Difference Between Crime and Sin? Note on Crime & Sin? Essentials of crime?

Sin can simply be defined as an action or way of behaving that is not allowed by religion,
something considered incorrect by God, or an offence against religious law. Crime can be
defined as legal wrong. It’s a form of conduct that has been declared socially harmful in a
state and forbidden by law. Defying this law leads to punishment.

Essentials of Crime: A crime must be committed by a person. There must be some harm or
injury to another person. There must be an act (Actus Reus) which is prohibited by law.
There must be a guilty mind of the person committing the crime, that is, Mens Rea.

Sin Crime
Sin is provided in respective religious It is the set of rules that are provided
books of different religions. in criminal statutes; those are the
Indian Penal Code (IPC), Criminal
Procedure Code (CrPC), etc.
It results in violation of rules of religion. It includes a breach of law.
A person committing sin is punished by A person committing a crime is
God. punished by the state.
There is no direct harm or injury In crime, injury is an essential
involved. element.
The remedy for sin is penance. Remedy for crime is subjected to a
term of sentence by the court of law.

A sin is an act or behaviour that is Crime is an action against the law.

against religion or God’s will.
It is recognised by God or religion. It is recognised by the state or
government.
It is a subjective term and specifically It is the set of rules by social codes of
refers to something that has no base to the nation, and on breach of such
measure a degree of punishability. rules, punishment is provided.
It is a religious concept. It is a legal proposition.

Conclusion: Every crime is a sin, but every sin need not be a crime. For example, adultery is
a moral wrong and is considered a sin. At the same time, adultery is not a crime because it is
not made punishable under any law in India. Thus, if a crime is committed, it would be
punishable by law, and if a sin is committed, it would be punishable after the death of the
sinner (by God).

Difference between Intention and motive distinguished?

The intention and motive vary in several ways. A clarification was given by Madurai Bench
of Madras High Court in the case of Ganesan vs. The State, Rep by on 16 November, 2012 in
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CRIMINAL APPEAL (MD). No. 22 of 2011 where Intention is different from "motive" or
"ignorance" or "negligence".

Motive can be described as the underlying objective behind the commission of an act, that
drives a person’s intent. In short, it is the inducement, i.e. the reason, which impels the
accused to engage in criminal activity.

In criminal law, the intention is defined as the deliberate objective that leads a person to
commit a crime, forbidden by the law, or that may result in an unlawful outcome. The use of
specific means that resulted in the commission of a crime expresses the intention of the
suspect.

Motive Intention
motive refers to the reason behind an intention reflects to Individual behaviour’s
individual’s behaviour desired outcome
Motive is the “why” behind an individual’s intention is the “what.” Behind individual
action action
Motive is the driving force behind an intention is the goal or objective that
individual’s behaviour individual hope to achieve through their
behaviour
Motives can be conscious or unconscious intentions are often conscious decisions
and may be influenced by a range of factors made to achieve a specific goal.
Motive is generally more abstract than intention is more concrete and can be
intention and can be difficult to articulate clearly defined
Motive is not an essential element of a The intention is an essential element for
crime. It is considered irrelevant in deciding deciding the criminal liability of an accused
or ascertaining the guilt of the accused
Motive tends to be more personal and intention is more objective and can be
subjective evaluated based on its outcome.

Define Crime? Reasons of Crime? And Characteristics of Criminal Law?

Cause of crime?

Halsbury defines crime as an unlawful act which is an offence against the public and the
perpetrator of that act is liable to legal punishment.

Salmond defines crime as "an act deemed by law to be harmful for the society as a whole
though its immediate victim may be an individual. He further substantiates his point of view
through the following illustration." A murderer injures primarily a particular victim, but its
blatant disregard of human life puts it beyond a matter of mere compensation between the
murderer and the victim's family.

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Stephen has defined crime as "A crime-large" A crime is a violation of a right considered in
reference to the evil tendency of such violation as regards the community at large.

reasons of crime: Criminal commits Crime for to generate voluminous income at faster pace,
to instil fear in minds of general public, to gain fame.

Characteristics of Crime, following are the important characteristics of crime:

1. Act (Actus Reus): The offender must have committed or omitted to do an act which is
prohibited by or under the prevailing law, amounting to an offence. It is to be noted that
not only the act is punishable but so is the omission too, if it results into harm to the
society, is punishable. However, the court of law holds a person liable for the
commission of acts and not otherwise.

2. Guilty mind (Mens rea): The intent to commit a crime is officially known as “mens rea,”
which is Latin for “guilty mind.” Properly translated the term means “criminal
intention”, or an intention to do the act which is made penal by statute or the common
law.

3. Victim of crime: Whenever the crimes are committed, the loss to the person is stated as a
public wrong. The victim's loss is not that essential to constitute a crime, as there are
certain situations in which there is no victim but the act is treated as crime on the basis of
culture, morality or decency.

4. Prohibited act: An offence when committed, ought to have been prohibited under the
existing legal system, unless specifically mentioned. It is a general rule of criminal law
that no offence can be punished retrospectively, if the said act did not constitute an
offence at the time the said act was committed.

5. Punishment: An act or omission has to be punishable under the penal system. Such a
punishment can range from capital punishment to a paltry fine. It is also essential to
ensure that the offender is not subjected to 'double jeopardy', i.e., being subjected to
double punishment for the same crime.

6. External consequences: Crime always has harmful impact on the society be it social,
personal, mental or physical.

7. Relativity: It is a very complicated subject to study, because an activity that might be

labelled as a crime at a particular place; say drinking and gambling, may not be treated as
offence when committed in a club. Such a varying description of activity has been
described by Taft as 'blue laws'.

Basic Elements of Criminal Law: Prof. Paranjape states that an effective criminal law must
have four elements:

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 1. Politicality: Implying that violation of rules laid down by the state is regarded as crime;

2. Specificity: The provisions of law should be specific, unambiguously adjudging the act as
a crime;

3. Uniformity: The application of law should be without any discrimination on the basis of
caste, race, sex etc. the law should be applicable uniformly all over the country;

4. Penal sanction: With the help of the penal sanctions, the fear of being punished can be
instilled in the minds of the members of the society and hence deter them from
committing crimes.

Classification of Crime, the classification of crime can be studied under following

categories:

1. Legal: Crimes such as theft, rape, dacoity, murder, harm etc. are the legal crimes.

2. Political: Crimes such as immoral campaigning, booth rigging, violation of norms or of

any such rules that are laid down by the Election Commission.

3. Economic: These are the white collar crimes committed quite often in the society. In
certain cases, such as tax evasion, smuggling, gambling, the effects are not immediately
affecting any individual and the offences are not severely condemned by the society.

4. Social: There are several social laws passed for the welfare of the downtrodden and
weaker sections of the society. Violation of such laws are termed to be social crimes such
as violating provisions of Child Marriage Restraint Act, 1978, Protection of Civil Rights
Act, 1955, Immoral Traffic (Prevention) Act, 1956, Dowry prohibition Act, 1961, Eve
teasing Act etc.

5. Miscellaneous crimes: There are certain crimes that are committed under the local or
special Acts such as Prevention of Food Adulteration Act, 1954, Prevention of Illicit
Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988, Drugs Act, 1940;
Consumer Protection Act, 1986 etc.

Classification of offences under I.P.C., Various offences and crimes have been broadly
categorized and classified in the Indian Penal Code: 1. Offences against person, 2. Offences
against property, 3. Offences relating to documents, 4. Offences against public tranquillity, 5.
Offences against State, 6. Offences relating to public servants.

Causes of Crime: are biological, psychological, social, and economic factors. Usually a
combination of these factors is behind a person who commits a crime. Reasons for committing
a crime include greed, anger, jealously, revenge, or pride. There is a close relationship
between economic condition and crime, as we know that poverty, lack of money, economic

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disparities etc. are the important causes of crime. That is, when the family is in financial crisis,
then the family members start committing crimes like theft, prostitution, adultery.

4.) Definition of Criminology? Note on Criminology? Scope, Importance and

nature?

Definition of Criminology: Criminology can be regarded as a study of crimes and their

causes which further embraces the study of crime problems, the prevention of crime, the
effects of punishment on the criminals as well as on the society and also the treatment of the
criminals. Criminology is an important subject to be studied since the society needs to
be safe and secure against criminals.

The Law Lexicon defines criminology as "study of crimes, their nature, the causes, detection
and prevention of crimes".

Dr. Kenny states that Criminology is a branch of criminal science which deals with crime-
causation, analysis and prevention of crimes.

The four major schools of criminology are the pre- classical school, the classical school, the
neo-classical school and the positivist school.

Nature of criminology: Is criminology a science? Criminology is an important subject to be

studied since the society needs to be safe and secure against criminals. A student of
criminology has to study the reason of crime, process of investigation and prosecution in the
court of law bringing the facts of the case to light to enable the State machinery to decide
upon the case. In absence of such a process, the criminals would go scot -free and no rule of
law would prevail anywhere in the society. This would make our society a perilous place to
live in. Criminology cannot be termed as pure science since the causes of a particular offence
or act may differ and cannot be compartmentalized into just one category'. For instance,
murder may be committed due to several reasons.

The study of criminology also deals with the punishment which serves the purpose of
retribution and reformation. The study of criminology helps to gauge the gravity of offence
and to award punishment to the offender accordingly. Inflicting pain and agony on the
offender is not the only purpose of punishment. The study of criminology would help in the
administration of justice to decide the quantum of punishment, probation, parole and problems
related to juvenile and recidivists. It is very complicated because an activity that might be
labelled as a crime at a particular place, say bigamy, gay marriages etc. may not be treated as
offence by all the religions, cultures or societies. In modern days, criminology is an
interdisciplinary science which combines with criminal justice, political science, psychology,
economics and the natural sciences.

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

1.Study of the causes of crimes and development of criminals.

2. Study of the origin and development of criminal laws.

3. Study of the different factors that enhances as:

a. to study the effects of social conditions on crime and criminals including the machinery
of justice and the evolution of criminal law and punishment.

b. to study of human mind in relation to criminality.

c. to study of the role of the victim in the commission crime.

d. to study of the relationship between criminology and population.

e. to study of the relationship between environment and criminality.

f. to study of criminality in relation to physical constitution of humans.

4. Study of the various process and measures adopted by society violation of criminal laws:

a. the detection and investigation of crimes,

b. the arrest and apprehension of criminals,

c. the prosecution and conviction of the criminal in a judicial proceeding,

d. the enforcement of laws, decrees and regulations,

e. the administration of the police and other law enforcement agencies,

Importance of Criminology:

1. The most significant aspect of criminology is its concern for crime and criminals. It
presupposes the study of criminals with the basic assumption that no one is born a criminal. It
treats reformation as the ultimate object of punishment.

2. As Donald Taft rightly puts it, the study of criminology also offers a background for the
profession and an opportunity for social workers. The police, the lawyers, attorneys, judges,
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jurors, probation officers, detectives and other specialists such as psychologists, psychiatrists
and sociologists, etc., need perfect knowledge of criminology and administrative machinery
for the criminal justice system for their professional pursuits.

3. Criminology also seeks to create conditions conducive to social solidarity in as much as it

tries to point out what behaviors are anti-social. It tries to convince the offenders through
punitive sanctions that anti-social conduct on their part is bound to entail punishment, misery,
misfortune and disrepute in society.

4. The reformative treatment offered to first offenders, juvenile delinquents and insane
criminals is intended to reform them as law-abiding members of society. Various correctional
methods are devised to achieve this purpose. The ultimate objective is to render a crime-free
society as far as possible with a view to attaining social harmony.

5. It is important for lawyers (when dealing with criminal clients it helps to understand their
mindset and particular circumstances for purposes of giving proper legal advice as well as for
pursuing a logical line of defence), judicial officers (for purposes of awarding appropriate
sentencing, it is important for a judicial officer to not only understand the offender, but the
society/community’s perceptions and emotions on given offences), law enforcement officers
(for purposes of investigations, prosecutions, surveillance and crime prevention, for those
holding criminals such as prison officers), social workers, psychologists, etc. to understand
the criminal more.

6. It enhances official understanding of criminals, offenders, the types and prevalence of

offences committed, generally or specifically by a class of people or in certain localities. This
kind of understanding supported by data is important for crime detection and control. The
government is enabled to plan better in terms of allocation of resources toward fighting
different types of crimes.

7. The ultimate object of criminology is to render a crimeless society.

The nature of criminology has been studied by Dr. W. A. Bonger under the following
sub-heads:

1. Criminal anthropology: It is a branch of criminology concerned with offender

identification, based on comprehended relation between the nature of a crime and the
personality of the offender. It is to be noted that the term criminal anthropology is generally
reserved for the works of the Italian school of criminology of the late 19th century. The
theories in anthropological criminology include symbolism, fundamentalism, and imitation.

2. Criminal sociology: In this case, a reference is made to Dr. Sutherland's 'differential

association theory' that neglects the psychological traits of the offender but suggests that
criminal activities should be attributed to the association of the criminals with other offenders
and the company that they keep.

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3. Criminal psychology: Here, the researches conducted by Alfred Binet, Prof. Jerman are
studied to co-relate criminality with emotional aspect of human nature.

4. Criminal psycho-neuro-pathology: The studies of Glueck and Sigmund Freud have

tremendously influenced this factor whereby the criminality is studied in the light of
functional deviations and mental conflicts in the personality of the offender.

5. Penology: It studies the aspects of punishment, penal policies and the quantum of
punishment. Penology is the study of the punishment of crimes, including prisons and
prison administration. The term penology is Latin word poena meaning penalty.
Penology is a subcategory of criminology, which is the study of crime, and
sociology, which is the study of human interactions.

The term "criminology" is derived from Latin word "crimen" which means crime or
accusation and Greek word "logos" that means science or study. The Definition of
Criminology involves 2 main areas of research being: Etiology & Phenomenology. While
Etiology is a part of criminology that researches possible causes of a crime (crime
causation); Phenomenology researches all forms (types) of crime.

Criminology can be divided into:

1. Theoretical criminology: (criminal psychology, criminal anthropology, criminal

sociology, criminal politics, prophylactic criminology, criminal psychiatry and
penology).

2. Applied criminology or pragmatic criminology: Criminology does not have its own
methods. It uses scientific methods of other sciences such as analysis, synthesis,
comparative method, statistical method, experiment, psychological method etc. Unlike
the studies of mathematics and psychology where calculation and introspection are
respectively involved, study of criminology methods that is either borrowed or adapted to
a specific object of research (crime, victim, criminal, social or anti-social behaviour,
environment etc).

Scientific and Unscientific theories: A theory is held to be scientific, when the approach and
the hypothesis are empirical and the collection of data is systematic and objective. A theory
should satisfy the following characteristics to be qualified as a scientific theory:

1. It should be based on verifiable observation which should be based on facts and figures.

2. It should be accurate without any exaggeration or underestimation. Besides, the

observation should be precise in terms of measurements and degree.

3. The observations should be made under controlled conditions, i.e., though the
experiments are not conducted in laboratories, it should be ensured that all the important
variables are under control.

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 4. The said observations should be made by learned, experienced and trained observers
because if their expertise is not foolproof, the results would be inaccurate and doubtful.

A scientific theory should be able to define the causal relationship between the variables
instead of casual connection which would make the theory less scientific or completely
unscientific.

A School can be termed as a group of people sharing a cause, principle and method and
whose members on account of their work, share certain distinctive characteristics. So the
school of criminology can be described as the group of researchers though with different
ideologies, still sharing similar objectives as regards to the crime and criminals. Thus, the
researchers belonging to any school of criminology have to follow the said following steps:
Defining the problem, reviewing the literature; formulating the hypotheses or making
tentative propositions to explain certain facts; Planning the research design; Collecting the
data and drawing conclusions or making generalizations regarding the uniformities and
regularities found in the facts through an inductive method.

the theological theory of crime was held to be unscientific. The Apostle Paul's view of the
Theological Theory of Crime is comprised of these main points:

1. Law was given by God to define sin and crime. 2. Man commits crime because of his
fallen nature. 3. God ordains governments to deter and/or punish criminals. 4. God offers
salvation. Those who accept it are changed - no longer under obligation to their fallen
nature.

This theory has been dismissed by the criminologists as unscientific. Firstly, because it is said
to be based on religion, bigotry and intolerance rather than science. Secondly, no theory which
includes theology can be relevant because terms like right, wrong, sinful or even virtue are
relative, therefore, a man cannot have a fallen nature though it can be stated that man merely
needs to learn how to improve himself.

Different Schools of criminology?

Pre-classical School: The period of 17th Century & 18th Century in Europe was dominated by
Saint Thomas Acquinas (1225 -1274). There was dominance of religion in State activities.
There was supremacy of Monarchy. As scientific knowledge was yet unknown – concept of
crime was vague. General belief that the man commits crime due to the influence of some
external spirit called ‘demon’ or ‘devil’. Crime not committed because of free will but due to
influence of some external super power. There was a demonological theory of criminality
propounded by the exponents of pre- classical theory acknowledged the omnipotence of spirit,
which they regarded as great power. They considered crime and criminals as an evidence of
the fact that the individual was possessed of devil or demon the only cure for which was
testimony of the effectiveness of the spirit. Worships, sacrifices and ordeals by water and fire
were usually prescribed to specify the spirit and relieve the victim from its evil influence. The

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right of the society to punish the offender was well recognized. The offender was regarded an
innately depraved person who could be only by torture or pain. The evolution of criminal law
was yet at a rudimentary stage. Hobbes suggested that fear of punishment at the hands of
monarch was sufficient deterrent for the members of early society to keep them away from
sinful acts which were synonymous to crimes. Such practices even continued in India.
However, with the introduction of penal system by the British rule, such barbaric practice
reduced drastically.

Classical School: The researchers from the classical school of criminology have defined
crime as behavior which violates the social contract, which is detrimental to the personal
safety and property of the individuals and not the state. The school stated that there was
consensus among the people for the need of protection of property and personal welfare. To
achieve this goal, these people entered into a social contract with the state that they would
preserve the peace in the society within the terms of the consensus and accept the punishment
awarded by the state in proportion to the gravity of the crime committed. The classical school
believes in 'free will' theory whereby a person has the freedom to do anything which is
similar to Rousseau's social contract theory. The classical school of criminology has described
the following four principles:

1. The rights and liberties of an individual should be protected;

2. All persons who commit the same crime should be punished alike;

3. Crime is a judicial abstraction and therefore a definite penalty should be attached to each
crime and invariably inflicted;

4. Punishment should be limited by the social need and should be considered to be

sufficient, if it is deterrent in impact and prevents others from committing any illegal
activity.

Beccaria's work can be summarized as the following:

1. Man is hedonistic in nature. Due to this selfish nature, prefers pleasure over pain.
2. Pain of punishment should outweigh any pleasure gained out crime. Punishment should be
assigned to the crime and be awarded in proportion to the measure of harm or loss caused by
the offender due to the said crime.
3. Predetermined Punishment and fair trial of the accused.
4. Rule of law.

 Criticism of this theory: -

o One of the major shortcoming of the classical school was that it proceeded on an abstract
presumption of free will and relied solely on the act (i.e., the crime) without devoting any
attention to the state of mind of the criminal.

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 o It was criticized on the ground that all the criminals were treated alike without any
consideration of age, sex, intelligence etc.
o No mention of variety of crimes or categorization of criminals, thus it prescribed equal
punishment for same offence.
o Lastly the school laid emphasis on individual act rather than the social surroundings of the
criminal.

How positive school differs from classical school?

Classical school studies the system of criminal justice and penology, proposing indirectly that
man is calculating animal in causes of criminal behavior. The classical school emphasis that
people have free will in making decisions and that punishment can be deterrent to crime so
long as punishment is proportional fits the crime and is carried out promptly.

While the Positive School studies the subject of criminology for the objectivity of criminal
behavior by studying the biological, psychological and Sociological factors that influence the
criminal behavior of a man.

Neo-Classical School: Neo-classical school gained popularity among the scholars due to the
inability of the free-will theory to provide the explanations for the crimes and also in
prescribing treatment for the first time offenders. It was suggested that a more lenient
approach should be adopted towards insane, minors and even incompetent people. However,
to protect the interest of the law-abiding citizens, it was believed that violators of law should
be kept away so that peace and public order can be maintained.

It was also pinpointed that the situations and the circumstances under which a particular crime
is committed should be studied. A more humane approach was adopted which is evident from
the substitute correctional methods devised to reform the offender. For instance, parole,
probation, open air prisons etc. were initiated. For the first time recognized the need for
variations in sentencing by Judges depending on sex, age, mental conditions, etc. of the
offender. Certain categories such as minors, idiots, insane or incompetent had to be treated
leniently in respect of punishment irrespective of the similarity of their criminal act. This step
was considered a progressive step in as much as it emphasized the need for modifying the
classical view.

 The main principles can be summarized as follows: -

o There was a scientific approach. They justified the mitigation of punishment in cases of
certain psychopathic offenders.
o They brought out a distinction between the first time offenders and recidivists.
o Though neo classists recommended lenient treatment for irresponsible or mentally
depraved criminals on account of their incapacity to resist criminal tendency but they
certainly believed that all criminals whether responsible or irresponsible must be kept
segregated from the society.

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 o More humane approach was adopted which is evident from the substitute correctional
methods devised to reform the offender. For instance, parole, probation, open air prisons
etc. were initiated.
o They also adopted subjective approach to criminology and concentrated their attention on
the condition under which an individual commits crime.
o It may be noted that the origin of jury system in criminal jurisprudence is essentially an
outcome of the reaction of neo-classical approach towards the treatment of offenders.
 Criticism:
o As to the shortcomings of neo-classical school of criminology, it must be stated that the
exponents of this theory believed that the criminal, whether responsible or irresponsible, is
a menace to society and therefore, needs to be eliminated from it.
o As Saleilles observed: "the protection of society from crimes must be our primary
concern". He considered responsibility as a concept of social organization which the
exponents of neo-classical school seek to convert into metaphysical and abstract notion
without corresponding reality.
o These abstract notions of 'free will' and 'responsibility' cannot furnish legal ground for
Judges and juries' to form a basis for their discretion.

Italian School / Positive School/The Positive School of criminology: Some phrenologists

also tried to demonstrate the organic functioning of brain and enthusiastically established a
co-relationship between criminality and the structure and functioning of brain. This led to the
emergence of the positive school of criminology. The main exponents of this school were
three eminent Italian criminologists, namely Cesare Lombroso, Raffaele Garofalo and Enrico
Ferri.

(i) Lombroso: Lombroso, also treated as the father of modern criminology, propounded the
theory of 'born criminal', also known as Lombrosian theory from the 'Constitutional
School'. Cesare Lombroso propounded the theory of the "born criminal" emphasizing that a
criminal is born as he is. He is the case, the crime, and the outcome. Born criminals are
described as individuals who are born with a genetic predilection toward criminality.
Lombroso was from the Italian School of criminology and was regarded as the originator of
modern criminology. He characterized criminals through physical appearance i.e low
forehead, receding chin, ears standing out from the head, peculiar size of head and eyes. He
changed this theory several times. According to him, the criminals resemble with savages and
inferior animals. While he served as a doctor in the army, he came across a variety of soldiers
and noticed that the offensive soldiers had more indecent tattoos than the disciplined ones.
Lombroso has described three types of criminals:

1. Born criminals having atavism, i.e., resemblance with remote ancestors, exhibiting
primitive and savage qualities. He had enumerated 16 characteristics as indicators of
criminality.

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2. Insane criminals: such criminals have committed crimes under the influence of paralysis,
dementia, pellagra, alcoholism, hysteria, epilepsy etc.

3. Criminaloid: These are the criminals who commit crimes due to existence of certain
circumstances or situations or by one who has tendency to commit crime to overcome one's
inferiority or in order to survive.

Being dissatisfied by the classification, he himself had included social and economic factors
as contributors to a crime. It was at this juncture, that the sociologists began their work on
multiple causation theory.

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

i) His theory was considered to be racist and class biased because of his categorization on
physical terms.
ii) He was criticized on the ground of being prejudiced, since if a particular race was found
with a specific trait, the whole community was considered to be born criminal.
iii) He was further criticized due to insufficient data. His sampling method did not take
into account racial and ethnic differences among the members leading to homogeneity.
(ii) Enrico Ferri: Enrico Ferri classified the factors of the crime as individual or
Anthropological. The age, sex, civil status, profession, domicile social rank, education and the
organic constitution are the anthropological factors. His approach towards crime control was
more sympathetic where he emphasized that there is need to formulate penal substitutes, since
crimes cannot be solely controlled by judicial courts, punishments and prisons.

He has classified criminals into five categories:

1. Insane criminals: These criminals commit crimes due to certain congenial and mental
problems.

2. Born criminals: Influenced by the theory of Lombroso, he categorized offenders into

'born criminal' category too.

3. Habitual criminals: They are influenced by the social and physical environments and
exhibit atavistic tendencies.

4. Criminals by passion: They are involved in crimes due to their impulsive behavior like
anger, jealousy, inferiority complex and they even are repentant about their deeds at a later
stage.

5. Occasional criminals: They are tempted to commit offence due to the situation or the
opportunity available.

 In the case of Amar Singh vs State of Punjab – court held that no one is a born criminal
and that a good many crimes are the product of socio economic conditions.

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  Probation of Offenders Act is an example of reformative measure based on this school.

(iii) Raffaele Garofalo (1852-1934): Garofalo, a Magistrate and a senator from Italy, has
defined natural crime as, "conduct which offends the basic moral sentiment of pity and
probity." He believed that all the criminals have a predisposition of committing crimes and
such thoughts are not influenced by any external factors but are the result of their own moral
organization and their thought process. In his research 'criminology', he has categorized
criminals into four classes:

1. Endemic: These are the criminals who commit offence such as murder or other heinous
crimes that are caused by their character or are a result of their temptation;

2. Criminals deficient in probity: They are the offenders committing crimes like thieving,
conning etc.;

3. Lascivious criminals: They are involved in crimes that are immoral or unchaste and are
unacceptable to the social norms;

4. Violent criminals: Such criminals are influenced by the environment that may be social,
economic, religious or even politics-oriented.

However, Garofalo's views differed from that of Ferri, since he supported death sentence and
believed that it would act as a deterrent. However, since capital punishment cannot be
awarded to all the offenders, he suggested transportation and imprisonment as an effective
mode of punishment. He also advocated the rehabilitation of the criminal and stated that if
with any help the criminal can be reformed, the society should support and supply him the
means to restore himself to the position of a good and law-abiding citizen.

Sigmund Freud/Egoistic Approach: Sigmund Freud studied the problem of criminality with
three ingredients or segments, id, ego and superego.

ID: It is an individual's raw instincts or desires, drives or urges such as hunger, sexual desires,
lust for power, affection or even hatred for siblings etc.

Ego: It is the reality. This does not exist at the time of birth but it is something that a person
learns from his surrounding and this ego with the growing age starts developing and tries to
control the id, i.e., the temper. Ego is the conscious personality of which the individual is
aware.

Superego: constantly tries to suppress id while ego is the acceptable balance between id and
super ego. Ego is the conscious part of personality while Id and super-ego are the unconscious
ones. Superego is largely a part of the unconscious personality existing in the unconscious
areas of mind. This part of mind is normally influenced by the morals, ethics and attitudes of
the parents with whom the child is in contact. Freud believed that a criminal was a person who
could not balance or failed to balance the id in response to the socially accepted behavior.
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Conclusively, Freud explains that since id demands pleasure; superego demands control and
repression; there is a tug of war between id and super ego to pull the 'ego' towards them. If the
super-ego of a child is not properly developed, the child would become a delinquent. Freud
blames such underdevelopment of super-ego on the parents who are unloving, harsh or are
separated during the upbringing of the child.

Clinical School of Criminology: - Study on emotional aspect of human nature. This branch
of knowledge has enabled modern criminologists to understand criminal behavior of offender.
This theory takes into account variety of factors. It further suggests that criminals who do not
respond to correctional methods, they must be punished with imprisonment. While who are
merely victims of social conditions must be treated with probation, parole, reformatories, etc.
Thus individualization is the cardinal principle of penal policy in modern times. This is also
known as Correctional trend – through individualization.
This school of thought states that the treatment of the offender should be weighed against the
severity of crime committed by him. For instance, those who are habitual and hardened
criminals should be subjected to rigorous imprisonment and even transportation while those
who are willing to reform should be supported and provided with more humane treatment like
probation, parole, open-air prisons etc.

Sociological School of Criminology :- Crimes are inter related with social factors. Crime rate
varies with changes in the social order. For instance, factors like religion, employment,
political ideologies, culture, population etc. are the basic factors to study the criminal
activities in a society. The said idea was also supported by Sutherland in his Differential
Association theory wherein he stated that a criminal is influenced by his cultural surrounding
and his motives and actions are a result of his interaction with these factors in the society and
the treatment of such offenders should be undertaken in a more humane manner instead of
resorting to age-old barbaric punitive methods. Due to these basic criteria, sociological school
has been recognized as a rational school of criminology.

Radical Criminology: The views and the perspectives of the radical criminology emanate
from the rebellious protests of the workers, students and even the poor sections of the society
who are denied the basic privileges a human life. These under-privileged sections strongly
believe that the capitalist are favored and working class is being neglected at the hands of the
judicial authorities and administration as well.

Conclusion: It can be said that all these four schools were developed from the circumstances
or situations that were prevailing in that era and thus developed such sentencing procedures
which suited their time. The main aim of all the above schools was to protect society by
preventing crime. For this, few schools opted lighter forms of punishment, whereas few opted
for a severe form of punishment.

TWO CARDINAL PRINCIPLE OF CRIMINAL LIABILITY

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 Note On Nullum Crimen sine lege? The maxim "Nullum crimen sine lege"
means crime is not justifiable without law. This Latin maxim directly translates to ‘no crimes
without law.’ according to Dicey, Englishmen are subject to the law and the law alone. An
Englishman may face punishment for breaking the law, but he cannot face punishment for any
other offence. This is supported by the fact that the accused person's life and freedom are at
risk. It is crucial that he first determine where he is in reference to criminal law. Otherwise, it
would be extreme cruelty to punish him for breaking that law.

This security is almost universal in all civilised legal systems worldwide, including India, not
only in England. According to the principle of the prohibition against retroactive
criminalization, which states that certain conduct cannot be considered criminal unless a law
explicitly declares it to be so, any ex post facto crime-creation shall be regarded as invalid in
criminal law. Nullum crimen sine lege has gained significance since the end of World War II.

In case law, the phrase appears in Justice Douglas’s concurring opinion on Hirota v.
MacArthur (1949), where Douglas wrote “the maxim Nullum crimen sine lege is not a
limitation of sovereignty, but is in general a principle of justice.

"Nullum crimen sine lege" is a saying that conveys the following four principles −

 Penal laws are not retroactive.

 Strict drafting of the Penal laws.
 The certainty of legislation
 Law's accessibility

note on Nulla poena sine lege? Nulla poena sine lege is an integral Latin phrase
that plays a profound role in the field of law. This principle is founded on the pillar of
fairness, ensuring equitable treatment of all individuals under the law. Its relevance remains
potent in varied jurisdictions globally, especially in tackling contemporary issues of legal
concern. Let's delve further into an understanding of this fundamental legal tenet and its
applicability in different legal contexts.

Nulla poena sine lege is a Latin phrase which translated literally means 'no punishment
without law'. In essence, it serves as a guarantee that an individual cannot be punished for a
deed if there is no law that deems it a crime. This principle is a cornerstone of modern legal
systems, upholding respect for law and order while safeguarding the rights of citizens.

Primarily, Nulla poena sine lege upholds two vital scenarios:

 No individual can be penalized for an action that wasn't illegal when it was committed
 A person cannot receive a punishment harsher than what was applicable at the time the
offence was committed
Nulla poena sine lege strengthens the relationship between state and individual, binding
authority to compliance with established laws.

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Nulla poena sine lege" is a saying that conveys the following four principles −

 Penal laws are not retroactive.

 Strict drafting of the Penal laws.
 The certainty of legislation
 Law's accessibility

What do you mean by hedonistic approach to criminal behavior? The phrase

'hedonism' comes from the Greek word that means 'pleasure'. The criminal tries to seek
pleasure and avoid pain. Hedonism is one of the ethical theories that are studied to learn
about the behavior of criminals. Due to this, the importance of understanding hedonism in
criminal justice is of key value. Hedonism plays an important role in defining the behavior of
the criminals. If the behavioral patterns of these criminals are studied, then the rate of crime
in rational societies can decrease at notable rate.

Note On Classification of criminals? Normally, criminals can be classified on

the basis of several factors but the vital ones are enumerated herein under:

First offenders: This category comprises of such people who have committed a crime in self-
defense, ignorance or negligence. Such first offenders may have been tempted to commit the
crime to solve the immediate problem. Factors such as poverty, trying circumstances, failure
to seek help etc. result in such first time offences.

Habitual Offender: There are offenders who commit crimes out of habits. Such people are
found in our everyday life such as tax evaders, environment polluters. Vandalism is one such
act that a person enjoys committing out of habit especially when he is in company of his gang
members. Such people, though fully aware of the consequences of the crime, do not hesitate to
commit them.

Professional offenders: These people do not have any personal vested interest in the
commission of the crime. They commit crime on behalf of others and expect some gain for the
said crime. These professionals do not fear punishment and are very hedonistic by nature.

White collared offenders: are those who enjoy a very good prestige, fame and status in the
society. It is a vicious circle wherein the criminal commits more crime for more wealth and
with such more wealth he commits more crimes. It is correctly said that power corrupts and
absolute power corrupts absolutely.

Chronic offenders: as per the classification of Alexander and Staub, criminals can be
classified as accidental and chronic. Accidental criminals vary from chronic offenders in a
sense that chronic offenders commit crimes because of their anxieties, guilt feelings, and
personality conflicts (neurotic criminal). Such chronic offenders may also engage in criminal
behavior because of an organic condition and are generally labelled as pathological criminal.

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Criminal tribes: The criminal tribes are actually labelled as De - notified and nomadic tribes.
These tribes are patriarchal in nature where the status of women is extremely low, leading a
nomadic life, having no permanent abode. Phanse Pardhis are the example of such tribe
members. During the British period, several sub-communities such as Ghantichors, uchales,
thugs and Pendharis were involved in thefts, dacoity and other illegal activities. A crusade for
the annihilation of such thugs was undertaken by British Viceroy Warren Hastings. Their
nuisance was very widespread which led to enactment of Criminal Tribes Act of 1871. These
tribes were considered to be criminals, were de-notified and did not form part of the list of the
Scheduled Tribes and Scheduled Communities in the constitution of India, which still makes
their rehabilitation by the state agencies very difficult. With the increasing urbanization,
education and the efforts of charitable and religious institutions, these tribes have been
brought nearer to the social life.

Situation criminal: There are certain crimes or offences committed by a person simply
because an opportunity is available to him or the crime has been committed impulsively.
Instances of jumping traffic signals are very commonly observed. It is just a situational crime
where nobody is a criminal but yet an offence is committed which may prove to be fatal. It is
only the fear of confiscation of licenses or an imposition of fine that restrains a person from
becoming a situational criminal. Situational crimes cannot usually be said to be premeditated
as for instance, the rape cases or molestation of a child are more or less situational where a
person behaves impulsively taking undue advantage of a child who is under nobody's
supervision.

With better gadgets like Closed Circuit Camera Televisions etc., the behavior of people is
monitored and even the crimes are detected. It has become easy to trace the burglars and
thieves with the help of such gadgets. To avoid verbal abuse, certain corporate sectors record
all the telephonic conversations. It is very essential to bear in mind that such precautionary
measures should be more of preventive nature rather than intruding on a person's privacy.

