Criminology- Internal Assignment

Criminology - Internal Assignment

Q1.
Q. 1 Define Criminology. What are features of schools of criminology?
Answer:

Criminology:
Criminology In simple words criminology can be defined as the study of crime, its
perpetrators, and its cases; and related, an interest in its prevention, and in the deterrence,
treatment, and punishment of offenders. Approaches and theoretical traditions are diverse.
Criminology as the study of crime will be interested in the distribution of crime, and in the
techniques and organization of crime. Criminology as the study of criminals might seek
explanations for criminal beahaviour in biology, psychology, or in the political economy of
the society. Critical criminology is also termed as radical criminology, this perspective
viewed and explained crime as a product of the social and the historical processes related to
capitalism. It is based on conflict perspective of Marx and focuses upon the oppressive
power of the state, its control over the definition and the prosecution of crime, and the
exploitation of the powerless by capital. Feminist criminology is a self-conscious corrective
to mainstream criminology and deviance theories and one with the triple goals of critique,
research, and reformulation of the field of inquiry. It emerged in 1970s partly as an
outgrowth of both the women’s movement and feminism, but also as a response to the s0-
called new deviance theory and critical criminology, which, whilst aiming to be radical and
innovative, had continued to ignore women. Sometimes seen as sub-field of sociology,
sometimes as a discipline in itself, criminology is clearly mixed but dynamic enterprise,
drawing on sociology, economics, history, psychology, and anthropology.
Some commentators have suggested that its principal concern ought to be the study of the
production and distribution of order, in other words, control rather than crime. Over the
past two centuries, various schools of criminology have flourished. A school of criminology is
a system of thought that consists of a theory of crime causation integrated with policies
implied in the theory. One of the first schools of criminology was the classical school which
developed in Europe during the eighteenth century through the efforts of Cesare Beccaria
and Jermy Bentham. The classical school views crime as a rational means for maximizing
self-interest. It maintains that individual will choose to engage in crime when they
determine that crime offers the most pleasure and least pain relative to other course of
action. It also follows that to control crime, the state need only convince the people that
crime will entail more pain than pleasure, and it can accomplish this by increasing the
punishment of crime. When people realize that crime is less pleasurable, they will choose to
engage in more satisfying action. The positive school of criminology developed during the
nineteenth century largely through the work of Cesare Lomborso and his followers.
Grounded in physical science, the positive school of thought views crime as the product of
personal defects or disorder. It maintains that the physical constitution influences behavior
and that defects in biological structure or process engender criminal behavior. The positive
school insists that punishment will not control the crime, because criminals do not calculate
the pleasure and pain of alternative actions and chose those that maximize pleasure.
Rather, it contends that the only reasonable way to control crime is to discover and
manipulate its causes. It follows that best way to control crime is to treat personal defect or
disorder. This school fell from favour in the early twentieth century with the rise of the
sociological school, which views crime as the function of social environment. The
sociological school has evolved over the course of the twentieth century, and it has come to
dominate scholarly efforts to explain crime. The sociological school was developed primarily
in the United States. In the late nineteenth century, criminology was accepted as a field of
study by the growing university department of sociology, and since that time systematic
studies of crime and criminals have been made mostly by sociologists.

Schools of Criminology:

The word Criminology is derived from the combination of two Latin words, crimen which
means crime and logus which means study or knowledge in the year 1890.
Criminology is a socio-legal study which strives to discover the causes of criminality and
suggests appropriate remedies.

Definitions of criminology:
Edwin Sutherland; Criminology is the body of knowledge regarding crime as a social
phenomenon.

Donald Taft; Criminology in a general sense is the study of crime and criminals. In a specific
sense it seeks to study criminal behavior its goal being to reform the criminal behavior or
conduct of the individual which society condemns.

Criminology as a subject deal with the following:

Criminal acts
The criminals
The victims of the crime (directly or indirectly)
Crime causation theory
Detection and prevention of crimes from potential offenders
Effectiveness of criminal justice system

Schools of Criminology:
The schools of criminology developed majorly during the 18th and 19th century. There are
four popular schools of Criminology, they are:
Pre-Classical School
Classical School
Positivist School
Neo-Classical School

Pre- Classical School

The pre-classical school is also known as demonological school. During the 17th century, the
demonological theory flourished in Europe with the dominance of the church and religion.
During this time there were not much of scientific explanations for the causation of crime
and the concept of crime was vague and obscure.

Hence, the explanations for criminal behavior were sought through spirits, demons and
unknown power. The principle behind this concept was that a man commits a crime due to
the influence of some external force and is beyond the control and understanding of man.
The wrath of god was considered to give punishment to the offenders. The trail of the
offenders was through battles, pelting of stones and was believed that no harm would be
caused if the offender was innocent.

Classical School
The pioneers of the classical school of criminology are Cesare Beccaria, Jeremy Bentham and
Romilly. The main belief of this school is that all men are self-seeking and therefore they
tempt to commit the offence. According to this school, men possess free will and act as per
their pleasure and pain (hedonism). The theory of demonism; act of men under the
influence of spirit is rejected by this school.

Beccaria proposed that, punishment of crime should be proportionate to its seriousness.

Beccaria’s thought was such that, torture was inappropriate and thus allowed weak to
incriminate and the strong would be found innocent before the adjudication. The ideology
of Beccaria is followed by the classicalists, who focus on crime, rather the criminal. The
classical school focuses on the principle of deterrence in place of punishment.

The classical school has come up with three important theories that are still used even to
this day. They are:
Rational Choice Theory
According to this theory, crimes are committed as a result of conscious choice. It is said that,
individuals choose to commit a crime based on their free will decision. As per this theory,
individuals choose to commit a crime when the benefits outweigh the costs of disobeying
the law.

Routine Activities Theory

As per this theory, there are three key elements for the routine activities theory, they are;
motivated offender, an attractive target and lack of capable guardian. It is believed that, a
person’s everyday routine activities affect the chance that there might be an attractive
target who may encounter an offender in a situation where there no presence of an
effective guardian. Changes in routine activities in society can affect the rate of crime.

Situational Choice Theory

The situational choice theory is based on the ideas of rational choice theory. As per this
theory crime is committed based on situational constrains and opportunities. In simpler
terms it means that a person’s behavior is based on the given situation. The offender
behaves in a certain way due to the situation he is place. It is very unlikely that he may
behave in a different situation.

Positivist School
The positivist school is also known as Lombrosian School. The propounders of this theory
are Cesare Lombroso, Enrico Ferri, Raffaeleo, and Garofalo. Positivists focus on criminals
rather crime. The positivists oppose the classical school’s understanding of crime. As per
positivist, every person is different so is their understanding of right and wrong hence, the
person and not the crime should be punished.

This school was started by considering crime as a product of heredity and environmental
factors. The positivist school of criminology is linked with biological, psychological and
sociological theories to criminal behavior.
Neo-Classical School
According to this theory, there is a difference between total free will and determinism and
argues that, no person has total free will. The neo classical school allows for mitigating
factors to be reviewed by a Judge as per his discretion.

Before the advent of this school, all the offenders were treated alike no matter what age,
mental condition, gender and so on. Neo-Classicalists saw this as unfair and unjust and thus
allowed for change to transpire. This theory allows for the consideration of mitigating
factors like physical and social environment where the individual was placed.
.

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Q2.
Q. 2 Explain Juvenile Delinquency.
Ans:

Juvenile Delinquency:
Juvenile Delinquency refers to participation of minors in illegal crimes. When a person
deviates from the normal course of his social life his behavior is termed as ‘delinquent’. In
other words when a juvenile’s actions prove to be dangerous towards the society and for
him, he may be called a juvenile delinquent. The act of delinquency may include running
away from home, use of inappropriate or vulgar languages, committing sexual offences etc.
Juvenile Delinquency:
Juvenile Delinquency is the involvement of a kid who is between the age of 10 and 17 in
illegal activity or behaviour. Adolescent misconduct is likewise used to allude to youngsters
who display constant conduct of underhandedness or noncompliance, in order to be
considered out of parental control, getting to be plainly subject to legitimate activity by the
court framework. Juvenile delinquency is also known as “juvenile offending,” and each state
has a separate legal system in place to deal with juveniles who break the law.

Who are Juvenile Delinquents?

Juvenile delinquents are regularly youngsters between the ages of 10 and 17 who have
carried out a criminal demonstration. There are two principal sorts of guilty parties: rehash
wrongdoers and age particular guilty parties.

