D1252TCL P-II Criminology and Penolgy

Criminology & Penology 1.
1 Dimension of Crime in India
LESSON – 1
DIMENSIONS OF CRIME IN INDIA
1.0 OBJECTIVES
To Know
The Nature and Extent of Crime in India.
The Crime control approaches
The Powerful Crimes and its characteristics
The Socio-Economic crimes and crimes in Professions
The State Agencies and its Criminality
The Criminality of Women, Young Offenders, Criminal Gangs
The reasons of the Chronic Offenders Criminality
The Nature of the White Collar Crimes
STRUCTURE
1.1. Nature and Extent of crime in India
1.2. General approaches to crime control
1.3. Crimes of the powerful
1.3.1. Organized crime – smuggling, traffic in narcotics
1.3.2. White collar crime – corruption in public life
1.3.3. Socio-Economic crime: adulteration of foods and drugs; fraudulent trade
practices
1.3.4. Crimes in the professions – medical, legal, engineering.
1.3.5. Criminality by agencies of the state.
1.4. Perpetrators of ordinary crime
1.4.1. The situational criminal
1.4.2. The chronic offender
1.4.3. Criminality of women
1.4.4. Young offenders
1.4.5. Criminal gangs.
1.5 Summary
1.6 Technical Terms
1.7 Self Assessment Questions
1.8 Reference Books
Centre for Distance Education 1.2 Acharya Nagarjuna University
DIMENSIONS OF THE CRIME IN INDIA
1.1. NATURE AND EXTENT CRIME IN INDIA

Crime is the price paid for the advantage of civilization. Crime is said to be a major social
phenomenon of modern civilized and advanced societies. Though there was crime in primitive
societies too but therein it was not a major social problem. In primitive societies, the mores are
strong enough to control the individual behaviour effectively, and the few who disobey the rules
do not constitute a threat to the community.
In modern civilized societies, as we saw elsewhere, the influence of mores has lessened and it
is difficult to compel universal observance of mores. The modern societies have a population
which is heterogeneous in racial and cultural background and is differentiated into various
classes. They have several norms of conduct which often clash with one another; and have
limited control over the behaviour of their members.
The trend of crime keeps changing with the growing population and rapid development of towns
and cities. Rise in crime in any place is a worrying factor for everyone and especially crime
against women, children and weaker sections of the society is a great concern to all of us.
Crime leaves deep scars in the society; therefore we need to study the causes, patterns and
nature of crimes affecting the human body and property to find out the reasons for incidence of
such crimes. Such a study will help us to identify remedial measures and policy interventions to
contain such heinous crimes.
Crime in India exists in various forms. According to many criminologists crime as one among
several forms of deviance, about which there are conflicting theories. Some of them considered
crime a type of anomic behaviour; others characterize it as a more conscious response to social
conditions, to stress, to the breakdown in law enforcement or social order, and to the labelling of
certain behaviour as deviant.
In recent statistics identified the increasing trends in crime have attracted attention from various
quarters. Criminologists have made efforts to look into the causes of the increasing trends in
crime. The rate of urban growth particularly, in the era of globalization trend, has been
considered to be an important factor in stimulating crime.
Definitions: The term “Crime” has been defined by many Jurists in different dimensions.
As per the Oxford dictionary “Crime as an act punishable by law as forbidden by statute or
injurious to the public welfare.
William Blackstone in his book, “Commentaries on the Laws of England” defined Crime is “an
act committed or omitted in violation of public law either forbidding or commanding it”.
Criminology & Penology 1.3 Dimension of Crime in India
According to Gillin John Crime “an act that has been shown to be actually harmful to society or
that is believed to be socially harmful by a group of people that has the power to enforce its
beliefs, and that places such act under the ban of positive penalties.”
The definition of the Gillin is a sociological definition of crime but fails to explain a number of
criminal behaviours.
Crime has also been defined in social or non-legal terms. The social definition of crime is that it
is behaviour or an activity that offends the social code of a particular community. Some of them
are as follows:
Mower defined it as “an anti-social act”.
Further, according to Caldwell crime is "an act or a failure to act that is considered to be so
detrimental to the well-being of a society, as judged by its prevailing standards, that action
against it cannot be entrusted to private initiative or to haphazard methods but must be taken by
an organised society in accordance with tested procedures."
Sociological perspective background criminologists have not claimed that there is no place for
legal definition of crime in criminology and only drawn attention to situations in which people
who engage in 'criminal' behaviour are either not caught or are acquitted by the courts because
of inadequate evidence or legal loopholes or pressures. They mainly opined that the legal and
non-legal definitions of crime do not always coincide because the legal and the social codes of
a society can often differ.
Elements of Crime: It is a general principle of criminal law that both the physical act (actus
reus) and the guilty mind (mens rea) must be present at the same time for a crime to have
occurred. Along with them, the Human being and injury to another human being are also
essential to constitute a crime.
1. Human Being;
2. Mens rea/Guilty intention: Mens rea refers to the mental element of the criminal.
According to it the criminal act must be voluntary or purposeful. Sometimes called it as
guilty mind. The guilty mind refers to the intention, knowledge or recklessness of the
accused. However, intention is commonly used in the CRIMINAL CODE to establish a
type of guilty mind.
3. Actus reus/illegal act or omission: Actus reus means the thing done. A crime is
committed when a person commits a guilty act accompanied by a guilty mind. The
physical act of committing an offence (actus reus) is more than an act, it can be an
omission to act or a "state of being."
4. Injury to another human being.
Causes of Crime: There is no single cause to any disorder, including crime. They are number
of Factors responsible for the causes of crime in India. Reasons for committing a crime include
greed, anger, jealously, revenge, or pride.
1. Poverty;
2. Un-employment;
3. Beggary;
4. Parental Negligence;
5. Drugs and Alcohol;

6. Peer Group influence;
7. Social Exclusion;
8. Biological factors etc.
American FBI has devised a list of the factors which contribute to crime. Source: Bureau's
"Uniform Crime Report”:
1. Population density and degree of urbanization.

2. Variations in composition of the population, particularly youth concentration.
3. Stability of population with respect to residents' mobility, commuting patterns and
transient factors.
4. Modes of transportation and highway systems.
5. Economic conditions, including median income, poverty level and job availability.
6. Cultural factors and educational, recreational and religious characteristics.
7. Family conditions with respect to divorce and family cohesiveness.
8. Climate.
9. Effective strength of law enforcement agencies.
10. Administrative and investigative emphases of law enforcement.
1.2. GENERAL APPROACHES TO CRIME CONTROL

Crime control refers to methods taken to reduce crime in a society. Penology often focuses on
the use of criminal penalties as a means of deterring people from committing crimes and
temporarily or permanently incapacitating those who have already committed crimes from re-
offending. Crime prevention is also widely implemented in some countries, through government
police and, in many cases, private policing methods such as private security and home defence.
General Approaches to control the crime are as follows:
a. Prevention saves the life and property of the people whom the police are in duty to
protect.
b. Avoid a good deal of trouble to the victim both physical and mental.
c. Rules out litigation which follows in the wake of detection of a crime.
d. Prevention also saves the police from the trouble of recording First Information Report at
all odd hours of the day and night and of taking immediate action for the investigation.
1. Traditional Policing
a. Planning the coordination among district police offices.

b. Briefing the situation from time to time.
c. Organizing meetings with the border police counterpart
d. Supervising.
e. Through projecting crime situation of yesterday and today into tomorrow prediction
can be made concerning how much, when and where is going to happen.
f. Determining the nature, extent and distribution of police problem of crime
g. Apprehending criminal offenders through the study of modus operandi.
h. Control over crimes committed and their investigation.
i. Selecting the best man for particular assignment.
j. Determining the amount, nature and distribution of police equipment.
k. Public Understanding- Informing citizen
l. Public Confidence- Building citizen trust

m. Public Support- Compliance with law and assistance in investigation
2. Community Policing Method
a. Police Community Relation:- (a) to encourage police-citizen partnership in the cause

of crime prevention. (b) to improve communication between police and community.
b. Neighbourhood Crime Prevention.
c. To increase citizens awareness of crime problems.
d. Coordinated neighbourhood approach utilizing specific crime prevention.
e. To encourage prompt reporting of crime or suspicious activities.
f. Joint crime prevention effort aimed at more effective use of police resources and
services consist of:-. (a) Property marking (b) advising residents of security
shortcomings (c) Encouraging Surveillance (d) Extensive publicity of these efforts
Governments must go beyond law enforcement and criminal justice to tackle the risk factors
that cause crime because it is more cost effective and leads to greater social benefits than the
standard ways of responding to crime. The World Health Organization Guide (2004)
complements the World Report on Violence and Health (2002) and the 2003 World Health
Assembly Resolution 56-24 for governments to implement nine recommendations, which were:
1. Create, implement and monitor a national action plan for violence prevention.
2. Enhance capacity for collecting data on violence.
3. Define priorities for, and support research on, the causes, consequences, costs and
prevention of violence.
4. Promote primary prevention responses.
5. Strengthen responses for victims of violence.
6. Integrate violence prevention into social and educational policies, and thereby promote
gender and social equality.
7. Increase collaboration and exchange of information on violence prevention.
8. Promote and monitor adherence to international treaties, laws and other mechanisms to
protect human rights.
9. Seek practical, internationally agreed responses to the global drugs and global arms
trade.
1.3. CRIMES OF THE POWERFUL

1.3.1. ORGANISED CRIME – SMUGGLING, TRAFFIC IN NARCOTICS
Organized Crime:
Organized crime is any enterprise or group of persons engaged in a continuing illegal activity
which has as its primary purpose the generation of profits. Beside the main activities being
illegal under various state and central laws, there are also laws which deal with money
laundering from organized crime activities. It is a category of transnational, national, or local
groupings of highly centralized enterprises run by criminals, who intend to engage in illegal
activity, most commonly for money and profit.
Other organizations—including states, militaries, police forces, and corporations—may

sometimes use organized crime methods to conduct their business, but their powers derive
from their status as formal social institutions. There is a tendency to distinguish organized crime
from other forms of crimes, such as, white-collar crime, financial crimes, political crimes, war
crime, state crimes, and treason. This distinction is not always apparent and the academic
debate is ongoing. In general, Organized Crime means:
1. Crime committed by groups engaged in planned and sustained criminal activities.
2. The people and the groups involved in such criminal activities.
Definitions:
In May 1988, Interpol (the international police information exchange agency) held a conference
to work out an acceptable definition of organised crime. The definition they arrived at
"Any group having a corporate structure whose primary objective is to obtain money
through illegal activities, often surviving on fear and corruption."
In the UK the National Criminal Intelligence Service (NCIS) was the main government agency
concerned with the gathering of information on organised crime. Each year NCIS publishes a
'threat assessment' of organised criminal activity. In recent years NCIS has defined organised
criminals as:
" those involved on a continuing basis, normally working with others, in committing
crimes for substantial profit or gain, for which a person aged 21 or over on first conviction could
expect to be imprisoned for three or more years." (NCIS UK Threat Assessment Report 2005
para 1.1)
Types of Organized Crimes:
According to the Federal Bureau of Investigation (FBI), their main criminal activities are:
 racketeering;
 fraud;
 car theft;
 robbery;
 armed assault;
 drug dealing;
 trafficking in weapons and radioactive material;
 trafficking in human beings and exploitation through prostitution;
 alien smuggling;
 smuggling of precious and antique goods;
 extortion for protection money;
 gambling;
 embezzling from industries and financial institutions upto infiltration and control of
private commercial banks;
 controlling of black markets.
There are different types of organized crimes. For example: Drug Abuse and Drug trafficking,
Smuggling, Money Laundering and Hawala, Terrorism and Narco Terrorism, Contract Killing,
Kidnapping for Ransom, Illegal Immigration etc.,
A. Drug Abuse and Drug Trafficking:
It perhaps the most serious organized crime affecting the country and is truly transnational in
character. India is geographically situated between the countries of Golden Triangle and
Golden Crescent and is a transit point for narcotic drugs produced in these regions to the West.
India also produces a considerable amount of licit opium, part of which also finds place in the
illicit market in different forms. Illicit drug trade in India centres around five major substances,
namely heroin, hashish, opium, cannibas and methagualone. Seizures of cocaine,
amphetamine and LSD are not unknown but are insignificant and rare.
B. Smuggling:
Smuggling, which consists of clandenstine operations leading to unrecorded trade is another

major economic offence. The volume of smuggling depends on the nature of fiscal policies
pursued by the Government. The nature of smuggled items and the quantum thereof is also
determined by the prevailing fiscal policies. India has a vast coast line of about 7,500
kilometers and open borders with Nepal and Bhutan and is prone to large scale suggling of
contraband and other consumable items. Though it is not possible to quantify the value of
contraband goods smuggled into this country, it is possible to have some idea of the extent of
smuggling from the value of contraband seized, even though they may constitute a very small
proportion of the actual smuggling.
1.3.2. WHITE COLLAR CRIME – CORRUPTION IN PUBLIC LIFE

There are certain anti-social activities which the persons of upper strata carry on in course of
their occupation or business. This notion was laid down for the first time in the field of
criminology by Prof. Edwin H Sutherland . He defined white collar crime as “crime committed by
persons of respectability and high social status in course of their occupation”. White-collar
crime was more dangerous to society than ordinary crimes because of greater financial losses
and because of the damage inflicted on public morals.
Examples of it include fraudulent advertisements, infringement of patents, publication of falsified

balance sheet of business, passing of goods, concealment of defects in the commodity for sale
etc.
The report of Santhanam Committee in its findings gave a vivid picture of white-collar crimes
committed by persons of respectability such as businessmen, industrialist, contractors and
suppliers as also the corrupt public officials. The Commission on ‘Prevention of Corruption’ in
its report observed:
“The advance of technological and scientific development is contributing to the emergence of

‘mass society’ with a large rank of file and a small controlling elite, encouraging the growth of
monopolies, the rise of a managerial class and intricate institutional mechanisms. Strict
adherence to high standard of ethical behaviour is necessary for the even and honest
functioning of the new social, political and economic processes. The inability of all sections of
society to appreciate this need in full results in the emergence and growth of white collar and
economic crimes, renders enforcement of the law-s, themselves not sufficiently deterrent, more-
difficult. Tax evasion and avoidance, share-pushing, malpractices in the share market and
administration of companies, monopolistic control, usury, under-invoicing or over-invoicing,
hoarding, profiteering, substandard performance of contracts of constructions and supply,
evasion of economic laws, bribery and corruption, election offences and malpractices are some
examples of white collar crime.”
Corruption is also a well known white-collar crime. It is not limited to the concept of bribes of
illegal gratification taken by public servants. In its wider sense, corruption includes all forms of
dishonest gains in cash, kind or position by persons in government and those associated with
public and political affairs. The two government departments which have been traditionally
notorious for corruptions in the country are those of police and public works.
Remedial Measures:
There are some of the remedial measure to cope the white collar crime in India: Some of them
are summed up as follows:
a) Creating public awareness against these crimes through the media of press and other
audio-visual aids, and legal literacy programmes.
b) Special Tribunals should be constituted to deal these cases.
c) Convictions should result in heavy fines rather than arrest and detention of white-collar
crimes.
d) Public vigilance seems to be corner-stone of anti-white collar crime strategy. Because,
unless people strongly detest such crimes, it will not be difficult to control and regulate
them.
e) There is need for strengthening of morals particularly in the higher level public servants
and civil servants.
f) Further, necessary to evolve sound group norms and service ethics based on the
concepts of absolute honesty and integrity for the sake of national welfare.
1.3.3. SOCIO – ECONOMIC CRIME: ADULTERATION OF FOODS AND

DRUGS; FRADULENT TRADE PRACTICES
Generally, if a food contains a poisonous or deleterious substance that may render it injurious to
health, it is adulterated. An adulterant is a substance found within other substances (e.g., food,
beverages, fuels), although not allowed for legal or other reasons. The addition of adulterants is
called adulteration. An adulterant is distinct from, for example, permitted food additives. There
can be a fine line between adulterant and additive; chicory may be added to coffee to reduce
the cost—this is adulteration if not declared, but may be stated on the label. The term
"contamination” is usually used for the inclusion of unwanted substances due to accident or
negligence rather than intent.
Adulterants added to reduce the amount of expensive product in illicit drugs are called cutting
agents. Deliberate addition of toxic adulterants to food or other products for human consumption
is poisoning.
The Food Safety and Standards Authority of India has been established under the Food Safety
and Standards Act, 2006 as a statutory body for laying down science based standards for
articles of food and regulating manufacturing, processing, distribution, sale and import of food
so as to ensure safe and wholesome food for human consumption.
Various central Acts like Prevention of Food Adulteration Act, 1954 , Fruit Products Order ,
1955, Meat Food Products Order , 1973, Vegetable Oil Products (Control) Order, 1947,Edible
Oils Packaging (Regulation)Order 1988, Solvent Extracted Oil, De- Oiled Meal and Edible Flour
(Control) Order, 1967, Milk and Milk Products Order, 1992 etc will be repealed after
commencement of FSS Act, 2006.
FSSAI has been mandated by the FSS Act, 2006 for performing the following functions:
 Framing of Regulations to lay down the Standards and guidelines in relation to articles of
food and specifying appropriate system of enforcing various standards thus notified.
 Laying down mechanisms and guidelines for accreditation of certification bodies
engaged in certification of food safety management system for food businesses.
 Laying down procedure and guidelines for accreditation of laboratories and notification
of the accredited laboratories.
 To provide scientific advice and technical support to Central Government and State
Governments in the matters of framing the policy and rules in areas which have a direct
or indirect bearing of food safety and nutrition .
 Collect and collate data regarding food consumption, incidence and prevalence of
biological risk, contaminants in food, residues of various, contaminants in foods
products, identification of emerging risks and introduction of rapid alert system.
 Creating an information network across the country so that the public, consumers,
Panchayats etc receive rapid, reliable and objective information about food safety and
issues of concern.
 Provide training programmes for persons who are involved or intend to get involved in
food businesses.
 Contribute to the development of international technical standards for food, sanitary and
phyto-sanitary standards.
 Promote general awareness about food safety and food standards.
Drug Adulteration:
Adulteration it is a practice of substituting the original crude drug partially or fully with other
substances which is either free from or inferior in therapeutic and chemical properties or
addition of low grade or spoiled drugs or entirely different drug similar to that of original drug
substituted with an intention of enhancement of profits. A adulteration may also be defined as
mixing or substituting the original drug material with other spurious, inferior, defective, spoiled,
useless other parts of same or different plant or harmful substances or drug which do not
confirm with the official standards. A drug shall be deemed to be adulterated if it consists, in
whole or in part, of any filthy, putrid or decomposed substance. A treatise published two
centuries ago (in 1820) on adulterations in food and culinary materials is a proof for this practice
as an age-old. Due to adulteration, faith in herbal drugs has declined.
Liability on adulteration of drug:
The manufacture and sale of drugs is a licensed activity under the Drugs and Cosmetics
Act,1940 and the Drugs and Cosmetics Rules, 1945. The licensees are required to comply with
the provisions of the Act, Rules and the condition of the licence granted to them by the licensing
authorities for manufacture and sale of drugs.
The Drugs and Cosmetics Act, 1940 have elaborate provisions to check the production of
spuriouss and substandard drugs in the country. The Act provides elaborate definitions of the
terms spurious, adulterated and misbranded drugs for the purpose of taking penal actions
against the offenders.
The Drugs and Cosmetics Act, 1940,has been recently amended under the Drugs and
Cosmetics (Amendment) Act, 2008 providing very strict penalties for manufacture of spurious
and adulterated drugs.
It is provided that any drug deemed to be adulterated or spurious when used by any person for
or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to
cause his death or is likely to cause such harm on his body as would amount to grievous shall
be punishable with imprisonment for a term which shall not be less than ten years but which
may extend to imprisonment for life and shall also be liable to fine which shall not be less than
ten lakh rupees or three times value of the drugs confiscated, whichever is more.
The fines realized in such cases will be paid to the relative of the deceased or the aggrieved
person.
Any drug deemed to be spurious but not being a drug referred to above shall be punishable
with imprisonment of a term which shall not be less than 7 years but which may extend to
imprisonment for life and with fine which shall not be less than 3 lakh rupees or three times the
value of the drugs confiscated, whichever is more.
Offences relating to sale and manufacture of spurious and adulterated drugs have now been
made cognizable and non bailable. It has been provided that besides an Inspector appointed
under the Act, the person aggrieved or consumer associations, a gazetted officer authorised by
the Government have also been authorised to launch prosecution under the Act.
A provision has been made for especially designated courts for trial of offences under the act. A
provision for compounding of minor offences has also been introduced. Regulatory control over
the manufacture and sale of drugs Regulatory control over the manufacture and sale of drugs is
exercised by the State Licensing Authorities appointed by the State Governments which are
responsible for monitoring the quality.
Fraudulent Trade Practices:
Security and Exchange Board of India (SEBI) has decided to tighten norms for tackling
fraudulent and unfair trade practices so as to hold individuals as well as market entities equally
guilty for manipulations by removing a regulatory lacunae. Sebi is also expanding the list of
activities that attract penal actions under its Prevention of Fraudulent and Unfair Trade
Practices regulations.
The capital markets watchdog is planning to strictly enforce these norms, which cover a wide
array of manipulative activities, such as publishing advertisements with misleading or distorted
information to influence the investors' decision, planting of false or misleading news and
inducing investors to carry out transactions for personal gains,
Economic Offences form a separate category of criminal offences. Economic Offences not only
victimize individuals with pecuniary loss but can also have serious repercussions on the national
economy. Economic offences, such as counterfeiting of currency, financial scams, fraud, money
laundering, etc. are crimes which evoke serious concern and impact on the Nation’s security
and governance
Economic Crimes under (I.P.C.):
The Indian Penal Code contains provisions to check economic crimes such as Bank Fraud,
Insurance fraud, Credit card fraud, stock market manipulation, etc. The local police deal with the
IPC crimes falling under the broad categories of ‘Cheating’ (Section 415-424), ‘Counterfeiting’
(Coins & Stamps Section 230-263A and Currency Section 489A-489E) and ‘Criminal Breach of
Trust’ (Section 405-409).
The term Unfair Trade Practice broadly refers to any fraudulent, deceptive or dishonest trade
practice or business misrepresentation of the products or services that are being sold which is
prohibited by a statute or has been recognised as actionable under law by a judgement of the
court. However, the term does not have a universal standard definition.
At the international level, the World Bank and the Organisation for Economic Cooperation and
Development (OECD) Model Law list the following trade practices to be unfair distribution of
false or misleading information that is capable of harming the business interests of another firm;
Distribution of false or misleading information to consumers, including the distribution of

information lacking a reasonable basis, related to the price, character, method or place of
production, properties, and suitability for use, or quality of goods;
 False or misleading comparison of goods in the process of advertising;

 Fraudulent use of another’s trade mark, firm name, or product labelling or packaging;
and
 Unauthorised receipt, use or dissemination of confidential scientific, technical,
production, business or trade information.
In India, pursuant to the replacement of the Monopolies and Restrictive Trade Practices Act,
1969 (MRTP Act) by the Competition Act, 2002 (the Competition Act), clarity emerged that
UTPs would continue to be dealt under the Consumer Protection Act, 1986(COPRA) which
defines UTPs to mean a trade practice which, for the purpose of promoting the sale, use or
supply of any goods or for the provision of any service, adopts any unfair method or unfair or
deceptive practice, and includes, inter alia the following: making any statement, whether orally
or in writing or by visible representation which falsely represents about goods or services
relating to its standard, quality, price, value, nature, guarantee/warranty, affiliation, sponsorship
received, etc.gives false or misleading facts disparaging the goods, services or trade of another
person;
Permitting the publication of any advertisement for the sale or supply at a bargain price of goods
or services that are not intended to be offered for sale or supply at the bargain price;
Permitting the offering of gifts, prizes or other items with the intention of not providing them as
offered or creating impression that something is being given or offered free of charge when it is
fully or partly covered by the amount charged in the transaction as a whole or conducting any
contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the
sale, use or supply of any product or any business interest;
Withholding from the participants of any scheme offering gifts, prizes or other items free of
charge, on its closure the information about final results of the scheme;
Permitting the hoarding or destruction of goods, or refusing to sell the goods or to make them
available for sale or to provide any service, if such hoarding or destruction or refusal raises or
tends to raise or is intended to raise, the cost of those or other similar goods or services; and
Manufacturing spurious goods or offering such goods for sale or adoption of deceptive practices
in the provision of services.
Since the beginnings of civilization, once commerce develops, adulteration follows. Adulteration,
falsification, substitution, and sophistication of willful intent or wanton neglect have evolved,
along with the trade of one item of value for another item of equal or greater value. In the
context of drugs, loosely defined as substances intended to benefit health or cure disease,
adulteration results in accidental, negligent, or intentional variations in identity, strength, purity,
and expected outcomes from a named or at least implied identity of a drug, even if the standard
of identity was merely an organoleptic (sensory observation) expectation. In modern times (the
past 500 years), adulteration by intent or neglect of defined professional standards is perhaps
even more nefarious. As scientific method or professional expertise usually offers at least the
potential of authentication, falsification generally involves knowingly offering or labeling a
substance.
Substitution may involve offering one substance in place of another more expensive ingredient,
or substituting one substance for another that might not be readily available or available only at
a much higher price. If knowingly offered by both seller and buyer as a “substitute” for another
substance, then the practice may be socially (and economically) acceptable, depending upon
the cultural context.
Sophistication or the use of sophisticate to change the expected nature of a substance or

product may involve premeditated and in some cases elaborate methods to introduce
adulteration and falsification to a substance or product.
1.3.4. CRIMINALITY IN THE PROFESSIONS – MEDICAL, LEGAL,

ENGINEERING
In India, crimes in the professions are so wide spread that it does not confine itself in the
particular arena. Unfortunate instances can be drawn from all professions too, like that of
medical practitioners, legal, engineers, educationalists, businessmen, politicians and the list
goes on. Some of the professions involving technical expertise and skill provide sufficient
opportunities for white collar criminality. With the increasing use of newly developed
technologies in the various spheres of business, commerce and industry, particularly the
computers, the scope of white-collar crime is getting wider; new crimes are emerging and the
commission of certain kinds of pre-existing crimes is being greatly facilitated.
Crimes in Medical Profession:
The majority of the people belonging to the medical profession may not commit criminal or
unethical acts in the course of their profession but still the number of those who violate the
professional and legal norms is not significant. However, dilatory tactics are often adopted by
some of the medical practitionerst in providing treatment to their patients with a menswear to
extract huge amount of money, no matter the person has good practice. Misleading and fake
advertisement claiming absolute cure is also one of the frequent malpractices being carried out
in the medical profession.
The most common instances are
 Carrying out illegal abortions,

 Giving false medical certificates;
 unnecessary prolonged treatment in many cases;
 Secret service to dacoits by giving expert opinion leading to their acquittal;
 illegal and misleading claims of medical cure through advertisements in newspapers,
magazines, radio and television;
 Selling sample-drugs and medicines to patients or chemists; and
 Another widespread violation consists of prescribing medicines which one is not
supposed to having regard to his training or the system of medicine permitted to be
followed by him.
The problem lies in the fact that, they often escape punishment, since they cannot be said to
have violated the letter of law, but, by violating the spirit of law, they commit crimes which are
truly anti-social and creates enormous damage to the public health and safety at large.
Crimes in Legal Profession:
The recent era of Liberalization, Globalization and Privatization (LGP), gave rise to critical legal
intricacies relating to property rights and other legal matters which paved the way for the birth of
a new class of professionals who in the name of providing justice started abetting in the wrong
and thereby pursued their own narrow interest.
Generally legal profession is not a trade or business, it’s a gracious, noble, and decontaminated
profession of the society. Members belonging to this profession should not encourage
deceitfulness and corruption, but they have to strive to secure justice to their clients. The
credibility and reputation of the profession depends upon the manner in which the members of
the profession conduct themselves. Rules and Regulations must be framed to avoid
Professional misconduct of the advocate.
Professional misconduct is the behaviour outside the bounds of what is considered acceptable
or worthy of its membership by the governing body of a profession. Professional misconduct
refers to disgraceful or dishonourable conduct not befitting an advocate. Though such
criminality is found to exist in many countries, the situation in India is further aggravated by the
fact that there are too many lawyers having regard to the work available to them with the result
that all sorts of unscrupulous practices have crept into the profession.
The usual legal and professional violations committed by the lawyers are:
 advising organized criminals;

 aiding in preferring false claims;
 fabricating false evidence.;
 Engaging professional witnesses;
 Violating ethical standards of legal profession;
Crimes in Engineering:
In the engineering profession underhand dealings with contractors and suppliers, passing of
sub-standard works and materials and maintenance of bogus records of work-charged labour
are some of the common examples of white collar crime. we often find instances of underhand
dealing with contractors, suppliers, passing of sub-standard works and maintenance of bogus
reports of the labour works.
They financially earn more for their low grade works from the contractors, than they can earn for
the genuine work. Therefore, many of them, out of the greed of earning more and more, play
dangerously with thousands of lives of the individuals. Scandals of this kind are reported in
newspapers and magazines almost every day. Construction of buildings, roads, canals, dams
and bridges with sub-standered material not only endangers public safety but also results into
huge loss to public exchequer.
1.3.5. CRIMINALITY BY AGENCIES OF THE STATE
There are number of agencies under the government both at central and state level. Some of
them are as:
1.Ministry of Home Affairs;
2. Ministry of agriculture;
3. Ministry of Chemical and Fertilizers:
4.Ministry of Civil Aviation;
5.Ministry of Commerce and Industry;
6.Ministry of Communication and Information Technology;
7.Ministry of Corporate Affairs;
8.Ministry of Defence;
9. Ministry of Finance;
10. Ministry of Home Affairs;
11.Ministry of Social Justice and Empowerment;

