Criminology & Penology

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Jigar Ashar
STUDENT, HVPS COLLEGE OF LAW
Subject: Criminology & Penology
By Jigar Ashar, Student, HVPS College of Law

Module - 1: Crime and Criminology

Q. Concept of Crime throughout the 18th, 19th, and 20th Centuries?
• The concept of crime evolved significantly throughout the 18th, 19th, and
20th centuries due to various social, economic, political, and legal changes.
• Here's an overview of how the concept of crime transformed during each
century:
o 18th Century:
▪ Legalistic Approach: During the 18th century, India was under
the rule of various regional powers as well as the British East
India Company. The concept of crime was predominantly
defined by written laws, including traditional indigenous legal
systems as well as British colonial laws.
▪ Colonial Justice System: British colonial rule introduced a legal
system heavily influenced by English common law. Crime was
defined according to colonial statutes, and punishments were
often severe and imposed in accordance with British legal
traditions.
▪ Social Hierarchies: The justice system reflected and reinforced
existing social hierarchies, with differential treatment based on
caste, class, and gender.
o 19th Century:
▪ Colonial Reforms: The 19th century saw some legal reforms
introduced by the British colonial administration in India. These
reforms aimed to codify laws, establish formal courts, and create
a more uniform legal system across different regions of India.
▪ Social Changes: Industrialization and urbanization had limited
impact in colonial India compared to Europe, but there were
changes in urban areas, leading to new forms of crime related to
urbanization, such as theft and prostitution.
▪ Reform Movements: The 19th century also witnessed various
social and religious reform movements in India, which advocated
for social justice, education, and human rights. These
movements influenced discussions around crime and
punishment.
o 20th Century:
▪ Independence and Legal Reforms: India gained independence
from British rule in 1947. The post-independence period saw
significant legal reforms aimed at creating a more equitable and
just society. This included the adoption of a democratic

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constitution, the establishment of independent judiciary, and the

enactment of laws aimed at protecting individual rights.
▪ Focus on Rehabilitation: Similar to global trends, there was a
growing emphasis on rehabilitation and social reform in the
Indian criminal justice system during the 20th century. Efforts
were made to address underlying social and economic factors
contributing to crime.
▪ Technological Advancements: India also witnessed
technological advancements in crime detection, investigation,
and surveillance methods during the 20th century, although
these developments were often slower compared to Western
countries.

Q. Crime and Classification of Crime?

• Crime can be defined as any act or omission that violates laws established by
a governing authority, which may result in punishment or sanctions. It is a
social construct that varies across different societies and cultures, reflecting
the values, norms, and legal principles of a particular community. Crimes are
typically categorized based on their severity and the harm they cause to
individuals, communities, or society as a whole. The concept of crime
encompasses a wide range of behaviours, from minor offenses such as petty
theft to serious crimes like murder and terrorism.
• Classification of Crime: Crimes can be classified in various ways based on
different criteria. Some common classifications of crime include:
o By Severity:
▪ Felony: Serious crimes punishable by imprisonment for more
than one year or by death. Examples include murder, rape, and
armed robbery.
▪ Misdemeanour: Lesser offenses punishable by imprisonment
for up to one year or by fines. Examples include petty theft,
disorderly conduct, and simple assault.
o By Nature, or Type:
▪ Violent Crimes: Offenses that involve the use of force or threat
of force against individuals, such as murder, assault, and
domestic violence.
▪ Property Crimes: Offenses that involve the unlawful taking or
destruction of property, such as theft, burglary, and vandalism.
▪ White-Collar Crimes: Non-violent offenses committed by
individuals or corporations in the course of their occupation,
such as fraud, embezzlement, and insider trading.

