UNIT - 1

Meaning of Criminology
Criminology is the systematic study of crime, criminals and the intricate web of
factors influencing criminal behaviour within society. This interdisciplinary field
draws from psychology, sociology, law, economics, biology and other sciences to
explore the causes, patterns and consequences of criminal activities. Criminologists
aim to understand why individuals engage in unlawful acts, whether driven by social,
economic, psychological or environmental factors.

They also investigate the functioning of the criminal justice system, including police,
courts and corrections, seeking to improve its effectiveness and fairness. Additionally,
criminology delves into various subfields such as penology, bio-criminology, feminist
criminology and criminalistics, addressing specialised aspects of crime, punishment
and the biological underpinnings of criminal conduct.

Nature of Criminology
Criminology is a dynamic and multifaceted field of study that delves deep into the
understanding of crime, criminals and the criminal justice system. Its nature can be
characterised by several key attributes:

• Interdisciplinary: Criminology is inherently interdisciplinary, drawing on

insights from a wide range of social, behavioural and natural sciences. It
integrates knowledge from sociology, psychology, law, economics,
anthropology, biology and more. This interdisciplinary approach allows
criminologists to gain a holistic understanding of crime and its origins.
• Empirical: Criminology is rooted in empirical research. It places a strong
emphasis on collecting and analysing data to study criminal behaviour, crime
patterns and the effectiveness of various crime prevention and control
strategies. By relying on real-world evidence, criminologists can develop
evidence-based policies and interventions.
• Theoretical: Criminology is heavily theoretical, with various criminological
theories attempting to explain the motivations and causes behind criminal
behaviour. These theories range from classical theories like deterrence to
contemporary ones such as strain theory, social learning theory and routine
activities theory. These theoretical frameworks help criminologists understand
and predict criminal behaviour.
• Applied: Criminology is an applied field. It takes the insights generated
through research and theory and applies them to real-world problems.
Criminologists work collaboratively with law enforcement agencies,
policymakers and other stakeholders to develop practical strategies for crime
prevention and criminal justice improvement.
 • Employs a Scientific Method: Criminology relies on the scientific method,
involving the formulation of hypotheses, data collection, analysis and the
testing of theories. This empirical approach ensures that research in
criminology is conducted rigorously and systematically.
• Policy-Oriented: Criminology often has a policy-oriented focus. Research in
this field has a direct impact on the development and reform of criminal justice
policies. It informs lawmakers, judges, law enforcement agencies and
correctional facilities in making evidence-based decisions.

Scope of Criminology
The scope of criminology is expansive and includes various subfields and areas of
focus:

• Crime Causation: One of the fundamental aspects of criminology is the study of

factors contributing to criminal behaviour. This includes examining the influence of
socioeconomic conditions, socialisation, mental health and even genetic and
neurological factors.
• Criminal Typologies: Criminologists analyse different types of criminals, their
characteristics and the patterns of crimes they commit. This knowledge aids in
tailoring prevention and intervention strategies to specific offender profiles.
• Victimology: Understanding the impact of crime on victims and their experiences is
a crucial component. This knowledge is used to design support systems and services
that cater to the needs of victims.
• Criminal Justice System: Criminology evaluates the functioning of the criminal
justice system, which encompasses the police, courts and correctional institutions. It
assesses the effectiveness and fairness of the system in dealing with crime and
criminals.
• Crime Prevention and Control: Criminologists are actively involved in developing,
implementing and assessing crime prevention strategies. This includes rehabilitation
programs, community policing and measures to reduce recidivism.
• Comparative Criminology: This subfield involves comparing crime rates, criminal
justice policies and cultural differences across different countries and societies. The
aim is to identify effective approaches to crime control and to learn from
international practices.
• Specialised Areas: Criminology also encompasses specialised areas like white-collar
crime, which focuses on non-violent crimes committed by individuals in positions of
trust or authority and cybercrime, which investigates crimes committed in the digital
realm, including hacking, identity theft and online scams.

Pre- classical and Classical theories of crime

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

Pre- Classical School

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

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

Classical School
The pioneers of the classical school of criminology are Cesare Beccaria, Jeremy
Bentham and Romilly. The main belief of this school is that all men are self-seeking
and therefore they tempt to commit the offence. According to this school, men
possess free will and act as per their pleasure and pain
(hedonism). The theory of demonism; act of men under the influence of spirit is
rejected by this school. Beccaria proposed that, punishment of crime should be
proportionate to its seriousness. Beccarias thought was such that, torture was
inappropriate and thus allowed weak to incriminate and the strong would be found
innocent before the adjudication. The ideology of Beccaria is followed by the
classicists, who focus on crime, rather the criminal. The classical school focuses on
the principle of deterrence in place of punishment.

The classical school has come up with three important theories that are still used even
to this day. They are:

Rational Choice Theory

According to this theory, crimes are committed as a result of conscious choice. It is
said that, individuals choose to commit a crime based on their free will decision. As
per this theory, individuals choose to commit a crime when the benefits outweigh the
costs of disobeying the law.

Routine Activities Theory

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

Situational Choice Theory

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

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

This school was started by considering crime as a product of heredity and

environmental factors. The positivist school of criminology is linked with biological,
psychological and sociological theories to criminal behaviour.

Neo-Classical School
According to this theory, there is a difference between total free will and determinism
and argues that, no person has total free will. The neo classical school allows for
mitigating factors to be reviewed by a Judge as per his discretion.

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

Positive theories of crime

Positive School of Criminology

The Positive School of Criminology is a theoretical perspective that emerged in the

late 19th century and gained popularity in the early 20th century. It is based on the
idea that criminal behaviour is determined by biological, psychological, and social
factors, rather than free will or rational decision-making.
The Positive School of Criminology emphasises the importance of empirical research
and scientific methods in understanding criminal behaviour. It views crime as a social
phenomenon that can be explained and predicted through the study of individual and
environmental factors.

Enrico Ferri and Raffaele Garofalo

Enrico Ferri was an Italian criminologist, socialist, and politician who believed that
crime was a social phenomenon that could be explained by environmental and social
factors. He argued that poverty, inequality, and social disorganisation were key
factors that contributed to crime.

Raffaele Garofalo was an Italian jurist and criminologist who believed that criminal
behaviour was determined by biological, psychological, and social factors. He
emphasised the importance of studying individual characteristics such as personality
traits and mental disorders in understanding criminal behaviour.

Constitutionalism
Constitutionalism is a positive theory of crime that suggests that certain physical and
biological traits can predispose individuals to criminal behaviour. This theory
proposes that individuals with certain physical characteristics may be more likely to
engage in criminal behaviour due to their innate traits.

The constitutionalism theory is based on the concept of somatotype, which is the

study of the relationship between body type and behaviour. According to this theory,
there are three basic body types: endomorphs, mesomorphs, and ectomorphs.
Endomorphs are characterised by a round, soft body type, mesomorphs have a
muscular and athletic body type, and ectomorphs have a lean and linear body type.

The constitutionalism theory suggests that individuals with a mesomorphic body type
are more likely to engage in criminal behaviour. This is because mesomorphs are
believed to be more aggressive, impulsive, and prone to risk-taking behaviour. They
also tend to have higher levels of testosterone, which is associated with aggressive
behaviour.
Research studies have shown that there is a correlation between body type and
criminal behaviour. For example, studies have found that individuals with a
mesomorphic body type are more likely to be arrested for violent crimes such as
assault and robbery. In addition, studies have found that individuals with a
mesomorphic body type are more likely to have a criminal record than individuals
with other body types.

However, it is important to note that the constitutionalism theory has been criticised
for its deterministic view of criminal behaviour. Critics argue that the theory
oversimplifies the complex nature of criminal behaviour and ignores the role of social
and environmental factors in shaping behaviour.
Morphological Theory of Crime
Morphological theories of crime, on the other hand, focus on the impact of
environmental factors on criminal behaviour. These theories suggest that social,
economic, and cultural factors can all contribute to criminality. For example, poverty,
unemployment, and lack of education are all environmental factors that have been
linked to higher rates of crime.

Morphological theory of crime is a criminological theory that focuses on the physical

characteristics of individuals and how they relate to criminal behaviour. This theory
suggests that certain physical characteristics, such as facial features or body type,
may predispose individuals to criminal behaviour.

The origins of the morphological theory of crime can be traced back to the work of
Italian physician and criminologist Cesare Lombroso. Lombroso believed that
criminals were a distinct type of human, characterised by physical traits such as large
jaws, sloping foreheads, and prominent cheekbones. He argued that these traits were
evidence of a primitive, atavistic nature and that criminals were biologically different
from non-criminals. While Lombroso's ideas were controversial and have been
largely discredited, the morphological theory of crime has continued to be studied by
criminologists. Some researchers have suggested that certain physical characteristics,
such as low resting heart rate or high levels of testosterone, may be associated with
criminal behaviour.

One of the key challenges in studying the morphological theory of crime is separating
the effects of biology from social and environmental factors. For example, while
some studies have found a link between low resting heart rate and criminal behaviour,
it is unclear whether this is due to a biological predisposition or to other factors, such
as childhood trauma or exposure to violence. Despite these challenges, the
morphological theory of crime remains an area of active research in criminology.
Some researchers have suggested that understanding the biological basis of criminal
behaviour could lead to more effective prevention and treatment strategies.

However, it is important to note that the morphological theory of crime has been
criticised for its potential to reinforce harmful stereotypes and stigmatise certain
groups of people. For example, if certain physical characteristics are associated with
criminal behaviour, this could lead to discrimination against individuals who possess
those characteristics.

Psychological theory of crime

Psychological theory of crime is an approach that seeks to explain criminal behaviour
through the lens of psychological factors. This theory suggests that criminal
behaviour is not solely a result of external factors such as poverty or social inequality,
but rather a complex interplay of cognitive, emotional, and behavioural factors.
One of the key components of the psychological theory of crime is the idea of
personality traits. This theory suggests that certain personality traits, such as
impulsivity, aggression, and low self-control, may increase an individual's likelihood
of engaging in criminal behaviour. Additionally, the theory suggests that certain
environmental factors, such as exposure to violence or trauma, may also contribute to
the development of these personality traits.

