Criminology

Q1. Define Criminology

Etymological Definition -Criminology (from Latin crīmen,"accusation"; and Greek
-λογία, -logia)is the scientific approach to studying criminal behavior. The term
was coined in 1885 by Raffaele Garofalo, an Italian law professor.
Crime is human conduct that violates the criminal laws of a state, the federal
government, or a local jurisdiction that has the power to make and enforce the
laws.
According to Edwin Sutherland and Donald Cressey: Criminology is a body of
knowledge regarding crime as a social phenomenon. It includes within its scope
the processes of making laws, of breaking of laws, and of reaction toward the
breaking of laws.
Objectives of Criminology - The development of a body of general and verified
principles and of other types of knowledge regarding this process of law, crime,
and its control and prevention, and the treatment of the offenders.
Nature of Criminology - Criminology continues to bring together in a very
amorphous manner people who do the following kinds of work:
1. Academicians (often sociologists) who teach students a subject called
criminology, including those criminologists who also do research and write on the
subject;
2. Teachers who train other people for professional roles in crime control and
criminal justice work;
3. Those who are involved in policy research within the criminal justice system;
and
4. Those who apply criminology that is all the people who are employed in
criminal justice agencies, ranging from policemen to lawyers to prison wardens to
correctional workers.
5. Even this list of broad groupings does not exhaust the possibilities as
criminology and criminal justice increasingly play prominent roles in the further
development of society.
Q2. Discuss “Mens Rea” as essential ingredient of crime
Mens Rea :An act is not a crime unless it is committed with a particular criminal
intention (mens rea). If the act is not committed with a guilty or 'mens rea', such an
act cannot be considered as a criminal act.. Therefore an act in order to be crime
must be committed with guilty mind.
Mens Rea or the mental element of crime is a very important part of criminal law
in India as well as other countries. Most laws in India contain the element of guilty
mind so as to make an act by a person criminally liable for punishment. Mens Rea
is the whole essence of crime. Without having an intention to act in a manner that
it causes harm to person or property then in front of law it is not a crime. The
presence of Mens Rea implies that the wrongdoer had the ability to choose
between what is good and what is not.
All the definitions of crime are carefully defined with focus on showing the evil
intention for doing the act. Usage of words like – intentionally, fraudulently,
knowingly, voluntarily etc. emphasis the presence of Doctrine of Mens Rea.
• Intention: It is the state of mind of the person doing the crime. It can be
proved when the defendant can foresee virtually that the consequences of the
action of the person is going to kill, cause grievous injury or any other
prohibited harm to them.
• Motive: A motive in criminal law is the cause that moves people to induce
into a certain action. Motive is not a basic element of crime but it is mostly
looked into while investigation of a criminal case. Motive is the reason of
any act, hence, even if motive was good but the act was wrong then criminal
liability may arise.
• Knowledge: the word knowledge or knowingly is used in certain places in
IPC to denote Mens Rea. It can be seen from two sides, firstly a person had
knowledge and act in a wrongful manner and secondly they had knowledge
about the bad consequences and chose not to act hence resulting in a
wrongful act. Both can be understood as a part of Mens Rea and are
punishable.
• Negligence: It cannot be used as a synonym for Mens Rea but while looking
for guilty intent in any criminal case this aspect is also covered. Negligence
is the lack of attention or due care that a reasonable or prudent person may
have while performing any task. For a negligent act to turn into criminal
negligence its degree shall be high enough to cause criminal liability.
 • Voluntarily: This word is used in the code to show that the person doing an
act had the knowledge of what they are doing and had full control of their
actions. Voluntarily can be used to show intention as well. It is used only
because it has more extended meaning than ‘intentionally.’
Q3. Criminal Gangs
The criminal group relies on continuing criminal activity to generate income. Thus,
continuing criminal conspiracy is inherent in organized crime. Some activities such
As supplying illegal goods and services.
Violence and the threat of violence are an integral part of a criminal group. The
violence or threat of it is used against the members of the group to keep them in
line as also against the outsiders to protect the economic interests of the group.
Members are expected to commit, condone or authorize violent acts.
The members of the criminal group aim at maximizing the group’s profits. The
criminal group maintains power through its association with the “protectors” who
defend the group and its profits.
a. Size: Medium sized to large (50-200 members)
b. Gender: Mainly male although a small number of female members are allowed.
c. Ages: youth and adults (18-30 and over)
d. Territoriality: They are identified with territories but their activities are not
limited to them as they may operate in other areas under instructions.
e. Criminality: Various organized criminal activities using sophisticated weapons.
Their crimes include trafficking in drugs, arms, and persons; robbery, kidnapping,
extortion, pandering, and murder (including by contract).
f. Origin: Final stage in the gang evolution, from the youth group that seeks
solutions and a meaning to life, to the adult organization with greater links to
organized crime.
g. Objectives: Money, a “reputation” in certain territories, and a “parallel power”
to the one that excluded them from society.
i. Operating methods: Same as previous group, but with a high level of training,
discipline, planning, organization, and logistics in their criminal activities. They
have a well-defined hierarchical organization and even units that specialize in
certain types of crime. In several countries they are well known by the police.
Organized crime organizations frequently hire gang members to carry out contract
killings
Q4. Cyber Crime
The development in information technology and electronic media have given rise
to a new variety of computer related crimes which is commonly called
"cybercrimes”.
These crimes cover a wide range of illegal computer related activities such as of
communication services, industrial espionage, dissemination of pornographic and
sexy offensive material in cyber space electronic money laundering and tax
evasion electronic vandalism and extortion, telemarketing frauds, illegal
interception of telecommunication etc
A cybercrime may be defined as any criminal activity that uses a computer either
as an instrumentality target or means of perpetrating further crime. Cyber Crime is
an unlawful act wherein the computer is either to or a target or both Information
Technology Act 2000 provides penalties and adjudication for various offences
involving computers, computer systems and computer network.
The main reasons for increase in cyber crimes are easy accessibility of computer
which enables unauthored access by the use of complex cyber space technology
through by passing security systems, operating system is complex and the cyber
offenders take advantage of the fallibility of human mind and lastly the criminals
can easily destroy the evidence after the Commission of crime and so investigating
agencies find it difficult to collect relevant materials as evidence for prosecuting
offenders.
Q5. What is organized crime
organized crime is an act which is committed by two or more criminals as a joint
venture in an organized manner. It is an illegal act which members of an unlawful
association commit with their mutual co-operation and adventure. When a crime is
done in an organized manner, it is called organized crime.
In Organized Crime there is a group of persons which engages itself in continuous
crimes over indefinite period of time. Section2 (1)(e) of Maharashtra Control of
Organised Crimes Act, 1999 defines organized crime as 'any continuing unlawful
activity by an individual singly or jointly either as a member of an organized crime
syndicate or on behalf of such syndicate, by use of violence or threat of violence or
intimidation or coercion or other unlawful means with the object of gaining
pecuniary benefits or gaining undue economic or other advantage for himself or
any other person or promoting insurgency'.
Different types of criminal organisations that may operate in criminal world are
1. Organised predatory crimes
2. Crime syndicate
3. criminal racket
4. political graft

Q6. What is meant by Crime syndicate

The term 'Crime Syndicate' refers to a gang of criminals engaged in the business of
providing some forbidden or illegal goods/services to the customers who are
desirous of having it and are willing to pay handsomely for that service. This is
most significant area of organized crime and consists of the supply of illegal goods
and services; smuggling, bootlegging, gambling, prostitution and foreign exchange
violations are examples of such crimes. Crime syndicates are master minded by
highly skilled and professionalized gang-leaders.

