Penology and Victimology

Part A - Short Note Questions

1. Parole

a) Parole means the release of a prisoner temporarily for a special purpose before the expiry of a
sentence on the promise of good behaviour and return to jail.
b) Parole is a conditional release of a person from prison prior to the end of the maximum sentence
imposed.
c) Parole is defined in black's law dictionary as a conditional release of a prisoner generally under
supervision of a parole officer who has served part of the term for which he has sentence to prison.
d) Parole is considered to be granted as a privilege and not as a right.
e) Therefore, parole orders can be subject to modification or even cancellation after they have been
granted.

2. Open air prison

a) Open prison is a prison with minimum of restrictions on prisoner’s movements and activities.
b) Open prisons are jails with minimal supervision and control.
c) Open prisons are based on trust.
d) Prisoners leave for work in the morning and come back in the evening.
e) They live with their families in morning and if they default or indulge in crime or violence inside or
outside the prison they will be sent back to the closed prison.
f) Open prison provides maximum opportunity for positive behavioural change of prisoners.
g) Prisoners can walk out of jail in the morning and come back in the evening.
h) It has less security without bars locks and walls of armed guards.

3. Suspended sentence

a) In criminal cases a trial judge has the ability to suspend the sentence of a convicted person.
b) The judge must first pronounce a fine or imprisonment or both and then suspend the
implementation of the sentence.
c) There are two types of suspended sentences, first, a judge may unconditionally discharge the
defendant of all obligations and restraints. An unconditionally suspended sentence ends the court
system's involvement in the matter and the defendant has no penalty to pay.
d) Second, a judge may also issue a conditionally suspended sentence. This type of sentence
withholds execution of the penalty as long as the defendant exhibits good behaviour.

4. Blue collar crime

a) Blue collar crime is a term used to identify crime normally of a small-scale nature in contrast to
white collar crime.
b) It is generally attributed to people of the lower class.
c) During the 1910s through to the 1920s in America, manual labourers often opted for blue shirts,
so that stains gained from days at work were less visible.
d) Unemployment of labourers was the reason for such labour indulged in crime.
e) In criminology blue collar crime is any crime committed by an individual from a lower social class
as opposed to white collar crime which is associated with crime committed by someone of a higher-
level social class.
5. White collar crime

a) White collar crimes are committed by a person of high social status.

b) They are committed by corporations or state bodies or by misuse of political and executive powers
and also committed by business and government professionals.
c) White collar crime is a crime committed by a person of respectability and high social status in the
course of his occupation.
d) It refers to financially motivated and non-violent crime committed by business and government
professionals.
e) Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as a crime
committed by a person of respectability and high social status in the course of his occupation.

6. Recidivism

a) The word recidivism comes from the Latin root words re, meaning back and meaning to fall or
literally to fall back.
b) The word is most commonly used to discuss the relapse rate of criminals who have served their
sentence and have been released.
c) Recidivism is one of the most basic concepts in criminal justice.
d) Recidivists or repeat offenders pose considerable challenge to the criminal justice administration
as recidivism is often seen as a failure of the correctional justice.
e) Recidivism is directly related to many criminal justice issues such as injury, harm, prohibition and
rehabilitation.

7. Whipping and flogging

a) Whipping is an act of thrashing or beating the wrong doer with a whip.

b) It is an instrument of social control and Whipping was also combined with other forms of
punishment.
c) After the soldier struck Jesus Christ with the lash the soldier dragged the lash across Jesus Christ's
body in a whipping motion.
d) The piece of metal or bone shredded Jesus Christ's flesh as the soldier whipped it across Jesus
Christ's body.
e) 39 lashes were the legal limit because 40 would kill a man.
f) Flogging permanently disfigured a person's back.
g) Use of flogging as a punishment has been condemned by the United Nations as cruel and
inhuman.

