E Notes Criminology Unit 2

Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
E-Notes
Class : BBA LL.B/ B.A.LL.B VII Semester

Paper Code : LLB 409 (d)
Subject : CRIMINOLOGY
Faculty Name : Mr. Sunny Gulia
UNIT-2
II. NATURE OF CRIME
A. RADICAL THEORY OF CRIME

Radical theory tend to view criminal law as an instrument by which the powerful and affluent
coerce the poor into patterns of behaviour that preserve the status quo. One such view, the so-
called “peacemaking” theory, is based on the premise that violence creates violence. It blames
unequal distribution of wealth, power and other resources. It views crimes as reaction of
individual against ruling class.
Radical criminology, closely linked to critical criminology, is a Marxist approach to crime that
looks at criminality in its full social context and specifically considers how the ruling class uses
crime to further its own interests.
B. CRIME AGAINST WOMEN

“Crime against women” means direct or indirect physical or mental cruelty to women.
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Woman is subjected to criminal hardships in different forms such as are eve-teasing,

molestation, bigamy, fraudulent marriage, enticement of married women, abduction and
kidnapping, rape, harassment to women at working place, wife beating, dowry death, female
child abuse and abuse of elderly female etc.
Almost every woman have gained tolerance towards and have experienced the feeling of being
mistreated, trivialized, kept out, put down, ignored, assaulted, laughed at or discriminated against
because of her gender.
Constitutional Provisions for women

Article 14, confers on men and women equal rights and opportunities in political, economic and
social sphere.
Article 15, prohibits, discrimination against any citizen on grounds of religion, race, caste, sex
etc.
Article 16, provides for equality of opportunities matters relating to employment or appointment
to any office under the state.
Article 39(a)(d), mentions policy security of state equality for both men and women the right to a
means of livelihood and equal pay for equal work for both men and women.
Article 42, Direct the State to make provision for ensuring just and humane conditions of work
and maternity relief.
Special Legislations for Women
 Factories Act 1948: Under this Act, a woman cannot be forced to work beyond 8 hours
and prohibits employment of women except between 6 A.M. and 7 P.M.
 Maternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave with full
wages.
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 The Dowry Prohibition Act, 1961: Under the provisions of this Act demand of dowry
either before marriage, during marriage and or after the marriage is an offence.
 The Equal Remuneration Act of 1976: This act provides equal wages for equal work: It
provides for the payment of equal wages to both men and women workers for the same
work or work of similar nature. It also prohibits discrimination against women in the
matter of recruitment.
 The Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl to
18 years from 15 years and that of a boy to 21 years.
 Protection of Women from Domestic Violence Act, 2005: This Act protects women from
any act/conduct/omission/commission that harms, injures or potential to harm is to be
considered as domestic violence. It protects the women from physical, sexual, emotional,
verbal, psychological, economic abuse.
 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment
at their place of work.
 The National Commission for Women Act, 1990: The Commission was set up in
January, 1992 to review the Constitutional and legal safeguards for women.
 The Medical Termination of Pregnancy Act of 1971: The Act safeguards women from
unnecessary and compulsory abortions
 73rd and 74th Constitutional Amendment Act reserved 1/3rd seats in Panchayat and
Urban Local Bodies for women.
 Protection of Women from Domestic Violence Act, 2005: This Act protects women from
any act/conduct/omission/commission that harms, injures or potential to harm is to be
considered as domestic violence. It protects the women from physical, sexual, emotional,
verbal, psychological, economic abuse.
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 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment
at their place of work.
 The National Commission for Women Act, 1990: The Commission was set up in
January, 1992 to review the Constitutional and legal safeguards for women.
Crimes against Women under the Indian Penal Code, 1860

Acid Attack (Sections 326A and 326B)
Rape (Sections 375, 376, 376A, 376B, 376C, 376Dand 376E)
Attempt to commit rape (Section 376/511)
Kidnapping and abduction for different purposes (Sections 363–373)
Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
Cruelty by husband or his relatives (Section 498A)
Outraging the modesty of women (Section 354)
Sexual harassment (Section 354A)
Assault on women with intent to disrobe a woman (Section 354B)
Voyeurism (Section 354C)
Stalking (Section 354D)
Importation of girls up to 21 years of age (Section 366B)
Word, gesture or act intended to insult the modesty of a woman (Section 509)
C. CRIMES AGAINST CHILDREN

