TOPIC WISE NOTES OF CRIMINOLOGY – SY.LLB & 4th Year BLS.

SCOPE AND DEVELOPMENT OF CRIMINOLOGY

Introduction:
The word “Criminology” originated in 1890.
The general meaning of the term is ―the scientific study of crime as a social
phenomenon, of criminals and of penal institution.
Prof. Kenny (analyzed /defined/ described) that Criminology is a branch of
criminal science which deals with crime causation, analysis and prevention of
crime. Criminology as a branch of knowledge is concerned with those particular
conducts of human behavior which are prohibited by society.
Prof. Gillin has rightly observed that it is not the humanity within the criminal but
the criminality within the human being which needs to be curbed through effective
administration of criminal justice.
It is, therefore, a socio-legal study which seeks to discover the causes of
criminality and suggests the remedies to reduce crimes. Therefore, it flows that
criminology and criminal policy are interdependent and mutually support one
another. Thus criminology seeks to study the phenomenon of criminality in its
entirety. The problem of crime control essentially involves the need for a study of
the forces operating behind the incidence of crime and a variety of co-related
factors influencing the personality of the offender. This has eventually led to
development of modern criminology during the preceding two centuries. The
purpose of study of this branch of knowledge is to analyze different aspects of
crime and device effective measures for treatment of criminals to bring about their
re-socialization and rehabilitation in the community. Thus criminology as a branch
of knowledge has a practical utility in so far as it aims at bringing about the
welfare of the community as a whole. The principles of criminology serve as
effective guidelines for formulation of penal policy. The modern clinical methods
and the reformatory measures such as probation, parole, indeterminate sentence,
open prisons, and other correctional institutions are essentially an outcome of
intensive criminological researches during the twentieth century. These measures
have sufficiently demonstrated the futility of dumping offenders inside the prisons
and infliction of barbaric punishments. Prof. Gillin has rightly observed that it is
not the humanity within the criminal but the criminality within the human being
which needs to be curbed through effective administration of criminals.
Definition:
DONALD TAFT:
Preferred a simplistic definition of criminology and observed that – it includes a
scientific analysis and observation of crime and criminals whereas penology is
concerned with the punishment and treatment of offenders.

A. CONCEPT OF CRIME :-

 Early concept of crime:- Ever since the dawn of human civilization

crime has been a baffling problem. Crime is a dynamic concept
changing with social transformation. In the 12th & 13th Century it
included only those acts as crime which were committed against the
state or the religion. Thus treason, rape and blasphemy were treated as
crime whereas murder was not a crime. Further till 1700s crime was
viewed as an activity committed by a person under the influence of a
demon and was the result of supernatural forces. Another
characteristics of this period was ordeal system – Balance, Fire,
Water, Poison & Kosa.
 18th & 19th Century :- In European countries particularly in France
& Italy, the period of 18th Century witnessed an era of miraculous
reorientation in criminological thinking. Crime was a divine
displeasure, like all myths were abandoned & study of crime and
criminal was started afresh on a scientific basis.

 20th Century :- There has been considerable increase in crime rate in

recent decades. The crime statistics all over the globe have recorded a
similar trend. In fact, the incidence of crime in western countries is far
greater than that of India, perhaps because of the variance of social
conditions in these countries. Generally speaking, the upward trend in
crime rate can be attributed to modernization, urbanization,
industrialization, advance of science & technology & growth of
civilization.

 21st Century :- Hi-tech world and use of computer network has given
rise to cyber-crimes and other computer related unlawful activities.
Cyber-crimes are harmful acts committed for or against a computer or
against information on computer network. Fresh approach to crime
and criminals so as to cope with the new situations and keep crimes
well within control.

 Nature & Orient of Crime in India :-

Orient of crime takes us to the past when Manu & Brahaspati gave us
Dharam shastras, Narada gave the Smritis, & Kautilya gave the
Arthashastra. India had sophisticated system of administration of
 justice. King had no independent authority. The system of
administration of justice was derived from Dharma. The distinction
between civil & criminal offences was clear. The civil wrongs related
to disputes relating to wealth and for crime – the concept of sin was
used.

B. SIN :-
An act against Dharma An adharmic course of action which
automatically brings negative consequences. It is also known as ‘
adharma’, ‘paap’, ‘pataka’. One who through his mind , speech &
action does work that is against his varnashrama dharma (duties as per
varnas or caste) falls into hell. Punishment for a crime was not same
for all varnas.

C. DIFFERENCE BETWEEN SIN & CRIME :-

Sin Crime
Concept emanates from religion. Concept emanates from a legal
proposition.
Violation of rules of religion or Breach of law.
morality.
A sinner is punished by God. Criminal is punished by the
State.
There is no direct injury or harm A crime necessary involves some
in a sin every time. kind of direct injury.
Remedy – Penance. It is subjected to a term of
sentence by the court of law.
D. DEFINITION OF CRIME:-

 Blackstone – “a crime is an act committed or omitted, in violation of

a public law either forbidding or commanding it.”
 He modified the def – “a crime is a violation of the public rights and
duties, due to the whole community.”
 Halsbury – “crime as an unlawful act which is an offence against the
public, the perpetrator of that act is liable to legal punishment.
 Salmond - “An act deemed by law to be harmful for the society as a
whole though its immediate victim may be an individual”.

E. CHARACTERISTICS OF CRIME :-

 External consequences – Crimes always have a harmful impact on

society, may be social, personal, emotional or mental. The harm must
have been actually caused. Mere intension does not constitute a crime.
 Outlawed act – The harm must be specifically outlawed. Only
immoral behavior is not a crime eg. Live-in –relationship.
 Actus reus (An act) – There should be an act or omission followed
by some external consequences. Intention or mens rea alone shall not
constitute a crime unless it is followed by some external or overt act.
 Mens- rea (guilty mind) – It is essential element or characteristic to
constitute a crime. If the offender has been found guilty of wrongful
intentions he shall be prosecuted by court of law. Absence of guilty
mind may save him from punishment.
 Prohibited act – It must be forbidden by existing law. It is general
rule of criminal law that no offence can be punished retrospectively, if
said act did not constitute an offence at the time the said act was
committed.
 Relativity - There must be relation between act or omission &
resulting harm.
 Punishment – The act in order to constitute crime should not only
prohibited but also punishment by law.

F. CLASSIFICATION OF CRIME :-

 Legal :- It includes raditional crime such as theft, robbery, dacoity,

hurt, & rioting etc.
 Political :- It includes crimes such as immoral campaigning, booth
rigging, violation of norms or of any such rules that are laid down by
Election commission.
 Economic :- White Collar Crime, tax evasion, smuggling,
prostitution, gambling, foreign exchange violation, offences under
MRTP Act 1991.
 Social crime :– child marriage, untouchability, immoral trafficking,
indecent representation of woman, commission of sati, dowry,
atrocities against SC & ST.
 Miscellaneous crime :– food adulteration, consumer rights violation,
Illicit traffic in Narcotics.

G. CLASSIFICATION OF OFFENCES UNDER IPC :-

 Offences against person
 Offences against property
 Offences relating to documents
 Offences against public tranquility
 Offence against state
 Offences relating to public servants

H. CONCEPT OF CRIMINOLOGY :-
The word criminology is derived from – Latin word Crimen- Accusation
or Crime & Greek word logos- science or study. It includes study of
causes of crime.

 WHETHER MODERN CRIMINOLOGY IS A SCIENCE ? :-

According to Donald Taft- it includes a scientific analysis and
observation of crime and criminals whereas penology is concerned with
the punishment and treatment of offenders. It is study of reasons of
crime, process of investigation of crime and prosecution in the court of
law bringing the facts of the case to light to enable the state machinery
to decide upon the case. It is thus use of scientific methods which would
help in administration of justice to decide the quantum of punishment,
probation, parole and problems related to juvenile and recidivists. It is an
interdisciplinary science which gathers and analyses the data on crime
and criminal behaviour. Thus according to Dr. Kenny – “Criminology
is a branch of criminal science which deals with crime causation,
analysis & prevention of crimes.”
 NATURE AND SCOPE OF CRIMINOLOGY :-

 Theoritical/ Pure Criminology:-

a. Criminal Anthropology :- Cesare Lombroso was the first one to
propound this theory. It led to the origin of modern criminology.
Further it seeks to understand the personality of the offenders in
physical terms. According to him criminals were different from
common public physically. They have different physical attributes.
However Freud & Sutherlands view was different. According to
them multiple factors abutting the criminal attitude came to light.
Thus this view of Lombroso is no longer supported.
b. Criminal Sociology :- Sutherland’s Theory – differential
association. In this case it explains criminal behaviour as a process
of learning through association with other criminals. However
psychological variables or personality traits are missing in this.
c. Criminal psychology:- Alfred Binet & Prof. Jerman – main
propounder. It co-relate criminality to emotional aspect of human
nature.
d. Criminal psycho-neuro- pathology :- Dr. Glueck & Freud -
Main exponents. This branch attributes criminality to functional
deviations and mental conflicts in the personality of offender.
Factors such as anxiety, inferiority complex, frustration, depression
lead to person committing crimes.
e. Penology – It concerns with various aspects of punishments
& penal policies.
 Practical/ Applied criminology :- Applied criminology on the
other hand, includes the study of criminal hygiene and criminal
policy which is founded on social derivative conclusions.

 Criminalistics :- This is another branch of criminology. It

connotes the police techniques of crime investigation & detection.
It provides very useful material for studying and understanding of
criminal administration of justice from the point of view of field
officers whose pre occupation is to deal with law and procedure
relating to investigation and prosecution of criminal cases.

 Socio-legal study :– Criminology as a branch of knowledge is

concerned with conducts of human behavior which are prohibited
by society. Therefore it seeks to discover the causes of criminality
& suggests remedies to reduce crime.
I. TWO CARDINAL PRINCIPLE OF CRIMINAL LIABILITY :-

Judicial approach to criminology suggests that an act to become a

crime must conform to two cardinal principles of criminal liability,
namely :-
(i) Nullum crimen sine Lege - No crime – without statute
specifically forbids.
(ii) Nulla poena sine Lege - No penalty without prior legal
authority.

According to the first principle, no one is held criminally liable unless

he has done an act which is expressly forbidden under the existing
 criminal law of the land and has a reprehensible state of mind to do it.
The second principle suggests that no one can be punished for an act
unless it is made punishable under the law. Thus, it is doubtful
whether a swimmer who keeps on watching a child drowning in a
pond but makes no effort to save the life, can be punished under the
criminal law for his omission to rescue the child.

J. FUNDAMENTALS OF CRIMINAL LAW :-

 Mens Rea – An act must be committed with criminal intent which
is legally termed as mens rea. This principle is contained in the
well know maxim “actus non facit reum nisi mens sit rea’. It can
be dispensed with in the following exceptional cases :-
i) Cases not criminal in real sense but punishment in view of
public welfare.
ii) Public nuisance.
iii) Legitimate exercise of private defence or delicate operation
carried out by a surgeon fully having the knowledge that it
might turn fatal would not be an offence.

 Mistake of Fact – ignorantia facit excusat, ignorantia juris non

excusat. Thus it suggests that ignorance of fact is an excuse but
ignorance of law cannot be an excuse. Ignorance of fact is a good
defence.
In R v Prince case :- The accused took an unmarried girl under the
age of 16 out of the possession of the father and against his will.
The defence given by the accused in this case was that he
bonafidely believed the girl to be more than 16 years of age from
 her physical built. This was not accepted as the taking of girl was
itself a wrongful act and punishable by law.
 Expost facto Law - No one can be punished for an act which is not
listed as crime at the time of its commission. That is to say that all
those acts which may lead to punishment shall be duly notified and
no one can be punished for an act which is not listed as crime at
the time of its commission, but has become so subsequently.
 Opportunity to defend – Another important principle is presumed
to be innocent unless proved guilty. This is intended to afford
every possible opportunity to the accused to defend himself.
 Accomplice – An accomplice treated at par with principal accused
& punished equally.
 Rights of Accused :- Certain rights available before and after
trial :-
- Right to be produced before Magistrate
- Right to bail, release on bond
- Right to counsel & legal aid etc.

K. APPROACHES TO CRIME CONTROL:-

a. Family :-
 Children from broken homes or belonging to lower income groups–
generally not always exhibit certain offensive behaviour.
 Developed countries adoption is allowed in such cases by a reputed
family to make the future of the child secure.
b. School :-
 Often children are reprimanded for their offensive behaviour in
school.
 The reward and punishment has a greater impact on the minds of
children
c. Religion :-
 God fearing people will restrain from doing anything wrong.
 Religious writings, speeches of religious leaders have an impact on
the people in general and which stops them from doing anything
which is wrong.
d. Police:-
 Formal agency entrusted with the duty to maintain law and order.
 Responsible for developing certain designs to control crime as he is
empowered to intervene.
 Effective way of controlling crime.
e. Punishment :-
 Crimes are generally controlled to punishment.
 Instills fear in the mind of the criminal and are prevented from
committing further crimes.
 Deterrent effect on the offenders

L. CLASSIFICATION OF CRIMINALS :-
a. First time offenders:- People who have committed a crime in self-
defense, ignorance or negligence. Poverty, socio economic conditions,
self defense, ignorance or negligence are the reasons for committing a
crime.
b. Habitual offenders :- Person who frequently has been convicted of
criminal behaviour and is presumed to be a danger to society. In an
attempt to protect society from such criminals, penal systems
throughout the world provide for lengthier terms of imprisonment for
them than for first-time offenders. Although many habitual offenders
tend to commit the same type of crime over and over again, a person
does not necessarily have to commit the same crime in order to be
called a repeat or habitual offender.
Some common examples of crimes that habitual offenders often
commit include:
i. Drug crimes (e.g., possession and intent to distribute);
ii. Burglary;
iii. Robbery;
iv. Instances of petty theft (e.g., shoplifting);
v. Assault or aggravated assault;
vi. Trespassing; etc.

c. Professional offenders :- People who do not have any personal

interest in the commission of crime. They commit crime on behalf of
others and expect some gain for the said crime.

d. White collared offenders :- It refers to financially motivated

nonviolent crime committed by business & govt professionals. It is
rightly said that power corrupts and absolute power corrupts
absolutely. Cause of white collar crimes are avarice, bad public
mentality, high social status, urbanization, etc.

e. Chronic offenders :- Offenders who often commit crime because of

their anxiety, guilt feelings and personality conflicts. They often
 referred to as pathological criminal due to the criminal behaviour
which they portray.
f. Criminal tribes :- Often referred to as De notified and nomadic
tribes. They are patriarchal in nature. Status of women is low. Their
nuisance was widespread which led to the enactment of Criminal
Tribes Act 1871. They were denotified and did not form a part of SCs
and STs in the Constitution of India, thus making the rehabilitation
difficult.
g. Situational Criminal :- Crime done only because there is an
opportunity available or crime done impulsively. They are not
premeditated. Use of CCTV will monitor the behaviour of people and
also will help to detect such crimes. Recording of telephonic
conversations is also one such method to avoid verbal abuse.
h. Women Criminality :-
 The history of mankind reveals that the woman has been the
foundation stone of a family in particular and society in general.
Especially in India, a woman is seen as preserver of social norms,
traditions, customs, morality and family cohesiveness.
 In the present world a woman has taken up added responsibility of
making a mark of her own to have an identity along with nurturing her
family.
 However, it is sad to see that women’s achievement is also getting
extended towards criminality in the social, cultural, economic and
political milieu of India.
 Female Criminality in India is at rise along with the increase in crime
against woman.
 As stated in the beginning, in India also the social environment
contributes a lot to the making of women criminals. Here, it has more
to do with the patriarchal society.
 Very famous example about a victim turned victimizer, Phoolan Devi.
Her story as a victimizer starts with law failing to give her justice.
Phoolan Devi denied of justice had turned into notorious bandit queen
who later became politician. However, in her short struggle-full life
she had gained lot of enemies and she was murdered.
 The dowry cases registered in India involve mother in laws who
actively participate in beating up the daughter in law and even setting
her ablaze. Further misuse of Section 498 A is another example of
women criminality.

i. Young offenders :-
 A young offender is a young person who has
been convicted or cautioned for a criminal offense.
 Criminal justice systems often deal with young offenders differently
from adult offenders, but different countries apply the term "young
offender" to different age groups depending on the age of criminal
responsibility in that country.
 Extremely career oriented parents often neglect children who later on
exhibit deviant behaviour. It is essential that tantrums of child are
curbed at the earliest.
 The definition of deviance is relative different for lower income groups
and for affluent families.
M.CYBER CRIMES :-
 The development from the year of 1980's in information technology
and electronic media have given rise to a new variety of computer
related crimes which are commonly called "cyber crimes".
 The widespread growth of these crimes has become a matter of global
concern and a challenge for the law enforcement agencies in the new
millennium.
 Because of the peculiar nature of these crimes, they can be committed
anonymously and far away from the victim without being physically
present there.
 Further, cyber criminals, have a major advantage; they can use
computer technology to inflict damage without risk of being caught.
 These crimes cover a wide range of illegal computer-related activities
such as theft of communication services, industrial espionage,'
dissemination of pornographic and sexy offensive material in cyber-
space, electronic money laundering and tax evasion, electronic
vandalism, terrorism and extortion, tele-marketing frauds, illegal
interception of tele-communication etc.

