CRPC Research Paper

DAMODARAM SANJIVAYYA NATIONAL LAW
UNIVERSITY, SABBAVARAM, VISAKHAPATNAM, A.P.,
INDIA
RESEARCH PAPER TITLE: VIOLENT CRIMES AND ITS NATURE
SUBJECT: THE CODE OF CRIMINAL PROCEDURE
FACULTY: PROF. SOMA BHATTACHARJYA
NAME OF THE CANDIDATE: ANUSHKA BOLUSANI

ROLL NUMBER: 20LLB015
SEMESTER: IV
CERTIFICATE
I, Anushka Bolusani, hereby declare that this research paper titled “VIOLENT CRIMES
AND ITS NATURE” submitted by me is an original work undertaken by me, I have duly
acknowledged all the sources and references from which ideas and extracts have been sourced.
This project is free from plagiarism and does not utilize any unfair means whatsoever.
(ANUSHKA BOLUSANI)
20LLB015
Semester IV
TABLE OF CONTENTS:
1. ABSTRACT
2. SYNOPSIS
CHAPTER – 1
 VIOLENT CRIMES
 BROAD CATEGORIZATION
CHAPTER – 2
 MEASUREMENT OF CRIME
CHAPTER – 3
 CHARACTERISTICS OF OFFENDERS
 CAUSES OF CRIMES
 PREVENTIVE MEASURES
CHAPTER – 4
 CASE LAWS
 CONCLUSION
 BIBLIOGRAPHY
1. ABSTRACT:
The nature and forms of violence that exist in the world today are highlighted in this study.
Examined include physical acts of violence like war and terrorism, structural acts of violence
like economic hardship and poverty, and violence against women and children, including
sexual abuse. The paper views act of violence as acts of communication by different
organisations (such as organised crime groups) as they try to get their point across to the rest
of the world. For instance, criminal organisations may use violence to intimidate opponents,
deter people from reporting crimes to the police, and deter the media from reporting on illegal
activity.1
It is highly difficult, if not impossible, to predict how a crime victim should or will behave
because victims' reactions to violent crime vary from person to person. Recovery for a victim
typically requires three stages: coping with the attack's first effects, trying to recreate one's
old self, and rearranging one's life to respond to daily responsibilities.
There have been numerous attempts to pathologize victims' typical responses. The following
syndromes—acute stress disorder, post-traumatic stress disorder, battered woman syndrome,
rape trauma syndrome, and stalking trauma syndrome—have been used to describe these
illnesses and are covered in this paper.
Hypnosis, prescription medicines, alcohol, and illicit drugs all have an impact on victims'
capacity for accurate memory in a forensic setting. The effects that these procedures and
chemicals may have on a victim's or witness's memory must be considered by the
investigator.2
2. SYNOPSIS:
I. INTRODUCTION:
1
Rosen JD and Kassab HS, “Understanding the Nature of Violence: Crime and Its Future”
(SpringerLinkJanuary 1, 1970) <https://link.springer.com/chapter/10.1007/978-3-319-
94451-7_6> accessed June 25, 2022
2
“Violent Crime” (Violent Crime - an overview | ScienceDirect Topics)
<https://www.sciencedirect.com/topics/social-sciences/violent-crime> accessed June
25, 2022
Violence can affect people in a variety of ways. They might experience violent or property
crimes first hand, see it happen in their neighbourhood, or learn about it through locals.
Violence has the potential to result in non-fatal injuries or premature death. Violent crime
survivors go through bodily pain and suffering, as well as a possible mental discomfort and a
decreased quality of life. A rise in unfavourable health effects may be connected to repeated
exposure to crime and violence. People who worry about crime in their neighbourhoods, for
instance, could be less active. They could consequently judge their physical and mental
health less favourably. According to one study, those who believe their neighbourhood is less
safe from crime may also have higher BMIs and levels of obesity because they engage in less
physical exercise.
Being a victim of violence, seeing violent actions first hand, or learning about them from
other community members are all forms of community exposure to violence. The built
environment may also be harmed as a result of property crimes. The qualities of a
neighbourhood affect crime rates. Compared to high-income neighbourhoods, low-income
neighbourhoods are more likely to experience crime and property crime.
The impacts of early exposure to violence can persist into adulthood and increase the risk of
substance abuse, hazardous sexual behaviour, and reckless driving. A person's likelihood of
engaging in and experiencing intimate relationship violence increases with their exposure to
violence, regardless of age. Women who experience intimate partner abuse are more likely to
suffer from injuries and mental health conditions such disordered eating, depression, and
suicide thoughts. Being exposed to crime and violence in one's community has detrimental
short- and long-term impacts on one's health. In order to avoid and lessen the harms to
individual and community health and well-being, it may be helpful to address exposure to
crime and violence as a public health concern. This study will elaborate on the aspect of
violent crimes, the reason for occurrence of crimes and preventive measures that can be taken
to alleviate the crime rates in the world.3
3
“Crime and Violence” (Crime and Violence | Healthy People 2020)
<https://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-
health/interventions-resources/crime-and-violence> accessed June 25, 2022
II. OBJECTIVES OF THE STUDY:
1. To throw light on the intensity and gravity of offences that are classified as violent
crimes.
2. To understand the characteristics of offenders so as to come up with beneficial

