Namita Law Series

3 Model Test Papers with Solutions

As per
University's
New Paper Pattern

Criminolo gy
 WITH SOLUTIONS

AS PER UNIVERSITY'S NEW PAPER PATTERN

CRIMINOLOGY
By
H.K. More,
M.A., L.L.B.,
Advocate, High Court

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 2 Crimmo/ogy

CO NT EN TS

C R IM IN O LO G Y

NO 1. ........ . 3
M OD EL TE ST PAPER
NO 2 ....... ... 31
M OD EL TE ST PAPER
NO 3 .......... 56
M OD EL TE ST PAPER

m ay be copi ed, repr

oduced,
pa rt of th is wo rk
© AH rig ht s re se rv ed . Notranslated, stored in an y re t r ieva l system,
ad ap te d, ab rid ge d
or
ic or ot he r sy st em or tra ns m itt ed in an y
ot og ra ph optical,
co rn pu te r sy stem , ph he r el ec tro ni c, m ec ha ni ca l, di gi ta l,
wh et ion of th e
fo rm by an y m eans wi th ou t a pr io r wr itt en pe rm iss
he rw is e en ta il
ph ot og ra ph ic or ot w Se rie s, M um bai. An y brea ch wi ll
m ita La
co p f rig ht ho ld ers, Na n wi th ou t fu rth er notic
e.
t,o n an d pros ec ut io
lega ac
it, sh al l
ec t to th e co nd itio n th at it, or an y pa rt of
TI11s bo ok is so ld su bj , be so ld , len t, re
-sold, displayed,
de or ot he rw ise itt en
no t by wa y of tra la te d, wi th ou t th e publishers' pr io r wr
is e cir cu in wh ich it
ad ve rti sed or ot he rw in g, co ve r or title ot he r th an th at
of bi nd in g
consent, in an y fo rm ila r co nd iti on inc lu di ng th is co nd iti on be
ou t a si m these
fs pubf1she d an d wi th nt pu rc ha se r(s ).A ny breach of an y of
bs eq ue t fu rth er
im po se d on th e su il civ il an d cr im in al action wi th ou
ll en ta
ng ht s or cond1t1ons wi

nouoe.
omission, th is
ha s be en m ad e to avoid an y m is ta ke or ith er
VJnile ev er y ef fo rt th e co nd itio n an d un de rs ta nd in g th at ne
ld on y m an ne r
pubf,catlon 1s be in g so ers or pr in te rs wo ul d be lia bl e In an
bl ish pu bl ica tio n or
th e au th or no r tl ,e pu y ist ak e or om iss io n in th is
as on of an m
to an y person by re itt ed to be ta ke n or advice re nd er ed
or
n or om
fo r an y ac tio n ta ke
of t his wo rk .
ac ce pt ed on the ba sis

( 1001--
Namlto tow Sctic.,«J 3 Crimino logy

MODEL TES T PAP ER I

Q1. Answer the following in one or two sentence: (2 Marks Each)

a) What are the three remedial measures for prevention of white collar
crimes ? (Oct 09)
A. The three remedial measu res for preven tion of white collar crimes
are
causing public awareness, constitution of special tribunals, drastic
pur. shments, white collar crime be made specifi c offence under IPC, heavy
fines be imposed on white collar crimina ls and constitution of national crime
commission.

b) What do you mean by prevention of crime? (Oct 09)

A. The term 'prevention' means 'to reduce' or 'to obstruct'. Whene ver an action
is taken to obstruc t the commi ssion of a crime, it is known as a step for the
prevention of crimes. The crime preven tion include s the following things -
a) Causing changes for the living condition and the atmosphere of the criminals;
b) Effective Control on the criminals;
c) Other suitable steps necess ary for the preven tion of crimes.

ct What do you mean by Free Will Theory? (May 11, Nov 11)
A. According to this school, man is free to choose betwee n right and wrong
conduct and such right and wrong conduc t is based on the calculation of
pleasure and pain. This school of crimino logy believed that man commi ts
cnme out of his free will.

d) What are the causes of Juvenile delinquency? (Oct 09, Nov 10, June 19)
A. Juvenile delinquency is an act prohib ited by law for children upto a
P~escnbed age limit. Juveni le delinqu ent therefo re, is a child found to have
committed an act of juvenil e delinqu ency by a Court. The causes of juvenil e
delinquency are -
(I) Adolescence instability;
(Ii) Uncongenial home:
(Ill) Associational impact·
(Iv) Sex indulgence: '
(v) Movie·
(vi) Fallur~ u, the school life
(vu) Poverty; and '
(VIII) hreslst1ble Impulse.
Na mit a Law Scries<D 4 Criminology

ment under fPC. (Nov 12, No v 14,

e) State the different kinds of punish
June 19, Nov 19)
tal punishment or death penalty, ii)
life
pi_
A. :un i_s hm ent un~ ~r !PC .are- i) Ca
ent, 111) imp riso nm ent (rigorous
and simple), iv) forfeiture of
1mprrsonm
pro per ty and v) fine.

poi nts to distinguish betwe en sin and crime. (May 09, May/Nov
f) Giv e two
10, Ma y 12) ed
Sin are - the violation of law is call
A. D st1nction s bet we en Cri me and
t or religion is sin; the commission of
cnme, wh ile violati on of code of conduc while commission of sin
courts,
a crim e ren der s a person punishable by thecrime is a related with society,
inv olv es the fea r of pun ish me nt by God; , while
e is determined on the basis of law
wh ile sin is rela ted with soul; crim is
of social values; punishment or fine
a sin s determ ine d on the basis the
excused if a person repents for it;
nec ess ary for crim e but sin can be nat ure
varies from time to time, while the
nat ure of crime is variable which ct
itional form; the effect of crime is dire
of sin har dly change s due to its trad is sin
is not always evitable; every crime
and evitable, while the effe ct of sin ly or
a wrongful act done unintentional
but eve ry sin is not a crime;
ing ly is not sin ; wh ile act don e unknowingly or carelessly which are
unk now
p~ohibited by law, are crime.
18)
g) Define prison. (Nov 09, Nov 12, Dec
ch is used under the general or specific
A. Prison me ans a place or area whi ion of
the temporary or permanent detent
ord er of the State Government, for
se persons convicted by a court. The
prisoners or for the confinement of tho
gs used for this purpose.
term prison includes all lands and buildin

What is political graft? (May/Nov 12,

Nov 14, June/Dec 19)
h) e of
nng ele ctio ns to the Lok Sab ha, Assem bly and oth er local bodies , som
A. Du booth
con tes ting can did ates res ort to illegal practices viz. rigging,
the
king the assistance /help/s upp ort of
the
capturm g and oth er violent acts by see
the ir poht1cal gains. Such utilisation
of
notorious crim ina ls to acc om plis h
notorious cnmlnals by politicians is
called political graft.

reasons wh y capital pun ish ment Is necessary In lndla.

