pptcriminologyallfourunits-201105181742.pdf

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: SEVENTH SEMESTER
BA LLB/BBA LLB
NAME OF THE SUBJECT: CRIMINOLOGY
UNIT- 1 (A)
INTRODUCTION TO CRIMINOLOGY
FACULTY NAME:
Ms. Shivali Rawat
Assistant Professor (SOL)

What is criminology?
• Criminology is the interdisciplinary study of crime as both an individual and social
phenomenon, with research on the origins and forms of crime, its causes and
consequences, and social and governmental reactions to it.
• The term criminology is used both in a general and special sense. In its broadest
sense criminology is the study (not yet the complete science) which includes all the
subject matter necessary to the understanding and prevention of crime and to the
development of law, together with the punishment or treatment of delinquents and
criminals. In its narrower sense criminology is simply the study which attempts to
explain crime.
• According to Edwin Sutherland and Donald Cressey: Criminology is a body of
knowledge regarding crime as a social phenomenon. It includes within its scope the
processes of making laws, of breaking of laws, and of reaction toward the breaking
of laws.

• The word ‘Criminology’ originated in 1890. The general meaning of the term is the
scientific study of crime as a social phenomenon, of criminals and of penal
institutions.
• Prof. Kenny (analyzed /defined/ described) that Criminology is a branch of
criminal science which deals with crime causation, analysis and prevention of
crime.
• 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 causes of criminality and suggests the remedies to
reduce crimes. Therefore, it flows that criminology and criminal policy are
interdependent and mutually support one another. Thus criminology seeks to study
the phenomenon of criminality in its entirety.

• The problem of crime control essentially involves the need for a study of the forces
operating behind the incidence of crime and a variety of co-related factors
influencing the personality of the offender. This has eventually led to development
of modern criminology during the preceding two centuries.
• The purpose of study of this branch of knowledge is to analyze different aspects of
crime and device effective measures for treatment of criminals to bring about their
re-socialization and rehabilitation in the community. Thus criminology as a branch
of knowledge has a practical utility in so far as it aims at bringing about the welfare
of the community as a whole.

NATURE & SCOPE
• Criminology is an inter-disciplinary field of study, involving scholars and
practitioners representing a wide range of behavioural and social sciences as well as
numerous natural sciences.
• Sociologists played a major role in defining and developing the field of study and
criminology emerged as an academic discipline housed in sociology programs.
However, with the establishment of schools of criminology and the proliferation of
academic departments and programs concentrating specifically on crime and justice
in the last half of the 20 century, the criminology emerged as a distinct professional
field with a broad, interdisciplinary focus and a shared commitment to generating
knowledge through systematic research.
• One ultimate goal of criminology has been the development of theories expressed
with sufficient precision that they can be tested, using data collected in a manner
that allows verification and replication.

• Criminology has historically played a reforming role in relation to Criminal Law
and the criminal justice system.
• As an applied discipline, it has produced findings that have influenced legislators,
judges, prosecutors, lawyers, Probation officers, and prison officials, prompting
them to better understand crime and criminals and to develop better and more
human sentences and treatments for criminal behavior.
• Criminologists also study a host of other issues related to crime and the law. These
include studies of the Victims of Crime, focusing upon their relations to the
criminal, and their role as potential causal agents in crime; juvenile delinquency and
its correction; and the media and their relation to crime

BRIEF INTRODUCTION TO PRE- CLASSICALAND
CLASSICAL THEORIES OF CRIME

Pre-Classical School of Criminology
• The period of seventeenth and eighteenth century in Europe was dominated by the
scholasticism of Saint Thomas Aquinas. The dominance of religion in State
activities was the chief characteristic of that time. In political sphere, thinkers such
as Hobbes and Locke were concentrating on social contract as the basis of social
evolution.
• The concept of Divine right of king advocating supremacy of monarch was held in
great esteem. As scientific knowledge was yet unknown the concept of crime was
rather vague and obscure. There was a general belief that man by nature is simple
and his actions are controlled by some super power. It was generally believed that a
man commits crime due to the influence of some external spirit called ‘demon’ or
‘devil’.
• Thus an offender commits a wrongful act not because of his own free will but due
to the influence of some external super power. No attempt was, however, made to
probe into the real causes of crime.

• This demonological theory of criminality propounded by the exponents of pre-
classical school acknowledged the omnipotence of spirit, which they regarded as a
great power.
• The pre-classicals considered crime and criminals as an evidence of the fact that the
individual was possessed of devil or demon the only cure for which was testimony
of the effectiveness of the spirit. Worships, sacrifices and ordeals by water and fire
were usually prescribed to specify the spirit and relieve the victim from its evil
influence.
• An ordeal is an ancient manner of trial in criminal cases. When an offender pleaded
“not guilty”, he might choose whether he would put himself for trial upon God and
the country, by 12 men or upon God only, and then it was called ‘the judgment of
God’, presuming that God would deliver the innocent. Examples of such ordeals
are, throwing into fire, throwing into water after tying a stone to his neck,
administration of oath by calling up God’s wrath, trial by battle, etc.

• Trial by battle was common mode of deciding the fate of criminal. The oaths and
ordeals played a very important role in the ancient judicial system in determining
the guilt of the offender. The justification advanced for these rituals was the familiar
belief that “when the human agency fails, recourse to divine means of proof
becomes most inevitable”. Though these practices appear to be most irrational and
barbarous to the modern mind, they were universally accepted and were in
existence in most Christian countries till thirteenth century.
• The right of society to punish the offender was, however, well recognized. The
offender was regarded as an innately depraved person who could be cured only by
torture and pain. The evolution of criminal law was yet at a rudimentary stage.

Classical School
• The Classical School in criminology is usually a reference to the eighteenth-century
work during the Enlightenment by the utilitarian and social contract philosophers
Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal
justice and penology and, indirectly through the proposition that "man is a
calculating animal", in the causes of criminal behaviour. The Classical school of
thought was premised on the idea that people have free will in making decisions,
and that punishment can be a deterrent for crime, so long as the punishment is
proportional, fits the crime, and is carried out promptly.
• Classical theory assumes that people are rational and engage in crime to minimize
their pain and maximize their pleasure.
• Beccaria, the pioneer of modern criminology expounded his naturalistic theory of
criminality by rejecting the omnipotence of evil spirit. He laid greater emphasis on
mental phenomenon of the individual and attributed crime to ‘free will’ of the
individual. Thus he was much influenced by the utilitarian philosophy of his time
which placed reliance on hedonism, namely, the “pain and pleasure theory”.

• Beccaria was considered to most the “father” of Criminology. He was the most
important figure head of what is known as the Classical Theory and offered the
theory of utility. He rejected the theories which characterized the deviant behaviour
under the theories of naturalism and even demonology.
• Beccaria set out to make punishment for committing crimes rational.
• He believed that there should be a hierarchy of punishment a scale determining
what punishments is suitable for the behavior and/or intent.
• The scale of punishment would have set punishments for repeat offenders as well as
for the more serious crimes.
• He abolished Death penalty.
• According to him it is Better to Prevent Crime than to Punish Them
• The scale of punishment, Beccaria was working on, would only impose the death
penalty depending on the severity of the crime and not the act or acts of committing
or involvement.

• Bentham devoted his life to developing a scientific approach to the making and
breaking of laws. Like Beccaria he was concerned with achieving “the greatest
happiness of the greatest number.” His work was governed by utilitarian
principles. Utilitarianism assumes that all human actions are calculated in
accordance with their likelihood of bringing happiness (pleasure) or unhappiness
(pain). People weigh the probabilities of present future pleasures against those of
present and future pain.
• According to him law exists in order to create happiness for the community. Since
punishment creates unhappiness, it can be justified only if it prevents a greater evil
than it produces.

Shortcomings of the Classical School
• The contribution of classical school to the development of rationalized
criminological thinking was by no means less important, but it had its own pitfalls.
• The classical school proceeded on an abstract presumption of free will and relied
solely on the act (i.e., the crime) without devoting any attention to the state of mind
of the criminal.
• It erred in prescribing equal punishment for same offence thus making no
distinction between first offenders and habitual criminals and varying degrees of
gravity of the offence.

Neo-Classical School
• In criminology, the Neo-Classical School continues the traditions of the Classical
School within the framework of Right Realism.
• The neo-classists asserted that certain categories of offenders such as minors, idiots,
insane or incompetent had to be treated leniently in matters of punishment
irrespective of the similarity of their criminal act because these persons were
incapable of appreciating the difference between right and wrong.
• This tendency of neo-classists to distinguish criminals according to their mental
depravity was indeed a progressive step inasmuch as it emphasized the need for
modifying the classical view.

• The main contribution of neo-classical school of criminology lies in the fact that it
came out with certain concessions in the ‘free will’ theory of classical school and
suggested that an individual might commit criminal acts due to certain extenuating
circumstances which should be duly taken into consideration at the time of
awarding punishment.
• The personality of the criminal as a whole, namely, his antecedents, motives,
previous life-history, general character, etc., should not be lost sight of in assessing
his guilt.

