CRIMNOLOGY

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: FIFTH YEAR
Name of the Subject:
CRIMNOLOGY
CRIMNOLOGY A
GLANCE

According to Stephen, crime means an act which is both forbidden by law
and revolting to the moral sentiments of society.
Judicial approach to criminology suggests that an act to become a rime must
conform to two cardinal principles of criminal liability, namely:-
(i) no one is held criminally liable unless he has done an act which is
expressly forbidden under the existing criminal law of the land and has a
reprehensible state of mind to do it.
(ii) no one can be punished for an act unless it is made punishable under the
law.

According to the legal definition, ‘crime’ is any form of conduct which is
declared to be socially harmful in a State and as such forbidden by law
under pain of some punishment. Paul W. Tappan, defined crime as, “an
intentional act or omission in violation of criminal law, committed without any
defence or justification and penalized by the law as felony or misdemeanour.

Broadly speaking, every criminal behaviour must respond to the following
tests in order to be reckoned as a crime:-
(i) There should be an external act (Actus).
(ii) It should be done with some criminal intent (mens rea).
(iii) It should be prohibited conduct under the existing law, and
(iv) It should carry with it some kind of punishment.
Criminology as a branch of knowledge is concerned with those particular
conducts of human behaviour which are prohibited by society. It is, therefore,
a socio-legal study which seeks to discover the cause of criminality and
suggests remedies to reduce crimes.
Even if the legal definition of crime is accepted in preference to the social
definition for the study of criminology, it does not provide any guide as to what
kind of human conduct should be declared ‘criminal’. It is true that in most of
the crimes there is the common element of immorality and the harmful nature
of the acts constituting crime.

Paul W. Tappan was of the opinion that criminology is synonymous with the
sociology of criminal law. The view that crime is an undesirable social
behaviour is in particular reflected in the field of juvenile delinquency since
delinquency is wider term than criminality.
Even when the word crime is used in the legal sense by criminologists, it is
not all types of violation of criminal law which would fall within the domain of
criminology as the proper subject of study. In contemporary society many
offences have been created which are known as ‘social welfare offences’
based on strict responsibility. They are different from traditional crimes and,
therefore, mala in prohibita and not mala in se. The concept of mala in
Prohibita almost concides with the modern notion of ‘public welfare
offences’.

Semester: SEVENTH Semester
CRIMNOLOGY
NATURE , SCOPE AND
DEFINATION

DEFINATION OF
CRIME
This is not the case for defining the word 'crime'. It has
been perceived that by giving definitions, one significantly
outs or assigns limitations to the concept. According to
Savage and Brearly (2007, p. 23), it is quite common to
define crime as an act that contravenes the criminal law
and is therefore punishable in law. But this should not be
the case because crime is a concept that should be treated
with caution and not taken for granted.

WHAT IS
CRIMNOLOGY
Criminology (from Latin crīmen, "accusation" originally derived from the
Ancient Greek verb "krino" "κρίνω", and Ancient Greek -λογία, -logy|-logia,
from "logos" meaning: “word,” “reason,” or “plan”) is the scientific study of the
nature, extent, management, causes, control, consequences, and prevention of
criminal behavior, both on the individual and social levels. Criminology is an
interdisciplinary field in both the behavioral and social sciences, drawing
especially upon the research
of sociologists, psychologists, philosophers, psychiatrists, biologists, social
anthropologists, as well as scholars of law.
The term criminology was coined in 1885 by Italian law
professor RaffaeleGarofalo as criminologia. Later, French anthropologist Paul
Topinard used the analogous French term criminologie

WHAT IS THE CONCEPT OF CRIME?
The concept of crime is not a new term especially even in laymen's
word. It is an act committed in violation of the law. Indeed, it is an
omission forbidden by criminal law. And in the commission of a
crime, it can be punishable through imprisonment or by a fine. In
some cases, there are also other forms of punishment imposed by
the government or other governing bodies which aims not only in
reprimanding the violator but as well as in their reformation

Indeed, the nature of crime is increasingly changing largely because of
the changes in the society and the environment. Today, a crime cannot be
viewed on a single perspective alone. The concept of crime is explained
on the basis of different contending perspectives or theories. Two of the
most popular perspective that explains the nature of crime is its condition
as being a social construct and being an individual criminality.

