Criminology DTQ

1. Define Criminology. Mention various causes of crime

Criminology comes from the Latin word Crimen meaning crime or accusation and the Greek word
logos meaning science or study. Thus, criminology is the study of crime. Criminology involves two
aspects – Etiology and Phenomenology. Etiology studies the causes of crime and Phenomenology
studies the various forms of crime.

Causes of crime

Causes of crime can be manifold. The following are some of them

a) Psychological – These causes relate to the psychology of a criminal. For example, those
suffering from uncontrollable impulses, who are unable to stop their compulsive behaviour
like kleptomania or pyromania
b) Sociological – The circumstances around a criminal play a role in the development of a
criminal. Sutherland’s differential association theory for example notes that people commit
crimes because of the social sanction they get from those around them.
c) Unfair distribution of resources – This can take two forms. One is the have nots trying to
achieve the same level of comfort and riches like others and indulging in crime to achieve that.
Merton’s theory regarding crime rests on this theory where he states that some people resort
to crime because their legal means to achieve upward mobility have been blocked. The other
is the rich and powerful themselves committing crimes where they suppress other individuals
or use their clout to commit crimes against others.
d) Poverty – Poverty has many times led to petty crimes and some people start off with stealing
food or goods and later on valuable items to get over financial distress. This can be evidenced
in the rising incidents of chain snatching or phone stealing whenever there is financial
depression in the economy.
e) Lack of education – Without education, it becomes difficult to secure means of livelihood and
advancement. Those who have not been able to study because of lack of facilities or finances
at times end up situations where they resort to crime to sustain themselves.
f) Family atmosphere – Family atmosphere has a huge impact on an individual. In some families
the financial and psychological situation is not good. In some other families, children pick up
from their elders that it is ok to cross certain limits because they see their elders do so.
g) Biological – This theory is no longer used widely. Lombroso was the pioneer of this theory
which stated that some people are born criminals and have certain physical attributes that
make them more prone to becoming criminals.
h) Insanity – Insanity is when a person is not said to have reasonable knowledge of the
consequences of his actions.
i) Multiple causation – Some criminologists believe that crime isn’t caused by one single cause
or event but is an amalgamation of multiple causes.

2. Define i) Organised crime ii) Cyber Crime iii) Penal Couple.

Organised crime – Organised crime can be explained by Merton’s theory of Anomie which says that a
person commits crime when the legitimate methods to attain commonly held societal goals of wealth,
status, and power are blocked. Organised crimes are gangs of criminals who seek to get monopoly
over illegal markets. For example, smuggling of gold during the license raj era was an organised crime.
The organised crime syndicate usually works to subvert not just the law but legal systems of markets
and consumption, thereby harming citizens.

Cyber-crime – Cyber-crime is defined as a crime where computers are either the targets or the tools
of the commission of the crime. Cyber crime involves phishing, hacking, cyber extortion, email scams,
virus attacks to destroy computer systems, illegal online money transfers etc.

Penal couple – Crime usually involves a criminal and a victim. Penal couple talks of the relationship
between criminal and victim and talks of how the victim may have contributed to the commission of
the crime. This theory is now widely disregarded as one that allows for victim blaming.

3. Explain in brief any three Theories of Punishment.

Deterrent theory – this theory focuses on deterring not just the criminal but also others from
committing a crime. As per this theory the punishment should discourage others from committing
similar crimes.

Preventive theory – this theory believes in preventing the crime by incarcerating the criminal or
making it impossible for him to commit the crime. Prison sentences, transportation etc are some of
the measures in this theory. The focus of this theory is on the commission of the offence.

Retributive theory – this theory believes in an eye for an eye and a tooth for a tooth. This was the kind
of punishment practiced in ancient times when people avenged the wrong done by someone to them
personally. Retributive theory has largely been criticised in modern times.

Reformative theory – this theory believes in reforming the criminal and thereby controlling crime. As
per this theory, a criminal can be reintegrated in the society and his criminal tendencies cured by
providing him adequate support during his punishment and making him feel remorse, so he does not
repeat the same thing again. Community service is one of the forms of reformative theory. Manual
labour and vocational training in jails follows this theory.

Compensatory theory – this theory believes that steps need to be taken to help the victim cope with
the aftermath of the crime. It believes in providing monetary support as compensation to the victim.

4. Define Victimology. What is the impact of victimization?

Schafer has defined victimology as the science which studies the relationship between victim and
criminal. The purpose of victimology is to understand the vulnerability of the victim which led to his
victimisation so that preventive measures can be designed against crimes and help the victim recover
from the impact of the crime.

