CRIMINOLOGY

KERALA UNIVERSITY

Definition ,Nature and Scope of Criminology

Criminology is the scientific study of crimes and its treatment. It
involves the study of nature of crimes, criminal behaviours,
treatment of criminals by way of punishment etc. The term
criminology has been defined by various criminologist and
sociologist.
Prof. Sutherland defines criminology as, "the body of knowledge
regarding crimes as a social phenomena".
Dr. Kenny defines it as. “a branch of criminal science which deals
with crimes, its cause and the analysis and prevention of crimes".
The process of eliminating crimes from a society depends upon the
efficiency of the criminal law of that country, and the object of
criminology is to reduce crime and make the country’s
administration efficient by means of Court, Police Prison and such
other rehabilitation centres.
Scope of Criminology
The scope of criminology is very wide. It studies different crimes and
analyse them and find out the circumstances for the commission of
the crimes. It suggests measures to create confidence, motivation
and respect to the criminals. Criminology assumes that, "No one is
born Criminal" and therefore criminologists are of the opinion that
every criminal is curable, if treatment is given. With the
advancement of science and technology, many modern methods of
crimes had come into existence. It gives importance for the scope of
new criminological advancement. Thus the scope of criminology is
 very wide and will continue to grow till a crimeless society is
achieved.
Difference between criminology and penology
Criminology is the branch of science which deals with the crimes,
criminals and the punishments or the treatment of criminals .There is
a strong difference between criminology and penology though they
are closely related to each other. While criminology is concerned
with the study of crimes and criminal behaviour, Penology deals with
the custody, treatment, prevention and control of crimes. Both
criminology and penology comes under the branch of criminal law.
Criminologist are of the view that Criminology and Penology should
work together to eradicate criminality and to protect the society
from anti-social elements..

CRIMINAL SCIENCE
Criminal Science can be divided into three namely:
a) Criminology
b) Criminal Law and
c) Penology

(a) Criminology

According to
- Sutherland - Criminology is the body of knowledge regarding
crimes as a social phenomenon.

- Kenny - Criminology is a branch of criminal science which deals

with crime causation, analysis and prevention of crime
Criminology is then sub-divided into two,

• Criminal biology
• Criminal sociology

Criminal Biology (Physical and mental conditions of human being)

The term 'Criminal Biology' means the structure and functioning of
organisms. This may be the product heredity or gene mutation.
Sutherland classifies the condition into four namely
- Genetic
- Anatomical
- Neurological and
- Bio-chemical
Criminal Sociology
In addition to the biological, mental and psychological factors,
various social factors are to be considered in the study of
criminology. Criminologists who approach the problem of crime
causation objectively have attributed criminality to the social
conditions of the criminals. They do not support the contention that
perpetration of crime is due to the personality traits of offenders.
The criminal tendency to an extent, is the creation of social
interaction of individuals in the society.

(b) Criminal Law

Criminal law means the law enacted by legislature of a State under
its constitutional provisions applying the principles of criminology
and penology. The characteristic that distinguishes criminal law from
other sets of rules regarding human conduct is politicality, specificity,
uniformity and penal sanction.
(c) Penology
Penology is the study of prison and punishment. It is now a branch of
criminology. Punishing an offender is the duty of State. The nature
and extent of punishment varies according to the nature and extent
of the crime and the criminal laws of the state.

CONCEPT OF CRIME
Crime is the subject matter of criminology. In legal sense it is an act
which is forbidden by law. It is an act or omission in violation of
criminal law.
- Indian Penal Code, S.40 defines an offence. The word offence
denotes a thing made punishable by this Code.
- C.P.C. S.2(n) defines offence as an act or omission made
punishable by any law for the time being in force.
The concept of crime changes with the change in social conditions.
During the early period, compensation was remedy for the crime. In
the 20th century, there has been a rapid increase in crime rate all
over the globe. The loose family system, decline in value for morality
and religion, scientific advancement in technology have increased
the incidence of crime. Classification of Crime:
Crimes can be classified into
1. Personal crime
2. Property crime
3. Political crime
4. Organized crime
5. Economic crime
6. Sexual crime
7. Religious crime
8. Public Order crime
9. Social crime.
The concept of crime changes with social structures. What is came
today may not be a crime in tomorrow. Similarly, what is crime in
one place may not be a crime in another place. The increase in crime
rate is due to modern complexity of life. Criminology aims to
eradicate crimes and introducing relative method and thereby
rehabilitating the criminals. In Indian Penal code, crimes can be
classified into the follows as
1. Offences against the state
2. Crimes relating to army, Navy and Air force
3. Offences against the Public Tranquility
4. Offences relating to Public servants
5. Offences relating to election
6. Offences relating to weight and measures
7. Offences affecting decency and morality
8. offences relating to religion
9. offences relating to human body
10. offences against property
11. offences against marriage.
Elements of Crime
Criminal law is based upon the principle that , an act does not
become a crime unless done with a guilty mind. This principle is
expressed with the maxim "Actus Non Facit Reum Nissi Mens Sit
Rea".
Thus in order to constitute a crim there must be two elements;
1. Actus Reus
2. Mens Rea
Actus Reus means prohibited act. Intention along itself is not crime..
There must be a positive or negative act present. It represents the
evil intention.
Mens Rea means the mental element. The word Mens Rea is
expressed by the words intentionally, fraudulently, dishonestly and
so on. Mens rea alone may not constitute a crime if it is not
expressed through an act prohibited by law.
In Indian Penal Code both these elements are necessary to constitute
a crime. But there are certain offences where Mens Rea is not
necessary. Offences like
- Waging war against the state(sec.121)
- Sedition (Sec. 124A)
- Assaulting high officers (Sec. 152)
- Abduction (Sec.362)
- Kidnapping (Sec.359)
- Offences under the Food and Adulteration Act, Foreign
Exchange Regulation Act
etc. intention is immaterial.

There are some cases where the accused may be acquitted if he

proves that the act is done without any intention. Eg -Mistake of fact,
accident, necessity, involuntary intoxication etc.
Thus physical act and mental act both are essential to constitute
crime.
STEPS IN CRIME
There are 4 steps in a crime
1. Intention
2. Preparation
3. Attempt
4. Commission of the Crime.
Intention and Preparation itself is not a crime though it is an
essential part of the crime. But preparation to war against the state
and for dacoity preparation itself is punishable. Attempt is also
punishable like commission of the crime.

SCHOOLS OF CRIMINOLOGY
There are 4 main schools of criminology. Each school try to explain
the causation of crime and criminal behaviour in their own way
relying on the theory propounded by the exponent of that particular
school. Each school of criminology suggests punishment and
preventive measures to suit its ideology. And, each of the school
represents the social attitude of people towards crime and criminal
in a given time.

1.Pre-Classical School
Other name -Demonological School
Thomas Acqinas is the father of this schools. According to this school,
evil spirit like devil prompts a person to commit crime. This school
was prominent in 17th century. It was generally believed that a man
commits crime due to the influence of some external spirit called
demon or devil. Thus an offender commits a wrongful act not
because of his own free will but due to the influence of some
external super power. No attempt was, however, made to find out
the real causes of crime. According to this school severe punishment
is the only way to improve the criminal and so he should be
subjected to tortures so that the evil spirit in him may go out by such
tortures. The main criticism against this school is that the
commission of crime is not due to the evil spirit but due to some
psychological factors, and the critics strongly said that this theory is
purely imaginary.

2. Classical Schools
Other name –Theory of free will
Blackstone , Beccario and Bentham are the founders of this school.
According to them pleasure and pain are the basis of crime.
Bentham’s Pleasure Pain theory says that the nature has placed
mankind under the governance of two sovereign masters, Pleasure
and Pain. This theory says that the criminal has a free will to do or
not to do a crime and thus this theory is known as theory of free will.
This school paid importance for the prevention of crime through rigid
punishment. The offender must suffer what the victim has suffered
ie. An eye for eye, tooth for a tooth is the theory of punishment.
They believed that crime was done for pleasure. They introduced
Retributive theory and gave importance to same punishment for first
offender and habitual offender. The Classical school of thought was
premised on the idea that people have free will in making decisions,
and that punishment can be a deterrent for crime, so long as the
punishment is proportional, fits the crime, and is carried out
promptly.

3. Neo- Classical School

This school has a reformative approach. To them all crimes are
caused by the environment and psychological factors of the
criminals. They recommended lenient punishment in the cases of
minor, insane ,idiots etc because they a incapable of understanding
the difference between right and wrong . This school made the
distinction between the first offender and habitual offenders. This
tendency of neo-classists to distinguish criminals according to their
mental depravity was a progressive step and it emphasized the need
for modifying the classical view. Thus the contribution of neo-
classical thought to the science of criminology has its own merits.
This theory doesn’t support severe punishment.