Rehash Wrongdoers– rehash guilty parties are otherwise called “life-course constant
wrongdoers.” These adolescent delinquents start culpable or hinting at other solitary
conduct amid pre-adulthood. Rehash guilty parties keep on engaging in criminal exercises or
forceful practices even after they enter adulthood.

Age-particular guilty parties- Age-Specific Offenders indicate adolescent reprobate conduct

starts amid youthfulness. Not at all like the rehash wrongdoers, in any case, the practices of
the age-particular guilty party closes before the minor turns into a grown-up.
The practices that an adolescent shows amid youthfulness are frequently a decent marker
of the kind of guilty party he will progress toward becoming. While age-specific offenders
leave their delinquent behaviour behind when they enter adulthood, they often have more
mental health problems, engage in substance abuse, and have greater financial problems
than adults who were never delinquent as juveniles.

Case:
In the case of Gopinath Ghosh v. State of West Bengal, the accused had given his age as
much above the cut-off age prescribed for being a child. However, in this case, the court not
only allowed the plea of child status to be raised for the first time but also referred the
matter to the sessions judge for a determination of the age of the accused. Approving this
approach, the Supreme Court in Rajinder Chandra v State of Chhattisgarh, further laid down
that the standard of proof for age determination is the degree of probability and not proof
beyond a reasonable doubt.

Risk Factors and Predictors of Juvenile Delinquency

Numerous kids end up noticeably adolescent delinquents early, frequently between the
ages of 6 and 12 years. Numerous adolescent practices amid the pre-high schooler and
young years might be viewed as ordinary conduct for kids, as they extend their limits, and
battle to build up their self discernment. There are, in any case, certain signs that a child
may be going an awful way.

Indicators of adolescent misconducts may show up as ahead of schedule as preschool, and

frequently include:
Abnormal or moderate advancement of essential abilities, for example, discourse and
dialect.
Chronic infringement of the principles.
Serious forceful conduct toward different understudies or instructors.
Studies have discovered that various life conditions constitute chance components for a
youngster to end up noticeably an adolescent reprobate. While these are numerous and
changed, the most well-known hazard factors for adolescent misconduct include:

Authoritarian Parenting – characterized by the use of harsh disciplinary methods, and

refusal to justify disciplinary actions, other than by saying “because I said so.”
Peer Association – usually resulting from leaving adolescents unsupervised, encouraging a
child to engage in bad behaviours when acting with his peer group.
Low Socioeconomic Status
Permissive Parenting – characterized by lack of consequences for bad behaviour, permissive
parenting can be broken down into two subcategories: (1) neglectful parenting, which is a
lack of monitoring a child’s activities, and (2) indulgent parenting, which is the enablement
of bad behaviour.
Poor School Performance
Peer Rejection
ADHD and other mental disorders

Meaning and Aim of Juvenile Justice System:

Adolescent Justice System
An adolescent is a youngster who isn’t yet mature enough to be viewed as a grown-up.
Juvenile Justice manages the treatment of kids in the struggle with the law and furthermore
takes a gander at the main drivers of culpable conduct and measures to avert such conduct.

Aims of Juvenile Justice

It is based on the rights of the child.
It applies the principle of restorative justice i.e. to restore the balance of a situation
disturbed by crime rather than simply meting out punishment.
This system puts the best interest of the child first.
The primary objective of this system is to focus on the prevention of crimes and injustice
done to the juveniles.

Juvenile Crime is not naturally born in the child but it is largely present in him because of the
surroundings that he is brought up in, his own absurd actions or simply lack of discipline and
proper education.

It is easier to build strong children than to repair broken men. The youth is regarded to be
one of the greatest assets of a country. If this population is not well groomed the future of a
country would certainly not be very bright. We as a whole have a moral as well as an ethical
responsibility to provide all children with a healthy environment to study and grow in.

The most common reasons for a child to go against the law is either lack of education or
faults in their upbringing that is due to unhealthy socio-cultural environment resulting in the
child to become physically and mentally unfit as well as an irresponsible citizen. Fair and
equivalent chances must be given to all youngsters to diminish imbalance and guarantee
social equity in the country.

Children are expected to be obedient, respectful and have good virtues. However, due to
certain circumstances, some children are unable to follow the set social and legal dictum.
These children often get involved in criminal behavior which is known a Juvenile
Delinquency or Juvenile Crime.

Causes of Juvenile Delinquency

Individual factors
There are several factors in an individual that may lead to his delinquent behavior. A minor
who has lower intelligence and has not received proper education is more likely to be
involved in delinquent behavior. Other factors may include impulsive behaviour,
uncontrolled aggression, inability to delay gratification. Mental Health factors are also a part
of individual factors. The mental state of an individual is extremely important for his
behavior in the society. Thus, these factors can contribute to the involvement of a juvenile
in harmful, destructive and illegal activities

Family Factors
Family factors may be inclusive of ongoing family feuds, neglect and abuse or absence of
proper parental supervision. Children whose Parents demonstrate lack of respect of law and
social norms of the country may imbibe the same. Moreover, children that display the
weakest attachments with their families appear to be the same juveniles who engage in
inappropriate activities.

Substance abuse factors

Substance abuse is found in a majority of juvenile delinquent cases. Juveniles today are
using more powerful drugs than adolescents 10 years ago. Moreover, these children start
consuming drugs at a younger age. The use of these illegal or legal substances leads to these
adolescents to engage in committing crimes. Additionally, when a child is under the
influence of drugs or alcohol, he is most likely to engage in destructive, harmful ad illegal
activities.

Prevention of Juvenile Delinquency

Prevention is necessary for such children. Firstly, identification of such juveniles and then
providing them with the required treatment is of utmost importance. These adolescents
become habitual offenders if not timely stopped from committing offences. Moreover, the
most effective way to prevent juvenile delinquency has indubitably been to assist children
and their families from the very beginning. The State programs attempt at early
intervention, allowing numerous groups to tackle this problem in a number of ways. There
are many Jurists and criminologists who suggest various provisions for the prevention of
juvenile delinquency. Some of the provisions that are very useful for the welfare,
development and growth of the juveniles have been mentioned below.
Individual Programs- It involves the prevention of delinquency through counselling,
psychotherapy and proper education.
Environmental Programs- involves the employment of techniques with a view to change the
socio-economic context likely to promote delinquency.

Delinquency Prevention is the broad term for all efforts aimed at preventing youth from
getting involved in criminal, or other antisocial activities. Various governments are
recognizing the importance of allocating resources for the prevention of delinquency.
Prevention services include activities such as substance abuse education, treatment, family
counselling, youth mentoring, parenting education, educational support and youth
sheltering.

The exploitation of children is one of the many evils present in our society. Such abuse has
an enduring and profound effect on a child’s life. The problem of child abuse is serious
because it forces the child to react or behave in such a way which is harmful to both society
and him. This delinquent behavior of the adolescent is due to the mental trauma that he
goes through in the early stages of his life. The abuse further varies in nature as physical,
sexual, psychological or as a combination of them influencing these youngsters in a negative
way.

It is important to eradicate this practice from society to keep control of the problem of
Juvenile Delinquency. It is in the best interest of the deviant child to rehabilitate him as early
as possible an integrate him back into society. The State has a duty to protect the rights of
these children and to come up with reformative methods to inculcate values in these
children which can socially uplift and give confidence to them so that they can further play a
constructive role in the society.

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Q3.
Q. 3 What is Punishment of offenders?
Answer:

Punishment of offenders:
Punishments Under IPC
Under the law, punishment is provided to cease the wrongdoer from committing the crime
again. Punishment is a consequence or result of a wrong committed by a person. Provision
for punishment are provided under Sec 53 and chapter 3 of the Indian Penal Code (IPC).
The Section defines various kinds of punishments to which the offenders are liable under
the Indian Penal Code. The punishments given under Sec 53 apply only to offences given
under this code.

In India, the reformative theory is followed to provide punishment. The punishment

awarded should neither be so harsh nor so easy so that it fails to serve its purpose in
generating impact on the offender and as an eye-opener for others.it is considered that
punishment should be of such a nature that it brings reform in a person's personality and
thinking.
The court has the power to reduce the quantum of punishment after considering various
aspects of the case and the mitigating circumstances if any.

Punishments Under Section 53, IPC

Death Punishment
Imprisonment For Life
Imprisonment
Forfeiture of Property
Fine Under IPC
Solitary Confinement
Punishments Under Section 53, IPC
The punishments to which offenders are liable under the provisions of this Code are:

 Death.
 Imprisonment for life.
 Imprisonment, which is of two descriptions, namely:
Rigorous, that is, with hard labour;
Simple.
 Forfeiture of property.
 Fine.
 Solitary Confinement.