Q7. White collar crime

With the growth of urban civilization, new category of crime and criminality
emerged in the upper socio-economic class, known as "White Collar Crimes."
According to Sutherland 'the White-Collar Crime is committed by persons of
respectable and high social status in the course of their occupation.' After
sometimes he modified his definition and said that 'a person of the upper socio-
economic class, who violates criminal law in the course of his occupation and
professional activities'.

White Collar Crimes like Tax Evasion, Black Marketing, Adulteration etc are very
dangerous to society in comparison to other crimes. The reasons being these crimes
cause a great financial loss to the nation, and inflict harm to the public morals. It
also creates distrust, lower moral and produces disorganization in large scale. The
remedial measures for prevention of white collar crimes are to create public
awareness; to constitute special tribunals to tackle white collar crimes and lastly
stringent enforcement of laws and severe punishment.

Q8 Pre-classical School
The period of seventeenth and eighteenth century in Europe was dominated by the
scholasticism of Saint Thomas Aquinas. The dominance of religion in State
activities was the chief characteristic of that time.
Pre-classical school came into existence before classical school. This school of
thought kept its influence during 17th to 18th centuries. In that period the to
concept of crime was very undefined and vague. The concept of Divine right of
king advocating supremacy of monarch was held in great esteem.
According to pre-classical theory the man es was very simple in nature. His acts:
and behaviour were controlled by some super power. Therefore, when a crime was
a committed by someone, it was presumed that he did so under the influence of
some external evil spirit of Devil and not out of his own free will.
This school, as such acknowledged the omnipotence of 'spirit' which was regarded
by them as another world power. They considered crime and criminals as an
evidence of the fact that the individual was possessed of devil or demon the only
cure for which was testimony of effectiveness of the spirit. The pre-classical
thinking, however, withered away with the lapse of time and advancement of
knowledge.
Q9. Classical School
Eminent criminologist Benthem and Baccaria laid the foundation of this school of
thought. He laid greater emphasis on mental phenomenon of the individual and
attributed crime to free will of the individual. They propagated the doctrine of
'pleasure and pain' as the basis of crimes. This school got bits development in the
19th Century.
Beccaria, the pioneer of modern criminology expounded his naturalistic theory of
criminality by rejecting the omnipotence of evil spirit. He laid greater emphasis on
mental phenomenon of the individual and attributed crime to ‘free will’ of the
individual. According to classical school of thought, the factor intention was given
less importance and the act of the defaulter was considered as a measure of injury.
The right of the sovereign to punish the offender was recognized by this school in
the interest of the public moral and security. The basis of punishment according to
them, was however, based on the hedonistic principle of pain and pleasure. They
considered prevention of crime more important than punishment and therefore the
real contribution is it underlined need for a well defined criminal justice system.

Q10 Neo Classical School

The neo-classists asserted that certain categories of offenders such as minors,
idiots, insane or incompetent had to be treated leniently in matters of punishment
irrespective of the similarity of their criminal act because these persons were
incapable of appreciating the difference between right and wrong.
This tendency of neo-classists to distinguish criminals according to their mental
depravity was indeed a progressive step inasmuch as it emphasised the need for
modifying the classical view. Thus, the contribution of neo-classical thought to the
science of criminology has its own merits.
Neo-classists approached the study of criminology on scientific lines by
recognising that certain extenuating situations or mental disorders deprive a person
of his normal capacity to control his conduct. Thus, they justified mitigation of
equal punishment in cases of certain psychopathic offenders. Commenting on this
point, Prof. Gillin observed that neo-classists represent a reaction against the
severity of classical view of equal punishment for the same offence.
Though the neo-classists recommended lenient treatment for “irresponsible” or
mentally depraved criminals on account of their incapacity to resist criminal
tendency but they certainly believed that all criminals, whether responsible or
irresponsible, must be kept segregated from the society.
Q11 Freud’s theory of criminal behaviour
This theory was originated by Sigmund Freud (1856–1939), the founder of
psychoanalysis. Imperative to this theory are the three elements or structures that
make up the human personality: (1) the id, (2), the ego, and (3) the superego.
Freud (1933) believed the id represents the unconscious Crime biological drives
for food, sex, and other necessities over the life span. Most important is the idea
that the id is concerned with instant pleasure or gratification while disregarding
concern for others. This is known as the pleasure principle, and it is often
paramount when discussing criminal behavior. All too often, one sees news stories
and studies about criminal offenders who have no concern for anyone but
themselves.
The second element of the human personality is the ego, which is thought to
develop early in a person’s life. For example, when children learn that their wishes
cannot be gratified instantaneously, they often throw a tantrum. Freud (1933)
suggested that the ego compensates for the demands of the id by guiding an
individual’s actions or behaviors to keep him or her within the boundaries of
society. The ego is guided by the reality principle.
The third element of personality, the superego, develops as a person incorporates
the moral standards and values of the community; parents; and significant others,
such as friends and clergy members. The focus of the superego is morality. The
superego serves to pass judgment on the behavior and actions of individuals
(Freud, 1933). The ego mediates between the id’s desire for instant gratification
and the strict morality of the superego. One can assume that young adults as well
as adults understand right from wrong. However, when a crime is committed,
advocates of psychodynamic theory would suggest that an individual committed a
crime because he or she has an underdeveloped superego.
 1. Interpol:
INTRODUCTION
The full form of INTERPOL is 'The International Criminal Police
Organization, was created in 1923 and is the world's largest international police
organization, with 188 member countries.
OBJECTIVE:
The main objective of this organization is to prevent and fight international
crimes with the help of cross-border police co-operation. Regardless of the
diplomatic relations between the countries, the INTERPOL aims to facilitate
international police co-operation; taking into account the spirit of the Universal
declaration of Human Rights and by prohibiting any intervention or activities of a
political, military, religious or racial character.
Interpol has its own constitution and as per Article 5 of the constitution
(consists of)
1. General Assembly
2. Executive Committee
3. General Secretariat
4. National Central Bureaus
5. Advisers.
The Interpol has the following functions :-
To provide secure global police communication services: Interpol's global
police communications system, known as I - 24/7, enables police in all member
countries to request, submit and access vital data instantly in a secure environment.
Operational data services and databases for police: the data base of Interpol is
so large that it also contains the information on known criminals, their fingerprints,
DNA profiles and stolen or lost travel documents. Interpol is extremely active in
issuing notices to nab the criminals, it issues 7 types of notices viz. :
Red Notice : To seek the arrest or provisional arrest of wanted persons with a view
to extradite them.
Yellow Notice : To help locate missing persons, often minors, or to help identify
persons who are unable to identify themselves.
Blue Notice : To collect additional information about a person's identity or
activities in relation to a crime.
Black Notice : To seek information on unidentified bodies.
Green Notice : To provide warnings and criminal intelligence about persons who
have committed criminal offences and are likely to repeat these crimes in other
countries.
Orange Notice : To warn police, public entities and other international
organizations about potential threats from disguised weapons, parcel bombs and
other dangerous materials.
Operational police support services: Interpol has its own police machinery
known as Command and Co-ordination Centre. The services of this Centre can be
availed during an emergency. It operates 24 hours a day, seven days a week and
can engage Incident Response Team to the scene of a serious crime or disaster.
Police training and development: Intense police training is provided to the police
officers to aggressively fight the global crime and terrorism.
Interpol is a serious participant in eradicating crimes ranging from human
trafficking, drugs, counterfeit currency, pharmaceuticals crimes, financial and,
technology related crimes, curbing the activities of organized syndicates, tracking
the fugitives etc.