4. Socialist School
Karl Marx is the chief exponent of this school. According to this
school economic dis-balance and class destruction are the prime
causes of crime. He says if the distribution of wealth in a society is
not equal, and if the have nots are exploited by rich community and
they fails to fulfil their basic needs, they are compelled to commit
crimes. This school suggested that only a classless society can reduce
crime. The main criticism against this school is that it gave too much
importance to Economic aspect.
5.Sociological School
Other name - Rational school
The main exponent of this school is Sutherland. According to this
school, the social environment, conflicts of culture, competitions,
changes in the social, economic and political values, density of
population., unemployment have direct relation with the crime rates
in the society. Sutherland in his "Differential Association Theory"
suggest that man become criminal by various environmental facts to
which he is exposed. A criminal must be corrected by persuasive
methods than punitive method.
6. Positive School
Other names - Typological School, Biological School , Italian school
Lombrosso, Raffaele Garofalo, Enrico Ferri are the chief exponents of
this theory. This school emphasis that the physical and mental
structure of an individual is so related with his criminal tendency. To
them criminals have a defective personality. Criminals should be
treated as a patient and reformative measures can cure them. This
theory is known as Organic Deficiency Theory.
➢ Cesare Lombroso (1836-1909)
The first attempt to understand the personality of offenders in
physical terms was made by Lombroso. He is regarded as the
originator of modern criminology. He was a doctor and a specialist in
psychiatry. He worked in military for sometime in handling the
mentally afflicted soldiers. He was the first to employ scientific
methods in explaining criminal behaviour and shifted the emphasis
from crime to criminal.
Lombroso adopted an objective and empirical approach to the study
of criminals through his anthropological experiments. After an
intensive study of physical characteristics of his patients and later on
of criminals, he came to a conclusion that criminals were physically
inferior in the standard of growth and therefore, developed a
tendency for inferior acts. He generalized that criminals are less
sensitive to pain and therefore they have little regard for the
sufferings of others. He classified criminals into three main
categories:
o The Atavists or Hereditary Criminals
o Insane Criminals
o Criminoids
 o The Atavists or Hereditary Criminals
Lombroso also termed them as born-criminals. In his opinion born-
criminals were of a distinct type who could not refrain from doing
criminality and environment had no relevance to the crimes
committed by the Atavists. He considered these criminals as
incorrigibles i.e. beyond reformation. Lombroso‘s theory used
physical characteristics as indicators of criminality. He enumerated as
many as sixteen physical abnormalities of a criminal some of which
were peculiar size and shape of head, eye, enlarged jaw and cheek
bones, fleshy lips, abnormal teeth, long or flat chin, retreating
forehead, dark skin, twisted nose and so on. His emphasis was on
human physical traits which also included biology, psychology and
environment. He revised his theory of atavism and held that only
one-third of criminals were born criminals and not all the criminals.
Enrico Ferri subsequently challenged Lombroso‘s theory of atavism
and said that it was erroneous to think that criminals were
incorrigibles. He believed that just as non-criminals could commit
crimes if placed in conducive circumstances so also the criminals
could refrain from criminality in healthy surroundings.
o Insane Criminals
The second category of criminals according to Lombroso consisted of
insane criminals who resorted to criminality on account of certain
mental depravity or disorder.
o Criminoids
The third category of criminals, according to him, was those of
criminoids, who were physical criminal type and had a tendency to
commit crime in order to overcome their inferiority in order to meet
the needs of survival.
Lombroso was the first criminologist who made an attempt to
understand the personality of offenders in physical terms. Thus he
was positive in method and objective in approach which
subsequently paved way to formulation of multiple-causation theory
of crime by the propounders of sociological school of criminology.
➢ Enrico Ferri (1856-1928)
Another chief exponent of the positive school of criminology was
Enrico Ferri. He challenged Lombrosian view of criminality. Ferri
proved that mere biological reasons were not enough to account for
criminality. He firmly believed that other factors such as emotional
reaction, social infirmity or geographical conditions also play a vital
role in determining criminal tendencies in men. It is for this reason
that he is sometimes called the founder of ‘criminal sociology‘.
The major contribution of Ferri to the field of criminology is his
Law of Criminal Saturation. This theory presupposes that the crime is
the product of three main factors:
1. Physical or geographical
2. Anthropological
3. Psychological or social.
According to him social change, which is inevitable in a dynamic
society, results in disharmony, conflict and cultural variations. As a
result of this, social disorganization takes place and social control
mechanism totally breaks down. Due to such rapid social changes,
and crime increases tremendously. This provides a fertile ground for
criminality. Ferri emphasized that a criminal should be treated as a
product of the conditions which played his life. Therefore, the basic
purpose of crime prevention programme should be to remove
conditions making for crime.
Ferri worked out a five-fold classification of criminals:
a. Born criminals
b. Occasional criminals
c. Passionate criminals
d. Insane criminal and
e. Habitual criminals
He suggested an intensive programme of crime prevention and
recommended a series of measures for treatment of offenders. He
asserted that punishment could be one of the possible methods of
reforming the criminal.
➢ Raffaele Garofalo (1852-1934)
He stressed the need for a closer study of the circumstances and
living condition of criminals. He firmly believed that a criminal is a
creature of his own environment. He was the only positivist who had
varied experience as an eminent jurist, a senator and a professor of
criminal law. He, therefore, approached the problem of crime and
criminals in an altogether different manner than those of his
contemporaries. Garofalo defined crime as an act which offends the
sentiments of pity and probity possessed by an average person and
which are injurious to the society. He placed offenders into four main
categories:
1. Murders (endemic criminals)
2. Violent criminals
3. Criminals lacking in sentiment of probity
4. Lascivious or lustful criminals
 ➢ Gabriel Tarde (1843-94)
Gabriel Tarde was a critic of positive school of criminology. He
classified criminals into urban and rural types and expressed a view
that crimes in urban areas are far more serious in nature than those
of rural places.

7. Cartographic School
Other names – Ecological School, Geographical School
A.M.Guray is the main exponent of this theory. According to this
school crime is related to the geographical location and the
availability of natural resources. Crime is different in different
countries. Eg. Smuggling is done usually in Ports, White collar crimes
occur in urban areas.

8. Clinical School
Clinical school analyses the offender as a product of his biological
inheritance and experiences of life to which he has been exposed
from infancy up to the time of the commission of crime. Clinical
school takes into account variety of factors. The main theme of
clinical school is that personality of man is a combination of internal
and external factors therefore, punishment should depend on
personality of the accused. This is known as correctional trend of
reformation through individualization.This school introduced the
concepts of probation and parole.
NEO CRIMINOLOGY
Neo criminology is the creation of computer technology. With the
advancement of computer technology, a new variety of crime known
as "cybercrimes" emerged. This is totally different from conventional
crimes. This new phenomenon cannot be handled by the
conventional methods of criminology. The development of computer
is a boon as well as a menace. The emergence of cybercrime is a
challenge to classical criminology because it has provided
innumerable opportunities to cyber criminals. Last decades of
twentieth century witnessed several sophisticated ways through
which criminals found it easy to intrude into the systems of software
and internet to commit crimes. The ramification of cybercrimes
caused immense damage to the world economy and business.
Cybercrimes have posed a new challenge in the field of criminology.
So there is an urgent need to evolve a new approach to tackle the
problems created by cybercrimes.

CAUSATION OF CRIME
Many causes were attributed which influence the offender to
commit the crime. In modem criminology there are two schools of
thought which have gained prominent about the cause of crimes.
1. Subjective Theory
2. Objective Theory

Subjective Theory
According to this theory of criminology, bio-physical aspects of
criminals is the basis of criminal behaviour. Criminals have certain
traits in their personality which tend tem to commit crimes. Such
personality traits are due to
 o anthropological (hereditary)
o biological and
o psychological reasons.

➢ Anthropological Approach
According to Lambrose, there is an established relation between
hereditary and criminal tendency. He is of the opinion that a
personality of an individual is transmitted from generation to
generation. So the criminal instincts are also transmitted from
generation to generation. So criminality is an in-born tendency.
Criminal behaviour is natural to a criminal and acquired by
hereditary. Such born criminals are called ‘Atavist’. These criminals
cannot be corrected in ordinary way.
➢ Biological Approach
According to this view, biological factors may be the cause of crime.
Dr.F.J. Gale and Coldwell are the Chief exponents of this theory. They
are of the view that the mind consists of faculties and these faculties
are related to the brain, the self-control process and also related to
our physical structure. This perspective focuses on genetic
inheritance, on chromosomal abnormalities, on psychological
irregularities or on constitutional (body type) determinant . Sex,
ecological imbalance etc are related to biological factors. The young
commit offences like gambling, drunkenness and offences involving
adventure. The aged people committed white collared crimes,
corruption etc. So the biological needs tempt the criminal behaviour.

Psychoanalytic Theory of Freud

Sigmund Freud (1856-1939), the founder of psychoanalysis,
suggested that criminality may result from either an over active
conscience or too weak conscience. Sigmund Freud’s Psychoanalysis
explains three components of the Personality: the id, the ego, and
the superego. These systems do not exist physically.

The id is the only part of the personality that is present at birth. It is

inherited, primitive, inaccessible, and completely unconscious .It is
the basic impulse in a human. The ‘id‘ contains two kinds of instincts:

-The life instincts, which are sexual instincts and biological urges such
as hunger and thirst, and
-The death instinct, which accounts for our aggressive and
destructive impulses.
The ‘id‘ operates according to pleasure principle ie; to seek pleasure,
avoid pain. It can wish, image fantasize, demand.

The ego is the logical, rational, realistic part of the personality. The
ego evolves from the id and draws its energy from the id. Ego is the
awareness of a person that he should satisfy his desire by legitimate
means. One of the ego‘s functions is to satisfy the id‘s urges. But the
ego, which is mostly conscious, acts according to the reality principle.
It must consider the real world in determining the appropriate times,
places and objects for fulfilling the id‘s wishes.

The Super ego means criticism and control. So super ego control the
impulses and passions of man. If the super ego is absent there is no
control over passions and desires and it will result in criminal
behaviour. Freaud in his psychoanalysis also provides that
suppressed sexual instincts are one of the important reasons for
abnormality and criminal behaviour. From the very birth, the human
beings have sexual impulses and he satisfies it by various modes at
different ages. If such satisfaction of sexual impulse are suppressed it
may leads to abnormality.The things in id when not satisfied leads to
criminal tendency. But if super ego is capable of overcoming this id ,
then this criminal tendency will be supressed.
 ➢ Psychological Approach
According to this view, psychological factors are causes of crime.
Criminologist who adopts this theory consider criminal behaviour not
as an offence but as diseases. Therefore criminals are treated as a
patient and the aim of punishment is to cure them and make them
law abiding citizens. Psychologists have considered a variety of
possibilities to account for individual differences such as defective
conscience, emotional immaturity, inadequate childhood
socialization, maternal deprivation, poor moral development etc.
They study how aggression is learned, which situations promote
violent or delinquent reactions, how crime is related to personality
factors and the association between various mental disorders and
criminality. Of the several psychological explanations the following
are important ones:
1. Criminal Thinking Patterns
2. Personality Defects
3. Psychoanalytic Explanations.