crime preventive measures.
3. To highlight the relevance of measurement of crime in tracing the patterns of crime.
4. To understand the causes of crime and list possible ways in which it can be
prevented.
5. To substantiate the concept with relevant case laws.
III. SCOPE OF THE STUDY:
The study focuses on the classification of violent crimes, the characteristics of

offenders, the measurement of crime, causes of crime and preventive measures, and
relevant case laws.
IV. SIGNIFICANCE OF THE STUDY:
The study touches upon the aspect of measurement of crime as a relevant aspect in tracing
the patterns of crime and understand how it aids in coming up with beneficial preventive
measures.
V. TYPE OF RESEARCH:
This research is critical and explanatory in nature.
VI. RESEARCH METHODOLOGY:
This study is based on the doctrinal method of research.
SECONDARY SOUCES:
1. Articles from various websites and blogs.
2. Library resources – SCC online, Bar and Bench, Hein Online.

VII. LITERATURE REVIEW:
‘CLASSIFICATION OF CRIMES’ BY BRITANNICA – This article is an elaborate

insight into the concept of crime, classification of crimes, measurement of crimes, the
detection of crime and the court system.
‘CAUSES OF CRIME’ BY LAW.JRANK.ORG – This article is a detailed outlook into the

causes of crime and ways in which it can be discouraged.
VIII. RESEARCH QUESTION:
1. Whether the Measurement of Crime is a relevant concept in tracing the patterns of

crime.
2. Whether the courts have given relevant remedial and punitive measures to alleviate
the crime rates.
IX. RESEARCH DESIGN:

CHAPTER 1 – Deals with the concept of violent crimes and its broad classification.
CHAPTER 2 – Deals with the aspect of measurement of crime.
CHAPTER 3 – Deals with the characteristics of offenders, the causes of crime and some
measures to be taken to prevent crime.
CHAPTER 4 – Deals with relevant case laws to substantiate the paper.
X. METHOD OF RESEARCH:
Oxford mode of citation has been used in this project.