Impact of victimisation

a) Psychological – the aftermath of a crime may leave psychological scars on the victims who
may find it difficult to move on from the incident. They could suffer from post traumatic
disorder and indulge in harmful coping mechanisms.
b) Emotional – victims are often said to change emotionally because of the crime. They may
become fearful or angry and may lash out at those close to them. They may also develop
depression.
 c) Economical – Victims of crimes may lose their earlier financial stability in case of financial
crimes. Even otherwise, victims who find it difficult to cope, may end up losing their jobs or
having to take a less stressful and less paying position to cope. Victims also have to bear with
medical and legal costs in the aftermath of a crime.
d) Social – victims may find themselves isolated in the aftermath of a crime. They may not be
able to connect to sensitive, empathetic people and may find it difficult to communicate
because of the psychological and emotional impact on them. Society has also been seen as
indulging in victim blaming which further isolates a victim.

5. Explain the functions and responsibilities of the Juvenile Justice Board

a) To adjudicate and decide cases regarding juveniles in conflict with law
b) Take cognisance of crimes committed under section 23-28 of Juvenile Justice Act
c) Monitor institutions for juveniles in conflict with law
d) Deal with non-compliance on the part of government departments and officials of voluntary
organisations
e) Direct district authorities and police to provide necessary infrastructure and facilities to
ensure minimum standards of justice are maintained
f) Maintain liaison with Child Welfare committees to tend to needs of the children
g) Liaison with boards of other districts to ensure speedy justice
h) Send quarterly information about juveniles in conflict with law to concerned authorities
i) Grant permission to visit the premises of certain institutions

6. Define i) Juvenile ii) Foster care iii) Heinous offences

Juvenile – is a child who is below 18 years of age. For a child to be termed juvenile, he or she has to
be a minor and has to be alleged to have committed an offence.

Foster care – Foster care is a system wherein children are placed in the care of family units that are
not their biological families as a measure to safeguard them and provide caregiving to them. Foster
care systems are used for children who may themselves be juvenile offenders, children who are
victims of crime or children whose parents are undergoing punishment for crimes.

Heinous offences – Heinous offences are defined as those offences where minimum punishment
under IPC or any other law is 7 years or more.

7. State the duties of Probation Officer.

a) Investigate the circumstance of offence or home environment to help court in deciding the
best way to deal with it
b) Supervising probationers and others under him and if required locating a job for probationer
c) Counselling victims in payment of fees and fines by the court
d) Advice and assistance to people released under section 4 and perform any other task as
required

8. Death Penalty is awarded in which kind of case? Mention various kinds of punishment.
Death penalty is awarded in the rarest of rare kind of case. There are certain crimes as per the IPC and
other laws which prescribe death penalty as punishment. Murder, dacoity, dacoity with murder, rape,
terrorism etc are some of the crimes that attract a death penalty.

Types of punishment

Corporal punishment – This involves caning, whipping etc and was earlier used very widely. However,
most countries have now stopped using this form of punishment.

Transportation – This punishment seeks to extern a criminal from the geographical area in which he
operates. This is aimed at breaking his criminal tendencies and support systems. It has however been
criticised on the grounds that a person if dangerous in one geographical location can be dangerous in
other places too.

Death penalty – This is the highest form of punishment and is used only in the rarest of rare cases.
Crimes where death sentence is awarded are heinous and serious in nature. This punishment believes
in tackling crime by eliminating the criminal himself.

Imprisonment – Imprisonment is one of the most common forms of punishment. Here the person is
sent to prison and thereby the society is protected from crime. Imprisonment can be rigorous or
simple.

Fines – Fines are punishments mostly used in civil wrongs and in some cases of criminal liability too.
Fines can be the only punishment or may accompany other punishments like imprisonment. The
purpose of fines is to make reparations to the victim while imposing a financial deterrent to the
criminal.

Solitary confinement – Solitary confinement is a type of imprisonment where the criminal is kept
isolated in the prison and is not allowed to interact with anyone else. It is an extreme form of
punishment and is known to have psychological impact on the criminal.

Community service – the aim of community service as a punishment is to make the criminal make
reparations to the society or community that has been impacted by the crime and also for the criminal
to realise his mistakes.

9. Write short note on “White Collar Crime”

White collar crime is defined as crime committed by a person of high status in the course of their
profession. This crime is usually associated with more affluent criminals and those that have a higher
social standing. The crime also has to be committed in the course of practising their profession. The
following are some common forms of white-collar crime

Embezzelment – this is when a person misappropriates money from a company or enterprise and
breaks the fiduciary relationship he has with the said enterprise

Medical malpractices – these could take the form of overcharging the patients, conducting
unnecessary or illegal tests, organ donation rackets, practising medicine without proper qualifications
etc

Engineering malpractices – This could relate to using substandard material, overcharging for services,
bribes etc
Political graft – this relates to cases of corruption indulged in by those holding high political positions.
Cases like 2G scam, commonwealth games scam etc are political graft

Legal malpractices – Lawyers may overcharge their clients, subvert justice, give wrong advice to
clients, practice without qualifications etc

Financial defrauding – This could take the form of defrauding banks or defrauding the general public
through false money-making schemes