12. Ministry of Tribal Affairs;
13. Ministry of Urban Development; and
14.Some Independent Agencies/Bodies etc.,
Law Enforcement Agencies:
Crime control and regulation is the main function of the law enforcement authorities. They play
a dominant role in this regard. Some of them are summed up hereunder:
 Law enforcement in India is performed by numerous law enforcement agencies. Like

many federal nations, the nature of the Constitution of India mandates law and order as
a subject of the state, therefore the bulk of the policing lies with the respective states
and territories of India.
 The central agencies are controlled by the central Government of India. The majority of
federal law enforcement agencies are controlled by the Ministry of Home Affairs.
 The constitution assigns responsibility for maintaining law and order to the states and
territories, and almost all routine policing—including apprehension of criminals—is
carried out by state-level police forces.
 The constitution also permits the central government to participate in police operations
and organisation by authorising the creation of Indian Police Service.
 Central police forces can assist the state's police force, but only if so requested by the
state governments. In practice, the central government has largely observed these
limits.
 The principal national-level organisation concerned with law enforcement is the Ministry
of Home Affairs (MHA), which supervises a large number of government functions and
agencies operated and administered by the central government.
 The ministry is concerned with all matters pertaining to the maintenance of public peace
and order, the staffing and administration of the public services, the delineation of
internal boundaries, and the administration of union territories.
 In addition to managing the Indian Police Service, the Ministry of Home Affairs maintains
several agencies and organisations dealing with police and security. Police in the union
territories comes directly under MHA.
 Each state and union territory of India has a state police force, headed by the
Commissioner of Police (State) or Director General of Police (DGP). Each state is
controlled by the Chief Minister and Home Minister.
 The state police is responsible for maintaining law and order in townships of the state
and the rural areas.
Criminality by agencies of State:
 In criminology, state crime is activity or failures to act that break the state's own
criminal law or public international law.
 For these purposes, Ross (2000b) defines a "state" as the elected and appointed
officials, the bureaucracy, and the institutions, bodies and organisations comprising
the apparatus of the government.
 State is defined under Article 12 of the Constitution of India. According to it, the
state includes the instrumentality or agency and also other authorities.
 Initially, the state was the agency of deterrence, using the threat of punishment as a
utilitarian tool to shape the behaviour of its citizens. Then, it became the mediator,
interpreting society's wishes for conflict resolution.
 Theorists then identified the state as the "victim" in victimless crimes. Now, theorists
are examining the role of the state as one of the possible perpetrators of crime,
whether directly or in the context of state-corporate crime.
 Green & Ward (2004) adopt Max Weber's thesis of a sovereign “state” as claiming a
monopoly on the legitimate use of force.
 Thus, the criteria for determining whether a state is "deviant" will draw on
international norms and standards of behaviour for achieving the state’s usual
operating goals.
 One of those standards will be whether the state respects human rights in the
exercise of its powers.
1.4. PERPETRATORS OF ORDINARY CRIME
1.4.1. The Situational Criminal

In criminology the term situational criminal or offender is used in several meanings, their
common denominator being no typical character of the offense in question for the person
according to some criteria. Martin R. Haskell and Lewis Yablonsky in their classical study, a
situational criminal as opposed to a career criminal, is a person who committed a crime under
certain circumstances, but normally is not inclined to commit crimes and is unlikely to repeat the
offense.
In sex crimes, a situational sex offender is one whose offense is associated with situational
sexual behavior, i.e., sexual behavior different from the person's usual habits.
This term is in an opposition to the preferential offender, whose offense is associated with the
person's preferential behavior. For example, a preferential child molester is exclusively involved
with children, whereas the situational ones are normally engaged in sexual behavior within their
peer group.
Situational Crime Prevention:
Situational crime prevention uses techniques focusing on reducing on the opportunity to commit
a crime. Some of techniques include increasing the difficulty of crime, increasing the risk of
crime, and reducing the rewards of crime.
a) Situational crime prevention (SCP) is a relatively new concept that employs a

preventative approach by focussing on methods to reduce the opportunities for crime.
b) It focuses on the criminal setting and is different from most criminology as it begins with
an examination of the circumstances that allow particular types of crime.
c) By gaining an understanding of these circumstances, mechanisms are then introduced
to change the relevant environments with the aim of reducing the opportunities for
particular crimes.
d) Thus, SCP focuses on crime prevention rather than the punishment or detection of
criminals and its intention is to make criminal activities less appealing to offenders.
e) Hence rather than focus on the criminal, situational crime prevention focuses on the
circumstances that lend themselves to crime commission.
f) Understanding these circumstances leads to the introduction of measures that alter the
environmental factors with the aim of reducing opportunities for criminal behavior.
g) Other aspects of SCP include: a) targeting specific forms of crime e.g. cybercrime b)
aiming to increase the effort and potential risks of crime c) reducing provocative
phenomena.
1.4.2. The Chronic Offender
A chronic offender is a person with multiple criminal convictions spread across

multiple criminal events. Chronic offenders are responsible for a significant fraction of both
property and violent crimes.
a) In general, chronic offenders are associated with committing drug crimes or property
crimes.
b) The root causes of these crimes are often either drug-related, economic-oriented, or
both.
c) Property crimes could include pick-pocketing, petty theft, or burglary and may be
committed to secure money for basic needs or to support a drug habit. Drug crimes may
also be committed for the same reasons.
d) To a smaller extent, chronic offenders also commit public order crimes such as
vagrancy, public intoxication, public indecency and panhandling. Not surprisingly, these
crimes also tie into substance abuse and economic issues.
e) Chronic offenders are responsible for more violent crimes; however, these too are often
drug related.
f) A chronic offender may also commit a violent crime because he is in dire need of a fix,
suffering from withdrawal symptoms, or because his psychological symptoms have
become otherwise unmanageable.
g) Robbery of various types may also be on a chronic offender's record.
1.4.3. CRIMINALITY OF WOMEN
Women criminality includes crime by women. It means they are treated not as victims of crime
but as offenders of crime. Violence by women is collectively, violent acts that are primarily or
exclusively committed by women. It can be fit into several broad categories. These includes
violence carried out by “individuals” as well as “states”. Some of the areas of the criminality of
women are summed up: They are includes:
1. Domestic Violence
2. Cruelty against Husband.
3. Desertion of the Husband;
4. Prostitution;
5. Drugs addiction;
6. Theft, Robberty, Dacoity;
7. Cyber Crimes;
8. Hurt, Grievous Hurt;
9. Murder etc.,
Ingredients of criminal acts by women:
 According to Klein, female crime is the result of physiological or psychological

characteristics of individuals, with little or no recognition being given to the importance of
social-structural factors.
 Freud offered a physiological explanation of female criminality holding that women
criminals suffer from 'masculinity complex'. Normal women exhibit 'normal' feminine
traits but criminal women exhibit perversion of or rebellion against the biologically natural
female role.
 Women crimes are characterised by deceit and double standards. Just as physical
weakness forces a woman to resort to deception.
 Women in the cosmopolitan culture giving them more opportunities for participation in
crime.
 Strained interpersonal relations with husband and other family members, husband's
extra-family relations, deprivation and denial of basic needs of life (like affection,
security, etc.) were the also causes of frustrations and ultimate crimes.
 Most of the thefts committed by women economic compulsions, however, crime
tendencies of women criminality may be by family tensions or 'under-the-roof culture',
self-concept deficiencies and perceptions of lack of opportunity, excessive weight or
other physical problems
Differences between men and women Criminality:
a) Sex differences in crime are differences between men and women as the perpetrators
and/or victims of crime.
b) The scientific study of criminal behaviour under the field of criminology and attempts to
demonstrate a causal relationship between biological factors, in the case sex and
human behaviour under socio-biology etc., are the field of study of gender differences of
criminality.
c) Despite the difficulty to interpret them, crime statistics may provide a way to investigate
such a relationship, whose possible existence would be interesting from a gender
differences perspective.
d) An observable difference in crime rates between men and women might be due to social
and cultural factors, crimes going unreported, or to biological factors (as sociobiological
theories claim). Furthermore, the nature of the crime itself must be considered.
e) Many professionals have offered explanations for this sex difference in crimes. Some
differing explanations include men's evolutionary tendency toward risk and violent
behavior, sex differences in activity, social support, and gender inequality.
f) Some of them like Rowe, Vazsonyi, and Flannery demonstrated that rations of self
reported delinquent acts are higher for men than women across many different actions
thus supporting the fact that men commit more criminal acts than women.
g) Burton found that low levels of self control are associated with criminal activity.
Individual counseling was therefore suggested for crime control, through which errant women
could be drawn back into 'proper' feminine behaviour.
1.4.4. YOUNG OFFENDERS
Youth gangs are generally thought of as too young, too disorganised or both, to be regarded as
forms of organised crime. We hear a lot about young offenders these days, particularly in
Metropolitan and cosmopolitan cities. The young offender groups of teenagers on bikes and
able to obtain and use guns.
Even smaller, loosely organised youth may have some connections with organised crime
A .they may provide services for organised crime groups e.g. as low level drug dealers:
running messages, keeping a lookout for police or other groups invading the 'territory';
B. they can be a source of recruits for organised crime: becoming a more important
professional criminal may be a source of social mobility for more enterprising kids in poor areas
who have been lost to the legitimate economy or the educational system
1.4.5. CRIMINAL GANGS
This type of criminality includes kidnapping, extortion, robbery, vehicle theft, etc. on a large
scale. Gangs are composed of tough and hardened criminals who do not hesitate to kill,
assault, or use violence. They are equipped with modern pistols, bullet-proof vests, cars, etc.
The gang criminals are efficient, disciplined but dangerous. These criminals are recruited from
among ex-convicts, escaped murderers, professional gangsters, and high-powered robbers.
There exist inter-rivalries among most of these gangs. Some of the gangs are also affiliated to
the syndicates, operating on a very large scale.
Some gangs organise activities and furnish brains to individuals and groups engaged in anti-
social activities, taking a cut of the loot or a fixed amount of money for the help rendered. The
gangs float a score of satellites including restaurants, gambling dens, underworld messengers,
women and children, and hangers-on. There is no central legislation to suppress ‘gang activity’
having countrywide applicability.
1.5 SUMMARY
Crime in India exists in various forms. According to many criminologists crime as one among
several forms of deviance, about which there are conflicting theories. Some of them considered
crime a type of anomic behaviour; others characterize it as a more conscious response to social
conditions, to stress, to the breakdown in law enforcement or social order, and to the labelling of
certain behaviour as deviant.
In recent statistics identified the increasing trends in crime have attracted attention from various
quarters. Criminologists have made efforts to look into the causes of the increasing trends in
crime. The rate of urban growth particularly, in the era of globalization trend, has been
considered to be an important factor in stimulating crime.
It is a general principle of criminal law that both the physical act (actus reus) and the guilty mind
(mens rea) must be present at the same time for a crime to have occurred. Along with them, the
Human being and injury to another human being are also essential to constitute a crime. There
is no single cause to any disorder, including crime. They are number of Factors responsible for
the causes of crime in India. Reasons for committing a crime include greed, anger, jealously,
revenge, or pride.
Crime control refers to methods taken to reduce crime in a society. Penology often focuses on
the use of criminal penalties as a means of deterring people from committing crimes and
temporarily or permanently incapacitating those who have already committed crimes from re-
offending. Crime prevention is also widely implemented in some countries, through government
police and, in many cases, private policing methods such as private security and home defence.
General Approaches to control the crime are as follows:
Organized crime is any enterprise or group of persons engaged in a continuing illegal activity
which has as its primary purpose the generation of profits. Beside the main activities being
illegal under various state and central laws, there are also laws which deal with money
laundering from organized crime activities. It is a category of transnational, national, or local
groupings of highly centralized enterprises run by criminals, who intend to engage in illegal
activity, most commonly for money and profit.
There are certain anti-social activities which the persons of upper strata carry on in course of
their occupation or business. This notion was laid down for the first time in the field of
criminology by Prof. Edwin H Sutherland . He defined white collar crime as “crime committed by
persons of respectability and high social status in course of their occupation”. White-collar
crime was more dangerous to society than ordinary crimes because of greater financial losses
and because of the damage inflicted on public morals.
Economic Offences form a separate category of criminal offences. Economic Offences not only
victimize individuals with pecuniary loss but can also have serious repercussions on the national
economy. Economic offences, such as counterfeiting of currency, financial scams, fraud, money
laundering, etc. are crimes which evoke serious concern and impact on the Nation’s security
and governance. Crime control and regulation is the main function of the law enforcement
authorities. They play a dominant role in this regard.
In criminology the term situational criminal or offender is used in several meanings, their
common denominator being no typical character of the offense in question for the person
according to some criteria. Martin R. Haskell and Lewis Yablonsky in their classical study, a
situational criminal as opposed to a career criminal, is a person who committed a crime under
certain circumstances, but normally is not inclined to commit crimes and is unlikely to repeat the
offense.
1.6 TECHNICAL TERMS
Anomic behaviour
Forbidden
Injurious
Actus reus
Mens rea
Penology
Surveillance
Monitor
Violence
Illegal
Conviction
Investigation
Trafficking
1.7 SELF ASSESSMENT QUESTIONS
1.Explaing the nature and extent of crime in India?
2.Define Crime? And explain the crime control system in India?
3. What are the powerful crimes? Explain them?
4.What are treated as White –collar crime? How to control them?
5. What are the Socio-Economic Crimes in India?
6. What are the essential characteristics for the criminality of agencies of the state?
7.Define the Situational Crime? What are the essential ingredients to the Situational Crime?
8. Explain the Criminality of Women? What are the reasons for them?
1.8 REFERENCE BOOKS

1.P. Rajgopal – Violence and Response: A Critique of Indian Criminal Justice System.
2. Katherine S. Williams – Text book on Criminology. Blackstone, London.
3. Krishna Iyer Report on Female Prisoners (1986).
4. Loveland – The Frintiers of Criminality, Sweet and Maxwell.
5. S. Rao – Crime in Our Society.
6. J.M. Sethna, - Society and Criminal, 1980.
LESSON WRITER
Dr. CH. LAKSHMANA RAO

M.A.,M.H.R.M.,M.A.,LL.M.,Ph.D (law)
Assistant Professor
KLU College of Law,
KL University, Guntur, A.P.
Criminology & Penology 2.1 Causes of Criminal Behaviour
CHAPTER – 2
CAUSES OF CRIMINAL BEHAVIOUR

2.0 OBJECTIVE
To Know
The understand of the theoretical approach of criminal behaviour.
The sociological theoretical approach of crime.
The Modern sociological theoretical approach of crime.
The Economic theories and their relevance of criminal behaviour.
The impact of the home, and Electronic Media and press on criminal behaviour.
The Caste and Community impact on criminal behaviour.
The psychological impact on the criminal behaviour.
The different causes of criminal behaviour.
STRUCTURE
2.1. Nature of the problem: Some unscientific theories
2.2. The Constitutional School of Criminology – Lomborso and others.
2.3. Sociological theories Anomies
2.4. Modern Sociological theories
2.5. Economic theories and their relevance
2.6. Environment-home and community influence, urban and rural crimes
2.7. The ghetto, broken homes, the effect of motion pictures, T.V. & press.
2.8. Caste and community tensions: caste and community riots, atrocities.
2.9. Emotional disturbance and other psychological factors
2.10. Multiple causation approach to crime.
2.11 Summary
2.12 Technical Terms
2.14 Reference Books

2.1. NATURE OF THE PROBLEM: SOME UNSCIENTIFIC THEORIES

Various scholars have attempted to build different theories to explain crime systematically.
Some have even tried to modify the existing theories so that different parts of a theory fit
coherently, ironing out inconsistencies and contradictions of position. It is not even uncommon
to adopt different explanations for different types of crime and different categories of offenders.
Thus, white-collar crime is theorized differently from a common thief’s petty property crime.
Female crime is explained differently from male crime. In fact, variability in crime has led some
criminologists to question the search for a single all-embracing theory which will explain all
types of crimes. It may well be that we may not require a single theory no matter how
systematic it may be, to account for all types of crime. Criminological theories indeed differ in
their explanation of crime. Reid has classified theoretical explanations as follows:
1) Classical and positive theories;

2) Physiological, psychiatric and psychological theories; and
3) Sociological theories.
He has further sub-classified the sociological theories in two groups
A. Social structural theories (including Merton’s, Cohen’s, Cloward and Ohlin’s, Matza’s,
Miller’s and Quinney’s theories); and
B. Social process theories (including Sutherland’s and Howard Becker’s theories).
However, the major theoretical explanations of criminal behaviour can be studied under the
following heads.
1) Classical and neo-classical theories;

2) Biological and constitutional theories;
3) Psychological, psychiatric and psycho analytical theories or mental sub
normality, mental illness and psycho pathological explanations;
4) Economic theory;
5) Geographical or topographical theory;
6) Sociological theories or ecological, structural, sub-cultural and social process
theories, and
7) Multiple-factor theory.
2.2. THE CONSTITUTIONAL SCHOOL OF CRIMINOLOGY –

LOMBORSO AND OTHERS
The positivists rejected the concept of ‘free will’ advocated by the classicists and the neo-
classicists and laid emphasis on the doctrine of ‘determinism’. They paved the way for a
philosophy of individualized scientific treatment of criminals, based upon the findings of the
physical and social sciences. Lombroso, Ferri and Garofalo were three major positivists who
laid stress on the physiological incapacity of an individual of the biogenic or hereditary aspects
of criminal behaviour.
Heredity is the parental contribution made through 46 chromosomes. Of these, two determine
sex of the infant and 44 affect other qualities of the body combinations and permutations among
genes determine an infant’s particular genotype, that is, genetic contribution of an organism.
Lombroso, an Italian physician and professor of clinical psychiatry and criminal anthropology,
and described as the “father of criminology”, propounded the theory of evolutionary activism
also called the theory of physical criminal type or theory of born criminals in 1876. He claimed
that:
1) Criminals constitute a distinct ‘born’ type.

2) This type of criminal can be identified by certain physical abnormalities or stigmata or
anomalies such as asymmetrical face, large ears, excessively long arms, flattened nose,
retreating forehead, tufted and crispy hair, insensibility to pain, eye defects and other
physical peculiarities.
3) The stigmata are not the causes of crime but rather the symptoms of atavism (reversion
to a more primitive type) or degeneracy.
4) A person who is the criminal type cannot refrain from committing crime unless he lives
under exceptionally favourite circumstances.
5) Not only criminals differ from non-criminals in physical characteristics but they
(criminals) can also be distinguished according to the type of crime they commit.
Initially Lombroso came out with only one type of criminals, the born criminals, but later on he
identified two other types of criminals too; (criminaloid or occasional criminals, who differed from
born criminals only in degree, and who indulged in crime owing to precipitating factors in
environment, i.e., when they got an opportunity to commit crime), and criminals by passion (who
were in complete contrast with the born criminals in terms of nervous and emotional
sensitiveness, and in motives of crimes such as love or politics).
Although Lombroso obviously emphasized the biological causes of crime, he did not entirely
neglect, as erroneously claimed by many critics, the sociological causes. While going through
his later works, one reaches this obvious conclusion.
Lombroso’s research had serious methodological problems. Of these, Reid has pointed out
four:
1) He depended on collection of facts which were limited to organic factors. Although, he

realized the importance of psychic factors, yet he found them hard to measure.
2) His method was mainly descriptive and not experimental.
3) His generalizations about atavism and degeneracy left a large gap between theory and
fact.
4) His method was largely one of analogy and anecdote, from which he drew his
conclusions. Such a method is unscientific for drawing generalizations.
Charles Goring, an English psychiatrist and philosopher criticized Lombroso’s theory on the
basis of his own study in which he measured the characteristics of 3,000 English convicts and a
large number of non-criminals in 1913. He maintained that there was no such thing as a
‘physical criminal type’. However he himself explained crime on the basis of hereditary factors,
using statistical treatment of facts, or what is called statisico-mathematical method. Goring’s
work was also criticized because:
1) He committed the same errors in statistical analysis for which he had criticized
Lombroso. He measured intelligence not by the available Simon-Binet tests but by his
own impression of the mental ability of criminals;
2) He completely ignored the impact of environment on crime;
3) The sample of non-criminals which included undergraduate university students, inmates
of a hospital, mental patients and soldiers was defective; and
4) He was violently prejudiced against Lombroso.
Garofalo and Ferri had supported Lombroso in his biological school. Garofalo in his book
Criminology talked of physical differences between criminals and non-criminals, but he differed
from Lombroso in the emphasis he (Lombroso) placed on the physical abnormality of the
criminal. Garofalo was not sure whether or not physical abnormality of the criminal was caused
by physiological factors. Rejecting Lombroso’s ‘physical anomaly’, he focused on ‘physical
anomaly’ of the criminal and referred to ‘moral degeneracy’. He admitted that environmental
factors might play a role in individual’s criminality but there was one element (organic
deficiency) in the criminal which was inherited or somehow acquired early in infancy. He did not
believe in the ‘casual’ offender and disagreed with Lombroso in the classification of offenders.
Garofalo himself classified tham as typical criminals (murderers) violent criminals, criminals’
deficient inprobity and lascivious criminals. Garofalo believed that since crime was basically the
result of an inherited organic deficiency, the criminal could not be reformed. He also criticized
the reform plans as suggested by Ferri.
Ferri was another Italian scholar who supported Lombroso’s biological school. He not only
coined the term ‘born criminal’ for Lombroso’ atavistic criminal but he also talked of three other
types:
1) the insane ( who suffers from some clinical form of mental alienation),
2) the habitual (who has acquired the habit of crime, the occasional (who commits
insignificant criminal acts), and
3) the passionate. His classification thus closely parallels that of Lombroso.
Referring to causes of crime, Ferri rejected the classicists, doctrine of free wil and talked of
criminal behaviour as the result of interaction between the personality and the environment of a
man. In order to be a criminal, it is necessary that the individual should face such personal,
physical, and moral conditions and social environment which draw him towards crime.
Ferri believed that crime was primarily caused by society. It can be corrected by making
economic, social and political changes in society, like freedom of emigration, changes in tax
structure (lower tax on necessities and higher tax on luxuries), providing employment
opportunities, cheap houses, electoral reforms, changes in marriage and divorce laws, and so
forth. Ferri was also in favour of penal reforms.
Taking Lombroso’s, Garofalo’s, and Ferri’s views together we may analyse contribution of the
positive schoolo of criminology.
I. First, it placed emphasis on empirical research and use of scientific approach to

the study of criminal behaviour and on reform of the criminal law.
II. Two, it drew attention to the principle of determinism in criminality.
III. Three, it introduced the concept of environment in the study of crime.

IV. Four, it advocated substituting the indeterminate sentence for the definite
sentence.
2.3. SOCIOLOGICAL THEORIES ANOMIES

In 1893, Durkheim proposed that deviant behaviour was a normal adaptation to living within a
society, which was structured by a high division of labour and was based on values of
competitive individualism. He said that a society without deviance was impossible because it
was inconceivable that no person would deviate from the norm or ideal. Moreover, deviance
was not only inevitable but also necessary for the progress of any society. The deviant
behaviour became a new approach to problem and without the introduction of new approaches
to problem solving, society would remain static. The causes of individual deviation were thus
related to the degree of integration and cohesiveness by which society was governed at a
particular time. But Durkheim focused only on one type of deviant behaviour, viz., suicide.
In 1938, Merton used the concept of anomie beyond suicide to all forms of deviance. While
Durkheim believed that aspirations were limitless, Merton argued that they were socially
produced and thus regulated to some extent, but they were socially produced and thus
regulated to some extents, but they could exceed what was obtainable through available
opportunities.
While Durkheim claimed that anomie resulted from a social failure to control and regulate
individual behaviour, Merton proposed that anomie resulted from ‘strains’ in the social structure
that pressurized individuals and encouraged the development of unrealistic aspirations. Anomie
was thus dependent on the interaction between cultural goals—aims that define success and
status in society—and institutionalized means—acceptable methods of achieving such goals.
Merton, reacting against the biological and psychiatric theories (that crime is the results of
inherited traits), first attempted to explain deviant behaviour in 1938 in a paper published in the
American Sociological Review. He further elaborated his thesis in 1949 and 1957 and
distinguished between social and cultural structures. Cultural structure, according to him, refers
to goals and interests men pursue, while social structure refers to means or approved methods
which regulate and control the pursuit of goals and interests. The cultural system of society
enjoins upon all men to strive for goals by means of normatively regulated or approved forms of
behaviour.
However, opportunities to reach these goals through socially approved means are unequally
distributed. Deviant behaviour ensues when social structure restricts or completely closes a
person’s access to the approved modes of reaching these goals. In other words, the disjunction
between goals and means causes strains which in turn leads to a weakening of men’s
commitment to the culturally prescribed goals or institutionalized means, that is, to a state of
anomie. Thus Merton’s thesis is that certain social structures exert pressure on some persons
to engage in non-conformist rather than conformist conduct.
The focus in Merton’s theory is not at all on the individual (criminal) or the act (or crime), but on
the “tensions” which lie not within the individual but between culture and structure. Merton has
identified five modes of adaptation available to those who react to the goals and means of
society: conformity, innovation, ritualism, retreatism and rebellion.
Merton’s theory has been criticized by Alberts Cohen, Marshall Clinard, Lemert, and a few
others. Their main arguments are:
1) Merton theory is incomplete because he has not explained who will reject the goals and
who will reject the means;
2) Only structure has been given importance; an individual’s personality has been ignored;
3) Strains do not necessarily lead to deviant behaviour;
4) The theory neglects the important role of social control;
5) Merton’s assumption that deviant behaviour is disproportionately more common in lower
classes is not correct;
6) Anomie may be the cause rather than the effect of circumscribed life chances;
7) Merton has not explained what the determinants which determine the mode of
adaptation of an individual are;
8) Merton has failed to account for ‘non-utilitarian’ crime and juvenile delinquency in which
people engage only for fun and not to meet specific goals of society;
9) The theory does not take into account social-psychological variables or social structural
elements which might explain adoption of one adaptation over the other by individuals;
10) The theory has not been empirically tested.
2.4. MODERN SCOCIOLOGICAL THEORIES – SUTHERLAND’S

DIFFERENTIAL ASSOCIATION THEORY
Sutherland’s Differential Association Theory:
Sutherland proposed ‘differential association’ theory in 1939 and elaborated it in 1947. Initially
he applied his theory only to ‘systematic criminal behaviour’, but, later on, extending his theory,
he applied it to all criminal behaviour. Sutherland forwarded mainly two explanations for
criminal behaviour; situational and generic or historical. The former explains crime on the basis
of situation that exists at the time of crime, and the latter explains crime on the basis of a
criminal’s life experiences. He himself used the second approach in developing his theory of
criminal behaviour. For example, If a hungry boy comes across a ‘dhaba’ or ‘restaurant’ and
finds the owner absent, he steals a ‘roti’. In thi8s case, the boy steals not because the
restaurant owner was absent and he himself was hungry but because he had learnt earlier that
one could satisfy one’s hunger by stealing things. Thus, it is not the situation which motivates a
person to commit a theft; it is his learnt attitudes and beliefs.
Sutherland’s main thesis “Principles of Criminology”, is that individuals encounter many

inharmonious and inconsistent social influences in their lifetime and many individuals become
involved in contacts with carriers of criminalistic norms and as a consequence become
criminals. He called this process ‘differential association’. The theory of differential association
presented nine prepositions. They are as follows:
1) Criminal behaviour is learnt.

2) It is learnt in interaction with other persons in a process of communication.
3) The principal parts of the learning process (or criminal behaviour) occur within intimate,
small, personal groups.
4) The learning includes techniques of committing crime, and specific direction of motives,
drives, rationalizations, and attitudes.
5) The specific direction (of motives and drives) is learnt from definitions of legal codes as
favorable or unfavorable.
6) A person becomes a criminal or a delinquent because of an excess of definitions
favorable to violation of law over definitions unfavorable to violation of law, i.e., criminal
behaviour is determined in a process of association with those who commit crime. This
is the principle of differential association. Differential association is possible because
society is composed of various groups with varied cultures. Thus cultural conflict is the
underlying cause of differential association. The origin and persistence of culture
conflicts are due to social disorganization.
7) Differential associations may vary in frequency, duration, priority and intensity i.e, the
chance that a person will participate in criminal behaviour is determined roughly by the
frequency and consistency of his contacts with patterns of criminal behaviour.
8) The processes of learning criminal behaviour by association with criminal and non-
criminal patterns are fundamentally the same in form as the processes which result in
lawful behaviour. Individual differences among people in respect of personal
characteristics or social situations cause crime only as they affects differential
association or frequency and consistency of contacts with criminal patters.
9) While criminal behaviour is an expression of general needs and values, it is not
explained by these general needs and values since non-criminal behaviour is an
expression of the same needs and values.
Sutherland’s theory was supported by James Short Jr. on the basis of his study of 176 school
children (126 boys and 50 girls) in 1955. Short measured degree of presumed exposure to
crime and delinquency in the community, frequency, duration, priority and intensity of interaction
with delinquent peers, and knowledge of and association with adult criminals.
Sutherland’s theory, however, has been attacked by many scholars like Sheldon Glueck, Mabel
Elliott, Robert Caldwell, Donald Cressey, Paul Tappan, George Vold, Herbert Bloch, Jeffery
Clarence, Daniel Glasser and others. The major criticism is that it is difficult to empirically test
principles, and measure ‘associations’, priority, intensity, duration and frequency of
relationships. Although Sutherland’s theory has some serious weaknesses, it does have some
merit too. It calls attention to: (a) the importance of social factors, (b) the similarity between the
process of learning criminal behavious and that of learning lawful behaviour, and (c) the fact
that criminality cannot be explained entirely in terms of personality maladjustments.
2.5. ECONOMIC THEORIES AND THEIR RELEVANCE

Some scholars using social-structural have explained crime in terms of the economic structure
of society. They focus on the impact of economic conditions on criminal behaviour. This
explanation holds that a criminal is a product of the economic environment which provides him
his ideals and his goals. It was the Italian scholar Fornasari who talked of the relationship
between crime and poverty in 1894. He maintained that 60 percent of the population of Italy
was poor, and of the total crimes in Italy, 85 percent to 90 per cent criminals belong to this
section of the poor.
Economic system thus provides ‘climate of motivation’ for criminal behaviour. In 1916, a Dutch
scholar Bonger also emphasized relationship between crime and the capitalistic economic
structure. In a capitalistic system man concentrates only on himself and this leads to
selfishness. Man is interested only in producing for himself, especially in producing a surplus
which he can exchange for profit. He is not interested in the needs of others. Capitalism, thus,
breeds social irresponsibility and leads to crime.
A British criminologist Cyril Burt analyzing juvenile delinquency found that 19 per cent juvenile
delinquents belonged to extremely poor families and 37 per cent to poor families. He concluded
that though poverty was an important factor in crime, yet it was not the only factor.
In 1915, William Healy and Augusta Bronner studied 675 juvenile delinquents and found that 5
per cent belonged to the destitute class, 22 per cent to the poor class, and 4 per cent to the
luxury class. Thus, since 73 per cent delinquents belonged to classes which were economically
normal or well-off, poverty cannot be considered to be a very important factor in delinquency.
While Bonger used facilitating approach, Karl Marx used deterministic approach. Marx’s view of
economic determinism affirms that private ownership of property results in poverty which
distinguishes those who own the means of production from those whom they exploit for
economic benefit. The latter turn to crime as a result of this poverty. Thus, though Marx did not
specifically develop a theory of criminal causation but he believed that the economic system
was the sole determinant of crime.
According to Marxian approach, crime is caused by a criminogenic milieu which is created by

the ever-present disparity between effort and reward, emphasis on equal opportunities yet the
unequal reality of a class society, and stress on individual competition yet the handicapped
nature of the race. Such contradictions are hard on the marginalized groups who are denied full
access to consumer society. Thus, the very process which binds the worker to his bench turns
the mind of the unemployed to crime.
The unequal distribution of property and power in capitalism will always result in the privileged
reproducing inequalities of opportunity areas. Thus, according to Marxists, the solution to the
problem of containing crime lies in creating a world where formal and substantive inequalities
disappear.
In India, two studies may be referred to in this context. Tuttonshaw (1947) studied 225 juvenile
delinquents in Puna and found (when the value of a rupee was one rupee in comparison to
seven paise in 1999) that 20 per cent belonged to families whose income was less than Rupees
150 per month (i.e., lower class), 58 per cent belonged to families with an income of Rupees
150-500 per month (i.e., middle class), 12.2 per cent belonged to families with an income of
Rupees 500-1,000 per month (i.e., middle-middle class), 4.8 per cent belonged to families with
an income of Rupees 1,000-2,000 per month (i.e., upper-middle class), and 2.7 per cent
belonged to families whose income was more than Rupees 2,000 per month (i.e., upper class).
This study shows that poverty may not be given undue or excessive importance in crime.
Similarly, Sutherland (1965) has said that “we find more criminals in poor families because it is
easy to locate them; criminals belonging to upper class use their influence and pressures in
escaping arrests and convictions; and reactions of administrators are more biased towards the
upper class people. No wonder, most behavioural scientists reject the theory of economic
determinism in criminal behaviour.
Reid has also said that the problem of defining poverty, the impossibility of isolating other
variables so that poverty can be seen as the cause of criminal behaviour, and the future crime
to decrease when attempts are made to reduce or eradicate poverty, all these create problems
in relating poverty to crime.
2.6. ENVIRONMENT – HOME AND COMMUNITY INFLUENCES URBAN