 Definition – “illegal criminal activity that uses a computer either as an

instrumentality, target or means of perpetrating further crime”

 Reasons for Cyber Crimes :-

i. The storage capacity affords to derive & remove data either through
physical or virtual medium more easily.
ii. Computer are easy to access by use of cyber space technology.
iii. Evidence is destroyed in no time, which makes difficult for
investigation.
iv. Slightest negligence on the part of computer user may lead to illegal
access.

 Viruses – There is a cyber-crime wave in the recent year. Viruses are

the most common problems causing serious damage by inserting itself
to computer. It destroys or alters the data files & another program. In
rare cases it does not affect the computer hardware. More than 5000
different strains of virus across the globe are found. Eg :- ‘Love Bug’
virus in May 2000 caused severe damage to internet.

 Virus Hoax :- It generally appears an email message that describes a

particular virus that does not exist in fact. Such messages are intended
to create panic. ‘Good Times’ virus hoax in 1994 has circled the globe.
It is advisable that to ignore or delete such messages.

 Categories for Cyber Crime :-

a. Unauthorised Access :-
 Sabotage of computer systems or computer networks.
 Sabotage of operating system or networks
 Theft of data / information
 Theft of intellectual property (computer software)
 Theft of marketing information, &
 Blackmailing based on information gained from computerized files
such as personal history, sexual preferences, financial data,
medical information etc.
 b. Stalking :-
 In this persistent messages are sent to unwilling recipients,
causing them annoyance, worry & mental torture, online
harassment & threats etc.
 A cyber stalker collects personal information about victims such
as name, age, family background, mobile number etc.
 Innocent women, girls are being targeted as victim.

c. Hacking :- It means seeking unauthorized access through

computer network. The reason behind this is to indulge –
monetary / political gain.
Types :-
i. Web-hacking – forcefully taking control over website of
someone for attainment of illegal purpose.
ii. E-mail bombing – sending large numbers of e-mail to the victim
cause confusion & harassment.
iii. Trojan – hacker gets hold of username & password of
administrator, then he can pretend to be the administrator for
affecting commercial websites or e-mail systems thus paralyzing
the entire business.

d. E-mail Spoofing :–
 It shows its origin to be different from which it actually originates.
Eg:- A sends a threatening email to the president of the students
union threatening to detonate a nuclear device in the college &
 this email was sent from the account of some other student, A
would be guilty of e-mail spoofing.

e. Computer Vandalism :-
 Any kind of physical damage done to the computer of any
person. It may be in the form of theft of computer or some part
thereof.

f. Cyber Terrorism :- The premeditated use of disruptive activities

or the threat thereof, in cyber space, with the intention to further
social, ideological, religious, political or similar objectives, or to
intimidate any person on furtherance of such objectives. Eg :-
Putting the public in fear, affecting adversely the harmony between
different religion , race, language, caste, etc.,

g. Cyber Pornography :– publication & transmission through any

electronic medium, of pornographic material, in any electronic
form.

h. Child pornography :– the children are targeted & trapped by the

abusers & they become their victims. Indecent exposure is also
covered in this category.

i. Cyber defamation :– any derogatory statement which is intended

to injure a person’s name or reputation on website or sending email
containing defamatory information constitutes cyber defamation.
 j. Email Fraud (Spam) :- Popular device for distributing fraudulent
messages. Easy to assume someone’s identity but also helps to hide
one’s own. Common e-mail fraud is ‘phishing’ i.e. personal
information fraud. In this offender can steal identity of a person
commit crime in that name.

k. Data diddling :– Changing or erasing of data in subtle ways which

makes it difficult to put the data back or be certain of its accuracy.
This is resorted for illegal monetary gain or financial scam.

l. Intellectual Property Crimes :– Intellectual property consists of a

bundle of rights which may be violated by software piracy,
copyright infringement, trade-mark & service-mark violations,
theft of computer source code etc.

In case of Ridiff communication Ltd. V. Cyberbooth & Ramesh

Nahata “a domain name is more than an internet address &
therefore entitled to protection under the Trademarks Act,1957”.

 Remedies for Cyber Crime:-

 IPC insufficient to cater the needs of new crimes emerging from
internet expansion.
 IT Act, 2000 enacted for prevention and control of cyber-crimes.
 Necessary to introduce changes in certain provision of IPC and
Indian Evidence Act, to meet new requirements of cyber space
crimes.
  Sec 29 A of IPC- Electronic Record means data record or data
generated, image or sound stored, received or sent in an electronic
form.
 IT Act based on UNCITRAL model law on e- commerce. (United
Nation’s Commission on International Trade Law)

 Few important sections of IT Act, 2000 :-

 Section 43 A – Unauthorized Access
 Access defined under section 2 (1) (a)
 Sec 65 - Tampering with computer source documents
 Sec 66 - Hacking
 Sec 67 - Publishing of information which is obscene in electronic
form
 Sec 68 - Failure to comply with directions of Controller
 Sec 70 - Accessing Protected system
 Sec 71 - Misrepresentation
 Sec 72 - Penalty for breach of privacy
 Sec 73 - Publishing Digital Signature Certificate false in certain
particulars
 Sec 74 - Publishing Digital Signature Certificate for fraudulent
purposes of investigation of cyber crimes
 Sec 28 of IT Act - Conferred on controller or certifying
authorities
 Sec 46 (1) - Adjudicating officer and
 Sec 57 - Cyber Appellate Tribunal.
N. WHITE COLLAR CRIME (WCC):
 Meaning of white collar crime :- WCC refers to financially
motivated non- violent crime committed by business & govt
professionals.
 These crimes are also known as business/economic and political
crimes. These are crimes committed by people of high social
position in the course of their occupations. They rarely involve
violence, but they involve significant public harm.
 White collar crime victimizes everyone and no one, economic costs
spread over large population; estimate of cost: 200 billion, 14 x cost
of street crime
 Definition : - Edwin Sutherlands :- “a crime committed by a
person of respectability and high social status in the course of
occupation.”
 The five attributes of the given definition are:-
o It is a crime.
o That is committed by an important person of the company.
o Who enjoys a high social status in the company.
o And has committed it in the course of his profession or
occupation.
o There may be a violation of trust.
 Causes of White Collar Crime :-
1. Avarice (extreme greed for wealth) :-
Sutherland – calls white collar criminal as avaricious person. It is
one of the deadly sins in humans and is considered to be the major
reason for white-collar crimes. The rich want to get richer and will
stoop low for the same.
2. Economic growth & Industrial growth :-
It has been the most potential cause of increase in white collar
crime in recent years. The changing socio economic scenario of the
society couples with increase in wealth and prosperity has furnished
opportunities for such crime.

3. Urbanization :-
The swift industrial growth and urbanization is also one of the
reason increase in white collar crime.
4. High Social Status :-
The members of industrial and business class who enjoy high social
status in the society have a tendency to suppress their real profits by
furnishing false and fabricated accounts of their income and property
in order to gain tax exemptions or avoid tax payment.
5. Innovation of ICT :-
The recent developments in information technology, particularly
during the closing years of 20th Century, have added new dimensions
to white collar crime. There has been unprecedented growth of a
new variety of computer dominated white collar crimes which are
commonly known as cyber-crimes.
6. Lack of stringent laws :-
Since most of these crimes are facilitated by the internet and digital
methods of transfer payments, laws seem reluctant to pursue these
 cases as investigating and tracking becomes a difficult and
complicated job. Why it becomes difficult to track it is because they
are usually committed in the privacy of a home or office thereby
providing no eyewitness for it.
7. Lack of awareness :-
The nature of white collar crimes is different from the conventional
nature of crimes. Most people are not aware of it and fail to
understand that they are the worst victims of crime.
8. Necessity :-
People also commit white collar crimes to meet their own needs and
the needs of their family. But the most important thing that the
people of high social status want to feed their ego.

 Hoarding, Blackmarketing & Adulteration :-

The white collar crimes which are common to Indian trade and
business world are hoarding, profiteering and black-marketing.
Violation of foreign exchange regulations' and import and export laws
are frequently resorted to for the sake of huge profits. That apart,
adulteration of foodstuffs, edibles and drugs which causes irreparable
danger to public health is yet another white collar crime common in
India.

 Tax Evasion :-
The complexity of tax laws in India has provided sufficient scope for
the tax-payers to evade taxes. The evasion is more common with
influential categories of persons such as traders, businessmen. lawyers,
doctors, engineers, contractors, etc. The main difficulty posed before
 the Income Tax Department is to know the real and exact income of
these professionals. It is often alleged that the actual tax paid by these
persons is only a fraction of their income and rest of the money goes
into circulation as 'black-money'. Despite frequent modifications in the
tax-laws of the country the menace of tax-evasion continues unabated
and it is causing considerable loss to government revenue.

 Bank Fraud :-
Bank fraud is a criminal act where a person, by illegal means,
withdraws either money or assets from the bank. The fraud can also
occur when a person falsely represents himself to be a bank or
financial institution and withdraws money or assets from the people.
Some of the types of Bank frauds :-
a. Imitating a financial institution
b. Falsely getting loans approved
c. Bank fraud using internet

 Money Laundering :-
When a person, the launderer, converts his illegal money into legitimate
money, and thereby succeeds at hiding his illegally earned money, is said to
have committed the crime of money laundering. In India “Hawala
transaction” is the name given to the crime of money laundering. Money
laundering has been defined under Section 3 of the Money Laundering Act,
2002. They do their job in such a manner that not even the investigating
agencies are able to trace the real source of the money. This is how people
who invest their black money in capital market succeed at converting the
black money into legitimate wealth.
Types of White Collar Crimes:
  WORKPLACE CRIME:
 These include crimes committed against employers by employees for
individual gain; and
 OCCUPATIONAL CRIME:
An individual or group‘s illegal use of their professional position to secure
something of value, found at all levels of the labour force, e.g. fraud;
ORGANIZATIONAL CRIME:
Committed by the decision-makers of a corporation. Or it may involve
government engaging in illegal activity for corporate or organizational
advantage as opposed to personal gain. Other types of offences falling under
this class are terrorism, selling products which are known to be unsafe or
defective.
STRATEGIC BANKRUPTCY:
A company which is successfully sued, declares bankruptcy and thus avoids
having to pay up and company is then reorganized into new company which
is clear of personal/company liabilities.
3.4 Patriotic Crime: These crimes are committed in the name of achieving
important national goals, actions taken outside legitimate channels, e.g.
violation of international law, "protecting" national security, undeclared
warfare, false imprisonment, failure to regulate pollution, tax laws, etc.

 Crimes in the profession :-

 Medical Profession :-

- issuance of false medical certificate,

- helping illegal abortions,

 - secret service to criminals by giving expert opinion leading to their
acquittal,

- selling sample-drugs & medicines to patients or chemists,

- fake & misleading advertisements, etc.

- Doing things which are injurious to public health.

- These persons may not violate the letter of the law in its spirit but
they commit crimes which are anti-social and injurious to public
health.

 Engineering : –
- Underhand dealing with contractors & suppliers,
- Passing of sub-standard works & materials & maintenance of
bogus records of work
- Construction of buildings, roads, canals, dams & bridges with sub-
standards materials.
- Endangers public safety & result into huge loss to public exchequer.

 Legal Profession :-
- Deteriorating standards of legal education
- Unethical practices resorted.
- instances of fabricating false evidence,
- engaging professional witnesses,
- violating ethical standards of legal professions,
- criminal gangs have their trusted lawyers ready with bail bond to
avoid arrest of the gangster
 - on arrest lawyer has to find out ways & means to arrange or ‘fix’
their release.

 Education :-
- false practices like using fictitious documents
- fake details in order to obtain grants from the government to run their
institutions.
- Leaking question papers.
- The teachers and staff are often seen to be working at very low wages
than what was the signing amount.
- These false practices help the institution raise the high sum of illegal
money.

 Judicial response :-
- In Vineet Narayan v UOI observed that corruption cases against the
public servant were often delayed due to refusal or delayed sanction
by the competent authority despite the investigating agency having
disclosed a prima facie case against public servant. The Court held
that sanction to prosecute not being a quasi – judicial function, the
competent authority must give sanction if it is satisfied that material
placed before it is sufficient for prosecution of the public servant.
- In Andhra Pradesh v P.V Reddy held that with a view to curb
corruption at all levels, it would be appropriate not limit the definition
of public servant only to Government officials but it should also
include employees of a cooperative society which is aided and
controlled by the Government.
 - In R K Garg v UOI, the validity of the Special Bearer Bonds
(Immunities & Exemption) Act, 1981 was challenged on the ground
that it extended undue benefit to tax evaders. The Court upholding the
validity of the act, held that the Act was not intended to encourage tax
evasion in future and condone such evasion committed in past but the
real object of the Act was enacted to launch a nationwide search to
unearth undisclosed money by encouraging small incentive. The main
intention was to unearth black money so as to prevent loss to the
Government.

 Remedial Measures :-
- Creating Public awareness
- Setting up special tribunal
- Stringent regulatory laws & drastic punishment
- Separate chapter – IPC
- Need for public vigilance.

O. Organized Crime :-
 With development & advancement in time many anti-social
elements think it profitable to embrace criminality as a profession
to earn their livelihood.
 Definition :- organized crime is an act which is committed by
two or more criminals as a joint venture in an organized manner.
 Sellin – “Organized crime resembles those economic adventures
or enterprises which are organized to carry on illegal activities.”
 Donald Taft – “the organization of criminals introduced in the
field of crime those factors of leadership, group discipline,
obedience, loyalty, division of labour, fellowmen ship, sacrifice,
cooperation & group planning which spell efficiency in the
normal economic, political & social life.”
 The purpose of such activities is to amass huge profits through
illegal means.
 eg. Prostitution, smuggling, bootlegging, gambling, racketeering
etc.

 TYPES OF ORGANIZED CRIME :-

 Organized Predatory Crime :-
 Crimes which do not involve any kind of service to the affected
person or persons are called predatory crimes.
 One way transaction – gangsters enjoy the benefit to themselves
without any actual or apparent service to them.
 There is no repentance among the gangsters.
 Some of the predatory crimes are theft, dacoity, extortion,
kidnapping, pickpocketing etc.
 The emergence of terrorism as an organized form of predatory
crime.

 Crime Syndicate :-
 It refers to gang of criminals engaged in the business of providing
some forbidden things to the customers who are ready to pay
handsome money.
 Master-minded, highly professionalized
 Plays tactics to stay immune from prosecution & punishment.
 They exist because of the illegitimate public demands which cannot
otherwise be legally met due to legal prohibitions.
 eg. Gambling, bootlegging, commercialized prostitution, supply of
narcotic drugs.

 Criminal Racket :-

 Racket is the systematic extortion under some kind of threat of

personal injury or property.

 Racketeering differs from an organized predatory Crime in the

sense some kind of service involve in it. Therefore it is not
completely exploitative.

 It also differs from criminal syndicate as the service involved in a

racket is rendered to those who are normally engaged in legitimate
activities while in the case of syndicate the service is altogether
illegal and prohibited.

 eg. Business Labor Racket (EGS), Gambling Racket (horse race),

sale of woman for Prostitution.

 Political Graft :-
 The use of notorious criminals by the politician for political gain (to
resort to violence & threat to cast votes in favour).
 To assume political power and party’s victory at polls, the
politicians generally seek the support of notorious offenders and utilize
them for illegal practices to accomplish their political ends.
 Resort to all kinds of legitimate or illegitimate methods.
 Hired professionals resort to violence and threats to make voters cast
their votes in their favour.

 Main characteristics :-
 The accused must be a member of an organized crime.
 Engaged in unlawful activities
 Should constitute a cognizable offence
 Committed singly or jointly
 Should involve violence, threat of violence or intimidation
 Object of gaining pecuniary benefit

 Measures to curb Organized Crime:-

 Establishing records of people

 Closely monitor money laundering transactions

 Making and formulating the Public records

 Stringent laws.

 Awareness.
P. Adulteration of Food :-
 Food adulteration can be defined as the contamination or adulteration of
food or food materials by adding harmful substances to it.
 Socio-economic crime.
 Despite of stringent laws, the menace of adulteration still subsists.
 Ishwer Das v. State of Punjab :-
 “Adulteration of food is a menace to public health.….”
 Examples –
 injurious colours such as sacrol, succarin etc.in preparation of ice-
cream & kulfi, addition of blotting paper or soapstone in panir geru,
ratanjot & powdered husk of rice or bran in powered chillis & spices
coal-tar in batasha & other sweets horse dung in dhania powder etc.

Q. Alcoholism, Drug Addiction & Crime:-

 Crime without victim (himself is victim)
 Public order crime or consensual crimes
 Siegel – defined victimless or public order crime
 Person with balanced emotional & health do not indulge in criminality
and they normally do not take to alcoholism beyond control.

 Illicit Drug Trafficking :-

 Complex in nature
 Not only violates national drug laws, international conventions but also
involves in other activities such as racketeering, conspiracy, bribery &
corruption, illegal money transaction, violation of import & export laws
& terrorism etc.
 Legislative control measures have not able to countenance the menace.
 Indian geographical location is most suited to unabated inflow of drugs
by sea & land.
 Iran, Afghanistan & Pakistan – largest producers of opium & heroine &
same is smuggled into India.
 A large quantity of opium & cannabis are being illicitly cultivated in
India besides the licensed cultivation.

 Alcoholism:-
 It causes dillusionment, unhappiness and troubles in family life.
 Alcoholic person finds it difficult to adjust with other people.
 Mental faculty does not function in a normal way.
 Loses self-control
 Aggression and violence.
 Acts of indecency or insulting others
 Socio economic consequences.