10. Write short note on “Prison Problems”.

According to Justice Lahoti, prisons have major problems like overcrowding, lack of staff, untrained
and unqualified staff, lack of proper livable conditions. Apart from this, there are problems like
corruption of prison officials which lead to criminal gangs and illegal activities flourishing in the
prisons. Many prison staff also lack understanding of psychology of criminals and the impact of
incarceration on them. Medical facilities are lacking in many prisons and often the health of the
accused is not taken care of as we saw recently in the case of Stan Swamy. Some prison officials believe
in extreme forms of punishment and torture which impacts the physical and mental health of
prisoners. Prisons also have very bureaucratic systems for convicts and accused to meet their family
members which discourages many such visits and further isolates the person imprisoned. The prison
systems have also seen to be lacking in hygienic conditions. The sheer number of prisoners also makes
it difficult to manage them as was seen during the coronavirus pandemic when prisons saw high rates
positive cases. In some prisons, access to proper food is also a problem. Prison staff many times are
unmotivated as prison duty is seen amongst police personnel as not as prestigious a job as crime
solving.

11. Write down important causes of prostitution

a) Trafficking – Trafficking of young girls is a very serious problem. Many young girls are induced
or sometimes even kidnapped from their surroundings and sold into prostitution.
b) Quick money – Some people have known to have indulged in prostitution to earn money
quickly as it does not involve any special skills
c) Poverty – many times families put up their girls for sale into prostitution as they are too poor
and the prostitution market monetises these young girls
d) Lack of education – women who are not educated or couldn’t get educated sometimes find
themselves ending up in prostitution to make ends meet.
e) Sexual deviancy – sexually deviant individuals tend to resort to frequenting brothels to indulge
in their deviancy.
f) Addiction – some women end up indulging in prostitution to fund their alcohol or drug
addictions

12. Explain what is crime syndicate

A crime syndicate is a gang of criminals who indulge in a host of criminal activities in an organised
manner. The crime syndicate has certain codes for its members. It relies on extreme loyalty of its
members. Omerta or secrecy of the operations of the syndicate is to be maintained at all times. The
syndicate demands mutual respect amongst its members.
The Italian mafia is an example of crime syndicate. Crime syndicates try to maintain a monopoly over
their illegal activities and often indulge in violent competition with other syndicates. Drug suppliers,
smugglers, gangs adulterating food products are all examples of crime syndicates. Crime syndicates
operate like multi-tiered organisations where every member is involved in some aspect of the crimes
committed.

13. Write note on Born Criminal Theory

The Born criminal theory was propounded by Lombroso. According to this theory, Lombroso had said
that criminals are born and that they have certain physical attributes which are similar. Lombroso
went on to describe that born criminals look closer to our ancient ancestors. They are characterised
by small forehead, protruding nose and various other attributes that make them appear more like our
distant ancestors. Lombroso himself over the span of his life, wavered from this theory on just how
much these attributes had an impact on criminality. Lombroso’s theory was criticised for being racist.
He was also criticised for focusing too much on the criminal rather than understanding the crime and
its causes.

14. Explain Neo-classical school

The neo-classical school tried to correct the flaws in the classical school. The classical school believed
in the free will theory and believed that all crimes were a rational choice made by the criminal. The
neo-classical school gained popularity because of the classical school’s inability to provide the
explanation for crimes and its disregard for first time offenders. Neo-classical school suggested that
there should be lenient approach towards minors and incompetent people. This theory believed that
to maintain peace and public order violators should be kept away. It also asked for consideration of
circumstances under which a crime was committed. A more humane approach was advocated by this
school of criminology which includes parole, probation, open air prisons etc

15. Explain the following in details (i) Juvenile Justice Board, (ii) Home-guard Police

Juvenile justice board is a board that has been set up for the administration of justice in the case of
juvenile offenders. The board consists of one judicial magistrate of the first class and 2 social workers,
one of whom should be a woman. The Juvenile Justice Board hears cases and prescribes punishment
for juveniles in conflict with law. It takes a more humane approach to criminality amongst juveniles
than a regular court would. (refer to duties of juvenile justice board in answer given above)

Home guard police – Home guard police is a parallel civilian force that was set up to help the main
police force in maintaining order. Post-independence the need was felt to have an additional force
that would help the regular police force in its tasks. Home guards help maintain peace during tense
times and also help in natural calamities and other emergencies when the police needs more people
on the ground. Home guards also help in guarding institutions and government assets.