Mental abnormality is treated as a defence in criminal behaviour. It

was first introduced in Mc Naughtan's case [Mc Naughtan's Rule]. In
Mc Naughtan case one Daniel Mc Naughten suffered from a delusion
that Sir Robert Peel the Prime Minister of Britain had injured him. So
he wanted to kill him. But he mistook Edward Drummond, secretary
to Prime Minister for Sir Robert Peel and shot and killed him. The
accused took the plea of insanity. He was held to be not guilty by the
Jury. This roused a lot of debate in England. The case raised two
important issues. The point raised on one hand was that whether an
insane person is incapable of distinguishing between right and
wrong, while on the other hand it was argued that considering public
safety, the plea should not be accepted as defence. After careful
consideration the court concluded that Mc Naughten was not guilty
and acquitted him on the ground of his insanity. It was observed that
everyman is presumed to be sane and hence responsible for his
crime until the contrary is proved. In order to establish defence of
insanity, it must be clearly proved that at the time of committing the
crime the person was so insane as not to know that what he was
doing was wrong. There is another view about the mentally deprived
person. In certain cases a person is intellectually capable of
distinguishing between right and wrong, yet he commits Criminal act
because of his irresistible impulses. This proposition was completely
discarded after the decision of Mc Naughten case.
In order to constitute insanity as a defence for criminal action, the
Court must consider whether the offender had the knowledge about
his act and also whether the offender had the knowledge that the act
was wrong and contrary to law. Therefor all type of insanity are not
excused,only legal insanity is treated as excuse. A person is to be
legally insane when he has no capacity to know the nature of his act
or such act is whether wrong or contrary to law at the time of
commission of the offence.
Insanity under Indian Criminal law
In Indian Penal Code insanity is treated as a defence under Sec.84.
The section exempts a person who is suffering from unsoundness of
mind from criminal liability. In such a state he is unable to know what
he is doing and whether it is a wrong or contrary to law. The law says
that it is futile to punish a person who does not know the nature of
the act. Punishment is intended to act on the mind of the person to
be punished. If the defence of insanity under section 84 of Indian
Penal Code is to be granted, the circumstances which had preceded,
attended and followed the crime are to be taken into consideration
in order to know whether there were deliberation and preparation
for the commission of offence.
In Paras Ram v. State of Punjab (1981) the Supreme Court of India
held that the ceremonial beheading of a four year old boy by his
father or relative to propitiate a deity does not show of insanity of
any kind.
The Supreme Court in Meh Ram v. State (1994) observed that soon
after the incident the accused was behaving normally and was
talking coherently and admitted that he killed his wife because he
thought her to be an evil spirit and had no previous history of mental
illness. The spirit and plea of insanity was therefore not available to
the accused.
In Niman Shaw v. State (1996) the accused committed murder of two
ladies without any reason or motive ,but the accused had some
previous history of mental illness and he was not behaving normally
at the time of arrest and during investigation. So the defence of
insanity under section 84 IPC was held to be applicable in this case.

Obiective Theory
This theory says that criminal tendency is created by outside factors.
According to objective theory, there are two views regarding causes
of crimes:
o Sociological Approach
o Ecological Approach

➢ Sociological Approach
This type of crime provides that the crime causation depends on
circumstances. According to Sutherland the family background is one
of the most influential factor for the development of personality. Bad
family surroundings, culture conflicts, political changes, change in
religious ideology, economic imbalance etc. are the various factors
which tends a man for the commission of a crime.
Man is a social animal, He cannot live apart from society. Society is
one of the important socializing agent. If a society is well organized
then there is a less opportunity for criminal tendency.

➢ Ecological Approach
Ecological approach is the study of the influences on the criminals
from the point of environment. The study of ecology of crime deals
with the influence of geographical occasion of different region and
their impact on the causation of crime particular to these places .It
found that the crime rate in the same country varies from region to
region. According to Ferric, an Italian criminologist, crime behaviour
depends upon different ecological circumstances. According to
ecological view violation of customs and excise laws are common in
costal regions. Dacoity , Robbery etc. are common in thick forest.
Urban areas are affected by crimes of bank robbery and white collar
crime. So as to rural areas are frequented by crimes like crop cutting,
cattle stealing etc.

Bio-physical factors and Criminality

Biological differences in human personality also account for
criminality in human beings. The logic behind it is that structure
determines the function of the body. Bio- chemical researches have
shown that hormonal imbalance, affect the thinking power of the
brain which may lead to criminality. Likewise physiological factors
such as age, sex and certain endocrinal imbalance also seem to have
co-relation with criminality. In fact crimes are mostly committed by
persons of considerable intelligence.
Anomie theory
Criminologists have not explained the term very
clearly. The term is used to denote normlessness. The term
was used by Emile Durkheim, a French Sociologist in his
book "The Division of Labour in Society” to denote a state
in which there is no regard for moral and social standards. The
normlessness results in deviant behaviour and this results in crime.
The society without crime would be over controlled. When the
society develops towards the organic form, it is possible to be in
pathological form which is called anomie.
He formulated his theory of anomie in the context of the study of
suicide rate and crime rate. The argument of Durkheim that the
source of high crime rate in organic societies is the result of
normlessness or anomie generated by rapid social changes and
modernization. However Marxists of that time were not
willing to accept the view that when social and economic
conditions were improving, industrialization and
urbanization did not inevitably lead to high crime rate.

Strain theory
Robert Merton developed his Strain theory based
on the theory of Anomie formulated by Emile Durkheim
According to Merton there are always different classes in
a society of which one may be in top position. This class
enjoys certain privileges apart from others and having more
wealth and properties. This class tries to retain these
advantages for ever. The other groups below always try to
obtain those privileges for themselves. The conflict of their
interests create strain. This strain becomes causes of
deviant behaviour leading to criminality.
CONFLICT THEORY (Vold's Theory)
Conflict theory of criminology was propounded by Selling in 1938.
According to this theory, each separate culture forms its own norms
of behaviour. In a homogeneous society these norms are enacted
into laws and followed by the group. But, if the society is
heterogeneous,the norms of one group come into conflict with the
norms of other groups.
Vold was the main proponent of conflict theory of criminal
behaviour. According to him people are naturally group oriented. So
those who have similar or same interest come closer to form a group
to carry forward their interests. The main point of Vold's theory is
that different groups have different interests which give rise to
conflicts. Where groups have similar strength they often resolve their
conflict by compromise which lead stability in society. But if groups
are of different strength the powerful try to dominate over the weak
which creates frustration and discontent among weaker groups
which eventually leads to the commission of crimes. According to
Vold , crime is not the result of abnormality, but it is rather a natural
response on the way of life of weaker group.

Sutherland’s theory of Differential Association

This theory as an explanation of crime causation is relevant.
Sutherland has suggested that social organization consists of three
main groups viz. one supporting the criminal activities and the
second remaining neutral to criminal circumstances while the third
acting as anti-criminal. He further stated that differential association
in human organızation is a logıcal consequence of the principles of
learning by associations. This is more or less a psychological
phenomenon. Discrimination, injustice, exploitation etc.. create
certain patterns. In the course of time they form a cultural pattern. It
leads to structural violence.
The conflict theory of crime suggests that structural violence and its
effects are manifested parameters of morality, morbidity and
incarceration among different cultural groups. Once the conflict
arises and is not quickly resolved the situation leads to
confrontation. It is therefore in the interest of the society that the
causes of conflict are to be eliminated so as to avid crimes in the
society.
MARXIST / CRITICAL THEORY
Critical theories assume that human beings are the creators of laws,
institutions and structures that ultimately dominate and constrain
them. Critical theories assume that the society is characterised
primarily by conflict over moral values and conflicts between social
classes. The view that society is divided into two or more groups.
Marxists believe that capitalism is the cause of crime. This means
that, political and socio-economic unrest, racism, class and gender
discrimination and exploitation of the working class/capitalism lead
to criminality. Crimes are either committed by the ruling class to
keep the working class in place, or by the working class to strike out
against the ruling class. The group with the most power makes the
laws and controls the society. Conflict theory proposes that the law
and the criminal justice system primarily protect the interests and
norms of the most powerful groups in society, rather than those of
the society as a whole.
Karl Marx urges the lower class to unite against the ruling class,
because they have nothing to lose but their chains of oppression.
Subordinate groups appear in official criminal statistics more
frequently, because the dominant groups have control over the
definition of criminality.
SOCIOLOGICAL THEORY OF CRIME
Sociological theories of criminal behaviour can be explained under
three heads:
- Structural Explanations
- Sub-cultural Explanations
- Multiple Factor Approach
The sociologists made use of multiple-factor approach to explain the
causation of crime. The supporters of this view believe that crime is a
product of a combination of a variety of factors which cannot be
narrated in terms of general propositions. The inter-relation
between criminality and some of these conditions are as follows:
1. Mobility:
The rapid growth of industrialization and urbanization in recent years
has led to expansion of means of communication, travel facilities and
propagation of views through press and platform. Consequently,
human interaction has gone beyond limits and increased the chances
of mobility. Migration of persons to new places where they are
strangers ,offers them better opportunities for crime as the chances
of detection are minimized. Mobility is cause of social
disorganization which may result in deviant behaviour due to lack of
family control.
2. Culture Conflicts:
In a dynamic society social change is an inevitable phenomenon. The
impact of modernization, urbanization and industrialization in
modern dynamic society may sometimes result in social
disorganization and this may lead to culture conflicts between
different sections of society. The difference may be between old and
new values, local and imported values and traditional values and the
government imposed values.
3. Family Background:

Children are apt to imbibe criminal tendencies, if they find their

parents or members of the family behaving in a similar manner. The
institution of family is expected to cater to the basic needs of the
children. Therefore, the child should feel that he enjoys a certain
privilege and protection in his family and that he is loved and liked by
his parents and members of the family. This feeling of security and
warmth makes children to lean the virtues of love, respect and duty
towards others. Thus, it is through the institution of family that the
child unconsciously learns to adjust himself to the environment and
accepts the values of life such as respect for others, faithfulness,
trustworthiness and co-operation through his own life experiences. A
child brought up in a broken family is likely to fall easily into
criminality. Lack of parental control over children due to death,
divorce or desertion of parent or their ignorance or illness may lead
the children into criminal acts.
4. Political Ideology

The political ideologies gain strength through legislative process and

it directly influence the criminal patterns in a given society. With the
change in ideologies what was unlawful and illegal till yesterday may
become lawful and legal today and vice versa. The law-makers justify
these changes for the good of the society keeping in view the
changing norms of civilization and culture. Again, political changes in
a country may give rise to new political offences. functions of the
Government weakness the morale of the administrators as well as
the police, with the result there is spontaneous growth in crime-rate.

