1.
SUBJECT- CRIMINOLOGY AND PENOLOGY
COURSE- LL.B., IV-SEM
QUESTIONS AND ANSWERS
4 MARKS
Q. 1. POLITICAL GRAFT.
ANS. Graft is defined as the act of taking advantage of your political position or government
job by taking money or property in dishonest or fraudulent ways. When a police officer takes
bribes, this is an example of graft.
Political corruption is the use of powers by government officials or their network contacts for
illegitimate private gain. An illegal act by an officeholder constitutes political corruption only
if the act is directly related to their official duties, is done under color of law or involves trading
in influence.
Q. 2. VICTIMOLOGY.
Ans. Victimology, branch of criminology that scientifically studies the relationship
between an injured party and an offender by examining the causes and the nature of the
consequent suffering. ... Criminal victimization may inflict economic costs, physical
injuries, and psychological harm. The concept of victim dates back to ancient cultures and
civilizations, such as the ancient Hebrews. Its original meaning was rooted in the idea of
sacrifice or scapegoat -- the execution or casting out of a person or animal to satisfy a deity or
hierarchy. Over the centuries, the word victim came to have additional meanings. During the
founding of victimology in the 1940s, victimologists such as Mendel son, Von Hentig, and
Wolfgang tended to use textbook or dictionary definitions of victims as hapless dupes who
instigated their own victimizations. This notion of "victim precipitation" was vigorously
attacked by feminists in the 1980s, and was replaced by the notion of victims as anyone caught
up in an asymmetric relationship or situation.
Q. 3. Explain prevention of crime.
Ans. Crime prevention is the attempt to reduce and deter crime and criminals. It is applied
specifically to efforts made by governments to reduce crime, enforce the law, and maintain
criminal justice. Crime prevention has been defined as “the anticipation, recognition and
appraisal of a crime risk and the initiation of some action to remove or reduce it.” Crime
prevention means using your instinct, commons sense and action to reduce a criminal’s
opportunity. The Department of Public Safety provides proactive crime prevention programs
and safety services to assist members of the campus community in reducing their risks of
becoming a victim of crime.
Plainly speaking, crime prevention is recognizing that a crime risk exists and taking some
corrective action to eliminate or reduce that risk. Crime prevention means risk reduction. A close
working relationship among the crime prevention unit, management, patrol and investigations
units, and the campus community is essential to eliminating crime risk. Reporting suspicious

2.
persons and/or activities, locking unoccupied rooms, securing doors and windows at the end of
the day, securing university and personal property and being aware of your surroundings are all
important risk reduction strategies.
Q.4 POSITIVE SCHOOL OF CRIMINOLOGY.
Ans. Positivist School
The positivist school opposed the classical school’s understanding of crime. All people are
different, and thus vary in their understanding of right and wrong; this needed to be a barometer
for punishment. The person and not the crime should be punished.
“Positivism saw its role as the systematic elimination of the free will ‘metaphysics’ of the classical
school—and its replacement by a science of society, taking on for itself the task of the eradication
of crime,” Ian Taylor, Paul Walton and Jock Young wrote in “The New Criminology: For a Social
Theory of Deviance.” This new, deterministic movement was consolidated by Enrico Ferri, who
championed the approach then being employed by an Italian military physician, Cesare Lombroso.
The “positive” method consisted of carefully observing the characteristics of criminals to gain
insight into the causes of antisocial conduct or behavior. Ferri did not endorse all of Lombroso’s
conclusions, such as that some people are born criminals and that some physical features, like the
shape of a person’s head or the placement of one’s cheekbones, can predict criminal behavior.
However, Ferri adopted the inductive method and set out to create a science that would explain
the causes of crime within society and the individual offender.
The school started by considering crime a product of heredity and environment. Instead of criminal
“conduct,” criminal “behavior” became the focus. Environmental factors such as societal
conditions and pressures interact with hereditary factors in a person to cause that individual to be
predisposed to criminal acts. The deterministic school was more concerned with the actual or
would-be criminal rather than criminal conduct.
Positivism’s focus on the individual may have been the greatest contribution to criminology and
the criminal justice system. It led to classifications of offenders, such as habitual criminals, as well
as categories between insanity and sanity. It also led to the use of psychology in studying offenders,
opening the way for different kinds of sentences and treatments that fit the criminal and not the
crime.
Q. 5 INTERPOL.
Ans. The International Criminal Police Organization (INTERPOL) is the world's largest
international police organization with 192 member countries. The main purpose of its
establishment is to enable the world police to ensure the safety of the human beings all over the
world.
The first idea of establishing Interpol was hit in 1914 in the first International Criminal Police
Congress held in Monaco. It was officially established in 1923 as 'International Criminal Police

3.
Commission'. This organization began to be known as "INTERPOL" in 1956. INTERPOL's
headquarter is located in Lyon (France).Its current chairman is "Meng Hongwei". INTERPOL's
General Assembly is its Governing body.
INTERPOL enables international police to work together to fight international crime in 192
member countries. It primarily uses its police expertise and capabilities for these three types of
crimes.
1. Counter-Terrorism
2. Organized crime
3. Cyber Crime
Interpol works in conjunction with all member countries and international organizations like the
United Nations and European Union to combat international crime.
10 MARKS
Q.6 CRIMINAL BEHAVIOR IS A DISEASE WHICH REQUIRES TREATMENT
RATHER PUNISHMENT. CRITICAL NOTE.
Ans. INTRODUCTION
The human society is a cooperative endeavor secured by coercion. By coercion we mean a state
where a recognized authority is compelled to punish individual who contravenes the rules and
regulation of the commonwealth. The practice of punishment is necessary for the maintenance of
this social cohesion. Law is one of the important pillars of the state. To administer justice,
punishment is needed. There are various theories of punishment which are retributive, deterrent,
and reformative, preventive. One of the most controversial aspects of legal philosophy concerns
the justification of specific punishments for particular criminal violations. Punishment is a
recognized function of all the states. With the passage of time the systems of punishment have met
with different types of changes and modifications. To administer justice is an essential function of
the state and it is the duty of the state to provide a peaceful environment to its people. Thus,
philosophy behind the concept of punishment is not only to provide justice to the aggrieved but
besides this to maintain security and safety in the society, to punish a criminal is not only to give
torture to him or to humiliate, but there is a higher objective to be achieved and that is to establish
a peaceful society. The concept of Punishment under modern jurisprudence is usually associated
with the law of crimes.
Rather, punishment is given to educate or reform the offender himself. Here, the crime committed
by the criminal is an end, not a means as in the Deterrent theory. ... It is clear that the reformative
theory does not justify capital punishment. It supports reformation of the criminal.
The reformative theory is effective in all such conditions in which the criminal commits the crime
in ignorance and compelled by circumstances or where this criminal tendency is attributable to a
mental or physical defect.