8. Typology of victims

a) Benjamin Mendelsohn (1900 to 1998) a barrister first admitted to the bar in 1934.
b) While he was serving as an attorney he was very much interested in the study of victims.
c) He began conducting interviews with victims and witnesses.
d) He realized that the majority of victims had a pre-existing interpersonal relationship with their
offenders.
e) He started the scientific study of victims of crime in 1937 and introduced the science of the victim.
f) The term victimology was first used by Benjamin and he created a typology of victims which
focused on the culpability of the victim and the offender and the extent to which the victim plays a
role.
9. Heterogeneity

a) Heterogeneity is the quality of being diverse or multiple in character. A classroom consisting of

people from lots of different backgrounds would be considered having the quality of heterogeneity.
b) Durkheim defines crime as an act which is criminal when it offends the well-defined state of the
collective conscience.
c) This definition is useful in defining crime in small harmonious and homogeneous societies but is
less suitable when the task is to define crime in large multicultural and heterogenous society.
d) In small, non-state societies it may be possible to notice a state of collective consents and to
detect a fair degree of agreement regarding social norms and values.

10. Mutilation

a) Mutilation is an act of disfigurement which includes blinding, cutting of hands, ears and noses.
b) In the ancient world people were punished by cutting off their ears, lips or nose.
c) Tongue cutting is also a form of mutilation as this leads to bleeding to death and in most cases
with choking in the lungs.
d) For example, thieves may be punished by having the right hand amputated.
e) Mutilation is one of the discontinued modes of punishment.
Part B - Essay Type Questions

1. Penology? Theories of punishments

Meaning of Penology
a) Penology is the study of the punishment of crimes and of prison management. It is a science which
deals with the principles, theory and method of punishments. It is one of the branches of
criminology.
b) The term penology is derived from the Latin term ‘Poena’ which means pain or suffering for the
wrong doing. Offenders are put to pain or suffering by way of imposing penalty. The word penology
was coined by Francis Lieber.
c) Penologist is a social scientist who studies the theory and methods of punishment of crime.
Penology deals with the treatment of those who are convicted of crimes and how they can be
rehabilitated so that they are no longer a threat to society.
d) Merriam Webster's dictionary: Penology is a branch of criminology dealing with prison
management and the treatment of offenders.
Features of Penology:
a) Penology is the branch of criminology
b) It is a function of the criminology
c) It deals with the principles and methods of punishments
d) It deals with the theory and application of punishments
e) It guides the state in framing punishments of for various crimes
f) It reflects the state policies
g) It provides scheme for implement state policies
h) It deals with the convicts held by the courts
i) It provides rational basis for the punishment for criminals
j) It maintains social peace and security
k) It facilitates study of the punishment of crimes
l) It facilitates study of the prison management
Objects of Penology:
a) To study the theory and practice of penalization
b) To study the techniques of punishment
c) To administer the penal measures and penal institutions
d) To protect the society against the criminals
e) To reform the criminals and to suppress crime and criminals
Scope of Penology:
a) Penology covers the principles and methods of punishments
b) It covers the theory of application of punishments
c) It covers the state policies
d) It covers the punishment of crimes and prison management
e) It covers correctional institution
Theories of punishments:
Penology consists of various theories of punishments as retribution or retaliation, expiation,
deterrence, reformation, etc.
Classical school of Penology:
a) Classical school refers to the 18th century. Before the advent of this school the criminals were
facing several types of barbaric penalties such as isolation, keeping in snake pits, squeezing,
strangulating, burning and cutting the limbs. Classical schools’ thought was against the barbaric and
cruel techniques of criminal sanctions.
b) Jean Jacques Rousseau: According to Jean, the need for the punishment arose in order to protect
the interest of the collective body.
c) Cesare Beccaria: Punishment may be scaled on a rational and objective basis, so that sentences
would not be cruel and excessive. Beccaria formulated 9 principles:
i) Must make sure laws are clear and simple
ii) Must make sure that the entire nation is united in defences
iii) Must be laws not against classes of men, but of men
iv) Must fear loss and nothing else
v) Must have certainty of outcome of crime
vi) Must have knowledge because enlightenment accompanies liberty
vii) Must have reward virtue
viii) Must have perfect education, and
ix) Must direct the interest of magistracy to prevent corruption of laws.
d) Jeremy Bentham: The punishment system must be graduated so that the punishment more
closely matches the crime. Punishment is not retribution or revenge.
e) Feuerbach: According to the, Intimidation theory the punishment that is associated with severe of
the perpetrator should affect the general population to restrain itself from criminal behaviour. In his
view punishment should be sufficient to deter potential lawbreakers.
f) Henry Maudsley: Henry believed that the aim of punishment must not be reformatory or in the
form of taking revenge. The real purpose of punishment is to check the criminal intention of men and
to promote welfare of the society. He advocated quick and harsh punishment, as it will serve as a
warning to others.
Positivist School of Penology:
a) Positivist school of penology has suggested for adaptation of scientific methods for the
measurement and quantification of criminal behaviour.
b) Positivist believe that the scientific methods of the natural science should be used while imposing
punishment because human behaviour is linked with biological and psychological factors apart from
socio economic factors. The codification of penal laws should be based upon the study of criminals
rather than crime.
c) Caesare Lombroso: Caesare has demonstrated that the crime has biological roots. He strongly
implies that the perfectly normal individual from the biological point of view could not become a real
criminal. And poverty and poor education, etc., also contribute to criminality.
d) Raffaele Garofalo: He firmly believed that a person becomes a criminal out of his own
environment. He recommended death penalty, imprisonment for life or transportation and
reparation as three modes of punishment for criminals. He did not believe the concept of
reformation of offenders.
e) Enrico Ferri: Enrico believed that social, economic and political factors are important aspects
shaping the true theory of crime. He considered punishment plays a vital role in prevention of
recurrence of crime. The object of punishment is to cause fear of crime among the general public.
f) Gabriel Tarde: Gabriel suggested that social factor should be emphasized in studying the criminal
instead of the physical and other characteristics of the offender. He showed that the influence of the
social environment was most significant in moulding criminal behaviour.
2. Probation and parole. Differences