5. Religion and Crime

The changes in religious ideologies also have a direct relation to

crime in a particular region. It has been rightly said that morality can
best be preserved in a society through religion. The bond of religion
keeps persons within their limits and helps them to keep away from
sinful and criminal acts. The declining influence of religion in modern
times has tended to leave men free to do as they like without any
restraint or fear. Consequently, they do not hesitate to resort to
criminality even for petty materialistic gains.

6. Economic Conditions:

Economic conditions also influence criminality to a considerable

extent. The institution of family has disintegrated to such an extent
that control of parents over their wards has weakened thus leaving
them without any surveillance. Under the circumstances, those who
lack self-control may fall into criminality. The need for economic
empowerment of women leads to employment of women and their
other outdoor activities. Crimes such as hoarding, undue
profiteering, black-marketing, etc. are essentially an outcome of
economic changes. Now a days money is the paramount
consideration to assess the social status of a person in society.
Unemployment among the youths is another cause of increase in
crime rate. It has been generally accepted that there is a strong
relationship between criminality and economic inequality and also
between crime and unemployment. It is the social disorganization
which accounts for criminality among the poorest and not their
poverty.

7. Ecology of Crime:
Ecology is the study of people and institutions in relation to
environment. Topographical conditions also affect the incidence of
crime in a particular region or locality. It is well known that violating
of customs, excise and drug laws are more common in border areas
and coastal regions than in plains. Illegal cutting of trees and
violation of forest laws is everyday occurrence in forest regions.
Pilgrim places are the breeding ground for all sorts of anti-social
activities such as cheating, stealing, exploiting, etc. Ecology of crime
explains the influences of neighbourhood, population, topographical
factors, etc., on criminals considered from the point of view of
location. Thus ecology is undoubtedly one of the multiple factors of
crime causation.
8. Influence of Media
Mass medias like television and films have the maximum impact on
the viewers due to combined audio-visual impact. Most of serials or
films shown on television or cinema halls depict scenes of violence
which adversely affect the viewers, particularly the young boys and
girls who often tend to imitate the same in their real life situations.
The rising incidence of juvenile delinquency is essentially the result
of evil effect of violence and vulgarism and undesirable sex
exposures depicted in movies or television. Most criminologists
believe that films and television are major contributors to violent
behaviour.

TENTATIVE THEORY OF CRIME

Majority of criminologists have preferred multiple approach to
criminal behaviour. This approach emphasizes that crime generates
not as the result of a single factor. It is generated as a result of
combination of various factors.
Criminality is a part of social behaviour. This emerges from
relationship of individuals in the society. Several factors such as life
experiences, environment, different kinds of associations etc.
influence the behaviour of a person. The tentative theory of criminal
behaviour tries to understand the impact of social and cultural values
of the community.
Shaw and Mckay have developed the theory of cultural transmission.
This theory states that the traditions of delinquency are transmitted
through successive generations. Sutherland called this phenomenon
as differential social disorganization. Sutherland says that three main
causes of crime are disease, deterioration, and demoralization.
SOCIAL DISORGANISATION THEORY OF CRIMINALITY
In a society social change is inevitable. This is not bad in itself. But
sometimes it creates disharmony, conflict, cultural dichotomy etc in
the society. Social change in such a situation may produce what is
called social disorganization. Social disorganization means a decrease
of the influence of existing social rules upon the individual members
of the society ie; the society gets disorganised. In India after
independence the incidence of crime is low as compared to many
other countries. But its rate has increased in urban areas, especially
in big cities. Disorganization of society may be due to cultural
conflicts between different values existing in the society. Social
disorganisation is sometimes caused due to cultural lag. Cultural lag
is the result of the unequal growth of various components of culture
in a given society. The members of society have to follow the norms
in the society.
ORGANISED CRIME
The term organized crime refers to the unlawful activities of
members of criminal organizations that supply illegal goods and
services. Organized crime or criminal organizations are groups run by
criminals, most commonly for the purpose of generating a monetary
profit.
Some criminal organizations, such as terrorist organizations, are
politically motivated. Gangs sometimes become "disciplined" enough
to be considered "organized". An organized gang or criminal set can
also be referred to as a mob.
For example, the following activities are considered to be organised
criminal activities:
• trafficking: in arms, drugs, humans ,wildlife
• smuggling
• counterfeiting and piracy
• extortion and protection rackets
• fraud
• gambling
• Racketeering
• loan sharking
• theft, robbery, hijacking, kidnapping
• prostitution
• pornography

Some organized crime groups defraud national, state, or local

governments by bid-rigging public projects, counterfeiting money,
smuggling or manufacturing untaxed alcohol or cigarettes ,and
providing immigrant workers to avoid taxes. Organized crime groups
seek out corrupt public officials in executive, law enforcement, and
judicial roles so that their activities can avoid, or at least receive early
warnings about, investigation and prosecution.
Drug Crimes
The drug-crime category encompasses a range of offenses connected
with the use, transportation, purchase, and sale of illegal drugs.
Illegal drugs are related to crime in multiple ways. Most directly, it is
a crime to use, possess, manufacture, or distribute drugs classified as
having a potential for abuse.
WHITE COLLAR CRIME
White collar crime is crime committed by persons of respects, ability
and high social status. White collar crimes are that illegal activities
which is carried on without losing prestige. It is a crime committed by
a person of the upper class who violates the criminal law in the
course of his occupation and professional activities. White collar
crimes are very dangerous to the society in comparison to other
ordinary crimes. This crime causes great financial loss to the nation.
White-collar criminals behave in unethical ways for self-gain or for
the benefit of a business. Victims of white collar crime include the
economy, employers, consumers, and the environment. This type of
crime is barely acknowledged by the criminal justice system and
rarely prosecuted.
The following are the characteristics of white collared crimes:
▪ White-collar crimes are committed by the people of upper
socio- economic class.
▪ They are committed during the course of trade, business or
profession
▪ They are committed with a motive to earn personal gains and
profits.
▪ These crimes are commıtted with such methods and
techniques that no evidence is left.
▪ These crimes are not committed directly.
▪ White-collar crimes are committed by the persons holding high
position and influence. Therefor it is very difficult to catch
them and prove charges against them.
▪ These crimes do not attract general public.
▪ The white-collar criminals have good relations with persons of
Government and administrative level.
▪ It more effect the financial sphere of society. It creates
economic misbalance
▪ It causes loss to Government revenue.
The following are major reasons for White Collar Crimes:
• Motive to earn more and more profit.
• Passiveness of public towards those crimes
• Lengthy and defective procedure of the Court.
• Lack of effective punishment.
• Influence in Govt. department
Due to rapid economical, industrial and scientific development,
business people, professionals, industrialists, public officials etc. have
increasingly started to commit while collar crimes. The adulteration
of drugs and foodstuffs, large scale tax evasion etc. leading to
circulation of black money, violation of import and export laws are
the common while collar crimes all over the world. The professionals
like doctors by issuing false medical certificate. causing illegal
abortions commits white collared crimes. Similarly, lawyers colluding
with opposite counsel and committing such other professional
misconduct commit white collar crimes. The Govt. officials by taking
bribes, the private educational institutions by collecting capitation
fee etc. commits white collared crimes. The recent penal laws
attempt to suppress white collared crimes in India. Lokpal and
Lokayukta Bills attempted to appoint Lokpal and Lokayukata to
investigate the offences committed by top officials in India. The
increase of white collared crimes in India is due to poverty mass
illiteracy and ignorance. Through strict laws and severe punıshments,
white collared crimes can be minimized.

Sex Crimes
Sex is a natural and biological demand of all human beings. Therefor
there is no such society in this world where sex crimes are not
committed. Due to the advance of science, concept of disintegrated
family system, lack of control of parents over their children , offences
like unmarried motherhood, abortion, rape, kidnapping, abduction,
are very common.
In India sexual offences have considerably increased. In olden days in
India, there existed the system of polygamy. Now the recent
legislations like Hindu Marriage Act, Immoral Traffic Act etc. curtailed
extra marital sexual act and causes increasing of sexual offences. Sex
impulse is common to men and women, rich or poor, educated or
illiterate. It only differs in degree according to the mental and
physical condition of every individual. In the absence of legitimate
means, illegitimate means are resorted. The worst type of sex
delinquency is prostitution. Other offences are rape, adultery,
outraging the modesty of women, sodomy, bestiality, homosexuality,
exhibitions etc.
Causes of Sexual Crimes
• The disintegration of joint family system resulted in separate
family system.
• The sense of morality is gradually decreasing and the people
were attracted towards luxury.
• The people have no faith in religion and ethics.
• In modern days the parents are always busy in their office or
other profession and they have little time to watch the
activities of their grown up children. Some children take
advantages of such situations.
• Modem movies, programmes on televisions and videos inspires
people to commit sex crimes.
• Poor and cheap storybooks, and obscene photos etc. inspires
the people to commit sex crimes
Remedies of Sex Crimes
• Parents should guide their children's when they reach the
adolescent age.
 • Parents should try to develop a healthy atmosphere in their
houses.
• Vulgar photos, videos etc. should not be kept in the house.
• Parents should ensure that their grownup children's are kept
busy in some work.
• Moral and ethical education should be given to the people .
• Sex education should be given to grow up and unmarried
children and make them bother about the consequence of evil
and illegal sex.
• The Govt. must prevent obscene books, pictures and movies
etc. by suitable punishment.
• The law relating to sexual offences should be made more strict
and severe punishment to be given to the offenders.

