1

Discuss the relation between Criminology and Criminal Law?

Or
Distinguish between Criminology and Criminal Law?
"Criminology" is derived from the Latin crimen, which means accusation, and
the transliterated Greek logia, which has come to denote "the study of."
Therefore the term literally means "the study of crime."
Criminal law is the law relating to crimes and criminals, which connotes a
method of regulating human conduct and behavior in a given society, the breach
of which must follow Law.
Criminology explains the inter-relationship between crime and criminals and
covers all aspects of the crime and criminals including the forms of criminal
behavior. It is the study of crime and causes to commit crime and it aspires that
reformation of criminals is the ultimate goal of punishment.
The criminal law generally refers to substantive criminal laws. Substantive
criminal laws define crimes and prescribe punishments. Its ultimate object is to
secure maximum good of the community. Criminal law is a means to secure
maximum good of the community. it is a body of rules and statues that defines
conduct prohibited by the state because it threatens and harms public safety and
welfare and that establishes punishment to be imposed for the commission of
such acts.
Criminology also provides necessary background for improving law relating to
crimes as well as social norms. It enables the knowledge to the machinery, who
is engaged in the administration of criminal justice system.
Criminal Law:- The purpose of criminal law is to establish peace and
happiness in the society and to regulate law and order. To apprehend and punish
offenders.
Criminology deals in understanding various behaviors of people which are
obnoxious and anti-social and it encourages reformative treatment in dealing
with first time offenders, juvenile delinquents and insane criminals and finally it
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transforms them into law abiding citizens with the ultimate objective of
ensuring a crime-free society.

Criminal law will discourage and deter criminals from indulging in criminal
activities and to advise other people not to commit crimes, besides guiding how
to avoid victimization out of crime, and it also rehabilitate the offenders and to
incapacitate the potentiality dangerous persons in the society.
Criminology helps in improving scientific and technological knowledge and
skills required not only for controlling crime but also in designing plans to
identify the causes of crime and appropriate remedial measures.
Criminal Law: The another important objective of the criminal law is to
compensate the victims wherever possible and rehabilitate them in any other
manner for their normal living in the society, and to ensure the criminal justice
system is accountable to the society and acceptable to the people.

Criminal law relates to four important elements

1. Politicality which envisages that violation of rules framed by the State
amount to crime
2. Specificity which foresee that criminal law should be specific in terms;
3. Uniformity means that criminal law should be applied uniformly in all
similar cases and it eliminates abuse of judicial discretion in the
administration of criminal law; and
4. Penal sanction through which the members of society who commit crime
are deterred.

Explain what is a crime? And also explain causes of crime?

Or
Define crime and what are the causes of crime?
Meaning of crime:-

There is no universally agreed definition of what a crime is. Crime can be

defined in many different ways. Different societies may also choose to define
 3

crimes differently. In general, crime can simply be defined as the breach of laws
that are laid down by the ruling authority of the land. However, in terms of a
legalistic perspective approach a crime is an act which is illegal. It’s against law.
Specifically it is against the criminal law.
The causes of crime are complex. Poverty, parental neglect, low self-esteem,
alcohol and drug abuse can be connected to why people break the law. Some are
at greater risk of becoming offenders because of the circumstances into which
they are born. There can be many different causes of crime and many studies are
conducted all around the world to understand and bring down criminal
activities.

Victims of unfair or incorrect rulings from court often cause people to enter a
life of crime. It often happens that a person is a victim of chance and happens to
fall into crimes. Besides that, people are also often falsely accused of
committing crimes which ends up in a court conviction. Jails or prisons often
make worse criminals out of people because of the conditions that exist there.
Corrections anywhere does not involve major rehabilitation for criminals and
more often than not they end up being thrown in overpopulated jails full of
people who are either victims or perpetrators of crimes more serious than their
own. The declassification of people in prisons is also a major cause of crime
creation.

Causes of Crime:
Depression and other social and mental disorders:

Depression is also a major cause of crime. Other than depression, people with
grave mental disorders also end up committing crimes. Such people should be
treated before their tendencies and ailments get out of hand. A person under
depression or some other serious mental disorder can also easily cause harm to
themselves.
 4

Family conditions are one of the causes of crime:

There are a lot of things that go on in families that often cause people to get into
a life of crime. Here again there are a lot of different conditions that lead a
person into crime. Abuse during formative years from family members and
other such acts also instigate a person into a life of crime. People who are
neglected by their families and do not get the love and attention that they desire
also get into criminal activities. Family violence and other issues are also
related to crime in many ways.
Regionalism
Regionalism is a major cause of crime and unrest among people. Such people
that harbor such regionalist feelings often go to great lengths to commit crimes
against other communities. This fact is often ignored by people and the
administrative bodies as they too are caught up in classifications of people by
region. It is often that a victim of such regionalism gets influenced and enters
the world of crimes.
TV violence:

TV violence has gone up to staggering levels and it does not help when people
are influenced and try to emulate such acts of violence. TV violence is a major
cause of crime especially among younger people that are unable to differentiate
between fiction and reality. Since TV has become such an integral part of
people’s lives now days, it is important to draw clear lines between what is real
and what is not.
Racism:(Discrimination)

Discrimination based on race is a serious issue all around the world. All humans
are in a way racist towards some people in some part of the world or another.
Racism has contributed a lot of unrest to many places all around the world and
 5

it’s mostly because of one or two idiots that such crimes are given birth to. It is
a sad fact of the world that we live in that we end up discriminating against
something that is the same flesh and blood underneath even though the external
appearance and the origins may be different.
Politics:

Politics is often a cause of crime. It is seen that many political associations all
around the world have their own mafias running which they use to manipulate
and subjugate people. Political power is often misused to take advantage of
weaker groups and people and the dissidence that rises out of such situations
often force the victims to resort to crimes. Politics is more related to crime on a
much larger and a much heinous level than anything else.
Poverty:

Economic deprivation or simply poverty is a major cause of crime all around

the world. People are often driven to great lengths of desperation by poverty and
this is a major cause of crime all around the world. The fact that such frustration
is created is in itself a very dangerous thing for society on the whole as global
inflation has risen significantly over the last few years. Although it does seem
that in our world today, the rich get richer and the poor get poorer.
Drugs:
Drugs are a bane, no matter how we look at them. A person addicted to drugs is
unable to support their addiction and more often than not they end up in a life of
crime to fuel their habits. It is not unknown anywhere in the world that a drug
addict ends up committing crimes to raise money for their habits. Besides that
there are also a large number of people that are involved in the drug trade.
Though these people may not really be drug users themselves, they often lure
others into drugs and crimes.
Overpopulation is the biggest cause of crime :
 6

Increase in population is the biggest cause of crime and much of the world’s
worries. Although population increase is related to each and every cause
mentioned here, it still needs to be looked at as a cause of crime. The increase of
population triggers of a dynamo effect in society and this leads to the creation of
more people with some form of frustration or resentment towards society as
such.

Explain what is Criminology and various schools of Criminology?

Or
Define criminology and explain various kinds of schools of criminology?
Meaning of Criminology:

"Criminology" is derived from the Latin crimen, which means accusation, and
the transliterated Greek logia, which has come to denote "the study of."
Therefore the term literally means "the study of crime."
Criminology explains the inter-relationship between crime and criminals and
covers all aspects of the crime and criminals including the forms of criminal
behavior. It is the study of crime and causes to commit crime and it aspires that
reformation of criminals is the ultimate goal of punishment. It also provides
necessary background for improving law relating to crimes as well as social
norms. It enables the knowledge to the machinery, who is engaged in the
administration of criminal justice system.
Schools of criminology:
Introduction:
In the ancient times i.e., during the early medieval period, human society was
regulated initially by the law of jungle and later on through superstitions and
religious tenets. There is no specific thought or approach was given to the
aspects like crime and criminals. Crime was considered as to be a general
subject of thought, and criminal activities were never considered as offences
especially when committed by the members of the dominant group.
 7

Since in the earlier times of 17 th century, in order to set up peace and happiness
in society and save the nations from the crimes and criminals, a positive change
in human thinking was brought upon due to the continuous efforts of social and
political reformists who espoused to the cause of mankind by devoting their
precious time and education .

The Italian Scholar by name, Cesarean Donesana Marchese de Beccaria(1738-

94). He was the pioneer of modern criminology. He was the first to study
criminology based on scientific approach and could adduce several methods for
handling of crime and criminals.
Schools of criminology:

The following are the important schools of criminology, which could

attempt in providing a rational approach to the concept of crime and
criminology. They are

1. Pre-classical school of criminology;

2. Classical school of criminology;
3. Neo-classical school of criminology;
4. Positive school of criminology;
5. Clinical school of criminology; and
6. Social school of criminology:
1. Pre-classical school of criminology:

it was prevailed during the period of 17th and 18th centuries, in Europe was
dominated by the scholasticism of Saint Thomas Aquinas and during such
period state activities were dominated by religion and the king was occupying
supremacy and such that there was a belief that man, by nature is simple and his
actions are controlled by some super power. It also envisages that a man
(offender) commits crime not because of his own free will but because of the
 8

influence of external super power and in the same way the man also commits
crime due to influence of external spirits known as ‘demons’ or devils’.

The eminent jurist, Hobbes suggested that fear of punishment at the hands of
the monarch(king) was a sufficient deterrent for the members of the society to
keep them away from sinful acts which are synonyms to crime.
In ancient India, oaths and ordeals played a predominant role in the
administration of criminal justice. In fact it was dominated by Dharma which
means ‘duty’ and today it is also known as ‘Law’. The members of the society
were duty bound, such that there was very little scope for people doing wrongs,
because such duties were based on morality and ethics, so that each man was
feeling himself as a judge in his own case and therefore there was no scope for
him in doing wrongful acts.

2. Classical school of criminology:

Beccaria who was considered to be the pioneer of the modern criminology

expounded his theory of criminology during the middle of 18 th century and he
rejected the pre-classical school of thought. And his school of criminology was
gave importance to the mental phenomenon of the individual and attributed
crime to the ‘free will’ of the individual. And his thought was very much
influenced by the philosophy of his time which emphasized on the theory of
pain and pleasure. There were number of other exponents like William
Blackstone, jermi Bentham etc.

This school of criminology mainly emphasizes on the following thoughts

1. The basis for determining criminal attitude, is the act of man and not
his intention.
2. Punishment is a principal method of inflicting pain, humiliation and
disgrace to create fear in man to control his behavior
 9

3. Prevention of crime is more important than punishment of person who

commit it. Punishments and their inflection should be in close
proportion to the crime.
4. Punishment should be awarded keeping in view the pleasure derived
by the criminal out of the crime and the pain caused to the victim out
of it.
5. Judges should limits their verdicts strictly within the confines of law
6. Right of state to punish the offenders in the interests of public security.
3. Neo-classical school of criminology:
This school of criminology deals with the certain nature of offenders and also
how to deal with such offenders while imposing punishments. This school of
criminology imposes that a lenient view had to be taken while in punishing the
insane, minors, idiots and incompetent persons, notwithstanding the similarity
of their crimes, as they are incapable of knowing what is right and what is
wrong.