Crime as a Social
Construct
The basis for explaining crime as a social construct is the
social environment. While crime is committed by an
individual, it is still highly relevant to the society such that,
the society is attributed to the actual realization of the
crime. Through the environment, it is believed that it can
influence the tendency of an individual to commit or engage
in crime

Crimes as an Individual
Criminality
Human individuals as considered as the basis of explaining crime as an
individual criminality. As compared to the theory of crime as a social
construct, the focus of the concept of crime as an individual criminality is
already on the individual. Rooting from the person, it looks into the innate or
inherent factors that can significantly influence the making of a criminal.
In the perspective of individual criminality, it can be asserted that a criminal is
born or can be made. In the claim that a criminal is born, it can be traced on
the studies regarding the importance of heredity. On the other hand, the claim
that a criminal is made, it is traced on an individual's environment- one's diet
and even the environment. While, the aspect of environment is still included in
the theory of individual criminality, it is still geared towards the study of the
individual.

Risk Factors
•Family
•Parental criminality
•Parental supervision/Management practices
•Income
•Parent-Child involvement
•Conflict/Separation
•Maltreatment
•Delinquent siblings
•School
•Commitment
•Behavior
•Achievement

The word ‘crime’ is of origin viz; ‘Crimean’ which means ‘charge’ or
‘offence’ Crime is a social fact.
2. The Waverly Encyclopedia defines it as, “An act forbidden by law and
for performing which the perpetrator is liable to punishment”.
3. James Anthony Froude (1818-94) wrote, “Crime is not punished as
offence against God, but as prejudicial to society”.
4. Sir John Hare (1844 - 1921) Explains, “Crimes sometimes shock us
too much: Vices always too little”.
5. Dr. Gillian J.L. points out, “More important is the feeling of danger to
ourselves and our property than the criminal–induces”. (Gillian, J.L
Criminology and penology (1945) p. 2.
6. Mr. Justin Millar contends that the crime is the commission or omission of
act which the law forbids or commands under pain of punishment to be
imposed by the State.
7. Watermark Says that customs and laws are based on moral ideas and
that ‘crimes’ are such modes of behavior as are regarded by society as
crimes.
8. According to Adler, ‘Crime’ is merely, “an instance of behavior prohibited
by criminal law”.

There are two groups of
factors leading to crime
1) Ordinary factors.
2) Specific factors.

Classes of crime
1) Ordinary types of crime,
2) 2) serious types of crime Mr. Bojore, another expert,
classifies crimes into four main types depending upon their
purpose or objective.
3) 1) Monetary crimes: Crimes done to get money. E.g. Theft,
decoity, fraud, forgery, contraband currency, etc.
4) 2) Sexual crimes: Rapes, homosexualities.
5) 3) Political crimes: Espionage (international), treachery,
treason etc.
6) 4) Miscellaneous crimes: Crimes other than the above three
types e.g. quarrels, fights, kidnapping or addiction to narcotics
etc

Walter Reckless (The Crime Problem, 1955: 6-7) has also talked of the
territory or the contents that criminology should cover. He suggests the
following boundaries to be covered by criminology:
(1) It should study how crime is reported to official sources and acted upon
officially.
(2) It should study the development of and changes in criminal laws as they
relate to social, economic, and political systems and to the social values in
various societies.
(3) It should study the characteristics of criminals, like sex, class, marital
condition, occupation, employment, psychological characteristics, physique,
pathological conditions of mind and body etc.; and compare these with those
of non-criminals. The effort here is to discover what kinds of people do and
do not get involved in crime.

In Mc Cleskey v. Kemp, 481 U.S. 279, 107 S. Ct. 1756, 95 L.
Ed. 2d 262 (1987), an individual who had been sentenced to
death for a murder in Georgia demonstrated to the U.S. Supreme
Court that a criminologist's study showed that the race of
individuals in that state impacted whether the defendant was
sentenced to life or to death. The study demonstrated that a
black defendant who had killed a white victim was four times
more likely to be sentenced to death than was a defendant who
had killed a black victim. The defendant claimed that the study
demonstrated that the state of Georgia had violated his rights
under the equal protection clause of the Fourteenth Amendment,
as well as under the Eigth Amendment's protection against Cruel
and Unusual Punishment.