Probation:
a) The release of offenders on probation is one of the reformative techniques devised as an
alternative to conventional incarceration of offenders in prison.
b) Probation is a scientific method of treatment of selected offenders within the community placing
them under the supervision of probation officers on certain conditions to be specified by the courts.
c) Probation is called as non-institutional treatment. Offenders are ordinarily required to refrain from
subsequent position of firearms and may be ordered to remain employed, abide to curfew, live at
directed place, obey the orders of the probation officer or not leave the jurisdiction.
d) Criminologists and penologists of the past and the present century gave importance to correction
of offenders through reformative and rehabilitative measures than that of deterrence and
retribution.
e) Probation had its origin in America through John Augustus, a cobbler in Boston who is known as
the ‘Father of Probation’.
f) The main object of probation is the ultimate rehabilitation of the offender in the community. It
aims to save some selected types of offenders from the rigors of punishment.
Parole:
a) Parole means the release of a prisoner temporarily for a special purpose before the expiry of a
sentence on the promise of good behaviour and return to jail
b) Parole is a conditional release of a person from prison prior to the end of the maximum sentence
imposed
c) Parole is defined in Black's law dictionary as a conditional release of a prisoner generally under
supervision of a parole officer who has served part of the term for which he was sentenced to prison.
d) Parole is considered to be granted as a privilege not a right. Therefore, parole orders can be
subject to modifications or even cancellation after they have been granted.
e) The main object of parole is to reform the criminals and to reduce over-crowding in prisons. The
purpose of the parole is to prepare the prisoner for adjustment to normal social life outside the
prison.
f) Parole is not available for all crimes and the rules and regulations for parole can vary by state.
g) Violation of terms can make the parolee subject to arrest.
3. Types of white-collar crimes in India

1) Sociologist, Edwin Sutherland in 1939, defines white collar crime as a crime committed by a
person of respectability and high social status in the course of his occupation. It refers to financially
motivated and non-violent crime committed by business and government professionals.
2) White collar crimes are those which are committed by the upper class of the society in the course
of their occupation. For example, multinational corporation guilty of tax evasion.
3) On the other hand blue collar crime refers to any crime committed by an individual from a lower
social class.
4) Types of White-Collar Crimes:
a) Adulteration of food and drugs b) Banking and insurance frauds
c) Black marketing d) Bribery by public officer
e) Crimes by charter account f) Crimes by doctor
g) Crimes by lawyers h) Cyber-crimes
i) Drug racket j) Foreign funds manipulation
k) Forgery l) Fraudulent bankruptcy
m) Illegal trading human organs n) Illicit trafficking in arms explosives
o) wildlife and environment violation p) Intellectual property frauds
q) Money laundering r) Passport and visa fraud
s) Real estate fraud t) Tax evasion
u) Telemarketing scams
5) Characteristics of White Collar Crime:
a) Committed by person of high status b) Committed in occupation
c) Committed in violation of trust d) Deliberate and planned
e) Non-violent f) Professional
g) Deceptive h) Aim specific benefit or result
i) Investigation by officials j) Multiple defendants
k) Involvement of companies officials l) Parallel proceedings
m) Legitimate access to target n) Causes socio economic injuries
o) Careless about detection p) Lack of reporting and defining
6) Computer related White-Collar Crimes:
a) False data entry b) Email security invasion
c) Hacking d) Internet frauds
e) Money laundering f) Hacking into secure telecommunications
g) Stalking ,i.e., illegally following and watching someone, etc.
7) In the wake of industrialization this newer form of criminality is associated with the upper and
middle class people and is committed by them in course of their occupations.
8) Lokpal and Lokayukta enquires into the mal-administration. It checks the corruption, negligence,
inefficiency, delay, bias, abuse of power of government and servants including ministers.
4. Problems and prospectus of probation under probation of offender’s act 1958