CHAPTER 1:
 VIOLENT CRIMES:
Violent crimes are extremely severe because they include the use of force or the threat of
force. The prospect of a lengthy jail term or, in the worst situations, the death penalty exists
for those who have been legally charged with a serious crime in Florida.
Any criminal act that involves the use of force against another person or the threat of force is
referred to be a violent crime. The United States Department of Justice has classified violent
crimes into five categories, which encompass a wide range of violent offences. These include
robbery, serious assault, simple assault, rape, or sexual assault.
Violence may either be the goal of violent acts or only a means to that goal (as in robbery). A
weapon may or may not be used in a violent crime, as well. A person can kill another human
being with only their hands or in a more cunning manner, as through poison. Such a horrific
act may be carried out without the use of a gun or a knife.
Because violent acts are considered felonies, a conviction might result in years in a state
prison. In addition to the potential for a significant jail sentence, Florida passed the "three
strikes statute" in 1996. That indicates that a conviction for a serious offence would be
considered a "strike" against you.
Even though the majority of violent crimes entail the use of force or violence, a crime can
still be classified as violent if just the "threat" of violence was present. Assault is one offence
that fits within this category. Although the definition of assault might vary based on the
specifics of the case, it always entails the use or threat of physical force. To be found guilty
of assault, there need only be a threat of violence; actual physical contact is not required.
Charges for assault can vary from simple assault to severe assault. Simple assault is
sometimes punished as a felonious offence even if it is technically a misdemeanour. In
contrast, battery entails direct physical contact with the victim.4
4
(Hg.org) <https://www.hg.org/legal-articles/explaining-violent-crimes-22886> accessed
June 25, 2022
Violent sex crimes include rape and sexual assault. Rape is referred to as non-consensual
sexual activity, whereas sexual assault refers to non-consensual sexual contact. Additionally,
sexual offences against minors are crimes.
Robberies are brutal crimes when the victim is frequently threatened with a weapon. Robbers
frequently use a weapon or a knife to intimidate their victim into handing up their handbag or
wallet.
Similar offences include carjacking, in which the offender threatens to use force against the
victim if they don't turn over their car.
Homicide accusations, which include the killing of another person, are by far the most serious
kinds of violent offences. Charges for murder and manslaughter are graded.
For instance, a person who painstakingly prepares a murder and waits for their victim might
be found guilty of a capital crime and executed, yet someone who inadvertently runs over and
kills a pedestrian with their automobile will get less severe punishment.
A conviction may wreck your life since violent crimes are by their very nature severe. A
skilled criminal defence lawyer is necessary since those found guilty of serious crimes risk
lengthy prison sentences.
Extensive defence is your only choice because it is fairly rare for mitigating circumstances to
result in "criminal behaviour." A criminal defence lawyer is skilled at challenging both
witness and evidence testimony. They will also be equipped to find any mitigating
information that might assist you win the case against you more favourably.5
Definitions of violent crimes may differ from state to state, although they frequently include
significant property crimes like arson, assault and battery on another person, as well as sexual
offences like rape. Many jurisdictions include murder and non-negligent manslaughter as
violent crimes, despite the fact that homicide crimes are frequently seen as a distinct category
of criminal law. For instance, the Federal Bureau of Investigation (FBI) divides violent
crimes into four categories for statistical purposes: murder, forced rape, robbery, and severe
assault.
5
(Hg.org) <https://www.hg.org/legal-articles/explaining-violent-crimes-22886> accessed
June 25, 2022
 BROAD CATEGORIZATION OF VIOLENT CRIMES:
CRIMES OF HARM AGAINST ANOTHER:
Most states classify crimes that involve causing bodily harm or a fear of bodily harm to
another person as violent crimes. Assault and battery are two of these crimes that occur most
frequently. A deliberate act of assault makes another person fearful of impending physical
danger. While battery and assault are comparable, the latter requires that there have been
actual physical interactions or injuries. While historically the two offences were distinct from
one another, many states now refer to "assault and battery" as a single offence. When the
prospect of damage is highly offensive, such as when the attack is carried out with a lethal
weapon, assault may also become "aggravated."
Many states also categorise specific violent crimes according to specific victim groups who
may be harmed or threatened with harmed by a perpetrator. Domestic violence and child
abuse are two of these. Abuse against people who are family members or with whom the
perpetrator has a close relationship is classified as domestic abuse. Similar to this, the
majority of states go above and above to safeguard children given their status as particularly
vulnerable victims and to hold those responsible for child abuse accountable. These laws
frequently include emotional and sexual abuse in their definition of child abuse, in addition to
physical harm. Although several states have also passed separate abduction provisions, child
abuse statutes may also prosecute kidnapping.
SEXUAL OFFENCES:
Offensive sexual offences are often considered violent felonies under both state and federal
law. Rape and sexual assault are some of these. Sexual contact with another person without
that person's consent constitutes rape, a type of battery. It may use violent physical contact,
emotional manipulation, or the victim's incapacity to give consent, among other methods.
Because the victim is subjected to extremely offensive violations in any of these situations, it
is regarded as a violent crime. When an adult has sex with someone who is younger than the
legal age of consent, which varies from state to state, it is referred to as statutory rape.6 Even
6
“Violent Crimes” (JustiaOctober 15, 2021)
<https://www.justia.com/criminal/offenses/violent-crimes/> accessed June 25, 2022
if the youngster gave his or her genuine assent, the conduct is nonetheless classified as
criminal rape because the younger participant is legally unable to consent.
PROPERTY CRIMES:
Arson is one sort of property crime that has been defined by criminal laws as being so
destructive as to constitute a violent crime, despite the fact that property crimes are typically
considered to be a separate category of offences. Arson is the deliberate burning of another
person's property, frequently a private residence. Arson is penalised severely by the law
because it is such a damaging crime.7
CHAPTER – 2:
 MEASUREMENT OF CRIME:
It might be difficult to determine how much crime is actually committed. Because they are
impacted by a variety of variables, such as the willingness of victims to disclose crimes,
statistics for reported crime typically do not give an accurate picture of the situation. The
majority of people actually think that just a tiny portion of crimes are included in official
crime statistics.
The news media, which frequently focus on significant or dramatic crimes, is a major source
of the public's impression of crime, which is frequently greatly distorted. Detailed crime
statistics that are produced and released by government agencies typically give a more
realistic picture. For instance, the Federal Bureau of Investigation (FBI) releases yearly
Uniform Crime Reports that contain data on crime in the United States. The Global Report on
Crime and Justice, which the United Nations (UN) started releasing in the late 1990s,
contains official data from roughly 90 countries, most of which are more developed because
they are the ones who gather these numbers more frequently.
Official crime statistics are frequently used by policymakers as the foundation for new crime-
control measures.8 For instance, statistics may show an increase in the incidence of a specific
7
“Violent Crimes” (JustiaOctober 15, 2021)
<https://www.justia.com/criminal/offenses/violent-crimes/> accessed June 25, 2022
8
“Classification of Crimes” (Encyclopædia Britannica)
<https://www.britannica.com/topic/crime-law/Classification-of-crimes> accessed June
25, 2022
type of crime over time, indicating that some modification in the methods of combating that
type of crime is required. Official crime statistics can be inaccurate and even misleading,