This school of criminology mainly emphasizes on the following thoughts

1. The man will be get deprived of certain extenuating situations or mental
disorders, beyond his normal capacity and could not able to control his
conduct.
2. This school also distinguish the first offenders and the recidivism
(habitual offenders)
3. Punishments should suit the psychopathic circumstances of the accused.
4. This school also suggested that all criminals whether responsible or
irresponsible must be segregated from society.
5. This school also emphasis that all crimes will have a cause and causation
and such are connected with the psychopathic or psychology of the
criminals
 10

6. This school also gave importance to study and paying attention about the
conditions under which an individual becomes a criminal or commits
crime.

4. Positivist school of criminology (Italian School)

This school denied defining the term crime in the context of law but in the
context of society and social policies. As per this school, a person is bound to
commit crime under that given a particular set of conditions and therefore he is
not a free agent to choose between the options of right and wrong as in the case
of classical school. This school substitutes “punishment” by “protection of
society”, through application of scientific methods.
At the beginning of 19th century certain French Doctors proved by experiments
that it was neither free will of the offenders nor their innate depravity which
results in committing crime. According to them the real cause of criminality
lies in the anthropological features of the persons. Some phrenologists say
that an analysis of character could allegedly be made by studying the shape and
precterberances of skull.

Some of the criminologists like Cesare Lombroso, Enrico Ferri, Raffale

Garafalo and Gabriel Tradie had contributed to this school which is also
called the Italian school of criminology.

As per Cesare Lombroso, criminals are physically inferior in terms of

standard of growth and therefore they generally develop a tendency for
committing inferior acts. He further classified the behavior of criminals in to
following three main categories.

1. Atavists or Hereditary criminals: in these type of criminals, Lombroso

had identified through his research that at least sixteen physical
abnormalities depending size and shape of head, eyes, enlarged jaw and
cheek bones, fleshy lips, abnormal teeth, long or flat chin, retreating
 11

forehead, dark skin, twisted nose etc. he had further stated that born
criminal s will resemble like ape and posses ape like characteristics. He
observed that only 1/3rd of criminals are born criminals but not all.

2. Insane criminals: This type of criminals perpetrate into criminal actions

due to certain psychological depravity or disorder and

3. Criminoliods: - This type of criminals will have a tendency to commit

crime with borrowed or copied or assume behavior of superiority in order
to conquer and to meet the needs of endurance from their inadequacy
nature.

Enrico Ferri was another Italian exponent has rebutted the views of the
Lambroso’s and he stated mere biological reasons are not enough to account for
criminology and the other factors like emotional reactions, social infirmities and
geographical conditions are also play important role in estimating criminal
tendencies in people.
According to him crime is the systematic product of the following three main
factors.

1. Physical or geographical
2. Anthropological and
3. Psychological or social.

He opined that disharmony, conflicts and cultural variations will arise due to
social change, which is inevitable in a dynamic society, which results to break
down of the traditional pattern of social control mechanism and thus the crime
is bound to increase abnormally.
He also opined that punishment could not alone one of the possible methods of
reforming the criminals. He said a criminal should be treated as a product of the
conditions played in his life and he favoured indeterminate sentencing system
on the ground that it may open chances of readjustment of the criminals/inmates
 12

in the community. And he emphasis the crime prevention programme should be

to remove such conditions and he classified the criminals into five categories:
1. Born criminals;
2. Occasional criminals;
3. Passionate criminals;
4. Insane criminals; and
5. Habitual criminals
Another Italian School exponent Raffale Garafalo, stressed the need for
undertaking a study of circumstances and conditions of living of criminals, as
he believed that a criminal is a creature of his own environment, he rejected the
Classical theory of Free Will as a cause of crime and considered crime as an
act which offends sentiments of pity and probity possessed by an average
person which cause injuries to the society. According to him lack of pity
generates crimes against the person and lack of probity leads to crimes against
property and he also classified the offenders into the following four categories;

1. Murderers (endemic criminals);

2. Violent criminals (due to prejudices of honour, politics and religion);
3. Criminals lacking the sentiment of probity; and
4. Lascivious or lustful criminals (sex and chastity).

And finally Gabriel Tardie , who is another contributor to the Positive Theory
gave importance that the influence of social environment will have more impact
on the criminal behavior rather than biological and physical factors, as they will
have only causal effect.

According to him law of insertion and imitation are responsible for the
incidence of crime. The members of society are more prone to imitate the
behavior of their associates, as the basic of crime would have a tendency of
imitate the acts of habitual criminals.
 13

He also classified criminals into the two groups namely:

1. Urban; and
2. Rural. He opined that the crimes in urban areas are far more serious
than those of rural areas.

5. Clinical school of Criminology:

The main approach of this school is that personality of a criminal is a

combination of internal and external factors and therefore punishment should be
based on the personality of the accused.

As pointed out by the professor Gillin, his theory assume that an offender is a
product of the genetic inheritance that influences his development through
his own experiences of life to which he was exposed from his infancy upto the
time of his committing the crime.

According to this school, the criminals who do not respond to the correctional
methods must be punished with imprisonment or transportation for life and
those who are merely victims of social conditions shall be subjected to
correctional methods such as probation, parole, reformation, open air camps etc.

6. Sociological School of Criminology:

This school advocated ‘Multiplied Factor theory’, as it had its basis in locating
the causation of crime in relation to nobility, culture, religion, economy,
political ideology, density of population and employment situations. Based on
this approach, Sutherland explained various processes through which a person
transforms himself into a criminal. This school was also characterized as a
Rational School of Criminology. This school believes that those who are prone
to criminology should be corrected through persuasive methods rather than
traditional punitive methods.
 14

Define punishment? And explain different theories of punishments?

Definition of punishment:

Punishment means deprivation of freedom or privacy or other facilities which

a person was having as of right. Punishment is an act of sovereign political
authority having jurisdiction in the community where the harmful wrong is
committed. Punishment is fundamentally a technique of social control and it is
justified to the extent that it actually protects social justice that a society has
achieved through law.

Theories of punishments are basically classified into two kinds

I. Primitive theory and

II. Modern theory.

Under primitive theory, there are four kinds of theories

1. Retributive theory
2. Deterrent theory
3. Preventive theory
4. Reformative theory
1.Retributive theory: this theory is also known as Retaliation theory and this
theory was developed by Hegel, a German. According to this theory an offender
should receive as much as pain and suffering as he has inflicted on the victim.
The main objective behind this theory is that it would be better that one man
should die than the whole people should perish. Punishment in the form of an
eye to eye and a tooth for a tooth. This theory says that an message to the wrong
doer had to reach in the form of punishment that what he has done is wrong.
Retributive theory suggests that evil should be returned for evil and
punishment is an end in itself.
 15

This theory is also explained in the below given mathematical equation of

crime namely:

Guilt + Punishment is = Innocence

That means, when a guilty is punished he can be treated as an innocent.

Modern penologists discard the retributive theory insofar as it aims at

vengeance. This is more so because there are certain crimes which cannot be
meted our by vengeance. As for example
,

1. Rapists cannot be raped;

2. Robbers cannot be robbed;
3. Burglars cannot be burglarized

2.Deterrent theory: this theory was evolved by jermey Bentham based on the
principle of “hedonism” which provides that a man would be deterred from
committing a crime if the punishment applied is swift, certain and severe.
Deterrent means frightening or discouraging others in committing crimes. Its
main objective is to terrorize future offenders so as not to commit offences and
also the present criminals so as not to repeat commission of the crime. This
theory states that punishment is necessary to maintain orderly society.

But from the practical point of view, many studies proved that in cases
like murder, which is a crime of crimes, even the sanction of death sentence
did not show much deterrent effect. Deterrence is certainly an evil for a
very uncertain good. Sometimes the threat of real life may lead to further
crimes.

According to Sir Romily, it is the certainty in the conviction that is deterrent and
not a severity of punishment. That means effective application of penal law is
 16

essential to reduce crime rather than having mere fascination legal penal
provisions.
Saudi Arabia is found to be the only country which is applying this hery even
today. However, it can be agreed with an overall voice that the element of
deterrence is more effective in case of certain offences like evasion of income
tax.

3. Preventive theory: this theory presupposes that there is need for punishment
of criminals because social necessities require it. The objective of this theory
is not to avenge crime but to prevent it. According to Fichte, penal laws
function as preventive measures to combat the crime. It discourages anti-social
conduct. This theory seeks to prevent reoccurrence of crime by incapacitating
the offenders. Imprisonment is the best mode of crime prevention as it
eliminates the offenders from society thereby disabling them from
committing crime repeatedly. Prevention is always better than cure. This
theory is considered to be better alternative to the theories of deterrence or
retribution.
4.Reformative theory: this theory is a modern development dealing with
punishments and it is also known as positive school of thought. It presupposes
individualized treatment of criminals who are undergoing punishment, with a
view to reform them. The main objective of this theory is to bring about a
change in the attitude of an offender so as to rehabilitate him and facilitate
him to become a law abiding citizen of the society. This theory emphasis
imprisonment as a punishment should not be the sole purpose of isolating
criminals and eliminating them from society but to bring in their mental outlook
a change through effective reformative measures during the term of sentence.
II. Modern theory: this modern theory is also identified as Utilitarian theory
the same as envisage by Scholar/ Great Greek Philosopher Plato, according to
him , to suffer for justice is beautiful, punishment does not give pleasure and
 17

therefore it must be useful. According to this theory punishment should have

some utility. Everything that is useless in punishment must be avoided.
Imposition of punishment, requires consideration of the following aspects,
namely, whether
1. Punishment is useless;
2. Punishment is needless; and
3. Punishment involves more evil than solution (acquittal). If the
answer is positive, punishment does not serve any purpose.

Define punishment? And explain types of punishments in India?

