

Books
➢ Dr. S.S. Srivastava , Criminology, Penology & Victimology, Central Law Agency
➢ Prof. N.V.Paranjape, Criminology & Penology with Victimology, Central Law
Publication
➢ S.M.A Qadri, Criminology, Penology and Victimology, Eastern Book Company

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