2. The Women Police

INTRODUCTION
After the Indian Independence, women police have also been recruited in the
police establishment from the year 1947. They mainly deal with the offences
relating to juveniles and women delinquents. It must be stated that women police
were introduced in United Kingdom for the first time in 1917, when a woman
was recruited as a civil police official in the C.I.D. department.
INDIAN WOMEN POLICE PERFORM
The Indian women police perform the functions of escorting women
offenders from one place to another or arrest and apprehend them. They also
conduct search and seizures in case of women delinquents and juvenile offenders.
It is also a part of their duty to maintain order and discipline in the fairs, functions
and gatherings exclusively meant for women folk.
The services of women police are frequently utilized for helping the
pardanashin ladies in obtaining passports, etc. The emancipation of women and
their involvement in outdoor activities for the sake of employment, education or
social work has necessitated the strengthening of this wing of police to tackle
women and juvenile problems. More recently, the dowry deaths and bride-burning
incidents in India have necessitated women police to gear up its investigative
machinery to suppress these crimes. The women police mostly deal with cases of
domestic squabbles, wife beating, eye-teasing and dowry harassment. Several
States in India have set-up women companies in their Police Force to cope up with
the crime problems relating to women and children.
It is significant to note that India has the credit of setting up the first
women police station in the world. It was set up at Calicut in the State of
Kerala on October 27, 1973. Thereafter, the Mahila police stations (Thanas) were
established in Madhya Pradesh in 1987 and the States of Rajasthan and Jammu and
Kashmir have set up women police station in 1990. The Government of Madhya
Pradesh has set-up five, women police stations' which are exclusively manned by
the women police so that incidents of atrocities against women could be
reduced and women get ample opportunities to register their complaints to the
women police officials posted at these stations without fear and hesitation.

CONCLUSION:
With the opening of Mahila police stations, people especially women, feel
their complaint will be dealt with faster and that they will get prompt relief.
However, non-functioning of the Mahila police stations during night hours is a
cause of inconvenience for the genuine complainants as they have to take their
complaints to man-manned police station or have to wait till next day morning.
The Central Reserve Police Force is also raising women's battalion in an
endeavor to create a force of female police to be deployed in specific situations.
 3. Open Prison as a part of Jail Reforms
Meaning:

In Reformative Punishment does not support the traditional inhuman jails

with bars but is more liberal and supports the concept of open prisons, which is a
trust-based prison with minimum security. The concept of Open prisons was first
developed in U.K in the 1930s and was based on the idea of ‘carrots’ rather than
‘sticks.’

This open prison helps the prisoner to gradually connect with the world
before the release.

BENEFITS:
• Reduce overcrowding and operational costs in prison administration.
• Reduce the psychological pressure and lack of confidence when they
assimilate into society.
• Develops a humane attitude about the offenders in society.

Open jails the prisoners are given the liberty to:

• To live with their families

• Allowed to find employment
• Prisoners can move out of the prison for their work and are supposed to
come back to the prison campus after their working hours.

Involve the prisoners in activities like:

• Farming,
• Animal husbandry etc.

Convicts can be sent to Open jails for two purposes:

 • For the purpose to slowly cut down his/her level of socialization, instead
of directly confining the convict in a closed prison, as this can negatively
affect the mental health of the prisoner.
• Secondly, in order to help the prisoner to slowly re-socialize with the
world. While serving in the closed prison, the prisoner is bound to lose
touch with the outside world and hence wouldn’t be able to rehabilitate
himself after the release.

In India currently only the second scenario is accepted, there are 69 Open Jails:

• Rajasthan (29), and

• Maharashtra (13) and others

CONCLUSION:

The concept of open prison has existed in India since almost 7/8 decades,
however, many states still do not have enough open prisons. With the current
scenario of overcrowding of Jails, it is extremely important to build and utilize the
open prisons. Open prisons are excellent in providing rehabilitative justice, as it
helps the convicts to re-socialize with the world before they’ve completed their
sentence.
 4. PRISON REFORMS:
INTRODUCTION
Criminal Justice reforms include reforms in Judiciary and the justice system,
Police reforms and prison reforms. Though all 3 reforms are equally important to
society at large, prison reforms get the low level of attention in most of the
countries including India. This is why it is said Prison is a recruitment center for
the army of crime.
Present condition of Prison in India:
NCRB 2019 data says there are 1350 functional jails in India, with a total
capacity of approx. 4 Lakh prisoners but actual strength exceeds 4.78lakh. In
that 4.3% are women and 69.05% (approx. 3.3 lakh) were under trials and
only 30.11% are convicted for crime. Occupation rate in all prison is on an
average 118.5%. In general, under trials spend three months to five years in jail
before getting bail.
Need for prison reforms:
• Indian prisons face three long-standing structural
constraints: overcrowding, understaffing and underfunding. The
inevitable outcome is subhuman living conditions, poor hygiene, and violent
clashes etc.
• Extradition of fugitive under UN Convention directly depends on prison
reforms
1. g.: India lost the case of bringing KIM DEVY from Denmark who is
accused of PURILA ARMS DROP CASE.
• under trials lose four of their fundamental rights: the right to liberty,
freedom of movement, freedom of occupation, and freedom of dignity. And
the legal right to vote as well.
• NHRC figures show that prisoners cut off from family and friends had a
50% more chance of committing suicide than those outside.
• While 33% of the total requirement of prison officials still lies vacant. Police
personnel in India is 181/lakh population which is much less than the
UN prescribed 222/lakh.
Challenges in prison reforms:
• Prison is a State subject.
• Prison Act 1894, which governs prisons with modifications is more than a
century old and focus more on keeping them alive (headcount) not reform
and rehabilitation.
• No separation between hard hand criminals and petty under trails.
Committees on Prison reforms:
Justice Mulla Committee 1983:
• All India cadre for prison staff and Bringing prison under the concurrent list
• Government should form a National Policy on Prisons
• Government to use alternatives to imprisonment such as community service,
etc.