especially if they are utilised without knowing the methods used to create them and the
restrictions that they are always subject to. The statistics, which are sometimes referred to as
statistics of recorded crime or crimes known to the police, are typically compiled based on
reports from police forces and other law enforcement organisations. The impression of the
quantity of crime actually committed may be erroneous since only instances witnessed by the
police or reported to them by victims or witnesses are included in the reports.
The amount of police resources devoted to investigating one type of crime over another,
particularly in regards to so-called "victimless crimes" like drug possession, is one element
contributing to this misconception. These crimes are not found unless the police make an
effort to seek for them, and unless the police take the initiative, they are not included in the
statistics of recorded crime. Therefore, a rapid rise in the reported incidence of a crime from
one year to the next may indicate an overall increase in that activity, but it may also just
reflect a greater interest on the part of the police in that crime and a greater investment of
resources in its investigation. Ironically, attempts to deter or eradicate a certain type of crime
through stricter law enforcement may give the appearance that the crime in question has risen
since more cases are likely to be discovered and recorded in statistics.
Changes in the willingness of crime victims to disclose their experiences to the police can
have a dramatic impact on the statistical incidence of a certain type of crime. For a variety of
reasons, victims frequently don't report crimes: they might not be aware that a crime has been
committed against them (such as when children are sexually molested); they might think that
the police won't be able to catch the offender; they might be afraid of being a witness; or they
might be embarrassed by the behaviour that made them the victim of the crime (e.g., an
individual robbed by a prostitute). Some offences may also not seem serious enough to
warrant calling the police, or there may be other methods to handle the situation without their
involvement (e.g., an act of violence by one schoolchild against another may be dealt with by
the school authorities).9 There is no reason to believe that any of those elements will remain
constant over time or between jurisdictions because they are all impossible to quantify with
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any degree of accuracy. Therefore, a change in any one of the factors could give the
impression that a certain type of crime has increased or decreased when there hasn't actually
been a change or that the change has been much smaller than what the statistics indicate.
The way the police handle specific events is a third element that could have an impact on the
picture that official crime statistics present. Many of the laws that define crimes are unclear
or imprecise, such as those that address gross carelessness, obscenity, and reckless driving.
Due to variations in priorities or legal interpretations, certain behaviour that is criminalised or
vigorously pursued in one police jurisdiction may not be regarded similarly in another. The
way that the police record crimes have an impact on crime statistics as well. For instance, a
theft of many goods may be reported as a single theft or as a series of thefts of the individual
items.
In order to provide a more realistic picture of the occurrence of crimes, as well as the trends
and changes from one time period and jurisdiction to another, criminology researchers have
worked hard. The victim survey is one study technique that has proven very helpful. In this
technique, a representative sample of the population is chosen, and respondents are asked to
confess any crimes of which they have been victims over a certain period of time. After a
large number of people have been questioned, the information from the survey can be
compared with reported crime statistics for the same time period and area; the comparison
can show the correlation between the actual incidence of the type of crime in question and the
number of cases that have been reported to the police. Even while criminologists have created
sophisticated techniques for speaking with victim groups, these programmes have a number
of restrictions. Results are solely dependent on victims' memories of events, their capacity to
discern when a crime has been committed, and their willingness to come forward.
Furthermore, victimless crimes cannot be prosecuted using this strategy.
In 1972, the U.S. Census Bureau started polling crime victims annually. Around 100,000
adults aged 12 and older were questioned twice a year about whether they had been the
victims of any of a wide range of offences in the previous six months as part of the survey,
which at the start of the twenty-first century comprised a random sample of roughly 60,000
families.10 The results of the household survey don't match up with the FBI reports that have
10
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been released. The statistics in the FBI's Uniform Crime Reports generally represent
increases in the reporting of crimes to the police by victims, but the victim survey data reflect
real changes in the prevalence of criminal behaviour. This is the most prevalent explanation
for the variations in the trends recorded. Using data from both sources, it can be estimated
that fewer than half of property crimes and roughly half of violent crimes are typically
reported to the police. Many other nations have implemented victim surveys, including
Canada, Israel, Sweden, Britain, France, Germany, and New Zealand. Additionally, the UN
has funded a global crime victim survey since the late 1980s, with interviews conducted in
more than 50 nations. This study has a tendency to concentrate on more developed countries
for a variety of practical reasons, similar to the UN's official data. The survey has
concentrated on more developed metropolitan regions in less developed countries.
The self-report study, which involves asking a representative sample of people under
confidentiality promises if they have ever committed any offences of a certain sort, is an
alternate technique of gathering crime statistics that some criminologists prefer. The
researcher has no way to confirm the information, and the individuals can simply lie about
having committed an infraction in the past, therefore this sort of study is prone to some of the
same challenges as the victim survey. However, similar studies frequently have proven that
many crimes have gone unreported and that crime is considerably more pervasive than
official figures imply.11
CHAPTER – 3:
 CHARACTERISTICS OF THE OFFENDERS:
Knowing the types of people who commit crimes is subject to one major limitation: it is
typically based on studies of those who have been arrested, charged, and found guilty, and
those populations—which only represent unsuccessful criminals—are not always
11
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representative of the full range of criminals. Despite this constraint, several fundamental
truths are revealed that paint a relatively realistic picture of criminals.12
GENDER PATTERNS:
Males commit most crimes, on average. Men outweigh women by a large margin in all
criminal groups, whether of offenders going through the courts or of those condemned to
institutions, especially in more serious offences. For instance, at the start of the twenty-first
century, in the United States, males made up around four-fifths of all arrests and nine-tenths
of homicide arrests, whereas in Britain, women made up only 5% of the overall jail
population. However, both the prevalence of documented female crime and the proportion of
female offenders in the criminal justice system have grown in most Western cultures. For
instance, during the mid- to late 1990s in the United States, women had a similar increase in
arrests for violent crimes while male arrests fell by more than a tenth. According to some
researchers, such numbers showed an increase in female criminal behaviour and suggested
that women's shifting societal roles had given rise to more opportunities and temptations for
crime. Other commentators countered that the apparent rise in female crime simply
represented a change in the criminal justice system's behaviour, which had previously
habitually disregarded crimes committed by women. The national crime victim survey
revealed that violent offences in the United States by both males and females had decreased
in the same years, despite arrest records suggesting that female criminality had grown more
quickly than male criminality. The number of homicides perpetrated by women was around
two-fifths lower at the start of the twenty first century than it was at its highest point in 1980.