Critical criminology, also called radical criminology, shares
with conflict criminology a debt to Marxism. It came into
prominence in the early 1970s and attempted to explain
contemporary social upheavals. Critical criminology relies on
economic explanations of behavior and argues that economic and
social inequalities cause criminal behavior. It focuses less on the
study of individual criminals, and advances the belief that
existing crime cannot be eliminated within the capitalist system.
It also asserts, like the conflict school, that law has an inherent
bias in favor of the upper or ruling class, and that the state and its
legal system exist to advance the interests of the ruling class.
Critical criminologists argue that corporate, political, and
environmental crime are underreported and inadequately
addressed in the current criminal justice system.

Feminist criminology emphasizes the subordinate position
of women in society. According to feminist criminologists,
women remain in a position of inferiority that has not been
fully rectified by changes in the law during the late twentieth
century. Feminist criminology also explores the ways in
which women's criminal behavior is related to their
objectification as commodities in the sex industry.
Others using the social-structural approach have studied
Gangs, juvenile delinquency, and the relationship between
family structure and criminal behavior.

It is generally said that criminal law is an index of civilization
because it is sensitive to the changes in social structure and
reflects mental fiber of a given society. This is why Prof.
Friedman calls it a barometer of moral thinking. According
to Wechsler, “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:
What conducts should be forbidden and an inquiry into the
effect of environment on these conducts ;
What condemnation is appropriate in such cases ; and
What kinds of sanctions are best to prevent these conducts?

CRIMNOLOGY
CRIME AGAINST
WOMEN

Sexual Crimes against Women in India
In an age so often characterized as
―empowering‖ for women-and with so much
rhetoric devoted to women‘s supposed choices
about their bodies and sexualities the occurrence
of rape and sexual coercion of women serve as a
sobering reminder of patriarchy‘s widespread
influence

Rape: Meaning and
Types
"Rape is a crime not only against the person of a woman it is a crime
against the entire society. It destroys the entire psychology of a woman and
pushes her into deep emotional crisis. Rape is therefore the most hated
crime8 . It is a crime against basic human rights and is violative of the
victim‘s most cherished right, namely, right to life which includes right to
live with human dignity contained in Article 219 ." Rape is one of the most
heinous crimes, impacting the victim for life. Given its enormity, it should
be considered next only to murder. Sadly, it has not been given the attention
it needs by social scientists, law makers and justice dispensers. The deep
chauvinism that runs through India‘s public institutions is apparent from the
level of local councils (khap panchayats) to the highest levels of the
judiciary. So to save themselves from rape second time during process of so
called getting justice they prefer to keep mum. Another reasons is the
pressure to seek proof, the fear of fighting a superior, the likely impact on
career, and adverse publicity prevent women from reporting sexual
harassment

Custodial Rape Custodial rape is a form of rape which
takes place while the victim is "in custody" and
constrained from leaving, and the rapist or rapists are an
agent of the power that is keeping the victim in custody.
When it happens in prison, it is known as prison rape.
While some definitions of custodial rape define it as
taking place in a state-owned institution, and perpetrated
by a state agent, the term more generally refers to any
situation where the power of a state agent is used to
enable rape; thus, when prisoner-onprisoner rape happens
as a result of neglect by the prison authorities, it may be
considered custodial rap

Gang rape Gang rape occurs when a group of people
participate in the rape of a single victim . Rape involving at
least two or more violators is widely reported to occur in
many parts of the world. However systematic information on
the extent of the problem, is scant. One study showed that
offenders and victims in gang rape incidents were younger
with a higher possibility of being unemployed. Gang rapes
involves more alcohol and other drig use, night attacks and
severe sexual assault outcomes and less victim resistance and
fewer weapons than individual rapes