Justice V. R. Krishna Iyer committee on women prisoners 1987:

• Separate institutions with women employees alone for women offenders.
• Necessary provisions to restore the dignity of women even if convicted.

Committee under the chairmanship of Director General, Bureau of Police

Research and Development (BPR&D) 2005:
• used the reports of Justice Mulla Committee Report & Justice Krishna Iyer
Committee and made several additional and new recommendations. It
also drafted a National Policy on Prison Reforms and Correctional
Administration, 2007.

Justice Amaitava Roy panel on prison reforms:

In 2018, the Supreme Court appointed this panel. The committee submitted its
report on February 2020 with major recommendations includes
• For overcrowding
o Special fast-track courts should be set up to deal with petty offences.
o Lawyers – prisoners ratio: there should be at least one lawyer for
every 30 prisoners.
• For Understaffing
o The Supreme Court should pass directions to start the recruitment
process against vacancies
o There should be use of video-conferencing for trial.
• For Prisoners
o Every new prisoner should be allowed a free phone call a day to his
family members to see him through his first week in jail.
o Alternative punishments should be explored.
Solutions:
• Government should frame a National Policy on prison and form a National
Commission on prisons to look into matters more seriously.
• Ensure the holistic development of prisoners like stress management, Yoga,
etc.
• Ratifying the UN Convention against torture and sensitizing the staffs about
the need to treat prisoners as humanely as possible.
• Changing the people’s attitude that “Everyone inside the jail is not a
criminal, he is either an offender nor an under trail”.
• Increasing the budgetary allocation of the Criminal Justice System.
• Encourage Interactive and community policing in all possible ways.
• Open prison or semi open prison has to be encouraged like that in UP and
Rajasthan.

5. Custodial death
Introduction
Torture and violence by police in custody have been a big issue for a long
time. The numbers of such incidents have increased over the years in many parts of
the world and India. It is a fact that police resort to third-degree methods for
obtaining confessions and statements from the accused. Such methods often result
in serious injuries and even death. It is also a fact that unable to bear such torture
and humiliation, the victims are forced to commit suicide.

After custodial death of Jayaraj and Benix in Tamil Nadu, India, there
has been large scale anger over the issue and demands for reforms in policing and
bringing in adequate mechanisms, making the culpable officers accountable for
their misdeeds. We have certain remedies in the IPC to address this issue.

Custodial death:
 Custodial deaths are events of the demise of persons who are detained by
police during pretrial or after conviction. Custodial deaths can be broadly classified
into three types –

1. Death in police custody;

2. Death in judicial custody; and
3. Death in custody of army or paramilitary force.

Custodial Death is widely referred to as death that happens to a person

who is under trial or has already been convicted of a crime. It can be due to
natural causes like illness or may also happen due to suicide, infighting among
prisoners but in many instances, it is police brutality and torture that is the reason
behind the death.

The issue is very controversial and complicated. Often, the victims are
tortured before they are arrested, i.e. before they are taken into custody, which
helps the police conveniently claim that these are not incidents of custodial
violence, and the injuries have happened before the arrest. Sometimes, before the
arrest, the victims are killed by fake encounters. This is also a form of custodial
death, which becomes very hard to prove. This results in great difficulty in
identifying custodial violence and the resultant death that occur after it.

CONCLUSION:

Custodial deaths are one of the highest forms of violation of human rights.
It is a blunt attack on the right to life and liberty guaranteed by the Indian
Constitution. Individuals accused of or convicted of crimes are entitled to a fair
trial, safety, and security in police and judicial lock-ups and Correctional Homes.
But the law-enforcing authorities often fail miserably in discharging their
constitutional obligation and there is an all-out effort from the perpetrators to cover
up their misdeeds.
 1. Victimology
Victimology first emerged in the 1940s and ’50s, when several criminologists
examined victim-offender interactions and stressed reciprocal influences and
role reversals.
Thus, Victimology is defined as the science which studies criminal -victim
relationship.
Victimology is the study of victimization, including the psychological effects on
victims, relationships between victims and offenders, the interactions between
victims and the criminal justice system—that is, the police and courts, and
corrections officials—and the connections between victims and other social
groups and institutions.
Victimology as a science has revealed several eye opening facts. It is therefore
necessary to study the personality and behaviour traits of the victims who at
times do exhibit such provocative behaviour.
By systematically investigating the actions of victims, costly mistakes could be
identified and risk-reduction strategies could be discerned.
On one hand there is a need for reformation of offenders, while on other,
rehabilitation of victims is equally important since simply punishing the
offenders would provide only emotional satisfaction without helping the victim
or his relative in any way. Studying victims or offenders would help in
formulating better policies, reformative mode of punishment and rehabilitation
of victim which would thus reduce crime.
Thus, the aim of victimology is to find causes and solutions by various means
for prevention of crime and to also to help the sufferers of crime.
Demographic characteristic of Victims:
• Trusting strangers :
Oversensitive, emotional and easily trusting people make themselves a
target and become victim of some or other crime.
• Avarice :
People get easily carried away by the scheme and spiritual guides which
cause them to be a victim of various crime like the money will be double
within short time scheme etc. its their own avarice they are falling victim
to.
• Superstition :
Instigated and misguided by so called sages even innocent people
sacrifice human beings to thwart evil effects or to locate hidden treasures.
• Extreme ideologies :
 It includes persons with misconceived ideologies. They are fanatically
firm and obstinate in their view be it about religion , nation , politics.
When a person finds his ideology being rejected and attacked, having
failed in convincing tother, decided his fate and commit crime against
himself under the influence of such ideology. Here victim himself
become an offender.
• Family Problems:
Various family problems leads to crime like several cases are registered
where the head of family on failing to pay dents, induces family members
to commit suicide with him and they succumb to this state of despair.
• Psychological problem :
People with intellectual disability are three times more likely to be
victims of physical, sexual assault and robbery than those without
disability.
• Charismatic personality :
Victims generally fall prey to criminals having impeccable demeanour,
lavish lifestyle etc. such criminals have an infallible insight to judge the
weakness of their victims.

Other factors can be socio-legal issue. Age factor, uncivil habits,

ambition etc.

2. Prostitution :
Prostitution is the practice or business where people takes part in sexual
activity in exchange for money and a person who is engaged in this field
is referred as a prostitute. It is one part of the sex business, alongside
pornography, or any other sexual entertainment.

Factors :

• Easy Money :
People do not wish to put efforts or do hard work to earn livelihood and
therefore may resort to prostitution. These characteristic are generally
viewed as sex delinquency too where people enjoy physical pleasure and
make livelihood from same.
• Victim of human trafficking
Having been abducted several people are pushed in the flesh trade and are
not able to come out od this chaos
• Poverty
Due to impoverished condition and several mouths to feed several women
are forced to enter the sex trade
• Luxurious lifestyle
People who aspire for better life and do not have means to achieve the
same easily get involved in prostitution to satisfy their need
• Failure for rehabilitation
When people realise that they may not be accepted by the society or will
not be able to get dignity again, they continue to live in such situation and
do not give up prostitution
• Sex Racketing
In these cases, generally sex is used for commercial or business purpose.
It is forced form of prostitution where girls are photographed and later
might be blackmailed to indulge in forced sex. Sec racketing is also
rampant where young aged girls are sold off by their parents or relatives
for money.
• Physical pleasure
This is also one of the reason of prostitution

Prostitution is grave problem in country and human trafficking is

rampant.
Prostitution being legalised on one hand can help person if not paid or ill
treated to file complaint. Help people to get treatment easily in sexually
transmitted disease and would reduce exploitation of under aged children
but on other hand may give wrong ideas to people who would resort to
easier way of livelihood.

