CLASSICAL SCHOOL

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

1. He is best known for his essay, “On Crimes and Punishment” which presented
key ideas on the abolition of tortureas a legitimate means of extracting
confession.
2. His book contains almost all modern penal reforms but its greatest contribution
was the foundation it laid for subsequent changes in criminal legislation.
3. His book was influential in the reforms of Penal Code in France, Russia,
Prussia and it influenced the first ten amendments in the US Constitution
Beccaria believed that:
a. people want to achieve pleasure and avoid pain.
b. crime provides some pleasure to the criminal.
c. to deter crime, he believed that one must administer pain in an
appropriate amount to counterbalance the pleasureobtained from
committing a crime.
d. Famous in sayings “Let the punishment fit the crime”

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS

REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM

 In forming a human society, men and women sacrifice a portion of their liberty
so as to enjoy peace and security.
 Punishments that go beyond the need of preserving the public safety are in their
nature unjust.
 Criminal laws must be clear and certain. Judges must make uniform judgments
in similar crimes.
 The law must specify the degree of evidence that will justify the detention of an
accused offender prior to his trial.
 Accusations must be public. False accusations should be severely punished.
 To torture accused offenders to obtain a confession is inadmissible.
 The promptitude of punishment is one of the most effective curbs on crimes.
 The aim of punishment can only be to prevent the criminal from committing
new crimes against his countrymen, and to keep others from doing
likewise. Punishments, therefore, and the method of inflicting them, should be
chosen in due proportion to the crime, so as to make the most lasting
impression on the minds of men.
 Capital punishment is inefficacious and its place should be substituted by life
imprisonment.
 It is better to prevent crimes than to punish them. That is the chief purpose of
all good legislation.
Jeremy Bentham:

Bentham’s contribution to ‘classical’ theory is based on the fact that the was a
utilitarian, interested in the happiness and well being of the population and therefore
believing that punishment, in the form of the infliction of pain, should always be
justified in terms of a greater good. At the heart of Bentham’s writing was the idea
that human behaviour is directed at maximising pleasure and minimising pain, (the
pleasure-pain principle). Bentham believed that crime was committed on the outset,
by individuals who seek to gain excitement, money, sex or anything of value to the
individual.
The Classical School of Criminology’s concept of human nature as governed by the
doctrine of “free will” and rational behavior, upholds the following principles:

 All human beings, including criminals, will freely choose either criminal ways
or non-criminal ways, depending on which way they believe will benefit them.
 Criminals will avoid behaviors that will bring pain and will engage in
behaviors that will bring pleasure.
 Before deciding which course of action to take, criminals will weigh the
expected pains.
 Criminals are responsible for their behaviors. They are seen as human beings
who are able to interpret, analyze, and understand the situations in which they
and themselves.
 Criminals act over and against their environments. They are not victims of their
environment.
 Criminals go through a thinking process whereby they take a variety of factors
into account before they make a final decision on whether or not to commit a
criminal act.
 Criminals are totally responsible for their behaviors.
 Environmental forces do not push, pull, or propel individuals to act. An
individual acts willfully and freely.
 Offenders are not helpless, passive, or propelled by forces beyond their control.
 Each criminal act is a deliberate one, committed by a rational, choosing person
who is motivated primarily by the pleasure-pain principle.
Development of Criminal Law in India

Recently the Union Home Minister introduced three new Bills in the Lok Sabha that
propose a complete overhaul of the country’s criminal justice system. The three Bills
are:

 The Bharatiya Nyay Sanhita Bill, 2023, which will replace the IPC, 1860
 The Bhartiya Nagrik Suraksha Sanhita Bill, 2023, which will replace the CrPC,
1898
 The Bharatiya Sakshya Bill, 2023, which will replace the Evidence Act, 1872
Note:

 Indian Penal Code (IPC) is the official criminal code of India drafted in 1860 in
the wake of the first law commission established in 1834 under the Charter Act
of 1833.
 Code of Criminal Procedure (CrPC) provides procedures for administering
criminal law in India. It was enacted in 1973 and became effective on 1 April
1974.
 The Indian Evidence Act, originally passed in India by the Imperial Legislative
Council in 1872, during the British Raj, contains a set of rules and allied issues
governing admissibility of evidence in the Indian courts of law.
What is the Criminal Justice System?

 The criminal justice system is the set of laws, processes, and institutions that aim
to prevent, detect, prosecute, and punish crimes, while ensuring the rights and
safety of all people.
 It includes institutions like police forces, judicial institutions, legislative bodies,
and other supportive organizations like forensic and investigation agencies.
What are the Proposed Changes in India’s Criminal Justice System?

(1) Proposed Changes in the Bharatiya Nyay Sanhita Bill, 2023:

o The bill defines terrorism and offenses such as separatism, armed

rebellion against the government, challenging the sovereignty of the
country, which were earlier mentioned under different provisions of law.
o It repeals the offense of sedition, which was widely criticized as a colonial
relic that curbed free speech and dissent.
o It prescribes capital punishment as the maximum sentence for mob
lynching, which has been a menace in recent years.
o It proposes 10 years imprisonment for sexual intercourse with women
on false promise of marriage, which is a common form of deception and
exploitation.
o The bill introduces community service as a form of punishment for
specific crimes, which can help in reforming offenders and reducing
overcrowding in prisons.
 o The bill fixes a maximum limit of 180 days to file a charge sheet, which
can speed up the trial process and prevent indefinite delays.
(2) Proposed Changes in the Bhartiya Nagrik Suraksha Sanhita Bill, 2023:
o It promotes the use of technology for trials, appeals, and recording
depositions, allowing video-conferencing for proceedings.
 The bill makes video-recording of statement of survivors of sexual
violence compulsory, which can help in preserving evidence and
preventing coercion or manipulation.
o The bill mandates that police must inform about the status of a complaint
in 90 days, which can enhance accountability and transparency.
o Section 41A of the CrPC will be renumbered as Section 35. This change
includes an added safeguard, stipulating that no arrest can be made
without prior approval from an officer at least at the rank of Deputy
Superintendent of Police (DSP), especially for offenses punishable by less
than 3 years or for individuals above 60 years.
o The bill requires that police consult the victim before withdrawing a case
punishable by seven years or more, which can ensure that justice is not
compromised or denied.
o It allows absconding criminals to be tried in-absentia by court and
sentenced too, which can deter fugitives from escaping justice.
o It empowers magistrates to take cognizance of offenses based on
electronic records such as emails, SMSs, WhatsApp messages
etc., which can facilitate evidence collection and verification.
o Mercy petitions in death sentence cases to be filed within 30 days to
the Governor and within 60 days to the President.
 No appeal shall lie against the President's decision in any court.
(3) Proposed Changes in Bharatiya Sakshya Bill, 2023:

 The bill defines electronic evidence as any information generated or

transmitted by any device or system that is capable of being stored or
retrieved by any means.
 It lays down specific criteria for admissibility of electronic evidence such as
authenticity, integrity, reliability etc., which can prevent misuse or tampering
of digital data.
 It provides for special provisions for admissibility of DNA evidence such as
consent, chain of custody etc., which can enhance accuracy and reliability of
biological evidence.
 It recognises expert opinion as a form of evidence such as medical opinion,
handwriting analysis etc., which can assist in establishing facts or
circumstances relevant to a case.
 It introduces the presumption of innocence as a fundamental principle of the
criminal justice system, which means that every person accused of an offense is
presumed to be innocent until proven guilty beyond reasonable doubt.
What are the Issues in the Current Criminal Justice System of India?