Incest- Incest is sexual activity between family members and
close relatives . This may include sexual activity between
people in a consanguineous relationship (blood relations), or
related by affinity
Digital Rape Digital rape is manual manipulation of clitoris,
vulva, vagina, or anus for purpose of sexual arousal and
stimulation by use of fingers, sticks, bottles, objects etc
Marital Rape Marital Rape refers to unwanted intercourse by a
man with his wife obtained by force, threat of force, or physical
violence, or when she is unable to give consent. Marital rape
could be by the use of force only, a battering rape or a
sadistic/obsessive rape. It is a nonconsensual act of violent
perversion by a husband against the wife where she is physically
and sexually abused

Unreported Instances of Rape Crimes
against women in particular are under-
reported throughout India as a largely
conservative society often blames the
victim. Only 6 percent of cases of rape and
molestation involved strangers, the accused
being known to the victims in the rest. 60%
of sexual assaults are not reported to the
police. 15 of 16 rapists will never spend a
day in jai

Attempt to Rape In cases where an indecent assault is made upon
the person of a woman, but where rape is not committed- the
culprit is charged with Section.354 of IPC, because unless the
Court is satisfied that there was determination in the accused to
gratify his passion at any cost, and inspite of all resistance, such
person is not charged with rape. Section.354 of the IPC
prescribes punishment for anyone who assaults or uses criminal
force to any woman with an intent to outrage her modesty . An
indecent assault upon a woman is punishable under this section.
Rape is punished under Section.376; but the offence under this
Section is of less gravity than rape. And also because a person
who is guilty of attempting rape cannot be allowed to escape
with the lesser penalty of this section.

Girl and Women Trafficking in India: Status, Forms
and Causes Trafficking is defined as a trade in
something that should not be traded in for various
66 Ibid 62 social, economic or political reasons.
Thus we have terms like drug trafficking, arms
trafficking and human trafficking. The concept of
human trafficking refers to the criminal practice of
exploiting human beings by treating them like
commodities for profit. Even after being trafficked
victims are subjected to long term exploitation.

Major forms of Human Trafficking Labor: bonded labor, domestic
work agricultural labor construction work, in industries, work in the
formal and informal economy Sexual exploitation: brothels and non-
brothel commercial sexual exploitation sex tourism, socially and
religiously sanctioned forms of sexual exploitation pornography, call
girls racket, through escort services, through massage parlors, through
friendship clubs etc. Illegal activities: begging, organ trade, drug
padding and smuggling Entertainment and sports: circus dance
troupes, camel jockey, fill and video industries, dance bars modeling
etc. Marriages: for and through marriages Adoption: for and through
adoptions Recruitment in armed outfits Trafficking in Persons Report
(2009) categorized trafficking as: Forced labor ,Bonded labor, Debt
bondage among migrant laborers, Involuntary Domestic servitude,
Forced child labor, Child soldiers, Sex trafficking, Child sex
trafficking and related abusers, Commercial sexual exploitation of
children (CSEC) Child sex tourism (CST) Process and Pattern of
Human Trafficking

Trafficking is a many sided problem. Here is a roundup of the
causes: Abject poverty, especially among women
A lack of political, social and economic stability
A lack of reasonable and realistic prospects
Situations of armed conflict and oppression
Domestic violence and disintegration of the family
structure
Gender discrimination
Lack of access to education and information
The expense of social charges that employers need to pay
for the social protection of regularly employed workers

Some factors responsible for Prostitution Increased
trafficking in women and girls are taking place in a context of
rapid economic transition, globalisation, modernisation,
employment trade etc. Changes such as widening social and
economic inequality, rural unemployment and increased
poverty, new forms of mobility, breakup of communities, and
erosion of traditional values are increasing the vulnerability
of large segment of population to trafficking particularly
women and girls to sexual exploitation and trafficking.
Vulnerability of women to trafficking is rooted in the
limitations imposed by socio-economic and cultural
conditions on the control which women have in their life
circumstances and choices, including sexual circumstances