3. Juvenile Delinquency
Introduction
the young males are prone to crime, disorder and delinquency because of
their childish impulsiveness or adolescent conflict. , noxious surrounding
, neg ec o asic n e s, ad company and other abuses and temptations would
spoil the child and likely to turn him a delinquent.
It must be conceded that the over-flowing criminality of youth cannot be
attributed to biophysical factors alone. There are other influences such as
population explosion, social, econcmic and political changes, pattern of
education, etc., which account for the growing incidence of juvenile
delinquency,
In India, special provisions providing for the care, protection, treatment,
development and rehabilitation of neglected or delinquent juveniles and
their trial and disposition are enacted under the Juvenile Justice (care and
protection)Act, 2000
 Meaning
A juvenile is an adolescent person between childhood and manhood or
womanhood, as the case may be, who indulges in some kind of anti-social
behaviour, which if not checked, may turn him into a potential offender.
It includes rebellious and hostile behaviour of children and their attitude
of indifference towards society. Certain other acts such as begging,
truancy, vagrancy, obscenity, loitering, pilfering, drinking, gambling etc.
which vicious persons very often commit are also included within the
meaning of the term juvenile delinquency.

Causes
• The industrial development and economic growth in India has resulted
into urbanisation which in turn has given rise to new problems such as
housing, slum dwelling, overcrowding, lack of parental control and
family disintegration and so on. The high cost of living in urban areas
makes it necessary even for women to take up outdoor jobs for supporting
their family financially, with the result their children are left neglected at
home without any parental control
• Disintegration of family system and laxity in parental control o\'er
children is yet other cause of increase in juvenile delinquency
• Unprecedented increase in divorce cases and matrimonial disputes is yet
another cause for disrupting family solidarity. Undue discrimination
among children or step-motherly threatened also has an adverse
psychological effect on youngsters
• The rapidly changing patterns in modern living also make it difficult for
children and adolescents to adjust themselves to new ways of life. They
are confronted with the problem of culture conflict and are unable to
differentiate between right and wrong. This may derive them to commit
crime.
• Biological factors such as, early physiological maturity or low
intelligence, also account for delinquent behaviour among juveniles. The
age of puberty among girls has gone down by three or four years on an
average. Today, Indian girls attain puberty at the age of twelve or thirteen
while they still remain mentally incapable of conceiving about the
realities of life. In result, they fall an easy prey to sex involvements for
momentary pleasure without, however, realising the seriousness of the
consequences of their act
• Migration of deserted and destitute boys to slums brings them in contact
with anti-social elements carrying on prostitution, smuggling of liquor or
narcotic drugs and bootleggers.
• Poverty is yet another factor
 • Besides the atbresaid causes, illiteracy, child labour, squalor, etc., are also
some of the contributing factors aggravating juvenile delinquency

Order that may be passed regarding juvenile.-

(1) Where a Board is satisfied on inquiry that a juvenile has committed an
offence, then, notwithstanding anything to the contrary contained in any other
law for the time being in force, the Board may, if t thinks so fit,- (a) allow the
juvenile to go home after advice or admonition following appropriate inquiry
against and counselling to the parent or the guardian and the juvenile; (b) direct
the juvenile to participate in group counselling andsimilar activities; (c) order
the juvenile to perform community service; (d) order the parent of the juvenile
or the juvenile himself to pay a fine, if he is over fourteen years of age and earns
money; (e) direct the juvenile to be released on probation of good conduct and
placed under the care of any parent, guardian or other fit person, on such parent,
guardian or other fit person executing a bond, with or without surety, as the
Board may require, for the good behaviour and well-being of the juvenile for
any period not exceeding three years; (f) direct the juvenile to be released on
probation of good conduct and placed under the care of any fit institution for the
good behaviour and well-being of the juvenile for any period not exceeding
three years; (g) make an order directing the juvenile to be sent to a special
home,
(2)The Board shall obtain the social investigation report on juvenile either
through a probation officer or a recognised voluntary organisation or otherwise,
and shall take into consideration the findings of such report before passing an
order.
(3) Where an order under clause (d), clause (e) or clause (f) of sub-section (1) is
made, the Board may, if it is of opinion that in the interests of the juvenile and
of the public, it is expedient so to do, in addition make an order that the juvenile
i conflict with law shall remain under the supervision of a probation officer
named in the order during such period, not exceeding three years as may be
specified therein, and may in such supervision order impose such conditions as
it deems necessary for he due supervision of the juvenile in conflict with law:
(4)The Board shall while making a supervision order under sub-section(3),
explain to the juvenile and the parent, guardian or other fit person or fit
institution, as the case may be, under whose care the juvenile has been placed,
the terms and conditions of the order and shall forthwith furnish one copy of the
supervision order to the juvenile, the parent, guardian or other fit person or fit
institution, as the case may be, the sureties, if any, and the probation officer.
4. Recidivism
Recidivists or crime-repeaters are often characterised as being basically
anti-social, aggressive, highly competitive, indifferent to well-being of
others and exceedingly egocentric. Thus, it can be said that an offender
who has a long criminal record and has been a frequent inmate of penal or
correctional institution and who shows scant regard for institutional
adjustment, can be characterised as a "recidivist.

Recidivist are classified into

1. Psychologically disturbed criminals who commit crime because of
their mental depravity or emotional instability. Such psychopathic
personalities should be treated in a mental hospital rather than a
penal institution.
2. Criminals who are relatively unskilled, less educated and possess
proportionately low level of ability. Such offender are
psychologically normal Persons but they suffer from inferiority
complex and are, therefore, not able to withstand the hazards of
modern complex society
3. The third category of criminals comprises persons who are
psychologically normal and possess proper education but their
identification with law violators makes them criminals. Thus
persons who indulge in communal activities of political rivalry are
often included in this category of criminals. In such cases neither
imprisonment nor reformation can serve any useful purpose
4. The fourth category of criminals consists of hardened criminals
who are professional in crimes and have embraced criminality as a
regular way of life. Such criminals quite often organise themselves
into regular group associations and syndicates and usually carry on
their activities in a well planned and organised manner. These
criminal organisations generally operate at prostitution houses,
gambling dens and illicit liquor shops.