SOCIOLOGICAL & PSYCHOLGICAL THEORIES OF
CRIME

PSYCHOLOGICAL THEORY
Psychological theories of crime say that criminal behaviour is a result of
individual differences in thinking processes. They all believe that it is the
person's thoughts and feelings that dictate their actions. As such, problems in
thinking can lead to criminal behaviour.
- There are four basic ideas when it comes to psychological theories of crime.
These general assumptions are that crime is a result of:
• 1. Failures in psychological development
• 2. Learned behaviours of aggression and violence that they earn from family or
friends.
• 3. Inherent personality traits
• 4. Relationship of criminality to mental illness

PSYCHOANALYTIC THEORY
• Crime causation are associated with the work of Sigmund Frued who
believed that people who had unresolved deep seated problems are
psychopaths.
• The psychoanalytic theory related to crime comes from the imbalance of
these id, ego and superego .
• When these id, ego, and superego are imbalanced it causes people to commit
crimes. Therefore, in regards to criminology the psychoanalytic theory
suggests that every day occurrences are not the cause of the problem just
simply triggers of underlying problems that has caused the imbalance of the
id, ego and superego.
• The root to these problems is hid in the unconscious and must be brought to
the conscious by psychoanalysis therapy.
• Psychoanalytic Theory believe that we are born as blank slates and it is the
things that happen to us in the early years of life that determine our ability to
develop criminal behaviour or not.

SOCIOLOGICAL THEORIES OF CRIME
The largest number of criminological theories have been developed through
sociological inquiry. These theories have generally asserted that criminal
behaviour is a normal response of biologically and psychologically normal
individuals to particular kinds of social circumstances they are put in.
• DIFFERENTIAL ASSOCIATION THEORY
• ANOMIE THEORY
• SUBCULTURE THEORY
• ECOLOGICAL THEORY

DIFFERENTIAL ASSOCIATION
• The theory of DIFFERENTIAL ASSOCIATION, which claims that all
criminal behaviour is learned and that the learning process is influenced
by the extent of the individual’s contact with persons who commit crimes.
• The more an individual associates with such persons, the more likely it
becomes that he will learn and adopt criminal values and behaviours of that
particular person.
• This theory focuses on the association with different types of people as the
root cause of criminal behaviour in a person.

ANOMIE
• The theory of ANOMIE, proposed by the American sociologist Robert K.
Merton, suggests that criminality results from an offender’s inability to
attain his goals by socially acceptable means. Faced with this inability, the
individual is likely to turn to other, not necessarily socially or legally
acceptable objectives or to pursue the original objectives by unacceptable
means.
• The basic idea of Merton’s anomie theory is that most people strive to achieve
culturally recognized goals. A state of anomie develops when access to these
goals is blocked to entire groups of people or individuals. The result is a
deviant behaviour characterized by rebellion, retreat, ritualism, innovation,
and/or conformity. Crime results predominantly from innovation.

• Durkheim sees anomie as a state of social disintegration. Due to a far-reaching
social change (here: industrialisation, introduction of the structural principle of
division of labour), social differentiations are increasingly emerging (e.g. poor
– rich, urban – rural, religious – secularised, etc.). The disappearance of old
principles of structure and order weakens social cohesion. As a result, general
social rules are no longer observed; the collective order dissolves and a state of
anomie emerges. The consequences of this are increased suicide and crime
rates.

SUBCULTURE
• Cohen’s SUBCULTURE theory assumes that crime is a consequence of the
union of young people into so-called subcultures in which deviant values
and moral concepts dominate.
• Subsystems or ant systems of society with their own attitudes and norms that
often contradict the moral concepts of majority society.
• According to Cohen, the union of young people into subcultures is the result
of adjustment and status problems of their members caused by the inequality
of the existing class society.
• Subcultural Theory linked to anomie and strain are concepts of status
frustration and differential opportunity, which North American subcultural
theorists used to explain the delinquent activities of disadvantaged groups in
the 1950s and 60s. Status frustration is associated with the work of Albert
Cohen (1955), who conducted research into group offending by young, lower-
class men.

• Cohen argued that lower-class youths could not aspire to middle-class cultural
goals and so, frustrated, they rejected them to create their own subcultural
system of values. In school, for example, they gain status and respect by
meeting the expectations of peers not teachers, engaging in delinquent
activities such as smoking, truanting, and acting up in class.
• Richard Cloward and Lloyd Ohlin (1960) built on these ideas, pointing to
the differential opportunity structures available to lower-class young people in
different neighbourhoods: criminal (making a living from crime), conflict
(territorial violence and gang fighting) and retreatist (drugs and alcohol).

ECOLOGICAL THEORY
• This theory focuses on influence of neighbourhood organisation on criminal
activity. Majorly in poorer neighbourhood due to chaotic and disorganised
conditions there is relatively higher crime rate than other neighbourhoods.
• This theory points towards the cause of crime being directly related to physical
environment in which people live and interact and thus such social conditions
create criminal and non-criminal behaviour in a person.

Morphological (body type) theories
• Related to the biochemical theories are those that distinguish types of
personalities on the basis of body shape (somatotype). Such a morphological
theory was developed by the German psychiatrist Ernst Kretschmer.
• In his book Physique and Character, first published in 1921, he wrote that
among his patients a frail, rather weak (asthenic) body build as well as a
muscular (athletic) physique were frequently characteristic of schizophrenic
patients, while a short, rotund (pyknic) build was often found among manic-
depressive patients.
• Kretschmer extended his findings and assertions in a theory that related body
build and personality in all people and wrote that slim and delicate physiques
are associated with introversion, while those with rounded heavier and shorter
bodies tend to be cyclothymic—that is, moody but often extroverted and
jovial.

• Despite early hopes that body types might be useful in classifying personality
characteristics or in identifying psychiatric syndromes, the relations observed
by Kretschmer were not found to be strongly supported by empirical studies.
• In the 1930s more elaborate studies by William H. Sheldon in the United States
developed a system for assigning a three-digit somatotype number to people,
each digit with a range from 1 to 7.
• Each of the three digits applies to one of Sheldon’s three components of body
build: the first to the soft, round endomorph, the second to the square, muscular
mesomorph; and the third to the linear, fine-boned ectomorph. Thus, an
extreme endomorph would be 711, an extreme ectomorph 117, and an average
person 444. Sheldon then developed a 20-item list of traits that differentiated
three separate categories of behaviours or temperaments.

Constitutional Theory
• Constitutional Theory, specifically focuses on the idea of somatotyping. With
this theory and the ideas that follow it, the findings behind crime behaviour,
and how the Constitutional theory specifically deals with crime and
criminology.
• To start there needs to be an understanding of what exactly somatotyping is.
By definition somatotyping is: “the structure or build of a person, especially
to the extent to which it exhibits the characteristics of an ectomorph, an
endomorph, or a mesomorph”
• A U.S. psychologist W.H. Sheldon created the idea of somatotyping; in his
system he classified human beings in regards to their body type or build.
• He based his classification: round, fat type; mesomorphic, or muscular
type; and ectomorphic, or slim, linear type.
• Constitutional factors include gender, age, intelligence, personality, and
psychopathology.

• During the 1940s, Sheldon developed and tested his classification system,
known as somatotyping. He created three classifications:
• (1) ectomorphs, who were thin, delicate, flat, and linear;
• (2) endomorphs, who were heavy or obese, with a round, soft shape; and
• (3) mesomorphs, who were rectangular, muscular, and sturdy.
• In subsequent studies of juvenile delinquency, Sheldon argued that
mesomorphic types were more likely to engage in crime, ectomorphs were
more likely to commit suicide, and endomorphs were more likely to be
mentally ill. Although Sheldon linked physical and psychological
characteristics and concluded that both were the result of heredity, he failed to
support that conclusion with valid statistical methods.

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of
NCT of Delhi & Bar Council of India)
UNIT- 2 (A)
RADICAL THEORY OF CRIME

RADICAL THEORY
• Radical criminology may be referred to as Marxist, conflict, or critical
criminology. The ideological perspectives defined in the early years of radical
criminology continue to serve as a foundation for criminologists interested in
anarchist, environmental, feminist, constitutive, cultural, peacemaking,
restorative, and other branches of critical criminology. All branches of radical
or critical criminology share concepts and principles centered on the
distribution of power and ways in which the law protects the interests of the
ruling class.
• Radical or critical criminologists, many of whom were politically active during
the 1960’s, generally adhere to Marxist principles. While Marx did not
specifically discuss crime, his writings focused on law, power, and social and
economic control, each of which are important variables to consider in an
examination of crime and justice.

• Radical criminologists argue that the law serves those with the power to translate
their interests into public policy. Rather than accepting the premise of law as a
product of consensus, radical criminologists define law as a set of rules defined
and enforced by the state.
• Radical criminology may be referred to as Marxist, conflict, or critical
criminology. The ideological perspectives defined in the early years of radical
criminology continue to serve as a foundation for criminologists interested in
anarchist, environmental, feminist, constitutive, cultural, peacemaking,
restorative, and other branches of critical criminology. All branches of radical or
critical criminology share concepts and principles centred on the distribution of
power and ways in which the law protects the interests of the ruling class.
• Radical or critical criminologists, many of whom were politically active during
the 1960’s, generally adhere to Marxist principles. While Marx did not
specifically discuss crime, his writings focused on law, power, and social and
economic control, each of which are important variables to consider in an
examination of crime and justice.