Commodification of Women Violations of Universal human rights of
women resulting from their use as commodities of trafficking take place
in countries from which they are exported as well as countries into
which they are imported. They have little control over their
circumstances, bodies and daily lives. When women and young girls
have little control over their daily lives and occupy a subordinate status,
it is extremely difficult for them to negotiate for safe sex, even if they
know about the need for it. Women and girls who are biologically more
susceptible to HIV Infection if exposed to the virus are placed at risk of
exposure because of the attitudes and sexual behaviour of men within
societal structures that directly and indirectly indiscriminate against
women and in favor of men. As expressed by Bhaiya and Dhar,
―Passivity begins to define the Women‘s role in ‗sex‘ and as a result, it
71 becomes a tool for all the ways in which women are suppressed and
subordinated, restricted, intruded upon, violated and objectified‖ (cited
in UNIFEM, 2001)

Dowry Death and its Attempt Official statistics
show a steady rise in dowry crimes. More than
95,000 women are killed every year in India over
dowry. Bihar and Uttar Pradesh still record the
maximum number of dowry crimes, four women
reportedly die every day because of dowry
harassment and domestic violence. The cases of
dowry torture are the highest accounting for 32.4%
of crimes against women in the country.

Causes There are several reasons for the prevalence
of the dowry system, but the main one is that it is a
necessary precondition for marriage. ―No dowry,
no marriage,‖ is a widespread fear.. The price tag for
the groom is now bigger and bolder. Families
arrange most marriages, and a man who does not
marry for love learns he can marry for possessions.
For this man, and his family, a woman becomes the
ticket to shortcut riches through the system of dowry.

Female Infanticide in India: Present scenario India's sex
ratio, among children aged 0-6 years, is alarming. The ratio
has declined from 976 females (for every 1000 males) in
1961 to 914 in 2011. Every national census has documented
a decline in the ratio, signaling a ubiquitous trend.
Preliminary data from the 2011 census have recorded many
districts with sex ratios of less than 850. The ratio in urban
areas is significantly lower than those in rural parts of the
country. Reports suggest evidence of violence and
trafficking of poor women and forced polyandry in some
regions with markedly skewed sex ratios. The overall steep
and consistent decline in the ratio mandates serious review

According to "National Plan of Action for Children 2005",
(published by the Department of Women and Child
Development of India) a goal has been set to eliminate
child marriage completely by 2010. This plan is proving to
be successful, though it is still difficult to monitor every
child due to the sheer population of India.

Domestic Violence against Women The term ‗domestic
violence‘ includes violence by an intimate partner and
by other family members, wherever this violence takes
place and in whatever form. Domestic violence is a
serious issue faced by several Indian women. Indian
women are known to tolerate it in silence because they
want to protect family honor and endure it for the sake
of their children

CRIMNOLOGY
Theories of Punishment

NATURE OF PUNISHMENT: The primary operation
of punishment consists simply in announcing certain
standards of behavior and attaching penalties for
deviation, making it less eligible, and then leaving
individuals to choose. This is a method of social
control, which maximizes individual freedom within
the coercive framework of the law in a number of
different way

PURPOSE OF PUNISHMENT: In primitive times, crimes
were mainly attributed to the influence of evil spirits, and
the major purpose of punishment was to placate the gods.
Later, in the evolution of punishment more stress was laid
on social revenge, because crime was considered a willful
act of a free moral agent. Society, outraged at an act of
voluntary perversity, indignantly retaliated. Thus, we started
punishing primarily for vengeance or to deter or in the
interest of just balances of accounts between "deliberate"
evildoers on the one hand and an injured and enraged
society on the other.

PUNISHMENT AS A MEANS OF CRIME PREVENTION:
Those who have violated the moral norms of the society cannot
commit crimes because their self determined concept would not
permit them to do so. Only unsocial zed (and therefore amoral)
individual fit the model of classical criminology and is deterred
from expressing deviant impulses by a nice calculation of
pleasures and punishments.
Other things being equal, the anticipation of punishment would
seem to have more deterrent value for inadequately socialized
members of the group. According to Durkheim minute gradation
in punishment would not be necessary if punishments were
simply a means of deterring the potential offender. Even though
punishment is uncertain, especially under contemporary urban
conditions the possibility of punishment keeps some conformists
law-abiding.