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▪Drug Offenses: Offenses related to the possession,

manufacture, or distribution of illegal drugs or controlled
substances.
▪ Cyber Crimes: Offenses committed using computers or the
internet, such as hacking, identity theft, and online fraud.
o By Legal Elements:
▪ Malum in se: Crimes that are inherently wrong or evil, such as
murder and rape.
▪ Malum prohibitum: Crimes that are wrong only because they
are prohibited by law, such as traffic violations and tax evasion.
o By Motive or Intent:
▪ Crimes of Passion: Offenses committed in the heat of the
moment due to strong emotions, such as rage or jealousy.
▪ Pre-meditated Crimes: Offenses planned in advance with the
intent to commit a crime, such as premeditated murder or
conspiracy.
o By Victim:
▪ Personal Crimes: Offenses directed against individuals, such as
assault, kidnapping, and homicide.
▪ Property Crimes: Offenses directed against property, such as
theft, burglary, and arson.
▪ Crimes Against the State: Offenses that threaten the security or
interests of the government or society as a whole, such as
treason and terrorism.

Q. Definitions and History of Criminology?

• Criminology is the scientific study of crime, criminal behaviour, and the
criminal justice system. It encompasses various disciplines, including
sociology, psychology, biology, anthropology, and law. Criminologists seek to
understand the causes and correlates of crime, patterns of criminal behaviour,
and the effectiveness of crime prevention and intervention strategies. They
also examine the functioning of the criminal justice system and the impact of
laws and policies on crime rates and social order.
• History of Criminology in India: The history of criminology in India is
intertwined with the development of legal and justice systems over the
centuries. While formal academic studies of criminology in India emerged
relatively recently, the country has a rich tradition of addressing crime and
punishment through indigenous legal systems and societal norms.
o Ancient Legal Systems: India has a long history of legal systems
dating back to ancient times. Ancient Indian texts such as the
Manusmriti and Arthashastra contain provisions for criminal law,
punishment, and social order. These texts provided guidelines for

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maintaining law and order and administering justice within ancient

Indian societies.
o Colonial Influence: The British colonial period in India (from the 18th
to the mid-20th century) brought significant changes to the legal and
justice systems. The British introduced Western legal principles,
including the English common law system, which influenced the
administration of justice in India. Criminological perspectives during
this period were shaped by British legal traditions and colonial policies.
o Emergence of Academic Criminology: Formal academic studies of
criminology in India began to emerge in the 20th century, particularly
after independence in 1947. Indian scholars and researchers started
exploring the causes of crime, patterns of criminal behaviour, and the
functioning of the criminal justice system within the Indian context.
Early contributions to Indian criminology focused on understanding
crime trends, social factors influencing criminal behaviour, and
evaluating the effectiveness of legal reforms.
o Institutional Development: In recent decades, academic institutions in
India have established departments or programs dedicated to
criminology and criminal justice studies. These institutions conduct
research, offer academic courses, and provide training to professionals
in the field of criminology. Additionally, non-governmental
organizations (NGOs) and government agencies in India work on crime
prevention, victim support, and criminal justice reform initiatives.
o Contemporary Issues: Modern criminological research in India
addresses a wide range of contemporary issues, including gender-
based violence, cybercrime, organized crime, terrorism, and human
rights. Scholars and practitioners in Indian criminology collaborate with
international counterparts and engage in interdisciplinary research to
address complex challenges in crime prevention and criminal justice
administration.

Q. Inter–Relation between Criminology, Penology and Criminal Law?

• The interrelation between criminology, penology, and criminal law is essential
for understanding the broader framework of crime, punishment, and the
criminal justice system.
• Here's how these fields are interconnected:
o Criminology and Criminal Law:
▪ Definition and Classification of Crime: Criminology provides
insights into the causes, patterns, and types of criminal
behaviour. This understanding influences the development and
interpretation of criminal laws. Criminological research helps
policymakers and legislators identify emerging trends in crime