• Radical criminologists argue that the law serves those with the power to
translate their interests into public policy. Rather than accepting the premise of
law as a product of consensus, radical criminologists define law as a set of rules
defined and enforced by the state.
• Critical scholars argue that our criminal justice system neutralizes potential
opposition to the state by targeting the actions of those who are most oppressed.
In addition to controlling opposition, these laws often reproduce hierarchies
that serve the interests of those in power.
• Radical criminologists challenge mainstream criminology’s focus on theoretical
explanations of the causes of criminal behaviour and the measurement of crime
reported in the Uniform Crime Reports.

• The focus on common crimes and individual responsibility, leading to
punishments intended to deter individuals from choosing crime, serves the
state’s interest in repression. Individual blame also diverts attention from
structural models of causation and relieves those in power from accepting
responsibility.
• Radicals argue that the discipline of criminology, the general public, and
politicians focus on crime in the streets, allowing those in power to commit far
greater criminal acts with little fear of retribution.
• Radical theory tend to view criminal law as an instrument by which the
powerful and affluent coerce the poor into patterns of behaviour that preserve
the status quo. One such view, the so-called “peacemaking” theory, is based on
the premise that violence creates violence.

• KEY POINTS
• Radical criminology is a conflict ideology which bases its perspectives on
crime and law in the belief that capitalist societies precipitate and define
crime as the owners of the means of production use their power to enact laws
that will control the working class and repress threats to the power of the
ruling class. In the view of radical criminology, the solution to the crime
problem is to overthrow capitalist systems and establish social systems
where class and economic conflict is eliminated.
• It blames unequal distribution of wealth, power and other resources.
• It views crimes as reaction of individual against ruling class.
• Radical criminology, closely linked to critical criminology, is a Marxist
approach to crime that looks at criminality in its full social context and
specifically considers how the ruling class uses crime to further its own
interests.

• It views crimes as reaction of individual against ruling class.
• Radical criminologists reject the legalistic definition of crime for one centred
in the violations of human rights.
• Radical criminologists also reject all individualistic theories of crime such as
biological and psychological in favour of analyzing the social conditions that
cause individuals to be labelled as criminals.
• The only way to solve the crime problem is to overthrow the capitalism system
from which the conflict originates.
• Radical criminologists are abolitionist as they seek to end all state criminal
justice systems that cause the suffering of the oppressed.

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of
NCT of Delhi & Bar Council of India)
UNIT- 2 (B)
CRIME AGAINST WOMEN

Crime Against Women
• “Crime against women” means direct or indirect physical or mental cruelty to
women.
• Woman is subjected to criminal hardships in different forms such as are eve-
teasing, molestation, bigamy, fraudulent marriage, enticement of married
women, abduction and kidnapping, rape, harassment to women at working
place, wife beating, dowry death, female child abuse and abuse of elderly
female etc.
• Almost every woman have gained tolerance towards and have experienced
the feeling of being mistreated, trivialized, kept out, put down, ignored,
assaulted, laughed at or discriminated against because of her gender.

Constitutional Provisions for women
• Article 14, confers on men and women equal rights and opportunities in
political, economic and social sphere.
• Article 15, prohibits, discrimination against any citizen on grounds of religion,
race, caste, sex etc.
• Article 16, provides for equality of opportunities matters relating to
employment or appointment to any office under the state.
• Article 39(a)(d), mentions policy security of state equality for both men and
women the right to a means of livelihood and equal pay for equal work for
both men and women.
• Article 42, Direct the State to make provision for ensuring just and humane
conditions of work and maternity relief.

Special Legislations for Women
• Factories Act 1948: Under this Act, a woman cannot be forced to work beyond
8 hours and prohibits employment of women except between 6 A.M. and 7 P.M.
• Maternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave
with full wages.
• The Dowry Prohibition Act, 1961: Under the provisions of this Act demand of
dowry either before marriage, during marriage and or after the marriage is an
offence.
• The Equal Remuneration Act of 1976: This act provides equal wages for
equal work: It provides for the payment of equal wages to both men and women
workers for the same work or work of similar nature. It also prohibits
discrimination against women in the matter of recruitment.
• The Child Marriage Restrain Act of 1976: This act raises the age for
marriage of a girl to 18 years from 15 years and that of a boy to 21 years.

• The Medical Termination of Pregnancy Act of 1971: The Act safeguards
women from unnecessary and compulsory abortions.
• 73rd and 74th Constitutional Amendment Act reserved 1/3rd seats in
Panchayat and Urban Local Bodies for women.
• Protection of Women from Domestic Violence Act, 2005: This Act protects
women from any act/conduct/omission/commission that harms, injures or
potential to harm is to be considered as domestic violence. It protects the
women from physical, sexual, emotional, verbal, psychological, economic
abuse.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 is a legislative act in India that seeks to protect
women from sexual harassment at their place of work.
• The National Commission for Women Act, 1990: The Commission was set
up in January, 1992 to review the Constitutional and legal safeguards for
women.

Crimes against Women under the Indian Penal Code, 1860
• Acid Attack (Sections 326A and 326B)
• Rape (Sections 375, 376, 376A, 376B, 376C, 376Dand 376E)
• Attempt to commit rape (Section 376/511)
• Kidnapping and abduction for different purposes (Sections 363–373)
• Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
• Cruelty by husband or his relatives (Section 498A)
• Outraging the modesty of women (Section 354)
• Sexual harassment (Section 354A)
• Assault on women with intent to disrobe a woman (Section 354B)
• Voyeurism (Section 354C)
• Stalking (Section 354D)
• Importation of girls up to 21 years of age (Section 366B)
• Word, gesture or act intended to insult the modesty of a woman (Section 509)

UNIT- 2 (C)
CRIME AGAINST CHILDREN

Constitutional Provisions Regarding Rights of Children
• The Constitution in its Part III (Fundamental Rights) and Part IV (Directive
Principles of State Policy) guarantees under the articles mentioned below,
rights to the children of India:
PART III:
• Article 14: Citizens of India, including children, must be treated equally
before law and must be given equal protection by the law without any
discrimination or arbitrariness.
• Article 15(3): Discrimination is prohibited by the constitution. However, it
shall not hold a ground to prevent the state from making special provisions for
women and children for their benefit.

• Article 21: No person shall be deprived of his life or personal liberty without
due process of law. A person has the right to adequate food, shelter, clothing,
etc. Such life shall not mean mere animal existence
• Article 21A: The State shall provide free and compulsory education to all the
children falling in the age group of six to fourteen years in such manner as the
State may, by law, determine.
• Article 23: Prohibits trafficking in human beings and beggar or any other form
of forced labour.
• Article 24: Prohibits employment of children under the age of fourteen years
in a factory, mine or in any other hazardous employment.

PART IV:
• Article 39 (e): The state shall thrive to ensure that the tender age of children is
not abused and that citizens are not forced by economic necessity to enter a
vocations unsuited to their age or strength.
• Article 39 (f): The state shall ensure children are given opportunities and
facilities to develop in a healthy manner and in conditions of freedom and
dignity. It must also be ensured that childhood and youth are protected against
exploitation and against moral and material abandonment.
• Article 41: The state is obliged to, within its economic capacity and
development, secure provisions for educational opportunities and facilities.
• Article 44: The state shall make all possible efforts to secure a Uniform Civil
Code for all the citizens, thereby implying a uniform code for the adoption of
children.
• Article 45: The state shall endeavour to provide free and compulsory education
to children until they attain they age of fourteen years.

• Article 46: It is the duty of the state to promote the educational and economic
interests of weaker sections of the society with special care and therefore, the
children therein.
• Article 47: The state is duty-bound to raise the level of nutrition and the
standard of living and to improve public health, including that of children.
• Article 51 (c): International laws and treaties shall be respected by the state to
every possible extent, including the CRC and its optional protocols, Optional
Protocol to CRC on Sale of Children, Child Prostitution and Child Pornography
and Optional Protocol to CRC on the Involvement of Children in Armed
Conflict.
• Article 51 A (k): It shall be the duty of every citizen of India who is a parent or
guardian to provide opportunities for education to his child or, as the case may
be, ward between the age of six and fourteen years.
• Article 243G provides for the institutionalisation of child care by seeking to
entrust programs of Women and Child Development to Panchayat (Item 25 of
Schedule 11).

Crimes against children
Crimes against children punishable under the Indian Penal Code (IPC) are:
• a) Murder (302 IPC)
• b) Foeticides (Crime against a foetus) Section 315 & 316 IPC.
• c) Infanticides (Crime against newborn child) (0 to 1 year) Section 315 IPC.
• d) Abetment to Suicide (abetment by other persons for commitment of suicide
by children) Section 305 IPC.
• e) Exposure & Abandonment (Crime against children by parents or others to
expose or to leave them with the intention of abandonment): Section 317 IPC.
• f) Kidnapping & Abduction.

• g)Procuration of minor girls (for inducement to force or seduce to illicit
intercourse): Section 366-A IPC.
• h) Selling of girls for prostitution (Section 372 IPC).
• i) Buying of girls for prostitution (Section 373 IPC).

