CRIMINOLOGY

By
Swapnil Pandey
 CRIMINOLOGY
(COURSE CODE : LB -505)
1. Concept of crime
2. Nature and scope of criminology
3. Schools of criminology – Pre-Classical school, Classical school, neo
Classical school, Positive school
4. Theories of Crime Causation: Bio-physical approaches,
Psychological approaches, Social Learning Theories, Social
Disorganization Theories, Economic approaches
5. White Collar Crime
6. Juvenile Delinquency: Meaning, Definition and Concept
7. Juvenile Delinquency Contd.: Causes of Juvenile Delinquency,
Growth of Juvenile Justice System in India, Juvenile Justice (Care
and Protection of Children Act, 2015
8. Penology: Punishment and its justification, Theories of
punishment, Punishment under the indian Criminal Law
9. Capital Punishment: Capital Punishment in India, Retention and
Abolition of Capital Punishment, Constitutionality of Capital
Punishment, Judicial trends, methods of execution
10. Prison Administration: prisons in India, Problems in Indian Prison
system, Constitution Imperative, Prison reforms measures in India
 UNIT 1

Concept
of
crime
 WHAT IS CRIME?
 “An intentional act in violation of the criminal law
committed without defense or excuse, and
penalized by the state.”
 A crime is an act, that a person does, which is
against the laws of a country or region. A person
who does this is called a criminal.
 The violation of a society’s formally enacted criminal
law.
 The basic idea for "crimes" is the act, which might
cause a problem for another person.
 Such as killing another person, injuring another
person or stealing from another person are crimes in
most countries.
DEFINITION OF CRIME
A) Legal Definition
B) Sociological Definition
A) LEGAL DEFINITION

 According to Jones – “Crime is a legal wrong, the remedy for

which is punishment of the offender at the instance of the
State.”
 According to Blackstone – “A crime is an act committed or
omitted in violation of a public law either forbidding or
commanding it.”
 According to Halsbury – “Crime is an unlawful act which is
an offence against the public and the perpetrator of that act
is liable to legal punishment.”
 According to Tappan – “An intentional act or omission in
violation of criminal law, committed without defence or
justification and sanctioned by the law as felony or
misdemeanour.”
B) SOCIOLOGICAL DEFINITION

 According to Sutherland – “Crime as a

symptom of social disorganization.
 According to Stephen – “Crime is an act
which is both forbidden by law and revolting to
the moral sentiments of the society.”
 According to Italian criminologist Garofalo –
“Crime is an act which offend the basic moral
sentiments of pity and probity (respect for
property, rights of others).”
 The frequent and repeated thefts, robberies, murders, killings, rapes,
shoplifting, pick pocketing, drug- abuse, illegal trafficking, smuggling, theft of
vehicles etc. have made the common citizens to have sleepless nights and
restless days.
 The criminals have been operating in an organized way and sometimes even
have nationwide and international connections and links.
 The crime situation in other metropolitan cities like Bombay, Calcutta, and
Madras etc. is almost the same.
 The political links of the criminals have complicated the matters. Kidnappers,
rapists, murderers, smugglers and such other criminals are indulging in their
crimes under the wings and protection of the political leaders. Steps should be
taken to curb and eliminate this dangerous trend.
 The masses should rise to fight against political protection of criminals. Corrupt
politicians should be denied party tickets and party positions. Do you think
anyone protect criminals?
 Old, retired and lonely men and women living in posh colonies are easy targets
of these criminals. The old men and women cannot do without domestic help
and servants. And the servants are killing and murdering them.
 The police and the administration are to be blamed for the deterioration of law
and order in the cities. Sometimes, policemen are a party to these crimes. They
 Tandoor Murder case –
 New Delhi: Nearly two decades ago on the night of
July 2, 1995, in the open-air restaurant of a Delhi five-
star hotel, a body was being burned in a tandoor. It
was the body of 29-year-old Naina Sahni, wife of Delhi
Youth Congress President Sushil Sharma. Enraged
Sharma took out his licenced revolver and shot Naina
Sahni thrice, hitting her on the neck and head. The
third shot missed her and hit the wall.
 Sahni died on the spot. Sharma then wrapped her
body in a blanket and took it to the restaurant where
he chopped it into small pieces and stuffed it into the
tandoor. Sharma then tried to burn the body in the clay
oven but when police came Sharma escaped from the
restaurant. It was in Bangalore that Sharma finally
surrendered on July 10, pleading innocence. He was
sentenced to death on Nov 7, 2003 by the trial court.
TYPES OF CRIME
Criminal Behaviour System have given 6 types of crimes –

1) Violent personal crime

2) Occasional property crime
3) Occupational crime
4) Political crime
5) Public order crime
6) Conventional crime
1) VIOLENT PERSONAL
CRIME

This crime is based on the use of violence and is

committed by a person, who does not have earlier
record of crime against him.
Murder, rape, assault are some examples of this
crime.
The reaction of society against those who commit
this type of crime is very harsh.
2) OCCASIONAL PROPERTY
CRIME

This crime is the violation of individual’s

property rules occasionally.

Shoplifting is the example of this crime.

3) OCCUPATIONAL CRIME
This crime is committed during the course of one’s
occupation, with an economic motive.

The criminals who commit this crime, accept the traditional

norms of society except honesty.

Embezzlement, black-marketing, misleading advertisement

are some examples of this crime.
4) POLITICAL CRIME
This crime is committed by an individual with vested political
and economic interest.

Treason, spying, passing secrets to enemy country are few

examples of political crime.
5) PUBLIC ORDER CRIME
This crime is one in which a person violates the rules of
conduct in society.

Some examples of this crime are alcoholism, prostitution,

pornography, violation of traffic rules.

{Police and Public order are state subjects under the

Seventh Schedule to the Constitution of India.}
6) CONVENTIONAL CRIME
This is a crime in which a person violates the personal
norms of individual property.

Theft, robbery, dacoity, kidnapping are some examples of

this crime.

The persons commit these crimes are more committed to

criminal subculture.
 CHARACTERISTICS OF CRIME
1) External consequences – Crime always have a harmful impact on
society. It may be social, personal, emotional or mental.

2) Act (Actus-reus) – There should be an act or omission to constitute a

crime. Intention or mens-rea alone shall not constitute a crime, unless
it is followed by some external act.

3) Mens-rea or Guilty mind – Mens-rea is one of the essential

ingredients as a crime. It may however, be direct or implied. Implied
mens-rea is termed as constructive mens-rea.

4) Prohibited act – The act should to be prohibited or forbidden under

the existing law.

5) Punishment – The act in order to constitute a crime should not only be

prohibited by the law but should always be punishable by the state.