Punishment means deprivation of freedom or privacy or other facilities which
a person was having as of right. Punishment is an act of sovereign political
authority having jurisdiction in the community where the harmful wrong is
committed. Punishment is fundamentally a technique of social control and it is
justified to the extent that it actually protects social justice that a society has
achieved through law.
Punishments under the Indian Penal Code
,

Section 53 of the Indian Penal Code prescribes five kinds of punishments

are as follows:-
a) Death
b) Imprisonment for life
c) Imprisonment, which is of two descriptions, namely -
(1) Rigorous, that is with hard labour
(2) Simple
d) Forfeiture of property
e) Fine.
a) Capital Punishment / Death Penalty –

In the history of punishment, capital punishment/death penalty has always

occupied and very important place. In ancient times and even in the middle age,
 18

sentencing of offenders to death was very common kind of punishment. Death

sentence has always been used as an effective punishment for murderers and
dangerous offenders. It has both deterrent and preventive effect. The
justification advanced in support of capital punishment is that it is lawful to
forfeit the life of a person who takes away another's life. The killer deserves
execution under this mode of punishment, legal vengeance solidifies and social
solidarity against lawbreakers and therefore it is legally justified.
The Mughal rulers in India also made use of death penalty to eliminate
unwanted criminals. They used crudest methods for execution of death
sentence. However, with the British rule in India, this inhuman and barbaric
method of execution where abolished and death by hanging remained the only
mode of inflicting death sentence.
It is the most serious nature of punishment. Some countries abolished it. Capital
punishment/death penalty awarded in India is certain exceptional cases.
The offenses which are punishable with the death sentence under the
Indian Penal Code.
Death Penalty or capital Punishment is the most serious nature of punishment.
Some countries abolished it. A death sentence may be awarded under the Indian
Penal Code in the following cases -
i) Waging, or attempting to wage war, or abetting waging of war, against the
Government of India. (Section. 121)
ii) Abetment of mutiny, if mutiny is committed. (Section 132)
iii) Giving or fabricating false evidence upon which an innocent person suffers
death (Section. 194)
iv) Murder (Section 302)
v) Abetment of suicide of a minor, or insane or intoxicated person (305)
vi) Attempt to Murder by a person under sentence of imprisonment for life, if
hurt is caused (Section 307).
 19

vii) Kidnapping for ransom etc. (Section 364A)

viii) Dacoity with murder (Section 369)
(b) Imprisonment for life:
Life Imprisonment means a sentence of imprisonment running throughout the
remaining period of a convict's natural life (till death). But in practice it is not
so.
According to Section 55 of Indian Penal Code, in every case in which sentence
of imprisonment for life shall have been passed, the appropriate Government
may, without the consent of the offender, commute the punishment for
imprisonment of either description for a term not exceeding fourteen years.
Section 57 states that in calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for 20
years.
K.M. Nanavati v. State of Maharashtra, (AIR 1962 SC 605)
In this case supreme court held that imprisonment for life means rigorous
imprisonment for life and not simple Imprisonment
(c) imprisonment which may be (1) rigorous; and (2) simple.
1) Rigorous Imprisonment -:

Imprisonment may be rigorous with hard labour. Such as digging earth, cutting
wood.
According to Section 60 of I.P.C in every case in which an offender is
punishable with imprisonment which may be of either description, it shall be
competent to the Court which sentences such offender to direct in the sentence
that such imprisonment shall be wholly rigorous, or that such imprisonment
shall be wholly simple or that any part of such imprisonment shall be rigorous
and the rest simple.
 20

The Indian Penal Code prescribes imprisonment as punishment for

(1) Giving or fabricating false evidence with intent to procure conviction of

capital offence (Section 194)

(2) House-trespass in order to commit offence punishable with death (Section

449)
ii) Simple Imprisonment :
Simple imprisonment is imposed for small offences like wrongful restraint,
defamation etc. In case of simple imprisonment the convict will not be forced
to do any hard manual labour. There are some offences which are punishable
with simple imprisonment are as follows :
1) Refusing to take oath (Section 178)
2) Defamation (Section 500)
3) Wrongful restraint
4) Misconduct by a drunken person, etc (Section 510)
Solitary Confinement :
Another kind of punishment is solitary confinement. This punishment may be
considered as an aggravated form of imprisonment. In this type of
punishment, convicts are confined in solitary prison-cells without any contact
with their follow prisons.
Solitary confinement which was introduced in the United States
Pennsylvanian prison in 1770 had to be replaced by the Auburn system in 1819
in which prisoners were taken out to work together in Silence. Experience had
shown that many of the prisons undergoing the sentence of solitary confinement
died in prisons and many more returned insane and those who survived turned
more hostile and dangerous in society.
Section 73 and 74 of the Indian Penal Code lay down the limits beyond which
solitary confinement cannot be imposed in India. The total period of solitary
confinement cannot exceed 3 months in any case. It cannot exceed 14 days at a
 21

time with intervals of 14 days in between or 7 days at a time in with 7 days

interval in between.
(d)Forfeiture of property :
Forfeiture of property means taking away the property of the criminal by the
State. Forfeiture of property is now abolished except in the case of following
offences :
1) Committing depredation on territories of Power at peace with the
Government of India(Section 126)
2) Receiving property taken by war or depredation mentioned in sections 125
and 126 (Section 127).
(f) Fine:
The Courts may impose fine as sole imprisonment or alternative or it may be
imposed in addition to the imprisonment. The Indian Penal Code , 1860
prescribes fine along with imprisonment in respect of certain offences. In
default of fine, imprisonment may be imposed.
Explain the meaning of probation its merits and demerits?
Introduction:
Probation is a way of sending good idea in the mind of
offenders. It is probably the first stage of the correctional
scheme. The object of probation is to keep delinquent away
from evil consequences and offer him an opportunity leads
socially useful life without violating the law and as of all
methods of treatment is the ultimate rehabilitation of the
offender in the community. On the other hand Parole has
emerged as one of the most acceptable form of correctional
device in modern penology. It has been universally recognized
as one of the most appropriate methods of treatment of
offenders for their reformation and rehabilitation in the normal
 22

society after the final release. It can be said that parole is the
last stage of correctional scheme.

PROBATION: MEANING, MERIT AND DEMERITS:

The term ‘probation’ is derived from the Latin word ‘probare’ this means ‘to
test’ or ‘to prove’. Probation is one of the measures which may be used by
Courts as an improved form of non-custodial alternative in place of
imprisonment. This correctional device is being increasingly used by the
magistracy in modern times. It aims at rehabilitation of offenders by returning
them to society during the period of supervision rather than sending them into
an unnatural and socially unhealthy atmosphere of prisons. The offender is
allowed to remain in the community and develop as a normal human being in
his own natural surroundings.
Probation is also defined “as the postponement of final judgment or sentence
in a criminal case, giving the offender an opportunity to improve his conduct
and to readjust himself to the community, often on condition imposed by the
court and under the guidance or supervision of an officer of the court.”
In India, probation is used as an institutional method of treatment which is a
necessary appendage of the concept of crime and probation received statutory
recognition for the first time in 1898 through Section 562 of the Code of
Criminal Procedure, 1898 (now Section 360 of Code of Criminal Procedure,
1973).
Probation is governed by the provisions of Probation of Offenders Act, 1958.
In the case of Ramji Missar v. State of Bihar. it was held that the Probation of
offenders Act provides for the release of offenders on probation or after due
admonition and for matters connected therewith. The purpose behind the
enactment of this Act is to top conversion of youthful offenders into stubborn
criminals as a result of their association with hardened criminal of mature age in
case of youthful offenders are sentenced to undergo imprisonment in jail.
 23

Here it is important to discuss the scope of probation under provisions of

Section 360 of Cr.P.C., 1973 and under the Probation of Offenders Act, 1958. It
is clear from the case of Chhanni v. State of U.P., in which the Supreme Court
held that the enforcement Probation of Offenders Act, 1958 in particular area
excludes the applicability of provisions of Section 360 of the Code of Criminal
Procedure, 1973 and the scope of Section 4 of the Probation of Offenders Act is
much wider than Section 360 of the Code of Criminal Procedure which relates
only to persons not under the age of 21 years, convicted for offences punishable
with fine only or with imprisonment up to 7 years, and any woman convicted of
an offence not punishable with death or imprisonment for life .
Merits or advantages of Probation:-
 It is most useful in the case of juvenile delinquents.
 It gives hope for the rehabilitation of the offender who has not committed
the offence.
 Probation is a way of sending good idea in the mind of offenders.
 It is helpful for both hardcore and youthful offenders.
 It helps in reducing the crowding in the jails.

Demerits or disadvantages of probation:-

 The threat of further punishment should also be incurred in the mind of
prisoners. Here there is no threat in the mind of prisoner.
 It decreases the average penalty.

Explain the nature of Parole, its merits and demerits?

PAROLE: MEANING, MERITS AND DEMERITS :
Parole is a release from prison after part of the sentence has been served, the
prisoner still conditions until discharged and liable to return to the institution for
violation of any of these conditions. It helps in reducing over-crowding in
prisons. According to Donald Taft, “Parole is a release from prison after part of
 24

the sentence has been served, the prisoner still remaining in custody and under
stated conditions until discharged and liable to return to the institution for
violation of any of these conditions.
According to J.L. Gillin, “Parole is the release from a penal or reformative
institution, of an offender who remains under the control of correctional
authorities, in an attempt to find out whether he is fit to live in the free society
without supervision.
The Supreme Court in Smt. Poonam Lata v. Wadhawan & Others, has
clarified that parole is a grant of partial liberty or lessening of restrictions to a
convict prisoner, but release on parole does not, in any way, change the status of
the prisoner.
In the case of Avtar Singh v. State of Haryana, the Supreme Court held that
generally speaking, the act of granting parole is an administrative action and
parole is a form of temporary release from prison custody, which does not
suspend the sentence of the period of detention, but provides conditional release
from the prison and changes the mode of undergoing the sentence.
The main objectives of parole technique as stated in the Model Prison
Manual are:-
 To enable the inmate to maintain continuity with his family life and deal
with family matters;
 To save the inmate from the evil effects of continuous prison life;
 To enable the inmate to retain self-confidence and active interest in life.

In India, the grant of Parole is largely governed by the rules made under the
Prison Act, 1894 and Prisoner Act, 1900. In parole there is a Parole Board
consists of parole administrators who are from among the respectable members
of society. These members are assigned the function of discharging convicted
prisoners on parole after careful scrutiny. They are performing a quasi-judicial
function.
 25

Merits and Demerits of Parole

Following are the merits or advantages of parole:-
 It creates hopes among other prisoners.
 Once you have been released on parole, there is the opinion of the society
is liberal.
 Securing family life of the parolee.
 It eradicate over burden of the jails.
 It is also economical to the State. The cost of expenditure of parolee also
decreases.
 It creates threats on the mind of the parolee to maintain good conduct in
the society.
Following are the demerits or disadvantages of parole:-
 If any negligence in the selection of the parolee, it results in serious
consequences.
 Parole Board is bound to act on the aid and advice of the jail authority.
 It is not necessary that the prisoners who are maintaining their good
conduct in the prisons will maintain their good conduct in the society.
 Political interference.

 Ill-treatment and doubtful behavior by the society makes him impediment

in his character development.
Explain the Salient features of the probation of Offenders Act, 1958? What
are the duties of Probation Officer? And applicability and non-applicability
of the Act?