4.
But the reform of a criminal who willfully violates moral laws is not so easy a pro-position. Thus,
for some criminals it becomes unavoidable to arrange for punishment.
It can be said that the reformative theory is the most superior among the theories of punishment
because it is compatible with the modern humanitarian ideals and seeks to eliminate the causes of
and prevent crimes but it cannot be applied to all crimes. Some crimes are more conducive to the
preventive theory.
Q.7 WHAT IS THE ROLE OF PRISONS IN MODERN PENOLOGY.
Ans. Introduction
Prisonisation symbolises a system of punishment and also a sort of institutional placement of
undertrials and suspects during the period of trial. Since there cannot be a society without crime
and criminals, the institution of prison is indispensable for every country.
The history of prisons in India and elsewhere clearly reflects the changes in society’s reaction to
crime from time to time. The system of imprisonment represents a curious combination of different
objectives of punishment. Thus, prison may serve to deter the offender or it may be used as a
method of retribution or vengeance by making the life of the offender miserable and difficult.
The isolated life in prison and incapacity of inmates to repeat crime while in the prison, fulfils the
preventive purpose of punishment. It also helps in keeping crime under control by elimination of
criminals from the society. That apart, prison may also serve as an institution for the reformation
and rehabilitation of offenders. It therefore, follows that whatever be the object of punishment, the
prison serves to keep offenders under custody and control.
The attitude of society towards prisoners may vary according to the object of punishment and
social reaction to crime in a given community. If the prisons are meant for retribution or deterrence,
the condition inside them shall be punitive in nature inflicting greater pain and suffering and
imposing severe restrictions on inmates. On the other hand, if the prison is used as an institution
to treat the criminal as a deviant, there would be lesser restrictions and control over him inside the
institution.
The modem progressive view, however, regards crime as a social disease and favours treatment of
offenders through non-penal methods such as probation, parole, open jail etc. Whatever be the
reaction of society to crime, the lodging of criminals in prison gives rise to several problems of
correction, rehabilitation, and reformation which constitute vital aspects of prison administration.
The origin of prison is inter-linked with the system of imprisonment which originated in the first
quarter of nineteenth century. Initially, prisons were used as detention houses for under-trials.
Persons who were guilty of some political offence or war crime or who failed to pay their debts or
fines were lodged in prison cells with a view to extracting confession from them or securing the
payment of debts or fines.
Subsequently, with the march of time and advancement of knowledge and civilisation, the
conditions of prisons also improved considerably. Since the present day penology centres round
imprisonment as a measure of rehabilitation of offenders, the prisons are no longer mere detention

5.
houses for the offenders but they seek to reform inmates for their future life. The modern
techniques of punishment lay greater emphasis on reformation, correction and rehabilitation of
criminals.
The modern prison system in India is essentially based on the British prison model which in itself
is an outcome of prison developments in America during the late eighteenth century. It will
therefore, be proper to trace the evolution of prison system in America, Britain, Russia etc. before
dealing with the prison developments in India.
Q.8 EXPLAIN SUTHERLAND’S THEORY OF DIFFERENTIAL
ASSOCIATION’ABOUT CRIMINALITY.
Ans. Sutherland propounded the Differential Association Theory in 1939. He says, two
explanations have mainly been forwarded for criminal behav-iour: situational and genetic or
historical. The former explains crime on the basis of situation that persists at the time of crime,
and the latter ex­plains crime on the basis of a criminal’s life experiences. He himself used the
second approach in developing the theory of criminal behav-iour.
Sutherland’s main thesis (1969:77-79) is that individuals encounter many inharmonious and
inconsistent social influences in their life-time and many individuals become involved in contacts
with carriers of criminalistics norms, and as a consequence become criminals. He called this
process ‘differential association’.
• In criminology, differential association is a theory developed by Edwin Sutherland.
• Differential association theory proposes that through interaction with others,
individuals learn the values, attitudes, techniques, and motives for criminal
behavior.
• Differential association predicts that an individual will choose the criminal path
when the balance of definitions for law-breaking exceeds those for law-abiding.
• One critique leveled against differential association stems from the idea that
people can be independent, rational actors and individually motivated.
• Edwin Sutherland: Considered as one of the most influential criminologists of the
20th century. He was a sociologist of the symbolic interactionist school of thought
and is best known for defining white-collar crime and differential association—a
general theory of crime and delinquency.
• Differential Association Theory: This theory predicts that an individual will
choose the criminal path when the balance of definitions for law-breaking exceeds
those for law-abiding.
• differential association: a theory in criminology developed by Edwin Sutherland,
proposing that through interaction with others, individuals learn the values,
attitudes, techniques, and motives for criminal behavior
In criminology, differential association is a theory developed by Edwin Sutherland (1883–
1950) proposing that through interaction with others, individuals learn the values,
attitudes, techniques, and motives for criminal behavior. Differential association theory is
the most talked-about of the learning theories of deviance. This theory focuses