As per section 53 of the Indian Penal Code, there are five types of punishments that a court
may provide to a person convicted for a crime. These are death, imprisonment for life,
simple and rigorous imprisonment, forfeiture of property and fine. And, section 73 provides
for another type of punishment, that is solitary confinement. Let us learn about all in detail.

1. Death Punishment
Punishment of death is also known as capital punishment. Under this punishment, a person
is hanged till he dies.
This punishment is sanctioned by the government and ordered by the court. It is provided
only in the rarest of rare cases. This punishment is provided only for serious offences. A
death sentence is the highest punishment awarded under IPC, and it has always been a
controversial subject. Arguments are made both in favour and against the retention of the
capital sentence as a form of punishment.

Case:
It was argued in Jagmohan Singh vs State of Uttar Pradesh, that the death penalty is
unconstitutional and hence invalid as a punishment. The Supreme Court held the death
penalty as valid. It held that deprivation of life is constitutionally lawful if that is done
according to the procedure set by law.

Death punishment or capital punishment can be provided for the offences under sections
121, 132, 194, 302, 303, 305, 307, 364A, 376E, 396 and so on of the Indian Penal Code. In
these sections, it is not obligatory for the court to provide capital punishment.

Earlier for the offence provided under section 303, i.e., murder by life-convict, capital
punishment was compulsory. In Mithu vs State of Punjab, the death penalty was held
unconstitutional for being violative of Articles 14 and 21 of the Constitution.
The Supreme Court in Bachan Singh vs the State of Punjab upheld the validity of the death
penalty, but the court restricted the provision of the death penalty in rarest of rare cases
only. If the case falls under this theory, then capital punishment may be given.

The court did not elaborate as to what falls under the category. Still, the court has declared
it from time to time that the cases like honour killings, assassination, genocide, brutal
murder, etc. fall under the definition of ‘rarest of the rare case’.

As per section 54 of the Indian Penal Code, the appropriate government can commute the
sentence of Death for any other punishment provided by this Code.

2. Imprisonment For Life

The words “imprisonment for life” was substituted for “transportation for life” by Act XXVI
of 1955.

In this type of punishment, an accused convicted of a crime have to remain in prison until he
is alive or until pardoned or otherwise commuted to a fixed period.

In its natural meaning imprisonment for life means imprisonment for the whole of the
remaining term of the convicted person’s natural life. As per section 57 of the Code, the
period for life imprisonment is 20 years only for calculating purposes. Imprisonment for life
can never be simple imprisonment; it is always rigorous imprisonment.

The reason behind 14 years of imprisonment?

As per section 433(b) of the CrPC and section 55 of the IPC, the appropriate government has
the power to reduce or suspend the sentence of imprisonment for life to imprisonment for
a term of not more than 14 years. As the prisoner is under the supervision of the State
Government, the State Government has trust in it and in such case, the State Government
can appeal for the reduction of the punishment. But life imprisonment cannot be less than
14 years.

3. Imprisonment
Imprisonment means taking away a person’s freedom and putting him in prison. According
to section 53 of the IPC, there are two kinds of imprisonment:
Simple Imprisonment: It is the type of imprisonment where an accused convicted of a crime
is kept in prison without any hard labour. They are required to do only light duties. The
punishment of simple imprisonment is awarded only for lighter offences such as
defamation.
Rigorous Imprisonment: It is the type of imprisonment under which a prisoner or an accused
convicted for a crime is kept in prison, and they have to do hard labour such as agriculture,
carpentry, drawing water, etc. Rigorous imprisonment is obligatory for the offences given
under the following two sections (no alternative for simple imprisonment is available).
a. Section 194, IPC: Giving or fabricating false evidence with intent to procure conviction of
capital offence.
b. Section 449, IPC: House-trespass in order to commit offence punishable with death.

4. Forfeiture of Property
Forfeiture implies the loss of property of the accused. Under this punishment, the State
seizes the property of a criminal. It is the result of the wrong or default caused by the
person. The property forfeited may be movable or immovable.

Forfeiture of property as punishment is provided for the offences given under section 126
(committing depredation on territories of Power at peace with the Government of India)
and section 127 (Receiving property taken by war or depredation mentioned in sections 125
and 126).

5. Fine Under IPC

The court may impose the punishment of fine as sole imprisonment or as an alternative for
imprisonment or in addition to the imprisonment. It depends upon the court to decide
whether either imprisonment or fine or both are to be awarded in a particular case.
According to section 64 of IPC, if a person fails to give fine, the court may order for the
imprisonment.

6. Solitary Confinement
It is defined under section 73 of the IPC. Solitary Confinement means keeping the prisoner
isolated and away from any kind of intercourse with the outside world. It is believed that a
feeling of loneliness may exert wholesome influence and reform the criminal. Solitary
confinement shall in no case exceed three months in total. The scale, as given in section 73,
is as follows:
If the term of imprisonment is less than or up to six months then the period of solitary
confinement shall not exceed one month.
If the term of imprisonment is more than six months but less than one year then the period
of solitary confinement shall not exceed two months.
If the term of imprisonment is of more than one year, then the period of solitary
confinement may be up to three months but not beyond that.
It can be awarded only if the following two conditions exist:

A person must be convicted for an offence under this Code.

The offence must be the one for which the court has the power to sentence the accused to
rigorous imprisonment.
According to section 74 of IPC, the punishment of solitary confinement cannot be awarded
for the whole term of imprisonment, and it must be imposed at intervals. A sentence of
solitary confinement for the whole term of imprisonment is illegal if awarded for more than
14 days at a time. When the imprisonment awarded is of more than three months, the
solitary confinement shall not exceed seven days in any one month of the whole
imprisonment awarded.

Charles vs Superintendent, Tihar Jail

In this case, the Supreme Court observed that solitary confinement means harsh isolation of
a prisoner from the society of fellow prisoners by cellular detention. It should be imposed
following a fair procedure and only in exceptional cases.

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Q4.
Q. 4 Write short note on The Probation of Offenders Act, 1958.

Answer:

PROBATION OF OFFENDERS ACT, 1958:

ROBATION Meaning:-The term 'Probation' is derived from the Latin word Probate' or Probo',
which means "to test or to prove" or "I prove". When a person convicted of an offence, as a
special case by virtue of age or other reason is not sent to prison but is kept under the
supervision/observation for the purpose of correcting him as a good citizen, he is said to
have been kept on probation. The official, who supervises is called Probation Officer'.

The Probation Officer is appointed by the State Government or recognised by the State
Government if the society prefers any social worker. The Probation Officer is under the
control of a District Magistrate. The period of supervision is called 'Probation Period'.

Eg.:- When a child or young person is convicted for commission of a crime, he is not sent to
prison (in execution of the sentence) but is kept under probation under the supervision of a
Probation Officer. Therefore, 'Probation' means "the conditional suspension of a sentence
by the Court, in selected cases, especially of young offenders, who are not sent to prisons
but are released on probation, on agreeing to abide by certain conditions". Earlier,
probation was designed only for child offenders (juvenile delinquents). Now, it can be
extended to a delinquent of any age (Generally upto 21 years).

Definition:- Probation may be defined as "a method of dealing with specially selected
offenders and consists of conditional suspension of punishment while the offender is placed
under personal supervision and is given individualised treatment". Morrison Committee
defined 'probation' as "the submission of an offender while at liberty to a specified period of
supervision by a social case worker, who is an officer of the Court".
Object:- The main object of probation is to save some selected types of offenders from the
rigours of punishment. Further, probation reduces crime rate and avoids over-crowding in
jails t aim is reformation of delinquents as responsible citizens in the society .

India:- In India, the Reformative School Act, which was passed in 1897, dealt with the
concept of probation. The institution of probation was accorded statutory recognition with
the passing of the Code of Criminal Procedure, 1898. Section 562 of the Code contains as
may as 155 offences which come within the purview of probation. Later, Children Act, which
was passed in 1908 made movision for probation. Section 562 Cr.P.C. 1898 was repealed
with the passing of the Probation of Offenders Act, 1958. The Code of Criminal Procedure,
1898 was amended from time to time nd passed into law as the Code of Criminal Procedure,
1973 and came into force from 1.4.1974. The Code also made provision for de system of
probation (Section 360, Cr.P.C. 1973).