Special Legislations for Children
• Child Marriage Restraint Act, 1929 (Amended in 1979): It restraints child
marriage until the minimum age, i.e. 21 for male and 18 for female, has been
attained by them. It applies to the people of all the religions.
• Immoral Traffic (Prevention) Act (Amended in 1986), 1956: This act with
respect to children deals with person(s) who procure or attempt to procure any
child for prostitution or person(s) who are found with a child in a brothel (it is
presumed child has been detained for the purpose of prostitution) and punishes
them. It also provides for the due care of rescued children.
• The Women’s and Children’s (Licensing) Act, 1956: The Act was enacted
with an object to protect women and children from exploitation and inhuman
activities going on in institutions. It mandates the institutions for women and
children to get a license from the licensing authority before establishing or
maintaining the institution.

• Probation of Offenders Act, 1958: This act with the help of the Juvenile
Justice Act, 2000 tries to ensure that no person under the age of 21 years faces
imprisonment.
• National Policy for Children, 1974: It is the first written policy for the
children in India. It aims at providing better enforcement of constitutional
rights of the children along with those granted by the CRC. Some of the
provisions include free education, comprehensive health and nutritious plans,
etc.
• Bonded Labour System (Abolition) Act, 1976: The act aims at eradicating
the bonded labour system in India which exploits the weaker sections of
society, especially children.
• Child Labour (Prohibition and Regulation) Act, 1986: This act regulates
the working conditions for children in employment and prohibits working of
children in certain kinds of employments.

• National Policy on Education, 1986: The policy is extensive in nature and
elementary, university and adult level education, all fall under its scope. It tries
to remove inequality by making special provisions for women and other weaker
sections of society such as Schedule Castes, Schedule Tribes, etc.
• National Policy on Child Labour, 1987: The act endeavours to eradicate child
labour from Indian society wherever necessary.
• Juvenile Justice (Care and Protection of Children) Act, 2000: This act is one
of the important acts in India for the children in need of care and protection and
also children in conflict with the law. It requires that the state provides free legal
support to the juveniles, and proper care and protection is provided to those in
need. It also calls for a child-friendly approach in adjudication and disposition
of matters involving children.

• The Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Amendment Act, 2000: The main objective of the Act is to regulate
and prevent the pre-natal sex determination in order to prevent female
foeticide.
• National Health Policy, 2002: This is the second National Health Policy, after
the first in 1983. The policy provides for Universal Immunization
Programmes, health care related education in schools and free regular health
checkups at schools etc.
• Protection of Children from Sexual Offences Act, 2012: The act aims at
punishing the offenders who are guilty of sexual offences against children
below the age of 18 years of age. It also lays down procedures for the trial,
such as, the name of child victim shall not be disclosed, proceedings of the
case are to be conducted in court with cameras recording the trial, accused is
not to be kept in-front of the child victim during examination or cross-
examination, etc.

Some more laws and policies in India for children can be found in:
• Factories Act, 1948 (Amended in 1949, 1950 and 1954)
• Hindu Adoption and Maintenance Act, 1956
• Orphanages and Other Charitable Homes (Supervision and Control) Act,
1960
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,
1987
• Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989
• Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act, 1992
• National Nutrition Policy, 1993
• Transplantation of Human Organ Act, 1994
• Information Technology Act, 1996

• The Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Amendment Act, 2002
• National Charter for Children, 2003
• National Plan of Action, 2005
• Prohibition of Child Marriage Act, 2006
• Juvenile Justice (Care and Protection of Children) Act (Amendment,
2006), 2006
• The Right of Children to Free and Compulsory Education Act, 2009
• The Child Labour (Prohibition and Regulation) Amendment Bill, 2012
• The National Policy for Children, 2013
• Juvenile Justice Rules Gazette Notification, 2016
• The Rights of Persons with Disabilities Bill, 2016

UNIT- 2 (D)
SPECIAL TYPES OF CRIME IN INDIA

Honour Killing
• An honour killing or shame killing is the homicide of a member of a family by
other members, due to the perpetrators belief that the victim has brought shame
or dishonour upon the family, or has violated the principles of a community or a
religion, usually for reasons such as refusing to enter an arranged marriage, being
in a relationship that is disapproved by their family, having sex outside marriage,
becoming the victim of rape, dressing in ways which are deemed inappropriate,
engaging in non-heterosexual relations or renouncing a faith.
• Honour killings have been described as “chillingly common in villages of
Haryana dominated by the lawless khap panchayats (caste councils of village
elders)”.

• In a landmark judgment in March 2010, Karnal district court ordered the execution
of five perpetrators of an honour killing in Kaithal, and imprisoning for life the
khap (local caste-based council) chief who ordered the killings of Manoj Banwala
(23) and Babli (19), a man and woman of the same clan who eloped and married
in June 2007.
• Despite having been given police protection on court orders, they were
kidnapped; their mutilated bodies were found a week later in an irrigation canal.

Important case laws
• In the case of Lata Singh Vs State of Uttar Pradesh and others (2007) the apex
court directed that such acts of violence or threats or harassment are wholly illegal
and those who commit them must be severely punished.
• India is a free and democratic country, and once a person becomes a major he or
she can marry whosoever he/she likes. The administration/police authorities
throughout the country was directed to see to it that if any boy or girl who is a
major undergoes inter-caste or inter-religious marriage with a woman or man who
is a major, the couple are not harassed by any one nor subjected to threats or acts
of violence, and anyone who gives such threats or harasses or commits acts of
violence either himself or at his instigation, is taken to task by instituting criminal
proceedings by the police against such persons and further stern action is taken
against such persons as provided by law.

• The Supreme Court in Bhagwandas v. State (Govt of NCT) Delhi (2011) has
held that “honour killings, for whatever reason, come within the category of rarest
of rare cases deserving death punishment. It is time to stamp out these barbaric,
feudal practices which are a slur on our nation. This is necessary as a deterrent for
such outrageous, uncivilized behaviour. All persons who are planning to perpetrate
honour killings should know that the gallows await them.”

Witch Hunting
• India is a land where the women are treated as symbol or are considered as a
token of their community, family, caste and all other diverse divisions. Where
people on one hand worship them in name of Goddesses on the other hand kill
them considering them witch. This practice of killing is not new for Indian society
rather it has its deep roots in history.
• A witch denotes women who acquire supernatural powers and are indulged in evil
practices which are omen. It is believed that they are associated to negative energy
and for their betterment and for enhancing their power they kill innocent members
of society.
• They may be called in different names as Chudail, Dayan, Tohni, etc. but the zest
is that they possess supernatural powers which they use to hamper others.
Therefore Witch Hunting is a process of killing these people in order to protect the
society from being harmed by them.

• In name of witch hunting people kill innocent women, rape them, to acquire
their property and some time it is being used as a tool for vengeance.
• There is no specific and particular national level legislation that penalises Witch
hunting hence the provisions under the Indian Penal Code 1860 can be used as
an alternative for the victim.
• The different sections invoked in such cases are Sec.302 which charge for
murder, Sec307 attempt for murder, Sec 323 hurt, Sec 376 which penalizes for
rape and Sec. 354 which deals with outraging a woman’s modesty. Therefore,
there is an immediate need for enacting a National Law on witch hunting.

Apart from the provisions under Indian Penal Code different states have come up
with different legislation to tackle the problem of witch hunting, few of them are:
• Bihar though being most backward was the first state in India to pass a law
against witch hunting in the year 1999, which was named “Prevention of Witch
(Dayan) Practices Act.”
• Jharkhand followed it and established “Anti Witchcraft Act” in 2001 to protect
women from inhuman treatment as well to provide victim legal recourse to abuse.
Basically Section 3, 4, 5 and 6 of the concerned Act talks about the punishment
which will be granted if any one identify someone as witch, tries to cure the
witch and any damages caused to them. Whereas Section 7 states the procedure
for trial.
• Chhattisgarh government passed a bill in 2005 named “Chhattisgarh Tonhi
Pratama Bill”, which was established to prevent atrocities on women in name of
Tonhi.

Female foeticide
• Sex preference is a deep rooted problem in India. Families who selective
against girl children choose to abort the child before it is born. The boy child is
preferred since he will carry on the family name, provides for the elders and is
not a burden on the family at the time of marriage.
• Female foeticide is the earliest stage possible in the discrimination of women
and girls. It is a gender-selective abortion where a female fetus is illegally
terminated solely based on the reason that the fetus is a girl. Through recent
technology developments in the past 20 years, we are now able to detect the
gender of the fetus much earlier in the pregnancy. Because of this, there is a
rapidly increasing number of gender-selective abortions performed in India.
Female foeticide occurs all over India, from the rural villages to the urbanized
cities.

• In 1994 the Government of India in an attempt to stop female foeticide passed
the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act.
The main purpose of enacting the act is to forbid the use of sex selection
practices before or after conception and prevent the abuse of prenatal diagnostic
technique for sex selective abortion.
• Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and Pre-
Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act (PCPNDT
Act) to improve the regulation of the technology used in sex selection.