6.
on how individuals learn to become criminals, but it does not concern itself with why they
become criminals.
Differential association predicts that an individual will choose the criminal path when the
balance of definitions for law-breaking exceeds those for law-abiding. This tendency will
be reinforced if social association provides active people in the person’s life. The earlier
in life an individual comes under the influence high status people within a group, the more
likely the individual is to follow in their footsteps. This does not deny that there may be
practical motives for crime. If a person is hungry but has no money, there is a temptation
to steal. But the use of “needs” and “values” is equivocal. To some extent, both non-
criminal and criminal individuals are motivated by the need for money and social gain.
The principles of Sutherland’s theory of differential association can be summarized into
nine key points.
1. Criminal behavior is learned.
2. Criminal behavior is learned in interaction with other persons in a process of
communication.
3. The principal part of the learning of criminal behavior occurs within intimate
personal groups.
4. When criminal behavior is learned, the learning includes techniques of committing
the crime (which are sometimes very complicated, sometimes simple) and the
specific direction of motives, drives, rationalizations, and attitudes.
5. The specific direction of motives and drives is learned from definitions of the legal
codes as favorable or unfavorable.
6. A person becomes delinquent because of an excess of definitions favorable to
violation of law over definitions unfavorable to violation of the law.
7. Differential associations may vary in frequency, duration, priority, and intensity.
8. The process of learning criminal behavior by association with criminal and anti-
criminal patterns involves all of the mechanisms that are involved in any other
learning.
9. While criminal behavior is an expression of general needs and values, it is not
explained by those needs and values, since non-criminal behavior is an expression
of the same needs and values.
An important quality of differential association theory is the frequency and intensity of
interaction. The amount of time that a person is exposed to a particular definition and at
what point the interaction began are both crucial for explaining criminal activity. The
process of learning criminal behavior is really not any different from the process involved
in learning any other type of behavior. Sutherland maintains that there is no unique
learning process associated with acquiring non-normative ways of behaving.

7.
One very unique aspect of this theory is that it works to explain more than just juvenile
delinquency and crime committed by lower class individuals. Since crime is understood
to be learned behavior, the theory is also applicable to white-collar, corporate, and
organized crime.
One critique leveled against differential association stems from the idea that people can
be independent, rational actors and individually motivated. This notion of one being a
criminal based on his or her environment is problematic—the theory does not take into
account personality traits that might affect a person’s susceptibility to these environmental
influences.
Q.9 DISCUSS THE CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT.
GIVE THE MAIN ARGUMENTS FOR ABOLITION AND RETENTION OF CAPITAL
PUNISHMENT.
Ans. Introduction
Death Penalty can be defined as the lawful infliction of death as a punishment for a wrongful act.
The death penalty is a legal process whereby a person is put to death by the state as a punishment
for a crime. The judicial decree that someone be punished in this manner is a death sentence, while
the actual process of killing the person is anexecution. There has been a global trend towards the
abolition of capital punishment; however, India has not adopted this position. What makes this
form of punishment different from the others is the obvious element of irreversibility attached to
it. A man once executed for a crime can never be brought back to life. So if any error has crept in
while deciding on a matter, this error cannot be rectified at a later stage.
Capital punishment, death penalty or execution is punishment by death. The sentence that someone
be punished in this manner is a death sentence. Crimes that can result in a death penalty are known
as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally
"regarding the head" (referring to execution by beheading).
Capital punishment has, in the past, been practiced by most societies, as a punishment for
criminals, and political or religious dissidents. Historically, the carrying out of the death sentence
was often accompanied by torture, and executions were most often public.
Constitutional Validity of Capital Punishment
Article 21 of the Constitution of India provides Protection of Life and Personal Liberty to every
people. And the deprivation of life of anyone is unconstitutional under Article 21. It is also said
that No person shall be deprived of his life or personal liberty except according to procedure
established by law; it means, if there is a procedure than state can deprived a person from his life.
In many countries there has been accepted and death penalty has been abolished. In India, too there
are many social workers including lawyers and Judges who have voiced this demand. Prominent
amongst them are Bhagwati J. and Krishna Iyer J. both former judges of Supreme Court, Krishna
Iyer J. Very recently while addressing a Human right organization strongly expressed himself in
favour of the abolition of death penalty.

8.
Justice A.K. Ganguly of the Supreme Court has termed the award of death sentence as “barbaric ,
anti-life, undemocratic and irresponsible” which is “legal” in the prevailing judicial system. The
doctrine of the crime falling in the ‘rarest of rare’ category in awarding the death penalty was a
“grey” area as its interpretation depended on individual judges. He cautioned that before giving
death penalty, a judge must be “extremely careful” and weigh “mitigating and aggravating
circumstances.”
So far as constitutionality is concerned it has to be considered in the light of the provision to take
away the life of a person through a procedure established by law. This means that through there is
a procedure establish by law, state can deprive a person of his life. Through judicial
pronouncements, this procedure is interpreted to mean, a fair, just and reasonable one. Though the
constitutional validity of the death punishment was challenged as violative of Article 19 and 21 of
the Constitution of India, because it didn’t provide any procedure to the Court upheld the validity
of death sentence. Since the procedure by which the life is taken is fair, just and reasonable. The
judge are given ample power to exercise their discretion to award death penalty as against
imprisonment for life.
the question of constitutional validity of death penalty has been raised before the Supreme Court
of India more than once. In case of Jagmohan Singh v. State of Uttar Pradesh, the constitutional
validity of death penalty was upheld by the Supreme Court by a unanimous decision of the five
judges composing the Bench.
In case of Rajender Prasad v. State of Uttar Pradesh, Krishna Iyer J. said that death penalty directly
affects the life of the people guaranteed under Article 21 of the Constitution. But it has been
provided by law and there is nothing like due law in Article 21. Therefore, it is valid. He further
said that to impose death penalty the two things must be required:
· The special reasons should be recorded for imposing death penalty in a case.
· The death penalty must be imposed only in extraordinary circumstances.
The question was again considered by a five judges bench in case of Bachan Singh v. State of
Punjab, particularly in view of certain observations of Krishna Iyer J. In Bachan Singh case judges
considered the social, ethical and even spiritual aspect of death penalty while upholding the
constitutional validity thereof.
It is to be noted that, After the award of the death sentence by a sessions (trial) court,the sentence
must be confirmed by a High Court to make it final. Once confirmed, the condemned convict has
the option of appealing to the Supreme Court. If this is not possible, or if the Supreme Court turns
down the appeal or refuses to hear the petition, the condemned person can submit a ‘mercy
petition’ to the President of India and the Governor of the State.
Why the Capital Punishment should be abolished
Capital punishment is the punishment of death which is generally awarded to those guilty of
heinous crimes, particularly murder and child rape. In Indian the traditional way of awarding this