ALCOHOLISM & CRIME

There is a definite relationship between alcoholism and criminal acts.
Alcoholism and drug additions are due to mental depravity which
make them aggressive to criminal acts like rape, murder etc.

In the present days alcoholism and drug addition are international

crimes. By alcohol and drug addition, person losses his self control
and leads to commission of crimes. They often commit crimes of
theft, extortion to obtain money for procuring drugs. Alcoholic
addition and drug addition exist both in urban and rural areas and in
all classes of society. It mostly affects adolescents and make them
habitual offenders.
Drunkenness is considered as a defence for criminal responsibility.
But only involuntary drunkenness is treated as defence. Under
Sec.85 of I.P.C. "nothing is an offence which is done by a person who
at the time of doing it by reason of intoxication incapable of knowing
the nature of the act or that he is doing what is either wrong or
contrary to law provided that the thing which is intoxicated him was
administered to him without his knowledge or against his will".
From the proviso to Sec.85 it is clear that voluntary drunkenness is
not an excuse. But in the case of ‘delirium tremens' which is an
alcoholic mental disorder caused by prolonged and habitual
excessive drinking and results loss of the faculty of reason voluntary
drunkenness is an excuse.

Control of Measures of Intoxication

The following steps have been taken by the Govt. and social
organizations to control alcoholism and drug addition;

1. Prohibition is introduced in many steps and supply of alcohol and

drugs are used under permit system.
2. Many legislation. international agreement and convention have
entered to control the narcotic drug traffic
3. Many Central and State committee to implement prohibition have
established.
4. The intoxication at public places, functions, fare wells etc. are
totally banned
5. Many enforcement agencies like Drug Controller, Central Excise
Narcotic Controller etc. have been established to enforce the control
measures.

Indian Parliament enacted the Narcotic Drugs and Psychotrophic

Substances Act, 1985(NDPS Act) for providing measures to control
and to a certain extend prevent the use of narcotic drugs. This Act
provides deterrent punishment for drug trafficking offences.
Under Sec.6 of the Act, Central Govt. constituted by notification in
the official gazette an Advisory Committee to be called Narcotic
Drugs and Psychotrophic Substances (NDPS) Consultative Committee
to advise the Central Govt. for the purpose of this Act. The
Committee shall consist of a Chairman and other members as may be
appointed by Central Govt.
Sec.7 of the Act provides for credit. This fund shall be applied by
Central Govt. to meet the expenditure incurred in connection with
the measures taken for prohibit illicit traffic in narcotic drugs.
Sec.15 to 32 of this provides punishment for the purpose of
prohibiting, control and regulate narcotic drugs and psychotrophic
substances. The intoxication habit is on the increase. The strict laws
and absolute prohibiting policy does not help much unless people
voluntarily give up the habit. Unless the consumer develops the
awareness of its ill effects, no law or rule can eradicate this offence
from the society.

THEORIES OF PUNISHMENT
There are different kinds of punishment that a person can face. In
order to understand them, first, we need to understand the theories
of the punishment. There are majorly five theories of punishment

➢ Deterrent Theory
➢ Retributive Theory
➢ Preventive Theory
➢ Reformative Theory
➢ Expiatory Theory

➢ DETERRENT THEORY
The term “Deter” means to abstain from doing an act. The main
purpose of this theory is to deter (prevent) the criminals from doing
the crime or repeating the same crime in future. Under this theory,
severe punishments are inflicted upon the offender so that he
abstains from committing a crime in future and it would also be a
lesson to the other members of the society, as to what can be the
consequences of committing a crime. This theory has proved
effective, even though it has certain defects.
There are two theories in which this theory can be divided. They are
specific deterrence and general deterrence .In specific deterrence,
punishment can educate the criminals. The punishment deter the
criminals from committing it again This is done by creating a fear that
the punishment will be repeated. While a general deterrence is
designed to avoid future crime. So, this is done by making an
example of each defendant. Thus, it frightens the citizens to not do
what the defendant did.

➢ RETRIBUTIVE THEORY
This theory of punishment is based on the principle- “An eye for an
eye, a tooth for a tooth”. Retributive means to give in return. The
object of this theory is to make the criminal realize the suffering of
the pain by subjecting him to the same kind of pain as he had
inflicted on the victim. This theory aims at taking a revenge rather
than social welfare and transformation. Retribution is the most
ancient justification for punishment. The penalty given will be
equivalent to the grievance caused by the person. This theory has
not been supported by the Criminologists, Penologists and
Sociologists as they feel that this theory is brutal and barbaric.

➢ PREVENTIVE THEORY
This theory aims to prevent the crime rather than avenging it. The
idea is to keep the offender away from the society. This criminal
under this theory is punished with death, life imprisonment etc. This
theory gives a warning that an offender if repeats the criminal act is
culpable for death, exile or imprisonment. The theory gets its
importance from the notion that society must be protected from
criminals. Thus, the punishment here is for solidarity and defence.
 ➢ REFORMATIVE THEORY
This theory is the most humane of all the theories which aims to
reform the legal offenders by individual treatment. The idea behind
this theory is that no one is a born Criminal and criminals are also
humans. Under this theory, it is believed that if the criminals are
trained and educated, they can be transformed into law abiding
citizens. This theory has been proved to be successful and accepted
by many jurists. According to this theory, the object of punishment is
to reform the offender

➢ EXPIATORY THEORY
Under this theory, it is believed that if the offender expiates or
repents and realizes his mistake, he must be forgiven. According to
this theory the sin of crime is washed away by suffering of
punishment. Sometimes it is said that crime plus punishment is equal
to innocence. The theory says that the repentance of the offender
itself is to be treated as the punishment. However this theory has not
been accepted by all legal systems.

Kinds of Punishments practiced in olden days

1. Branding
As a mode of punishment, branding of prisoners was used in many
countries. According to this mode of punishment criminals where
branded with appropriate mark on the forehead, so that they could
be identified. In India branding was practiced as a mode of
punishment during the Mughal rule. This mode of punishment is
completely abolished
2. Flogging
Flogging was one of the most common methods of punishing
criminals. In India this mode of punishment was recognized under
the Whipping Act, 1864 and finally abolished in 1955. Flogging as a
mode of punishment is being used in most of the middle east
countries even today.
3. Mutilation
Mutilation was a kind of punishment commonly used in early times.
It is a Retributive form of punishment. This system of punishment is
now prevailed in middle east countries. Under Muslim law and
ancient Hindu law mutilation was generally adopted and was treated
as one of the effective method for eliminating crimes.
4. Stoning
This way of punishment was practiced during mediaeval period. In
Islamic countries particularly in Pakistan, Saudi Arabia, even today,
stoning is prevailing. The guilty person is made to stand in a small
trench and people surround him pelt stone on him until he dies.
Though it is a punishment which is inhuman in nature, sex crimes
especially crimes against women are well under control in those
countries in which stoning is prevailıng
5. Pillory
The criminal was made to stand in a public place with head and
hands locked in an iron frame. The offender could also be whipped
or branded while is pillaring. This mode of punishment was more
cruel and brutal in from and it has no place in modern penal system.
6. Banishment
The practice of transporting undesirable criminals to far off place
with a view to eliminate them from the society is known as
Banishment. In British India, dangerous criminals where dispatched
to remote islands of Andaman Nicobar.
Punishment Provided under the Indian Penal Code
Sec.53 to 75 of the I.P.C. contains the general provisions relating to
punishment. The Court must use its discretion, while awarding
punishment. The Court must take into consideration various facts.
Sec.53 prescribes 5 kinds of punishments.
- Death Penalty
It is the highest form of punishment. It can be given in very limited
circumstances. Several countries have abolished capital punishment.
In India capital punishment is provided as an alternative punishment
and in rarest of rare cases. In India capital punishment is executed by
hanging by rope method Sec.354(3) of Cr.P.C. While sentencing
capital punishment the Court must provide the reason for the same
The Constitution of India has invested the President of India under
Article 72 the power to grant pardon on death sentence. 2.
- Imprisonment for Life
It technically means sentence of imprisonment running through out
the remaining period of a convict’s natural life. Imprisonment for life
means rigorous imprisonment. A person convicted for imprisonment
for life may be granted remission for good conducts. The
imprisonment is 20 years for determining fraction.
- Imprisonment
It may be rigorous or simple imprisonment. Rigorous imprisonment is
the imprisonment with hard labour. Imprisonment includes solitary
confinement the maximum period of solitary confinement which can
be given is 3 months.
- Forfeiture of Property
It means taking away the property of criminal by the State. In such
circumstances the dependent of the convict will lose their right over
such property.
 - Fine
Fine is forfeiture of money by way of punishment. While imposing
fine the Court should consider the means of the accused to pay the
fine. There are certain offences in which fine is the sole punishment.
Commutation and Remission of Sentence
Commutation means altering the punishment into another form.
Eg. Rigorous to imprisonment.
Remission means reducing the punishment without changing its
character.
Eg. 5 years imprisonment into 1 year imprisonment.