Another important aspect of the psychological theory of crime is the concept of

cognitive processes. This theory suggests that criminal behaviour may be influenced
by an individual's decision-making processes, including their beliefs about the
consequences of their actions and their ability to control their behaviour. For
example, an individual who believes that they are unlikely to be caught or punished
for a crime may be more likely to engage in criminal behaviour.

The psychological theory of crime also emphasises the role of emotions in criminal
behaviour. This theory suggests that individuals who experience high levels of
negative emotions, such as anger or frustration, may be more likely to engage in
criminal behaviour as a way of coping with these emotions. Additionally, the theory
suggests that individuals who lack empathy or have difficulty regulating their
emotions may be more likely to engage in violent or aggressive behaviour.

Overall, the psychological theory of crime provides a comprehensive framework for

understanding the complex factors that contribute to criminal behaviour. By
examining the role of personality traits, cognitive processes, and emotions, this
theory offers insights into how individuals become involved in criminal activity and
how this behavior can be prevented or treated.

Psycho-analytic theory of crime

The psychoanalytic theory of crime is a psychological theory that seeks to explain
criminal behaviour through the lens of unconscious mental processes. This theory
emphasises the role of early childhood experiences and unconscious conflicts in
shaping an individual's personality and behaviour.

According to this theory, criminal behaviour is the result of unresolved psychological

conflicts that originate in early childhood experiences. These conflicts are believed to
be repressed into the unconscious mind, where they continue to exert an influence on
an individual's thoughts, feelings, and behaviour.

The psychoanalytic theory of crime is based on the work of Sigmund Freud, who
developed a theory of personality that emphasised the importance of the unconscious
mind. Freud believed that human behaviour is the result of dynamic interactions
between conscious and unconscious mental processes. In the psychoanalytic theory of
crime, criminal behaviour is seen as a manifestation of unconscious conflicts and
repressed desires. For example, an individual who engages in theft may be
unconsciously motivated by a desire for material possessions that were denied to
them in childhood.

The psychoanalytic theory of crime also emphasises the role of defence mechanisms
in shaping an individual's behaviour. Defence mechanisms are unconscious
psychological processes that protect an individual from experiencing anxiety or
emotional distress. For example, an individual who engages in criminal behaviour
may be using defence mechanisms such as denial or rationalisation to justify their
actions. One of the key concepts in the psychoanalytic theory of crime is the Oedipus
complex. According to this concept, all children experience a period of intense
emotional attachment to their opposite-sex parent and rivalry with their same-sex
parent. The resolution of this conflict is believed to shape an individual's personality
and behaviour.

The psychoanalytic theory of crime has been criticised for its lack of empirical
evidence and its focus on internal psychological processes at the expense of external
factors such as poverty and social inequality. However, it continues to be influential
in certain areas of criminology and psychology.

Sociological Theories of Crime

The sociological approaches show how external social factors contribute to the
occurrence of crime in society. These approaches study the reasons for crime external
to individuals, for instance, the society of the person, peer groups, and Family.

1. Social disorganisation theory: This theory used spatial mapping and

examined the residential locations of juveniles appearing in court and found
the rate of delinquency is higher in areas with poor survival conditions, poor
health facilities and socio-economic disorder. This led them to suggest that
crime was part of neighbourhood dynamics and not due to individual actors.
2. Labelling theory: “Once a criminal, always a criminal” The labelling theory
suggests that applying a label, whether that means officially designating a
youth as a “bad kid” or troublemaker” or a mere arrest and incarceration, can
have long-term effects on a person. Contemporary research shows how
labelling can have a profound impact on people and also on juveniles.
3. Right realism/rational choice theory: This approach by criminologists sees
criminals as rational actors. The theory assumes that it is their logical
judgement that results in crime. Such logical judgement is made after
calculating the cost and reward of it. They emphasise punishment as the best
means to deter individuals from committing crimes.
 4. Left realism/relative deprivation: Left realism theory developed as a
response to the influence of right response theory in government policy. Left
realists see society as an unequal capitalistic society but they should not be
confused with Marxist theorists. Left realists use the concept of relative
deprivation to justify and support their view. Relative deprivation is a concept
where a person feels deprived in relation to other people, and this condition can
only be improved by gradual social change.
5. Anomie theory/strain theory: The concept of Anomie has been given by
Durkheim to show the breakage of cultural and social norms and it is often
accompanied by various social changes. This theory says that crime is the
result of an individual’s inability to achieve culturally valued goals (e.g.,
Material wealth, good living standard, Status). The reason for this inability can
be the deprivation of a particular class of individuals from the mainstream of
society, which causes frustration and can often lead to deviant and illegal
behaviours.
6. Social control theory: This theory does not talk about the causes of crime but
instead focuses on why people obey the law. The likelihood of committing a
crime is lower if a person has a strong bond with friends and family. The social
bond of the person prevents him from doing lawless acts. Their behaviour has
been controlled by external factors. It is because the socialisation of the person
has happened in an excellent way and the person has developed a strong
attachment to their loved ones.

Differential Association Theory

Differential association is a theory developed by Edwin Sutherland proposing that
through interaction with others, individuals learn the values, attitudes, techniques,
and motives for criminal behaviour.
Differential association theory suggests that criminal behaviour is learned through
communication and association with other criminals, where techniques and methods
are learnt, as well as new attitudes and motives to commit a crime.

Example - A child grows up in a home where the parents routinely commit criminal
acts. The child would grow up believing these acts are not as wrong as society says.
To illustrate the influence of associations, imagine two boys living in a
neighbourhood conducive to crime. One is outgoing and associates with other
criminals in the area. The other is shy and reserved, so he does not get involved with
criminals.
The first child often sees the older kids engaging in antisocial, criminal behaviours,
such as breaking windows and vandalising buildings. He is encouraged to join them
as he grows, and they teach him how to rob a house.
Sutherlands 9 Points:

1. Criminal behaviour is learned.

2. Criminal behaviour is learned in interaction with other persons in a process of
communication.
3. The principal part of the learning of criminal behaviour occurs within intimate
personal groups.
4. When criminal behaviour is learned, the learning includes techniques of
committing the crime (which are sometimes very complicated, sometimes
simple) and the specific direction of motives, drives, rationalisations, and
attitudes.
5. The specific direction of motives and drives is learned from definitions of the
legal codes as favourable or unfavourable.
6. A person becomes delinquent because of an excess of definitions favourable to
violation of law over definitions unfavourable to violation of the law.
7. Differential associations may vary in frequency, duration, priority, and intensity.
8. The process of learning criminal behaviour by association with criminal and anti-
criminal patterns involves all of the mechanisms that are involved in any other
learning.
9. While criminal behaviour is an expression of general needs and values, it is not
explained by those needs and values, since non-criminal behaviour is an
expression of the same needs and values.

UNIT - 2

Radical Theories of Crime

Radical Theory shows the relationship between crime and law by which the affluent
community in the society use their power in relation to the law in order to rule over
the poor or less fortunate section of the society.

Radical Criminology has been highly criticised as it fails to take other existing
reasons for the existence of crime. It also fails to elaborate on the crime rate being
low in some of the capitalist nations given the fact that radical theory believes
capitalism is always a source of crime. Moreover, there are a lot of countries that
have succeeded in overthrowing capitalism and yet face a high rate of crime.

Characteristics

1. Radical theory is connected to conflict criminology where it focuses on the

Marxist theory and the ruling class.
2. Radical criminology must be anti-statist and anti-capitalist. It must not succumb
to the myth, as libertarians do, that there is an opposition between capitalism and
the state.
3. It considers that the ruling class uses crime as a tool to subjugate the lower class.
4. It is not supported by any of the policies of the government.
5. It rejects all the theories of crimes including psychological and biological theory
as it analyses all groups of people and might label some of them as criminals.
6. It should identify exploitation of labour and stand up with the laws that fight
against anti- vagrancy acts and prison workhouse.
Conflict Theories Vs. Radical Criminology

Radical criminology is, in itself, a conflict ideology. A conflict ideology is one that
bases its perspectives on the belief that those in power in societies define crime as a
way of controlling the lower working class and repressing threats to the power of the
ruling class.
In the view of radical criminology, the problem of crime can be solved by
overthrowing the capitalist system and establishing a society where class and
economic conflict are eliminated (Bernard, 1981).
Social conflict theories share radical criminology’s view that crime is defined by the
laws enacted by those in power seeking to quash behaviour challenging their values
and interests.
However, in divergence from radical criminology, social conflict theories also argue
that this intent in law-making is characteristic of every large and complex society
where there are groups with varying values and interests competing to enact laws
challenging threats to their existence (Bernard, 1981).
Another difference between radical criminology and social conflict theories is their
basis. While radical criminologists have an ideological base for their criminological
principles, social conflict theorists describe their theories as coming from empirically
based sociological studies (Bernard, 1981).

Crimes against children

Children are the most vulnerable and innocent victims of crime. They can be easily
targeted and many a times they being targeted by the known. They can be parents,
relatives, caretakers, guardian or any other who are being appointed to look after
them.