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and determine which behaviours should be defined as criminal

offenses.
▪ Legal Responses to Crime: Criminal law defines the boundaries
of acceptable behaviour in society and prescribes sanctions for
violating these boundaries. Criminological research informs legal
responses to crime by identifying effective strategies for crime
prevention, intervention, and rehabilitation. Legal reforms may
be influenced by criminological theories and empirical evidence
regarding the efficacy of different approaches to addressing
criminal behaviour.
o Criminology and Penology:
▪ Study of Punishment: Criminology examines the theories and
practices of punishment, including its philosophical justifications
and societal implications. Penology, as a subfield of criminology,
focuses specifically on the study of punishment and corrections.
Penologists analyse the goals of punishment (e.g., deterrence,
rehabilitation, incapacitation) and assess the effectiveness of
various correctional strategies in achieving these goals.
▪ Impact of Punishment on Criminal Behaviour: Criminological
research investigates the impact of punishment on offenders'
attitudes, behaviours, and recidivism rates. Penological theories
and practices are informed by criminological findings regarding
the rehabilitative potential of correctional interventions, the
deterrent effects of punishment, and the ethical considerations
associated with different forms of punishment.
o Criminal Law and Penology:
▪ Implementation of Punishment: Criminal law establishes the
legal framework for imposing sanctions on individuals convicted
of criminal offenses. Penology concerns itself with the practical
implementation of these sanctions within the criminal justice
system, including sentencing practices, prison management, and
rehabilitation programs.
▪ Reform and Rehabilitation: Criminal law may incorporate
principles of penology in sentencing decisions, such as
considering the rehabilitative needs of offenders and promoting
their reintegration into society. Penological approaches to
corrections influence legal reforms aimed at improving the
effectiveness and fairness of punishment, reducing recidivism,
and promoting public safety.
• In summary, criminology, penology, and criminal law are closely
interconnected disciplines that contribute to our understanding of crime,
punishment, and the administration of justice.

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Q. Is criminology a science?
• Yes, criminology is widely considered to be a science. It is a multidisciplinary
field that employs scientific methods and approaches to study various aspects
of crime, criminal behaviour, and the criminal justice system.
• Here are several reasons why criminology is regarded as a science:
o Empirical Research: Criminology relies on empirical research methods
to gather and analyse data on crime patterns, offender characteristics,
victimization rates, and the effectiveness of interventions. Researchers
use quantitative and qualitative research techniques, including surveys,
experiments, interviews, and observations, to generate empirical
evidence and test hypotheses.
o Theoretical Frameworks: Criminology develops and tests theoretical
frameworks to explain the causes and correlates of crime, as well as the
effectiveness of crime prevention and intervention strategies. These
theories draw upon concepts and principles from various disciplines,
including sociology, psychology, biology, economics, and
anthropology, to understand the complex nature of criminal behaviour.
o Scientific Methodology: Criminology follows the scientific method,
which involves formulating hypotheses, conducting systematic
observations and experiments, analysing data, and drawing conclusions
based on empirical evidence. Researchers employ rigorous methods of
inquiry to ensure the validity and reliability of their findings, and they
subject their work to peer review and scrutiny within the scientific
community.
o Cumulative Knowledge: Like other scientific fields, criminology aims
to build cumulative knowledge through ongoing research and scholarly
inquiry. Researchers build upon previous studies, refine existing
theories, and develop new insights into the causes, patterns, and
consequences of crime. This iterative process of knowledge
accumulation contributes to the advancement of the field over time.
o Practical Applications: Criminological research has practical
applications for policymakers, practitioners, and stakeholders involved
in crime prevention, law enforcement, and criminal justice policy.
Evidence-based practices informed by criminological research help
policymakers make informed decisions, allocate resources effectively,
and develop interventions that are grounded in scientific evidence.