Salient Features of The Probation of Offenders Act, 1958

The Probation of Offenders Act (Act No. 28 of 1958) contains elaborate

provisions relating to probation of offenders, which are made applicable
throughout the country.
 26

The salient features of the Act:-

,

1. The Probation of Offenders Act, 1958 is intended to reform the amateur

offenders by providing rehabilitation in society and to prevent the conversion of
youthful offenders into obdurate criminals under environmental influence by
keeping them in jails along with hardened criminals.
2. It aims to release first offenders, after due admonition or warning with
advice, who are alleged to have committed an offence punishable under
Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in
case of any offence punishable with imprisonment for not more than two years,
or with fine, or with both.
3. This Act empowers the Court to release certain offenders on probation of
good conduct if the offence alleged to have been committed is not punishable
with death or life imprisonment. However, he/she should be kept under
supervision.
4. The Act insists that the Court may order for payment by the offender such
compensation and a cost of the proceedings as it thinks reasonable for loss or
injury caused to the victim.
5. The Act provides special protection to persons under twenty-one years of age
by not sentencing them to imprisonment. However, this provision is not
available to a person found guilty of an offence punishable with life
imprisonment.
,

6· The Act provides freedom to the Court to vary the conditions of bond when
an offender is released on probation of good conduct and to extend the period of
probation not to exceed three years from the date of original order.
7· The Act empowers the Court to issue a warrant of arrest or summons to the
offender and his sureties requiring them to attend the Court on the date and time
specified in the summons if an offender released on probation of good conduct
fails to observe the conditions of bond.
 27

8. The Act empowers the Court to try and sentence the offender to imprisonment
under the provisions of this Act. Such order may also be made by the High
Court or any other Court when the case comes before it on appeal or in revision.
9 ·The Act provides an important role to the probation officers to help the Court
and to supervise the probationers put under him and to advise and assist them to
get suitable employment.
10·The Act extends to the whole of India except the State of Jammu and
Kashmir. This Act comes into force in a State on such date as the State
Government may, by notification in the Official Gazette, appoint. It also
provides liberty to State Governments to bring the Act into force on different
dates in different parts of that State.

Duties of a Probation Officer:

Sec 14of the Act deals with the duties of a probation officer. It states:-
A probation officer shall, subject to such conditions and restrictions, as may be
prescribed -
(a) enquire, in accordance with any directions of a court, into the circumstances
or home surroundings of any person accused of an offence with a view to assist
the court in determining the most suitable method of dealing with him and
submit reports to the court;
,

(b) supervise probationers and other persons placed under his supervision and,
where necessary, endeavor to find them suitable employment;
(c) advise and assist offenders in the payment of compensation or costs ordered
by the Court;
(d) advise and assist, in such cases and in such manner as may be prescribed,
persons who have been released under section 4;
(e) perform such other duties as may be prescribed.
Offences in Which Probation Cannot Be Granted:
 28

We will now deal with those cases where probation cannot be granted:-
1) In Ahmed v. State of Rajasthan, it was held that the benefit of this Act
cannot be extended to a person who has indulged in an act which has resulted
into an explosive situation leading to possibilities of communal tension.
2) In State of Maharashtra v. Natverlal, the Supreme Court declined to
accord to the accused found guilty, the benefit of Probation of Offenders Act
because smuggling of gold not only affects public revenue and public economy,
but often escapes detection.
3)Again in Smt. Devki v. State of Haryana, it was held that the benefit of
Section 4 would not be extended to the abominable culprit who was found
guilty of abducting a teenage girl and forced her to sexual submission with
commercial motive.
4) In 2015, Supreme Court bench consisting of Justices Pinaki Chandra
Ghose and Uday Umesh Lalit has ruled that the benefit of Probation of
Offenders Act cannot be extended to accused involved in crimes against
women. The accused, Sri Chand was alleged to have lured a 12 year old girl,
who was grazing buffaloes in the jungle, and taking her into a room wherein she
was forcibly undressed and the offense of rape was committed on her. The court
while giving the judgment relied on cases like Azhar Ali v. State of West
Bengal and State of Himachal Pradesh v. Dharam Pal
It is a settled law that nobody can claim benefit under the Act as a matter of
right. It was observed in State of Sikkim v. Dorjee Sherpa And Ors that the
Court should not take technical views in certain cases and should take into
consideration some other aspects such as possibility of losing the job, for
invoking the provisions of Probation of Offenders Act even in serious offences.
It has further been contended that the Court should also take into consideration
that the convicts belonging to middle class families without any criminal
antecedent often become victim of circumstances because of undesirable
 29

company and other evil influences available to such young generation.

The provisions of Probation of Offenders Act, 1958 normally cannot be

applied to:-

· ACB cases
· Section 304 of the Indian Penal Code,
· NDPS Cases
· Section 304-A of the Indian Penal Code
· Section 325 of the Indian Penal Code
· Sections 409, 467, 471 of the Indian Penal Code
· Kidnap and abduction
· Habitual offenders.
Define white collar crimes? And also distinguish white collar crimes with
traditional crimes. And explain the types of white collar crimes ?

Meaning.
White-collar crime refers to financially motivated, nonviolent crime committed
by businesses and government professionals. It was first defined by the
sociologist Edwin Sutherland in 1939 as "a crime committed by a person of
respectability and high social status in the course of their occupation". Typical
white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes,
insider trading, labor racketeering, embezzlement, cybercrime, copyright
infringement, money laundering, identity theft, and forgery.
White-collar crimes and organized crimes are not exactly the same thing.
There are marked differences between white-collar crime and organized
crime.
White-collar crime is a term used to describe non-violent crimes of a financial
nature committed by businesspeople or public officials. White-collar crime
rarely includes any violent offenses.
 30

Organized crime refers to crimes committed by a gang or organized group,

and it can include both white-collar crime and violent crimes. Organized crime
refers to crimes that can be either violent or non-violent in nature,
White-collar crimes include such crimes as insider stock market trading,
embezzlement, Ponzi schemes, bribery and fraud.
Organized crimes include such crimes as racketeering, robbery, theft, drug
dealing, assault and trafficking and smuggling of illegal goods and humans for
prostitution.
The Supreme Court of India in State of Gujarat vs. Mohanlal Jitamalji
Porwal and Anr AIR 1987 SC 1321
It has differentiated between the general crimes and white collar crimes. In the
above-mentioned judgement, Justice Thakker had stated that murder can be
committed in the heat of moment but these economic offences are committed
with a cool calculation and planned strategy to gain personal profits.
The characteristics of white collar crime enunciated herein below
distinguishes it from other street crimes/ Traditional crimes)
1. Direct access to the victim because of offender’s high position: Because of
his/her position the offender has direct access to the victim. E.g. when a thief
commits a theft in a house, he first breaks the door or window and then commits
the crime. Therefore, before committing theft a thief must first gain access to
the house by entering it. Whereas this is not in the case of white collar crimes
because the white collar offenders have easy and valid access to their targets;
2. No information about the offender: Most of these crimes are committed by
offenders without coming face to face with the victim;
3. Political Connections: Most of the offenders have big political connections
and somewhere the politicians are also involved in the said crimes. Therefore, it
is difficult to take any action against such offenders; and
 31

4. Harm to Society: These types of offenders can cause great harm to the
public as well as to the institutions and organizations.
Types of White-Collar Crimes

White-collar crimes are nonviolent in nature. Although some can seem like
victimless crimes at first glance, every white-collar crime actually has a
victim. Sometimes, these victims are a company’s shareholders; in other
instances, they are the company’s employees or its consumers. When these
offenses are committed within governmental agencies and nonprofit
organizations, the people served by the agency or organization are the ones
who suffer. Sometimes, it is even the government that suffers when an
individual commits this type of offense, in turn causing the government’s
constituents to feel its effects.
A few specific types of white-collar crime are:
 Tax fraud.
 Bribery.
 Embezzlement.
 Price fixing.
 Identity theft.
 Insider trading.
 Securities fraud.
 Personal use of corporate or government funds.
Define white collar crimes? And explain the various white collar crimes in
different professions and ascertain the reasons/causes for growth of white
collar crimes?
Meaning.
White-collar crime refers to financially motivated, nonviolent crime committed
by businesses and government professionals. It was first defined by the
sociologist Edwin Sutherland in 1939 as "a crime committed by a person of
 32

respectability and high social status in the course of their occupation". Typical
white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes,
insider trading, labor racketeering, embezzlement, cybercrime, copyright
infringement, money laundering, identity theft, and forgery.

Who Commits White-Collar Crimes?

Typically, individuals who commit white-collar crimes work in managerial,

consulting and contracting positions, hence the term white-collar. Usually, a
white-collar offender is an individual with at least a bachelor’s degree and a
stable, comfortable salary.

Individuals working in both the public and private sectors commit white-collar
crimes. These offenders include lawyers, accountants, corporate vendors,
financial advisers, university faculty and even members of the clergy.

WHITE COLLAR CRIMES IN VARIOUS PROFESSIONS:

White collar crimes can be found in every industry and profession. Below
enunciated here is five major forms of white collar crime: White Collar Crimes
in: Medical Profession Education Engineering & IT Business Society
1. Medical Profession: White collar crimes in the medical profession is not a
new phenomenon and has been into existence from very beginning. Some of the
offences which are considered as white collar crime in the medical profession
includes providing false medical certificates, illegal abortions, selling of banned
drugs and medicines to patients or chemists. Moreover, the people in medical
profession makes misleading claims through advertisements in newspapers and
television.

2. Education: Nowadays, education is only considered as a source of making

money. Educational institutions are least bothered about providing quality
education to the students. In order to make money for themselves, many
educational institutions are engaged in the business of providing fake
 33

educational certificates. In government institutions, the teaching staff are often

found to be indulged in corrupt activities. Teachers hardly teach their students in
school and often blackmail them to take private tuitions.

3. Engineering & IT: Sub-standard materials are being used for construction
of buildings, roads and dams, which not only endangers life of many citizens
but also result into huge losses to the government. Any illegal access of
computer and internet services is known as Internet fraud. This kind of fraud is
very common these days and the most vulnerable to such incidents are the
people who use internet and mobile banking services.

4. Business : Edwin Sutherland researched on large number of companies and

corporations in the United States and concluded that most of them were
involved in illegal contracts, infringements against copyrights and trademarks,
unfair trade practices, bribery etc. these types of crimes are generally committed
by big businessmen and tycoons. The Sanathanam Committee Report on
Prevention of Corruption expressed great concern about the problem of
hoarding, profiteering and black marketing. It was also observed by the
committee that Indian businessmen build up secret stocks of foreign exchange
abroad, violating the Imports & Exports Laws.

5. Society: White collar crimes are not only restricted to professions.

Individuals, whether belonging to higher class or middle class are also part and
parcel of such crimes. E.g. Often individuals misrepresent the details about their
income in order to pay low income tax, which is considered as a crime. Non-
payment of taxes or non-compliance of taxpaying policies is referred to as Tax
evasion. The tax evaders are either punished with huge fines or imprisonment or
both. Moreover, the offenders in certain cases try to hide the source and
destination of income received by them. This offence is known as Money
Laundering and it is done with the intention of making it seem that the money
have come through legitimate means.
 34

CAUSES OF WHITE COLLAR CRIME /REASONS FOR THE

GROWTH OF WHITE COLLAR CRIMES :

1. Greed: High class people are financially stable, however, they still commit
crime because of their greed to earn more. And for this purpose, they even
choose illegal ways to have an economic gain;
2. Competition: Darwin in his theory of evolution has stated that “survival of
the fittest” is necessary and thus there will always be competition for survival.
However, some people for their own greed and in order to get ahead of their
peers commit crimes;
3. No fixed laws or punishments: After committing the crimes most of the
offenders get away without getting any punishment because there are not
enough laws to deal with such kind of crimes. In many cases, because of the
supreme political connections most of the offenders get away without any
punishment. Moreover, in many cases there are no witnesses for the said
offences as such offences are committed in private.
Define white collar crimes? And explain the reasons for growth of white
collar crimes in India?
Meaning.