Women criminals/Offenders: Criminality is found among women on account of several

reasons. Women commit infanticide within one year of child's birth. A man would be charged
more severely than a woman though the gravity of his crime might be less compared to that of
the woman. Such killing may be due to post-natal depression or due to some drastic hormonal
changes. Pre-menstrual tension has also been pointed as a reason for crimes.

It is an age old belief that normally the women are conformists and obedient towards law.
They are perceived to be caring, tender and even compassionate. Therefore, any incident of a
woman committing crime is perceived to be a result of oppression and victimization at the
hands of men. A blatant example is that of Phoolan Devi. A dacoit who had massacred the
Thakurs for humiliating her. She had surrendered herself and later her presence was widely
acknowledged and accepted by the society, so much so that she was encouraged to contest
election that finally resulted in her victory as well. Women dacoits are normally women or
girls abducted from the poor families. They are extremely pampered and convinced to live
with the gang members.
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Right from the times of Mata Hari, a female spy, it has always been believed that women
invoke less suspicions. Mata Hari was suspected of working as a double agent for the
Germans and the French, and when she chose to work only for the French, she failed to
disclose her previous association with the Germans. It is not accurately declared whether or
not she was tried in a military court and sentenced to die by firing squad.

The dowry cases registered in India involve mother-in-laws who actively participate in
beating up the daughter-in-law and even setting her ablaze for want of dowry. At the same
time, Sec. 498 A of the I.P.C. is so very often misused by women to threaten her in laws. This
provision has acted as a double edged sword.

Deependra Pathak, deputy commissioner of police (crime), Delhi Police commented that,
"The police have realized that while its attention has traditionally been focused on male
criminals, female criminals sometimes get away purely because of their gender." Crime is a
crime of course – irrespective of gender. Topping the list of most-wanted women criminals in
India are Reshma Memon, wife of Tiger Memon, and Shabana Memon, wife of Ayub
Memon. Both women are known to be party to the criminal activities of their husbands and a
reward of 25,000 for the capture of either woman has been announced. These women, guilty
of crimes like abduction, conspiracy, stealing, defrauding banks and involved in forged
passport and fake currencies are on the police's most-wanted list and their arrest is imperative.
The crimes committed by these women must be so serious that a Red-Corner notice is issued
against them which is a warrant for arrest issued by Interpol to its branches in 44 countries. If
the accused is sighted in any of these countries, his or her home country is alerted so that
extradition or deportation proceedings can begin.

Nature of crimes committed by women: traditionally crime committed by women were limited
to petty crimes and crime such as shoplifting and prostitution. Now they are engaged in
crimes such as Adultery, Blackmailing, Drugs, Trafficking, Forgery, Kidnapping, Marital
Crimes, Murder, Pickpocketing etc. now their involvement in smuggling, white-collar crimes
and even terrorism has come to stay as a big poser.

Offences Committed by women: were traditionally limited to petty crimes and crimes such as
shoplifting, prostitution, etc. Now, women are engaged in all kinds of crimes such as
Adultery, Blackmailing, Drugs Trafficking, Forgery, Kidnapping, Marital Crimes, Murder,
Pickpocketing, Smuggling, Terrorism, Theft. these are only some examples of the crimes
committed by women in recent times. Now their involvement in smuggling, white-collar
crimes and even terrorism has come to stay as a big poser.

Young offenders: According to Albert K. Cohen, there is a particular 'delinquent culture' in

America where the members of one class have some expectations and ambitions because the
boys of this class find themselves underprivileged when compared with the boys of the
middle-class society. The delinquency may be caused due to family atmosphere, school
environment, economic facts, mass-media effect etc. A study shows that most of the
delinquents were from broken homes. It is also seen that stringent restriction on the child or
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extreme negligence on the part of the parents while upbringing their children imbibes certain
delinquent quality among the young minds.

It is essential that the tantrums of a child are curbed at the earliest. Parents who yield to the
wishes of their children invite troubles for themselves. For instance, allowing their under-aged
children to drive vehicles or not keeping a tab on their routine. Extremely busy and career -
oriented parents often neglect their children who later on do exhibit deviant behavior. India is
still more active when compared to other countries like China where no ban has so far been
enacted on sale of alcohol and cigarettes to children below the age of 18 years. The definition
of deviance is relative. The children from affluent families, while indulging in drinking and
partying, would always be perceived as 'being in high spirits and showing a sign of youth',
while the same indulgence by a child from a lower class would earn him a label of being
'notorious and deviant'.

Note on Habitual and professional criminals? The word 'habitually' means

'usually' and 'generally'. According to the Law Lexicon by P. Ramanatha Aiyer, it means
being constantly and customarily addicted to a specified habit and the term habitual criminal
may be applied to anyone who has been previously convicted of a crime and committed to
prison more than twice. In case of Subhangi Tukaram Sawant vs R.H. Mendonca And Ors
(2001 Bom. CR Cri, (2001) 4 BOMLR 631, 2001 CriLJ 3745) several meanings are given to
define the words dangerous and habitual, whereby the Court stated that habitual word
signifies frequency and usual practice of committing crimes. A person is said to be a habitual
criminal who by force of habit or inward disposition is accustomed to commit crimes. It
implies commission of such crimes repeatedly or persistently and prima facie there should be
continuity in the commission of those offences.

Being labeled as a habitual offender is a stigma and entails several bad repercussions. Such
offenders do face problems while seeking employment and also when they are in need of
public documents like passport. If it is found that the person applying for a passport has a case
pending against him, the police enquiry would reveal the same and the application of the
offender would be rejected. This step is taken up by the judiciary so that the accused people
do not jump bail and they remain within the country till the trial is over.

The High Court in this case observed that a habitual offender or a person habitually addicted
to crime is one who is a criminal by habit or has disposition of repeating the crime.
Reasonable belief of the police officer that the suspect is a habitual offender or is a person
habitually addicted to crime is sufficient to justify his action under Rr. 23.4(3)(b) and 23.9(2).
Mere belief is not sufficient. The belief must be reasonable; it must be based on reasonable
grounds. The suspect may or may not have been convicted of any crime. Even apart from any
conviction, there may be reasonable grounds for believing that he is a habitual offender.
Though the respondent, being the police authority in the case, has got every right to place an
anti-social element in the History Sheet of rowdies in order to keep a vigil on his activities.
The question would be whether his valuable right of freedom of movement could be curtailed
for the alleged involvement in a murder case. Unless the ground for a person to be shown as
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History Sheet rowdy is justified by showing that he habitually indulges in committing or in
attempting to commit, or in abetting the commission of offence, the respondents are not
justified in including the name of the petitioner in the History Sheet of rowdies and they
should be directed to remove the name of the petitioner from such record maintained by the
police.

Professional criminal is a person who pursues crime as a day-to-day occupation, developing

skilled techniques and enjoying a certain degree of status among other criminals.

Characteristics of professional crime and criminals: Caldwell (1956: 57) has given the
following characteristics of a professional criminal:

1. Crime is his main source of livelihood: He devotes his full working time and energy to it
and constantly attempts to improve his skills. He tries to specialize in one or two crimes. He
normally obeys the law, except when it interferes with his crime.

2. Crime is his way of life: The professional criminal develops a philosophy of his own and
organizes his life and activities around new values, attitudes, and beliefs.

3. He operates with proficiency and carefully plans his activities: He takes calculated risks and
dislikes those who bungle and fail. He differs from the habitual criminal in the sense that the
latter commits crime regularly but without specialized skills.

4. He is a product of a process of development: He acquires his specialized knowledge,

attitudes, and skills gradually. Usually, he acquires skills under instruction from and guidance
of somebody who has already achieved proficiency and status in his criminal specialty. Some
professional criminals begin their careers as juvenile delinquents, some as adolescent
criminals, some as youth criminals and some take the first step only after achieving adulthood
and move from legitimate means of earning their livelihood to a life of criminality.

5. He identifies himself with the world of crime and criminals: His friends, security, affection,
recognition, sympathy, and respect, etc. all come from the underworld. This does not mean
that he totally cuts himself apart and becomes isolated from the conventional world. He
continues to have friends and acquaintances in the law-abiding world also.

Note ON CYBER CRIMES? Evolution of cyber law: In the recent past, there
have been tremendous changes in the law which controls the criminal activities committed
through means of information technology. The computer and various innovations so far have
changed the modus operandi of criminal activities. In response to these criminal activities, the
Information Technology Act, 2000 has been passed to regulate and control these cyber-crimes
and crimes committed through computers. It has been realized that it is quite difficult to
control and regulate the cyber-crimes through existing law and legal framework and therefore,
an independent and autonomous body to curb cyber-crimes is necessary.

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At its 10th meeting on the Prevention of Crime and Treatment of Offenders, United Nations
Congress discussed cyber-crimes and defined it in categories under:

(a) Cyber-crime in a narrow sense (computer crime): Any illegal behavior directed by
means of electronic operations that targets the security of computer systems and the data
processed by them.

(b) Cyber-crime in a broader sense (computer-related crime): Any illegal behavior

committed by means of, or in relation to, a computer system or network, including such
crimes as illegal possession [and] offering or distributing information by means of a
computer systern or network.

Dr. James Blascovich, professor of Psychology at the University of California studied that the
cyber criminals resort to psychological or mind games in propagating their numerous
schemes. His study 'Mind Games' revealed that "Scam spam works best by providing
recipients with a sense of familiarity and legitimacy, either by creating the illusion that the e-
mail is from a friend or colleague, or providing plausible warnings from a respected
institution." Once the e-mail is opened by the victim, criminals try to persuade victims to click
on dangerous links, provide personal information, or download risky files.

The following are some of the major types of cyber-crimes that came to light:

Cyber-crimes cannot be easily detected by a common investigating officer, unless he has

adequate knowledge of the subject. Even in today's times, one comes across people who
cannot operate a computer. So besides having a separate Cyber Crimes Cell, it is important
that the basic knowledge is imparted to every officer. In the absence of which, investigating
would be very difficult.

Children are highly vulnerable to cyber-crimes especially when they see disturbing images or
read obscene language. Cyber-crimes are increasing with the advancement of technology. In
case of Indiabulls Securities Ltd. vs. Amulya Ratan Dhar, (I.A. No. 11557/2009 in O.M.P.
436/2005), before the Delhi High Court, the Petitioner had been duped for a sum of 20 lacs
simply because his password was accessed by someone else and trading in his name in the
share market had taken place without his knowledge.

In case of Manoj vs. State of Kerala, Bail Appl. No. 6937 of 2008, 20th November 2008, it
was observed by the Kerala High Court that the Petitioner had opened an illegal website and
was collecting money from the people for the orphans. A case was registered under sections
406, 408, 417, 419, 420, 465 and 468 I.P.C. The money collected allegedly on behalf of these
orphans was being misappropriated. Even the anticipatory bail was rejected by the Court
stating that police custody of such criminals was essential for a thorough investigation.

Though there is an advent of technology in computer science and the same could be used for
benefits of judicial systems, there still are some shortcomings that prevent the same from
being implemented.
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Kinds of Cyber-crimes can be categorized in the following categories:

1. Unauthorized access: A person accessing any computer system or a programme without

being authorized by the relevant owner or proprietor or copyright holder to do so, is
committing a crime. Intentional concealment, destruction or alteration in any computer
system, network or programme is punishable with imprisonment up to three years or fine up
to two lakh rupees or both.

2.Email Bombing: Email bombing is an act resulting in crashing of the account or the server.
Such crash takes places if an email address, in case of an individual or even a server of a
corporate entity is bombarded with large number of mails and queries.

3.Data diddling: In this process, the raw data processed by a computer is altered illegally, and
then again changed back to original after the said data processing is completed without the
knowledge of the individual or a company as the case may be, whereby the data is tempered
with.

4. Salami attack: The attack is very subtle which may even go unnoticed, normally committed
in financial crimes. For instance, a Bank employee makes a simple change in the Bank's
servers so that a small amount is automatically deducted from the customer's account and is
deposited in his own account. This would not have any noticeable change in customer's Bank
statements. However, the bank employee can earn a substantial amount of money from the
same.

5. Internet time theft: This theft denotes the usage of the internet hours by an unauthorized
person, for which some other person shall have to pay.

6. Logic Bomb: Certain engineers and hackers are in the habit of generating virus that would
crash and corrupt all the files simultaneously. Normally, the logic Bomb is a dependent
programme that takes place on fulfillment of certain conditions, dates or pre-requisites. For
example, Chernobyl virus.

7.Virus/worm attack: Worms unattached to any server damage and exhaust the computer's
memory by simply making repeated functional copies of themselves. On the other hand, the
virus alters or deletes the files by attaching and circulating itself to a computer or a file. The
VBS_LOVELETTER virus (better known as the Love Bug or the ILOVEYOU virus) was
reportedly written by a Filipino undergraduate. In May 2000, this deadly virus became the
world's most prevalent virus. It struck one in every five personal computers in the world.
When the virus was brought under check the true magnitude of the losses was
incomprehensible.

8. Trojan attack: It is a seemingly authorized programme however, it conceals its real activity.

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9. Distributed denial of Service attack: In this case there are several perpetrators
geographically spread widely, making it difficult to safeguard the server from any cyber-
attack.

10. Cyber pornography: Internet is widely abused due to publication transmission of

pornographic pictures, pornographic magazines, writing, photos etc. on Pornographic
websites.

11. Email spoofing: Such e-mails, though appearing to be sent from a particular source, are
actually sent by someone else.

12. Intellectual Property Crime: Offences of infringement of copyrights, trademarks and

piracy of computer programme is a serious problem faced by the Companies at large.

13. Cyber stalking: A person surfing internet may infringe on other's privacy by posting
threatening messages, being vindictive and constantly bombarding him with e-mails,
messages etc.

Misrepresentation or suppression of any material fact from the Controller or certifying

authority is punishable with imprisonment up to two years and fine up to one lakh rupees or
both.

Precautionary measures: In order to prevent the cyber-crimes, the following measures are
suggested as precautionary measures to help prevent and reduce the rate of cyber-crimes:

1. A security programme should always be accessed giving control over cookies that send
information back to Web sites.

2. The option of firewall should always be enabled with tighter access rules to safeguard the
server.

3. While running the web servers in public, the network should be physically separate and
used individually.

4. Information of credit cards should be sent only to the secure web sites.

5. A thorough check up of the website is essential before initiating business regularly.

6. Use of latest anti-virus software, operating systems and Web browsers is very much
essential.

7. Children should not be allowed to download files or softwares without any supervision.

8. Children should be discouraged from conducting face-to-face meetings on computers or

sending their photographs online.

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9. One should not share his password with other people or exchange personal or private
information about one's friends or family members.

Remedies: Under Section 43 of the Information & Technology Act, 2000, if any person,
without permission of the owner or any other person who is in charge of a Computer,
Computer System or Computer Network, does any of the following things, he is liable to pay
damages by way of compensation not exceeding One Crore rupees to the person so affected:

1. Access or securing access to such computer, computer system or computer network;

2. Downloading, copying or extracting any data, or information from such computer,

computer system or computer network;

3. Introducing or causing to be introduced any computer contaminant or virus into any

computer, computer system or computer network;

4. Damaging or causing to be damaged any computer, computer system or computer

network;

5. Disrupting or causing disruption of any computer, computer system or computer network;

6. Denying or causing the denial of access to any person authorized to access any computer,
computer system or computer network by any means;

7. Providing any assistance to any person to facilitate access to a computer, computer

system or computer network in contravention of the provisions of the Act, rules or
regulations made thereunder.

Under Section 44, a person who is found to be guilty of any offence or fails to furnish
document, return and or report to the Controller, Certifying Authority is liable to a penalty not
exceeding one lakh and fifty thousand rupees for each such failure.

Role of Cyber Cell: The cybercrime cell plays a crucial role in solving and preventing
cybercrimes. Cybercrime cell provides a platform to file cyber complaints and redress victims.
Although India introduced cyber laws to shield individuals online, such enacted legislation
does not suffice because of the dynamic nature of cyberspace. Such legislation cannot save
victims in the event of the crime. To rectify the situation, Information Technology Act 2000
made specific changes in the provisions of the Criminal Procedure Code and the Evidence Act
and implemented new regulations to fulfil the requirements of cybercrime investigation.

Note on ORGANIZED CRIME? Crime Syndicate?

Organized crime is a serious criminal activity which is planned, well-coordinated, and

conducted by the people working collected on a persistent basis. Their motivation is mostly
financial gain or other benefits.

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Crime syndicates are groups of individuals who engage in criminal activities for profit. They
are highly organized and operate in a hierarchical structure. The members of these
syndicates are usually bound by a code of silence and loyalty to the group.

The Maharashtra Control of Organised Crime Act, MCOCA (1999), defines organized crime
as any continuing unlawful activity by an individual, singly or jointly, either as a member of
an organized crime syndicate or on behalf of such a syndicate, using violence or threat of
violence, intimidation or coercion, or other unlawful means, with the goal of gaining
pecuniary benefits, gaining undue economic or other advantages for himself or any person, or
promoting insanity.

Normally, organized crimes attempt to gain monopolistic control over illegal markets. some
of Organized Crime Activities are: Human trafficking for sexual exploitation or forced
Labour, trafficking in drugs, cultural property, kidnapping for ransom, Supply of illicit goods
and weapons, Armed robbery, Bank robbery, Counterfeiting and money laundering,
Smuggling of firearms and wildlife. the ambit of organized crime also included sophisticated
and the so-called white-collar criminal activities like bank frauds, credit card frauds, cyber-
crime etc. Organized crime is thus, now increasingly drifting towards electronic, economic
and fiscal domains.

Criminologists have identified three major types of organized crimes Criminal Gangs,
Syndicated crime and racketeering.

1. Criminal Gangs: in this victim of such crime is total loser without any material gain.
Barnes and Teeters have observed that criminal gangs live violently and expect violence. The
activities of criminal gangs, whose criminal records are registered with the police, are
widespread and their members meet at a particular prearranged hideout. These gangs involve
themselves in kidnapping, rape, mugging, extortion, robbery, vehicle theft, drug peddling etc.
When under pressure or duress of being caught, gangsters do not hesitate to kill the victim for
the fear of their identity being disclosed. With the increasing unemployment and the desire to
earn the quick buck, certain small gangs specialize in particular type of criminal activity that
would help them gain expertise while committing the crime

Those involved in kidnapping and extortion have certain pockets where they are familiar with
the surroundings. To put a fear in the minds of such criminals, severe preventive measures
have been implemented. For instance, since 2006, under the guidance of Indian Medical
Association, the Doctors in Agra are being trained in firearms and licenses are being granted
to them to counteract the threats of the kidnappers.

2. Syndicated crime: refers to gang of criminals engaged in business of providing some

forbidden things to the customers who are ready to pay handsome money. It is carried out by
an organized criminal gang and is often called mafia. The major influential mafias operate in
metros like Mumbai, Kolkata and Delhi. It is not very difficult to assess the prevalence of
organized crimes in India. The number of such crimes has increased substantially and has

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covered large geographical areas. Betting, drug trafficking, automobile theft and supply of
illegal arms to insurgents are some commonplace examples. The members of the gangs of
Abu Salem, Dawood Ibrahim, Tiger Memon are all hard core criminals who have set up a
whole organized structure of crime with a complete bureaucratic order. To burst such criminal
activities, The Central Economic Intelligence Bureau was set up in July, 1985.

3. Racketeering: it is a systematic extortion under some kind of threat of personal injury or

property. Racketeering involves dishonest way of getting money by cheating people, selling
adulterated commodities and spurious drugs etc. Racketeers also act as protectors of
illegitimate business of an organized criminal gang that is engaged in extorting money
through coercion. Such gangs indulge in fraudulent activities like selling cheap or worthless
goods or spurious drugs, peddling drugs. They even have their names enrolled with legally
registered trade unions to create unrest between the employers and employees. These
racketeers live like parasites. However, they do not usurp all the loot or profits amongst
themselves. They would simply be interested in taking a share from the businessmen running
illegal business activities.

As per the study of Caldwell, such racketeering groups are divided in two groups - the brains,
meaning those who chalk out plans and issue orders while the second group comprises the
'muscles', i.e., those who carry out the orders like destructions, coercive activities and even
murders.

Characteristics of Organized crime:

 They act like enterprise (corporate) and has a corporate structure and shows continuity.
 There is a professional relationship between the members.
 There is a division of Labour among members based on their skills.
 They maintain the secrecy of the organization, its operations, and its membership.
(Omerta).
 For members, the organization comes before themselves and their family members.
(loyalty).
 Members respect each other the most, behave honestly with each other, and never harm
each other in any way. (Respect).
 Members carry out orders without asking any question or without showing any grievance.
(discipline)
 The members are obliged to each other and provides reciprocal services to each other.
 They take advantage of the loopholes of law enforcement agencies.
 There is a secret but solid network among the members.
 The members work like professionals whose duties and responsibilities are predefined.
 The prime motive of organized crime is to obtain monopoly, money, and power.
 They use fear and corruption to achieve their goals.
Causes for Organized Crime:

 The tendency to obtain wealth and status at a fast rate.

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  The tendency to obtain power by illegitimate means.
 The tendency to obtain monopolistic control to monitor prices
 The tendency to eliminate competition.
 Equal opportunities not available in society
 The belief in groups and minorities that they are excluded in society.
 The belief that legitimate methods cannot help to get wealth, status, and power easily.

The structure of crime syndicates is hierarchical, with a leader at the top, followed by
underbosses, capos, soldiers, and associates. The leader is responsible for making the major
decisions and overseeing the overall operations of the syndicate. They often use violence and
intimidation to maintain their control over their territories or criminal activities. The
underbosses and capos are responsible for overseeing specific territories or criminal activities.
Soldiers are the foot soldiers who carry out the orders of their superiors, while associates are
individuals who work with the syndicate but are not full members.

Examples of crime syndicates: The most well-known crime syndicate is the Italian-American
Mafia, also known as La Cosa Nostra. Other crime syndicates include the Russian Mafia, the
Japanese Yakuza, and the Mexican drug cartels, And in India D company.

Crime syndicates are highly organized criminal groups that operate in a variety of criminal
activities. Their structure is hierarchical, and they operate in secrecy with a code of silence.
Crime syndicates have a significant impact on society and pose a threat to national security. It
is important for law enforcement to continue to investigate and dismantle these criminal
organizations to ensure the safety and security of our communities. Organized crime is no
more restricted to one particular country but has emerged as having several tentacles and has a
good networking making it a transnational web

suggest at least 5 measures to curb Organized Crime?

There are several ways to curb organized crimes such as

1. Establishing records of people who have been involved in illegal activities and keeping a
track of their travel and passports.
2. Ensuring that money laundering does not take place and every transaction of suspect is
closely monitored.
3. Making and formulating the Public records in such a manner that they cannot be vitiated
and tempered with.
4. Stringent Laws and Awareness.
5. The introduction of the possibility of disqualifying by court order or any appropriate
means for a reasonable period of time such persons who are convicted of offences such as
narcotics, smuggling, human trafficking etc. and are banned from acting as directors
within their jurisdiction.

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 6. Furthermore, it is essential that all the countries should readily share and exchange the
information and data regarding such organized gangs and their members. The deportation
laws should be relaxed so that terrorists too can be nailed down easily and their legal
proceedings do not result in wastage of public funds.
7. designing crime prevention strategies, wherever essential, to protect socially marginalized
groups, especially women and children, who are vulnerable to the action of organized
criminal groups, including human trafficking and smuggling of migrants.

Note On white collar crime? Contributing Factors? Means to curb it?

Sutherland has defined white collar crimes as "crimes committed by persons of

respectability and high social status in the course of their occupations" consisting of 4
criteria as -

1. Crime; 2. Committed by a person of respectability; and 3. Of high status; 4. In the course

of his/her occupation.

Many writers have added a fifth element viz. the violation of trust.

In India, when an American purchases the pharmaceutical drugs without any prescription or
downloads music illegally or shares copyrighted computer programmes, he is involved in the
offence of white collar crimes. Such crimes are mainly committed in two ways: (1)
misrepresentation with a view to defraud or cheat someone and (2) duplicity which is a sort of
double cross.

White collar crime is non-violent, financially motivated offenses committed by individuals,

businesses, or government professionals. These crimes, often conducted within office settings,
involve deceit, concealment, or violation of trust, and are primarily driven by financial gain.

Here are some of the common types of white-collar crimes.

 Embezzlement: One of the most common forms, embezzlement involves the

misappropriation of funds entrusted to an individual, leading to significant financial
losses for organizations.
 WORKPLACE CRIME: These include crimes committed against employers by
employees for individual gain; and
 OCCUPATIONAL CRIME: An individual or group ‘s illegal use of their
professional position to secure something of value, found at all levels of the Labour
force, e.g. fraud;

 Insider Trading: A practice prevalent in the stock market, insider trading occurs
when individuals trade stocks based on non-public, confidential information, resulting
in unfair advantages and market manipulation.

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  Fraud: Fraud is characterized by a multitude of deceptive strategies, where
individuals or entities manipulate information or resort to deceitful practices to secure
personal or financial advantages. Financial systems need to continuously identify
patterns of fraudulent activities to prevent economic damage.

 Identity Theft: In the digital era, identity theft has become increasingly sophisticated.
Criminals use stolen identities for various financial crimes, causing severe
repercussions for victims.

 Corporate Espionage: This type involves stealing trade secrets, intellectual property,
or confidential information from one company to benefit another, leading to unfair
competition and financial losses.

 ORGANIZATIONAL CRIME: Committed by the decision-makers of a corporation.

Or it may involve government engaging in illegal activity for corporate or
organizational advantage as opposed to personal gain. Other types of offences falling
under this class are terrorism, selling products which are known to be unsafe or
defective.
 STRATEGIC BANKRUPTCY: A company which is successfully sued, declares
bankruptcy and thus avoids having to pay up and company is then reorganized into
new company which is clear of personal/company liabilities.
 Patriotic Crime: These crimes are committed in the name of achieving important
national goals, actions taken outside legitimate channels, e.g. violation of international
law, "protecting" national security, undeclared warfare, false imprisonment, failure to
regulate pollution, tax laws, etc.

Understanding what is white collar crime extends beyond mere awareness; it requires
vigilance, education, and stringent measures to prevent and combat these offenses. By
recognizing what is the most common white-collar crime, businesses and individuals can
fortify their defenses against these sophisticated financial crimes, ensuring a safer, more
secure corporate environment.

Examples of White Collar Crime

1. Bernie Madoff's Ponzi Scheme (2008): Bernie Madoff orchestrated one of the largest
Ponzi schemes in history, defrauding investors of billions of dollars. He promised high
returns but used new investors' funds to pay returns to earlier investors, creating a
facade of a profitable investment business. The scheme unraveled in 2008, causing
significant financial losses to many individuals and organizations.

2. White collar crimes are very severely observed in stock markets. A case for scam was
registered regarding nationalized banks' money by Harshad Mehta and his group in
the matter of Ram Narain Poply vs. Central Bureau of Investigation reported in AIR
2003 SC, 2748.

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 3. The case of Sahara's Subrato Roy shows that the economic offences are rising and
judicial machinery has been very strict with regard to safeguarding the interest of the
common people which ensures that the economic offenders refund the loot. Rejection
of bail applications of such offenders is a good and an effective method to curb people
from making a mockery of judiciary and actually pay their dues back to the rightful
claimants.

4. Money Laundering: Nowadays, money laundering, classified as a white collar crime,

is associated with drug related crimes, computer hackers, and terrorist’s groups.
Organized crime groups even finance movies, involve in construction and realty
business and in turn avoid the detection of their illegally acquired funds. The dealings
of large investment corporations such as J. P. Morgan and Chase have been
investigated to avoid disasters like that of the Enron Corporation. Since September 11,
2001, a global fight has been initiated against terrorist activities and illegitimate
funding. The USA Patriot Act of 2001 has provided laws to fight terrorism and
terrorist activities that have devastating impact upon the financial system of America.

Impact of What Collar Crime

 Economic Downturn: White-collar crimes, such as corporate fraud and

embezzlement, can trigger economic downturns, leading to job losses, reduced
investments, and diminished consumer confidence. Such downturns affect businesses
of all scales, from small enterprises to multinational corporations, amplifying
economic instability.
 Consumer Trust Erosion: Fraudulent activities erode consumer trust in businesses
and financial institutions. When consumers lose faith in the integrity of these entities,
it leads to decreased spending, hampering economic growth and recovery efforts.
 Impact on Small Businesses: Small businesses, often lacking robust security
measures are particularly vulnerable to white-collar crimes. Incidents like online fraud
and identity theft can cripple these enterprises, leading to closures and job losses in
local communities.
 Social Inequality: White-collar crimes exacerbate social inequalities by siphoning
resources away from public services. When corporations avoid paying taxes or
participate in fraudulent activities, it diminishes the resources allocated for education,
healthcare, and social welfare programs. This disproportionately impacts vulnerable
communities, limiting their access to essential services and support.
 Global Economic Impact: With the rise of digital transactions and interconnected
financial markets, white-collar crimes can have global implications. A major financial
fraud in one country can send shockwaves through international markets, destabilizing
economies worldwide.
Here are some of the ways to detect and prevent white collar crimes.

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  Data Analytics and AI: Leveraging advanced data analytics and artificial intelligence
(AI) technologies are paramount in detecting fraudulent activities. AI algorithms can
sift through vast datasets, identifying anomalies and flagging suspicious transactions in
real time, allowing for immediate intervention. The Anti-Money Laundering (AML)
suite and Anti-Financial Crime (AFC) Ecosystem products offered by Tookitaki helps
in combating white collar crimes efficiently.
 Whistleblower Programs: Establishing robust whistleblower programs within
organizations encourages employees and stakeholders to report suspicious or unethical
activities. Whistleblower anonymity guarantees a safe environment for reporting,
acting as a valuable tool in uncovering internal white-collar crimes.
 Employee Education and Training: Educating employees about the nuances of
white-collar crimes and common fraud tactics is a foundational step. Regular training
programs empower staff to recognize potential threats, making them the first line of
defense in preventing internal offenses.
 Internal Controls and Audits: Implementing stringent internal controls, coupled with
regular audits, ensures transparent financial practices. These measures not only deter
potential white-collar criminals within the organization but also provide crucial
insights into areas susceptible to exploitation.

There needs to be proper communication between the various departments so that the crimes
can be detected and the damage can be restricted to the minimal. The money laundering or the
tax evasion cases in India, though prescribe heavy penalties, we rarely find the high celebrities
being put behind bars. It is very common to see high-end luxurious cars being brought to India
without necessary duties being paid, but it is hardly seen if such tax evaders have been
punished.

The money deposited by the Indians in the Swiss Bank Accounts is not traceable. A global
initiative ought to be undertaken, whereby such banking and financial institutions are obliged
to divulge the information pertaining to such accounts. The fear of punishment, penalty and
bad reputation in the Society only can curtail the white collar crimes.

Causes of White collar crimes: are becoming increasingly common in this day and age. They
are caused due to the following reasons – - greed, - lack of awareness among people, - lack of
strict rules and laws, - lack of accountability, - peer support, - loopholes of legal structure, -
technological and industrial development, etc

Note on Political Graft? The dictionary meaning of graft is corruption

and giving bribes to earn business and political favour. It is the act of taking advantage of
one's position, especially a political position, to gain money, property, etc. dishonestly.
Furthermore, it also concerns anything acquired by such illegal methods, as an illicit profit
from government business.

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The political graft is rampant in India and is evident from the Telgi scams, 2G scams,
Commonwealth Nations Games' fiasco etc. There is a great need for strict and stringent laws
that would restrict the misuse of laws and make the ministers and bureaucrats responsible for
their actions. In the recent times, the Lokpal Bill is perceived to be a welcoming sign wherein
the poor man too can have access to the judiciary and the flouting of laws can be curbed.

Corruption in politics leads to catastrophic effects on the entire society. Leaders like Gaddafi
in Libya or Mubarak in Egypt are held responsible for squandering the public money for their
personal benefits and are being made accountable for their lavish lifestyle.

corruption results in distortion of public funds, administration by inefficient administrators

and transfers the revenue from the government and poor sections of the society to the affluent
class which further increases the disparity. This is manifested in several areas of the society
such as schools without students, teachers without schools, hospitals without doctors or
medicines wherein all the expenditure are accounted only on paper and the funds are
misappropriated.

Under the guidance of Mr. Mendonca, the Anti-Corruption Bureau of Maharashtra was set up
to resist and expose corruption, paving path for several other organizations such as Indian
Merchants Chamber, Federation of Associations of Maharashtra, NGOs like AGNI (Action
for Good Governance and Networking in India), Senior Citizens Forum, Association for
Consumers Action on Safety and Health, Mohalla Committees etc. who have significantly
contributed towards curbing corruption.

The mass media can help in, if not preventing, bringing such criminals out in open and unveil
this façade. Media can help reduce corruption and also remove red-tapism. The media can
help to persuade such big corporations to abide by the laws and also warn them of whistle
blowing in case of any violation. However, for this, the society also requires corruption-free
media.

 Crimes in the profession :-

Medical Profession :-
- issuance of false medical certificate,
- helping illegal abortions,
- secret service to criminals by giving expert opinion leading to their acquittal,
- selling sample-drugs & medicines to patients or chemists,
- fake & misleading advertisements, etc.
- Doing things which are injurious to public health.
- These persons may not violate the letter of the law in its spirit but they commit crimes
which are anti-social and injurious to public health.

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

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

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

Note on Alcoholism and Drug Addiction? Alcoholism and drugs are the two
major aspect which not only harm the society but it also harms the youth of the teenage
generation. It is a crime without Victim (himself is victim) Drug addiction and alcoholism
have ruined several families. As the body of a person gets addicted to these intoxicants, he
becomes completely unsocial.

As pinpointed by Prof. Paranjape, certain conclusions with reference to drug addiction and
alcoholism are that Liquor shops and bars where alcohol is sold are meeting points for the
offenders and criminals where criminal does conspiracies and plans are hatched. The loot and
the gains of the crime too are distributed at such places

Drug addiction is resorted to by several people for a variety of reasons. The teenagers begin
this just for fun and under peer pressure. But later on they become addicts and then they are
not able to resist the addiction. People suffering from depression, hypertension and loneliness
seek refuge in drugs since they like to escape the real situations. Young children whose
parents are addicts or who are being brought up in such an environment would also become
addicts. It is not a secret that even sports persons engage in such habits to increase their
strength and stamina. The root of such addiction is traced to the curious human nature which
generally starts with the individual taking an occasional drink or sniff of a drug.

Alcohol is a depressant drug that has no nutritional value. It slows down the activity of brain.
It is a misnomer or misunderstanding that it helps to relieve tension and helps solve problems.

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Sometimes, one resorts to drinking due to financial crisis. Later on, this becomes a vicious
circle whereby the heavy expenses of drinking add to the crisis, leading to more drinking.

So many crimes are being committed under the influence of drugs and alcohol. The addicts,
when denied access to alcohol and drugs, become violent at times and end up committing
heinous crimes. Through the Indian report around 50 % of death occur through the drugs and
the alcohol drugs and alcohol contributed to physical and sexual aggression such as assault
and rape.

Several road accidents and mishaps take place simply because the person under the influence
of alcohol or Drug cannot control the vehicle. In case of the State of Maharashtra through
Khar Police Station vs. Alister Anthony Pareira decided on 6 September, 2007, Alister Pareira
was found guilty under Section 304 Part II and 338 of the Indian Penal Code ("IPC") for
driving under the influence of alcohol and of injuring the people on the roads. One of the
victims succumbed to death and the Accused was awarded sentences on several counts such as
causing grievous hurt and negligence.

The range of drugs that one can get addicted to is very wide such as:

- Cannabis compounds: These compounds are found in marijuana and hashish.