PUNISHMENT AS MEANS OF REFORMING THE
OFFENDER: Now, the trend is towards treatment of the
offenders. Criminologists all over the world profess that
criminals are as good or rather as bad as patients, and they
need to be treated, not punished. It would be an error to
suppose that the criminal invariably experiences punishment
as painful whereas the psycho-pathological offender always
experiences treatment as pleasant. On this assumption,
punishment may be a necessary preliminary to a
rehabilitation program in as much the same way that shock
treatment makes certain types of psychotics accessible to
psychotherapy

Immanuel Kant, the German philosopher sounds pessimistic
when he says: "Judicial punishment can never serve merely as
a means to further another good, whether for the offender
himself or for society, but must always be inflicted on him for
the sole reason that he has committed a crime."
The object of punishment must be to substitute justice for
injustice. According to Paranjape, the principle which
underlies the doctrine concerning the desirability and
objectiveness of punishment is to reduce the incidence of
criminal behavior either by deterring the potential offenders
or by incapacitating and preventing them from repeating the
offence or by reforming them into law abiding citizens.

THEORIES OF PUNISHMENT: There are four theories of
punishment, namely,
retributive theory,
deterrent theory,
preventive theory and
reformative theory.
Of all the four theories retributive theory is the first and foremost.

RETRIBUTIVE THEORY: Retribution is probably the oldest
and most ancient justification for punishment, according to
which a wrong is made right by an offender's receiving his
just deserts. It involves a "get even" spirit, at least since the
formulation (in about 1875 B.C.) Of the Code of Hammurabi
("an eye for an eye and a tooth for a tooth"), it has been
urged by leaders and accepted by the general public that the
criminal deserves to suffer
Among the ancient Jews even animals which killed human
beings were regarded as contaminated and were got rid of for
the good from the community. Many authorities have
attempted to base the forms of human punishment on
instinctive reactions, which might variously be called wrath,
anger, resentment or revenge.

Retribution theory intends that a man deserves punishment because he
has acted wrongfully. What retribution has insisted upon is that no man
can be punished unless he has broken the laws. To be more precise,
retributionists consider that the offenderi) Performed an action of a
certain culpability; ii) That the penalty will give satisfaction equivalent
to the grievance caused by his action; iii) That similar ones have been
and will be imposed on similar offenders; iv) That he was responsible
for his action and performed it with knowledge of possible
consequences according to a penalty system and, v) That unlike non-
offenders, he has gained satisfaction on the commission of an offence.
As it stands it is worth consideration as a sufficient argument for
punishing a man

DETERRENT THEORY: Retributive theory is based on
the assumption that punishment is for the sake of
punishment. It is suggested that evil should be returned for
evil without any regard to consequences. Beginning with
the Age of Reason in the eighteenth century, the aim of the
criminal law has gradually changed from punishment for
its own sake to punishment as a means of improving social
behavior. Punishment is designed not to take revenge but
to terrorize the future offenders. An exemplary punishment
should be given to the criminal so that others may learn a
lesson from him. According to Manu "Penalty keeps the
people under control, penalty protects them, penalty
remains awake when people are asleep, so the wise have
regarded punishment as a source of righteousness."

Noted criminologist Sutherland divided this theory into two
categories: 1. General Deterrence and 2. Specific Deterrence.
GENERAL DETERRENCE: Punishment is designed to deter
future crime by making an example of each defendant, thus
frightening citizens so much that they will not do what the
defendant did.
SPECIFIC DETERRENCE: Beyond serving the above-
mentioned purpose, punishment is designed to educate and
therefore to reform the criminals subjected to it. It is also
maintained that punishment reforms criminals and that it does
it by creating fear of repetition of the punishment.

PREVENTIVE THEORY: This theory was meant to restrain an offender
personally from repeating a criminal act by incapacitating him, by such
punishments such as imprisonment, death or exile. In ancient times this
form of punishment had a bearing on the nature of the crime and member
of the body most responsible for commission of such an offence thereof
used to be incapacitated. For example the hands of a thief have a major
role in an offence of theft. Chopping the hands of the thief would hence
incapacitate him from repeating theft. The punishment for perjury was
cutting one's tongue. Capital Punishment and exile served the purpose of
incapacitating an offender whatever may be the crime. This does not act
much on the motive of the offender, but disable his physical power to
repeat the offence. However, now the criminal justice system does not turn
to barbaric punishments such as mutilation and exile, though death penalty
is in the statute books of many countries

