Synopsis
Crime is a universal social phenomenon that exists in every society,
irrespective of time and place. With the growth of society, changes in social
values, and advancement in technology, the nature of crime and criminal
behaviour has also undergone significant transformation. To understand crime
effectively, it is necessary to study not only its legal meaning but also its
social and criminological dimensions. Criminology, as a scientific and
interdisciplinary subject, examines the concept of crime and criminals, their
classification, causes, and consequences, along with methods of prevention,
control, and reformation. The study of the concept of crime, classification of
crimes and criminals, and the nature and scope of criminology helps in
understanding how society responds to crime and how criminal behaviour can be
reduced through effective legal and social measures.
The word crime is derived from the Latin word “crimen”, meaning charge
or accusation. In general terms, crime refers to an act or omission
prohibited by law and punishable by the state.
Legal perspective, crime is an
offence against the law of the land. In India, crimes are defined
under statutes such as the Indian Penal Code, 1860, Bharatiya Nyaya
Sanhita, 2023 and special laws.
For an act to
be called a crime, the following
elements must be present:
Ø
Human Being
Crime must be committed by a human being. Natural events or acts of animals are
not crimes.
Ø
Voluntary
Conduct
The act must be done voluntarily.
An involuntary or accidental act is generally not a crime.
Ø
Act or
Illegal Omission
o
Act:
Doing something prohibited by law
o
Omission:
Failure to do something which the law requires
Ø
Punishability
by Law
The act or omission must be punishable
under law. If there is no legal punishment, it is not a crime.
Sociologists
define crime as an act that violates the social norms, customs, and values
of society.
According to this view, crime is not only a legal concept but also a social concept. What is considered a crime
may change from time to time, place to place, and culture to culture.
An act that is acceptable in one society or period may be treated as a crime in
another.
According to Sutherland, crime is behaviour that is learned through social interaction. Criminology does not limit itself to legal definitions but studies crime as a social phenomenon.
1. Studies
the causes, patterns, and effects of
crime
2. Treats
crime as a social phenomenon
A criminal is a person who commits an act that is punishable by law
and is declared guilty by a competent court.
A person becomes a criminal only after
conviction, not merely by accusation.
Criminology
does not see a criminal only as a lawbreaker.
Instead, it studies the criminal as a human
being influenced by many factors.
According to
criminology, criminal behaviour is shaped by:
Ø Biological factors (physical or mental
conditions)
Ø Psychological factors (mind, emotions,
personality)
Ø Social factors (family, poverty,
education, environment)
Sethna states that criminals are made by society, not born as criminals.
Modern criminology believes that the aim of punishment should
be reformation and rehabilitation,
not revenge or harsh punishment.
Crimes are classified in different ways to
understand their nature, seriousness, and
impact on individuals and society. One important method is
classification based on the nature of the
offence.
Crimes against person are offences that cause physical injury, mental suffering, or threat to
life of an individual. These crimes directly affect the personal safety
and dignity of a person.
·
Murder
·
Assault
·
Kidnapping
· Rape
Such crimes are considered serious because
they violate basic human rights.
Crimes against property involve illegal interference with another person’s property.
The main intention behind these crimes is usually financial gain. Though these crimes may not always cause
physical harm, they create insecurity and economic loss.
· Theft
·
Robbery
·
Dacoity
· Cheating
Though these crimes may not always cause
physical harm, they create insecurity and economic loss.
Crimes against society are acts that disturb
public order, morality, and social values. These offences affect
society as a whole rather than a single individual.
·
Prostitution
·
Drug trafficking
·
Gambling
· Human trafficking
Crimes against the State are offences that threaten the security, sovereignty, and integrity of the nation.
These crimes are committed against the government or nation itself.
·
Treason
·
Sedition
· Espionage
These are considered very serious offences because they endanger national stability.
Crimes can be classified based on their seriousness or gravity. This classification helps the court decide the type and extent of punishment.
Ø Felonies
– Felonies are serious
offences that cause grave harm to individuals or society. These crimes
usually attract severe punishment such as long-term imprisonment or death
penalty. Examples include murder and rape.
Ø Misdemeanours – Misdemeanours are less serious offences and generally involve lighter punishment. These crimes cause limited harm and include offences such as minor assault and petty offences.
Crimes can also be classified based on the motive or purpose behind committing them. Understanding motivation helps in crime prevention and treatment of offenders.
Ø Economic
crimes – Economic crimes are committed for financial gain. These crimes harm the
economy of the country and include smuggling,
corruption, and tax evasion.
Ø Political
crimes – Political crimes are committed against the State or government with political
objectives. Examples include terrorism
and insurgency, which threaten public order and national security.
Ø Sex
crimes – Sex crimes are offences committed against a
person’s sexual dignity and bodily
integrity. These include rape
and molestation and are considered serious crimes due to their impact
on victims.
Ø White-collar
crimes – White-collar crimes are committed by educated and respectable persons during
the course of their occupation for personal gain. Examples include fraud and bribery. The term white-collar crime was coined by Edwin H. Sutherland.