AND RURAL CRIMES
A poor home is not able to provide economic security to its members. It not only fails to satisfy
the basic needs of members but it also fails to provide security against various exigencies of
life, like accident, illness, unemployment etc. Sometimes, poverty operates directly to produce
criminal activities. A poor person who is not able to provide dowry for his daughter’s marriage
may indulge in embezzlement, accepting bribes or committing fraud, etc.
A child who fails to get pocket money may steal from his father’s purse. A father may steal to
supply his children food, clothing, and other necessities of life. Often poverty operates indirectly
too. A child from a poor family may run away from his home to escape worry, irritability,
desperation and discord of parents and may come to associate with delinquent gangs.
Scholars like Stephan Hurwitz maintain that the great majority of criminals and delinquents
come from poor economic conditions, and the incidence of poverty in the homes of offenders far
exceeds that of the general population.
All sociologists are of the opinion that family exerts a deep influence in the life of an individual.
It not only gratifies an individual’s essential and non-essential needs but it also transmits cultural
values which socialize an individual and train him in survival patterns. However family
situations vary from individual to individual. All individuals may not be able to live in ’normal’
families and experience socializing interpersonal relationships.
Lowell Carr has given six characteristics of a ‘normal family:
1) Structural completeness i.e., presence of both natural parents in the home;

2) Economic security, i.e., reasonable stability of income necessary to maintain health,
working efficiency and morale;
3) Cultural conformity i.e., parents speaking same language, eating same food, following
same customs and holding substantially the same attitudes.
4) Moral conformity i.e, conformity to the mores of the community.
5) Physical and psychological normality, i.d., no member is mentally deficient or deranged
or chronically invalid. And
6) Functional adequacy, i.e., members have harmonious relations with one another and
there is a minimum friction and emotional frustration. Further children are not rejected
by parents, there is a minimum of sibling rivalry, and there is no effort to escape from
reality.
However, it is impossible to find a home with all these characteristics, which does not mean that
there are no ‘normal’ homes at all in our society. What is important is the level or degree of the
presence of these characteristics.
There is a direct link between the abuse of women and child abuse and future delinquent
behaviour. This link is well researched and documented and shows that over 50% of violent
young offenders witnessed wife abuse in the home. Physically abused children are five times
more likely to be violent adults. Sexually abused children are eight times more likely to be
sexually violent as adults. It has been estimated that up to 80% of incarcerated males have
experienced some form of physical or sexual abuse as a child.
Lack of parental supervision, parental rejection and lack of parent-child involvement are
consistent indicators of delinquent behaviour. Parenting that features inconsistent, incoherent,
overly punitive or too permissive methods of discipline also increase the risk of delinquency.
Studies show that unwanted pregnancy create higher risk factors towards criminality.
Ineffective parenting encourages youth to associate with peers who are involved in criminal
activities. At the risk of oversimplifying a complex problem, research suggests that there is a
direct link between dysfunctional parenting and the tendency for the youth to associate with
delinquent peers. As children offenders are less successful in school, have lower attendance
rates and are more likely to leave school early than their peers. Early school leavers
experience many difficulties, the most obvious being unemployment or under-employment.
Canadian studies show that 40% of federal inmates have a learning disability which remained
undetected throughout their childhood.
Many children as well as adults pick up criminal habits from their friends. In many cases,
individuals get support of their peers in committing crimes. Drug trafficking, picking someone’s
pocket, stealing, eve-teasing, etc., are crimes which are learnt as well as committed more in
association with peers.
In rural areas, neighbourhood continues to be a primary group while in urban areas; it is

emerging as a secondary group. Neighbourhood is an important agency of social control and
contributes much to the development of the child. But the neighbourhood also contributes to
crime and delinquency by blocking basic personality needs, fostering anti-social values and
creating sub-cultural conflicts.
2.7, THE GHETTO, BROMKEN HOMES, THE EFFECT OF MOTION

PICTURES,T.V. AND VIDEO, PRESS, etc.
Broken Homes:
The broken home is one in which one parent is absent due to death, divorce, desertion,
separation or imprisonment. The absence of a parent may result in lack of affection, lack of
control and supervision, development of bad habits like smoking, drinking, gambling, etc., falling
into bad company, and so forth. A number of studies have been conducted on the role of
broken homes in juvenile delinquency. The broad conclusion of these studies conducted
between 1939 and 1950 is that 30 to 60 per cent delinquents come from broken homes.
Healy and Bronner’s study of 4,000 juvenile delinquents in two cities in the United States
showed that about 50 per cent had a background of broken homes. Glueck’s study in 1950 of
500 delinquent boys from two correctional institutions and 500 non-delinquent boys showed that
the parents of the delinquent boys employed rather unsuitable methods of discipling their
children; lax, over-strict, or erratic. They were also either indifferent or hostile or used physical
punishment against their children. In their later study in 1962, they also found that the hostility
became reciprocal and children also developed indifference and hostility towards their parents.
In India, Ruttonshaw’s study in Puna, a study conducted in Ahmedabad, and a study conducted
in Varanasi by Manju Kewalramani in 1982 also noted the significant roleof broken homes in
juvenile delinquency. The value of such studies depends upon the comparison of experiment
groups with control groups, i.e., in determining how many non-delinquents belong to broken
homes is compared to delinquents.
Harny Shulman in 1949 is of the opinion that the majority of research studies have shown that
the incidence of broken homes is higher for delinquents than non-delinquents, which suggests
that some relation does exist between delinquency and broken homes. Sutherland (1965),
however, believes that evidence in general indicates that broken home is less important than it
was formerly believed to be.
The effect of Motion Pictures, Press, T.V. and Video:
Movies exert colossal but harmful influence on the young minds. Today’s movies are so full of
sex and violence that the youth easily pick up new values, attitudes and personality traits. On
the one hand, movies create social awareness against evil customs, arouse public opinion
against undesirable social conditions, and stimulate public demand for civic, social and political
reforms, and on the other hand movies provide vicarious experience to the young people,
draining off their tensions and converting their anti-social tendencies into imaginary adventures.
A number of cases are reported in the newspapers where young persons have used the same
techniques of committing crimes as were shown in the movies they had watched. The most
recent example is the case of a boy in Calcutta reported in January 1996 who, along with two of
his accomplices, murdered his parents by using the same methods they had seen in an English
movie a few days earlier. Such cases are often reported from cities like Mumbai, Delhi etc.
However children and young persons from the lower and middle classes are more likely to be
driven towards crime by watching movies rather than those from the upper classes.
Further, already acquired delinquent or criminal tendencies through intimate association with
peers are likely to get more aggravated by watching motion pictures which may not result in the
acquiring of totally new conduct norms. It may also be added that children are more susceptible
to the influence of movies than adults.
The television now faces almost the same charges that were once hurled at the movies. The
English movies, particularly those shown on the cable TV, glamourise life, stimulate desire for a
life of luxury and arouse sexual passion. Both English and Hindi movies as well as serials on
the TV provide new philosophies of life, new ideas of rights and privileges, and fashions in dress
and behaviour. They also teach the adolescents and the youths modern techniques of love-
making and some deviant techniques of achieving things and earning money.
The youth impersonate actors and imitate them in their conduct. Herbert Blumer and Philip
Hauser have also said:
“The motion pictures were found a factor of importance in the delinquent or criminal careers of
about 10 per cent of the male and 25 per cent of the female offenders studied. Movies display
criminal patterns of behaviour, arouse desires for easy money and luxury, suggest questionable
methods for their achievement, induce a spirit of bravado, toughness and adventurousness,
arouse intense sexual desires and invoke day-dreaming of criminal roles.”
2.8. CASTE AND COMMUNITY TENSIONS: CASTE WARDS AND

COMMUNAL RIOTS – THEIR CAUSES AND DEMORALIZING
EFFECTS; ATROCITIES AND AGAINST SCHEDULE CADRES
Caste Violence
As is well known, a large section of the people in the country, the hapless victims of the varna
system variously described as atisudras, Harijans, untouchables, Dalits and now as belonging
to “scheduled Castes”, have been compelled to lead the lives of slaves or worse still, almost of
animals. Only during the last 100 years or so, the national conscience has been aroused to
some extent and efforts of varying degrees and kinds have been made to eliminate the barbaric
thinking and practices which provides the basis for the uncivilized and exploitative phenomenon
of perhaps the worst type ever experienced in any human society.
The contribution of certain social, religious, and political movements and of some individuals
towards the reforms are too well known to be described here. The subsequent legislative
efforts, commencing from 1938 onwards in Bombay and other parts of the country were directed
towards the removal of religious disabilities like entry to and worship in temples.
The fundamental and the most significant change was, however, introduced by the coming into
operation of the Constitution in 1950 which not only abolished ‘untouchability’ but also provide a
large number of safeguards for the well-being of the depressed classes in terms of human
dignity, freedom from exploitation and preferential treatment in employment opportunities.
Besides the ‘untouchables’ other socially, culturally and economically vulnerable people are
from the tribal areas, mostly found in the North-Eastern States, Bihar, Rajasthan, Madhya
Pradesh, Orissa and certain parts of South India. Constitutional Protections and educational
and employment safeguards were also given to them on the same line as the ‘untouchables’.
Causes of Caste Violence:
Various factors generating atrocities against the depressed people have been identified which
may be summed up as given below:
1) Land-related issues and disputes are the most potent source of atrociti9es against S.C.
people. Land reforms laws benefiting the ‘untouchables’, allotment of housing sites,
water and cultivation rights and the use of pastures and common lands are usualloy the
sources of conflicts leading to violence.
2) Indebtedness of s.c. people, generally to the people of the dominant classes, due to
extreme poverty is also a major cause of violence since the repayment of loans in a
large number of cases does not materialize.
3) Refusal to pay minimum legal wages to the s.c. workers and the assertion of their legal
rights by them quite often leads to atrocities on them.
4) Though the attitudes and practices regarding untouchability have changed to a great
extent in cities, caste prejudices are still a stark reality in the rural areas which are
manifested in chaupals and gram panchat affairs, in the services rendered in the tea-
stalls and by barbers and washermen. The feeling of resentment among the privileged
dominant class against manifestation of awareness on the part of the Dalits of their
newly acquired rights leads to frequent violence against them.
5) Bonded labour though abolished by the Bonded Labour System (Abolition) Act, 1976,
has not altered the basic attitudes and practices in rural areas.
6) Rape has been a traditional routine offence committed, almost as a matter of ‘right’ by
the members of some persons of dominant classes on the SC/ST women.
7) In elections of M.P., M.L.A., Local Bodies, the weaker sections are not allowed to
exercise their franchise by the use of force and intimidation by politically-powerful groups
of the upper castes.
8) So far as tribals are concerned the main problems arise out of alienation of land
earmarked for them and the enjoyment of forest wealth; violence quite often erupting as
a result of conflict between the tribals and forest guards.
9) Finally, inaction, indifference, and even hostility on the part of the police also contribute
a great deal towards violence against the SC/ST groups.
Atrocities against SC/STs:
Despite the legislation and also as a reaction to it,violence against the ‘untouchables’ continues
unabated: atrocities are rather on the increase so far as serious offences like murders and
rapes are concerned. The long overdue legislation to specifically deal with the violence and
atrocities against the SC/ST people was eventually enacted in 1989 and enforced from the year
1990, an inevitable course in view of the inadequacies of the earlier legislation. Under the SC
and ST (Prevention of Atrocities) Act, 1989 the following offences have been delineated with
severe punishments to deal with the usual varieties of atrocities.
1) Offences against human dignity like forcing consumption of noxious substances,

dumping waste, stripping, outraging modesty, public humilitation.
2) Economic offences like begar or bonded labour, wrongful occupation or cultivation or
interference with rights over land, premises or water.
3) Intimidating voters to abstain from voting or for voting for a particular candidate.
4) Offences endangering health; fouling water ordinarily used by SC/STs.
5) Placing restrictions on movement or residence like denying right of passage or entry to
public place or forcing to leave place of residence.
6) Giving or fabricating false evidence knowing it might lead to the conviction of an SC or
ST.
7) Mischief by fire or explosive substance to property, house, or temple of scheduled
castes/scheduled tribes.
Communal Riots:
Among all kinds of group violence, Hindu-Muslim violence stands out conspicuously as the most
endemic, vicious and explosive compare to the other forms of occasional violence in the
country. Group violence such as occurs in the context of caste conflicts, trade unions and
student organisations differs from Hindu-Muslim violence in a number of ways, i.e., in terms of
impact on the general population, the magnitude of the areas affected, intensity and duration,
the potential of wide spread conflagration and the opportunities afforded to unscrupulous
politicians and lumpen groups.
Though the first communal riot, for which authentic records are available occurred in 1730 in
Ahmedabad, the regular phenomenon of Hindu-Muslim riots commenced in the third decade of
the present century. This was after an ephemeral and unplrecedented national unity, forged
through the efforts of Mahatma Gandhi and the Muslim leadership of the Khilafat movement,
came to an abrupt end.
Communal politics had earlier been strengthened under the constitutional schemes of 1909 and
1919 as a result of the efforts of the Muslim league made shortly after its inception in the year
1906. Subsequently, Hindu Communal organisations, the Hindu Maha sabha and Rashtrya
Swayam Sevak Sangh came into being to challenge the national role of the Congress party and
advocate Hindu Nationalism. One factor responsible for the riots in the twenties was the
launching of shuddhi and sangathan movements by Hindu organizations countered by the
tabligh movement of muslims.
The escalating violence witnessed in the decades before independence culminated in the
partition riots. The perpetual problem of Hindu-Muslim violence is of a fairly complex nature.
Communal riots occur as a result of the interplay of a number of factors in a given situation.
Any vested interest, along with some other favourable factor, is good enough to generate
communal strife. A number of factors are to be probed to understand the nature of the vested
interests and other supporting causes.
Prevention of Communal riots:
Law can play only a limited role in the prevention and control of communal riots. Much more
depends upon the various administrative, political and some other measures to deal with the
malady.
1) Enhancement of Police Capacity.

2) Operational freedom to the police and local administration, which is of the utmost
importance for the timely and effective control of a rioting situation.
3) Action regarding anti-social elements.
4) Improving the Local Administration.
5) Government and politicians behaviour must be changed.
2.9. EMOTIONAL DISTURBANCE AND OTHER PSYCHOLOGICAL

FACTORS
Every person feels frustrated in many situations in his/her life. Similarly every person is not able
to fulfil all his wishes in life due to various types of blockages faced. But ordinarily the frustrated
persons suppress, sublimate, find substitute satisfaction, resign themselves to fate and come
through wish blockage with a moderate amount of restlessness and discontent. However, some
people become emotionally disturbed or supercharged in the process and come to indulge in
deviant activities.
As a person grows in age, he develops new needs and dependence on more and more persons
for the gratification of these needs. Failure to maintain and continue social relationships for
satisfying these needs makes a person frustrated and disorganized and causes personality
conflicts. The failure to develop social relationships may be caused either by environmental
obstacles like poverty, caste restrictions, lack of education, etc., or personal obstacles like
physical deficiencies, feeble-mindedness, etc.
Personality conflicts are also the result of conflict between two wishes, say, whether to side with
mother or with wife. Supporting one may displease other who may become more nagging. To
escape such behaviour, a person may assault the nagging individual. The assault here is
deviant behaviour which is caused by personality conflict. Some people manage to face such
conflicts realistically by seeking others’ help or through one’s own resources but in a few cases
the conflicts persist and the individual struggles with them through mechanisms like sublimation,
repression, regression, rationalization, day-dreaming, compensation and projection.
As late as the 1950s researchers continued to investigate the relationship of body types to
delinquency and crime. Aside from biological traits indicating a natural tendency toward
criminal activity by some individuals, Lombroso and other early twentieth century researchers
also reasoned that criminal behaviour could be a direct result of psychological disorders. They
believed these mental disorders could be diagnosed and possibly cured. If this was true, then
criminal activity could be considered a disease and the offender could be “cured” through
psychiatric treatment. Research by Lombroso and others also led to the use of expert medical
witnesses in the courtroom during criminal trials.
In 1941 American Psychiatrist Herve Cleckley used the term psychopathy or sociopathy in the
book The Mask of Sanity to describe a form of mental illness. People showing sociopathic traits
were antisocial often destructive and showed little emotion. Such personality disturbances, he
believed could lead to criminal behaviour.
There are many common features in existing psychological theories of offending. Most theories
assume the following:
1) There are consistent individual differences in an underlying construct such as criminal

potential or antisocial personality.
2) Hedonism or the pursuit of pleasure is the main energizing factor.
3) There is internal inhibition of offending through the conscience or some similar
mechanism.
4) Methods of child-rearing used by parents are crucial in developing this conscience in a
social learning process.
5) Where parents provide antisocial models, there can also be learning of antisocial
behavior.
6) The commission of offences in any situation essentially involves a rational decision in
which the likely costs are weighed against the likely benefits; and
7) Iimpulsiveness or a poor ability to take account of and be influenced by the possible
future consequences of offending, is an important factor, often linked to a poor ability to
manipulate abstract concepts.
Future psychological theories of offending need to be more wide-ranging, including biological,

individual, family, peer, school and neighborhood factors, as well as motivational, inhibiting,
decision-making, and learning processes. It is plausible to propose sequential models in which,
for example, neighborhood factors such as social disorganization influence family factors such
as child-rearing, which in turn influence individual factors such as impulsiveness.
2.10. MULTIPLE CAUSATION APPROACH TO CRIME

Early theories of criminal behaviour have been criticized because they emphasized a single
factor as the cause of crime. Factors like inherited physical traits, biological inferiority, feeble-
mindedness, emotional disturbances, or poverty were described as the single cause of crime.
The multiple factor approach in criminology grew out of discrepancies in single factor approach.
Its adherents argued that crime should be understood in terms of varied contributions made by
a variety of factors. The assumption was that crime is the product of many factors-biological,
psychological, economic and social and that different crimes will be the result of different
combinations of factors. Hence, ‘proper’ approach in criminology is an eclectic one
emphasizing identification and analysis of multiple factors.
Scholars who believe in this approach are William Healy, Cyril Burt and Sheldon and Glueck.
On the basis of his study of 1,000 juvenile delinquents, William Healy identified 138 factors and
classified them as psychological, biologi8cal and social-environmental factors in the causation
of delinquency.
Influenced by Healy’s work in the United States, Cyril Burt pursued a similar investigation in
England in 1925. He found no less than 170 factors which he classified into nine major
categories. Sheldon Glueck in his study of 500 delinquents and 500 non-delinquents in 1950
extensively analyzed social background, home-life, physical characteristics, intellectual ability
psychiatric states, emotion and temperament of the respondents and identified social-cultural,
biological, and psychological factors in delinquency. He concluded that while a host of different
factors show associations with delinquency, the major causes of delinquency are “problems in
the home” (parental separation, parental drunkenness, physical or mental ailments, poor home
management, lack of child supervision, little show of affection), and so forth.
The multiple factor approach has been criticized by scholars like, Albert Cohen and many
others. While recognizing that the multiple factor approach made a useful contribution to
criminology through the compilation of factors associated with delinquency, Cohen mainly gave
three arguments against it:
1) The advocates of multiple factor approach have confused a single theory with single
factor explanations. A single theory does not necessarily explain crime in terms of a
single factor. Theories are concerned with ‘variables’ and ‘factors’ and a single theory
usually incorporates a number of different variables.
2) Cohen objected to a major assumption of the multi factor approach, namely that factors
have intrinsic crime-producing qualifies. Factors found statistically associated with crime
are often asserted to cause crime, or to be one cause among others. Each factor is
presumed to carry a fixed amount of criminogenic power. But Cohen argues that not
only the factors have no intrinsic crime-producing qualities but also they should not be
confused with causes. Causal power cannot be assumed on the basis of a discovery
that a certain factor, or combination of factors, shows a statistical association with crime.
3) Many, if not most, multi factor studies talk of ‘evil causes’. The fallacious notion is that
evil consequences (crime) must have evil precedents (biological pathologies, low IQ,
pathological mental states, poor living conditions). Sutherland has also referred to this
argument against explaining crime or any other social problem.
2.11 SUMMARY
Various scholars have attempted to build different theories to explain crime systematically.
Some have even tried to modify the existing theories so that different parts of a theory fit
coherently, ironing out inconsistencies and contradictions of position. It is not even uncommon
to adopt different explanations for different types of crime and different categories of offenders.
The positivists rejected the concept of ‘free will’ advocated by the classicists and the neo-
classicists and laid emphasis on the doctrine of ‘determinism’. They paved the way for a
philosophy of individualized scientific treatment of criminals, based upon the findings of the
physical and social sciences. Lombroso, Ferri and Garofalo were three major positivists who
laid stress on the physiological incapacity of an individual of the biogenic or hereditary aspects
of criminal behaviour.
Heredity is the parental contribution made through 46 chromosomes. Of these, two determine
sex of the infant and 44 affect other qualities of the body combinations and permutations among
genes determine an infant’s particular genotype, that is, genetic contribution of an organism.
Initially Lombroso came out with only one type of criminals, the born criminals, but later on he
identified two other types of criminals too; (criminaloid or occasional criminals, who differed from
born criminals only in degree, and who indulged in crime owing to precipitating factors in
environment, i.e., when they got an opportunity to commit crime), and criminals by passion (who
were in complete contrast with the born criminals in terms of nervous and emotional
sensitiveness, and in motives of crimes such as love or politics).
Although Lombroso obviously emphasized the biological causes of crime, he did not entirely
neglect, as erroneously claimed by many critics, the sociological causes. While going through
his later works, one reaches this obvious conclusion. In 1893, Durkheim proposed that deviant
behaviour was a normal adaptation to living within a society, which was structured by a high
division of labour and was based on values of competitive individualism. He said that a society
without deviance was impossible because it was inconceivable that no person would deviate
from the norm or ideal. Moreover, deviance was not only inevitable but also necessary for the
progress of any society. The deviant behaviour became a new approach to problem and
without the introduction of new approaches to problem solving, society would remain static. The
causes of individual deviation were thus related to the degree of integration and cohesiveness
by which society was governed at a particular time. But Durkheim focused only on one type of
deviant behaviour, viz., and suicide.
In 1915, William Healy and Augusta Bronner studied 675 juvenile delinquents and found that 5
per cent belonged to the destitute class, 22 per cent to the poor class, and 4 per cent to the
luxury class. Thus, since 73 per cent delinquents belonged to classes which were economically
normal or well-off, poverty cannot be considered to be a very important factor in delinquency.
While Bonger used facilitating approach, Karl Marx used deterministic approach. Marx’s view of
economic determinism affirms that private ownership of property results in poverty which
distinguishes those who own the means of production from those whom they exploit for
economic benefit. The latter turn to crime as a result of this poverty. Thus, though Marx did not
specifically develop a theory of criminal causation but he believed that the economic system
was the sole determinant of crime.
According to Marxian approach, crime is caused by a criminogenic milieu which is created by

the ever-present disparity between effort and reward, emphasis on equal opportunities yet the
unequal reality of a class society, and stress on individual competition yet the handicapped
nature of the race. Such contradictions are hard on the marginalized groups who are denied full
access to consumer society. Thus, the very process which binds the worker to his bench turns
the mind of the unemployed to crime.
A poor home is not able to provide economic security to its members. It not only fails to satisfy
the basic needs of members but it also fails to provide security against various exigencies of
life, like accident, illness, unemployment etc. Sometimes, poverty operates directly to produce
criminal activities. A poor person who is not able to provide dowry for his daughter’s marriage
may indulge in embezzlement, accepting bribes or committing fraud, etc. The broken home is
one in which one parent is absent due to death, divorce, desertion, separation or imprisonment.
The absence of a parent may result in lack of affection, lack of control and supervision,
development of bad habits like smoking, drinking, gambling, etc., falling into bad company, and
so forth. A number of studies have been conducted on the role of broken homes in juvenile
delinquency. The broad conclusion of these studies conducted between 1939 and 1950 is that
30 to 60 per cent delinquents come from broken homes.
Early theories of criminal behaviour have been criticized because they emphasized a single
factor as the cause of crime. Factors like inherited physical traits, biological inferiority, feeble-
mindedness, emotional disturbances, or poverty were described as the single cause of crime.
The multiple factor approach in criminology grew out of discrepancies in single factor approach.
Its adherents argued that crime should be understood in terms of varied contributions made by
a variety of factors. The assumption was that crime is the product of many factors-biological,
psychological, economic and social and that different crimes will be the result of different
combinations of factors.
2.12 TECHNICAL TERMS
Biological
Ecological
Genotype
Psychiatry
Abnormality
Offender
Deviant Behaviour
Commitment
Institutional
Criminalistic
Behaviour
Delinquent
Motivation
Criminogienic

1. Describe the nature of the problem of Criminal Behaviour and its theoretical classification of
Reid?
2. Explain Positivists theory by Lomborso in the school of Criminology?
3. What are the essential feature of sociological theories of Anomies?
4. What are the essential ingredients in the Sutherland’s Sociological Theory of Criminal
Behaviour?
5. Explain the Economic Theories and their relevance on Criminal Behaviour?
6. Home and community influences on Criminal Behaviour? Explain?
7. How the Broken Homes, T.V. Press Causes of Criminal Behaviour? Explain?
8. Explain how the Caste and Community riots cause of Criminal Behaviour?
9. Describe Multiple causes of Criminal Behaviour?
2.14 REFERENCE BOOKS

1. Dr. R.G. Parmer – Crime Psychology (with New Concept).
2. Ahmada Siddique – Criminology Problems and Perspectives.
3. Ram Ahuja – Criminology.
4. S. Rao – Crime in our Society.
5. Waslker, N. – Crime and Criminology.
LESSON WRITER
M.A.,M.H.R.M.,M.A.,LL.M.,Ph.D (LAW)
Assistant Professor
College of Law
KL University, Guntur, A.P
Criminology & Penology 3.1 Police and the Criminal Justice
LESSON – 3
POLICE AND THE CRIMINAL JUSTICE
3.0 OBJECTIVES
To Know
The Historical Aspects of the Police System in India.
The Significance of Police System In India.
The Structural Organization of Police system in India.
The Recruitment and Training Process of Police in India.
The powers and Duties of the Police under different Acts.
The procedure of the Police Investigation system in India.
The corruption system in police organization.
The Liabilities of the police for the Custodial Violence.
The highlights of the National Police Commission Report.
STRUCTURE
3.1. The Police system
3.2. Structural Organization of Police at the Centre and the States
3.3. Mode of Recruitment and Training
3.4. Powers and Duties of Police Under the Police Acts, Cr.P.C., and Other Laws
3.5. Arrest, Search and Seizure and Constitutional Imperatives
3.6. Methods of Police Investigation
3.7. Third Degree Methods
3.8. Corruption in Police
3.9. Relationship between Police and Prosecution
3.10. Liability of Police for Custodial Violence
3.11. Police Public Relations
3.12. Selected Aspects of National Police Commission Report.