- Central nervous system stimulants: This class of drugs includes methamphetamine,
cocaine.
- Designer drugs: Synthetic compounds, such as Ecstasy, that have hallucinogenic effects.
LSD, phencyclidine (PCP) and ketamine (special K) are examples of hallucinogens.
- Inhalants: Glue, paint, solvents and nitrous oxide are used as inhalant drugs.
- Opioids: Opioids are narcotic, painkilling drugs produced naturally from opium or made
synthetically. This class of drugs includes heroin, morphine, codeine etc.

Abuses: Drugs abuse destroy the family. When the addict does not have enough money to
fulfil his needs, he may indulge in crimes such as stealing from his own home, committing
fraudulent activities to pay for the drugs and/or alcohol, become more aggressive when his
addicted body is denied such intoxicants. Such addicts are unaware of their actions while
being under the influence of drugs or Alcohol is also serious problem among everyone, but
one who become severely addicted to it they face lot of problem in their own life because of
consuming too much and it is also harm body and also harm family, relationship, and so on.
The person addicted to drugs and alcoholism are:

# The person become severely depressed. # Suffers from anxiety disorder problem. #
Behaving like the abnormal people. # People may lost the mind and have the blackout
alcohol.

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Remedies: - Counselling: Individual or family counselling with a psychologist psychiatrist
or addiction counsellor helps the addict to resist the temptation and restrains him from using
addicting drugs. Behavior therapies can help develop ways to cope with drug cravings.
Counselling with family members can help them to develop better communication and
reciprocation. Certain medicines too are prescribed that create a dislike for consumption of
intoxicants.

- Treatment programmes: Treatment programmes generally include educational and therapy

sessions focused on establishing sobriet and preventing relapse.

- Self-help groups: A12 steps model is developed by Alcoholics Anonymous. Self-help groups
such as Narcotics Anonymous exist to help the people addicted to drugs such as cocaine,
sedatives and narcotics.

Factors that lead to excessive drinking and addiction can be summarized as:

- Poverty,
- Business and career failure: many cases of drugs or alcohol addicts arise out of the
problems such as business loss, bankruptcy, unemployment etc.
- Lack of communication: The barrier of any sort, between the child and the parents, or
negligence of children at the hands of their parents results in such drastic consequences.
- Emotional state: High levels of stress, anxiety or emotional pain can lead some people to
drink alcohol and do drugs to block out the turmoil.
- Psychological factors: Having low-self-esteem or depression may more likely lead a
person to resort to alcohol.
- Social and cultural factors: The glamorous way the alcohol is portrayed in advertising and
in the media, may send the wrong message. Influence of hippie culture, where the access
to drugs is easier, is also one of the most contributing factors.

Explain Aristotle's four laws of Association, explain briefly? Aristotle's analysis

of learning memory includes four laws of association: the laws of similarity, contrast,
frequency and contiguity. Accounting for learning and memory in terms of such laws of
association is called associationism. This theory aims at studying as to why one remembers
certain incident or experience.

1. Law of Similarity: Ideas that are similar to one's experience are more easily remembered.

2. Law of Contrast: Ideas that are contrary and completely opposite to the experiences are
more easily remembered.

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3. Law of Frequency: It shows the frequency of our encounters with certain ideas and
experiences. If the frequency of the idea or experience is high, the higher are the chances for a
person to remember the same.

4. Law of Contiguity: It is a case of conditioning where the ideas and the experiences occur
together in time and are, therefore, bound to get linked with each other and remain in the
memory for a longer period of time.

Sociological Anomies: The word 'anomie' has been derived from the Greek word 'anomos'
meaning lawlessness. Anomie is the lack of usual standards of good behavior. Durkheim had
proposed that no society is free from delinquents and such deviant behavior of social member
is normal because everybody could not be expected to abide the laws and rules.

The study conducted by Merton extended to all sort of deviance of the people. He differed
from the viewpoint of Durkheim that anomie resulted from failure of social control. Merton
blamed the strains in the social structure that pressurized individuals and pushed them towards
achieving unrealistic goals.

Merton propounded his 'strain theory' where he says that since the citizens do not have
legitimate access to the desired goals, they are tempted to resort to illegal ways of achieving
them. Merton has identified five modes of adaptation available to the members of the society
that also categorize the degree of their tolerance and even acceptance of reality:

1. Conformity: Such a behavior displays the acceptance of the continuing state of affairs
without complaining about the same. The monotony or the hardships of life too are accepted
and not rejected.

2. Innovation: There is acceptance of goals but rejection of means to achieve them by

substituting the means. For instance, having stamped challan copies of the income tax but
underestimation of income.

3. Ritualism: This is the rejection of goals but acceptance of means. A student goes to college,
but does not attend the lectures and whiles away his time in canteens.

4. Retreatism: Rejection of both, i.e., the goals and the means. Recluse like the drug addicts or
the alcoholics who are more or less like vagabonds.

5. Rebellion Rejection of goals and means and substitution of new goals and means. The
attempt is not just individual but there is an effort to institutionalize the said new structure for
the rest of the society. For instance, the Hippie culture.

New Conflict Theories: There are different ideologies and approaches to understand the
concept and nature of crime. Apart from the above state conventional approaches, a new
popular approach appeared in seventies which is called Conflict Theory. As explained by

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Chamblis and Seidmann (Law Orde and Power, 1971) the conflict theory deals with the
following propositions:

1. The law represents the value of the society.

2. If it does not represent the value of everyone, then it at least expresses the best common
denominator of the society and operates through value-neutral governmental structure, which
is ultimately controlled by the choice of the people and;

3. In the long run, the law serves the best interest of the society.

However, contrary to the above views of the conflict theory, new version: of conflict
criminology are emerging and there is an unanimity among the modern criminologists that the
apparent consensus may be deceptive. They were c the opinion that a deeper analysis would
reveal the conflicting forces operating in the formulation of criminal conduct and
administration of criminal justice There are numerous versions of the modern view and some
of them ma briefly be stated as under:

Quinney's theory of social reality of crime: Richard Quinney focused on the conflict of groups
in the context of various institutions such as political economic, religious, kinship, educational
and public. According to him, these diverse groups are linked to the major institutional
concerns but the interest structure is characterized by the unequal distribution of power.
Therefore, he rejected the pluralist notion of law that law represented the compromise of
diverse interest. The truth is that the law supports some interests at the expenses of others. He
laid down 6 propositions regarding crimes and operation of criminal law:

1. Crime is a definition of human conduct that is created by authorized agents in a politically

organized society.

2. Crime can be defined as the behaviors that come in conflict with the interest of the
segments of society that have the power to shape public policy.

3. Criminal law definitions are applied by the segments of society that have the power to
shape the enforcement and administration c criminal law.

4. Behavior patterns are structured in segmented and organized society in relation to criminal
definitions, and within this context, person engaged in such actions that can be defined as
crimes.

5. Conceptions of crimes are constructed and diffused in the segment of society by various
means of communications.

6. The social reality of crime is constructed by the formulation and application of criminal law
definitions, the development of behavioral pattern related to criminal law definition and the
construction of the criminal conceptions.

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Economic theories and their relevance: Economist Karl Marx strongly believed that
poverty is the reason for commission of crimes. However, Prof. Sutherland differs with this
view. He says, "poverty may be significant of the social accompaniment of it. Hence, poverty
per se is rarely the cause of crime. Richard Quinney agrees with the Marxists who believe that
the disparity in the division of wealth and capital would lead to a conflict between the haves
and the have-nots, which would finally result in replacement of capitalism with communism.

Sutherland has elaborated on 'poverty' as a cause of crime in light of his differential

association theory where he states that "the administrative processes are more favorable to
persons in economic comfort than those in poverty, so that if two persons on different levels
are equally guilty of the same offence, the one on the lower level is more likely to be arrested,
convicted and committed to an institution. Second, the laws are written, administered and
implemented primarily with reference to the types of crimes committed by people of lower
economic levels". However, it cannot be said that all the poor people are criminals.

On the other hand, Adam Smith believes that normally the deed of comparing oneself with
others and being discouraged by his own failure against others' success and prosperity is the
root cause of crime.

The extreme disparity of wealth too results in crimes as evident from the fact that an economic
crime can be attributed to three motives:

1. A crime out of poverty: A person, out of despair, is driven to commit petty thefts to satisfy
his hunger.

2. Crime of cupidity: The crimes such as thefts start increasing rather than diminishing in the
flourishing and prospering times. It is a sort of vengeful attitude which makes a person
demand more to satisfy his needs. The same needs which he could not fulfil without thieving.

3. Professional crime: Normally generated even during the infancy, where the child sees his
parent earning money in a wrongful manner without any qualms. Such a child develops a
dislike for hard work and dream of quick buck.

Bonger has reiterated this fact in his book 'An introduction to Criminology and his thesis,
'Criminality and Economic Conditions' that in addition to the capitalist system, illiteracy plays
a major role towards commission of crimes Even Marxists agree that poverty contributes to
crimes, and it is not easy to eradicate crimes and it is a very time-consuming and Herculean
task to eradicate poverty.

Bonger has also blamed inflation that in turn gives rise to bankruptcy and insolvency that
generate anti-social elements in the society. The Bonger's theory has been criticized on the
following grounds:

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1. Charles Goring's research on 3,000 criminals reflected that not all crimes germinate from
poverty. Crimes such as arson, treason conspiracy, sex offences, vandalism are not due to
poverty.

2. Bonger's theory is unable to provide explanation for the financial scams that take place all
over the world. There is no economic or financial necessity involved in cases of tax-evasion,
black marketing, violation of environmental laws etc.

3. Bonger blamed capitalist economy for the criminality in the society suggesting that the
bourgeoisie exploited the proletariats. However, this holds true even in those sectors also
where the managerial control and administration is in the hands of the government and not
any private individual.

Caste and community tensions: Adoph Quetelet propounded the theory later to be
substantiated by Mayo Smith, of thermic law' claiming that crimes against persons were more
prevalent in warm climates and crimes against property were more numerous in cold areas.
Such thermic laws do not apply in case of crimes caused by communal provocation. Post-
partition riots that engulfed Pakistan and India both, or the holocaust by Hitler were not
connected with any climatic conditions.

The partition of Bangladesh in 1971 resulted in anti-social and criminal activities like
prostitution, begging, illegal weapon trafficking that were readily adopted by several poor and
refugee Bangladeshis in India. The reasons and results of Godhra riots are very well-known
and the most infamous and notorious case was that of Best Bakery in 2001. The citizens all
over the country, regardless of their origin or religion suffered the aftermaths of the riots.

Crimes are inevitable when people suffer loss of everything they possess. Women are forced
into prostitution, young ones resort to begging, adult and young men prefer a quick buck to
compensate the loss incurred in such riots. These communal tensions result in uprooting the
man and making him helpless. This is a mass or mob psychology and no researcher of any
school of criminology can effectively categorize the factors that cause such outbursts of
surging criminal instincts. Such instincts lie dormant in human psyche, oblivious of all the
cultural norms, traditional and human values and the anthropological progress that has been
achieved by centuries of camaraderie among human beings.

Note on Multiple causation approach to crime? Crime Causation?

Earlier, theories were based on any single factor, such as biological inferiority, feeble-
mindedness, emotional disturbance or poverty. Such an approach was criticized with the
passage of time. The theories suggest that the cause of crime cannot be attributed to just one
single factor but to a variety of reasons.

The drawbacks and discrepancies of such one-factor theory led to the introduction of multiple-
factor approach theories where several factors were considered simultaneously while
formulating a theory. This led to an extensive study of all the contributories to a particular
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crime. Scholars like Willam Healy, Cyril Burt and Sheldon and Glueck agreed with this
multiple-factor theory for the causation of crime. William Healy after studying 1,000 juvenile
delinquents had categorized 138 factors for the commission of crime on the basis of their
psychological, biological and socio-environmental factors.

Researcher Enrico Ferri did not stick to just one case theory and classified factors of crime as
being individual or anthropological, physical, natural and social. Similarly, violent crimes are
committed due to various reasons such as sudden impulse, revengeful attitude, greed for
inheritance, for sexual lust etc.

study of Glueks elaborated on the 5 points casual law whereby the delinquents were
distinguished from the non-delinquents on the following grounds:

1. Physical (Mesomorphic): They have predominant muscles and strong bone with large and
heavy chest. They are very assertive, talk noisily and are very aggressive.

2. Mental: These delinquents are very restless, aggressive, destructive and impulsive.

3. Attitudinal: The delinquents exhibit the characteristics of being adventurous, non-

conforming, suspicious and skeptic as well.

4. Psychological: They are mentally disturbed and in a state of confusion always involve in
comparative study of others and feel neglected by the society and the family members.

5. Socio-cultural: They are not socially active and are more of recluse denouncing the world.

Albert Cohen has criticized this theory on the following grounds:

1. The theory normally studies the proximate reasons and neglects the remote ones as the
universally accepted criminal jurisprudence rule "cause proxima non remote spectator"
does.

2. 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 several different variables.

3. Cohen has objected to this assumption of a multi-factor approach, stating that even if the
factors are changed, the social environment does not change. So, the causes of crime
cannot be located in the factors.

4. In pursuance to the views of Dr, Burt, it cannot be concluded that a single factor was
powerful enough to cause a crime. These factors may also contain in themselves enough
capacity to produce crimes and hence should not be confused with causes.

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One can conclude that a crime is caused due to several reasons, be it poverty, avarice, social
or family environment, peer pressure, media, provocation, physical, psychological and mental
attributes; fanaticism, disparity, fear and so on.

Note Effect of mass media on crime? Sutherland has criticized media for
influencing and increasing the criminal activities in the society at general by stating that "due
to constant advertising and glorification of criminals, be it serious or in a jocular manner,
impress the minds of the young ones. Such advertisements do not hesitate to mock at the
police and the judicial system. This is bound to have a negative impact on the young minds".
It can be seen that media do educate but at the same time they nourish the evils of the society.
An adverse effect is generated not only on the young ones but also on the mature adults which
is so evident from the fact that India's Broadcasting Ministry has banned advertisements of
alcohol and cigarettes on television.

As Anderson and Buschman (2001) summarized it, "Five decades of research into the effects
of exposure to violent television and movies have produced thoroughly documented [...]
research findings. It is now known that even brief exposure to violent TV or movie scenes
causes significant increase in aggression, [...] and that media violence is a significant risk
factor in youth violence". Watching provocative movies does result in sex-related crimes. The
rate of divorce and desertion has increased since the women are under the influence of the
actors and lifestyles depicted in the soap operas.

young minds are easily impressionable. They want to imitate and emulate their idols. In case
of Dharmendra Dhirajlal Soneji vs. State of Gujarat, (1997) 1 GLR 198, the Gujarat High
Court has made the government accountable for the obscenity being displayed in the movies.
The crimes like rape, eve-teasing, stealing etc. are increasing. "Crimes against children
involving violence; physical and mental such as child abuse and forced Labour are becoming
matters of serious concern, nationally as well as internationally. The most destructive role is
played by the media by corrupting and criminalizing the minds of younger generation; making
them vulgar instrumental in harassing girls and women". Vulgarity is being promoted under
the guise of art, which ought to be curbed. Therefore, the Censor Board is expected to be
stricter. Habits like consuming alcohol or drug; acting flamboyantly are being glorified in and
by the movies.

In case of Amitabh Bachhan Corporation Ltd. Vs. Om Pal Singh Hoor 1996 (37) DRJ 352, the
Delhi high Court had observed that 'the traditional Indian values, folk art and culture are
eroding and collapsing. The basic moral values of rich Indian traditions are endangered and
need to be safeguarded However, the problem is imminent and it is difficult to curb the
deteriorating standards of Indian films, which are posing a danger to the social fabric and
communal harmony. There has to be a check on films which have a baneful influence on
children and adolescents'.

Note on Ecology of Crime? The study of interaction of people in their

environment. Generally, the crimes committed are influenced by the environment in which a
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person is brought up, is living and surviving. The geographical location also decides the
behavior of a person. Places where military forces or camps are set up, the environment of
such places is extremely tense. Violence is commonly observed and even young minds are
exposed to weapons at a very young age. Children that are raised in the prison with their
mothers who are in captivity, are bound to be affected by the surroundings. Financial crisis
also affects the young minds Poverty, mass media and political surroundings are bound to
affect the mental framework of everyone. Therefore, the studies such as multiple causation
approach are undertaken. It is essential that the ecology is balanced to have minimum crimes
committed in the society. This is possible only when the standards of ethical and moral
behavior are strictly observed.

Note on Mental deficiency? M’Naughten’s Rule? M’Naughten’s Rules:

Daniel M’Naughten’s suffered from paranoia. He always felt that everyone was his enemy
and one of them was Prime Minister, Sir Robert Peel. He was very much convinced that the
Prime Minister wanted to kill him. Daniel decided to kill him but instead killed Peel's
secretary by mistake. Naughten was acquitted on the ground of insanity. The judgment was
not favoured by everybody though following rules were cited that are the basis of defence on
the ground of insanity in England, India and the U.S.A.:

1. Everyone is presumed sane until the contrary is proved.

2. A person can resort to this defence when he is incapable of knowing the nature and
quality of his act or the knowledge of what is right or wrong.

3. If a man commits a criminal act under insanity, he is under the same degree of
responsibility as he would have been on the facts as he imagined them to be.

The said rules were criticized on the following grounds:

1. The rules are very vague, ambiguous and unscientific.

2. The rules ignore the influence and impact of emotions, unconscious- ness and willingness
during the commission of a criminal act. The rules are solely concerned with the 'right
and wrong' test without any rationality.

3. The meaning of the words 'quality' and 'wrong' are not clearly defined which makes it
debatable as to whether they are to be construed in legal or in the moral sense.

4. The rules are focusing only on the extreme cases of insanity i.e., when there is a complete
impairment of the cognitive faculties making a very rigid distinction that either a person
is sane or insane. It is not easy to specifically distinguish a person and categorize his
offence by following this rule.

5. IRRESISTIBLE IMPULSE: The rule was criticized on the ground that the mental illness
may affect not only the cognitive faculties of the offender but also his will and emotions.

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 An individual is not criminally responsible under the irresistible impulse test, though he
may be under the M’Naughten’s Rules if he had a mental disease that kept him from
controlling his conduct despite his knowledge of the nature and quality of his act and his
awareness that it was wrong. It was held that such a test would let the doors of immunity
too wide open and also that the test does not go far enough to extend the M’Naughten’s
Rules. It is not possible to prove whether an impulse was 'irresistible' or not. However,
irresistible test has been accepted in some jurisdictions in the U.S.A. and Australia.

several other instances of irresistible impulses or reasons for mental disability are observed
in cases: kleptomania, Pyromania, insanity, neurosis, pathological arson, epilepsy, fear.
Pyromania: impulse-control disorder characterized by the recurrent compulsion to set fires.
The term refers only to the setting of fires for sexual or other gratification provided by the fire
itself, not to arson for profit or revenge. It is an intense obsession with fire, explosives, and
their related effects. It is also an obsession of starting fires intentionally. It differs from arson,
since pyromaniacs indulge in such activities for excitement and euphoric feeling. On the other
hand, a person committing arson does it for personal, monetary or political gain, or for acts of
revenge. Behaviour modification is the usual treatment for pyromania. The patients are
analysed and in an unconscious process are helped to get rid of such an ailment. The
prognosis for treatment is generally fair to poor. Treatments like family therapy and
community intervention appear to work in 95% of children that exhibit signs of pyromania.
There are certain neurotransmitters used to control such behaviour
Lifting of a petty article by a worker in a moment of weakness when he yields to a temptation,
does not call for an extreme penalty of dismissal from service.

Pyromania is a rare disorder and the incidence of it is less than one percent in most studies. As
per the findings of Australian Institute of Criminology generally a very small number of
people get admitted for the treatment of pyromania in psychiatric hospitals. Pyromania can
occur in children as young as age three. Ninety percent of those diagnosed with pyromania are
males. Generally, a person committing such an act must have undergone a great amount of
tension, stress or anxiety before committing the act. At times, such acts are committed out of
sheer curiosity and without realizing the effects. Pyromania is a method of expressing
vengeance and/or pleasure. It also is a result of social ideology, sometimes even to conceal
criminal activity, to express anger, to improve one's living circumstances, to respond to a
delusion or hallucination or as a result of impaired judgment (e.g., in dementia, mental
retardation, substance intoxication etc.).

Kleptomania: Kleptomania is a strong desire to steal. recurrent compulsion to steal without

regard to the value or use of the objects stolen. Although widely known and sometimes used
as an attempted legal defense by arrested thieves, genuine kleptomania is a fairly rare mental
disorder. Often such an offender steals things he could have bought easily or things that are of
no use to him. The stealing might be for a 'kick' or thrill. It is generally seen that those who
did not have a happy and affectionate family are more prone to exhibit such ailments. Such
offenders have an irresistible inclination to steal. While committing such acts, a sense of

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pleasure or gratification is felt by the offender. It is still surprising to find that they often
throw away the stolen goods. Though it has been labelled as a disease, it is not readily
accepted as a legal excuse before any American or British court. It is easy to treat this disease
by engaging the mind of the offender in something productive, gainful and creative and make
him realize that such activities would prove to be harmful and cause problems to his family
members. This is more commonly found in females. The disorder may continue for years,
despite multiple convictions for shoplifting.
In case of Rajgopal, Vs. Jomy Xavier, in W.A. No.215 & 250 of 2009 passed on 3rd March
2010, the Hon. Kerala High Court observed that taking of a petty article by a worker in a
moment of weakness when he yields to a temptation does not call for an extreme penalty of
dismissal from service. Especially when the post held by him is not too sensitive such as that
of a store keeper or an accounts officer, a poor worker might be tempted to steal on account of
his impoverished conditions, however, the same cannot be approved when even the rich
commit economic offences to get richer and do so by and large with impunity. (And even tax
evasion or possession of black money is not considered to be dishonourable by and large). A
penalty of removal from service is therefore not required when a poor worker yields to a
momentary temptation and when such offences are committed by rich people they are given
sophisticated honourable name of Kleptomania.

Insanity: Schizophrenia is considered a very influential cause affecting the minds of the
criminals. This disease was first pinpointed by a Swiss Psychiatrist, Eugen Blueler in 1911
where he described the disorder characterized by disorganization of thought process, lack of
coherence between thought and emotion and an inward orientation away from reality. To
claim exemption from criminal liability for the crimes committed under the influence of
Schizophrenia, the defence has to prove under sec. 84 of I.P.C. that the accused was under the
influence of the mental disorder and was unaware of his activity by showing the absence of
any and all Mens rea. There are several other psychological problems such as:

Neurosis: It is minor form of mental illness which may also lead to crime. Neurotic
individuals are well in touch with reality but many find themselves anxious, fearful of certain
situations or unable to help themselves. Such a behaviour also results in further problems of
alcoholism and drug addiction which aggravate the neurotic problems and make it a vicious
circle. since the addict would become a criminal under the influence of some neurotic
problem. Such neurotics are generally not acceptable by the society. As per the views of
Freud, crime can be caused by an 'unconscious guilt complex' resulting from a fear of
authority and a strong or overdeveloped super ego. This sort of neurosis, though criticized by
several researchers on grounds of being preposterous, a person is possessed by feelings of
guilt and commits rule breaking activity in order to receive punishment, which serves, at least
temporarily, to relieve the guilt.

Pathological arson: A pathological arsonist is the one who would set fire to the property and
not to a person. Secondly, the intention to set fire would not be to make monetary or political

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gain out of it. Such offenders suffer from psychiatric or emotional problems and are quite
opposed to the non-pathological arsonist who set fire for making monetary gains out of it.

Certain people have a very low tolerance level which is reflected in their behaviour. Due to
impatience with others, they are inclined to commit crimes at the spur of a moment. Such
neurotic behaviour is found in mothers as well who succumbing to their mental anxieties even
murder their own children Even the school teachers, when dissatisfied with low wages, bad
working conditions, misbehaving students, do not hesitate to inflict corporal punishment on
the young ones. It has been time and again reported that there are several students brutally
beaten up. These all aggressive behaviour are the result of people suffering from neurosis.

Incest: incest means sexual relations between close relatives which is admonished and is a
taboo in most of the religions all around the world. The siblings getting married also result in
multiple problems such as insanity, physical ailments that are genetically transmitted. In case
of Chandrashekhar Trimbak vs. Sau. Vaijayanti Chandrashekhar (1993) 95 BOMLR 267
divorce was granted to the father, whose son was involved in incestuous relationship with his
mother and sister. The court agreed that it was cruelty and hence divorce was granted.

Epilepsy: Epilepsy foundation of U.S.A. defines epilepsy as a 'chronic neurological disorder

characterized by recurrent seizures' which may also be known as 'seizure disorder'. In such
events, seniors with epilepsy carry the extra burden of knowing that having a seizure alone in
public makes them an easy target for theft and/or assault.

Fear as a cause of crime: Fear of being antagonized or being unprotected leads to several
disastrous events. The people suffering from paranoia or with imbalanced minds or are
surrounded by such thoughts. There is another set of people who are under constant tension of
being harmed, punished or being caught and that makes them commit crime. It has been
commonly seen in case of kidnapping. When the kidnapper fears that his identity would be
disclosed, he murders his hostage. The offender always tries to remove the evidence from the
crime scene. Such crimes are caused because of the characteristics of the offender, his state of
mind, the strict discipline of the family members etc. The gravity of crime increases when the
offender tries to hide or cover up his deeds

While the fear of being caught enhances the gravity of crime, it also manifests in the cases of
fearing harm or insecurity for himself or for his family members, friends etc. For instance,
Sanjay Dutt, the Bollywood actor, who was found guilty under Arms Act, 1959, pleaded that
he was in possession of illegal arms and ammunition, since he felt insecure. The Court did not
accept this plea and pronounced a six years' imprisonment. His accomplice, Russi Mulla too
suffered a fine of 1 lakh and a suspended sentence of one year.

Blackmailing is a very lucrative profession for several people who know that a person would
succumb to his demand for the fear of losing his status in the society. People who commit
crimes to protect their social status is very common, as in case of Madhumita, a poetess who
was murdered by former Uttar Pradesh Minister Amarmani and his wife, Madhumani. District

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and Sessions Judge V B Rai found them guilty of murder and awarded both of them life
imprisonment.

Note on Psychological concept of crime? Goring investigation?

Lombroso and Goring attributed criminal characteristics to atavism. The researchers

pinpointed that environmental factors did not have much of an impact on frequency of crimes,
suggesting that criminals have such innate and inborn delinquent traits by heredity. Such trait,
instinctive patterns and mental retardation are the causes of crime. Sutherland in furtherance
of this theory commented that the similarity of traits between a father and a son in a particular
situation is not due to their constant interaction with each other but is due to the association
that makes them follow criminal behaviour if placed in certain circumstances. Dr. Goring
studied that those who were not successful in their profession or whose business had failed
and who could no enjoy a luxurious life-style would surely resort to illegitimate activities to
fulfil their desires which are labelled criminal in our society.

As per the views of Goring, 'weak-mindedness' was probably the most important factor in
criminality. He pointed to the fact that social conditions had very little to do with criminality.
For Goring, the central theme of penology was neither crime nor punishment but 'individual'.
However, Hooton criticizes Goring's investigation as unscientific and held that crime and
other anti-social behaviour are due to physical and social factors. Charles Goring had also
conducted a research on habitual offenders who are held guilty and are incorrigible recidivists.

On the other hand, theorists like Tarde and Vold (1886) formulated the 'law of imitation'
where geographical conditions were taken into account to establish a connection between the
offender and his surroundings. Imitation is one of the main causes for causation of crime.

James Coleman has described the following characteristics of psychopaths:

1. Inadequate conscience development and lack of anxiety or guilt: Such persons are very
aggressive and hostile who are normally labelled as "moral moron" due to the discrepancy
between their level of intelligence and conscience development.

2. Irresponsible and impulsive behaviour: In a quest to be outstanding and to be viewed as

adventurous, they normally are deviant and unconventional. To prove the said characteristics,
they are formidable and ever-ready to violate the laws.

3. Ability to put up a "good front" to impress and exploit others: Psychopaths are capable of
hiding their cruel and inhumane thoughts as well as emotions. They are efficient in evoking
sympathy in everybody. They try to portray themselves to be very weak, vulnerable and
needy. Such over dramatization helps them to exploit others.

4. Rejection of authority and inability to profit from experience: They do not like being
dictated upon. They do not like to share responsibility and would prefer being left alone. They
do not regret of their decisions and have no plans for any prosperous future.
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5. Inability to maintain good interpersonal relationships: Certain psychopaths avoid contacts
with those whom they have lied to or have taken undue advantage of. Their irresponsible,
rebellious and volatile behaviour creates problems in maintaining good interpersonal
relationships with everybody in the society.

In addition to this, Hervery Cleckley enlisted symptoms of psychopaths

1. They are free from any neurotic, psychotic or mental deficiency.
2. They lack motivation and their behaviour is not in conformity with the rules of the society.
3. They do not fear punishment and are well aware of the consequences in process of
commission or omission of an act.
4. They are unable to adjust and maintain relations with outsiders satisfactorily.
5. They express their affectionate responses but show indifference and total lack of concern to
others.

Certain psychotic cases always throw a light on the reasons for the causation of crime, since
the offender is fully convinced that he is not committing any crime but is obeying and
conforming to the laws of the nature. It was observed in case of Ram Bharose v. State of
Madhya Pradesh (1974 M.P. Law Jour. 40) where the father had throttled and sacrificed the
child in his own house, strongly under the belief of being Sidh Baba who could resurrect the
child after three days of his death. Under such psychotic influence, the patient suffers from
delusions and hence it cannot be presumed that he committed crime under a normal healthy
state of mind.

Conflict Theory: Vold has offered a very different view on the reason for conflict in the
society. He is of the opinion that people with similar interests and common ideology come
together and form a group. Those with dissimilar ideas may form a separate group. If these
groups have similar amount of strength, then the disagreements are resolved by compromise.
However, if one of these groups is stronger than the other, the former group would dominate
the weaker one, leading to conflict and generating a feeling of frustration and distrust. For
instance, the communal tensions between the Hindus and Muslims, or the activities of the
terrorist groups like Al Qaeda, LTTE etc. Hence, Vold perceives crime as a natural response
to an attack on the way of life of the deprived or weaker group. researcher Sellin too proposed
that there are less disputes in a homogenous society since the norms, ideas and conduct of all
the members are similar while problems and conflicts occur in heterogeneous society.

Explain Sutherland's Differential Association? Criminal theory is learnt and not

inherited?

Prof. H. Sutherland propounded the differential Association theory in 1939 with an elaborate
explanation of crime:" the conflict of cultures is the fundamental principle in the explanation
of a crime". Sutherland was of the view that social organization consists of three main groups

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viz. 1) supporting the criminal activities, 2) remaining neutral to criminal circumstances, 3)
group acting as anti-criminal. Furthermore, he suggested two explanations for criminal
behaviour viz.:

1.) Dynamic explanation of crime, i.e., the process operating at the time of the occurrence
of crime: this was accepted and favoured by the psychologists and psychiatrists because it
explained that a crime is committed due to certain favourable situation. For example, assaults
committed on people moving on streets at late nights.
2.) historical or generic explanation of crime, i.e., the processes operating in the earlier
life-history of the criminal: this explanation was helpful to study that not only situations but
also the past of the offender influences his behaviour. For example, a person from a poverty
ridden family might be tempted to commit theft due to hunger.

The theory asserted that crime is learnt by association with other criminal- minded people.
The following conclusions can be drawn from the theory of differential association:

Criminal behaviour is not inherited by anybody since it is something that is imitated and
learned. It led to a gradual acceptance that no one is a born criminal, but it is the
circumstances that make him one and these are the circumstances that push him towards
criminal activities.

1. This criminal behaviour is communicated via gestures, conversations and other forms of
communications (verbal or non-verbal).
2. Sutherland believed that media such as movies, newspapers etc. played a very minor role in
the genesis of criminal behaviour.
3. The criminal behaviour was learnt.
4. With techniques of committing the crime - be it complicated or simple.
5. The specific direction of motives, drives, rationalization and attitudes.
6. Differential association may vary in frequency, duration, priority and intensity.
7. The process of learning criminal behaviour by association with criminal and anti-criminal
patterns involves all of the mechanism required in any other learning which is not restricted to
limitation.
Conclusively, it can be said that if a person is in constant and excessively in contact with
criminals or unsocial environment, he may become influenced by it and may violate the law.
It has however been criticized on several accounts such as:

1. The theory cannot be extended to all the crimes. The theory does not apply to rural
offenders or white collar criminals.
2. The word 'contact' used by Sutherland has been dismissed by several sociologists implying
that by the word 'contact' Sutherland conveyed the meaning of physical proximity.

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3. The theory also fails to explain the 'personality traits', personality factors or psychological
variables. In order to answer this criticism, Sutherland argued that it is a state of mind or
condition of a criminal.

Reckless social vulnerable theory: Sir Walter Reckless has agreed with the views of
Sutherland on the ground that a crime takes place incidentally and a criminal is influenced by
the circumstances around him. The views of Dr. Reckless on habitual offenders are based on
two major factors; Psychological aspects and Social Pressures. A person may be influenced by
the internal factors such as aggression, avarice, restlessness, anxiety that may act as a 'pull
factor' towards crimes; while external factors such as poverty, lack of opportunities, family
conflicts act as 'push factor' into the criminal world. Such pressures and aspects make a person
vulnerable who may turn into an offender.

Note on Prevention of Crime?

Crime Prevention is defined as the steps taken by the community, society or government
forces to prevent criminal acts and behaviors from taking place. It also includes discouraging
individuals from committing crime. Prevention of crime consists of the measures taken to stop
or curb it before it is perpetrated. One such measure is fear of punishment instilled in the
minds of the would-be criminals or the habitual offenders. Punishment can be used as a
method of reducing the incidence of criminal behaviour either by making them incapable of
committing crime or by reforming them and turning making law-abiding citizens. It is
essential that the punishment is proportionate to the gravity, circumstances of crime. Loss of
freedom can scare any person into refraining from committing any crime.

though this doctrine has been criticized for several reasons it is still being observed in all the
leading countries because it has been found that prison have become a place for breeding
criminals making them more violent, aggressive and rebellious. Such imprisoned criminals are
not reformed as desired by the society. It is the duty of the law makers to transform the laws
breakers into law-abiding citizens.

K. Baier explains punishment as law-making penalisation, finding guilty, pronouncing a

sentence. But Durkheim has a different approach to punishment altogether. He treats
punishment as the reaction of the society against a crime. He also stresses on the point that
punishment can never be calculated. It is an intense emotional sense of outrage, the desire to
impose punishment. He explains that if punishment is a reaction of the society against the
offenders then it is generally in the form of an outrage or anger. Thus, rather being reparative
or reformative, it becomes punitive. This approach of the society towards the criminals is
what makes us treat them as outcasts and treated as deviant from the social norms. Therefore,
one can conclude that: -

1. It is essential that the punishment inflicted is unpleasant.

2. It is a result of a wrongful act

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A relationship between the punishment inflicted and the crime committed requires to be
established.

Controlling Agents of Crime: Crime control refers to methods taken to reduce crime in a
society. Crime control standardizes police work. 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 defense. First, governments can introduce more police
forces everywhere to monitor people’s activities and stop them from committing crimes.
Second, the state can apply new technologies such as surveillance cameras in the streets,
shopping centers, restaurants and all public places to cease criminals.

What is punishment & THEORIES OF PUNISHMENT?

