CONTENTS
PART I
CRIMINOLOGY
Chapter I
The Concept of Crime
Early concept of crime
Eighteenth And Nineteenth Century
Twentieth Century
Crime defined
Predatory Crime
Violent Crime
Incohate Crime
Hate Crime
Crime without a Victim
Classification of Crimes
Classification of offences under I.P.C.
Characteristics of Crime
Sin and Crime Distinguished
Crime and Morality
Conclusion
Chapter II
Nature and Scope of Criminology
Definition of Criminology
Criminology-Its Nature and Scope
Inter-Relation between Criminology, Penology and Victimology
Criminal Law-Its Nature and Elements
Perception of Criminal Law in Ancient India
Fundamentals of Modern Criminal Law
Sociology of Criminal Law
The purpose of Criminal Law
The Concept of Crime
Intention and motive distinguished
Criminology-Its importance
Objective of Criminology
Indian Concept of Criminology
Radical Criminology
Possibility of Science of Criminology
Neo-Criminology
Penology-Its future
Approach to Penology
Caution against Excessive Reformation
Victimology
Chapter III
The Schools of Criminology
1. Pre-classical School of Criminology
2. The Classical School
3. Neo-classical School
4. Positive School
Cesare Lombroso (1836-1909)
Enrico Ferri (1856-1928)
Raffaele Garofalo (1852-1934)
Gabriel Tarde (1843-94)
An appraisal of Positive School of Criminology
5. Clinical School of Criminology
6. Sociological School of Criminology
7. Control Theory of Crime
The Modern Criminology
Social Learning Theory
Modern Labeling Theory of Crime
Chapter IV
Causation of Crime
Heredity and Crime
Mental Disorder and Criminal Responsibility
Insanity under Indian Criminal Law
Bio-physical factors and criminality
Intelligence Testing and Crime
Mental retardation
Mental Illness
American View on Personality-type of Criminals
Earnest Hooton’s View
Sheldon’s Views on Criminality
Donald Taft
Freud’s theory of Criminal Behaviour
Glueck’s Psychiatric Theory of Crime
Psychological concept of crime
Aristotle’s Four Laws of Association
Conflict Theory of Crime
Gender-based Explanations of Female Criminality
Group Therapy
Chapter V
Sociological Theory of Crime
Sociological Theory of Criminal Behaviour
Theory of Differential Association
Multiple Factor Approach to Crime Causation
(1) Mobility
(2) Culture Conflicts
Sub-Culture
(3) Family Background
(4) Political Ideology
(5) Religion and Crime
(6) Economic Conditions
(7) Ecology of Crime
(8) Influence of Media
Crimes in Urban and Rural Areas
Neighborhood influences
Conclusion
Chapter VI
Tentative Theory of Crime
Criminality as a part of social behavior
Cultural Transmission Theory
Socio-cultural patterns and Criminal behavior
Tribals Norms and Criminality
Social Disorganisation Theory of Crime
Chapter VII
Crime and Economic Conditions
Relationship between economic structure and crimes
Marxists Theory
Bonger’s Economic Theory of Criminality
Criticism of Bonger’s Theory
Limitations of economic explanation of crime
Correlation between Poverty and Terrorism
Chapter VIII
Organised Crimes
Definition
(1) Organized predatory crime
(2) Crime Syndicate
(3) Criminal Racket
Other Criminal Rackets
(4) Political Graft
Main characteristics of organized criminals
Organised Crime in Insurance Sector
Organised Wildlife Skin Trading
Collective Violence
Definition of Collective Violence
Preventive Measures to reduce the potential for collective violence
Theories of Collective Violence
Communal Violence
Terrorism & Related International Crimes
Chapter IX
White Collar Crime
Historical Background
Definition of White Collar Crime
Classification of White Collar Crimes
Criticism of Sutherland’s views on White Collar Crime
Contributing Factors
White Collar Crime in India
Hoarding, Black-Marketing and Adulteration
Drug Trafficking as White Collar Crime
Tax-evasion
White Collar Crime in certain Professions
Medical profession
Engineering
Legal profession
Educational Institutions
White collar crime in business deals
Fake Employment Placement Rackets
White collar crime distinguished from conventional crime
Judicial Response
Remedial Measures
Crussade Against Corrupton
Chapter X
Cyber Crimes
Cyber Crime-Definition
Nature of Cyber Crime
Reasons for Cyber Crimes
Viruses
Virus Hoax
1. Computer as target of the crime