Q. Schools of Criminology (2m each)

• Criminology encompasses various schools of thought, each offering different
perspectives on the causes, nature, and control of criminal behaviour.
• Here are some of the major schools of criminology:
o Pre-classical School of Criminology:

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▪ Key Figures: This school predates the Classical School and

includes thinkers like Thomas Hobbes and Jeremy Bentham.
▪ Principles: Pre-classical criminologists focused on the nature of
law and justice, often emphasizing religious or moral
justifications for punishment. They laid the groundwork for later
theories by discussing concepts like natural law and social
contract.
o Classical School of Criminology:
▪ Key Figures: Cesare Beccaria and Jeremy Bentham.
▪ Principles: The Classical School emerged during the
Enlightenment era and emphasized rationality, free will, and
deterrence. It proposed that individuals weigh the potential
benefits and costs of committing a crime before engaging in
criminal behaviour. Punishments should be proportionate,
certain, and swift to deter crime effectively.
o Neo-classical School:
▪ Key Figures: This school emerged as a response to perceived
shortcomings of the Classical School and includes figures like
Cesare Lombroso and Enrico Ferri.
▪ Principles: Neo-classical criminologists retained some Classical
principles but introduced the idea of mitigating factors that
might influence criminal behaviour, such as mental illness or
socioeconomic circumstances. They emphasized individual
differences and advocated for more flexible approaches to
punishment and rehabilitation.
o Positive School:
▪ Key Figures: Cesare Lombroso, Enrico Ferri, Raffaele Garofalo.
▪ Principles: The Positive School rejected the Classical emphasis
on free will and argued that criminal behaviour is determined by
biological, psychological, and social factors beyond an
individual's control. Positive criminologists sought to identify the
biological and psychological characteristics of criminals and
advocated for individualized treatment and rehabilitation.
o Cartographic School:
▪ Key Figures: This school is less well-defined in the
criminological literature, but it generally refers to approaches
that use mapping and spatial analysis to study crime patterns
and trends.
▪ Principles: Cartographic criminologists utilize geographic
information systems (GIS) and other spatial analysis tools to
examine the distribution of crime, identify hotspots, and

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understand the environmental and contextual factors associated

with criminal behaviour.
o Clinical School of Criminology:
▪ Key Figures: This school focuses on the psychological aspects of
criminal behaviour and includes figures like Sigmund Freud and
Hans Eysenck.
▪ Principles: Clinical criminologists apply insights from
psychology and psychiatry to understand the individual
characteristics and motivations underlying criminal behaviour.
They explore topics such as personality disorders, psychopathy,
and childhood trauma in relation to criminality.
o Sociological School of Criminology:
▪ Key Figures: Emile Durkheim, Karl Marx, Robert Merton.
▪ Principles: The Sociological School emphasizes the social,
cultural, and structural factors that contribute to crime.
Sociological criminologists study the impact of social
institutions, inequality, and socialization processes on criminal
behaviour. They explore concepts such as anomie, social
disorganization, and strain theory to understand how social
conditions shape crime rates.
o Socialist School of Criminology:
▪ Key Figures: This school draws on Marxist principles and
includes scholars like Willem Bonger and Georg Rusche.
▪ Principles: Socialist criminologists argue that capitalism and
economic inequality contribute to crime by creating conditions
of exploitation, alienation, and social conflict. They critique the
criminal justice system as serving the interests of the ruling class
and advocate for social and economic reforms to address root
causes of crime.
o New Criminology Trends for Research:
▪ Key Areas: Some emerging trends in criminological research
include:
▪ Environmental Criminology: Studying the impact of physical
environments on crime patterns.
▪ Green Criminology: Examining environmental crimes and
harms.
▪ Critical Criminology: Analysing the intersection of power,
inequality, and crime.
▪ Technology and Crime: Investigating the role of technology in
facilitating or preventing crime.
▪ Globalization and Transnational Crime: Understanding the
dynamics of crime in a globalized world.