Crimes against children punishable under the Indian Penal Code (IPC) are:
a) Murder (302 IPC)
b) Foeticides (Crime against a foetus) Section 315 & 316 IPC.
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c) Infanticides (Crime against newborn child) (0 to 1 year) Section 315 IPC.

d) Abetment to Suicide (abetment by other persons for commitment of suicide by children)
Section 305 IPC.
e) Exposure & Abandonment (Crime against children by parents or others to expose or to leave
them with the intention of abandonment): Section 317 IPC.
f) Kidnapping & Abduction
g) Procuration of minor girls (for inducement to force or seduce to illicit intercourse): Section
366-A IPC.
h) Selling of girls for prostitution (Section 372 IPC).
i) Buying of girls for prostitution (Section 373 IPC).
Special Legislations for Children
Crime against children punishable under ‘Special and Local Laws’ are:
a) Immoral Traffic Prevention Act, 1956 (where minors are abused in prostitution).
b) Child Labour (Prevention & Regulation) Act, 1986.
D. HONOUR KILLING
Honour killings have been described as “chillingly common in villages of Haryana dominated by
the lawless khap panchayats (caste councils of village elders)”. In a landmark judgment in March
2010, Karnal district court ordered the execution of five perpetrators of an honour killing in
Kaithal, and imprisoning for life the khap (local caste-based council) chief who ordered the
killings of Manoj Banwala (23) and Babli (19), a man and woman of the same clan who eloped
and married in June 2007. Despite having been given police protection on court orders, they
were kidnapped; their mutilated bodies were found a week later in an irrigation canal.
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 In the case of Lata Singh Vs State of Uttar Pradesh and others (2007) the apex court
directed that such acts of violence or threats or harassment are wholly illegal and those
who commit them must be severely punished. India is a free and democratic country, and
once a person becomes a major he or she can marry whosoever he/she likes. The
administration/police authorities throughout the country was directed to see to it that if
any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a
woman or man who is a major, the couple are not harassed by any one nor subjected to
threats or acts of violence, and anyone who gives such threats or harasses or commits acts
of violence either himself or at his instigation, is taken to task by instituting criminal
proceedings by the police against such persons and further stern action is taken against
such persons as provided by law.
 The Supreme Court in Bhagwandas v. State (Govt of NCT) Delhi (2011) has held that
“honour killings, for whatever reason, come within the category of rarest of rare cases
deserving death punishment. It is time to stamp out these barbaric, feudal practices which
are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilized
behaviour. All persons who are planning to perpetrate honour killings should know that
the gallows await them.”
E. WITCH HUNTING
Where people on one hand worship them in name of Goddesses on the other hand kill them
considering them witch. This practice of killing is not new for Indian society rather it has its deep
roots in history.
A witch denotes women who acquire supernatural powers and are indulged in evil practices
which are omen. It is believed that they are associated to negative energy and for their betterment
and for enhancing their power they kill innocent members of society.
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They may be called in different names as Chudail, Dayan, Tohni, etc. but the zest is that they
possess supernatural powers which they use to hamper others. Therefore Witch Hunting is a
process of killing these people in order to protect the society from being harmed by them.
In name of witch hunting people kill innocent women, rape them, to acquire their property and
some time it is being used as a tool for vengeance.
There is no specific and particular national level legislation that penalises Witch hunting hence
the provisions under the Indian Penal Code 1860 can be used as an alternative for the victim.
The different sections invoked in such cases are Sec.302 which charge for murder, Sec307
attempt for murder, Sec 323 hurt, Sec 376 which penalizes for rape and Sec. 354 which deals
with outraging a woman’s modesty. Therefore, there is an immediate need for enacting a
National Law on witch hunting.
Apart from the provisions under Indian Penal Code different states have come up with different
legislation to tackle the problem of witch hunting, few of them are:
 Bihar though being most backward was the first state in India to pass a law against witch
hunting in the year 1999, which was named “Prevention of Witch (Dayan) Practices
Act.”
 Jharkhand followed it and established “Anti Witchcraft Act” in 2001 to protect women
from inhuman treatment as well to provide victim legal recourse to abuse. Basically
Section 3, 4, 5 and 6 of the concerned Act talks about the punishment which will be
granted if any one identify someone as witch, tries to cure the witch and any damages
caused to them. Whereas Section 7 states the procedure for trial.
 Chhattisgarh government passed a bill in 2005 named “Chhattisgarh Tonhi Pratama
Bill”, which was established to prevent atrocities on women in name of Tonhi.
F. FEMALE FOETICIDE
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Sex preference is a deep rooted problem in India. Families who selective against girl children
choose to abort the child before it is born. The boy child is preferred since he will carry on the
family name, provides for the elders and is not a burden on the family at the time of marriage.
Female foeticide is the earliest stage possible in the discrimination of women and girls. It is a
gender-selective abortion where a female foetus is illegally terminated solely based on the reason
that the foetus is a girl. Through recent technology developments in the past 20 years, we are
now able to detect the gender of the foetus much earlier in the pregnancy. Because of this, there
is a rapidly increasing number of gender-selective abortions performed in India. Female foeticide
occurs all over India, from the rural villages to the urbanized cities.
In 1994 the Government of India in an attempt to stop female foeticide passed the Prenatal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act. The main purpose of
enacting the act is to forbid the use of sex selection practices before or after conception and
prevent the abuse of prenatal diagnostic technique for sex selective abortion. Pre-Natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was amended
in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex
Selection) Act (PCPNDT Act) to improve the regulation of the technology used in sex selection.
G. ORGANISED CRIME
Organised crime is defined as “those involved, normally working with others, in continuing
serious criminal activities for substantial profit, elsewhere”. Organised criminals that work
together for the duration of a particular criminal activity or activities are what we call an
organised crime group. Organised crime group structures vary. Successful organised crime
groups often consist of a durable core of key individuals. Around them, there’s a cluster of
subordinates, specialists, and other more transient members, plus an extended network of
disposable associates.
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Criminal Conspiracy Sec. 120-A of the Indian Penal Code defines criminal conspiracy as:
“When two or more persons agree to do, or cause to be done-
(1)An illegal act, or (2) An Act which is not illegal by illegal means. Such an agreement is
designated as criminal conspiracy: provided that no agreement except an agreement to commit
an offence shall amount to a criminal conspiracy unless some act besides the agreement is done
by one or more parties to such agreement in pursuance thereof, merely incidental to that object”.
Section 120-B of the India Penal Code provides for punishment for criminal conspiracy.
There is no central legislation to suppress ‘gang activity’ having countrywide applicability. The
State of Uttar Pradesh, most populous and politically most powerful in enacted Uttar Pradesh
Gangsters and Anti-Social Activities (Prevention) Act,1986, which is applicable in that State
only.
Essentials of Organised crime:

Continuity: The criminal group operates beyond the life time of individual members and is
structured to survive changes in lead ship.
Structure: The criminal group is structured as a collection of Hierarchically arranged
interdependent offices devoted to the Accomplishment of a particular function.
Membership: The membership in the core criminal group is restricted and based on common
traits such as ethnicity, criminal background or common interests.
Criminality: The criminal group relies on continuing criminal activity to generate income. Thus,
continuing criminal conspiracy is inherent in organized crime. Some activities such As supplying
illegal goods and services.
Violence: Violence and the threat of violence are an integral part of a criminal group. The
violence or threat of it is used against the members of the group to keep them in line as also
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against the outsiders to protect the economic interests of the group. Members are expected to
commit, condone or authorize violent acts.
Power/Profit Goal: e members of the criminal group aim at maximizing the group’s profits. The
political power is achieved through the corruption of public officials, including legislators and
political executive.
H. WHITE COLLAR CRIME

This crime is committed during the course of their occupation. The people who are committing
this crime have usually a better understanding of technology, their respective field, disciplines
etc. White collar crimes are largely evolved from few years. And they are seen to be committed
in large organizations that cover a large number of activities. So we can say that these crimes are
common to trade, commerce, education, health etc.
It is also called as a socio-economic crime because it has a direct impact on the society. When a
white collar crime is committed huge losses on business occur which have a direct impact on the
consumers and the society. There are various numbers of frauds and scams that had been
exposed in our country from the past few years like 2g scam, havala scam, banking scam, fodder
scam and many more. Due to these frauds and scams the economy of our country has shambled.
And then to make up these losses of fraud or any scams, they increase the costs. This means
higher prices for the consumers in the way of higher taxes, government revenue, and increased
insurance costs.
Common Types Of White Collar Crime In India:
- Bank Fraud
- Bribery
- Cybercrime
- Money laundering
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- Tax Evasion
- Identity Theft
Legislation against White Collar crime