a) The probation of offenders Act 1958 was passed in the year 1958 with an object of preventing the
conversion of youthful offenders into criminal as a result of their association with hardened criminals
of mature age, in case the youthful offenders are sentenced to undergo imprisonment in jail.
b) The act empowers the court to release certain offenders after admonition and place certain other
offenders on probation for good conduct.
c) The act put a restriction on the court forbidding the imprisonment of an offender below the age of
21 years who has not committed an offense punishable with imprisonment for life unless it requires
that the offender be punished.
d) Release after admonition: Section 3 empowers a court to release an offender after admonition, if
he is found guilty of having committed offence punishable with imprisonment of not more than 2
years or fine.
e) Release on probation of good conduct: Section 4 authorizes a court to release an offender on
probation with or without sureties to appear for receiving sentence. When called upon during such
period, not exceeding three years and in the meantime to keep the peace and to be of good
behaviour.
f) No imprisonment under 21 years of age: Section 6 (1) make it obligatory for the court not to pass
a sentence of imprisonment if an offender is under 21 years of age and has committed an offense
punishable with imprisonment but not with imprisonment for life.
g) Breaches of probation conditions: As per section 9, if the court which passes an order under
section 4 in respect of an offender and if the offender has failed to observe any of the conditions of
the bond then the court may issue a warrant for his arrest.
h) Compensation: The act insists that the court may order for payment by the offenders such
compensation and cost of the proceedings as he think reasonable for loss or injury caused to the
victim.
i) Varying the conditions of bond: The act provides the freedom to court to vary the conditions of
bond when an offender is released on probation of good conduct and to extend the period of
probation not to exceed three years from the date of original order.
5. Types of punishment