16. .Explain in detail (i) Prison System in U.S.A., (ii) Cause of Juvenile Delinquency

US prison systems
The medieval period in the US saw a lot of malpractices during imprisonment and there were no norms
that were followed uniformly across prisons. In 1862, the Penn’s charter made the case for some
reforms. As per this charter, following reforms were suggested

a) Provision of bail to prisoners

b) Compensation to be given to those who were wrongfully imprisoned
c) Prisoners should be allowed food and stay of their choice to a certain extent
d) Public punishments must be avoided

This charter brought out some humane changes in the prison system in the US. Prisoners under the
US system were divided into incorrigible and ordinary criminals capable of reformation. The earliest
prison system was the Pennsylvanian system that believed in keeping prisoners in solitary
confinement in their rooms at night and give them work during the day time which was also done
solitarily. The prisoners were subjected to religious discourses to help reform them and very few
people were allowed to visit them. This system eventually gave way to the Auburn system which kept
prisoners in solitary confinement at night but allowed them to congregate at another place for work
in the day. They were however not allowed to speak to each other at all. The Elmira reformatory
system was the first US system to bring in reforms like parole, probation and open prisons. The Illinois
Prison in 1933 led to the major reforms in the prison system of the US. The prison rooms were airy
and larger. Solitary confinement was abolished and provisions were made for recreation of inmates.

Cause of juvenile delinquency

a) Poverty
b) Lack of education/educational facilities
c) Family atmosphere
d) Social atmosphere
e) Psychological problems
f) Peer pressure
g) Immaturity

17. Explain in detail the multiple theory of crime causation

Proponents of the multiple theory of crime causation believe in taking a holistic approach to figuring
out the causes of crime. They do not believe that there is only one cause to crime. For example, just
psychological cause or poverty may not be the cause of crime. This theory goes on to say that crime is
caused by the presence of multiple circumstances that cause it. The study of Gleucks elaborated on 5-
point causation

A) Physical – they are assertive, talk loudly are aggressive

B) Mental – delinquents are restless in nature
C) Attitudinal – they are adventurous non-conforming, suspicious
D) Psychological – they are mentally disturbed and in a state of confusion
E) Socio-cultural – they are not socially active and are more of a recluse denouncing the world

18. X, from India, instigates a foreigner in Japan to commit murder in Japan - (i) Is X guilty of any
crime? (ii) What is Admiralty Jurisdiction?
As per section 108 A of the IPC, X is guilty of abetment, this section deals with abetment in India of a
crime committed abroad. Admiralty jurisdiction is the jurisdiction which deals with commission of
crimes at sea on Indian ships or on board Indian aircrafts. The IPC will have jurisdiction in such cases.
(Note, this example is from the illustration in the Act itself, however, the act uses Goa instead of Japan
because during British rule, Goa was still part of Portuguese territory)

19. What are two important elements of a crime?

The two important elements of crime are – Mens rea and Actus reus

Actus reus means the commission or omission which constitutes the offence. It is an act which has
been held unlawful by the law of the land. For something to be considered a crime, there has to be a
law which makes such commission or omission a criminal wrong.

Mens rea in simple words means guilty mind. It means that to constitute an offence, the commission
or omission must be accompanied by a criminal mind. There has to be a motive and intention to
commit a crime and steps should have been taken in the furtherance of such motive. Mere
commission or omission without a guilty mind does not constitute an offence.

20. What are the main causes of white-collar crime?

There could be several causes of white-collar crimes which are basically crimes committed by people
with high respectability and status in the course of their profession.

a) Greed
b) Opportunity
c) Ambition
d) Complex and ambiguous laws
e) Lack of public awareness

21. Explain the Lombroso’s theory of Criminology.

(refer above to the question on born criminals) Apart from the born criminals, Lombroso also gave 2
more types of classifications of criminals

Insane criminals – who commit crimes under the influence of paralysis, dementia, pellagra, alcoholism
etc

Criminaloid – who commit cries due to the existence of certain circumstances or situations or by one
who has tendency to commit crime to overcome one’s inferiority complex

22. On what ground Parole can be given?

Parole is granted to a prisoner on account of serious illness of a close family member, death of a family
member, an accident of a family member, marriage of a family member, delivery of child by prisoner’s
wife, serious damage to life or property of a family member due to natural calamity. However, certain
prisoners convicted for terrorism, multiple murders, are a threat to national security etc may not get
parole. The following points are to be kept in mind while granting parole

a) Careful selection and scrutiny of prisoners. Only those inmates should be selected for parole
who have promising personality and reflect that they shall not become victims of recidivism.
b) Placement in proper surroundings
c) Careful follow up with co-operation from the parolee is essential
d) Parole board should comprise of intelligent people who are not personally affected by
outcome of parole system.
e) Parole officers should be appropriately trained
f) Discharge of parolees should entirely be in the hands of parole board

23. Write on any two kinds of punishments.

Refer to answer above

24. Write about Borstal system in India (typo in QB, the marathi version of the question has the
correct word)

A borstal is a correctional institution for long term reform of juveniles in conflict with law. The name
is derived from Borstal village in England where this system originated.

Borstal schools in India have been established under the Borstal Schools and reformatory Act. These
schools provide educational and vocational training to young offenders. When they are released from
here, if necessary, an officer supervises their life outside. The children can be released on bonds for
good behaviour or even without security. There are a number of Borstal schools in India. States like
Gujarat Maharashtra and Tamilnadu have a large number of well managed Borstal schools.