Punishment can be summarized as the penalty for the violation of law. Punishment is an
integral part of a civilized society so as to instill the fear of consequences in the mind of the
people contemplating commission of any crime. Punishment can be deemed to be a physical
pain inflicted upon a person for doing something wrong. Punishment can also be in the form
of penalty. People sometimes are required to do social service or have to pay for the wrong
doings. The modern punishment suggests deprivation of material things, epitomizing the ideal
form of punishment. Bentham’s theory was based on a hedonistic conception of man, and that
a man as such would be deterred from crime if punishment was applied swiftly, certainly and
severely.

Objects of punishment:

1. To protect society from mischievous elements by deterring potential offenders.

2. To prevent actual offenders from committing further offences.
3. To eradicate evils and reform criminals and turn them into law-abiding citizens.
4. To administrate justice partly by inflicting pain to deter criminals and others from
indulging in crime and partly by reforming criminals.
5. To maintain rules and regulations for a crime-free country.

Theories: Retributive Theory: This theory is based on the famous saying that a ‘Tit for Tat’,
‘Eye for Eye’ or’ Teeth for Teeth’. The main motive of this theory is to inflict a similar
amount of pain endured by the aggrieved party because of the offender’s activity. Put simply,
it can be said that every punishment is retributive to a certain extent for the purpose of
punishment itself is to restore peace and harmony in society. This theory is harsher than other
theories. However, such a theory cannot be implemented in a social, modern and welfare state
where the well-being of humanity is given optimum priority.

The retributive theory intends that a man deserves punishment because he has acted
wrongfully. What retributionists have insisted upon is that no man can be punished unless he
is guilty, that is, unless he has broken a law. More precisely:

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1. That he performed in action of a certain culpability;
2. That the penalty will give satisfactions equivalent to the grievance caused by his actions;
3. That similar ones have been and will be imposed on similar offenders;
4. That he was responsible for his action and performed it with a knowledge of possible
consequences according to a penalty system and;
5. That unlike non-offenders, he has gained satisfactions attendant on the commission of an
offence... as it stands, it is worth consideration as sufficient argument for punishing a man".

Though the application of this theory would be compensatory to the victims, the retributive
theory is not always strictly implemented in our society in the modern times. This is quite
evident from the fact that capital punishment has been abolished in countries like UK and
Japan. Several sociologists have protested against this theory on the ground that if an
individual does not gain access to decide the morality of a person, why the said powers be
vested in a group of individuals. Furthermore, though punishment inflicted upon offenders
may result in genuine repentance and regret for their act, such atonement is never accepted by
the society and he would always lead a 'strange and unsocial life'. A person who has
undergone some punishment is always held as a suspect in the eyes of the non-offenders. In
short, the modern retributive theory does not perceive the concept of punishment as an act of
vengeance, but in the sense of reformation.

Deterrent Theory: The founder of this theory is Jeremy Bentham, and this theory is based on
the principle of hedonism which says that a man would be deterred from committing a crime
if the punishment applied was swift, certain, and severe.

Bentham suggested that punishment might be useful in controlling crimes in the following
manner:

1. By making it impossible or difficult for a criminal to commit the offence again, at least in
certain ways;
2. By deterring both offenders and others;
3. By providing an opportunity for the reformation of an offender.

the theory explains the effects of punishment by highlighting the fact that if the offender is not
punished, the crimes may multiply drastically, inciting a feeling of revenge among others who
would not hesitate to commit a crime. The punishment of an offender would create a fear in
the minds of the non- offenders who would avoid such criminal activities and the society
would retain its faith in judiciary. It is essential that the punishment is serious and in
proportion to the gravity of the offence. If this is not the case, the purpose of punishment
would not be served due to lack of its impact on the public in general. The theory aims to
generate a sense of fear in the minds of the citizens of a state, of being penalized or being
imprisoned, for violation of laws. However, this theory is not effective enough in case of
recidivists who are well aware of the consequences and yet have no qualms while committing
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offences as commonly seen in case of pick-pockets, black marketeers, drug peddlers, human
traffickers etc. At the same time, the human rights activists, who protest against capital
punishment state that though the crime of murder is punishable with death penalty, it is not
enough to deter a person from committing crimes.

In the case of the State of H.P. vs. Nirmala Devi (2017), the court of law had opined that if the
crime done is heinous and serious against society then the deterrent theory becomes more
relevant, for those guilty will be punished to deter other prospective offenders.

Criticism of deterrence theory

1. Though this theory intends to deter people from committing crimes or repeating the
same crime, it has failed to serve its purpose. It has proved ineffective in checking
crimes and the fact that excessive harshness of punishment tends to defeat its purpose
by arousing the public’s sympathy towards those who are subjected to such
punishment.

2. Punishment loses its essence once the criminal is punished. For example, in the Delhi
gang rape case, familiarly known as the Nirbhaya case, all 4 accused were hanged for
their heinous crime but the offence of rape continues to happen. Thus the question as
to whether the deterrent theory of punishment serves its purpose remains arising in
people’s minds.

3. It does not give a chance to reform the accused.

Utilitarian Theory: This theory suggests that punishment serves as a means to achieve certain
ends with the aid of criminal law. The utilitarian theories are forward looking; they are
concerned with the consequences of punishment rather than the wrong done, which being in
the past, cannot be altered. Utilitarianism includes all intrinsic values and all of the good and
bad produced by the act, whether arising after the act was performed or during its
performance. The theory intends to prevent further crime by either reforming the criminal or
protecting society from him and to deter others from committing crimes through fear of
punishment. For instance, in case of a prisoner who is suffering from a debilitating ailment. If
the prisoner's death is certain, the society is not served by his continued confinement because
he is no longer capable of committing crimes. Not only Indian but American and European
countries are implementing this theory as well, which is evident from the provisions made for
probation, parole and even bail. The utilitarian theory was criticized on the ground that it did
not consider the ill-effects of the punishments. The critics also felt that in the course of
making the task of punishment a 'success' an innocent person may be punished.

Preventive Theory: Preventive theory of punishment seeks to prevent prospective crimes by

disabling the criminals. Main object of the preventive theory is transforming the criminal,
either permanently or temporarily. Under this theory the criminals are punished by death
sentence or life imprisonment etc. Philosophical View of Preventive Theory: Utilitarian's such

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as Bentham, Mill and Austin of England supported the preventive theory of punishment due to
its humanizing nature. Philosophy of preventive theory affirms that the preventive theory
serves as an effective deterrent and also a successful preventive theory depends on the factors
of promptness. The profounder of this theory held that the aim of punishment is to prevent the
crimes. The crimes can be prevented when the criminal and his notorious activities are
checked. The check is possible by disablement. The disablement may be of different types.
Confining inside the prison is a limited form of disablement, that is temporary and when it is
an unlimited form of disablement, that is permanent. It suggests that imprisonment is the best
mode of crime prevention, as it seeks to eliminate offenders from society, thus disabling them
from repeating the crime. The death penalty is also based on this theory. This theory is
another form of deterrent theory. One is to deter the society while another is to prevent the
offender from committing the crime.

Case Laws: Surjit Singh v State of Punjab 8: In this case, one of the accused, a policeman
entered the house of the deceased with the intention to commit rape but failed to do so as the
as sons of the deceased shouted for help. Another accused suggested the policeman to kill the
deceased. The accused was held liable under section 450 of the Indian Penal Code. While on
the contrary, the death penalty or capital punishment is more of a temporary form of
disablement.

Reformative Theory: The name of this theory itself implies what its nature has to say. This
theory helps to reform criminals, thereby transforming them into law-abiding citizens.
Nobody is indeed a criminal by birth, crimes sometimes happen accidentally or situationally.
In this case, the offender should get another chance to rectify his mistake. For this, there is the
facility of correctional homes, juvenile homes, training schools, and reformatories. The main
object of this theory is the rehabilitation of inmates.

It was the case of Dharambir v. State of Uttar Pradesh (1979), which became the initiation of
the concept of open jails in India which generally helps in reforming young offenders.
Further, the Supreme Court of India, while deciding the case of Musa Khan v. State of
Maharashtra (1976), had observed that the reformative system prevented juveniles from
becoming hardened criminals.

Criticism surrounding the reformative theory of punishment

1. This theory only works for juvenile and first-time offenders and not for hardened
criminals who have committed multiple crimes.
2. The reformative theory of punishment is sometimes considered not justifiable for the
aggrieved party subjected to prejudice by the offender.

Kinds of Punishment?

Corporal Punishment: Flogging refers to the corporal punishment where the offender is
whipped, hurting his body with wires and hooks, tearing his skin and flesh. As per Section 46

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Clause 12 of the Prisons Act 1984, the Jail Superintendent may examine a prisoner
committing such offence and punish him by whipping him/her not more than 30 times, among
other alternatives, as provided in the Act. However, under this Act, it is the discretion of the
Jail Superintendent to award such punishment in the event of willful disobedience of prison
regulations, pretending illness, use of threatening or intimidating language, immoral or
indecent behavior and such other unlawful activity. However, the Act does not provide as to
how these offences are to be examined and whether "due process" will be followed in such
cases.

Mutilation: This was a very widely used practice of punishing the offenders. Mutilation is
defined as amputation of an organ. The offenders are severely punished by amputating their
organs and hence the repetition of crime is minimized. For instance, both the hands of the
thief are chopped off. Similarly, a sex offender would be punished by cutting off his private
parts. This is still practiced in several Middle East countries.

Branding: In a colloquial phraseology, branding is to make a mark with a red hot iron so as to
distinguish a name, design or a trademark that would define the ownership of the goods. This
would signify the quality and the class of the goods. In this case, branding is the kind of
punishment whereby a convicted felon would be marked with a symbol and/or a letter on his
head or hand with a red hot iron. This would make his identification clear and easy as well. In
U.S.A., the burglars were branded with letter 'T' on their hands while a letter 'R' on one's
forehead would suggest that he has repeated his crime or is a regular offender. This too has
been abandoned and is not practiced any more in the civilized world.

Transportation: Transportation refers to punishment where the offender is sent away from a
certain area where his activities are operated from. At times, certain criminals are more active
in a particular area and have their own communication levels with other gang members. By
transporting them to other areas, their activities are reduced. Transportation helps weaken the
modus operandi of a criminal. It will be further interesting to note that transportation is
different from extradition and deportation. As per the definition of the law lexicon,
transportation is the punishment of someone convicted of an offence against the laws of the
country. Extradition is the surrender of an accused by one country to another country for the
offence against the latter's laws, to be tried there and if found guilty, punished. While,
deportation is the removing of an alien out of the country simply because his presence is
deemed inconsistent with the public welfare and is sent out of the country without any
punishment being imposed on him. The system of transportation existed even in India, where
the British used to send the prisoner to Andaman Nicobar Islands, more colloquially known as
Kaala paani. This system of kaala pani was abolished in 1955. A similar practice was
continued even in Russia where the prisoners were sent to Siberia. The low temperatures of
the snow-covered vast lands made the life of all the prisoners miserable. A moderate form of
banishment is still practiced in the form of 'externment' whereby the offender is sent to some
other place to disassociate him from his surroundings to reduce his capacity to commit crimes.
Banishment from the society too was one form of punishment which is no more practiced in
cities, though Panchayati Raj in some villages favour the same.
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Public Execution: On August 14, 1936, Rainey Bethea was hanged in Owensboro, Kentucky,
before a crowd of 20,000. This was the last public execution in the United States, since it
provoked a huge public censure. Such public executions were carried out in several countries.
In New England, a public execution was a solemn and sorrowful occasion, where the crowds
gathered in an orderly and decent manner. In the 18 th century, Britain banned drowning and
quartering while France abolished guillotine as the said modes were practiced publicly.
However, public executions are still being carried out in several countries. In countries like
North Korea public executions are awarded for such acts as larceny of national properties like
cable and communication lines or for human trafficking. Public executions are comparatively
decreasing due to fear of infamy and condemnation. Such activities were deemed inhumane
and were given vast publicity. With the help of modern technology, the use of videos, cell
phones and media, such events get circulated all over the world rapidly. Korea Institute for
National Unification revealed in the "2007 North Korean Human Rights Report" that "North
Korea, through creating an atmosphere of fear, routinely carries out public executions to
preserve societal order and this is presently continuing". Public executions are recorded in
Afghanistan, by underground organizations, such as RAWA (Revolutionary Association of
the Women of Afghanistan) showing that the crowds cheer up when the offenders are
executed and their bodies lie lifeless. The said group was founded in 1977 to focus on
women's rights and whose members risk their lives every day in attempts to undermine the
Taliban and publicize its brutality.

Fine: Fines are normally awarded in the event where the crime is not too grave and/or
heinous. The fixation of the amount of the fine is at the discretion of the Court. At times, only
fines may be awarded or the punishment may be of imprisonment in addition to fines. A
maximum limit is prescribed with regard to the imposition of Fines. In case of the absence of
the said maximum limit, any fine may be imposed by the judicial authority. However, the said
amount should not be excessive. On the failure of payment of the awarded fine, the court may
award imprisonment or also increase the term of imprisonment. (For example Sec. 64, I.P.C.)

In some countries, in the event of the offence is punishable with fine only, the imprisonment
which the court imposes in default of payment of the fine shall be simple, and the term for
which the court directs the offender to be imprisoned, in default of payment of fine, shall not
exceed the proportionate scale.

The Supreme Court in India, held in Adamji Umar Dalal v. State (AIR 1952 SC 14) that "in
imposing fine, it is necessary to have as much regard to the pecuniary circumstances of the
accused person as to the character and magnitude of the offence". In this case, along with
imprisonment, the fine levied upon the Appellant was reduced from 1500/- to 1,000/-
considering that the offender was a Commission Agent and fined imposed by the trial court
was unduly harsh.

While sec. 68 provides that the imprisonment which is imposed in default of payment of a
fine, shall terminate whenever that fine is either paid or levied by process of law.

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 Punishment under IPC act?

Imprisonment: imprisonment refers to confinement or restriction on one's liberty and

freedom. It is this confinement that aims at turning the offenders into law abiding citizens.
Richard McCorkle reiterated the findings of Toch and Adams 1986 in his report where it was
found that inmates aged twenty-five or below are more rebellious while older inmates are
submissive and passively accept the structure of prisons. Goffman identified 5 modes for
adapting to an institution: -

- Initially, prisoners minimize their interaction with others exhibiting disinterested

attitude with withdrawal symptoms;
- Secondly, there is an intransigent line where prisoners disobey and are non-
cooperative with a very hostile and unfriendly attitude towards staff.
- Thirdly, a stage is experienced by the prisoner known as 'colonization' whereby he
feels that life in prison is more desirable than life outside the prison and prefers being
institutionalized.
- This is further followed by a peculiar stage whereby the prisoners adopt the prison life
and start obeying the guards conforming to the discipline of the prison easily.
- Finally, the prisoners are habituated and look forward to their release and ensure to
avoid troubles anticipating an early release with least physical and psychological
damage as was confirmed by the studies conducted by Haralambos & Holborn in
1995.

Theoretically, prisons are entrusted with responsibility of security, welfare of its inmates in
the utmost efficient and economic manner. A regular routine and a strict timetable to follow
would make the inmate submissive to the code of conduct, thus establishing order and
discipline in the prison. The prisoners have to be confined so that the society in general can
function smoothly. Psychologically, it has been proved that prison environment has
detrimental effect on the inmates in the following manner:

1. There is a constant feeling of anonymity. This is still further aggravated by issuance of

uniforms to the prisoners and reducing their identification with just a number. The inmates
feel isolated and rejected by the society, generating a feeling of condemnation by the society.
2. Complete separation has adverse psychological effects such as depression, delusions,
claustrophobia, and several neurotic problems. Excessive neurotic problems also end up in
prison suicides in cases where the person is not able to tolerate the living conditions.
3. Overcrowding in the rooms with no privacy for oneself is very irritable and at times, results
in riots and fights as well. In 1988, Paulas discovered that overcrowding resulted in stress,
anxiety, tension, depression, hostility, emotional discomfort.
4. prisons though aim at reformation, seem to have more harmful effects

It can be stated that imprisonment controls the behavior and traits of the prisoners by constant
supervision and control.
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Capital Punishment: This punishment was based on the principle of 'an eye for an eye'.
Capital punishment denotes the gravity of one's crime where the offender is hanged to death.
There were several other modes of terminating the life such as stoning, lethal injection,
guillotine, gas chamber, electric chair etc. In modern times, the capital punishment is executed
in India by tying a rope around a person's throat and letting the body be dropped through the
trap door. This process results in the dislocation of the vertebral column connected to the
cervical bone. This sudden snap with a heavy force results in death. This sentence is awarded
to those criminals in India in the following cases: -

1. Offenders who are found guilty of conspiracy involving treason as per Sec. 121 of I.P.C.
or abatement of a mutiny as per Sec. (132)
2. Murder (sec. 302 and 303)
3. Dacoity with murder (396)
4. Perjury resulting in the conviction and death of a person (Sec. 194)
5. Attempted murder by life convicts (sec. 307, clause. 12)
6. Abatement of suicide of a minor or an insane person (sec. 305)

However, a sentence like capital punishment is also based upon the circumstances and also the
state of mind of the person.

In case of Bishnu Prasad Sinha & Anr. vs. State of Assam (Cr. App. No. 453 of 2006), a
minor girl was raped and murdered brutally. The Sessions Judge awarded a death penalty
which was reduced to a life imprisonment by the High Court on the ground that Appellants
showed remorse and repentance even in his statement under Section 313 of Criminal
Procedure Code.

Furthermore, on humanitarian grounds, in case of a pregnant woman, death penalty is reduced

to the Life imprisonment.

Controversy in India: Sec. 354 (3) of Cr. P.C. provides that a judge has to provide reasons for
awarding death sentence and also record 'special reasons' as to why any other alternate
sentence would not meet the ends of justice. The presidential pardon generally is the last
resort for the convicted person. However, the gravity of certain crimes fails them to earn any
lenient punishment.

In case of Machi Singh and other v. State of Punjab (AIR 1983 SC 957) the Supreme Court
reiterated the category of 'rarest of the rare' case and laid down a five-point formula to decide
the gravity and magnitude of the case before awarding death penalty punishment:

(i) The manner in which the offence of murder was committed considering the brutality on
the part of the offender.

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 (ii) The motive for commission of crime is very important such as whether the crime was
committed for material gain or even murder of a member of a scheduled caste or minority
community.
(iii) When the murder is socially abhorrent and despicable such as bride burning, rape
followed by murder etc., or
(iv) When the magnitude of the offence is enormous as in case of multiple murders.
(v) When the victim is an innocent child, helpless woman or a renowned public entity.

Pros and cons of Capital Punishment: Capital punishment has been protested at several fronts
on the grounds of its being inhumane and is labelled an "official murder". However, capital
punishment has its own pros and cons which can be summarized as follows: -

- Firstly, not only that this punishment has legal recognition, they are also preferred
since the offenders are eliminated.
- Secondly, the exchequers save money that is otherwise spent on rehabilitation,
reformation, medication, food security and shelter provided to the convict. This also
ensures that there will be no recurrence of the crime at the hands of the hanged one.
- Finally, the severity of crimes can be gauged only by punishment awarded. Certain
heinous crimes can be punished in no manner other than the execution of the offender,
which would also serve as a deterrent amongst others.

Cons: It is also seen that, though aimed at creating a deterrent effect on the public, the crimes
are still increasing since there are regular and habitual offenders who are too seasoned to fear
the consequences arising out of commission of the crime. Moreover, if it is discovered that an
innocent prisoner, after having lost the legal battle, was executed, he cannot be revived as the
execution is an irreversible process. The society or its systems have no remedial measures to
compensate the loss.

Reasons for abolishing capital punishment: Major arguments against the death penalty
focus on its inhumaneness, lack of deterrent effect, continuing racial and economic biases,
and irreversibility.

Constitutionality of Capital Punishment: Art. 21 of the Constitution of India, allows the state
to deprive any person of the right to life provided that it is done by a procedure established by
law. In case of Jagmohan Singh Vs. State of UP ((1973) 1 SCC 20) the Supreme Court
established that capital punishment should be a narrow exception and not the rule. In 1977, in
case of Asgar Vs. State of UP., (AIR 1977 SC 2000) Supreme Court observed that if possible,
life imprisonment should be the rule and death penalty should be awarded only in exceptional
cases.

However, in The State of Maharashtra vs. Shivaji @ Dadya Shankar Alhat on 8 July, 2004,
Jus. Ranajana Desai had observed that, "We find no mitigating circumstances to give a lesser
punishment.". The Rape Accused had taken full advantage of the cordial relations with the

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victim. The Accused was a B.A., B.Ed. and was a teacher in a school. On the pretext of giving
fuel to a young girl, he had raped and murdered her and absconded. In such circumstances,
death penalty is rightly awarded. It is obvious that people who commit crimes in cold blood
on innocent people should not be spared so that an effective message reaches the society. Such
a punishment would surely act as a deterrent factor to a great extent.

In case of State Of Maharashtra vs. Ankush Maruti Shinde and Ors., on 22 March, 2007, Jus.
Marlapalle and R. Mohite, gave a judgment in Confirmation Case submitted under Section
366 of Cr.P.C.; convicting and sentencing six out of the seven accused for the offences
punishable under Sections 395, 302 read with Section 34, 376(2)(g), Section 307 read with
Section 34 and Sections 396, 397 and 398 of IPC. All the accused had been awarded the death
penalty for the offence punishable under Section 302 read with Section 34 of IPC. Five
members of the family were brutally murdered, they were all unknown to the accused and
there was no animosity between them. Four of the victims were of tender age. They were
defenseless and the attack was without any provocation and even otherwise; some of them
were so young that they could not have resisted any attack by the accused. A minor girl of 15
years of age was dragged in the open field, gang raped and done to death. The whole incident
is extremely revolting and shocking the collective conscience of the community. The
aggravating circumstances by far outweighed the mitigating circumstances and therefore, the
Bench was satisfied that so far as accused Nos. 1, 2 and 4 were concerned, reducing the
sentence to imprisonment for life would not meet the ends of justice.

In a secular country like India, all religions are equally respected. However, there are certain
anti-social elements from the neighboring countries that indulge in terrorism. Pakistan has
been generally found indulging in insurgency. During the attacks of 26 th November 2011,
terrorists open fired upon the public and hundreds of people lost their lives. One of them,
Ajmal Kasab was captured and was detained for more than one year and was finally hanged
on 21st November 2012. There are certain situations where the judiciary has opined that the
rehabilitation and reformation of such terrorists is impossible and therefore capital punishment
is found essential.

Death punishment can be executed by following methods:

Gas chamber: In this kind of execution, the room is filled with hydrogen cyanide, a
poisonous gas or asphyxiating gas. United States started using this method since 1920's. The
Nazi armies preferred Gas Chambers for mass killings, to kill the Jews in Germany.

Lethal injection: It is the practice of injecting a person with a fatal dose of drugs (generally a
barbiturate, paralytic and potassium solution) causing comparatively an immediate death.
However, such injections are also used by people for committing suicide and even for
euthanasia. The injection first puts the person to sleep and then his breathing stops followed
by his heart.

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Electrocution: It is performed by using an electric chair, in which the person being executed
is strapped to a specially built wooden chair and is electrocuted through electrodes that are
placed on his body. This method gained its popularity from United States. The high voltage
electricity would pass through the organs of the person and it is believed that the first jolt
would cause fatal damage to the brain and make the person unconscious. However, lethal
injections are found more a humane method of executing a person than electrocution.

Beheading: Beheading is the separation of head from the body. This is still practiced in Iraq
and Afghanistan. Beheading is generally carried out with an axe, sword, knife, for generally
such practiced are carried out in public so that the inhuman punishment would act as a
deterrent and the criminals would be restrained from committing crimes. The person who
carried out the process of beheading is known as a headsman.

Guillotine: It is an instrument whereby a blade is suspended and is raised with a rope consists
of a tall upright frame from which a blade is suspended. This blade is raised with a rope and
then allowed to drop, severing the head from the body. This form of execution gained
popularity in France especially after the French Revolution.

Firing Squad: The squad comprises the officers of the law enforcement agencies. The
prisoner is blindfolded sometimes they are forced to face the firing squad without covering
their eyes. The prisoner might be allowed to sit or may be made to stand. The members fire
simultaneously so that the interrupted firing prevents the identification of the member who
fired the lethal shot. Generally, such executions are carried out at the break of the dawn.

Hanging: It is a fatal and lethal suspension of a person by a ligature. The person is

specifically to put to death by suspension by the neck. This is the method practiced in India
while executing death penalty.

Note on The Police System? Police is that uniformed entity whose presence is
very effective and whose position holds prestige. They command trust, confidence and respect
from the common public. An independent police force on the modern lines in the State
administration was first introduced by the British in 1861 by virtue of the Police Act. The
Police system was established to fulfil the need for a common pattern of police organization
having properly trained and disciplined body of men exclusively devoted to the prevention
and detection of crime.

Immediately after independence, Sardar Vallabhbhai Patel recognized the need for proper,
well-organized, educated, disciplined, well-paid and independent civil service to carry out its
objectives.

In general, the police are entrusted with the following objectives and functions:

- Firstly, to deal with crimes and criminals. The crimes should be investigated and the
offenders should be tried on the basis of evidence and proof. This process of

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 investigation and collection of information are expected to be recorded systematically
by police to ensure justice and a fair trial in the courts of law.
- Secondly, not only the criminals but also the general citizens should be prevented from
committing crimes. The police have to keep a watch and undertake patrolling to reduce
loitering, vagrancy and other criminal activities on the streets.
- Thirdly, the police are also expected to curb immoral activities and help in smooth
functioning of the society. Such tasks involve controlling the crowds, action against
obscene movies, help in disaster management when the city is under crisis; be it
natural or otherwise.
- Fourthly, as per the provision of Sec. 24 of the Police Act 1861, the police may be
entrusted with the duty to manage traffic on public roads, to issue licenses for taking
out processions, decide and monitor the routes of such processions to help avoid the
disputes and chaotic situations in sensitive areas.

Problems/Drawbacks of police system: The Sixth National Police Commission enumerated

the following problems in the operation of the performance of the Indian Police system:

1. Improper selection system: During the selection of the staff, mediocrity is tolerated or
overlooked, which results in low quality of performance of the officers holding posts like
Deputy Inspector General of Police and above. If the staffing is done correctly, there would be
more efficiency and the structure would be more meaningful.

2. Lack of State Funds: Since the Central government controls the financial resources, it
reduces the flexibility and independence available to States and the states begin to look to the
Centre for assistance and help.

3. Conflicts with the influential and elite people: Increasing conflicts of direction and control
from higher echelons, who intervene or seek information, give unwarranted directions,
monitor action with improved means of communication. This leaves the officer on the spot
with little or no time or discretion to work out a solution based on his own understanding of
the situation. Instead, he complies with the orders thus received. In such cases, the judgment
opted for proves to be an erroneous and inferior choice against an otherwise possible
alternative.

4. Pluralistic Society: Government will always attract criticism because, in a pluralist,

democratic and sub-continental country like India, judgments will differ with regard to the
propriety of the ends, policies and objectives. In such a situation, the police will also get their
due share of criticism. The police officers can achieve a lot if they are professionally
competent, impartial, helpful and positive in their approach. They will need to show greater
awareness of the needs of society and take a hand in explaining proposals and objectives to
their men and also to The Public. There is, therefore, no alternative but to have a mutual
dialogue between the police and the people to ensure public support and response. The

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success of an officer will depend upon his own professional competence, his ability to inspire
his team and his capacity to win public support and response.

5. Understaffing in the police force: The proportion of number of policemen to the population
is very poor. Such a dearth of staff is more prominently felt during social and political
programmes and events such as elections.

In addition to this, while exercising their powers and duties, the Police, are facing several
other difficulties such as:

1. The police departments have very few trained staff members. While investigating any
matter, the police are also not able to gain support from the public and media.

2. It is also seen in India, that there is lack of social responsibility, as the public does not
interfere while a crime takes place in the broad daylight for the fear of being bullied by the
police and even the offender.

3. The police departments are also not equipped with good artillery and their access to
forensic departments is very limited.

4. With the increasing number of social occasions where police 'bandobast' is required, the
actual task of maintaining peace and solving crimes is sidelined. The already understaffed
police department finds such duty very cumbersome. For instance, the rallies of the protestors,
the ministerial visits to public places etc.

Structural organization of police at the Centre and the states: The Police Commission of
1860 established the following principles of police organization:

1. Civil constabulary to be set up and the Military police to be eliminated.

2. Every province to have a separate administration for the police department, headed by an
Inspector General who would be accountable to the provincial government.

3. Finally the superintendent to supervise the village police.

Besides the provisions of Articles 256 and 257, Centre cannot intervene in the matters of the
State police. Police and public specifically are State items and the Centre has been entrusted
with only the residuary powers such as Central Bureau of Investigation, Central Reserve
Police. Art. 353 however, entitled the Parliament to transfer any state list item during any
national emergency to the Centre, making the state subordinate to the Centre.

Central Police Organizations and institutions especially comprise the following:

1. Intelligence Bureau and Central Bureau of Investigation.

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2. Central Police and Para-Military forces viz. Central Reserve Police Force, Border Security
Force, Railway Protection Force, Central Industrial Security Force and Indo-Tibetan Border
Police.
3. Bureau of Police Research and Development, the Institute of Criminology and Forensic
Science at Delhi and the Laboratory at Hyderabad
4. Central Detective Training Schools at Kolkata, Hyderabad and Chandigarh.
5. Central Finger Print Bureau at Kolkata and offices of Government Examiners of
Questioned Documents.

Power and duties of police under the police acts, Criminal Procedure Code and
other laws: The powers of police and other investigating agencies are restricted in all the
developed countries so as to protect the fundamental rights of the citizens and ensure that the
adjudication of disputes is undertaken in a democratic and peaceful manner as is evident from:

The police as law of enforcement officer are required to serve the community by protecting all
persons against illegal acts which is consistent with high degree of responsibility required as
per the law. The police functions are multi furious and multi-dimensional. The powers given
by the law to the police makes the police one of the most important elements in the initiations
of criminal justice process and at the same time makes the police completely responsible as an
agency working towards social cohesion and public peace. The functions of police in the
modern democratic society have multiplied and the role expectation has also increased. Major
functions of police can be listed through the following points -:

1. Promote and preserve public order;

2. Investigate crimes and where appropriate, to apprehend the offenders and participate in
subsequent legal proceedings connected therewith;
3. Identify problems and situations that are likely to result in commission of crimes;
4. Reduce the opportunities for the commission of crimes through preventive patrols and other
appropriate police measures;
5. Aid and cooperate with other relevant agencies in implementing appropriate measures for
prevention of crimes;
6. Aid individuals who are in danger of physical harm;
7. Create and maintain a feeling of security in the community;
8. Facilitate orderly movement of people and vehicles;
9. Counsel and resolve conflicts and promote amity;
10. Provide other appropriate services and afford relief to people in distress situations;
11. Collect intelligence relating to matters affecting public peace and crimes in general
including social and economic offences, national integrity and security; and
12. Perform such other duties as may be enjoined on them by law for the time being in force.
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13. To protect constitutional guarantees such as right of free speech and assembly.
14. To assist those who can’t care for themselves; the intoxicated, the addicted, the mentally
ill, the physically disabled, the old and the young.
15. To create and maintain a feeling of security in the community.
16. Regulation and control of private morals and public decencies of life.

Rights Under Criminal Procedure Code: The citizens of India are granted several rights and
powers to ensure their protection and security of life and property. This helps in avoiding
miscarriage of justice and in keeping a check on the powers of the police. For instance, a
person has a right to be informed about the grounds of his arrest under the provisions of Sec.
50, 55 and 75.

The primary functions of police are the prevention and detection of crime and to maintain
public peace and order in the society. The rights and duties of the police to inflict punishment
are limited. Since their job is to pick up criminals from the society they play vital role in
bringing the offenders to the justice.

The major functions which the police are lawfully required to perform can be discussed in the
following heads: -

Patrolling: Patrolling is basically a military tactic. However even the police officers are
appointed to ensure that security and discipline is maintained on the streets to ensure that the
citizens are protected. The patrolling is required during festivals or even during curfew times
so that peace is maintained on streets and vandalism is curbed. Patrolling is the visible police
function for the purpose of general watch and word.

Patrol and surveillance provide the most direct and effective means of preventing crime. A
police beat is a given route or area to be covered by constable on patrol. In a town it usually
means streets and building in a given locality while in a rural area it may comprise one or
more villages or a stretch of road. Patrolling police officer keep a general watch over a
particular beat in order to prevent crime. In insurgency area armed police units do routine
patrolling either on foot or on vehicles depending upon the locality. Police patrolling is also
an exercise in area dominance by the law enforcement agencies especially where there are
acute law and order insurgency related problems.

Surveillance: Surveillance is the concept that is widely used today in the context of
developing strategies for preventing crimes and guaranteeing security. Thus, surveillance is
the process of gathering and analysing information to prevent criminal activities and develop
an adequate response to illegal actions through supervising. Nowadays, researchers pay
attention to the development of a new “surveillance society” because of the active use of
advanced technologies and cameras in different spheres of people’s lives for control
(McCahill 2015; Monahan 2016). One of the main features of the “surveillance society” is the
use of closed-circuit television (CCTV) that allows for detecting and preventing crimes

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(Alexandrie 2017). Despite the positive outcomes of using surveillance approaches for
guaranteeing security and social stability, researchers and experts tend to agree that
surveillance also has disadvantages concerning such aspects as privacy, cost, and
effectiveness (Welsh, Farrington & Taheri 2015). Although greater surveillance is actively
used for crime prevention in the United Kingdom among other countries, this approach is not
a desirable or appropriate answer to the crime problem because of the privacy issue, high
costs, and questionable effectiveness. Surveillance is required to ensure that the track record is
maintained of the habitual offenders.

Arrest; search and seizure and constitutional imperatives

The law relating to the arrest search and seizure are governed by the provisions of Criminal
Procedure Code 1973 and the Police Act. The Supreme Court of India time to time, issued
directives and guidelines with respect to human rights implications in terms of Art. 14, 19, 20,
21, 22, of the Indian Constitution. Thus, the judicial opinion interpreting the constitutional
mandates is a part and parcel of the law of arrest, search and seizure.

ARREST: The Police can arrest a person in case of a cognizable offence even in absence of a
warrant. (Sec. 41 Cr. P. C.) In non-cognizable cases, a warrant is necessary for such an arrest.
The Police as per the provision of Sec. 46 of Cr. P.C. are restrained from resorting to any
violence unless the person resists the arrest or tries to escape from arrest or custody. This
provision was provided in the Code to protect the citizens against inhumane and violent
disposition on the part of police.

In Prem Shankar Shukla's case (1980) 3 SCC 526) Krishna lyer and Chinnappa Reddy, JJ
Supreme Court, disapproved handcuffing of the undertrial prisoners by the escorts who take
the undertrials from the jail to court and back.

In case of Sunil Gupta vs. State of M.P. (1990 3 SCC 119) wherein Supreme Court showed
disagreement with the practice of police on handcuffing the person. In this case, the
petitioners were holding a dharna and had no tendency to violate any law or of escaping and
yet, disregarding all the norms of decency, the police subjected them to humiliation by
handcuffing them. The Hon'ble Court viewed this act as arbitrary and unreasonably
humiliating the citizens of the country with obvious motive of pleasing someone.

SEARCH: A search can be carried out with or without a warrant. However, the warrant issued
by a Magistrate should contain the following details:

1. The information as to the statement of facts showing probable cause that a crime has been
committed;
2. A specification of a place or places to be searched.
3. A reasonable time-limit within which it must be conducted.

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As per the provisions of Sections 94 to 104 Cr. P.C., the police are entitled to conduct search
and effect seizure only if the same are not unreasonable.