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Module - 2: Causes of Criminal Behaviour

Q. Factors contributing to criminal behaviour? (2m each)
• Factors contributing to criminal behaviour are complex and multifaceted,
often stemming from a combination of genetic, biological, psychological,
social, and environmental influences.
• Here are some key factors:
o Heredity:
▪ Genetic Predisposition: Some individuals may have genetic
predispositions that increase their likelihood of engaging in
criminal behaviour. Genetic factors can influence personality
traits, impulsivity, aggression, and susceptibility to mental health
disorders, all of which can contribute to criminal behaviour.
▪ Family History: Family environment and genetic inheritance
play significant roles in shaping behaviour. Individuals with
family members who have a history of criminality or antisocial
behaviour may be at higher risk of engaging in similar
behaviours due to genetic and environmental factors.
o Bio-physical Factors:
▪ Brain Abnormalities: Structural and functional abnormalities in
the brain, such as impaired prefrontal cortex function or
abnormalities in neurotransmitter systems, have been linked to
impulsive and antisocial behaviour.
▪ Neurochemical Imbalances: Dysregulation of neurotransmitters
like serotonin, dopamine, and norepinephrine can affect mood,
impulse control, and decision-making processes, potentially
increasing the risk of criminal behaviour.
▪ Hormonal Influences: Imbalances in hormones such as
testosterone have been associated with aggression and
antisocial behaviour, particularly in males.
o Psychological Influences:
▪ Personality Disorders: Certain personality disorders, such as
antisocial personality disorder (ASPD) and psychopathy, are
characterized by traits such as impulsivity, lack of empathy, and
disregard for social norms, which can contribute to criminal
behaviour.
▪ Psychological Trauma: Childhood trauma, abuse, neglect, and
adverse life experiences can lead to emotional dysregulation,
maladaptive coping mechanisms, and psychological distress,
increasing the risk of engaging in criminal behaviour as a means
of coping or self-medication.

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▪ Mental Health Disorders: Conditions such as schizophrenia,

bipolar disorder, and major depressive disorder are associated
with an increased risk of involvement in criminal activity, often
due to symptoms such as hallucinations, delusions, or impaired
judgment.

Q. Emotional and psychological factors for Criminal Behaviours and Crimes?

• Emotional and psychological factors play significant roles in contributing to
criminal behaviour and crimes.
• Here are some key emotional and psychological factors:
o Trauma and Abuse: Individuals who have experienced trauma, neglect,
or abuse during childhood may develop maladaptive coping
mechanisms and behavioural patterns that increase the likelihood of
engaging in criminal behaviour later in life. Trauma can lead to
emotional dysregulation, impulsivity, and difficulty forming healthy
relationships, which can contribute to criminal conduct.
o Mental Health Disorders: Mental health disorders, such as depression,
anxiety, bipolar disorder, schizophrenia, and personality disorders, can
impair an individual's judgment, impulse control, and ability to
understand the consequences of their actions. Untreated mental illness
may increase the risk of engaging in criminal behaviour, particularly if
individuals are unable to access appropriate treatment and support.
o Substance Abuse: Substance abuse and addiction are closely linked to
criminal behaviour, as individuals may engage in illegal activities to
obtain drugs or alcohol, fund their addiction, or support their lifestyle.
Substance abuse can exacerbate underlying psychological issues and
impair decision-making, leading to impulsive and reckless behaviour.
o Cognitive Distortions: Cognitive distortions are irrational or
dysfunctional thought patterns that contribute to distorted perceptions
of reality and problematic behaviour. Examples include rationalization,
minimization, and blaming others for one's actions. These distorted
beliefs may justify criminal behaviour in the mind of the offender,
leading to a lack of accountability and responsibility.
o Low Self-Esteem and Identity Issues: Individuals with low self-esteem
or identity issues may seek validation and belonging through deviant
or criminal activities. Criminal behaviour may serve as a means of
asserting power, gaining recognition, or fitting in with peer groups that
engage in antisocial behaviour.
o Impulsivity and Poor Impulse Control: Impulsivity refers to a
tendency to act on immediate urges or desires without considering the
consequences. Poor impulse control is associated with increased risk-
taking behaviour, aggression, and criminal conduct. Individuals with

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deficits in impulse control may struggle to resist temptation or delay

gratification, leading to impulsive acts of violence, theft, or substance
abuse.
o Social Learning and Modelling: Social learning theory suggests that
individuals learn behaviour through observation, imitation, and
reinforcement. Exposure to deviant or criminal behaviour within one's
social environment, such as family, peers, or media, can influence
attitudes and norms surrounding crime and violence, increasing the
likelihood of engaging in similar behaviour.