The Report of the Probation Officer:- The official under whose supervision, the convicted
person is kept is called Probation Oficer. The period of supervision is called 'Probation
Period'.The Probation of Offenders Act, 1958 made provision for submission of a report of
the offender by the Probation Officer. This report is called the Report of Probation Officer.
The report is kept confidential. Basing on this report, the court decides whether to release
or not, the person on probation. The age limit of probationer is 21 and the period of
probation shall not exceed 3 years at the first instance according to Sections 6 and 4 of the
Probation of Offenders Act, 1958 respectively.

Advantages of Probation:
1.Probation enables a convicted person to correct himself as a responsible citizen in the
society.

2. The process of probation is less expensive when compared to institutional treatment

(imprisonment).

3. The Probation Officer will be able to make use of all the Community facilities for
rehabilitation.

Disadvantages:- Despite above merits, the institution of probation is not free from certain
demerits as follows:
1. The probation officers may be influenced (undue influence or political influence) to
furnish good report so that the person convicted is released.

2. It eliminates fear among child or young delinquents and accelerates crime-rate.

The probation of the offenders act , 1958.

The question of the release of the offenders on probation of good conduct instead of
sentencing them to imprisonment has been under consideration for some time. it is
proposed to empower the courts to release an offender after admonition in respect of
certain special offences. It is also proposed to empower courts to release on probation, in all
suitable cases, an offender found guilty of having committed an offence not punishable with
death or imprisonment for life. In respect of offenders under 21 years of age, special
provision has been made putting restrictions on their imprisonment. During the period of
probation offenders will remain under the supervision of the probation officers in order that
they may be reformed and become useful members of the society.

The term Probation is derived from the Latin word probare, which means to test or to
prove. It is a treatment device, developed as a non-custodial alternative which is used by the
magistracy where guilt is established but it is considered that imposing of a prison sentence
would do no good. Imprisonment decreases his capacity to readjust to the normal society
after the release and association with professional delinquents often has undesired effects.

The probation of the offenders act 1958 aims to provide for the release of the offenders on
probation after due admonition and for matters connected therewith. With the emergence
of reformative theory of punishment the present act has been enacted with a view to
provide an offender the opportunity of improving his conduct so as to be able to live in the
society. Its aim is the rehabilitation of the offender. If a chance offender is put in jail, he may
contact with other criminals and the chances of his being reformed and made worthy of
living in a society diminished to a great extent.

It serves the needs of the probationer in the following manner: -

Probation keeps the offender away from the criminal world. Further, the fear of punishment
in case of violation of probation law has a psychological effect on the offender.
It deters him from law breaking during the period of probation. Thus probation indirectly
prevents an offender from adopting a revengeful attitude towards the society. Moreover,
sentencing an offender to a term of imprisonment caries with it a stigma, which makes his
rehabilitation in society difficult. The release of the offender on probation saves him from
stigmatization and thus prepares him for an upright living. The shame of going through a
trial process would have sufficiently chastised him. According to the labeling theory, a
stigmatizing label once applied, is very likely to cause further deviance or create the
deviance. People tend to conform to the label even when they didn't set out that way.
Probation seeks to socialize the criminal, by training him to take up an earning activity and
thus enables him to pick up those life-habits, which are necessary for a law-abiding member
of the community. This inculcates a sense of self-sufficiency, self-control and self confidence
in him, which are undoubtedly the essential attributes of a free-life. The Probation Officer
would guide the offender to rehabilitate himself and also try and wean him away from such
criminal tendencies.
Before the implementation of probation law, the courts were often confronted with the
problem of disposing of the cases of persons who were charged with neglect of their family.
In such cases there was no alternative but to send them to prison, which was an
unnecessary burden on the State exchequer. With the introduction of probation as a
method of reformative justice, the courts can now admit such offenders to probation where
they are handled by the competent probation officers who impress upon them the need to
work industriously and avoid shirking their family responsibilities.
An analysis of crime statistics would show that a large segment of offenders consists of the
poor, the illiterate and the unskilled. Such offenders are seen to be victimized twice: once,
when they are denied of their basic human needs in open society and forced to live in a sub-
culture of social marginality, and, again, when they are grinded in the mill of criminal justice
for having infringed the law. Probation would thus be an effective means to deliver justice
to them, they would not be incarcerated and also they would be trained which would
improve their life later.
The society is also served. The object of society that all its members playing a positive role
by seeking their self-rehabilitation is achieved by the probation system, it is indeed an
effective method of preserving social solidarity by keeping the law-breakers well under
control. Also, during the probation period, the offender is sent to various educational,
vocational and industrial institutions where he is trained for a profession which may help
him in securing a livelihood for himself after he is finally released and thus lead an
absolutely upright life. And whatever work an offender is doing as a probationer, he is
contributing to the national economy. Thus, he no longer remains a burden on the society.
Further, correctional task of probation staff requires closer contact with inmates during his
period of probation. This helps the probation supervisor to get a deeper insight into the real
causes of crime and suggests remedies for their eradication.
The Important Salient Features of the Probation of Offenders Act, 1958 are listed below:
(1) The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by
rehabilitate in society and to prevent the conversion of youthful offenders into obdurate
criminals under environmental influence by keeping them in jails along with hardened
criminals.
(2) It aims to release first offenders, after due admonition or warning with advice who are
alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or
Section 420 of the Indian Penal Code and also in case of any offence punishable with
imprisonment for not more than two years, or with fine, or with both.
(3) This Act empowers the Court to release certain offenders on probation of good conduct
if the offence alleged to have been committed must not be punishable with death or life
imprisonment. However, he should be kept under supervision.
(4) The Act insists that the Court may order for payment by the offender such
compensation and a cost of the proceedings as it thinks reasonable for loss or injury caused
to the victim.
(5) The Act provides special protection to persons under twenty-one years of age not to
sentence him to imprisonment. However, this provision is not available to a person found
guilty of an offence punishable with life imprisonment.
(6) The Act provides the freedom to Court to vary the conditions of bond when an offender
is released on probation of good conduct and to extend the period of probation not to
exceed three years from the date of original order.
(7) The Act empowers the Court to issue a warrant of arrest or summons to him and his
sureties requiring them to attend the Court on the date and time specified in the summons
if an offender released on probation of good conduct fails to observe the conditions of
bond.
(8) The Act empowers the Court to try and sentence the offender to imprisonment under
the provisions of this Act. Such order may also be made by the High Court or any other
Court when the case comes before it on appeal or in revision.
(9) The Act provides an important role to the probation officers to help the Court and to
supervise the probationers put under him and to advise and assist them to get suitable
employment

Probation can be defined as the release of an offender from detention, subject

to a period of good behaviour under supervision. Section 4 of the act deals with
the power of the courts to release certain offenders on probation of good
conduct if the following conditions prevail:-
i) Any person is found guilty of having committed an offence,
ii) The offence so committed must not be punishable with death or
imprisonment with life,
iii) The court by which the person is found guilty is of the opinion that it
is expedient to release him on probation of good conduct,
iv) The court may form such opinion having regard to the circumstances
of the case , nature of offence and the character of the offender.

Probation Officer and his duties

As per Section 13, a probation officer under this Act shall be - (a) a person appointed to be a
probation officer by the State Government or recognised as such by the State.
Government ; or (b) a person provided for this purpose by a society recognized in this behalf
by the State Government; or (c) in any exceptional case, any other person who, in the
opinion of the court, is fit to act as a probation officer in the special circumstances of the
case.
Section 14 - Duties of probation officers
A probation officer shall, subject to such conditions and restrictions, as may be prescribed, -
(a) inquire, in accordance with any directions of a court, into the circumstances or home
surroundings of any person accused of an offence with a view to assist the court in
determining the most suitable method of dealing with him and submit reports to the court.
(b) supervise probationers and other persons placed under his supervision and, where
necessary, endeavour to find them suitable employment;
(c) advise and assist offenders in the payment of compensation or costs ordered by the
court ;
(d) advise and assist, in such cases and in such manner as may be prescribed, persons who
have been released under section 4; and
(e) perform such other duties as may be prescribed.
A few points in this regard must be taken into consideration:
A thorough inquiry into the life history and past antecedents of the delinquent is necessary
for the purpose of securing information about his failures or successes. Proper investigation
will enable further imposition of restrictions on liberty of the delinquent in case he does not
respond favourably to the reformative processes.
It is neither possible nor feasible to maintain a continuous surveillance over the
probationer’s activities. Therefore, supervision over the probation is possible only through
field-visits and intermittent contacts.
The Probation Officer should thoroughly acquaint himself with the problems which are likely
to impede offender’s readjustment in society and suggest measures to overcome them. He
must actively support the probationer in the process of his rehabilitation. The probationer
should not be made to feel that he is being constantly watched or supervised.
Yet another important function of the Probation Officer is to act as a liaison between the
probation and the Court, his primary duty in this capacity being to safeguard the interest of
the probationer under his charge. He may make an application to the Court for varying the
conditions of probation order or for the discharge of probationer’s bond. When he finds that
the probationer’s progress in adjusting himself to the normal life in society is satisfactory.
While taking decisions about the probationer under his charge, the Probation Officer should
bear in mind that his decisions are of great importance to the offender as they not only
affect the latter’s freedom but also have an impact on the safety of community. These
decisions generally involve calculated risks and. therefore, be exercised with utmost caution
and vigil.
As provided in Section 7 of the Probation of Offenders Act, 1958, the Probation Officer is to
submit a Pre-sentence report containing relevant information about the offender proposed
to be released on probation by the Court.
It is on the basis of this report that the sentencing Magistrate/Judge makes up his mind and
pass order of sentence or release of the offender on probation of good conduct. The
Presentence report submitted by the Probation Officer must contain true and factual
information regarding the character, personality, family and educational background,
employment particulars, general surroundings and past- antecedents of the offender.