White-collar crime refers to financially motivated, nonviolent crime committed

by businesses and government professionals. It was first defined by the
sociologist Edwin Sutherland in 1939 as "a crime committed by a person of
respectability and high social status in the course of their occupation". Typical
white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes,
insider trading, labor racketeering, embezzlement, cybercrime, copyright
infringement, money laundering, identity theft, and forgery.

WHITE COLLAR CRIMES IN INDIA :

The reason for the recent enormous increase in white collar crime in India is the
fast developing economy and industrial growth of the country. The post-
 35

independence period in India led to an era of welfare activities which needed

regulatory measures on the part of government. It is the contravention of such
regulatory measures which generally gives rise to a white collar crime. The
Santhanam Committee Report4 showed a picture of white collar crimes
committed by persons belonging to high status. The report of the committee
stated that the big industrialists, businessmen, government officers are
responsible for white collar crime in India. After the independence, the first case
of white collar crime was Mundhra’s case. India’s first Prime Minister
Jawaharlal Nehru set up a commission headed by Justice M.C. Chagla to
investigate the matter. Justice Chagla concluded that Mundhra had sold
imaginary shares to Life Insurance Corporation (LIC) by defrauding the
insurance company to the tune of INR 1.26 Crore. Mundhra was sentenced to
22 years in prison. Another incident took place in the beginning of 21st century
was the Satyam Scam. This scam involved the fraud of INR 7,000/- Crores. Few
years back, CBI arrested many Trinamool Congress leaders for the alleged
involvement in INR 24.60 billion chit fund scam. After the rise of the Indian
economy, many companies from the private sector and the public enterprise has
been included in the corporate frauds and scandals. It is because of all these
scams the common man is scared to invest in the equity market.

Corruption:
Corruption is one of the worst forms of crimes in India. It has been into
existence for many centuries. Even Chanakya has mentioned the various forms
of corruption during his time. Many political parties have promised to eradicate
corruption; however, the offenders in these types of crimes are usually the
government officials or the politicians itself. In between 2010 to 2012 Central
Bureau of Investigation has registered over 1,450 cases of alleged corruption
under the Prevention of Corruption Act, 1988.
 36

Define white collar crimes? And legal frame work in India and
measurements to be taken to control white collar crimes?
Meaning.

White-collar crime refers to financially motivated, nonviolent crime committed

by businesses and government professionals. It was first defined by the
sociologist Edwin Sutherland in 1939 as "a crime committed by a person of
respectability and high social status in the course of their occupation". Typical
white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes,
insider trading, labor racketeering, embezzlement, cybercrime, copyright
infringement, money laundering, identity theft, and forgery.

LEGAL FRAMEWORK: The legal framework in India is not so

comprehensive to deal with the issue of white collar crime. There are no strict
laws which can punish the offender as most of the offenders get away because
of the lack of evidence. The other difficulty is that the members of the
legislature who have been given the responsibility to make and implement rules
are themselves indulged in these heinous crimes. The main reasons for which
these white collar criminals or occupational criminals go unpunished are
because:
i) the law makers of the country are from the same social group;
ii) the effort made by the police against these criminals is highly
low;
iii) of easy bail and mild sentences; and
iv) the impact of white collar crimes is not on a specific individual
thus it creates a casual attitude of the society towards white
collar crimes. The delayed justice which is administered by our
judiciary is also one of the reasons of rise in white collar crimes.
Since white collar crimes are on a rise, it is highly important for
 37

the judiciary and the police to distinguish between white- collar

crimes and traditional crimes.

MEASURES TO BE TAKEN TO CONTROL WHITE COLLAR

CRIMES:
White collar crime has not been defined anywhere in any act or codes,
however, there are various legislations which touch the scope of white collar
crime. These legislations include The Foreign Exchange Management Act,
Companies Act, Prevention of Money Laundering Act and Import and Export
Control Act.
In the present scenario, our top law enforcement agencies such as Central
Bureau of Investigation, the Enforcement Directorate, The Income-tax
Department, The Directorate of Revenue Intelligence and the Customs
Department, needs to be strengthened. Top ranking officials should be
regularly scrutinized by the bodies such as Central Vigilance Commission. If
these agencies are strengthened then only the problem of white collar
criminality can be controlled. It is the responsibility of the government to
provide enough powers to the law enforcement agencies because without the
help of these agencies the corruption and other economic offences cannot be
eradicated from our country. The law enforcement officials should be provided
training. This training will not only help in tracking such crimes but will also
make them differentiate white collar crimes from other crimes. Strict laws
should be made to curb these types of crimes. It is seen that if found guilty the
white collar criminals get away with petty fines or mild sentences. The approach
used by the judiciary while punishing these criminals has failed to curb the
threat of white collar criminality. Thus, Fast track courts/ tribunals should be
arranged by appointing more Judges. The tribunals should be given power to
impose fine and award sentence of anyone if found guilty for the said offence.
Finally, the government should take initiative to spread awareness about white
collar crimes through electronic and print media. The public should have the
 38

knowledge about white collar crimes and how they are different from other
crimes.

Explain the concept of Juvenile delinquency and causes/reasons for juvenile

delinquency?

Definition of a Juvenile:

In India, before passing of the Children Act, 1960 there was no consistency
regarding age limit of juvenile delinquent. Bombay Children Act 1948 defined
“Child” – “means a boy who has not completed the age of 16 years or girl who
has not completed the age of 18 years”. The U.P. Children Act defined “Child”
– “as a person under the age of 16 years”. Under the A.P. Children Act 1920
“Child” means “a person under 14 years and when used to reference to sent to
certified school applies to that child during while period of detention
notwithstanding that the child attains the age of 14 years before expiration of
that period”. The Saurashtra and West Bengal defines “a Child as a person
who has not attained the age of 18 years”. Haryana Children Act has also
maintained this difference in defining “child as a boy who has not attained the
age of 16 years and a girl who has not attained age of 18 years”.

Juvenile Justice Act, 1986 defines “a juvenile or child, who in case of a boy has
not completed age of 16 years and in case of a girl 18 years of age”.
Government of India while discharging its international obligations revoked the
JJA Act, 1986 by 2000 Act and the distinction regarding the age between male
and female juveniles was done away. According to the new law, age of juvenile
for both male and female involved in conflict with law has been fixed at 18
years. A juvenile in conflict with law under the JJ (C & P) Act, 2000 is “a
juvenile who is alleged to have committed an offence but has not completed 18
years of age on the date of commission of said offence”. And under the Juvenile
Justice (Care and Protection) Act 2015 juvenile defined under section.2 (35),
“juvenile means a child below the age of eighteen years”.
 39

Meaning of Delinquency:

The word “delinquency” has its origin from the Latin word “delinquere”
which meaning de i.e. “away and linquere” i.e. “to leave thus, mean by to
leave or to abandon”. Initially, the word was having primarily meaning and
applied to those parents who have abandoned and neglected their children.
Now days, it is applicable on all those children who are involved in illegal and
harmful activities.
Delinquency is unwelcomed action, omission or moral behaviour of a juvenile
which is socially not permitted in any society. Generally it means that if the
child fails to meet certain social obligations anticipated from them by the
people, then he is considered to be delinquent. The juvenile delinquent is
behavioral disorder which is generally defined as “a child trying or pretending
to act like a grown up or adult”. According to some social workers,
“delinquency consisted of socially unaccepted acts”. And a psychiatrist suggests
that “delinquent behaviour is activity which deviates from the normal”. And a
lawyer would say “juvenile delinquency is what the law says it is”.

Therefore the term delinquency does not have a predetermined meaning. On

the other hand, the sociological and the legal are generally two accepted
approaches for the interpretation of the term. The sociological approach gives a
liberal interpretation to the term delinquency. This view is well expressed by the
definition given by Clyde B. Vedder who says, “juvenile delinquency refers to
the anti-social acts of children and of young people under age. Such acts are
either specifically forbidden by law or may be lawfully interpreted as
constituting delinquency, or as requiring some form of official action”.
The universal meaning of the word „Delinquency‟ is something not correct
which is against the social norms of a society.
Causes/reasons of Juvenile Delinquency

Introduction:
 40

Researches and Studies shows that they are various causes of juvenile
delinquency in India. Every person has different behavioral patterns so as in
case with children also. The behavior patterns develop in early childhood and at
early stage it is very difficult to identify any kind of behavior. But as soon as ,
child grows up comes out to real world , behavior patterns changes from time
to time and many circumstances or situation may arose the delinquent behavior
in them . Following are the some of the causes of Juvenile Delinquency:-
1. Adolescence Instability: – The biological, psychological and
sociological are one of the important factors in the behavior pattern of
adolescent. At this stage, teenagers become more conscious about their
appearances and fashions, enjoyment, food, play and etc. And at this
age, they want freedom and they wanted to be independent but
sometimes they are given any chances and oppournities by their
parents, teachers and elders this leads to development of anti – social
behavior in them. Thus, this anti – social behavior, biological changes,
psychological causes are the some of the reasons which is responsible
for juvenile delinquency.
2. Disintegration of Family System: – Disintegration of family system
and laxity in parental control is also the main cause of increasing rates
of juvenile delinquency. In normal cases divorce of parents, lack of
parental control, lack of love and affections are the major factors of
juvenile delinquency.
3. Economic condition and Poverty: – Poverty and poor economic
condition is also consider has major contributing factor of increasing
juvenile crimes as result of poverty, parents or guardian fails to fulfill
the needs of the child and at the same time children wants that their
desires should be fulfilled by parents by hook or by cook and when
their desires are met they start themselves indulging in stealing money
 41

from homes or any other parents. And this develop habitual tendency
of stealing which results into theft at large scale.
4. Migration: – Migration of deserted and destitute juveniles’ boys to
slums areas brings them in contact with some anti – social elements of
society that carries some illegal activities like prostitution, smuggling
of drugs or narcotics etc. These sorts of activities attract the juvenile a
lot and they may involve themselves in such activities.
5. Sex Indulgence:- The children those who have experienced sex
assault or any other kind of unwanted physical assault in their early
childhood may develop any kind of repulsiveness in their behavior
and mind. In this age they may become more vagrants or may want to
have sex experience. Too much of sex variance may lead the boys
towards the crime of kidnapping and rapes etc.
6. Modern Life Style: – The rapidly changing society patterns and
modern living style, makes it very difficult for children and
adolescents to adjust themselves to the new ways of lifestyle. They are
confronted with problems of culture conflicts and are unable to
differentiate between right and wrong.

Distinguish between child and juvenile and also explain the history and
various laws relating to Juvenile system in India?