Organised Crime
• Organised crime is defined as “those involved, normally working with others,
in continuing serious criminal activities for substantial profit, elsewhere”.
Organised criminals that work together for the duration of a particular criminal
activity or activities are what we call an organised crime group.
• Organised crime group structures vary. Successful organised crime groups
often consist of a durable core of key individuals. Around them, there’s a
cluster of subordinates, specialists, and other more transient members, plus an
extended network of disposable associates.
• Organized crime is a complex of highly centralized enterprises set up for the
purpose of engaging in illegal activities. Such organizations engage in offenses
such as cargo theft, fraud, robbery, kidnapping for ransom, and the demanding
of “protection” payments.
• The principal source of income for these criminal syndicates is the supply of
goods and services that are illegal but for which there is continued public
demand, such as drugs, prostitution and gambling.

• Criminal Conspiracy Sec. 120-A of the Indian Penal Code defines criminal
conspiracy as:
• “When two or more persons agree to do, or cause to be done-
(1) An illegal act, or
(2) An Act which is not illegal by illegal means.
Such an agreement is designated as criminal conspiracy: provided that no
agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to
such agreement in pursuance thereof, merely incidental to that object”.
• Section 120-B of the India Penal Code provides for punishment for criminal
conspiracy.
• There is no central legislation to suppress ‘gang activity’ having countrywide
applicability. The State of Uttar Pradesh, most populous and politically most
powerful in enacted Uttar Pradesh Gangsters and Anti-Social Activities
(Prevention) Act,1986, which is applicable in that State only.

Essentials of Organised crime
• Continuity: The criminal group operates beyond the life time of individual
members and is structured to survive changes in lead ship.
Structure: The criminal group is structured as a collection of Hierarchically
arranged interdependent offices devoted to the Accomplishment of a
particular function.
Membership: The membership in the core criminal group is restricted and
based on common traits such as ethnicity, criminal background or common
interests.
Criminality: The criminal group relies on continuing criminal activity to
generate income. Thus, continuing criminal conspiracy is inherent in organized
crime. Some activities such- as supplying illegal goods and services.

• Violence: Violence and the threat of violence are an integral part of a criminal
group. The violence or threat of it is used against the members of the group to
keep them in line as also against the outsiders to protect the economic
interests of the group. Members are expected to commit, condone or authorize
violent acts.
• Power/Profit Goal: The members of the criminal group aim at maximizing
the group’s profits. The political power is achieved through the
corruption of public officials, including legislators and political executive

TYPES OF ORGANISED CRIME
Drug Abuse and Drug Trafficking
It is perhaps the most serious organised crime affecting the country and is truly
transnational in character. India is geographically situated between the countries of
Golden Triangle and Golden Crescent and is a transit point for narcotic drugs
produced in these regions to the West. India also produces a considerable amount
of licit opium, part of which also finds place in the illicit market in different forms.
Illicit drug trade in India centres around five major substances, namely, heroin,
hashish, opium, cannibas and methaqualone. Seizures of cocaine, amphetamine,
and LSD are not unknown but are insignificant and rare.
Smuggling
Smuggling, which consists of clandenstine operations leading to unrecorded trade,
is another major economic offence. The volume of smuggling depends on the
nature of fiscal policies pursued by the Government. The nature of smuggled items
and the quantum thereof is also determined by the prevailing fiscal policies.
India has a vast coast line of about 7,500 kms and open borders with Nepal and
Bhutan and is prone to large scale smuggling.

• Though it is not possible to quantify the value of contraband goods smuggled
into this country, it is possible to have some idea of the extent of smuggling
from the value of contraband seized, even though they may constitute a very
small proportion of the actual smuggling.
Money Laundering & Hawala
• Money laundering means conversion of illegal and ill-gotten money into
seemingly legal money so that it can be integrated into the legitimate economy.
Proceeds of drug related crimes are an important source of money laundering
world over. Besides, tax evasion and violation of exchange regulations play
an important role in merging this ill-gotten money with tax evaded income so as
to obscure its origin. This aim is generally achieved via the intricate steps of
placement, layering and integration so that the money so integrated in the
legitimate economy can be freely used by the offenders without any fear of
detection. Money laundering poses a serious threat world over, not only to the
only to the criminal justice systems of the countries but also to their sovereignty.
•

Terrorism & Narco-Terrorism
• Terrorism is a serious problem which India is facing. Conceptually, terrorism
does not fall in the category of organised crime, as the dominant motive behind
terrorism is political and/or ideological and not the acquisition of money-power.
The Indian experience, however, shows that the criminals are perpetrating all
kinds of crimes, such as killings, rapes, kidnappings, gun-running and drug
trafficking, under the umbrella of terrorist organisations.
Contract Killings
• The offence of murder is punishable under section 302 IPC by life imprisonment
or death sentence. Conviction rate in murder cases is about a38%. The chance of
detection in contract killings is quite low. The method adopted in contract
killings is by engaging a professional gang for a monetary consideration.

Kidnapping for Ransom
• Kidnapping for ransom is a highly organised crime in urban conglomerates.
There are several local as well as inter-State gangs involved in it as the financial
rewards are immense vis-a-vis the labour and risk involved.
Illegal Immigration
• A large number of Indians are working abroad, particularly in the Gulf region.
Young people want to move to foreign countries for lucrative jobs. Large scale
migration is fostered by the high rate of unemployment in the country and higher
wage levels in foreign lands. As it is not easy for the aspirants to obtain valid
travel documents and jobs abroad, they fall into the trap of unscrupulous travel
agents and employment agencies.

Prostitution
• Trading in sex and girl-running is a very profitable business in which the
underworld plays an important part. Flesh trade has been flourishing in India in
various places and in different forms. The underworld is closely connected with
brothels and call girl rackets, making plenty of money through this activity. They
supply young girls to brothels in different parts of the country, shuttling them to and
from the city to minimise the risk of their being rescued. According to a study
conducted by the Indian Health Organisation, there are over 1,000,000 prostitutes in
Bombay and an equal number in Calcutta.

White collar crime
• White collar crime is a crime committed by the people who belongs to the
higher class of society and are from the reputable group of society. This crime
is committed during the course of their occupation.
• The people who are committing this crime have usually a better understanding
of technology, their respective field, disciplines etc.
• White collar crimes are largely evolved from few years. And they are seen to
be committed in large organizations that cover a large number of activities. So
we can say that these crimes are common to trade, commerce, education, health
etc.

• It is also called as a socio-economic crime because it has a direct impact on
the society. When a white collar crime is committed huge losses on business
occur which have a direct impact on the consumers and the society.
• There are various numbers of frauds and scams that had been exposed in our
country from the past few years like 2g scam, havala scam, banking scam,
fodder scam and many more. Due to these frauds and scams the economy of
our country has shambled. And then to make up these losses of fraud or any
scams, they increase the costs. This means higher prices for the consumers in
the way of higher taxes, government revenue, and increased insurance costs.

Types Of White Collar Crime
• Common Types Of White Collar Crime In India:
1) Bank Fraud
2) Bribery
3) Cybercrime
4) Money laundering
5) Tax Evasion
6) Identity Theft

Laws Against White Collar Crimes

Juvenile Delinquency
• Juvenile delinquency is the participation by a minor child, usually between the ages
of 10 and 17, in illegal behaviour or activities. Juvenile delinquency is also used to
refer to children who exhibit a persistent behaviour 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.
• A juvenile can be defined as a child who has not attained a certain age at which he
can be held liable for his criminal acts like an adult person under the law of the
country.

• The term ‘juvenile in conflict with the law’ refers any person below the age of 18
who has come in contact with the justice system as a result of committing a crime
or being suspected of committing a crime.
Who is a Juvenile delinquent?
• They are often defined as children between the ages of 10 and 17 who have
committed a criminal act. There are two main types of offenders: repeat offenders
and age specific offenders.

Causes of Juvenile Delinquency
• Poverty: Poverty is one of the major reasons for juvenile delinquency. Juveniles
indulge themselves in delinquent acts in order to meet and satisfy the primary
wants of their life.
• Family: It has been widely accepted that families of delinquents are
characterized by discords, desertions and other problems. Such families have
been pointed out as one of the main causes of delinquency.
• Neighbourhood: The immediate environments of a child also affect the trend he
will adopt in connection with his personality. Juvenile delinquents largely belong
to areas of poor living conditions.

• Factors related to Mental Health: various mental health factors contribute to
juvenile delinquency. For example: Conduct disorder.
• Virtual world: Constant exposure to aggression – verbal and physical – on
television news, videos and games also contributes to increasing juvenile
delinquency.
• Substance Abuse: there is a strong relationship between substance abuse and
juvenile delinquency. Substance abuse is associated with both violent and
income-generating crimes by youth.
• Bad Peer Group: Juvenile delinquency is often caused or worsened by peer
pressure

Juvenile Justice (Care and Protection of Children) Act, 2015
• The Legislation that deals with all the matters concerning ‘Children in need of
care and protection’ and ‘Children in Conflict with Law’ is Juvenile Justice
(Care and Protection of Children) Act, 2015.
• The said Act came into force from 15th January, 2016. It replaced the juvenile
delinquency law and the Juvenile Justice (Care and Protection of Children) Act,
2000/2006. The provisions of the Act, 2015 apply to all the matters concerning
Children.
• The Juvenile Justice (Care & Protection of Children) Act, 2015, aims to focus
and change the law related to Juvenile’s i.e. children who are supposed & found
to be in conflict with the law & children in need of Care & Protection by
fulfilling their basic necessities through proper care & nourishment, protection,
treatment, social integration, trainings and also by adopting a child-friendly
approach.

