CHAPTER 1 CRIME AND CRIMINOLOGY
INTRODUCTION • Man by nature is a fighting animal hence to think of a crimeless society is a myth. • Emile Durkheim in his treaties ' Crime as a Social Phenomenon' says a society composed of persons with angelic qualities would not be free from violation of the norms of the society.
CONCEPT OF CRIME • During 12th & 13th centuries included only those acts as crime which were committed against the state or religion. • Treason, rape & blasphemy were treated as crime whereas murder was not a crime. • Primitive societies did not recognise any distinction between the law of crime and tort. • The wrongdoer was supposed to offer compensation to the person wronged.
CONCEPT OF CRIME Continues • The quantum of which depended on the extent of the wrong caused and the status of the sufferer, known as bot. • There were certain botless offences for there was no compensation but wrongdoer had to undergo punishment. • House breaking, harbouring the outlaws, refuse to serve in the army and breach of peace were some botless offences
CONCEPT OF CRIME Continues • From the botless offence the modern concept of crime emerged.
DEFINITION OF CRIME Cross & Jones defines crime as a legal wrong the remedy for which is punishment of the offender at the instance of the state. Blackstone & Stephan define that crime are breaches of those laws which injure the community.
CLASSIFICATION OF CRIME • Legal Crimes • Political Crimes • Economic Crimes • Social Crimes • Miscellaneous Crimes
Legal Crimes • Legal crimes can be termed as a traditional crime. • Legal crimes includes Theft, robbery, dacoity, rape, hurt and rioting etc.
Political Crimes • Political offences which are motivated politically or committed in violation of the election laws or norms set out for the politician in course of their political actvities, such as booth capturing, restraining person from voting etc.
Economic Crimes under this catogory various offences comes which are related with the economy. In economic offences the persons who are having a high social status are envolved. Under this classification tax evasion, smuggling, prostitution, gambling, foreign exchange violation comes.
Social Crimes • Social crimes which are committed under social legislation such as • Child Marriage Restraint Act1978 • Dowry Prohibition Act 1961 • Juvenile Justice(Care and Protection) Act 2000 • SC & ST Prevention of Atrocities Act 1989
Miscellaneous Crime • All other remaining crime which are committed under local or special Acts are termed as misclleneous crimes. • For example, offences under Prevention of Food Adulteration Act 1954 • Consumer Protection Act 1986.
CHARACTERISTICS OF CRIME • External Consequences • Act ( Actus Reus) • Mens rea or guilty mind • Prohibited act • Punishment
Externel Consequences • Crime always have a harmfull impact on society may it be social, personal, emotional or mental. Act (Actus Reus) There should be an act or omissionnto constitute a crime Intentiin or mens rea alone shall not constitute a crime, unless it is followed by some externel or over act.
Mens Rea or Guilty mind • Mens rea implies that there must be a state of mind with respect to a actus reus i.e intention to act in the prescribed fashion. • There is difference betn Mens rea and motive. • Example. • Steal a peace of bread; motive may be hounrable &understandable but the mens rea being to commit the theft.
Prohibited act • The act which is commited by the person must be prohibited by law. Punishment • Punishment is also one of the characteristics of the crime. • If there is no punishment there is no use of criminal Act.
Sine & Crime Distinguished • Concept of sin emanates from religion. • Sin results in violation of rules of religion. • A sinner is punished by God. • There is no direct injury or harm in case of a sin. • The remedy for sin is penance. • Crime is a legal preposition. • Crime is always envolves a breach of law. • Criminal is punished by the state. • Crime necessarily involves some kind of direct injury. • the remedy for crime is punishment. Sin Crime
NATURE &SCOPE OF CRIMINOLOGY • Broadly speaking, criminology deals with the legal psychiatric aspect or the medico, psychological, biological, padagogical or sociological aspect of criminality and the factors related there with. • Prof W. A. Bonger preferred to study theoritical criminology under the following sub heads. • Continues.......
Criminal Anthropology • It seeks to understand the personality of the offenders in physical terms. • Cesare Lombroso emphasised that criminal were different physically from normal person.
Criminal Sociology • It is based on Sutherlands theory of differntial association. • Sutterlands theory explains criminal behaviour as a process of learning through association with other criminals.
Criminal Psychology • It seeks to co-relate criminalty to emotional aspect of human nature.
Criminal Psycho- Neuro Pathology • This branch of criminology attributes criminality to functional deviation and mental conflicts in the personality of offender. • The factors such as inferiority complex, frustration, depression, anxiety etc. may lead a person to commit crime.
Presented by Waseem I. Khan Assistant Professor Shri Shivaji Law College Parbhani, Maharashtra