Definition of Child and Juvenile under the Juvenile Justice Act, 2015 and
other various laws

Generally, a “child ”mean a person who has not attain the age of 18 years and is
not mature to understand that what is right and wrong . In modern era, the penal
laws of most countries have adopted the principle of ‘doli incapex’, which
 42

means of knowing that act there are committing is a crime. The penal laws also
states that Only child between the age of seven to twelve age can be convicted,
provided that, the act they have committed is a heinous crime and they have
knowledge and has attained the sufficient knowledge to understand the
consequences of their act.
According to sub- section 12 of Section 2 of The Juvenile (Care and Protection)
Act, 2015 a “child” means a person who has not completed eighteen years of
age. The Act classifies the term “child” into two categories:
 “child in conflict with law” , and
 “Child in need of care and protection”.
The child who has committed an offence and he or she is under the age of 18
years on the date of commission of the offence is basically called as “child in
conflict with law”. The second sub – category is “child in need of care and
protection” means a child ad defined under Section 14 of the Act.
 Children Act, 1960:- Section 2(e) of the Act states “child” means a
boy who has not attained the age of sixteen years or a girl who has not
attained the age of eighteen years.
 United Nations Convention : – The UN Convention on the Rights of
Child, 1989 defines that “child” means a human being below the age
of eighteen years unless the law declaration applicable to child ,
majority is attained earlier.

Difference between Juvenile and Child

A person under the age of full legal obligation and responsibility is a minor or
a person who is below the legal age of eighteen years is minor. A child being
accused of a crime is not tried as an adult and is sent to Child Care Centre
whereas juvenile is a person between the age group of sixteen and eighteen
years. A young person who is been accused of crime is a juvenile offender and
is tried as adult in court proceedings.
 43

In general sense both the term has same meaning but however difference lies in
context of implications in the eyes of law. Minor implies young and teen
persons whereas juvenile either indicates immature person or young offenders.
History of Juvenile Justice System in India

In present era, a movement for the special treatment of juvenile offenders has
started throughout the world including many developed countries like U.K.,
U.S.A. This movement has been started around the 18th century. Prior to this,
juvenile offenders were treated as same as other criminal offenders. And for the
same reason, General Assembly of United Nations has adopted a Convention on
the Rights of Child on 20th November 1989. This convention seeks to protect the
best interest of juvenile offenders. The Convention states that to protect the
social – reintegration of juvenile, there shall be no judicial proceeding and court
trials against them. The Convention leads the Indian Legislation to repeal the
Juvenile Justice Act, 1986 and to make a new law. Thus, Indian Legislation
came up with a new act which was called as “The Juvenile Justice (Care and
Protection of Children) Act, 2000.
The Juvenile Justice, 1986 which repealed the earlier Children Act, 1960,
aimed at giving effect to the guidelines contained in the Standard Minimum
Rules for the Administration of Juvenile Justice adopted by the U.N. countries
in November 1985. The above mentioned Act consisted of 63 Sections, 7
Chapters and is extended to whole India expect to the State of Jammu and
Kashmir. The primary purpose of the Act was to provide care and protection,
treatment, development and rehabilitation of the neglected juvenile delinquent.
The main objectives of the Act were:-
1. The act basically laid down uniform framework for the juvenile justice
in country in such a way that it protects the right and interest of
juvenile.
 44

2. It talks about the machinery and infra – structure for the care,
protection treatment, development and rehabilitation of the juvenile
offenders.
3. It set out the basic provisions for the proper and fair administration of
criminal justice in case of heinous crime done by juvenile offenders.
Juvenile Justice Act, 2000

The Act was enacted in year 2000 with aim and intent to provide protection for
children. The mentioned was amended twice – first in the year of 2006 and later
in year of 2011 .The amendment was made to address the gap and loopholes in
the implementation.
Further, the increasing number of cases of juvenile crimes in the last recent
years and frightful incident of “Delhi Gang Rape Case” has forced the law
makers to come up with the law. The major drawback of the Act was that it
contains ill equipped legal provisions and malfunctioning juvenile system was
also the major reason in preventing the juvenile crimes in India. The act was
replaced soon by The Juvenile Justice (Care and Protection) Act, 2015.
Present Juvenile Justice System in India

Like the other countries, India had also made legal provisions that especially
and specifically deals with the rights and protection of juvenile offenders which
seeks to tackle the problem of juvenile delinquency. The Juvenile Justice
System in India is made on the basis of three main assumptions:-
1. young offenders should not be tried in courts , rather they should be
corrected in all the best possible ways,
2. they should not be punished by the courts , but they should get a
chance to reform
3. trial for child in conflict with law should be based on non-penal
treatment through the communities based upon the social control
agencies for e.g. Observation Homes and Special Homes.
 45

Juvenile Justice Act, 2015

The aims to consolidate the laws relating to children alleged and found to be in
conflict with law and children in need of care and protection by catering and
considering their basic needs through proper care& protection , development,
treatment , social- integration , by adopting a child friendly approach in the
adjudication and disposal of matters in the best interest of children. The act also
focuses on rehabilitation of juvenile offenders through various child care
houses and institutions.

Explain the case laws relating to Juvenile delinquency and various

institutions?

Case Laws :-

In case of KulaiIbrahim v. State of Coimbatore it was observed by the Court

that accused has right to raise the question of juvenility at any point of time
during trial or even after the disposal of the case under the Section 9 of Juvenile
Justice Act , 2015.
In case of Deoki Nandan Dayma v. State of Uttar Pradesh the court held that
entry in the register of school mentioning the date of birth of student is
admissible evidence in determining the age of juvenile or to show that whether
the accused is juvenile or child.
Again in the case of Satbir Singh& others v. State of Haryana, Supreme
Court again reiterated that for the purpose of determination whether accused is
juvenile or not , the date of birth which is recorded in the school records shall be
taken into consideration by Juvenile Justice Board.
In case of Krishna Bhagwan v. State of Bihar the court stated that for the
purpose of trial under Juvenile Justice Board , the relevant date for the
considering the age of juvenile should be on which the offence has been
committed.
 46

But later in case of Arnit Das v. State of Bihar[, the Supreme Court overruled
its previous decision and held that date to decide in claim of juvenility should
be the date on which the accused is brought before the competent authority.
Juvenile Justice Board

There shall be a constitution of Board for the purpose of inquiry and hearing in
the matters of juvenile in conflict with law.
The Board shall consist of Principal Magistrate and two social workers, among
whom one should be women. The Act provides that under no circumstances the
Board can regulate and operate from regular court premises. The decision taken
by the Principal Magistrate shall be final,
1. Special Procedure of Juvenile Justice Board :- The Act has provided
the procedure against the juvenile offender .Following are the main
special procedure –
2. The proceedings cannot be initiated on a complaint registered by the
police or citizen
3. The hearing must be informal and should be strictly confidential.
4. The offenders should be kept under Observation Home after detention.
5. The trial of juvenile in conflict with law shall be conducted by lady
Magistrate.
6. A child in conflict with law may be produced before an individual
member of the Board , when Board is not sitting.

Define the term Police? And explain the functions of police?

The word ‘Police’ is a derivative of the Greek word politeia and its latin
equivalent word is politia. The Latin term politiea connotes the word ‘State’ or
 47

‘Administration’ it this sense, the term police means a body of civil servants
whose primary duties are preservation of order, prevention and detection of
crimes and enforcement of law. Thus, the word ‘police’ in a wider and generic
sense means “management of internal economy and enforcement of
Government Regulations of a country” in its narrower sense the term ‘police’
means “agency of the State to maintain law and order and enforce the
Regulations of Criminal Procedural Law”.

Functions of Police:-
1. Patrolling and surveillance;
2. Prevention and control of offences;
3. Arrest and release of accued on finding non-guilty;
4. Investigation and enquiry into offences;
5. Frisking and interrogation of offenders or suspects;
6. Search and seizure;
7. Maintenance of Inquest Registers;
8. Assistance to Public Prosecutors;
9. Identification of criminals and areas prone to crime;
10.Control of juvenile delinquency, recidivism, etc.,;
11.Public welfare; and
12.Control of roads and traffic.

1. Patrolling and surveillance: one of the most functions of the police

system during modern period is patrolling as a watch and ward duty,
especially in urban areas. In rural areas, patrolling work is undertaken by
village chowkidars. In rural police stations, the SHO is responsible for
deployment of police on patrolling duty. In urban areas modern patrolling
system techniques are in vogue. Mobile patrols with wireless
communications are also used as a means of surveillance.
Surveillance is yet another important function of the police to be an anti-
crime job. For this purpose dossiers and watch charts are kept in each
 48

police station. In the said police stations the list of criminals and anti-
social elements requiring special watch. The information and
photographs of the criminals will be displayed on cards in modus
operandi boxes.

2. Prevention and control of offences: prevention of offences is the

primary job of police force in from ancient times. The various powers are
given to the police under Criminal Procedure Code 1973. Constitution of
India also contemplates controlling measures against police in their
arbitrary use of prevcentive powers and their obligation to the manner in
which they must treat an arrested person and send him to Margistrate for
trial, interalia, as contemplated in Articles 20 and 22. The Supreme Court
also provided various safeguards to protect a person from arbitrary arrest
and detention by the police.
3. Arrest and release of Accused:-police are also empowered to release an
accused person whether or not arrested on his making a bond with or
without sureties in case there is no sufficient evidence or reasonable
ground of suspicion to justify the forwarding of an accused to the
Magistrate. Police cannot arrest if a person accused of an offence takes an
anticipatory bail under section 438 of Cr.P.C, 1973.
4. Investigation and enquiry into offences:-investigation and enquiry are
also one of the basic duties of police. They form part of the job of police
under I.P.C and special laws. Chapter XII Cr.P.C deals with powers of
police to investigation. They can question anybody who is acquainted
with the facts and circumstances of the case and such person is bound to
answer truly all questions. In case of cognizable offence, the police on
their own may undertake the job of investigation within their territorial
jurisdiction and sometimes in adjoining police stations areas.
5. Frisking and interrogation of Offenders or Suspects:-
 49