 Causes of Drug addiction :-

 Rapid industrialization & urbanization
 Lack of parental care & control
 Development in pharmaceutical & medical sciences.
 Self-medication
 Frustration, emotional stress due to sorrows or miseries of life
 Hippie culture
 Communication gap between parents & young addicts
 Manual worker attracts towards addiction.
 Pressure from drug peddlers

 Range of drugs that a person can be addicted to :-

a) Narcotic Drugs and
b) Psychotropic Substances
 Narcotic Drugs :-
1) Opium & its derivatives – brown, sugar, heroin & codeine.
2) Cocoleaf, cocaine
3) Cannabis, cannabis resin, extracts & tinctures
4) Methadene, pethadene, hebaine.
 Psychotropic Substances: - valium, diazepam, tidijesic, morphine, etc.

 Impact of alcoholism & drug addiction on criminality –

 Crimes are planned & gains of crime are often distributed in liquor
shops.
 Alcohol & narcotic drugs help to remove the elements of self-criticism.
 Drug abuse seems to have become a fashion for fun & to get rid of
tensions.
 Remedies :-
 Counselling
 Treatment Programmes
 Self help groups.
 Awareness programmes
 Strict enforcement of laws

R. Fraudulent Trade Practice:-

 Embezzlement :- It is a crime committed by the employee or a servant
against his employer or the master as the case may be. Normally, the
reason for embezzlement would be some financial crisis.
 Financial fraud:- Fraud committed by misrepresentation to someone to
induce him to part with his personal belongings.
 Adulteration :- Refer adulteration note above
 Employee Pilferage :- Thefts carried out by employees on day to day
basis which results into loss of the company.
 Consumer fraud :- Defraud consumers by giving hig and false claims.
To sell low quality goods or denyt after sale service.
 Shady land business:- Misuse of FSI , Construction of illegal floors,
selling of plots by a person who is actually not the owner.

S. Criminality by Agencies of State:-

 Protectors of law turn out to be offenders of law.
 Political parties involved
 Law making bodies – law violators
 Ruling or opposing parties raise – communal topics

NOTES ON SCHOOLS OF CRIMINOLOGY

 Pre – Classical School of Criminology
 The period of 17th Century & 18th Century in Europe was dominated by
Saint Thomas Acquinas (1225 -1274).
 There was dominance of religion in State activities.
 There was supremacy of Monarchy.
  As scientific knowledge was yet unknown – concept of crime was
vague.
 General belief that the man commits crime due to the influence of some
external spirit called ‘demon’ or ‘devil’.
 Crime not committed because of free will but due to influence of some
external super power.
 There was a demonological theory of criminality propounded by the
exponents of pre- classical theory acknowledged the omnipotence of spirit,
which they regarded as great power.
 They considered crime and criminals as an evidence of the fact that the
individual was possessed of devil or demon the only cure for which was
testimony of the effectiveness of the spirit. Worships, sacrifices and
ordeals by water and fire were usually prescribed to specify the spirit and
relieve the victim from its evil influence.
 The right of the society to punish the offender was well recognized.
 The offender was regarded an innately depraved person who could be
only by torture or pain.
 The evolution of criminal law was yet at a rudimentary stage. Hobbes
suggested that fear of punishment at the hands of monarch was sufficient
deterrent for the members of early society to keep them away from sinful
acts which were synonymous to crimes.
 Such practices even continued in India. However with the introduction
of penal system by the British rule, such barbaric practice reduced
drastically.
 The Classical School :-
  During the middle of 18th Century Beccaria, the pioneer of modern
criminology expounded his naturalistic theory of criminality by
rejecting the omnipotence of evil spirit.
 Emphasis on mental phenomenon of the individual and attributed crime
to ‘free will’ of the individual.
 It means free choice to commit crime by rational man seeking pleasure
and avoiding pain.
 Thus, classical school propounded by Beccaria came into existence as a
result of the influence of writings of Montesquie, Hume, Bacon and
Rousseau. His famous work Essays on Crimes and Punishment received
wide acclamation all over Europe and gave a fillip to a new
criminological thinking in the contemporary west.
 Four main principles of Classical School of Criminology :-
1. The rights and liabilities of an individual should be protected;
2. All persons who commit the same crime should be punished
alike;
3. Crime is a judicial abstraction and therefore a definite penalty
should be attached to each crime and invariably inflicted.
4. Punishment should be limited by the social need and should be
considered to be sufficient if it is deterrent in impact and prevent
others from committing any illegal activity.
 Further Beccaria can be summarized into the following :-
o Man is hedonistic in nature. Due to this selfish nature, prefers
pleasure over pain.
o Pain of punishment should outweigh any pleasure gained out crime.
Punishment should be assigned to the crime and be awarded in
 proportion to the measure of harm or loss caused by the offender
due to the said crime.
o Predetermined Punishment and fair trial of the accused.
o Rule of law.
 Criticism of this theory :-
o One of the major shortcoming of the classical school was that it
proceeded on an abstract presumption of free will and relied solely
on the act (ie., the crime) without devoting any attention to the
state of mind of the criminal.
o It was criticized on the ground that all the criminals were treated
alike without any consideration of age, sex, intelligence etc.
o No mention of variety of crimes or categorization of criminals, thus
it prescribed equal punishment for same offence.
o Lastly the school laid emphasis on individual act rather than the
social surroundings of the criminal.

 Neo classical School :-

 The ‘free will’ theory of classical school did not survive for long.
There was fault in that approach in ignoring the individual differences
under certain situations and treating first offenders and the habitual
alike on the basis of similarity of act or crime.
 For the first time recognized the need for variations in sentencing by
Judges depending on sex, age, mental conditions, etc. of the offender.
 Certain categories such as minors , idiots , insane or incompetent had
to be treated leniently in respect of punishment irrespective of the
similarity of their criminal act.
 This step was considered a progressive step in as much as it
emphasized the need for modifying the classical view.
 The main principles can be summarized as follows :-
o There was a scientific approach. They justified the mitigation of
punishment in cases of certain psychopathic offenders.
o They brought out a distinction between the first time offenders
and recidivists.
o Though neo classists recommended lenient treatment for
irresponsible or mentally depraved criminals on account of their
incapacity to resist criminal tendency but they certainly
believed that all criminals whether responsible or irresponsible
must be kept segregated from the society.
o More humane approach was adopted which is evident from the
substitute correctional methods devised to reform the offender.
For instance parole, probation, open air prisons etc. were
initiated.
o They also adopted subjective approach to criminology and
concentrated their attention on the condition under which an
individual commits crime.
o It may be noted that the origin of jury system in criminal
jurisprudence is essentially an outcome of the reaction of neo-
classical approach towards the treatment of offenders.
 Criticism :
o As to the shortcomings of neo-classical school of criminology,
it must be stated that the exponents of this theory believed that
 the criminal, whether responsible or irresponsible, is a menace
to society and therefore, needs to be eliminated from it.
o As Saleilles observed: "the protection of society from crimes
must be our primary concern". He considered responsibility as a
concept of social organization which the exponents of neo-
classical school seek to convert into metaphysical and abstract
notion without corresponding reality.
o These abstract notions of 'free will' and 'responsibility' cannot
furnish legal ground for Judges and juries' to form a basis for
their discretion.

 Positive School :-
• By nineteenth century, certain French doctors were successful in
establishing that it was neither 'free will' of the offender nor his innate
depravity which actuated him to commit crime but the real cause of
criminality lay in anthropological features of the criminal.
• Some phrenologists also tried to demonstrate the organic functioning
of brain and enthusiastically established a co-relationship between
criminality and the structure and functioning of brain. This led to the
emergence of the positive school of criminology.
• The main exponents of this school were three eminent Italian
criminologists, namely Cesare Lombroso, Raffaele Garofalo and
Enrico Ferri.
o Cesare Lombroso (1836-1909) :-
 Lombroso was considered to be the father of modern
criminology.
 He propounded the theory of born criminals emphasizing that a
criminal is born as he is.
 He characterized criminals through physical appearance i.e low
forehead, receding chin, ears standing out from the head,
peculiar size of head and eyes.
 He changed this theory several times.
 He classified criminals into 3 main categories :-
i) The Atavists or hereditary criminals:- Lombroso also term
them as born-criminals. In his opinion born criminals were of
distinct type who could not refrain from indulging in
criminality and environment had no relevance whatsoever to
the crimes committed by the Atavists. He considered these
criminals as incorrigibles, i.e beyond reformation. Lombroso’s
theory used physical characteristics as indicators of
criminality. He revised his theory of atavism in 1906 and held
that only 1/3rd of criminals were born criminals and not all the
criminals.
ii) Insane criminals:- Such criminals have committed crimes
under the influence of paralysis, dementia, pellagra,
alcoholism, epilepsy, etc.
iii) Criminaloid :- Crimes committed in order to overcome their
inferiority and to meet the needs of survival.

Lombroso’s theory was criticized on the following grounds :-

i) His theory was considered to be racist and class biased

because of his categorization on physical terms.
 ii) He was criticized on the ground of being prejudiced, since if a
particular race was found with a specific trait, the whole
community was considered to be born criminal.
iii) He was further criticized due to insufficient data. His sampling
method did not take into account racial and ethnic differences
among the members leading to homogeneity.

o Enrico Ferri (1856-1928):

 Enrico Ferri – another chief exponent
 He challenged the Lombrosian view of criminality.
 He classified the factors of the crime as individual or
anthropological.
 Factors such as age, sex, civil status, profession, domicile,
social rank, education and organic constitution.
 Sympathetic approach for crime control and need for substitute
for penal methods.
 He classified criminals into 5 categories :
 Insane Criminal
 Born Criminal
 Habitual Criminal
 Criminals by passion
 Occasional Criminal
 In the case of Amar Singh vs State of Punjab – court held that
no one is a born criminal and that a good many crimes are the
product of socio economic conditions.
  Probation of Offenders Act is an example of reformative
measure based on this school.
o Raffaele Garofalo (1852 - 1934):
 Defined natural crime as “conduct which offends the basic
moral sentiment of pity and probity”
 Classified criminals into :-
o Endemic.
o Criminals deficient in probity.
o Lascivious Criminals
o Violent Criminals
 He strongly pleaded for elimination of habitual offenders.
 Recommended rehabilitation of criminals.

 Clinical School of Criminology :-

 Study on emotional aspect of human nature.
 This branch of knowledge has enabled modern criminologists to
understand criminal behaviour of offender.
 This theory takes into account variety of factors.
 It further suggests that criminals who do not respond to
correctional methods, they must be punished with imprisonment.
 While who are merely victims of social conditions must be
treated with probation, parole, reformatories, etc.
 Thus individualization is the cardinal principle of penal policy in
modern times
  This is also known as Correctional trend – through
individualization.

 Sociological School of Criminology :-

 Crimes are inter related with social factors.
 Crime rate varies with changes in the social order.
 Factors like religion, employment , political ideologies, culture ,
population etc – studied.
 This idea was supported by Sutherland – Differential
Association (to be dealt in detail later in this chapter)–
criminals influenced by cultural surrounding.
 It is for this reason that sociological school has been often
characterized as rational school of criminology – which
recommends application of humanitarian methods for treatment
of offenders.
 Treated with pursuasive method rather traditional punitive
methods.

 Freuds theory of Criminal Behaviour :-

 Sigmund Frued – exponent – (1856-1939) explained mental

conflicts in the personality of criminals.
 Studied the problem of criminality.
 Three ingredients or Segments
o ID - generates basic biological and physiological urges
and impulses in a person such as sexual desire, hunger,
 affection for kith and kins, lust for power etc. Id demands
pleasure.
o Ego – refers to conscious personality of which the
individual is aware. i.e desire for sex pleasure and hunger
are basic urges of person yet he is all time conscious that
only the righteous means to fulfill these desires.
o Super Ego – force of self criticism and control inherent in
every person. It is part of unconscious personality. It
demands control. If over developed it may lead to guilt
feelings or neurosis.
Thus there is constant conflict between id, ego & super
ego.
According to Freud, the Ego does not exist at the time of
birth but it is something the individual learns.

 Economic Theory :-
 Economist Karl Marx – believed that poverty – reason for
crime.
 Prof. Sutherland differs from this view.
 Poverty per se not sole cause of criminality.
 Social disorganization – also reason.
 Economic conditions also influence criminality to a
considerable extent.
 Industrial progress, economic growth & urbanization.
 Institution of family has disintegrated to such an extent that
control of parents over children has weakened thus leaving
them without any surveillance.
 Unemployment yet another reason.
 Economic crime can be attributed to 3 motives :-
o Crime out of poverty :- a person, out of despair, is driven
to commit petty thefts to satisfy his hunger.
o Crime of Cupidity :- crimes such as thefts start increasing
rather than diminishing in flourishing times. It is a sort of
vengeful attitude which makes a person demand more to
satisfy his needs.
o Professional Crime :- children doing crime after seeing
his parent earning money in a wrongful manner without
any qualms.
 Caste and Community Tension :-
 Crimes caused by communal provocation.
 Post Partition riots.
 Criminal activities like prostitution, begging, illegal weapon
trafficking, etc
 Communal tensions.

 Multiple Factor Approach to crime causation :-

 Mobility :-
o Rapid growth of industrialization & urbanization.
o Human interactions has gone beyond intimate
associations with increased chance of mobility.
 o Migration offers better opportunities for crime as
chances of detection are comparatively less.
 Culture Conflicts :-
o Social change is an inevitable phenomenon.
o Impact of modernization, urbanization &
industrialization in modern dynamic society – social
disorganization.
o This may lead to culture conflicts.
o Difference may be old and new values, local and
imported values and traditional values and the govt
imposed values.
o The main cause of culture conflict:- residential
instability, social or ethnic heterogeneity & poverty.
o Cultural conflict between inhabitants and immigrants
results in deviant behaviour.
o Example of Indo – Pak partition & Bangladesh
Partition.
 Family Background :-
o Family background has perhaps the greatest influence
on criminal behaviour of the offender.
o Children are apt to imbibe criminal tendencies , if they
find their parents or members of the family behaving in
a similar manner.
o Lack of parental control – children – criminal
behaviour.
 o Frequent quarrels, undue domination, step motherly
treatment with children, frequent births in the family,
immorality of parents, misery, poverty – lead to become
criminal in life.
o Unemployment or low income or parents continued
long absence from home – reason.
 Political Ideology :-
o Political ideologies gain through legislative process
and thereby directly influencing the criminal patterns
in a given society.
o The liberalization of abortion laws, imposition or
withdrawal of prohibition laws, anti – dowry,
protection of women against domestic violence,
prohibition on pre natal sex determination,
untouchability laws etc are some of the examples to
show as to how the concept of criminality changes
with the changed ideologies of the politicians and
government in power.
o Political changes may lead to new political offences.
o Increasing nexus between politicians and organized
criminals.
 Religion & crime :-
o Religion has been instrumental in causation of crime
because standards of morality are set by religious
institutions and when these standards are violated it
results into crime.
 o Spiritual teaching – helps – keeping a person away
from crime and delinquency.
o The declining influence of religion – without fear –
tends to do crime.
o Resort to criminality even for petty materialistic gains.
o Religious centres dubious centres for vices.
o Cheating, stealing, exploiting and kidnapping.
o Misuse by religious leaders.
o Communal disharmony.
 Ecology of Crime :-
o Ecology is the study of the people and institutions in
relation to environment.
o Topographical conditions affects crime.
o Some typical crimes are more peculiar to particular
region.
o Example :- Violation of customs, excise and drug
laws- common in border areas and coastal regions than
in plains OR illegal felling of trees and violation of
forest laws is an every day crime – forest regions.
o Ecology of crimes – study of influences such as
neighbourhood, population, topographical factors etc
on criminals considered from the point of view of
location.
 Influence of Media :-
o Television and films have the maximum impact on the
viewers.
 o Scenes of violence depicted in media adversely affect
the viewers- particularly the young boys and girls –
imitate the same in real life.
o Rising cases of juvenile delinquency.
o Pornographic literature.
o Information of crime conveyed through media –
regarding sensational crime – requires administration
to initiate steps to prevent reoccurrence of such crimes.
 Sociological Theory of Crime :-
 This theory presupposes that criminals are a product of society.
 The impact of sociological factors – either shun criminality or
embrace it.
 Eg of offence of embezzlement or misappropriation of the public
funds can only be committed by persons who handle large sums of
money OR offence of theft done by a person in a lonely house find
unlocked for a number of days OR sexual offences.
 Personal situations of the criminal do play a vital role – causation of
crime.
 Past experiences.
 Few conclusions by Sutherland :-
o Criminal behaviour is learnt and not inherited.
o Learning criminal behaviour – operates through interaction of
the criminal with other persons and association with them.
o Sutherland’s differentiation Association theory – criminal as
well as non criminal associations and these 2 forces are
constantly counteracting.
 o May vary in respect of its duration, priority or intensity.
o Criminal behaviour explained in terms of economic needs,
acquisitive tendencies of men and urge of gaining social status.