9.
punishment is “handing by the neck” till the death of the criminal. In other countries, shooting,
electric chair, etc…,are the various devices used for the purpose.
Though the awarding of capital punishment, specially for murder, is according to age-old,
tradition, in recent times there has been much hue and cry against it. It has been said that capital
punishment is brutal, that it is according to the law of jungle – “an eye for an eye”, and tooth for a
tooth”. It is pointed out that there can be no more place for it in a civilized country. Moreover,
judges are not infallible and there are instances where innocent people have been sent to the
gallows owing to some error of judgment.
Capital punishment is nothing but judicial murder, it is said, specially when an innocent life is
destroyed. Besides this, capital punishment, as is generally supposed, is not deterrent. Murders and
other heinous crimes have continued unabated, inspite of it. The result of such views has been that
in recent years there has been an increasing tendency in western countries to award life
imprisonment instead of capital punishment. Muslims countries, generally speaking, continue to
be more serve in this respect.
Despite frequent demands from all society Indian has not so far abolished capital punishment. But
even in India there has been a decline in the frequency of such punishment. It is now awarded only
in cases of hardened criminals and only when it is established that the murder was not the result
of a momentary impulse, the result of serious provocation, but well-planned and cold-blooded. In
such cases, it is felt that nothing less than capital punishment would meet the ends of justice, that
it is just and proper that such pests of society are eliminated. Those who indulge in anti-social and
sternest possible measures should be taken against them, specially when they are habitual
offenders.
It is, therefore, in the fitness of things that India has not so far abolished capital punishment but
used it more judiciously. Sociologist are of the view that capital punishment serves no useful
purpose. A murderer deprives the family of the murdered person of its bread-winner. By sending
the criminals to gallows, we in no way help or provide relief to the family of the murdered. Rather,
we deprive another family of its bread-winner. The sociologists, therefore, suggest that the
murderer should be sentenced for life to work and support the family of murdered person as well
as his own. In this way, innocent women and children would be saved from much suffering, hunger
and starvation. Moreover, such measures would provide the criminals with an opportunity to
reform himself. He would be under strict watch and if his conduct is satisfactory, he may be
allowed to return to society as a useful member of it.
There is much truth is such views, and they must be given due weightage before a decision is taken
to abolish or retain capital punishment. But Capital punishment should be continue for those who
commit rare of the rarest crimes such as child rape, group rape, terrorism and etc.
Retention
1. Capital Punishment acts as a deterrent. If the death sentence is removed, the feast that comes in
the mind of people committing murder will be removed. “Do we want more of murders in our
country or do we want less of them?”All sentence are awarded for security and protection of

10.
society, so that every individual may live in peace. Capital punishment is needed to ensure this
security.
2. Elimination of the criminals. When the public peace is endangered by certain particularly
dangerous forms of crime, death penalty is the only means of eliminating the offender.
3. Possibility of repeated murders. Society must be protected from the risk of a second offences by
a criminal who is not executed and who may be released, after release may commit murder again.
Conclusion
Death as a penalty has plagued human mind perennially. Death sentence must fulfill the conditions
for protection of human rights in Criminal Justice Administration in India.
Execution of Dhananjay Chatterjee in 2004, after fourteen years in death cell and thereafter in the
year 2006 Md. Afzal’s instance of capital punishment again gave new impetus to the debate
between abolitionists and retentionists concerning speedy justice, fair trial, protection of human
rights of the persons under death sentence, their human dignity as well as the victimological
perspective to maintain law and order in society.
In the words of P.N. Bhagwati, J. in Bachan Singh v. state of Punjab “the judges have been
awarding death penalty according to their own scale of values and social philosophy and it is not
possible to discern any consistent approach to the problem in the judicial decisions”. Therefore,
whether the sentence will be for death or for life imprisonment depends, in a large measure, on the
court or composition of bench of the court. We have seen earlier about execution and commutation
of death sentences into life imprisonment, there are several judgments which show that there are
no fix principles to determine delay and other factors in the similar cases. Even in Dhananjay
Chatterjee’s case there was fourteen years’ delay in execution of death sentence but it was not
commuted to life imprisonment although in some earlier cases two years, two and half years, three
years and nine years delay in execution was treated as violation of human rights and fair procedure
and their sentences were commuted to life imprisonment. Is this not a violation of articles 14 and
21 of the Constitution which enshrine fundamental and sacrosanct rights of human beings?
Q.10 EXPLAIN THE INTER RELATION BETWEEN CRIMINOLOGY, PENOLOGY
AND CRIMINAL LAW.
Ans. Inter-Relation between Criminology, Penology and Criminal Law
It must be reiterated that criminology is one of the branches of criminal science which is concerned
with social study of crimes and criminal behaviour. It aims at discovering the causes of criminality
and effective measures to combat crimes. It also deals with the custody, treatment, prevention and
control of crimes which, for the purposes of this study, is termed as penology.
The criminal policies postulated by these twin sister branches (i.e., criminology and
penology) are implemented through the agency of criminal law. Thus for the sake of
convenient study the entire subject may be classified under the following heads:—