Following are the crimes that are being committed against children and they are as
follows:
Child Abandonment: - It occurs when a parent, guardian or a person in charge of a
child either deserts a child without any regard for the child's safety or welfare of the
child and without considering child's physical health. It includes:
• Unwillingness in providing the care, support or supervision for the child
• Abandoning an infant in a trash cans or at the road side or leaving at some
other doorsteps.
• Being absent from the home for a particular time period, which creates a
substantial risk of serious nature to a child left in the home.
• Making only less efforts to support and communicate with the abandoned child

Statutory Rape or Sexual Assault: - It refers to sexual relations with someone

below the "age of consent" i.e. not in a state of understanding the concept of consent.
In such cases individuals are too young to give the consent and it ultimately results
into child molestation.
Child sexual abuse also known as child molestation is a form of child abuse, where
an adult uses the child for sexual stimulation. It includes engaging a child in sexual
activities, indecent exposure, child grooming, child sexual exploitation or including a
child to produce child pornography. Molestations and rapes are not solely restricted to
any gender at present.
A child irrespective of its gender can be exposed to sexual offences such as
molestation or rape. Such offences might be committed by some outsiders but it is
also committed by a family member, school teacher, friend, house help etc.
Generally, a child fails to comprehend the severity of the nature of the act due to lack
of knowledge. Or sometimes, even the child is going through this pain but the child
stays silent due to the threats given from the perpetrators, or sometimes the family
advises them to be silent for the purpose of maintaining the so-called family honour.
There has been an increase in the sexual offences against a child and the majority of
the cases do not get reported as the family members are concerned with their family
honour or the reputation.

Cruelty:
Basically, cruelty is any act or omission which inflicts mental or physical harm upon
an individual, irrespective of the age, gender, mental capacity etc.

Yelling at a child just to scare him or her can amount to cruelty. Our society feels that
'spare the rod shall spoil a child'. Society is of view that unless parents or guardian
behaves like a martinet with a child, such child shall never be capable of being
disciplined in life. Even educational institutions have the impression that physical
punishment for mistakes is the sole way of inducing discipline within a child. But in
present scenario, cruelty towards child in educational institutions has seen a decline
due to strict legislative enactments. But the domestic abuse of children goes on
unaddressed as they are unaware of their rights. Therefore, cruelty has become an
accepted notion.
Employment of child for begging:
Children are being forcefully employed for the purpose of begging. Employment of
children as beggars exists on a global scale, irrespective of country's economic
scenario. The most shocking factor is that, the child is sometimes being used by his or
her parents to beg for alms. The money that they have received for begging ends up
with those who find a child as a convenient source of earning.

Intoxicating a Child: - Children who fall prey to such kinds of racket, are sometimes
forced to consume intoxicants such as alcohol, drugs, cigarettes etc. so that it
becomes easier for the people i.e. the racket leader to control them and they can in
order to fulfil their greed, they can force the children to do any kind of unlawful
activities.

Child pornography: - It refers to the inducing or coercing a child or indulging a

child in sexually explicit acts and recording them. Such inducing acts can be done by
tempting a minor through monetary or some other means. Child pornography is
banned in all nations and pornographic websites are strictly directed for removal of
any kind of such content which involves a child in it.
The effects of child sexual abuse include depression, anxiety, post-traumatic stress
disorder, as well as some physical injuries. Though physical injuries can be healed
with the passage of time but it takes time to heal with the mental injuries.
Generally, in most of the cases the offender is acquainted with victim. And around
30% of the abuse on children is being done by the family members itself (relatives).

Few reasons for crimes against children are mentioned below:

• Poverty:
Poverty is the main reason which forces many people to choose the path of
crime and somehow, children are the preys to these crimes. Sometimes, due to
the problem of poverty parents often sell their own children just for the sake of
money, in the hands of criminal minded people and then they have to face the
various crimes.
• Lack of awareness and carelessness by parents:
In rural parts of the country there are many poverty-stricken families with
number of children's, which ultimately results into inadequate care to each and
every child and eventually they become the victims of various crimes.
• Society:
Well, society is equally responsible for the increase in crime rate against
children. People who indulge children in such heinous offences, and people
who overlook the crimes taking place etc. are all equally responsible for the
current scenario. And another area of concern is the dramatic increase in the
rape incidents, which is also a serious issue.
• Internet:
Internet has played a major role in increasing the crime rate against children, as
a lot of inappropriate stuff is being provided over there which somehow affects
 the mentality of an individual. So, more care and stricter measures must be
taken so that these types stuffs do not reach the non-desirable audiences.
• Television:
Television has somehow changed the mind set of people. As the crime shows
which are being aired on television. They have their pros and cons. Where
somehow, it focuses on how to be safe and what all is going in the society,
whereas on the other hand, it provides people with criminal mind the new ideas
as how to prey kids.

Crimes against Women

Intimate partner violence refers to behaviour by an intimate partner or ex-partner
that causes physical, sexual or psychological harm, including physical aggression,
sexual coercion, psychological abuse and controlling behaviours. This is one of the
most common forms of violence experienced by women globally. Intimate partner
violence is one of the manifestations of domestic violence.
Domestic violence is violence that occurs within the private, domestic sphere,
generally between individuals who are related through blood or intimacy. Domestic
violence is not confined to women, for example it also includes child abuse and
elderly abuse in the domestic sphere.
Sexual violence is any sort of harmful or unwanted sexual behaviour that is imposed
on someone. It includes acts of abusive sexual contact, forced engagement in sexual
acts, attempted or completed sexual acts with a woman without her consent, sexual
harassment, verbal abuse, threats, exposure, unwanted touching, incest, and others.
Sexual violence can include the following:
• Sexual harassment may involve any conduct of a verbal, nonverbal or
physical nature, including written and electronic communications. Sexual
harassment can take a variety of forms – from looks and words though to
physical contact of a sexual nature. Examples of sexual harassment include
sharing sexual or lewd anecdotes or jokes; unwelcome touching, including
pinching, patting, rubbing, or purposefully brushing up against another person,
repeatedly asking a person for dates or asking for sex and making sexual
comments about appearance, clothing, or body parts, among others.
• Rape is any non-consensual vaginal, anal or oral penetration of a sexual nature
of the body of another person with any bodily part or object, including through
the use of physical violence and by putting the victim in a situation where they
cannot say no or complies because of fear. This can be by any person known or
unknown to the survivor, within marriage and relationships, and during armed
conflict.
 • Corrective rape is a form of rape perpetrated against someone on the basis of
their sexual orientation or gender identity. It is intended to force the victim to
conform to heterosexuality or normative gender identity.
• Sexual violence in conflict: Acts of violence against women include violation
of the human rights of women in situations of armed conflict, such as
systematic rape, sexual slavery and forced pregnancy, as well as forced
sterilisation, coercive/forced use of contraceptives, female infanticide and
prenatal sex selection.
Femicide is the intentional killing of a woman or a girl because she is a woman or a
girl. The gender-related motivation of the killing may range from stereotyped gender
roles, discrimination towards women and girls, to unequal power relations between
women and men in society.
Gender-related killings of women and girls are the most extreme and brutal
manifestation of violence against women. They can take place in a wide range of
situations within the private and public spheres, and within different contexts of
perpetrator–victim relationship. They include for instance cases with previous record
of physical, sexual, or psychological violence/harassment, killings occurring in
situation of trafficking in persons, forced labour or slavery; or killings where the body
of the victim is disposed of in a public space.
Gender-related killings can also include so-called honour killings, which are the
murder of a family member, usually a woman or girl, for the purported reason that the
person has brought dishonour or shame upon the family. These killings often have to
do with sexual purity, and supposed transgressions on the part of female family
members.
Human trafficking is a global crime that trades in people and exploits them for
profit. Physical and sexual abuse, blackmail, emotional manipulation, and the
removal of official documents are used by traffickers to control their victims.
Exploitation can take place in a victim's home country, during migration or in a
foreign country.
Human trafficking has many forms. While men, women and children of all ages and
from all backgrounds can become victims of this crime, women are the primary
targets and girls are mainly trafficked for sexual exploitation.
Female genital mutilation (FGM) refers to all procedures involving partial or total
removal of the female external genitalia or other injury to the female genital organs
for non-medical reasons. It is most often carried out on young girls between infancy
and age 15.
FGM has no health benefits and can lead to serious, long-term complications and
even death. Immediate health risks include haemorrhage, shock, infection, HIV
transmission, urine retention and severe pain. Psychological impacts can range from a
girl losing trust in her caregivers, to longer-term feelings of anxiety and depression.
In adulthood, girls subjected to FGM are more likely to suffer infertility or
complications during childbirth, including postpartum haemorrhage, stillbirth and
early neonatal death.
Child marriage is any marriage where at least one of the parties is under 18 years of
age.
Forced marriage is a marriage in which one and/or both parties have not personally
expressed their full and free consent to the union. A child marriage is considered to be
a form of forced marriage, given that one and/or both parties have not expressed full,
free and informed consent.
It is widely recognised that child marriage is a violation of children’s rights and has
several harmful effects on the lives of children (overwhelmingly girls), including
early and frequent pregnancies, higher risks of maternal mortality and morbidity,
limited decision-making in family matters and school dropout.
Technology-facilitated violence against women is any act that is committed,
assisted, aggravated, or amplified by the use of information communication
technologies or other digital tools, that results in or is likely to result in physical,
sexual, psychological, social, political, or economic harm, or other infringements of
rights and freedoms. It can occur in online spaces, and it can be perpetrated offline
through the use of technological means, such as controlling a woman’s whereabouts
by using a GPS tracker. Technology-facilitated gender-based violence exacerbates
existing forms and patterns of violence against women, such as intimate-partner
violence, and also comes with new forms of violence such as online stalking and
image-based abuse through artificial intelligence like deepfake videos.
While all women and girls who are online or who use digital tools may face violence
online, some groups are at greater risk. These include women who are most visible
online, including women in public life, journalists, human rights defenders,
politicians and feminist activists.
Online violence can include the following:
• Cyberbullying: involves sending intimidating or threatening messages.
• Non-consensual sexting: sending explicit messages or photos without the
recipient’s consent.
• Doxing: public release of private or identifying information about the victim.