Punishment:
1) Punishment is a process by which the state inflicts some pain to the persons who is found guilty of
crime. Criminal punishments are the means to reduce the crime rate in the society. Punishments
make the criminals incapable to commit crimes or prevent them from recommitting the crimes.
2) The criminal justice system has the power to control crime and punish criminals. The penologists
agree that the ultimate aim of the law and punishment is to control the crime. The appropriate
punishment brings the crimes under control and lessons the likelihood of future crimes
3) Types of Punishment:
a) Corporal punishment: Many societies applied the eye for an eye and tooth for a tooth principle in
dealing with offenders from ancient times. Through the 18th century corporal punishments were
commonly used in those instances that did not call for the death penalty.
b) Whipping and Flogging: Whipping is an act of thrashing or beating the wrong doer with a whip or
similar implement. It is an instrument of social control. 39 lashes were the legal limit, because 40
would kill the man. Flogging permanently disfigured a person's back. Use of flogging as a punishment
has been condemned by the United Nations as cruel and inhuman.
c) Mutilation and Branding: Mutilation is an act of disfigurement or defacement. It includes blinding,
cutting off hands, ears and noses. In the ancient world, people are punished by cutting off their ears,
lips or nose. Tongue cutting is also a form of mutilation as this leads to bleeding to death.
Human branding or stigmatizing is the process in which a mark usually a symbol or ornamental
pattern is burned into the skin of a living person with the intention that the resulting scar makes it
permanent. This is performed using a hot iron.
d) Transportation and Exile: Transportation refers to the relocation of convicted criminals to a
distance place which become their destination. It removes the criminal from society.
Exile is the state of being barred from one's native country typically for political or punitive reason.
Exile is a prolonged absence from one's country imposed by the authority as a punitive measure.
e) Public Execution: Public execution is a form of capital punishment in which the members of the
general public may voluntarily attend. Punishment is publicly executed for the crimes such as
adultery, prostitution, pimping, homosexuality and narcotics trafficking. Usually the condemned
prisoner is hung before a large crowd.
4) Punishments under the Indian Criminal Law:
The object of punishment is to prevent and reduce crimes and protect the society from criminals.
There are 6 kinds of punishments under section 53 of Indian penal code 1860. They are:
a) Capital Punishment or Dead Punishment: killer must be killed. It is the maximum punishment. Ex:
waging war against government under section 121, mutiny under section 132, murder under section
302. Several developed countries abolish death punishment. Law commission of India recommended
the parliament to not to abolish the death punishment. Death punishment cannot be imposed on a
person who is under 18 years and a pregnant woman.
b) Life Imprisonment: Life imprisonment means rigorous imprisonment for the full span of life. It is
not simple imprisonment. In case of rigorous punishment, the prisoner has to do hard labour but in
simple imprisonment he is confined within the jail. Imprisonment for life is for a term not exceeding
14 years.
c) Penal Servitude: The convict becomes a slave of the government. Slavery is a kind of punishment
for crimes. The convicts were sent to factories or mines or remote areas to work. Britishers imposed
penal servitude on Indians. India abolished penal servitude after independence by the criminal
justice act 1948.
d) Imprisonment: The maximum imprisonment is 14 years under section 55. Imprisonment is of two
kinds:
i) Rigorous imprisonment: The criminal is put to hard labour like cutting stones, digging wells,
drawing water, etc.
ii) Simple imprisonment: The criminal is confined only to jail. Simple imprisonment is imposed for
the crime such as defamation, insulting a woman, conduct of drunken person, etc.
- Commutation means changing the original punishment to a different type of punishment. Ex:
conversion of death punishment to life imprisonment.
- Remission means reducing the punishment without changing the character of punishment.
Remission is based on good behaviour and conduct.
e) Forfeiture of Property: Forfeiture means losing. The criminal must lose his property for the crimes
committed by him.
f) Fine: The criminal shall be asked to pay the money as fine with or without imprisonment for the
crimes committed by him. The court may imprison the convict for non-payment of fine.
6. Powers and duties of police

The term ‘police’ is derived from the Latin word ‘Policia’. The chief function of the police force is to
maintain public order, prevention and detection of crimes.
Powers and Duties of Police:
1) Inspector of police as station house officer (SHO)
a) To act as station house officer (SHO)
b) To act as the head of the police station
c) To work and manage the police station
d) To investigate, detect, reserve peace
e) To administer the staff, supervise their work
f) To assign duties to the staff under him
g) To direct the duties to be honestly performed
h) To provide a feeling of safety and security to people
i) To carry his functions with efficiency and honesty, etc.
2) Inspector of Police as circle inspector (CI)
a) To function as a circle inspector (CI)
b) To investigate heinous cases
c) To supervise the police work office circle in all its branches
d) To maintain discipline among his subordinates
e) To inquire into complaints received from the public
f) To look after welfare of his subordinates
g) To upkeep arms and government property and to keep informed of the police problems to
DSP/SDPO
3) Sub-Inspector of Police
a) To work as an officer in charge of the police station
b) To perform the same duties that an inspector of police
c) To carry out investigation work
d) To undertake law and order work when the need arises
4) Assistant Sub-Inspector of Police
a) To investigate the simple case as directed by the SHO
b) To conduct petition inquiry
c) To supervise the process work in SHO
d) To serve summons and warrants
e) To check the beats and patrols
f) To supervise station scriptory work
g) To detail the duties to the staff during the sub inspectors absence
h) To exercise the supervision over the staff
i) To maintain arms and ammunition and their register, etc.
5) Head Constable of Police:
a) To execute general duty at police stations
b) To function as station writers and in charge of outposts
c) To act as in charge of the police station when SHO is absent
d) To supervise the work of the constables
e) To supervise the drill of the constables and provide instructions
f) To perform duties allotted to him by the SHO
g) To accompany SHO or investigating officer on investigation
h) To visit the villages in the station jurisdiction at least once a quarter
i) To check and supervise beat work, etc.
6) Constable of Police:
a) To do beat patrol and surveillance work
b) To collect intelligence report about crime and criminals
c) To communicate the same to the concerned authorities
d) To assist the investigating officer in carrying out arrests
e) To assist in carrying out recoveries, searches and seizers
f) To guard and escort prisoners
g) To escort the injured to the hospital
h) To help in controlling crowds and providing relief in emergencies
i) To control and regulate traffic when posted on such work, etc.
7) Police Training: Training is an integral part of police force as it moderates the knowledge skill and
attitudinal changes in police personnel. The purpose of training is to equip the trainees and to build
their capacity to be able to meet the field challenges. Police training provides basic induction training
of new recruiter.
8) Training Activities:
a) Ceremonial parade
b) Equitation or art of horse riding
c) Assault training
d) Firing
e) Tactical training
f) Rock climbing
g) Digital crime lab.
Conclusion: Section 149 provides that every police officer has the right to interpose for the purpose
of preventing the commission of any cognizable offense. Section 151 provides that police officer has
the power to arrest if he had knowledge that the person sought to be arrested entertained a
designed to commit a cognizable offence. Section 152 provides that a police officer may prevent
injury or damage to public property.
7. Rights of arrested person under constitution of India