Terrorism
• Terrorism, the calculated use of violence to create a general climate of fear in
a population and thereby to bring about a particular political objective.
• Terrorism has been practiced by political organizations with both rightist and
leftist objectives, by nationalistic and religious groups, by revolutionaries, and
even by state institutions such as armies, intelligence services, and police.
Terrorism Definitions
• DOMESTIC terrorism: Violent, criminal acts committed by individuals
and/or groups who are inspired by, or associated with, designated foreign
terrorist organizations or nations (state-sponsored).
• INTERNATIONAL terrorism: Violent, criminal acts committed by
individuals and/or groups to further ideological goals stemming from domestic
influences, such as those of a political, religious, social, racial, or
environmental nature.

• The key problem is that terrorism is difficult to distinguish from other forms of
political violence and violent crime, such as state-based armed conflict, non-
state conflict, one-sided violence, hate crime, and homicide. The lines between
these different forms of violence are often blurry.
• Terrorism is, in the broadest sense, the use of intentional violence for political
or religious purposes. It is used in this regard primarily to refer to violence
during peacetime or in the context of war against non-combatants (mostly
civilians and neutral military personnel).
• The terms "terrorist" and "terrorism" originated during the French Revolution
of the late 18th century but gained mainstream popularity in the 1970s during
the conflicts of Northern Ireland, the Basque Country and Palestine. The
increased use of suicide attacks from the 1980s onwards was typified by the
September 11 attacks in New York City and Washington, D.C. in 2001.

• There are various different definitions of terrorism, with no universal agreement
about it. Terrorism is a charged term. It is often used with the connotation of
something that is "morally wrong". Governments and non-state groups use the
term to abuse or denounce opposing groups.
• Varied political organizations have been accused of using terrorism to achieve
their objectives. These include right-wing and left-wing political organizations,
nationalist groups, religious groups, revolutionaries and ruling governments.
Legislation declaring terrorism a crime has been adopted in many states. When
terrorism is perpetrated by nation states, it is not considered terrorism by the
state conducting it, making legality a largely grey-area issue. There is no
consensus as to whether or not terrorism should be regarded as a war crime.

Prevention of Terrorism Act, 2002 (POTA)
• The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by
the Parliament of India in 2002, with the objective of strengthening anti-
terrorism operations. The Act was enacted due to several terrorist attacks that
were being carried out in India and especially in response to the attack on
the Parliament.
• The Act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and
the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–95),

Chanderprabhu Jain College of Higher Studies & School of
Law
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of
India)
UNIT- 2 (E)
VICTIM COMPENSATION & RESTITUTION

Who is a victim of crime?
• A victim is defined as a person who has suffered physical or emotional harm,
property damage, or economic loss as a result of a crime.
• Indian legislature has not bothered to define "Victim of Crime" under any law
and probably the Indian Judiciary is also on the same footing. The etymological
meaning of phrase suggests that it would mean or will encompass:
-Anyone suffering physical, emotional or financial harm as a direct result of a
Crime.
-Spouses and children of the person who has suffered.
- Parents, foster parents, siblings, guardians or other custodians of minor
victims, mentally or physically incapacitated victims, or victims of homicide.

Compensation to the victim
• The evolution of the concept can be traced both historically and theoretically.
Historically the concept of victimology in crude sense was not only part of
Hammurabi's code but also existed in developed sense in ancient Greek city-
states.
• The concept of compensation was also not new to India and existed in more
developed sense then the present. Manu in Chapter VIII, verse 287 clearly says
that: If limb is injured, a wound is caused or blood flows, the assailant shall be
made to pay the expense of the cure or the whole.
• He further in verse 288 says that : He who damages the goods of another, be it
intentionally or unintentionally, shall give to the owner a kind of fine equal to
damage.
• The law relating to compensation to the victim of crime that even existed in
ancient civilization of east as well as west.

Under Cr.P.C. or P.O.A
• Under the provisions of code of criminal Procedure the power to award
compensation is vested under section 357 . The plain reading of the section
shows that sub-section (1) and (3) vests power on the trial court to award
compensation and sub-section (4) gives power even to appellant or revision
court to order for compensation. Sub section (1) empowers the courts to
appropriate the whole or any portion of fine recovered for the purpose
mentioned in the clauses to the sub section, under which Clause (b) is most
important and of our use . It demands that claim of compensation must be
accompanied by following conditions:
• Loss or injury suffered.
• Loss or injury must be caused by the offence.
• Such person can recover the compensation in a civil court.

• Sub section (3) empowers the court, in its discretion, to order the accuse to pay
compensation even though fine does not form part of compensation and hence
although inserted in 1973 added new positive dimension to Indian philosophy
of compensation.
• Probation of Offenders Act vide its section 5 empowers the trial court to
order for compensation. The plain reading of this section clearly shows that the
power in case of this Act vests only with the trail court and non-else .
• The whole discussion about legislative framework is incomplete until Secion
431 and 421 of Cr.P.C. is read with above two substantive sections.
• Section 421 provides for means to recover the fine by attachment and sale of
movable property of the offender and also from both movable and immovable
as arrears of land revenue .
• Section 431 empowers the courts to recover any money (other than fine)
payable by virtue of any order made under as if it were fine if method for its
recovery is not expressly provided .

Under Indian Constitution
• As far as the Constitutional scheme is concern it is to be noted that the
compensation to the victim is out come of various decision of Supreme Court of
India either by reading Part third rights (in some cases part four as well) with Art.
32, 136 and 142 of Constitution of India , which is to be given either by the state or
accuse.

Important case laws
• The compensation by the State for the action of it's official was evolved by the
Hon'ble Court against the doctrine of English law: "King can do no Wrong"
and clearly sated in the case of Nilabati Behra v State of Orissa that doctrine
of sovereign immunity is only applicable in the case of tortuous act of
government servant and not where there is violation of fundamental rights and
hence in a way stated that in criminal matters (of course if there is violation of
fundamental rights) this doctrine is not applicable.
• Rudal Shah v State of Bihar is the most celebrated case where the Hon'ble
S.C. directed the state to pay compensation of Rs 35,000 to Rudal Sah who
was kept in jail for 14 years even after his acquittal on the ground of insanity
and held that it is violation of Article 21 done by the State of Bihar.

• The case of Bhim Singh v State of J&K is another important case where
Bhim Singh an MLA was arrested by the police only to prevent him to
attended the Legislative Assembly, the Hon'ble Court not only entertained the
writ petition of his wife but also awarded the compensation of Rs 50,000 to
be paid by the state.
• In the case of Bodhi Satta Gautam v Subhra Chakraborty where the
Hon'ble S.C. invented the concept of interim compensation and enforced the
part third right against an individual by saying that:
This decision recognises the right of the victim for compensation by
providing that it shall be awarded by the Court on conviction of the offender
subject to the finalisation of Scheme by the Central Government. If the Court
trying an offence of rape has jurisdiction to award the compensation at the
final stage, there is no reason to deny to the Court the right to award interim
compensation, which should also be provided in the Scheme.

Restitution
• In its traditional sense, restitution has been defined as "a monetary payment by
the offender to the victim for the harm reasonably resulting from the offence".
Restitution can embody both monetary payments and in-kind services to the
victim
.
• According to Black's Law Dictionary, restitution is an "Act of restoring;
restoration of anything to its rightful owner; the act of making good or giving
equivalent for any loss, damage or injury; and indemnification".
• Restitution proactively involves the victim and offender in repairing the harm
done to the victim. Unlike retributive responses to crime, restitution has the
potential to repair the financial and perhaps relational harms that crime has left
in its aftermath.

• Restitution provides a sanction that is more clearly related to the offence than
punitive measures, and it better restores a victim to the place he/she occupied
before the offence.
• Restitution serves to commemorate the gesture of reparation and
acknowledgment of wrongdoing.
• Instead of completely ignoring the harm done to individual victims, restitution
acknowledges and attempts to repair the injury they have suffered.

UNIT-3 (A)
PUNISHMNET: MEANING &THEORIES

WHAT IS PUNISHMENT?
• Each society has its own way of social control for which it frames certain laws and also mentions the
sanctions with them. These sanctions are nothing but the punishments. ‘The first thing to mention in
relation to the definition of punishment is the ineffectiveness of definitional barriers aimed to show that
one or other of the proposed justifications of punishments either logically include or logically excluded by
definition.
• Punishment has the following features:
- It involves the deprivation of certain normally recognized rights, or other measures considered unpleasant
- It is consequence of an offence

- It is applied against the author of the offence
- It s applied by an organ of the system that made the act an offence.
• The immediate consequence that follows a criminal act is known as punishment. Thus, punishment is
defined as suffering, loss, pain, or any other penalty that is inflicted on a person for the crime by the
concerned authority. There are different theories of punishment in law.
• There are different kinds of punishment that a person can face. In order to understand them, first, we need
to understand the theories of the punishment.
• There are majorly four theories of punishment. These theories are the deterrent theory, retributive theory,
preventive theory, and reformative theory. We will discuss these theories in length below.
• Sir Walter Moberly states that the punishment is deemed to give the men their dues. "Punishment serves
to express and to and to satisfy the righteous indignation which a healthy community treats as
transgression. As such it is an end in itself."