Special types of crimes in India

Honour Killing, most often, the murder of a woman or girl by male family
members. The killers justify their actions by claiming that the victim has brought
dishonour upon the family name or prestige.
In patriarchal societies, the activities of girls and women are closely monitored. The
maintenance of a woman’s virginity and “sexual purity” are considered to be the
responsibility of male relatives—first her father and brothers and then her husband.
Victims of honour killings usually are alleged to have engaged in “sexually immoral”
actions, ranging from openly conversing with men who are not related to them to
having sex outside of marriage (even if they are the victims of rape or sexual assault).
However, a woman can be targeted for murder for a variety of other reasons,
including refusing to enter into an arranged marriage or seeking a divorce or
separation—even from an abusive husband. The mere suspicion that a woman has
acted in a manner that could damage her family’s name may trigger an attack; these
assumptions are generally based on men’s feelings and perceptions rather than on
objective truth. Ironically, female relatives often defend the killings and occasionally
help set them up.
In the 21st century, there was an increased international awareness of honour killing,
however, some countries remained reluctant to take the necessary steps to effectively
criminalise it. In the relatively uncommon event that a man was prosecuted for the
killing, the subsequent trial would often focus on the woman’s alleged behaviour,
rather than the violence committed against her. When a man was found guilty, the
defendant could claim that the crime had been committed to restore sullied family
honour and petition the court for a reduced sentence. In India, for example, the
government enacted strict penalties for violence against women during the 1980s.
However, honour killings based on intercaste and inter-religious marriages continued
to take place in rural areas, where they were largely unreported to police because of
direct or indirect support among village residents. Such murders were often ruled as
accidents when reported. A woman beaten, burned, strangled, shot, or stabbed to
death could be ruled a suicide, even if there were multiple wounds and there was no
possibility the woman could have killed herself.

Female Foeticide
Female foeticide is an abortion process in which a female foetus is removed
from the mother's womb before birth, following sex recognition tests such as
an ultrasound scan. In India, female foeticide and even sex recognition tests
are prohibited. It is a source of shame for parents who are desperate for a
son, as well as doctors who perform abortions speci cally for this reason.

Female Foeticide Causes:

However, different locations, faiths, and groups have different causes of
female foeticide, however the following are the most common reasons for
girls child foeticide:

Misuse of Ultrasound Technology

An ultrasound scanning machine can provide a wealth of information about a
foetus's early development during pregnancy. Unfortunately, many IVF
doctors use ultrasound scan technology to check the sex of the baby, which is
against the law and against nature. Many ultrasound test centres charge a lot
of money only to scan foetuses to see if they're a boy or a girl. If they
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and horrible mindset.

Girls are in danger (Eve Teasing)

Our civilisation is also to blame for girl suffocation in the womb. When boys
nd girls alone or in public areas, they tease them. They make derogatory
remarks about their attire, personalities, sexual harassment, acid throwing,
and dating abuse. That is why parents are hesitant to send their daughters
outside the home, to school, colleges, and other institutions as well as
another cities.

Sexual Harassment or Raped

Thousands of women are raped every day around the world, with many of
them being killed. This is also the most common reason for female foeticide.
A Girl Isn't as Strong as a Boy • We believe that girls can't undertake the
same jobs as boys, such as joining the army and police, heavy-duty jobs,
Catholic priests, bus and truck driving, and professional pilots. Girls, on the
other hand, have now conquered the world. They are capable of completing
any work. All we need to do now is give them a chance to demonstrate their
abilities.

Lack of Education:
In countries or regions where illiteracy, lack of education, and knowledge are
high, the female foeticide ratio is higher. Traditional anti-women beliefs and
attitudes are still prevalent. The majority of women are still at home and
occupied with household tasks, and we mistakenly believe that women are
only for housework. She doesn't need any schooling or work experience.

Aborting Female Foetuses Has Long-Term Consequences

For every action, there is an equal and opposite reaction, Newton's Third Law
of Motion reads. The consequences of female foeticide holocaust are far-
reaching. The majority of parents are blinded by their desire for male children
and are unaware of the calamity they inadvertently invite by engaging in
female foeticide.

Female/Women Traf cking:

As the number of girls declines, they become rare in comparison to the
increasing number of males eligible for marriage. As a result, in many areas,
illicit female traf cking has become routine. Women, usually young girls who
have just passed puberty, are pushed to marry. Many young girls are
kidnapped and sold to the highest bidder by their parents. The consequences
of child marriages and pregnancies are terrible. The current and future
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psychological costs of an area participating in the trading of its female
population are worrying.

Population Fall:
Without moms (male or female) to produce children, there will be fewer births,
resulting in a population decline. While population management is a priority
for many countries, including China and India, eliminating one sex is not the
best approach to achieve this aim.

Witch-hunts in India

Witch-hunts are still prevalent in India in the twenty-first century. Those who are
labelled as witches are usually elderly or single women accused of manipulating
supernatural forces with malicious intent. Witch branding occurs predominantly in
rural, poorer areas of the country where there is often a higher concentration of tribal
communities.
Multiple factors can lead to a witchcraft accusation, ranging from crop failure,
financial hardship, and the loss of livestock to the illness or death of family members.
Accusations are often instigated to serve ulterior motives like grabbing the land and
property of a 'witch', settling personal grudges or even as a punishment for turning
down sexual advances. There are also deeper underlying causes of witch hunting,
primarily a lack of education and basic social benefits, particularly healthcare.
The vast majority of witch-hunting victims are women, especially older, single
women of a lower caste, who because of their background are socially marginalised
and are thus more vulnerable to becoming scapegoats for the misfortunes of their
neighbours. Whilst not as common, men can be subjected to witchcraft accusations
especially if they are relatives or family members of an accused witch.

History
Witch-hunting in India is an ancient practice spanning back many centuries with
references to dakini (witches) being found in several early Sanskrit works. However,
unlike the witch trials in Early Modern Europe and Colonial America, where victims
were tried and recorded by state-run judiciaries, detailed records of witch hunts in
India are difficult to find as many hunts were mob-instigated, unofficial incidents that
were publicly tried. For this reason, there is no concrete documented evidence of
witch-hunting in India before the Santhal witch trials of 1792 and the majority of
witch-hunting cases are found in information from the colonial period.
 Other types
Organised Crime
Organised crime, complex of highly centralised enterprises set up for the purpose of
engaging in illegal activities. Such organisations engage in offences such as cargo
theft, fraud, robbery, kidnapping for ransom, and the demanding of “protection”
payments. The principal source of income for these criminal syndicates is the supply
of goods and services that are illegal but for which there is continued public demand,
such as drugs, prostitution, loan-sharking (i.e., usury), and gambling.
1940s–1980s
Karim Lala and his family members' groups operated in the Bombay docks. They
were often called "Afghan mafia" or "Pathan mafia", terms coined by Bombay law
enforcement because the majority of this crime syndicate's members were ethnic
Pashtuns from Afghanistan's Kunar province. They were especially involved in
hashish trafficking, protection rackets, extortion, illegal gambling, gold smuggling,
and contract killings and held a firm stranglehold over parts of Mumbai's underworld.
Lala controlled bootlegging and gambling in the city in 1940, and was the undisputed
king of the trade until 1985.
1980s–present
D-Company is the organised crime group controlled by Dawood Ibrahim which
originated in Mumbai. It has been argued that the D-Company is not a stereotypical
organised crime cartel in the strict sense of the word, but rather a collusion of
criminal terrorist groups based around Ibrahim's personal control and leadership.
Ibrahim is currently on Interpol's wanted list for cheating, criminal conspiracy, and
running an organised crime syndicate, and in 2008 he was number two on Forbes' list
of The World's 10 Most Wanted. He is accused of heading an illegal empire against
India and Indians. After the 1993 Bombay bombings, which Ibrahim allegedly
organised and financed with Tiger Memon, both men became part of India's most
wanted. According to the United States Department of the Treasury, Ibrahim may
have had ties with Osama bin Laden

Chotta Rajan is the boss of a major crime syndicate based in Mumbai. He was a
former key aide and lieutenant of Dawood Ibrahim. Starting as a petty thief and
bootlegger working for Rajan Nair, also known as Bada Rajan, Chota Rajan took the
reins of Bada Rajan's gang after Bada Rajan's murder. Later, he was affiliated with
and operated at the behest of Dawood in Mumbai and eventually fled India to Dubai
in 1988. He is wanted for many criminal cases that include extortion, murder,
smuggling, drug trafficking, and film finance. His brother is said to produce films
financed by Rajan.
Organised crime in Goa
Several local Indian, Russian, Israeli and Nigerian criminal groups are reported to be
heavily involved in the organised drug trade in Goa, one of the smallest states of
India. Sources reveal that there are also individual players who are British, French,
Italian, Portuguese, and of other European nationalities. Some have been visiting the
state for over two decades and have their fixed international and local clientele. Goa
has, in recent days, become a principal hub of the international drug trade apart from
being a key point of consumption.

Chaddi Baniyan Gangs

The Chaddi Baniyan Gangs (also known as the Kachcha Baniyan Gangs) are
criminal groups operating in parts of India. Gang members perform attacks while
wearing only their underwear, which is the source of their name (in the local
languages, chaddi, or kachcha are underpants and baniyan is undershirts). In addition
to wearing undergarments, members wear face masks and cover themselves in oil or
mud to protect their identities.
The gangs tend to move in groups of 5-10 people, and wear a kurta and lungi. During
the day, they gather at transport hubs or disused urban spaces. They conceal
themselves as beggars or common labourers to identify potential houses to rob.
Before moving on to a different town, the gangs attempt to steal from multiple
homes.

Kala Kachcha Gangs

Kala Kachcha Gangs (also known as Kale-Kachchewale or Kale Kachcha Gangs)
refers to certain organised criminal gangs in Punjab, India. The Kala Kachcha gang
members are robbers and dacoits, who don police uniform or 'Kale Kachcha' (black
underpants) to evade detection. They put grease on their body as lubricant.
There are many such gangs suspected to be active in Punjab. They usually target
families living at isolated places in the countryside and always thrash their victims
before robbing them. They sometimes rape the victims they rob. In 2014, the Mohali
police busted one such gang who allegedly carried out a spate of dacoities in the
district in June and July. Twelve of them were arrested while planning another
dacoity in an abandoned factory.