 Pendency of Cases: According to the National Judicial Data Grid, there are over
4.7 crore cases pending in Indian courts across different levels of the judiciary.
This leads to delays in justice delivery, violation of the right to speedy trial, and
loss of public trust in the system.
 Lack of Resources and Infrastructure: The criminal justice system suffers
from inadequate funding, manpower, and facilities. There is a shortage of judges,
prosecutors, police personnel, forensic experts, and legal aid lawyers.
o For a country of 135 million, there are only 21 judges per million population
(as of February 2023).
o There are almost 400 vacancies in the high courts. And around 35% of the
posts are lying vacant in the lower judiciary.
 Poor Quality of Investigation and Prosecution: The investigation and
prosecution agencies often fail to conduct thorough, impartial, and professional
investigations. They face interference from political and other influences,
corruption, and lack of accountability.
 Human Rights Violations: The criminal justice system is often accused of
violating the human rights of the accused, victims, witnesses, and other
stakeholders. There are instances of custodial torture, extrajudicial killings, false
arrests, illegal detentions, coerced confessions, unfair trials, and harsh
punishments.
 Outdated Laws and Procedures: The criminal justice system is based on laws
and procedures that were enacted by the British in 1860. These laws are archaic
and not in tune with contemporary times. They do not address new forms of
crimes such as cybercrime, terrorism, organised crime, mob lynching, etc.
 Public Perception: The Second ARC has noted that police-public relations are
unsatisfactory in India because people view the police as corrupt, inefficient, and
unresponsive, and often hesitate to contact them.
What are Committees’ and Their Recommendations to Reform the Criminal
Justice System of India?

 Vohra Committee, 1993: To deal with the increasing problem of criminalisation

of politics and nexus between politicians, bureaucrats, criminals, and anti-social
elements.
o It recommended that an institution be set up to effectively deal with this
menace by collecting intelligence from various sources and taking
appropriate action against such elements.
 Malimath Committee, 2003: To revamp the criminal justice system, it made
recommendations covering various aspects. Some of the key recommendations
were:
o Introducing a new category of offences called ‘social welfare offences’ for
minor violations that can be dealt with by imposing fines or community
service.
 o Replacing the adversarial system with a ‘mixed system’ that incorporates
some elements of the inquisitorial system such as allowing judges to play an
active role in collecting evidence and examining witnesses.
o Reducing the standard of proof required for conviction from ‘beyond
reasonable doubt’ to ‘clear and convincing evidence’.
o Making confessions made before a senior police officer admissible as
evidence.
 Madhav Menon Committee, 2007: This committee was set up to draft a
national policy on criminal justice. It suggested various principles and strategies
to guide the reform process such as:
o Ensuring respect for human dignity and human rights in every stage of
criminal justice.
o Promoting restorative justice that focuses on healing the harm caused by
crime rather than inflicting punishment.
o Improving coordination and cooperation among various agencies involved
in criminal justice such as police, judiciary, prosecution etc.
 Supreme Court Directives on Police Reforms, 2006: In response to a public
interest litigation filed by two former police officers Prakash Singh and N.K.
Singh, seeking police reforms in India ,the Supreme Court issued seven
directives to ensure functional autonomy, accountability ,and professionalism of
the police force. Some of the directives were:
o Setting up a State Security Commission to lay down policies for police
functioning ,evaluate performance ,and ensure that state governments do not
exercise unwarranted influence or pressure on the police.
o Ensuring a fixed tenure for the Director General of Police, who should be
selected from a panel based on objective criteria and not at the whims of the
political executive.
o Separating the investigation and law and order functions of the police to
ensure speedier investigation, better expertise, and improved rapport with
the people.
o Establishing a Police Complaints Authority at the state and district levels to
inquire into allegations of serious misconduct and abuse of power by police
personnel.
What is the Significance of the Proposed Reform?

 The reform aims to modernize and simplify the criminal laws, which are
outdated and complex. The reform will make the laws more in tune with the
Indian spirit and ethos, and reflect the changing nature of crime, society, and
technology.
 The reform will repeal the draconian sedition law under Section 124A of the
IPC, which has been widely criticised for being misused against dissenters and
critics of the government.
o The reform will also introduce new offences such as terrorism, corruption,
mob lynching, and organised crime, which are not adequately covered by
the existing laws.
 The reform will make some of the sexual offences gender neutral, by including
men and transgenders as potential victims and offenders, in addition to women.
 The reform will increase the use of electronic evidence and forensics during
investigation, prosecution, and adjudication.
 The reform will empower the citizens, by allowing them to register a police
complaint in any police station, regardless of the location where the crime took
place. The reform will also provide for effective protection of the constitutional
rights of citizens, such as right to life, liberty, dignity, privacy, and fair trial.
What are the issues in current proposed reforms to the criminal justice system?

 Lack of Consultation and Transparency: The bills were drafted by a Criminal

Law Reforms Committee, 2020.
o The composition did not include any representatives from the judiciary, the
bar, the civil society, or the marginalized communities. The committee also
did not make its report or draft bills public for wider consultation and
feedback.
 Potential Violation of Human Rights: The bills have been criticized for using
vague and broad terms that could infringe on the human rights of the accused,
victims, witnesses, and other stakeholders.
o For example, the BNS introduces a new offence of “acts endangering
sovereignty, unity and integrity of India” under Section 150, which is
similar to the repealed offence of sedition under Section 124A of IPC. This
could be used to suppress dissent and free speech.
o Similarly, the BSB allows confessions made before a police officer to be
admissible as evidence under Section 27A, which could increase the risk of
custodial torture and coercion.
o The BNSS also gives wide powers to the police to arrest, search, seize,
and detain without any judicial oversight or safeguards.
 Lack of Coherence and Consistency: The bills have been accused of being
inconsistent and contradictory with each other and with other existing laws. For
example,
o The BSB also introduces a new standard of proof for conviction from
“beyond reasonable doubt” to “clear and convincing evidence”, which is not
defined or explained in the bill.
o The BNSS also creates a new category of offences called “social welfare
offences” that can be dealt with by imposing fines or community
service, but does not specify which offences fall under this category.
What Needs to be Done?

To address the challenges and potential shortcomings in the proposed reforms a more
inclusive and comprehensive approach is needed.

 Inclusive Consultation: Initiate a broader consultation process involving all the

stakeholders including the general public to accommodate diverse perspectives
before implementing any reforms.
 Human Rights Safeguards: To explicitly incorporate human rights principles
and safeguards clearly define and narrow down vague terms to prevent potential
misuse.
 Coherent Legal Framework: Ensure consistency and coherence across the
proposed bills and other existing laws.
 Technology Integration: Enhance the use of technology in the criminal justice
process, including digitized evidence collection, online proceedings, and video-
recorded statements for quicker trials, reduced backlog, and enhanced
transparency.
 Capacity Building: Invest in training, recruitment, and infrastructure to bolster
the capacity of law enforcement agencies, judiciary, and legal aid services.
Adequate resources will lead to more efficient and fair administration of justice.
 Restorative Justice: Embrace restorative justice principles that focus on
reconciliation, restitution, and rehabilitation to address the root causes of crime,
reduce recidivism, and provide closure to victims.
 Public Awareness: Awareness campaigns to educate the public about their
rights and responsibilities within the criminal justice system to improve police-
public relations.
By pursuing these progressive steps, we as a nation can work towards a criminal
justice system that upholds the rule of law, protects human rights, and effectively
serves the needs of its diverse population.
POSITIVE SCHOOL

The earlier schools focussed on the crime rather than the criminal therefore, this
school was the beginning of a new era wherein the focus was on the criminal and the
various reasons leading to the causation of crime. The real cause of criminality lay in
anthropological features of the criminal which helps in demonstrating the functioning
of brain in order to establish a corelationship between criminality and the structure
and functioning of brain. The main exponents of this school were three eminent Italian
criminologists, namely, Cesare Lombroso, Raffaele Garofalo and Enrico Terri and
therefore, it is known as the Italian School of Criminology.

Cesare Lombroso (1836-1909)

The first attempt to understand the personality of offenders in physical terms was
made by him, who is regarded as the originator of modern criminology. He was the
first to employ scientific methods in explaining criminal behaviour and shifted the
emphasis from crime to criminal.

Lombroso adopted an objective and empirical approach to the study of criminals

through his anthropological experiments. After an intensive study of physical
characteristics of his patients and later on of criminals, he came to a definite
conclusion that criminals were physically inferior in standard of growth and therefore,
developed a tendency for inferior acts.