25. Write about any two reasons of crime.

Refer to answer on causation of crime above

26. What are the rights of prisoners?

a) A prisoner in jail is not devoid of his fundamental rights, though it is true that some of those
rights may be restricted
b) As per the prison rules the prisoner has the right to a livable accommodation
c) He also has the right to be paid reasonable wages for the work he does while in prison
d) Human rights of the prisoners must be protected at all costs
e) Prisoners have the right to adequate medical care
f) They have the right to not be tortured
g) They have the right to access to their defence, albeit subject to meeting timings
h) They have the right to decent food and clothing

27. What is positive impact of reformative theory of punishment?

Reformative theory aims at reforming the criminal and making him into a law abiding citizen. This
theory believes that crime can be reduced and eliminated by reforming the criminal and that such
reformation has a long lasting impact and will prevent recidivism. The theory looks at the psychological
and other aspects which led to the crime and then aims to correct those in the criminal while also
providing him support in the form of vocational and educational training during incarceration, which
will help him reintegrate in the society on his release. This will stop him going back to a life of crime
again.

28. Explain the role of Probation officer

Refer to answer above

29. What is Penology?

Penology means the study of punishment and prison management systems. This is a branch of
criminology that deals with aftermath of the crime and its consequences for the criminal. Penology
through its study of forms of punishment and theories helps in evolving a punishment system that is
commensurate to the crime and also helps protect interests of the society. The ultimate aim of
penology is to ensure that criminality be reduced through its deterrent mechanism and reforms.
Prison management systems are studied to understand the efficacy of the punishment, the impact of
punishment on the criminal and his tendencies and for the better management of prisons.

30. What is Atavism theory of crime?

Refer to born criminal theory

31. D was found guilty of an offence of rash and negligent driving on a public way. He was
punished by magistrate and as a part of punishment he was asked to do community service
at old age home. What type of punishment has been given to D? Explain the Theory?

This is reformative punishment. For explanation please refer to answer above.

32. Highlight the Objective of the International Criminal Police Organisation?

The main aim of the International criminal police organisation or the INTERPOL is to prevent and fight
international crimes with the help of cross border police co-operation. Regardless of the diplomatic
relations between the countries, INTERPOL aims to facilitate international police co-operation taking
into account the spirit of Universal Declaration of Human Rights and by prohibiting any intervention
or activities of a political, military, religious or racial character.

33. What is segregation unit of British Prison?

The segregation unit in a British prison - when prisoners violate the rules or behave in an undisciplined
manner, their privileges are curtailed and they are kept in segregation units denying them the free
interaction with other prisoners.

34. A boy of 10 years of age was found begging on the road and was in company of bad people.
when is Social auditing substituted under Juvenile Justice? Comment cite relevant case

A 10-year-old boy found begging will be classified as a neglected child and a child in need of care and
protection. The people forcing him to beg will be liable to punishment up to 3 years under the juvenile
justice act. As per Section 36 of the Juvenile Justice Act the Central Government or State Government
may monitor and evaluate the functioning of the Children’s homes at such period and through such
persons and institutions as may be specified by that Government. Amrita Ahluwalia v Union of India.

35. Two accused were sentenced to life imprisonment. They were 25 years of age and where were
well behaved in prison. When does the prison without bar nullified to inmates? State
advantages?

Prison without bar is nullified to inmates when the person is not adequately punished for his crimes.
Regular offenders need to be treated much more stringently. The main advantage of open prison
system is that it requires less security and prevents over crowding in regular prisons. It also gives the
criminal a chance at maintaining his dignity which helps him in reintegrating better when he gets
released. The open prisons are for those who have shown good conduct and a willingness to reform.
This also helps in speeding up the process of reform. Open prisons are cost effective as they do not
need large security apparatus and personnel.

36. Who is a juvenile delinquent? State two causes of juvenile delinquency.

Answered above

37. State any three causes of sex delinquency.

a) Inability to control biological urges – this is one of the prime reasons for sexual delinquency.
The person is not able to control their sexual impulses and therefore indulge in unhealthy
ways to cope with it
b) Urbanisation and neglect of children – with rapid urbanisation and parents being busy,
children are neglected and they gain their knowledge about sex through unhealthy means.
This leads to delinquency
c) Intoxicants – lot of sex crimes are committed under the influence of intoxicants
d) Incompatibility with spouse

38. State any three duties of police

a) Deal with crime and criminals – they should investigate criminals and offenders should be
tried on the basis of evidence so gathered
b) Police have to keep a watch on ordinary citizens also to prevent them from committing crimes
by patrolling, and reducing crimes on the streets
c) Police are expected to curb immoral activities and help in smooth functioning of the society,
like control crowds, help in disaster management etc
d) The police may also be entrusted with the task of management of traffic on the roads

39. Write note on prison reform in India.

Justice V R Krishna Iyer’s bench has emphasised the need for reorientation of the outlook towards
prisoners. He further said that barbaric treatment of a prisoners only becomes counterproductive in
the long run. All custodial deaths are to be reported within 24 hours of the occurrence. The law
commission has given proper and adequate directives to reduce custodial torture and violence. A state
human rights cell is established in all states to act sensitise police personnel. India as a signatory to
the Universal Declaration of Human Rights aims to foster preservation of human life everywhere.
Prison reform committees are set up from time to time question the efficacy of the system. Prisons
also need to deal with overcrowding, low morale of prison officials and poor reform programmes.