AGE PATTERNS:
Additionally, crime is mostly a young person's activity. Involvement in small property crime
often peaks between the ages of 15 and 21, however figures vary by country. 13 From the late
12
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13
25, 2022
adolescent years to the early 20s is when participation in more severe crimes surges, and after
the age of 30, criminality tends to drop consistently. The data is equivocal as to whether this
tendency, which is widely observed throughout time and location, is a natural result of
ageing, the result of taking on family obligations, or the result of suffering the legal penalties
imposed for repeated convictions. However, not all forms of crime are prone to drop with
age. Older males are more prone to conduct fraud, certain types of theft, and crimes requiring
a high level of skill, although spontaneous crimes of violence done out of passion can happen
to anybody at any age.
SOCIAL CLASS PATTERNS:
Numerous studies have been done on the connection between social class or economic
standing and crime. Studies of prison populations revealed that levels of educational and
occupational attainment were generally lower than in the general population, contrary to
claims made by research conducted in the United States in the 1920s and 1930s that a higher
incidence of criminality was concentrated in impoverished and deteriorating neighbourhoods
of large cities. Early research on adolescent criminals likewise revealed a significant
percentage of low-class offenders. The premise that criminality was strongly related to social
origin, however, was challenged by later research, particularly because such studies
frequently failed to account for white-collar crime and other criminal offences perpetrated by
those with better socioeconomic position. According to self-report research, crime is more
common than statistics based on convicted criminals would imply throughout the social
spectrum.
RACIAL PATTERNS:
There has been a great deal of debate over the link between race or ethnic origin and crime.
There are disproportionately more members of certain minority racial groups in most prison
populations than there are in the general community.14 However, some criminologists have
noted that this may be due to the fact that minority racial groups are more likely to exhibit
traits that are frequently linked to identified criminality (such as unemployment and low
socioeconomic status) and that in many cities, racial minority groups reside in
14
25, 2022
neighbourhoods that have historically had high crime rates, possibly as a result of shifting
populations and a general lack of social cohesion. Other hypotheses have concentrated on the
police's enforcement methods, which may be impacted by racial bias.15
 CAUSES OF CRIME:
Why do some individuals choose to commit crimes? Do they consider the advantages and
risks? Why do some individuals continue to commit crimes despite the repercussions? Why,
despite their dire circumstances, do others never commit a crime? Criminologists are
professionals that specialise in the study of crime and criminals. Criminologists research the
reasons behind crime and ways to stop it.
People have attempted to explain the origins of criminal conduct and other deviant social
behaviour throughout history. The Code of Hammurabi, which dates back 3,700 years to
ancient Babylon, is where "evil" behaviour was first attempted to be reined in. European
colonists in North America later in the seventeenth century equated crime with sin. They
thought anyone who disobeyed laws or social conventions were possessed by evil spirits.
Antisocial behaviour has to be dealt with quickly and frequently brutally in order to maintain
social order in the settlements.
By the year 2001, criminologists have explored a wide range of explanations for why
someone might commit crimes. Biological, psychological, social, and economic factors were
among them. People have made attempts to offer justifications for criminal behaviour
throughout history. Until they are arrested, some people believe a life of crime is preferable
than a normal career. A criminal's motivations typically include a combination of these
elements.16
Greed, rage, jealousy, retaliation, or pride are all acceptable justifications for criminal
behaviour. Some people thoroughly consider their options before deciding to commit a crime
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16
“Causes of Crime - Explaining Crime, Physical Abnormalities, Psychological Disorders,
Social and Economic Factors, Broken Windows, Income and Education” (Explaining
Crime, Physical Abnormalities, Psychological Disorders, Social And Economic
Factors, Broken Windows, Income And Education - JRank Articles)
<https://law.jrank.org/pages/12004/Causes-Crime.html> accessed June 25, 2022
in order to maximise reward and minimise danger. These people are making decisions about
their conduct; some even believe a life of crime is preferable to one with a regular job
because they believe that, at least until they are discovered, it offers higher rewards, praise,
and thrill. When a risky crime is completed successfully, other people experience an
adrenaline rush. Some criminals act impulsively, furiously, or in terror.
Property crimes including robberies, burglaries, white-collar crimes, and vehicle theft are
motivated by the desire for material gain (money or pricey possessions). Violent crimes
including murders, assaults, and rapes are motivated by desires for power, retribution, or
control. The majority of the time, these violent acts are committed on an emotional whim or
on impulse. Property crimes are frequently pre-planned.17
 PREVENTIVE MEASURES:
To deter someone from committing a crime is the very goal of punishment. Punishment is
designed to make illegal action less appealing and more hazardous. For many people, being
imprisoned and losing their money is quite difficult. Making crime more difficult or reducing
the possibilities are two more ways to influence decision. Better illumination, locking bars on
automobile steering wheels, the appearance of guard dogs, or high-tech advancements like
security systems and images on credit cards can all be seen as basic examples of this.
When assessing the likelihood of crime, one aspect to take into account is the presence of
police officers in the area where the crime would be committed. Studies of New York City
data from 1970 to 1999 revealed that crime decreased as the city's police force rose.
However, the state of a city's economy is frequently related to changes in its police force.
Typically, local revenues decline when unemployment increases because fewer individuals
are filing taxes. City services, especially the police force, are reduced as a result. Therefore,
an increase in crime may not be caused by fewer police, but rather by more unemployment. 18
17
18
The duration of incarceration is another method for deterring people from engaging in illegal
behaviour. Many people thought that additional jails and lengthier sentences would prevent
crime after the 1960s. The number of crimes increased despite the massive growth in prisons
and the imposition of obligatory severe terms. Between 1970 and 1998, the number of violent
crimes doubled. Property crimes increased from 7.4 million to 11 million, and nearly 1.2
million more persons were imprisoned in state and federal facilities in 1998 than there were
in 1977. Longer jail sentences, it seems, had no impact in deterring criminal activity.
PARENTAL RELATIONS:
In the 1980s, a "cycle of violence" or pattern prevalent in family histories was described
using Cleckley's sociopathy theories. People who experience abuse or antisocial conduct in
their homes as children are significantly more likely to abuse their own children, who
frequently repeat the loop, creating a "cycle of violence."
Children who experience neglect or abuse are more likely than other children to become
criminals in the future. In a similar vein, victims of childhood sexual abuse frequently grow
up to become sexual predators. Many death row convicts have a history of severe abuse of
some sort. Children's abuse and neglect frequently pass down over multiple generations. The
cycle of maltreatment, criminality, and sociopathy never ends.
The positive complement to the cycle of violence theory, which is based on the nature of
early connections, exists. Self-confidence and an interest in social situations are instilled in
children by supportive, caring parents who provide their fundamental requirements. These
kids are much less prone to commit crimes and typically have good social skills.19
The general public has not yet come to terms with the idea that criminal activity is not a
psychiatric condition but rather a deliberate action by the late 20th century. More jails and
harsher punishments were demanded by the people than treatment and rehabilitation of