11.
It is generally said that criminal law is an index of civilisation because it is sensitive to the
changes in social structure and reflects mental fibre of a given society. This is why Prof.
Friedman calls it a barometer of moral thinking. According to Wechster, “crime is a formal
social condemnation of forbidden conduct buttressed by sanction calculated to prevent
it”. Criminologists are thus confronted with three major problems, namely:—
(1) What conducts should be forbidden and an inquiry into the effect of environment on
these conducts;
(2) What condemnation is appropriate in such cases; and
(3) What kinds of sanctions are best to prevent these conducts?
It is thus evident that criminology, penology and criminal law are inter-related and one
cannot really function without the other. The formulation of criminal policy essentially
depends on crime causation and factors correlated therewith while its implementation is
achieved through the instrumentality of criminal law.
It has been rightly observed by Prof. Sellin that the object of criminology is to study the
sequence of law-making, law-breaking and reaction to law breaking from the point of view
of the efficacy of law as a method of control. According to Donald Taft, criminology is the
scientific analysis and observation of crime and criminals whereas penology is concerned
with the punishment and treatment of offenders.
In his view, the development of criminology has been much later than that of penology
because in early periods the emphasis was on treatment of offenders rather than scientific
investigation into the causation of crime.

12.
Q.11 EXPLAIN THE MEANING OF JUVENILE DELINQUENCY. CAUSES OF
JUVENILE DELINQUENCY. CLINICAL SERVICES CAN SERVE BEST TO PREVENT
JUVENILE DELINQUENCY. COMMENT.
Ans. JUVENILE DELINQUENCY
Juvenile delinquency, also known as "juvenile offending", is the act of participating in
unlawful behavior as minors (juveniles, i.e. individuals younger than the statutory age of
majority). ... Juvenile crimes can range from status offenses (such as underage smoking/
drinking), to property crimes and violent crimes. Juvenile delinquency is the participation
by a minor child, usually between the ages of 10 and 17, in illegal behavior or activities.
Juvenile delinquency is also used to refer to children who exhibit a persistent behavior of
mischievousness or disobedience, so as to be considered out of parental control,
becoming subject to legal action by the court system. Juvenile delinquency is also known
as “juvenile offending,” and each state has a separate legal system in place to deal with
juveniles who break the law.
Juvenile delinquency occurs when a minor violates a criminal statue. When a
juvenile commits a crime, the procedures that take place differ from those of an
adult offender. In all states, juvenile court systems, and juvenile detention facilities,
deal specifically with underage offenders. While it is common for state statutes to
consider people under the age of 18 as minors, the justice system can charge
minors even younger as adults, if the crime committed is very serious.
Causes of juvenile delinquency
There is no single cause or simple explanation for the development of delinquent
behaviour. According to Healy and Bronner, the causes of juvenile delinquency are:
(1) Bad company, (2) adolescent instability and impulses, (3) early sex experience, (4)
mental conflicts, (5) extreme social suggestibility, (6) love of adventure, (7) motion picture,
(8) school dissatisfaction, (9) poor recre-ation, (10) street life, (11) vocational
dissatisfaction, (12) sudden impulse; and (13) physical condi-tions of all sorts.
The causes of juvenile delinquency may be classified under two major factors: (A) Social
factors, and (B) Personality factors.

13.
A. Social Factors Favoring Juvenile Delinquency:
1. Broken Homes: British and American investigations reveal that nearly 50% of the
delin-quents come from broken homes. In one of the studies conducted by Uday Shankar
in India only 13.3% of the 140 delinquents that he studied came from broken homes.
2. poverty: A very large proportion of delinquent children come from poor homes. It is
gener-ally, although not unanimously, accepted by professional students of juvenile
delinquency that the vast majority of delinquents come from the lower class.
They commit their offences as member of gangs. Uday Shankar’s study has revealed that
as many as 83% of the children come from poor families. Still it cannot be generalised
that the children of the poor homes invariably become delin-quents.
Poverty compels sometimes both of the parents to be outside the home for a very long
period to earn their daily bread. The children will be uncared for. Such children may
consciously or uncon-sciously join hands with gangsters and become delinquents. This
mostly happens in slum areas and areas in which mostly working class people live.
3. Delinquency Areas:
It is said that some areas are highly vulnerable to delinquent trends. Long ago Burt in his
study showed that there are certain areas in London from which the majority of delinquent
children come.
The delinquents mostly come from the areas of poor housing, overcrowd-ing and the
areas in which cinema houses, hotels, night, clubs, liquor shops are found in a large
number. It is true that when a family is living in the heart of the town the chances are
greater for the children of such families to pick up delinquent behaviour. It is to be noted
that not all the children living in the delinquent areas are delinquents.
4. Companions and Gangs:
As the child grows older he goes into the neighbourhood and becomes a member of the
playgroup or peer group. If by chance he joins the group or the gang that fosters
delinquent attitudes he is also likely to become a delinquent.

14.
In fact, much delinquency springs up from the prevalent attitudes in the groups within
which the youth has immediate contacts. Charles Shaw has opined that “delinquency is
a product of community forces “.
In cities, in slum areas peculiar social groups called ‘gangs’ are found. Generally the gang
starts as a playgroup. In the absence of playground facilities, the children will start playing
in streets and finally organise themselves into gangs. The gang has all the qualities of an
in group such as loyalty, cooperation, social solidarity and unity.
These gangs are found to be associated with crime in all its aspects like delinquency,
rioting, corrupt politics, and so on. Children coming from poor families and broken families
easily become the victims of gangs.
Due to bad companionship also offences are committed by the adolescents. Studies have
shown that delinquent acts are done in company. In his Illinois Crime Survey of 1928
Shaw analysed 6000 boys were involved in the crime. He found that in 90% of the cases
two or more boys were involved in the crime. But in Uday Shankar’s study in India only
23% of persons committed delinquent acts due to bad company. It cannot, however, be
presumed that mere companionship by itself causes delinquency.
Beggary:
Beggary is often the cause of juvenile delinquency. Child beggars mostly come from
either very poor families or broken homes. These children are betrayed of the needed
love and affection of the parents.
They crave for the satisfaction of their inner impulses, desires and ambi-tions. They
choose to become beggars for the same. As beggars they get annoyed to see others
enjoying life. Some of them may even become rebels. They realise that only through
deviant practices, they can satisfy their desires and meet their needs. They thus become
delinquents.
Other Social or Environmental Factors
(a) School Dissatisfaction:

15.
Some students get dissatisfied with school life. Parental irrespon-sibility, unmanageable
student-teacher ratio, lack of entertainment and sports facilities in schools, indifference of
the teachers may contribute to this.
Such dissatisfied students become regular absen-tees in schools and start wandering in
streets. They may even form gangs of their own and become gamblers, eve-teasers,
pickpockets, drunkards, smokers and drug addicts.
(b) Films and Pornographic Literature have also added to the magnitude of delinquency.
Cinema, television and obscene literature may often provoke sexual and other impulses
in adoles­cents. Hence they may start their ‘adventure’ in satisfying them in the process
of which they commit crimes.
(c) Deep-seated inner desires coupled with outside pressures, compulsions and
temptations also contribute to juvenile delinquency. For example, on hearing the
interesting narration of the illicit sex experiences or such other criminal experiences from
one’s gang mate, one may be tempted to follow the same.
B. Personal or Individual Factors:
Personal factors such as mental deficiency and emotional disturbances may also
contribute to juvenile delinquency.
1. Mental Deficiency in Delinquency: It has been observed that good number of
delinquents is mentally deficient. Studies have revealed that there is larger proportion of
mentally defectives in children. The relationship between intelli-gence and delinquent
behaviour has been studied carefully. The average intelligence in a normal group of
children is 100 I.Q. (Intelligence Quotient).
But Burt in his study in London reported that the average I.Q. of delinquent children is 8-
5, and Uday Shankar found that it was 83. These and many other studies have revealed
that the average intelligence of the juvenile delinquents is certainly lower than the average
intelligence of the normal group of children of the same age.
It is quite natural to assume that the dull and mentally handicapped or defective
adolescents do not have the necessary insight to make distinctions between ‘right’ and

16.
‘deviant’ methods and behaviour.’ Such children are often used by the more intelligent
children of the gang or the adults for their criminal purpose.
2. Emotional Problems of the Individual:
Mental troubles and emotional maladjustments are strong factors in delinquency.
Emotional problems of inferiority, jealousy and being thwarted are very common among
the delinquent children.
Healy and Bronner in their study of 143 delinquents found that 92% of them revealed
emotional disturbances. It is reported that in America about two- thirds of juvenile
delinquents suffer from emotional personality and mental deviations.
Thus from the psychological point of view “Delinquency is a rebellion and an expression
of aggression which is aimed at destroying, breaking down or changing the environment”.
This rebellion is mostly against the social conditions which deny the individual his basic
rights and the satisfaction of his fundamen-tal needs. Thus, delinquents are not born so,
but they become so due to social circumstances and personal deficiencies. They are
mostly maladjusted persons.
According to psychoanalytic view, the delinquent is an individual who is governed by the
“pleasure principle “. He wants to get immediate pleasure and immediate satisfaction for
his needs. So he becomes a victim to his own impulses. He is neither able to control his
impulses nor able to imagine to think the consequences of his actions.
It is also said that delinquent breakdown is an escape from emotional situation for some
particular individuals with peculiar individual and family background. Some emotionally
maladjusted children become delinquents to get the attention of their parents or as a
protest against their treatment.
Thus, it may be said that juvenile delinquency is the result of both social or environmental
and personal or individual factors.
Juvenile Health Services
Juvenile Health Services is dedicated to meeting the health and health education needs of the
youths in juvenile justice facilities. Professional medical staff screen and assess youth upon

17.
admission, develop healthcare plans and provide appropriate interventions and/or follow-up that
may include referral for specialty assessment and intervention. Oversight and management of
health care services in juvenile justice facilities are provided by supervisory medical staff assigned
to the Central Office. These staff are responsible for health care services evaluation, problem
identification, solution recommendations and the facilitation of needed changes and supports to
provide positive health outcomes for youth. Guidance to center staff also focuses on the provision
of appropriate health education and health skill development, acknowledging that adolescence is
a unique and critical stage of human development. Health literacy and competence is a pervasive
focus.
The comprehensive strategy also involves the provision of evidence-based clinical and non-clinical
intervention and prevention programs to at-risk youth under the auspices of Juvenile Crime
Prevention Councils (JCPCs) across the state. Technical assistance and consultative support to
JCPC Consultants in the areas of mental health assessment and treatment, criminogenic factor
reduction and program implementation science, is provided by a psychological interventions and
program implementation specialist who works closely with the JJ Community Programs section
as well as JJ secure centers.
Q.12 WHAT IS PAROLE. DISTINGUISH IT FROM FURLOUGH AND PROBATION.
WHAT IS ITS OBJECT. WHAT ARE ESSENTIALS OF AN IDEAL PAROLE SYSTEM.
Ans. In India, the grant of Parole is largely governed by the rules made under the Prison Act, 1894
and Prisoner Act, 1900. ... Certain categories of convicts are not eligible for being released on
parole like prisoners involved in offences against the State, or threats to national security, non-
citizens of India etc.
Parole is the conditional release of prisoners before they complete their sentence. Paroled prisoners
are supervised by a public official, usually called a parole officer. If paroled prisoners violate the
conditions of their release, they may be returned to prison.
By the term, parole is meant the grant of release to the convict, only when he has served a part of
his punishment in jail.
In this, the prisoner is temporarily or permanently released from the jail, subject to the conditions
set forth by the parole board. These conditions ensure the safety of the members of the society
include appearing before the parole officer whenever needed, obeying the law, restriction on the
consumption of alcohol or drugs, avoiding contact with certain people, restriction on leaving the
specified geographical area without the permission of the officer, getting employment and so forth.
The difference between Parole Furlough:
Undoubtedly, parole and furlough are parts of the penal and prison system for humanising prison
administration but the two have different purposes. Furlough is a matter of right but parole is not.
Furlough is to be granted to the prisoner periodically irrespective of any particular reason merely