White Collar Crime

Meaning of White Collar Crime
It is defined as an illegal act committed by a person of the higher socio-economic
class of a society during the course of his or her profession or occupational activities.
Causes for white collar crimes
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.
Types of white collar crimes
• Bank fraud – is when a person illegally withdraws money or assets by falsely
representing himself or herself in front of the bank. This is punishable under
Section 403, 405, 415 etc. of the Indian Penal Code, 1860.
• Tax evasion - is a crime where one person changes their states of affairs to
avoid applying tax. It can be done by a company, individual or trusts and the
same is punishable under the Income Tax Act, 1961.
• Embezzlement - is an act where a person who is entrusted with money uses it
for unintended purposes and this is punishable under Section 403 of the Indian
Penal Code, 1860.
• Fraud – is when individuals use false documents or use illegal means to obtain
compensation or insurance money by burning down their property or causing
harm to themselves on purpose, etc.
• Bribery- is when one person gives money or kind to get a certain job done for
them.
• Money Laundering - is the process by which a person converts his or her
illegal money into legal money hiding it in plain sight.
Legislations that help curb white collar crime in India are The Companies Act 1960,
The Income Tax Act 1961, Indian Penal Code 1860, The Prevention of Corruption
Act 1988, The Prevention of Money Laundering Act 2002 & The Special Court Act
1992.

Victims of crime and victim compensation, restitution

Who is a victim of crime

• Any person, group, or entity who have suffered harm, injury or loss due to
illegal activities of others. The harm may be economical, mental, or physical.
• Thus any person who has suffered harm because of violation of criminal law is
a victim.
• A person will be considered as a victim even when the offender is not
identified or prosecuted. Term victim also includes individuals who have
suffered harm as a result of assisting victims in distress or to prevent
victimisation.
• Not only the person who suffered loss or injury are the victim, but in some
cases, the near and dear of victims (family members) are also the victims.
How can the compensation be sought
The compensation has to be ordered by the court. Compensation can be sought
through the procedure established by the court. Compensation is awarded for material
as well as non-material damages.
Material damages include medical expenses, loss of livelihood, etc. Non-material
damages include pain, suffering, mental trauma, etc. In criminal cases, the victims
can directly apply for the compensation, and it is the duty of the lawyer representing
the victim to demand such compensation.
WHERE CONVICTION AND FINE IS PART OF THE SENTENCE
When an accused is proven guilty, and the court passes an order which contains a fine
of any denomination, the court can order such fine or any part of it to be paid to the
victim of crime. The fine imposed is utilised to compensate the victim of fine in the
following ways.
1. Compensating for the expenses incurred during litigation
• This is the essential relief which a victim of a crime must get. Litigation costs
in India are very arbitrary. The lawyer charges hefty amount. Getting justice at
times adds to the burden of the victim itself. Instead of getting justice, the
victim is trapped in the honeycomb of justice delivery system.
• The court knows this fact and thus, compensate victim by providing them the
expenses incurred during litigation.

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

• If the court is of the view that, the compensation sought is beyond the
jurisdiction of the court, the court itself orders the appropriate court to look
into the matter.
• In the payment to any person of compensation for any loss or injury caused by
the offence, when compensation is, in the opinion of the Court, recoverable by
such person in a Civil Court.

3. Compensation in case of death

• It is the family of the victim. Think of the mental trauma they might have gone
through. Medical expenses incurred, expenses during last rites.
• The Court is well aware of such situation. Therefore, the legislature and the
judiciary tied their hands to do complete justice.
• Victims are entitled to recover damages from the person sentenced for the loss
resulting to them from such death. When any person is convicted of any
offence for having caused the lives of another person or of having abetted the
commission of such a crime.
 4. Compensation of victim of crime in offences like theft, cheating, criminal
breach of trust, etc
In cases of crime such as theft, cheating, criminal breach of trust, criminal
misappropriation, the Court either tries for recovery of goods and in the case where
recovery is not possible court orders for compensation for the price of such goods.

COMPENSATION WHERE FINE IS NOT A PART OF THE SENTENCE

The accused person in such case may be ordered by the court to pay a certain sum as
compensation to the victim of crime who suffered loss or injury. Indian legal system
is victim friendly. Victim’s rights are kept at the top of the priority list.
When a Court imposes a sentence, of which fine does not form a part, the Court may,
when passing judgment, order the accused person to pay, by way of compensation,
such amount as may be specified in the order to the person who has suffered any loss
or injury by reason of the act for which the accused person has been so sentenced.
VICTIM COMPENSATION SCHEME
In 2009, the central government gave directions to every state to prepare a scheme
which has to be in agreement with the centre’s scheme for victim compensation. The
primary purpose of the scheme is to provide funds for the purpose of compensation to
the victim or his dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation.

What Is Restitution?

Restitution involves the court, as part of a sentence in a criminal case, ordering a

defendant to compensate the victim for losses suffered as a result of the crime. All
states have laws providing that convicted defendants pay restitution to their victims.
Public policy favours imposing restitution as part of a sentence to force the offender
to answer directly for the consequences of the crime.
Courts are required to consider restitution as part of any sentence, including plea
bargains, even when the victim doesn't request it. When a judge doesn't order
restitution or orders only partial restitution, many states require that judge to provide
a justification on the record.
When Is Restitution Ordered?
Restitution is included as part of a sentence in a criminal case when:
• the court considers it necessary for rehabilitation
• it's needed to make the victim "whole," and
• the victim's financial losses are directly related to the defendant's crime.
Restitution is almost always part of the sentence in theft or fraud cases; the court
directs the defendant to pay back the amount stolen. In addition, many states require
mandatory restitution for certain offences, such as crimes against the elderly,
domestic violence, sexual assault, hate crimes, child abuse, child sexual abuse, drunk
driving, and identity fraud.

Who Is Eligible for Restitution?

The laws that authorise the payment of restitution to crime victims also define who
exactly that victim is.

Direct victims. Generally, restitution is paid to the person who directly suffers injury
or loss as a result of the defendant's crime, such as the assault or robbery victim.
Indirect victims. In some cases, the law allows compensation to indirect victims. For
instance, in a murder case, the surviving family members of the murder victim are
eligible to receive restitution.

Third parties. Many states authorise restitution to any entity that has provided
recovery to the victim as a collateral source, such as victim compensation programs,
government entities, and victim service agencies. A few states even allow restitution
to creditors.

The government. When there's no identifiable victim of a crime, the defendant

cannot be ordered to pay restitution as part of his or her sentence. For example, a
defendant convicted of possessing a fraudulent identification in the name of Ned
Nobody can't be ordered to pay restitution to Mr. Nobody if Mr. Nobody doesn't
exist. However, in some jurisdictions, the government and society at large would be
considered the victim of these "victimless" crimes (especially drug offences,
prostitution, and welfare fraud), and defendants could be ordered to pay restitution to
reimburse agencies for money expended to investigate the crime.
What Expenses Does Restitution Cover?
Restitution can be ordered to reimburse a victim for a variety of expenses related to a
crime. While provisions vary from state to state, the following can typically be
considered in calculating restitution amounts:
Funeral expenses. All expenses associated with the funeral and estate closing costs
are usually considered appropriate for restitution in homicide cases.
Lost wages. If a victim missed work because of injuries from a criminal act or
because of participation in the court process, the victim can ask to be compensated
for these lost wages. In some states, defendants can even be required to compensate
victims for any vacation time or sick time used for recovery or court attendance.
Victims who are self-employed stand to lose far more from not being able to work, so
they can ask for restitution for lost profits.
Medical and counselling expenses. Medical expenses such as hospital costs,
physical therapy, and rehabilitation care are generally included. Most states allow
restitution to cover counselling expenses for victims, which can sometimes include
counselling of victims' family members in homicide cases.
Lost or damaged property. Courts can order restitution for the replacement or repair
value of stolen property that cannot be returned and for the cost of any property
damage. In the event that specialised cleanup is required (such as removal of
biohazard waste from a homicide scene or meth house), these expenses can be
included in restitution amounts.
Other direct out-of-pocket expenses. The court can order restitution for any other
out-of-pocket expenses incurred directly because of the crime, such as increased
insurance premiums in a burglary case or expenses for correcting a victim's credit
history in an identity theft case.
 UNIT - 3
Punishment
A penalty (as a fine or imprisonment) inflicted on an offender through the judicial and
especially criminal process see also cruel and unusual punishment.

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.

Types

Kinds of Punishments are: –

1. Death / Capital Punishment
2. Imprisonment
3. Imprisonment for life
4. Rigorous
5. Simple
6. Forfeiture of property
7. Fine
Capital Punishment: – The in icting of death by an authority for serious
offences is known as capital punishment, and it is the most controversial
topic among modern criminologists. It is only granted in the “rarest of rare
cases” under the Indian Penal Code.

Rigorous Imprisonment: – Generally, it means ‘hard labour’. In this type of

imprisonment, the offender is compelled to do hard labour or hard work in
the jail such as grinding corn, dig the earth, drawing water, etc.
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 Simple Imprisonment: – In this type of imprisonment the offender is
con ned to jail simply and he is not compelled to do any kind of work but
they can be asked to labor for pay at a job of their choosing.

Solitary Con nement: – It means keeping a person isolated from any kind of
contact with the outside world. It contradicts the idea that an impression of
beauty could have an impact on the offender’s thoughts and cause him to
modify his behaviour. This type is punishment is now abolished.

Forfeiture of Property: – In dictionaries, the term “forfeiture” refers to

something that is lost or renounce as a penalty, while “forfeiture of property”
refers to the loss of property or money due to a breach of a legal obligation.

Fine: – In general, a ne is the imposition of monetary duty on an accused as

a result of the offence committed by him. Some offences carry a ne as well as
imprisonment. The amount of the ne is determined by the court’s orders.

Theories of Punishment
1. Deterrent Theory:
Punishment is primarily said to be deterrent when its object is to show the
futility of crime and to teach the wrongdoer. According to this theory, the object
of punishment is to show that crime is never pro table to the offender. The
idea behind this punishment is to in ict exemplary sentence on the offender. It
is just to create fear in the minds of the offender so that they think thrice before
committing any wrongful act. It is a game of fear psychology only to deter the
offender from committing crime. However, this theory of punishment fails to
achieve its goal when it comes to hard-core criminals because they have no
fear of punishment.