40. What is kleptomania

Kleptomania is an uncontrollable urge to steal. This is usually found in people whose home lives were
deficient somehow. But there have also been cases of affluent people indulging in what is known as
compulsive shoplifting. Kleptomania is a compulsive behaviour and is a mental disorder. The person
suffering from this disorder cannot help themselves but steal small objects from places they go to.
These could be spoons, china, jewellery, clothing items. Kleptomaniacs do not usually plan their
crimes, they mostly do it on impulse when the opportunity presents itself.

41. Explain any three causes of corruption.

a) Complex procedural requirements – Where the procedure for any government process or
approval is complex and requires various levels of clearances, it becomes amenable to
corruption. In such cases, the person seeking the permission wants to get his work done soon
and agrees to pay a bribe
b) Greed – One of the major reasons of corruption is greed of the government employee who
indulges in it. Several times it has been pointed out that most government employees find
their salaries and perks less compared to their counterparts in private organisations and so
they start indulging in corruption to lead an opulent life.
c) Lack of stringent punishment – corruption cases take forever to be proven in a court of law
and in most cases they are not even reported to the authorities as the bribe givers and victims
are afraid of the clout of the government official or politician involved. This encourages more
public servants to indulge in corruption

42. Explain any three ways to curb prostitution

a) Strict action against human trafficking – human trafficking is the cause of many young girls
ending up being sold in the flesh trade. A proper mechanism to curb the menace and strict
punishment for offenders will prove a deterrent.
b) Patrolling and surveillance – Patrolling, surveillance and raids can be increased in areas known
to be places of solicitation. This will discourage such activities.
c) Vocational training and rehabilitation of prostitutes – women who have once been caught in
the web of prostitution must be rescued and they should be given means to rehabilitate
themselves in society

43. What is observation home?

Juveniles who only need a short term custody during trial are kept in Observation Homes. Observation
homes are for juveniles awaiting trial or for those waiting to be sent to a Borstal school or Home post
conviction. Observation homes are either established by the state government or an NGO certified by
the state government.
 44. Explain organised crimes.

Answered above

45. Give two distinction between parole and probation

a) Probation is granted to offenders who are released into the community under supervision,
instead of being imprisoned. But parole is a temporary release for prisoners and comes with
conditions to be followed by the prisoner during that period.

b) In India, probation is governed by the Code of Criminal Procedure and the Probation of
Offenders Act. But we cannot find a uniform and concrete set of rules and regulations for
parole. Though it is recognized under the Prisons Act and Prisoners Act, the state
governments are authorized to issue their own parole guidelines, causing variation in parole
guidelines across the nation.
c) Probation refers to the judgement given by the court to convicts. Meanwhile, parole is just
an arrangement of the temporary release of prisoners.
d) Probation is an alternative form of penalty granted instead of imprisonment, but parole is
granted during imprisonment. Parole is not an alternative to imprisonment.
e) Probation is pronounced by the court. Probation is judicial in nature. Parole in India is
usually decided by the Deputy Secretary of the Home Ministry of the State or by the District
Magistrate. Parole is mostly quasi-judicial in nature.
f) Probation is granted before the convict undergoes imprisonment and parole is granted after
the prisoner undergoes a minimum period of imprisonment.
g) Probation is not granted to offenders who have been imprisoned or convicted before. Parole
is granted to offenders undergoing imprisonment.

46. What is the concept of open prisons?

Answered above

47. What is the role of Interpol?

Answered above

48. State three causes of juvenile delinquency.

Answered above

49. Write a short note on women police.

The first women police batallion was formed on 26 th September 2010. The women in the batallion
were given special training including subjects of commandoes and paramilitary forces. Women police
stations and women police squads have been formed at many places to check crimes against women
and children. The special squads like the Nirbhaya squad conduct regular patrolling to check street
crime. Women police officials have been proven to have helped in making the police force a more
diverse and gender sensitive force. Officers like Kiran Bedi have been credited with prison reforms and
bringing a humane perspective to prison management. Women police officials have occupied high
positions in many states and not just in administrative posts but even as heads of investigative
departments. Women police officials have also been of help in sensitively handling cases related to
sexual crimes against women and children.