Lombroso’s theory devised that there were 3 kinds of criminals:

(i) The Atavists or hereditary criminals. —Lombroso also termed them as born
criminals. In his opinion born- criminals could not refrain from committing crimes
because they aspect of criminality was hereditary in nature and he termed such a class
at the Atavists. He, therefore, considered these criminals beyond reformation.

(ii) Insane Criminals. —The second category of criminals according to Lombroso

consisted of insane criminals who are unable to understand the nature and conduct of
their act on account of mental depravity or disorder.

(iii) Criminoids. —Lombroso devised the third category of criminals which were
deemed as criminoids who had devised a physical criminal type and had a tendency to
commit crime in order to overcome their inferiority complex in order to survive in the
society.

Even though, Lombroso’s theory was not accepted in the earlier centuries but was
widely appreciated however, with the focus being shifted upon the criminal rather
than the crime, the Atavist theory of Lombroso was rejected upon the sole reason that
no criminal is beyond reformation.

It must however be stated that at a later stage Lomroso himself was convinced about
the futility of his theory of atavism and therefore extended his theory of determinism
to social as well as economic situations of criminals. Thus, he was positive in method
and objective in approach with subsequently paved way to formulation of multiple-
causation theory of crime by the propounders of sociological school of criminology.

Though, the importance of Lombroso’s work lies in its scientific methodology and his
rejection of free- will theory.

Enrico Ferri (1856-1928)

The major contribution of Ferri to the field of criminology is his theory of "Law of
Criminal Saturation". This theory presupposes that the crime is basically the produce
of three main factors: —

(1) Physical or geographical;

(2) Anthropological; and

(3) Psychological or social.

Thus, Ferri emphasised that criminal behaviour is an outcome of a variety of factors

which have effect upon such an offender and instigate him to commit a certain
offence. According to him social change, which is inevitable in a dynamic society;
results in disharmony, conflict and cultural variations but change cannot beavoided.

Ferri classified the criminals into 5 types mainly:

(1) born criminals;

(2) occasional criminals;

(3) passionate criminals;

(4) insane criminals; and

(5) habitual criminals.

He suggested an intensive programme of crime prevention and recommended a series

of measures for treatment of offenders and therefore, believed in the rehabilitation and
reformation of the criminal.

Raffaele Garofalo ( 1852-1934)

Raffaele Garofalo was one of the three main exponents of positive school of
criminology, he emphasised that lack of pity generates crimes against person while
lack of probity leads to crimes against property. He stressed the need for a closer study
of the circumstances and living condition of criminals. He firmly believed that a
criminal is a creature of his own environment. He placed criminals mainly into four
categories, namely:

(1) murderers whom he called “endemic” criminals lacking sentiments of pity and
probity

(2) violent criminals who are affected by environmental influences such as prejudices
of honour, politics and religion indicating lack of pity
(3) criminals lacking in sentiment of probity such as thieves , and

(4) lascivious or lustful criminals who commit crimes against sex and chastity. They
have deficient moral perception.

Garofalo was not very optimistic about reformation of offenders. He therefore,

strongly pleaded for elimination of habitual offenders who were incapable of social
adaptation as a measure of social defence.

AN APPRAISAL OF POSITIVE SCHOOL OF CRIMINOLOGY

It would be seen that the positive school of criminology emerged essentially out of the
reaction against earlier classical and neo-classical theories. The advocates of this
school completely discarded the theories of omnipotence of spirit and free will on the
ground that they were hypothetical and irrational.

Alternatively, they attributed criminality to anthropological, physical and social

environment. The greatest contribution of positive school to the development of
criminal science lies in the fact that the attention of criminologists was drawn for the
first time towards the individual. , that is personality of criminal rather than his
act(crime) or punishment. This certainly paved way for the modern penologist to
formulate a criminal policy embodying the principle of individualisation as a method
and reformation. Thus, positivists introduced the methodology and illogic of natural
science in the field of criminology.

With the predominance of positive school, the emphasis was shifted from penology to
criminology and the objects of punishment were radically changed inasmuch as
retributory methods were totally abandoned. The positivists suggested elimination of
only those criminals who did not respond favourably to extra- institutional methods.

CLINICAL SCHOOL OF CRIMINOLOGY

With the development of human psychology there is greater emphasis on the study of
emotional aspect of human nature. This branch of knowledge has enabled modern
criminologists to understand the criminal behaviour of offenders in its proper
perspective.
Prof Gillin, therefore, rightly remarked that the theory of modern clinical school on
the side of crimogenesis presupposes offender as a product of his biological
inheritance conditioned in his development by experiences of life to which he has
been exposed from infancy up to the time of the commission of crime. Thus, clinical
school takes into account variety of factors.
It further suggests that the criminals who do not respond favourably to correctional
methods such as probation, parole, reformatories, open-air camps, etc. Thus, briefly
stated, individualisation became the cardinal principle of penal policy in modern
penology.
The main theme of clinical school is that personality of man is a combination of
internal and external factors therefore, punishment should depend on personality of
the accused. This is known as correctional trend of reformation through
individualisation.
Labelling theory

 The key idea within labelling theory is that crime is a social construction,
and the agents of social control - police, people in powerful positions,
authorities, media, etc. - label the ‘powerless’ as criminals based on
stereotypical assumptions.
 Labelling theory is applicable to mainstream media’s representation of
certain groups. Interactionists believe that the media’s portrayal of the
deviance of youth subcultures is often exaggerated, which creates a ‘moral
panic’ among the masses. This results in restraining or stopping the
activities of these subcultures, and that triggers them to respond with more
deviant behaviour.

1. Labeling theory focuses on formal and informal applications of stigmatizing and

deviant “labels” by society on some of its members. Many have argued however, that
these labels are often the result of the statues of the individual, ie race, social class,
and socioeconomics, as opposed to any act committed.
2. Labeling theory treats such labels as both cause and effect, as independent and
dependent variables.
3. Lemert focused on two stages of deviance: Primary deviance is the commission of
criminal acts before the individual is caught and punished for them; and secondary
deviance refers to crimes committed due to the label society has placed upon an
offender.
4. A major concept in symbolic interactionism is the “looking-glass self,” in which
our self concepts are rejections of other people’s conceptions of us, as revealed in
their interactions with us.
5. Labeling theory mirrors conflict theory in that the individuals with power create and
enforce rules at the expense of the less powerful.

MULTIPLE FACTOR APPROACH TO CRIME CAUSATION

 • Despite repeated attempts on the part of criminologists propounding different
views to formulate a singular theoretical explanation for criminal behaviour, no
hypothesis could answer the issue satisfactorily. Eventually, the sociologists made use
of 'multiple-factor approach' to explain the causation of crime.

• The supporters of this view believe that crime is a product of a combination of a

variety of factors which cannot be narrated in terms of general propositions.

• This view finds support from the writings of eminent American criminologist
William Healy, expressing his views on multiple causation theory, Prof. Healy
observed that it is not one or two factors which turn a man delinquent but it is a
combination of many more factors say eight or ten-which cumulatively influence him
to follow criminal conduct

• But this theory has been vehemently criticised by Albert Cohen on the ground
that it offers no single explanation which can explain crime causation.

• The greatest shortcoming of the multiple factor approach to crime according to

Cohen is that the adherents of this theory confused 'factors' with those of 'causes' of
crime.

Multiple factors includes:

1. Mobility: The rapid growth of industrialisation and urbanisation in recent years

has led to expansion of means of communication, travel facilities and propagation of
views through press and platform. Consequently, human interaction has gone beyond
intimate associations with increased chances of mobility. Migration of persons to new
places where they are strangers offers them better opportunities for crime as the
chances of detection are considerably minimised. Mobility, therefore, serves as a
potential cause of social disorganisation which may result in deviant behaviour due to
lack of family control.