2. Preventive Theory:
If on one end the aim of deterrent theory is to create fear and to put an end to
the crime, on the other end is the preventive theory which aims at preventing
crime by disabling the criminal, for example, by in icting death penalty on the
criminal. Or by con ning him in prison.
Preventive mode of punishment works in three ways:
a. By inspiring all prospective wrong-doers with the fear of punishment.
b. By disabling the wrong-doer from committing any crime.
c. By transforming the offender by way of rehabilitation or by the process of
transformation and reformation so that the crime is not committed again.
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 3. Reformative Theory
According to this theory, a crime is usually committed as the result of con ict
between the character and motive of the criminal. It may be taken into
consideration that one may commit a crime either because the temptation of
the motive is stronger or because the restraint imposed by the character is
weaker. Reformative theory considers punishment to be curative more than to
be deterrent. According to this theory, crime is like a disease which cannot be
cured by killing rather than curing it with the medicine with the help of process
of reformation.

4. Retributive Theory
Basically retribution means that the wrongdoer pays for his wrongdoing.
However, state considers it necessary to in ict pain upon the wrongdoer in
order to prevent vengeance. According to this theory, an evil should be
returned for evil and an eye for an eye and a tooth for a tooth which is deemed
to be rule of natural justice. The retributive theory ignores the causes of the
crime, and it does not strike to the removal of the causes. It is quite possible
that the criminal is as much a victim of circumstances as the victim himself
might have been. This theory ignores that if the vengeance is the spirit of
punishment, violence will be a way of prison life.

Non- institutional Treatment of Offenders

The word probation is derived from the Latin word ‘probare’, which means ‘to test’
or ‘to prove’. It is an alternative method of correction which is non-custodial. If it is
established that incarceration is not suitable for the offender, then the offender can be
released into his community under the supervision of probation officers, instead of
being imprisoned.
Release on probation of good conduct
1. Any person who is not below the age of twenty-one and is convicted of a crime
for which the punishment is either imprisonment of seven years or a fine,
2. or any person below the age of twenty-one or any woman convicted of an
offence that is not punishable with life imprisonment or death penalty and the
offender has not been convicted in the past,
3. and appears before the court, the court may release the offender on the promise
of good behaviour or good conduct, on entering into a bond with or without
sureties, to serve the sentence if called by the court during the fixed period.
Release after warning
1. The offender has not been convicted in the past.
2. The offence for which he is convicted is theft, theft in a building or dishonest
misappropriation or any offence under IPC that is punishable with
imprisonment of not more than two years or with a fine only.
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Special reasons for not granting probation
If the court does not award probation, the reason for not providing probation to the
offender must be expressly stated in the judgment, whether it’s as per CrPC,
Probation of Offenders Act, Children Act or any such law.
Probation of Offenders Act, 1958
In this Act, the provision of release on warning is provided by Section 3 and the
provision of probation of good conduct is provided by Section 4, and the terms are
the same as the ones in Section 360 of CrPC.
Section 5 of the Act permits the court, if it is found suitable, to direct the offender to
pay compensation to the victim for the loss or injury incurred to him or even the cost
of the legal proceedings.
Section 6 of the Act deals with offenders below the age of 21. This Section states the
following :
• The court has to first see whether Section 3 or Section 4 of the Act is
applicable for the offender under the age of 21. For that, the court has to call
for the report of the probation officer, which is mandatory.
• On receiving the report, the court can decide whether the provisions are
applicable or not.
• If the court doesn’t grant probation, it must explicitly state the reasons for not
doing so.
Section 7 of the Act states that the report of the probation officer is meant to be
confidential. Such a report is only mandatory while dealing with offenders under the
age of 21.

Meaning of parole
The word ‘parole’ originates from the French phrase “je donne ma
parole”, which means “I give my word”. Like probation, the
objective of parole is to allow the prisoner to redeem himself. But
parole is a form of release that is applicable only for offenders who
are undergoing their prison sentence.

Refusal of parole
The following are the types of offenders who cannot be granted
parole:
• Who are not citizens of India.
• Convicted for crimes that pose a threat to national security.
• Convicted for crimes against the State.
 • Violation of disciplinary rules in prison.

Types of paroles
There are mainly two types of parole, which are custody parole and
regular parole.
Custody parole
Custody parole is also called emergency parole. It is granted for
fourteen days for reasons like the death of close family members
like grandparents, parents, siblings, children, spouse, for the
marriage of a family member like that of a sibling or son or
daughter, etc.
Regular parole
Regular parole is granted for a maximum period of one month,
usually for offenders who have served at least one year of their
sentence. It is granted for reasons similar to the following:
• Due to any family member being seriously ill.
• Death or accident of a family member.
• When the convict’s wife has given birth.
• To maintain familial ties.
• When there has been serious damage to the life and property
of his family due to any natural calamity.
• To file for a special leave petition.

Procedure
On the filing of a petition for parole, usually the Superintendent of
the jail requests a report from the police station which arrested the
convict. The report, along with all the necessary documents
required for the justification of the request for parole and the
recommendation of the Superintendent, is submitted before the
Deputy Secretary, Home (General), State Government, and he
decides whether the convict must be granted parole or not.
In some states, the above mentioned documents are sent to the
Inspector General of the Prison and he then sends them to the
District Magistrate. The District Magistrate, on the consultation of
the state government, decides whether or not parole has to be
granted.
Distinction between probation and parole
Probation is granted to offenders who are Parole is a temporary release for
released into the community under prisoners and comes with conditions
supervision, instead of being to be followed by the prisoner during
imprisoned that period.

Probation refers to the judgement given parole is just an arrangement of the

by the court to convicts. temporary release of prisoners.

Probation is an alternative form of Parole is not an alternative to

penalty granted instead of imprisonment.
imprisonment, but parole is granted
during imprisonment.

Probation is pronounced by the court. Parole in India is usually decided by the

Probation is judicial in nature Deputy Secretary of the Home
Ministry of the State or by the DM.

Probation is granted before the parole is granted after the prisoner

convict undergoes imprisonment undergoes a minimum period of
imprisonment.

Probation is not granted to offenders who Parole is granted to offenders undergoing

have been imprisoned or convicted imprisonment.
before.

When an offender who has been released violating the conditions of parole sends a
on probation, defaults on any convict back into prison to resume
conditions of probation, he is the imprisonment based on the
resentenced to prison for a particular original judgment.
period of time.
 Probation is the first stage in the parole is in the last stage after the
correctional system of an offender. offender undergoes a period of
punishment.

What is temporary release?

Temporary release is short-term release from prison, where you have to return after a
set time.
There are two types of temporary release:
• Temporary release from custody – this means you’re released unsupervised,
but must return within a certain time.
• Temporary removal from prison – this is where you leave the prison but are
supervised by a prison officer or probation officer.

What can I get temporary release for?

You can get temporary release for a range of reasons, including for example:
• visiting family or close friends who are seriously ill
• working or job training, or going to a job interview
• going to rehabilitation or reintegration assessments or activities
• restorative justice meetings
• family group conferences
• medical or dental appointments that you can’t get in prison
• giving birth or being at your child’s birth, or visiting your newborn child

What conditions will there be?

If you’re given temporary release, there will usually be conditions that you:
• don’t drive
• don’t have contact with any victims of your offending, anyone with a family
violence protection order against you, and sometimes other specified people
• don’t have any alcohol or drugs
• you may be subject to electronic monitoring (e.g. an electronic monitoring
bracelet).
• There will probably be other conditions as well. Your sponsor will be told in
writing about the conditions and about what to do if they’re concerned about
you.
 UNIT - 4

Probation of Offender Act, 1958

The Probation of Offenders Act, 1958 is based on the individualistic approach to the
convicts and dealing with young offenders in an amicable manner. It is believed that
young offenders can be stopped from becoming habitual offenders if probation is
allowed to them. The Act aims to provide for the release of offenders on probation or
upon due admonition and all the matters connected therewith. It contains 19 sections
and extends to the whole of India except the State of Jammu and Kashmir. The Act
aims to provide a reformative system of reform of offenders and convert them into
useful and law-abiding citizens of the country.
Salient Features
The salient features of the Act are as follows:
• The Probation of Offenders Act, 1958 is enacted with an aim to yield a
mechanism where the amateur and first-time offenders are able to reform and
are kept away from the negative influence of the jails and hardened criminals.
• The Act provides for the release of first-time offenders after due admonition
for convicts punishable under Section 379, Section 380, Section 381, Section
404 and Section 420 of Code of Criminal Procedure and also to those who are
punishable for imprisonment of 2 years or with fine or both.
• The Act authorises the release of offenders on probation based on good
conduct, provided the offence alleged to have been committed by the offenders
is not punishable with life imprisonment or the death penalty.
• The Act empowers the Court to give orders for payment of a reasonable sum to
the victim for the injury caused to him and the cost of the proceedings by the
offender.
• The Act protects those offenders who are below the age of 21 years from the
sentence of imprisonment. However, this rule does not apply to those who are
offenders punishable with life imprisonment.
• The Act empowers the Courts to set the conditions in the bond for a person
released on probation and to extend the period of probation not exceeding 3
years from the original order.
• The Act entrusts the probation officers to supervise the probationers assigned
to him and help them in reformation and employment.

The objective of the Act - The paramount objective of the Act is to prevent
young offenders from converting into habitual offenders. Prior to this Act, there were
no laws on probation in India or in the States. Hence, this Act provides uniform
provisions on the release of offenders on probation in India. There has been a need to
develop a reformative structure and a rehabilitation mechanism in the criminal
jurisprudence for the offenders and make them self sufficient and responsible citizens
of the society. Imprisonment has an adverse impact on the mental situation of the
convict which restricts his opportunity to improve. The Act intents to provide the
offender with the possibility and scope of improving his behaviour and conduct so as
to lead a respectful life thereafter.