3.13 Summary
3.14 Technical Terms
POLICE AND THE CRIMINAL JUSTICE

3.1. THE POLICE SYSTEM
Prior to Independence, senior police officers belonging to the Imperial Police (IP) were
appointed by the Secretary of State on the basis of a competitive examination. The first open
civil service examination for admission to the service was held in England in June 1893 and the
ten top candidates were appointed as probationers in the Indian (Imperial) Police. Around 1907,
the Secretary of State's officers were directed to wear the letters "IP" on their epaulettes in
order to distinguish them from the other officers not recruited by the Secretary of State through
examination. In this sense, 1907 could be regarded as the starting point. In 1948, a year after
India gained independence; the Imperial Police was replaced by Indian Police Service (IPS).
The Police force in the country is entrusted with the responsibility of maintenance of public order
and prevention and detection of crimes. Each state and union territory of India has its own
separate police force. Article 246 of the Constitution of India designates the police as a state
subject, which means that the state governments frame the rules and regulations that govern
each police force. These rules and regulations are contained in the police manuals of each state
force.
The Police force in the state is headed by the Director General of Police/Inspector General of
Police. Each State is divided into convenient territorial divisions called ranges and each police
range is under the administrative control of a Deputy Inspector General of Police. A number of
districts constitute the range. District police is further sub-divided into police divisions, circles
and police-stations.
Besides the civil police, states also maintain their own armed police and have separate
intelligence branches, crime branches, etc. Police set-up in big cities like Delhi, Kolkata,
Mumbai, Chennai, Bangalore, Hyderabad, Ahmedabad, Nagpur, Pune, Bhubaneswar-Cuttack
etc. is directly under a Commissioner of Police who enjoys magisterial powers. All senior police
posts in various states are manned by the Indian Police Services (IPS) cadres, recruitment to
which is made on all-India basis.
The Central Government maintains Central Police forces, Intelligence Bureau (IB), Central
Bureau of Investigation (CBI) institutions for training of police officers and forensic science
institutions to assist the state in gathering intelligence, in maintaining law and order, in
investigating special crime cases and in providing training to the senior police officers of the
state governments.
3.2. STRUCTURAL ORGANIZATION OF POLICE AT THE CENTRE AND

THE STATE
Law enforcement in India is broadly based on the British model of policing, but has a far more
complex structure. Unlike in the United Kingdom, senior and chief police officers are not
promoted from the ranks, but are appointed after meeting certain educational requirements and
undergoing a competitive examination. Each state and union territory of India has its own
separate police force. Article 246 of the Constitution of India designates the police as a STATE
SUBJECT, which means that the state governments frame the rules and regulations that govern
force.
In State:
Each state and union territory of India has a state police force, headed by the Commissioner of
Police (State) or Director General of Police (DGP). Each state is controlled by the Chief Minister
and Home Minister. The state police is responsible for maintaining law and order in townships of
the state and the rural areas.
The Police Act of 1861 established the fundamental principles of organisation for police forces
in India, and, with minor modifications, continues in effect. Consequently, although state-level
police forces are separate and may differ in terms of the quality of equipment and resources,
their patterns of organisation and operation are markedly similar.
A Director-general or inspector general, answerable to the home secretary of the state, heads
each state, union territory, or national capital territory police force. Under the inspector general
are a number of police "ranges" composed of three to six districts, headed by deputy inspectors
general. District police headquarters are commanded by superintendents. District
superintendents have wide discretionary powers and are responsible for overseeing
subordinate police stations as well as specialty elements, such as criminal investigation
detachments, equipment storehouses and armouries, and traffic police. Many large districts also
have several assistant district superintendents.
Most preventive police work is carried out by constables assigned to police stations. Depending
on the number of stations there, a district may be subdivided and, in some states, further
divided into police "circles" to facilitate the supervision from district headquarters. Most of the
major metropolitan areas such as New Delhi, Bombay, Calcutta, and Madras have separate
forces headed by commissioners. Police in the states and union territories are assisted by units
of volunteer Home Guards, maintained under guidelines formulated by the Ministry of Home
Affairs.
In most states and territories, police forces are functionally divided into civil (unarmed) police
and armed contingents. The former, staffs police stations, conduct investigations, answer
routine complaints, perform traffic duties, and patrol the streets. They usually carry lathis—
bamboo staffs weighted or tipped with iron.
At all levels, the senior police officers answer to the police chain of command and respond to
the general direction and control of designated civilian officials. In the municipal force, the chain
of command runs directly to the state home secretary rather than to the district superintendent
or district officials.
Working conditions and pay are poor, especially in the lower echelons of the police forces.
Recruits receive only around ₹,9000 per month (about US$150). Opportunities for promotion
are limited because of the system of horizontal entry into higher grades. Allegations of bribery,
attributable to the low pay and poor working conditions, have been widespread.
Since the late 1980s, women have entered in larger numbers into the higher echelons of the
Indian police, mostly through the Indian Police Service system. Women police officers were first
used in 1972, and a number of women hold key positions in various state police organisations.
However, their absolute numbers, regardless of rank, are small. Uniformed and undercover
women police officers have been deployed in New Delhi as the Anti-Eve Teasing Squad, which
combats sexual harassment against women ("Eves"). Several women-only police stations have
also been established in Tamil Nadu to handle sex crimes against women.
In Central:
The central agencies are controlled by the central Government of India The majority of federal
law enforcement agencies are controlled by the Ministry of Home Affairs. The head of each of
the federal law enforcement agencies is always an Indian Police Service (IPS). The constitution
assigns responsibility for maintaining law and order to the states and territories, and almost all
routine policing—including apprehension of criminals—is carried out by state-level police forces.
The constitution also permits the central government to participate in police operations and
organisation by authorising the creation of Indian Police Service.
Central police forces can assist the state's police force, but only if so requested by the state
governments. In practice, the central government has largely observed these limits. During the
Emergency of 1975-77, the constitution was amended (effective 1 February 1976) to permit the
central government to dispatch and deploy its Central Armed Police forces without regard to the
wishes of the states. This action proved unpopular, and the use of the Central Police Forces
was controversial. After the Emergency was lifted, the constitution was amended in December
1978 to make deployment of central Police forces once again dependent on the consent of the
state government.
Ministry of Home Affairs:
The principal national-level organisation concerned with law enforcement is the Ministry of
Home Affairs (MHA), which supervises a large number of government functions and agencies
operated and administered by the central government. The ministry is concerned with all
matters pertaining to the maintenance of public peace and order, the staffing and administration
of the public services, the delineation of internal boundaries, and the administration of union
territories.
In addition to managing the Indian Police Service, the Ministry of Home Affairs maintains
several agencies and organisations dealing with police and security. Police in the union
territories comes directly under MHA. The Central Bureau of Investigation investigates crimes
that might involve public officials or have ramifications for several states.
3.3. MODE OF RECRUITMENT AND TRAINING
IPS officers are recruited from the state police cadres and from the rigorous Civil Services
Examination conducted by Union Public Service Commission every year. Due to an ongoing
shortage of police officers in India, the Ministry of Home Affairs proposed the creation of an
Indian Police Service Limited Competitive Examination to be conducted by UPSC.
The Civil Services Examination has a three-stage competitive selection process. At stage one,
there is an objective type examination called the preliminary exam. This is a qualifying
examination. It consists of a General Studies paper and an aptitude test. Only the candidates
who pass this can appear for the "Main Examination" which consists of nine papers. Each
candidate has to qualify a 2 languages paper and four general studies papers select an optional
subject (two paper). This is followed by an interview.
After selection for the IPS, candidates are allocated to a cadre. There is one cadre in each
Indian state, with the exception of three joint cadres: Assam-Meghalaya, Manipur-Tripura, and
Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT). Two-thirds of the strength of
every cadre is filled directly by IPS officers and the remaining are promoted from the respective
states cadre officers.
Deputy Superintend of Police cadre posts filled by the State Level Public Service Commission
both by the direct recruitment and promotion through the in service cadre. Lower Cadre Police
Selection has conducted by State Government under the Police Recruitment Board.
3.4. POWERS AND DUTIES OF POLICE UNDER THE POLICE ACTS,

CR.P.C. AND OTHER LAWS
Police are one of the most ubiquitous organisations of the society. The policemen, therefore,
happen to be the most visible representatives of the government. The police are expected to be
the most accessible, interactive and dynamic organisation of any society. Their roles, functions
and duties in the society are natural to be varied, and multifarious on the one hand; and
complicated, knotty and complex on the other. Broadly speaking the twin roles, which the police
are expected to play in a society are maintenance of law and maintenance of order. However,
the ramifications of these two duties are numerous, which result in making a large inventory of
duties, functions, powers, roles and responsibilities of the police organisation. The powers and
duties of the police can be summed up as follows:
1) to protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or any kind of attack;
2) to register and investigate all cognizable offences coming to their notice through such
complaints or otherwise, duly supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend offenders, and extend requisite
assistance in the prosecution of offenders;
3) to facilitate orderly movement of people and vehicles, and to control and regulate traffic
on roads and highways;
4) To train, motivate and ensure welfare of police personnel.
5) to uphold and enforce the law impartially, and to protect life, liberty, property, human
rights, and dignity of the members of the public;
6) to promote and preserve public order;
7) to protect internal security, to prevent and control terrorist activities, breaches of

communal harmony, militant activities and other situations affecting Internal Security;
8) To take charge, as a police officer on duty, of all unclaimed property and take action for
their safe custody and disposal in accordance with the procedure prescribed.
9) to prevent crimes, and reduce the opportunities for the commission of crimes through
their own preventive action and measures as well as by aiding and cooperating with
other relevant agencies in implementing due measures for prevention of crimes;
10) to accurately register all complaints brought to them by a complainant or his

representative, in person or received by post, e-mail or other means, and take prompt
follow-up action thereon, after duly acknowledging the receipt of the complaint;
11) to create and maintain a feeling of security in the community, and as far as possible
prevent conflicts and promote amity;
12) to provide, as first responders, all possible help to people in situations arising out of
natural or man-made disasters, and to provide active assistance to other agencies in
relief and rehabilitation measures;
13) to aid individual, who are in danger of physical harm to their person or property, and to
provide necessary help and afford relief to people in distress situations;
14) to collect intelligence relating to matters affecting public peace, and all kind of crimes
including social offences, communalism, extremism, terrorism and other matters relating
to national security, and disseminate the same to all concerned agencies, besides
acting, as appropriate on it themselves.
The statutory basis for the Indian police is the Police Act of 1861 which put the police squarely
under the control of the government. The position has remained the same after Independence.
The old Police Act continues to be law without being replaced by any fresh legislation to fit our
democracy after Independence.
3.5. ARREST, SEARCH AND SEIZURE AND CONSTITUTIONAL

PERSPECTIVES
Search and seizure is a procedure used in many civil law and common law legal systems
whereby police or other authorities and their agents, who suspect that a crime has been
committed, do a search of a person's property and confiscate any relevant evidence to the
crime Some countries have provisions in their constitutions that provide the public with the right
to be free from "unreasonable" search and seizure. This right is generally based on the premise
that everyone is entitled to a reasonable right to privacy.
Section 41, 41A, and 41B of Criminal Procedure Code which govern arrest by police without
warrant. These sections were modified in amendment to CrPC (Criminal Procedure Code) in
2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498a, which
being a cognizable offence didn’t need a warrant for arrest.
Public Order' and `Police' figure as entries 1 and 2 respectively in the State List in the Seventh
Schedule of the Constitution. Each State has, therefore, exclusive power to legislate in regard to
its police system and also has full administrative control over the police in the State. The Central
Government can exercise similar power in regard to `Public Order' and `Police' in the Union
Territories only. Under entry 80 of the Union List, the Centre has powers to extend the
jurisdiction of the members of the police force of one State to another State, but it can be done
only with the consent of the latter State.
Under entry 2A of the Union List, the Central Government has power to deploy any armed force
of the Union or any other force subject to the control of the Union or any unit thereof in any
State in aid of civil power. Powers under this entry are invoked only in a serious emergency
when the civil authorities in a State request the assistance of the armed forces of the Union for
maintaining public order.
Entry 8 of the Union List mentions `Central Bureau of Intelligence and Investigation'. Acting
under this entry, the Central Government runs the Intelligence Bureau and the Central Bureau
of Investigation under its full administrative control and direction. While officers of the
Intelligence Bureau have no police powers and are solely concerned with collection and
analysis of intelligence relating to national security, officers of the Central Bureau of
Investigation exercise police powers to make regular inquiries and open investigations into
certain specified offences, notified by the Central Government.
3.6. METHODS OF POLICE INVESTIGATION

Investigation is a very important part of any criminal proceeding and we have seen that all
through the development of criminal administration system many newer methods of
investigation have evolved. The search for effective aids to interrogation is probably as old as
man’s need to obtain information from an uncooperative source and as persistent as his
impatience to shortcut any tortuous path. Investigation is one of the main and essential parts of
Criminal Justice System.
Investigation is a preliminary stage conducted by the police and usually starts after the
recording of a First Information Report (FIR) in the police station. If the officer-in-charge of a
police station suspects the commission of an offence, from statement of FIR or when the
magistrate directs or otherwise, the officer or any subordinate officer is duty-bound to proceed
to the spot to investigate facts and circumstances of the case and if necessary, takes measures
for the discovery and arrest of the offender.
Investigation primarily consists of ascertaining facts and circumstances of the case. It includes
all the efforts of a police officer for collection of evidence: proceeding to the spot;
The CrPC contains elaborate details about the procedure to be followed in every investigation,
inquiry and trial, for every offence under the Indian Penal Code or under any other law. It
divides the procedure to be followed for administration of criminal justice into three stages:
namely investigation, inquiry and trial. The Code of Criminal Procedure is the main legislation
on procedure for administration of substantive criminal law in India. It was enacted in 1973 and
came into force on 1st April, 1974. Cr.P.C provides the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence, determination of guilt or innocence
of the accused person and the determination of punishment of the guilty.
1) Section 2 (h) defines investigation as all the proceedings under the code for the
collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf.
2) After receiving the information about any offence the process of investigation starts,
Section 154 (3) provides about the investigation in cognizable offences as under Section
154 information in cognizable cases.
3) Any person aggrieved by a refusal on the part of an officer in charge of a police station
to record the information referred to in sub section (1) may send the substance of such
information, in writing and by post, to the Superintendent of Police concerned who, if
satisfied that such information discloses the commission of cognizable offence, shall
either investigate the case himself or direct an investigation to be made by any police
officer subordinate to him in the manner provided by this code and such officer shall
have all the powers of an officer in charge of the police station in relation to that offence.
4) Section 155 (3) explains about the investigation in non-cognizable offences as under
section 155. Information as to non-cognizable cases and investigation of such cases.
5) Any police officer receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer in charge of a
police station may exercises in a cognizable cases.
3.7. THIRD DEGREE METHODS

The term may have been coined by Richard H. Sylvester, the Chief of Police for Washington
D.C. He divided police procedures into the arrest as the first degree, transportation to jail as the
second degree, and interrogation as the third degree
Custodial torture ranging from assault of various types to death by the police for extortion of
confessions and imputation of evidence are not uncommon. Such a method of investigation and
detection of a crime, in the backdrop of expanding idea of ‘humane’ administration of criminal
justice, not only disregards human rights of an individual and thereby undermines his dignity but
also exposes him to unwarranted violence and torture by those who are expected to ‘protect’
him.
Custodial torture is universally held as one of the cruellest forms of human rights abuse. The
Constitution of India, the National Human Rights Commission, the Supreme Court of India forbid
it. But the police across the country defy these institutions.
In India where rule of law is inherent in each and every action and right to life and liberty is
prized fundamental right adorning highest place amongst all important fundamental rights,
instances of torture and using third degree methods upon suspects during illegal detention and
police remand casts a slur on the very system of administration.
Human rights take a back seat in this depressing scenario. Torture in custody is at present
treated as an inevitable part of investigation. Investigators retain the wrong notion that if enough
pressure is applied then the accused will confess. The former Supreme Court judge, V.R.
Krishna Iyer, has said that custodial torture is worse than terrorism because the authority of the
State is behind it.
There are two approaches with respect to the remedies provided against custodial torture and
subsequent death as well. There are Certain provisions of Law deals with this aspect:
1) Article 32 of the Constitution of India provides the party can go to the supreme court for
the illegal detention by police.
2) Article 20 provides primarily gives a person the rights against conviction of offences.
These includes the principle of non-retroactivity of penal law i.e. ex-post facto laws.
3) Article 21 of the Constitution deals with right to life including life with dignity and personal
liberty. It includes a guarantee against torture and assault even by the state and its
functionaries to a person who is taken in custody.
4) Article 22 of the Constitution provides for the rights of the arrested person. It includes
being informed of the grounds of arrest, tobe defended by a legal practitioner of his
choice, preventive detention laws and production before the nearest Magistrate within 24
hours of arrest of the person.
5) Section 25 of the Indian Evidence Act provides that a confession to police officer cannot
be proved as against a person accused of any offence and confession caused by threats
from a person in authority in order to avoid any evil of a temporal nature would be
irrelevant in criminal proceedings as inter-alia, provided in Section 24.
6) Sections 46 and 49 of the Criminal Procedure Code Provides that those under custody
from torture who are not accused of an offence punishable with death or imprisonment
for life and also during escape. Section 50 to 56 are in consonance with Article 22.
7) Another significant provision with respect to custodial torture leading to deaths is Sec.
176 of the Criminal Procedure Code where a compulsory magisterial inquiry is to take
place on death of an accused caused in police custody.
8) Sections 167 and 309 of the Code have the object of bringing the accused persons
before the court and so safeguard their rights and interests as the detention is under
their authorisation.
9) Sections 7 and 29 of the Indian Police Act provides for dismissal, penalty or
suspension of police officers who are negligent in the discharge of their
duties or unfit to perform the same.
10) Sections 330, 331, 342 and 348 of the IPC have ostensibly been designed to deter a
police officer, who is empowered to arrest a person and to interrogate him during
investigation of an offence from resorting to third degree methods causing ‘torture’.
Recommendations of the National Police Commission
 Surprised visits by senior officers to police stations to detect persons held in illegal
custody and subjected to ill treatment
 The magistrate should be required by rules to question the arrested person if he has any
complaint of ill treatment by the police and in case of complaint should get him medically
examined.
 There should be a mandatory judicial inquiry in cases of death or grievous hurt caused
while in police custody
 Police performance should not be evaluated on the basis of crime statistics or number of
cases solved.
 Training institutions should develop scientific interrogation techniques and impart
effective instructions to trainees in this regard.
3.8. CORRUPTION IN POLICE

Corruption in India is a major issue that adversely affects its economy. The causes of corruption
in India include excessive regulations, complicated taxes and licensing systems, numerous
government departments each with opaque bureaucracy and discretionary powers
There are significant variations in level of corruption as well as in state government efforts to
reduce corruption across India.
Police corruption is a form of police misconduct in which law enforcement officers break their
social contract and abuse their power for personal or department gain. This type of corruption
can involve only one officer, or it can involve a group of officers in a coordinated effort. Internal
police corruption is a challenge to public trust, cohesion of departmental policies, human rights
and legal violations involving serious consequences. Police corruption can take many forms.
Types of corruption:
A. Soliciting or accepting bribes in exchange for not reporting organized drug or prostitution
rings or other illegal activities and violations of law, county and city ordinances and state
and federal laws.
B. Flouting the police code of conduct in order to secure convictions of civilians and
suspects – for example, through the use of falsified evidence. There are also situations
where law enforcement officers may deliberately and systematically participate in
organized crimes themselves.
Corrupt act by police officers:
Police Officers have several opportunities to gain personally from their status and authority as
law enforcement officers. in the early 1970s, divided corrupt officers into two types: meat-eaters,
who "aggressively misuse their police powers for personal gain", and grass-eaters, who "simply
accept the payoffs that the happenstances of police work throw their way."
1) Corrupt of authority:, when police officers receive free drinks, meals, and other
gratuities, whether intentionally or unintentionally they convey an image of corruption.
2) Theft and Burglary: is when an officer of department steals from an arrest and crime
victims or copses.
3) Fixing undermining criminal prosecutions by withholding evidence or failing to appear at
judicial hearings, for bribery or as a personal favour.
4) Direct Criminal Activities: A law enforcement officer engages in criminal activity
themselves.
5) Ticket fixing: police officers cancelling traffic tickets as a favour to the friends and family
of other police officers.
6) Demanding or receiving payment for criminal offense:, to overlook a crime or a possible
future crime. Types of bribery are protection for illegal activities, ticket fixing, altering
testimony, destroying evidence, and selling criminal information. Bribery is one of the
most common acts of corruption.
7) Shakedowns: can be classified under theft and burglary. Stealing items for personal use
from a crime scene or an arrest.
8) Perjury: Lying to protect other officers or oneself in a court of law or a department
investigation.
9) Internal Payoffs: prerogatives and prerequisites of law enforcement organizations, such
as shifts and holidays, being bought and sold.
10) The frame up the planting or adding to evidence, especially in drug cases.
3.9. RELATIONSHIP BETWEEN POLICE AND PROSECUTION

An ideal Prosecutor must consider herself/himself as an agent of justice. In India, we have a
public prosecutor who acts in accordance with the directions of the judge. Normally, the control
of entire trial is in the hands of the trial judge. Investigation is the prerogative of the police.
However, it is generally believed that traditional right of nulle prosequi is available to the
prosecutor. The public prosecutor in India does not seem to be an advocate of the state in the
sense that the prosecutor has to seek conviction at any cost. The prosecutor must be impartial,
fair and truthful, not only as a public executive but also because the prosecutor belongs to the
honourable profession of law, the ethics of which demand these qualities. The relation between
police and prosecutor: The role of the Prosecutor while discharging his duties he has also
relationship with the police.
1) The role of the prosecutor is not to single-mindedly seek a conviction regardless of the
evidence but his fundamental duty is to ensure that justice is delivering.
2) The role and responsibilities of the prosecutor:
3) The ideal public prosecutor isnot concerned with securing convictions, or with satisfying
departments of the State Governments with which he has been in contact.
4) He must consider himself as an agent of Justice.
5) The duty of a public prosecutor is not to represent any particular party, but the State.
6) The Public Prosecutor should not by statement aggravate the case against the accused,
orkeep back a witness because his evidence may weaken the case for prosecution.
7) The aim of the public prosecutor should be to aid the court in discovering the truth.
8) The prosecutor should avoid any proceedings likely to intimidate or unduly influence
witnesses on either side.
9) The duty of the public prosecutor is to represent the State.
10) The prosecutor is not a part of the investigating agency but is an statutory authority
appointed by the state under the Criminal Procedure Code, 1973.
11) The prosecutor should discharge his duties fairly and fearlessly and with full sense of
responsibility. The public prosecutor cannot appear on behalf of the accused.
12) It is the prosecutor duty to present the truth before the court.
13) The Police cannot order the Public Prosecutor to move for the withdraw.
14) He cannot order the prosecutor to move for the withdraw, although it may be open to the
district magistrate to bring to the notice of the prosecutor materials and suggest to him to
consider whether the prosecution should be withdrawn or not.
In this context, section 321 of the CrPC is also relevant. As already mentioned, it permits
withdrawal from prosecution by the public prosecutor or assistant public prosecutor in charge of
a case with the consent of the court at any time before the judgment is pronounced. This power
of the public prosecutor in charge of case is derived from the statute and must be exercised in
the interest of the administration of justice. There can be no doubt that this function of the public
prosecutor relates to a public purpose entrusting the officer with the responsibility of so acting
only in the interest of administration of justice.
3.10. LIABILITY OF POLICE FOR CUSTODIAL VIOLENCE

Enjoyment of the basic human rights are the entitlement of every citizen, and their protection the
obligation of every civilised State. They are inherent in and essential to the structure of society.
They do not depend on the legal or constitutional form in which they are declared. It is an
obligation of the State to ensure that there is no infringement of the indefeasible rights of a
citizen to life, except in accordance with law, while the citizen is in its custody.
State is duty bound to protect the fundamental rights of the persons lodged in prison. Infliction of
injuries on the person in custody amounts to violating his fundamental right under Art.21 of the
Constitution of India. State is responsible for the tortuous acts of its employees. The State must
be held responsible for the unlawful acts of its officers and it must repair the damage done to
the citizens by its officers for violating their indivisible fundamental right of personal liberty
without any authority of law in an absolutely high-handed manner.
 Where the Constitutional right is one guaranteed by the State, it is against the State that
the remedy must be sought if there has been a failure to discharge the constitution
obligation imposed.
 When a person facing threat from any persons is arrested and put in prison, the State
should take effective measures to protect him in prison from his enemies. In case he is
murdered by his enemies inside the prison, the State is liable to pay compensation to his
family members.
 When the information is regarding the commission of cognizable offences by the police
officials, including the said Sub-Inspector's own higher officials it is the duty of the officer
in charge of the police station to register the case. No Police Standing Order prevents
him from doing so.
 There is no different procedure for the investigation and prosecution of offence

committed by police officers in connection with their relations with the public.
 A Court of law cannot close its consciousness and aliveness to stark realities.
 Mere acquittal of the police personnel in the criminal case will not absolve the
responsibility of the State Government in paying compensation for the atrocities
committed and custodial violence caused against the citizen. For the custodial violence
the aggrieved party is entitled to compensation notonly under the principles of strict
liability but also on absolute liability.
 Difficulty of proving of the custodial violence in police custody: Police officers alone, and
none else, can give evidence as regards the circumstances in which a person in their
custody comes to receive injuries while in their custody. Bound by ties of a kind of
brotherhood, they often prefer to remain silent in such situations and when they choose
to speak, they put their own gloss upon facts and pervert the truth. The result is that
persons ,on whom atrocities are perpetrated by the police in the sanctum sanctorum
of the police station, are left without any evidence to prove who the offenders are.
 Cases where violation of Article 21 involving custodial death or torture is established or

is incontrovertible stand on a different footing when compared to cases where such
violation is doubtful or not established. Where there is no independent evidence of
custodial torture and where there is neither medical evidence about any injury or
disability, resulting from custodial torture, nor any mark/scar, it may not be prudent to
accept claims of human right violation, by persons having criminal records in a routine
manner for awarding compensation.
 The courts are required to have a change in their outlook approach, appreciation and
attitude, particularly in cases involving custodial crimes and they should exhibit more
sensitivity and adopt a realistic rather than a narrow technical approach, while dealing
with the cases of custodial crime so that as far as possible within their powers, the truth
is found and guilty should not escape so that the victim of the crime has the satisfaction
that ultimately the majesty of law has prevailed.
The courts must deal with such cases in a realistic manner and with the sensitivity which they
deserve, otherwise the common man may lose faith inthe judiciary itself, which will be a sad
day.
3.11. POLICE PUBLIC RELATIONS

The word police is taken from Latin according to it “Police” means “Society” it gives the identity
of quality of the group such as P for Politeness, O for Obedience, L for Loyalty, I for Integrity, C
for Courage and E for Efficiency.
As in India there has always been a gap between people and police relationship. People in India
are not that much aware about their rights and what kind of helps the can avail from police
department, hence in many cases it has been seen that the proper channel of investigation into
vital matters was lacking only because people don’t have that much trust on police
administration. But now with passing time and modernization of India people are getting aware
of there rights and other services. That’s especially seen in Indian metros where there has been
lot of improvements in police practices and there work scenario has also improved. Now most of
police departments have gone online with changing technology trends.
In Police -Public Relations our basic task and objective is to enhance the quality of police
cooperation with the public. Public relations are an inseparable part of police work. They keep
the public informed about matters from its sphere of activity, unless by doing so it would
prejudice its own work or justified benefits of others.
1) Should take initiatives to gain public confidence, and improve public relations.
2) Imparting training to officials for effective public dealing.
3) To enhance the quality of police co-operation with the public.
4) To create a new climate in the police organization.
5) To change the style of police & the police stations to be furnished.
6) To provide a separate reception room for visitors.
7) To provide facilities for drinking water, tea, coffee, etc.
8) To help and do well to the people in distress, and to the weaker and oppressed sections
of society.
9) To emphasize a good police -public relationship imperatively.
10) To co-operate in the day-to-day functioning of policeman to make it more effective and
meaningful.
11) To create wholesome situation for participation of the public as are acceptable to
society.
12) To make it clear that the police public friendly relations are beneficial to both of them.
13) To suggest remedies and proposals through the collected data and through conclusion.
14) To improve the radical change required for police -public relation.
Community Policing:
Community policing has over the last four decades developed into a widely accepted method for
police to engage the public. It is now being used extensively in diverse countries. This will also
develop the cordial relationship with the public by police. The aim of this programme is to
prevent crime, by involving the public in police activities. According to United Nations
standards, there should be 270-280 police personnel for every one lakh citizens. In India, it
ranges between 150-200 personnel per lakh. This figure is alarmingly low. The problem lies in
the fact that the police are out of resources and hence a need for a programme like this
becomes imperative.
According to Tapan “Prospect of Community Policing: an Indian Approach”
1) Community Policing is a new philosophy that envisages police community interaction in

such a way that creative solutions for various problems of the community can be found
out and implemented through closer interaction with the community.
2) It is a philosophy that beliefs that only by working together will people and police be able
to improve the quality of life in the community.
3) It tries to involves arrange citizen in the process of policing themselves of the police
service;
4) It can be called policing of the people, by the people and for the people.
5) The community policing mean many things to many people.
6) According to Herman Goldstein the main elements of community police includes:
7) Increased police-citizen accessibility.
8) Use of problem-oriented approaches in policing;

9) Aggressive and/or punitive order, maintenance strategies requiring police intervention
without a specific complaint;
10) Increasing contact between police and community organizations.
3.12. NATIONAL POLICE COMMISSION REPORT

The need for reform of police in India has been long recognised. There has been almost 30
years of debate and discussion by government created committees and commissions on the
way forward for police reform, but India remains saddled with an outdated and old-fashioned
law. Many committees on police reforms have recommended major reforms in the police
system coupled with systematic accountability
1. National Police Commission (1977-81)
2. Ribeiro Committee (1998-99).
3. Padmanabhaiah Committee (2000).
4. Malimath Committee (2003).
5. Soli Sorabjee Committee (2005).
6. Superme Court Intervention in 2006.
National Police Commission:
National Police Commission was the first committee set up by the Indian government on
November 15, 1977 to report on policing. The Commission consisted of Mr. Dharam Vira (retired
Governor) as Chairman, Mr. N.K. Reddy (retired Judge, Madras High Court), Mr. K.F. Rustamjee (ex
Director General of the Border Security Force and Special Secretary, Home Ministry), Mr. N.S. Saxena
(ex Director General of the CRPF and Member UPSC), Mr. M.S Gore (Professor, Tata Institute of Social
Sciences, Bombay) as members, and Mr C.V Narasimhan (Director of the Central Bureau of
Investigation) as Member Secretary. The National Police Commission began sitting in 1979, in the
context of a post-Emergency India, and produced eight reports, including a Model Police Act,
between 1979 and 1981.
The National Police Commission began sitting in 1979, in the context of a post-Emergency
India, and produced eight reports, including a Model Police Act, between 1979 and 1981.
The Commission was asked to make a comprehensive review at the national level of the police
system, in the context of the far-reaching changes that had taken place in the country after the
enactment of the Indian Police Act 1861, the report of the last Police Commission of 1902, and
particularly those which had taken place since Independence. The following recommendations
have been summed up from different reports of the National Police Commission:
First Report:
The Commission therefore suggested arrangements, which would include inquiries conducted
by departmental authorities and those conducted by an independent authority outside the
police. The Commission felt that a large number of complaints against police should be looked
into and disposed off by the supervisory ranks in the police hierarchy.
The Commission however recommended that a judicial inquiry should be made mandatory in
the following categories of complaints against the police:
 alleged rape of a woman in police custody;