2. Culture conflicts: In a dynamic society social change is an inevitable

phenomenon. The impact of modernisation, urbanisation and industrialisation in
modern dynamic society may sometimes result in social disorganisation and this may
lead to culture conflicts between different sections of society. The difference may be
between old and new values, local and imported values and traditional values and
the government imposed values.

Sutherland has termed this phenomenon as “differential social disorganisation” which

is more common with lower-class neighbourhoods. He attributes three main causes for
the culture conflict, namely, (1) residential instability; (2) social or
ethnic heterogeneity; and (3) poverty.

3. Family background: Sutherland holds that out of all the social processes, the
family background has perhaps the greatest influence on criminal behaviour of the
offender. The reason being that children spend most of their time with their parents
and relatives within the family. Children are apt to imbibe criminal tendencies, if they
and their parents or members of the family behaving in a similar manner.
 4. Political ideology: It is well known that the Parliamentarians who are law-makers
of the country are also politicians. They succeed in mobilising public opinion in the
desired way through the media of press and platform and finally enact suitable laws to
support their policies. Thus, political ideologies gain strength through legislative
process thereby directly influencing the criminal patterns in a given society.

5. Religion and Crime: The changes in religious ideologies also have a direct
bearing on incidence of crime in a particular region. It has been rightly said that
morality can best be preserved in a society through the institution of religion. The
bond of religion keeps persons within their limits and helps them to keep away from
sinful and criminal acts. Looking to the present day Indian conditions, things seem to
be still worse.

6. Economic Conditions: Economic conditions also influence criminality to a

considerable extent. Present day industrial progress, economic growth and
urbanisation have paralysed the Indian domestic life. The institution of family has
disintegrated to such an extent that control of parents over their wards has weakened
thus leaving them without any surveillance

7. Ecology of Crime: Ecology is the study of people and institutions in relation to

environment. Topographical conditions also affect the incidence of crime in a
particular region or locality. After a series of researches Enrico Ferri, the eminent
Italian criminologist analysed the crime index of his country and concluded that in the
same country the crime rate varies considerably from one region to another.

8. Influence of media: The importance of mass media in influencing human mind

has been repeatedly emphasised by some experts. Experience has shown that
television and films have the maximum impact on the viewers due to combined audio-
visual impact. Most of serials or films shown on television or cinema halls depict
scenes of violence which adversely affect the viewers, particularly the young boys and
girls who often tend to imitate the same in their real life situations.

Psychodynamic Theory
Crime is present in the society because of the mentality of the people. Psychologists
have long been interested in the minds of criminals. Psychological theories of crime
tend to see offending behaviour from a psychological perspective, focusing on aspects
such as a person’s personality, thinking patterns, and cognitive distortions. According
to the psychological explanation of crime, crime is more of a result of thinking
patterns and life experiences than biological reasons. Psychological theories of crime
see offending behaviour as a result of theindividual’s mind and behaviours;
specifically, psychological theories of crime focus on personality types (Eysenck),
cognitive approaches (faulty thinking patterns, cognitive distortions, and moral
reasoning), and psychodynamic (abnormal ego, superego and id) and learning
approaches (conditioning and differential association theory). In this article we shall
discuss Psychodynamic Theory of Criminal Behaviour.

There are basically five major psychological theories that are associated with criminal
psychology which deals with the thoughts and behaviours of offenders and criminals.
These are:

o Psychodynamic theory
o Cognitive theory
o Behavioural theory
o Personality theory and
o Theory of intelligence.

These theories explain dynamics underlying crime and criminal behaviours.

Psychodynamic Theory and Criminal Behaviour:

This theory largely comes to us from the mind of noted psychologist Sigmund Freud
(1856-1939), founder of psychoanalysis. He argued that everyone has instinctual
drives (called the “id”) that demand gratification. Moral and ethical codes (called the
“superego”) regulate these drives, and adults later develop a rational personality
(called the “ego”) that mediates between the id and superego. Based on this idea,
criminal behaviour is seen primarily as a failure of the superego. Thus,
psychodynamic theory sees criminal behaviour as a conflict between the id, ego and
superego. This conflict can lead to people developing problematic behaviour and
delinquency.

According to the psychodynamic theory, the early childhood experiences of the

individual are responsible for such behaviours. While id was considered the primitive
part of the individual’s mental makeup and was also present at birth onwards, the Ego
developed in the early years of the individual’s life. An individual’s mental growth
starts from the childhood, from where he starts to learn and his growth for good or bad
things starts from there only. Something happened in childhood is constantly drawn in
person’s mind, frustration, anger , depression , anxiety of childhood shows up in
future. Childhood worst experience will affect the future by the way of depression,
anxiety that is the main reason most of the youth or teenagers indulge themselves in
crimes. Most of the youth are drug addicts because of their family issues or issues
relating to relationships nowadays or if their friend is doing, they will also do the same
for the sake of popularity amongst their friends or group or college, school. Person’s
personality is controlled by unconscious mental process that is grounded in early
process.
  The id functions on pleasure principle, and demands immediate gratification of
its needs, desires and wishes regardless of the circumstances. Psychodynamic
theorists are of the view that the individual’s personality is controlled by
unconscious mental processes having their origin in the person’s childhood.
Thus, the id represents the basic biological drives for food, sex and other needs
for the individual’s very survival.
 The ego is the logical, rational, realistic part of the personality. The ego
functions on the reality principle, in the sense that it looks for the available
sources in the environment that could gratify the id’s needs. Thus the ego
evolves from the id and draws its energy from the id. The ego must consider
the constraints of the real world in determining the appropriate times, places
and objects for gratification of the id’s wishes.
 The Super ego is considered the moral arm of the individual’s personality. It is
the embodiment of all the ‘rights’ and ‘wrongs’, imbibed by the individual on
the basis of do’s and don’ts, dictated by the parents and significant others.
When someone develops moral standards and values of the community, family,
friends, good or bad behaviour or morality is developed is super ego.

When the child is age 5 or 6 years, the superego, the moral component of the
personality is formed. The superego has two parts:

o The conscience is the sense of guilt when the person does something wrong.
The conscience consists of all the behaviours for which we have been punished
and about which we feel guilty;
o Ego Ideal is the idealistic view of all that which is correct/right. The ego ideal
contains the behaviours for which we have been praised and rewarded and
about which we feel pride and satisfaction.

At first the superego reflects only the parent‘s expectations of what is good and right,
but it expands over time to incorporate teachings from the broader social world. In its
quest for moral perfection, the superego sets moral guidelines that define and limit the
flexibility of the ego.

Any conflict between these three forces or an imbalance between them could cause
delinquent and deviant behaviour in a person. While the Ego tries to gratify all the
needs of the id, it also makes sure that the super ego’s requirements are not ignored
and the ideal self remains and the person is not overwhelmed by guilt feelings. Thus
the ego strives to strike a balance between the id’s desires and wishes and the moral
requirements of the super ego. So long as the ego is strong and capable, neither the id
nor the super ego becomes dominant or overpowering. An approach called
psychoanalytic criminology is drawn from Freudian psychoanalysis, which uses a
method to study crimes and criminal behaviour.

According to psychodynamic theory, the Id has been considered responsible for

criminal behaviour. As mentioned above, Id is concerned with immediate gratification
of its needs with no concern for others or what is right and what is wrong. For
instance, criminals have no concern for their victims or the society or its laws and
regulations. They are generally lonely, interested in getting what they want by forcibly
taking away from others their possessions in the process injuring, harming the
persons, to such an extent that if situation warrants, they may take away the victim’s
life too. Thus, psychodynamic theory explains criminal behaviour in terms of a
dominant Id, frustration, provocation and childhood experiences such as being
neglected, unhappy and miserable, lack of love and nurturing and a very weak super
ego and a weak, which is linked to immaturity, and dependency on others.