Important Provisions of the Act

Section 3 – Warning
Section 3 deals with the power of the courts to release offenders on admonition. The
admonition is nothing but reprimand. This Section empowers the courts to release the
offenders where the offenders are released without undergoing the penalty prescribed
by the Indian Penal Code or any other relevant law. However, an offender is eligible
for release under this Section only if the following requisites are observed:

1. The person is guilty under Section 379 or Section 380 or Section 381 or
Section 404 or Section 420 of Indian Penal Code, or
2. The person is guilty of any offence punishable with imprisonment not
exceeding 2 years or with fine, or with both under the Indian Penal Code or
any other law and
3. No previous convictions are proved against such persons, and
4. The nature of the offence and the character of the offender is taken into
consideration.
Section 4 – Probation of Good Conduct
Section 4 of the Act is the most important provision. It lays down that an offender can
be released on probation of good conduct without the sentence of imprisonment by
the court. The following points are applicable for this provision:
1. This Section is not applicable to any person who is convicted with either life
imprisonment or death penalty for the offence committed by him.
2. The Court shall consider the nature of the offence committed by such person as
well as the character of the person while considering whether the person is
eligible to be released on probation of good conduct.
3. Without sentencing the offender for any punishment, the court may release the
offender on probation of good conduct.
4. This Section empowers the court to give directions to execute a bond, with or
without sureties, to appear before the court when called and receive the
sentence given to him by the court.
5. This shall be done within such a period which shall not exceed 3 years.
 6. The Court shall consider the report of the Probation Officer before making an
order for probation. However, such a report is not mandatory.
Section 5 – Compensation and Costs
Section 5 states that along with the orders under Section 3 and Section 4, the court
can furnish an additional order directing the offender released after due admonition or
released on probation of good conduct to pay:
• Compensation, as the courts think, shall be reasonable for any loss or injury
caused to the victim due to the offender
• Costs of the proceedings
Section 14 – Duties of Probation Officers
Section 14 deals with the duties of a probation officer. These duties are subject to the
restrictions and conditions laid down by the court in specific orders:
1. Inquire with the suitable circumstances and surroundings of the house of the
probationer and submit a report to the court;
2. Supervise the probationers placed under him and help them to find
employment;
3. Advice and assist the offenders in payment of costs and compensation;
4. Advice and assist the offenders released under Section 4;
5. Perform prescribed duties.

Juvenile Justice (Care and Protection of Children) Act, 2000

Taking a cue from all these developments, the government recast the JJA so that it
could be in consonance with the CRC and brought in a new Act, the 2000 Juvenile
Justice (Care & Protection of Children) Act. The passing of this Act endorsed the
“justice” as well as the “rights” approach towards children and moreover made use of
a better terminology by providing for “juveniles in conflict with law” and “children in
need of care and protection”.
Children in need of care and protection cover a range of ‘at risk’ children to be dealt
by child welfare committee. While dealing with juveniles and children, it gave
importance to their respective families for tendering of advice and counselling. It
furthermore introduced a wide range of community placement options for juveniles
and children. The 2000 Act, though passed with good intentions, overlooked the
inclusion of certain substantive and procedural due process rights.

Key Issues and Analysis

The Title of the Act stresses on the need for care and protection to both
categories of children· Uniform age for both boys and girls – any child who
 has not completed the age of 18 fall within the jurisdiction of the Act to
comply with the CRC de nition of the child· Separation of child in need of
care and protection and child in con ict with law·
Constitution of Child Welfare Committees to deal with children in need of
care and protection and Juvenile Justice Boards to handle children in con ict
with law
The category of children in need of care and protection has been expanded
to include victims of armed con ict, natural calamity, civil commotion, child
who is found vulnerable and likely to be inducted into drug abuse·
More legal protection assured for the child in con ict with law – detention to
be resorted to as the last option, disquali cation of past records and privacy
maintained.

Who is a Juvenile?
As per law, a juvenile is any individual below the age of 18.
• According to laws in India, any child below the age of 7 cannot be
convicted under any law for any crime.
• Under earlier laws, the distinction between children in con ict with the
law and children in need of care and protection was vague, as both
were termed juveniles.
• In the amended law (2015 Act), the terms are ‘children in con ict with
the law’ and ‘children in need of care and protection’; so that the
distinction is clear.

Juvenile Justice (Care and Protection of Children)

Amendment Bill, 2015
Reasons for amending the 2000 Act:
• The government amended the existing law dealing with children in
con ict with the law citing implementational issues and procedural
delays with adoption, etc.
• The government also cited gures from the National Crime Records
Bureau to show that there had been a hike in the number of juveniles
committing crimes, particularly in the age bracket of 16 to 18 years.
• In the 2000 Act, there was no distinction between children in con ict
with the law and children in need of care and protection. The amended
act changed that.
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 • The 2000 Act also did not have provisions for the reporting of
abandoned or lost children to the appropriate authorities, in order to
ensure their protection and care.
• The amendment in the 2000 law came about because of public outrage
at the infamous Delhi gang-rape case (Nirbhaya Case) in 2012. One of
the offenders in the case was a 17-year-old.
• The legislation strives to achieve a balance between child rights and
justice by not sentencing juveniles to the death sentence and life
imprisonment.

Juvenile Justice Act Features

The JJA, 2015 introduced many changes to the existing law based on the
requirements of the day in terms of reforming the laws and making the juvenile
justice system more responsive to the changing circumstances of society. The Act
seeks to hold the child accused of crime accountable, not through punishments, but
through counselling.
• The Act amended in 2015 changed the nomenclature of ‘juvenile’ to ‘child’ and
‘child in conflict with the law’.
• The Act defines orphaned, surrendered and abandoned children.
• It also gives definitions for petty, serious and heinous crimes by children.
◦ A heinous offence is one that attracts a maximum punishment of 7 years’
imprisonment under any existing law.
◦ A serious offence is one that attracts imprisonment of 3 to 7 years.
◦ A petty offence is one that attracts a maximum of 3 years’ imprisonment.
• The Act gives more clarity on the functions and powers of the Juvenile Justice
Board and the Child Welfare Commission.
◦ Juvenile Justice Board:
▪ This is a judiciary body before which children detained or accused
of a crime are brought.
▪ This acts as a separate court for juveniles since they are not to be
taken to a regular criminal court.
▪ The Board comprises of a judicial magistrate of the first class and
two social workers, one of whom at least should be a woman.
▪ The Board is meant to be a child-friendly place and not
intimidating for the child.
◦ Child Welfare Committee:
▪ The State Governments set up these committees in districts
in accordance with the provisions of the Act.
 ▪ The Committees have the power to dispose of cases for the
care, protection, treatment, development and rehabilitation
of the children in need of care and protection, as well as to
provide for their basic needs and protection.
• The Act provides for an ef cient and organised system for the adoption
of orphaned, surrendered and abandoned children.
• It also makes it compulsory for all child care institutions to be registered.
• An important provision of the amended Act is that it provides for minors
in the age group 16 – 18 years to be treated as adults in the case of
heinous crimes.
• The Act also gives the Central Adoption Resource Authority (CARA)
statutory status.
• The Act distinguishes between children in con ict with the law and
children in need of care and protection.

Juvenile Delinquency, Juvenile Institutional and Non-

institutional Services
Juvenile Delinquency
The meaning of juvenile delinquency is the engagement of illegal behaviour by
minors who have not reached the statutory age of majority. In most states, that age is
18 years old.
Most offences committed by juveniles are less serious, such as bunking schools,
curfew violations, and underage drinking. These are usually considered status
offences and not juvenile delinquency. However, juveniles can also be charged with
more serious crimes, such as murder, rape, or robbery. These would be considered
juvenile delinquency. The consequences of a juvenile delinquency conviction can be
harsh, including jail time, fines, and a criminal record.
But not all minors who break the law are treated equally. There's a big difference
between the juvenile justice system and the adult criminal justice system. The
juvenile system is known to focus more on rehabilitation than on punishment.

Preventive programmes for juvenile delinquency

Education
Education is essential to shape a person’s life. If quality education is imparted to the
children and youngsters, they can become assets for the country and contribute
towards its growth and development. The aim of every government must be to
provide quality education and guidance to its younger generation.
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Recreational activities
Recreational and fun activities can contribute towards the growth of children and help
in preventing delinquent behaviour. With the help of these activities, children can be
engaged in fun yet intellectual activities which will also give them a chance to
interact with peers, counsellors, teachers, businessmen, motivational speakers, and
other eminent personalities. These people can help them understand how to
differentiate between right and wrong.
Parent-children interaction
Children are usually sensitive by nature. It is important that their parents interact with
them and create a friendly environment at homes where they are not hesitant or
scared to share their problems, thoughts and opinions. They must not be abused or
harassed in any manner because if done so, it would have a negative impact on their
mental growth.
Community services
Children must be engaged in community services like helping people in need through
youth groups, and NGOs. It would also imbibe in them the values of helping and
respecting each other, honesty, and truthfulness, and make them responsible citizens.
Anti-ragging programmes or anti-bullying programmes
Ragging or bullying had negative and adverse effects on the minds of children.
Initiatives were taken by the government to stop these activities.The Central Board of
Secondary Education in India issued guidelines to schools to establish a committee to
ensure an anti-ragging culture in schools and that there must be a counsellor in every
school.

Rehabilitation of delinquent juveniles

The main objective of the juvenile justice system in the country is to restore and
rehabilitate young offenders back into society as sober citizens. Thus, the treatment of
juveniles becomes important. The Act provides that no child will be subject to any
cruelty, abuse, or harsh treatment and establishes institutions like observation homes,
shelter homes, etc. for their reformation. The following institutions can be helpful to
achieve the purpose:
Observation homes
Juveniles in custody during the inquiry or pendency of trial are to be kept in
observation homes. These homes provide for the treatment of juveniles and children
who are in need of care.
Special homes
A special home is to be established by the state government in every district for the
juveniles and those who have been ordered to live in these homes by the juvenile
justice board during their trial. The aim of these homes is the social reintegration of
such children and juveniles.
Children’s home
The state government establish a home for children who are in need of care and
protection. This can be done with the help of voluntary groups and non-governmental
organisations. These homes provide care and protection to such children and work
towards their development, treatment, education, and training.
Aftercare programmes
These programmes aid and support juveniles and children to lead a normal life after
they are released from observation homes or special homes or other homes
established under the Act. For example, the government or NGOs can provide
financial support to such juveniles to establish their means of livelihood.