 death or grievous hurt caused while in police custody; and
 death of two or more persons resulting from police firing in the dispersal of unlawful
assemblies.
The judicial inquiry should be held by an Additional Session's Judge nominated for this purpose
in every district by State Government in consultation with the High Court. He will be designated
as the District Inquiry Authority (DIA) and be assisted by an assessor. The DIA shall send the
report of the inquiry to the State Government. It will be mandatory on the part of the government
to publish the report and make a decision within two months of receipt of the report.
SECOND REPORT:
1.Appointment of Criminal Justice Commission: According to the NPC, the police cannot
achieve complete success in their work unless all wings of the criminal justice system operate
with simultaneous efficiency. It is therefore necessary to set up a body, which would
comprehensively monitor the performance of all agencies and apply corrective measures from
time to time.
2.Role of Police: The basic role of the police is to function as a law enforcement agency and
render impartial service to law, without any heed to wishes, indications or desires expressed by
the government which either come in conflict with, or do not conform to the provisions contained
in the constitution or laws. This should be spelt out in the Police Act.
3.Political Interference in police work: The Commission recommended that the superintendence
of the state government over the police should be limited to ensure that police performance is in
strict accordance with law.
4. The chief of police should be assured of a fixed tenure of office.
5. The head of the police force should be selected from a panel of three IPS officers of that
state cadre. The panel should be prepared by a committee headed by the Chairman of the
Union Public Service Commission.
THIRD REPORT:
1. The NPC has recommended the establishment of special investigation cell in the police
department at the State level to monitor the progress of investigation of cases under the
Protection of Civil Rights Act or other atrocities against Scheduled Castes and Tribes.
2.Posting of Officers: The postings of officers in charge of police stations should be the
exclusive responsibility of the district Superintendent of Police. The Chief of Police should be
exclusively responsible for selecting and posting Superintendents of Police in charge of districts.
3. The NPC also recommended that sections 2(c) and 2(1) of the Code of Criminal Procedure
should be amended to remove the emphasis on arrest in the definition of cognisable and non-
cognisable offences and section 170 of the Code of Criminal Procedure should be amended to
remove the impression that it is mandatory to make an arrest in non-bailable cases.
4. No person shall be handcuffed who, by reason of age, sex or infirmity can be kept in custody
without handcuffs. No person arrested on a bailable offence shall be handcuffed, unless for
some special reasons, it is believed that he is likely to escape. Whenever any accused is
handcuffed, the fact and reasons should be stated in the Sentry Relief Book.
5. It recommended that police stations should be provided with an adequate imprest amount to
meet the contingent expenditure in day-to-day work. Adequate funds should be provided at
station level to eliminate causes of corruption, which often engulf even the honest officers.
FOURT REPORT:
1. The NPC has recommended an important amendment to Section 154 Cr.P.C. which would
make it incumbent on a police station to register an FIR whether or not the crime has taken
place in its jurisdiction and then transfer the FIR to the concerned police station, if necessary.
2. The examination of witnesses should be conducted as far as practicable near the scene of
offence or at the residence of witnesses concerned at some convenient place nearby.
3. the Commission has suggested an arrangement in which the investigating officer can record
the facts as ascertained by him on examination of a witness. This statement of facts can be in
third person in the language of the investigating officer himself and a copy of the statement
should be handed over to the witness under acknowledgement.
4. NPC has recommended a change in the existing provisions in law to facilitate early return of
the recovered property to the victims concerned even at the stage of investigation, protected by
appropriate bonds for their safe retention and later production in court.
5. The NPC has recommended a new section 50-A in Chapter V of Cr.P.C. requiring the police
to give intimation about the arrest of a person to anyone who may reasonably be named by him
to avoid agonising suspense to the members of his family about his whereabouts.
6. It recommended the use of Third Degree Methods by police.
7. The allowances payable to witnesses for their attendance in court should be fixed on a
realistic basis and their payment should be effected through a simple procedure, which should
avoid delay and inconvenience.
FIFTH REPORT:
1. Properly developed psychological tests should form an important part of the selection
procedure.
2. Every policeman must develop an attitude of utmost courtesy and consideration towards
members of the public who come to him for help.
3. All police activities, to the extent possible, should be open, except in four specific areas,
which are (i) operations, (ii) intelligence on the basis of which operations are planned and
conducted (iii) privacy of the individual citizen and (iv) judicial requirements.
4., Women Police should be recruited in much larger numbers than at resent, particularly in the
ranks of Assistant Sub-inspectors and Sub-inspectors of Police.
SIXTH REPORT:
1. Before promotion to the ranks of Superintendent of Police, DIG and IG, all IPS officers should
be required to undergo specifically designed pre-promotion courses followed by an examination
and an objective selection process.
2. Two Central IPS Cadres should be constituted - one for the paramilitary organisations and
the other for such organisations as IB, CBI, RAW etc.
3. The Commission has therefore recommended that in cities with a population of 5 lakhs and
above and even in places where there may be special reasons like speedy urbanisation,
industrialisation etc., the system of police commissionerate would provide more effective
policing and should be introduced.
4. The Commission has expressed its view against reservation of vacancies in the police for
minorities and other weaker sections on the basis of their share in population.
SEVENTH REPORT:
1. A police station in a rural area should not have jurisdiction of more than 150 kms. In urban
areas, population density should be one of the main considerations.
2. An investigating officer should not be required to investigate more than 50 - 60 IPC cases in
India.
3. T here should be an increase in the strength at middle levels of ASI/SI/Inspector.
4. There should be a central enactment to ensure uniformity in composition, officering pattern,

training, discipline and efficiency of the state armed police battalions.
5. A Central Police Committee to look after the functions of consultancy and monitoring be
created because an expert agency is required by the Central Government and the State
Security Commissions to advise them on matters relating to police system.
6. An all India Police Institute on the lines of similar professional institutions existing for
Engineers, Chartered Accountants and other professionals be created. This Institute, when
established, should be kept under the proposed Central Police Committee.
EIGHT REPORT:
1. There should be continuous monitoring of the performance of the police forces in the country.
2. The police functionaries individually as well as in groups should be sensitised to the idea of
accountability to the people.
3. Sections 132 and 197 of the Cr. P.C. 1973 provide protection to various categories of public
servants against any prosecution brought against them relating to performance of off icial
duties. The protection available to the police officers under these sections should be withdrawn
so that the private complainant is free to press his complaint against police official for a judicial
pronouncement without there being a provision to obtain prior permission of the competent
authority for such prosecution.
4. The Police Act of 1861 should be replaced by a new Police Act, which not only changes the
system of superintendence and control over the police but also enlarges the role of the police to
make it function as an agency which promotes the rule of law in the country and renders
impartial service to the community
The major recommendations of the NPC have remained unimplemented. There is a deep-
seated and strong resistance to the idea of police reforms. Politicians and bureaucrats have
developed a great vested interest in retaining control and superintendence over the police
organisation.
3.13 SUMMARY
The Police force in the country is entrusted with the responsibility of maintenance of public order
and prevention and detection of crimes. Each state and union territory of India has its own
separate police force. Article 246 of the Constitution of India designates the police as a state
subject, which means that the state governments frame the rules and regulations that govern
force.
Law enforcement in India is broadly based on the British model of policing, but has a far more
complex structure. Unlike in the United Kingdom, senior and chief police officers are not
promoted from the ranks, but are appointed after meeting certain educational requirements and
undergoing a competitive examination. Each state and union territory of India has its own
separate police force. Article 246 of the Constitution of India designates the police as a STATE
SUBJECT, which means that the state governments frame the rules and regulations that govern
force.
Each state and union territory of India has a state police force, headed by the Commissioner of
Police (State) or Director General of Police (DGP). Each state is controlled by the Chief Minister
and Home Minister. The state police is responsible for maintaining law and order in townships of
the state and the rural areas. The central agencies are controlled by the central Government of
India The majority of federal law enforcement agencies are controlled by the Ministry of Home
Affairs.
Police are one of the most ubiquitous organisations of the society. The policemen, therefore,
happen to be the most visible representatives of the government. The police are expected to be
the most accessible, interactive and dynamic organisation of any society. Their roles, functions
and duties in the society are natural to be varied, and multifarious on the one hand; and
complicated, knotty and complex on the other. Broadly speaking the twin roles, which the police
are expected to play in a society are maintenance of law and maintenance of order.
Section 41, 41A, and 41B of Criminal Procedure Code which govern arrest by police without
warrant. These sections were modified in amendment to CrPC (Criminal Procedure Code) in
2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498a, which
being a cognizable offence didn’t need a warrant for arrest.
The CrPC contains elaborate details about the procedure to be followed in every investigation,
inquiry and trial, for every offence under the Indian Penal Code or under any other law. It
divides the procedure to be followed for administration of criminal justice into three stages:
namely investigation, inquiry and trial. The Code of Criminal Procedure is the main legislation
on procedure for administration of substantive criminal law in India.
In Police -Public Relations our basic task and objective is to enhance the quality of police
cooperation with the public. Public relations are an inseparable part of police work. They keep
the public informed about matters from its sphere of activity, unless by doing so it would
prejudice its own work or justified benefits of others.
The need for reform of police in India has been long recognised. There has been almost 30
years of debate and discussion by government created committees and commissions on the
way forward for police reform, but India remains saddled with an outdated and old-fashioned
law. Many committees on police reforms have recommended major reforms in the police
system coupled with systematic accountability.
3.14 TERMINOLOGY
Imperial
Public order
Forensic
Organization
Supervision
Assigned
Enforcement
Security
Seizure
Arrest
Detention
Investigation
Custodial
Trial
Torture

1.Explaing the Police System In India and its Significance?
2. Describe the Structural Organization of the Police System in India?
3. what is the Recruitment Process and Training system in India?
4. Explain the Powers and Duties of the Police Under different Acts in India?
5. What are the methods followed by the police in the investigation of a Case?
6. What are the Third Degree Methods? Explain them?
7. What is the Liability of the Police for Custodial Violence?
8. Explain the Need and Importance of the Police Public Relations in the Modern Reforms of the
Police System?
9. What are the suggestions given by the National Police Commission Report? Explain them?
LESSON WRITER
Dr. Ch. LAKSHMANA RAO
M.A.,M.H.R.M.,M.A.,LL.M.,Ph.D. (LAW)
Criminology & Penology 4.1 Punishment of Offenders
CHAPTER – 4
PUNISHMENT OF OFFENDERS
4.0 OBJECTIVE
To Know
The punishment and its nature.
The modes of punishments
The kinds of punishments
The punishments under the criminal law.
The Prison system in India.
The prison manual and prisoners rights
The consequences of the violation of prison code
The appraisal of punishment
STRUCTURE
4.1. Discarded modes of punishment
4.1.1. Corporal Punishment
4.1.2. Transportation
4.1.3. Public Execution
4.2. Punishments under the Indian Criminal Law
4.2.1. Capital Punishment
4.2.2. Imprisonment
4.2.3. Fine
4.2.4. Cancellation or withdrawal of licences
4.3. The Prison System
4.3.1. Administrative Organization or Prisons
4.3.2. Mode of Recruitment and Training

4.3.3. The Jail Manual
4.3.4. Powers of Prison Officials
4.3.5. Prisoners Classification
4.3.6. Constitutional Imperatives and Prison
4.3.7. Prison Management: Prisoners Rights
4.3.8. Open Prisons
4.3.9. Prison Labour
4.3.10. Violation of Prison code and its consequences
4.4. Appraisal of Imprisonment as a mode of punishment
4.5 Summary
4.6 Technical Terms
4.8 Reference books
4.1. DISCARDED MODES OF PUNISHMENT

The object of criminal legislation is to prevent the perpetration of acts classified as criminal
because they are regarded as being socially damaging. The transgression of such harmful acts
in modern times in prevented by a threat or sanction of punishment administered by the state.
In other words, punishment is the sanction imposed on an accused for the infringement of the
established rules and norms of society.
The object of punishment is to protect society from mischievous and desirable elements by
deterring potential offenders, by preventing the actual offenders from committing further
offences and by reforming and turning them into law-abiding citizens. The public dislikes a
criminal and this dislike is expressed in the form of punishment. The object of punishment has
been very well summarized by Manu, the Great Hindu law-giver in the following words:
“Punishment governs all mankind; punishment alone preserves them; punishment makes while
their guards are sleep; the wise considers the punishment (danda) as the perfection of justice”.
Thus, the protection of society and security of persons’ life, liberty and property is an essential
function of the state. This could be achieved through instrumentality of criminal law by imposing
appropriate sentence and stamping out criminal tendency. Various forms of punishments have
been evolved and applied in different societies through the ages. Tortures, executing death
sentences and all sorts of cruelties in prisons were some of the distinguished features of the
penal philosophy all over the world till relatively recent times. The punishments provided in
many parts of the world, including India, are death, imprisonment forlife, rigorous and simple
imprisonment, forfeiture of property and fine.
The modes of punishment in India since ancient times is mostly linked with the reformative
sanction. However in the British rule there is different modes followed by them for imposing
punishment in the discriminative methods. However, after india got independence our criminal
law system particularly the modes of punishment is criticised by the different criminologists. In
that way, some modes of punishments are treated as discarded modes of punishment. For
example hanging of a man for the execution of the death sentence is criticising by some of the
criminologists. The imposition of punishment is linked with the mode of punishment. In the
modern times the indian criminal law discarded some of the mdoes of punishment as per the
present legal situations.
4.1.1. CORPORAL PUNISHMENT
Before the rise of humanitarianism in the penal philosophy, mutilation, branding and flogging
were well-recognized modes of punishment. In India, the corporal punishment of whipping
which was first added and regulated by the Whipping Act of 1864 (repealed and replaced by the
Whipping Act of 1909), was abolished in 1955. In England, flogging was abolished quite some
time ago. Yet if this type of punishment is itself a dead letter, the issue whether or not to
reintroduce it is very much a living one, and as recently as 1960 the Advisory Council on the
treatment of Offenders was asked to consider the desirability of such a course.
To prove the efficacy of whipping, it is argued frequently by some people that flogging by
parents or school teacher in childhood has a constructctive effect. Such an argument ignores
two aspects of whipping as a correctional measure.
1. Firstly, the whipping administered by a parent or even a teacher is to be viewed in the

context of the emotional relationship between the child and the pain-inflicting source.
The certainly is lacking in the case of a person doing it on behalf of the police, jail or
some other authority.
2. Secondly, the whipping done by a parent or school teacher inflicts pain generally within
a very short time after the delinquent act is committed by the child and such promptness
in the punishment is bound to heighten the effect of the chastisement. Contrary to the
prevalent philosophy against violent punishments and therefore, somewhat quite
expectedly, the cause of corporal punishment has been taken up very forcefully by
Graeme Newman in his book “Just and Painful” published at a time when scepticism is
being already expressed by many regarding the efficacy of rehabilitation and reformative
techniques.
Newman being a treatment critic of imprisonment as a mode of punishment believes, like many
others, that prisons do not serve the purpose of either rehabilitationor punishment and the cost
involved in any case is too enormous to be worthwhile. Imprisonment involves pains of all the
possible varieties, physical, mental, social and economic which are neither intended to be
inflicted nor deserved by the convicts.
4.1.2. TRANSPORTATION
Transportation or penal transportation is the sending of convicted criminals or other persons

regarded as undesirable to a penal colony. For example, France transported convicts to Devil's
Island and New Caledonia and England transported convicts, political prisoners and prisoners
of war from Scotland and Ireland to its colonies in the Americas (from the 1610s until the
American Revolution in the 1770s).
"Indian convicts sent to Singapore Penal Settlement were under no restraint and received no
support and were allowed to provide for themselves. They differed in no respect from free
population of the place, excepting that they had to give security for appearance whenever
required."
Section 3 of the Prisoners Act authorised officers in charge of the prisons in India to keep safely
transportation convicts in intermediate or temporary prison custody in accordance with the
judicial order of the court in its warrant, only until arrangements for their transportation to a
Penal Settlement were made.
Parliament, when substituting "imprisonment for life" for "transportation for life" in the IPC, CrPC
and other cognate laws by Section 117 and the Schedule of the Code of Criminal Procedure
(Amendment) Act 26 of 1955, literally followed these two proposals of its Joint Committee by not
changing the nature of the punishment earlier called "transportation for life" by now calling it
"imprisonment for life", and by keeping imprisonment for life distinct from rigorous or simple
imprisonment, as well as by ignoring altogether the recommendation of the Indian Jails
Committee aforementioned, suggesting substitution of "rigorous imprisonment" for
"transportation". It is for this reason the amended Section 53 IPC, which lists the punishments to
which offenders are liable under the Code, contains two separate items reading:
The Amending Act, 1955 merely changed the name of life punishment without altering its
meaning so much so that imprisonment for life was not included even in the definition of the
term "imprisonment" under Section 3(27) of the General Clauses Act, 1897. Similarly, if the
appropriate Government intended sentences of life imprisonment to be served by imprisoning of
convicts in jails they have necessarily to commute such sentences to rigorous imprisonment for
a term not exceeding 14 years. It, therefore, follows that a person sentenced to imprisonment
for life cannot legally be made to serve a term longer than one which, aggregated with the
period of remission earned, amounts to 14 years.
4.1.3. PUBLIC EXECUTION
Hanging is the oldest but most widely used method of execution in the world today. In 2014, at
least 580 hangings were recorded in eleven countries, down from 693 in ten countries during
2013. These executions took place in Afghanistan, Egypt, India, Iran, Iraq, Japan, Jordan,
Palestine, Pakistan, Singapore and the Sudan (Darfur). At least 12 women were hanged - in
Iran and Egypt during 2014. Iran also carried out a number of public hangings of men. Sadly,
the majority of those hanged in the 21st century have still had to die by strangulation,
particularly in Iran. It is estimated that only 72 of the hangings during 2014 used a drop
designed to break the prisoner's neck.
Hanging remains the standard method of execution in many retentionist countries, notably
Japan, Singapore, Malaysia, South Korea, India, Pakistan, Bangladesh, several African
countries, including Botswana, Kenya and Zimbabwe, and some Middle Eastern countries
including Iran, Iraq, Egypt, Jordan, Kuwait, Lebanon and Syria and in most Caribbean states. It
is also a lawful method as an option to lethal injection in the American state of Washington
which has carried out two hangings since the re-introduction of the death penalty in 1976. It
was used extensively in Iraq under Saddam Hussein and continues to be the lawful method
there under the new government which reportedly carried out 46 executions during 2014
according to official figures. These further stated that there have been 129 executions from
during 2012, including those of five women. Iraq has adopted the American style of hanging.
Hanging originated as a method of execution in Persia (now Iran) about 2500 years ago for
male criminals only, (women were strangled at the stake for the sake of decency!) It was the
method of choice in many countries as it produced a highly visible deterrent without the blood
and gore of beheading. In early times, it was considered ideal because it was the simplest
method to carry out, did not give the condemned person a particularly cruel death (by the
standards of the day), made a good public spectacle as the prisoner was above the level of the
viewers and because the equipment was easy to come by - a tree, a piece of rope and a ladder
or cart, being available everywhere. Unlike beheading there was no requirement for a skilled
executioner. Beheading was the other most common form of execution, adopted as the sole
means by some countries.
There is no means of knowing how many people have hanged worldwide in the last 2,000 years
but it is probably at least half a million. From 1800 and 1964, over 5,000 people suffered death
by hanging in Britain. In America it is estimated that some 9,300 people including up to 356
women were hanged from the early 1600's up to 1996.
Hanging was the normal form of execution in many countries up to the end of the 19th century
when there was a general trend to abolition or to use more humane methods than the type of
hanging used at that time (short drop). It was the standard method in Britain and its colonies
and was widely used in France prior to the French Revolution and also in Germany and pre-
communist Russia. It was the lawful method in all states of America up to 1890 and continued in
some until suspension of the death penalty in 1968. Hanging was also used by many other
countries that have since abolished capital punishment such as Australia, Austria, Canada,
Czechoslovakia, Hungary, Ireland, New Zealand, Poland and South Africa. Hitler reintroduced it
to Nazi Germany and very large numbers of prisoners were executed by this method in prisons,
concentration camps and in the "field" by German soldiers between 1937 and 1945.
The processes of judicial hanging.
There are four main forms of hanging.
 Short drop hanging where the prisoner drops just a few inches, and their suspended
body weight and physical struggling causes the noose to tighten, normally resulting in
death by strangulation or carotid or Vagal reflex. Pole hanging is a variation on this
method.
 Suspension hanging where the executee is lifted into the air using a crane or other
mechanism. Death is caused in the same way as with short drop hanging.
 Standard drop hanging where the prisoner drops a predetermined amount, typically 4-6
feet, which may or may not break their neck. This was the normal method adopted in
America in the later 19th and early 20th centuries.
 Finally, measured or “long drop” hanging which became universal in Britain from 1874,
where the distance the person falls when the trapdoors open is calculated according to
their weight, height and physique and is designed to break the neck. This method was
adopted in British Colonies and by some other countries who wished to make executions
more humane.
4.2. PUNISHMENTS UNDER THE INDIAN CRIMINAL LAW

The stage of punishment is the final process of the criminal jurisprudence system. As is well-
known one of the fundamental tenets of criminal law is that a person is considered innocent until
proved guilty. The nature of proof requires that the evidence must prove beyond reasonable
doubt the guilt of the person accused of various offences.
The method of proof is through conduct of trial. Once the court comes to a conclusion based on
evaluation of the evidence, admitted before it, that the accusations are proved against the
accused, it has to decide on the quantum of punishment to be awarded to the accused. The
principles determining the nature and extent of punishment to be prescribed by the trial court
are to be found in chapter III of the Indian Penal Code 1860.
Sentencing Policy
The fundamental principles for imposition of different types of punishments provided under
section 53 of the Indian Penal Code. The punishments to which offenders are liable under the
provisions of the code are:
 First – Death;
 Secondly – Imprisonment for Life;
 Thirdly – [Repealed by Act 17 of 1949];
 Fourthly – Imprisonment, which is of two descriptions, namely:- 1). Rigorous, that is with
hard labour; 2). Simple;
 Fifthly – Forfeiture of Property;
 Sixthly – Fine.
Essential Characteristics
The key elements in the different dimension underlying sentencing principles in India are as
follows:
1) The maximum punishment prescribed should not automatically follow upon a conviction;
2) In judging adequacy of sentence the nature of the offence, the circumstances of its
commission, the age and character of the offender, injury to individuals or to society,
effect of punishment on the offender, eye to correction and reformation of the offender,
are some amongst many other factors which would ordinarily be taken into account by
courts;
3) The court has to bear in mind the necessities of proportion between an offence and the
penalty;
4) Where the court imposes the maximum sentence allowed under the law, it should record
its reasons for doing so;
5) In order to judge the appropriateness of the sentence, the court should take into account
subsequent notoriety; which the convict acquired.
.4.2.1. CAPITAL PUNISHMENT

Capital Punishment is one of those subjects of human concern which give rise to an endless
debate without producing any conclusions. To abolish or not to abolish is the problem which
has been faced in many countries.
The crusade against capital punishment started in England and Europe as a result of the works
utilization like Bentham and Beccaria who insisted that punishment being an evil in itself should
be just sufficient to curb the menace of the crime and no excessive punishment including capital
punishment, ought to be inflicted where some lesser penalty could be achieve the same result.
In India too, the problem has been engaging government and public attention over the years but
the death sentence is still there on the statute book though its use has been sparingly made in
the “rarest of rare cases”.
The debate regarding the retention of the death sentence has been going on for quite some
time now. A still woe introduced in the Lok sabha in 1956 which was rejected by the house.
Efforts were also made in the Rajya Sabha to move the resolution for the abolition of capital
punishment in 1958 and in 1962 but they were withdrawn each time after some debate in the
house.
Having regard however, to the conditions in India.
1) To the variety of the social upbringing of the inhabitants.

2) To the disparity in the level of morality and education in the country.
3) To the vastness of its area.
4) To the diversity of its population; and

5) To the paramount need for maintaining law and order in the country.
At the present juncture India cannot risk the abolition of capital punishment. Argument which
would be valid in respect of one area of the world may not hold good in respect of another area
in this context. Similarly even if abolition in some parts of India may not make a material
difference it may be fraught with serious consequences in other parts. On a consideration of all
the issues involved the commission is of the opinion that capital punishment should be retained
in the present state of the country.
Capital Punishment is violation of Article 19 of the Constitution because the freedoms

guaranteed therein cannot be enjoyed without the basic right to life and that it defiles the dignity
of the individual vouchsafed in the preamble of the constitution. Regarding the inherent the
nature of the death sentence it was contended that it served no social purpose.
Capital Punishment as an alternative punishment in Section 302 of the Penal Code violates
Article 21 of the Constitution in as much as the legislative policy laid down there is and in
Section 354(3) of the Criminal Procedure Code of 1973 give too wide a discretion to the judges
without proper and adequate legislative guidelines.
India being a party to the Stockholm Declaration of 1977 was committed to abolish Capital
Punishment.
Various modes have been employed as modes of execution of the death sentence in different
societies in various places of their development in terms of their perception of justice, decency,
moral values and civilized behaviour.
1) In the contemporary world only a few modes e.g. electrocution, hanging, asphyxiation,
shooting and beheading are being employed.
2) In India hanging has been the well accepted mode of inflicting capital punishment and
the same has been provided in section 354(5) of the Code of Criminal Procedure and in
the jail manual of the various states.
3) The issues regarding the Constitutionality of Section 354(5) came up before the
Supreme Court in Deena vs. Union of India (1983). Though the court asserted that it
was a judicial function to probe into the reasonableness of a mode of punishment, it
refused to hold the mode of hanging as being violative of Article 21 of the Constitution of
India.
4) The present position regarding capital punishment is quite a balanced one. The framers
of the Penal code had recommended sparing use of it and it has not been employed in
this country to wreck a vengeance.
4.2.2. IMPRISONMENT
Imprisonment as a form of punishment is of relatively origin and got prominence as a result of
the decreasing use of capital punishment and transportation in most countries during the last
century or so. The traditional concept of prisons was different from the one in which it has been
understood since the middle of the last century.
The most serious problem associated with imprisonment is what has been termed as
“prisonisation”. The prisoner introduced to a new environment which has its own culture and
values is affected by the direct impact on the earlier culture which the prisoners was exposed to
before the jail resulting in ”acculturation” of the offender.
1) His personal identity is the first casualty in the process.

2) From a human being bearing personal characteristics, he is converted into a mere
impersonal entity in the new subordinate social groups.
3) His name is replaced by a member.
4) His clothes, food and working and leisure hours are just the same as those of other
members of the groups. i.e., fellow prisoners. In other words, he is a unit to be
processed by prison employees and to quote, by Alfred Hassler, the prisoner is
perceived as a job, rather than as person as a person.
5) Equally damaging is the effect on family relationships.
6) Many legal systems even recognize imprisonment as a ground of divorce available to
the spouse of convict.
7) The only possible contact with family members is through periodic visits permitted to
them under the jail rules. It has been suggested by some reformers of the present
system that prisoners should be allowed to continue their family life within the prison but
the practicability of such a proposal has also been questioned. It is only in certain prison
systems in Europe and South America that arrangements are made for “Connubial
visits” between the spouses.
8) Instead of moving the criminal away from criminal tendencies, imprisonment sometimes
results in something just the opposite. Gambling and Deviant sexual behaviour in the
form of homo-sexuality are some of the offences for which prisons provide an ideal
breeding ground.
9) In case the employees of the prison happen to be corrupt, the prisoner comes to know
the efficacy of bring as means to gain some minor favours for them.
10) Prisoners often feel quite justifiably that the real punishment begins after they leave the
prison.
4.2.3. FINES
Fines as an addition or alternative form of punishment have been increasingly favoured by the
law as well as judicial authorities.
 They are singularly more appropriate in offences relating to traffics, employment of

persons unauthorized by law and violation of laws regarding manufacture and
distribution of goods.
 They are very frequently imposed in relation to property crimes like embezzlement,
fraud, theft, violations of lottery and gambling laws and minor offences like loitering and
disorderly conduct.
 Fine is the most common punishment in every part of the world and it is a punishment
the advantages of which are so great and obvious.
According to Betham, the punishment of fine had the advantages of being capable of regulation
according to the means of the offender, implied no disgrace and was remissible in case of
unjust conviction as discovered subsequently. The disadvantages according to Bentham are
that the family and dependants of the offender are hit and the punishment is not exemplary, as
in its execution no spectacle is made.
1) The imposition of fines may be made in four different ways as provided in the Indian
Penal Code.
2) It is the sole punishment for certain offences and the limit of maximum fine has been laid
down;
3) In certain offences it is an alterative punishment but the amount is limited;
4) In certain offences it is imperative to impose fine in addition to some other punishment;
and
5) In some offences it is obligatory to impose fine but no particular pecuniary limit is laid
down.
6) In regards the question of quantum of fines, no general provision exists in England to
regulate it. But both the Magna Catra and the Bill of Rights contain provisions
prohibiting excessive and unreasonable fines and assessment.
7) In India, the framers of the Indian Penal Code observed that in offences, which are the
result of greed, the amount of fines ought to be so excessive as to reduce the offender
to poverty.
8) There must be some power vested under the law to realize the fine imposed upon the
offender.
9) In many cases, courts award imprisonment in default of fine. This power to courts has
been given under section 64 of the Indian Penal Code.
10) When the fine pronounced in a Judgment becomes a debt in fvour of the state.
11) Debt was not extinguished by the death and was accordingly recoverable from his
estate.
4.2.4. CANCELLATION OR WITHDRAWL OF LICENCES
Cancellation or withdrawl of Licences as an addition or alternative form of punishment have

been increasingly favoured by the law as well as judicial authorities. The main object of the
criminal trial is to determine whether the accused person is guilty of the offence he is charged
with and to prescribe suitable action if he is proved guilty on the basis of an elaborate system of
substantive and procedural criminal law.
The determination of the second issue, i.e. the choice of an appropriate sanction out of the
many permitted by law in a particular situation out of the many permitted by law in a particular
situation is of as enormous consequence to the individual offender as it is to society at large.
While the offender’s life, liberty or property and his entire future hinge on the outcome of the
sentencing process, it is also bound to have some impact on social interests, which ought to be
the primaryu concern of the criminal law machinery. The court can cancel the licences or giving
an order to withdrawl the licences as an alternative form of punishment against the offender.
This type of punishment mainly depend upon the discretionary powers of the court. Likewise,
the executive authorities also have power as quasi-judicial authorities to use this power against
the offender for withdrawl the licences. Some times cancel the licences. It is popular among
the modes of the punishment in the modern criminal law particular important area of the
criminology.
4.3. THE PRISON SYSTEM

The word ‘Prison’ and ‘Goal’ derive from the Latin words which mean respectively to “Seize”
and “cage” The oxford English Dictionary defines prison as, “A place properly arranged and
equipped for the reception of persons who by legal process are committed to it for safe custody
while awaiting trial or punishment”.
According to the Government of India Prisons Act of 1870, ‘Prison’ meant any goal or
penitentiary and includes the airing grounds or other grounds or buildings occupied for the use
of the prison. Prison means any jail or place used permanently or temporarily under the general
or special orders of a Local Government for the detention of prisoner. The Encyclopedia
Britannica defines, ‘prison as an institution for the confinement of persons convicted of major
crimes or felonies’.
Prison traditionally defined as a place in which persons are kept in custody pending trial or in
which they are confined as punishment after conviction. The word prison means different things
to different people. To the law abiding it is a place where the criminals end up. To the criminal it
may be a vague hazard or an unavoidable indignity. To the social inadequate it may be a
shelter. To some isolated individuals it may be the only place where they can find some
semblance of championship. To a prison officer it is his place of work. To the psychologist, a
career in studying behavior. But to thousands of people, an experience which slows up time,
which crows them together, sets them apart and changes the course of their lives.
4.3.1. ADMINISTRATIVE ORGANIZATION OF PRISONS

In the ancient-medieval period, imprisonment was used (secure areas of forts), but there was no
prison system and no descriptions exist for the internal administration of prisons. With the
advent of the British period in India, imprisonment because the most commonly used instrument
for penal treatment. In 1897, the Reformative Schools Act was passed to mandate the sending
of youthful offenders under 15 years-old to reformative school instead of to prisons. The Indian
Jails Committee of 1919 issued a report that gave impetus to prison reforms throughout India
and laid the foundation for the modern prison system in India. Recommendations, however,
were not implemented in full due to administrative difficulties.
The enactment of the Borstal School Acts, Children Acts and Probation of Offenders Act, and
Good Conduct Prisoners Probational Release Acts of some States were some of the direct or
indirect results of the Committee's report. In the post-independence period, the Government of
India sought technical assistance from the United Nations to suggest progressive programs for
scientific care and treatment of offenders. One recommendation was the establishment of the
Central Bureau of Correctional Services at Delhi and the revision of jail manuals. The All India
Conference of Inspectors General of Prisons was held in Bombay in 1952, and it recommended
establishing a committee to draft a model prison manual.
The Central Bureau of Correctional Services was created in 1961 (renamed the National
Institute of Social Defense) to coordinate and develop uniform policy, standardize the collection
of statistics, and exchange information with foreign governments and U.N. agencies to promote
research and training. Punitive and retributive approaches to corrections have been replaced by
the concept of rehabilitation. Open prisons have been established in most of the States.
Prisons in India, and their administration, is a state subject covered by item 4 under the State
List in the Seventh Schedule of the Constitution of India. The management and administration
of prisons falls exclusively in the domain of the State governments, and is governed by the
Prisons Act, 1894 and the Prison manuals of the respective state governments. Thus, states
have the primary role, responsibility and authority to change the current prison laws, rules and
regulations. The Central Government provides assistance to the states to improve security in
prisons, for the repair and renovation of old prisons, medical facilities, development of borstal
schools, facilities to women offenders, vocational training, modernization of prison industries,
training to prison personnel, and for the creation of high security enclosures.
The Supreme Court of India, in its judgments on various aspects of prison administration, has
laid down 3 broad principles regarding imprisonment and custody. Firstly, a person in prison
does not become a non-person. Secondly, a person in prison is entitled to all human rights
within the limitations of imprisonment. Lastly, there is no justification for aggravating the
suffering already inherent in the process of incarceration.
Prison expenditure is broadly categorised as Plan Expenditure and Non-Plan Expenditure.