19
offenders. However, researchers have continued to look at psychological stress as a
motivating factor in some crimes in the twenty-first century.
GENETICS AND BRAIN ACTIVITY:
In the 1980s, studies of twins and adopted kids were conducted in an effort to learn more
about the causes of antisocial personality disorders and how they relate to crime. Twins that
are identical share the same genetic make-up. Fraternal twins, who share comparable but not
identical genes, like any two siblings, were shown to be less likely than identical twins to
exhibit similar criminal conduct. According to other studies, adopted children's crime rates
resembled those of their biological parents more than those of their adoptive parents. This
research showed that certain criminal conduct may have a hereditary foundation.
The investigation of the biological roots of criminal conduct has become increasingly
complex with new developments in medical technology. Robert Hare, a psychologist,
discovered a link between certain brain activity and antisocial conduct in 1986. He
discovered that offenders have a different brain response to risk than the majority of
individuals. He thought that such a brain function may cause certain criminals to take more
risks since they wouldn't be as afraid of punishment.
Early in the twenty-first century, research on brain activity and crime was still being
conducted. The inner workings of the brain were tested using cutting-edge equipment.
Researchers looked for associations between brain activity and a propensity for crime using
positron emission tomography (PET), magnetic resonance imaging (MRI), and computed
tomography (CT scans). These examinations can all show signs of brain activity.
The influence of neurochemicals, which the brain produces to cause bodily activity, and
hormones on criminal conduct has been studied in research on brain activity. According to
studies, serotonin, among other neurochemicals, can reduce aggressiveness when levels are
elevated. The central nervous system produces a chemical called serotonin, which has a
significant impact on how someone feels emotionally.20 Higher amounts of other substances,
such as dopamine, on the other hand, enhanced aggressiveness. The brain produces
20
dopamine, which has an impact on blood pressure and heart rate. Researchers anticipated that
those who committed violent crimes would have lower serotonin levels and greater dopamine
levels. If the person is prone to violence, this situation would have resulted in times of
increased activity, including hostility.
Researchers kept looking into the connections between neurochemicals and antisocial
conduct during the beginning of the twenty-first century, but the relationships turned out to
be complex. For instance, studies shown that even body size might affect how
neurochemicals and behaviour interact.
HORMONES:
Hormones are biological compounds that have an impact on how the body's organs work.
Researchers also studied the link between hormones like cortisol and testosterone and
criminal conduct. Male sexual organs secrete the sex hormone testosterone, which promotes
the growth of masculine physical characteristics. The hormone cortisol, which is generated by
the adrenal glands close to the kidneys, affects how rapidly the digestive system breaks down
food. Extra glucose is delivered to the brain by higher cortisol levels, giving the brain more
energy under stressful or dangerous situations. Studies on animals demonstrated a clear
connection between high testosterone levels and aggressive behaviour.
When compared to the general adult male population in the United States, tests of
testosterone in prison populations revealed considerably high levels in the convicts. Studies
on German sex offenders revealed that just 3% of those who had treatment to reduce
testosterone as part of their punishment went on to commit repeat offences. This figure stood
in sharp contrast to the typical repeat rate of 46%. These studies and others show that
testosterone can have a significant impact on criminal conduct.
Another hormone connected to criminal conduct is cortisol. According to research, those with
high cortisol levels have keen focus and are more active. Researchers discovered, in contrast,
that low levels of cortisol were connected to antisocial conduct, such as crime, and were
typically associated with inattention spans and low levels of activity.21 Low levels of cortisol
21
have been seen in studies of aggressive individuals; some argue that this low level numbs an
offender to the typical dread involved with committing a crime and maybe being caught.
It is challenging to separate social and psychological elements, as well as the consequences of