Q. Freud’s Theory of Criminal Behaviour

• Sigmund Freud's theory of criminal behaviour is rooted in his broader
psychoanalytic framework, which emphasizes the role of unconscious conflicts,
childhood experiences, and personality dynamics in shaping human
behaviour. While Freud did not develop a specific theory focused exclusively
on criminal behaviour, his ideas offer insights into how psychological factors
may contribute to criminality.
• Here are some key elements of Freud's theory in relation to criminal
behaviour:
o Unconscious Motivations:
▪ Freud proposed that much of human behaviour is driven by
unconscious motivations, desires, and conflicts that are
inaccessible to conscious awareness. These unconscious forces
can influence behaviour in ways that individuals may not fully
understand or control.
▪ Criminal behaviour may stem from unconscious impulses, such
as aggression, hostility, or sexual drives, that manifest in
antisocial or deviant actions. Freud believed that unresolved
conflicts or repressed memories from childhood could resurface
in adulthood and contribute to criminal behaviour.
o Personality Dynamics:
▪ Freud's theory of personality posits that the psyche is comprised
of three major components: the id, ego, and superego. The id
represents primal instincts and desires, seeking immediate
gratification. The superego represents internalized moral
standards and societal norms. The ego mediates between the
demands of the id and the constraints of reality.
▪ Criminal behaviour may result from conflicts between these
psychological forces. For example, individuals with weak ego
control may struggle to regulate impulsive or aggressive urges
(id), leading to criminal acts. Alternatively, individuals may

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engage in criminal behaviour as a form of rebellion against the

strict moral standards imposed by the superego.
o Defence Mechanisms:
▪ Freud proposed that individuals use defence mechanisms to
protect the ego from anxiety and distress caused by unconscious
conflicts or threatening impulses. These defence mechanisms
include repression, denial, projection, and rationalization.
▪ Criminal behaviour may be rationalized or justified through
defence mechanisms. For example, individuals may repress
feelings of guilt or shame associated with criminal acts, deny
responsibility for their actions, or project blame onto others.
o Childhood Experiences:
▪ Freud emphasized the importance of early childhood
experiences, particularly interactions with parents and caregivers,
in shaping personality development. Traumatic or adverse
experiences during childhood, such as abuse, neglect, or
inconsistent parenting, can have lasting effects on psychological
functioning.
▪ Criminal behaviour may be influenced by early childhood
experiences that contribute to maladaptive personality traits,
emotional dysregulation, or unresolved conflicts. Freud believed
that disruptions in early attachment relationships or failures to
resolve developmental conflicts could predispose individuals to
criminality in later life.

Q. Explain Atrocities
• "Atrocities" refers to extremely cruel, brutal, or heinous acts committed
against individuals or groups, often resulting in severe harm, suffering, or loss.
Atrocities can take various forms and may include acts such as genocide, mass
murder, torture, sexual violence, forced displacement, enslavement, and other
egregious violations of human rights and dignity.
• The term "atrocities" is commonly used in contexts where grave violations of
human rights occur, such as during armed conflicts, authoritarian regimes, or
situations of systemic discrimination and oppression. Atrocities can be
perpetrated by states, armed groups, organized criminal networks, or
individuals acting with impunity.
• Examples of atrocities include the Holocaust during World War II, the
Rwandan genocide, ethnic cleansing in Bosnia and Herzegovina, the use of
chemical weapons in Syria, and mass atrocities committed against Rohingya
Muslims in Myanmar, among many others.

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Q. Define Criminals and Explain Classification of Criminals?