As against the provisions of the American jurisprudence, the Indian police have been
empowered to search and seize any evidence if it is found to be material and relevant for the
investigation of any case. As per Sec. 165 Cr. P.C., "whenever an investigating officer has
reasonable grounds to believe that anything... may be found at any place... and that such thing
cannot in his opinion be obtained without undue delay, he may after recording the
reasons...cause search to be made... even by a subordinate officer, duly authorized by him".
Here, the term 'reasonable grounds' is a relative term. However, the said Sec. 165 also makes
it incumbent upon the police officer to make the said search and seizure in presence of two
independent witnesses. The police can circumvent the procedure of applying for a search
warrant if in his personal opinion he believes that such a procedure would cause unnecessary
delay.

Note on Interpol? INTERPOL, whose correct full name is 'The International

Criminal Police Organization, was created in 1923 and is the world's largest international
police organization, with 188 member countries. The main objective of this organization is to
prevent and fight international crimes with the help of cross-border police co-operation.
Regardless of the diplomatic relations between the countries, the INTERPOL aims to facilitate
international police co-operation; taking into account the spirit of the Universal Declaration of
Human Rights and by prohibiting 'any intervention or activities of a political, military,
religious or racial character.'

Interpol has its own constitution and as per Article 5 of the constitution consists of

1. General Assembly, 2. Executive Committee, 3. General Secretariat, 4. National Central

Bureaus, 5. Advisers.

The Interpol has the following functions: - To provide secure global police communication
services: Interpol's global police communications system, known as I - 24/7, enables police in
all member countries to request, submit and access vital data instantly in a secure
environment.

Operational data services and databases for police: the data base of Interpol is so large that it
also contains the information on known criminals, their fingerprints, DNA profiles and stolen
or lost travel documents. Interpol is extremely active in issuing notices to nab the criminals; it
issues 7 types of notices viz.:

Red Notice: To seek the arrest or provisional arrest of wanted persons with a view to extradite
them.

Yellow Notice: To help locate missing persons, often minors, or to help identify persons who
are unable to identify themselves.

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Blue Notice: To collect additional information about a person's identity or activities in relation
to a crime.

Black Notice: To seek information on unidentified bodies.

Green Notice: To provide warnings and criminal intelligence about persons who have
committed criminal offences and are likely to repeat these crimes in other countries.

Orange Notice: To warn police, public entities and other international organizations about
potential threats from disguised weapons, parcel bombs and other dangerous materials.

Operational police support services: Interpol has its own police machinery known as
Command and Co-ordination Centre. The services of this Centre can be availed during an
emergency. It operates 24 hours a day, seven days a week and can engage Incident Response
Team to the scene of a serious crime or disaster.

Police training and development: Intense police training is provided to the police officers to
aggressively fight the global crime and terrorism. This involves rigorous training and requires
sharing knowledge, skills and best practices in establishing global standards.

Interpol is a serious participant in eradicating crimes ranging from human trafficking, drugs,
counterfeit currency, pharmaceuticals crimes, financial and technology related crimes, curbing
the activities of organized syndicates, tracking the fugitives etc.

Note on Home guard police? The Home Guard Police is an organization that is
assigned tasks that are auxiliary to the Indian Police and they act as Indian paramilitary force.
It was originally formed in 1946. However, it was reorganized after the Indo China war in
1962.

The functions of the Home Guard Police are:

1. To help in maintaining internal security and act as auxiliary to the Police force.

2. To help the people in times of emergency such as a natural calamity or some war situations
like air-raid etc., connected with the defense of the country.

3. To ensure the maintenance and functioning of the essential and vital services such as First
Aid, Power Supply, Fire Brigade, Nursing etc. These functions have been very accurately
assigned. For example, the Border Wing of 18 battalions assists the Border Security Force; the
Marine units act as an auxiliary for the Indian Coast Guard; the Fire Wing helps the Indian
Fire Service.

Members are accepted without any discrimination of their creed, race or caste. Any person
from the age group of 18 to 50 can be recruited in this organization. The members of the
Home Guard Police are recruited from different fields and sectors such as doctors, lawyers,
teachers, employees of public and private sector organizations, college and university
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students, agricultural and industrial workers and others who are desirous of doing good for the
community in their spare time. The police generally train these members in several activities
such as maintenance of law and order, crime prevention, anti-dacoit measures, border control,
disaster relief, fire prevention and firefighting, election and social welfare activities. These
members are paid an allowance when called up for service.

Note on WOMEN POLICE? The first woman police battalion was formed on
th
26 September 2010 to strengthen the women's position in the force. It aimed at empowering
the women to face the challenges in life more courageously. These women in the battalion
were given special training including the subjects of commandoes and paramilitary forces so
that they can become qualified members of the modern police force. The Women police can
perform special tasks of safe patrol, anti- terrorism and maintaining order in the society. In
January, 2007, India dispatched its first all-female UN Peacekeeping force made up of 105
policewomen to Liberia. Woman police play a very special role in case of domestic violence
cases. No woman offender can be arrested by the police officers unless there is a woman
police present. Police officers like Meera Borwankar and Kiran Bedi are great inspiration to
the women police force and are treated as idols. Kiran Bedi was the first woman officer who
joined the Indian Police Service in 1972. She has worked with United Nations as the Police
Advisor and has represented India at the United Nations, and in International forums on crime
prevention, drug abuse, police and prison reforms and women's issues.

Significance and Need of Women in Police

Legal Mandates and Specialized Roles: Women in the police force are essential due to legal
mandates that require certain procedures, such as recording reports and conducting arrests, to
be handled by women officers in cases involving women.

Additionally, specialized legislation like the Protection of Children from Sexual Offences
(POCSO) Act necessitates the presence of women officers. This ensures that sensitive cases
are handled with the required empathy and professionalism.

Addressing Crimes Against Women: Statistics from the National Crime Records Bureau
reveal that a significant portion of crimes defined under the Indian Penal Code is committed
against women. Having women police officers is crucial for effectively addressing these
crimes, providing support to victims, and ensuring that justice is served. Their presence can
lead to increased reporting of such crimes and a more empathetic response to survivors.

Insufficient Female Police Force: The NCRB data also highlights that the existing women
police force is insufficient, even for cases related to women. Increasing the number of women
officers is necessary to bridge this gap and provide adequate coverage for all types of
incidents, including day-to-day law enforcement activities.

Proven Competence: Women in the police force have demonstrated their competence in
various roles and responsibilities. They are fully capable of handling any assignment within a

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police institution, proving that gender should not be a barrier to their involvement in law
enforcement.

Representation and Trust: In a democratic country like India, it is essential for every
institution, including the police, to be representative of the populace they serve. Increasing the
number of women in the police force is a step towards building trust and confidence in the
community. It sends a message that the police are accessible and responsive to the needs of all
citizens.

Note on Scientific Method of police investigation? Modernization of police?

The police officials study the modus operandi of the criminals so that the detection of crimes
is easy. Modus operandi is actually a Latin phrase translated as mode of operation. It is used
in the legal world, to describe a criminal's characteristic patterns and style of committing
crimes. It is also applied in fraud investigation. In India, a Modus Operandi Bureau (MOB)
has been set up that collects, consolidates, collates and disseminates information on crimes
and criminals keeping and assorting the profiles of criminal gangs as reference for the
investigating officers. The Bureau is engaged in publishing English monthly called 'Criminal
Investigation Department Review' along with several regular reports which becomes very
useful while investigating any crime.

During the investigation, the police are entitled to collect evidence and interrogate witnesses
for the said purpose. As per the provisions of Sec. 160 of Cr. P.C., the police can call upon in
writing, any person, who is material to the prosecution and who can be termed as a witness.
The said witness may be even in the adjoining jurisdiction. However, proviso to Sec. 160 of
Cr. P.C., a woman or a child below the age of 15 years cannot be summoned for investigation
at any place other than their own residence.

The police are also entitled to frisk, i.e., search the pockets and clothing of the suspect.
However, no person's modesty should be harmed in the said process. The police can frisk and
search the witness while questioning or interrogating him subject to the provisions of Sec. 52
of Cr. P.C.

The police also depend to a very great extent upon the 'Khabaris; meaning informers. These
informers, for petty favours or for rewards, divulge the identity of the criminals, their
whereabouts, their next visit to a place or person, their schemes etc. The reasons for a person
to become an informer may be the betrayal by the other co-perpetrators of a certain crime or a
quarrel over sharing the loot, or rivalry. Sometimes, such persons are lured by the police into
becoming not only the informers but also the witness for the prosecution.

However, police investigation can be restricted under Sections 330 and 331 of the Indian
Penal Code, since it is a punishable act to cause hurt or grievous hurt to extort the confession
or any information which may lead to detection of an offence or misconduct.

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The police have set up Central Forensic Science Laboratory (CBI) located in New Delhi, that
helps the investigating agencies in scientific analysis of evidence and data in the following
departments:

1. The Ballistic Division: This department deals with firearms and explosives determining the
nature and type of weapon used in the crime. It is easy to detect the crime when the officer
knows the range of firing, linking bullet and cartridge-cases' discharge. With the advancement
of technology, sophisticated instruments like HPLC (High Performance Liquid
Chromatography) too are used to study the working of explosives and the residue analysis.

2. Biology Division: A study is carried out of blood samples, semen, hair, bones from the
body of the victim or the suspect or from the scene of crime. Such analysis helps in solving
crimes like dacoity, suicides, assaults and sexual offences.

3. Chemistry Division: The science of chemistry is useful in studying and detecting whether
there was use of any hazardous material like petrol, kerosene or acid. The body of the victim
is studied to detect presence of any poison in case of homicide or suicide.

4. The document division: The scientists study the hand writing, signatures, typescripts,
rubber stamp impressions, seal impressions, also examine counterfeit currency notes and
lottery tickets and determine if any alteration or mutilation has been made by chemicals. The
police can also study the erased writings, re-construct the charred and burnt documents,
examine the torn or serrated edges of paper and compare with their counterparts. This method
can also be used in determining the absolute or relative age of the documents.

5. Fingerprint Division: This division examines the questioned and doubtful thumb
impressions. The experts also visit the crime scene for chance prints. Since no two person's
fingerprints can ever be alike, it is easy to prosecute the suspect. The department also
develops latent prints, prepares a specimen 'ten-digit finger prints' of accused/suspects and
produces the same in Courts. Fingerprinting as a means of identification was first given by Sir
Wiliam Herschelle, Distt. Magistrate of Hooghly District of Bengal province in 1858. Later
Dr. Henry Faults gave the idea of tracing a criminal from the latent prints found at the scene
of crime and came to the conclusion that no two fingerprints are alike. Thereafter the first ever
Finger Print Bureau of the world was established at Writer's Building at Calcutta in the year
1897.

6. Lie Detection: with the help of polygraph equipment’s, the bodily changes of a suspect are
studied. The investigating agencies resorted to lie-detection in the case of Karim Telgi.

7. DNA tests: DNA Profiling conducts analysis of all types of bio-samples viz. blood,
bloodstains, bones, semen, tissue etc. These tests are generally resorted to in countries like
U.S.A. to determine the paternity of a child, detection of infidelity and sexual offences.

8. Computer forensics: This department is involved in preservation, identification, extraction

and documentation of computer evidence in various computer related crimes. This helps in
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studying the cybercrimes, and also in avoiding the same by designing potential software and
anti- virus software bugs.

Besides this, there are coroners to determine various facts pertaining to the death of a person.
The analysis of viscera, the elements of rigor mortis, post mortem levity and such other
factors help in establishing the cause of death, the time and even the extent of violence
employed in causing such death. Though the police are equipped with scientific tools and
methods of investigation, even investigating agencies do not hesitate to seek assistance from
psychic and parapsychologist.

Note on Third degree methods? Custodial Death?

Ways of inflicting third degree methods are very heinous. To extract confessions and also to
help get clues while interrogating a particular case, the police use physical and psychological
torture beating the suspect brutally with stick, depriving him of sleep, putting him on ice-
slabs, tying and holding him in awkward and damaging positions, threatening him with dire
consequences that might befall his family members etc. Psychological torture too takes place
where one single question is asked over and over again, using abusive language and
humiliating him by passing derogatory remarks.

Custodial deaths: The Supreme Court was very such disappointed in the observations made
by the High Court of Madhya Pradesh and was of the opinion that the High Court had
exhibited a total lack of sensitivity attitude in custodial tortures. The third degree tortures that
result in custodial deaths are giving tremendous confidence to the police officers since they
assume that no harm would come to them if an odd prisoner dies in the lock- up since there is
hardly any evidence to directly implicate them with the torture. Such third degree tortures
resulting in deaths besmirch the image of a civilized society and encourage the men in 'Khaki'
to consider themselves to be above the law.

Supreme Court has ordained in case of Kartar Singh vs. State of Punjab, (1994) 3 SCC 569
that interrogation should not be accompanied with torture or "third degree" methods, the
police officials do indulge in violence while extorting a confession or information under
compulsion by using third degree methods. A confession to police officer cannot be used in
the court against a person accused of any offence (Sec. 25 Evidence Act). Any confession
caused by threats from a person of authority would be irrelevant in criminal proceedings.

In case of Nilabati Behera vs. State of Orissa (AIR 1993 SC 1960: 1993 Cr. L.J. 2899) the
Supreme Court held the state liable for custodial deaths and directed the State to pay 1.5 lakh
compensation to the Petitioner for custodial death of her son aged 22 years. In Lakhan bhaiya
case inspector Pradeep sharma is sent for life imprisonment wherein justice marked that life
savers have themselves become murderers so how can common public believe the system.

Section 37 of the Protection of Human Rights Act, 1993 empowers the Government to
constitute one or more special investigative teams consisting of such police officers as it

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thinks necessary for the purpose of investigation and prosecution of offences arising out of
violations of human rights.

Despite such incidents, the police treat third degree methods as 'a necessary evil' by putting
forward the following arguments:

1. To learn the truth and the facts of case, it is essential to practice torturous methods on
hardened and professional criminals.

2. The professional criminals who are not 'first offenders' are very well aware of the
consequences of their acts and yet do not refrain from committing the same again. The said
criminals do not hesitate at all while committing heinous crimes against the innocent people

3. At times, the media and even the general public support such third degree methods to
avenge the atrocities inflicted upon the innocent people by the criminals.

4. It is pleaded by the police that it has a deterrent effect. It is generally said that several
people are aware of such methods of interrogation and that they are likely to avoid committing
crimes. However, such kind of a claim is not only contrary to the law but also create a bad
name for the police.

As per the provisions of Sec. 39 of Cr. P.C., it is the duty of every person who is aware of the
commission of crime or of the intention of any other person to commit a crime, to inform the
police about the same. However, due to the complex legal system, the witnesses do not co-
operate with the police system. Due to this non co-operation, police have to resort to third
degree methods. If the eye-witness readily helps the police and supplies with all the
information, the frequency of such third degree methods can be reduced substantially.

Liability of police for custodial violence: The National Human Rights Commission has been
the protector of the rights and safety of persons who are manhandled by the police officers.
The commission has taken active participation in the movement so that the abuse of judiciary
is avoided. The commission ensures that a strict investigation takes place and sufficient
evidence is provided by the officers to justify their acts and deeds.

The Commission was of the view that a candid and thorough post mortem should be
undertaken to study and learn the reason of the death or violence in the custody. The
commission opined that a local doctor may easily succumb to police pressure which leads to
distortion of the facts. Though it would be very expensive and time-consuming, the
Commission suggested that all post- mortem examinations done in respect of deaths in police
custody and in jails should be video-filmed and cassettes be sent to the Commission along
with the post-mortem report.

The violation of Art. 21 and 22(1) in custodies came into light in the case of D. K. Basu vs.
State of W.B., ((1997)1 SCC 416). The Apex Court had enumerated the following pre-

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requisites to be followed by not only the Police agencies but also other governmental
agencies (related with investigation and enforcement of law):

1. Ensure the record of the police personnel arresting and handling the arrestee;
2. The record of arrested person's whereabouts during detention;
3. Giving information to his relative or acquaintance having interest in his welfare;
4. Periodic medical examination of the arrestee to ascertain whether any force is used;
5. Preparation of 'inspection Memo' recording the injuries and the state of his health while in
custody, so as to detect the events of custodial violence, if any.

As per the Cr. P.C. (Amendment) Bill, 1994, a few human rights were found very essential to
be implemented such as prohibition of arrest of women before sunrise and after sunset or
mandatory judicial enquiry in cases of alleged death, disappearance and rape in custody.

Essential reforms to make police force effective, reliable and competent Home Minister,
Shri. Shivraj Patil had suggested a few changes in the Police Act. Firstly, Democratic
Accountability was advocated whereby a Citizens Board should be set up in India, like other
developed countries, so that the citizens can control the police and take an active participation
in controlling crimes. Even the Commissioners and Superintendent of Police should be made
accountable for the activities of the police force in general. The Board should comprise such
members that are closely associated with media, NGO's and research associations. To ensure
the transparency and avoidance of corruption, the members should not be allowed to continue
after 2 terms.

Secondly, an organizational control was suggested whereby the decisions regarding

recruitment, promotion, transfer and postings of the officers should be handled by the Director
of the General Police which otherwise are decided by the Home Ministry. Thus, the DGP
should be made the CEO of the organization and the Home Ministry should evaluate the
performance, budget and other operational matters. It is strongly felt that due to the
interference on the part of the Home ministry, the restructuring and reformation of police
system is blocked.

Thirdly, a change in organizational structure was suggested. There should be only two entry
points for recruitment. One from the constable level and the other at the IPS level; ensuring
that even the constables have received college education and are effectively trained. Such
training and education would motivate them to promote themselves to the ranks of
investigators and supervisors. Better performance can be ensured by providing good
promotion opportunities. With the growing awareness among the citizens, it is required to
reorganize and restructure the police system.

Lastly, change in police culture. It was recommended that the promotion of the police officers
should not be based on the seniority but on the basis of performance and efficiency. The IPS
officers should not be selected on the basis of their geographical locations but on the basis of
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the specialization. The perks and privileges should be replaced by financial rewards so that the
malicious and corrupt practices of the police officers can be controlled.

It is desirable that the police administration is allotted to the individual states so that the
officers are more informed about the locales where they have to operate.

Causes of Corruption: Greed of money, desires, Higher levels of market and political,
monopolization, Low levels of democracy, weak civil participation and low political
transparency, Higher levels of bureaucracy and inefficient administrative structures, Low
press freedom, Low economic freedom, Large ethnic divisions and high levels of in-group
favoritism, Gender inequality, Poverty, Political instability, Weak property rights, Contagion
from corrupt neighboring countries, Low levels of education, Lack of commitment to society,
Extravagant family, Unemployment, Lack of proper policies against corruption.

What is prison system? As per provisions of Sec. 3 of Ch. IX of Prison Act,

1894, a Prison means any jail or place used permanently or temporarily under the general or
special order of a state government for the detention of prisoners and includes all lands,
buildings appurtenant thereto, but does not include - (a) any place for the confinement of
prisoners who are exclusively in the custody of the place. (b) any place specially appointed by
the state government under Section 541 under the Code of Criminal Procedure 1884, or (c)
any place which has been declared by the State Government by general or special order, to
be subsidiary jail.

Basic functions of Prisons

1. Confinement and Isolation: It is essential to isolate and confine the offender from the
society so that the peace and law and order are maintained. An offender should be confined
because he can prove to be a threat and danger to the society.
2. Penance: Retribution can be possible only when one is isolated and allowed to ponder over
his deeds and the consequences of the same.
3. Punishment and Deterrence: The trust and confidence in judiciary can be maintained only
when the said judiciary punishes the offenders.
4. Protection: The society is protected from the offenders who are kept out of circulation. The
stigma that is associated with such crimes acts as a warning for the outsiders.
5. Reformation: The prisons help to reform the criminals and motivate them to change their
outlook, morals, attitude, perception and helps them become a part of society.

 Administrative organization of prisons

o Prison Structure and Prison Management: - There are three types of prisons in India: -
Maximum security prisons, Medium Security prisons and Minimum Security prisons.
o Maximum Security prisons: - Central Jails, District jails, Sub Jails, Special Jails

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 o Medium Security prisons: - Also known as Model jails – established in Lucknow &
Ajmer- converted into Central jails- Better living conditions for the prisoners- paid for
work – appropriate training-canteens.
o Minimum Security prisons: - open jails or wall less prisons.

 Mode of recruitment and training :- According to Section 5 of the Prisons Act 1894,
Inspector General or Director General of Prisons (IGP or DGP) is the overall in charge of
all jails in a State. Deputy Inspector General of Prisons (DIGP) assists him. A central jail
is in the charge of an officer of superintendent rank and a district jail is charge of an
officer of deputy superintendent rank. Each jail has jailors and wardens.
In central jails, some inmates are promoted as convict officers – who have been
imprisoned for term more than 1 year and a least completed 1/4 th term- Those prisoners
convicted of excise offence, poisoning, forgery, unnatural offence, counterfeiting of
currency notes – not eligible.

Further COs are categorized as Convict watchmen (CW), Convict Overseers (CO) &
Convict wardens (CW)
Jail reform committees have recommended abolition of this post- corruption.
Recruitment – ensure that the selected staff – efficient and effective
Curb the nuisance created by the inmates.
Sense of Sympathy- rehabilitation.
Certain mechanism - drafted – there is no abuse of power – hands of personnel- Surprise
inspections, regular reporting & media scrutiny- Promotion to the deserving- Additional
incentives.
The main features that distinguish prison life from home life: - In prison, all the various
activities are conducted in presence of everybody (like working, eating, sleeping and playing)

1. Each activity is carried on in the immediate company of strangers and no privacy is allowed
at all.

2. All activities are tightly scheduled; and they ought to be performed as per the explicit rules.

The concept of establishing prison system is to curtail and restrict the freedom and liberty of
movement of a person who has violated the law of the land. for general public, a prison is
visualized as a closed gigantic fortified walls of concrete and iron gates, filled with huge
numbers of people, punished for breaking the law with little or no consideration from society
members.

Background of prison system: In medieval era, prisoners were completely shut off from the
outer world and were held on more or less small and self-sufficient islands. Prisoners were
kept at places of low visibility, under inhumane living conditions where the outside world
remained largely ignorant of what occurred behind the walls. The life in prison was extremely
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cruel, inhumane and torturous till then. The offenders were treated like animals without any
sympathy. The Penn's Charter introduced several new concepts such as:

1. The practice of releasing an offender on bail;

2. The prisoners given a choice of their food and lodging;
3. The infliction of punishment in public was to be banished;
4. The people who were wrongfully imprisoned were to be compensated.

Note on The British Prison system? The prisoners are kept in prison in
accordance with the severity and gravity of crimes committed by them. The prisons are
classified broadly into 4 categories: A, B, C and D category.

Category A: Prisoners are those whose escape would be highly dangerous to the public or
national security.

Category B: Prisoners are those who do not require maximum security, but for whom escape
needs to be made very difficult.

Category C: Prisoners are those who cannot be trusted in open conditions but who are unlikely
to try to escape.

Category D: Prisoners are those who can be reasonably trusted not to try to escape and are
given the privilege of an open prison. Prisoners in this category enjoy several liberties and
privileges.

The British prison system is also divided into "Open" and "Closed" prisons. Categories A-C
are considered "Closed" prisons as prisoners cannot be allowed to interact with society.
Prisoners in category D or open prisons are generally prisoners with a good record and who
are found fit to be allowed limited privileges such as home-leave or a nominal employment.

It is generally opined that British prison management is based upon a system which is uniform
and intends to be both repressive and reformatory. The following units are found in a typical
British Prison

1. Segregation Unit: when prisoners violate the rules or behave in an undisciplined manner,
their privileges are curtailed and they are kept in the segregation unit, denying them the free
interaction with other prisoners

2. Housing block accommodation: The rooms and the dormitories have television sets,
bathrooms, recreation areas and telephones too.

3. Health Care units: There are day and night health care units in several prisons and the
doctors and nurses are available for any kind of treatment.

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4. Reception area: The reception area is where the prisoners are checked and their roll calls
are taken. Their warrants and identity cards are checked in this area.

5. Gate house: The identity of visitors, contractors and warden is checked before they enter or
leave the prisons.

6. Workshops and gymnasium: They are made available to the prisoners so that they can
engage in recreational activities. Their crafts are later on sold for charity purposes also.

In addition to the above, there are visitors' centers, libraries, educational and training centers
in British prisons. There are chaplaincies also whereby the prisoners of different faiths and
religions are provided with spiritual care.

American Prison System :-

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

Note on Indian prison system? The Prisons Act, 1894 was formulated when a
need for intervention in Indian prisons was felt. The system of visitors was believed to
provide transparency within the prisons and bring some degree of accountability to the prison
management. The Indian prison authorities encouraged the visiting system in India as early as
in 1894 with a view to provide humanitarian aid to prison inmates who are secluded from the
society. The first initiation towards prison reformation was undertaken by the Indian Jails
Committee, 1919-20 appointed on the 28th day of April 1919 under the chairmanship of Sir
Alexander G. Cardew.

In addition, in 1919-1920, the first Indian Jails Committee laid down certain guidelines for the
appointment of both official and non-official visitors. It also suggested that the selection of
officers should not be made solely on the ground of social position, wealth or political
influence but on definite qualifications as well.

Administrative organization of prisons: Prison Structure and Prison Management: There are
three types of prisons in India: Maximum security prisons, Medium Security prisons and
Minimum Security prisons.

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Maximum security prisons have been further classified into:

1. Central Jails: These jails function as corrective institutions. There are approximately one to
six Central Jails in every state in India, which serve the purpose of housing offenders awarded
punishment for more than a year.

2. District jails function as punitive institutions. District jails function as punitive institutions
for offenders imprisoned for three to six months.

3. Sub jails are meant for offenders sentenced to less than three months.

4. Special jails are meant for juveniles, females and political prisoners

Medium security prisons: They are also known as Model Jails. Two of such Model jails in
India established in Lucknow and Ajmer, have now been converted into Central Jails. These
jails were called model jail because there were better living conditions for the prisoners. They
were paid for their work, given appropriate training. The management of such jails was
administered by the residents of the jails who also ran a canteen. These canteens provided
basic needs of some food material, medicines, soap etc. and hence differed from other
institutions. These model jails differed from other institutions since they were converted into
central jails simply due to problems regarding the management of the canteens and other
administrative snags.

Minimum security prisons: The minimum security jails are called open jails or wall-less
prisons.

Open Prison: As the name suggests, open prisons are those prisons where a person's
movement is not restricted with bars, locks, walls and barricades. The open prison system is a
very effective mode of reforming the criminals and the offenders, giving them a chance to live
in a society - like environment. The open prisons' prisoners are engaged in some useful
employment and they earn wages for the same. A very effective institution opened at Paithan
in Maharashtra has served an import purpose in the rehabilitation or reformation of the
offenders. There is no single definition of open prison but it is generally accepted that it
refers to a place where prisoners have comparative freedom of movement, are
under minimum security conditions and are places for self-improvement and
rehabilitation.

In 1905, the first open prison was established in India's Bombay Presidency. The inmates
were chosen from a specific class of inmates at Thane Central Jail. However, in 1910, this
open prison was closed. In 1953, the state of Uttar Pradesh established the first open prison
camp with Benaras to help in the construction of a dam over the Chandraprabha River.

Of the 19 open jails, 17 are for men and two for women at Yerwada and Akola. These jails at
Kolhapur, Nagpur, Amravati, Wardha, Aurangabad, Latur, Nashik, etc they have a capacity
to accommodate 1,512 men and 100 women.
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According to the report, among all states and union territories only 88 had open jails as of
December 31, 2021. Rajasthan has 39 open prisons out of a total of 88 in India. The state with
the highest occupancy rate (89.3percent) is Punjab, while the state with the lowest percentage
is Himachal Pradesh (7.5 percent). Only three states, Maharashtra, Kerala and Rajasthan have
built capacity in open jails for female detainees. Maharashtra has the maximum capacity for
convicts in its open jails, despite having fewer open prisons compared to Rajasthan.

Objectives for implementing open prison

• To reduce overcrowding in prisons

• To provide self-reliance training and to reward good behaviour,
• To supply dependable, long-term labour for public works projects,
• To alleviate long-term residents' frustrations and instil optimism,
• To give agricultural and industrial training,
• To see if releasing convicts from prison is a good idea, and
• To allow detainees to live with their families (in some states).

The following are some of the characteristics of an open prison:

1. Informal and institutionalised small-group life with the bare minimum of supervision.
2. Efforts to increase inmates' awareness of their social responsibilities.
3. Appropriate training facilities for inmates in agricultural and similar occupations.
4. More opportunities for inmates to meet their relatives and friends so that they can talk about
their troubles at home.
5. Flexible remissions of up to fifteen days per month.
6. Adequate attention paid to inmates' health and leisure needs.
7. Open Jail Institutions are managed by professionally skilled and well-trained people.
8. Improved diet, with provisions for a specific diet for convicts who are weak or unwell.

With the increasing rate of crimes all over the world, it has been noticed that it is advisable to
propagate the idea of open prisons for the offenders having committed less serious crimes.
Open prisons are not only beneficial to the offender but also to the Government at large. Since
the security required for these institutions is considerably less, it reduces the burden on the
government funds. The concept of open jails can be advocated when seen in light of
Sampurnanand camp, a jail model in U.P. which shelters criminals who have not committed
more than one offence and are in the age group of the 21 - 50 years. Such offenders strive
hard to prove their reformation.

The obvious advantages of the open prisons as follows:

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 1) they help in reducing overcrowding in jails.
2) The construction cost is fairly reduced.
3) the operational cost of open prisons is far less than the enclosed prisons.
4) engaging inmates of open air prisons in productive work reduces idleness and keeps them
physically and mentally fit.
5) open prisons offer opportunities for self-improvement and resocialization to the inmates.
6) the removal of prisoners from general prison to an open prison helps in conservation of
natural resources and widens the scope of rehabilitative process.

the open prisons are not embraced unilaterally, they too suffer from certain
drawbacks/disadvantages

1. It is seen several times that the hardened criminals who have led a very notorious life and
have always exhibited anti-social behavior, resort to the open prisons since they can still
enjoy the freedom and continue to violate the laws. Such miscreants do not ever intend to
reform themselves. It is observed that such people have their own gangs actively
operating in the prison and a dictatorial rule is established by their leader.
2. Since some prisoners are allowed to set up their livelihood in and around the prisons and
also stay with their family, they later refuse to move out of the place as it became a cost-
free shelter for them in a prime location. There were other reasons for staying in also, as
they get emotionally attached to the place. They also want stability in the education of
their children, all of which will be affected if they relocate.
3. Under-trial prisoners are not allowed to live in open jails.
4. Open Jails require large space for its operation, but there is paucity of land for setting up
new open prisons.
5. There is a lack of administrative will towards opening more numbers of open jails.
6. The fund required for modernization and infrastructural improvement of jails is too low
to meet up new challenges.
7. There is difficulty in finding employment in the vicinity of open jails as most of them are
located in the interior areas.
8. Some studies suggest that it doesn't prevent recidivism.
9. There are allegations of bias, corruption and outside influence in selection of prisoners
for shifting from closed prisons to open prisons.
Section 3 Clause (1) of the Prisons Act, 1894, provides the eligibility and ineligibility criteria
for admission to open air camp. The convicts recommended by the committee constituted
under the Rules are sent to the open air camp. They are supposed to do work assigned to them
in the open air camp. Under Rule 8, such convicts are entitled to earn wages and use the same
for themselves or their family.

Similarly, there is Open Air Jail 'Navjiwan Shivir' at Lakhimpur for the rehabilitation of
surrendered dacoits from Bundelkhand region, spread over 124.75 acres of land with
adequate housing and irrigation facilities. There is an open Air Jail at Durgapur in
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Rajasthan, where the sole object is to render correctional and rehabilitating services to the
prisoners. This is also a kind of agricultural colony spread over 160 acres of land.

Problem of Criminality in prison: it is generally observed that in Prisons, the criminals tends
to be cut off from society and therefore may become more inhumane. Even in United States,
the criminals are not allowed to wear belts because they either commit suicide or there are
instances where they strangulate their fellow inmates.

The trafficking of drugs and other weapons also pose a big threat to the security to the
prisoners and even the administrative staff. There are severe physical fights over the space to
sleep and for sharing the food while in queue. The first time offenders tend to even commit
suicide within 2 or 3 days when they cannot sustain the beating and the abuse of the habitual
offenders. The administrative department of the prisons should ensure that such first time
offenders who are in prison are kept separately and do not come into contact with the
hardened criminals who have a devastating effect on the former ones and resulting in
aggravated problem of recidivism.

Prisoner's classification male - female; juvenile adult: under trial - convicted prisoners

CONVICTED PRISONER :- Imprisonment as a mode of dealing with offenders has been

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

UNDER TRIALS :- Under trails - inmates in the prisons and custodies – whose cases are not
decided or no sentence has been awarded to them. Difficulty in obtaining bail – providing
bond- security – prolongs stay – jail. S.167 Cr.Pc- restrict the time limit for completion of
police investigation. Unconstitutional to restrict someone’s freedom- speedy trial- Hussainara
Khatoon’s case. Overcrowding problem – should be solved through – speedy trials – effective
and efficient police force- regulation – defense lawyers – adjournments – trivial reasons.
Establishment of fastrack courts. Problem of undertrials in India:-
 Prison Violence, Criminalizing effect of a prison, Health problems, Drug Abuse,
Delay in trials, right to bail being denied

Female prisoners: To improve the conditions of the women prisons, several directives were
issued by Supreme Court in Sheela Barse vs. State of Maharashtra (AIR 1987 S.C. 656 at 659)
wherein it was stated that:

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1. There should be separate wards of males and females and female offenders or prisoners
should be guarded by female police officers or constables.
2. Female prisoners should be interrogated in the presence of women officials.
3. The arrest of the female offenders should be intimated to her relatives. Besides the relatives,
even the Legal Aid committees should be informed immediately.

Justice Krishna lyer had observed in his report on the National Expert Committee on Women
Prisoners that with the increasing number of women and juvenile offenders, there was a need
for more women constables and officers in the police force. In R D Upadhyaya vs. State of
AP, (2001)1 SCC 437, directions and guidelines were issued to ensure that certain minimum
standards were observed with respect to the children of women prisoners.

Firstly, the judgment directed that a child shall not be treated as an under trial/convict while in
jail with his mother. Such a child is entitled to food, shelter, medical care, clothing, education
and recreational facilities as a matter of right. Before a pregnant woman is sent to jail, the
authorities must ensure that the jail has the basic minimum facilities for delivery as well as
pre-natal and post- natal care for both mother and child. If a woman prisoner is found to be
pregnant at the time of her admission, or afterwards, arrangements must be made to get her
examined at the district government hospital.

The judgment directs that as far as possible, arrangements for temporary release/parole or
suspended sentence, in the case of minor offences, should be made to enable a pregnant
prisoner deliver her baby outside prison. Only exceptional cases that constitute a high security
risk should be denied this benefit of temporary release. Births of children in prison must be
registered with the local birth registration office. However, the fact that the child was born in
prison should not be recorded; only the locality must be mentioned in the birth certificate.

The age limit of children allowed to be put up with their mothers in jail varies two and six
years according to various state laws. In Tamil Nadu, Delhi and Karnataka, such limit is for
six years. In Bihar, it is two, and six in some special cases. In the Andaman and Nicobar
Islands, the same is for five years while in Himachal Pradesh, it is four years.