Impartiality and objectivity are the two foremost requisites of a Pre-sentence report to
make it worthy of testimony about offenders’ antecedents and behaviour.
Submission of Pre-sentence report about the offender when requisitioned by the Court is
yet one of the important duties of Probation Officer. It must contain all details about the
offender as also the evaluative summary of the offender’s case.
Section 6 (2) of the Probation of Offenders Act imposes a duty on the Court to call for a
Presentence report of the probation officer relating to character and physical and mental
condition of the offender before denying him the benefit of release on probation. This view
finds support in the decision of the Rajasthan High Court in Suja v. State of Rajasthan
wherein the Court held that provisions of Section 6 (2) are mandatory and noncompliance
thereof shall render the sentence void.
The Pre-sentence report submitted by the Probation Officer to the Court is treated
confidential because it carries information regarding personal and family antecedents of the
offender which are more or less of a confidential nature. However, the contents of this
report may be communicated to the offender, if the Court so seems necessary with a view
to giving the offender an opportunity to defend himself and produce evidence, if any, to
contradict the contents of the Probation Officer’s pre-sentence report.
The probationer must be approached psychologically in order to extract as much
information from him as possible about his antecedents and it is on the basis of information
so gathered that an assessment about the delinquent’s chances of reformation through the
process of probation can be made. Surveillance is basically the responsibility of police but
Probation Offices help and assistance in this police function would be very useful.

2. Supervision and Counselling:

It is neither possible nor feasible to maintain a continuous surveillance over the
probationer’s activities. Therefore supervision over the probation is possible only through
field-visits and intermittent contacts.
The Probation Officer should thoroughly acquaint himself with the problems which are likely
to impede offender’s readjustment in society and suggest measures to overcome them. He
must actively support the probationer in the process of his rehabilitation. The probationer
should not be made to feel that he is being constantly watched or supervised.
3. Liaison with the Court:
Yet another important function of the Probation Officer is to act as a liaison between the
probation and the Court, his primary duty in this capacity being to safeguard the interest of
the probationer under his charge. He may make an application to the Court for varying the
conditions of probation order or for the discharge of probationer’s bond. When he finds that
the probationer’s progress in adjusting himself to the normal life in society is satisfactory.
4. Decision-making:
While taking decisions about the probationer under his charge, the Probation Officer should
bear in mind that his decisions are of great importance to the offender as they not only
affect the latter’s freedom but also have an impact on the safety of community. These
decisions generally involve calculated risks and. therefore, be exercised with utmost caution
and vigil.
5. Probation Officer Pre-sentence Report:
As provided in Section 7 of the Probation of Offenders Act, 1958, the Probation Officer is to
submit a Pre-sentence
report containing relevant information about the offender proposed to be released on
probation by the Court.
It is on the basis of this report that the sentencing Magistrate/Judge makes up his mind and
pass order of sentence or release of the offender on probation of good conduct. The Pre-
sentence report submitted by the Probation Officer must contain true and factual
information regarding the character, personality, family and educational background,
employment particulars, general surroundings and past- antecedents of the offender.
Impartiality and objectivity are the two foremost requisites of a Pre-sentence report to
make it worthy of testimony about offender’s antecedents and behaviour.
Submission of Pre-sentence report about the offender when requisitioned by the Court is
yet one of the important duties of Probation Officer. It must contain all details about the
offender as also the evaluative summary of the
offender’s case.

Section 6 (2) of the Probation of Offenders Act imposes a duty on the Court to call for a Pre-
sentence report of the probation officer relating to character and physical and mental
condition of the offender before denying him the
benefit of release on probation. This view finds support in the decision of the Rajasthan High
Court in Suja v. State of Rajasthan wherein the Court held that provisions of Section 6 (2) are
mandatory and noncompliance thereof shall render the sentence void.
The Pre-sentence report submitted by the Probation Officer to the Court is treated
confidential because it carries information regarding personal and family antecedents of the
offender which are more or less of a confidential nature.
However, the contents of this report may be communicated to the offender, if the Court so
seems necessary with a view to giving the offender an opportunity to defend himself and
produce evidence, if any, to contradict the contents of the Probation Officer’s pre-sentence
report

2. THE PROBATION OF OFFENDERS ACT, 1958 (FEATURES)

In order to have a comprehensive law on probation, a Bill was introduced in the Parliament.
It was referred to a Joint Committee of the Houses, which submitted the Bill to Lok Sabha in
February, 1958. It became an Act called the Probation of Offenders Act, 1958. With the
passing of the Act, Section 562 of the Code of Criminal Procedure, 1898, which contained
the law on probation ceased to apply (repealed). The Act extends to the whole of Indie in
any State on such date as the State Government by notification in Official Gazette appoint.

Salient Features:- The Act contains 19 sections. Salient features of the Act are stated
hereunder:

Release after admonition (Section 3):- When a person below 21 years is found guilty of an
offence punishable with not more than two years and no previous conviction is found
against him, the court under Section 3 of the Act may release him after admonition. (If the
convict is below 21 years and the offence is not punishable beyond two years and has no
previous conviction the court under Section 3 of the Act may release him after admonition).

Conditional Release on Probation (Section 4):- Section 4 of the Act empowers the court to
release on probation with or without surety, a person guilty of any offence other than the
offence punishable with death or imprisonment for life. Section 4 envisages that the period
of probation should not exceed three years at first instance.

Age limit of Probation (Section 6):- According to Section 6 of the Act, the age of probationer
must be below 21 years. However, the court has a discretionary power to release on
probation in exceptional cases if the punishment is not life imprisonment or death sentence.
Further,

Sections 13 to 16 of the Act lay down the provisions relating to appointment of probation
officer, his powers and duties Section 15 recognises probation officer as public servant.
Sections 16 provides for protection to the probation officer from any legal action against his
acts under good faith.

3. PAROLE Meaning:- The expression 'Parole' literally means Conditional freedom under
supervision after serving a part of sentence". It is a kind of reformative scheme, which aims
to correct a prisoner by conditional release. For instance, a person convicted of an offence is
sentenced 10 years imprisonment. After serving a part of the sentence i.e. after 3 or 4 years,
if he is released conditionally for the purpose of correction, he is said to have been released
on parole. In probation, the offender is released before commencement of imprisonment
and is kept under the supervision of a probation officer. Whereas in the case of parole, the
offender is released conditionally after commencement of the imprisonment (or in the
middle of the imprisonment) and is kept under the control of a parole officer.

Parole is the conditional release of an offender, who has already served a portion of his
sentence in a correctional institution. It is also known as "premature release of offenders
after a strict scrutiny of long term prisoners under the rules laid down by various
Governments".

Historical Background:- Parole is not a new concept. In England it is known as 'ticket of

leave', which originated in a plan worked out by Captain Alexander Maconochie on Norfolk
Island in 1840. After serving a part of the sentence, a prisoner was granted ticket of leave
for his good behaviour. It permitted him to enjoy conditional freedom under supervision.
Therefore, Maconochie is called "the father of parole".

Object:- The main object of parole is to reform the criminals and to reduce over-crowding in
prisons. Parole is not a fundamental ight, but a discretionary power of the Parole Board. Jail
authorities recommend the case to Parole Board.

Procedure for Parole:- Certain classes of offender Sentenced to life imprisonment or death
sentence are excluded from parole. Parole is granted after strict scrutiny by the Parole
Board. The Parole Board takes into consideration various factors viz. reformation during his
stay in the prison, probability of good behaviour, chances of release, possibility of
employment after release, availability of home for him to go and the prisoner (applicant)
must have completed /3rd of the original sentence.