Limitations to Psychoanalytical Theory:

o It is deterministic. The approach suggests that behaviour is predetermined and

hence creates an impression that people do not have free will
o It over-emphasises childhood experience as the source of the abnormality.
While this is true in some cases, it isn’t necessary to work with childhood
experiences for most issues
o Though it is a thorough explanation it is very difficult to test or validate the
theory through empirical work.
o The actual patterns of criminal conduct usually differ generally from Freud’s
explanation. Law breakers go to extremes top avoid detection. This fact makes
his hypothesis of that criminal suffers from a compulsive need to be punished
and be cleansed from their guilty feelings.

SOCIAL INSTITUTIONS AND CRIME CAUSATION

(i) FAMILY
Family plays an extremely important role in the evolution of a child’s personality and
behaviour. Lack of affection to the child from the family is considered to be one of the prime
reasons for the anti-social behaviour in a child. Death of the parents, divorce or desertion,
another instance is “broken family” which refers to the parents and children not living
together, or either of parents not living with the children, “size” of the family. According to
psychologists, the formation of the basic personality of a child is complete in the first ten or
twelve years of his life and the family’s impact is exclusive. ‘Broken family’ play a
significant role in increasing juvenile delinquency.
(ii) RELIGIOUS CONTROL
Interrelation between religion and delinquency may be viewed from two angles ie, religion is
considered in its positive sense as a source of constructive morality or as a negative
instrument in terms of its undesirable leadership, distorted practices and abuse due to
corruption and commercialisation.
According to sociologists, the influence of religion in the first sense plays a significant role in
preventing criminal behaviour by moulding the individual personality. In this sense, it can
also be used as an instrument of reformation of a delinquent. In its negative aspect, it may
promote delinquent behaviour among young persons as a result of their disillusionment with
the system based on hypocrisy and dishonesty.
(iii) FORMAL EDUCATION AND DELINQUENCY
After family, it is the school which provides the most important opportunity to a child for the
development of his social attitudes. School is the place where a child spends most of its time.
It also affects a child’s mental psyche and it builds the reasoning, thinking and learning
abilities of the child to another level as compared to the before school phase of a child.
Factors such as low socioeconomic status of the family, low intelligence, lack of motivation
and poor school performance, emotional instability and personality defects, ineffective
adjustment of instruction and subjects to pupils needs, lack of participation in extracurricular
activities, disinterest in subjects, unsympathetic attitude of parents to education, are the
important factors affecting the attitudes towards school.
(iv) ECONOMIC FACTORS AND CRIME
Money and economic stability have been traditionally considered to be one of the main
reasons for crime causation. A large number of crimes are done to gain some or the other
monetary benefit. Poverty play an important role in deliqueny and the capitalistic system may
also contribute to poverty
(v) STATE AND CRIME
State is the external institution established with legitimate physical force to regulate,
supervise and control public and private affairs of the individual. Aristotle - “Man is a social
animal and by nature, he is a political being.” The existence of life is merely a skeleton
without liberty of speech and expression provided to us by us. The people are also bound by
their obligations to perform their duties for the welfare of society at large.
Theories of causation of crime
The different types of crimes and the various reasons attributed to their occurrence are
not exhaustive. Crime is caused due to a multiplicity of factors that are ever-changing.
That said, there are certain theories that have risen which attempt to ascertain the
causation of crime. They include biological, economic, psychological, political, and
sociological theories.

1. Biological theories

The interaction of various biological factors can be attributed to the occurrence of

criminal matters. These biological factors refer to neurological, psychological,
hereditary, and even biochemical elements that lead to crime. Conventionally, crime is
always regarded as an outcome rising from various social aspects. However, in the
past decade, there has been ample proof suggesting that genetic and biological factors
contribute significantly to criminal behaviour. Biological factors are more
comprehensive, comprising physiological, biochemical, neurological, and genetic
factors.

2. Economic theories

Given the assumption that all human beings engage in rational behaviour, it is mind-
boggling to see the crime rates in industrialized economies go through the roof. Many
social researchers were of the opinion that crime is heavily influenced by economic
factors like employment, education, financial conditions, and the like. It is one of the
most common side effects of social exclusion. Criminals with the background of
industrial employees engaging in manual work choose that way of life due to the lack
of both education and jobs in the market. Crime is heavily influenced by wages and
the employment status of the people in question. Economists were of the opinion that
educational programmes are the efficient way to combat the issue of rising crime in a
world full of depleting jobs and wages. All economic models of crime focus on
deterring effects and the interrelation between work and crime. They conclude that the
main reason for a crime could be attributed to rampant unemployment.

Blue-collar criminals usually have limited education and limited labor marketplace
ability. These features describe the poor employment records and the low real
earnings of most criminals. These kinds of issues originally cause economists to
analyze the relations between wages and unemployment amount on crime. Most
recently economists have also examined the benefits and rates of educational
programs to reduce crime. The reasons based on the economic model of crime is a
model of decision-making in dangerous situations. Economists analyze how individual
attitudes toward risk affect the extent of illegal behavior. A key feature is the idea of
convenience; judgments are made of the suitable gain to be noticed from a particular
choice of action.
 3. Psychological theories

Psychological theories of crime are extremely complex in nature. They focus on the
personal relations of the criminal. These theories try to demonstrate the evolution of
offending from when the offender was a child to when they become an adult.
Psychologists are of the opinion that offensive behaviour is akin to unfriendly
behavior. A case in point would be reckless driving, administering drugs, intoxication,
and the like. So, they use theories and systems evolving from observations of
unfriendly behavior to analyze and study crime. To deal with criminal tendencies they
resort to motivational approaches that induce thoughtfulness and good decision-
making. Since psychology entails a scientific study of human behavior based on data,
various factors that influence crime were said to be bad upbringing, broken families,
parents indulging in crime themselves, and personality disorders. The following parts
discuss the most important categories of risk factors that influence crime:

 Family impacts, like broken homes, poor child-rearing methods, and

criminal parents.
 Individual impacts such as personality. The foremost important personality
thinking about relevance crime is abandoned, while the most influential
theory of the link between personality and crime is recommended by Hans
Eysenck.

4. Political theories

All methods of crime are said to be in accordance with one political philosophy or the
other. So, all orientations of crime are the consequence of some political theory.
Social disputes and governmental relations are important constituents of crime. People
with different and sometimes conflicting political theories tend to associate crime with
different factors. For instance, radical extremists may be of the opinion that crime is
an act of resistance to oppression whereas liberals are of the opinion that criminals are
misguided people reacting poorly to faulty social institutions. The criminal law policy
is seen as a tool of political power or repression, the politicization of all sins is
intended. It has been infrequently held that political sins are uniquely agreeable to
display by labeling and dispute theories, but the counter-argument is that any theory
with an attachment to political philosophy is often invoked to account for political
criminality.

5. Sociological theories

Sociological theories can be further divided into three theories namely strain theory,
social learning theory, and control theory.

a) Strain theory

According to the strain theory people get engaged in crime because they experience a
lot of stress or strain, they become upset and feel negativity around them, and they
sometimes get involved or connect with some crime as a result. They may be involved
in crime to reduce their stain which they are experiencing. For instance, for reducing
their financial problems they may steal, end harassment from others they may involve
in violence, escape from abusive parents they may run away from home or may
commit injury to themselves. They may be also involved in crime to take revenge
against those who have done wrong to them. To make himself/themselves feel better
they may start using illicit drugs.

b) Social learning theory

This theory suggests that criminals learn to engage in criminal activities through
people in their social circles like friends, family, acquaintances, etc. So the basic idea
here is that one does not resort to crime independently but crime is a consequence of
their association with others. Peers have a huge influence on people and hence
indirectly lead them down the wrong path.

Most social learning theory involves the three mechanisms by which every individual
learns to involve in crime: differential reinforcement, modeling, and beliefs.