Offences punishable with death sentence

Under Indian Penal Code the following offence punishable with
death sentence.
1. Waging war against Government of India (S.121)
2. Abetment of mutiny (S. 132)
3. Giving or fabricating false evidence which leads to the death of an
innocent person.
4. Murder (S. 302)
5. Abetment of suicide of child or insane person (S. 305)
6. Attempt to murder by life convict by which hurt is caused (S. 307)
7. Kidnapping for ransom (S. 364 A)
8. Dacoity with murder (S. 396)
9. Rape (S.376)
In the above said offence, it is not mandatory for the court to award
exclusively the sentence of death. Court can award punishment of
life imprisonment as alternative for death penalty. The Law of
Commission of India has not favoured the abolition of death penalty.
Rarest of Rare cases
The Supreme Court in Bachan Singh v. State of Punjab (1980) ruled
that death sentence should not be passed except in rarest of rare
cases. In awarding capital punishment, the members of judiciary are
divided into two ,those who are in favour of it and those who are
against it. Those who favour capital punishment say that it is a social
necessity because it has deterrent effect. Those who support the
abolition of it say that death penalty is degrading and against the
notion of human dignity.
Arguments in favour of capital punishment
1. Elimination of murderer is a fair retribution and it saves the
society from such criminals.
2. Punishment must match with gravity of offence. Worst
criminals should be severely dealt with.
3. It reveals society's reaction to cruel and barbarous acts of the
criminals.
4. One who ends another's life forfeits his right to live.
5. It provides satisfaction to the relatives of the victim and also
provides peace of mind to the members of the society.
6. It is the most effective way to protect the society
7. Certain penologists believe that death penalty is less cruel than
prolonged imprisonment.
Pardoning power of the president and Governor
The Supreme Court in K.M Nanavaty v. State of Bombay (1961) held
that it is open to the Governor to grant pardon during the pendency
of the case in the court under mercy jurisdiction. Pardoning power of
Governor and the Presıdent can be exercised only on the advice of
the council of ministers.
EUTHANASIA
The word 'euthanasia is derived from two Greek terms' Eu' and
'thanato. Eu means well and thanato means death. So euthanasia
means to die well. It is a mercy killing of a person suffering from a
terminal disease. Terminally ill means fatally ill or in a vegetative
state.
Euthanasia can be classified into four as follows.
1. Active
2. Passive
3. Voluntary (with consent)
4. Involuntary (without consent)
Active euthanasia means taking active steps to end the life of a
person who is terminally ill. Eg: giving lethal injection.
In passive euthanasia, the causing of death is done by withdrawing
medical support. If the patient, is consenting for death , it is
voluntary euthanasia. If the patient is not in a condition to give
consent because of his is in comma state, the consent of certain
other person such as parents, spouse etc. is taken. It is involuntary
euthanasia.
Euthanasia means taking off life ,of hopelessly injured to end the
sufferings or termination of human life by painless means for the
purpose of ending physical suffering. Euthanasia is not generally
accepted in India.
In Common cause v. Union of India Supreme Court held that a person
may by ‘will’ give consent of mercy killing while he remains incapable
of giving consent and suffering from incurable disease or injury.
POLICE SYSTEM
In every system of society, prevention of crime requires the service
of law enforcing agencies Their duty is to investigate crimes, arrest
the criminals and the thereby plays an active role for the
implementation of criminal justice. The word police is derived from
the Greek word ‘politeia’ which means ‘state’ or ‘administration’
History of Police system in India
The police system in India from ancient period to the present day can
be divided into three
1. Ancient period
2. Medieval period
3. Modern period

1. Ancient period
Police force has been in existence in India from very ancient times.
There are reference of police in the great epics Ramayana and
Mahabharata. The ancient jurist of India, Manu has emphasised the
need of police force for the maintenance of law and order. The
reference of police can be seen in the ancient Dharmasastras and in
Dharmasutras. During the Gupta period there was well organized
police system for maintaining law and order
2. Medieval period
There was well organized police organızation during the reign of
Mughal rulers. During this period, the police chief was called
Fauzdar. Under him there were subordinate officers called Darogas
or Kotwals. But during the decline of Mughal period the police
administration also collapsed.
 3. Modern period
After the decline of Mughal Empire the law and order was ruined
completely. The criminals were patronized by Zemindars in return of
share of booty. When the Britishers took over the country they found
that the law and order had completely been broken down. The
British administration retained the police system in India, under the
Regulation of 1816. After the mutiny of 1857, Indian police Act was
enacted in 1861.

Women police
After independence woman police have been recruited in the police
organization. The first woman police station was opened at
Kozhikode in the state of Kerala on 27the Oct 1973. With the
opening of women police station, women felt that their complaints
will be taken seriously and dealt with accordingly.

Under the Indian Constitution the police is made as a State subject

and so the State Govt. is vested with the powers of maintaining law
and order. Now there are different types of police establishments
like Central Reserve Force, Railway Security Force, Central Bureau of
investigation, Home Guard Police, Women Police etc. The Police
setup includes Constables, Head Constables, Assistant Sub-Inspector,
Sub-Inspector, Circle, Dy.S.P, Superintendent of Police, Deputy
Inspector General of Police, Inspector General of Police and Director
General of Police.
Duties of Police
1. To maintain law and orders in the society
2. To maintain security of persons and property
3 To protect public against physical dangers
4. To rescue lives in dangers
5. To regulate the traffic
6. To remove public nuisance
7. To deal with juvenile delinquencies etc.
The police can also release the accused on bond with or without
sureties. The police can also make search and make seizure and
interrogate the suspected criminals without intimidation. A
confession before a police officer is not a confession.
The police have to attend the Courts and depose the evidence in
favour of the prosecution. Tracing out proclaimed offenders, missing
persons and controlling juvenile delinquencies are also the functions
of the police. They also seek advice from experts in the field like
fingerprints, hand writing experts etc. They also employ police dogs
for investigation purpose. Though a well-established police system
has become a part of the society due to the growth of science and
technology, the criminals adopt novel methods of committing crimes
and thereby make the police force ineffective. In some countries
there is increasing interference from politicians in the day to day
working of the police. This influence made some of the police
officials corrupt, dishonest and inefficient. Peoples are loosing faith
in police system. To make the police system free from defects, there
are certain suggestions for the improvement of police force in India.
The quality of the performance of police and in the administration of
criminal justice must be improved. The strength of police force must
be increased through adequate scientific instruments and the means
of communication is provided to the police. They should be given
good salary. Well-trained and highly qualified staff should be
employed in police.
Role of Police in Crime
The main duty of police is to investigate. The police have to collect
facts, evidence and statements from witnesses to establish the truth.
He has to arrest the suspected criminals and take them into custody.
While arresting, he has to comply the provisions provided under
Article 22 of the Constitution.
Rights of Arrested person
Article 22 provided four constitutional safeguards to an arrested
person. They are,
a. Right to be informed
b. Right to representation
c. Produce before the Magistrate within 24 hours
d. Not to detain beyond the period prescribed by the Magistrate.
In D.K. Basu v. State of West Bengal, the Hon'ble Supreme Court
prescribed certain provisions to be followed by a police officer while
arresting a person.
Hierarchy of Police system
- Director General of Police (DGP)
- Additional Director General of Police(ADGP)
- Inspector General of police(IG)
- Deputy Inspector General of police(DIG)
- Senior Superintendent of Police(SSP)
- Superintendent of Police(SP)
- Additional Superintendent of Police
- Deputy Superintendent of Police (Dy.SP)
- Inspector
- Sub-Inspector(SI)
- Assistant Sub-Inspector
- Police head Constable
- Constable
Modernisation of police
Under police modernization scheme proposed by the fifth Finance
Commission, computer system was introduced in several states in
India. The Bureau of Police Research and Development Head
quarters, Delhi is involved in scientific research and development of
new technologies in police investigation methods. There are several
forensic laboratories under this institution in order to conduct tests
in connection with crimes.

CRIMINAL LAW COURTS

Criminal courts in Medieval India
During the Mughal period, Nawab was in charge of criminal law
administration. He used to decide cases punishable with capital
punishment. Offences relating to property etc. were decided by
subordinate judicial officers.
Criminal courts in British India
When the British rule began in India the administration of criminal
justice passed on to them. They carefully examined the existing
Mughal system of courts in India. Gradually they substituted it by
their own judicial pattern in India. It was to remove irrationality of
the Mughal Criminal Law. The system of criminal law introduced by
the Britishers worked satisfactorily for an almost a century and to a
certain extend even after the Indian Independence.
The criminal courts in India are given below in descending order of
hierarchy on the basis of their authority.
• The Supreme Court
• The High Court
• The Sessions Court
• The Magistrate Court
1. Supreme Court
The Supreme Court of India is the highest court in India. So the law
declared by the Supreme Court is binding on all court. It has
appellate and writ jurisdiction. Recently a new trend is seen in the
working of Supreme Court which is of awarding monetary
compensation to the victims of crimes in custodial torture, illegal
detention by criminal law administrators etc.

2. High Court
There is a High Court for each state in India. It is the highest court in
a state. It has original and appellate jurisdiction. In each district, not
being a Metropolitan area the High court may appoint Judicial
Magistrate of the first class.
In addition to it there are a number of judicial Magistrates of the
second class. The sentencing power of the various categories of
Magistrates is contained in the Code of Criminal Procedure .
1. Court of chief judicial Magistrate and chief Metropolitan
magistrate
Imprisonment up to seven year and fine.
2. Court of the Magistrate of the First Class and metropolitan
Magistrate
Imprisonment up to three years and fine upto Rs.10,000.