Distinction between Probation and Parole:- Both Probation and Parole have certain common
features. They are based on the principle of individualisation of treatment of offenders The
object of both probation and parole is reformation of offenders However, one differs from
the other as follows:
Probation :
1. It is a suspension of sentence before commencement of execution of the sentence.
(imprisonment)
2. The offender is kept under the supervision of probation officer.
3. Probation is granted by the court
4. Probation is granted before commencement of sentence and may be released after
probation period.
5. All offenders of special class except those convicted for life imprisonment or death
sentence are eligible for probation.

Parole:
1. It is a suspension of sentence after serving a part of the sentence.
2. The offender is kept under the supervision of S.I. or a Parole Officer.
3. Parole is granted by the Parole Board after recommend the court. endation by the Prison
Authority.
4. For granting Parole, the offender must have served at least 1/3rd of the sentence.
5. All prisoners of special class including those convicted for life imprisonment or death
sentence are also eligible for parole.

------------- ---------------- -----------

Q5.
Q. 5 Write short note on The Juvenile Justice (care and protection of children act).
Answer:

((not attended this question/ Not Answered))

.
------------- ---------------- -----------
Q6.
Q. 6 Explain Police and Criminal Justice. What are causes of crime?
Answer:

Police and Criminal Justice:

Police in Criminal Justice System:

All civil governments hold a criminal justice system to maintain the values of their civilized
society. The criminal justice system administers the standard of behavior required to protect
individuals in the society. The process of criminal justice operates by apprehending,
prosecuting, convicting and sentencing those members of the society who violate the basic
rules of social living. The role of police is decisive because the policeman is the first to arrive
on the scene of crime. Police, first and foremost, work extensively to maintain discipline and
prevent crime, make preventive arrests, conduct investigations and detection, control
crowds, control public in festivals, prevent riots and manage vehicle traffic etc. Like this, the
police play a wide range of functions.

All civil governments hold a criminal justice system to maintain the values of their civilized
society. The criminal justice system administers the standard of behaviour required to
protect individuals in the society. Understanding the criminal justice system is a
manifestation of understanding the police. ‘The process of criminal justice operates by
apprehending, prosecuting, convicting and sentencing those members of the society who
violate the basic rules of social living. This action by the agencies of criminal justice system
against law breakers serves various purposes such as, it removes dangerous people from the
society who pose a threat to its survival, it deters others from criminal behaviour thereby
making conditions conducive for social living and it offers society an opportunity to
transform lawbreakers or anti-social individuals into law abiding citizens’
‘The components of criminal justice system in India are the Police, the Prosecution, the
Judiciary, and the Prison and Correctional services. The police remain the central agency in
the criminal justice by the virtue of the nature of its functions in a society. The role of police
is decisive because the policeman is the first to arrive on the scene of crime. The way the
police man applies law in a given situation draws the parameters of a crime scenario within
which legal battles are fought. As mentioned above, the police collect facts, evidences,
examines witnesses and all other relevant materials which in a big way influences the
investigation. The consolidation of the British position in India laid the foundation of the
present-day police force’s, ‘Now the police force in a State is headed by the Director General
of Police. A State is divided into convenient territorial divisions called ranges and each police
range is under the administrative control of an Inspector General/Deputy Inspector General
of Police. A number of districts constitute the range. District police is further subdivided into
police divisions, circles and police stations. Besides the civil police, states also maintain their
own armed police and have separate intelligence branches, justice and law, crime branches,
etc. All the senior police posts in the States are manned by the Indian Police Service (IPS)
cadres, recruitment to which is made on an all-India basis. Recruitment, promotion and
cadre control in respect of lower posts from a Police Constable to the Deputy
Superintendent of Police are done by the State. Police, first and foremost, work extensively
to maintain discipline and prevent crime, make preventive arrests, conduct investigations
and detection, control crowds, control public in festivals, prevent riots and manage vehicle
traffic etc. Like this, the police play a wide range of functions.

There are many kinds of provisions in the Code of Criminal Procedure which empower the
police to do their functions with discretion.
The provisions give them power to investigate any offence from registering a FIR to make a
charge sheet. It is often seen that the police do not do their work as a good servant, they
even misuse their power. They refuse to register a FIR and the people have to rush to the
courts of law for issuing proper supervision to the police for the registration of FIR;
sometimes, the police does not take an instant action and delays the registration of
the FIR. The police may even alter the sections in favor of either party. ‘The law provides
that the police are empowered to proceed to the scene of crime for the purpose of
inspecting the scene of crime.’5 ‘However, police officers show little interest in inspecting
crime scenes, sometimes, crime scenes are inspected in an incomplete manner by trained or
incompetent personnel, so that physical evidence is not completely located or
contaminated. The only purpose of bringing the arrested person to the justice of peace or
the court is to detain a person and keep him under legal custody so that appropriate legal
actions can be taken to determine the guilt or innocence of the crime that was charged, but
the police thought it as a means to disgrace people.

Adaptation of Police in India

‘The word Police comes from the Latin word “Politia” which means “Civil Administration”.
The word “Politia” goes back to the Greek word “Polis” or a city.
Etymologically, therefore the police can be seen as those involved in the administration of a
city. Politia became the French word Police.

Legal Aspect
Legal provisions relating to the administration of police are defined in criminal law.
Criminal Law ‘The criminal law is in the form of substantive law, procedure law and evidence
law. The Indian Penal Code (IPC) as well as the special and local laws are enacted by the
Central and State legislatures from time to time and the procedural law is laid down mainly
in the Code of Criminal Procedure, 1973 (Cr PC.) and the Indian Evidence Act, 1872. These
three major Acts, i.e., the IPC, Cr. P.C. and the Indian Evidence Act were enacted by the
British during the second half of the 19th Century. Of these, the only major law that has been
revised since Independence is the Cr.PC, which was revised in 1973 on the
recommendations made by the Law Commission of India. The IPC defines different types of
crimes and their punishments. Crimes are divided into different categories, such as state,
armed forces, public order, public justice, public health, security, religions, human body,
property, election-related, currency, government stamps, weights and measures,
documents and property- symbol, Marriage and slander. The IPC has 511 sections, which
contain approximately 330 sentences.
‘Besides the IPC, the local and special laws (SLL) also contain penal provisions. These laws
have been enacted from time to time mainly to deal with new emerging forms of crime and
to protect the interests of the weaker sections.
Procedural Law
Procedure Law describes the registration, investigation, trial and follow-up procedures of
criminal cases from FIR registration to the final settlement. The police have no right to take
cognizance of all punitive crimes. The criminal law divides crimes into two categories:
cognitive crimes and non-cognitive crimes.
There are many kinds of provisions in the Code of Criminal Procedure which empower the
police. Such Provisions mention the powers of the superior officers of the police to
investigate an offence;
provisions of arrest during investigation,
provisions as to proclamation and attachment,
provisions as to search and seizure during investigation,
investigation of a cognizable offence,
investigation of a noncognizable offence,
police officer’s power to investigate a cognizable offence,
procedure for investigation,
submission of report of investigation through superior officer of police and transmission of
such report to the Magistrate, police officer’s power to require attendance of witness for
the purpose of investigation,
examination of witness during investigation,
statements recorded by Investigating Officer during investigation in evidence during a trial,
provision as to no inducement to be offered by a Police Officer during investigation,
recording of confession of accused and statements of witnesses,
issue of search warrant for the purposes of investigation,
procedure when investigation cannot be completed in twenty four hours,
report of investigation by subordinate police officer,
release of accused when evidence deficient,
provision of sending the case to the Magistrate when evidence is sufficient,
diary of proceedings of investigation,
submission of charge sheet of final report on completion of investigation, etc.
However, it is worth mentioning that although the police are the guards of public order,
they have violated the expected law. For example, in any case, FIR only has the authority to
decide when to register.

Criminal Justice Process

There are following main steps of criminal justice process:
Step 1:
The process of criminal justice system is initiated with the registration of the First
Information Report which is written by the police after receiving information about the
commission of a cognizable offence.
Step 2:
Now, it is the duty of the police to visit the scene of crime and investigate the facts of the
case. Examination of the scene of crime, examination of witnesses and suspects, recording
of the statement, conducting searches, seizing property, collecting fingerprint, footprint and
other scientific evidence, consulting records and making entries in the prescribed records,
like case diary, daily diary, station diary etc., Making arrests and detentions and
interrogation of the accused.
Step 3:
After the investigation is completed, the police in-charge sends the report to the Magistrate
of jurisdiction. If there is sufficient evidence to prosecute the defendant, the report sent by
the investigating officer will be in the form of a charge sheet. If there is insufficient evidence,
this report is called the final report.
Step 4:
On receiving the charge sheet, the Court takes cognizance and initiates the trial of the case.
Step 5:
The charges are framed. Now, it is the duty of the Prosecution Officer to prove the charges
against the accused beyond reasonable doubt. It is compulsory to give full opportunity to
the accused for defending himself.
Step 6:
If the trial ends in conviction, the Court may award any of the following punishments; fine,
forfeiture of property, simple imprisonment, rigorous imprisonment, imprisonment for life
or a death sentence.