drug misuse, parental relationships, and education, from brain activity. However, punishment
won't serve as an effective deterrence since some offenders are motivated by causes that are
essentially beyond their control. Help and therapy take over as the main reactions.22
CHAPTER – 4:
 CASE LAWS:
DEBU GHOSE V. STATE OF W.B., (1972) 3 SCC 294:
West Bengal (Prevention of Violent Activities) Act, 1970 being President's Act No. 19 of
1970.
JUDGMENT D.G. Palekar, J.
“1. These are petitions for an order in the nature of habeas corpus filed by Debu Ghose,
Aswini Kumar Das and Manick Chandra Roy who have been detained by orders of District
Magistrates under the provisions of the West Bengal (Prevention of Violent Activities) Act,
1970 being President's Act No. 19 of 1970.”
“2. Section 3(1) of that Act provides that the State Government may, if satisfied with respect
to any person that with a view to preventing him from acting in any manner prejudicial to the
security of the State or the maintenance of public order, it is necessary so to do, make an
order directing that such person be detained.23 Sub-section (2) defines the expression "acting
in any manner prejudicial to the security of the State or the maintenance of public order" for
the purpose of Sub-section (1) Sub-section (3) empowers certain authorities including the
District Magistrate to pass orders under Sub-section (1).” “When an order of detention is
22
23
“Indian Kanoon - Search Engine for Indian Law” <https://indiankanoon.org/> accessed
June 25, 2022
made by the District Magistrate, he is required by Sub-section (4) to forthwith report the fact
to the State Government together with the grounds on which the order has been made. Under
Sub-section (5) the State Government is required to report the fact of detention to the Central
Government if the order is made by itself or approved by it when made by the District
Magistrate.” “Under Section 8(1) when a person is detained in pursuance of a detention order,
the authority making the order shall, as soon as may be, but not later than five days from the
date of detention, communicate to him the grounds on which the order has been made, and
shall afford him the earliest opportunity of making a representation against the order to the
State Government.” “Under Section 9 the State Government is required to constitute an
Advisory Board and under Section 10 the State Government is required within 30 days from
the date of detention to place before the Advisory Board the grounds on which the order has
been made and the representation, if any, made by the person affected by the order and in
case where the order has been made by an officer like a District Magistrate, also the report
made by such officer under Sub-section (4) of Section 3.” “Under Section 11 the Advisory
Board is required to submit its report to the State Government within ten weeks from the date
of detention specifying in a separate part thereof the opinion of the Advisory Board as to
whether or not there is sufficient cause for the detention of the person concerned. Under
Section 12 the State Government may confirm the detention order and continue the detention
of the person concerned for such period as it thinks fit in all cases in which the Advisory
Board has reported that there is, in its opinion, sufficient cause for the detention of the
person. Section 13 provides that the maximum period for which any person may be detained
in pursuance of any detention order which has been confirmed under Section 12 shall be
twelve months from the date of detention.”24
24
“Indian Kanoon - Search Engine for Indian Law” <https://indiankanoon.org/> accessed
June 25, 2022
KODUNGALLUR FILM SOCIETY V. UNION OF INDIA, (2018) 10 SCC 713:
A. Remedial Measures
(i) “Despite the preventive measures taken by the State Police, if it comes to the notice of the
local police that an incident of lynching or mob violence has taken place, the jurisdictional
police station shall immediately cause to lodge an FIR, without any undue delay, under the
relevant provisions of IPC and/or other provisions of law.”
(ii) “It shall be the duty of the Station House Officer, in whose police station such FIR is
registered, to forthwith intimate the Nodal Officer in the district who shall, in turn, ensure
that there is no further harassment of the family members of the victim(s).”
(iii) “Investigation in such offences shall be personally monitored by the Nodal Officer who
shall be duty bound to ensure that the investigation is carried out effectively and the charge-
sheet in such cases is filed within the statutory period from the date of registration of the FIR
or arrest of the accused, as the case may be.”
(iv) “The State Governments shall prepare a lynching/mob violence victim compensation
scheme in the light of the provisions of Section 357A of CrPC within one month from the
date of this judgment. In the said scheme for computation of compensation, the State
Governments shall give due regard to the nature of bodily injury, psychological injury and
loss of earnings including loss of opportunities of employment and education and expenses
incurred on account of legal and medical expenses. The said compensation scheme must also
have a provision for interim relief to be paid to the victim(s) or to the next of kin of the
deceased within a period of thirty days of the incident of mob violence/lynching.”
(v) “The cases of lynching and mob violence shall be specifically tried by designated
court/Fast Track Courts earmarked for that purpose in each district. Such courts shall hold
trial of the case on a day-to-day basis. The trial shall preferably be concluded within six
months from the date of taking cognizance. We may hasten to add that this direction shall
apply to even pending cases.25 The District Judge shall assign those cases as far as possible to
one jurisdictional court so as to ensure expeditious disposal thereof. It shall be the duty of the
25
“Kodungallur Film Society vs Union of India on 1 October, 2018”
<https://indiankanoon.org/doc/139119795/> accessed June 25, 2022
State Governments and the Nodal Officers in particular to see that the prosecuting agency
strictly carries out its role in appropriate furtherance of the trial.”
(vi) “To set a stern example in cases of mob violence and lynching, upon conviction of the
accused person(s), the trial court must ordinarily award maximum sentence as provided for
various offences under the provisions of the IPC.”
(vii) “The courts trying the cases of mob violence and lynching may, on application by a
witness or by the public prosecutor in relation to such witness or on its own motion, take such
measures, as it deems fit, for protection and for concealing the identity and address of the
witness.”
(viii) “The victim(s) or the next of kin of the deceased in cases of mob violence and lynching
shall be given timely notice of any court proceedings and he/she shall be entitled to be heard
at the trial in respect of applications such as bail, discharge, release and parole filed by the
accused persons. They shall also have the right to file written submissions on conviction,
acquittal or sentencing.”
(ix) “The victim(s) or the next of kin of the deceased in cases of mob violence and lynching
shall receive free legal aid if he or she so chooses and engage any advocate of his/her choice
from amongst those enrolled in the legal aid panel under the Legal Services Authorities Act,
1987.”
B. Punitive Measures:
(i) “Wherever it is found that a police officer or an officer of the district administration has
failed to comply with the aforesaid directions in order to prevent and/or investigate and/or
facilitate expeditious trial of any crime of mob violence and lynching, the same shall be
considered as an act of deliberate negligence and/or misconduct for which appropriate action
must be taken against him/her and not limited to departmental action under the service rules.
The departmental action shall be taken to its logical conclusion preferably within six months
by the authority of the first instance.”26
(ii) “In terms of the ruling of this Court in Arumugam Servai v. State of Tamil Nadu 21, the
States are directed to take disciplinary action against the concerned officials if it is found that
26
(i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii)
where the incident has already occurred, such official(s) did not promptly apprehend and
institute criminal proceedings against the culprits.”
“The measures that are directed to be taken have to be carried out within four weeks by the
Central and the State Governments. Reports of compliance be filed within the said period
before the Registry of this Court. ‖ These recommendations comprehensively set out the
manner in which the State and law-enforcement agencies are expected to deal with the
menace of mob violence specifically lynching and vigilantism and further, assign
responsibility and accountability to officials to curb such incidents as also punitive measures
to deter law enforcement agencies from shirking their duties.27”
 CONCLUSION:
Property crimes, violent crimes, and even cybercrimes are all increasing in the world. They
are caused by a variety of things, including biological, political, and societal reasons. In
reducing crime, the government is crucial. Education and establishing morality in kids from a
young age are two crucial factors that might aid in crime prevention.28
 BIBLIOGRAPHY:
A. https://www.justia.com/criminal/offenses/violent-crimes/
B. https://www.britannica.com/topic/crime-law/Classification-of-crimes
C. https://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-
health/interventions-resources/crime-and-violence
D. https://law.jrank.org/pages/12004/Causes-Crime.html
E. https://www.hg.org/legal-articles/explaining-violent-crimes-22886
F. https://indiankanoon.org/doc/139119795/
27
28
- SM and others, “Causes of Crime” (iPleadersJanuary 11, 2022)
<https://blog.ipleaders.in/causes-of-crime/#Conclusion> accessed June 25, 2022