I) State any two
(Nov DB, Nov 12)
ion is fair retribution and saves pot
ential
A. (1) Elimination of murderers by execut
future victims
of offence and worst crimes should
(11) Punishments must ,:natch the gra vity
be severely
against crime. Dea th sen tence serves
(Ill) Societies must establish deteffents
as a good deterrent
 Crlmlr1olo(J'I

j) What do you und ers tan d by nogloctod Juv

onllo? (No v 14, Juno 19)
A Neglected 1uvernle mm.ms n chil d und or noo c,r
10, who doo ~ not ha ,c pate r t
and no one is willing to tako caro of or who
se par ents havr; :JbandOOPd h m
or who ,s missing and run- awa y child and
who se parent& tan not be foun d
after reasonable inquiry.

Q2. Write short notes on-

a) Lombroso's Born Criminals. (May 08, Nov

11, May 12, May 13, May 14,
Nov 16, May/Nov 17, Dec 18, Jun e 19)
A. Lombros o 1s too often refe rred to as
pion eer of the positive sd1cxA of ft.a
School of Criminology. He was an Itali an
psy chia trist vmo was a p ~n
the Army Afte r an extensive stud y of phy sica
l charactenstics of nis pa +~
who were criminals, he cam e to a defi nite
condusion tha t cruruna ve e
persons with peculiar characteristics . He
noti ced that thes e afm ma! s sha red
the same physical features suc h as bum py
face , bro ad nos e broa d fae nea d
wnnkles of forehead, fles hy lips, sca nty bea rd,
tong arm s ard pdn ted f;nger
etc he called such infe rior bein g as the ·ao
configuration by birth. Bor n crim inal des cen
m Cnm na • due to ttlis pt r~
ded from a Qegeflefaf..e fal"cit/ w.::i
frequent causes of insanity, dea fnes s, syp hilis
, eptl eps y and ~ ~
its parents and anc esto rs.

Bom Cnm tnal s mea ns those crim inal s who

com.11 cron e ~ a= 1
without provocation or instigation or with
out ccm pe mg ~ aw:
cond tions and arc um stances Such crim
maf s are 001! sca ed
P n hment and repeat the r crunes The
~ a"1d ~ set
cnm n s mak es them com m cnm e

b) Cap tat Pun lshm enL (No voa . Ma y 09, Now

15 Nov 17, Jun e/D ec 18, Jun e 19)
09, Ma y 1z
M ,nlow' 12. No ,
"' .,_.__ t atso kncNm as :he death Delllilll!Y·
a person rs pll • a
seu n:e oro em g
a dea lt serw wce ..... ...I.ca&
• .,, ewec W l A - - - =- r
•• ra
AA: ..,
--ar,ft- •
t
Plillll
ca s u 1•
"'"" I ·• t ..
C W 'f I - W
a tis , 11 d
Iv# p D 11 I t. Sb I t - - ·
.., a II a II S i
•·
--• • ta -----■ alllll 1 •C I IP L Ill- I -2 f
Na mit a Low Series© 6 Criminology

robbery, an d kidnapping.
rldwide
nts ag ain st Capital Pu nishment- There has been a wo
Argume
ce. Some jurist's argue-
mo ve to abolish death senten ect to all. For
s not served its deterrent obj
(i) Th at ca pit al punishment ha is abolished
.A. wh ere the de ath pe na lty
U.S
Ex am ple - In certain state of capita/
few se rio us cri me the n in those, other states where
the re are
pu nis hm en t is retained. beings and not
im es are com mit ted eve ry often not by normal human uld
en certain that a murderer wo
(ii) Cr
cir cu ms tan ce s. It is no t ev
un de r no rm al
rep ea t the mu rde r again. r law of
He nti ng say s tha t no righ t thinking person can claim that ou
(Hi) Pr of. ays lead us
cedure are full pro of and alw
ev ide nc e an d the law of pro such
the tru th. It is po ssi ble tha t there are judicial errors and in
ine vit ab ly to cuted, it
ca pita l pu nis hm en t on ce aw arded and once the person exe
ca se s
ca nn ot be revoked. execution of an alleged murde
rer,
ve be en cas es wh ere aft er
Th us the re ha edied. It is
e mu rde rer is cau ght . No w the mischief cannot be rem
the tru t than inflict
ore , be tte r to sav e nin e mu rderers from capital punishmen
theref
nt.
it on on e wh o ma y be in fact innoce
d some
nts in fav ou r of Ca pit al Punishment- On the other han
Argume
jur ist s arg ue - le but who are
at the re are som e off en ders who are not only incorrigib
(i) Th
ero us to the soc iety , and the re is no reason why the society
immensely dang
ining such people.
sh ou ld be bu rde ne d with mainta revenge
t pu nis hm en t by state is a substitute for private
(ii) u is to be no ted tha
h death, it is quite possible tha
t other
mu rde rer is no t pu nis he d wit
and ~fa a chain of
s of the vic tim mig ht mu rde r the mu rde rer an d thus
relati ve
mu rde r mi gh t se t in, po we rs of
man emotions are powerful, the
Thus, it is clear that so long as hu kind of
pital pu nis hm en t is a necessary
vengeance prevail an d as such ca
punishment. en t serves
d that although capital pu nis hm
Concf uslon - It can fairly ba sai ere there are
arded only in those cases wh
some purposes but it must be aw
aggravating circumstances.

tltutlonal? - In Bachan Singh V. State of

Is Capital Punishment Uncons
ath pe na lty for murder provided
Punjab, AIR 1980 the constitutionality of de .,
d the sen ten cing pro ced ure embodied in S. 354 (3) Cr. P.C
uls 302 I.P .C. an
ge d in the Su preme Court, on the ground that they are
1973 was challen of the
of the Constitution . The majority
violative of Anicles 14, 19 and 21 rnative
ns titution Be nch he ld tha t provisions of death penalty as alte
Co
Namita Law Series © 7 Crimin ology

punishment for murder and also the sentencing pro~ed~re in Section 354(3
)
do not violat e Articl es 14, 19 and 21 of the Const1tut1on .

c) Parole. (May 12, May 14, Nov 14, Nov 15, May 17, Nov 17)
A. Parole is the conditional release of a person convicted of a crime prior
to the
expiration of that person's term of imprisonment, subject to both
the
supervision of the correctional authorities during the remainder of the
term
and a resumption of the imprisonment upon violation of the condit
ions
imposed. Parole is the early supervised release of a prison inmate.
It is
usually regulated by statutes, and these provisions vary from state to
state.
Parole boards created by statute possess the authority to release prison
ers
from incarceration. Parolees have no constitutional right to representati
on in
parole hearings and parole revocation hearings, but many states provid
e
representation to impoverished inmates and parolees in such hearings.

Parole is used for several reasons. It is less expensive to supervise a parole

e
than to incarcerate a prisoner. A person on parole has an opportunity
to
contribute to society. At the same time, society still receives some protec
tion
because the parolee is supervised and can be revoked for the most minor
of
transgressions. Parole is also a method of rehabilitation, because it
gives
convicts supervision and guidance during their re-entry into society.