Courts
The Judiciary has the Supreme Court (SC) at the apex, Below the SC are the High Courts at
state level, followed by Subordinate Courts in the districts. The judiciary in the State
functions under the supervision of High Court. The Constitution empowers the High Court to
issue directions, orders or writs for the enforcement of fundamental rights and for any other
purpose.
1. Supreme Court of India (The Apex Court)
2. High Court (Highest Court at the state level)
3. Sessions/District Court
i. Judicial Magistrates of the First Class/Metropolitan Magistrate’s
Court
ii. Court of the Judicial Magistrates of the Second-Class Executive
Fundamentals of Policing
‘The police are assigned the job of preventing and investigating crimes. They have the
responsibility to maintain public order, protect VIPs and play a crucial role in the security of
the State. To accomplish these tasks the police are vested with wide legal powers. These
include the power to arrest people, search their person and property. Call them to police
station for investigation and to take such lawful actions as required for discharging their
duties. In order to ensure that the people exercise these powers properly, the law has
imposed various restrictions on the police. With the advent of democratic institutions, the
people have become the source of power and the State has recognized their basic rights. In
other words, the basic duty of police today is to ensure the ‘rule of law’ which is the essence
of a democratic State.

Principles of Law Enforcement, the nine principles were as follows:

1. ‘Prevent crime and riots, rather than stopping them through force and legal sanctions.

2. Always recognize that their ability to perform police functions and duties depends on
their existence, functions and behavior, the recognition of the people, and the ability to
protect and maintain the dignity of the people.
3. Always realize that protecting and maintaining the respect and consent of the people
means that the people's consensus cooperation in observing the law is safe.
4. It is always recognized that the degree of security that can be achieved to the public
reduces the need for proportional use of force and forcing the realization of police goals.
5. Not by spreading the opinions of the people, but by showing complete justice to the law
in full policy freedom, and not seeking justice or injustice in the essence of personal law,
seeking and maintaining the favor of the people; regardless of people's wealth or social
status, through polite and friendly humor, and making personal sacrifices to save and save
lives, this is related to people's personal service and friendship.
6. Merely taking discipline, advice and vigilance to obtain the required amount of public
assistance, complying with the law or restoring safety and using minimal physical fitness
does not seem to be sufficient for any police force to achieve any special purpose.
7. Always maintain a relationship with the people. Take this historical tradition as an
example: the police are the people, the public is the police, and the police are just a
member of the public. They are paid to pay attention to everyone's responsibilities full-time.
Citizens for the well-being and survival of the community.

8. It is recognized that it is necessary to always strictly abide by the executive functions of

the police, to deprive individuals or national judicial authorities of the right to retaliate, and
to avoid conviction and punishment of the crime.
9. The test of police efficiency is the absence of crimes and riots, and it has always been
admitted that the police seem to have no point of view in handling these crimes.
When the police perform their duties, they engage in various activities, such as arrests,
searches, and interrogations. Various procedural guidelines require the police to conduct
inspections. These guidelines should be inferred or understood from the perspective of the
Indian Constitution; the Criminal Procedure Act of 1973 and other laws, such as the Police
Act or the Police manual. The importance of each such level is the basic meaning. Among all
the rights of the defendant related to the police procedure, it is usually considered to be the
pre-trial procedure, and what needs to be understood is the entire criminal justice
management department. For an effective and permissible method, it must be "fair,
reasonable and just".
The Role of Police & Judicial Response
The task of the police is to maintain discipline and enforce the law. Therefore, the
administrative department shows respect for human rights by investigating and appointing
police officers before investigating and prosecuting those who violate the law to enact laws
to protect the human rights of the people. It is the responsibility of the state to protect and
promote human rights in a democratic society. It is the responsibility of the police, military,
judicial or civil affairs departments to respect the human rights of all state institutions,
prevent violations of human rights and take positive measures to promote human rights. In
this case, the role of the police is particularly important.
Unfortunately, due to the conflict between the constitution and legal rights and the police,
when performing this duty, the police have both the legal obligation as a defender of the
law and the moral obligation to maintain the value of human rights for various reasons.
The Constitution is the supreme law of our country and gives everyone living in India the
right to protect their human rights. The third part, the chapter on fundamental rights, is
called the center of the constitution and guarantees the basic human rights of all people. It
promises that the state will protect human rights and protect citizens from unnecessary
attacks on their freedom, security and privacy The Supreme Court and various high courts
have explained the field of the Fundamental Rights. The Supreme Court firmly opposed the
infiltration of state agents. The court has issued several specific orders to enforce the law.
This guide covers all aspects of police room level and advanced police service. The
constitution guarantees certain rights for the defendant. Bail is granted; suspects are
interrogated; their laws also have the power to protect the rights of poor and disadvantaged
women. Military officers who deliberately violate the law will be prosecuted in accordance
with the relevant provisions of the Indian Penal Code and the 1971 Court Temporal Court
Act.

Causes of crime:

Crime is essentially an act that is punishable by law. It doesn’t occur owing to a single cause
but is an extremely complex happening that is influenced by the culture of the place in
which it takes place. For the same reason, many activities that are deemed illegal in one
country are legal in another. A case in point would be alcohol consumption which is illegal in
Muslim countries but legal everywhere else. With changes in culture, people’s outlook
towards what constitutes crime changes too. Owing to this, there can be various causes of
crime that change based on the nature of the crime, the time and place of its occurrence,
and the like. As a result, criminalization and decriminalization of various phenomena is an
ongoing process.
Causes of crime
Poverty
Poverty is one of the main reasons for crime. Countries with high rates of economic
deprivation tend to witness higher crime rates than other countries. Since people do not
have the means to secure a living in the right ways, they invest their time in criminal
activities since they are not only an easy means to get what they want but also do not
require any other prerequisite talents. The ever-increasing divide we are witnessing
between the rich and the poor can also be attributed to more and more of the poor looking
to crime as a means for living. Not being able to earn and sustain themselves leaves people
so frustrated that they resort to illegal means to sustain themselves and their families.
According to the data collected by National Crime Records Bureau, theft is one of the most
common crimes in India. All in all, the wealth inequality and insufficient means to acquire a
living in an honest way is driving the poor in India towards a life of crime.

Peer Pressure
It is an established fact that peer pressure plays a significant role in the lives of all teenagers
and young adults. That is a phase of life where people tend to look up to their friends and
believe what they do is the right or rather ‘hip and happening’ thing to do. So, peer pressure
compels them to join the bandwagon. The lack of wisdom and experience these people have
just added fuel to the fire. As a result, many individuals in their youth subconsciously get
drawn to vices like alcohol consumption and smoking just by looking at their peers. The
problem goes out of hand when this peer pressure does not stay restricted to alcohol and
cigarettes but extends to other illegal activities involving drugs that have the potential to
become an addiction and subsequently ruin their lives.

Drugs
Crime and drug abuse are closely related. A person under the influence tends to indulge in
criminal activities that they may have not indulged in otherwise. The main problem arises
when they get addicted to the drugs and believe they require it to sustain themselves. In
such a situation, drug addicts are ready to go to any extent to procure these illegal
substances. According to the data collected by the National Institute on Drug Abuse, which
is a wing under the National Institute of Health in the United States of America, over 70,000
people succumbed to drug overdoses in America, in the year 2019 alone. These figures are
alarming. Under the influence of drugs, people feel the urge to do things that are not only
illegal but also have the potential to ruin and at times even end their lives.

Politics
The interrelation between politics and crime is overlooked many times. This is problematic
as many people have engaged in criminal activities while dealing with political issues. There
are umpteen politicians with a criminal record. Additionally, there have been quite a few
politicians in developing countries who have also been associated with violent crimes and
murders. So many youth members of parties are often given weapons and instructed to
handle matters violently during conflicts. Any political dispute, however insignificant, usually
leads to rampant violence involving mobs. This not only exposes youth to criminal activities
but also puts the lives of various citizens at risk. So, an unstable political situation in a
country leads to an exponential increase in the crimes that take place there.