18.
to enable him to retain family and social ties and avoid ill-effects of continuous prison life. The
period of furlough is treated as remission of sentence.
Parole, on the other hand, is not a matter of right and may be denied to a prisoner even when he
makes out sufficient case for release on parole if the competent authority is satisfied on valid
grounds that release of a prisoner on parole would be against the interest of society or the prison
administration.
Thus, it could not be contended that a prisoner released on parole and surrendering later, is
disqualified for furlough. His application for release on furlough has to be considered on merits
and cannot be rejected at the threshold.
Referring to the provisions of Section 59 of the Prisons Act (9 of 1894) and Rules 4 and 6 of the
Prison (Bombay Furlough and Parole) Rules, 1959, the Supreme Court once again brought out the
distinction between furlough and parole in State of Maharashtra and another v. Suresh Pandurang
Darvekar.
The Court in this case held that underlying object of the rules relating to ‘parole’ and ‘furlough’
are mentioned in the All India Jail Committee’s Report and the Model Prison Manual. These two
have two different purposes. It is not necessary to state reasons while releasing the prisoner on
furlough but in case of parole, reasons have to be indicated. Again, release on furlough cannot be
said to be an absolute right of the prisoner.
It is allowed periodically under the rules irrespective of any particular reason merely with a view
to enabling the prisoner to have family association and keep up family and social ties and avoid
ill-effect of continuous prison life. It is treated as a period spent in prison. But as against this, the
period spent on parole is not counted as remission of sentence. Since the furlough is granted for
no particular reason, it can be denied in the interest of society, whereas parole is to be granted only
on sufficient cause being shown.
In the instant case, the accused person had allegedly committed rape on his step-mother and was
convicted for offences punishable under sections 376 and 354 of ГРС and was sentenced to seven
years with fine. Despite objections to the release of offender on furlough by the District Magistrate
and Superintendent of Police, on the ground that he was likely to disturb peace and tranquillity, he
was ordered to be released on furlough on furnishing surety of amount lying in deposit with jail
authorities.
The State appealed against the order of the High Court. The Supreme Court held that since Rule
4(4) of the Bombay Prisoners Furlough Rules provided that furlough can be granted only when
recommended by DM/SP and Rule 6 made it mandatory that unless the prisoner has a relative
willing to receive him while on furlough and enters into a surety bond, he shall not be granted
furlough. As the sister refused to enter into a surety bond, lib release on furlough was Illegal and
State Government’s appeal was allowed.
Difference Between Probation and Parole

19.
The term probation and parole are the two alternatives to the incarceration, wherein the conduct of
the offender is supervised according to the law. Probation can be understood as a penalty imposed
by the court in which the criminal offender is not detained but allowed to remain in the community,
on the promise of good behaviour, subject to the supervision of the probation officer.
In contrast, parole, or otherwise called as supervised release, is one in which the inmate is released
from the jail either temporarily or permanently, before the completion of sentence, subject to good
behaviour.
Probation can be defined as the release of the offender, from police custody, subject to the good
behaviour of the convicted offender under specific conditions. It is considered as the supervision
period, in which the offender has to follow certain rules prescribed by the court, under the
supervision of the probation officer.
A person is granted probation when he is found guilty for commission of an offence, in which the
accused is not sent to jail rather he is allowed to stay in the community, provided that he adopts
ethical conduct and not commit any crime in future, or else he will be sent to jail.
The condition of probation differs regarding the accused and the criminal offence, which
encompasses community service, fines, reporting to a probationary officer, restriction on
consumption of drugs and alcohol, counselling, jail time and so forth.
By and large, probation and parole share many similar aspects but are not one and the same thing
as probation is for those offenders who do not have any previous criminal record, whereas parole
is for those convicts who are serving detention due to a serious crime committed by them, but
pursues good behaviour and follows the rules of jail properly. So, for that, they are awarded parole.
Ideal parole system: Essential requisites of an ideal parole
The essential requisites of an ideal parole system may Brierly be summarised as follows
(1) emphasis must be on supervision as well as guidance and assistance to parolees so as to make
the system useful to the society in general and the parolees in particular.
(2) before release on parole , the parolees must be thoroughly prepared for parole administration.
This task can be assigned to classification committees functioning under the parole system
(3) the criterion governing selection of prisoners for grant of release on parole should not be the
particular category to which the offender belongs nor the length of his sentence, but his suitability
to respond favourably to the rehabilitative processes and the fact that his social re -adjustment is
more likely to be achieved by allowing him the benefit of parole than by treatment under detention
in prison
(4) the parolees must be assured an honourable employment and favourable surroundings at the
time of their release on parole . this will inculcate hope, confidence and social responsibility in
them. It would also help them in overcoming their inferiority complex for being ex-convict