As a measure of social safety and security, the police are to frisk the
pockets and clothings of a suspect and this type of checking is entirely
different as search is made for collecting evidence as contemplated in
section 52 Cr.P.C. and while undertaking the function of interrogation,
police must observe certain limitation. The questions must not be
coercive or intimidating and in the same way the information should not
be extracted by coercive or third degree methods. In an admission made
before the police officer is not per se valid evidence(Section 27 of the
Evidence Act)
6. Search and Seizure:-
This forms part of the investigation to be carried by the police force. The
Code of Criminal Procedure, 1973 provides provisions relating to search
and seizure. Laws will impose certain restrictions in carrying the nature
of search and seizure of property connected with any offence. The search
can be made during day time in the presence of two independent
witnesses of the locality. They should be in accordance with law and
should not be unreasonable one. It can be conducted with or without
search warrant issued by Magistrate. In case of warrant issued by the
Magistrate, it must contain the information showing probable cause of
commiting the crime, specifying the place or places to be searched and
also reasonable time within which the search should be conducted.
7. Maintenance of Inquest Registrars:-
Inquest is of two types namely:
a. By Executive Magistrate
b. By police.
a) By Executive Magistrate: section 174 of the Cr.P.C
provides law relating to inquest. This section empowers the
said Executive Magistrate to hold inquest for finding out
whether death of a person was homicidal, suicide or
 50

accidental. Thus, inquest signifies a judicial enquiry to

determine the cause of death of a person especially where
the death is unnatural or suspicious.
b) By police: as part of their investigation, the police had to
make necessary record about each action taken and they
had to forward such information to a competent Magistrate
and to conduct inquest into the matter to determine the
cause of death. Such record of police is known as Inquest
Register. Such information reveals the preliminary and on
the spot enquiry made by the police into the case of
unnatural or suspicious death and to form a prima facie
opinion as to the cause of death.
8. Assistance to Public Prosecutor:- A public Prosecutor is a Government
Servant and functions as a link between the judicial Officers (Judicial
Magistrates etc) and Officers dealing with law and order(Police etc.). P.P
represents on behalf of the State (Government) before the Courts and
other Special Courts expressed to try criminal cases covered by any
Special Laws, in order to prove that the accused brought before such
Court or Courts has committed the alleged offence. In this regard, the
role of police is significant in the trial and conviction of offenders and
vice versa. Success or failure of prosecution greatly depends upon the
capabilities and skills of police who investigate the case and collects the
evidence, more accuracy of the information provided by the police , more
will be the scope for conviction of the offenders and vice versa.
9. Identification of Criminals and Crime prone Areas:- for this purpose
the police had require greater skill and efficiency. For this purpose the
police have to undertake special activities like laboratory tests etc., taking
the foresic help to examine finger printing, photography and other
identifying tools. The process of identification includes not only the
 51

identification of the criminals but also the victims and the material
objuects involved or used or operated in the commission of offences.
10.Control of juvenile Delinquency, Recidivisim etc.: police had to play a
pivotal role in the problem of juvenile delinquency and recidivism. Police
had to focus dealing with juveniles involved in crimes and controlling
juveniles trained or undergoing training to deviate towards commiting
crimes. The role of police in the administration of juvenile delinquency is
more important and essential need of the hour, especially at three stages,
namely, at preventive stage, trial state and the stage of rehabilitation of
criminals.
11.Public welfare:- the primary duties of police in the welfare states like
India, is to protection and promotion of public welfare. If police are not
friendly in nature with public, Such welfare States will become police
States. They had to play their role as Public Welfare Officers rather than
Police Officers. In order to co-operate with the said Officers, the public
had to come forward beyond their jurisdictional restrictions in helping the
victims and controlling the criminals, in tracing the missing persons, in
planning to protect the lives, livelihoods and properties of the citizens. It
all depends upon how the police are treated by the Government and how
the police treat the public while discharging their day-to-day activities.
12.Control of Roads and Traffic:- the traffic problems on the roads arises
up to mountain heights, due to density of population in major cities and
towns, due to Industrialization and urbanization the regular use of the
services of police force has become essential to meet these contingencies.

Who is a Police Officer? and what are his powers and duties of a
Police officer under Cr.P.C?

The word ‘Police’ is a derivative of the Greek word politeia and its latin
equivalent word is politia. The Latin term politiea connotes the word ‘State’ or
‘Administration’ it this sense, the term police means a body of civil servants
 52

whose primary duties are preservation of order, prevention and detection of

crimes and enforcement of law. Thus, the word ‘police’ in a wider and generic
sense means “management of internal economy and enforcement of
Government Regulations of a country” in its narrower sense the term ‘police’
means “agency of the State to maintain law and order and enforce the
Regulations of Criminal Procedural Law”.

Powers to investigate:-
Under section156 of Cr.P.FC, the police is empowered to investigate into a
cognizable offence without order of a Magistrate or without a formal first
information report. If the police do not investigate the Magistrate can order for
the investigation as in case of Abhyanand Jha v/s Dinesh Chandra-1968. Sec.
156(2) provides that no proceeding of a Police Officer in any such case shall at
any stage be called in question on the ground that the case was one which such
officer was not empowered under this sec. to investigate, case Hari Singh v/s
State of UP-2006. Sec.156 (3) Any magistrate is empowered under sec.190 may
order such an investigation, case Bateshwar Singh v/s State of Bihar-1992.
Arrest by Police Officer:-

A police officer may arrest without a warrant under Sections 41 (1) & 151
CrPC; under a warrant under Sections 72 to 74 CrPC; under the written order
of an officer in charge under Sections 55 and 157; under the orders of
magistrate under Section 44 and in non cognizable offence under Section 42
CrPC. A superior officer may arrest under Section 36 CrPC. An Officer-in-
Charge of a Police Station may arrest under Section 42 (2) and 157 CrPC.
Under Sections 41, 42, 151 CrPC, a Police officer may arrest without warrant
in the following conditions:
1. Who has been concerned in any cognizable offence or
2. Who has in possession, without, lawful excuse, of any house breaking
weapon or
 53

3. Who has been proclaimed as an offender either under CrPC or by order of

the State Govt. or
4. Who is in possession of any stolen property or
5. Who obstructs a police officer while in the execution of his duty or who
has escaped, or attempts to escape, from lawful custody or
6. Who is reasonably suspected of being a deserter from any of the Armed
forces of the Union or
7. Who has been concerned in any law relating to extradition or
8. Who, being a released convict commits a breach of any rule made under
sub-section (5) of Section 356 CrPC or
9. For whose arrest any requisition has been received from another police
officer specifying the person to be arrested and the offence and other cause for
which the arrest is to be made.
As held in the case of Swami Hariharanand Saraswati vs Jailer I/C Dist.
Varanasi, 1954, the arrested person must be produced before another magistrate
within 24 hours, otherwise his detention will be illegal.
In the case of Joginder Kumar vs State of UP, 1994, it was held that no arrest
can be made merely because it is lawful to do so. There must be a justifiable
reason to arrest.
Further, in State vs Bhera, 1997, it was held that the “reasonable suspicion”
and “creditable information” must relate to definite averments which must be
considered by the Police Officer himself before he arrests the person.
Power of Preventive Arrest:

In India, section 107 and section 151 of CrPC give the powers of Police for
preventive detention mainly. It is the duty of the Police to prevent Cognizable
offences. Also, the Police have the power to arrest a person without a warrant or
an order from the magistrate in cases they have knowledge that such person is
planning to commit a cognizable offence.
 54

Though, the Police can only make the arrest if it is the only way to prevent such
offence. The idea behind these provisions is to avert the commission of an
offence. The constitutional validity of these Sections has always been in
controversy. Many persons have filed petitions questioning the validity of the
provisions of the preventive arrest. In a case, certain landowners of MP were
protesting after being affected by the Sardar Sarovar Project. Even though they
posed no threat to commit cognizable offences but were still beaten up and
arrested. The Court held that this was in violation of Article 21 of the
Constitution.However, section 151 already mentions the grounds of the arrests.
Also, preventive arrest laws are given legal recognition under the Constitution
of India. So, these provisions cannot be said to be in violation of Articles 21 and
Article 22.
Define Nature and Scope of Victims and Victimology?
Definition of Victim:
A direct reference to a victim (“Victim“) may be a person who has suffered
some loss or injury by any criminal act. He may be a person who has suffered a
direct and actual loss.
Section 2(wa) of Cr.P.C defines "victim" means a person who has suffered any
loss or injury caused by reason of the act or omission for which the accused
person has been charged and the expression "victim" includes his or her
guardian or legal heir.
Classification of Victims :- For Mendelsohn (1976) victims are classified
primarily in conformity with the degree of contribution to the crime. Hence
Mendelsohn categorized the victims as follows:
The "completely innocent victim." The victim can be a child or a person who is
unconscious.
The "victim with minor guilt" and the "ignorant victim." The victim can be a
woman who agrees for a mis-carriage and as a result pays with her life.
 55

The voluntary victim and the "victim as guilty as the offender." The victim can
be a person who commits suicide or asks for euthanasia.

The "victim more guilty than the offender." The victim can be a person who
provokes or induces someone to commit a crime.

The "most guilty victim" and the "victim who is guilty alone." The victim can
be the aggressive victim who kills the attacker in self-defence.

The "stimulating" or "imaginary victim." The victim can be a paranoid or a

hysteric or a senile person.

Other Categories of Victims

(i) Primary Victim–

Any person, group or entity who has suffered injury, harm or loss due to
illegal activity of someone is called a primary victim. The harm may be
physical, psychological or financial.
(ii) Secondary Victim–
There may also be secondary victim who suffer injury or harm as a result of
injury or harm to the primary victim.

(iii) Tertiary Victim–Tertiary victim are those who experience harm or injury
due to the criminal act of the offender. He is another person besides the
immediate victim, who is victimized as a result of the perpetrator’s action.
Example, in case of rape, the woman raped is the primary victim, while a
child, if born out of such rape, is the secondary victim because he/she suffers
from lack of paternity. But the general shame and disgrace which the entire
family of the raped victim has to suffer at the hands of the society and the
system makes them tertiary victims. However, it cannot be assumed that
secondary and tertiary victims are less traumatized than the primary victims.
NATURE OF VICTIMOLOGY:
 56

Victimology is the study of victimization, including the psychological effects on

victims, relationships between victims and offenders, the interactions between
victims and the criminal justice system—that is, the police and courts, and
corrections officials—and the connections between victims and other social
groups and institutions, such as the media, businesses, and social movements.

SCOPE OF VICTIMOLOGY:

The term victimology, in fact, denotes to the subject, which studies about the
harms caused to victim in commission of crime and the relative scope for
compensation to the victim as a means of redressal. In criminal jurisprudence,
mere punishing of offender is not sufficient to redress the grievance of victim;
there is need to compensate the loss or harms suffered by the victim. In
Criminal Procedure Code, though provisions have been made in Section 357 to
provide compensation to victims, who have suffered loss or harms in
consequence to commission of offence. But, what has been provided in Indian
Law, as a compensatory measure to victims of crimes, is not enough and this
aspect needs to be reviewed by the legislature to frame or enact necessary law,
so as to sufficiently compensate to victims of crimes and to provide safeguards
to victims of crimes, besides compensating him in monetary terms.

Victimology is a relatively young branch of academic research. Its objective is

to gain knowledge about victims of crime and abuse of power. Victimology has
from its inception adopted an interdisciplinary approach to its subject matter.
Contributions are being made by experts from fields as diverse as academic
lawyers, criminologists, clinical and social psychologists, psychiatrists and
political scientists. There are specialized international journals for victimology;
there is a world society of victimology and there are a number of regional and
national societies of victimology. The purpose of the study of victimology is to
enhance our understanding regarding victims and impact of crime on them. The
aims of victimology relate to the meaning and issues of victimology. Therefore,
 57

the study of victimization is the study of crime giving importance to the role and
responsibility of the victim and his offender.