Expenditure on specific planned activities under the Five Year Plan is termed as Plan
Expenditure. Expenditure made for meeting day-to-day expenses and running establishments
like payment of salaries, wages, rent, etc. come under the Non-Plan Expenditure. Non-Plan
Expenditure may also include activities for development of existing infrastructure and bringing
about improvements in the prisons. Expenditure on prison inmates is categorised as Food,
Clothing, Medical, Vocational/Educational facilities, Welfare and Other expenses. Food

expenses account for more than half the total expenditure on prison inmates.
4.3.2. MODES OF RECRUITMENT AND TRAINING
Recruitment and training is two important aspects in the administrative system. Particularly in
the prison administrative system they will have its importance. Training and Recruitment are
interlinked with each other. Each and every staff of the Jails must be trained with regard to the
maintain the law and order in the prisons. In general,the Officials of the prison are playing a
dominant role. There are certain modes of recruitment procedure for the selection of them. In
India, particularly, different states are following different types of the procedures are maintaining
in the selection or recruitment of the jail authorities. The jails are different from the society.
There are different types of criminals in the process of punishment of the offender.
The Mode of Recruitment of the officers mainly defend upon their daily routine job in the jail.
They must be physically and mentally fit to select as officials. There is need to control the
attitude of the prisoners in jails and they must be psychologically fit to deal with different types
of mentalities in Prisons. For the recruitment of the Jail officials keen observation must be taken
while selecting the jail staff.
Further, training is an important aspect for the recruited prison staff and also existing staff to
understand the advanced methods and modifies the bad methods. The trainining may be either
oral or with group to the jail officials. In that training they must be educated to understand the
nature and causes of crime and background of the criminals physicaland psychological aspects.
India is a big country and following reformative procedure against the criminals as mentioned in
the criminal justice system. In that way Jail authorities must be trained as well as there is need
to follow the methods of recruitment which was recommended by the Jails Committee.
4.3.3. THE JAIL MANUAL

The contemporary Prison administration in India is thus a legacy of British rule. It is based on
the notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishments
The All India Committee on Jail Reforms (1980 1983), the Supreme Court of India and the
Committee of Empowerment of Women (2001-2002) have all highlighted the need for a
comprehensive revision of the prison laws but the pace of any change has been disappointing
(Banerjea 2005). The Supreme Court of India has however expanded the horizons of prisoner’s
rights jurisprudence through a series of judgments. For developing prison system in the country
as an effective instrument for the reformation and rehabilitation of offenders, the draft Model
Prison Manual aims at:
(j)Bringing in basic uniformity in laws, rules and regulations governing the administration of
prisons and the management of prisoners all over the country;
(ii) Laying down the framework for both sound custody and treatment of prisoners;
(iii) Rationalisation of prison practices to cater effectively to various categories of prisoners;

(iv)Spelling out minimum standards of institutional services for the care, protection, treatment,
education, training and resocialisation of incarcerated offenders;
(v)Evolving such procedures for the protection of human rights for prisoners as they are entitled
to within the limitations imposed by the process of incarceration.
(vi)individualisation of institutional treatment of prisoners in keeping with their personal

characteristics, behavioural patterns and correctional requirements;
(vii)Providing a scientific basis for the treatment of special categories of prisoners such as
women, adolescents and high security prisoners;
(viii)Outlining an organisation of the Department of Prisons and Correctional Services which is

conducive to its declared objective and to delineating the duties and functions of the staff at
various levels
(ix)Developing coordination between the Department of Prisons and Correctional Services and
other components of the criminal justice system;
(x)Ensuring availability of the necessary service inputs from other public departments in an
efficient functioning of prisons;
(xi)Forging constructive linkages between prison programmes and community-based welfare

institutions in achieving the objective of the reformation and
rehabilitation of prisoners;
(xii)Leaving flexibility in the suggested provisions so as to allow for adaptation to local

conditions without undermining uniformity in rights and duties of prisoners.
4.3.4. POWERS OF PRISON OFFICIALS
Officers in charge of prisons outside the Presidency-town may give effect to any sentence or
order or warrant for the detention of any person passed or issued-
(a) by any Court or tribunal acting, whether within the States under the general or
special authority of the Central Government, or of the Government of Burma, or by any
Court or tribunal, which was before the commencement of the constitution acting under
the general or special authority of His Majesty, or of the Crown Representative; or
(b) before the 26th January, 1950, by any Court or tribunal in any Indian State-
(i) if the presiding Judge, or if the Court or tribunal consisted of two or more
Judges, at least one of the Judges, was an officer of the Crown authorized to sit
as such Judge by the State or the Ruler thereof or by the Central Government or
the Crown Representative; and
(ii) if the reception, detention or imprisonment in any Province of India of person

sentenced by any such Court or tribunal had been authorized by general or
special order by the State Government; or
(c) by any other Court or tribunal in a Part B with the previous sanction of the State
Government in the case of each such sentence, order or warrant:
Provided that effect shall not be given to any sentence order or warrant for detention
passed or issued by any Court or tribunal in Burma without the previous sanction of the
State Government concerned.
Where a Court or tribunal of such an Indian State as aforesaid has passed a sentence which
could not have been executed without the occurrence of an officer of the Crown, and such
sentence had been considered on the merits and confirmed by any such officer specially
authorized in that behalf, such sentence, and nay order or warrant issued in pursuance thereof,
shall be deemed to be sentence, order or warrant of a Court or tribunal acting under the
authority of the Central Government or the Crown Representative.]
To give effect to the sentence means that it is illegal to exceed it and so it follows that a prison
official who goes beyond mere imprisonment or deprivation of locomotion and assaults or
otherwise compels the doing of things not covered by the sentence acts in violation of Art. 19.
Punishments of rigorous imprisonment oblige the inmates to do hard labor, not harsh labor and
so a vindictive officer victimizing a prisoner by forcing on him particularly harsh and degrading
jobs, vocatives the law's mandate. For example, a prisoner, if forced to carry night soil, may
seek a habeas writ. 'Hard labor' in S.53 has to receive a humane meaning. A girl student or a
male weakling sentenced to rigorous imprisonment may not be forced to break stones for nine
hours a day. The prisoner cannot demand soft jobs but may reasonably be assigned congenial
jobs. Sense and sympathy are not enemies of penal asylums. Sunil Batra, Petitioner v. Delhi
Administration, in 1980.
4.3.5. PRISONERS CLASSIFICATION

Individualisation of treatment of offenders means that the personality of each offender is to be
assessed and prison programmes designed to meet the individual requirements as far as
possible. For that it is of utmost importance that offenders are classified. Classification of
offenders involves consideration at two different stages.
Firstly, at the time of determining which particular type of prison the offender is to be sent to
and,
Secondly, within a given prison the offenders are to be classified through medical, psychiatric
and psychological examinations, through educational and vocational studies and through case
work interviewing. As regards the classification of prisons, one way to di it is in term so of their
security.
The All India Jail Manual Committee, 1957-59 had advised a strong individualised approach on
the basis of age, physical and mental health, length of sentence, degree of criminality and
character. The Committee of 1980-83 has urged for the implementation of these
recommendations and has provided the guidelines for the classification of prisoners in terms of
the following factors:
1. Sex;
2. Age, i.e., whether the prisoner is a child, young offender, adult, or an old person;
3. The kind of law, civil or criminal, under which confined;
4. Stage of investigation and trial e.g. whether remanded or undertrial prisoner;
5. Nature of sentence; simple, rigorous, short, medium or long term imprisonment, life
imprisonment or death sentence;
6. Casual or habitual offender;
7. Disease or infirmity; criminal lunatic, leper or TB patient;
8. Socioeconomic status, i.e., A,B or C class.
Based on the seregation imperatives, the Committee suggested the following varieties of
institutions to meet the needs of different categories of prisoners:
1. Separate prisons or annexes for undertrials.

2. Separate prisons or annexes for women.
3. Separate camps for prisoners courting arrest in connection with socio-economic
movements and protests.
4. Separate institutions for young offenders which should be semi-open with medium
security arrangements.
5. Separate prison yards and enclosures for non-habitual offenders.
6. Maximum security prisons for habitual offenders, professional and organized criminals,
sophisticated criminals and criminal careerists.
7. Special security prisons for difficult discipline cases, escape risks and dangerous and
violent prisoners.
4.3.6. CONSTITUTIONAL IMPERATIVES AND PRISON REFORMS
Despite some advance made in prison reform in India there is a wide gap between the theory
and claims on the one hand and the hard realities and actual practices on the other. The
Supreme Court of India played a dominant role for the implementation of Constitutional
provisions towards the prison reforms in India.
The Supreme Court ordered for the reformation of prison in Dharambir case (1979). In that
case court opined that:
“We make take advantage of this opportunity to make a general direction to the state
government to draw up a set of rules to reform the pattern of prison life and to transform the
present system in itself so that theharsher technologies inherited from imperial times are
abandoned in favour of humane processes constitutionally enlivened under the Republic.
These days, prison commissions are at work in many states and we do hope that the state of
Uttar Pradesh will hasten to bring compassion into prisons”.
Shortly afterwards the Supreme Court of India utilized the opportunity in sunil Batra vs. Delhi
Administration (1980) to emphasize once again the constitutional and legal rights of Prisoners.
The role of courts was asserted in this case in the context of the enforcement of human rights
within prison walls to see that prisoners were not treated in arbitrary and cruel ways.
While in Dharambir case the state government was advised to effect reforms by drawing up a
set of rules for a more enlightened prison administration Supreme Court spelt out some of the
obligations of prison administrators.
4.3.7. PRISON MANAGEMENT: PRISONERS RIGHT AND SECURITY

COMPULSIONS
There were three types of prisons in India till two decades ago: maximum security prisons,
medium security prisons, and minimum security prisons. The medium security prisons were
called Model Jails. Of two such prisons in India, one was located at Lucknow and the other at
Ajmer. But both have now been converted in central jails. The three important characteristics of
model jails which distinguished them from the maximum security prisons were: panchayati-raj
system (in which the management of the jails is vested in the inmates), the wage system (in
which the inmates were paid wages for the work assigned to them) and the canteen system (in
which the jail canteen run by the inmates on no profit no loss basis provided essential things of
daily use, like tea, oil, soap, bidis, etc. to the inmates within the jail itself).
In order for a prison system to be managed in a fair and humane manner, national legislation,
policies and practices must be guided by the international standards developed to protect the
human rights of prisoners. Prison authorities have a responsibility to ensure that the supervision
and treatment of prisoners is in line with the rule of law, with respect to individuals' human
rights, and that the period of imprisonment is used to prepare individuals for life outside prison
following release. But often national legislation and rules relating to the management of prisons
are outdated and in need of reform. In many countries the prison department is under the
authority of police or military institutions and managers and staff have received no specific
training regarding prison management. Staff morale is usually low and effective leadership to
drive prison reform is lacking. Information collection and management systems are also very
inadequate (or non-existent) in many prison systems worldwide, hindering the development of
sound policies and strategies based on reliable, factual data. UNODC can provide much
assistance in reforming national legislation, developing training programmes for prison
managers to improve their leadership role and staff to apply international standards and norms
in their daily practice, and by contributing to the institutional capacity building of prison
administrations.
Unlike the USA or India, the battle in Britain regarding prisoners’ rights is not possible with
reference to any written Constitutional rights but judicial intervention can be sought on the basis
of the rule of law and principles of natural justice. In India development regarding prisoners’
rights has taken place commencing with Sunil Batra case. Subsequently, various aspects of
prisoners rights have been coming before Indian Courts and they have interpreted the rights
rather liberally inspite of the absence of anything like a ‘due process’ clause in Indian
Constitution.
However, prisoners rights which are more vital and of direct relevance in the context of prison
reforms in India.
Prisoner’s Rights
 Access to Court and Legal Facilities – A Sub-standard part of the prison population in
the country consists of undertrials and those detenus whose trials have yet to
commence and the significance of this right is obvious. The right to have a lawyer of
one’s choice and to legal aid is provided for both in the constitution and the code of
Criminal procedure Code.
 Meeting with Family Members and Friends.
 Expression and Communication – The right to speech and expression is an extremely
valuable right; essential not only for the democratic functioning of society but also for the
development and protection of the creative facilities of human beings.
 Compensation – The remedy of compensation to prisoners must be available in
appropriate situation involving various legal injuries to them during detention.
Jail Committee on Prisoners’ Rights
The Jail Reforms Committee 1980-83 has also made recommendations regarding prisoners
rights and the committee appears to have been inspired and influenced by judicial
pronouncements on various issues. The Committee has recommended the incorporation of the
following rights in the proposed scheme of “National Prison Legislation”.
1) Right to human dignity;

2) Right to minimum needs;
3) Right to Communication;
4) Right to Access to law;
5) Right against arbitrary prison punishments;
6) Right of meaningful and gainful employment;
7) Right to be released on due date.
All the above rights are more or less already contained in the Constitution, Jail Manuals and
Judicial Pronouncements but the real challenging is regarding their implementation.
4.3.8. OPEN PRISONS
A radical feature of the new prison philosophy is the emergence of “open Prisons” in many parts
of the world including India. A prison, as such stands for containment of prisoners, i.e. to keep
them out of circulation and hence “open prison” is a contradiction in terms. “Containment” of
convicts is still the dominant objective in the minds of prison administrators and quite frequently
to other professed objectives like the rehabilitative ideal are sacrificed to attain it.
The open prisons in the beginning were not truly open but they were in the nature of “minimum
security” prisons. A pioneering effort in this direction was the Witz will establishment in
Switzerland as far back as in 1891; similar developments took place in the U.S.A., U.K., and
some other countries shortly afterwards. The best thing above the open prisons is that the
system counters what is known as “Prionisation” of the Convict; Institutionalisation and
Criminalisation denoting the two components of “prisonisation”. In 1970, Oharambir vs. State of
U.P. the Supreme Court supported the institution of open prisons.
In India, a beginning in the open prisons system was made in 1952 under the inspiration of Dr.
Sampurnanand when a camp was opened at Chakia in the Varanasi District of Uttar Pradesh.
The inmates were allowed to work on their own or inlocal factories and wages were paid to
them.
At the end of the year 1980, there were twenty seven open prisons in the country.
Jail Reforms Committee was much perturbed over section 433 – A Cr. P.C. which provides for a
minimum imprisonment of 14 years for life convicts and thus taken away the incentive to earn
remittance by working in the open prisons. The Committee has recommended the creation of
three kinds of open prisons:
 Semi- open prisons;

 Open prisons;
 Open camps.
It has also recommended that assignment to open jails should not depend on long or short
sentences but on suitability of the person.
4.3.9. PRISON LABOUR
Prison Labour in India viewed in the beginning as a tool of punishment in order to serve as a
deterrent to the inmates. A typical illustrations of the approach to the problem was provided by
the somewhat cynical and skeptical view expressed by Macaulay in his Minute of 1835.
Lord Macaulay Concept:
According to Macaulay, the experiment of prison labour in terms of acquisition of gainful skills
by the prisoners was to prove either successful or otherwise and in earlier case it was an
undesirable consequence.
 If successful, the essential element of deterrent aspect of punishment would be

neutralized.
 On the other hand, if the experiment proved unsuccessful, all the effort and cost involved
would come to naught.
 He apprehended that if the plan was completely, successful, the result would be that by
for the best workmen in the country would be those punished as ‘robbers, thieves and
rogues of every sort.
 Further, he was of the view that prison labour ought not to be viewed as a productive
asset to meet the finances of Jail Administration.
 The impact of prison labour or training may not, however, be as dramatic and powerful
as visualized by Macaulay.
 The tend continues to be in favour of not only prison work but there is support also for
eliminating free labour rendered by prisoners.
 Recommendations of the Jail Committee:
 The Jail Committee of 1980-83 has made the following recommendations:
 The state shall endeavour to develop vocational training and work programs in prisons
for all inmates eligible to work.
 The aim of such training and work programs shall be to equip inmates with better skills,
and work habits for their rehabilitation.
 Payment of fair wages and other incentives shall be associated with work programs.
 The incentives of leave, remission and pre-mature release to convicts shall also be
utilized for imprisonment of their behaviour, strengthening of family ties and early return
to society.
Courts have gone further to hold that prisoners are entitled to fair wages for the work done by
them even if they have to do it involuntary as a part of punishment.
4.3.10. VIOLATION OF PRISON CODE AND ITS CONSEQUENCES
The rules regarding conduct must be clearly defined and explained to inmates, and each
prisoner must be provided with a written list of the rules when entering a correctional facility.
Disciplinary rules must relate to the needs of security, good order, and good housekeeping.
A prisoner accused of breaking rules does not have all the rights of an accused at trial because
a prison disciplinary proceeding is not the same as a criminal prosecution. Inmates are not
entitled to an attorney at disciplinary hearings, nor are they entitled to confront or crossexamine
the witnesses against them.
Prisoners must be given notice of the charges against them, the particular rules they are
charged with violating, and the penalties for such infractions. A hearing can be informal for small
infractions. The ordinary procedure is for the fact finder to write a statement that explains the
evidence relied on and the reason for any disciplinary action taken. The punishment must
reasonably relate to the seriousness of the infraction.
Prison personnel can use force in Self-Defense, stopping fights between inmates, compelling
obedience to lawful orders where milder measures fail, and defending state property. Where
guards use force without justification, a prisoner does not necessarily have the right to resist.
The use of tear gas and chemical mace is justified only when an immediate danger of riot or
serious disorder exists.
Prison officials may punish prisoners by withdrawing certain privileges, such as seeing visitors,
buying items from the commissary, or earning wages. Prisoners cannot be denied fundamental
human necessities.
Segregation is the most common type of punishment used in prisons for rule breaking.
Prisoners can be categorized into groups and segregated from the general inmate population
for a number of other reasons as well. Each prison has its own system and titles for different
degrees of segregation. Separate areas may be set aside for young prisoners, repeat offenders,
or prisoners who have been sentenced to death. Homosexuals and other prisoners who have or
may be subjected to Sexual Abuse can be segregated. Segregation cannot be used, however,
to separate prisoners according to race.
A number of prisons have more than one level of segregation, the most serious of which is
solitary confinement. Punitive isolation is not unconstitutional in and of itself. Conditions in some
prisons, however, have been found to be so strict that they constitute cruel and unusual
punishment. A person in solitary confinement can be punished by the restriction of ordinary
privileges, but a prisoner cannot be denied basic food, light, ventilation, or sanitation.
4.4. APPRAISAL OF IMPRISONMENT AS A MODE OF PUNISHMENT

Appraisal is nothing but assessment, evaluation or review of the system followed in the criminal
improsonment system as a mode of punishment. Imprisonment in its pure and simple form is a
kind of punitive reaction, its object being primarily to deprive the offender of his liberty which is
the most serious damage which can be caused to a human being, next only to deprivationof life
by the death sentence. The traditional concept of prisons was different from the one in which it
has been understood since the emiddle of the last century.
Traditionally it was held that imprisonment should be used only for the custody of offenders until
such time as they could conveniently be dealt with. The most serious problem associated with
imprisonment is what has been termed as “prisonisation”.
The Appraisal of imprisonment on prisoner studied by the criminologists. According to them,

the prisoner, introduced to a new environment which has its own culture and values is affected
by the direct impact on the earlier culture which the prisoner was exposed to before enterisng
the jail resulting in acculturation of the offender.
From a human being bearing personal characteristics, he is converted into a mere impersonal
entity in the new subordinate social groups. His name is replaced by a number. His clothes,
food and working and leisure hours are just the same as those of other members of the groups,
i.e. fellow prisoner.
Equally damaging is the effect on family relationships. Many legal systems even recognise
imprisonment as a ground of divorce available to the spouse of the convict. The only possible
contact with family members is through periodic visits permitted to them under the jail rules. It
has been evaluated by some criminologists suggested the present system that prisoners should
be allowed to continue their family life within the prison but the practicability of such a proposal
has also been questioned.
Some of the Reviews/Appraisals has found that instead of moving the criminal away from
criminal tendencies, imprisonment sometimes results in something just the opposite. Gambling,
and deviant sexual behaviour, in the form of homosexuality, are some of the offences for which
prisons provide an ideal breeding ground. In case the employees, of the prison happen tobe
corrupt, the prisoner comes to know the efficacy of bribe as a means to gain some minor
favours for them.
4.5 SUMMARY
The object of punishment is to protect society from mischievous and desirable elements by
deterring potential offenders, by preventing the actual offenders from committing further
offences and by reforming and turning them into law-abiding citizens. The public dislikes a
criminal and this dislike is expressed in the form of punishment. Before the rise of
humanitarianism in the penal philosophy, mutilation, branding and flogging were well-
recognized modes of punishment. In India, the corporal punishment of whipping which was first
added and regulated by the Whipping Act of 1864 (repealed and replaced by the Whipping Act
of 1909), was abolished in 1955. In England, flogging was abolished quite some time ago. Yet
if this type of punishment is itself a dead letter, the issue whether or not to reintroduce it is very
much a living one, and as recently as 1960 the Advisory Council on the treatment of Offenders
was asked to consider the desirability of such a course.
Section 3 of the Prisoners Act authorised officers in charge of the prisons in India to keep safely
transportation convicts in intermediate or temporary prison custody in accordance with the
judicial order of the court in its warrant, only until arrangements for their transportation to a
Penal Settlement were made. Hanging is the oldest but most widely used method of execution
in the world today. In 2014, at least 580 hangings were recorded in eleven countries, down from
693 in ten countries during 2013. These executions took place in Afghanistan, Egypt, India,
Iran, Iraq, Japan, Jordan, Palestine, Pakistan, Singapore and the Sudan (Darfur). At least 12
women were hanged - in Iran and Egypt during 2014. Iran also carried out a number of public
hangings of men. Sadly, the majority of those hanged in the 21st century have still had to die by
strangulation, particularly in Iran. It is estimated that only 72 of the hangings during 2014 used a
drop designed to break the prisoner's neck.
The stage of punishment is the final process of the criminal jurisprudence system. As is well-
known one of the fundamental tenets of criminal law is that a person is considered innocent until
proved guilty. The nature of proof requires that the evidence must prove beyond reasonable
doubt the guilt of the person accused of various offences.
The method of proof is through conduct of trial. Once the court comes to a conclusion based on
evaluation of the evidence, admitted before it, that the accusations are proved against the
accused, it has to decide on the quantum of punishment to be awarded to the accused. The
principles determining the nature and extent of punishment to be prescribed by the trial court
are to be found in chapter III of the Indian Penal Code 1860.
Capital Punishment is one of those subjects of human concern which give rise to an endless
debate without producing any conclusions. To abolish or not to abolish is the problem which
has been faced in many countries. Imprisonment as a form of punishment is of relatively origin
and got prominence as a result of the decreasing use of capital punishment and transportation
in most countries during the last century or so. The traditional concept of prisons was different
from the one in which it has been understood since the middle of the last century.
The most serious problem associated with imprisonment is what has been termed as
“prisonisation”. The prisoner introduced to a new environment which has its own culture and
values is affected by the direct impact on the earlier culture which the prisoners was exposed to
before the jail resulting in ”acculturation” of the offender. Fines as an addition or alternative
form of punishment have been increasingly favoured by the law as well as judicial authorities.
Prisons in India, and their administration, is a state subject covered by item 4 under the State
List in the Seventh Schedule of the Constitution of India. The management and administration
of prisons falls exclusively in the domain of the State governments, and is governed by the
Prisons Act, 1894 and the Prison manuals of the respective state governments. Thus, states
have the primary role, responsibility and authority to change the current prison laws, rules and
regulations. The Central Government provides assistance to the states to improve security in
prisons, for the repair and renovation of old prisons, medical facilities, development of borstal
schools, facilities to women offenders, vocational training, modernization of prison industries,
training to prison personnel, and for the creation of high security enclosures.
A radical feature of the new prison philosophy is the emergence of “open Prisons” in many parts
of the world including India. A prison, as such stands for containment of prisoners, i.e. to keep
them out of circulation and hence “open prison” is a contradiction in terms. “Containment” of
convicts is still the dominant objective in the minds of prison administrators and quite frequently
to other professed objectives like the rehabilitative ideal are sacrificed to attain it.
The open prisons in the beginning were not truly open but they were in the nature of “minimum
security” prisons. In India, a beginning in the open prisons system was made in 1952 under the
inspiration of Dr. Sampurnanand when a camp was opened at Chakia in the Varanasi District of
Uttar Pradesh. The inmates were allowed to work on their own or inlocal factories and wages
were paid to them.
Prison Labour in India viewed in the beginning as a tool of punishment in order to serve as a
deterrent to the inmates. A typical illustrations of the approach to the problem was provided by
the somewhat cynical and skeptical view expressed by Macaulay in his Minute of 1835.
According to Macaulay, the experiment of prison labour in terms of acquisition of gainful skills
by the prisoners was to prove either successful or otherwise and in earlier case it was an
undesirable consequence. The rules regarding conduct must be clearly defined and explained
to inmates, and each prisoner must be provided with a written list of the rules when entering a
correctional facility. Disciplinary rules must relate to the needs of security, good order, and good
housekeeping.
A prisoner accused of breaking rules does not have all the rights of an accused at trial because
a prison disciplinary proceeding is not the same as a criminal prosecution. Inmates are not
entitled to an attorney at disciplinary hearings, nor are they entitled to confront or crossexamine
the witnesses against them. Prisoners must be given notice of the charges against them, the
particular rules they are charged with violating, and the penalties for such infractions. A hearing
can be informal for small infractions. The ordinary procedure is for the fact finder to write a
statement that explains the evidence relied on and the reason for any disciplinary action taken.
The punishment must reasonably relate to the seriousness of the infraction.
Appraisal is nothing but assessment, evaluation or review of the system followed in the criminal
improsonment system as a mode of punishment. Imprisonment in its pure and simple form is a
kind of punitive reaction, its object being primarily to deprive the offender of his liberty which is
the most serious damage which can be caused to a human being, next only to deprivationof life
by the death sentence. The traditional concept of prisons was different from the one in which it
has been understood since the emiddle of the last century.
4.6 TECHNICALTERMS
Transgression
Potention
Abolished
Mutilation
Rigorous
Evaluation
Crusade
Prominence
Vague
Habitual
Contradiction
Pioneering
Violating
Penalty
1.Explain the nature of punishment? What are the essential elements of the Corporal
Punishment and Transportation of offender?
2. Describe the different types of Punishments under the Indian Criminal Law System?
3. Classify the prisoners? And Explain the different types of Prisoners Rights?
4. what are the important characters of the open prisons and prison labour?
5. What are the consequences of the prison code violations by prisoners in Indian Criminal
System?
6. Explain the Jail Manual and its importance in India?
4.8 REFERENCE BOOKS
1.S.M.A. Qadri - Criminology and Penology.
2.Katherine S Williams - Text Book on Criminology.
3. Waslker N – Crime and Criminology.
4. Siddique - Society and the criminal.
5. P. Rajgopal - Violence and Response: A Critique of Indian Criminal Justice System.
LESSON WRITER
M.A., M.H.R.M., M.A., LL.M., Ph.D. (Law)
Assistant Professor
College of Law, KL University,
Guntur, A.P.
Criminology & Penology 5.1 Treatment of Correction of Offenders
CHAPTER – 5
TREATMENT OF CORRECTION OF OFFENDERS
5.0 OBJECTIVE
To Know
The need of reformation of offenders.
The need for rehabilitation of offenders.
The classification of offenders through diagnostic methods.
The offenders treatment through the psychiatrists and psychoanalysts
The role of social workers in prison.
The vocational and apprenticeship programs for the offenders.
The group counseling helpful to the offenders.
The other substitutes to the punishment of offenders.
The prisoners organization for self government.
STRUCTURE
5.1. The need for reformation and rehabilitation of offenders undergoing punishment or
imprisonment.
5.2. Classification of offenders through modern diagnostic techniques.
5.3. The role of psychiatrists, psychoanalysts and social workers in the prison.
5.4. Vocational and religious education and apprenticeship programs for the offenders.
5.5. Group counseling and resocialisation programs.
5.6. Prisoners organizations for self government.
5.7. Participation of inmates in community services.
5.8. An appraisal of reformative techniques.
5.9. Efficacy of imprisonment as a measure to combat criminality and the search for
substitutes.
5.1. THE NEED FOR REFORMATION AND REHABILITATION OF