Pregnant women are treated more softly and it was stated in Rabi Prakash Awasthi vs. State
Of Orissa And Ors., 1998 Cri. L.J. 3268, where Orissa High Court explained that reprieve
means a stay of execution of sentence, a postponement of capital sentence on a pregnant
woman. Respite means awarding a lesser sentence instead of the penalty prescribed in view of
the fact that the accused has had no previous conviction. Till August 2014, no woman has
been hanged in India. However, it is quite a probability that Renuka Kiran and her sister
Seema Gavit might be the first woman criminals to be hanged for the crime of kidnapping 13
children and killing 9 of them. President Pranab Mukherjee had rejected the mercy killing and
therefore, these two women might be the first instance of hanging in India.

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

Note on Juvenile Delinquent?

Violation of law by a child is called Juvenile Delinquency. Delinquency is an antisocial and

criminal behaviour committed by a person who is under the age of 18; that is, who is not an
adult. Juvenile delinquency is also called delinquency. When a person reaches adulthood,
antisocial and criminal behaviour done by him can be said as a crime. Thus, we can say that
juvenile delinquency is the child and adolescent version of the crime. Juvenile offenders are
those delinquents who have committed crimes at a young age.

According to Dr. M.J. Sethna – Juvenile crime includes wrongful acts of any child or
adolescent who is within the age prescribed by the law prevailing at that time.

The Juvenile justice system in America too aims at correcting the delinquent youngsters
through the intervention of courts, police and the correction officers. They are also sent for
community service. Community service may require them to clean the streets, serve at the old
age homes, or any other service center. There are special courts set up and they are kept in
separate cells.

In India, under the Juvenile Justice Act, 1986 (Amended 2000), illegal acts committed by
boys up to the age of 16 years and girls up to the age of 18 years come under the category of
juvenile delinquency. It is a different matter that the maximum age limit of a juvenile
delinquent may also be different according to the state and country. In relation to juvenile
delinquency, we cannot consider only age as the determining factor, sometimes the
seriousness of the crime also plays an important role, that is, a boy aged between 7 to 16 or a
girl aged between 7 to 18 years commits a crime which is punishable by death. If the
punishment is life imprisonment, in that case we cannot consider them as juvenile delinquents,
such as committing acts like murder, treason, deadly attack etc.

Juvenile delinquents in the society are increasing due to the following reasons:

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1. The ever increasing desire to live a luxurious life. Young ones' minds are easy to impress.
They strive hard to copy the kids of the affluent families. To satisfy those needs, they are
compelled to commit crimes and earn illicit money out of the same.
2. The children from broken families, who do not receive love and affection from their
guardians normally exhibit delinquent behavior.
3. Migrated children living in slums may become drug addicts and might resort to crimes for
easy and quick money.
4. Illiteracy, truancy, child Labour also contribute to the problem of juvenile delinquency.

It is assumed in Indian laws that a juvenile should not be punished but be reformed and
corrected. For the treatment of juveniles, social agencies like Observation Homes, Special
Homes, Certified schools. Special Homes, Borstals are very active.

Causes to Juvenile Delinquency: The major causes of juvenile delinquency are divided into
three categories: social, economic, and psychological. Social factors include the influence of
family and peer groups. Economic factors include the exhibition of delinquent behaviour to
obtain more money and a better standard of living, whereas psychological factors consist of
the character traits within the individual that prompt them to participate in anti-social
activities.

Here it is important for us to know why a child commits crime and which elements are
responsible for his crime. In this regard, criminologists have given not just one but many
reasons for child crime, on which research is still going on, which are as follows:

(i) Family environment: Family environment is considered to be the first cause of juvenile
delinquency. The kind of environment a child gets in a family; the child becomes like that. If
the child gets a good environment in the family, then the child’s behavior also becomes good,
whereas if he gets the opposite environment, he becomes a criminal, that is why the family is
considered as the first school of the child.

Children from broken families are often considered to have criminal tendencies, that is,
families in which there are no parents or guardians or there has been a divorce between the
parents or both husband and wife are living separately or the father is more than one at home.
If they stay away for a long time, the children there become undisciplined because there is no
one to control them.

Similarly, the ‘immoral environment’ of the family also contributes to making a child a
criminal, such families in which siblings are criminals or family members keep fighting
among themselves or children are disrespected by parents or step-parents in the family. If
prostitution, gambling, drinking etc. are prevalent in the family, then it is natural that these
will have a negative impact on the children. Apart from this, illegitimate child, step-motherly
treatment of children, assault, living in crowded places etc. are also the causes of juvenile
delinquency.

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(ii) poverty: The second major reason for juvenile delinquency is poverty. When the
economic condition of the family is weak, children’s maintenance, education and needs are
not fulfilled and as a result children become victims of theft, begging or sexual crimes.
According to Kuppuswamy Poverty is an important factor in developing criminal character in
a child. Due to this poverty, many times an inferiority complex starts developing in children
and due to this inferiority complex, they start taking to crime.

(iii) Neglect: Neglect of children in the family is also an important cause of juvenile
delinquency. When children do not get natural affection from their parents, they develop
frustrations and become unruly and undisciplined. Due to lack of affection from parents, self-
confidence does not develop in children and due to its neglect, children’s needs are not
fulfilled due to which they start adopting criminal tendencies.

(iv) Physical reasons: When a child is physically handicapped, ugly, blind etc. then he is
considered an object of ridicule in the society and inferiority complex also starts developing in
such children. Such children are neither able to get employment nor get married and their self-
esteem also gets hurt. As a result, they start harming others to avenge their ridicule and in
such a situation they become criminals.

(v) Mental disorder: Mentally disturbed child is also considered a major reason for juvenile
delinquency. Due to mental deformity, children do not have the ability to think about their
own good and bad, nor are they able to differentiate between good and bad. Their mental and
intellectual development gets stunted. This is the reason why such children get inclined
towards criminal activities like theft, begging, sexual relations etc.

(vi) Pornography: Literature has a great impact on a person and personality. The mind and
behavior of a person becomes similar to the literature he reads. “Through good literature, a
person becomes well-cultured, whereas due to obscene literature, criminals start committing
crimes like theft, adultery, prostitution etc. by reading literature like sexual literature,
detective novels, comics, etc.”

Apart from this, children’s minds get distorted and become criminals due to erotic articles,
obscene pictures, sexy stories etc. published in newspapers and magazines. Thus it can be said
that literature is both a blessing and a curse.

(vii) Cinema, television and internet: Cinema, television and internet are also responsible
for child crimes. Many times obscene pictures and films are shown in cinema halls and on
Doordarshan due to which even innocent children become guilty. Such films and pictures
have a negative impact on the character of children and they become criminals.

(viii) Consistency: Company also has a great impact on the child. A child becomes like the
company he keeps. If a child stays in the company of notorious criminals, then he also
becomes a criminal. This is the reason why corrective punishment has been provided for
juvenile delinquents so that they can avoid the company of notorious criminals in prisons.

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With a view to reform the children, the Honorable Court in many of its cases has
recommended that child criminals be released on bail to save them from the company of
notorious criminals in jails.

(ix) Political patronage: Political protection and self-interest is also considered to be a major
reason for the increase in juvenile crimes. Politicians openly use school children to achieve
their own ends. Most of the strikes, vandalism, siege, violence etc. in schools happen at the
behest of politicians.Child power (youth power) is openly misused in elections due to which
the child, while indulging in such tendencies, one day becomes a criminal.

(x) child marriage: Child marriage has also been considered a cause of juvenile delinquency.
Due to marriage at an early age, boys or girls remain unaware of their marital duties and in
future they become victims of sexual crimes or commit sexual crimes.

How can juvenile delinquency be prevented? many measures to prevent child

crimes were also considered by which child crimes can be controlled –

(i) Family affection: Just as the family environment is the first cause of child crimes,
similarly the first responsibility for their prevention also lies on the family i.e. the parents.
Parents and family members should provide natural affection to their children, never treat
them step-motherly, or abuse or abuse them. Apart from this, the family members should pay
attention to the education and fulfillment of their children’s needs, protect their family from
disintegration, do not allow immoral atmosphere to develop in the family. By following these
things, children can be prevented from becoming juvenile delinquents.

(ii) Economic situation: To prevent child crimes, it is necessary to strengthen the economic
condition of the family. If the adult members of the family remain engaged in employment,
avoid debt, increase domestic industries, do not shy away from labour, and avoid unnecessary
expenditure, then child crimes can be reduced. When the financial condition of the family is
strong, the minimum needs of the children will be fulfilled, immoral atmosphere will not
flourish in the family, inferiority complex will not arise and self-confidence will be boosted.

(iii) Proper education: It is also expected that children be given proper education. First of all,
children should be sent to schools, they should not be allowed to remain uneducated, they
should be taught character building, they should be made well-cultured and they should be
inspired to be inclined towards faith in religion.

(iv) Healthy entertainment: Arrangements for healthy entertainment should be made for
children. Movies should be shown to inspire them to build character and be oriented towards
ideals. Children’s parks should be set up in settlements and localities and means of
entertainment should be provided. It is also expected that children should be kept away from
obscene movies, cinema houses and sexy activities.

(v) Good literature: Good literature should be collected for children. They should be kept
away from pornography. Do not let adulterated novels, comics etc. come into their hands.
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Their access to inspirational stories of great men, religious books and literary material for
character building should be made easy. For this, good libraries and reading rooms can be
established in every village.

(vi) Rehabilitation: It is also necessary to make arrangements for the rehabilitation of

neglected and runaway children. Children should be given employment oriented education
and work in reform villages and employment opportunities should be found for them. When
the child is engaged in employment, he will not get the opportunity to go towards crimes.

(vii) Establishment of reform homes: It is also necessary to establish reform homes for the
improvement of delinquent children so that proper arrangements for children’s education,
food, housing, medical etc. can be made there.

(viii) Political pollution: It is necessary to protect children from political pollution.

Politicians should not use children for their own ends, should not use them in elections, nor
should they instigate them for strikes, violence, bandhs, gheraos, vandalism etc. in schools.

(ix) Separate judicial system: There should be a separate judicial system for cases related to
juvenile delinquents. Under such a system –

(a) Separate children’s courts should be established,

(b) speedy trial should be conducted,
(c) There should be a liberal system of bail,
(d) Opportunities for improvement should be provided instead of punishment, and
(e) Proper arrangements should be made for probation, reprimand, parole etc.

(x) Psychological therapy: Psychological treatment should be given to delinquent children.

Such children should be examined by experts in child psychology and psychiatrists and
improvement measures should be suggested for them. By taking such measures, child
criminals can be reformed and child crimes can also be prevented.

Juvenile in need of care and protection: means a child who is found without any
home or settled place and without any ostensible means of substance (who is found begging
or who is street child or working child) and a child who resides with the person and such
person had threatened to kill or injure child and child who is mentally or physically
challenged and no is to look after that child and child who is inducted into drug abuse or
trafficking and exploited for purpose of sexual abuse or illegal acts and who is victim of
armed conflicts and natural calamity.

Detenue: A Detenue is a person detained under the various detention Acts such as the
conservation of foreign exchange and prevention of smuggling activities Act 1974 (Central
Act 52 of 1974), Prevention of illicit traffic in Narcotic drugs and Psychotropic Substances
Act 1988, The National Security Act, 1980, Tamil Nadu prevention of Dangerous Activities

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of Bootleggers, Drug offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Act,
1982 (Tamil Nadu Act 14 of 1982).

Under trials: Under trials are those inmates in the prisons and custodies whose cases
are not decided or no sentence has been awarded to them. Difficulty in obtaining bails or
providing bond or security also prolongs their stay in the prisons. These are the difficulties of
under trial prisoners. The provisions of Sec. 167 of Criminal Procedure Code, 1973 restrict the
time limit for completion of police investigation. It is termed to be unconstitutional to restrict
someone's freedom and a 'speedy trial' should be a constitutional right of any person. The
stigma on an innocent person of being guilty or a suspect can have adverse effects on his
psychological, social and professional life as well. This was very well enunciated in the case
of Hussainara Khatoon Vs. Home Secretary State of Bihar (1990 (2) C.L.R. 22), followed by
release of 18,000 under trial prisoners in 1981 in the State of Bihar.

The under trial population should be reduced to solve the overcrowding problem. To achieve
the said target, there is a need for speedy trials, effective and efficient police force, regulation
formulated for the defense lawyers who seek adjournments for trivial reasons. Fast track
courts have helped to an extent, but have not made a significant difference. Increasing the
number of courts cannot bring about a desired difference as long as the current 'adjournment
culture' continues.

Jail Manual: A jail manual is a document explicitly enumerating the restrictions laid down on
the prisoners and the terms of communication between the prisoners and the society outside.
The Manual acts as guidelines for the officers, conferring rights upon them complemented
with responsibilities and duties so as to ensure that there is no violation of basic fundamental
rights of the inmates.

Under the supervision of Union Home Ministry, the All-India Prison Manual Committee is
entrusted with the task of formulating a Model Jail Manual. The said Jail Manual shall aim at
bringing about uniformity in the treatment of prisoners all over the country. Union Home
ministry – All India Prison Manual committee – ensured the task of formulating a Model Jail
Manual.

The committee shall study and analyze all the rules, regulations with regard to organizational
structure, living conditions of prisoners, remission of sentences, open institutions and young
offenders, prison discipline, women prisoners and visitors and, finally, correctional
programmes. After studying all these phases, the committee shall devise recommendations for
a better, economic and efficient administration.

In the case of Rama Murthy vs. State of Karnataka, (1997 2 SCC 642), the Supreme Court
pointed to the need for a fresh look at the Indian Prisons Act and stressed on the need for an
All India Jail Manual to serve as a model for the entire country. In India, it is opined that
Tihar Central Jail shall benefit the most out of this Model Jail Manual. It is the largest prison
complex in South-East Asia, housing over 10,000 inmates.

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The state Prison Manuals have entrusted District and Sessions Judges with the duty to
function as ex-officio visitors to jail within their jurisdiction to supervise and ascertain that the
prison inmates are given appropriate minimum standards of health, hygiene and institutional
treatment. The Supreme Court has directed the Sessions and the Districts judges to make
expeditious enquiries into the grievances of the prisoners and ensure remedial measures to
redress those grievances. However, one should not presume that improving prison conditions
does not mean that prison life should be made soft; it means that it should be made humane
and sensible.

Powers of Prison Officials: Section 38 of the Delhi Jail Manual specifically grants the Jail
Superintendent the power to deal with prison offences or other offences under the Indian
Penal Code himself/herself, or to move a Magistrate Court.

Powers and Duties of Prison Officials

(1) INSPECTOR GENERAL OF PRISONS

1. Control of Expenditure: The Inspector General is in charge of the budgets and allocation of
funds. He exercises full control over all expenditure in jails and submits the accounts annually
to the Government. A budget of the required funds for the maintenance of prisons is submitted
as may be required.

2. Financial Powers: The Inspector General is empowered to sanction all working expenses
within the limit of the budget and to regulate all contingent charges without having to refer to
superior authority.

3. Power to sanction temporary appointments, transfer and punishment: Inspector General has
authority to sanction temporary appointment of Jailor and subordinate Jail Officials in the
Prison Department Inspector General may transfer or punish or terminate Jailor and
subordinate Jail Officials except Jail Superintendent and Medical Officer.

4. Power to order transfer of prisoners: The Inspector General has the power to order the
transfer of prisoners from one jail to another within the State. He is also authorized without
reference to the State Government to sanction the removal of prisoners from the permanent
buildings of any jail into temporary quarters during epidemics.

5. Powers as a Magistrate: He is vested with the powers of a Magistrate of the 1st class within
the limits of every prison in his jurisdiction 6. Supervisory power: He shall have the power to
inspect every Jail a District headquarters at least once a year and of every sub jail at sub-
divisional headquarters at least one in two years.

(II) DEPUTY INSPECTOR GENERAL OF PRISONS: Dy. IG Prisons is the Inspector

General's immediate under Officer whose duty is to remain in charge whenever the I.G. is
absent and to undertake portions of the I.G.'s duty as may be delegated to him under proper
authority. He shall inspect any Jails within the state on behalf of the I.G
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(III) ASST. INSPECTOR GENERAL OF PRISONS: AIG Prisons is the Dy. I.G's immediate
under Officer whose duty is to discharge the functions of a D.I.G. in his superior's absence.
The Asst. I.G. shall possess all the powers similar to that of D.I.G, when the Dy. I.G. is away
from his office.

(IV) JAIL SUPERINTENDENT: The Jail Superintendent shall manage the prison in all matters
relating to discipline, Labour, expenditure, punishment and control, subject to the orders of
the Inspector General of Prisons. The Jail Superintendent shall abide by the orders of a
District Magistrate in respect of prison management.

The Prisons Act, 1894 (Act IX Of 1894) further enumerate the powers of the prison officers as
following:

Sec. 43 grants the Power to arrest under section 42 any person, in the presence of any proof a
prison, committing any offence and refusing to state his name and residence, or giving a name
or residence which the officer knows, or has reason to believe to be false.

Sec. 52 specifies the procedure on committal of heinous offence. If any prisoner is guilty of
any offence against prison-discipline, the Superintendent may forward the matter to the Court
of the District Magistrate or of any Magistrate of the first class and upon conviction may
sentence him to imprisonment which may extend to one year, such term to be in addition to
any term for which such prisoner was undergoing imprisonment when he committed such
offence. The State government can appoint any officer under Sec. 62 who can exercise the
powers and duties conferred upon a Superintendent or a Medical Officer, when such officer is
away from the office.

Note on Jail/Prison Reforms of India? Prison reform stands as a pivotal

subject in today's world, addressing the essential need to revamp correctional facilities and
systems for better rehabilitation, humane treatment, and effective crime prevention. Prison
reform is an imperative societal endeavor aiming to transform penitentiaries from punitive
centers to rehabilitation hubs. The conventional approach of confining inmates with punitive
intent has given way to a more holistic vision of reforming offenders and reintegrating them
into society as responsible citizens. This evolution emphasizes rehabilitation, addressing root
causes of criminal behavior, and fostering productive skills among inmates.

Prison administration in India is a state subject, under the authority of state governments.
While states bear the responsibility of managing and governing prisons, the Ministry of Home
Affairs offers advisory and oversight roles. The prison system is an integral component of the
criminal justice system, contributing to the broader goal of maintaining law and order. Prison
reforms in India are crucial to creating a just, humane, and rehabilitative correctional system
that respects the rights and dignity of inmates while striving to reduce crime rates.

Here's an overview of the ongoing efforts and key aspects of prison reforms in the country:
All India Committee on Prison Reforms (Mulla Committee)

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  The Mulla Committee recommended improvements in prison infrastructure,
accommodation, and resources for inmates.
 It proposed creating an Indian Prisons and Correctional Service to ensure uniformity in
prison staff hiring.
 The committee highlighted the importance of public and media visits to prisons to
ensure transparency and accountability.

Recommendations of Law Commission of India (268th Report)

 The Law Commission suggested releasing prisoners after serving one-third of their
sentence for crimes with a maximum of seven years' imprisonment.
 The commission emphasized the need to reduce the burden of under trial prisoners
through expedited trials and liberalizing bail provisions.

Justice Amitava Roy Committee

 Established by the Supreme Court, this committee focuses on prison reforms and
reducing prison overcrowding.
 It proposed the creation of special fast-track courts to address minor offences that have
been pending for over five years.

The Krishna Iyer Committee

 This committee, focusing on women prisoners, recommended increased representation

of women in the police force.
 It highlighted the need for better facilities and support for women and child criminals
within the prison system.

Challenges Within the Indian Prison System

 Overcrowding: Many Indian prisons suffer from overcrowding, straining resources

and impeding effective rehabilitation.
 Under-trials: The excessive number of under-trial prisoners leads to delays in trials
and unjust incarceration.
 Pendency of Cases: The staggering backlog of cases in Indian courts hampers timely
justice delivery.
 Shortage of Staff: Understaffed prisons struggle with maintaining security,
supervision, and inmate well-being.
 Condition of Women Prisoners: Female prisoners face unique challenges, from
hygiene issues to instances of custodial abuse.

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  Instances of Torture and Abuse: Some prisoners face physical and psychological
abuse, compromising human rights.
 Infectious Diseases: Overcrowding contributes to the spread of infectious diseases
among inmates.
 Obsolete Laws: The colonial-era legal framework governing prisons raises questions
about relevance in contemporary times.
 Human Rights Concerns: Reports of human rights violations, including instances of
custodial torture and abuse, highlight the need for enhanced oversight and
accountability within the Indian prison system.

Conclusion: Prison reform occupies a critical role in the pursuit of a just and humane society.
While committees and initiatives have provided recommendations, the implementation of
comprehensive reforms remains a challenge. Acknowledging the potential of prisoners for
rehabilitation and reintegration is pivotal for a successful reform endeavor. Structural changes,
revisiting outdated laws, and fostering collaboration between governmental bodies are
essential steps toward achieving effective and sustainable prison reform. The transformation
of correctional facilities from breeding grounds for criminal behavior to centers of redemption
is a collective responsibility that society must embrace to foster positive change.

Prison Labour: With the increasing crime rate, the jails are overcrowded. To provide basic
necessities like food, clothing and shelter and medicine to such unproductive people at the
cost of the tax-payers was found to be unjustified. The concept of prison labour has the
following advantages:

1. Proper training is given to the prisoner on the basis of their inclination and their past
experiences.

2. The financial burden in supporting the prisoners is reduced considerably.

3. The Prisoners are taught some skilled works so that they attain self- sufficiency and learn to
live with dignity.

4. The Prisoners are reformed and a virtue of self-confidence is generated in them to face the
outside world.

5. Value of hard work and toiling is inculcated in the hardened and ruthless criminals who
have been awarded rigorous imprisonment and are not habituated to work.

6. This helps to maintain discipline and self-respect among prisoners.

There are contradictory views with regard to employment and payment of wages to the
prisoners. It was viewed that Prisoners should be punished and not awarded with wages.
Furthermore, if prisoners turned out to be very skilled, they might pose a threat to the private
industry negating its purpose of punishing them.
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 Objective of PUNISHMENT? Crimes are generally controlled by
awarding punishment through judicial machinery. The punishment instils fear in the minds of
the criminal and they are prevented from committing further crimes and it also creates a
deterrent effect on the mind of a potential offender. It is found that an offender fears
imprisonment, fines and even capital punishment in certain cases. When a person fears any
such punishment, he is bound to be averse to the idea of committing crimes. Certain social
criminals can be put out of action when their authority to transact such activities is cancelled
or suspended. For instance, a manufacturer who disposes toxic elements in the open can be
controlled by suspending his manufacturing licenses.

H. L. A. Heart with Mr. Bean and Prof Flew has defined punishment in terms of five
elements:

 It must involve pain or other consequences normally considered unpleasant.

 It must be for an offence against legal rules
 It must be to an actual or supposed offender for his offence.
 It must be intentional, administered by human beings other than the offender.
 It must be imposed and administered by an authority constituted by a legal system
against which the offence is committed.

According to Greenhut, there, three components must convince the offender that

 crime does not pay;

 after punishment, the offender must have a fair chance of a fresh start.
 the state which claims the right of punishment must uphold superior values which the
(offender) can reasonably be expected to acknowledge.

It is believed that the chief purpose of punishment should be reformation and deterrence.
The punishment should be awarded keeping in the mind the culpability of accused. The
offenders should be punished in such way that becomes the cause of reformation for him and
deterrence for others.

Objectives of Punishment in Short:

1. To protect society from mischievous elements by deterring potential offenders.

2. To prevent actual offenders from committing further offences.
3. To eradicate evils and reform criminals and turn them into law-abiding citizens.
4. To administrate justice partly by inflicting pain to deter criminals and others from
indulging in crime and partly by reforming criminals.
5. To maintain rules and regulations for a crime-free country.

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Theories of Punishment:

 Specific deterrence prevents crime by frightening an individual defendant with

punishment. General deterrence prevents crime by frightening the public with the
punishment of an individual defendant.
 Incapacitation prevents crime by removing a defendant from society.
 Rehabilitation prevents crime by altering a defendant’s behavior.
 Retribution prevents crime by giving victims or society a feeling of avengement.
 Restitution prevents crime by punishing the defendant financially.

However, how far is the punishment successful in preventing the criminal or deterring the
potential criminal is a question of research. No definite conclusion so far has been reached in
this connection. The human rights movements claim that the severe punishment (such as death
penalty) has no role in controlling the crime.

Note on VICTIMOLOGY?

Victimology may be defined as the scientific study of victimization, including the

relationships between victims and offenders, the interactions between the victims and the
criminal justice system; that is, the police and courts, and correctional officials. It also
includes connections between victims and other social groups and institutions, such as the
media, businesses and social movements

Schafer has defined victimology as "the science which studies criminal- victim relationship".
In fact, victimology, a science barely exploited, has wider horizons, if thoroughly explored.
The study tries to probe into the traits of both, the offenders and the victims and seeks to bring
some sort of mediation between them.

The main purpose of victimology is to get a more well-rounded view of what it means to be
the victim of a crime. To study victimology means to understand the victims of differing types
of crimes and to understand the types of offenders who perpetrate the crimes. The purpose of
the study of victimology is:

 to enhance our understanding regarding victims and impact of crime on them.

 To analyse the magnitude of the victim’s problem
 To explain causes of victimization, and
 To develop a system of measures to reduce victimization.

Key Aspects of Victimology

Understanding Victimology: Victimology is an interdisciplinary field that draws from various

disciplines, including psychology, sociology, criminology, and law. It seeks to understand the

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dynamics of victimization, the factors that make individuals more vulnerable to crime, and the
consequences of victimization.

Types of Victims: Victimology examines different types of victims, such as direct victims
who experience a crime firsthand, secondary victims who are affected indirectly (e.g., family
members of crime victims), and even tertiary victims who may be impacted by the
consequences of a crime (e.g., communities affected by high crime rates).

Victim-Offender Relationship: Researchers in victimology explore the relationships between

victims and offenders, including patterns of victim-offender interaction, the role of
acquaintanceship or stranger victimization, and how these relationships influence the victim’s
experience.

Victim Characteristics: Victimologists study various victim characteristics, including age,

gender, race, socioeconomic status, and lifestyle factors, to better understand why certain
individuals or groups may be more vulnerable to victimization.

Victim Impact: One of the central concerns of victimology is assessing the physical,
emotional, and financial impact of victimization on individuals and their families. This
includes understanding the trauma, fear, and psychological consequences that victims may
experience.

Victim Services and Support: Victimology plays a role in advocating for victim rights and the
development of support services, such as victim compensation programs, counseling, and
legal advocacy, to help victims cope with the aftermath of crime.

Restorative Justice: Victimology also explores restorative justice principles, which aim to
involve victims in the criminal justice process, promote healing and reconciliation, and hold
offenders accountable for their actions.

Public Policy and Advocacy: Victimologists often engage in research and advocacy to
influence public policy related to victim rights, crime prevention, and the criminal justice
system’s response to victims.

Demographic characteristics of the victims: A thorough probe into the factors will show the
manner in which the victims subject themselves directly or indirectly towards contribution in
offence and crime. The following cases should elaborate the statement:

Trusting strangers: Over sensitive, gullible and emotional people, especially who are
lonesome, easily befriend and trust total strangers, making themselves easy targets. Adi
Kurshetji, a foster parent was murdered by his adopted daughter. This tragedy could have
been averted, had the parent not disclosed the contents of his will to the beneficiary. Geeta
Soni, the adopted daughter murdered him when she learnt that Kursetji desired to remove her
name from the will. If trusting strangers may be fatal, over trusting known ones may be
equally dangerous. People give away their hard earned money to an acquaintance only against
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verbal assurance, without any documentary proofs and subsequently fall prey to the scheming
criminals.

avarice: People get easily carried away by the schemes where their money is doubled in
considerably a very short period, sometimes overnight, without having to work. They make a
conman's job easy. It is their own avarice they are falling victims to. Same is the fate of the
people, who, overawed by the so called spiritual guides, shower them with not only praise but
with their valuable belongings, encouraging them to go on with their plans to cheat people.

Superstition: Instigated and misguided by the so called Sages, even the innocent people
sacrifice human beings, sometimes their own children, to thwart evil effects or to locate
hidden treasures.

Irrational attitude or mob psyche: At a spur of a moment, the mobs are known to take law in
their own hands. Finding the judicial process lengthy and burdensome, the mobs prefer to
inflict punishment by themselves on the offender. For instance, the massacre of the suspected
thieves by the mob in Uttar Pradesh and Bihar right in the court compounds.

Extreme ideologies: This category includes the persons with misconceived ideologies. When
a person finds his ideology being rejected and attacked, having failed in convincing the others,
decides his fate and commits a crime against himself under the influence of such ideology.
Here the victim himself becomes an offender. Pravin Joshi, who was protesting against
screening of the film 'Fanaa', immolated himself in a theatre in Rajkot. The victim stated that
such immolations would continue unless the film actor appearing in the said film apologized
before citizens of Gujarat for his comments in connection with Narmada Project.

With terrorism on the rise, the cases of suicide bombers are increasing by the day. Under the
influence of fanatic ideologies, they do not hesitate to die to make an impact on the world.
This is evident from tragic cases like World Trade Centre being blown up on 9 th September
2001, or assassination of Late Prime Minister Rajiv Gandhi by suicide bomber Thenmuli
Rajaratnam alias Dhanu of Liberation Tigers of Tamil Eelam (LTTE) at Siriperumbudur near
Chennai. Such offenders are considered victims as well.

Family problems: Several cases are registered in India, where the head of family, on failing to
pay the debts, induces his family members to commit suicide with him and the family
members succumb to this state of despair.

Charismatic personality: Victims generally fall prey to the criminals having impeccable
demeanour, lavish lifestyle and having prowess over several languages. Such criminals have
an infallible insight to judge the weakness of their victims. For instance, Charles Shobraj, the
infamous convict who was imprisoned in Tihar jail was found guilty of several crimes. At
present, he is convicted for a murder and is in Nepal Jail. Several films, documentaries and
movies based on his life have been made. The modus operandi of Charles Shobraj was quite
different and tricky. He generally chose very vulnerable and gullible people to cheat. He was

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also held in several forgeries, drug-related cases and even robberies. Such notorious criminals
are always in limelight and are successful in creating a curiosity and awe in the minds of the
common men.

Socio-Legal Issues: Women have been victims of customs in some societies, where giving
birth to a son is a prerequisite expected of a woman. Failure to have a son results in divorce or
ill-treatment by husband and in-laws in the house. Women are the silent sufferers at the hands
of such customs.

Psychological problems: As per the studies conducted by Australian Institute of Criminology,

people with intellectual disability are three times more likely to be victims of physical, sexual
assault and robbery than those without the disability.

Stockholm syndrome defines the mental condition of a victim, where the victim starts
identifying with the offender and is also compassionate towards him. It was observed for the
first time, when a woman employee hostage held in a Bank was physically attracted towards
her captor. Such motivation was not due to fear or coercion, but a result of intimacy that
developed from sharing a common situation of mutual crisis and the protracted dependence of
the woman captive on her captor. Similar situation was found in Patricia Hearst's case, who
not only fell in love with one of her captors but also provided the gang with covering gunfire
when they were about to be seized for shoplifting. These factors were probably exacerbated
by her age and lack of experience.

Even kleptomania makes an offender an indirect victim. Such people commit thefts without
realizing the gravity of their act. However, the investigating officers have to be careful to
study whether the offender is feigning such ailment or is really suffering from the same.

Age Factors: Studies reflect that elderly people are subject to more physical abuse and
domestic violence. Such victims do not raise their voice for the fear of removal from home
and institutionalization since they are dependent upon the abuser for survival. There are
several factors that have come to light. In some cases, the victims blame themselves and feel
that they deserve abusive treatment from the abuser. Sometimes, the victims are also uncertain
as to whom to report the abuse to. The study conducted by Powell and Berg (1987) claimed
that in four-fifths of their cases, abuse was reported by someone other than the victim; a
neighbor, an onlooker or a passerby. When the problem is faced by the public at large, Public
Interest Litigation becomes a necessity.

Uncivil habits: Bad habits such as spitting on the roads or creating pollution are the crimes
committed by the citizens and they themselves are the victim of the same. This gives rise to
health problems among themselves. For instance, a man who uses kerosene to fuel the car is
an offender who finally would be a victim of the pollution at a later stage of life. The uncivil
habits may lead the offenders to crucial ends. For example, penalty and imprisonment for the
tax evaders and death for the ones crossing the railway tracks.

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Ambition: Victimization is seen at the workplace also. The employees to secure promotions
and better remuneration do not complain about being victimized. The employers aware of this
fact do not hesitate to exploit their staff. At times, complaining about the employer might be
considered as insubordination which prevents the employee from complaining and compels
him to remain victimized. A strict procedure to deal with the problem of victimization was
described in the case of Vishaka & ors v. State of Rajasthan, (JT 1997(7) SC 384). If the
victim overcomes the fear and also the temptation for remuneration and promotion, his
victimization can be put to end. The pleas of such victimized women are given due attention
as observed in the case of Apparel Export Promotion Council V. A.K. Chopra (AIR 1999 SC
625), where the High Court had supported the claim of a woman employee of being
victimized at her workplace.

Schultz has pinpointed four methods explaining how a victim contributes to the offence:

1. By provocation or initiation of a hostile action: During an argument, the victim may

challenge the manhood or masculinity of the other person. To prove the to-be victim wrong,
the person might attack him.

2. By indirect invitation: Flaunting wealth in public or being clad in provocative clothes,

inviting eve-teasing or physical assault.

3. By omission of normal preventive measures: Negligence on the part of the victim. For
example, using lonely parks or strolling at late hours, where mugging becomes easier for the
criminals.

4. By unconsciously inviting the offence: Victims, through emotional pathology portray

themselves as being very weak and may seek support from outside the family. This is most
frequently observed when victims have faced divorce, a dear one's death or financial crises.
The offenders lend their shoulders to such prospective victim who already is suffering from
some emotional ailment. This makes him quite a tempting target for the offender.

Compensation to the victims: An unbiased judiciary, fair trial and finally punishing the
offender cannot always result in being completely compensatory to the victim. In certain
cases, the family that has lost someone who might have been the only earning member may
not feel compensated even if the offender is punished by death sentence, because his death
would not result in any financial aid to the victim's family.

Financial retribution has its own drawbacks whereby the rich ones can save their skin by
paying a paltry sum and assume that the path of judiciary can be twisted just by throwing
away some money. The rich ones would go scot-free. There are some cases where the
offender may not have enough sources to compensate the victim and/or his family.

Similarly, the crime is not mitigated if the victim is negligent. Howsoever, the compensation
might vary with the extent of victim's fault. For instance, in case of Fagu Moharana vs. State

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(AIR 1961 Ori 71), though the lady by exhibiting her body was found provocative to others
who outraged her modesty, the liability for the offence was not mitigated.

Schafer has propounded three systems of compensating the victims:

1. Damage: awarded in civil proceedings only.

2. Restitution: awarded both in civil and criminal proceedings.

3. Compensation: awarded through special procedure in civil and criminal proceedings.

It is a worldwide acknowledged tenet that the victim is always apprehensive in reporting the
crime. The victims always feel abused, humiliated and ignored when they present their woes
before the court. The victim is always in a dilemma while approaching the police, because the
environment at the police station is seldom friendly, amicable or comfortable and the police
authorities first try to examine the victim instead of offender. The victim himself might get a
feeling of being a criminal when he is being investigated by the police. Normally, it is
observed that courts are interested in the trial and punishment of the offender rather than
helping the victim in overcoming the aftermaths of the crime. There are cases where the
victims are not treated with seriousness by their family members, guardians and even the
judicial officers. The justice is not delivered to the victims promptly, discouraging them to
approach judiciary for any remedy. This is normally seen in ragging cases where the
educational institutions have not taken much serious steps to deal with vandalism, as in the
case of Indu Anto, a girl from a well-known educational institution, who committed suicide
by jumping from the terrace of the hostel, due to harassment and ragging from her colleagues.