Explain the development of Victimology in India and various Reliefs

programmes?
CONCEPT OF VICTIMOLOGY IN INDIA:­

Victimology is science of study of the relationship between victims and

violators of law or offenders. At present, a crime victim or a complainant is only
a witness for the prosecution. Whereas the accused has several rights, the victim
has no right to protect his or her interest during criminal proceedings.
Sometimes, even the registering of a criminal case in the police station depends
upon the mercy of the police officer: victims suffer injustice silently and in
extreme cases, take the law into their own hands and seek revenge on the
offender.
Though no separate law for victims of crime has yet been enacted in India, the
silver lining is that victim justice has been rendered through affirmative action
and orders of the apex court. Besides, many national level Commissions and
Committees have strongly advocated victims’ rights and reiterated the need for a
victims’ law. The Supreme Court has forged new tools, devised new methods
and adopted new strategies for the purpose of making fundamental rights
meaningful even to the victims of crime of crime in AIR 1995 SC 14, the
Supreme Court directed the State of Uttar Pradesh to suspend and start
disciplinary action against two police officers and one medical officer for
making perfunctory investigation of rape case to pay the amount of
Rs.2,50,000/- as compensation. By the landmark judgment in Hari Kisan’s case
AIR 1988 SC 2127 Supreme Court not only awarded compensation of
Rs.50,000/- to the victim, but also directed the subordinate criminal courts to
exercise the power of awarding compensation to the victims of offences in such
a liberal way that the victims may not have to rush to the civil courts for
 58

compensation to the victims. Unfortunately, the subordinate judiciary is rarely

invoking this provision to award compensation to the victims, where the
accused persons are acquitted of the charge on benefit of doubt or on any
technicalities of laws. The General Assembly of the United Nation’s has
recommended payment of compensation to the victims of crime by the State,
when compensation is not fully available from the offender or other sources.
Unfortunately, the victims of communal riots, dacoity, arson and rape are not
getting compensation in our present justice system. Since the State is under duty
to protect the life, liberty and security of its citizens, it is bound to pay
compensation to the victims of crime irrespective of whether the accused is
convicted or acquitted of the criminal charge. Payment of compensation to the
victims of crime for any injury caused to him has not been institutionalized
under the Indian Penal Laws. Nor any legal right to be compensated has been
created in favour of the victim. In case of irreversible injury monetary
compensation is the sole effective remedy. In India there is neither a
comprehensive legislation nor a statutory scheme providing for compensation
by State to offender to victims of crime. The legislative vacuum of a legal right
to monetary compensation for violation of human rights has been supplemented
by the higher judiciary by developing a parallel constitutional remedy. In AIR
1983 SC 1086 the Supreme Court for the first time in Rudal Sah Vs. State of
Bihar made it categorically clear that the higher judiciary has the power to
award compensation for violation of fundamental rights through the exercise of
writ jurisdiction and evolved the principle of compensatory justice in the annals
of human rights jurisprudence.

Various Relief Programmes:

The compensation has to be ordered by the court. Compensation can be sought

through the procedure established by the court. Compensation is awarded for
material as well as non-material damages.
 59

Material damages include medical expenses, loss of livelihood, etc. Non-

material damages include pain, suffering, mental trauma, etc. In criminal cases,
the victims can directly apply for the compensation, and it is the duty of the
lawyer representing the victim to demand such compensation.

Laws governing compensation of victims of crime in India

The provisions relating to compensation to victims of crime are contained in

sections 357, 357(1), 357 (2), 357 (3), 357A, 358, 359 and 250 of the Code of
Criminal Procedure, 1973.

Constitution of India also provides for certain safeguards to the victim of crime.
Article 14 and 21 of the Constitution supports the argument.

Victim compensation under The Code of Criminal Procedure, 1973

Where conviction and fine is part of the sentence

When an accused is proven guilty, and the court passes an order which contains
a fine of any denomination, the court can order such fine or any part of it to be
paid to the victim of crime. The fine imposed is utilized to compensate the
victim of fine in the following ways.

#1 Compensating for the expenses incurred during litigation (357 1 a)

This is the essential relief which a victim of a crime must get. Litigation costs in
India are very arbitrary. The lawyer charges hefty amount. Getting justice at
times adds to the burden of the victim itself. Instead of getting justice, the
victim is trapped in the honeycomb of justice delivery system.

The court knows this fact and thus, compensate victim by providing them the
expenses incurred during litigation.

#2 Compensation for loss or injury to be recovered by the civil court

If the court is of the view that, the compensation sought is beyond the
jurisdiction of the court, the court itself orders the appropriate court to look into
the matter.

In the payment to any person of compensation for any loss or injury caused by
the offence, when compensation is, in the opinion of the Court, recoverable by
such person in a Civil Court.
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#3 Compensation in case of death

One might question the fact that, who is the victim where death has been
caused? As the victim is already dead, who should be compensated for the
crime?

It is the family of the victim. Think of the mental trauma they might have gone
through. Medical expenses incurred, expenses during last rites. What if the
victim who died was the sole bread earner of the family?

The Court is well aware of such situation. Therefore, the legislature and the
judiciary tied their hands to do complete justice.

Victims are entitled to recover damages from the person sentenced for the loss
resulting to them from such death. When any person is convicted of any offence
for having caused the lives of another person or of having abetted the
commission of such a crime.

#4 Compensation of victim of crime in offences like theft, cheating,

criminal breach of trust, etc

In cases of crime such as theft, cheating, criminal breach of trust, criminal

misappropriation, the Court either tries for recovery of goods and in the case
where recovery is not possible court orders for compensation for the price of
such goods.

Compensation where fine is not a part of the sentence

The accused person in such case may be ordered by the court to pay a certain
sum as compensation to the victim of crime who suffered loss or injury. Indian
legal system is victim friendly. Victim’s rights are kept at the top of the priority
list.

When a Court imposes a sentence, of which fine does not form a part, the Court
may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who
has suffered any loss or injury by reason of the act for which the accused
person has been so sentenced.

Victim compensation Scheme

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In 2009, the central government gave directions to every state to prepare a

scheme which has to be in agreement with the center’s scheme for victim
compensation. The primary purpose of the scheme is to provide funds for the
purpose of compensation to the victim or his dependents who have suffered loss
or injury as a result of the crime and who require rehabilitation.

Quantum of compensation under the scheme

It is the court which orders that the victim who suffered loss needs to get
compensated. Under the scheme, whenever a recommendation is made by the
Court for compensation, the District Legal Service Authority or the State Legal
Service Authority, as the case may be, decides the quantum of compensation to
be awarded.

Compensation in cases where the accused is not found guilty or the culprits are
not traced

Where the cases end in acquittal or are discharged, and the victim has to be
rehabilitated, the court may make a recommendation for compensation.

Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an
application to the State or the District Legal Services Authority for an award of
compensation.

Who is to provide compensation in the above case

The State or the District Legal Services Authority shall, after due enquiry-award
adequate compensation by completing the inquiry within two months.

Also, it is the duty of the State or the district legal service authority to provide
an immediate first-aid facility or medical benefits to the victim free of cost on
the certificate of the police.

Central Victim Compensation Fund Scheme

The Central government in 2015 formulated the CVCF scheme to compensate

the determined. Every state has their own guidelines which decide the
procedure.

An attempt has been made by iPleaders to bring forth the procedure by

examining different scheme of the different states. This is a standard procedure
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which one might follow. To know the exact step by step procedure, please see
your state’s guidelines on Victim compensation fund.

Step 1 Making an application before the District/State Legal Service

Authority

An application can be made for temporary or final compensation. It can be filed

by the Victims or their dependents or the SHO of the area.

The application must be submitted along with a copy of the First Information
Report (FIR), medical report, death certificate, if available, copy of judgment/
recommendation of court if the trial is over, to the State or District Legal
Services Authority

Step 2 The scrutiny stage.

District Legal Service Authority of every state first verify the content of the
claim. Specific loss, injury, rehabilitation is taken into consideration.

Step 3 Deciding the quantum of compensation to be given to victim of

crime

The quantum of compensation to be granted is decided on the following factors,

The gravity of the offence and the loss suffered by the victim.

Medical expenditure incurred during treatment.

Loss of livelihood as a result of injury or trauma.

Whether the crime was a single isolated event (Example Theft) or whether it
took place over an extended period of time (Example multiple times, Rape with
a woman who has been locked in a house)

Whether the victim became pregnant as a result of such offence.

In the case of death, the age of deceased, his monthly income, the number of
dependents, life expectancy, future promotional/growth prospects etc.

Or any other factor which the Legal Service Authority might deem fit.

Step 4 Method of disbursement of compensation

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The amount of compensation so awarded shall be disbursed by the respective

Legal Service Authority by depositing the same in a Nationalized Bank in the
joint or single name of the victim/dependent(s).

Out of the amount so deposited, 75% (seventy-five percent) of the same shall be
put in a fixed deposit for a minimum period of three years.

The remaining 25% (twenty-five percent) shall be available for utilization and
initial expenses by the victim/dependent(s), as the case may be.

In the case of a minor, 80% of the amount of compensation so awarded, shall be

deposited in the fixed deposit account and shall be drawn only on attainment of
the age of majority, but not before three years of the deposit

The amount of compensation will increase by 50% if the victim is below 14

years of age

EXPLAIN THE DISTINCTION BETWEEN PROBATION AND PAROLE?

ASPECT PROBATION PAROLE.

Historical The system of probation owes its Whereas the system of
Evolution:- origin to John Augustus of parole came into
Boston (U.S.A.) around 1841 existence much later
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somewhere around 1900.

Meaning:- The term ‘probation’ is derived According to Donald
from the Latin word ‘probare’ Taft, “Parole is a release
which means ‘to test’ or ‘to from prison after part of
prove’. Etymologically, the sentence has been
probation means ‘I prove my served, the prisoner still
worth’ remaining in custody and
under stated conditions
until discharged and
liable to return to the
institution for violation
of any of these
conditions.

The object of probation is to To enable the inmate to

Object: keep delinquent away from evil maintain continuity with
consequences and offer him an his family life and deal
opportunity leads socially useful with family matters;
life without violating the law
and as of all methods of To save the inmate from
treatment is the ultimate the evil effects of
rehabilitation of the offender in continuous prison life;
the community.
To enable the inmate to
retain self-confidence
and active interest in life.

Punitive In probation, there is no punitive But in parole, the

Reaction:- reaction to the crime. It is purely punitive reaction to the
a treatment of offender. crime is present. Few
part of sentence is served
i.e. punitive.
Nature: Probation is judicial in nature Parole is quasi-judicial in
nature and civilized or
respected members of
society constitute Parole
Board.
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Sentence: In probation, no such formal But parole is granted

penalty is imposed, if imposed is after serving a part of
not executed sentence in prison.
Substitute for Probation is granted as a But parole is granted
Punishment:-.. substitute of the punishment after completing a part of
sentence.
Punishment and Probation is only a treatment in But parole implies both
Treatment which the sentence is suspended punishment and
treatment.
Stage:- Probation is probably the first Whereas parole is the
stage of correctional scheme last stage of correctional
scheme.
Stigma or No stigma in case of probation Whereas a prisoner
Disqualification:- because use no sentence released on parole suffers
stigmatization as a
convicted criminal in the
society.