 Sutherland’s Differential Association :-

 Theory was propounded by Edwin H. Sutherland in 1939 which was
later modified in 1947.
 Crime is learnt by association with others
 Behavioural learning – personal contacts with people.
 Techniques of committing crime and the attitudes and approve or
justification for their committal.
 This theory therefor basically asserts crime is learnt by association
with other criminal minded people.
 It is not inherited but imitated & learned.
 No one is born criminal – circumstances make him.
 Criminal behaviour – communicated – gestures.
 Media plays an minor role. Such traits learnt – intimate groups.
 Theory of Differential association criticized on mainly 3 grounds:-
o Incorrect to say that all persons become criminals because of
their association with criminal behaviour patterns.
o Sometimes a person may learn criminal behaviour patterns
from non criminal behaviour patterns from criminals.
o Fails to explain the personality traits or psychological
variables.

 Mental Deficiency :-
  Daniel M'Naghten suffered from paranoia.
 He alwavs felt that everyone was his enemy and one of them
was Prime Minister Sir Robert Peel. He was very much convinced
that the Prime Minister wanted to kill him. Daniel decided to kill
him but instead Killed Peel's secretary by mistake. M'Naghten was
acquitted on the ground of insanity.
 Defences :-
1. Everyone is presumed sane until the contrary is proved
2. Self Defence – Incapable of knowing what is right or wrong.
 Criticism :-
1. The rules are very vague, ambiguous and unscientific.
2. The rules ignore the influence and impact of emotions,
unconsciousness and willingness during the commission of a
criminal act. The rules are solely concerned with the 'right and
wrong' test without any rationality.
3. The meaning of the words 'quality' and 'wrong' are not clearly
defined.
4. The rules are focusing only on the extreme cases of insanity i.e.
when there is a complete impairment of the cognitive faculties.
5. Difficult to prove whether an impulse was irresistible or not.
 Several instances of Irresistible impulses are –
o Pyromania :- impulse-control disorder characterized by the
recurrent compulsion to set fires. The term refers only to the
setting of fires for sexual or other gratification provided by the
fire itself, not to arson for profit or revenge.
 o Kleptomania :- recurrent compulsion to steal without regard to
the value or use of the objects stolen. Although widely known
and sometimes used as an attempted legal defense by arrested
thieves, genuine kleptomania is a fairly rare mental disorder.
o Insanity/ schizophrenia :- was introduced by Swiss
Psychiatrist - Eugen Bleuler in 1911 – described disorder –
characterized by disorganization of thought process, lack of
coherence between thought & emotion – India – defence under
section 84 of IPC.
 Various other Pyschological problems which lead to crime are
as follows :-
o Neurosis :- Neurosis are characterized by anxiety, depression,
or other feelings of unhappiness or distress that are out of
proportion to the circumstances of a person’s life- leads to
problem like alcoholism & drug addiction- lead to further
crime.
o Pathological arson :- one who would set property on fire to
the property and not to a person. Intention to set fire- not
make monetary gain – such person suffer from psychiatric or
emotional problems.
o Incest :- incest means sexual relations between close
relatives- taboo in most of the religions.
o Epilepsy :- chronic neurological disorder characterized by
sudden and recurrent seizures which are caused by an
absence or excess of signaling of nerve cells in the brain. It
 may occur as a result of a genetic disorder or an acquired
brain injury, such as a trauma or stroke.
o Fear :- Suffering from paranoia or imbalanced minds or as
surrounded by such thoughts – constant tension – being
attacked – makes them commit crime. Eg :- Kidnapping case.

 Psychological Concept of Crime :-

 Study of mind and behaviour attitudes etc.
 Study of individual characteristics – personality, reasoning, thought,
perceptions, intelligence, imagination, memory creativity & so on.
 Behaviour learnt by the criminal – contact with other person.
 In terms of environmental circumstances.
 Lombroso – attributed criminality – atavism
 Goring – criminalistics trait – heredity.
 Subsequent researches – however demonstrated – not hereditary – but
psychological influences operating in delinquent families that make one
criminal.
 Sutherlands view – peculiar human psychology of learning things,
observation & association – follow criminal behaviour.
 Teenage violence.
 Certain types of criminals – labelled as psychopaths- act impulsively-
criminal activities.

 THEORIES OF PUNISHMENT :-
i. Deterrent
 The purpose of punishment according to this theory is to deter the
prospective criminals from committing crimes by terrorizing them.
 An offender is punished to set an example unto others.
 The highest punishment of death is justified if offence is very grave
and such a punishment is called for to deter other people from
committing similar offence.
 More painful the punishment – more deterrent.
 Ill bargain for the offender.
 Incorrigible offenders.
 Criticism: - But it is inconsistent with idea of reformation &
rehabilitation of offenders.
 A hardened criminal becomes accustomed to the severity of
punishment & deterrence does not always prevent him from
committing a crime.
BRIEF:
Deterrence is defined as ―A justification for punishment based on
the idea that crime can be discouraged or prevented by instilling in
potential criminals a fear of punishing consequences. Punished
offends, it is hoped, will serve as examples to deter potential
criminals from antisocial conduct (Vetter and Silverman, 1986: 572).
The idea of deterrence is best illustrated by the words of an
eighteenth-century judge who told the defendant at a sentencing,
―You are to be hanged not because you have stolen a sheep but in
order that others may not steal sheep‖ (Inciardi, 1987: 452).
The purpose of the punishment is to deter the criminal from
committing crime in future and to set as an example to the
 prospective criminals. It carries the message that those who violate
the law will be punished like wise. The idea is that punishment will
curb the criminal activities of the potential criminals. In olden times
severe punishments and public executions were held mainly with the
object to deter others and to set an example that violation of law will
be punished.

ii. Preventive
 Prevent a criminal from committing crimes in future by rendering the
offender incapable of the offence either permanently or temporarily.
 Preventive mode of punishment works in three ways, viz.
i) By inspiring all prospective wrong doers with fear of
punishment
ii) By disabling the wrong doer from immediately committing any
crime; &
iii) By transforming the offender, by a process of reformation &
reeducation, so that no repetition of crime..
 Criticism :- The idea of prevention of crime is simply not possible
by detaining a criminal for a long time in jail as the wrong doer in
prison learn many bad things from other criminals.
BRIEF:
According to this conception, the purpose of punishment is to prevent
the criminal from committing crimes by physically disabling him by
separating him and keeping him in seclusion from the society for a
certain period of time. This way the society is spared from the
disturbance created by the criminal. If a convicted offender is sent to
 prison, society can feel safe and confident that the criminal will not
be committing further crimes.
The difference between the deterrent theory and preventive theory
has to be understood clearly. According to deterrent purpose the
criminals and the prospective criminals learn a lesson by the fear of
severe punishment and voluntarily abstain from committing crimes.
In prevention they are physically in capacitated or disabled since they
lack self-control and must be restrained. Here the restraint is external
by deprivation of their liberty.
Prevention or incapacitation is a more general objective of
correctional administration. Prisons are usually viewed as institutions
in which prisons are isolated or incapacitated, i.e., prevented from
committing further crimes. This is the custodial, as opposed to the
rehabilitative function of corrections. Many of the problems that
surround prisons today revolve around the contradictions of these
two objectives. Incapacitation has two major problems. One is the
failure to consider crimes committed by one inmate against another
as further crimes. And thousands of such crimes are committed,
around the world, annually. Secondly, incapacitation being
temporary, most inmates will be released eventually, whether they
are rehabilitated or not (Cox and Wade, 1989: 217).

iii. Reformative :-
 Italian school headed by Lombroso and French Writer La Gassaque.
 Most widely accepted theory.
 To reform the offender.
 According to this theory crime is like a disease. This theory
maintains that ‘you cant cure by killing.’
 Punishment should be curative, medicinal, clinical & educative rather
than inflicting of physical injury or pain upon the wrong doer.
 Factors such as family, education, culture, socio economic
background etc. are taken into account.
 Humanized or civilized approach.
 Criticism :- But the assumption that crimes are committed by
abnormal or insane persons. This is not always so.
 Further cannot be applied to habitual offenders.
BRIEF:
Punishment the purpose of which is to change the character of the
offender is known as reformative punishment. This theory is also
known as corrective or rehabilitative theory'. Reformation means
―the effort to restore a man to society as a better and wiser man and
as a good citizen.‖ According to this theory, punishment attempts to
make the criminal harm less by supplying him the understanding he
lacks and cures him of those draw backs which made him to commit
crime. If a criminal is morally degenerated his tendencies also
become, if not, extinct then at least less sensitive. Punishment has,
for that reason, been defined as ―a physical measure adopted to
excite in the soul of the guilty true repentance, respect for justice,
sympathy for their fellow creatures and love of mankind."
(Oppenheimer. "Rationale of Punishment," p.244)
By reformation of the criminal is meant his moral regeneration, and
developing the sense of honesty. A person who commits a crime and
 suffers punishment for that, comes back to the society and lives in
along with his other fellow beings. Therefore, punishment must aim
at making a man worthy of living in the society.
The philosophy behind rehabilitation rests on the assumption that
―persons who commit crimes have identifiable reasons for doing so,
and that these can be discovered, addressed and altered. The
advocates of reformative theory aim at the rehabilitation of the
criminal in the society.
This theory admits only such types of punishments which are
educative and discipline the criminal, not those which inflict pain on
him. Rehabilitative element of the punishment includes restoration of
the criminal to effectiveness or normal life by training etc. In modern
time‘s reformative measures are adopted in cases of juvenile
offenders. In prison they are given some education and are subjected
to some such prison programs so that they can learn some kind of
work which may help them in earning their livelihood after coming
out of the prison. The advocates of this theory emphasize that when
the prisoner goes to jail he finds himself quite cut off from the rest of
the world. The confinement the deprivation of social intercourse and
other ways of subjection to rigid discipline never allow him to
develop his character. Therefore, what is important is the reformation
of the criminal by making him worthy of living in the society.

iv. Retributive :-
 Primitive theory of private vengeance of an eye for an eye or a tooth
for a tooth.
 The feelings of revenge is a hard reality of human nature.
 Punishment should satisfy this feeling of revenge.
 State has a right to take revenge on the criminal because an injury to
the individual is an injury to the society.
 Criticism :- it is barbaric , inhuman , brutal & primitive.
 Inconsistent with purpose of reformation & rehabilitation of offender.
BRIEF:
Revenge or retribution is one of the oldest justifications for
punishment. The assumption is that since the victim has suffered so
much the offender. Revenge may be understandable form the
victim‘s point of view or his loved ones. However, the determination
of the severity of the punishment, or the attempt to make the
punishment fit the crime is not easy (Cox and Wade, 1989: 215-17).
The origin of retributive theory lies in the primitive notion of
vengeance against the wrong-doer. Punishment satisfies the feeling
of revenge. It largely stems from the Biblical saying of ―an eye for
an eye: a tooth for tooth; and life for life‖. Many old forms of
punishments have been imposed based on this need to avenge the
victim of a crime by punishing the criminal in the same manner as he
committed the crime. For example, in olden times, when a man
injured another, it was the right of the injured to take revenge on the
person causing injury.
―An eye for an eye… is never in the Old Testament of Savagery, as
it is sometimes portrayed, but of equity. It is always offered as
guidance for the judge in determining appropriate sentence, never as
a rule for personal reaction.
 However, in modern times retribution is used in more than one sense.
In the first sense, the idea is that of satisfaction by the state of the
victim‘s desire to be avenged; in the second, it is that of the states
marking its disapproval of the breaking of its laws by a punishment
proportional to the gravity of the crime. In modern penological
thought retribution is not so much considered in the sense of
vengeance but in the sense of reprobation.

v. Compensation :-
 The purpose of punishment must not be merely to prevent further
crimes, but also to compensate the victim of the crime.
 It attacks the motive of greed of the criminal.
 It is consistent with purpose of deterrence, makes crime an ill
bargain for the offender.
 Consistent with purpose of reformation.
 Consistent with purpose of retribution.
 More civilised & rational method of penalizing offenders.
 Criticism:- Motive of an offence may not always be monetary gain.
In that case compensation would neither be adequate nor workable
as a form of punishment.

Conclusion:- No theory of punishment can achieve the real purpose of

punishment singly. Calwell, an American Criminologist observes,
‘Punishment is an act which involves the balancing of retribution,
deterrence & reformation.
 PUNISHMENTS:
  Purposes of Punishment under the Criminal Code of 2004:
The principles of Criminal law regarding the purpose of punishment we
discussed above are clearly incorporated in the provisions of the
Criminal Code of 2004. Art.1. Para 2 of the Code sets out the specific
objectives of the Code in the following way:
“It aims at the prevention of crimes by giving due notice of the crimes
and penalties prescribed by law and should this be ineffective by
providing for the punishment of criminals in order to deter them from
committing another crime and make them a lesson to others, or by
providing for their reform and measures to prevent the commission of
further crimes.”
This provision makes a general statement of the aims and objectives of
the Criminal Code. Further, the purposes of deterrence, prevention,
reformation and rehabilitation are specifically mentioned in the
provisions relating to different types of punishments.
 KINDS OF PUNISHMENTS :- `
i. Capital Punishment
ii. Deportation
iii. Corporal Punishment
iv. Imprisonment
v. Forfeiture of Property
vi. Solitary Confinement
vii. Indeterminate Sentence
viii. Fine
i. Capital Punishment :-
It is the severe most punishment. The word capital means head or
top. Thus the capital punishment means ‘removal of head’ ‘death
penalty’ or ‘beheading’. This punishment is given in rarest of rare
case that too in extremely grave crimes.
Capital punishment, the death penalty or execution, is the killing
of a person by judicial process for retribution and incapacitation.
Crimes that can result in a death penalty are known as capital crimes
or capital offences. The term capital originates from Latin capitalis,
literally "regarding the head" (Latin caput). Hence, a capital crime
was originally one punished by the severing of the head.

 Methods of executing Capital Punishment :-

i) Whipping or flogging
ii) Burning alive
iii) Cutting of limbs
iv) Thrown before wild animals
v) Starved to death
vi) Fighting
vii) Poison
viii) Hanging
ix) Beheading
x) Shooting
xi) Use of electric chair
xii) Use of Lethal gas.
 Retributive Effect of Death Penalty:
Death sentence has been used as an effective weapon of
retributive justice for centuries. The justification advanced is
that it is lawful to forfeit the life of a person who takes away
another's life. A person who kills another must be eliminated
 from the society and, therefore, fully merits his execution. Thus
the motive for death penalty may indeed include vengeance
which is a compensatory and reparatory satisfaction for an
injured party, group or society.
 Deterrent Effect of Capital Punishment:
The fear of being condemned to death is perhaps the greatest
deterrent which keeps an offender away from criminality. Death
penalty in case of murder serves as an effective deterrent to
remind the murderer about the severity of law towards this
heinous crime and certainly helps in reducing the incidence of
homicide. The old methods of public execution though
abandoned today, were directed to make the sentence as
frightening as possible. The present trend, however, is to keep
the number of offences punishable by death to a minimum and
avoid death penalty as far as possible although its retention in
the statute book is favored even to this day.
 Arguments for Capital Punishment :-
 It has a great deterrent effect.
 It is most effective form of preventive punishment.
 Dangerous members are thus permanently eliminated.
 It helps the state to cut costs.
 It is sort of moral war for the good of society.
 It ensures full justice to the family of the victim whose life was
taken by criminal.
 It is legal demand and satisfies the sense of justice and for
social satisfaction and gives sense of protection.
 Arguments against Capital Punishment :-
 Life is a gift of God. No one even including State has any right
to take away one’s life.
 Death sentence is one of the cruelest and inhuman type of
punishment by which the life of a person is put an end through
legal process without giving him any opportunity to improve
himself.
 It violates humanitarian sentiments because it has a brutalized
effect on human society.
 It is anti-reformist.
 It is tainted with uncertainty & brutality.
 It is possible there are judicial errors and in such case capital
punishment once it is awarded and person executed, cannot be
revoked.
 Retention vs. Abolition of Capital Punishment:
An international survey carried out in 1962 by the United
Nations, however, confirmed that neither suspension nor
abolition of death penalty had any immediate effect in
increasing the incidence of crimes punishable with sentence of
death. The countries which had abolished capital punishment,
notably, Germany, Austria, Scandinavia, Netherlands, Denmark
and some Latin American States reported no ill-effects of
abolition.
The abolitionists strongly argue that since death penalty is
irrevocable, it should not be awarded. But the elaborate
safeguards provided in the procedural law clearly indicate that
though the sentence of death is irrevocable, it is awarded only
after a thorough scrutiny at every stage of the case and,
therefore, chances of human error or judgment are not only
minimized but reduced to almost nil. Slightest doubt about the
guilt of the accused who is to be sentenced to death is sufficient
to entail him benefit of doubt. As such, abolition of death
penalty on the ground of irrevocability hardly seems to be
justified.
The safeguards provided under the law to eliminate any
possibility of erroneous judgment regarding award of death
sentence which may briefly be stated as follows:
Firstly, death penalty is awarded very sparingly only in cases of
aggravated homicide and offences against the State;
Secondly, Sentence of death shall be passed only in cases of
grave crimes and on exceptionally dangerous criminals, in the
cases specifically laid down by law as a punishment for
completed crimes and in the absence of any extenuating
circumstances (Art 117/1).
Thirdly, the death sentence shall not be carried out unless
confirmed by the Head of State. It shall not be executed before
ascertainment of its non- remission or non-commutation by
pardon or amnesty (Art 117/2).

 Retentionists” Arguments:

1. Elimination of murderers by execution is fair retribution and

saves potential future victims.
 2. Punishment must match the gravity of offence and worst
crimes should be severely punished.
3. Societies must establish deterrents against crime. Death
sentence serves as an effective deterrent.
4. Death is a just punishment and death penalty has been held
constitutionally valid to ensure justice for condemned
offenders.