REFORMATIVE THEORY: Retribution and deterrence
are the philosophies of the classical and neo-classical
schools, with their emphasis on "let the punishment fit the
crime". The positive school on the other hand, emphasizes
the importance of the "punishment fitting the criminal". It
is the individual criminal, not the crime that is the focal
point in the positive thinking. Reformative theory emerged
of such positive thinking. According to this theory the
object of punishment should be the reformation of the
offender. This is not virtually a punishment, but a mere
rehabilitative process. It aims at making the criminal as far
as possible a better citizen by means of moral and ethical
training that is teaching him to go straight as an upright
man and meaningful citizen

REFORMATIVE THEORY AND CAPITAL PUNISHMENT: The
global winds are blowing in favour of reformatory and
rehabilitator process of punishment, as a result of progressive
changes in the penological field. The concept of retribution is
outdated. The object of punishment is neither to torture the
criminal nor to undo his crime. The purpose of punishment is to
deter others and reform the criminal. The punishment should be
such, which makes strong impression on the minds of others with
least suffering to the criminal. As a result of pathological studies
in the field of criminology and penology, it has been proved that
there is no direct connection or relation between crime and
punishment. On the other hand there is no substantial proof of the
fact that the ratio of crime increases because of soft or civilized
punishment.

"...Every saint has a past and every sinner a future, never write
off the man wearing the criminal attire but remove the
dangerous degeneracy in him, restore his retarded human
potential by holistic healing of his fevered, fatigued or
frustrated inside and by repairing the repressive, though
hidden, injustice of the social order which is vicariously guilty
of the criminal behavior of many innocent convicts. Law must
rise with life and jurisprudence responds to humanism.

FUTURE OF THE PUNISHMENT: Punishment must be just. It must
be directed to the good of the society. A punishment which prejudices
rather than promotes the good order of society is plainly not just, no
matter how guilty the offender may be, how well founded the
authority which Imposed the punishment may be. Punishment ought
to be medicinal rather than retributive. In his disclosure to the
Catholic Jurists of Italy in December 1954 Pope Pius XII stated that
the function of punishment is "the redeeming of the criminal through
repentance" and thus seemed to Set the reformation of the offender as
the primary end of penal sanction

In what does doing justice to man consist? In giving him his
due. You give fish its due by allowing it in water: you give an
artist his due by encouraging him to paint his best pictures: and
you give a man, any man, his due by fostering his power to
realize as completely as possible, his man-ness, his essential
humanity: you cannot do that by killing him

CRIMNOLOGY
Juvenile Delinquency

The Juvenile Justice Act of 2000 prescribes minimum
age at 7 years and maximum age at 18 years for
delinquents of both sexes which in a way help in
avoiding some confusion what had prevailed in
identifying a child delinquents saws sex (gender). By
definition of the Act all those who are under 18 when
committed a crime are called juvenile delinquent or
child criminal, and the Act is child crime, being treated
specially and separately as per the provision of JJ Act
of 2000.

Causes of Juvenile Delinquency in India As we have already
learnt there is no single cause or simple explanation provided
for the development of delinquent behavior. According to
Healy and Bronner , the causes of juvenile delinquency are
quite wide ranging covering from the (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 recreation, (10) street life, (11)
vocational dissatisfaction, (12) sudden impulse: and (13)
physical condition of all sorts

The factors of causation of juvenile delinquency could be
broadly classified under two major head as
(a) Social factors, and
(b) Personal factors.
The social factors of causation of juvenile delinquency are
broken homes, poverty, delinquency area companions and gangs
, beggary ,school learning dissatisfaction , films and
pornographic literature, deep seated inner desires etc
. The personal or individual factors of causation of delinquency
among children are mental deficiency, emotional problems etc

Remedies for Juvenile Delinquency The problem of juvenile
delinquency is one that has drawn the attention of Indian society
also. It is known that the delinquent child today may turn out to
be a chronic criminal tomorrow. Discussions, debates and
studies have been made at the national as well as international
levels by scholars to seek out effective remedy for this problem.
Two methods have been suggested to deal with this problem:
(A) preventive method, and
(B) rehabilitative or curative method

In order to prevent juvenile delinquency from its
occurrence the following measures have been suggested:
Creating and inspiring a team of work of private and
public agencies devoted to preventive work.
Giving proper training to the members and staff of all
organizations concerned with delinquency control.
Establishing child guidance clinics to give appropriate
treatment to the disturbed and mal-adjusted children.
Educating of the family so as to help the parents to realize
the importance of giving proper attention to the needs of
their young children.
Establishing wholesome recreational agencies to prevent
young children from becoming the victims of illicit or
unwholesome recreation.