3. Court of Magistrate of the Second Class

Imprisonment up to one year and fine up to Rs.5000.
Lok Adalat
The phrase Lok Adalat consists two words, Lok and Adalat. Lok
denotes public opinion and Adalat means Justice. The Lok Adalat was
established as a part of the Legal Services Authorities Act, 1987. Lok
Adalat has two fold functions. It provides people with quick
sympathetic, and homely forum for dispute settlement. The Legal
Services Authorities Act 1987 provides for transferring pending cases
in courts to Adalat settlement if the parties to the case make a Joint
application indicating their intention to compromise the matter. The
procedure of Lok Adalat gives opportunity for speedy trial and
speedy justice.
Court of criminal trial
A criminal case comes before a Magistrate either on a private
compliant or on a police report. The Magistrate takes cognizance of a
case on private complaint and if there is sufficient ground for
proceedings, he shall issue summons provided it is a summons case
or a warrant in warrant cases. This is called issuance of process. Both
are for the attendance of the parties on record. Petty offences may
be dispose of summarily. If the proceeding has been instituted on a
police report the Magistrate should without delay furnish of the
police report to the accused. The trial proceedings are adversarial.
The prosecutor conducts the prosecution case and the accused
usually has his own defence lawyer. The object of criminal trial is to
give a fair trial in accordance with the established principles of
natural justice.
Deficiencies of criminal courts
There are certain drawbacks in the criminal justice system. Some of
them are given below.
- Delayed justice in many cases
- Deterioration in the quality of investigation
 - Frequent adjournments
- The lawyers for prosecution and defence are interested only in
winning cases rather than bringing the truth before the judge
- The existing laws of crime and evidence have become
outdated.
- Miserable state of clients at the hands of lawyers.
- The increase of crime rate
- Multiplicity of appeals and revisions

Fast Track Courts

Delay in courts has become a cause of concern for judiciary,
Government and parties to litigation. So the eleventh Finance
Commission recommended for creation of fast track courts for the
disposed of pending cases.
Judicial Ombudsman
Judicial ombudsman came into existence as a result of that the High
Courts in India are over burdened with pending cases. So they have
become unable to exercise effective control over subordinate
judiciary. Therefor some independent authority outside judicial
system became necessary. Judicial ombudsman can be assigned with
the function of monitoring administration of justice and other
functions.

PRISON ADMINISTRATION
Prisonisation is a form of punishment. It is also used to keep under
trials and suspects during the period of trial. Prisonisation is a
measure for rehabilitation rather than detention of offenders.The
modern penology emphasis to reform prisoners to lead a better
future life. Reformation, correction and rehabilitation of criminals
are the aims of modern penology. Prison management in India is
based on British prison system
Pennsylvania system
Pennsylvania system was introduced at Walnut Street in Philadelphia
in 1790. In the beginning only hardened criminals were put to
Solitary confinement. Ordinary criminals were confined in big rooms.
Eight to ten inmates were kept in a room. Solitary confinement of
prisoners without any work caused many miseries. A number of
prisoners died due to unbearable monotony in prison. Those who
survived their later became mad or irresponsible. In order to
overcome this horrible situation, labour and work were given to
prisoners. The representative of social welfare organizations, friends
and relatives were not allowed to contact them.
Auburn system
A prison in Pennsylvanian model was built at Auburn in New York
during the year 1818- 19. The prisoners were divided into three
categories. Oldest and hardened criminals were kept in solitary
confinement as a class in one prison apartment continuously. The
prisoners who were corrigible were allowed to work in shop during
day time and kept in cells at night. Others were kept in cells with one
day work in a week.
The difference between the two systems was that in Pennsylvania
system the prisoners were to work in isolated cells and so they could
not know each other. In Auburn system the prisoners were allowed
to work in shops during day time and they could see and know each
other without any other communication
Elmira Reformatory
The Pennsylvania and Auburn systems continued till 1870.
Succeeding years there were revolutionary change in prison
administration. The immediate reason for the change is the
introduction of Elmira Reformatory in New York which provided for
parole and probation.
Illionis prison
The opening of llionis prison marked the era of reformation in
American prison system. The cells in the prison were well ventilated
with adequate arrangement of lights. The inmates were provided
with facilities for reading and writing. The system of solitary
confinement was completely abandoned.
Ancient Indian prison
In India from ancient times a well organized prison system existed.
Brihaspathi has given much importance for imprisonment of
convicts. In Artha Sastra, Kautilya has stated that the kings of ancient
India used fortresses to lodge their prisoners. The aim of punishment
during the Hindu and Mughal periods was to deter the offenders
from repeating crimes. Prisons were places of terror and torture and
prison authorities were rough and tough. During British rule penal
reforms started in India. They took much effort to improve the
conditions of Indian prisons.
Prison reforms
The Prison Enquiry Committee appointed by the Government of
India in 1836 recommended abolition of employing prisoner on road
work. Further, necessary steps were initiated to eradicate corruption
among prisoners . Second Jail Enquiry Committee expressed their
concern over the unhygienic conditions of Indian prisons. It also
emphasized the need of proper food and clothing. Thereafter Third
Jail Enquiry Committee in 1877 made certain recommendations on
prison reform on the basis of the above enquiry committees. In 1894.
The prison Act was enacted to bring about uniformity in the working
of prisons in India. During the period from 1907 onwards efforts
were made to improve the conditions of young offenders. The Indian
Jail Reform committee in 1919-20 after satisfying foreign stressed
the need for reformative approach in prison.
After Indian independence Jail was included in the state list, as a
result, the Union Government has no responsibility in the matters
Connected with Jail. However in 1980 the Government of India
appointed All India Jail Reform Committee which suggested setting
up of a National Prison Commission in order to bring about
modernization of prisons in India.
Prison Labour
Engaging prisoners in productive activities has been accepted as the
best method for rehabilitation of offenders. The great advantage of
this method is that the wages earned by them can be utilized for
supporting their families. In this connection it is to be noted that in
State of Gujarat v. High court of Gujarat (1998) the Supreme Court
held that no prisoner can be asked to do labour free of wages.
Classification of prisoners
In the modern context in order to protect society from offenders
they were classified into two namely:
- Hardened criminals
- Casual criminals
Hardened criminals are fit for treatment in conventional jail and
casual criminals are fit for treatment in medium custody jail.
Under trial prisoners
The poor are detained in jail because of their inability to provide
sufficient sureties. The Supreme Court in Hussainara Khatoon v. state
of Bihar (1979) observed that incarceration of under trails in jails for
periods more than their actual period of sentence is clear violation of
the fundamental right guaranteed under Article 21 of the
Constitution of India.
Hand cuffing
When the prisoners are brought to court from jail usually they are
hand-cuffed. The supreme Court in Prem Sankar Shukle v. Delhi
Administration (1980) observed that hand cuffing is inhuman and
therefore unreasonable. Earlier in Sunil Batra cases the Supreme
Court has held that hand cuffing under trial prisoners is violative of
Arts, 14, 19 and 21 of the constitution
Custodial torture
A victim of custodial torture can move directly the court through a
writ petition for the protection of his fundamental right. It is
reported that most of the lock ups are without basic facilities such as
lavatories, light, water etc. After the independence, the jail and the
police and law and order were placed in the state list. Many policy
guidelines were accepted in order to reform prison system. In India
prison system is governed by Ministry of Home Affairs of
Mismanagement is one of the main causes of prisons unrest in India.
Irresponsibility on the part of the staff, insufficient financial grant to
the prison, unsuitable employees, political interference, arbitrary
behaviour of jail authorities are also the major nuisance for prison
unrest. Celebration of festivals, spiritual training like yoga job
opportunity after release etc. are the steps to be taken by
betterment of prison administration and reforms.
PAROLE
Parole is a sort of correctional method devised to bring about
rehabilitation of prisoners. So that they can adjust themselves to the
society after release from the prison. The object of parole is to find
out whether he is fit to live in the society without supervision. The
release may be given atleast after 1/3 rd of the sentence is
undergone by the offender. Parole can't be claimed as a right.
The following are the essentials for granting parole.
 • The benefit of parole is generally given to only those offenders
whose conduct is good.
• The offender has already suffered 1/3 part of his imprisonment
• The offender is released from jail on certain conditions
• If the conditions imposed on the parole are violated he can be
again sent back to jail
• The offender has to follow the orders of the parole officers
• The parole officer is expected to inspect the residence of the
parolee, his company and collect information about him

Conditions for Parole

• The parolee has to inform his where about
• He can't marry without prior permission of Parole Officer.
• He can't keep any kind of arms with him
• He can't use any narcotic drugs or alcoholic drinks during
parole.
• He should not act anything which is illegal
• He should not engage himself in gambling or prostitution
If the parolee violates the conditions, he is liable to be sent back to
jail. For this purpose the orders of the court will not be required

Recidivism (Habitual Offenders)

Recidivism is a system pertaining to recidivist. A recidivist is an
offender who has long criminal record or is a crime repeater who is
basically anti-social. The normal offenders can be reformed by
influencing physical punishment like imprisonment. But the habitual
offenders can't be improved by any method
However this problem can be solved by two ways
1. Habitual offenders should be given punishment for longer period
Sec.75 of l.P.C provides more punishment to a person who found
committing any offence after his release from jail.
2. After their release from jail, they can be controlled by sufficient
measurement. After care programme for such criminals is also
desirable.

OPEN PRISON
Actually prison means a place where prisoners are incarcerated.
Open prison system is based on the following assumptions:
• Sending a person to prison is itself a punishment.
• A man cannot be trained in captivity
Indian prisons are actually overcrowded. Therefor the system of
open prison reduces the risk of disease, noise pollution and security
alternative. The aim of open prison is to impart the sense of social
responsibility. It also solves the problem of overcrowding.
Open prison contributed mush for the correction of offenders. The
basic philosophy of open prison is that prisoners are employed in
prison labour with remuneration. The wages of the prisoners could
be utilized for the support of the family. It is also served as a device
to ease the tension of confinement in prison life.
The features of open prison
• Informal prison living in small groups.
• Creating social responsibility among inmates.
• Adequate training is given to prisoners in agriculture
and labour
 • Providing opportunities to meet relatives and friends
• Payment is given to prison labour
• The open prison is to be managed by well trained and
qualified personnel
• It allows liberal remission.
• Providing special diet for weak and sick prisoners
• Allow free and close contact with staff.
• Avoid unduly institutional detention.
Benefits of open prison
• It reduces overcrowding in prison
• Construction cost of prison is comparatively low.
• Expense for management is lower than that of closed
prisons.
• Prisoners can be engaged in production works.
The first open air prison was established in U.P. in 1952. The
prisoners kept there were never called prisoners. They were paid
wages for the work done by them. The inmates of open prison were
in many cases notorious criminals who frequently flouted prison
rules. In order to avoid confrontation with inmates the officials
transferred their rights and responsibilities to a powerful criminal
chief who commanded power and influence over the fellow
prisoners. In spite of these short comings, the open jails have
become the part and parcel of the present day prison system.