 Conclusion: - In conclusion it may be said that though capital

punishment serves some purpose in the present context for our
respect for human dignity and possibility of reforming the character
of the offenders, an experiment of abolishing capital punishment
would be a worthy attempt.

In case of T.V. Vatheeswaran v. State of Tamil Nadu it was held

that if there is a delay of more than two years in executing a death
sentence, the appropriate relief is to vacate the death sentence and
commute it to life imprisonment. The Court held that any delay
exceeding two years in the execution of a sentence should be
considered sufficient to entitle the person to invoke Article 21 of
the Constitution, and demand the quashing of the death sentence,
the cause of delay, in such cases, being immaterial.

But the above case was overruled in Sher Sing & others V/s State
of Punjab by a three member bench of SC- held that a two-year
delay in executing the death sentence does not, by itself, give a
right to the offender to have it converted into a sentence of life
 imprisonment. No doubt, prolonged delay is an important
consideration in such cases, but no hard and fast rule should be laid
down to give a right to the murderer to have his death sentence
quashed. As observed by the Court, very often, four or five years
elapse between the sentence of death imposed by the Sessions
Court and rejection of the final appeal by the Supreme Court. To
this may be added the time taken by the President or the Governor
to consider mercy petitions. Therefore, the Court observed, if such a
hard and fast rule is laid down, it would be an incentive to delay the
sentence by two years or more.

In case of Bacchan Singh Vs State of Punjab by 4 :1 majority it

held that death penalty is constitutionally valid & not violative of
Article 14,19 & 21 of COI. It was held that it must be imposed only
in rarest of rare case. Minority view was given by Justice Bhagwati
who held that Sec 302 of IPC is void in so far as it provides for
imposition of death penalty (for murder) as an alternative to life
imprisonment.

ii. Deportation :- A method of elimination of incorrigible or dangerous

offenders. In India it is called transportation. This could hardly be a
solution to the problem. If a man is dangerous in one society, he
likely to be equally dangerous there also. This kind of punishment is
abolished in England and India both.

iii. Corporal Punishment :-

  It includes modulation, flogging/ whipping and torture.
 Common kind of punishment in ancient Iran and India and also
during the medieval age i.e during Mughals or Marathas.
 The main object is deterrence.
 Inhuman and ineffective
 The person who undergoes this kind of punishment may become
more antisocial.
 In India it was abolished in the year 1955.

iv. Imprisonment :-
 Deprivation of the liberty of another without his consent.
 Restraint of man’s liberty.
 Serves all 3 objects of punishment i.e deterrent, preventive or
reformative.
 Kinds of Imprisonment :- Life, Simple or Rigorous.
 Life :- The sentence of imprisonment for life is provided in about
fifty offences under IPC.
 Rigorous :- The offender is put into hard labour such as grinding
corn, digging earth, drawing water, cutting firewood, mowing grass
etc.
 Simple :- The offender is only confined to jail and is not put to any
kind of work.

v. Forfeiture of property :-
 It means taking away the property of criminal by the state as
punishment.
  Section 61 & 62 - abolished by Act XVI of 1921
 Except for the following offence :-
o Committing depredation on territories of power at peace with GOI
– Sec 126.
o Receiving property taken by war or depredation – Sec 127
o Property purchased or bid by public servant unlawfully – Sec 169.

vi. Solitary confinement :-

 It is an aggravated kind of imprisonment.
 It exploits fully the sociable nature of man by denying him the
society of his fellow being. It inflicts pain on him. It is inhuman &
perverse.
 Section 73 & 74 IPC – limits beyond which solitary confinement
cannot be imposed under the Indian law.

vii. Indeterminate Sentence :-

 It may serve reformative purpose to greater extent.
 It is extensively used in USA.
 Here the accused is not sentenced to imprisonment for any fixed
period.
 The period is indeterminate at the time of award and when the
accused shows improvement, the sentence may be terminated.

viii. Fine :-
 It is derived from word finis- payment puts an end to the offence for
which it is imposed.
 It is the sum of money ordered by court.
 It is pecuniary punishment imposed by lawful tribunal upon a person
convicted for a crime.
 It may be a sole punishment or alternative or it may be in addition to
the imprisonment.

THE POLICE SYSTEM :-

 ORIGIN OF POLICE:-
 Ensuring safety of the society – Primary duty.
 2 sources of threat – external & internal.
 External threat – State – Army & Navy and Air force.
 Internal threat – Para military & State police force.
 Obj- Maintain Rule of law.
 Crime prevention – services of certain law enforcement
agencies – to detect and investigate crimes.
 The word police is derived from Greek word – politeia or
latin word – politia.
 Politia – State or administration.
 Police – body of civil servants whose primary duties - to
preserve law and order in the streets and public places.

 POLICE FORCE IN INDIA:-

 Has been in existence in India in one form or another from the
very ancient times.
 Ancient history – India – well organized police force during the
reigns of Ancient Hindu rulers.
 Gupta dynasty known for its excellent law and order situation
– well organized system of police.
 The Moghul rulers in India also had a well-organized police
force for maintaining law and order in society. This system
was, however, different from the earlier one.
 The police system during the Moghul period was undoubtedly
suited to the needs of a simple and homogenous agricultural
community but it could not withstand the strains of political
disorder.
 Extortion and oppression -the rule of the zamindars, the
headman and watchmen of the villages committed crimes and
gave shelter to criminals with a view to sharing booty.
 The British Government in India retained the system of
policing prevailing in each Province with modifications.
 The Police Commission of 1860 recommended continuance of
the prevailing system of rural policing with minor changes.
 Consequent to Indian Independence in 1947- the colonial police
set up was hardly suited to the radical changes in the Indian
society but ironically, the same set up with little modifications
here and there, still continues.
 The Constitution of India provides that "Police' is a 'State
subject.
 There are, however, certain situations which authorize the
Centre to intervene in the law and order problems of the State
because the Centre is under a duty to protect the States from
internal disturbances.
 Border Security Force, the Railway Security Force, the
Central Reserve Police Force, etc., which assist the general
police in performing their functions.
 Traffic police' whose duty is to control the road and vehicular
traffic and deal with the cases of traffic-law' violations.
 Modern police - detection investigation of crime and
apprehending criminals by making arrests. Also deal with
juvenile delinquents.

 STRUCTURAL ORGANIZATION OF POLICE AT THE

CENTRE AND THE STATES:-

 The hierarchy of police officials - State police force -

Director-General of Police, the Inspector-General of Police,
Deputy Inspector General of Police, Superintendent of
Police, Deputy Superintendent of Police, Circle Inspectors,
Sub-Inspectors, Assistant Sub-Inspectors, Head Constables
and Recruit Constables, etc
 The Superintendent of Police - incharge of the entire police
force in the district and is responsible to the District Magistrate
so far law and order problem is concerned. However, in
metropolitan cities of Bombay, Calcutta, Madras, Hyderabad
etc., the powers of Superintendent of Police and those of
District Magistrate are combined in one single official called
Police commissioner.
 POWERS AND DUTIES OF POLICE UNDER THE
POLICE ACTS, CRIMINAL PROCEDURE CODE AND
OTHER LAWS.

 Patrolling :-
 Purpose – general watch – prevention of crime.
 Urban and Rural areas.
 Rural areas – village chowkidars, Station House officers –
responsible for maintenance of law and order.
 Urban areas – mobile patrols with wireless telecommunication
are arranged for surveillance.

 Surveillance :-
 Required to ensure that the track record is maintained of the
habitual offenders.
 In the Case of Mohinder Singh vs Inspector General of Police –
Punjab Haryana Court was approached by the Petitioner to
remove his name from the surveillance register.

 Preventive function (Making arrests) :-

 Preventive powers – S.71 & 73 of Cr.Pc -adequate protection to
the police officers – against legal action- wrongful restraint.
 Section 50-A- added to the chapter V of the Code- requiring
police to give intimation about the arrest to anyone who may
reasonably be named by the arrested person for sending such
 information, so that necessary arrangements for release on bail
etc.
 Remand provisions
 COI – provides for safeguard against arbitrary use of preventive
measures.
 Arrest without warrant in certain cases where they apprehend –
commission of crime.
 Handcuffing- prim facie inhumane- Prem Shukla case.

 FIR :-

 First step – taken by police- starting investigation- cognizable

offences- reflects the actual occurrence of crime.
 4 copies – each copy should bear the seal of the Police station.
 Incidence of crime- when, where and how it is committed and
who (accused) and against whom.
 Police refuses to file FIR – written complaint to the SP
concerned or approach the Judicial magistrate concerned.
 Fir not necessarily result in arrest of the person accused of the
crime- facilitates proper investigation. No sufficient prima facie
evidence- closure report.
 Registration of FIR mandatory – Sec- 154 – Cr.Pc.
 Can file through- e-mail, recording on telephone.

 Conditional Release of Accused on Bond etc.

 Power to release an accused on a bond with or without sureties
in case there is no sufficient evidence or reasonable ground of
 suspicion to justify the forwarding of the accused to a
Magistrate.
 The arrested person can apply for bail even in non-bailable
offences.
 The officer incharge of a police station and the Magistrate have
power to grant bail in all such cases except those punishable
with death or imprisonment for life.
 Magistrate at his discretion, has the power to grant bail even in
those cases where the accused is a minor below 16 years of age,
a woman or a sick or infirm person.

 Investigation by Police:-
 Brutal methods to extract confession from persons suspected by
them as criminals.
 Use of third degree methods.
 Police version in a criminal case is not trustworthy as evinced
by Sections 25 and 26 of the Evidence Act, 1872. Only that part
of the confessional statement which leads to a material recovery
is valid evidence under Section 27 of the Evidence Act.
 S.162 Cr.PC- no statement made by a person to a Police
Officer in the course of investigation if reduced in writing, shall
be signed by the person making it.
 Purpose of Investigation – collect evidence & apprehend the
culprit.

 Interrogation of Offenders & Suspects:-

 "Frisk" and interrogate the criminals or suspects. Frisking
implies searching the pockets and clothing’s of the suspect as a
measure of safety and security while enforcing law against him.
It differs from a 'search' which is a legal process is meant for
collecting evidence against the offender - Section 52 of the
Cr.Pc.
 Power also – in case of non-cognizable offence- subject to
certain limitations contained in Section 156 of the Code. The
police must observe certain civilities while interrogating a
suspect. They should not extract admission or confession by
coercive or "third degree" methods.
 Restriction as to inadmissibility of confession made to a police
officer.
 Modern Techniques – Polygraph Test, Narco Analysis, Brain
mapping- Not admissible as evidence but can be used for
investigation purpose.

 Search and Seizure :-

 Conducted by police with or without a warrant.
 Conducted on a warrant- must contain following details:-
i. The information as to the statement of facts showing probable
cause that a crime has been committed.
ii. A specification of a place or places to be searched.
iii. A reasonable time-limit within which it must be conducted.
 The police can also conduct a search without warrant when it is
incidental to a lawful arrest or where the object of search is a
 mobile vehicle which can quickly be removed out of the police
jurisdiction or when the accused has consented to it. Burden of
proof – prosecution.
 Incase of privacy – permission from competent court.
 Ordinarily, search must be made in day-time in presence of two
independent witnesses of the locality – not connected with
police.
 Illegal search – 2 consequences- to a civil or a criminal action
against the police or acquittal of the accused.
 Empowered to make search, order production of documents,
seize any suspicious property, call witnesses, require them to
attend court and arrest persons suspected or having committed
crime without warrant.
 After the investigation, a police report is prepared upon which
proceedings are instituted before a Magistrate.
 An article has been seized - deposited in the Malkhana
(Property Room)- officer in charge – affix seal.
 Medicines, poisons, vomit, excrement etc. should be kept in
jars/bottles and preserved well sealed.
 The Supreme Court in the case of State of Rajasthan v. Gurmail
Singh,' held that lapses or deficiencies in proper preservation
and procurement of seized articles/materials are serious
loopholes in the prosecution case which may lead to acquittal of
the accused.
 Other functions :- Maintain inquest register , To assist
professor, Identification, Control of Juvenile Deliquency,
General Welfare Functions

 Duties of Civil Police :-

 The civil police of the State has to perform certain general
duties for the maintenance of law and order in the society. They
are briefly stated as follows:
1. serving and protecting the citizens;
2. engaging the citizens and gaining their co-operation;
3. Patrolling;
4. Collecting intelligence to support police work;
5. Traffic duties;
6. Investigating and enquiring the cases reported to them and
maintenance of police station reports, registers, records etc. 8.
Auxiliary duties such as technology support, special skill
support and other outdoor duties.

 Methods of police investigation :-

 FIR (refer above)
 Case Diaries- investigating officer - the records of the process
of investigation in a diary mentioning all the details of the facts
in chronological order- May be used at the time of the trial or
enquiry to help to forward the case but it does not serve a
purpose of evidence to the case.
 Spot Visit - Section 157(1) of CRPC - requires the police to be
present on the spot where the case occurred and conduct the
investigation thereon.
 Collection of evidence- Objective of collecting evidence for a
particular case is to collect all forms of physical, documentary
and circumstantial evidence. Evidence also includes a
collection of every material or substance related to the case or
recording of statements associated with the parties of the case.
 Search and Seizure, Arrest, Bail (Refer above)

 Third degree methods :-

 Custodial torture – become a phenomenon and a routine police
practice of interrogation these days.
 Deaths in Police Custody :- a) Offenders remanded to police
custody by court & b) Not remanded to police custody by
Court.
 The police officials justify custodial torture as a necessary evil'
to keep growing crime-rate under control. They justify and
support use of violence and third degree methods against
apprehended criminals on the following grounds :-
o Professional and hardened criminals understand the
language of violence only.
o When these offenders have no respect and regard for the
rights of innocent persons i.e. victims, why should the
police respect their rights.
 o If police deals with offenders politely and gently, no one
would ever be prosecuted for his crime. Practical point of
view.
o Lack of public co-operation frustrates the cause of
police investigation and people are unwilling to give
evidence against the criminals. Therefore, police has to
resort to self-help for eliciting information – use of 3 rd
degree methods.
o Very often public also expects the police to give a sound
thrashing to anti-social elements and bad characters.
 Expressing concern about the agony of arrested person in
custodial investigation, the Supreme Court in Sheela Barse
v. State of Maharashtra, inter alia, observed :"Whenever a
person is arrested by the police without warrant, he must be
immediately informed of the grounds of his arrest and in
case of every arrest it must immediately be known to the
arrested person that he is entitled to apply for bail…..
whenever a person is arrested by the police and taken to the
lock-up, the police will immediately give intimation of the
fact of such arrest to the nearest Legal Aid Committee"
 Supreme Court's Directives for avoidance of Custodial
Crimes :-
o Accurate, visible and clear identification and name
tags with their designations.
o Memo of arrest- at least one witness sigh-
countersigned – by the arrestee.
 o Inform his friend/relative or a person having interest
in his welfare, as soon as practicable.
o The time, place of arrest and venue of custody of an
arrestee must be notified by the police.
o The person arrested must be made aware of his right
to have some one informed of his arrest or detention
as soon as he is put under arrest or is detained.
o An entry must be made in the diary at the place of
detention giving all details, about the friend/relative or
person informed.
o Inspection Memo – major or minor injuries.
o Medical examination- every 48 hrs.
o Copies of documents – including memo of arrest –
should be sent to – Magistrate.
o Permission to meet his lawyer – during
interrogation.
o A police control room to be provided at all district
and state headquarters- where information
regarding the arrest and place of custody of the
arrestee shall be communicated by the officer-
within 12 hrs of the arrest – displayed on
conspicuous notice board at the police control room.

 Problems of Police System :-

o Improper Selection system.
o Lack of State funds.
 o Conflicts with the influential and elite people.
o Understaffing in the police force.
o Very few trained staffs.
o People are hesitant to become witness.
o Lack of social responsibility – public does not
interfere while a crime occurs – broad daylight for the
fear of being bullied by police & offender.
o Not equipped with good artillery and their access to
forensic departments- limited.

 INTERPOL :-
 Criminality – global phenomenon.
 Growth of transport and communication.
 Escape by air or sea – common feature resorted to criminals
– international plane.
 International agency – INTERPOL- to tackle the problem of
international crime.
 Rising indulgence- drugs, gold, precious, stones, forgeries of
travellers, documents, passports, etc
 Searching and chasing of international criminals; circulation
of information regarding international crimes and criminal
gangs received from member police forces, assisting in
arrest of international criminals and arrangements- stay –
pending extradition.
 Purpose :- Assistance to police authorities – within limits of
laws of existing – different countries – UDHR , prevention
and suppression of ordinary crimes.
 Constitution of INTERPOL :-
o General Assembly
o Executive Committee
o General Secretariat
o National Central Bureaus
o Advisors
 Red Notice
To seek the arrest or provisional arrest of wanted persons
with a viow to extradite them.
 Yellow Notice
To help locate missing persons, often minors, or to help
identify persons who are unable to identify themselves.
 Blue Notice
To collect additional information about a person's
identity or activities in relation to a crime.

 Black Notice
To seek information on unidentified bodies.
 Green Notice
To provide warnings and criminal intelligence about
persons who have committed criminal offences and are
likely to repeat these crimes in other countries.
 Orange Notice
 To warn police, public entities and other international
organizations about potential threats from disguised
weapons, parcel bombs and other dangerous materials.