Adopting various means of propaganda such as radio, movies,
television, newspapers, magazines, etc., to realize the importance
of law abidingness and how it is always appreciated and rewarded.
Improving the social environment -slum areas, busy market places,
gambling centers, etc., to prevent children to get polluted.
Spotting potential delinquents by predictive tests in schools and
giving appropriated treatment to such children.
The problem of beggary and poverty are to be removed or
controlled and the general economic standards of the people must
be increased to prevent children from becoming- delinquent due to
economic exigencies.

Conclusion The general outline of the topic of 'Juvenile
Delinquency’ discussed in the earlier half of this chapter
reveals that juvenile behavior is regarded as a problem of
every generation and of every corner of the world.
Deviant behavior of children has posed many social
problems from time immemorial and what has now
changed is only the nature and definition of such
behavior.

Juvenile delinquency is a misbehaviour by children. It
refers to the failure of children and youth to meet
certain obligations expected from them by the society
in which they live. According to Walter Reckless, the
term juvenile delinquency applies to the violation of
criminal code and pursuit of certain pattern of
behaviour disapproved off or children and young
adolescents

In India, the concept of juvenile delinquency is confined to the
violation of ordinary Penal Law of India, so far as the
jurisdiction of the court is concerned. The present law of India,
that is Juvenile Justice (Care and Protection of Children) Act,
2000 governs the two types of children, one, children who are
in conflict with law and second, the children who are in need of
care and protection. After studying number of definitions, one
comes to the conclusion that uniform legal definition of
juvenile delinquency does not exist. All the existing definitions
reflect the needs of the definers.

The 'behaviour content' must be taken into consideration while
labelling any child as a delinquent who should be brought
before the court must be properly known to the police,
probation officers and even to the judges. We must be able to
distinguish clearly between slight deviation and extreme
deviation to work out a systematic programme for their
treatment. Because In India, according to Mrs. Tara Alibeg, we
think of delinquents as children in need, rather than as
offenders, because India has a religion that encourages
passivity, submissiveness and acceptance of one's fate which
is good for preventing delinquency

Juvenile delinquents have been classified by different scholars
while using different criteria. The recent act applicable in
India is Juvenile Justice (Care and Protection of Children) Act,
2000 divides delinquents in two categories –
(i) juvenile in conflict with law and (
ii) child in need of care and protection. The character of the
child is moulded by his environment. Children become
delinquent by force of circumstances and not by choice.
There are many causal factors behind the occurance of
particular type of deviant behaviour

The family is one of the primary agents for the socialization
of children because child's first experience with social life
usually comes from within the family. Family environment
providing delinquent behavior can be studied with reference
to a broken home, family tensions, parental rejection, lack of
discipline, emotional instability etc. Failure of parents to
provide necessities of life such as food and clothing etc.,
draws their children to delinquency in a quest for earning
money by whatever means.

The compassion and understanding are the keys to reform the
current youth. Parens Patrie, the role of the king acting as the
parent, when no parents existed to protect the child, must be
applied wherever possible. The police, juvenile courts,
remand homes, observation homes, special homes etc. are the
various components of the entire Juvenile Justice System. The
Juvenile Justice System of any country should be based on
two fundamental assumptions –
(i) Young offenders should not be tried; they should rather be
corrected and
(ii)(ii) they should not be punished but be reformed

It is observed that police do not find sufficient time to pay
attention towards j uvenile activities. They are heavily loaded
and busy in handling the adult criminals. Many cases of
juveniles, police do not bring on the record, even if they detect
the juvenile, they do not catch him and if they do catch, they do
not present him before Juvenile Justice Board but themselves
release him on advice and admonition

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CRIMNOLOGY

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