PROBATION
The term probation has been derived from the Latin word 'probare’
which means ‘to test’. The main object of probation is to give the
prisoner, a chance of improvement by suspending his sentence for
some times. It is done on the basis of his good conduct. This benefit
is not given to a dangerous criminal. It is only meant for those who
commit offence under sudden provocation or due to the weakness of
his characters.
According to the Probation of Offenders Act, 1954, when a person is
found guilty of having committed of an offence not punishable with
imprisonment for life or death penalty, and the Court is of opinion
that it is expedient to release him in probation on good conduct,
then not withstanding anything contained in any other law for the
time being in force, the Court may instead of sentencing him, direct
that he may be released on his entering into a bond during such
period not exceeding 3 years.
Essentials for Grant of Probation
1. The person should not be guilty of an offence punishable with
death or life imprisonment
2. The court must consider the following;
• Circumstances of the case
• Nature of the offence
• Character of the offender
The directions of the Court while granting probation should contain
the period of time for which it has been granted. The period of
probation should not be more than 3 years and less than I year.
Importance of Probation in Reformation of Offenders
The modern approach towards criminals is not to punish them but to
give an opportunity to reform themselves in future. Probation is one
of the important modes of this type. The importance of probation
are :
• Whenever an offender is kept under probation, he is saved
from the society of dangerous criminals who have lived among
detention in jail
• The released offender gets normal social life and relationship
and employment during probation.
 • Probation helps in reducing unnecessary crowds in jail
• The probationers are given various professional training during
the period of probation
• The feeling of self-confidence is created in the offenders
through various psychological methods. It helps in making their
character sound.
Consequence for failing to observe the conditions
If the court has reason to believe on the report of a probation officer
or otherwise that the offender has failed to observe any of the
conditions of the bond, it may issue a warrant to the probationer or
to his sureties required to attend before the court. If the court is
satisfied that the offender has failed to comply with the condition it
may sentence him for the original offence and impose penalty.
PREVENTION OF CRIME
Three areas are necessary for the prevention of crime:
1. Primary Prevention
Primary prevention indicates the location of crime such as residence,
school etc. The environment of this location is to be changed to root
out the crimes. The reason is that the locations are favouring ground
for crimes. The peace loving people move out of this crime prone
area.
2. Secondary Prevention
It is connected with law enforcing activities. The aim is to eradicate
or at least to reduce opportunities for committing crimes. This may
not be of much help because it has been proved that persons such as
recidivists, drug addicts etc. hardly respond to preventive legal
measures.
3. Tertiary Prevention
This refers to measures to be taken in order protect property and
person when there is threat against them. The increasing rate of
punishment which will deter people from committing offence has
been proved wrong.
• The criminal is essentially and ultimately a human being and
hence he should be treated accordingly.
• The period of imprisonment should be utilized in such a way as
to rehabilitate the person after release.
• The legislative process should be shaped giving importance to
correctional and similar technique.
• The conditions favouring to criminality must be effectively
controlled.
• Criminal justice administration should be socialized.

Juvenile Delinquency
The Children's Act, 1960 defined the tem delinquent child as a child
who has been found to have committed an offence. As per S.2(e), a
juvenile male is a boy who has not attained the age of 16-years and a
female girl is one who, is not attained the age of 18 years.
If the criminal behaviour is not suppressed in time, they become
hardened criminals in future. The neglected children's and
uncontrolled children have so many opportunities to be a criminal so
the priority must be given to juvenile delinquency in proceedings and
treatment.
Causes of Criminal Delinquency
1. Poor Family Background
The family background effects very much on children. The lack of
paternal control and broken home are the causes of increase in
Juvenile Delinquency. The children's belonging to poor and backward
families comparatively have more opportunities for committing
delinquencies. It has been observed that if the parents lead immoral
characters and illegal activities, then the children learn the criminal
behaviours from their childhood.
2. Economic Factor
Poverty creates many evils, sometimes a child commits a criminal act
because his basic needs are unfulfilled. Therefor he commits
offences like theft.
3. Lack of Education
Lack of education, child labour etc. are also important factors for the
increase of juvenile delinquency. When the child is actively engaged
in his studies, he hardly gets time to do any other activities.
Education improves his character and develops his personality
4. Psychological factor
Some children's are born with a immatured mind Some children's are
found very sensitive in the matter of sex likewise children who are
insulted, neglected or beaten in their houses generally becomes
criminals.
Methods to prevent juvenile delinquency
1. Education must be given compulsorily and is free of cost.
2. The children who were found orphans or homeless should be
taken to the correctional homes or special home.
3. Healthy entertainment like good films, good books etc. must be
provided to the children.
4. Various seminars and conferences must be organized to discuss
with the problems of juveniles.
5.Govt. should look into this problem seriously and execute
suggestions provided by legal experts in this points.
Juvenile Court
The juvenile Court in India are established under the Juvenile Justice
Act. The proceedings are conducted in a special Courts presided by a
Special Magistrate. The usual process of arrest, prosecution burden
of proof, conviction etc. are not followed and the trial is very
informal. The hearings and other proceedings are confidential.
Juvenile Homes
S.9 of the Juvenile Justice Act provides the constitution of juvenile
homes. The State Govt. may establish and maintain juvenile homes
necessary for the reception of neglected juveniles under this Act.
Every juvenile home must provide with accommodation,
maintenance and facilities for education. They also provide him
facilities for the development and vocational training.
Juvenile Justice Board cannot make the following orders
1. Awarding death sentence
2. Awarding sentence for life imprisonment
3. For imprisonment in default of payment of fine.
4. For imprisonment in default of furnishing security.
The purpose of the above provision is to prevent stigmatization of
the Juvenile.
Accessory
One who does an offence not principally but by participation. In
English law participants in criminal act are classified into;
a. Principle of First Degree
b. Principle of Second Degree
c. Accessory before the act
d. Accessory after the act
In Indian Law they are known as principle and abettors.
Abetment
Abetment means instigation. Sec.107-120 of lPC deals with abetment
Accomplice.
Accomplice means guilty associates. His role is comparatively lessor.
Under Sec. 306 of Cr.P.C the Court may grant him pardon and
consider him as approver. Sec.133 of Indian Evidence Act provides
that his testimony is admissible if corroboration is necessary.
Arrest
Sec.41 to 50 of Cr.P.C. deals with arrest. The word arrest means a
process by which liberty of a person is restricted. It is the restraining
of a person’s liberty in order to compel obedient to the order of the
Court or to the prevention of a crime.
Autrefois Acquit & Autrefois Convict
It means formerly acquitted and formerly convicted.
According to Sec.300 of Cr.P.C when a person has been tried and
convicted or acquitted he is not liable to be tried again for the same
offence. In the Constitution, Art.20(2) a right is confined to convicted
person, Protection from double jeopardy. It says that no person shall
be prosecuted and punished for the same offence more than once.
Confession
Confession is the voluntary acknowledgement of guilt made by the
accused before a judicial officer. Sec.24 of Evidence Act. The
recording of confession provided in Sec.164 of Cr.P.C. Confession
consists of culpatory and ex-culpatory part. Only culpatory part
amounts to confession. Confession before a police officer is not a
confession..
Crown Defence
Sec- 304 Cr.P.C: It is the defence of an accused at State expense.
FIR
First Information Report is to be prepared by the police officer in
pursuance of the first information statement. It has no evidentiary
value.
Hostile Witness
It is one who shows affinity to the opposite party. U/s 154 of
Evidence Act, the Court may allow the party who produce him as a
witness to cross examine him.
Investigation
There are 3 stages of criminal prosecution. They are Investigation,
Inquiry and Trial.
Sec.2(h) of Cr.P.C. defines investigation. It includes all proceedings
for the collection of evidence conducted by a police officer or any
other person who is authorised by a Magistrate in his behalf.
Inquiry-
Sec.2(g) of Cr.P.C. defines inquiry. It includes every inquiry other than
a trial conducted by a Magistrate or Court.
 SHORT NOTES
Good Times Laws
Under this system, an inmate could earn reduction in his term of
sentence provided, he behave well inside the prison.This system
promote discipline inside the prison.

Amnesty (Mass release)

The system of mass release of prisoners is called amnesty. It is one
mode of mitigating sentence. Amnesty was granted in United States
to all federal ex-prisoners, who worked in the armed forces.

Bar against Hand Cutting

The prisoners are quite often hand cuffed while being brought from
prison to court and vice versa for the sake of security and discipline.
Even suspects are subjected to this humiliating treatment.
In Sunil Bhadra v. Delhi Administration and in Chalse Sobharaj v.
Delhi Administration, The Supreme Court held that hand cuffing was
violation of Article 14, 19 and 21 of the Constitution, and being used
only in exceptional cases and that too with the prior judicial sanction.
It can be justified where there is a concrete apprehension that
prisoner is capable to escape and on escape likely to cause danger to
law and order and also to the public.

Police Sniffer Dogs

Sniffer dogs are used by the police for spotting out the criminals and
detection of the crime. Certain specimen of dogs are trained in the
dog school and then they join the regular service of police.
Incest
Incest is the sexual relation or intercourse between persons with in
the prohibited degrees of relationship. Incest was punishable with
death in England in 1650. In India incest though a prohibited act, is
more or less common among the societies under custom.