 Home Guard Police :-

 Post independence era- radical change- socio political
conditions.
 Auxillary police establishment- regular police in terms of
need- New wing – Home Guard Police system- assist-
police in times of flood, famine or other calamities.
 Both men and women- age group – 16-40 years-
recruited as homeguards.
 Basic training – physical exercises, drill and gun firing,
civil defence, first aid, fire fighting devices.
 Few also trained – map reading, field crafting, wireless
communication.
 Rural & urban areas.
 Voluntary service organization.

 Women Police :-
 After independence – women police – recruited – 1947.
 Deal with offences relating to juveniles & women
delinquents.
 Women Police – first time- UK – first time – 1917- when
a women was recruited as a civil police official- CID
department.
 Search seizures in case of women delinquents and
juvenile offenders.
 Dowry deaths and bride burning incidents in India –
women police necessary.
 Several state – India set up women companies- Police
forces -cope up crime relating to women and children.
 Recent example of Nirbhaya Squad.

 Corruption in Police :-
 Corruption in police system – much alarming .
 Hafta system in police.
 India ranks 80 out of 198 countries in the corruption
perception index which itself signifies that India still has
lots of scope for reducing corruption prevalent at
different levels.
 Reasons like the salary, working hours, nature of the job,
and the problem of accommodation for police officials
that lead to the corrupt practices these officials opt for.
 Recent incident that took place in Kanpur is the case
of notorious mafia Vikas Dubey who thrived on the
corruption prevalent in the police department. The fateful
incident took place on 3 July 2020 in the native village of
Vikas Dubey where eight police officers were shot down
who was going to arrest Vikas Dubey. It is supposedly
believed that some corrupt police officials who were on
the payroll of the mafia tipped him off about the arrest.
 This made him prepare for the ambush on the cops which
ultimately led to the death of eight cops due to
corruption.
THE PRISON ADMINISTRATION
Meaning and Definition of the Term „Prison‟ A prison
penitentiary, correctional facility is a place in which
individuals are physically confined or interned and usually
deprived of a range of personal freedoms.
 It symbolizes a system of punishment and also a sort of
institutional placement of under trials and suspects during the
period of trial. Since there cannot be a society without crime
and criminals, the institution of prison is indispensable for
every country.
 The history of prisons – shows the changes in society’s
reaction to crime from time to time.
 Serves combination of different objectives of punishment.
 Provisions of Section 3 of Chap IX of Prison Act, 1894 –
Prison means any jail or place used permanently or
temporarily under the general or special order of a state
government for the detention of prisoners and includes all
lands, buildings appurtenant thereto, but does not include:-
(a) any place for the confinement for prisoners who are
exclusively in the custody of the place. (b) any place specially
appointed by the state government under s.541 under the
Criminal Procedure 1884, (c) any place which has been
 declared by the State Government by general or special order
to be subsidiary jail.
 Basic functions of Prisons :-
o Confinement and isolation
o Penance
o Punishment and Deterrence
o Protection
o Reformation
 Administrative organization of prisons
o Prison Structure and Prison Management: - There are three
types of prisons in India: - Maximum security prisons,
Medium Security prisons and Minimum Security prisons.
o Maximum Security prisons :- Central Jails, District jails,
Sub Jails, Special Jails
o Medium Security prisons :- Also known as Model jails –
established in Lucknow & Ajmer- converted into Central
jails- Better living conditions for the prisoners- paid for
work – appropriate training-canteens.
o Minimum Security prisons: - open jails or wall less prisons.

 Mode of recruitment and training :-

According to Section 5 of the Prisons Act 1894, Inspector
General or Director General of Prisons (IGP or DGP) is the
overall in charge of all jails in a State. Deputy Inspector
General of Prisons (DIGP) assists him. A central jail is in the
charge of an officer of superintendent rank and a district jail is
 charge of an officer of deputy superintendent rank. Each jail has
jailors and wardens.
In central jails, some inmates are promoted as convict officers –
who have been imprisoned for term more than 1 year and a
least completed 1/4th term- Those prisoners convicted of excise
offence, poisoning, forgery, unnatural offence, counterfeiting of
currency notes – not eligible.
Further COs are categorized as Convict watchmen (CW),
Convict Overseers (CO) & Convict wardens (CW)
Jail reform committees have recommended abolition of this
post- corruption.
Recruitment – ensure that the selected staff – efficient and
effective
Curb the nuisance created by the inmates.
Sense of Sympathy- rehabilitation.
Certain mechanism - drafted – there is no abuse of power –
hands of personnel- Surprise inspections, regular reporting &
media scrutiny- Promotion to the deserving- Additional
incentives.

 Jail Manual :-
o Document – restrictions- on prisoners and terms of
communication between the prisoners and the society
outside.
o Guideline for the officers , conferring rights upon them –
with responsibilities and duties so as to ensure that there is
 no violation – basic fundamental rights of the inmates- Art.
14, 19 & 21 of the COI.
o Union Home ministry – All India Prison Manual committee
– ensured the task of formulating a Model Jail Manual.
o Study and analyse all the rules, regulations with regard to
organizational structure, living conditions of prisoners,
remission of sentence, open institutions & young offenders,
women offenders, visitors & correctional programmes.

 POWERS AND DUTIES OF PRISON OFFICIALS :-

Inspector General Of Police :-
o Control of Expenditure.
o Financial Powers
o Power to sanction temporary appointments, transfer &
punishment
o Power to order transfer of prisoners.
o Powers as a Magistrate
o Supervisory Power.
Deputy Inspector General Of Prisons :-
o To remain in charge whenever the IG is not present
Assistant Inspector General Of Prisons :-
o To remain in charge whenever the Deputy IG is not
present.
Jail Superintendent :-
o Manage the prisons in all manner- discipline, labour,
expenditure, punishment & control – subject to orders
 of IG of prisons- Shall abide by the orders of District
Magistrate – respect of prison administration.

 PRISONERS CLASSIFICATION:-
o CONVICTED PRISONER :-
Imprisonment as a mode of dealing with offenders has been
in vogue since time immemorial. Our country shares a
universally held view that the sentence of imprisonment
would be justifiable only if it ultimately leads to the
protection of society against crime. But those who are
imprisoned spend half of their lifetime in prisons awaiting
their trial and they lose hope till they are sentenced by the
court and are finally called as convicted prisoners. Basically,
a convicted person is the one who is found guilty of a crime
and sentenced by a court.
The Model Prison Manual has defined convict as: "Any
prisoner under sentence of a court exercising criminal
jurisdiction or court martial and includes a person detained
in prison under the provisions of Chapter VIII of the Code of
Criminal Procedure of 1973 and the Prisoners' Act of 1900.

o UNDER TRIALS :-
Under trails - inmates in the prisons and custodies – whose
cases are not decided or no sentence has been awarded to
them.
Difficulty in obtaining bail – providing bond- security –
prolongs stay – jail.
S.167 Cr.Pc- restrict the time limit for completion of police
investigation.
Unconstitutional to restrict someone’s freedom- speedy trial-
Hussainara Khatoon’s case.
Overcrowding problem – should be solved through – speedy
trials – effective and efficient police force- regulation –
defense lawyers – adjournments – trivial reasons.
Establishment of fastrack courts.

Problem of undertrials in India:-

 Prison Violence
 Criminalizing effect of a prison
 Health problems
 Drug Abuse
 Delay in trials
 Right to bail being denied

o WOMEN PRISONERS :-
Women prisoners – small minority – who are in conflict with
law.
Major problems - separation from their families, mental and
emotional health problems, issues related to child-care and
pregnancy, limited access to health and so on.
Intensive emotional stress due to the separation from their
families.
Mental disabilities among female prisoners are more common
compared to male prisoners - more likely to harm themselves
or make an attempt to suicide than men.
Greater risk of being abandoned by their families.
Special needs - women - access to their families and children -
rarely taken into account in regulations relating to prison
visits.
Health-care - grave concern for the women prisoners.
In order to prevent women from holding any intercourse with
male inmates – Female and male prisoners – imprisoned in
separate buildings- separate parts- of the same buildings.
Issue related to the children of female offenders is concerned,
a child under the age of 6 years can be admitted to jail with its
mother provided - there is no friend or relative of the female
prisoner who is found to take charge of the child-care.

o JUVENILE DELIQUENCY :-
 Juvenile means any person who is not able to understand
the nature of the act or has not reached at the age to behave
maturely.
 Juvenile Delinquency refers to participation of minors in
illegal crimes.
 When a person deviates from the normal course of his
social life his behavior is termed as ‘delinquent’.
  The act of delinquency may include running away from
home, use of inappropriate or vulgar languages,
committing sexual offences etc.
 Juvenile Justice (Care and Protection of Children) Act,
2000 came into force w.e.f. 30th December 2000 as the
primary legal framework for juvenile justice in India.
 Amended in 2006 and 2010.
 Delhi gang Rape case – led to passing of - Juvenile Justice
Act, 2015 – came into force on 15.01.2016.

 Causes of Juvenile Deliquency :-

 Individual Factors :- impulsive behaviour, uncontrolled
aggression, mental health factors. These factors -
contribute to the involvement of a juvenile in harmful,
destructive and illegal activities.
 Family Factors:- inclusive of ongoing family feuds,
neglect and abuse or absence of proper parental
supervision.
 Migration as a cause.
 Illiteracy, truancy, child labour.

 PROBLEMS IN PRISONS :-
 Overcrowding
 Delay in trial
 Torture and ill treatment
 Neglect of health and hygiene
  Insufficient food & inadequate clothing
 Prison vices
 Deficiency in communication
 Management of open air prisons

 PRISON REFORMS :-
Treatment of prisoners should be done – direction of prison reforms-
humane treatment of prisoners.
In accordance with constitutional mandates- basic rights
Modifications suggested :-
 Prisoners should be confined only for the minimum period- would
reduce the burden – prison expenditure.
 Term of imprisonment exceeds one year- remission for period of one
month- which will help – rehabilitation.
 Women prisoners should be treated more generously – allowed to
meet their children more frequently.
 Liberal correctional and educational programme- necessary –
women prisoners.
 Case of R.D Upadhyaya v State of Andhra Pradesh & ors – SC
expressed its concern - for the children living in jail with their
prisoner mother and laid down detailed directives as regards
adequate food, shelter, medical care, clothing, education and
recreational facilities for such children which are declared to be
child's right. The Court further directed that in case of a child born
out of a prisoner mother, his birth place should not be recorded as
'prison' in the birth certificate. A child above the age of 6 years
 should not be kept with female prisoners. The Court issued
directives to the States to amend their jail manuals accordingly. The
Court opined that these directives were necessary keeping in view
the fact that jail environment certainly not congenial for the
development of the children and for securing children their inherent
right to enjoy happy childhood.
 The undertrials, minors, recidivists, first offenders- should be kept
separated from each other. Political offenders – should be kept
separate – not housed in same premises- other criminals are lodged.
 Need for scientific classification- nature of crime, age, sex, character
etc.
 Fixed intervals to meet their relatives.
 Celebration of festivals should be allowed in prisons.
 Existing rules – relating to restrictions – postal mail of inmates-
relaxed.
 Provisions for remedy of compensation to prisons – wrongfully
detained.
 Education in prisons- emphasis on vocational training of inmates.
 After care intensive programme- Rehabilitation of criminals.

American Prison System :-

 The medieval period in the history of American colonies witnessed an
era of barbarism & deterrent punishment for criminals.
 Brutal punishments and torture.
 Minor offences – also subjected to severe punishments
 Political offenders, war criminals, blasphemy – kept in prison -
undertrial.
 The Human Rights watch commented – American prisoner – punished
twice- once by the court and then again by the Prison authorities.
 Kept under strict supervision.
 Human rights abuses- Frequent violation of Human rights – UDHR
 American Society – reluctant – embrace parolees or released offenders.

British Prison System :-

 The prisoners are kept in prison in accordance with gravity of crimes
committed by them. The prisons are classified broadly into 4 categories:
A, B, C and D category.
 Category A: prisoners are those whose escape would be highly
dangerous to the public or national security.
 Category B: prisoners are those who do not require maximum security
but for whom escape needs to be made very difficult.
 Category C: prisoners are those who cannot be trusted in open
conditions but who are unlikely to try to escape.
 Category D: prisoners are those who can be reasonably trusted not to try
to escape and are given the privilege of an open prison Prisoners in this
category enjoy several liberties and privileges such as ROTL (Release
On Temporary License) to work in the community or to go on 'home
leave' once they have passed their FLED (Full Licence Eligibility
Dates), which is usually a quarter of the way through the sentence.
 Further also divided into Open Prisons & closed prisons.
 OPEN PRISONS :-
 The United Nations Congress on Prevention of Crime and Treatment
of Offenders held in Geneva in 1955, however, made an attempt to
define an open prison as follows;
 An open institution is characterized by the absence of material and
physical precautions against escape such as walls, locks, bars and
armed-guards etc., and by a system based on self-discipline and
innate sense of responsibility towards the group in which he lives”.
 Thus, open prisons are ‗minimum security‟ devices for inmates to
rehabilitate them in society after their final release.
 Prison serves dual purpose – It eliminates criminals from society &
further leads to reformation and rehabilitation of the offenders under
institutional treatment.
 Open air institutions are essentially a 20th century device.
 Significant changes have been introduced in the correctional system
for treatment of offenders.
 Open air Prisons play an important role in the scheme of reformation
of prisoners which has to be recognized as one of the essential
objectives of prison management.
 First developed in U.K in the 1930s
 Helps the prisoner to gradually connect with the world before the
release.
 Definition of open prisons :-The United Nations Congress on
Prevention of Crime and Treatment of Offenders held in Geneva in
1955, made an attempt to define open prison as follows :-
 “An open institution is characterized by the absence of material and
physical precautions against escape such as walls, locks, bars and
armed guards etc and by a system based on self discipline and
innate sense of responsibility towards the group in which he lives”.
 Characteristics :-
 Informal and Institutional Living- small groups – with minimum
measure of custody.
 To promote consciousness
 To train inmates – agriculture & other related occupations
 To pray proper attention – health & recreational facilities for
inmates.
 Financial assistance
 Ensures payment of wages – sending part to family.
 Liberal remissions.
 Improved diet
 Qualified and trained personnel
 In India currently, there are 69 Open Jails:
 Rajasthan (29), and
 Maharashtra (13)
 Open Jails are prisons without boundaries and cells
 The open jails in India involve the prisoners in activities like
Farming, Animal husbandry etc.
 Rajasthan, Maharashtra and Himachal Pradesh have the maximum
number of active open prisons in India. Some of the most popular
Open Prisons are located in:
 Yerwada
  Akola
 Kolhapur
 Paithan
 Sangamner
 Bikaner etc
 Criticisms of the Open Jails in India:-
 Many states have an open prison but do not accommodate any
prisoners.
 The reasons for this overcrowding and at the same time under-
utilization could be because the Jails are a part of the state list and
hence a collaborative approach cannot be adopted by the states.
 Unnecessary and arbitrary provisions for ineligibility, which filter
out many deserving convicts.
 Under-utilisation of the Open Prisons.
 The prisoners in most states are selected by a committee, who have
no accountability over them, as they are not expected to provide
reasons for their selections. This leads to partiality and corruption.
 No provision of Open Jails to under trial prisoners.
 Inadequate Open Prisons in every state. Some states are
concentrated with Open Prisons while some have just one and no
Union Territory in India has an Open Prison. Due to the state list
subject, this inequality exists among different states.
 Need for more rehabilitative provisions for other convicts, in order
to reduce the amounts of custodial deaths.
 The rules and laws governing the selection and administration are
extremely old and thus unfit for the present situations.
 VICTIMOLOGY
Victimology is the study of victimization, including the 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 societal groups and institutions, such as the
media, businesses, and social movements (Andrew Karman, 2003)
 Victimology is a science of crime & its victim. Crime affects a
large numbers of victims who suffers physical, social, financial or
emotional harm which needs to be redressed.
 Victims found support & assistance from their family but they
remained “forgotten person” in the criminal justice administration.
 Recent decade’s impact of victimization drew attention of the
world that the victims needed to be treated with compassion &
dignity.
 In other words, criminology encompasses within it the study of law
making, law-breaking and societal reactions to law-breaking
whereas victimology forms a part of specialized study in the field
of societal reaction to law-breaking. Thus it has been generally
accepted that criminology comprises four sub-fields:
1. Penology and the sociology of law;
2. Delinquency;
3. Comparative and historical criminology; and
4. Victimology.
Victimology as a branch of criminology encompasses the study of
the following:
1. Victimization;
2. Victim-offender relationships;
 3. Victim-criminal justice relationships;
4. Victim and the media relationship;
5. Victims and costs of crime;
6. Victims and societal reactions; and
7. Compensatory remedy for victims.

 WHO IS A VICTIM? - All those who experience injury, loss or

hardship due to any cause & one of such causes may be crime.
 WHAT IS VICTIMOLOGY ? - Study of people who
experience injury or hardship due to any cause. Such injury or
harm may be physical, psychological, emotional, or financial.
 WHO IS VICTIM OF CRIME ?- the person who has suffered at
the hands of perpetrators of crime.
 WHAT IS VICTIMOLOGY OF CRIME ?- scientific study of
victimization, including the relationships between victims &
offenders, the interactions between victims & the criminal justice
system (police & court), correctional officials.