20.
(5) since the parolees have to be rehabilitated within the society through various social agencies
,it is desirable that the parole authorities should seek active co- operation of the public in this task
(6) parole boards should be completely free from political pressures and the only person of proven
ability and integrity should be induced in these boards. They should be well qualified full - time
officials.
(7) the staff associated with parole agency should be whole -time workers. experience alone should
also be the criterion for selecting field officials but well qualified and trained personnel should be
recruited for this job.
Q.13 DEFINE CRIMINOLOGY. AND SCHOOLS OF CRIMINOLOGY.
Ans. CRIME AND CRIMINOLOGY
Criminology is the scientific study of the nonlegal aspects of crime and delinquency, including its
causes, correction, and prevention, from the viewpoints of such diverse disciplines as
anthropology, biology, psychology and psychiatry, economics, sociology, and statistics.
A normative definition views crime as deviant behavior that violates prevailing norms –cultural
standards prescribing how humans ought to behave normally. This approach considers the complex
realities surrounding the concept of crime and seeks to understand how changing social, political,
psychological, and economic conditions may affect changing definitions of crime and the form of
the legal, law enforcement, and penal responses made by society.
Viewed from a legal perspective, the term crime refers to individual criminal actions (e.g., a
burglary) and the societal response to those actions (e.g., a sentence of three years in prison). By
comparison, the field of criminology incorporates and examines broader knowledge about crime
and criminals. For example, criminologists have attempted to understand why some people are
more or less likely to engage in criminal or delinquent behavior.
Durkheim’s views on crime were a departure from conventional notions. Durkheim rejected the
definition of the crime, which would constitute the common sense of any society, that crimes are
acts that are harmful to society. He pointed to the enormous variations between societies in the
acts, which have been regarded as criminal in order to rebut the claim that conceptions of crime
are rooted in the social evil represented by particular actions. The only attribute applicable to
crimes, in general, is that they are socially prescribed and punished.
The cause of crime is one of the major research areas in criminology. By the twenty-first century,
criminologists looked to a wide range of factors to explain why a person would commit crimes.
There are certain factors in our societies, cultures (family values), system (educational, political,
law-enforcement…), economy, and so on that endorse the potential of criminal activities of an
individual.
Usually, a combination of these factors is behind a person who commits a crime. Reasons for
committing a crime include greed, anger, jealousy, revenge, or pride. Some people decide to
commit a crime and carefully plan everything in advance to increase gain and decrease risk. These
people are making choices about their behavior; some even consider a life of crime better than a

21.
regular job—believing crime brings in greater rewards, admiration, and excitement—at least until
they are caught. Others get an adrenaline rush when successfully carrying out a dangerous crime.
Others commit crimes on impulse, out of rage or fear.
Criminology is a branch of sociology and has, in effect, been studied in one way or another for
thousands of years. Despite its long history, it has only been relatively recently that criminology
has been recognized as a scientific discipline in its own right.
Schools of Criminology
Classical School
The classical school developed during the Enlightenment in response to excessive and cruel
punishments to crime. Beccaria argued for more humanitarian forms of punishment and against
physical punishment and the death penalty. He believed that punishment should fit the crime and
not be excessive.
A primary premise of the classical school was the fundamental equality of all people, which meant
that every person should be treated equally under the law. Criminal behavior would be subject to
similar punishment, and people had to know what categories of conduct were punishable.
Punishable conduct would only be that which encroached on someone else’s freedom in violation
of the social contract. No longer would status be a factor to receiving favorable treatment or more
favorable punishment.
Central to the classical school was the presence of free will. All people act within reason; conduct
results from the conscious operation of a person’s will after reflection and choosing among
alternatives of action. People know the difference between right and wrong.
Awareness of right and wrong combined with crime as a choice played into how the classical
school thought of punishment. Because crimes are chosen through free will, they should be
punished swiftly and proportionally to the crime. This is the most effective deterrent to crime.
Positivist School
The positivist school opposed the classical school’s understanding of crime. All people are
different, and thus vary in their understanding of right and wrong; this needed to be a barometer
for punishment. The person and not the crime should be punished.
“Positivism saw its role as the systematic elimination of the free will ‘metaphysics’ of the classical
school—and its replacement by a science of society, taking on for itself the task of the eradication
of crime,” Ian Taylor, Paul Walton and Jock Young wrote in “The New Criminology: For a Social
Theory of Deviance.” This new, deterministic movement was consolidated by Enrico Ferri, who
championed the approach then being employed by an Italian military physician, Cesare Lombroso.
The “positive” method consisted of carefully observing the characteristics of criminals to gain
insight into the causes of antisocial conduct or behavior. Ferri did not endorse all of Lombroso’s
conclusions, such as that some people are born criminals and that some physical features, like the
shape of a person’s head or the placement of one’s cheekbones, can predict criminal behavior.

22.
However, Ferri adopted the inductive method and set out to create a science that would explain
the causes of crime within society and the individual offender.
The school started by considering crime a product of heredity and environment. Instead of criminal
“conduct,” criminal “behavior” became the focus. Environmental factors such as societal
conditions and pressures interact with hereditary factors in a person to cause that individual to be
predisposed to criminal acts. The deterministic school was more concerned with the actual or
would-be criminal rather than criminal conduct.
Positivism’s focus on the individual may have been the greatest contribution to criminology and
the criminal justice system. It led to classifications of offenders, such as habitual criminals, as well
as categories between insanity and sanity. It also led to the use of psychology in studying offenders,
opening the way for different kinds of sentences and treatments that fit the criminal and not the
crime.
Neo-Classicist School
The neo-classicist school emerged, in large part, to remedy some of the problems created by the
classical school.
According to Taylor, Walton and Young, contradictions in classicism presented themselves in
universal penal measures and in day-to-day practice. “It was impossible in practice to ignore the
determinants of human action and proceed as if punishment and incarceration could be easily
measured on some kind of universal calculus: apart from throwing the working of the law itself
into doubt (e.g. in punishing property crime by deprivation of property) classicism appeared to
contradict widely-held commonsensical notions of human behavior.”
Classicism concentrated on the criminal act and ignored individual differences between criminals.
Neo-classicism still held that free will is important, but that it can be constrained by physical and
environmental factors. Thus, neo-classicists introduced revisions to account for problems
presented in classicism:
Allowing for mitigating circumstance by looking at the situation (physical and social environment)
in which the individual had been placed.
Some allowance was given for an offender’s past record. A court needs to take into account an
offender’s criminal history and life circumstances when making a decision about someone’s
sentence.
Consideration should be given for factors like incompetence, pathology, insanity and impulsive
behavior. Also, certain individuals, such as children and the mentally ill, are generally less capable
of exercising their reason.
Neo-classicism heavily emphasizes free will and human rationality; it simply refined these ideas
slightly so that they would work in the world and in day-to-day operations of the criminal justice
system. This model provided a look at possible influences that could undermine volition. Agencies
of social control in all advanced industrial societies have adopted this model of human behavior.