1) Meaning and Nature of Arrest:

a) Arrest means taking a person into custody. The term arrest is not defined in the code. Arrest in its
ordinary sense means the apprehension or restraint of one's personal liberty.
b) It is a forceable exercise of the power to deprive a person of his or her liberty and keeping of a
person in custody by legal authority especially in response to a criminal charge.
2) Arrest by Private Person:
a) Section 43 empowers a private person to make arrest without warrant under below situations:
i) The offence must be one committed in his presence
ii) The offence must be cognizable and
iii) The offence must be non bailable
3) Arrest how made?
a) Section 41 to 44 of the code provides the procedure in which the police officer, magistrate and
private citizens are authorized to make arrest without warrant.
b) Section 46 provides that in making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested.
4) Arrest with Warrant:
a) A warrant for arrest may be issued by a magistrate after taking cognizance of any offence whether
cognizable or non-cognizable. If the offence committed is non cognizable the police can arrest with
warrant only
b) If the offence committed is cognizable the police can arrest without warrant. The purpose of
warrant is to cause the accused to appear before the court.
5) Rights of Arrested Person under Code of Criminal Procedure:
- Section 50 (1) Person arrested to be informed of grounds of arrest
- Section 50 (2) Person arrested to be informed of about right to bail
- Section 54 Right to examination of arrested person by doctor
- Section 56 Person arrested to be taken to magistrate or police officer
- Section 57 Person arrested not to be detained more than 24 hours
- Section 76 Person arrested to be brought to court without delay
- Section 151 No detention in custody for more than 24 hours
6) Rights of Arrested Person under the Constitution of India:
- Article 21 Right to free legal aid and to be informed about it
- Article 22 (1) Right to consult a legal practitioner
- Article 22 (2) Right to be produced before magistrate within 24 hours
- Article 22 (4-7) Rights of detained under the preventive detention law
7) Power to Arrest without Warrant: Section 151 provides that a police officer has power to arrest if
he had knowledge that the person sought to be arrested entertained a designed to commit a
cognizable offence.
8) Procedure on Arrest of Person against whom Warrant Issued: The police officer cannot detain an
accused person arrested without a warrant for more than 24 hours. Article 22 (2) of the Constitution
of India, any person arrested or detained in custody should be produced before the nearest
magistrate within 24 hours of such arrest.
9) Remand to Police Custody: Section 167 (4) provides that if magistrate authorizes detention of the
accused in police custody he shall record his reasons and if he is not a chief judicial magistrate he
shall forward a copy of his order with his reasons for it to the Chief Judicial Magistrate.
Part C

1. Section 300 of IPC - Murder

2. Section 8 of POCSO Act 2012
3. Section 312 & 314 of IPC - Miscarriage of woman
4. Section 28 of the NDPS act 1985
5. Section 376 (B) and section 341 of IPC, Section 10 of NCW,1990