 HISTORY - origin of victimology may be traced back to 1940’s

when founders of this knowledge, notably – Mendelsohn, Von
Hentig & Wolfgang initially tended to use the term “hapless dupes
who instigated their own victimization i.e. ‘victim precipitation’
 In modern sense, victimology - any person who experiences injury,
loss or hardship due to any cause. Eg :- Accident victims, flood,
famine, tsunami, blast, etc - Common element – suffering.
 POSITIVIST VICTIMOLOGY
 Positivist victimology, like its counterpart in criminology (is
influenced by the view that crime, along with all other natural and
social phenomena, is caused by factors and processes which can be
discovered by scientific investigation. But whereas positivist
criminologists attribute the causes of crime to various forces
(including environmental and genetic factors) that act upon
offenders and are beyond their control, early positivist
victimologists were interested in the possibility that certain victims
might in some way contribute to their own victimization. Von
Hentig (1941, 1948) and Mendelsohn (1956, 1974), for example,
were interested in observing and identifying regularities or non-
randomized patterns of victimizing events, and in linking these to
particular types of victim who could then be categorized within
various typologies.

 RADICAL VICTIMOLOGY
Radical victimology likewise resembles its criminological
counterpart in rejecting the theoretical underpinnings of positivist
victimology. Instead of seeing victimization as a product of the
personal attributes of individual victims, early radical
criminologists such as Quinney (1972) drew attention to structural
factors relating to the way society is organized, and also the role of
the state itself and the legal system in the social construction of
both victims and offenders.

 CRITICAL VICTIMOLOGY
 For David Miers, the key questions for a critical victimology are
who has the power to apply the label and what factors are
significant in determining whether or not to bestow it? While
acknowledging that such questions represent an advance on
positivist victimology by emphasizing the contingent and
culturally specific nature of our assumptions about who victims are
Mawby and Walklate do not accept that it takes us far beyond the
portrayal provided by radical victimologists. This is mainly
because it fails to explain how those labels are constituted and why
it is that certain conceptions of who, really, are the victims, come
to prevail at different times and in different sets of social and
political circumstances
 TYPES OF VICTIM CRIME :-
1. What is Primary Crime Victim - any person, group, or entity who
has suffered injury or loss (physical, psychological or economic) due
to illegal activity of someone.
2. What is Secondary Crime Victim - who suffer harm or injury as a
result of injury to primary victims eg. Children of raped woman, &
battered woman.
3. What is Tertiary Victims – Communal riots.
Injured victims – Primary Victims
Dependents & relatives – secondary victim.
Community – Tertiary Victim

 THEORIES OF VICTIMOLOGY:-
 o Victim precipitation – focused on how victims own contribution lead
to his victimization. Criminologists refused this theory.
o Victim facilitation – Marvin Wolfgang to study the elements that
make victim more accessible or vulnerable to a crime attack.
o Three model theory – Benjamin Meldelsohn:-
a) the victim being in the wrong place & at a wrong time.
b) attracting factors & life style create a fertile ground for crime
c) there are certain pre-disposing factors such as being young, poor,
minority, unemployed etc. which may lead to victimization.
o Routine Activities Theory – Cohen & Felson this theory
presupposes crime occurs – if
a) suitable target
b) Motivated offenders
c) Absence of security/parental control etc.

RIGHTS OF VICTIMS OF CRIME :-

i) Right to access to justice & fair treatment
ii) Right to compensation
iii) Right to assistance
iv) Right to restitution.

o REASONS FOR NON-REPORTING OF CRIME –

o People’s apathy & attitude of indifference.
o Effect of crime being insignificant or petty.
o Identity of the offender being unknown.
o Apprehension of threat or harassment from the culprit.
 o Social & public indignation in cases of rape, illegal
abortion, & other sexual offences.
o Considerable loss of time, money in prolonged litigation.
o Hostile witnesses
o Lack of faith & confidence in police action.

o IMPACT OF VICTIMIZATION –
o Physical Impact – at the time of crime being committed against a
person, has to choose between – “fight or flight”, i.e.fight against
perpetrator or the subdue & meekly fall a prey to his criminal act.
- Physical injuries are fatal & damaging.
o Financial Impact – medical treatment, damage to property,
litigation cost, employment loss, funeral expenses, if shifting –
expenditure.
o Psychological Impact – reflected in the behavioural responses,
includes alcoholism, excessive use of drugs, segregation of social
relationships or social withdrawal and some victim may develop a
serious post-traumatic stress disorder (PSTD) etc.
o Judicial Trends – dominant role in assuring compensatory justice
o Rudal Shah v. State of Bihar AIR 1983 SC 1086 – the court
observed that a person is entitled to compensation for the loss or
injury caused by the offence, & it includes the wife, husband,
parents & children of the deceased victim.
o Swaran Singh v. State of Punjab - the court held that the
quantum of the compensation must be reasonable, depending
upon the facts, circumstances & justness of victim’s claim.
 o Bhim Singh v. State of J & K AIR 1986 SC 498 - Bhim Singh
was maliciously & deliberately detained in police custody in order
to prevent him from attending the Assembly Session- Rs. 50,000
compensation awarded.
o D.K. Basu v. State of West Bengal 1997- monetary
compensation is an appropriate & indeed an effective remedy for
redressal.

 DEMOGRAPHIC CHARACTERISTICS OF THE VICTIMS :-

Trusting strangers:- Over sensitive, gullible and emotional
people especially who are lonesome, easily befriend and trust total
strangers – make them easily available targets.
Avarice :- Basically greed – for money – to double the income –
short period of time. Makes conman’s job easy.
Superstition :- Instigated and misguided by – spiritual gurus.
Irrational attitude or mob psyche :- Mobs take law in their own
hands- find judicial process lengthy and burdensome- prefer to
inflict punishment by themselves on the offender.
Extreme ideologies: Misconceived ideologies -which are firm-
about religion, nation, doctrines, politics or otherwise.
When a person finds his ideology being rejected and attacked-
having failed in convincing the others- decides his fate and
commits a crime against himself under the influence of such
ideology. Victim – becomes the offender.
Eg :- Suicide Bombers.
Family problems: Several cases are registered in India, where the
head of family, on failing to pay the debts, induces his family
members to commit suicide with him and the family members
succumb to this state of despair.
Victim-doer relationship :- Hans Von Hentig explained this
relation in which criminal committed crimes of conning the
victims, taking advantage of their illiteracy, ignorance and avarice.
Eg :- People who do adultery, bigamy and other illegal activities
become victims at the hands of the blackmailers.
Charismatic personality:- Victims generally fall prey to the
criminals having impeccable demeanour, lavish lifestyle and
having prowess over several languages. Such criminals have an
infallible insight to judge the weakness of their victims. Eg :-
Charles Shobraj Case.
Socio-Legal Issues:- Women have been victims of customs in
some societies, where giving birth to a son is a prerequisite
expected of a woman. Failure to have a son results in divorce or ill-
treatment by husband and in-laws in the house. Women are the
silent sufferers at the hands of such customs. Further also women
who are rape victims – impregnated by rapist – prefer illegal
abortions.
Psychological problems: As per the studies conducted by
Australian Institute of Criminology, people with intellectual
disability are three times more likely to be victims of physical,
sexual assault and robbery than those without the disability.
Eg :- Kleptomania, Schizophrenia etc.
Age Factors:- Studies reflect that elderly people are subject to
more physical abuse and domestic violence. Such victims do not
raise their voice for the fear of removal from home and
institutionalization since they are dependent upon the abuser for
survival.
Uncivil habits: Bad habits such as spitting on the roads of creating
pollution are the crimes committed by the citizens and they
themselves are the victim of the same. This gives rise to health
problems among themselves.
Ambition :- Also common at work place- employees do not
complain – to secure promotion & better remuneration. Solution
given – Guidelines – Vishaka vs State of Rajasthan.

SEX RACKETING/ SEX DELIQUENCY :-

Prostitution can be deemed to be sex in exchange for money
Prostitution can be due to several factors:
(a) Easy money
(b) Victim of human trafficking
(c) Poverty.
(d) Sex racketing : in these cases, generally sex is used for
commercial or business purpose. It is a forced form of prostitution
where girls are photographed and later might be blackmailed to
indulge in forced sex. Sex racketing is also rampant where young
aged girls are sold off by their parents or relatives.
(e) Luxurious lifestyle
(f) Failure for rehabilitation
(g) Physical pleasure

TREATMENT OR CORRECTION OF OFFENDERS

NEED FOR REFORMATION :-
 The concept of reformation is as old as civilization.
 Reformation should go hand in hand with retribution & deterrence.
The prison may serve as institution for the reformation &
rehabilitation of offenders.
 During the early years of Indian independence, the prison
administration was using the inmates as labour for their own
development; later it was released that community service &
productive work can be mode for reformative prison policy.
 After independence changes have been introduced in India. An
ideal classification of offenders for treatment. The prisoners avails
facilities such as furlough, ticket on leave, medical aid, educational
or self-introspection.

CLASSIFICATION OF PRISONERS –
 During olden days the object of prisonization was to subject the
inmates to maximum punishment & torture therefore there was no
need to classify them.
 With the evolution of penal science, the offenders are classified into
different categories:-
 Hardened criminals – who are fit for treatment in a conventional
jail.
 Casual Criminal – who are fit for treatment in a medium-custody
jail or sent to reformatory or released on probation.

CLASSIFICATION OF OFFENDERS ACCORDING TO JAIL

REFORM COMMITTEE 1980-83 –
 Under trial prisoners,
 Prisoners sentenced to short, medium & long terms of
imprisonment,
 Habitual offenders,
 Juvenile & young offenders,
 Women offenders,
 Civil & political prisoners,
 Detenues under National Security Act, FERA, TADA, NDPS
Act, etc.
 Committee recommended variety of institutions for different
categories of offenders.

THE ROLE OF PSYCHOANALYSTS & SOCIAL

WORKERS IN THE PRISON:-
Psychoanalysts:-
Psychoanalysts are experienced mental health professionals who
have mastered psychoanalytic methods and theories.
Psychoanalysts help you, with perseverance, to enable you to
understand the deep unconscious part of your mind, to make your
life better, meaningful, and worthwhile.
Social Worker:-
Social workers are professionals who aim to enhance overall well-
being and help meet basic and complex needs of communities and
people. Social workers work with many different populations and
types of people, particularly focusing on those who are vulnerable,
oppressed, and living in poverty.
 PSYCHOANALYSIS: - Founded by Sigmund Freud in Vienna at
the beginning of the 20th century. It is based on the idea that
human minds consist of both conscious parts and unconscious
parts. We all live, without exception, in some forms of
unconscious captivity.
Psychoanalysis is a practice in which an analyst interacts with an
analysand in a special way. It aims for the analysand to
understand his/her own self including the unconscious parts from
the bottom of his/her heart and to be free from captivity.

ROLE OF PROFESSIONAL SOCIAL WORKER IN INDIAN

CORRECTIONAL SETTING:-
The role of Social work in prisons is inevitable. Social workers aid
correctional institutions in the process of correcting prisoners'
behaviour.
Social work holds great promise of becoming a useful service for
correctional institutions. However, in India, the practice of social
work within correctional institutions requires an urgent review.
Indian prisons earlier focused exclusively on punishment and are
in the process of being converted into correctional institutions with
the purpose of reformation and rehabilitation- last two decades.
Need to convert prisons into correctional institutions by employing
adequate, competent and qualified correctional staff.

VOCATIONAL TRAINING TO PRISONERS :-

Vocational training is one of the major tools for reformation and
rehabilitation of the convicted prisoners in correctional Institutions. In
India, the vocational training programmes provide opportunities for
the prison inmates to engage themselves in fruitful pursuits during the
term of their sentence in jails. Such training not only provides prison
inmates value for their work but also helps in developing the prisoners
learning skills which can enable them to follow a vocation after
release from the jail.
Earlier the punitive approach was used as a form of punishment.
There was emphasis on hard unproductive labour and efforts were
made to make it as unpleasant as possible.
In the reformative approach it is to be used not as an end in itself but
as a means to develop certain skills in the prisoner which, apart from
disciplining him, shall be help him in finding some vocation to sustain
himself after his release and also enable him to earn wages while
serving in prison.
As per the Mulla Committee Report :-
The objectives of imparting vocational training to inmates are:
(a) training and equipping them for lasting vocational adjustment
and for their rehabilitation;
(b) imparting training in work-skills, vocational ethics, vocational
practices and stages; skills and techniques;
(c) improving work habits, work skills, work performance, job
intelligence and craftsmanship of inmates and thus equipping them for
conditions of work in the outside labour market;
(d) creating an active interest in work;
 (e) developing a sense of self-confidence and pride in their work and
vocation;
(f) developing reserve pool of trained inmates to maintain continuity
in work programmes in prisons.
SELF-GOVERNMENT IN PRISON –
 In order to ensure discipline & obedience among inmates
experiments on self-govt. in prisons have been carried out in America
& elsewhere.
 Under the system, the inmates are to elect some of their colleagues as
their representatives & the entire prison management is run by this
elected body of inmates.
 In India, however, the system of self-government in prisons has not
been very successful. The reason is lack of general moral discipline
among the criminals who are generally illiterate persons.
 India has adopted partial self-government system.
 Under this prisoners who have good prison record are attached to
work with wardens & guards of the institution & thus they act as
common link between the prison authorities & the fellow inmates.
 They are extended certain facilities & are even allowed to move out
of the prison occasionally during the course of their work.
 Develops a sense of duty, honesty, trust & loyalty among the
prisoners.

PAROLE
Definition :-
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 the free society without supervision.”

Donald Taft – “ Parole is a release from prison after part of the

sentence has been served, the prisoner still remain in custody and
under stated conditions until discharged & liable to return to the
institution for violation of any of these conditions.”

Dr. Sutherland – “parole as the act of releasing or the status of

being released from a penal or reformatory institution in which
one has served part of his maximum sentence, on condition of
maintaining good behaviour & remaining in the custody and
under the guidance of the institution or some other agency
approved by the State until a final discharge is granted.”

THE CONCEPT OF PAROLE

Historically, concept known to military law & denotes release of a
prisoners of war on promise to return. These days it has become
an integral part of criminal justice system.

CONDITION TO RELEASE –
The conditional release from prison under parole may begin any
time after the inmates has completed at least one-third of the
total term of his sentence but before his final discharge. (to
provide them opportunity to associate with outside world).
 ORIGIN OF PAROLE IN U.S.A. –
 Origin can be traced back to earlier system of removal of
prisoners & handling them over to the employers for work &
supervision condition of being returned back to prison.
 End of 18th century many Prison Aid Societies were formed to
assist & help the exconvicts.
 With the passing of the Parole Reform Act, 1977, a uniform
system of parole implemented throughout the country.

PAROLE INDIA :-
 Did not emerge out of the social movement but were outcome
of the worst conditions of treatment faced by the political
sufferers during imprisonment. – Repeatedly launched protests.
 Meantime, the reformative trend gained momentum in the field
of penology all around the world.
 It was realized that confining convicts hardly serves any useful
purpose – significant reforms in prison administration.
 Lack of planned penal programme in this country – e.g.
probation is practiced in haphazard manner without clear cut
idea & goal.
 It is well known that probation implies supervision & control of
probation officer but today this work entrusted to the Social
Welfare Board.
 But Parole is fully in conformity with the existing penal law.
Does CrPC cover the concept of parole?
 The Power to Suspend or Remit Sentences is covered by
Section 432 of the Criminal Procedure Code, 1973.
In Sunil Fulchand Shah v. Union of India (2000), the Supreme
Court said explicitly that “parole does not amount to
suspension of sentence.” As a result, it is evident that Section
432 of the Criminal Procedure Code does not apply to parole.
 Because there are no sections in the Code of Criminal
Procedure, 1973, which deal with parole, and because there is
no unified legislation in India that deals with it, individual
states have their own laws governing it. As a result, there is
some ambiguity when it comes to concerns about parole.
 Unlike the United States of America or the United Kingdom,
India lacks codified parole legislation, and the power to decide
on parole issues is drawn solely from these statutes and
judgments.

TYPES OF PAROLE IN INDIA

 Custody parole or emergency parole.
Custody parole is provided in emergency situations.
Except for foreigners and those serving death sentences, all
convicted persons may be eligible for emergency parole for 14
days for reasons such as the death of a family member
(which includes grandparents, father, mother, spouse, son,
daughter, brother, sister) and the marriage of a family member
(which includes son, daughter, brother, sister), provided that
emergency parole cannot be extended.
 The Superintendent of jail grants parole, which is subject to
verification of the circumstances from the concerned police
station.

 Regular Parole
Except in exceptional circumstances, offenders who have
served at least one year in prison are eligible for regular
parole for a maximum of one month.
It is awarded for a variety of reasons, including:
 A family member’s (which includes father, mother, spouse,
son, daughter) serious illness.
 A family member’s death or an accident. (same as custody
parol, as stated above)
 A member of the family marries.
 The convict’s wife gives birth to the child (except for high-
security risk prisoners).
 Maintain social or familial ties.
 Natural calamities cause serious harm to the convict’s
family’s life or possessions.
 Continue to file a Special Leave Petition.