OFFENDERS UNDERGOING PUNISHMENT OR IMPRISONMENT
The concept of rehabilitation rests on the assumption that criminal behaviour is caused by some
factor. This perspective does not deny that people make choices to break the law, but it does
assert that these choices are not a matter of pure “free will”. Instead, the decision to commit a
crime is held to be determined, or at least heavily influenced by a person’s social surrounding.
the psychological development or biological makeup. People are not all the same and thus free
to express their will but rather are different. These individual differences shape how people
behave including whether they are likely to break the law. When people are characterized by
various criminogenic risk factors – such as a lack of parental love and supervision, exposure to
delinquent peers, the internalization of antisocial values or an impulsive temperament they are
more likely to become involved in crime than people not having these experiences and traits.
The rehabilitation model makes sense only if criminal behaviour is caused and not merely a
freely willed, rational choice. If crime were a matter of free choices, then there would be nothing
within particular individuals to be fixed or changed. But if involvement in crime is caused by
various factors, then logically re-offending can be reduced if correctional interventions are able
to after these factors and how they have influenced offenders. For example, if associations with
delinquent peers cause youths to internalize crime causing beliefs then diverting youths to other
peer groups and changing these beliefs can inhibit their return to criminal behaviour.
Sometimes rehabilitation said to embrace a medical model when people are physically ill, the
causes of their illness are diagnosed and then treated. Each person’s medical problems may
be different and the treatment will differ accordingly, that is the medical intervention is
individualized. Thus, people with the same illness may depending on their personal conditions
e.g. age, prior health, receive different medicines and stay in the hospital different lengths of
time. Correctional rehabilitation shares the same logic. Causes are to be uncovered and
treatments are to be individualized. This is why rehabilitation is also referred to as treatment.
Correctional and medical treatment are alike in one other way they assume that experts,
scientifically trained in the relevant knowledge on how to treat their clients, will guide the
individualized treatment that would take place. In medicine, this commitment to training
physicians in scientific expertise has been institutionalized with doctors required to attend
medical school. In corrections, however, such professionalization generally is absent or only
partially accomplished.
The distinctiveness of rehabilitation can also be seen by contrasting it with three other
correctional perspectives that, along with rehabilitation are generally seen as the major goals of
corrections.
1) The first goal, retribution or just deserts is distinctive in its own right because it is non
utilitarian that is, it is not a means to achieving some end in this case, the reduction of
crime, but rather is seen as an end in and of itself. The purpose of correctional
sanctions is thus to inflict a punishment on the offender so that the harm the offender
has caused will be paid back and the scales of justice balanced. In this case,
punishment inflicting pain on the offender is seen as an end in and of itself. The
purpose of correctional sanctions is thus to inflict a punishment on the offender so that
the harm the offender has caused will be paid back and the scales of justice balanced.
In this case, punishment inflicting pain on the offender is seen as justified because the
individual used his or her free will to choose to break the law.
2) The second goal, deterrence, is utilitarian and asserts that punishing offenders will
cause them not to return to crime because they will have been taught that crime does
not pay. Note that deterrence assumes that offenders are rational in that increasing the
cost of crime usually through more certain and severe penalties will cause offenders to
choose to go straight out of fear that future criminality will prove too painful. This is
called specific deterrence. When other people in society refrain from crime because
they witness offender’s punishment and fear suffering a similar fate, this is called
general deterrence.
3) Finally, the third goal, incapacitation makes no assumption about offenders and why
they committed crimes. Instead, it seeks to achieve the utilitarian goal of reducing crime
by caging or incarcerating offenders. If behind bars and thus incapacitated crime will be
impossible because the offender is not free in society where innocent citizens can be
criminally victimized.
In comparison, rehabilitation differs from retribution, but is similar to deterrence and
incapacitation in that it is a utilitarian goal, with the utility or benefit for society being the
reduction of crime. It fundamentally differs from the other three perspectives, however because
these other goals make no attempt to change or otherwise improve offenders. Instead, they
inflict pain or punishment on offenders either for a reason or as a consequence of the penalty.
In contrast, rehabilitation seeks to assist both offenders and society. By treating offenders, they
hope to give them the attitudes and skills to avoid crime and live a productive life. At times, this
attempt to help offenders exposes rehabilitation to the charge that it coddles criminals. This
view is shortsighted, however because correctional rehabilitation’s focus is not simply on
lawbreakers but also on protecting society by making offenders less criminal, fewer people will
be victimized and society will as a result be safer.
The study of the problems faced by the prisoners after release and the reasons for
committing crime guided Tihar Jail Administration to initiate steps, which can go a long way in
rehabilitating the prisoners after their release. Various trades are taught to convicts in the Jail
Factory itself in Jail No. 2. In addition a programme for teaching various trades was started in
other jails also both for convicts as well as undertrials. This programme includes pen
manufacturing, book binding, manure making, screen printing, envelope making, tailoring and
cutting, shoe-making etc. which has not only resulted in learning a trade but also provided
monetary gains to the prisoners. For the post-release rehabilitation of the prisoners, the Social
Welfare Department of Delhi Govt. provides loans for setting up self-employed units.
5.2. CLASSIFICATION OF OFFENDERS THROUGH MODERN

DIAGNOSTIC TECHNIQUES
Based on published research statistics by the Georgia Department of Corrections, inmates who
are being diagnosed and classified undergo a battery of tests and diagnostic questionnaires.
Tests and diagnostic notations include: the culture fair IQ test; Wide Range Achievement Test
(WRAT) (reading, math, and spelling); scope of substance abuse (summary & detailed report);
latest mental health treatment; PULHESDWIT medical scale; criminality, alcoholism, and/or
drug abuse in immediate family; one or both parents absent during childhood; manipulative or
assaultive tendency diagnostics; and criminal history report with prior incarcerations and a full
account of all previous and current offenses.
The Georgia Diagnostic and Classification Prison serves as a central hub where
sentenced felons begin the process of being admitted into the Georgia State Correctional
System.
Numerous county jails are paid by the state to house sentenced felons until space
becomes available in the prison system. Sentenced felons may spend years in local jails until
housing space becomes available in the state prison system. While at GDCP, inmates are
either in the process of being classified and tested, or they are assigned as a "permanent."
Those inmates who are 'permanents' will serve their entire sentence at the GDCP, while the
remainder of inmates will be tested and then moved to other prisons based on their
classifications.
In official Norwegian government reports’ prison statistics, it is claimed that the

prevalence of Dissocial Personality Disorder (DPD) or Antisocial Personality Disorder (APD)
among inmates in preventive detention is approximately 50%. Furthermore, previous findings
have described a practice in which forensic examiners use the DSM SCID axis II for APD to
confirm an ICD 10 diagnosis of DPD. Clinical investigation supported by the use of SCID Axis II
for quality assurance was performed on almost half the population of inmates (46.4%) in
preventive detention at a high security prison. The inmates had all committed severe violent
acts including murder. All the information obtained by applying the DSM IV-TR criteria was
tested against the ICD-10 Research Criteria (ICD-10-RC) for Dissocial Personality Disorder
(ICD-10, DPD).
It was found that all inmates met the ICD-10-RC for (DPD) and the DSM-IV-TR definition
for Adult Antisocial Behavior (AAB). On the other hand, none met the DSM-IV-TR criteria for
(APD). The SCID Axis II failed to identify inmates with APD because the DSM-IV-TR C-criteria,
referring to symptoms of childhood Conduct Disorder (CD), were not met. These findings raise
important questions since the choice of diagnostic system may influence whether a person’s
clinically described antisocial behaviour should be classified as a personality disorder or not.
For the inmates, a diagnosis of APD or DPD may compromise their legal rights and affect
decisions on prolongation of the preventive detention. Studies have shown that combining the
DSM and the ICD diagnostic systems may have consequences for the reliability of the
diagnosis.
5.3. THE ROLE OF PSYCHIATRISTS, PSYCHOANALYSTS AND

SOCIAL WORKERS IN THE PRISON
The Role of Psychiatrists:
Some prisons most challenging inmate-patients-those who are a danger to themselves other or
gravely disabled. This means that all of current patients:
1. Have active suicidal ideation, intent or plans.

2. Have homicidal ideation intent or plans to hurt others, or
3. As a result of a mental disorder are not making using of food, clothing shelter or other
activities of daily living even though all of those items are made available.
Each inmate entering the State's prison system receives a quick mental health screening.
This is a quick assessment designed to evaluate for major mental health disorders such
as Bipolar Disorder, Schizophrenia and Major Depressive Disorder. The inmate is then given a
screener for potential developmental delays. This is important because inmates with
limited cognitive functioning are at increased risk for victimization. They may also need a staff
member to assist them with hearings, daily grooming, following directions and/or writing.
There are plenty of emergencies in prison. Psychologists and Psychiatrists are on call to
respond to mental health crises. These may entail calls for suicidal ideation, homicidal ideation,
grave disability, victimization, rape, major depression, mania, panic attacks, grief, break ups or
death of a loved one. In addition, there is a strong prison culture part of which demands that
there is ‘no crying in prison'. Inmates are only ‘allowed' to cry when their mom dies. Crying at
any other time puts them at risk for harm by other inmates. Custody officers will refer an inmate
as an emergency if he is caught crying or exhibiting other unusual or nonconforming behavior
such as using racial slurs at targeted groups, poor hygiene, urinating in a common area, etc.
Inmates who are referred to mental health receive an intake evaluation to determine
whether or not they have a diagnosis needing treatment. These intakes are very similar to those
used in community mental health or private practice. If necessary, a treatment plan is created
and referrals are provided.
Individual and group therapy is available to inmates using mental health services. Many
inmates suffer from hard to treat personality disorders, particularly Antisocial, Narcissistic,
and Borderline Personality Disorders. Even more are coping with drug addiction and
polysubstance dependence. Some younger inmates or first time offenders suffer
from adjustment disorder. We see a variety of other disorders, particularly Bipolar I and II,
Schizophrenia (Paranoid and Disorganized types), Schizoaffective Disorder, Generalized
Anxiety Disorder, Substance Induced Psychotic Disorders and Major Depression. Personally, I
conduct both individual and group therapy. I also still facilitate a group for inmates serving life in
prison.
Role of Psychoanalytical Approach:

The psychoanalytical approach is based on certain concepts formulated by Sigmund
Freud. According to him, id is the source of basic biological drives in a human being and is
present at the time of birth and also operates in the unconscious state. Throughout the life the
id constantly seeks expression of a social drive. The viewpoint that we are all potential
criminals is not potential criminals is not peculiar psychoanalytical approach alone but has been
expressed by many other philosophers and writers. The Great German thinker Goethe
observed, “There is no crime of which I do not deem myself capable”. Dostoievsky in his novel
The Brothers Karamazov wrote:
“Nobody in the world can be the judge of the criminal before he has realized that he
himself is as much a criminal as the one who confronts him….. Everyone pretends to hate evil,
but deepl down they all like it, all of them.”
Ego is the conscious personality an attitude which grows out of contact with the material
and social world. Arising out of relations of the id and ego the super ego reflects the mores of
the group shaping the individual’s social experience. The ego mediates between id, the control
from the super ego and social processes within the community. With basic weakness of ego or
when ego function is impaired due to fatigue, physical illness, intoxication, psychological conflict
or any other cause, personality problems arise resulting in socially disapproved behaviour.
In times of social upheaval, the restraints exercised by society are diminished while
temptations are increased. External restraints against anti-social behaviour are weakened as a
result of inefficient corrupt law enforcement resulting in an increase in the crime rate. For
example, during the Boston police strike in the USA, an immediate rise in the number of crimes
was produced.
The adherents of the approach to hold the view that no other approach is capable of
disclosing the whole truth about the criminal. The obvious merit of the psychoanalytical
approach is that social factors are also accommodated in the analysis of the ultimate personality
of the offender by taking into account the interaction of ego and super ego. The difficulty in the
application of psychoanalytical approach in cases of individual criminal behaviour is the fact that
it is quite difficult to examine the actual mental state of a person with the tools available to
psychoanalytical sciences at present. To investigate and measure emotion is an extremely
complex job. Besides the lack of proper tools, it has also to be appreciated that emotions and
feelings themselves may be in a flux and may undergo changes, for instance, while criminal
investigation is being carried out against a person.
The role of Social Workers:
The term “corrections” refers to the system response to individuals (women, men, and
young persons of both sexes) who have come into conflict with the law and have been
convicted of a crime. Individuals convicted of crimes may serve their sentences in correctional
institutions or under supervision in the community. In Canada, sentences of two years less a
day are administered by the provincial and territorial correctional systems, while sentences of
two years or more and long-term supervision orders are administered by the federal correctional
system. The correctional system is one component of the larger criminal justice system and is
dedicated to improving public safety by helping offenders to become law-abiding citizens, while
exercising secure and humane control.
Social workers believe that community safety can be best achieved in a system that
places emphasis on individual accountability through personal development and growth, as well
as equal emphasis on accountability of the system. Social workers within corrections have to
continually balance the needs and interests of the individual in conflict with the law, the mandate
and focus of the various correctional agencies and organizations, the perspective of victims,
and obligations to the community, with an overriding emphasis on both public and personal
safety.
A social work ideal is to value the dignity and intrinsic worth of every individual and to be
respectful of diversity, while upholding an individual’s right to self-determination. Maintaining this
ideal can prove challenging within the field of corrections, which involves working with
individuals who have caused harm. Social workers believe that all individuals have the capacity
for self-improvement and that this can be facilitated within correctional systems.
The skills that social workers bring to the field of corrections are increasingly in demand
due to the greater focus on the mental and physical health care needs of individuals in conflict
with the law. The “person-in-environment” perspective that guides social work interventions,
which considers external influences, is unique and invaluable given that other professions in
corrections tend to focus primarily on the “individual”. A social worker’s scope of practice within
corrections is highly dynamic and includes intense workloads, management of sensitive
information, participation on interdisciplinary teams, and building community partnerships, with
opportunities to contribute to the advancement of evidence-based best practices.
Social work positions within corrections encompass a wide range of skills and
specialized services, including discharge planning, case management, program delivery,
individual/family/group counseling, crisis intervention, negotiation and mediation, teaching,
community capacity building, and advocacy (individual and systemic). There is a tendency for
social workers within the field of corrections to set priorities for services to sub-populations that
require specialized care and consideration, including persons with physical or mental health
challenges, developmental disabilities, or other cognitive impairments, seniors, youth, women,
Aboriginal peoples, and offenders convicted of sexual or violent offences. Service delivery has
to consider the increasingly adversarial, challenging, and litigious nature of the field of
corrections. Services are often delivered in autonomous and isolated settings, without access to
practice-specific leadership.
Many employment opportunities exist for social workers within corrections, and these
include: custodial assignments; residential counselors; case management, probation, parole,
and program officers; clinical positions; research and policy development; staff training and
recruitment; employee support networks (for example, Employee Assistance Programs and
Critical Incident Stress Management teams); administration and management. Most social
workers employed within corrections have diverse levels of academic training and are not
necessarily classified in “social work” positions. While the minimum requirement for employment
in a social work position is a Bachelor of Social Work degree, a Master of Social Work degree is
considered a strong asset. Registration with a provincial/territorial body is also required to
ensure accountability to Standards of Practice and a Code of Ethics.
5.4. VOCATIONAL AND RELIGIOUS EDUCATION AND

APPRENTICESHIP PROGRAMMES FOR THE OFFENDERS
In Tihar Jail both adult and formal education arrangements have been made for
prisoners. Educational activities are looked after with the help of Government resources as well
as NGO's participation. Study Centres of the Indira Gandhi National Open University (IGNOU),
New Delhi and National Institute of Open Schooling (NIOS), Delhi are established at Tihar
Prisons in which about 2640 and 1900 inmates students are enrolled respectively. Computer
training centres are also working in the Prisons for imparting computer education for prisoners.
The most important aspect of the education system in Tihar Jail is that educated
prisoners voluntarily teach less educated prisoners. An illiterate person landing in Tihar Jail can
look forward to being literate if his stay is more than a week. Library with the support of Non-
Governmental Organisations has been created in each jail. Capsule computer courses of six
months duration are provided to the willing and eligible inmates with the help of NGO Sterlite
Foundation. Many new courses like Bachelor or Art/ Commerce/Preparatory Programme
Diploma in Creative Writing in Hindi/English, Certificate in Human Rights, Masters in
Tourism/Management/Computers Post Graduate Diploma in Distance Education are the main

course studied in Tihar Jail.
Vocational classes in English/Hindi typing and Commercial Arts are conducted by

Directorate of Training & Technical Education and certificates are issued to successful
students.For spreading the Gandhian Philosophy, a Gandhi Centre has been established by
Gandhi Smriti and Darshan Samiti, Government of India at IGNOU ward. More than 500 books
on Gandhian philosophy were added to the library. Some of the inmates who joined the path of
'Reformation through Education' have been successfully rehabilitated. Expenditure on fees for
IGNOU / NIOS courses is borne by the Government. Study material like note-books, pens etc.
is also being provided free of cost to inmate students.Many dignitaries including Chief Minister,
Ministers, Director / Inspector General of various prisons, Judges, Vice-Chancellor of IGNOU,
Chairman NHRC, Media persons and NGOs of International organisations had visited the
centre during last one year and have appreciated the efforts of jail administration.
The educational activities form an integral part of the reformation programmes of Prison
department. The educational activity in Prisons are organized at different level for different
categories of prisoners like illiterates, neo-literates, semi-literates, literates and for those
desirous of getting higher education. There are study centers of Indira Gandhi National Open
University (IGNOU). National Institute of Open School (NIOS) from where a prisoner can purse
his studies and he is given certificate/degree for that course without mentioning the place of
examination i.e. jail. Literate inmates whose conduct is good help the Prison administration in
imparting education to other inmates. The imparting of education both formal and informal is an
important component of prisoner daily routine. Department of adult education, Ministry of
Human Resource Development is giving training to educated prisoners to enable them to teach
less educated and illiterate prisoners. Special attention is given to illiterate inmate so that he
may be able to read and write his name within a week time. Advance educational avenues are
available to prisoner so that if they want to pursue higher studies they may do so through
IGNOU etc. Special attention is given for the prisoner appearing for various competitive
examinations.
Creative Art Therapy, which is psycho-therapeutic in nature, is used in several settings.

In respect to prison setting, the therapy serves as a reformatory process in several ways. Firstly
and most importantly, it helps to express, channelize and ventilate him. One has to keep in mind
that anyone convicted or otherwise exiled from the rest of the world is initially bound to have
tremendous anger, aggression, and sense of helplessness, hopelessness and emotional
problems. Therefore, by encouraging and promoting Creative Art, the individual is able to
release his pent up emotions and realize his worth as 'self' having a positive desire of improving
himself both consciously and unconsciously.
5.5. GROUP COUNSELLING AND RESOCIALISATION PROGRAMMES

In Tihar Jail the system of counseling and resocialisation programmes are enforcing for the
Prisoners. Being sent to prison can be a traumatic and distressing experience for many people,
especially first-time prisoners. For this reason, there are a number of counselling and support
services available.
Each prisoner is assessed when they first arrive in a prison. The assessment means staff can
work out their security rating, uncover any health issues, work out what programs or education
they should take part in and find out if they need any help to cope better.
1) A counselling service, prison support officers and suicide prevention strategies are
available to prisoners who need extra support or who may be have thoughts of self-harm
or suicide.
2) Teams of social workers and psychologists work with health professionals, prison
officers and other staff to help prisoners deal with difficulties they might experience while
in prison.
3) Prisoners have access to a range of services to help them cope. One of these is prison
support officers - Aboriginal employees who can be found at prisons around the State.
Their main role is suicide prevention and they work closely with prison officers, nursing
staff and the Prison Counselling Service.
4) Prison support officers also manage the peer support teams. Peer support prisoners are
located at each prison to provide support to new arrivals and any other prisoner who is
having difficulties.
5) They are also part of the Prisoner At-Risk Group (PRAG) which manages all prisoners
at-risk of hurting themselves or others. For more information on this group, refer to
suicide prevention below.
6) The Prison Counselling Service provides individual counselling sessions for prisoners
who are having trouble coping in prison. It is made up of psychologists and social
workers and assesses prisoners to see if they have any self-harm, suicide or other risk
factors. If a prisoner is found to have any of these issues, the Service provides crisis
counselling and other help.
7) Prisoners also have the support of the Aboriginal Visitors Scheme, a team of Aboriginal
staff who provide support and culturally-appropriate advice to prisoners. To find out
more, refer to Aboriginal Visitors Scheme.
8) Prisoners who are at risk of self harm or suicide are placed on the At-Risk Management
System (ARMS) - a suicide prevention strategy for people in custody. They are offered
counselling and are closely watched while on the system.
9) Prisoners who need extra support or supervision to help them cope are put on the
Support and Monitoring System (SAMS) - a case management system to make sure
they receive the extra help and monitoring they need.
10) Chaplain services are available in all Western Australian prisons to offer religious, moral
and spiritual support.
11) Prisoners can meet with spiritual leaders from their chosen religion for services, pastoral
visits, religious instruction and private counseling. Access to recognized spiritual or tribal
elders is provided to Aboriginal and Torres Strait Islander prisoners.
5.6. PRISONERS ORGANIZATIONS FOR SELF GOVERNMENT

Imprisonment often takes away the basic liberties of human rights as declared in the Universal
Declaration of Human Rights. Many inmates in the U.S. prison system have voiced the
inhumane conditions that they were subjected to during their time. While prisons enforce and
encourage inmates to receive counseling sessions to regain their confidence and find ways to
reintegrate into the society again, many inmates expressed that their hard-earned self-esteem is
regularly stripped away by the prison policies. Some women prisoners have voiced that even
though it seems nice to be able to leave the prison complex for a while, they would rather not
leave the penal institutions complex because of the degrading strip search that awaits them
upon their return. For those who have experience sexual abuse, the obligatory search brings up
traumatic experiences and episodes. Similar to this example, many inmates are subjected to
unfair treatments and abuse from prison guards.
Incarceration affects the financial circumstances of families by means of taking away financial
sources, thus putting the families of incarcerated into an endless cycle of poverty,
marginalization and criminality. The socioeconomic situations of nations are thus greatly
impacted. Mass incarceration has been found to decrease the overall economic circumstances
of families. With the increase and spike of incarceration rates, many families continue to fall
below the official poverty rate, thereby magnifying the hourglass economy.
Financial circumstances are not the only factor affected when one is imprisoned. Many
offenders who enter prisons have existing health conditions which they hope to seek treatment
for during their time served, as financial circumstances do not allow them to regularly receive
medical help. However, their conditions only continue to worsen after their time at penal
institutions. Due to the increased, overcrowded populations of prisons and the lack of medical
personnel, many of the prisoners' conditions deteriorate. The conditions of these inmates upon
release will only further worsen public health rates increasing the incidences of HIV infections,
substance abuse and tuberculosis on the society.
Many groups and organizations have stepped forward to push for an end to incarceration.
These groups, for example, the Anarchist Black Cross have developed a strong passion to
abolish the prison system completely. Research done by many professionals, particularly from
that of the legal, political science and criminal justice field have shown that Alternatives to
Incarceration bring more benefits to the society in the long run as compared to imprisonment.
The prison abolition movement is not only driven by the benefits that released inmates will have
when re-integrating back to the society but also through the restructuration of the economy and
the activation of anti globalization movements.
5.7. PARTICIPATION OF INMATES IN COMMUNITY SERVICES

Prisoners are encouraged to participate in the management of their welfare activities. Sense of
responsibility is inculcated in the prisoners to prepare them for social integration. Prisoners
bodies called "Panchayats" are constituted to help prison administration in the field of
education, vocational education, legal counseling, kitchen, public works etc. Once in every year
a Mahapanchayat is organised in all Central Jail on rotational basis, in which panchayat
members of all Tihar Prisons participated along with about 2000 prisoners to discuss problems
of prisoners. The Mahapanchayat was an open meeting of prisoners taken by DG (Prisons) and
it was held in the presence of electronic and print media. This gives an opportunity to all the
prisoners to air their grievances before the head of the Prisons Administration i.e. "The
Sarpanch". All such suggestions/Grievances are sympathetically heard and immediate
redressal actions are initiated. Besides giving the prisoners a sense of pride it also helps in
letting the steam off which may otherwise lead to serious consequences, if allowed to
accumulate. The prisons look like a self-contained Indian village where the prisoners
themselves regulate their welfare activities under the guidance of prison officials. The prisoners
themselves manage prisoner welfare canteens.
1) Using supervised nonviolent prison inmates to clean up public places and perform
community service results in these areas being more attractive, safer places to live and
provides an opportunity for inmates to make restitution to the community.
2) Cleaning up public areas can result in lower crime rates. Street crime occurs mostly in
poorly lighted, abandoned sections of town where there are not many people. If
abandoned houses are torn down, parks are cleaned up, and lots are cleared, people
will use these areas again. When public spaces are used for legitimate purposes,
criminals are less likely to conduct their activities in them, thereby reducing crime. The
impact of implementing such a strategy is not only having a cleaner, more attractive
community, but also having safer schools, streets, and parks.
3) The main objective of this strategy is to use inmate labor to perform services throughout
the community, such as building playground equipment, cleaning up trash, or planting
greenery. Nonviolent inmates are selected to go out into the community and perform
these services under the supervision of a deputy sheriff.
4) The key partners in this strategy are city environmental control officers, sheriffs, and
inmates. The mayor can provide city equipment needed, and the citizens' cooperation is
needed to find problem areas and report them to the sheriff.
5) When a strategy involves using inmates to perform jobs in the public view, it must be
anticipated that the public will be skeptical and fearful. To overcome this, discuss
precautions up front and show the positive results. Also, equipment can be rather
expensive. Pursuing a grant can offset a city's limited budget.
In Bristol, Virginia [population 18,000], the inmate clean-up program was first started in
1994 after there had been many complaints of crime in dilapidated areas. Citizens report areas
of concern to the sheriff. The sheriff then checks with the environmental control officer who
investigates code violations, such as overgrown lots, excess trash, or abandoned vehicles. If
violations exist, the deputy sheriff brings his or her team of county jail inmates in to clean up the
site.
5.8. AN APPRAISALOF REFORMATIVE TECHNIQUES

In Tihar Jail for cleansing and disciplining mind, Yoga and meditation classes were started in a
big way with the help of various voluntary organisations. In the year 1994 Tihar Jail created a
history by organising a Vipassana Meditation camp for more than one thousand prisoners.
Since then a permanent Vipassana center has been opened in Tihar Jail No.4, where two
courses of ten days duration are organised regularly. In the year 1998, Sh. Satya Narain
Goenka, teacher of Vipassana, inaugurated "Pagodas" meditation cells in the center. Staff
members are also encouraged, to attend meditation courses. Meditation groups like Brahma
Kumari Ishwariya Vishvavidyalaya, Divya Jyoti Jagriti Sansthan, Sahaj Yoga Kendra have also
opened their branches in Jails for imparting moral education, counseling and techniques of
meditation to the prisoners. This has helped many prisoners in changing the whole approach to
life.
Sport activities form an integral part all management. Inter Jail sport competitions are
organized in different games which are christened as Tihar Olympic. The games like cricket,
Badminton, Volley ball, Basket Ball, Table Tennis, Chess, Kho-Kho, Kabaddi, Tug of War etc.
are regularity played. The prisoner's participation in games and sports activities within the
prisons took a big jump with the organization of inter-ward and inter-jail competitions twice a
year for the last over five years. In all the prisons, sports like volleyball, cricket, basketball, kho-
kho, kabbaddi, chess, carom etc. are organised during winter sports festivals, which are
popularly known in the jail as "Tihar Olympics". Inter jail cultural meets titled "Ethnic Tihar" are
held during spring season every year in which competitions in music, dance, sher-o-shairi,
quawali, painting, quiz etc. are organised for inmates. Eminent personalities from the field of
sports and culture are invited on these occasions to encourage the prisoners to take part in the
sports and cultural events, to foster their physical, mental and cultural development and
inculcate discipline.
All Religious and National festivals are celebrated by one and all inside the prisons. On
Republic Day and Independence Day National Flag is hoisted in all the prisons. All religious
festivals like Holi, Diwali, Id, Guru Parv, X-mas etc. are celebrated by one and all. On
Rakshbandhan Day sisters/ brothers are allowed to meet the inmates and tie Rakhies. Sweets
are prepared inside the prisons and sold to the visitors. This is a big occasion which helps the
jail administration to convey to the prisoners that "We Care".
5.9. EFFICACY OF IMPRISONMENT AS A MEASURE TO COMBAT

CRIMINALITY AND THE SEARCH FOR SUBSTITUTES
Criminal sentences may involve one or more different elements, including incarceration (prison,
jail), probation, restitution (victim compensation), and community service. Committing a crime
doesn’t always mean doing time. While a criminal conviction usually carries a sentence of some
sort, there are alternatives to prison. Sometimes alternative methods are used alone, or are
combined. The object stays the same, which is to provide punishment, preserve the best
chance for rehabilitation, and to serve the best interest of the public.
Crime is expensive, from the impact on victims, costs to society and to the criminal. Dollars and
cents expenses are a primary driving force behind prison alternatives. Some options cost
dollars per day, and can’t even be compared with the cost of keeping someone in prison.
Program costs may even be low enough that fees charged to those participating in the plans
make a difference in operating budgets. State law may require a convict to pay monthly
administrative fees, and a portion of wages earned while serving a sentence.
Part of the rationale behind criminal sentences is rehabilitation. Often programs outside prison
walls have the highest success rates and keep those convicted from getting into more trouble
with the law. Prison alternatives are aimed at turning offenders into lawful citizens. Many options
are more intense and carry stricter conditions than probation alone. Probation is the suspension
of a prison sentence, subject to someone following conditions. Probation can be part of an
alternative prison program, however.
A sentence can consist of one alternative or a combination of two or more methods. Other
alternative sentences can include methods such as boot camps, community service and public
shaming. In boot camp, offenders complete a strict program of exercise, education and
counseling, and can qualify for probation. Paid and unpaid community service work can be a
punishment itself or combined with other measures. Shaming may be used for minor offenses,
and involves publicizing an offense on a billboard or making someone wear a sign or placard.
There are many benefits of alternatives to incarceration. These benefits can be summarized in
four categories: judicial, economic, social, and safety.
In the situation where courts are unable to decide which punishment best fits a specific case, a
wide array of sentencing options is the best solution. Without other options, limiting both violent
and non-violent, serious and non-serious crimes to the same prison sentence will cause not
only turbulence in prison, but dissatisfaction in prisoners. Limiting consequences of crime to
only imprisonment may lead to oversimplification of diverse and complicated crimes, resulting in
the situation above. For a court to truly be cost-effective, fair, and efficient, other options like
rehabilitation may be more favorable. For example, in the case of non-violent cases where an
offender has some mental health issue, a mental health court would be a better solution.
It is also possible for alternatives to incarceration to save money and keep government lean.
The majority of adults, eight out of ten, believe that alternatives to incarceration, including
systems like probation and community service are more appropriate sentences for nonviolent
offenders. In general, the public is inclined towards being more lenient and more helpful for
those that do not directly and immediately pose a threat to their communities. A majority
believes using an alternative is a better option, which means that any systematic change
towards that direction would be well-accepted and approved by citizens. A push for alternatives
to incarceration in politics would lead to a more cohesive viewpoint between society and
government policy.
Whereas prison does not have focused efforts designed to reform and redirect criminals
towards better futures, oftentimes alternatives to incarceration do. A system like a drug court is
a more reasonable way to treat certain types of offenders, ensuring that their behavior improves
upon their release. Because these systems are designed specifically to reform and improve an
individual's mindset, they lead to better results than a prison, which is solely designed to punish
an individual's mindset, and remove them from their personal communities. This leads to a safer
environment for everyone when these offenders finish their respective sentences and return to
society.
5.10 SUMMARY
The concept of rehabilitation rests on the assumption that criminal behaviour is caused by some
factor. This perspective does not deny that people make choices to break the law, but it does
assert that these choices are not a matter of pure “free will”. Instead, the decision to commit a
crime is held to be determined, or at least heavily influenced by a person’s social surrounding.
the psychological development or biological makeup. People are not all the same and thus free
to express their will but rather are different. These individual differences shape how people
behave including whether they are likely to break the law. When people are characterized by
various criminogenic risk factors – such as a lack of parental love and supervision, exposure to
delinquent peers, the internalization of antisocial values or an impulsive temperament they are
more likely to become involved in crime than people not having these experiences and traits.
The rehabilitation model makes sense only if criminal behaviour is caused and not merely a
freely willed, rational choice. If crime were a matter of free choices, then there would be nothing
within particular individuals to be fixed or changed. But if involvement in crime is caused by
various factors, then logically re-offending can be reduced if correctional interventions are able
to after these factors and how they have influenced offenders. For example, if associations with
delinquent peers cause youths to internalize crime causing beliefs then diverting youths to other
peer groups and changing these beliefs can inhibit their return to criminal behaviour.
There are plenty of emergencies in prison. Psychologists and Psychiatrists are on call to
respond to mental health crises. These may entail calls for suicidal ideation, homicidal ideation,
grave disability, victimization, rape, major depression, mania, panic attacks, grief, break ups or
death of a loved one. In addition, there is a strong prison culture part of which demands that
there is ‘no crying in prison'. Inmates are only ‘allowed' to cry when their mom dies. Crying at
any other time puts them at risk for harm by other inmates. Custody officers will refer an inmate
as an emergency if he is caught crying or exhibiting other unusual or nonconforming behavior
such as using racial slurs at targeted groups, poor hygiene, urinating in a common area, etc.
Inmates who are referred to mental health receive an intake evaluation to determine whether or
not they have a diagnosis needing treatment. These intakes are very similar to those used in
community mental health or private practice. If necessary, a treatment plan is created and
referrals are provided.
Social workers believe that community safety can be best achieved in a system that places
emphasis on individual accountability through personal development and growth, as well as
equal emphasis on accountability of the system. Social workers within corrections have to
continually balance the needs and interests of the individual in conflict with the law, the mandate
and focus of the various correctional agencies and organizations, the perspective of victims,
and obligations to the community, with an overriding emphasis on both public and personal
safety.
A social work ideal is to value the dignity and intrinsic worth of every individual and to be
respectful of diversity, while upholding an individual’s right to self-determination. Maintaining this
ideal can prove challenging within the field of corrections, which involves working with
individuals who have caused harm. Social workers believe that all individuals have the capacity
for self-improvement and that this can be facilitated within correctional systems.
The educational activities form an integral part of the reformation programmes of Prison
department. The educational activity in Prisons are organized at different level for different
categories of prisoners like illiterates, neo-literates, semi-literates, literates and for those
desirous of getting higher education. There are study centers of Indira Gandhi National Open
University (IGNOU). National Institute of Open School (NIOS) from where a prisoner can purse
his studies and he is given certificate/degree for that course without mentioning the place of
examination i.e. jail. Literate inmates whose conduct is good help the Prison administration in
imparting education to other inmates. The imparting of education both formal and informal is an
important component of prisoner daily routine. Department of adult education, Ministry of