RetributiveTheory
...An eye for an eye would turn the whole world blind- Mahatma Gandhi
The most stringent and harsh of all theories retributive theory believes to end the crime in itself. This theory
underlines the idea of vengeance and revenge rather than that of social welfare and security. The
retributive theory assumes that the punishment is given only for the sake of it. Thus, it suggests that evil
should be returned for evil without taking into consideration any consequences.
Retribution is the most ancient justification for punishment. This theory insists that a person deserves
punishment as he has done a wrongful deed. Also, this theory signifies that no person shall be arrested
unless that person has broken the law.
Here are the conditions where a person is considered as an offender:
• The penalty given will be equivalent to the grievance caused by the person. That he or she has performed
a crime of certain culpability.
• That similar persons have been imposed for similar offenses.

• That the action performed was by him and he was only responsible for it. Also, he had full knowledge of
the penalty system and possible consequences.
• Punishment of the offender provides some kind solace to the victim or to the family members of the
victim of the crime, who has suffered out of the action of the offender and prevents reprisals from them to
the offender or his family. The only reason for keeping the offender in prison under unpleasant
circumstances would be the vengeful pleasure of sufferer and his family.
• J.M.Finnis argues in favour of retributism by mentioning it as a balance of fairness in the distribution of
advantages and disadvantages by restraining his will. Retributivists believe that considerations under
social protection may serve a minimal purpose of the punishment. Traditional retributism relied on
punishing the intrinsic value of the offence and thus resort to very harsh methods. This theory is based on
the same principle as the deterrent theory, the Utilitarian theory.

Deterrent Theory
This theory suggests that the punishment which is awarded is to deter (stop) people from committing
crimes.
There are two theories in which this theory can be divided further. They are specific deterrence and general
deterrence.
• In specific deterrence, punishment is designed such that it can educate the criminals. Thus, this can
reform the criminals that are subjected to this theory. Also, it is maintained that the punishment reforms
the criminals. This is done by creating a fear that the punishment will be repeated.
• While a general deterrence is designed to avoid future crime. So, this is done by making an example of
each defendant. Thus, it frightens the citizens to not do what the defendant did.

• Bentham's theory was based on a hedonistic conception of man and that man as such would be deterred
from crime if punishment were applied swiftly, certainly, and severely. But being aware that punishment is
an evil, he says, If the evil of punishment exceeds the evil of the offence, the punishment will be
unprofitable; he will have purchased exemption from one evil at the expense of another.
• The basic idea of deterrence is to deter both offenders and others from committing a similar offence. But
also in Bentham's theory was the idea that punishment would also provide an opportunity for reform.

Preventive Theory
• This theory has used a restraint that an offender if repeats the criminal act is culpable for death, exile or
imprisonment. The theory gets its importance from the notion that society must be protected from
criminals. Thus, the punishment here is for solidarity and defense.
• The modern criminologists saw the preventive theory from a different view. They first realized that the
social and economic forces should be removed from society. Also, one must pay attention to individuals
who show anti-social behavior. This is because of psychological and biological handicaps.
• Unlike the former theories, this theory aims to prevent the crime rather then avenging it. Looking at
punishments from a more humane perspective it rests on the fact that the need of a punishment for a crime
arises out of mere social needs i.e. while sending the criminals to the prisons the society is in turn trying to
prevent the offender from doing any other crime and thus protecting the society from any anti-social
elements.
• Illustration: An owner of the land puts a notice that ‘trespassers’ would be prosecuted. He does not
want an actual trespasser and to have the trouble and expense of setting the law in motion against him. He
hopes that the threat would render any such action unnecessary; his aim is not to punish trespass but to
prevent it. But if trespass still takes place he undertakes prosecution. Thus the instrument which he
devised originally consist of a general warning and not any particular convictions.

Reformative Theory
• Deterrence and retributive are examples of classical and non-classical philosophies. The reformative
theory was born out of the positive theory that the focal point of crime is positive thinking. Thus,
according to this theory, the objective of punishment needs to be reformation by the offender.
• So, this is not a punishment virtually but rather a rehabilitative process. Thus, this process helps in
making a criminal a good citizen as much as possible. Furthermore, it makes the citizen a meaningful
citizen and an upright straight man.
• This theory aims at rehabilitating the offender to the norms of the society i.e. into law-abiding member.
This theory condemns all kinds of corporal punishments.
• These aim at transforming the law-offenders in such a way that the inmates of the peno-correctional
institutions can lead a life like a normal citizen.

• These prisons or correctional homes as they are termed humanly treat the inmates and release them as
soon as they feel that they are fit to mix up with the other members of the community.
• The reformation generally takes place either through probation or parole as measures for reforming
criminals. It looks at the seclusion of the criminals from the society as an attempt to reform them and to
prevent the person from social ostracism. Though this theory works stupendously for the correction of
juveniles and first time criminals, but in the case of hardened criminals this theory may not work with the
effectiveness. In these cases come the importance of the deterrence theories and the retributive theories.

UNIT-3 (B)
TYPES OF PUNISHMNET

TYPES OF PUNISHMENT
1) Capital Punishment / Death Penalty -
• In the history of punishment, capital punishment/death penalty has always occupied and very important
place. In ancient times and even in the middle age, sentencing of offenders to death was very common
kind of punishment. Even for what might be considered as minor offenses in Modern Times, death
penalty was imposed. Death sentence has always been used as an effective punishment for murderers and
dangerous offenders. It has both deterrent and preventive effect. The justification advanced in support of
capital punishment is that it is lawful to forfeit the life of a person who takes away another's life. The
killer deserves execution under this mode of punishment, legal vengeance solidifies and social solidarity
against lawbreakers and therefore it is legally justified.
• The Mughal rulers in India also made use of death penalty to eliminate unwanted criminals. They used
crudest methods for execution of death sentence. However, with the British rule in India, this inhuman
and barbaric method of execution where abolished and death by hanging remained the only mode of
inflicting death sentence.

It is the most serious nature of punishment. Some countries abolished it. Capital punishment/death penalty
awarded in India is certain exceptional cases. The offenses which are punishable with the death sentence
under the Indian Penal Code are only in rarest of rare cases.
2) Deportation -
• Another way of punishment is the deportation of corrigible or dangerous offenders. Deportation of
criminals is also called banishment. Corrigible and hardened criminals where generally clamored to far
off places with a view to eliminating them from the community. In England, war criminals there usually
transported to distant Astro-African British colonies.
• In India, this method also known as transportation, popularly known as Kalapani. The practice was
abolished in 1995. It still persists in Mini-form popularly called as externment. The object of externment
offender is to dissociate him from his surroundings so as to reduce his capacity to commit crime. This
form of punishment has been incorporated in the penal law of India.

3) Corporal punishment
Corporal punishment was very common until late 18th century. Corporal punishment includes modulation,
flogging (or whipping) and torture etc.
(a) Flogging -
• Dictionary meaning of word flogging means, "to whip or to beat with strap/stick as punishment. In
middle ages, Whipping was the commonest form of punishment. The instruments and methods of
flogging differ from country to country.
(b) Mutilation -
• Mutilation is another kind of corporal punishment. It is prevalent during eminent Hindu Period. In case
of theft, one or both the hands the offender were chopped off and in case of sex offenses, his private part
was cut off. The justification advanced in support of mutilation was that it served as an effective measure
of deterrence and prevention.

(c) Branding -
• Criminals were branded with the appropriate mark on the forehead so that they would be identified and
subjected to public ridicule. For example, if a person found guilty of theft, the word 'theft' or 'T' it is
branded on his forehead and the public would call him thief. In England, branding was practiced till
1829.
d) Chaining-
• Chaining the offenders together was also commonly used as a mode of punishment. Their liberty and
mobility was thus completely restricted. The hands and legs of criminals were tied with iron rods and
Chained together. This method is now being sparingly used in the present prison system.

(e) Pillory -
• Pillory was yet another form of cruel and barbaric corporal punishment. It was in practice till 19th
century. Hardened criminals and dangerous offenders were nailed in walls and shot or stoned to death.
This type of punishment was more cruel and brutal in form. The system of pillory existed slightly in the
different form during the Mughal rule in India.

4) Fine and confiscation of property -
• This type of punishment was imposed for offenses which were not serious in nature and were punished
with the fine. This type of punishment was especially used for offenses involving the breach of traffic
and revenue laws. It is considered as an appropriate punishment for minor offenses and crimes related to
the property. Financial penalty may either be in form of fine or compensation or costs.
5) Imprisonment -
• Another form of punishment is imprisonment. Imprisonment represents a most simple and common
punishment which is used all around the world. If properly administered, imprisonment can serve all the
three objects of punishment. It may be deterrent because it makes an example of the offender to
others. It may be preventative because imprisonment disables the offender, at least for some time, for
repeating the offense. If properly used, it might give opportunities for reformation.
Conditions of imprisonment in civilized countries have undergone radical changes in recent decades.
Alternative devices such as open jail and prison hostel are being extensively used as the modified form
of prisons for incarceration of offenders.