The Supreme Court proclaimed in Hari Kishan and State of Haryana vs. Sukhbir Singh and
Ors AIR 1988 SC 2127., that the lower courts should sanction compensation as per Sec. 357
Code of Criminal Procedure, 1973 to achieve the goal of social justice. Such a power should
not be made ancillary but should be in addition to the sentence.

The quantum of compensation should be reasonable and the Court should take into account
the circumstances and the ability of the offender to pay. A reasonable period should be
granted for the payment of the compensation. In case of Nand Ballabh Pant vs. State (Union
Territory of Delhi) (AIR 1977 SC 892) the Appellant's sentence was reduced from that of two
months to one month's rigorous imprisonment. However, his fine was enhanced to ₹1000/-
from 500/-, The said sum was to be paid to the wife of the deceased as compensation.

Indeterminate sentence: Indeterminate sentence is awarded by the Court wherein the

question of the period of imprisonment is decided by the executing authorities. The said
authority exercises the power to decide the term of imprisonment. In simple words
indeterminate sentence, in law, is term of imprisonment with no definite duration within a
prescribed maximum.

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Eligibility for parole is determined by the parole authority. In this respect, an indeterminate
sentence differs from a definite one in that statutes prescribing the latter usually provide for
parole eligibility after a specified fraction of the full term—in most countries, from one-half to
two-thirds of the original sentence.

Indeterminate sentences were pioneered in the reformatory movement of the last quarter of the
19th century. Release was determined by progress made under the program of training rather
than by a judicially established sentence. In current practice, release on parole from an
indeterminate sentence is initiated by the recommendation of prison staff personnel, field
parole officers, and the parole authorities. Evaluation of the offender’s conduct in prison, the
nature of his offense, his life history, his prospects in the community, his general personality,
and his attitude determine his suitability for parole.

Note on Parole? Parole: The system of parole was advocated so that it

acted as an incentive to the prisoner to lead a crime-free life. Parole and open prisons are
two methods that help prisoners emancipate themselves by occupying in constructive work
and finally resettle in the society.

Definition of Parole: As defined by J. L. Gillin, parole is the release of an offender from a

penal or reformative institution and who still remains under the control of correctional
authorities, in an attempt to find out whether he is fit to live in the free society without
supervision.

Dr. Sutherland considers parole as the liberation of an inmate from prison or correctional
institution on condition that his original penalty shall revive if those conditions of liberation
are violated.

Donald Taft defined parole as "a release from prison after part of the sentence has been
served, the prisoner is still remaining in custody and under stated conditions until discharged
and is liable to return to the institution for violation of any of these conditions".

In short, parole is a kind of conditional release of an offender from the penal institution and
the offender gets an opportunity to search a place where he is fit to live in future.

the primary aim of parole is to induce a humanitarian approach to the prison system. It allows
the prisoner to be released into the outside world for a short period which in turn facilitates
their evolution into a useful citizen. It is essential to note that parole is a gracious act and be
treated as a right. Parole can also be termed as an essential reformative process for the
prisoners which is crucial as they still are very much part of society. As per the current
system, every sentence above eighteen months is eligible for parole post completion of one-
third of the prison time.

Grounds for Parole: The maximum period allowed for parole is one month and the prisoner
has to fulfill the condition of the minimum prison time to be served, to be applicable for
parole. Some of the grounds on which parole is approved are: -
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  Serious illness of a close family member.
 Death of a family member.
 An accident of a family member.
 The marriage of a family member.
 Delivery of a child by the prisoner's wife.
 Serious damage to the life or property of a family member due to natural calamity.
It is important to note that a certain category of prisoners is exempted from the privilege of
parole such as prisoners convicted for terrorism, multiple murders, and are a threat to national
security, etc.

Merits : As established in the cases of Budhi v. State of Rajasthan (2005) and Charanjit Lal
v. State (1985), the provision of parole has certain objectives and purposes. The following are
the merits or purposes of provision of parole, as per the decisions:

1. It enables prisoners to stay in touch with their families and community.

2. It helps them to be involved in important matters pertaining to their families, and also
solve their personal problems.
3. It gives them a short period of relief from the ill effects of being in prison.
4. It achieves the purpose of rehabilitation and reformation of the prisoner.
5. It encourages prisoners to maintain good conduct in prison.

demerits of the provision of parole:

1. Good conduct during imprisonment is not a guarantee for good conduct after release.
2. The chances of political interference are very high. Privileged prisoners with political
connections have it easier to receive parole.

The idea of parole, as established in the case of Budhi v. State of Rajasthan (2005), serves
three purposes:

1. As a motivator for prison inmates to change their ways.

2. Ensure that the prisoners’ family relationships are as intact as possible, as they may be
prone to fracture as a result of the prisoner’s protracted confinement.
3. Assist the offenders in gradually assimilating into society and adapting to its folds.

The following was stated in the landmark case of Charanjit Lal vs. State of Delhi 28 (1985):

1. Deterrence, prevention, retribution, and reformation are the four basic goals that a state
hopes to achieve by punishing an offender.

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 2. Life offenders should be considered for periodic release from prison, and opportunities
should be provided for them to not only handle their personal and family problems but
also to retain their ties to society.
3. They must be allowed to breathe fresh air for at least a short period of time, provided
that they maintain good behaviour throughout their confinement and show a want to
mend and become good citizens.
4. While they are serving a sentence in jail, the redemption and rehabilitation of such
inmates for the good of society must be given fair consideration.

Note on Probation? Probation in criminal law is a period of supervision

over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the
term probation applies only to community sentences (alternatives to incarceration), such as
suspended sentences. In others, probation also includes supervision of those conditionally
released from prison on parole.

An offender on probation is ordered to follow certain conditions set forth by the court, often
under the supervision of a probation officer. During the period of probation, an offender faces
the threat of being incarcerated if found breaking the rules set by the court or probation
officer.

In short Probation is a period of time during which a person who has committed a crime has to
obey the law and be supervised by a probation officer, rather than being sent to prison.

The object is to reform and reintegrate offenders without submitting them to the stigma of
prison life. It is applicable against those offenders who are redeemable such as young
offenders and first-time offenders where criminal tendencies are not deep-rooted. Section 360
is intended to be used to prevent young persons from being committed to jail, where they may
associate with hardened criminals, who may lead them further along the path of crime, and to
help even men of more mature years who for the first time may have committed crimes
through ignorance, or inadvertence or the bad influence of others and who, but for such
lapses, might be expected to be good citizens. It is not intended that this section should be
applied to experienced men of the world who deliberately flout the law and commit offences.

In Jugal Kishore Prasad v. State of Bihar, the Supreme Court explained the rationale of the
provision:

“The object of the provision is to prevent the conversion of youthful offenders into obdurate
criminals as a result of their association with hardened criminals of mature age in case the
youthful offenders are sentenced to undergo imprisonment in jail.”

In the case of Arvind Mohan Sinha vs Mulya Kumar Biswas (1974), the Supreme Court stated
that the Act is a reformative measure and its object is to reclaim amateur offenders who can be
rehabilitated.

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Merits: The following are the merits posed by the method of probation:

1. It helps to prevent first time offenders from being influenced by criminals in prison.
2. It protects and rehabilitates juvenile offenders.
3. It helps in preventing prisons from being over-crowded.
4. It provides an offender with a second-chance to function normally in society.

Demerits of the system of probation:

1. It permits offenders to free themselves from legal consequences.

2. It sends a bad message to people intending to commit crimes that they can walk out
free.

Distinction between probation and parole?

1. Probation is granted to offenders who are released into the community under supervision,
instead of being imprisoned. But parole is a temporary release for prisoners and comes
with conditions to be followed by the prisoner during that period.

2. In India, probation is governed by the Code of Criminal Procedure and the Probation of
Offenders Act. But we cannot find a uniform and concrete set of rules and regulations for
parole. Though it is recognized under the Prisons Act and Prisoners Act, the state
governments are authorized to issue their own parole guidelines, causing variation in
parole guidelines across the nation.

3. Probation refers to the judgement given by the court to convicts. Meanwhile, parole is
just an arrangement of the temporary release of prisoners.

4. Probation is an alternative form of penalty granted instead of imprisonment, but parole is

granted during imprisonment. Parole is not an alternative to imprisonment.

5. Probation is pronounced by the court. Probation is judicial in nature. Parole in India is

usually decided by the Deputy Secretary of the Home Ministry of the State or by the
District Magistrate. Parole is mostly quasi-judicial in nature.

6. Probation is granted before the convict undergoes imprisonment and parole is granted
after the prisoner undergoes a minimum period of imprisonment.

7. Probation is not granted to offenders who have been imprisoned or convicted before.
Parole is granted to offenders undergoing imprisonment.

8. When an offender who has been released on probation, defaults on any conditions of
probation, he is resentenced to prison for a particular period of time. But violating the

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 conditions of parole sends a convict back into prison to resume the imprisonment based
on the original judgment.

9. Probation is the first stage in the correctional system of an offender. But parole is in the
last stage after the offender undergoes a period of punishment.

10. There is less stigma for a person undergoing probation as he is not sentenced to prison.
But when a prisoner is released on parole, he would face discrimination in society.

Parole and indertiminate sentence distinguished

 Parole is closely linked with the system of indeterminate sentence. Indeterminate sentence
carries with it an element of uncertainty about the exact period of sentence which in itself
is a great punishment to the offender;
 While on the other hand, the system of parole serves a kind of pre-intimation to the
parolee that he is nearing his final discharge. Again, in case of indeterminate sentence no
specific period of sentence is ever laid down;
 whereas the convicted prisoner who is released on parole is always initially committed to a
definite term of sentence and while undergoing the punishment, if he is considered fit for
release on parole, he is so released for the remaining portion of his sentence as a parolee.
 It is significant to note that grant of parole is a quasi-judicial function performed by the
Parole-Board. Before allowing a prisoner to be released on parole, the Parole Board has
to ensure that the parolee has a suitable abode to live in and a satisfactory job to do.
 The Parole Officer has also to undertake a pre-parole orientation programme for the
prisoner and make sure that he is well prepared to adjust himself to normal life and at the
same time the conditions outside the institution are conducive to the development of his
personality.

Rights and duties of the Probation officer? Probation officer is a court

official who regularly meets first-time offenders and is sentenced to a supervised probation
time is called a probation officer. They work with first-time offenders and prevent them from
committing new crimes. They are appointed by state government under probation of
offender’s act 1958.

The probation officer is burdened with the duty of supervising the offender and also making
reports of the problems of the probationer and the progress made by him. The probation
officer also has to ensure that the conditions of release either on surety or on bond are not
violated. The probation officer shall always inform the court in case of any violation of the
same.

Duties: Sec. 14 states that the probation officer shall:

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(a) Inquire into the circumstances or home surroundings of any person accused of an offence,
in accordance with any directions of a court, and submit reports with a view to assist the court
in determining the most suitable method of dealing with him;

(b) Supervise probationers and other persons placed under his supervision and wherever
necessary, endeavor to find them suitable employment;

(c) Advise and assist offenders in the payment of compensation of 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 Sec 4; and

(e) Perform such other duties as may be prescribed.

Demerit: The probation officers should be entitled to job security. Such job security would
allow them to act without any fear or favour.

The officer should be entrusted with discretionary powers so that he can take independent
decisions. Again it is essential to understand that the powers should be under control so that
there is no arbitrary decision on his part.

It has been stated time and again in several reports that since they are burdened with several
duties they should be paid remuneration on full time basis.

The officer should have a right to visit the probationer and his relatives at his residence and
work place at reasonable hours for inspection and supervision.

Note on parole Bond? A parole bond is a deposit of money or property

made to the government as surety that a paroled prisoner will not violate the terms of their
release. The prisoner may fund the bond themselves; or they may borrow from friends or
family; or they may obtain the services of a bondsman, in exchange for a fee. Part of the
theory behind it is that those who are asked to put up the money or cosign the loan have an
incentive to verify that the parolee does not represent an unacceptably high risk prior to
helping with their release; and they have an incentive to help them stay out of trouble after
their release. The prisoner has an incentive to be on good behaviour during their incarceration
in order to demonstrate they have reformed and thus would not be at high risk of violating
parole. While on parole, the prisoner has an incentive not to violate the terms, lest the bond be
forfeited, which would likely cause difficulties in obtaining the surety of family, friends, or
bondsmen in the future. Parole bonds are sometimes used as a way of relieving overcrowded
prisons.[1] It is based on the very similar concept of bail bonds; and just as with bail bonds,
some statutes allow the bondsman to get back all or a portion of the bond by surrendering the
prisoner to the authorities. This may require the use of bounty hunters to locate and capture
them. Organizations like the National Association of Bail Insurance Companies and the
American Legislative Exchange Council (ALEC), a national bipartisan group of conservative

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legislators, have pressed the idea that financially secured post-conviction release works far
better than unsecured release

Authority for granting parole: In India, three agencies viz. the Parole Board, the Case
Investigators and the Parole Supervisors are entrusted with respective tasks of completing the
formalities for grant of parole. A prisoner's history is carefully scrutinized before granting
him parole. A Parole Board decides whether a person deserves to be released. After the
scrutiny of his history and his current behavior, the

Process involved in parole system: The basic parole system involves three fundamental
processes, viz. preparation, selection and lastly supervision

Preparation: The prisoner on his entering the prison should be automatically considered to be
under the parole system. Interviews and examinations are conducted where personal answers
and queries are systematically recorded and several reports from the physician, director of
prison industry, educational director and other staff members are compiled in the prisoner's
personal file. These personnel are required to be trained properly for smooth functioning and
success of this system.

Parole Selection: Certain yardsticks have to be adopted before selecting the parolee, otherwise
the process would result in the mockery and miscarriage of the justice as in the case of Biti
Mohanty, a rape convict and the son of DGP B. B. Mohanty, who jumped parole. The
implementation of the following norms should ensure the success of all the factors of the
process:

1. Careful selection and scrutiny of the prisoners. Only those inmates should be selected who
have promising personality and reflect that they shall not become victims of recidivism.
2. Placement in proper surroundings. For example, an unemployed parolee should be ensured
of an honorable employment on his release
3. Careful follow-up with co-operation from the parolee is essential.
4. The Parole Board should comprise intelligent people who are not personally affected by the
outcome of the parole system. Political appointees should be avoided on the Board. The
Parole Board should be held responsible for the parolee.
5. The Parole officers should be appropriately trained.
6. Discharge of the parolees should be entirely in the hands of the Parole Board.

Supervision of parolees: Supervision of the parolee is extremely essential to ensure not only
the rehabilitation of the parolee but also the safety and security of the society. Supervision
helps to gauge the effectiveness of the judiciary. However, supervision should not make the
parole feel distrusted or humiliated. A constantly prying surveillance would never allow the
parolee to become a confidante or get friendly with the police officer. In the absence of a
friendly environment, the parole system would lose its effectiveness.

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David Dressler described four techniques for conducting supervision of the parolees as under:

Manipulative technique: By implementing this technique, positive changes are sought to be

brought in the family and peer groups, co-employees, employers and social sphere. The
officer tries to keep the parolee away from deviant factors.

Guidance technique: Psychological methods are effective wherein the parolees can be given
advice and encouragement to become self-reliant. The parolee's personality traits and
behaviour are studied before allocating any task to him. However, such parole officers need
not have any professional or counseling skills to guide the parolees. The parolees are
encouraged to take up community services like teaching or to serve the sick and poor people
in the government hospitals. Such after-care programs can serve useful purposes.

Executive technique: In this technique, the parole officer would direct the parolee to certain
welfare and community centres (public or private). Such institutions would employ the
parolee in their services. The parolee can also earn wages for such work.

Counselling technique: When serious and chronic personality problems are discovered in a
prisoner, the probation and the parole officers have to resort to either some external help or to
some special counselling. Such psychiatric help might be essential to remedy the problem and
help the prisoner overcome the same and make the task of supervision easy.

Generally, the Parole system is classified into four types which are implemented, practically
in all the countries, though the tenure of parole may vary from country to country.

Temporary Absence: This kind of parole is normally granted for medical reasons or for
discharging social obligations such as marriages, funerals etc. They are sanctioned by the Jail
Warden. Such temporary releases allow the parolee an opportunity to rekindle the desire to be
an integral part of the free and law abiding society. Parolees serving less than 5 years'
sentence aregranted leave up to 48 hours per month.

Day Parole: Day parole is on daily basis that allows the parolee to participate in the
educational and training programmes, forestry and harvesting services. Such parole may be
granted for a maximum period of 12 months at a stretch and the parolee has to return to the
institution every night.

Full day Parole: After serving as little as one-third of their sentence, offenders may become
eligible for a full day parole. The offenders, even the lifers, are subjected to supervision if
granted full day parole.

Mandatory Supervision: To encourage the offenders to exhibit good behavior, a remission of

one day can be granted for every two days served. Remission time may be lost for
unacceptable behavior while in prison. Offenders are entitled to be released on mandatory
supervision without going through the normal parole process when their earned remission
time is equal to the balance of their outstanding sentence.
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Define Recidivist: Recidivist is a person who falls back into his prior criminal habits and is
generally perceived as a habitual offender.

Note on RECIDIVISM: The National Crime Records Bureau has defined recidivism
as the habit of relapsing into crime by the criminals. In the cities of Jabalpur, Delhi,
Hyderabad, Bhopal and Chennai, Police had a large number of 'Habitual Offenders' (convicted
thrice or more in the past) to handle. Recidivism is a more serious crime with reference to the
white collar criminals who would readily jeopardize their prestige and status to satisfy their
avarice. Tax evaders, who when found guilty readily pay the fine but continue to evade taxes.
No reformation or after care programs can have an effect on them. Its is suggested that they
should be severely punished by the judicial courts.

Dr. Sutherland studied that men who are of more dominating nature are more likely to exhibit
recidivistic characteristics than women. He has also pinpointed two major factor for
recidivism viz.:

1. Social psychology of such offenders; and

2. Inadequacy of reformative techniques.

Even certain physical and psychological factors contribute to recidivism. The released
offender would always feel that the society does not trust him and is looked upon with
distrust. Such suspicion on the part of the offender would never allow him to reform. It is
found that recidivists who are alcoholics and drug addicts are comparatively more difficult
cases. Poverty, financial crunch or the failure to satisfy their addiction may tempt them into
committing crimes. In India, normally the recidivists are eventually corrected. However, there
is also a need to bring a positive change in their environment and surroundings that influence
such habits.

As per the findings of Prof. Paranjape, recidivists are seen to be lacking the following four
elements that are generally found in the law abiding citizens:

(a) Lack of attachment to family and the community;

(b) Want of sense of responsibility and commitments;

(c) Disregard for morality and social values; and

(d) Absence of beliefs that forbid delinquency.

Generally, women involved in prostitution are found to be more recidivistic while men who
are found guilty of drug peddling, car thefts, fraudulent acts etc. are more likely to repeat their
offences. It is normally seen that cases of rape, embezzlement and assaults are not so readily
repeated by the offender unless he is suffering from psychological problem.

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It is also pertinent to observe that the recidivism programs generally fail because of the
neighborhood and the environment in which the offender is sought to be reformed.

Prevention-Recidivism can only be stopped if after the release of a prisoner adequate after
care treatment is provided to him. Secondly recidivist offenders should be kept under 24/7
surveillance so that the society is fully protected & lastly they should be provided
education so that after getting released they find a way to earn their livelihood.

Roshia Bob suggested that recidivists can be reformed and rehabilitated by nurturing them
with care, affection, security and self-consciousness that may encourage them to disassociate
themselves from the criminal world and reintegrate with the mainstream of the society.

Crimes are not committed in isolation, they are the result of a combination of several social,
economic and financial factors. Supreme Court in case of Suresh Chandra vs. State of Gujarat
(1976)1 SCC 654 has reiterated that probation and parole are very useful implements to
reduce the problem of recidivism.

Children’s Home: means institution established by state government or by voluntary

organization and certified by government under S.34. The purpose of the children's homes is
to receive any child in care or for protecting any delinquent juvenile during the pendency of
any inquiry and also subsequently for their care, treatment, education, training, development
and rehabilitation.

There are established by the State government or in association with the voluntary
organizations, in every district (or group of districts) for the reception, care, treatment,
education, training, development and rehabilitation of the child in need of care and protection.
They are registered as child care institutions and certified. Children of both sexes below the
age of ten years can be kept in a single home but facilities may differ from age to age i.e.
facilities for infants differ from those above the age of five years. For children above the age
of ten years separate institutions must be set up for boys and girls. The main objective of the
children’s home is to promote an integrated approach to child care by involving the
community and NGO’s.

Special juvenile police unit: means a unit of police force of state designated for handling of
juveniles or children under S.63.

Note on child welfare committee? The Child Welfare Committee is an

autonomous body declared as a competent authority to deal with children in need of care and
protection. It is mandatory to form one or more Child Welfare Committees in every district
for exercising power and to discharge the duties conferred in relation to children in need of
care and protection. This committee consists of a Chairperson and other four members who
according to the State Government are fit to be appointed, at least one of whom should be a
woman and the other should preferably be an expert on matters that are concerning the
children.

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A Secretary and other staff shall be provided by the District Child Protection Unit for
secretarial support to the Committee for its effective functioning. For becoming a member of
the Committee, that person (who wants to become a member) should be actively involved in
health, education and welfare activities in relation to children for at least seven years or should
be a practicing professional who has a degree in child sociology, psychiatry, psychology, law
or human development. The duration of this appointment should not exceed the time period of
three years. Appointment of a member shall be terminated if that member uses his power for
wrong measures.

Procedures in relation to the committee: There should be a meeting of the Committee at least
twenty days in a month for observing rules and procedures with regards to the transaction at
its business meetings. A sitting of the Committee is considered when there is a visit to an
existing child care institution of the Committee. The opinion of the majority shall prevail if
there is any difference of opinion between the members of the Committee. If there is no
majority of such kind, then the opinion of the Chairperson shall be considered. Subject to the
provision of minimum members of the Committee, there shall be no order made by the
Committee that declares it invalid by reason of just the absence of a member during any stage
of the proceedings that are held. This is applicable provided that there are at least three
members who need to be there to dispose of the case finally.

Powers: The powers of the Child Welfare Committee are laid down in Section 29 of the
Juvenile Justice (Care and Protection of Children) Act, 2015:

 The Committee has the full authority of disposing of cases for the care, protection and
treatment of the children.
 The Committee can also dispose of cases that are for the development, rehabilitation and
protection of children that are in need, and also to provide for the basic need and
protection that is needed by the children.
 When a Committee is constituted for any particular area, then it has the power to
exclusively deal with all proceedings that are being held under the provisions of this Act
that are related to children in terms of need of care and protection.
 While exercising the given powers curtailed under this Act, the Committee is barred from
performing any act which would go against anything contained in any other law that is in
force at that time.

Functions and Responsibilities: The Functions and Responsibilities of the Child Welfare
Committee are mentioned in Section 30 of the Juvenile Justice (Care and Protection of
Children) Act, 2015. Few functions and responsibilities are listed below:

 Cognizance of children that are produced before it. Children who are neglected can be
produced before this committee.
 Conducting inquiry on issues relating to and affecting the safety and wellbeing of the
children under this Act.
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  To direct the Child Welfare Officers, District Child Protection Unit and Non-
Governmental organizations for social investigation and also to submit a report before the
Committee.
 To conduct an inquiry for the declaration of fit persons for the care of children in need of
care and protection.
 To direct placing of a child in a foster care facility.
 To ensure care, protection, restoration and appropriate rehabilitation of those children that
are in need of care and protection. This is based on that child’s individual care plan. It also
includes the passing of necessary directions to parents or guardians or the people who are
fit or children’s homes or fit facilities in this regard.
 To select a registered institution for the placement of every child that requires support
which is based on that child’s gender, age, disability and needs. This should be done by
keeping in mind the available capacity of the institution.
 To recommend action that is for the improvement in the quality of services provided to the
District Child Protection Unit and the Government of a State.
 To certify the performance of the surrender deed by the parents and to make sure that they
are given time to think about their decision as well as to make a reconsideration to keep
the family together.
 To make sure that all the efforts are made for the restoration of the lost or abandoned
children to their families by following due process which is prescribed by the Act.
 To declare children legally free for adoption after due inquiry who are orphans, abandoned
and surrendered.
 To take suo moto cognizance of cases and also to reach out to the children who are in need
of care and protection.
 To take action against the rehabilitation of children who are abused sexually and are
reported as children in need of protection and care from the Committee, by the Special
Juvenile Police Unit or the local police as the case may be.
 To deal with cases referred by the Board under sub-section (2) of 17 of this Act.
 To coordinate with various departments that are involved in the care and protection of
children. These departments include the police, the labour department and other agencies.
 To conduct an inquiry and give directions to the police or the District Child Protection
Unit in case of a complaint of abuse of a child.
 To access appropriate legal services for the children.
 To perform such other functions and responsibilities as may be prescribed.

Black Marketing is an exchange of goods and services which takes place outside the reach of
government agencies. There is no clear definition of ‘Black Marketing’ given under any
statute in India but the Supreme Court has attempted to deal with this issue. In the case of
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Rameshwar Lal Patwari v. State of Bihar, Supreme Court has held that black marketing has at
its base a shortening of supplies because black market flourishes best when the availability of
commodities is rendered difficult. Hon’ble Court has further stated that it has a definite
tendency to disrupt supplies when scarcity exists or scarcity is created artificially by hoarding
to attain illegitimate profits.

the goods and services involved in these transactions may be illegal, meaning dealing in those
goods and services are prohibited by law, for example, prohibited drugs, prostitution,
counterfeit currency, trafficking in human etc. or there can be a transaction of legal
commodities and services in a prohibited manner. Black marketers involved in these
transactions are motivated to earn profits and evade tax. Due to the illegal nature of these
transactions they are generally done in cash. The impact of Black marketing on economy is
always negative and devastating because these activities are not recorded and taxes are not
paid.

We have seen one of the worst forms of Black marketing in India during the COVID-19
pandemic i.e., Black marketing of essential medicines and equipment. Organised criminal
groups have adjusted to the opportunities arising from the COVID-19 pandemic to exploit the
vulnerabilities and gaps existing in health and criminal justice systems. Many cases of Black
marketing and selling of fake medicines have been reported during the pandemic. False
medical products raise serious concern for public health system as these products cannot treat
any disease instead it may cause serious health problems.

‘Hoarding’ can be defined as the purchase of a commodity with the intention to sell it in
future at a higher price when it is understock or not available in the market. In Kamla Prasad
v. Distt. Magistrate[3], the Supreme Court held that the word ‘hoard’ in the context means ‘to
amass and deposit in secret and that is the reason why the petitioner did not display the stock
position in respect of these scheduled commodities in his business premises was that he
wanted to hoard and conceal them as the same would create scarcity of the commodities in the
market and vitally affect the maintenance of services and supplies essential to the
community’.

This is an act of creating illegitimate monopoly over the market and taking undue advantage
of people who are helpless and have no other option but to purchase the commodity from the
hoarder. Hoarding and Black marketing are interrelated as the persons involved in hoarding
purchase large quantity of basic or essential goods and sell it in the black market at extremely
high prices when goods are high in demand. During the COVID-19 pandemic we have
witnessed that how hoarding of oxygen concentrators and medicines created panic shortage.
Oxygen concentrators were imported from China and were being sold at an exorbitant price of
Rs. 50,000 to 70,000 a piece as against its cost of Rs. 16,000 to Rs. 22,000. [4] Generally in the
process of hoarding, there is involvement of a single person who acquires large quantity of
goods but in some cases it has been seen that more than one persons are involved who enter
into an agreement with the supplier(s) to limit the supply of goods in the market.

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APPRAISAL OF IMPRISONMENT AS A MODE OF PUNISHMENT? Charles
Swindol opines that "the humanity, decency and respect for human being should not end at the
gate of the prison but the prisoner must realize that he is a respectable person/citizen in the
community where he lives". The Supreme Court has given the following suggestions in the
last 35 years or so in different cases from States like Andhra Pradesh (Giasuddin, AIR 1977
S.C. 1926 at 1933), Maharashtra (Sheela Barse, AIR 1987 S.C. 656 at 659), Delhi (Sunil
Batra 1979 SCC (Cri) 155:

Assigning Congenial Work: A prisoner should be assigned congenial work, which gives job
satisfaction. The state governments are directed to ensure that the prisoners are assigned work
not of a routine, monotonous or degrading type but of a mental, artistic and intellectual kind
of manual labour.

Remuneration: A prisoner must be paid a reasonable fraction of remuneration by way of

wages for the work done, since unpaid work amounts to bonded labour and is humiliating.

Meditation, Sports and Games: Self-expression and self-realization have a corrective effect.
Idle mind and body end up in generating evil thoughts and depressive mood swings.
Therefore, any sports and games, artistic activity and/or meditation course will stimulate
prisoner's creativity and sensitivity. Preksha-dhyan, Vipasyana, spiritual discourses, lectures
and preaching on issues of healthy social life, literacy classes and de-addiction programmes,
adult education classes, plantation, horticulture and environment improvement with the
material assistance provided by government and non-government agencies, are some of the
regular features of the prison.

Parole Release: The Supreme Court had also given thought to another humanizing strategy,
namely, a guarded parole releases every three months for at least a week, punctuating the total
prison term. The jail authorities should periodically check whether the prisoner is making
progress. Meetings with family, friends and social circle will generate a social feeling and the
prisoner can be encouraged to lead a hassle-free life in the future. It may be noted that the
liberal remissions and grant of frequent paroles to the prisoners to spend time with their
families would help to inculcate self confidence in prisoners and reduce the impact of some of
the prison vices

Therapeutic Outlook: The Supreme Court judges prefer a therapeutic rather than a punitive
outlook towards the prisoners, since brutal incarceration of the person merely produces
laceration of criminal's mind. The direction of prison reform is not towards dehumanization
but humanization, experiments designed to inculcate the qualities of a self-sufficient social
animal who lives with dignity.

Legal Assistance: Free legal assistance to a poor accused is his Constitutional Right. Denial of
such a right would result in loss of faith in the judiciary, society and humanity. Every accused
has a right to be defended and to present his side. Lok Adalats are set up to redress the
grievances of such underprivileged sections of our society.

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Human Treatment and Protection of Fundamental Rights: If a person is indicted and/or
subsequently found guilty and is sent to prison, it does not mean that he deserves inhuman
treatment. He cannot be cordoned off from the society and his family. The prisons should not
operate as concentration camps. Prison officials have no powers to resort to oppression just on
the grounds of the political or religious beliefs of their opponents. The government cannot
prevent a Detenue from publishing a book. A prisoner also has a right to acquire, hold and
dispose of property. His imprisonment cannot terminate such rights. The term 'life
imprisonment' does not make him an animal out of a human being.'

Handcuffs: A prisoner in transit between prison and Court should not be handcuffed, except
under special conditions that have to be justified before or after. Handcuffs are prima facie
inhuman and repugnant. It is brutal to handcuff a person in public.

Grievance Boxes: Grievance deposit boxes shall be maintained in the prisons, which will be
opened as is deemed fit and suitable action be taken on complaints thus made. Access to such
boxes shall be accorded to all prisoners.

Visits by Magistrates: District magistrates and session judges shall, personally or through
surrogates, visit prisons in their jurisdiction and afford effective opportunities for ventilating
legal grievances. They shall make necessary enquiries into the matter and take suitable
remedial action. In appropriate cases, reports shall be made to the High Court for habeas
action, if found necessary.

We can say that the prison administration generally lacks in transparency. Secure management
has always been neglected and some officials become easily oblivious of their responsibilities
and duties. This has reduced the transparency and accountability. Freedom of expression is
merely a farce since no inmate would complain of the repressive environment where he has to
spend a substantial tenure of his imprisonment and away from the society. It is also brought to
notice that such repression is due to rampant corruption in the jail systems. Bribes are paid to
the officers or wardens to have an extra helping of food, better sleep at night and other basic
necessities. However, such behaviour is not emanating only from the official staff but also
from inmates residing in the prisons that form their own gangs and inflict atrocities on the
weaker prisoners. Physical and psychological torture resulting from overcrowding, unhygienic
sanitary conditions, shortage of water, lack of proper bedding, restrictions on prisoners'
movements due to shortage of staff, the non-production of under trial prisoners in court,
inadequate medical facilities, neglect in granting parole, the rejection of premature release on
weak grounds etc., result, not only from any malfeasance of the prison staff, but from the
collective neglect on the part of the whole system.

Note on Custodial Rapes? Under trials and the convicts suffer from the
problem of sexual abuse from the police authorities, wardens and especially from the inmates.
Such sexual abuse results in several psychological problems where the victim may even
contemplate suicide. Due to frustration, there is forced sex and the person is gang raped. Such

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brutal assaults are done generally to establish the fact that the new inmate is supposed to
accept the authority and be subservient to the senior jail convict.

Custodial rapes are also carried out by people who are homosexuals. Custodial rapes are very
common all over the world and this brutal act kills the dignity and the self-respect of the
person. Custodial rapes can be reduced if not prevented if the jail authorities undertake the
following steps:

1. The psychological analysis: Before a person is assigned to any cell, his past sexual
inclination and his nature of crime should be analyzed.
2. Supervision: Supervisory authorities should keep an alert watch on the habitual offenders
and ensure that the new inmates are not abused.
3. Strict punishment: In case any complaint by any fellow inmate is filed against the offender
who has made inappropriate gesture or behavior with anyone, the accused should be severely
punished. Even the fear of solitary confinement would reduce such crimes.
4. Cancelation of parole and probation: Strict laws should be formulated wherein any inmate
who is found culprit of such an offence, his application for parole and probation should be
rejected. This would instill fear in others too.

Note on Sex Delinquency? This is defined as an individual whose sexual

behavior is characterized by any of the following: Compulsive or repetitive acts indicating a
disregard of consequences or the recognized rights of other people; or. The application of
force upon other people in attempting to engage in sex acts;

two causes of sex delinquency Repeated exposure to sexually violent pornography can
contribute. Problems with self-regulation and impulse control can contribute. Short-term
relationships and negative attitudes toward women can contribute.

Dr. Sigmond Freud, an expert in psychiatry has given a very convincing exposition of sexual
psychopaths and suggested that these delinquents need medical treatment rather than penal
servitude. He suggests that if the psychology and the mental frame of the sex offender is not
properly attended to, mere punishment would hardly serve any useful purpose and he would
become more dangerous to society.

Therefore, the object should be to cure the offender’s weakness of mind which is responsible
for depriving him of his vitality to resist the force of circumstances and fall a prey to sex
desire. In short, the adequate remedy for sex delinquency is to subject sex delinquents to
socio-medical treatment through a proper follow-up method under the control and supervision
of competent psychiatrists.

The following remedial measures may further be suggested for the prevention of sex
delinquency:

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(1) The marriage between the spouses who are related by blood must be discouraged. The
reason being that the off-springs of such union are often degenerated and have little
appreciation for morality. Consequently, they fall an easy prey to sex crime. It is mainly for
this reason that most of the personal laws forbid marriage between those who are related by
blood and fall within the prohibited degrees of relationship.

(2) Parents should keep their wards well under control and pre-warn them of the possible
dangers involved in illegal sexual acts. No sooner a child approaches the age of adolescence
he should be explained the various aspects of sexual life and consequences flowing there
from. It should be noted that the psychology of adolescents at this difficult age is very
precarious and they are unable to resist their sex urge if they are placed in surroundings
conducive to sex crime. If they have the fore-knowledge of the possible dangers and evil
consequences which are likely to flow from their momentary sex indulgence, they would
certainly refrain from such acts.This is particularly necessary in case of adolescent girls so
that they are prevented from landing into a life of shame and disgrace.