Religion
Even today, unfortunately, various divides and issues of society can be attributed to religion.
Despite it being a basic human right, many people are deprived of practising their own
religion. This leads to a feeling of resentment in the minds of believers. Moreover, there
have been an awful lot of cases involving crimes over different schools of thought too.
Innocent lives have been lost in this war over ideological concepts that have existed since
time immemorial. This is an extremely sad state of affairs considering that it is already the
21st century and human beings have progressed so much in other areas. There are a huge
number of crimes committed by religious fanatics while they try to further their cause by
propagating their religion or at times try to establish their religious superiority over other
faiths by resorting to destruction and vandalism.

Background
Oftentimes the background and family conditions of a criminal can be attributed to the
reason behind their crimes. When people believe that they are responsible to provide for
their family and they are unable to do so owing to lack of opportunities, lack of education or
other such issues that handicap them, they resort to crime. This is a sad state of affairs as in
such situations it is highly likely that the criminal would have refrained from engaging in
criminal activities had there been sufficient means for them to sustain themselves and
provide for their family. This issue does not lead to crimes such as theft alone but also
motivates people to commit gruesome acts that put their freedom and lives at risk just so
they can make a good amount of money through bribes or ransoms that can be used for
their family’s sustenance.

Society
In today’s times, money is one of the most important aspects of everyone’s life. The
meaning of money is not restricted to the amount of wealth in a person’s bank account but
is instead also attributed to their societal status, worth, and even values. As a result of this,
people value money more than their relationships and happiness. What other people think
of a person is more important to them than how they feel. Even schools and universities do
not teach children how to be happy and satisfied in life but instead teach them how to make
more money, which indirectly attributes wealth to worth. A case in point would be people in
awe of students who study and take up professions in the fields of science as opposed to art
as conventionally, they have chances of earning more. As a result, people earning less feel
unworthy and are compelled to indulge in a life of crime so as to make more money and feel
more worthy.

Unemployment
The lack of employment opportunities is an issue faced by developing and developed
countries alike. A huge portion of the youth of today are unemployed and as per a report by
the Confederation of Indian Industry, the youth employment rate is ever-increasing.
According to the data recorded by the Centre for Monitoring Indian Economy, the
unemployment rate in our country is ever increasing. Naturally, this leaves the youth
frustrated as despite spending a lot of time and money on their education they still find it
tough to get a good job. This leads to a feeling of resentment towards the system in the
minds of many youngsters who then rebel and resort to crimes early on in their lives.

Unequal rights
Deprivation is another significant contributor to the increasing crime rates. People resort to
notorious activities when they are deprived of their basic rights since that impedes their
means to obtain a livelihood in a conventional and honest way. They have limited options
and are already at a disadvantaged position in society that they choose to make money and
sustain themselves through hook or crook. This usually involves them engaging in criminal
activities.

Unfair justice system

The flawed justice system is another major contributor to crimes. When people believe that
they are not given their due and are unfairly treated by the system itself, they harbour
feelings of resentment towards it and start to rebel. This involves them engaging in criminal
activities and doing the opposite of what is expected of them. People try to get justice for
themselves when they feel like the state is not going to do the same and tend to commit
various acts of crime in their journey to avenge themselves and get what they believe they
deserve. Many innocent people resort to crimes when they are wrongly proven to be guilty
in the Courts owing to a lack of trust in the system.
Crime spares no continent, country, state, city or street. Crime is a concept that exists along
with the creation of mankind. It is an act or omission of an act which causes harm to the
society as a whole and causes disturbance and panic in the society. Such an act is punishable
by the criminal laws. Over the ages, the amount and types of crimes changed and to deal
with them appropriate laws has been made. Now crime can even take place in the virtual
world and can make the same type of impact in the society. The techniques and methods of
committing crime have changed and so has the factors that cause crime.

The causes of crime have also been dynamic and are changing according to the time. The
causes of crime in the same country can differ due to various reasons. It is said that
occurrence of crime in India is more than the crime originating in the developed countries.
Also few of the religious practices are now termed as criminal activities. Hence, investigation
done in order to find out causes can prove that the factors that cause crimes can be for
religious reasons, biological reasons, economic instability, lack of education, poverty, in
search of power, misleading and provocation etc.

Types of Crimes
There are various types of crime in the society. Following are a few examples of types of
Crime:
Crime against Human Body
These are the crime that is inflicted upon a person or a group of persons by another person
or group of persons. These are the crimes that are mostly related to a certain body injury.
Such grievous injuries are caused by rash driving, negligence etc.

Violent Crimes
These crimes are those that are of extreme violent in nature. These crimes include murder,
kidnapping and abduction. In crime statistics it was seen that main cause behind 5,179
murder cases was personal vendetta and enmity.

Crime against women

These type of crime includes ‘cruelty by husband or his relatives’, assault on women with
intent to outrage her modesty’, kidnapping or abduction and rape. Rape is described as the
most common crime against women.

Crime against Property

Mostly this includes destruction, degradation or stealing of properties of others.

Cyber Crimes
The crimes committed in the cyber world are covered under this category. Such crime can
be committed for illegal gains, revenge, insulting women’s modesty etc.

Though it is impossible to accurately define what may drive a person to commit any crime.
Sometimes situations that seem normal may have a different impact on a person and it
depends on that person’s mental stability and condition that how they react about it. Not
everyone has criminal tendencies but what situation might trigger such behaviour it is hard
to tell.

Causes of crime
There are certain categories that specify some of the main causes of crime. They are as
follows:

Lack of Education
The most commonly seen causes of crime are lack of educational values. It is not that
people who get education doesn’t commit crime, it just means that people with lack of
education tend to fall for criminal trap easily, lack of education leads to less chances in
getting jobs which leads a person to choose the wrong path for earning easy money. Also
only serving bookish knowledge to kids doesn’t help them in overall development of their
inner selves unless they are given proper knowledge about values and ethics as well.

Ineffective Legal System

Even now whenever a dispute arises people say the term that “I’ll see you in court” but long
delays in the decision making system and sometimes a little slack in the duties of the
investigators leads to the person actually liable, roam around freely. Rich and powerful
convicts don’t even have to spend time in the jails they just get bail or stay out in probation
and our law fails to provide justice to the aggrieved. Corruption is the main element here in
such cases. This feeling of getting away for whatever they have done encourages the wrong
doer to continue their filthy actions and spread crime and terror.

Poverty
The main reason for poverty is unemployment. With increase in population it is getting
harder for people to find jobs. With no jobs and no means to earn a square meal a day
people resort to alternate solutions which are not always legal. Poverty is a true evil for the
society as it gives rise to not one but a large number of problems.

Alcohol and Drugs

Even after multiple restrictions people still get their hands on alcohol and various kinds of
drugs. Underage drinking is common nowadays. The youth who got addicted to drugs gets
involved in illicit selling and buying of drugs. These items make people lose their sense of
rationality and hence a lot of crimes are committed under the influence of alcohol and
drugs. Alcohol gives rise to a number to different crimes such as drinking and driving,
domestic violence, murder etc. Drugs are also used by criminals to make people delusional
and then commit crime against them. It example can be rape, robbery, kidnapping etc.

Virtual World
Earlier there were no laws against crimes committed in virtual world but now law regards
cyber-crimes equally as punishable as any other crimes as it have the same disastrous effect
on a human beings life. “The modern thief can steal more with a computer than with a gun.
Tomorrow’s terrorists may be able to do more damage with a keyboard than with a bomb,
Hacking, fraud, impersonation etc. are some crimes that take place online.

It should be noted that it is not necessary that the every aforementioned conditions is the
only cause of crime. There is always an external factor that affects a person and makes them
act in such a way. We cannot predict the exact situation that may have triggered the
criminals mind. These specific conditions are different in every case and hence they cannot
be removed from any system.

Conclusion
The crimes in India are rapidly increasing year after year. Whether they are against women
or property or cyber-crimes, the numbers of cases are multiplying. This is a big issue
because it not only shows the increased number of crimes in our country but also the
inability of our government to control. It is clear that the exact causes of crime cannot be
determined hence in order to counter these crimes effective methods should be adopted.
Causes are different even in a similar situation, they differ from person to person hence
rather than just filling up prisons the law-makers should focus on laws that bring about
changes in those people. If causes of crime are due to mental instability or lack of education
then appropriate measures are adopted in order to tackle such crimes. Education i.e., values
and morality should also be taught to children so they do not resolve to any illegal activity
whatever may the situation may be.

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