Causes of juvenile delinquency

The problem of juvenile delinquency has become a hot issue for the world and
persists in every country across the globe. The fundamental causes are:-
Advancement of technology and economic growth
With the advancement of technology and the growth and development of society,
there has been a change in the thinking process. With the establishment of industries,
people started migrating from rural areas to urban areas and there arose the issue of
slums, overcrowding etc. This further led to economic and financial problems for
families. To curb such problems, children engaged themselves either in child labour
or deviant activities. This gave rise to juvenile delinquency. It has been observed that
the temptation to live a luxurious life led youngsters towards wrongful means to fulfil
their desires.
Family issues
Another major reason behind the increase in juvenile delinquency is family issues. If
there is disintegration in the family, such as continuous fights between parents, lack
of love and affection, broken families, etc., it will affect a child’s growth and
development mentally, physically, and emotionally and would also lead to juvenile
delinquency.
Once a child feels neglected by his or her own parents and relatives, it can cause him
or her to commit crimes due to aggression and other negative feelings. Families must
emphasise preventing children from indulging in criminal behaviour and focus on
their growth and development so that they become successful and law-abiding
citizens.
Changing patterns in lifestyle
A change in lifestyle is yet another reason for criminal behaviour in children. The
immaterial and changing patterns in the lifestyle of people make it difficult for
children and teenagers to adjust and revamp their family relations. Another reason for
showing delinquent tendencies is the company of children. People with whom they
spend most of their time can either shape their personalities into law-abiding citizens
or turn them into criminals.
Biological factors
Biological factors like physiological and mental issues, low intelligence, a lack of
understanding, etc. also lead to delinquent behaviour among children. It has been
observed that girls usually attain puberty at a very young age and can easily become
prey to sexual offences. They must educate their children regarding the biological
differences between a male and female and answer all their questions regarding other
biological processes and consequences of any illegal or unlawful act.
Poverty
When a child is not able to get the basic necessities of life, there is high chance that
the child may indulge in delinquent acts to get those necessities. This means that
poverty also contributes to juvenile delinquency. Failure to provide children with
necessities like food, shelter, clothes, education, etc. can force them to earn money by
hook or crook in order to get what they desire. Poor children often get involved in
stealing, robbery and other criminal activities to help their families with basic
necessities. The government must take initiatives to eradicate the problem of poverty
and provide basic necessities like food, clothing, shelter etc to its citizens.
Other factors
Other factors like child labour, abusive childhood, traumatic experiences, financial
issues, illiteracy, unsoundness of mind etc are also responsible for delinquent
behaviour in juveniles.

UN Declaration on Basic Principles of

Justice for Victims of Crime and Abuse of Power
A. Victims of crime
"Victims" means persons who, individually or collectively, have suffered harm,
including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions
that are in violation of criminal laws operative within Member States, including
those laws proscribing criminal abuse of power.
A person may be considered a victim, under this Declaration, regardless of
whether the perpetrator is identi ed, apprehended, prosecuted or convicted
and regardless of the familial relationship between the perpetrator and the
victim. The term "victim" also includes, where appropriate, the immediate
family or dependants of the direct victim and persons who have suffered harm
in intervening to assist victims in distress or to prevent victimisation.
Access to justice and fair treatment
Victims should be treated with compassion and respect for their dignity.
Judicial and administrative mechanisms should be established and
strengthened where necessary to enable victims to obtain redress through
formal or informal procedures that are expeditious, fair, inexpensive and
accessible. Victims should be informed of their rights in seeking redress
through such mechanisms.
The responsiveness of judicial and administrative processes to the needs of
victims should be facilitated by:
(a) Informing victims of their role and the scope, timing and progress of the
proceedings and of the disposition of their cases, especially where serious
crimes are involved and where they have requested such information;
(b) Allowing the views and concerns of victims to be presented and
considered at appropriate stages of the proceedings where their personal
interests are affected, without prejudice to the accused and consistent with
the relevant national criminal justice system;
(c) Providing proper assistance to victims throughout the legal process;
(d) Taking measures to minimise inconvenience to victims, protect their
privacy, when necessary, and ensure their safety, as well as that of their
families and witnesses on their behalf, from intimidation and retaliation;
(e) Avoiding unnecessary delay in the disposition of cases and the execution
of orders or decrees granting awards to victims.
Informal mechanisms for the resolution of disputes, including mediation,
arbitration and customary justice or indigenous practices, should be utilised
where appropriate to facilitate conciliation and redress for victims.

Compensation
When compensation is not fully available from the offender or other sources,
States should endeavour to provide nancial compensation to:
(a) Victims who have sustained signi cant bodily injury or impairment of
physical or mental health as a result of serious crimes;
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(b) The family, in particular dependants of persons who have died or become
physically or mentally incapacitated as a result of such victimisation.
Assistance
Victims should receive the necessary material, medical, psychological and
social assistance through governmental, voluntary, community-based and
indigenous means.
Victims should be informed of the availability of health and social services
and other relevant assistance and be readily afforded access to them.
Police, justice, health, social service and other personnel concerned should
receive training to sensitise them to the needs of victims, and guidelines to
ensure proper and prompt aid.
In providing services and assistance to victims, attention should be given to
those who have special needs because of the nature of the harm in icted or
because of factors such as those mentioned in paragraph 3 above.

B. Victims of abuse of power

"Victims" means persons who, individually or collectively, have suffered harm,
including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions
that do not yet constitute violations of national criminal laws but of
internationally recognised norms relating to human rights.
States should consider incorporating into the national law norms proscribing
abuses of power and providing remedies to victims of such abuses. In
particular, such remedies should include restitution and/or compensation, and
necessary material, medical, psychological and social assistance and
support.
States should consider negotiating multilateral international treaties relating to
victims. States should periodically review existing legislation and practices to
ensure their responsiveness to changing circumstances, should enact and
enforce, if necessary, legislation proscribing acts that constitute serious
abuses of political or economic power, as well as promoting policies and
mechanisms for the prevention of such acts, and should develop and make
readily available appropriate rights and remedies for victims of such acts.
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 Prisons in India: Organisation, Type and Functions
MEANING
India follows the international obligations and guidelines with respect to the care of
prisoners and various steps are being taken towards prison reform.
Prison is something that can be termed as a type of accommodation that is only
specially meant for individuals who have committed an offence and are undergoing
trial for that particular offence.“Prison” refers to any jail or place used permanently or
temporarily under the general or special orders of a State Government for the
detention of prisoners, and includes all areas and buildings thereto, but does not
include-
(a) any place for the confinement of prisoners who are exclusively in the custody of
the police;
(b) every place specially appointed by the State Government under section 541 of the
Code of Criminal Procedure, 1882; or
(c) any place which has been declared.
Despite the relatively low number of persons in prison as compared to many other
countries in the world, there are some very common problems across prisons in India,
and the situation is likely to be the same or worse in many developing countries.

TYPES OF JAIL
Sub Jails - These jails are considerably smaller and are located in a state's sub
divisional territory. There are certain states that have established a bigger number of
these types of jails and have a really organised prison system, despite the fact that it is
on a lesser scale than other jails.
District Jails - They are used as the primary prisons in the states and the union
territories where there is no proper availability of Central Jails. In several states/UTs,
district jails (with a capacity of roughly 500 convicts) operate as the primary prisons.
Central Jails - There are numerous requirements for being classified as a central jail,
and they range from one state to the next. However, it has been seen as a pattern in
India that people who commit crimes that are punishable by imprisonment for a
period more than two years are even more frequently confined in Central Jails, which
have a bigger capacity and usage than other jails. Additional services, such as
rehabilitation, are available in these jails.
Women's Prisons - These are prisons that are dedicated to holding only female
inmates. These jails might be found at sub-divisional, central, or district levels. India
has a total of 20 women’s jails, with a capacity of 5200 women and a 60 percent
occupancy rate. Women in India are frequently detained in other prisons due to the
low capacity of women's jails.
Borstal Schools - This is a sort of adolescent detention centre where kids and
juveniles are imprisoned and housed. Borstal schools provide adequate care, welfare,
and rehabilitation for juveniles and other young offenders. This is to guarantee that
they are stored in a volatile and safe environment. Juveniles at these institutions get
reformational training, education, and moral influence, all of which contribute to and
prevent crime rates.

Special Jails - These are the highest-security prisons, with particular facilities for the
inmates. Prisoners of a specific class or classes are housed in these jails. Convicts
who are imprisoned in special prisons have been convicted of terrorism, violent
crimes, persistent criminals, significant violations of prison discipline, and are violent
and confrontational against other inmates.
Open jail - Open jails are minimum security prisons. Only convicted prisoners
with good behaviour satisfying certain norms prescribed in the prison rules
are admitted in open jails. Minimum security is kept in such prisons and
prisoners are engaged in agricultural activities.

PRISON FUNCTIONS
Social isolation and confinement - To remove a criminal from society because he has
shown to be a threat to society's organisation, stability, and cohesiveness, and to
maintain him out of circulation and safely confined so that his breaking of the law
does not bother the man on the street's peace of mind.
Protection of Society - Safeguarding the community from criminals by identifying
and stigmatising those who break the law so that others are warned.
Punishment - To inflict pain and suffering on an offender (i.e., punishment) for
violating legal norms, so that criminals are worse off than underprivileged honest
citizens; law-abiding individuals must be satisfied that law-breakers are punished and
secured against the threat of reoffending, and people in society may be refrained from
committing crimes.
Reformation - It entails changing the offender's values, motives, attitudes, and
perceptions, as well as re-socialising and reintegrating him into society.