 Differential pillars of crime: People may guide others to get involved in

crime through the support and punishments they provide for behaviour.
More probably, crime occurs when there is:
o Frequently reinforced and infrequently punished,
o Reinforcement in large amount (for instance, a lot of money or
social approval),
o More likely to be reinforced as the alternative behavior.
 Beliefs favorable to crime: Other people not only reinforce our crime, in
fact, they also teach us beliefs favorable to crime. Most individuals are
taught that crime is bad or wrong. They, at last, accept this belief, and they
are less predicted to be captured in crime as a result.
 The copying of criminal models: Behavior or manner is not a part of
reinforcements and punishments, and beliefs, and individuals receive, but
also of the behaviour of those who are around them. Particularly, every
individual often models the behaviour of others- especially when they like
or respect others and have reason to believe that copying thor behaviour or
manner will result in reinforcement.

c) Control theory

Crime is taken for granted in this theory. All criminals are said to have certain desires
that they can accomplish much more easily by resorting to crime as compared to any
other legally acceptable method. An example would be stealing money as opposed to
working. People would prefer to steal as that would give them the same amount of
money but minus the effort. So, control theorists believe that there is no specific
reason for crime and it only occurs because it is the most convenient way for some
people to get what they want.
RELATIONSHIP BETWEEN CRIME AND MEDIA

Media has become the defining characteristic of our contemporary social lives. It
plays a key role in presenting us the knowledge of crime in terms of the statistics
related to crime, type of crimes prevalent, people at risk and appropriate responses
since we lack personal experience in this domain usually. Hence, it becomes important
to critically explore the representations created by media forms like television,
newspapers, magazines, radio, internet, mobile phones, satellite cable and digital
television. Media representations of crime may be repulsive for some while attractive
to others, may be disturbing or exciting while frightening or evoking anger in others
(Greer, 2009).

Crime Representations in Media

1. Crime news- It is a consequence of a complicated amalgamation of selection,

processing and prioritizing processes that emerge through the conversations
between journalists, editors, their working conditions, the wider environment
and news sources like police, politicians, victim organisations or interested
parties. Since crime reporting is expensive and demands effort, the commercial
interests of the parties involved like the news channels or newspaper editors
want to maximise the efficiency and cost effectiveness. In the process, the
authenticity of the crime material gets compromised. Recent times have seen
very few events, criminal or otherwise, as worthy of media attention. For
instance, interpersonal crimes of sex and violence are presented more
dramatically than property and white-collar offences. Crimes become more
“worthy” if they involve famous celebrities or notable people (Rojek, 2001). In
their presentation being visually and linguistically charged, it invokes emotions
of empathy, disdain or shock personally (Greer, 2009). For instance, the
availability of an image or a video footage of the crime decides whether it will
be broadcasted or dropped, giving the crime victim or the offender an iconic
status. With the newspaper having a limited arena or readership and a distance
from the reader, the television or other digital platforms makes the crime much
closer to the consumer. This also is responsible for influencing the content and
nature of crime news reporting (Pollak & Kubrin, 2007).
2. Crime dramas- Crime is believed to be a significant and extremely common
source of entertainment in the media with the popularity of crime and justice
related entertainment knowing no bounds (Callanan & Rosenberger, 2011).
Entertainment crime media is a form of escapism and the television industry
especially glorifies impossible crimes, fights and adventures by people with
extraordinary abilities. New media technologies in addition have made crime
content accessible at the click of a button. Unlimited internet and electronic
gadgets becoming increasingly affordable now makes crime entertainment
content being viewed in remote corners of the world. Many movies and
television series across the world have revolved around the theme of police,
detectives, heist, and gangster stories. Even the love stories especially in the
 Hindi film industry glorify the “don”. By not just taking mainstream actors but
also by justifying the actions of the protagonist who is committing the crime,
they try to evoke the emotion of sympathy, sadness and pity for the criminal.
Whether it be Hindi movies like Dhoom, Gangster, Once upon a time in
Mumbai or Gangs of Wasseypur the popularity of these movies can be easily
gauged from their box office returns in hundreds of crores. Even if one looks at
the West, the most trending and awaited TV series on a popular OTT platform
is Money Heist, a bank robbery-based drama that has become a worldwide
phenomenon amongst youngsters.

Crime in Media as a Social Construction

Media constructs the reality and articulates dominant values of the society to public.
The concept of media hegemony or media bias by Gramsci (1971) refers to the
dominance of a certain way of life and how it is diffused through the public. Media is
believed to privilege the ideologies of the powerful sectors like those in authority and
influential positions as well as major capitalist economic interests (Schlesinger &
Tumber, 1994). Crime in media gets represented socially through:
 bureaucratic decisions that determine which events to report and how to report
them. Thus, no news is “value free” (Jeffres, 1986)
 viewers constructing their own reality in the way they understand and interpret
the news (Weitzer & Kubrin, 2004)

Reasons for Increase in Crime-Based Content The major reasons behind there being a
remarkable increase in crime-based content in the media includes:

 Entertainment crime media is a form of escapism and the television industry

especially glorifies impossible crimes, fights and adventure by people with
extraordinary abilities (Surette & Gardiner-Bess, 2014)
 Increase in voyeurism and entertainment consciousness of audiences with rise
in visual, intrusive and technologically capable media (Surette & Otto, 2002)
 Increase in the number of surveillance cameras showing live crimes
 Crime related content available instantly and globally · More individualised
television viewing experience
 Television being a shared arena and requiring less specialised skill for viewers
to decode events
 Reproduction of dominant political ideology
 Various organizational pressures

Concerns with Crime Media

Apart from the awareness that media generate by reporting crimes and putting the
pressure on the administrative system to tackle it, it raises many concerns as well,
since the accessibility has become easier through internet. The concerns include:

 Impact on jurors through the media trials

 Rise of fear of crime in consumers
 Creation of an image of degraded view of society
 Stimulating crime through ideas than just reporting it
 Availability of options to record content is available such that it can be viewed
subsequently as well as repeatedly as per one’s discretion
 Impact on vulnerable communities like women, people with mental illness and
minorities · Portrayal of police, often in a negative manner
 Stereotyping in terms of images of an “ideal victim” as helpless and innocent
while the “ideal criminal” as lacking essential human qualities
 Distortion of public opinion
 Real life violence as a consequence of media representations of violence
Factors Affecting Cybercrime and Cybersecurity

While parents may experience pride in showing how their toddlers can operate
mobiles and laptops by themselves, this is a predecessor to addiction for gadgets in the
future. The gadgets are increasingly more available to adolescents now and are also
prone to misuse. This could give rise to cyber crime issues too (Padmavathy, 2018).
According to Kshetri (2016), cybercrime and security issues especially in developing
economies like India, can be explained with the help of the following factors: ·

1. Economic and social characteristics of a developing economy- low levels of

income and education lead to poor human development, high unemployment,
high income inequality and weak democratic institutions.
2. Political and economic institutions- Government lacks technological
sophistication, law enforcement manpower and accurate criminal database
3. Culture or informal institutions- cybercrime is not considered a stigma. There is
lack of guilt, remorse and an ethical sense among cybercriminals. Call centres
employees consider it disrespectful to undergo security checks. Password
sharing is a very common practice.
4. Human capital- lack of cybersecurity related manpower and cybersecurity
orientation of Internet users; low demand of cyber specialists and over reliance
on basic security systems like anti virus softwares.
5. Technology- less acceptance of cyber security related technology;
underdeveloped cybersecurity system; low-cost technology; lack of indigenous
technology and patents related to cyber security; computers using crime prone
technologies and low investment in Research and Development.
Victimless crimes
Victimless crimes or crimes against morality refer to illegal acts which are not
aimed at a specific individual. Here, there are no complainants. Victimless
crimes include gambling, administering illegal drugs, prostitution, and the
like which are immoral but do not harm any individual per se. Such crimes
are also known as consensual crimes as the violators here willingly engage in
illegal acts knowing it is against the law. The word consensual crime is
preferred by most over victimless crime as the offenders are said to be
victims in these cases as their acts harm themselves.