Parole Board (Dec 18)- Although parole laws vary from state to state,
there
are some common practices. In many states, the governor is charged
with
appointing a parole board. The duties of the board are to study the
case
histories of persons eligible for parole, deliberate on the record , condu
ct
hearings, grant parole, craft the conditions for parole, issue warrants
for
persons charged with violation of parole, conduct revocation hearings,
and
grant final discharge to parolees. For lesser offenses, the determination
of
eligibility for parole is often left to the parole board. Parole will be ordere
d only
if it serves the best interests of society. Parole is not considered to be
a
method of reducing sentences or awarding a pardon. For more seriou
s
?ffenses, most states limit the discretion of the parole board . Parole statut
es
in these states generally identify a specified period of impris
onment that must
be served before a prison er is eligible for parole .

d) Interp ol. (May 10, Nov 10, Nov 12, Nov 14, May 17, June/ Dec 18,
June 19)
A. !he Intern ational Criminal Police Organization (Interpol)
is an
intergovernmental organisation facilitating international police cooperation
. _It
was establ ished as the International Criminal Police Commission (ICPC
1923 and adopted its telegraphic ) in
address as its common name in 1956. The
?rganization's headquarters is in Lyon, France. It is the second
largest
intergovernmental organization after the United Nations by member states
. In
Na mit a Law Series© 8 Criminology

neu tra l role as .

pol itic ally
ord er , to ~a int ain as
und ert ake any interventions or acti::if::ible,
lnt~~pol s c~~st1tution_for bid s it to rk foc use s prim aril
0
~~
reh g1~ us, or ra~ ial nat ure . Its wo
poh t!ca l, m1 hta ry, !nit
zed . crime, crim es against hum
pu b_ltc saf ety , .ter ror ism , ?rg arn works ~f
•.~~ me nta l crim e, g~n oc1 de, wa r crimes, piracy, illicit traffic in
env smuggling hum
dru g pro duc tion , dru g trafficking, we apo ns
art, 1lhc1t c~mpu~~
ld pornography, white-collar crime,
t~f fick rng , mo ne y laundering~ chi
and corruption .
cnm e, inte llec tua l pro per ty crim e
make
ol diff ers fro m mo st law -en for cem ent agencies - agents do not
Int erp ls are
fes ts the ms elv es, and the re is no sin gle Interpol jail where crimina
al'i the law-
en . Th e ag en cy fun ctio ns as an administrative liaison between
tak nications
mb er countries, providing commu
enf orc em ent age nci es of the me
se ass ista nce . Th is is vita l when fighting interhational crime
an d dat aba lt
lan gua ge, cul tur al and bur eau cratic differences can make it difficu
be cau se
rk together.
for off ice rs of diff ere nt nat ion s to wo
intain
e trends around the world. They ma
Int erp ol can tra ck crim ina ls and crim lists of wanted persons, DN A
of fing erp rint s and mu g sho ts,
col lec tion s
and tra vel doc um ent s. In the event of an international disaster,
sam ple s team.
rpol can send an incident response
ter ror ist att ack or assassination, Inte ist with
ertise and database access to ass
iih is tea m can off er a ran ge of exp
ntif ica tion , sus pec t ide ntif ica tion and the dissemination of
v:ictim ,de
orcement agencies.
info rm atio n to oth er nat ion s' law enf
Nov 12, Nov 17)
e) Ind ete rm ina te sen ten ce. (Nov 08, on of
to be noted that the ref orm ati
A. Ind ete rm ina te Se nte nc e - It is sen ten ces we re det erm ina te
co uld no t be po ssi ble if the
pri so ne rs of
ter m of imp riso nm ent fixe d and definite. Th e sys tem
an d the h the
rm ina te sen ten ce wa s, the ref ore , reg ard ed qui te con sis ten t wit
md ete the
1nd1v1dualisation. Un der this sys tem
req uir em en ts of the pri nci ple of for a
m and a ma xim um sen ten ce
pe na l cod e pre scr ibe s a min imu Prison
fici ent sco pe for the dis cre tion of
pa rtic ula r off enc e thus lea vin g suf
rel eas e the off end er on par ole if he rea cte d fav ora bly to
Bo ard to
me tho ds of the pri son . Ac cor din g to Sa nfo rd Ba tes , "Ap art
tr:eatment e
the md uce me nt to go od be ha vio r in pri son s suc h as go od tim
fro m ten ce
s, etc ., 1f be st res ult s are to be obt ain ed fro m the pri son sen
law flex ible
d the en sui ng par ole per iod , the dat e of rel eas e mu st be a
an
on e"
nt of
ug h ffex 1b1 1ity , in pu nis hm en t car rie s wit h it an ele me
Alt ho if the
ert ain ty and a con seq uen tial inc rease in the potential of dis par ity but
unc cre tion
riti es ma ke rig ht use of the dis
Pn son Bo ard s an d Pa rol e Au tho
Namita Law Series© 9 Criminology

regarding the release of inmate after he completes the minimum

sentence prescribed in his case there is no reason why the scheme
should fail. Some penologists argue that it is a misnomer to call such a
sentence as indeterminate, particularly when the minimum and the
maximum limits are set out under the law. In their opinion it ought to be
called as 'indefinite sentence'. But it is d_ifficult to agree with this view
because the word 'indefinite' carries with it an impression that the
sentence is to continue for an inordinately longer period which is certainly
not the object of indeterminate sentence. The term indeterminate
sentence, therefore, seems to be fitting and appropriate. It must be noted
that rehabilitation is the prime object of sentencing, process so far
juvenile and young offenders are concerned . The system of
indeterminate sentence first began as an agency of correctional method
for the young offenders so that they could be released earlier if they
responded favorably to the rehabilitative processes during the period of
custody and control in the institution. The maximum limit of confinement in
their case could be the age of attaining majority. The pre-mature release
secured under indeterminate sentence could be with or without parole
depending on the requireme nt of the institutiona l 'after care· of the
inmate concerned .

The main object of indetermin ate sentence is to inculcate hope rather

than fear in the mind of inmate undergoing imprisonment. It also makes the
inmate realize that his future lies in his own hands and he could secure
an early release from the institution if he showed interest and sincerity in
work and labour allotted to him. The greatest advantage of indeterminate
sentence lies in the fact that it is aimed at correcting the inmate rather
than ill treating him.