• Criminals are individuals who engage in behaviour that violates laws
established by society, resulting in criminal charges and potential legal
consequences. Criminal behaviour encompasses a wide range of actions, from
minor offenses such as petty theft to serious crimes such as murder or
terrorism. The classification of criminals involves categorizing individuals
based on various characteristics, patterns of behaviour, or types of offenses
they commit.
• Here's an explanation of the classification of criminals:
o Based on Frequency of Offenses:
▪ Ordinary & First-time Offenders: These individuals commit
crimes infrequently and may not have a criminal history.
▪ Habitual Offenders: Also known as career criminals or repeat
offenders, habitual offenders engage in criminal behaviour
persistently over time and may have a history of multiple arrests
or convictions for various offenses.
o Based on Demographics:
▪ Women Offenders: Women who commit crimes, ranging from
petty offenses to serious felonies. While women's involvement in
crime is generally lower compared to men, they may engage in
different types of offenses, including property crimes, drug-
related crimes, and occasionally violent crimes.
▪ Juveniles in Conflict with Law: Individuals below the age of
majority who have committed offenses that would be
considered criminal if committed by adults. The juvenile justice
system focuses on rehabilitation and reintegration rather than
punishment for these offenders.
o Based on Nature of Offenses:
▪ White Collar Criminals:
• Individuals who engage in non-violent, financially
motivated crimes typically committed in the course of
their occupation or business activities.
• Examples include embezzlement, fraud, insider trading,
and corporate crimes.
• These individuals typically occupy positions of trust and
authority in business or government and use their
positions to commit financial crimes for personal or
organizational gain, often without resorting to physical
violence.
▪ Cyber Criminals:
• Individuals or groups who use computers, networks, and
digital technologies to commit crimes.

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• Examples include hacking, identity theft, online fraud,

cyberbullying, and cyberterrorism.
• Operating in the digital realm, these individuals or groups
leverage technology to perpetrate a wide range of crimes,
from stealing sensitive data and committing fraud to
launching cyberattacks that disrupt systems and
networks.
▪ Cyber Pornographers:
• Individuals who create, distribute, or profit from the
production and dissemination of sexually explicit material
online.
• This may include child pornography, non-consensual
pornography (revenge porn), or the exploitation of
individuals for commercial gain through the online sex
trade.
• Exploiting the anonymity and accessibility of the internet,
these individuals profit from the production and
distribution of sexually explicit material, contributing to
the exploitation and victimization of vulnerable
individuals.
▪ Terrorists:
• Individuals or groups who use violence, intimidation, or
coercion to achieve political, ideological, or religious
goals.
• Terrorism encompasses various forms of attacks against
civilians, governments, or infrastructure, as well as acts of
sabotage and insurgency.
• Seeking to instil fear and advance ideological, political, or
religious agendas, these individuals or groups employ
violence and intimidation tactics to disrupt societal order
and achieve their objectives, posing significant threats to
public safety and national security.

Q. What is Virus Hoax?

• Virus Hoax can be understood as a deceptive tactic aimed at spreading false
information about cybersecurity threats and malware attacks. A Virus Hoax, in
this context, typically involves the dissemination of misleading messages or
warnings through various communication channels, including emails, social
media platforms, and messaging apps. These messages often falsely claim the
existence of a computer virus or malware outbreak, exaggerating its severity
and potential impact on individuals and organizations.

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• Virus Hoaxes can be seen as a form of cybercrime or cyber deception, as they

manipulate fear and misinformation to achieve malicious objectives. While
Virus Hoaxes may not directly involve the perpetration of traditional criminal
acts such as theft or physical harm, they can still cause significant harm by
disrupting digital systems, spreading panic, and facilitating other forms of
cybercrime.
• Virus Hoaxes pose unique challenges due to the India’s extensive use of
digital technology and widespread internet connectivity. These hoaxes can
target individuals, businesses, government agencies, and other organizations,
exploiting vulnerabilities in cybersecurity awareness and infrastructure.