50. Write three points on pros and cons of capital punishment

Pros

Cost effective – as the government doesn’t have to spend on the upkeep of the criminal in prison

Ideal for heinous crimes – offenders who commit heinous crimes and are a threat to the society if let
out loose can be dealt with capital punishment so that they do not endanger society anymore

Deterrence – this puts fear of punishment in other criminals

Cons

Irreversible – death penalty once given cannot be reversed so it has to be very awarded very carefully

Mistake in conviction – if there is a mistake in conviction and the person has been executed there is
no way to make any reparation

Limited deterrence – it hasn’t resulted in eliminating similar crimes

51. Explain irresistible impulse as a case of crime.

The Irresistible Impulse Test was first adopted by the Alabama Supreme Court in the 1887 case
of Parsons v. State. The Alabama court stated that even though the defendant could tell right from
wrong, he was subject to "the duress of such mental disease [that] he had ... lost the power to choose
between right and wrong" and that "his free agency was at the time destroyed," and thus, "the alleged
crime was so connected with such mental disease, in the relation of cause and effect, as to have been
the product of it solely.” In jurisdictions that use or incorporate the Irresistible Impulse Test as criminal
defense, defendants typically must present sufficient evidence to prove:

1. The existence of mental illness; and

2. That the mental illness caused the inability to control one's actions or conform one's
conduct to the law.

52. Enlist Multiple Factors of Theory of crimes.

Answered above

53. Enlist and explain in a nutshell - schools of criminology.

a) Pre-classical school – This school of criminology considered crime as a personal matter
between offender and victim. The punishment for crimes was barbaric and retributive justice
and vendetta was allowed.
b) Classical school – The classical school believed in the free will theory and believed that the
criminal has the freedom to do anything. The theory believes criminals are governed by self
interest
c) Neo-classical school – This theory suggested that a more lenient approach should be adopted
towards insane minors and even incompetent people.
 d) Positive school – Lombroso, Enrico Ferri and Garofalo are the prominent thinkers of this
theory. This theory attempted to give a correlation between physiological traits and
criminality. Enrico Ferri also considered the anthropological reasons.
e) Sociological school – this school of criminology believes crimes are inter related with social
factors like religion, employment, political ideologies etc
f) New conflict theories – this theory treats law as representing the values of a society
g) Economic theory – This theory states that poverty is the reason for commission of crime
h) Multiple causation theory – this theory believes there cannot be a single cause to a crime, it
is caused by multiple reasons

54. Why it is difficult to prove White Collar Criminality in India?

a) Lack of trained officials – law enforcement officials need to be properly trained in the subject
matter of crime. If they are not, then it becomes very difficult to prove white collar crime
b) Influence and clout of the criminal – in cases like political graft and corruption the politicians
and government officials have considerable influence and are able to tamper with evidence
c) Lack of co-ordination among departments – this sometimes leads to white collar criminals
taking advantage of loopholes and escaping punishment
d) Jurisdiction – many white-collar criminals leave the country and then it becomes difficult to
bring them to book

55. Explain - ‘Criminology is a not a Science in strict sense’.

Criminology is not a hard science like physics or biology, in the sense that conclusions drawn in biology
or physics etc are largely uniform and unchanging. But theories in criminology are not that universal
or finite in their application. Criminology does have the aspects of science like verifiable observations
and studies. The observations are made by experienced researchers who are experts in the field.
Criminology in that sense is like a social science. Hypothesis is made based on these detailed studies.

56. Explain ‘A. R. Antulay v. R. S. Nayak.

A.R. Antulay, the petitioner, was the Chief Minister of Maharashtra since June 1980. On September 1,
1981, a member of the Bharatiya Janata Party approached the Governor of Maharashtra under Section
197 of the Criminal Procedure Code, 1973 and Section 6 of the Prevention of Corruption Act, 1947,
requesting the approval to bring a suit against the minister. R. S. Nayak, the respondent, also filed a
complaint to the Additional Metropolitan Magistrate, Bombay against the appellant and others for
offenses under Section 161, 165, 384, and 420 read with Sections 109 and 120 B of the Indian Penal
Code, 1860 and Section 5 of the Prevention of the Corruption Act, 1947. The Magistrate did not accept
the notice without the approval for prosecution. A revision was filed in the Bombay High Court. The
allegations against A. R. Antulay regarding abuse of power and after the judgment released by the
Bombay High Court led to him resigning his position as Chief Minister of Maharashtra in 1982.

The entire case lingered on for eight long years from 9th June 1980 to 29th April 1988 wherein the
resourceful and manipulative litigant resorted to the strategy of delay and petition applications to
court raising hyper-technical issues. Commenting on the findings of the case Professor Upendra Baxi
wrote, although he did not intend to "attribute any improper motive to the Supreme Court Judges",
he would surmise that the "political complexion of the case could not have been distant from the
judicial mind". The case amply demonstrates how resourceful litigant can frustrate a litigation for
corruption against him and how he can benefit from rigid technicalities of the court procedure.