Distinguish Parole and Indetermin ate sentence (Nov 17}- Parole is closely
linked with the system of indeterminate sentence under which instead of
being compelled to serve a definite term of sentence, the offender lS
sentenced to a minimum and a maximum period of sentence and after he has
finished the minimum term, usually one-third of the maximum prescribed, he
is set at liberty with or without conditions It therefore. followS that the system
of paiole cannot function successfully without having indetermina te sentence
Indeterminate sentence carries with it an element of uncertamty about the
exact period of sentence which in itself is a great pumshmen t to the offender.
while on the other hand, the system of parole serves a kind of pre-cntimation
to the parolee that he is nearing his final discharge. This does not howeYer
mean that these two systems are ldentacal Indeterminate sentence cames
Namita Law Series@ 10 Criminology

ce which in
h it_ an ele me nt of un ce rta int y ab ou t the exact period of senten
~t the
gre at pu nis hm en t to
_ the off ender; while on the other hand,
its elf ts a that he is
m o: pa rol e se rve s a kin d of pre-intimation to the parolee
sysh~
ne an ng his final discharge.

ct 09, Ma y 12, Nov 14)

f) Correctio_nal ins titu tio ns . (O Home is an
Ju ne 19, No v 19)- Observation
~b ~e rva t,o n Ho me s (M ay 17,
A.
wh ere ne gle cte d an d de linq ue nt juveniles are kept for a few weeks
ins t1tut1on, ice or
ing de cis ion of the cas es. Children are brought by the pol
or pe nd vation
tio n off ice rs or pa ren ts vol untarily admit them. The Obser
pro ba inmates.
me ha s to be pla ce for cha ng ing attitudes and behaviour of the
Ho
suc h as Ob ser vat ion Ho me s, Juvenile Home, Special Home ,
Th e institutions
Sc ho ols an d Bo rst als are me ant to eliminate prison sentence to
Re for ma tor y ding
an d ad ole sce nts un de r a pa rticular age limit. The juveniles nee
children tion is
a sho rt-t erm cus tod y are ke pt in an observation Home. This institu
on ly person about
under trial children and young
als o used for the custody of aw aiting trials or removal to an
is be ing ma de or wh o are
wh om inq uiry
appropriate Home or Borstal.
les for whom
the treatment of neglected juveni
There are Juvenile Homes for long term
tive care is necessary but a
a short term regulatory protec t
tra inin g is ne ces sar y. Th e reform of 'care order' has no
res ide nti al ich still
the con tra dic tor y app roa che s of welfare and punishment wh
resolved her than
sts . Th e em pha sis in this ins titution is on strict discipline rat
persi to sever
has, however, been subjected
constructive training The system es in recent
rmous increase in juvenile cnm
criticism in Britain due to eno
years.
May 16, Nov 17, Dec 18) - Th
e Juvenile
ial Ho me s (M ay 12, No v 13,
Sp ec custody of
ting up Special Homes for the
Justice Act also provides for set h as accommodation, medical care,
en iles . Ba sic am en itie s suc
delmquent juv se
and voc atio nal tra inin g are ava ilable to delinquent juveniles in the
education intained
s. Th ese ho me s are est abl ish ed by State Government and ma
Home
with voluntary organisations.
either by itself or under an agreement by

(No v 15, No v 17, No v 18 )- Under Section 34 of JJ Act of

Children's home d
ho me s are est abl ish ed by State Government and maintaine
2000, these
lf or un de r an ag ree me nt by with voluntary organisations, in
either by itse and
trict or group of dis tric ts for the reception of child in need of care
every dis ent
during the pen den cy of any inquiry and for their care, treatm
protection '
rehabilitation.
education, training, development and
'Vi"' .,,fto Low Sern:~ © 11 Crimino logy

Shelter Homos (Nov 16. Nov 19)- Under Section 37 of JJ Act of 2000 ,
Shelter Homes function as drop-in-centres for the children in the need of
urgent support who have been brought to such homes .

certified Schools - The Certified Schools are a modified form of the

nineteenth-century Reformatories or Industrial Schools for homeless, destitute
and delinquent children. These Schools are now run under the State tutelage
for catering to the needs of delinquent children of different age, sex and
religion. The purpose of these approved Schools is to provide training to those
juveniles who are unfit for release or probation. The Schools are open -
11,svtutions where young offenders are educated and trained for normal living.
The duration of stay and training in a Certified School varies according to
inmate's requirement depending on the discretion of the School Administrator.
This normally ranges from a minimum of six months to a maximum of three
years. In practice majority of inmates are released much earlier.

Some people criticize the working of these institutions on the ground that
they are far more comfortable than even the homes of the delinquents. But it
must not be forgotten that the loss of liberty in these Schools is in itself a
heavy punishment. On the whole, more than two-thirds of the inmates return to
normal life after their release from the institution. These schools provide
training facilities for inmate s to make them proficient in different trades so
that they can engage thems elves in some useful occupation.

Borstals - A "Borstal" is yet another correctional institution for the long term
treatment of juvenile offenders. The term Borstal owes its origin to Borstal
village in England where Roche ster Prison was first converted into a
reformatory for boys in 1902. The Prevention of Crime Act, 1908, expressly
prohibited the lodging of young delinquents between sixteen and twenty-one
years in ordinary prisons and directed that they should be sent to the Borstal
instead. It was due to strenuous efforts of Sir Alexander Paterson, that a few
~or~ Borstals were opened in England in subseq uent years. These
mstitu tions provid e for adequ ate educa tional and vocati onal trainin g to
young offend ers who are comm itted by the juveni le courts . After release
from the Borstal, which may be either absolute or conditional, the offender is
placed under the supervision of an officer appointed by the court, if
necessary. Variou s State laws also provide for the release of juvenile
~ffenders on a bond or security for good behav iour with or without sureties. At
times, the parents or the guardi ans are ordere d to pay fines if their child who
was released on bond repeats the offence.
Namita Law Series© 12 Criminology

al problem-
Q3 . So lve the fol low ing sit uat ion
of
t 25 years, ove r powered by excess
a) A yo un g ph ila nd ere r ag ed ab ou t. The
x ~tr ess , rap ed a 2~ ye a~ old girl, a ne igh bo ur in broad day ligh
se ent
fou r years of rigorous imprisonm
Se ssi on s Co urt convicted him to
i} Is thi s jus tifi ed ? al
d. Under Section 376 of Indian Pen
A. Th e pun ish me nt given is not justifie used
woman who is not the wife of the acc
Co de the pun ish me nt for rape of a 7
is rigorous imprisonment for minimum
and is not bel ow twelve years of age and
term which may extend to ten years
yea rs or life imprisonment or for a
shall also be liable to pay fine.
e?
ii) Do es the offence committed is rap he
a man is said to commit rape when
A. According to Section 375 (ii) of IPC e
t her consent. Hence, the offence is rap
has intercourse with a woman withou
in this case.

vic t in Ce ntr al Jai l is forced to do work without remuneration.

b) A con ?
n he cla im equ al pay for equ al work by filing a petition in the Court
i) Ca imum
Th e prisoners too can earn their
fair wages as prescribed by the Min
A. ded
would otherwise tantamount to bon
Wages Act, 1948, since the same
atin g the pro vis ion s of Art icle 14 and 21 of the Indian Constitut .
ion
labour neg
its purposes?
ii)What is prison labour and what are ed. To
Pri son Lab or- Wit h the inc rea sin g crime rate, the jails are overcrowd
A. tax-
roductive people at the cost of the
pr;ov1de basic facilities to such unp
So, the concept of prison labour was
payers was found to be unjustified.
for util iza tion of pris one r's lab our for roadwork and to intmduce
suggested
wage system.
line,
to infuse discipline and self-discip
Purposes of prison labour are g to
l health, to acquire specialized trainin
preservation of physical and menta iod
to society, to utilize the sentence per
earn their livelihood when they return the
mitigate ngorous monotony and for
in a useful and purposeful manner to
ishment.
realization of punitive value of the pun
to fife imp riso nm en t. They were 25
c) Two accused persons were sentence
ha bitu al off en de rs and were well
years of age and the y were no t
behaved wh ile In pri son . (No v 10)
?
I) Can the y be sen t to an open pri son
be sen t to the ope n prison. The Supreme Court in Dharambir v.
A. Yes, they can
. dire cte d the Sta te Go ver nm ent to send two young accused
St_ate of U.P
wh o we re in the ir ear ly twe ntie s to one of the open prisons in U.P.
pusoners
~amrro ta" Senes© 13

w thou\ adhenng to the tedm icaht ies of Law.