(3) Some criminologists suggest that imparting sex education and providing correct
knowledge about sex to the young people would help them to understand sex better than get
addicted to aberrations which border on crime. It has been generally accepted that the primary
object of sex education should be to help young boys and girls to acquire healthy
understanding of sex relations and correct role of man and woman so that they can better
adjust as husbands and wives in future and may maintain harmonious inter-personal relations
between sexes. At the same time, they may also become aware of the evils of sex perversion
including prostitution, homosexuality, illegitimacy, veneral diseases. AIDS, etc., and may be
properly prepared to play their role as a spouse, parent and citizen effectively when they enter
marital life.

(4) Much of the sex criminality may be prevented by the initiative of women themselves.
They should guard against providing any opportunity to the potential sex offender. For this
purpose, minor and young girls should be properly escorted and they should not be entrusted
to the care of servants or strangers.

Women should take care that they are not misled by fake sadhus and tantriks and fall a prey to
their evil designs. More recently, providing karate training to young girls and women is being
emphasised so as to train them for self-defence and protection against vicious offenders. It is
indeed a welcome step.

(6) Sex delinquency among prisoners presents a special problem for the prison authorities.
Quite a large number of prisoners are sex psychopaths for the reason that they are completely
deprived of marital life during their term of imprisonment. Mrs. Ruth Shonle Cavan and
Eugene S. Zamans made an intensive investigation on sex crimes in prisons and pointed out
that complete denial of marital life to a prisoner in jail is most unjust and inhuman as it has an
adverse effect on his personality due to non-fulfilment of one of the basic urges of life.
Consequently, sex desire in him often makes him obstinate and indifferent towards the jail
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authorities and at times he even resorts to unnatural offences such as homosexuality or
sodomy in an attempt to pacify his sex impulse.

However, in Uttar Pradesh, the system of ‘ticket on leave’ has been introduced for prisoners in
1951 with a view to enabling the long termers to visit their families at regular intervals. It
serves two main purposes. Firstly, it offers an opportunity to the prisoners to pacify their sex-
impulse thus making them less violent and responsive to prison discipline. Secondly, it greatly
helps in rehabilitation of prisoners not only during their jail-term but even after their release
from the prison.

(7) Another significant aspect of sex crime is the psychology of adolescent girls at the time of
puberty and menstruation when they are undergoing a biological change in their physical
features. This period is particularly difficult for girls. It roughly commences from the onset of
menstruation which signifies their transition from childhood to adolescence. At this tender age
girls mostly get mentally disturbed and need to be told that the physio-biological changes in
them are not unusual or abnormal and they should take them as a normal phenomenon of life.
This is a stage when they should be carefully looked after.

(8) Active vigilance by the police particularly, in busy streets, markets, railway stations, bus-
stands, schools, colleges, cinema houses, public gardens etc. is necessary to keep the sex
offenders away. Those indulging in rowdyism and eve-teasing should be sternly dealt with.
Strict vigil of the police in prostitution dens and pimps and procurers who indulge in
kidnapping or traffiking in innocent girls and women for immoral purpose, may also help in
preventing sex offences. During interrogation, female victims of sex offence should not be
subjected to repeated awkward questioning by different police officials and their identity
should not be disclosed to public or press. Special Women Police squads may also be pressed
into service for apprehending sex offenders and women who are actively involved in this
heinous crime.

(9) Alcoholism is also one of the potential causes of sex crimes. It is a vice which weakens the
character and impairs the faculties of mind and body. Under the influence of the intoxicants, a
person loses his self-control and he may indulge into sex act even with his daughter, daughter-
in-law or any other woman. It is therefore, necessary to eradicate this menace by strict
regulatory measures. Drinking in public should be made a cognizable offence and the number
of bars and liquor houses should be limited by adequate licensing.

(10) The five main agencies of professionals which are required to deal with sex crime victims
are the police, doctors, lawyers, Magistrates and the Rescue Home officials. They must
actively cooperate with each other while handling the sex offenders.

Women and Domestic Violence? Our society, even in today's modern

times, is not ready to give equal status to women and therefore there is female feticides and
female infanticide. Failure to give birth to a male child also results in domestic violence at the
hands of the in-laws and the husband too. Women are victims in certain scenarios and

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therefore, Protection of Women from Domestic Violence Act, 2005 was enacted to ensure that
such women are safeguarded and can approach the legal authorities for their grievances.
Section 3 of the Act states that any act, omission, commission or conduct of the respondent
shall constitute domestic violence in case it:

(a) Harms or injures or endangers the health, safety, limb or well-being, whether mental or
physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) Harasses, harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demands for any dowry or other property
or valuable security; or
(c) Has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
(d) Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Causes of prostitution? Ways to curb prostitution? Prostitution can be deemed to be

sex in exchange for money. Prostitution can be due to several factors:

(a) Easy money: People do not wish to put in efforts or do hard work to earn livelihood and
therefore may resort to prostitution. These characteristics are generally viewed as sex
delinquency too where people enjoy physical pleasure and make a livelihood from the same.
(b) Victim of human trafficking: Having been abducted, several people are pushed in the flesh
trade and are not able to come out of the dungeons.
(c) Poverty: Due to impoverished conditions and several mouths to feed, several women are
forced to enter the sex trade.
(d) Sex racketing: In these cases, generally sex is used for commercial or business purpose.
It is a forced form of prostitution where girls are photographed and later might be
blackmailed to indulge in forced sex. Sex racketing is also rampant where young aged girls
are sold off by their parents or relatives.
(e) Luxurious lifestyle: People who aspire for better life and do not have means to achieve the
same, easily get involved in prostitution to satisfy their needs.
(f) Failure for rehabilitation: When people realize that they may not be accepted by the society
or will not be able to get dignity once again, they continue to live in such situations and do not
give up prostitution.
(g) Physical pleasure: This too can be deemed to be a reason for prostitution.

prostitution is a grave problem in our country and human trafficking is rampant. There are
several academicians who are of the view that the Prostitution should be legalized so that
there is less victimization. Generally, it is seen that prostitution is inevitable in every society.
It has its own pros and cons. Prostitution being legalized would ensure that in case the person
is not paid or is ill-treated, he/she can file a complaint. Legalization would also help these

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people to get treatments easily for the sexually transmitted diseases. This would reduce
exploitation of under-aged children too.

On the other hand, legalizing prostitution may give wrong ideas to people who would resort to
easier ways of livelihood.

strict measures have to be taken by the government to curb this ugly menace from its
roots

Strict rules and amendments of law: The government should work towards bringing in strict
enforcements of law to see that no one should dare enter into such activities. High grades of
punishment should be enforced and people practicing them inspite of repeated warnings
should be tried under law. Those prostitutes willing to transform themselves and create a
new image of themselves should be provided a good chance to re-establish themselves by
taking their words in writing and authorize them to never venture into such activities ever
again. It should strictly be considered a crime. Men who seek out such services from women
should be tried under law and be jailed for harassment against women.

Creating awareness among the public: Social awareness is an important and vital aspect of
all our lives. Creating awareness about the bad effects of prostitution through effective
social media campaigns can lead to a change in thinking and perspective. The public can be
educated about the bad reflection of such activities on children, the future generations and
the society as a whole.

Creating employment opportunities: Creating mass employment opportunities for youth and
the unemployed will help people drift away from such immoral acts. Most people indulge in
prostitution due to want of money and when plenty of channels are created by which people
can earn money for themselves through hard work and through the right means; chances are
people may change their perspectives. Those who are already involved in the act, can be
given a chance to drift away from their activities by creating special opportunities and
women- oriented jobs that do not require high level of education. On the other hand, such
women can be provided vocational training and later recruited to similar jobs. Women who
are skilled in arts like basket making, embroidery, tailoring etc. can be provided financial
aids to set up a small business of their own.

Providing special education schemes: Along with employment opportunities, these people
can be provided parallel education during evenings, when they find time for themselves.
This in particular, will help them to raise good children and make them send their children
to schools.

Allocating funds that provide monetary support to affected families: Banks that are owned
by the government can allocate special funds to such people on a temporary basis to help
women in this field to fund their children's education. If such women turn away from their
previous prostitution bases and return to normal living, then they could think of small ways

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 to earn income for their families. For this, they would need monetary funds and aids from
the government.

Establishing rehabilitation centers: A woman who is entirely into the act of prostitution
finds it difficult to come back to terms with normal living. She would fear the societal
norms and pressures against her and her family. The fear of being thrown out from the
society and not being accepted at large makes the situation worse. So, initially they can be
accommodated for a few months at rehabilitation centers, which should be set up under the
aegis of governmental supervision and they can be taught spiritual ways of healing oneself,
yoga and meditation to bring them totally into a different world and change them
completely.

Proper guidance and counseling sessions: The government should also provide a few hours
of counseling sessions by experts in the field about the ill effects of being in prostitution,
what effects it would have on themselves, health vulnerabilities, adverse effects on the
family and bad reputation in the society etc. A positive framework on life should be built
and cultivated in their minds to ease them change their personality and ways of living. They
should be made to think about coming out of their ugly worlds, inspired to live life in the
mainstream by educating themselves and leading a life full of dignity.

Note on The Juvenile Justice (Care and Protection of Children) Act, 2000?

Juvenile Justice Board (JJB) is the concerned authority to deal with Children in Conflict with
Law (JCL). JCL means a child who is alleged to have committed an offence. the Juvenile
Justice Board has established in ever district by the State Government under Section 4 of the
Juvenile Justice (Care and Protection of Children) Act,2015 to exercise the powers and
discharging its functions relating to children in conflict with law. As per Section 2(13) of the
Act, child in conflict with law means a child who is alleged or found to have committed an
offence and who has not completed eighteen years of age on the date of commission of such
offence. The High Court and Children’s Court may exercise the same power of the Board if
any proceedings come before them in the form of revision, appeal, etc. The Powers, Functions
and responsibilities of the Board is mentioned in Section 8 of the same Act.

As per the provisions of Sec. 2 (g), Juvenile Justice Board is the competent authority in
relation to juveniles in conflict with law. The Board comprises a Metropolitan Magistrate or a
Judicial Magistrate of the First class along with two social workers of whom at least one shall
be woman, the Magistrate on the board shall be designated as the principal Magistrate.

The Juvenile Justice (Care and Protection of Children) Act, 2015 (Hereinafter JJ Act, 2015) is
a new legislation which repeals the Juvenile Justice Act, 2000. One of the primary reasons for
the introduction of this act was to address the commission of heinous offences by juveniles
aged 16-18. This development comes after the infamous Mukesh & Anr. vs. State of NCT of
Delhi and Ors. (Nirbhaya case). Traditional criminal law labelled offenders as ‘delinquent or

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neglected children’ and proceeded to punish them as criminals but the new law aims at
reformative justice for the convicts.

POWERS AND DUTIES OF THE BOARD: The statute gives the Juvenile Justice Board
the authority to hear cases in its area of jurisdiction and those involving minors who are
involved in legal disputes. In instances of appeal or revision under Section 19, the High
Courts or Children’s Courts may also use the same authorities. It was made clear in the case
of Hasham Abbas Syyed v. Usman Abbas Sayyad that a magistrate’s order that extends
outside the bounds of his jurisdiction will be deemed illegal.

When the suspected child violates the law, the board must use its authority to hold an inquiry
following the act’s provisions. Under Sections 17 and 18 of the JJ Act from 2015, it may also
pass orders. The board exercises its power to examine the matters of heinous crimes specified
in Section 15. Within three months of the child’s first appearance before the board and the
date of production, this initial assessment must be finished. According to the ruling in Puneet
S. v. State of Karnataka, the Juvenile Justice Board has the exclusive authority to determine
whether the committed offence qualifies as heinous or not.

Procedure in relation to Board. - (1) The Board shall meet at such times and shall observe
such rules in regard to the transaction of business at its meetings, as may be prescribed and
shall ensure that all procedures are child friendly and that the venue is not intimidating to the
child and does not resemble as regular courts.

(2) A child in conflict with law may be produced before an individual member of the Board,
when the Board is not in sitting.

(3) A Board may act notwithstanding the absence of any member of the Board, and no order
passed by the Board shall be invalid by the reason only of the absence of any member during
any stage of proceedings: Provided that there shall be at least two members including the
Principal Magistrate present at the time of final disposal of the case or in making an order
under sub-section (3) of section 18.

(4) In the event of any difference of opinion among the members of the Board in the interim
or final disposal, the opinion of the majority shall prevail, but where there is no such majority,
the opinion of the Principal Magistrate, shall prevail.

As per Sec. 8 of the Act, any State Government may establish and maintain voluntary
organizations, observation homes etc., where the juvenile in conflict with law may be kept
during the pendency of any enquiry regarding him. Any child who is not in the custody of its
parent or guardian is sent to Observation homes. Such Observation Homes classify the
juveniles on the basis of their age; mental and physical status and the degree of the offence
committed.

The functions and responsibilities of the board are as follows:

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  To ensure the informed participation of child and the parent or the guardian in every step
of the process.
 To ensure child’s rights are protected throughout the process of apprehending the child,
inquiry, aftercare and rehabilitation.
 To ensure child’s rights are protected throughout the process of apprehending the child,
inquiry, aftercare and rehabilitation.
 To ensure availability of legal aid for the child.
 To provide a qualified translator/interpreter by the board when the child fails to
understand the language used in proceeding.
 To submit a social investigation report of the case within a period of fifteen days from the
date of first production before the Board to ascertain the circumstances in which the
alleged offence was committed. This investigation is directed to Probation Officer or in
case a Probation Officer is not available to the Child Welfare Officer or a social worker.
 To adjudicate and dispose of cases of children in conflict with law in accordance with the
process of inquiry specified in section 14 of the same act.
 Transferring to committee when the child in conflict with law to be a child in need of
care and protection at any stage. Therefore, there is a need for the Committee and the
Board to be both involved.
 To dispose the matter and passing a final order that includes an individual care plan for
the child’s rehabilitation including follow up by the Probation Officer or the District
Child Protection Unit or a member of a non-governmental organization as required.
 To conduct inquiry for declaring fit persons regarding care of children in conflict with
law.
 To conduct at least one inspection, visit every month of residential facilities for children
in conflict with law and recommend action for improvement in quality of services to the
District Child Protection Unit and the State Government.
 To order the police for registration of FIR for offences committed against any child in
conflict with law and any child in need of care and protection under the Act or any other
law on a complaint made.
 To order the police for registration of FIR for offences committed against any child in
conflict with law and any child in need of care and protection under the Act or any other
law on a complaint made.
 Any other function as may be prescribed.

Hence the Juvenile Justice Board aims to deal with such children in conflict with the law with
special care and protection by providing proper care, protection, development, treatment,
social re-integration and by adopting a child-friendly approach in the adjudication
and disposal of matters in the best interest of children instead of treating them as criminals.

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Features Inherited from the 2000 Act: The 2015 Act is a re-enactment of the 2000 Act, and
it retains several essential features of the earlier Acts.

 There is a complete separation between children in need of care and protection and the
juveniles in conflict with the law.
 The juvenile/child has been defined as anyone who has not completed the age of 18
years.
 There is a provision for introducing a juvenile police unit and designation of at least one
police officer in each station as a child-friendly officer.
 There is an exclusion of certain other categories like a child found begging, children who
live in a brothel, and uncontrollable children.
 The child may be produced before the Committee by the police officer, public servants,
Child line a registered voluntary organization, social worker, or public-spirited citizen.
 The focus of the new law is the restoration of the child which means restoration to the
parents, adopted parents, and foster parents.
 The children’s home or the state-run institutions for orphans shall be recognized as
adoption agencies for security and placement of children.
 The children’s home envisaged as a temporary stay during which schemes for adoption,
foster care, sponsorship, and aftercare to be worked out.
Additional New Features of the Act: the 2015 Act shows the following additional features:

 Section 2 of the Act is expanded with more definitions.

 The nomenclature used in the Act is further refined. the word ‘arrest’ is replaced by
apprehension. The word ‘crime’ is replaced by ‘offence’, etc.
 Under the Act, the offences committed by a juvenile are categorized into three classes

1. Petty Offences: It includes the offences for which maximum punishment under the
Indian Penal Code or any other law is imprisonment up to three years.

2. Serious Offences: It includes the offences for which punishment under the Indian Penal
Code or any other law is imprisonment between three to seven years.

3. Heinous Offences: It includes the offences for which minimum punishment under the
Indian Penal Code or any other law is imprisonment of seven years or more.

Under the provisions of Sec. 40 of the Act, following four alternative methods have been
prescribed for the rehabilitation and re-orientation:

1. Adoption of orphaned, abandoned, neglected or abused children through institutional or

non-institutional means;

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2. Foster care for temporary placement of those infants who are ultimately to be sent to some
institution or individual for adoption;

3. Sponsorship programme to provide supplementary support to families, children,

Observation Homes, Special Homes etc. to meet the medical, nutritional, educational and
other basic needs of children.

4. After-care programme for necessary supervision and guidance to juvenile and children after
their release from Children's Home or Special Home so that they may be rehabilitated and can
lead an honest and industrious life in future.

Note on role of police in juvenile Delinquency? Sec. 63 makes provisions

for setting up special police units for handling juveniles and children under this Act. In every
police station at least one officer with aptitude and appropriate training and orientation may be
designated as the 'juvenile or the child welfare officer' who would be entrusted with the task
of supervising the juvenile and co-ordinate with the police.

the main functions of the police include:

(1) identifying delinquents, potential delinquents, and neglected children as early in life as
possible;

(2) investigating the cases;

(3) referring the cases to the juvenile courts or other appropriate agencies for treatment;

(4) protecting children through enforcement of the laws;

(5) protecting public life and property against delinquents; and

(6) rendering general assistance, such as locating runaways and counselling parents.

the children act empowers police officers to take homeless or destitute children into custody
and bring them before children's courts or child welfare boards within 24 hours. children are
returned to parents unless they are in moral danger, dangerous to the community, in need of
medical care, or their backgrounds have not been verified. in such cases they are taken
immediately to juvenile detention facilities, or, if such facilities are not available, to a jail
where they are kept separate from adult offenders. recommendations for improving present
practices include

(1) the wearing of civilian clothing in follow-up investigations to avoid drawing attention to a
case;

(2) training police officers in social welfare and in the use of community resources;

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(3) sending police officers to lecture in schools, clubs, and colleges on road safety, good
citizenship, the functions of the police, and the need for law and order in society; and

(4) establishing juvenile bureaus in each police department which would be responsible for
juvenile affairs.

Transfer of children: Sec. 38 provides for the transfer of those children who are from outside
the jurisdiction of the committee. The Committee would order the transfer of the child to the
competent authority who has the jurisdiction over the place where the child resides. To protect
and safeguard the child, an escort from the committee staff is sent with the child. The section
also states that the State government also may make rules to pay for the travelling allowance
for the child.

Special homes are the places where the juveniles undergoing punishment are kept so that
they do not come in direct contact with hard core criminals. They are taught special skills and
a chance is given to them to reform themselves and lead a better life in future.

Special provisions are made for the care and rehabilitation of juvenile offenders through the
establishment of Special Homes. These homes serve as essential institutions for the
reformation and reintegration of children who have committed offenses. Special Homes are
dedicated facilities that provide a secure and nurturing environment for juveniles, ensuring
their physical, emotional, and psychological development. The primary objective of these
homes is to promote the welfare and rehabilitation of juvenile offenders by focusing on their
individual needs, potential and social reintegration. In a Special Home, the emphasis is placed
on creating a holistic support system that addresses the unique circumstances and challenges
faced by juvenile offenders. Trained and experienced staff members, including social workers,
counsellors, and educators, work together to provide personalized care and attention to each
child. They strive to create a safe growth learning, and personal transformation. Special
Homes not only provide basic amenities such as shelter, food, and healthcare but also offer a
range of educational and skill-building opportunities. Juvenile offenders are given access to
formal education, vocational training, and recreational activities that aim to develop their
talents, enhance their employability, and foster their overall well-being. Furthermore, Special
Homes play an important role in facilitating the legal proceedings and social reintegration of
juvenile offenders. They provide necessary support and guidance to juveniles during court
hearings and ensure that their rights are protected throughout the legal process. Moreover,
these homes collaborate with various stakeholders, including families, communities, and
relevant government agencies, to devise comprehensive plans for the successful reintegration
of juveniles back into society.

Shelter homes: The shelter homes have been set up with the basic targets of providing
protection and restoration to the children. Such shelter homes strive hard for the restoration of
the children. Under the process of restoration, a child who has been deprived of a loving
family environment is placed in institutions or the company of parents, adopted parents or
foster parents. Such institutions or parents act as substitutes and help the child in adapting
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himself to the social life. Such initiative on the part of the shelter homes helps in reducing
juvenile delinquency also. The provisions of Sec. 37 ensure that the State government assists
and permits establishment of shelter homes for juveniles or children. Such Centre’s would
give shelter to those young ones who need immediate support and who, in opinion of any
police officer, public servant, or any voluntary social worker; need to be placed in such shelter
homes.

For children in urgent need of care and protection, such as street children and run-away
children, the State Government shall support creation of requisite number of shelter homes or
drop-in-centres through the voluntary organisations. Shelter homes shall include: -

(a) short-stay homes for children needing temporary shelter, care and protection for a
maximum period of one year,

(b) transitional homes providing immediate care and protection to a child for a maximum
period of four months,

(c) 24 hours drop-in-centres for children needing day care or night shelter facility.

The shelter homes or drop-in-centres shall have the minimum facilities of boarding and
lodging, besides and provision for fulfilment of basic needs in terms of clothing, food, health
care and nutrition, safe drinking water and sanitation.

There shall be separate shelter homes for girls and boys as per rule 40(2)(d) of these rules.

All shelter homes shall provide requisite facilities for education, vocational training,
counselling and recreation or make arrangements for it in collaboration with voluntary
organisations or corporate sector.

The Committee, Special Juvenile Police Units, public servants, child line, voluntary
organisations, social workers and the children themselves may refer a child to such shelter
homes.

All shelter homes shall submit a report of children using the shelter home facility along with a
photograph of the child to the Committee, the missing person’s bureau or Special Juvenile
Police Unit and the District Child Protection Unit or the State Child Protection Unit.

The requirements of producing a child received by a shelter home before the Committee,
inquiry and disposal under sections 32, 33, 38 and 39 of the Act shall apply only to shelter
homes other than drop-in-centres as specified in rule 30(2)(c) of these rules.

The services of Officer-in-Charge, Child Welfare Officer, Social Worker shall be provided for
the proper care, protection, development, rehabilitation and reintegration needs of children in
shelter homes.

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No child shall ordinarily stay in a short stay home for more than a year except in special
circumstances with the approval of the Committee.

Observation Homes: means a home established by state government or by voluntary

institution and certified by state government under S.8 as an observation home for juvenile in
conflict. Observation Home is an institution, where neglected and delinquent juveniles are
kept for a few weeks or pending decision of the cases. Observation Home is set up for the
temporary reception of any juvenile in conflict with law during the pendency of any inquiry
regarding them.

Juveniles “in conflict with the law” remain there awaiting trial. Children “in need of care and
protection” stay there pending the completion of a government investigation aiming to track
down their parents and collecting information on their family background. If the parents turn
out to be dead, untraceable, unfit, or simply unwilling to take the child back, the Juvenile
Welfare Board arranges for the child’s placement in a Juvenile Home, where the government
is responsible for providing room, board, education, and vocational training. While it
distinguishes juveniles “in conflict with the law” from those “in need of care and protection,”
the law effectively criminalizes both by putting them under the jurisdiction of the criminal
justice system. The two groups are generally housed together in the Observation Home for
months on end: adolescents who have committed serious offenses are kept together with
children — mostly much younger — whose only crime is that of being neglected. In practice,
there is no difference in the nature of their detention. The law simply prescribes the
confinement of both as the only means by which they can be rehabilitated. The Government
Observation Home for Juveniles of Vijayawada was established in 1954.

Note on BOMBAY BORSTAL SCHOOLS ACT, 1929?

This applies to young offenders; in the case of a boy from 16 to 21 years of age (inclusive)
and in the case of a girl from 18 to 21 years of age (inclusive) and authorizes First Class
Magistrates and Superior Courts to pass an order for detention in a Borstals School for not
less than 3 or more than 5 years, in lieu of imprisonment (Section 6). The Act was brought
into existence to reform young offenders who have fallen into crime and who have acquired
bad habits and associations and have thus developed a tendency or inclination towards crime.
Such schools educate the boys and also help them earn a living by training them in activities
like carpentry, polishing, tailoring, weaving, cooking and agricultural work.

It is believed that only those offenders should be sent to Borstals School who are not
professional or habitual criminals. There should be some hope of their reformation, otherwise
would simply result in wastage of government's and tax-payer’s money. Thorough mental and
physical examinations are conducted before admitting an offender in the school. Section 6 of
the Borstal Schools Act requires that parents or guardian should be given hearing before
Borstal detention is decided upon. This section also provides for detention in the Borstal
School for a term of not less than 3 years and not more than five years, if the offender can be
detained instead of being sent behind bars.
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Certified schools or the juvenile homes are such places where the juveniles who are found
guilty of offences and crime are kept so that they do not come in contact with hardened
criminals and they are leniently treated by the officers of the judiciary. For instance, in case of
Public at Large vs The State Of Maharashtra And Ors. on 31 July, 1997, 1997 (4) BomCR
171, 88 minor girls were found in a sex racket and they were sent to certified schools for
medical checkups so that their identity is protected and they do not face any humiliation.

In State Of Punjab vs. Jagjit Singh and Others, AIR 1994 SC 1598, the Punjab High Court had
sent the juveniles who were found guilty of murder to certified schools since at the time of the
commission of crime, they were juveniles. They were sent to certified schools and were to
remain there till the age of 18 years.

Classification of offenders through modern diagnostic techniques: There is a tremendous

need for assessment of an offender. Criminological Offender Assessment can be defined as an
assessment through analysis, evaluation, profiling, examination and determination of crime
and criminal behaviour in all its facets such as:

1. Personal family and social background associated with offender's criminal behaviour for
instance, precursors, triggers, causes and motives of crime.

2. Offender's characteristics and influences, personal needs and risks (such as escape, suicide
and recidivism)

3. Responsiveness (treatability).

This assessment process is based on empirical, meta-analysis literature, tested theories,

relevant research findings, approved international actuarial or statistical scales, personal
judgment and experience related to the behaviour in question.

Adolescent offenders may be classified into three categories:

1. The first offender, who has no criminal habits or associations: Such offenders may be dealt
with under Sec. 4(3) of the Probation of Offenders Act, 1958 and need not be detained in the
Borstal school.

2. The youthful offender with a tendency towards crime: The Court takes into account such
factors as the habitual tendency of the offender towards crime and his frequency of
convictions before passing any sentence. Courts often hesitate to commit a young offender to
the school on his first conviction. He is send to school only if convicted more than twice.

3. The serious offender: A youthful offender whose offence is too serious to be dealt with
under the Probation of Offenders Act, 1958, and whose (a) crime and (b) habits and
associations do not indicate that he should derive much benefit by being sent to the Borstal
School, should be sent to the Juvenile Section of the Jail.

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Furthermore, offenders found guilty and convicted for sexual offences, under section 354,
366, 376, 377, 493, 497 and 498, Indian Penal Code, should be committed to the Juvenile
section of Jail. Similarly, juveniles convicted of a single offence of violence committed in a
moment of passion should not ordinarily be committed to Borstal School.

The Commonwealth too believes that it is essential to classify the prisoners in the categories
of under-trials, first timers and casual prisoners so that they can be safeguarded against being
influenced, bullied and abused by dominant hard core criminals in prison. It is also necessary
to keep the juveniles out of the company of the hardened criminals in the prisons since it is
often observed that those juveniles who are kept in the company of the hardened criminals
come out of prison only to commit far more serious crimes than they had committed earlier.

At present, the prisoners are classified on the basis of their social status, education, habits,
standard of living etc. instead of categorizing them on the basis of their criminal record. In the
report of Justice Santosh Duggal Committee appointed by the Lt. Governor of Delhi, the said
system of classification was challenged and found unacceptable, discriminatory and violating
Art. 14 of the Constitution of India. The committee suggested that the criminals should be
classified under Convicts, Undertrials' Age, Nature of Crime, Previous History (whether
habitual or casual), Prison Term, Kind of Sentences, Nationality, Civil Prisoners, Detenues,
Security Requirements, Disciplinary or Administrative requirements and Correctional,
Educational or Medical Needs. Such a directive was accepted by the Delhi Administration but
still the implementation of this recommendation is taking time.

Classification of offenders according to jail reform committee 1980-83 –

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

The role of psychoanalysts and social workers in the prison: Psychologists resort to several
methods to help the prisoner to cope up with the reality of life behind bars. Such methods may
include substance-abuse treatment programmes, engage the prisoner in reading and writing
skills and organize anger-management programmes. Psychologists try to inculcate social
behaviour by helping the prisoner to develop family contacts, undertake job training etc. It has
been time and again reiterated that such psychoanalytical programmes would be useful only if
the prisoner voluntarily participated and took them seriously.

With sincere efforts on the part of dedicated social workers, an organization called Varhad
was set up to establish a contact between social workers on one hand and undertrials and the
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convicts on the other. The social workers from Varhad extend help to the families of the
prisoner and act as liaison officers. Varhad also started 'Balwadi', a children's section in
Amravati Central Prison to cater to the educational and nutritional needs. Their efforts have
been successful, evident from the fact that with the increasing years, the enrolment of children
is on the rise. Such help is more essential when one parent is dead and the other is behind the
bars. If no help is extended to such destitute children, the crime rate in future is bound to
increase meteorically. Such literacy programmes help to divert the attention of those prisoners
towards constructive and useful purposes, who otherwise are occupied in immoral,
devastating and futile thoughts and activities.

The parolegals can share the responsibility of the social workers by helping the undertrials to
be released on bail. These social workers should make a wide use of the judgement of the
Supreme Court in Common Cause v. Union of India (1996) 4 SCC 33 and approach the courts
to get more persons released from jails highlighting the principle 'bail not jail' prominently. In
case of Amrita Ahluwalia.

What do u mean by Neglected juvenile? neglected juvenile" means a juvenile who

(i) is found begging; or (ii) is found without having any home or settled place of abode and
without any ostensible means of subsistence and is destitute; (iii) has a parent or guardian
who is unfit or incapacitated to exercise control over the juvenile; or (iv) lives in a brothel or
with a prostitute or frequently goes to any place used for the purpose of prostitution, or is
found to associate with any prostitute or any other person who leads an immoral, drunken or
depraved life.

As per law, a juvenile is any individual below the age of 18.

Vocation and religious education and apprenticeship programmes for the offenders:
Tihar jail has always strived hard to implement better programmes for the reformation of
prisoners. For instance, Prison Welfare Services was set up in 1974 in Tihar Jail, under the
control of the Chief Officer with the aim of rehabilitating the prisoners and developing better
relations between the prisoners and prison welfare officers.

The Chief Probation Officer is entrusted with the following duties:

(a) Maintenance of Families.

(b) Financial Assistance for their children's education.
(c) Financial Assistance in Maternity cases.
(d) In addition to other duties, the prison Welfare Officers provide counselling and Guidance
to the prisoner’s families and prisoners in jail.
(e) Submission of Social Investigation Reports pertaining to premature release of prisoners
and referral to sentence Revising Board.
(f) Arranging the admission of convict's children in Institution of Department Of Social
Welfare, National Capital Territory of Delhi.
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 Methods adopted for treatment of criminals in prison?

Vocational activities: Work Centre for Women prisoners in Jail was set up in 1982 for
imparting training in occupations like tailoring, embroidery, knitting etc. Such occupational
training is extended to the under-trial women also so that they can supplement the family
income after their release from prison.

The Punjab Jail department have introduced the Wage Earning Scheme whereby the prisoners
who are sentenced to rigorous imprisonment are given gratuity. This helps the prisoner to pay
his fine and meet other legal expenses or even send money to his family members. As per the
records 1997, an unskilled prisoner was paid 8 per day towards gratuity while a skilled
prisoner earned 12 per day

Apprenticeship programme in prison: As per the report of the Planning Commission, a few
of the programmes though initiated were not successful. For example, in few Jaunpur Jail, the
training Centre for women was closed down due to thin population of women inmates. The
educational programme in Varanasi jail failed since the inmates were not enthusiastic and was
not enough motivated due to which they were aborted. In Barabanki jail, Jan Shikhshan
Sansthan was set up to provide computer education to women. However, the jail officials
admitted that due to lack of resources and the very nature of women were the basic causes for
slow process of rehabilitation. The reformation cannot ever be held to be an individual
process. In Indian society, women are entrusted with the work of nursing and caring for their
children. When women are behind bars, the children of those families do not avail any
education facility. In places like Azamgarh, Jaunpur and Ballia district, no child of a women
prisoner is attending any school. If such is the scenario, the society should be prepared to face
consequences of those illiterate children who in future would resort to criminal activities to
earn living.

Note on Juvenile Courts? Juvenile court which is also recognize as

children’s court situated to handling problems of delinquent, neglected, or abused children. It
is sine qua non, to accomplish the proceeding of the court informally and paternally, so that
the juvenile can be treated in a cozy and child accustomed way. Under this Juvenile Justice
law and provisions of the Criminal Code Procedure, children are not to be taken to a regular
criminal courts, the purpose of a separate court is socio-legal rehabilitation and reformation
instead of punishment. Two types of cases are processed by a juvenile court: civil matters,
usually concerning care of an abandoned child or one whose parents cannot support him; and
criminal matters arising from antisocial behavior by the child.

Now regarding the courts where the juvenile are tried, if the juveniles are found to be below
the age of 16 years, he will be tried by the Juvenile Justice Board. JJB consist of a,
Metropolitan Magistrate or Judicial Magistrate First Class but, not being Chief Metropolitan
Magistrate or Chief Judicial Magistrate. And two social workers (one being a woman) with
experience of 7 years in health, education or welfare activities pertaining to children or, a

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practicing professional with a degree in child psychology, psychiatry, sociology or law. And
maximum of 3 years of sentence can be passed.

Secondly if the juvenile is between the age of 16-18, and have committed a heinous crime as
mentioned under Juvenile Justice Act,2015, he will be tried by the Children’s court as an
adult. The children’s court may be an existing court of session, that is dealing with child
specific laws, or special court which is set up for the purpose of dealing with crimes under JJ
Act. And can pass sentence more than 3 years but not death penalty and life imprisonment. If
the child is found guilty of heinous offence, he will be sent the observatory home till 21 years
of age, after he will be sent to jail. The Juvenile Justice Act,2015 also mandates for setting up
of Juvenile Justice Boards and Child Welfare Committees in every district.

Define Sex Indulgence? unrestrained or Is inappropriate desire of sexual activity or desires.

Example the older man lusting over the younger woman. The persons who have sex
experience in their childhood become more tempted to it day by day. indulging in
promiscuous (casual and indiscriminate) sexual relations. lechery. unrestrained indulgence in
sexual activity.

SELF-GOVERNMENT IN PRISON –

 In order to ensure discipline & obedience among inmates’ experiments on self-govt. in

prisons have been carried out in America & elsewhere.
 Under the system, the inmates are to elect some of their colleagues as their representatives
& the entire prison management is run by this elected body of inmates.
 In India, however, the system of self-government in prisons has not been very successful.
The reason is lack of general moral discipline among the criminals who are generally
illiterate persons.
 India has adopted partial self-government system.
 Under these prisoners who have good prison record are attached to work with wardens &
guards of the institution & thus they act as common link between the prison authorities &
the fellow inmates.
 They are extended certain facilities & are even allowed to move out of the prison
occasionally during the course of their work.
 Develops a sense of duty, honesty, trust & loyalty among the prisoners.

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