57. Malpractices in Educational field.

Malpractices in the educational field can take many forms. One of the most common malpractices is
seeking donations for admission. It is a rampant menace which keeps poor students from accessing
education. Another malpractice relates to corruption in issuing certificates and degrees. Officials of
schools and universities sometimes collude with students desirous of getting degrees without having
studied the course. In some cases, it has also been seen that exam question papers are leaked by
either those involved in printing it or those involved in the distribution. Another malpractice relates
to teachers identifying vulnerable students and convincing their parents to send those students to
tuitions held by the same teachers outside school. In some cases, colleges and schools function
without due recognition of any board or university and dupe students in the name of studies. Some
educational institutions indulge in hidden costs in their fee structure to get more money out of parents
or arbitrarily increase fees.

58. Tenets of ‘Organised Crime’.

Answered earlier

59. Write a note on history of Prison Reforms in India

Macualay’s Minute laid the foundation of prison reforms in India. A prison reform committee was
formed after its publication which submitted its report in 1838. The prisons act was passed in 1861,
laying down the foundations of the prison management system in the country. In 1957 the
government established the all india jail manual committee which submitted its report in 1960. The
Justice Mulla committee report of 1983, gave various suggestions for reforms of prison and welfare of
prisoners. The Justice Krishna Iyer committee of 1987 also had a prisoner welfare centric bent. Other
than this, key judgements in various cases have highlighted the need for prison reform from time to
time. State governments do make changes to their jail manuals and parole rules from time to time to
modernise and keep up with the times.

60.Give the categories of criminals enlisted by Enrico Ferri?

a) Insane criminals – they commit crimes due to congenital and mental problems
b) Born criminals – inspired by Lombroso, Ferri also categorised offenders into born category
c) Habitual criminals – they are influenced by social and physical environments
d) Criminals by passion – they are involved in crimes due to impulsive behaviour like jealousy,
anger, inferiority complex
e) Occasional criminals – they are tempted by the situation or opportunity available

61. What are the social re-integration mechanism for delinquent juveniles?
As per section 40 of the JJ Act, rehabilitation and social reintegration of a child shall begin during the
stay of the child in a children’s home or special home. Alternatively, this can be carried out by
a) Adoption – this is for children who are orphaned, abandoned or surrendered through such
mechanism as may be prescribed.
b) Foster care – here the child may be placed in another family for a short or extended period
where the child’s own parent may visit regularly
c) Sponsorship – here supplementary support is provided to families, children, homes and
special homes to meet medical, nutritional educational and other needs of children
d) Sending child to an after care organisation – the state government may establish after care
organisations to support children after they leave observation homes or other such places

62. What is the difference between Retributive and ReformativeTheory of Punishment?

a) Retributive theory believes in avenging the criminal whereas reformative theory believes in
hating the sin and not the sinner.
b) Retributive theory is only concerned with the immediate criminal and not the society at large,
reformative theory is concerned with the impact of punishment on the society at large
 c) Retributive theory is not concerned with elimination of crime, it only focuses on the criminal.
Reformative theory is concerned with elimination of crime by transforming criminal into law
abiding citizen
d) Retributive justice can often be violent and aggressive. Reformative theory believes in social
reintegration of the criminal.

63. Explain the McNaughton's rules for ascertaining criminal liability.

M’Naughton suffered from paranoia and believed everyone including the prime minister was his
enemy. He decided to kill the prime minister but instead killed the prime minister’s secretary. He was
acquitted on the grounds of insanity. Following were the rules cited for the ground of insanity
a) Everyone is presumed sane until the contrary is proved
b) A person can resort to this defence when he is incapable of knowing the nature and quality of
his act or the knowledge of what is right or wrong
c) If a man commits a criminal act under insanity, he is under the same degree of responsibility
as he would have been if he had imagined the facts.

64. What is the difference between Classical School and Positive School of Criminology?
a) The Classical School of Criminology is premised on the theory that people have free will in
formulating decisions, and that punishment is capable of deterring crime, so long as it is
carried out without delay and is appropriate and in proportion to the crime committed.
Positive school of thought presumes that criminal behavior is caused by social and
psychological factors that make some individuals more inclined towards criminality than
others. In other words, people are inherently good, but as a consequence of their background
and environment, they eventually become socially bad.
b) Classical School believes that when humans commit a criminal act, the act is assumed to
have been done of their own free will. Positivist School discards the perspective of Classical
School that all crimes resulted from a choice after careful assessment of the advantages and
disadvantages.
c) Classical school believed in deterrent and definite punishment for each offence and equal
punishment for all criminals committing same offence. Positive advocated treatment method for
criminals instead of punishment and held that criminal be punished according to to the gravity of
his crime but according to the circumstance associated with it.
d) Classical school focused greater attention on crime, namely, the act rather than the criminal.
Positive school laid greater emphasis of the offender rather than his criminal act.