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Module - 3: Police, Criminal Justice, and Penology

Q. Theories of Punishment:
• Theories of punishment aim to justify the imposition of penalties or sanctions
on individuals who have committed crimes. These theories provide
philosophical and ethical frameworks for understanding the purposes and
principles underlying punishment.
• Here are some of the main theories of punishment:
o Deterrent Theory: Deterrent theory focuses on deterring individuals
from committing crimes by imposing penalties that outweigh the
benefits of criminal behaviour. It includes two main types of deterrence:
▪ Specific Deterrence: Punishment aims to reform individual
offenders by instilling fear of future punishment, discouraging
them from repeating criminal acts.
▪ General Deterrence: Punishment aims to deter potential
offenders in society at large by setting an example through the
punishment of individual offenders, thereby discouraging others
from committing similar crimes.
o Retributive Theory: Retributive theory asserts that punishment is
justified as a form of moral retribution for wrongdoing. It emphasizes
that individuals deserve punishment proportionate to the harm they
have caused or the moral wrong they have committed. Retribution
involves:
▪ Ensuring the punishment matches the severity of the offense.
▪ Upholding consistency in the application of punishment for
similar offenses.
▪ Ensuring offenders are aware of the consequences of their
actions.
o Preventive Theory: Preventive theory advocates for punishment as a
means to prevent future crimes and protect society from offenders. It
includes measures such as:
▪ Capital punishment or imprisonment to remove dangerous
individuals from society.
▪ Focusing on addressing underlying social, economic, and
psychological factors that contribute to criminal behaviour.
▪ Implementing reforms and interventions to prevent recidivism
and rehabilitate offenders.
o Reformative Theory: Reformative theory emphasizes the rehabilitation
and reformation of offenders as the primary goal of punishment. It
views punishment as an opportunity to:

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Subject: Criminology & Penology
By Jigar Ashar, Student, HVPS College of Law

▪ Help offenders recognize and address the root causes of their

criminal behaviour.
▪ Provide education, counselling, vocational training, and support
programs to facilitate their reintegration into society as law-
abiding citizens.
▪ Promote positive behavioural changes and personal growth to
prevent future criminality.

Q. Kinds of Punishment?
• Punishments are the consequences imposed by authorities upon individuals
who have committed crimes, with the aim of deterring future criminal
behaviour, upholding justice, and maintaining societal order.
• Here are various kinds of punishment:
o Death Penalty: Reserved for the most severe crimes, such as murder,
and involves the convicted individual being executed.
o Life Imprisonment: Involves imprisonment for the remainder of the
offender's natural life, with a minimum term of 20 years.
o Imprisonment:
▪ Rigorous Imprisonment: Involves hard labour or physical work
as part of the sentence.
▪ Simple Imprisonment: Does not involve hard labour and may
vary in duration based on the severity of the offense.
o Forfeiture of Property: Government seizure of assets belonging to the
convicted individual, which may be movable or immovable.
o Fine: Monetary penalty imposed on offenders, with the possibility of
imprisonment if the fine is not paid.
o Solitary Confinement: Isolation of the convict from the outside world,
as regulated by Section 73 of the IPC.

Q. What is Capital Punishment?

• Capital punishment, also known as the death penalty, is the most severe form
of punishment imposed by the state for the most heinous crimes, typically
crimes such as murder, espionage, or treason. It involves the deliberate
execution of an individual convicted of committing a capital offense.
• In a capital punishment scenario, the convicted individual is sentenced to
death following a legal trial process. The execution may take various forms
depending on the laws and customs of the jurisdiction, including methods
such as hanging, lethal injection, firing squad, electrocution, or gas chamber.
• The justification for capital punishment varies depending on philosophical,
legal, and ethical perspectives. Proponents argue that it serves as a deterrent
to potential offenders, provides justice for victims and their families, and

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Subject: Criminology & Penology
By Jigar Ashar, Student, HVPS College of Law

ensures societal order by removing dangerous individuals from society

permanently.
• However, opponents of capital punishment argue that it violates fundamental
human rights, is irreversible and prone to error, disproportionately affects
marginalized and vulnerable populations, and does not effectively deter crime.
• The use of capital punishment remains a highly controversial and debated
issue worldwide, with many countries abolishing it or imposing moratoriums
on its use due to concerns about its morality, effectiveness, and potential for
miscarriages of justice.

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