5. Probation

“Probo” is a Latin word, the meaning of which is “I prove my

worth” i.e. to see whether he can live in a free society without
breaking the law. “Probatio” means “test on approval”.
• Probation means discharging a person subject to
commitment by the suspension of sentence, during the
regularity of conduct, and imposing conditions and on
default thereof arresting and committing him until
imprisonment is served or the judgment is satisfied .It is a
 substitute for imprisonment, a conditional suspension of
sentence.
• The term “Probation” is derived from the Latin word
“probare”, which means to test or to prove. It is a treatment
device, developed as a non-custodial alternative which is
used by the magistracy where guilt is established but it is
considered that imposing of a prison sentence would do no
good. Imprisonment decreases his capacity to readjust to the
normal society after the release and association with
professional delinquents often have undesired effects.
• Probation seeks to accomplish the rehabilitation of persons
convicted of the crime by returning them to society during a
period of supervision rather than by sending them into the
unnatural and all too often especially unhealthful atmosphere
of prisons and reformatories.
• Probation system is based on reformative theory. It is a
scientific approach. It is a rational approach towards the
causation of crime of young offenders and thus they can be
saved from becoming habitual offenders by dumping them
into jails. The probation officer insists on the problem or
need of the offender and tries to solve his problem and see
that the offender becomes a useful citizen of the society.

The Probation of Offenders Act, 1958

• The Probation of Offenders Act, 1958 is based on the individualistic
approach to the convicts and dealing with young offenders in an amicable
manner. It is believed that young offenders can be stopped from
becoming habitual offenders if probation is allowed to them. The Act
aims to provide for the release of offenders on probation or upon due
admonition and all the matters connected therewith.
• It contains 19 sections and extends to the whole of India except the State
of Jammu and Kashmir.
• The Act aims to provide a reformative system of reform of offenders and
convert them into useful and law-abiding citizens of the country.
• In 1958 the Legislature enacted the Probation of Offenders Act, which
lays down for probation officers to be appointed who would be
responsible to give a pre-sentence report to the magistrate and also
supervise the accused during the period of his probation. Both the Act
and S.360 of the Code exclude the application of the Code where the Act
 is applied. The Code also gives way to state legislation wherever they
have been enacted
Salient Features of the Act:
The Probation of Offenders Act, 1958 is enacted with an aim to yield a
mechanism where the amateur and first-time offenders are able to reform and
are kept away from the negative influence of the jails and hardened criminals:
▪ The Act provides for the release of first-time offenders after due
admonition for convicts punishable under Section 379, Section 380,
Section 381, Section 404 and Section 420 of Code of Criminal Procedure
and also to those who are punishable for imprisonment of 2 years or with
fine or both.
▪ The Act authorises the release of offenders on probation based on good
conduct, provided the offence alleged to have been committed by the
offenders is not punishable with life imprisonment or the death penalty.
▪ The Act empowers the Court to give orders for payment of a reasonable
sum to the victim for the injury caused to him and the cost of the
proceedings by the offender.
▪ The Act protects those offenders who are below the age of 21 years from
the sentence of imprisonment. However, this rule does not apply to those
who are offenders punishable with life imprisonment.
▪ The Act empowers the Courts to set the conditions in the bond for a
person released on probation and to extend the period of probation not
exceeding 3 years from the original order.
▪ The Act entrusts the probation officers to supervise the probationers
assigned to him and help them in reformation and employment.

Important Provision of the Act :\

• Section 3 - Admonition
This section deals with the power of the courts to release offenders on
admonition. The admonition is nothing but reprimand. This Section empowers
the courts to release the offenders where the offenders are released without
undergoing the penalty prescribed by the Indian Penal Code or any other
relevant law.
• Section 4 – Probation of Good Conduct
This is the most important provision. It lays down that an offender can be
released on probation of good conduct without the sentence of imprisonment by
the court.
• Section 5 – Compensation and Costs
It states that along with the orders under Section 3 and Section 4, the court can
furnish an additional order directing the offender released after due admonition
or released on probation of good conduct to pay.
• Section 14 – Duties of Probation Officers
This section deals with the duties of a probation officer. These duties are subject
to the restrictions and conditions laid down by the court in specific orders

Object of Probation
1) The object of probation is to bring lawbreakers and anti-social persons
into willing cooperation with the community of which he is a member,
thus giving him security which he needs and social protection against his
attacks on person or property.
2) The function of probation is to effect improvement in the character of the
offender and permanent rehabilitation and reformation of the offender.
3) Probation involves molding of the individual’s habits in a more
constructive way.
4) It’s a substitute for imprisonment. Punishment will not serve the purpose
in all cases of offenders.
5) The object is that an accused person who is convicted of a crime should
be given a chance of reformation which he would lose by being
incarcerated by prison.
Types of Probation
There are various types of probation that can be ordered to the offender:
Supervised probation: There lies a condition that the offender must check in
with the probation officer at regular intervals by mails, phones or like means.
Unsupervised Probation: The offender has freedom from probation officer but
this does not mean that he is free from court specified orders. Such probation is
given for less serious or non-violent crimes.
Community Control Probation: The offender under this probation is confined
to the boundaries of home and permitted just to attend work or school. Under
this he is traced by the ankle tracking system.
Shock Probation: The defendant under this is captured in prison for short time
period in order to ‘shock’ him into probation conditions.
Crime- Specific Probation: Under this, judge orders specific conditions to be
fulfilled in order to avoid happening of the same crime again.

Benefits of Probation
There are many ways in which probation benefits the society. Some of them are
as follows:
➢ It helps in de-congestion of prisons.
➢ Helps in providing release options for non-criminal.
➢ Helps in bringing reform in person, thereby affecting society directly and
indirectly.
➢ By providing employment opportunities, the offender can contribute to
the national income of the country.
➢ Prevents affecting mind of young petty offenders by hardcore criminals.
➢ Prevents convict further from committing any crime.

7.Parole
Parole is the release of a prisoner, either temporarily for a special purpose
or completely before the expiry of a sentence, on the promise of good
behavior ; such a promise is known as a word of honour provided in the
parole order.
Therefore, in simple words, Parole is the pre-mature conditional
temporary release of a prisoner on the terms of abiding by the conditions
along with the observance of certain restrictions to avail the privilege of
returning back to the society and socialize with family and friends
keeping in mind correctional theory and preparing to return back to his
social life. It is mere suspension of the sentence for time-being keeping
 the quantum of sentence intact. If the paroled prisoners violate the
conditions on which they are released, they may be returned back to the
prison.
Object of Parole
Parole leaves are progressive measures of correctional services. The main
objectives to release the prisoners on leave are as follows:

1. To enable the prisoner to maintain continuity with his family life and deal
with family matters.
2. To save the prisoner from evil effects of continuous prison life.
3. To enable the prisoner to maintain and develop his self-confidence.

Types of Parole:

a) Regular Parole
All prisoners eligible for furlough shall be eligible for regular
parole for the following stated reasons:
• Delivery of child by wife (except high security risk
prisoners)
• Serious illness of father/mother/spouse/ son/daughter
• In case of natural calamities such as flood, house collapse,
earthquake, fire etc.
• To pursue the filing of special leave petition before supreme
court against a judgment delivered by High Court convicting
or upholding the conviction, as the case may be.
b) All convicted persons except foreigners and those serving death
sentence may be eligible for emergency parole for 14 days for
reasons like death of relative. provided that no extension can be
granted to emergency parole. Emergency parole is granted by
Superintendent of police or marriage of himself or relative. and the
authority approving emergency parole shall decide whether to
grant parole under police escort or with a condition to report daily
to the local police station depending upon the crime committed by
the prisoner and his conduct during his stay.