Open Priso ns (May 17, Nov 1!, June 18~- Open pnsor-.s are
toose pnsoo:s
where a person's move ment 1s not restricted wrJl bars. locks
wc!:s a:-d
banicades. The rues of these pnso ns are less string ent as
c:ompa:.i-eo ""u tne
rues of the other prisons. For this reason. they are ~ kncM
n as open a::r
camps, air camps, priso ns witho ut bars or mmtmum seccm
y p.i'"'ISG".i-- ibes e
promote one of the majo r princ iples of prn:ishment kno~-n as
the ' R e i . ~
Theory' where instea d sever ely punishlllQ the ~
an oppo€tll-:r, s
providea to refonn ones elf and get mto the main strea m life.

The main chara cteris tics of open priso ns are (Nov 08> May
13, May 14,
Nov 14):
1} informal and institutional living in small group s with minim
um mea....'i..rre ci
rustody.
2) E.oSforts to promote consciousness amon g inma tes
abou t the:r ~
responsibilities.
3) Aaeouate facilities for traini ng inma tes in agric utture
and ~ ~a:e a
OCOJpations.
~) Gremer opportunities for inma tes to meet their relati \ies and friend
they can solve their dome stic probl ems by mutu al cfiscuS&on.
s so t~a:

li) Enumerate the advantages and disad vanta ges of an open

priso n {Nov
oa. Ma.y 17, Nov 17).
A. Advantages:
(1) They help in reductng overcrowding in jails.
(2) Construction cost is fairly reduc ed.
( 3) Operation cost of open priso ns is far less than the endo sed pnso
ns
Disadvantages: It is seen sever al times that the harde ned cnm
na\s who
have led a very notor ious hfe and have alway s exhib ited antt--soaal
beha-..10r
resort lo the open priso ns so that they can still enjoy the
freed om 800
continue to violate the laws Such miscr eants do not ever
inten d to reform
lhemselves It 1s obse rved that such peop le have their own
gangs act\Vely
operating 1n the pnso n and a d1ctatonat mle is estab lished by
their leadef- lbe
closed pnson s are mean t for the hard core cnmm als whale open
pnsons can
be a httle lenient to the first time offen ders
4
Q . Answer the following In brief .

a) What d
(N ° you underatand by crtm lnolo gy? Explain Its nature and scop
ov 12• May 14, Nov 16, May 17, June 11) a,
Namita Low Seriese>