Government has made various legislation for identifying white collar crime. These legislation
contains punishment regarding these crimes.
Companies Act, 1960.
Income Tax Act, 1961.
Indian Penal Code, 1860.
Commodities Act, 1955.
Prevention of corruption Act, 1988.
Negotiable Instrument Act,
Prevention of money laundering Act, 2002.
IT Act, 2005.
Imports and Exports (Control) Act, 1950.
I. JUVENILE DELINQUENCY
Juvenile delinquency is the participation by a minor child, usually between the ages of 10 and 17,
in illegal behaviour or activities. Juvenile delinquency is also used to refer to children who
exhibit a persistent behaviour of mischievousness or disobedience, so as to be considered out of
parental control, becoming subject to legal action by the court system. Juvenile delinquency is
also known as “juvenile offending,” and each state has a separate legal system in place to deal
with juveniles who break the law.
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Who is a juvenile?
He can be defined as a child who has not attained a certain age at which he can be held liable for
his criminal acts like an adult person under the law of the country.
The term ‘juvenile in conflict with the law’ refers any person below the age of 18 who has come
in contact with the justice system as a result of committing a crime or being suspected of
committing a crime.
Who is a Juvenile delinquent?
They are often defined as children between the ages of 10 and 17 who have committed a criminal
act. There are two main types of offenders: repeat offenders and age specific offenders.
Causes:
 Poverty: Poverty is one of the major reasons for juvenile delinquency. Juveniles indulge
themselves in delinquent acts in order to meet and satisfy the primary wants of their life.
 Family: It has been widely accepted that families of delinquents are characterized by
discords, desertions and other problems. Such families have been pointed out as one of
the main causes of delinquency.
 Neighbourhood: The immediate environments of a child also affect the trend he will
adopt in connection with his personality. Juvenile delinquents largely belong to areas of
poor living conditions.
 Factors related to Mental Health: various mental health factors contribute to juvenile
delinquency. For example: Conduct disorder.
 Virtual world: Constant exposure to aggression – verbal and physical – on television
news, videos and games also contributes to increasing juvenile delinquency.
 Substance Abuse: there is a strong relationship between substance abuse and juvenile
delinquency. Substance abuse is associated with both violent and income-generating
crimes by youth.
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 Bad Peer Group: Juvenile delinquency is often caused or worsened by peer pressure
Juvenile Justice (Care and Protection of Children) Act, 2015

The Legislation that deals with all the matters concerning ‘Children in need of care and
protection’ and ‘Children in Conflict with Law’ is Juvenile Justice (Care and Protection of
Children) Act, 2015. The Juvenile Justice (Care & Protection of Children) Act, 2015, aims to
focus and change the law related to Juvenile’s i.e. children who are supposed & found to be in
conflict with the law & children in need of Care & Protection by fulfilling their basic necessities
through proper care & nourishment, protection, treatment, social integration, trainings and also
by adopting a child-friendly approach.
J. TERRORISM
Terrorism, the calculated use of violence to create a general climate of fear in a population and
thereby to bring about a particular political objective. Terrorism has been practiced by political
organizations with both rightist and leftist objectives, by nationalistic and religious groups, by
revolutionaries, and even by state institutions such as armies, intelligence services, and police.
Domestic terrorism: Violent, criminal acts committed by individuals and/or groups who are
inspired by, or associated with, designated foreign terrorist organizations or nations (state-
sponsored).
International terrorism: Violent, criminal acts committed by individuals and/or groups to further
ideological goals stemming from domestic influences, such as those of a political, religious,
social, racial, or environmental nature.
The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of India in
2002, with the objective of strengthening anti-terrorism operations. The Act was enacted due to
several terrorist attacks that were being carried out in India and especially in response to the
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attack on the Parliament. The Act replaced the Prevention of Terrorism Ordinance (POTO) of
2001 and the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–95).
K. VICTIM OF CRIME & COMPENSATION