Criminals are classified in different ways to
understand their nature, behaviour, and
causes of criminality. Such classification helps in adopting proper
methods of punishment, treatment, and
reformation.
Ø Habitual criminals – Habitual criminals
are persons who repeatedly commit crimes
and develop a habit of offending. Crime becomes a regular part of their life,
often due to lack of reform or social conditions.
Ø Professional criminals – Professional
criminals
are those who commit crimes as a means of
livelihood. They treat crime as a profession and include pickpockets, burglars, and smugglers.
Ø Occasional criminals – Occasional criminals
are persons who commit crimes occasionally
due to circumstances such as poverty, anger, provocation, or sudden
temptation. They are not regular offenders.
Ø Insane criminals – Insane criminals
are individuals who suffer from mental
illness at the time of committing the offence. Their ability to
understand the nature or consequences of their act is impaired.
Ø Neurotic criminals – Neurotic criminals
commit crimes due to emotional
instability, stress, or inner conflicts. Their criminal behaviour
arises from psychological imbalance rather than intention.
According to Cesare Lombroso, some individuals are born criminals with physical and mental
traits that predispose them to crime. He also classified criminals as insane criminals, criminaloids,
and occasional criminals. Although this theory is now considered outdated, it remains important for academic study in criminology.
Modern criminology classifies criminals based on behavioural patterns and social conditions.
Juvenile delinquents are young
offenders below a certain age.
First-time offenders commit a
crime for the first time.
Recidivists are criminals who repeat offences even after punishment.
White-collar criminals commit
crimes like fraud and bribery in professional settings.
Cyber criminals commit crimes
using computers and the internet.
The nature
of criminology explains what kind of subject criminology is and how it
approaches the study of crime and criminals.
Criminology is a scientific discipline because it studies crime and
criminal behaviour using systematic and
scientific methods. It observes facts, analyses data, and draws
conclusions based on research and evidence rather than assumptions.
Criminology is an interdisciplinary subject, meaning it borrows knowledge from many other disciplines. It uses principles from sociology to understand society,
Ø Psychology to study the human mind,
Ø Law to understand offences and punishment,
Ø Biology to study physical traits,
Ø Economics to analyse poverty and unemployment, and
Ø Political
science to study the role of the State.
Criminology is dynamic and progressive in nature. It continuously changes with
Ø
Social development,
Ø
Technological advancement, and
Ø Changing patterns of crime.
New crimes such as cybercrime and
digital fraud have expanded the scope of criminology.
Criminology is both empirical and normative. It explains crime through facts and observations and also suggests measures for crime prevention, control, and reform of criminals.
Thus, it not only studies crime but also helps in improving society.
The scope of
criminology is very wide. It covers not only the study of crime but
also criminals, victims, punishment, and the criminal justice system.
Criminology studies the nature of crime, its causes, the patterns in which crimes are committed, and the trends of crime in society. This helps in understanding why crimes occur and how they change over time.
Ø Nature
Ø Causes
Ø Patterns
Ø Trends
Criminology examines criminals in detail by studying their personality, behaviour, motivation, and social background. This helps in identifying the factors that lead a person to commit crime and in planning proper reformative measures.
Ø Personality
Ø Behaviour
Ø Motivation
Ø Social
background
Modern criminology also focuses on victims of crime. It studies the role of victims in crime, the need for victim compensation, and measures for victim protection. This branch of study is known as victimology.
Ø Role
of victims
Ø Victim
compensation
Ø Victim
protection
Penology is an important part of criminology. It deals with punishment, prison systems, and methods of reformation and rehabilitation of offenders. The main aim is to reform criminals and help them re-enter society as law-abiding citizens.
Ø Punishment
Ø Prison
system
Ø Reformation
and rehabilitation
Criminology plays a major role in preventing and controlling crime. It studies the role of policing, social defence, and correctional services in maintaining law and order and reducing crime in society.
Ø Policing
Ø Social
defence
Ø Correctional
services
Criminology also examines the working of the criminal justice system, which includes the police, courts, prisons, probation, and parole. It analyses how these institutions function together to deliver justice and maintain social order.
Ø Police
Ø Courts
Ø Prisons
Ø Probation
and parole
Crime and criminal behaviour are complex social realities influenced by
legal, social, psychological, and economic factors. The concept of crime cannot
be understood only from a legal point of view, as social values and human
behaviour play an important role in shaping what is considered criminal.
Similarly, criminals are not merely lawbreakers but individuals shaped by their
environment, circumstances, and personal conditions. The classification of
crimes and criminals helps in understanding their nature, seriousness, and
causes, enabling the justice system to adopt appropriate methods of punishment
and reform. Criminology, by its scientific, interdisciplinary, and dynamic
nature, provides a comprehensive framework for studying crime, criminals,
victims, and the criminal justice system. Through its wide scope, criminology
aims not only to control crime but also to prevent it by emphasizing
reformation, rehabilitation, and social justice, thereby contributing to a
safer and more orderly society.