8. Difference between Probation and Parole

1. Probation refers to the sentence given to the criminals, in which they

remain out of prison, under the supervision of an officer and follows the
rules set forth by the court. Parole connotes the before time release of the
 inmate, on the condition that the inmate will be under the supervision of
the authority and detention will be resumed upon the non-compliance of
conditions specified.
2. Probation is granted by the judge instead of the imprisonment, whereas
parole is nothing but a form of conditional release from the prison.
3. The decision of probation of an accused or suspect is taken by the court.
Unlike, the parole board takes the decision regarding parole of a prisoner.
4. The probation is granted to the accused before incarceration, i.e. in spite
of directly sending the accused to the jail, they are given a chance to
rehabilitate themselves, through this process. On the other extreme,
parole is allowed after the offender has completed a specified portion of
their sentence term in prison.
5. Probation is awarded to those person’s who have no prior criminal record
so far and also for the crimes that do not involve violence. As against,
parole is allowed to those criminals which are already in jail, and also
available to serious offenders, who pursue good conduct, during the term
of their sentence.
6. A person who is granted probation, reports to the probation officer,
however, failure in reporting to the appropriate authority may lead to
resentencing to jail, for a particular period. Conversely, the offender
under parole has to report to the parole officer, but in case if the accused
defaults in reporting without reasonable cause, the offender is sent back
to the jail on the grounds of the original sentence.

Comparison Chart

BASIS FOR
PROBATION PAROLE
COMPARISON

Meaning Probation is the Parole implies the early

suspension of sentence release of the convict before
of an offender and the expiry of the sentence
allowing them to stay in term, to serve the rest of the
the community while protion in the community,
inculcating good while ensuring good
behavior, under the behavior and subject to
supervision of an officer. specific conditions.

Nature Determinative Administrative

 BASIS FOR
PROBATION PAROLE
COMPARISON

What is it? Alternative to jail Conditional release from

prison

Imposed by Court Parole Board

Grant Prior to the incarceration. After the offender has

completed a certain portion
of his prison sentence.

Allowed to First time offenders and Criminals that are already

crimes that does not under detention.
involve violence.

Offender reports Probation Officer Parole Officer

to

9. Probation Officer
Probation officers help offenders fulfill their probation by employing various
monitoring techniques and arranging additional services as may be required.
They act as an intermediary between judges and offenders, track probationers'
progress and make recommendations.
Section 13 - A probation officer under this Act shall be—
(a) a person appointed to be a probation officer by the State Government or
recognised as such by the State Government; or (b) a person provided for this
purpose by a society recognised in this behalf by the State Government; or (c)
In any exceptional case, any other person who, in the opinion of the court, is fit
to act as a probation officer in the special circumstances of the case.
(2) A court which passes an order under section 4 or the district magistrate of
the district in which the offender for the time being resides may, at any time,
appoint any probation officer in the place of the person named in the
supervision order.
 Explanation.—For the purposes of this section, a presidency town shall be
deemed to be a district and chief presidency magistrate shall be deemed to be
the district magistrate of that district.
(3) A probation officer, in the exercise of his duties under this Act, shall be
subject to the control of the district magistrate of the district in which the
offender for the time being resides.

Duties of Probation Officer – Section 14

A probation officer shall, subject to such conditions and restrictions, as may be
prescribed,—
(a) inquire, in accordance with any directions of a court, into the circumstances
or home surroundings of any person accused of an offence with a view to assist
the court in determining the most suitable method of dealing with him and
submit reports to the court;
(b) supervise probationers and other persons placed under his supervision and,
where necessary, endeavour to find them suitable employment;
(c) advise and assist offenders in the payment of compensation or costs ordered
by the Court;
(d) advise and assist, in such cases and in such manner as may be prescribed,
persons who have been released under section 4; and
(e) perform such other duties as may be prescribed.
Pyromania
Pyromania is a type of impulse control disorder that is characterized by being
unable to resist starting fires. People with pyromania know that setting fires is
harmful. Pyromania is an established psychiatric diagnosis in the Diagnostic and
statistical manual of mental disorders.
In pyromania there is a fascination with fire that goes well beyond the curiosity
and experimentation often displayed by children. A true pyromaniac will not feel
remorse and will not be concerned with the threat their fires may pose to life and
property. For the pyromaniac, the fire is not a means to an end but an end in
itself. There is no definitive treatment for pyromania but a combination of
behavior and cognitive therapy and drug treatment can help.
cause of pyromania isn't yet known. Similar to other mental health conditions, it
may be related to certain imbalances of brain chemicals, stressors, or genetics.
The diagnostic criteria for pyromania are:

1. deliberate and purposeful fire setting on more than one occasion;

2. tension or emotional arousal before the act;
3. intense interest, curiosity or fascination about fire (which can include fire
equipment and the consequences of fire);
4. pleasure, gratification or relief when setting or witnessing fires and their
aftermath;
5. the fire setting is not done for another motive such as financial gain, anger
or revenge, to gain recognition or to relieve boredom, and is not done in
response to a delusion or hallucination or due to impaired judgment (such
as through intoxication); and
6. the fire setting is not better accounted for by conduct disorder, antisocial
personality disorder or a manic episode.

Kleptomania

Kleptomania is the inability to resist the urge to steal items, usually for
reasons other than personal use or financial gain. kleptomania is classified
in psychiatry as an impulse control disorder.

The Compulsion to Steal at times a person who commits the crime of theft
such as shoplifting may be acting under a compulsive mental disorder
commonly known as Kleptomania. This “irresistible impulse” to steal occurs
unexpectedly. There is no planning to the crime. Kleptomania is the recurrent
inability to resist urges to steal items that a person generally does not really
need and that usually have little value.
 Kleptomania is a rare but serious mental health disorder that can cause much
emotional pain if not treated. It is a type of impulse control disorder a
disorder that’s characterized by problems with emotional or behavioral self-
control.

The M’Naghten rule

The M'Naghten rule is a test for criminal insanity. Under the M'Naghten rule, a
criminal defendant is not guilty by reason of insanity if, at the time of the alleged
criminal act, the defendant was so deranged that she did not know the nature or
quality of her actions or, if she knew the nature and quality of her actions, she
was so deranged that she did not know that what she was doing was wrong.

The M'Naghten rule on criminal insanity is named for Daniel M'Naghten, who, in
1843, tried to kill England's prime minister Sir Robert Peel. M'Naghten thought
Peel wanted to kill him, so he tried to shoot Peel but instead shot and killed Peel's
secretary, Edward Drummond. Medical experts testified that M'Naghten was
psychotic, and M'Naghten was found not guilty by reason of insanity.
Insanity was a defense to criminal charges only if, at the time of the committing
of the act, the party accused was labouring under such a defect of reason, from a
disease of the mind, as not to know the nature and quality of the act he was
doing; or, if he did know it, that he did not know he was doing what was wrong.