Who is a victim of crime?
A victim is defined as a person who has suffered physical or emotional harm, property damage,
or economic loss as a result of a crime. Indian legislature has not bothered to define "Victim of
Crime" under any law and probably the Indian Judiciary is also on the same footing. The
etymological meaning of phrase suggests that it would mean or will encompass: - Anyone
suffering physical, emotional or financial harm as a direct result of a Crime.
- Spouses and children of the person who has suffered.
- Parents, foster parents, siblings, guardians or other custodians of minor victims, mentally or
physically incapacitated victims, or victims of homicide.
Compensation to the victim
The evolution of the concept can be traced both historically and theoretically. Historically the
concept of victimology in crude sense was not only part of Hammurabi's code but also existed in
developed sense in ancient Greek city-states.
The concept of compensation was also not new to India and existed in more developed sense
then the present. Manu in Chapter VIII, verse 287 clearly says that: If limb is injured, a wound is
caused or blood flows, the assailant shall be made to pay the expense of the cure or the whole.
He further in verse 288 says that : He who damages the goods of another, be it intentionally or
unintentionally, shall give to the owner a kind of fine equal to damage.
The law relating to compensation to the victim of crime that even existed in ancient civilization
of east as well as west.
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 The compensation by the State for the action of it's official was evolved by the Hon'ble
Court against the doctrine of English law: "King can do no Wrong" and clearly sated in
the case of Nilabati Behra v State of Orissa that doctrine of sovereign immunity is only
applicable in the case of tortuous act of government servant and not where there is
violation of fundamental rights and hence in a way stated that in criminal matters (of
course if there is violation of fundamental rights) this doctrine is not applicable.
 Rudal Sah v State of Bihar is the most celebrated case where the Hon'ble S.C. directed
the state to pay compensation of Rs 35,000 to Rudal Sah who was kept in jail for 14 years
even after his acquittal on the ground of insanity and held that it is violation of Article 21
done by the State of Bihar. The case of Bhim Singh v State of J&K is another important
case where Bhim Singh an MLA was arrested by the police only to prevent him to
attended the Legislative Assembly, the Hon'ble Court not only entertained the writ
petition of his wife but also awarded the compensation of Rs 50,000 to be paid by the
state.
 In the case of Bodhi Satta Gautam v Subhra Chakraborty where the Hon'ble S.C.
invented the concept of interim compensation and enforced the part third right against an
individual by saying that: This decision recognises the right of the victim for
compensation by providing that it shall be awarded by the Court on conviction of the
offender subject to the finalisation of Scheme by the Central Government. If the Court
trying an offence of rape has jurisdiction to award the compensation at the final stage,
there is no reason to deny to the Court the right to award interim compensation, which
should also be provided in the Scheme.
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Restitution
In its traditional sense, restitution has been defined as "a monetary payment by the offender to
the victim for the harm reasonably resulting from the offence". Restitution can embody both
monetary payments and in-kind services to the victim.
According to Black's Law Dictionary, restitution is an "Act of restoring; restoration of anything
to its rightful owner; the act of making good or giving equivalent for any loss, damage or injury;
and indemnification".
Restitution proactively involves the victim and offender in repairing the harm done to the victim.
Unlike retributive responses to crime, restitution has the potential to repair the financial and
perhaps relational harms that crime has left in its aftermath. Restitution provides a sanction that
is more clearly related to the offence than punitive measures, and it better restores a victim to the
place he/she occupied before the offence.
Restitution serves to commemorate the gesture of reparation and acknowledgment of
wrongdoing. Instead of completely ignoring the harm done to individual victims, restitution
acknowledges and attempts to repair the injury they have suffered.
Sd/-
Mr. Sunny Gulia
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Chanderprabhu Jain College of Higher Studies

Class : BBA LL.B/ B.A.LL.B VII Semester

Faculty Name : Mr. Sunny Gulia

A. RADICAL THEORY OF CRIME

B. CRIME AGAINST WOMEN

Woman is subjected to criminal hardships in different forms such as are eve-teasing,

Constitutional Provisions for women

 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Crimes against Women under the Indian Penal Code, 1860

C. CRIMES AGAINST CHILDREN

c) Infanticides (Crime against newborn child) (0 to 1 year) Section 315 IPC.

Essentials of Organised crime:

H. WHITE COLLAR CRIME

Legislation against White Collar crime

Juvenile Justice (Care and Protection of Children) Act, 2015

K. VICTIM OF CRIME & COMPENSATION

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