Human Resource Development is giving training to educated prisoners to enable them to teach
less educated and illiterate prisoners. Special attention is given to illiterate inmate so that he
may be able to read and write his name within a week time. Advance educational avenues are
available to prisoner so that if they want to pursue higher studies they may do so through
IGNOU etc. Special attention is given for the prisoner appearing for various competitive
examinations.
Imprisonment often takes away the basic liberties of human rights as declared in the Universal
Declaration of Human Rights. Many inmates in the U.S. prison system have voiced the
inhumane conditions that they were subjected to during their time. While prisons enforce and
encourage inmates to receive counseling sessions to regain their confidence and find ways to
reintegrate into the society again, many inmates expressed that their hard-earned self-esteem is
regularly stripped away by the prison policies. Some women prisoners have voiced that even
though it seems nice to be able to leave the prison complex for a while, they would rather not
leave the penal institutions complex because of the degrading strip search that awaits them
upon their return. For those who have experience sexual abuse, the obligatory search brings up
traumatic experiences and episodes. Similar to this example, many inmates are subjected to
unfair treatments and abuse from prison guards.
Criminal sentences may involve one or more different elements, including incarceration (prison,
jail), probation, restitution (victim compensation), and community service. Committing a crime
doesn’t always mean doing time. While a criminal conviction usually carries a sentence of some
sort, there are alternatives to prison. Sometimes alternative methods are used alone, or are
combined. The object stays the same, which is to provide punishment, preserve the best
chance for rehabilitation, and to serve the best interest of the public.
5.11 TECHNICAL TERMS

Rehabilitation
Diagnosed
Retribution
Incarceration
Organization
Inmate
Emotional
Reformatory
Liberties
Integration
Redress
Accumulate
Administration

1.What is the reformative and rehabilitation of the offenders in India?
2. Explain the role of the psychiatrists for treatment of prisoners?
3. The Need of Social Workers for the prisoner’s reformation in India?
4. Vocation and Educational Programs helpful to the treatment of resocioliosation of Prisoners?
Do You Agree? Explain it?
5. The punishment is not the correct way of prisoner’s reformations in India? Explain the
alternatives of the imprisonment?
5.13 SUGGESTED READINGS

1. Katherine S. Williams – Text Book on Criminology.
2. S.R. Rao – Crime in our Society.
3. Hall J. – Law, Social Science and Criminal Theory.
4. J>M> Sethna – Society and the Criminal.
LESSON WRITER

M.A.,M.H.R.M.,M.A.,LL.M., Ph.D (LAW)
Assistant Professor
Guntur.
Criminology & Penology 6.1 Resocialisation Processess
CHAPTER – 6
RESOCIALISATION PROCESSESS
6.0 OBJECTIVE
To Know
The meaning and nature of Parole
The understanding of the authority of granting parole
The problems of the released offender
The role of NGOs and Prisoner aid societies.
The role of the Government.
The attitude of the community towards the released offender
STRUCTURE
6.1. Parole
6.1.1. Nature of Parole
6.1.2. Authority for Granting Parole
6.2. Release of the offender
6.2.1. Problems of the Release offender
6.2.2. Attitudes of the community towards released offender
6.2.3. Prisoner aid societies and other voluntary organizations
6.2.4. Government Action
6.2.5. An Appraisal
6.3 Summary
6.4 Technical Terms
6.6 Reference Books
6.1.1. NATURE OF PAROLE

Parole is releasing a prisoner from the prison into the community under certain conditions for a
specific period, after he has served a portion of the prison sentence. Conventionally parole is
described as the granting of a privilege of release for a short period rather than a right. Release
on parole is granted in return for an offender’s compliance with rules in the prison. After release
on parole, the parolee continues to be subject to the threat of penal confinement, if official
expectations are not fulfilled. The supervision by an agent of a correctional agency is supposed
to serve the parolee’s interests by offering guidance and assistance.
The important characteristics of the parole system are:
1. Release from prison after completing a specified portion of prison sentence.

2. Imposition of certain conditions for behaviour.
3. Remaining under the control of officials of prison/correctional institution or supervision by
probation or a police officer.
4. Returning to prison after completing the parole term.
The objectives of the parole are:
1) To check frustrations and attitudes of bitterness and hopelessness among long-term

prisoners;
2) To enable an offender to live with his family members during emergencies, particularly at
the time of marriage, death, harvesting etc.
3) To help the offenders to gratify their varied needs;
4) To help the prison administration to use the strategy of parole-release as the carrot to
seek prisoners’ conformity to prison rules, to preserve internal order in prison, and to
motivate inmates to accept work assignments.
Thus parole is the release of an offender from the prison before the expiration of the term of
imprisonment. The main objective of the parole is rehabilitation of offenders. In this kind of
release of offender techniques, skilful supervision of selected offenders is involved outside the
prisons.
1) It is different from probation.

2) In probation, the offender is not sent to Jail after being found guilty and the decision to
grant probation is to be made by the court. But in Parole, the convict is released after
serving his sentence for some time and the release is not the result of any judicial
decision.
3) While on parole the prisoner lives at liberty subject to the conditions which may be
imposed by the parole order.
4) The term parole is also often used to express the idea of “furlough” granted to the
prisoners to visit their families for short periods while completing their terms of
imprisonment.
5) The objectively is to keep the prisoner in contact with society in general and his family in
particular which would not otherwise be possible in case of long imprisonment.
6) In particular, it is conductive to a normal sex life of the prisoner, not possible otherwise,
and an opportunity is also provided to the prisoner to make financial contribution to the
family by his earning outside the jail.
7) The object of the parole is to prepare the prisoner for adjustment to normal social life
outside the prison and did it, therefore signifies the transitory phase from imprisonment
to normal freedom.
6.1.2. AUTHORITY FOR GRANTING PAROLE
The decision to release a prisoner on parole is generally taken by a parole Board. In India
under the rules in force in some of the states, the opinion of the police department is also given
due consideration in taking the decision. The crucial question faced in making the decision, one
way or other is to be able to make the prediction regarding the outcome of release.
This involves the examination of issues, such as:
1) Whether the convict had profit by his stay in the institution;

2) Whether he was so reformed that he was unlikely to commit another offence;
3) What his behaviour was in the prison;
4) Whether any suitable employment awaited him on release;
5) Whether he had a home or other place to go;
6) Whether he told the truth when he was questioned by the parole board;
7) How serious his crime was and in what circumstances it was committed;
8) His appearance when interviewed by the board and what behaviour he had
demonstrated if he was already on parole in connection with another imprisonment.
Based on such above factors prediction tables have been developed in the United States of
America, Britain and some other countries. It should be evident that such tables have limited
utility and by no method is it possible to predict a situation involving a large number of variables
even with a reasonable amount of certainty. In fact, not many prisoners are able to get the
benefit of parole in India, a situation, to a great extent in terms of the rigidity of parole rules and
apathy of police officers.
Role of Courts
The courts in India have shown increasing interest in the use of parole by issuing directives to
the prison administrators in appropriate cases. In Hiralal Mallick vs. State of Bihar (1977 4 scc
44) the facts are as follows: At the time of the commission of the offence, the appellant was 12
years of age and having regard to his young age, the high court reduced the period of
imprisonment to four years (the trial court sentenced him to 8 years imprisonment). The
Supreme Court referred to the need for parole in such cases in the following words:
“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, becomes dehumanized. Therefore, we regard it as correctional desirable that this
appellant be granted parole and expect the authorities to give consideration to paroling out
periodically prisoners, particularly of the present type, for reasonable spells, subject to sufficient
safeguards ensuring their proper behaviour outside and prompt return inside”.
In Harish Singh vs. State of Haryana [(1993) 2 Chandigarh Cri. Cases 373] the Punjab and
Haryana high court held that the denial of parole on the filmsy ground that the prisoner’s release
would endanger the public order was not justified. In many other cases also High Court
rejected the government’s plea that the release on parole would endanger the public order.
In Baldev Singh vs. State of Punjab [(1993) 2 Chandigarh Cri. Cases 288] the Courts decision
signifying the judiciary’s close scrutiny of the government’s orders regarding parole to a
prisoner. Released on parole the prisoner overstayed outside the Jail for five days.
Empowered under the law, the jail administration deducted by way of punishment 10 days of
prisoner’s earned remission and the order was approved by the district judge in just one cryptic
sentence. Quashing the order since the judicial mind was not applied, the High Court held that
the district judge should have given his approval only after furnishing the reasons for the same.
6.2. RELEASE OF THE OFFENDER

Probation is suspension of sentence of an offender on certain conditions with permission to
remain in the community, subject to the control of the courts, and under the supervision and
guidance of a probation officer. Thus probation involves;
a) The withholding of imprisonment of the convicted offender,

b) Conditional release;
c) Permission to live in the community; and
d) Supervision of an agent of the court.
The definition point out six elements of probation:
1. The offence has been proved in the courts and has been found worth punishment.
2. Imposition of punishment is postponed for a specified period.
3. The offender is given one more chance to prove that he can live as a law-abiding
member of society.
4. Imposition of conditions by the courts indicates that he is still under their control;
5. The offender is generally kept under the supervision of a probation officer;
6. The measure aims at not punishing but reforming and rehabilitating the offender.
The suspension of sentence may involve either suspension of the imposition of sentence or
suspension of the execution of sentence. In some countries, the execution is suspended;
however in India, the imposition itself is suspended, which means that on revoking probation (on
violating the conditions of release), the court is in a position to impose any sentence on him
(probationer) for the original offence he had committed (and not for violating the conditions),.
Many courts, after suspending sentence, release the offender without supervision in the
community. Some scholars believe that release without supervision is not probation because
the purpose of probation is to provide assistance to the offender in his efforts to adjust himself in
the community and that assistance can be provided only by a probation officer.
In India, the Probation of Offenders Act was enacted in 1958 which was gradually extended to
all states except Jammu and Kashmir, Karnataka, Sikkim, Tripura, Arunachal Pradesh and
Mizoram. Of these six states, Tripura enacted its own Act in 1960, Jammu and Kashmir and
Karnataka in 1966, while Sikkim, Mizoram and Arunachal Pradesh have still to enact Probation
Acts in their states. Before that, some states were permitted to enact their own laws. However,
these Acts permitted release on probation only of juvenile delinquents and for offences with less
than seven years imprisonment.
There was also a provision under section 562 in the Criminal Procedure Code 1898 and later on
Cr.P.C 1973 under section 360 which permitted release of offenders on probation. But the
scope of provision in 1898 was very limited. It applied only to juvenile delinquents and male but
not female first offenders. Besides, only first class magistrates were authorized to release
offenders on probation. There was no provision for supervision either.
The Probation of Offenders Act, 1958 has a wider scope. It permits probational release of all
offenders irrespective of age and sex. It also permits supervision of probationers by probation
officers. Besides, it has authorized all types of magistrates to release offenders on probation.
The Probation of Offenders Act, 1958, thus permits:
1) Probation to all offenders except those who are liable to be given capital punishment for
murder, treason, etc. and to dacoits and professionals;
2) Release on probation for a maximum period of three years;
3) Social investigation by a probation officer; and
4) Revocation or premature termination of probation.
The Juvenile Justice Act, 1986 makes the release of all juvenile delinquents below 16 years (18
years for girls) on probation obligatory. If a certain juvenile is not given this benefit, reasons are
tobe specified for it. Release on probation is based on four factors:
1) Circumstances of the case;

2) Nature of crime;
3) Age of the accused person; and
4) Character of the accused person.
6.2.1. PROFBLEMS OF THE RELEASED OFFENDER

The released offender will face many problems in the society both from the society and from the
family side. They spent most of their previous life in the jails with criminals and in conditional
and regulated life in the prisons. They developed the systematic life but psychologically
different approach developed in their mind. They face the problems like:
1. Their family members may not be help them.

2. The society will suspect them.
3. They are not allowed in the shops or offices to work in the suspected thinking about their
attitude.
4. Their family life will be disturbed.
5. Their psychological feelings may be changed.
6. Their properties may be occupied by the some other persons.
7. They will be suspected by the people in and around the society.
8. They are not considered as good citizens in the minds of people.
9. They cannot get loans from the persons for their daily routine livehood.
6.2.2. ATTITUDES OF THE COMMUNITY TOWARDS RELEASED

OFFENDER
Release of an offender is a substitute for commitment to a correctional institution by probation
and nearly all persons who are committed to correctional institutions return to the community,
most of them within a short time. In fact, about 60 percent of prisoners return to the community
within six months and 25 per cent within two to three years. In cases where probation is used, it
is not a substitute for permanent incarceration, but in all probability, a substitute for a short-term
in a correctional institution, where there is often little effort to rehabilitate the offender and from
which he is often discharge without guidance or assistance into an unfriendly community.
1. The probationer leads to normal life in the community and continues to perform the
social responsibilities expected of him by society.
2. The probationer is not a liability on the state like a prisoner but supports himself as well
as his family members economically in the community.
3. Probation mitigates the adverse consequences of imprisonment. The probationer is not
exposed to prison environment and experience which may leave him stigmatized,
embittered and may even make him a serious criminal in association with other prisoner.
The community may afraid about this attitude of the probationer.
4. Community attitude towards the released offender is he is not alone in his efforts to
reform himself but is assisted by a probation officer who guides and advises him from
time to time. The probation officer also attempts to keep him away from the environment
which produces crime and delinquency and also try to make him as a member in the
community.
5. After release on probation, the offender returns to the same family and community
environment that contributed to his crime. The community feels towards the release
offender that he is therefore exposed to the same influence all over again.
6. Probation does not protect the community since the offender lives in the community and
may repeat his crimes or delinquencies are the attitude of the community towards the
released offender.
6.2.3. PRISONER AID SOCIETIES AND OTHER VOLUNTARY

ORGANIZATIONS
The Prison Advice and Care Trust (pact) is an independent UK charity that provides practical
services for prisoners and prisoners' families. First established as the Catholic Prisoners Aid
Society in 1898, pact works at several prisons across England.
The charity runs a wide variety of services, including: family visitors' centres at prisons, offering
information, advice and support to those visiting a prisoner; children's play services inside
prison visits halls; 'first night in custody' support for new prisoners; pact lunch coffee bars at
prisons; resettlement projects; and advice desks at courts. pact also campaigns for more
government support for prisoners' families.
The Bourne Trust started out as the Catholic Prisoners Aid Society. It was established in 1898
by two catholic lawyers, and the original aim was to help Catholic prisoners – although in
practice, help was offered to Catholics and non-Catholics alike.
The Bourne Trust was based in London, but operated nationwide. It helped prisoners in all sorts
of ways – for example, finding work for ex-prisoners and providing them with lodgings and food.
In 1905, a medical doctor was appointed to see and examine discharged prisoners free of
charge. By 1923, the Trust was helping nearly 1,000 prisoners a year – not only by providing
practical aid, but also by linking them up with local churches, schools, hospitals and employers.
In 1950, the Bourne Trust set up a scheme to help the families of prisoners. As soon as the
person went to prison, their parish priest was contacted to see whether they had a family in
need. If so, parish societies were enlisted to offer support and help the family to prepare for the
prisoner’s return. Spiritual and material help continued after release.
Over the years, the Trust tackled the problems of housing and homelessness with a number of
innovative schemes. In 1966, the Trust formed the Hope Housing Association to alleviate the
appalling conditions that some prisoners’ families were living in. The following year, funds were
raised to erect a prefabricated building to accommodate young ex-offenders.
In 1990, the organisation changed its name to the Bourne Trust. This was in honour of cardinal
Bourne the head of the Catholic Church in England and Wales, who had been the
organisation’s president from 1903 – 1935.
Role of Voluntary Organizations:
Ex-offenders cannot return to society as rehabilitated and useful members of their communities
unless they are aided in making the often difficult transition from the sheltered institutional
environment to a competitive world. In India, this type of post release assistance is provided to
ex-offenders by volunteer organizations. Funded by the Government, which are supposed to
work in close cooperation with the correctional staffs of the institutions they are trying to serve.
Liaison officers of such agencies should be provided by the correctional staff with sufficient
personal data on the employment skills and backgrounds of the soon-to-be-released prisoners
to enable them to secure employment and to prepare the inmates families and communities to
receive and accept them. Liason officers should also be able to meet with such prisoners well
in advance of the date of discharge to make their own assessment of inmates problems and
potentials. However, because correctional staffs present liason officers intrusion in these
institutions. They deny them access to the prisoners and withhold sufficient information scarcity
of government funds and community apathy are also problems facing these volunteer
organizations.
There is considerable scope for NGOs and voluntary agencies to work in the field of treatment,
after care and rehabilitation of offenders. If the services of well organized NGOs could be
obtained on a regular basis, it would be desirable to assign a role for them as visualised by the
Mulla Committee in regard to the following: -
a. Services of experts in education, medicine, psychiatry, law, social work, the media etc.
could be utilised in the formulation of correctional policy by associating them with
advisory committees at the national and state levels.
b. Appointments of eminent citizens interested in correctional work as visitors to prisons.
They could also be appointed as non-official members on sentence reviewing boards for
district and central prisons.
c. In conducting adult education and free legal aid programs;
d. Running health camps;
e. Organising recreational and cultural activities;
f. Individual coaching to inmates pursuing higher studies; and
g. The NGOs should play a greater role in creating the right kind of awareness about the
prison administration and the core problems of correctional sub-systems with a view to
eliciting public co-operation.
There is increasing public awareness in regard to human rights and the need to adhere to
humanitarian laws. Issues like custodial violence and deaths, unduly long detention of persons
under special laws like Tada, COFEPOSA etc have drawn wide spread public attention as well
as judicial notice.
Recently thanks to NHRC cases of persons under detention under TADA have been reviewed
by the various state Governments and their number bought down drastically. In specific cases
courts of laws have given relief. The Supreme Court has upheld the validity of TADA but has
given strict guidelines for the enforcement agencies to follow. Continued efforts to create public
awareness particularly by social workers and NGOs would help immensely in ensuring that the
law enforcement officials strictly follow the procedural aspects laid down by law and that they
are accountable for that in any regard.
There is another category of prisoner’s viz. non-criminal mentally ill persons who are held in
various jails in India. In the normal course such persons should have been sent to Mental
Hospitals rather than to prisons. An expert committee was set up by the Supreme Court of
India, whose Report has brought out that increasing number of poor people are seeking police
assistance in throwing the kith and kin behind the bars. The committee has found close nexus
between police, magistracy, jail administration, and relatives in this regard. The Report pointed
out that mental hospitals completely lacked medical facilities and living conditions inside the jails
were beyond one’s comprehension. Between July and September as many as 209 non-criminal
mentally ill inmates were screened in UP jails and they were discharged. In Gujarat the jail
administration has issued instructions not to accept such persons in jail. Instead, they are being
directed to mental hospitals.
6.2.4. GOVERNMENT ACTION

The Government must take care of the released offender. They must be rehabilitate, educate,
employment to survive in the society. In this regard there are certain measure must be taken by
the both central and state governments.
Provide skillful work:
The prisoner while in the prison there must be some training programs to get some skills and
abilities after getting some work in the society after release from the jail.
Provide educational facilities:
The Government must provide educational facilities to the released offenders. Because
education makes the reasoning thinking and rational thinking, moral values and analysis
thinking improvement in the minds of the persons. Therefore, if the government provides this
type of facilities to the released prisoners they will start a new carrier in the society.
Provide Housing Facilities:
If the released person is a economically poor he must be provided housing facilities by the
Government. Because majority of the persons in prisons are economically backward people.
They are not having minimum needs like food shelter and cloth. So if Government provides this
type of facilities their life will be change and make them into the society as a responsible
person.
Provide Loan facilities:
The Government must provide loan facilities either by the banks are any other methods to the
released persons. With that loan amount they start new life as a entrepreneur.
Provide Training:
The Government must providing Training facilities to them in the technical and non-technical
areas of knowledge. It will helpful them to stand on their legs and cope the problems in the
society.
6.2.5. AN APPRAISAL
According to the Act of Probation the released offender and release procedure, if the
probationer fails to observe any of the conditions of the bond, the court may either issue
warrants or summons requiring him to attend the court on a fixed day, when he appears the
court may remand him to custody until the case is concluded or may grant him bail. When
probation is so viewed, the probationer will not have to face the threat of punishment by the
court for the original offence for which imposition of punishment was temporarily deferred but
has only to bear the threat of punishment by the probation officer for the breach of probation
conditions.
After release from the custodial institution, when a person commits a new offence, he is
reconvicted for his new offence and not for the first one for which he has already undergone the
penalty. If within prison, a prisoner violates prison rules, he is dealt with by the prison officials
for this violation and not by the court. The same patterns should be adopted in the probation
services too. The legal argument that threat of punishment for original offence is to give the
probationer another chance to improve his behaviour in society and escape commitment and its
stigma is not very sound because prescribing conditions on which the offender is placed on
probation is in itself a punishment since he loses his liberty.
The effectiveness of treatment in probation system or release of an offender being based on the
concept of manipulation of the offender into good behaviour by the use of psycho sociological
devices the need for removing the threat of punishment is very essential to make probation a
more effective treatment system. The Section 4 of the Probation Act, some of the conditions
provided in the bond are extremely superfluous. E.g. take the conditions of dissociation with
persons of bad character, abstention from intoxicants, abstention from anti-social acts not
committing any offence punishable by law and endeavoring to earn an honest livelihood. In
fact, these are the behaviour patterns which are expected of all law-abiding citizens in any
society. When an offender is released on probation, the basic assumption is that he is being
given one more opportunity to become law-abiding citizen.
When every citizen is expected to abstain from anti-social acts, when every citizen has to earn
money by honest means, why should these conditions be specifically mentioned in the bond,
particularly because even without specifying them, the offender can be penalized for not
complying with them.
The Law makers should be more pragmatic and rational in making modifications in the various
sections of the Probation Act. Only a critical philosophy and a new consciousness should be the
basis of assessment, evaluation and amendment. The recourse to negative sanctions must be
taken in as rational a manner as possible. The Law should have sane and humane crime
policies and greater caution should be exercised in resorting to criminal legislations. The goal
of protecting the community admittedly a commendable one must not serve as an excuse to
ignore and deny the legitimate and substantive rights of criminals as individuals. The newer
approaches represented by casework and its socio-psychoanalytic foundations have to find
unanimous approval of legislators administrators and scholars.
6.3 SUMMARY
Parole is releasing a prisoner from the prison into the community under certain conditions for a
specific period, after he has served a portion of the prison sentence. Conventionally parole is
described as the granting of a privilege of release for a short period rather than a right. Release
on parole is granted in return for an offender’s compliance with rules in the prison. After release
on parole, the parolee continues to be subject to the threat of penal confinement, if official
expectations are not fulfilled. The supervision by an agent of a correctional agency is supposed
to serve the parolee’s interests by offering guidance and assistance.
The decision to release a prisoner on parole is generally taken by a parole Board. In India
under the rules in force in some of the states, the opinion of the police department is also given
due consideration in taking the decision. The decision to release a prisoner on parole is
generally taken by a parole Board. In India under the rules in force in some of the states, the
opinion of the police department is also given due consideration in taking the decision. The
crucial question faced in making the decision, one way or other is to be able to make the
prediction regarding the outcome of release.
The released offender will face many problems in the society both from the society and from the
family side. Because, they spent most of their previous life in the jails with criminals and in
conditional and regulated life in the prisons. They developed the systematic life but
psychologically different approach developed in their mind. Release of an offender is a
substitute for commitment to a correctional institution by probation and nearly all persons who
are committed to correctional institutions return to the community, most of them within a short
time. In fact, about 60 percent of prisoners return to the community within six months and 25
per cent within two to three years. In cases where probation is used, it is not a substitute for
permanent incarceration, but in all probability, a substitute for a short-term in a correctional
institution, where there is often little effort to rehabilitate the offender and from which he is often
discharge without guidance or assistance into an unfriendly community.
Ex-offenders cannot return to society as rehabilitated and useful members of their communities
unless they are aided in making the often difficult transition from the sheltered institutional
environment to a competitive world. In India, this type of post release assistance is provided to
ex-offenders by volunteer organizations. Funded by the Government, which are supposed to
work in close cooperation with the correctional staffs of the institutions they are trying to serve.
Liason officers of such agencies should be provided by the correctional staff with sufficient
personal data on the employment skills and backgrounds of the soon-to-be-released prisoners
to enable them to secure employment and to prepare the inmates families and communities to
receive and accept them. Liason officers should also be able to meet with such prisoners well
in advance of the date of discharge to make their own assessment of inmates problems and
potentials. However because correctional staffs present liason officers intrusion in these
institutions. They deny them acces to the prisoners and withhold sufficient information scarcity
of government funds and community apathy are also problems facing these volunteer
organizations.
After release from the custodial institution, when a person commits a new offence, he is
reconvicted for his new offence and not for the first one for which he has already undergone the
penalty. If within prison, a prisoner violates prison rules, he is dealt with by the prison officials
for this violation and not by the court. The same patterns should be adopted in the probation
services too. The legal argument that threat of punishment for original offence is to give the
probationer another chance to improve his behaviour in society and escape commitment and its
stigma is not very sound because prescribing conditions on which the offender is placed on
probation is in itself a punishment since he loses his liberty.
The effectiveness of treatment in probation system or release of an offender being based on the
concept of manipulation of the offender into good behaviour by the use of psycho sociological
devices the need for removing the threat of punishment is very essential to make probation a
more effective treatment system. The Section 4 of the Probation Act, some of the conditions
provided in the bond are extremely superfluous. E.g. take the conditions of dissociation with
persons of bad character, abstention from intoxicants, abstention from anti-social acts not
committing any offence punishable by law and endeavoring to earn an honest livelihood. In
fact, these are the behaviour patterns which are expected of all law-abiding citizens in any
society. When an offender is released on probation, the basic assumption is that he is being
given one more opportunity to become law-abiding citizen.
6.4 TECHNICALTERMS
Conventionally
Rehabilitation
Supervision
Convicted
Imprisonment
Investigation
Juvenile
Incarceration
Organization
Volunteer
Liaison
Intrusion
Violation
Manipulation

1. What is the meaning and nature of parole in India? Explain.
2. Who is the authority to granting parole?
3. What are the problems of the released offender in India?
4. What is the community attitude towards the released offender?
5. Explain the role of the Voluntary Organizations and Prisoners Aid Societies towards the
released offender?
6. What is the responsibility of the Government towards the released offender in India?
6.6 SUGGESTED READINGS

1.Kartherine S Williams – Text book on Criminology.
2. S. Rao – Crime in our society.
3. Conrad John – Crime and its correction: An International Survey of Attitudes and Practices.
4. J.M. Sethna – Society and the Criminal.
LESSON WRITER
M.A.,M.H.R.M.,M.A.,LL.M., Ph.D (LAW)
Assistant Professor
Guntur.

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Criminology & Penology 1.

1 Dimension of Crime in India

The Nature and Extent of Crime in India.

The Crime control approaches

The Powerful Crimes and its characteristics

The Socio-Economic crimes and crimes in Professions

The State Agencies and its Criminality

The Criminality of Women, Young Offenders, Criminal Gangs

The reasons of the Chronic Offenders Criminality

The Nature of the White Collar Crimes

DIMENSIONS OF THE CRIME IN INDIA

1.1. NATURE AND EXTENT CRIME IN INDIA

Mower defined it as “an anti-social act”.

5. Drugs and Alcohol;

1. Population density and degree of urbanization.

1.2. GENERAL APPROACHES TO CRIME CONTROL

a. Planning the coordination among district police offices.

l. Public Confidence- Building citizen trust

2. Community Policing Method

a. Police Community Relation:- (a) to encourage police-citizen partnership in the cause

1.3. CRIMES OF THE POWERFUL

Other organizations—including states, militaries, police forces, and corporations—may

1. Crime committed by groups engaged in planned and sustained criminal activities.

2. The people and the groups involved in such criminal activities.

Types of Organized Crimes:

A. Drug Abuse and Drug Trafficking:

Smuggling, which consists of clandenstine operations leading to unrecorded trade is another

1.3.2. WHITE COLLAR CRIME – CORRUPTION IN PUBLIC LIFE

Examples of it include fraudulent advertisements, infringement of patents, publication of falsified

“The advance of technological and scientific development is contributing to the emergence of

1.3.3. SOCIO – ECONOMIC CRIME: ADULTERATION OF FOODS AND

Liability on adulteration of drug:

Fraudulent Trade Practices:

Economic Crimes under (I.P.C.):

Distribution of false or misleading information to consumers, including the distribution of

 False or misleading comparison of goods in the process of advertising;

Sophistication or the use of sophisticate to change the expected nature of a substance or

1.3.4. CRIMINALITY IN THE PROFESSIONS – MEDICAL, LEGAL,

Crimes in Medical Profession:

The most common instances are

 Carrying out illegal abortions,

Crimes in Legal Profession:

 advising organized criminals;

1.3.5. CRIMINALITY BY AGENCIES OF THE STATE

1.Ministry of Home Affairs;

3. Ministry of Chemical and Fertilizers:

4.Ministry of Civil Aviation;

5.Ministry of Commerce and Industry;

6.Ministry of Communication and Information Technology;

7.Ministry of Corporate Affairs;

10. Ministry of Home Affairs;

11.Ministry of Social Justice and Empowerment;

12. Ministry of Tribal Affairs;

13. Ministry of Urban Development; and

14.Some Independent Agencies/Bodies etc.,

Law Enforcement Agencies:

 Law enforcement in India is performed by numerous law enforcement agencies. Like

Criminality by agencies of State:

1.4. PERPETRATORS OF ORDINARY CRIME

1.4.1. The Situational Criminal