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DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY, SABBAVARAM, VISAKHAPATNAM, A.P.,

RESEARCH PAPER TITLE: VIOLENT CRIMES AND ITS NATURE

SUBJECT: THE CODE OF CRIMINAL PROCEDURE

FACULTY: PROF. SOMA BHATTACHARJYA

NAME OF THE CANDIDATE: ANUSHKA BOLUSANI

2. To understand the characteristics of offenders so as to come up with beneficial

3. To highlight the relevance of measurement of crime in tracing the patterns of crime.

5. To substantiate the concept with relevant case laws.

III. SCOPE OF THE STUDY:

The study focuses on the classification of violent crimes, the characteristics of

IV. SIGNIFICANCE OF THE STUDY:

This research is critical and explanatory in nature.

VI. RESEARCH METHODOLOGY:

This study is based on the doctrinal method of research.

1. Articles from various websites and blogs.

2. Library resources – SCC online, Bar and Bench, Hein Online.

‘CLASSIFICATION OF CRIMES’ BY BRITANNICA – This article is an elaborate

‘CAUSES OF CRIME’ BY LAW.JRANK.ORG – This article is a detailed outlook into the

VIII. RESEARCH QUESTION:

1. Whether the Measurement of Crime is a relevant concept in tracing the patterns of

IX. RESEARCH DESIGN:

CHAPTER 4 – Deals with relevant case laws to substantiate the paper.

Oxford mode of citation has been used in this project.

CRIMES OF HARM AGAINST ANOTHER:

 CHARACTERISTICS OF THE OFFENDERS:

SOCIAL CLASS PATTERNS:

Factors, Broken Windows, Income And Education - JRank Articles)

GENETICS AND BRAIN ACTIVITY:

It is challenging to separate social and psychological elements, as well as the consequences of

DEBU GHOSE V. STATE OF W.B., (1972) 3 SCC 294:

JUDGMENT D.G. Palekar, J.

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