Crime against women under special laws

 Immoral Traffic (Prevention) Act, 1956

 Dowry Prohibition Act, 1961
 The Child Marriage Restraint (Amendment) Act, 1979
 Indecent Representation of Women (Prohibition) Act, 1986
 Commission of Sati (Prevention) Act, 1887
 Protection of Women from Domestic Violence Act, 2005

Crime against women under IPC

 Rape (Sec. 376 IPC)

 Kidnapping & Abduction for different purposes (Sec. 363- 373)
 Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
 Torture - both mental and physical (Sec. 498A IPC)
 Molestation (Sec. 354 IPC) o Sexual harassment (Sec. 509 IPC)
 Importation of girls (up to 21 years of age) (Sec. 366B IPC)

HUMAN ORGAN CRIME

Trafficking means a trade which is illegal. Human trafficking is carrying out a trade
on humans. Humans are trafficked for the purpose of sexual slavery, commercial
sexual exploitation, extraction of organs or tissues, forced marriage, forced labor or
domestic servitude. Human trafficking after drugs and the arms trade is the third
largest organized crime across the world.

Human trafficking across the world is mainly done for sexual exploitation where
women and children turn as victims to it. Human trafficking is done for a number of
purposes but sadly in our country the act which exists against human trafficking is
Immoral Trafficking Prevention Act (ITPA) and it only combats against the human
trafficking if it is done for the purpose of sexual exploitation.

So the legal provisions relating to human trafficking as whole must be strengthened in

order to prevent human trafficking in India. Human trafficking leads to violation of
human rights of the individuals and also they are subjected to re-victimization. The
laws for human trafficking must be strengthened that it meets all the requirements for
preventing human trafficking.

What Is Crime?
The term Crime is derived from Latin word crimen meaning offence and also wrong-
doer.
According to Blackstone Crime is an act committed or omitted in violation of
Public Law forbidding or commanding it.
Criminology is the scientific study of crime, including its causes, responses by law
enforcement, and methods of prevention. It is a sub-group of sociology, which is the
scientific study of social behavior.[1]

Reasons For Human Trafficking

There are many reasons for human trafficking. They are determined by political,
economic and cultural factors. Trafficking in persons is according to the doctrine of
supply and demand. Firstly, there are certain factors in the country such as need of
employment, poverty, social conditions, instances of armed or war conflicts lack of
political and economic stability, lack of proper access to education and information
etc. Secondly, in developed and wealthy countries there is demand for inexpensive
products, cheap labour and low priced services.

The organized crime groups have found an opportunity for making huge profits by
connecting the supply and demand that by clubbing the first and the second instances.
These reasons lead to increased migration but a condition of restricted migration due
to numerous policies of the State. People use smuggling channels for human
trafficking exposing themselves to exploitation, deceit, violence and abuse.

Consequences Of Human Trafficking

The victims in the process of trafficking in persons are abused and exploited in certain
conditions which may result in short term and long term minor and severe
psychological and physical attacks, diseases especially sexually transmitted diseases
or HIV viruses. This condition can even lead to the permanent disability and death.
The direct consequences of human trafficking are aggression, depression,
disorientation, alienation and difficulties in concentration. Many studies have shown
that injuries and traumas acquired during the process of trafficking can last for a long
period even after the person has become free from exploitation and this mainly occurs
when the victim is not given with proper care and counsel.

Even the rehabilitation process for the victims cannot be guaranteed for a certain
result. Although the victims are brought out from the physical problems, the trauma
and the psychological problems does not allow the victim to totally recover from the
consequences. Some of the victims find it difficult to adapt to the normal lives that
they previously carried out.

The sad part about the victims of human trafficking is that the rights of the victims are
violated even after they come out from the status of exploitation. In many cases they
face re-victimization. In many of the countries the protection provided to the
trafficked persons is directly conditioned by their willingness to cooperate with the
competent authorities. But these conditional protection is contrary to the full access
and protection of human rights and the use of trafficked persons as an instrument in
the criminal proceedings are not allowed.

Legal Frameworks To Counter Human Trafficking In India

Indian Penal Code 1860:
Interestingly the Indian Penal Code which came into existence in 1860 addresses the
problem of human trafficking in human beings. It is addressed in Section 370 and 370
A of the Indian Penal Code. It prohibited trafficking of women and girls and
prescribed ruthless punishments for the criminals. It lays down that anyone who buys
or sells the person under the age of 18 years for the purpose of prostitution and for
sexual exploitation and for other immoral purposes shall be liable to imprisonment for
up to 10 years and also be liable to fine.

It also recognizes cross border trafficking into prostitution and whoever imports into
India from any country outside India any girl under the age of twenty one years with
the intent that she may be, or knowing it to be likely that she will be, forced or
seduced to illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years and shall also be liable to fine.[3]

Constitution of India, 1949

The Indian Constitution of India prohibits trafficking in persons and guarantees many
of the internationally acknowledged various human rights norms such as the right to
life and personal liberty, the right to equality, right to freedom, the right to
constitutional remedies. The right to be free from exploitation is also assured as one of
the fundamental rights of any person living in India.[4]

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

According to this Act there is no difference between a minor and a child. All the
persons under the age of eighteen years are considered children. A child who is a child
in need of care and protection (National Legal Research Desk 2016).

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989
Many victims of trafficking belong to marginalized groups. Traffickers target only
such area which is backward in social and literacy sense. This gives an additional tool
to safeguard women and young girls belonging to scheduled Caste and scheduled
Tribes and also to create a greater burden on the trafficker or offender to prove his
lack of connivance in the matter.

If the offender has the knowledge that victim belongs to these communities then this
act can be effectively used to counter the offence of trafficking. Section 3 of this act
deals with atrocities committed against people belonging to Scheduled Caste and
Scheduled Tribes. It covers some forms of trafficking such as forced or bonded labors
and sexual exploitation of women. A minimum punishment of ix months is provided
which may extend to five years if the offence is covered under section 3.

Immoral Traffic Prevention Act 1986

The government of India ratified the International Convention for the Suppression of
Immoral Traffic in persons and the exploitation of the Prostitution of others in 1950.
As a consequence of this ratification of the convention the Government of India
passed the Suppression of Immoral Traffic in Women and Girls Act (SITA) in the
year 1956. In the year 1986 the act was further amended and changed which was
known as the Immoral Traffic Prevention Act, 1986 (PITA).

Conclusion
The laws for human trafficking must be strengthened that it meets all the requirements
for preventing human trafficking. People who are in poverty line across the country
must be made aware about human trafficking and its consequences in order to prevent
them from becoming victims. Many national and international seminars and
conferences can be conducted across the country so that the general people and the
government can join hands to prevent human trafficking.

The vulnerable sections of the society must be protected by the Government so that
they don’t fall as victims to human trafficking. The victims of the human trafficking
are only the persons from below poverty line so the offence of human trafficking can
be greatly prevented if the Government helps the poor sections of the society and
provides them with adequate education and employment[5].
HIJACKING

ABSTRACT

The act of illegally capturing an aircraft is known as hijacking. This crime became
more common in the early 1970s and posed a serious threat to civilian populations. As
a result, laws were passed to punish those who committed hijacking and to regulate
society through the establishment of rules and regulations. The Anti-Hijacking Act of
1982 was introduced, which included three chapters and legal provisions. The Anti-
Hijack was also amended and the new act of the Anti-Hijack was introduced on 2016
with exhaustive provisions to it.

Keywords: aircraft, hijacking, convention country, punishment and jurisdiction for

hijacking, extradition.

INTRODUCTION

Hijacking is a crime that appears to be a barter system, but in reality, it is a serious

offense where criminals use the act of hijacking to create anxiety with the government
and demand things that are always against the peace and security of the government.
The act helps the criminals demand what they need from the government by capturing
passengers, and in order to release the passengers who have been captured, the
authorities are supposed to fulfill the demand of the criminals. Due to the rising
number of hijacking occurrences and the risk to aircraft safety, several conventions
and laws were created in order to compensate for this disadvantage and penalize the
hijackers. One such law is the Anti-Hijacking Act of 1982.