Sutherlands differential association theory.

Differential association theory proposes that people learn values, attitudes,
techniques, and motives for criminal behavior through their interactions with
others. It is a learning theory of deviance that was initially proposed by sociologist
Edwin Sutherland in 1939 and revised in 1947.

Differential association theory proposes that the values, attitudes, techniques and
motives for criminal behavior are learned through ones interactions with others.
This theory is remain important in criminology even critics have objected to take
personality traits in to account.

Sutherland’s theory doesn’t account for why an individual becomes a criminal but
how it happens. He summarized the principles of differential association theory
with nine propositions:

1. All criminal behavior is learned.

 2. Criminal behavior is learned through interactions with others via a process
of communication.
3. Most learning about criminal behavior happens in intimate personal
groups and relationships.
4. The process of learning criminal behavior may include learning about
techniques to carry out the behavior as well as the motives and
rationalizations that would justify criminal activity and the attitudes
necessary to orient an individual towards such activity.
5. The direction of motives and drives towards criminal behavior is learned
through the interpretation of legal codes in one’s geographical area as
favorable or unfavorable.
6. When the number of favorable interpretations that support violating the
law outweigh the unfavorable interpretations that don’t, an individual will
choose to become a criminal.
7. All differential associations aren’t equal. They can vary in frequency,
intensity, priority, and duration.
8. The process of learning criminal behaviors through interactions with
others relies on the same mechanisms that are used in learning about any
other behavior.
9. Criminal behavior could be an expression of generalized needs and values,
but they don’t explain the behavior because non-criminal behavior
expresses the same needs and values.

Punishment Theories
Deterrent Theory.
In Deterrent theory of punishment, the term “DETER” means to abstain from
doing any wrongful act. The main aim of this theory is to “deter” (to prevent) the
criminals from attempting any crime or repeating the same crime in future. So, it
states that deterring crime by creating a fear is the objective; to set or establish an
example for the individuals or the whole society by punishing the criminal. That
simply means, according to this theory if someone commits any crime and he/she
is punished by a severe punishment, then, it may result maybe that the people of
the society will be or may be aware of the severe punishments for certain kinds of
crimes and because of this fear in the minds of the people of the society, the
people may stop from committing any kind of crime or wrongful act.
Preventive Theory.
Preventive theory of punishment seeks to prevent prospective crimes by disabling
the criminals. Main object of the preventive theory is transforming the criminal,
either permanently or temporarily. Under this theory the criminals are punished
by death sentence or life imprisonment etc. Philosophy of preventive theory
affirms that the preventive theory serves as an effective deterrent and also a
successful preventive theory depends on the factors of promptness. The
profounder of this theory held that the aim of punishment is to prevent the
crimes.
Preventive theory of punishment seeks to prevent prospective crimes by disabling
the criminals. Main object of the preventive theory is transforming the criminal,
either permanently or temporarily. Under this theory the criminals are punished
by death sentence or life imprisonment etc. The idea behind this theory is to keep
offender away from the society. Some jurist criticized this theory as it is adverse
affected to the young offenders and juvenile offenders, etc
It suggests that imprisonment is the best mode of crime prevention, as it seeks to
eliminate offenders from society, thus disabling them from repeating the crime.
The death penalty is also based on this theory. This theory is another form of
deterrent theory. One is to deter the society while another is to prevent the
offender from committing the crime. Disqualification of certain rights is also use
in this theory to refrain certain activity. Reformation is also part of this theory as
accused is not connect with the society so the reformation can be done in his
behavior during his incarceration or prison period.
Reformative Theory
Reformative theory considers punishment to be curative more than to be
deterrent. According to this theory, crime is like a disease which cannot be cured
by killing rather than curing it with the medicine with the help of process
of reformation.
The reformative approach to curb crimes such as these and reform the convicts
has come up in order to protect the basic rights a human is entitled to.
Developed by psychologists, sociologists, and physiologists in order to create a
system where the convicts could be reformed and released back into society as
citizens.
The purpose of punishment is to “reform the offender as a person, so that he may
become a normal law-abiding member of the community once again.
According to this theory, the object of punishment should be the reform of the
criminal, through the method of individualization.
Rehabilitation seeks to bring about fundamental changes in offenders and their
behavior. As in the rehabilitation generally works through education and
psychological treatment to reduce the likelihood of future criminality.
He may have committed a crime under circumstances which might never occur
again. Therefore, an effort should be made to reform him during the period of his
incarceration. Study the behaviour and background of the offender and then
reformative plans will scheduled according to it for the offender.
Send to rehabilitation centers, He must be educated and taught some art during
the period of his imprisonment so that he may be able to start his life again after
his release from jail.
Utilitarian Theory
The utilitarian theory of punishment seeks to punish offenders to discourage, or
"deter," future wrongdoing. The retributive theory seeks to punish offenders
because they deserve to be punished. Under
the utilitarian philosophy, laws should be used to maximize the happiness of
society.
Under the utilitarian philosophy, laws should be used to maximize the happiness
of society. Because crime and punishment are inconsistent with happiness, they
should be kept to a minimum. Utilitarians understand that a crime-free society
does not exist, but they endeavor to inflict only as much punishment as is
required to prevent future crimes.

Retributive Theory.
The retributive theory suggests that the offender should pay for his or her crime.
Unlike the theory of deterrence and the preventive theory, the retributive theory
is a retrospective theory, it looks back. The Retributive Theory of Punishment, or
the ‘Theory of Vengeance’, as many people in the society would perceive it as, is
the most basic, yet inconsiderate theory of inflicting a penal sentence over a
perpetrator. It is based on a very small doctrine, namely the doctrine of Lex
talionis, which if translated, means ‘an eye for an eye’.
The theory aims at punishing the offender what they deserve according to the
acts already committed by them rather than prospectively stopping or preventing
them from committing crimes. A moral satisfaction is obtained from the
punishment which is given importance, as punishment is seen as “payback” as
Retributivists believe that the criminals deserve the punishment they receive.
The retributive philosophy seeks to punish the offender as they deserve to be
punished for the crime they have committed not because crime has to be stopped
or prevented. The punishment for the crime should be proportionate.
Capital Punishment
Capital Punishment is also known as a death penalty, execution of an offender
sentenced to death after conviction of a criminal offence by a court of law. Indian
Criminal justice system is one of the important parts of capital punishment.
India retained the 1861 Penal Code at independence in 1947, which provided for
the death penalty for murder. The idea of abolishing the death penalty expressed
by several members of the Constituent Assembly. In the 1980 Bachan Singh
judgment, the Supreme Court ruled that the death penalty should only be used in
the “rarest of rare” cases, but it is not clear what defines the rarest of the rare.
Minor and pregnant women are exclude from the capital punishment.
Death Penalty crimes.

• Aggravated murder
• Other offences resulting in death
• Terrorism-related offences not resulting in death
• Rape not resulting in death
• Kidnapping not resulting in death
• Drug trafficking not resulting in death
• Treason
• Military offences not resulting in death