A. :~~:i~?
14 Criminology

~~~~m:~ology - In its broader perspective, Criminology means the

'
. , e causes of tile crime and the crime problems
pre~enllon of the crime and the _effects of punishment on criminal;~~
society and the tr~atment of the criminals Ineffective treatment of juveniles
and adults both _,s also a reason for criminal behavior The punishment
and the reformative patterns have the effects on the criminal's and society
both.
Definition of Criminology - The various criminologists have defined the
term 'criminology' as under:
According to Sellin, "A study of law making, law breaking and reactions to Jaw
1} breaking from the point of view of efficiency of the law as a method of control
is a useful objective of criminology."
According to Sutherland, "Criminology is the body of knowledge regarding
2) 'cnme as social phenomenon.' It includes within its scope the processes of
making laws, of breaking laws and of reacting towards the breaking of laws."

Thus, it is clear that Sutherland and Sellin have defined the criminology in its
rrow sense as they have ignored the modern chrncal methods and the
~~titutions like those of probation, parole, indeterminate sentence, open
prison camps and other correctional measures which are the outcome of
· · ological researches conducted dunng the century. Recently, the
cnmin t th t ,,. d. ·d 1· t· f
minoJogists and penologists seem o agree a m 1v1 ua 1za 10n o
:~ offender should be the object of punishment while treatment methods,
the means to attain this end".
Tue principles of criminology therefore are to be formulated in such a manner
so as to work as guidelines for the formulation of penal policy. The
purpose of the study of criminology should be to analyze different
aspects of cnme and devise effective measures for the treatment of
criminals to rehabilitate them in the society as good citizens. The study of
cnme and criminal, therefore, must proceed on a scientific basis by
analyzing the various aspects systematically related to the matters of crime
and cnmrnal and must suggest the measures to prevent the criminality
effectively. Modern Criminology cannot avoid the study and research
relating to the treatment of offenders if it is really interested in the study of
crime pro~lem. _The su~jec_t of criminology_, therefore, has a practical utility
because ,ts ultunate atm 1s to prevent crime and bring about the welfare
of the community as a whole. Criminology appears to be involved In all
the sciences which deal with man and his social organization in order to
protect the society against crimes and criminals.
Namrto taw Senese 15 Criminolog y

In short ,t can be said that Criminolo gy is that branch of science which

deals with the Crime, criminals and the punishment or treatment of the
cnmmals.

Scopi! and Area of the Study of Criminology - The scope and area of the
study of criminolo gy are as under-
1) Ttle reporting of law violation s, clearanc e by arrest, criminal
identification (including operation of crime laboratories), and the improvement
of measures to record crime, arrest criminals , and identify violators.
2) A comparat ive study of criminal law in various countries as related to
social, economic and political systems, with appropriate attention to
transit=ons in developin g countries and to the system of traditiona l
sarictions in tribal societies .
3) The specification of demogra phic character istics of juvenile and adult
o'ienders at points in the legal process (usually at the point of arrest or at the
point of admissio n to a penal or correctio nal institutio n) where it is
ooss:b e to record age, nativity, ethnic group, marital status, occupatio n,
educaFonal level, place of offence, place of residence , etc. Such
reg.stratlon of populatio n characte ristics enables specialis ts such as
sooologis ts to compute:
a) The categoric risks for getting involved in crime and delinquency.
b) The area and regional distribution of offences and residence of offenders .
4) rne formulation. testing and revision of hypothesis or theories which attempts
to e~ta 'n crimes and delinque ncy in general or particular pattern of
offence or criminal activity in particular.
5) The identifica tion and descripti on of basic compone nts of the
behaviours which are legally as criminal and delinquent in various countries
of the world, leading to classifica tion which approxim ates the kinds of
classifications natural scientists have made. The same procedure should be
followed in regard to orders or systems of criminal behaviou r such as
dacoity in India, smugglin g, piracy, traffic in women and girls, traffic in
narcotic drugs racketee ring in the United States, etc.
6
) The study of recidivism and habitual criminals and the identification of the
first offenders , recidivist s, hard-cor e offender s, including offenders with
character disorders and mental disturban ces who relapse into delinquen cy
and cnme
?)
:tt•
l1he st~dy and control of problems of deviancy which have a close connection
cnme. such as abnormal sex offenders, prostitution, suicides, narcotic
rug addiction , chronic alcoholis m, addictive , gambling , begging,
vagabondage.
B) ~e study and implementation of law enforcem ent and the operation of
pecial laws such as habitual offender laws and abnormal sex offender laws.
Namita Law Series© 16 Criminology

9) The study of effectiveness of measures of treatment and rehabilitation of

offenders, by penal and correctional institutions, probation, and after care
service (parole), including the study of impact of detention while awaiting
trial or disposition.
10) The evaluation and operation of programs for the prevention of delinquency
and cnme.

The concern of criminology in the matters stated above has a theoretical

and practical utility. But even today there are writers who make a distinction
between criminology, the science of crime, and penology; the study of penal
systems. Criminology interested in measures to deal with crime and criminal
cannot be indifferent to the treatment and rehabilitation of the offender as
reformed characters. The study of penal measures tell the criminologist a
great deal about the causes of crime just as the explanations or criminal
behavior determine the measures for dealing with delinquents. Thus, the two
sister branches of criminal science - the criminology and penology should
move hand in hand for appreciating the problem of criminality in its proper
perspective.

According to Garofalo, uThe aim of criminology ought to be equally that of

cnmmal law. Before we can speak of reforming criminals, we must first
consider whether criminals as a class or as individuals are susceptible of
reformation, and examine the means necessary to effect such reformation.
And 1f we would speak of securing society against criminal attack, we must
begin by ascertaining whether there are punishments capable of disarming
the criminal and determining in what manner these are to be employed. To
save theory from useless labour it must be preceded by experience.·

b) Explain the schools of Criminology. (Nov 08, Oct 09, May 09, Nov 09,
Apiil 10, Aprll 11, Nov 11, May 12, May 17, June/Dec 18, June 19)
A. Meaning of School of Crlmlnology - Explaining the meaning of criminology
Sutherland points out that it connotes the system of thought which consists of
an integrated theory of causation of cnme and of policies of control implied in
the theory of causation. The adherents of each school try to explain the
causation of crime and criminal behaviour in their own way relying on the
theory propounded by the exponent of that particular school. Thus, each
school of criminology .explains crime in its own manner and suggests
punishment and preventive measures to suit its ideology. It must be stated that
each of U1e schools represent the social attitude of people towards crime and
cnmlnal in a given time.
N ta low Scnes<O 17 Cr1mmology

Various Schools of Criminology- The different schools of criminology are

as under-
1) Pre-Classical School or Demonological Theory (May 14) - This is one of
the oldest theory of the causes of crimes. The period of 17th and 18th century
m Europe was dominated by the views of Saint Thomas Acquinas. The
dominance of religion in State activities was the chief characteristic of that
time. In political sphere thinkers such as Hobbs and Locke were
concentrating on social-contract as the basis of social evolution. The
concept of Divine right of king advocating supremacy of monarch was held in
g..eat esteem. As scientific knowledge was yet unknown the concept of crime
v,,as rather vague and obscure. There was a general belief that man by nature
s simple and his actions are controlled by some super power It was