BACKGROUND

The Associate in Nursing Act, also known as the Anti-Hijacking Act of 1982, was
passed by the Indian parliament to prohibit the unauthorized seizure of aircraft
registered in the country. It outlines the offenses related to hijacking and provides that
those who commit such an act are subject to imprisonment as well as a fine. The
Hague Convention on Hijacking is a multilateral agreement that was drafted during a
diplomatic conference held in the Hague in December 1970 to deal with aircraft
hijacking more effectively. Member governments of this convention pledge to prohibit
and penalize aircraft hijacking. India was required to ratify this agreement, which
entails a legal duty under public international law to bring criminal charges against
anyone who commits certain kinds of severe violations.

WHAT IS HIJACKING?

The definition of “hijack” at the time of its first usage in 1923 was “to steal by
stopping a vehicle on the highway.” This phrase refers to the illegal seizure of a ship,
aircraft, or land vehicle while it is in motion, along with the forced relocation of the
vehicle against the crew’s preferences. It is without a doubt acknowledged by
international law that both aircraft hijacking and ship hijacking constitute international
crimes. The goal of the hijacking is for the criminals to demand a ransom or some sort
of administrative or political compromise from the targeted government in exchange
for holding passengers or the crew hostage.

SCHEME AND APPLICABILITY OF THE ACT

Act No. 65/1982 was approved by the parliament in the 33rd year of the republic and
went into effect on November 15, 1982. Following formal announcement in the
gazette by the central government, this legislation became operative. The legislation is
applicable to all of India as well as to any offense committed by anybody outside of
India. The Act comprises of three chapters and eleven sections.
 1. Chapter 1 – Preliminary (Sections 1,2)
2. Chapter 2 – Hijacking and connected offences (Sections 3- 6)
3. Chapter 3 – Miscellaneous (Sections 7-11)

HIJACKING AND CONNECTED OFFENCES

According to Section 3 of the act, an individual is considered to have committed a

hijacking offense if they carry out any of the following actions:

By unlawfully seizing the aircraft,

By using force or threat or any other form of intimidating the aircraft,

By controlling the aircraft.

The person whoever commits the above said actions or whoever abets to do such
actions are deemed to have committed such offence of hijacking.

PUNISHMENT FOR HIJACKING

Section 4 of the act stipulates that a person who violates any of the provisions outlined
in Section 3 of the act faces a life sentence in prison and a fine.

PUNISHMENT FOR ACT OF VIOLENCE CONNECTED WITH HIJACKING

According to section 5 of the said act the person whoever commits such offence that is
the act of violence to any of the passengers in the aircraft, or to any crew members in
the aircraft then such person will be held liable for the act of violence which he
committed towards others and will be punished for such committed act of violence.

JURISDICTION

1. According to section 6 of the act If an offence under section 4 or section 5 is

committed outside of India, the offender may be dealt with in relation to the
offence as if it had been done at any location within India where he may be
found, subject to the provisions of sub-section (2).
2. A court cannot recognise an offence punishable under section 4 or section 5
that was committed outside of India unless
3. When such offences were committed on an aircraft that is registered in India.
4. This crime is carried out aboard an aircraft that is temporarily rented without a
crew to a lessee who resides permanently in India or uses the aircraft as his
major place of business in the absence of such a location.
5. The person suspected of committing the act is either an Indian citizen or a
passenger on the aircraft when it lands or is discovered in India.

EXTRADITION

1. According to Section 7 of the Act, the following Sections 4 and 5 offenses will
be considered to have been included as extraditable offences and covered by all
extradition treaties that India has concluded with Convention nations that are
applicable to and enforceable against India as of the Act’s date of
commencement.
 2. Any aircraft registered in a country party to a convention must at all times
throughout the aircraft’s flight be assumed to be within the jurisdiction of that
nation for the purposes of applying the Extradition Act, 1962 (34 of 1962) and
the offences under this Act. whether it is currently under the authority of
another nation or not.

CONTRACTING PARTIES TO THE CONVENTION

Section 8 of the act states that the Hague Convention’s contracting parties and the
extent to which they have used its provisions may be verified by the Central
Government through a notice published in the Official Gazette. and any such notice
will serve as proof conclusive of the information certified in it.

CERTAIN AIRCRAFT TO BE TREATED AS REGISTERED

Section 9 of the act states that if the Central Government determines that an aircraft
satisfies the requirements of Article 5 of the Hague Convention, it may order, by
publication in the Official Gazette, that the aircraft be treated for purposes of this Act
as having its registration in the Convention country that may be indicated in the
notification.

According to Section 10 of the Act, no prosecution for an offence under this Act may
be started unless the Central Government has given its prior approval.

PRESUMPTIONS AS TO OFFENCES UNDER SECTION 4 AND 5T

The following conditions should be satisfied according to Section 10A of the Act in
order to prosecute an offence under Sections 4 and 5.

a. If the weapons, ammunition, or explosives were found in the accused’s

possession and there is cause to think that these or similar weapons,
ammunition, or explosives were used in the commission of the offence; or
b. Provided there is proof of any use of force, threat of force, or other methods of
intimidation directed towards the passengers or crew in connection with the
commission of said offence.

ACTION TAKEN IN GOOD FAITH

Section 11 of the Act states that any person who acts in good faith in pursuance of the
provisions of this act shall not be liable for any suits or legal proceedings. The Central
Government shall not be subject to any lawsuits or other legal actions for any harm
done or anticipated to be caused by anything done in good faith in accordance with
this Act’s provisions.

DOWNSIDE OF THE 1982 ACT

1. The 1982 statute limited the extent of the hijacking offence to the hijacker’s
physical presence within the aircraft.
2. The 1982 Act stipulated that the offence would carry only mild penalties.
When the aircraft doors are closed until every passenger has gotten off, it is
regarded as being “in-service.”
ANTI-HIJACKING ACT 2016

The definition of hijacking has been expanded under the new 2016 Act to include any
effort to take over or seize control of an aircraft using any “technological” methods.
This is wide in that it means that even if hijackers were physically absent from the
aircraft, they would still be charged for attempting to use technology that does not
require their physical presence to hijack an aircraft. The new Act penalizes hijacking
attempts and hoaxes with the death penalty and life in imprisonment. Furthermore, the
new Anti-Hijacking Act would still be in effect if the hijacking occurred outside of
India in an aircraft registered in India or leased to Indians, if the offender was in India,
if they were stateless but lived there, or if the offence was committed against Indians.

CASE LAW

BIRJU KISHORE KUMAR SALLA VS STATE OF GUJARAT

The Honourable Court found Mr. Salla guilty under the Anti-Hijacking Act, 2016
because he left a threatening note in the washroom of a Jet Airways aircraft for his
own peculiar reasons. He believed that by doing so, Jet Airways would be shut down,
and in addition, he believed that his girlfriend would return to him in Mumbai. As a
result, he was found guilty and is currently serving a life sentence in prison. Even
though he didn’t really want to harm anyone or hijack the aircraft, leaving a threat
note qualified as an illegal act, thus he was imprisoned.

HIJACKING OF IC-814

Flight 814 of Indian Airlines was hijacked on December 24, 1999, after takeoff from
Kathmandu, the capital of Nepal. During the next eight days, the aircraft was flown to
different locations in the region, and it was discovered that the hijackers were
members of a terrorist group based in Pakistan that was targeting Kashmir. The goal
of the hijack was to secure the release of the group’s leaders and ideologues, who
were being held captive in India. The crisis came to an end on December 31, 1999,
when hostages were freed in return for three terrorists who were released from Indian
custody.

DOWNSIDE OF THE 2016 ACT

The 2016 Act still has certain issues, despite being a significant improvement over the
1994 amendment to the prior legislation. For example, the definition of “aircraft” in
Section 2(b) of the Act refers to any aircraft, even if it is not registered in India.
Additionally, as customs and police aircraft are similarly vulnerable to hijacking, they
should have ideally fallen under Section 2(b). However, these aircraft are not included
in this exception. The Act also fails to provide punishments for the offender for
making hoax calls.