STRUCTURAL SET UP OF PAROLE BOARD & THEIR

FUNCTIONS:-
 The parole Board consists of parole administrators who are
from among the respectable members of society.
 Functions –
 Discharging convicted prisoners on parole after careful
scrutiny (quasi-judicial function).
 Another function is to prepare a case history of parolees &
help & advise them in the process of rehabilitation.
 The Parole organization, consists of three agencies –
1) The Parole Board,
2) The Case Investigators,
3) Parole Supervisors, all of them work in close liaison with
each other.
 In U.S. this task is handled by the expert psychologists &
psychiatrists who determine his suitability for being paroled
out.
 No such methods exists in India the prospective parolee is
given a simple hearing in prison to assess his feasibility for
discharge on parole.
 The Indian law provides for parole only in cases of serious
offenders who are committed to long term sentences.
 The primary duty of the Parole Board is to determine when a
prisoner shall be released.
 The decision of the Board is based on the needs of the
prisoners & the security of the community.
 Certain types of criminals convicted for serious offences like
murder, rape, sedition, terrorism or those punished with
imprisonment for life are not considered fit for to be released
on parole.
 Similarly parole is not admissible to convicts undergoing
sentence under the NDPS act or Foreigners Act or for
habitual offenders.
 Supreme Court in the case of Inder Singh v. Delhi
Administration, emphasized the need for liberal use of parole
even in case of heinous crimes. The court directed to jail
administration to make liberal use of release of prisoners on
parole, taking note of overcrowding in prisons and the pitiable
conditions therein. It will ease the overcrowding problem to a
considerable extent.

CONDITIONS OF PAROLE :-
 The system essentially involves two considerations, namely :-
o watchful control over parolee so that he could be
returned to prison institution from which he was paroled
out if the interest of public security so demanded; and
o constructive help and advice to parolee by securing
him suitable work so as to develop self-confidence in him
and finally to guard him against exploitation.
 The success or failure of parole generally depends on the
following factors:-
(1) It has generally been accepted that the offenders committed
for crime against person are more suited for parole than
those committing crime relating to property. The latter, often
resort to recidivism and do not respond favorably to the
conditions of release on parole.
(2) Family circumstances of the offender have much to do
with the success or failure of parole. The noted criminologist.
Donald Taft rightly contends that prisoners with domestic
liabilities and family responsibilities are "good-risks" as
compared to those who are bachelors or without family
liabilities.
(3) Recent methodical researches on parole clearly demonstrate
that recidivists often derogate from parole conditions and
have to be brought back to prison sooner or later. The first
offenders, on the other hand, are usually good parolees and
readily adjust themselves to the conditions of normal society.
(4) Social status of the offender also has a direct bearing on the
parole success. It is generally observed that offenders who
belong to higher socio-economic strata or those who have a
better educational background, respond favorably to the
system of parole. The obvious reason for this is that such
persons are generally committed to prison for an act which they
might have committed due to sudden impulse or emotional
disturbance for which they are usually repentant.
(5) As a matter of policy, parole should be administered only to
those prisoners who display an inclination for good
behaviour and show respect for law and justice. The
adaptability of prisoners can be assessed through a method of
careful diagnosis by trained and qualified parole staff.
(6) Parole violators are denied the benefit of earning good-
time after their return to prison to serve the remaining part of
sentence.
JUDICIAL TREND :-
The courts in India have generally favoured the view that the
prisoners who have been incarcerated or kept in prison without
trial for a long time, should be released on parole to maintain
unity of family. It may be useful to refer to some of the
decisions to support this contention.

There is a need to paroling out long-term prisoners periodically

for reasonable spells, subject to sufficient safeguards
ensuring their proper behaviour outside and prompt return
inside. This was highlighted in the case of Hiralal Mallick v.
State of Bihar.
The court observed in this case that :- "One method of reducing
tension is by providing for vital links between the prisoner and
his family. A prisoner insulated from the world becomes bestial
and, if his family ties are snapped for long, he becomes
dehumanised Therefore, we regard it as correctionally
desirable that this appellant be granted parole and expect the
authorities to give consideration to paroling out prisoners
periodically, particularly of the present type, for reasonable
spells, subject to sufficient safeguards ensuring their proper
behaviour outside and prompt return inside the prison."

In its landmark decision in Kesar Singh Guleria v. State of

Himachal Pradesh, the Supreme Court observed that for
exercising the power, function and duty to temporarily release
the prisoners on parole, the paramount consideration which the
releasing authority shall bear in mind is that the right to be
released is not defeated merely because the prisoner on account
of his impecunious condition is unable to offer a security bond
or surety bond. The discretion to waive the requirement of
furnishing bond should be exercised in cases of poor prisoners
bearing in mind other relevant considerations of family-ties,
roots in and social conditions etc.

Does parole period counts under sentence?

The Supreme Court has expressed differing views on this issue
at various times. The Supreme Court of India stated in the case
of Smt. Poonam Lata v M.L. Wadhawan (1987) that “it must
thus be decided that the duration of release has to be
disregarded in computing the period of confinement.”
However, in the case of Sunil Fulchand Shah v. Union of
India (2000), the Supreme Court stated that “a temporary
release of the person detained does not change his status
because his freedom and liberty have not been entirely
restored. As a result, temporary release on parole cannot be
deducted from the maximum imprisonment period.” As a result,
the decision in the Poonam Lata case has been overturned.

A recent Supreme Court decision in Ashfaq v. State of

Rajasthan (2017) sheds some light on India’s parole laws. The
Court in this case observed that parole is the conditional release
of a prisoner based on good behaviour and the need that the
prisoner report to the authorities on a regular basis.

Incidents of misuse of Parole :-

While the concept of parole has been highlighted and re-pressed
by the judiciary and penologists alike in order to decrease the
negative aspects of prison life, the question of whether parole
actually serves a function or merely acts as a method of
emigration arises. The recent case of Manu Sharma garnered
national outrage at haphazard jail management and an
even more haphazard State Government, which granted and
vociferously supported a convict in the Jessica Lal murder case.

Further in the case of Central Bureau Investigation vs Bibi

Jagir Kaur & Ors- Bibi Jagir was sentenced to prison for her
role in the murder of her daughter. The charges of murder
against her had been dismissed and she was acquitted in 2018.
She was given a five-year jail sentence. After only four months
in prison, she was given parole. She was said to have received
preferential treatment because she was a former Punjab
Cabinet Minister.

COVID-19 pandemic and the grant of parole

The life-threatening coronavirus is infectious. Diabetes,
hypertension, chronic respiratory disorders, cardiovascular
diseases, and old age put them at greater risk. In overcrowded
areas, the virus’s ability to propagate increases. As a result,
inmates across the country applied for bail extensions and
interim bail/paroles. Given the state of India’s prisons, many
people were at risk of contracting this lethal infection. In view
of this, the Supreme Court of India issued an order directing
states and union territories to release prisoners on parole as
soon as possible, taking into account the nature of the crime
committed.

Further in case of National Alliance for People’s Movements

Through its National Convener and Others v. the State of
Maharashtra Through its Additional Chief Secretary and
Others (2020). In light of the pandemic, the question of
whether inmates were entitled to emergency parole as a right
was considered, and it was determined that because there was
no “sanction of law traceable either to a legislation of the
competent legislature, or to an order having the force of law
which the executive has authority to make, or to a law declared
by the Supreme Court binding on all inmates.”

A full bench of the Bombay High Court in the case of Pintu vs

the State of Maharashtra (2020) has ruled that a prisoner
convicted under the Protection Of Children From Sexual
Offences Act is not entitled to the benefit of emergency
(COVID-19) parole as per a government notification dated
May 8, citing the High Court’s decision in Sardar s/o. Shawali
Khan vs. The State of Maharashtra & Anr (2020).
PAROLE AND INDERTIMINATE SENTENCE
DISTINGUISHED
 Parole is closely linked with the system of indeterminate
sentence.
 Indeterminate sentence carries with it an element of
uncertainty about the exact period of sentence which in
itself is a great punishment to the offender;
 While on the other hand, the system of parole serves a kind
of pre-intimation to the parolee that he is nearing his final
discharge.
 Again, in case of indeterminate sentence no specific period
of sentence is ever laid down ;
 whereas the convicted prisoner who is released on parole is
always initially committed to a definite term of sentence
and while undergoing the punishment, if he is considered fit
for release on parole, he is so released for the remaining
portion of his sentence as a parolee.
 It is significant to note that grant of parole is a quasi-
judicial function performed by the Parole-Board. Before
allowing a prisoner to be released on parole, the Parole
Board has to ensure that the parolee has a suitable abode to
live in and a satisfactory job to do.
 The Parole Officer has also to undertake a pre-parole
orientation programme for the prisoner and make sure that
he is well prepared to adjust himself to normal life and at
 the same time the conditions outside the institution are
conducive to the development of his personality.

PROBATION

 Probation of Offenders has been widely accepted methods of dealing with

corrigible offenders, particularly the young offenders & the first offenders.
 It aims at rehabilitation of offenders by returning them to society rather than
sending them into an unnatural & socially unhealthy atmosphere of prisons.
 The offender is allowed to remain in the community as a normal human
being with the help of advanced techniques of social case-study, the
probation officer endeavours to bring about the desired change.
 Misconception – an easy let-off or a form of leniency & not a punishment.
But it is for juveniles or adults enables to maintain contact with family &
other social agencies.
 Definition :-
Homer S. Cunnings – “Probation is a matter of discipline & treatment. If
probationers are carefully chosen & supervision work is performed with care
& caution, it can work miracles in the field of rehabilitation.”

Donald Taft – “probation as the postponement of final judgment or

sentence in a criminal case, giving the offender an opportunity to improve
his conduct & to readjust himself to the community, often on condition
imposed by the court & under the guidance or supervision of an officer of
the court. In case of juvenile probationers, non-criminal procedure is
adopted & it is less formal. Thus, the system of probation involves
 restrictions on the liberty of probationer & refrains him from disapproved
behaviour, or conversely, compels him to perform certain required acts
which may be irksome or even painful to him.”

Don M. Gottfriedson – “Probation is a procedure by which a convicted

person is released by the court without imprisonment subject to conditions
imposed by the court. Thus, probation is part of the decision making process
of Judges at the time of sentencing.”

Conditional suspension of Sentence –

• Probation is a conditional release of an offenders under supervision. As a
corrective measure, supervision can be used in two ways, namely, before &
after the custodial sentence.
Before custodial sentence = Probation.
After custodial sentence = Parole.

• Actual selection for release on probation depends on the careful

investigation of personal case-history & social circumstances of the
offenders. The investigation is done by a Probation Officer who prepares a
presentence report to be filed before the trial court prior to the final disposal
of the case.
 Probation involves conditional suspension of punishment. An offender may
be released on probation either after or before sentence is passed.
 In former case, the sentence is suspended & delinquent is placed under
probation.
 In the later, he is put under probation straightway without any sentence
being passed.
 The system of probation serves to bridge the gap between punishment &
measures of safety that is, moral responsibility & social defense.
 It seeks to combine the punitive & the treatment reaction to crime.

Object/Purpose of Probation
 To reclaim back those young & first offenders to orderly society, who have
for certain reasons fallen into bad company & landed into criminality.
 The “Probation of Offenders Act, 1958 is not meant for hardened &
habitual offenders, who are beyond redemption & are incorrigible.
Origin of Probation System
 The history of probation can be traced back to the medieval concept of
‘benefit of clergy’, surviving in England & America until 19th century.
 The privilege of ‘benefit of clergy’ permitted clergy & other literates to
escape the severity of the criminal law.
Probation in India
 The Indian probation law provides that judicial power should be vested in
the judiciary; if it is delegated to extra-judicial agencies, it would create
serious problems & it is against the norms of justice also.
 1st Statutory recognition in 1898 through Sec. 562 of the Code of Criminal
Procedure, 1898.
 Under this first offender convicted of theft, mis-appropriation etc. under
IPC punishable not more than 2 yrs imprisonment could be released.
 The Children Act, 1908; the Children Act,1960;
 The Juvenile Justice Act, 1986; further substituted by Act of 2000 and then
amended in the year 2015.
 After the independence, certain concrete steps were initiated to popularize
as a correctional measures of treatment of offenders.
 A Probation Conference was held in Bombay in 1952, Conference was a
milestone in the progress of Probation law in India.
 All India Jail Manual Committee was formed to review the working of
Indian Jails & suggest measures for reform in 1957. Govt. of India decided
to have comprehensive legislation & Bill was introduced in Lok Sabha on
Nov.11, 1957 & it became an Act in 1958.

The Probation of Offenders Act, 1958

 Applicable to juvenile & adults,
 Applicable to offences committed under IPC & other special laws i.e.
Prevention of Corruption Act, 1947; the Prevention of Food
Adulteration Act, 1954; the Customs Act, 1962; the Prevention of
Black Marketing & Maintenance of Supplies of Essential Commodities
Act,1980; the Conversation of Foreign Exchange & prevention of
Smuggling Activities Act, 1974; Narcotics Drugs & Psychotropic
Substances Act, 1985 etc.

Merits of Probation
 British & American statistical studies have shown that roughly 70% of
those put on probation have made good.
 It is most useful in the juvenile delinquents, because many times due to
unsatisfactory home circumstances.
 On the basis of exchequer economy, probation is normally 1/10th of the
expenditure on prisoners.
  Probation is good way of sending message of mercy.
 The practice of probation does not mix the first time offenders with
hardened criminals.
 It plays important role in reduction of overcrowding in prison.

Demerits of Probation
 The threat of further punishment may prevent establishment of
confidence & trust which are the corner stone of probation.
 It places offender in the environment which produced him & is not likely
to modify behavior.
 The huge caseloads of offenders, probation officers are given very little
guidance, supervision or assistance.

Probation officers
 Probationers are assigned to probation officers on the basis of district,
sex, race, crime.
 A probation officer has to work very closely with the court & the judges
even though they form part of executive.
 They mostly have background in social service & social welfare.

Duties of Probation officers

 Enquiries & investigation both at the pre-trial & post-trial stage.
 He may have to report to the court like–
(a) Antecedents of the offenders.
(b) Means of offenders.
(c) Family situation.
 (d) Hereditary problem.
(e) The assets & liabilities of the cases.
(f) Cause of the criminal behaviour.
(g) Offender’s physical & mental health
 Case work has to be done, this includes –
(a) Building confidence/rapport.
(b) Guiding, advising & encouraging.
(c) Finding suitable employment.
(d) Counseling with the parents.
(e) Helping to disentangle personal relationships, such as bad company.
(f) To visit & be visited by the offender, which requires qualities not just
of head & heart but tact, ability to understand the offenders, patience,
caring the offenders.
 To be in touch with latest probation training & be well read in sociology,
psychology, human behaviour etc.
 To collect money from the offenders by way of fine, costs, restitution etc.

Limitations of Probation Officers

 When conditional probation orders are issued, it may become improbable
for the officer to know whether the condition is fulfilled. Example – whether
probationer is abstaining from alcohol.
 There is heavy burden of case-work, may result in inefficiency.
 A chief concern is the large number of wholly untrained direct entrants into
probation service.
 An untrained people cause more trouble than what they prevent or cure.
 Probation officers spend much time sitting in courts which should be devoted
to case-work. A lot of the officers’ time is wasted.
 Probation officers are sometimes handicapped by non-availability of official
records to them.
 The probation officer is many times unguided by scientific treatment methods.

Judicial Trend
• Sanjay Dutt v. State of Maharashtra AIR 2013 SC 3051 –
The S.C. observed that in release of an offender on probation & other matters
while the Probation of Offenders Act has a wider a scope than sec. 360 of Cr.
P. C. The provision of Sec.4 applies to all persons convicted for any offences
which is not punishable with death or life imprisonment.
 Masarulla v. State of T.N. AIR 1983 SC 653 –
Two-judges bench of the apex court held that in case of an offender under 21
yrs of age, the court for the purpose of determining the exact age will take
into consideration the date of commission of the offence & not the date on
which he is found guilty & sentence was passed against him.

The Law Commission of India, in its 47th Report had recommended that
the exclusion of social and economic offences (smuggling, food
adulteration) from the purview of P.O. Act.

 PAROLE & PROBATION COMPARED –

Parole Probation
The Parole came into existence Origin - Jonh Augustus of Boston in
 around 1900. 1841
Parole can be granted only after It is merely the suspension of
serving a part of sentence in a sentence granted to a prisoner when
prison shown propensity for good
behaviour.
A parolee is considered to be in It is considered as if undergoing
“custody” undergoing both “treatment” while he is under the
punishment & treatment while threat of being punished if he
under the threat of more severe violates the conditions of probation
punishment.
Quasi-judicial function – a Judicial function - a person guilty of
prisoner is released from prison offence is released by the court.
to the community prior to the
expiration of his term by Parole
Board.
Last stage. First stage of correctional scheme

Conclusion & suggestions

 On grounds of economy & efficiency the best alternative to imprisonment
& fine is a properly organized & supervised system of probation.
 Psycho-analysis & scientific techniques of evaluating and improving human
behaviour should be used by probationary officers.
 Only Trained candidates should be recruited.
 A record should be maintained
 More women should be recruited.
Probation Violations:
A probation officer may at his discretion issue a probationer a warning, or
order him to appear before a court for a probation violation hearing. At the
hearing, the probation officer will typically request additional punishment,
usually involving incarceration. A prisoner released on parole may have
parole revoked, and be recalled to prison. There is no "hard and fast" rule for
what type of violation will result in a hearing. One violation that is almost
always considered serious is failure to appear for scheduled meetings with
the probation officer. Being found in possession of illegal drugs, or being
arrested for another crime, is likely to result in a hearing. How seriously the
violation is regarded may depend upon the facts of the original offense – for
example, if a person has been convicted of a gang-related offense,
"association with known criminals" may be viewed as a more serious
violation than if the person were on probation for driving a car with a
suspended license