generally believed that a man commits crime due to the influence of some
external spirit called 'demon' or 'devil'. Thus, an offender commits a wrongful
act not because of his free will but due to the influence of some super power.

Criticism - It is to be noted that no attempt was, however, made to probe into

the real causes of crime. This demonological theory of criminality propounded
by the exponents of pre-classical school acknowledged the omnipotence of
spirit-which they regarded as a great power. They considered crime and
criminals as an evidence of the fact that the individual was possessed of devil,
Or demon and the cure for which was testimony of the effectiveness of the
Spint. Worships, sacrifices and ordeal by water and fire were usually prescribed
lo spoofy the spirit and relieve the victim from its evil influence. Trial by battle
was common mode of deciding the fate of criminals. The right of society to
punish the offender was, however, well recognised . The offender was
regarded as an innately depraved person who could be cured only by torture
and pain. The evolution of criminal law was yet at a rudimentary stage
Hobbes suggested that fear of punishment at the hands of monarch was a
6 ~cient deterrent for the members of early society to keep them away from
sinful acts which were synonymous to crimes.
2) lihe Ctasslcal School or Free WIii Theory (May 14, Nov 14) - Dunng the
middle of eighteenth century Beccaria, the pioneer of modem cri,:nlnology
expounded his naturalistic theory of criminality by rejecting the omnipotence
of spirit. He laid greater emphasis on mental phenomenon of the individual
and attnbuted crime to 'free will' of the individual. Thus, he was much
Influenced by the utihtartan philosophy of his time which placed reliance ~n
Hedonism, namely, the "Pain and Pleasure Theory". As Donald Taft puts it,
1h16 doctrine implied the notion of causation in terms of free choi~ to co,:nmlt
cnme by rational man seeking pleasure and avoiding pain. The main prmaples
of classical school of criminology are as under -
N am ita La w Series© 18
Cr1mm°""h
i) th ·
m th e State involved 8 application of his reason as a
M an 's em er ge nc e frol.
re sp on si bl e individua s the b
in di vi du al an d no t his intent which form as,s to,
ii) ' t is th_e. ac t of an in him .
in al ity
de te rm in in g th e crim ltcijon d
pt ed pu ni sh m en t as a principal method of inf
iii) Th ~ cl as si ~I _w rit er s a~ce his beha
'fear' in man to control
pa in , hum1llat1on an
d di sg ra ce
ho
to
ol ,
cr ea
ho
te
we ver, considered prev
ention 0,vi~
th is sc
iv} Th e pr op ou nd er s ofth e pu ni sh m en t for it.
m or e important than or te d the right of the Stat
e to punish
l sc h_ oo l su pp
v) Th e ad vo :a te s
?f cl as si ca tic principle
of pu bl ic se cu rit y. Relying on the Hedonis
of fe n? er s in th e in te
re st was to be the
re , th ey po in te d ou t that individualisation
of pa in an d pl ea su r wo rd s m ea ns th at punishment was to be
is in ot he
basis of pu ni sh m en t. Th pl ea su re de riv ed by th e criminal from the crime
view th e for
aw ar de d ke ep in g in
th e vic tim fro m it. They, however, pleaded
ed to
an d th e pa in ca us
ich m ea nt eq ua l pu nis hment for same offence.
wh that the criminal la w
eq ua lis at io n of justice ol fu rth er be lieve d
of cla ss ica l scho ainst the use of arbitrary
v1) Th e ex po ne nt s nc tio ns . Th ey we re ag
sitive sa ctJy
primanly rests on po
op ini on th e Jl: 'dg es sh ould limit t~eir verdids stn
eir
powers of judges. In th ey al so ab ho rre d torturous punishments
la w. Th
wi th in th e co nf in es 0f
for
cla ss ica l sc ho ol su ggested certain ideals
en t that s. The
Criticism - It is ev id ice . Ne ve rth ele ss , it had its own defect
inal, ju st ab~trad
ad m in is tra tio n of crim / sc ho ol wa s that it pro~eeded o~ an
th e cla ss ic~
maJor sh or tc om in g of lie d s~ lel y on the_a~t (1.e. the ~n
me) w r~ ut
d re
pr es um pt io n of free
wi ll an
te of m ind of th e cri m inal. It erred In prescnbIng
the sta n first
devoting any attention to of fe nc e th us m ak ing no distinction be tw ee
eq ua l pu ni sh m en t fo
r same ment of this
cr im in al s. Ho we ve r, the greatest achieve y
of fe nd er s and ha bi tu
al
ct th at it su gg es te d a substantial criminal polic
s in the fa tra ry
school of criminology lie r wi th ou t re so rt to the imposition of ar bi
which was easy to ad
ministe the earlier
th e cr ed it of Be cc aria who denounced d
pu ni sh m en t It go es
to re lig io us fa lla cie s an
ich we re ba se d on
criminals wh concentrating on the
concepts of crime and on th e ne ed fo r
myths and sh ift ed
emphasis hment.
offend er in or de r to de termine his guilt and punis
persornallty of an
16,
ay /N ov 10 , M ay 12 , May/Nov 13, Nov
ho ol (M nents of
3) Neo-cfassfcaf Sc ne 19 ) • It wa s so on realtzed that the expo
May/Nov 11, De c 18,
Ju individual
d in th ei r ap pr oa ch in ignoring the
re
classi cal school faulte ns an d tre at ing fir st offenders an d the
in sItuatIo
d1fferences ur1der certa ila rit y of ac t or cr im e. The neo-classists
e basis of sim rs, idiots, insane or
habituals alike on th of fe nd er s su ch as m ino
gones of
asserted that certain cate len ien tly irr es pe ct ive of sim ila rit y of th
eir
treated
incompetent had to be es e pe rson s we re incap able of appreciating
cause th ion of neo-classists
cnm inal act It was so be on g. Th e m ain contribut
nght and wr
the difference between
 HJ

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whl h .,,ould bl duly 11k1n Into
m•nt
(May 17)

ll
lo I
(I
I
hool
1ml I I aw th•t orlylnatld In lht l1t118th Ind
Of et ldhor .,,., of the 1oolologk:II IChOOI .,.
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Namita Law Series© 20
Crimino1og,,

clectic and seem t~ be a compromi~e be_tween the classical and anthropot

cal schools ?f criminal law._ The soc1olog1cal school deals with problems
me an~ punishment (classical trend) a~d. the personality of the criminal (anthr
of:
opolog1cal trend). With regard to the criminal personality and the causes of cri
me, the sociological school, recognizing not only biological but also societal e
xplanations for human behavior, subscribes to the theory advanced by E. Ferr
1, a follower of C. Lombroso, that a variety of factors contribute to criminal beh
avior. Many sociological criminologists have maintained that criminality depen
ds on biological factors (including heredity), physical factors (season, climate,
time of day), and societal factors.
Sociological criminologists believed that the science of criminal law encompa
sses criminal law in the narrow sense (formulation of law), criminology, and th
e measures adopted by a society to prevent crime. Some felt that the science
should also include penology-the study of the treatment of offenders.

b) What is Positive School of Criminology? How does it differ from

Classical School? (April 11, May/Nov 17, Dec 18) . .
A. Positive School _ With the advance of timeFand hdedvectfopment of sc,entififucl
researches during the nineteenth century certain renc o ors were s~c~~ss
in establishing that it was neither 'fr~e ~ill' of the offender nor ht~ ,_nn~te
d avity' which actuated him to commit cnme but the real cause of cnmmahty
la~~n anthropological features of t~e. crimi~al. The main exponents of this
school were three eminent Italian cnmrnologrsts, namely,

1. Cesare Lombroso,
;: ~~;i~:l~~:;dlt is for this reason that this school is also called the Italian
School of Criminology

1, Cesare Lombroso (1836-1909) - Lombroso is too often referred to as

pioneer of the positive school of Italian School of Criminology. He was an Italian
psych1atnst who was a physician in the Army The contribution of Lombroso to
the science of cnminology can be assessed in the following words Lombroso
laid consistent emphasis over the individual personality of the criminal in the
incidence of cnrne. This view gained favor in subsequent year and modem
cnminological measures are devised to attain the aim of individualization in the
treatme~t of criminals. It has been rightly commented that the sociologists
emphasize on the external factors, psychologists on the internal factors,
whrle Lombroso held that both had a common denominator the "individual".
2) Enrico Ferri (_1~66-1928) · Enrico Ferri was another exponent of the positive
school of cnm1nology. He challenged Lombrosian · f · · 1·ty
Through his scholarly researches Ferri proved that m vieb~ °. c nmina
ere 101ogtca1 reasons
1
·
Nomlto Le\~ \ C' ,c~'-A"\
.., 21 Crimino logy

, e not enough to account for criminality. He firmly believed that other

f e~ors such as emotional reaction, social infirmity or geographical