6) Solitary Confinement -
• Another kind of punishment is solitary confinement. This punishment may be considered as an
aggravated form of imprisonment. In this type of punishment, convicts are confined in solitary prison-
cells without any contact with their fellow prison mates.
• Solitary confinement which was introduced in the United States Pennsylvanian prison in 1770 had to be
replaced by the Auburn system in 1819 in which prisoners were taken out to work together in Silence.
Experience had shown that many of the prisons undergoing the sentence of solitary confinement died in
prisons and many more returned insane and those who survived turned more hostile and dangerous in
society.
• Section 73 and 74 of the Indian Penal Code lay down the limits beyond which solitary confinement
cannot be imposed in India. The total period of solitary confinement cannot exceed 3 months in any
case. It cannot exceed 14 days at a time with intervals of 14 days in between or 7 days at a time in with
7 days interval in between.

7) Indeterminate Punishment -
• Another kind of imprisonment is indeterminate sentence. In this case, the accusative is not sentenced to
imprisonment for any fixed period. The period is left indetermined at the time of the award. When the
accused show's improvement, the sentence may be terminated.
8) Stoning -
• The punishment of stoning is barbaric in nature. It was in practice during the medieval period. In Islamic
countries like Pakistan, Saudi Arabia offenders found guilty of sex were punished by stoning to Death.
Though this type of punishment is barbaric in nature due to its editor and effect, sex crimes against
women are well under control in these countries.

Section 53: Indian Penal Code, 1803
In the Indian Penal Code, 1803 (“Code”), Section 53, specifically deals with different types of punishments
which can be given by the Criminal Courts if the person is held liable under the Code. There are five kinds
of punishments recognized under Section 53 of the Code:
• Death;
• Imprisonment for life;
• Imprisonment:
• Rigorous Imprisonment; or
• Simple Imprisonment.
• Forfeiture of property;
• Fine.

UNIT-3 (C)
NON- INSTITUTIONAL TREATMENT OF OFFENDERS &
INSTITUTIONAL TREATMENT OF OFFENDERS

PROBATION
• The word probation is a form of the Latin word probare which means to test or prove. Probation occurs
when an offender happens to be released into the community without serving any prison sentence,
however, kept under the supervision of probation officers. The individuals who receive probation are
called probationers. They are usually court-appointed and must make sure that their probationer follows
the rules.
• 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 Probation can be said
as a penalty levied by the court in which the criminal lawbreaker is not imprisoned but permitted
to continue to stay in the community, on the promise of good conduct, subject to the administration
of the probation officer. 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 .
• A judge may grant probation as an alternative to imposing a jail sentence. Probation is ordered when
the circumstances and seriousness of the crime suggest that the probationer is not a threat to society and
that incarceration is not an appropriate punishment. The probationer may freely live in the community,
but must abide by certain conditions of probation for a period of time specified by the court and and report
regularly to an appointed probation officer.
• General conditions of probation may include living where directed, participating in rehabilitation
programs, submitting to drug and alcohol tests and maintaining employment. Probationers may be required
to show proof to the court that they have complied with all conditions of probation. If a probationer fails to
comply with all required conditions, the court may revoke probation and require the probationer to serve a
jail sentence.

PAROLE
• Parole refers to when an individual serving a term of imprisonment get released into the community, but
remains under the supervision of parole officer. The parole period is based on a decision made by the
board of parole. If the offender violates their parole while out, they are then placed back into the prison
system.
• 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. parole is one in which the prisoner is unconfined from the prison either
momentarily or permanently, earlier the end of the judgment, subject to good conduct.
• 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.

• While on parole, the convicts are not considered as free from their sentence, rather they have to serve the
community and rehabilitate themselves and comply with the rules specified, or else they will be sent back
to jail on the grounds of the original sentence.
• Parole is granted after an offender has served a portion of his or her prison sentence. Thus, parole differs
from probation in that it is not an alternative sentence, but rather a privilege granted to some prisoners
after a percentage of their sentence has been served.
• Parolees must abide by certain terms and conditions while they are on parole. These terms include living
within state or county lines, meeting regularly with a parole officer, submitting to drug and alcohol tests,
and providing proof of residence and employment. If a parolee violates the conditions of parole, his
parole will be revoked and he will be re-imprisoned.

• Parole Eligibility
• Most states limit parole to inmates convicted of certain crimes who have served a certain percentage
of their sentence. For instance, offenders who have been convicted of first degree murder,
kidnapping, rape, arson, or drug trafficking are generally not eligible for parole.
• For other offenders, the parole board will consider each inmate's personal characteristics, such as
age, mental stability, marital status and prior criminal record. Parole boards do not grant parole to
offenders simply for "good behaviour" exhibited during incarceration. The parole board will also
consider the nature and severity of the offense committed, the length of sentence served and the
inmate's degree of remorse for the offense.
• Finally, the parole board will examine the inmate's ability to establish a permanent residence and
obtain gainful employment upon release. Parole will be granted if there is no apparent threat to
public safety and the inmate is willing and able to re-enter the community.

• Historical Evolution: The system of probation owes its origin to John Augustus of Boston (U.S.A.)
around 1841 whereas Parole was first introduced in the United States by Brockway Zebulon in 1876 but
it was first used in Australia and Ireland.
• Punishment and Treatment: Probation is only a treatment in which the sentence is suspended. But
parole implies both punishment and treatment
• Stage: Probation is probably the first stage of correctional scheme whereas parole is the last stage of the
correctional scheme.

BASIS FOR COMPARISON PROBATION PAROLE
Meaning Probation is the suspension of
sentence of an offender and
allowing them to stay in the
community while inculcating
good behavior, under the
supervision of an officer.
Parole implies the early release of
the convict before the expiry of
the sentence term, to serve the
rest of the protion in the
community, while ensuring good
behavior and subject to specific
conditions.
Nature Determinative Administrative
What is it? Alternative to jail Conditional release from prison
Imposed by Court Parole Board
Grant Prior to the incarceration. After the offender has completed
a certain portion of his prison
sentence.
Allowed to First time offenders and crimes
that does not involve violence.
Criminals that are already under
detention.
Offender reports to Probation Officer Parole Officer

TEMPORARY RELEASE
• TEMPORARY RELEASE
• Under certain circumstances prisoners may be able to get a temporary release. Release is granted on a
case by case basis. Temporary release could be for a funeral, family visit or a home visit.
• There are 3 kinds of temporary release:
• Temporary release on compassionate ground for a specified period. This is normally granted where
urgent family or domestic circumstances arise.
• Day-to-day temporary release. This is normally to go to a job outside the prison during the day and
return to the prison at night. This is usually considered when a prisoner is coming close to the end of their
sentence.
• Full temporary release until the end of the sentence. This is normally granted if a prisoner has been
progressing well on day-to-day temporary release.

• Under this system, special privileges are accorded to the minority of prisoners who come from the upper
or middle classes irrespective of the crimes they may have committed or the way that they comport
themselves in prison. Such privileges are even conferred on prisoners who have engaged in the most
violent crimes against the institutions and officials of the state.
• Indeed, in some respects, prisoners whose offenses were politically motivated are a privileged elite,
enjoying better treatment in everything from a more varied and ample diet to access to reading material

INSTITUTIONAL TREATMENT OF OFFENDERS
• Punishment as a means to reform the offender was not considered as such during Hindu and Mughal
period in India. During this period punishment was mainly based on deterrence. The recognized modes
of punishment were death sentence, hanging, whipping, flogging, branding or starving to death. Prisons
were considered to be places of torture. Treatment of prisoners was inhuman.
• Prison reforms started in India from the British era. They made tremendous efforts for the reformation
of Indian prisons and prisoners. They introduced radical changes in the then existing prison system.
Sole purpose of sending a criminal to prison is to transform him into an honest and law abiding citizen.
• Jail enquiry committees in 1836 and 1862 expressed concern for the insanitary conditions of Indian
prisons which resulted in deaths of the inmates. As a result of the recommendations the three enquiry
committees the Prison Act 1894 was enacted. It provided for better prison administration and the act
provided for classification of prisoners and the sentence of whipping was abolished. Emphasis was also
laid on safe custody of prisoners and under-trials but also on their reformation and rehabilitation in the
society.

After independence a committee was for under Dr. W.C. Reckless, a technical expert of the United Nations
on crime prevention and treatment of offenders, to make recommendations on prison reforms in 1951.
• Some guidelines issued were-
• 1.Correctional measures should form an integral part of the Home Department of each State.
• 2.Probation and Parole should be used to reduce burden on prisons.
• 3.State jail manuals should be revised periodically.
Why do we need corrective measures?
• A person is not a born criminal. It is due to his association with bad company that often leads him into
trouble. A person is always capable of reforming provided he sees his release in the society as a reward
for it. If no such temptation is provided to accused persons, he will never try to reform himself and
always languish in jails.

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