acnditions also play a vital role in determining criminal tendencies in men. It
~o for this reason that he is sometimes called the founder of 'criminal
,sociology' Ferri emphasized that criminal behavior is an outcome of a
~ariety of factors having their combined effect on the individual.

Feni emphasized that criminal was in no way responsible for his acts since
.,8 was concei ved as invertable consequences of the conditions
which played
., s '.fe. Therefore, the basic purpose of crime prevention program should be
to ren-•ove conditions making for crime.

Ferri worked out a five-fold classification of criminals, namely born

criminals, occas ional crimin als, passio nate crimin als , insane
criminals, and habitu al crimin als. Ferri sugge sted an intens ive
programme of crime prevention and recommended a series of measures
tor treatment of offenders. He asserted that punishment was one of the
poss,ble methods of reforming the criminal. He favoured indeterminate
sentence keeping in view the chances of inmate's readju stmen t in the
community.
3) Garofalo (1 852-19 34) - Garofa lo was one of the three main exponents
of positive school of criminology. He started his career as a magistrate in
Italian courts and rose to the position of Minist er of Justice in 1903. He
stressed the need for a closer study of the circumstances and living
conditions of criminals. In his opinion a criminal is a creature of his own
environment. He was the only positivist who had rich experience as an
eminent jurist, a senato r and a profes sor of criminal law. He, therefore,
approached crime and criminals in a manne r altogether different from his
~ntemporaries. Rejecting the classical theory of free-will as a cause of
cnme. Garofalo defined crime as an act which offends the sentiments of pity
8nd pro~ity
possessed by an average individual and which are injurious to
the society.
He empha sized that lack of pity generates crimes against
person while lack of probity leads to crimes against property.

Positive school was a 19th Century doctrine which emphasized on scientific

r~eth0ds from crime to criminal and from retribution to the corrective methods
0
treatment. Criminals were now to be treated rather than punished.

I) g~ffs1ttve
erence between the Po•ltlv e Schoo l and Clanl cal School-
school
defined crime sociologically while the classacal school defined
II) cnme in legal ter:ms
st
~1~ t~ve school expia,ned cnme in terms of biological determination while the
ss cal school placed reliance on free will theory as an explanation of crime.
Na mi ta la w Se rie s© 22
Crimino/og,,
iii) . .
sit ive sc ho ol ad vo ca ted treatment me cn m1~als instead Of
Po
cri mi na l be pu n1·sthh odds tot r .
pu ni sh m en t an d · he ld
that e no according t
it wh ·1 t~ gr av ~ Of
crim b t cord1_ng to th e cir cu ms ta nc es associated with
ch e u ~c ite pu nishment for e ,: e claSSfCal
te rre nt an d de fin
s oo l b~ he ve d ,n de co mm itti ng the same of fe n: i offence
and
cr im ina ls
eq u~ ! pu ni sh m en t _fo r all pe rso na lity of the offender rather
ea te r em ph as is on
iv) Po sit ive s~ ho ol laid gr ss ica l sc hool focused greater atten
tion on ·
al ac t wh ile cla cnme,
th an hrs cn m m an cri mi na l.
na me ly, th e ac t ra th er th
alo and Fem
n~ nt s of po sit ive sc ho ol were Lombroso, Garof
v) Th~ main ex po ho ol we re Be ccaria an d Bentham.
wh ile th at of cla ss ica l sc e according to
ffe re nt th eo rie s of punishment? Which on
d) W ha t ar e th e di
ct 09 , M ay 09 , Ma y 10 , Nov 12, Nov 14, May
a? (O
yo u is su ita bl e fo r In di
17 , Ju ne 18 , No v 19 ) - Th e pu rp ose of criminal justice is
to
im in al Ju st ic e
A. Va rio us En ds of Cr is pu nis he d by the state. The question arise
s for
He
pu ni sh th e wr on gd oe r. rp os e of pu nishment or the end of crimi
nal
at is th e pu
co ns id eration as to wh , a nu mb er of theories have be
en given
an cie nt tim es
j us tic e. Fr om ve ry hm ent. These theories ma
y be broadly
rp os e of pu nis
co nc em fn g th e pu
e vie w of on e cla ss of theories is that the end of
. Th
di vid ed fnt o tw o classes d to the we lfa re of the State and Society.
ec t an d ad
criminaT ju st ice is to pr ot or ies is th at the purpose of punishmen
t is
cla ss of the
Th e vie w of th e ot he r ma de to su ffer for the wrong committe
d by
nd er m us t be
re tri bu tio n. Th e of fe
h'm.
hm en t-
ni sh m en t - Th er e are five theories of pu nis s
Theofiies of Pu
rd ing to Sa lm on d, "P un ishment is before all thing
Deter;rent Th eo ry • Acco /aw of cri me is to make the evild
oer an
H f en d of the
detefirent an d th e ch ie t ar e like minded with him " Locke
is also of
ng to, all tha
eY.ampfe and a wa m, of ev ery offence should be ma
de "a ba d
th e co mm ,ss ,on
the opinion th at
co rd ing to the de ter re nt theory of pu nis hm en t,
·• Ac
bargain for th e of fe nd er t on ly to pr e~ en t the wrongdoe r from do
ing
t 1s no
th e obJect of pu nis hm en ma ke him a~ e~~mp/e, to ot~er perso
ns
e bu ! a/s o to
a wr on g, a second fim A Ju dg e once said: f don t pu
nish you fo r
f tende ne 1e s. exemplary
wh o ha ve orlmtna sh ee p may not be stolen ." An
ee p bu t so tha t a
ste ali ng th e sh
to the cn m, na l so tha t the others may learn
en
pu nis hm en t should be giv "T he de ter rent theory emphasises
the
ton pu ts·
le ss on fro m him As Pa tre ati ng the pr iso ne rs th at ot he rs wi
ll
cie ty, by so
necessity of pr ote cti ng so
g th e law ".
be de te rre d fro m br ea kin th eo ry co nt en de d that it ha s pr
oved
s of de te rre nt
Criticism • ~h e cotlc en the re is a provision for very seve
re
cri me Ev en wh
,neffecUve ,n checking the co un try , pe op le co nt inu e to comm
,t
na l la w of
punishment in the pe
cnmes
 23 Criminolo gy
0 tow Serie~©
Nm
ti e Theory (May 17) - Accordin g to this theory the object of
2) pre~-::'mevnt is preventive or disabling . The offenders are disabled from
pin~~ting the offences by such p~nishmen_ts. as .im_p~isonn:1ent, death,
~>-~e. forfeiture of office et~. By put~mg. th~ criminal m Jail, h~ 1s p~evented
from committing anothe~ cnme. By ?1sm1~smg a ~erson from his office, he is

P:~
d ved of an opportunity to commit a cnme again.
0 , says "The preventi~e theory c.oncentrates on the prisoner but seeks to
pre~ent him from offending again in the future. Death penalty and exile
serve the purpose of disabl~ng the offen~~r ." ~n example of preventiv e
p..:..,:st,rnents is the cancellat ion of th_e~ driving license of a person. As he
"\as ro icense he is prevented from driving.
Criticism - According to Kant this theory treats man as a thing not as a
person, as a means not end in himself. It conflicts with the sense of
justice. It violates the fundame ntal principle of all free commun ities that
t~e members of such commun ities have equal rights to life, liberty and the
persona security.

3) Refonnative Theory (Nov 08, May 09, Nov 12, May 14, Nov 17, June 18) -
According to reformative theory, the object of punishm ent should be the
refonn of the criminal. Even if an offender commits a crime, he does not
cease to be a human being. Accordin g to Mahatm a Gandhi, 'Hate the sin,
not the sinner'. The reason is that the society contains within itself the germs
~ a11 the crimes that are about to be committe d and the criminal is only the
instrument which executes them. He may have committ ed a crime under
etrcumstaraces which might never occur again. The object of punishment
should be to bring about the moral reform of the offender. The qualities of
~n are la~e~t in every criminal. They are merely to develop in them.
th us, a cnmin~I _must be educated and taught some art or industry during
; Period of his 1mpnsonment so that he may be able to start his life again
~ ~ hia release from jail. While awarding punishm ent, the judge should
°"u Y th e characte r and age of the offender his early breeding , his
...1.1ucation
off e and environmen
· ' which
t, the circumstances under · he comm1tt · ed the
th
Then~, e obj~ct wit~ which he committe d the offence and other factors
circu~ J~ct of doing so 1s to acquaint the judge with the exact nature of the
arcum~ ances so that he may give a punishment which Slits the
Qlances
Thus cnrne I1 8 k
Gcien't,ficall P all other diseases should property be diagnosed and treated
an end th Y unishment must not be regarded as the end but only means to
ls a rn~lado end being the reclamation of the criminal to useful citizen Cnme
tho otfe Yd and th e aim of every punishm ent should be the reclamatiOn of
" n er by
un1nvestiga teci . prescribi ng proper treatment The prinop1e thal
reformers criminals are an expensive luxury" should be guide lo
in tackling this problem.