2. Computer as an Instrument Facilitating Crime
Traditional Classification
General Classification
Hacking
E-mail spoofing
Computer Vandalism
Cyber Terrorism
Cyber Pornography
Cyber Defamation
E-mail Frauds (Spam)
Money Laundering
Data diddling
Intellectual Property Crimes
Preventive Legal Measures Against Cyber Crime
Information Technology Act, 2000
The Information Technology Act, 2000
Offences under I.T. Act, 2000
Government Surveillance under Cyber Law
Investigation of Cyber Crimes
Adjudicating Officer
Cyber Appellate Tribunal
Judicial Response to Cyber crimes
International Perspective of Cyber Law
United States Cyber Law
Australian Cyber Law
Japanese Cyber Law
U.K. Computer Act
French Computer Crime Law
Chinese Cyber Law
Mauritius Cyber Law
Sri Lanka’s Cyber Crime Law
Pakistan
Bangladesh Cyber Law
Impact of Cyber Crimes
Precautionary Measures for Protection Against Cyber Crime
Chapter XI
Sexual Offences
Indian Perspective
Causes of Sex Delinquency
Remedial Measures
Crimes Against Woman
(1) Crimes against women under IPC
(2) Crimes against women under the special enactments
Incest
Homosexuals
Contraceptives-A Boon to Sex Offenders
Law Relating to Abortion in India
Medical Termination of Pregnancy Act, 1971
The Pre-natal Diagnostic Techniques Act, 1994
Foeticide
The Problem of Prostitution
The Immoral Traffic (Prevention) Act, 1956
International Dimensions of Human Trafficking
Rescue Homes For Destitute Women
Sex Ethics
Cruelty Against Woman by Husband or his Relatives
Domestic Violence Against Women
The Protection of Women From Domestic Violence Act, 2005
Protection Order that may be Passed under Section 18
Residence Order under Section 19
Monetary Reliefs to the Aggrieved Person (Section 20)
Counseling
Socio-Legal Perspective of PWDVA Act, 2005
‘Live in Relationship’ And Protection of Women from Domestic Violence
Sexual Harassment of Women at Work Places
What Constitutes Sexual harassment at Workplace
Dowry And Dowry Deaths
Protection of Women Against Possible Sex Harassment by Police Personnel :
Amendments of Law Relating to Rape :
Law relating to Rape as amended by the Criminal Law (Amendment) Act, 2013
Law Relating to Rape Needs to redefine Gender identities
Gang Rape
Other Changes Introduced by The Criminal Law (Amendment) Act, 2013
Relevant Cases
Marital Rape
Outraging Modesty of Women (Section 354)
Sexual Abuse of Children
Child’s Right Act, 2006
The Protection of Children From Sexual Offences Act, 2012
Acid Attack as an Offence (Sec. 326A of IPC)
Chapter XII
Alcoholism, Drug Addiction and Crime
Main Causes of Drug Addition
International Perspective of the Problem
Illicit Drug Trafficking
On-Line Drug Trafficking-A Menace
Classification of Drugs
Narcotic drugs statistics for the year 2018
Agency-wise Quantity Seized (in Kgs.) in the year 2018
Alcoholism
Drug-Addicts and Crime
Indian Law
Measures to Control Alcoholism & Drug Addiction
Enforcement Agencies
Remedial Measures
Drunkenness and Criminal Responsibility
Chapter XIII
Crime Statistics
Reliability of Crime Statistics
Sources of Criminal Statistics
National Crime Records Bureau (NCRB)
Crime Statistics in India
Table Showing IPC Crimes (State/UT-wise) During 2014-16
Table showing (crime-wise) Offences During 2014-2016
Table Showing Special & Local Laws Crimes 2014-2016
SLL Crimes-2014-2016
Conclusion
PART II
PENOLOGY
Chapter XIV
Theories of Punishment
Penology
Punishment
Concept of Punishment
Justification for Punishment
Theories of Punishment
Deterrent Theory
Retributive Theory
Preventive Theory
Reformative Theory
Efficacy of Punishment
Early Stages
Medieval Period
Rationalisation of Punishment
Modern or New Penology
Indian Perspective
Protection to Witnesses in Criminal Trials
Essentials of an Ideal Penal System
Penal Policy in India
Crime and Punishment : Need for a Re-look
Concluding Observation
Chapter XV
Forms of Punishment and Judicial Sentencing
Dharmashastra Interpretation of Punishment
‘Punishment’-Defined
Constraints in the use of punishment
Forms of Punishment
Flogging
Mutilation
Branding
Stoning
Pillory
Amercement
Fines
Forfeiture of Property
Collateral Sanctions (or Penalties)
Security Bond
Ostracism
Blanket Civil Death
Exile
Banishment
Solitary Confinement
Detention
House Arrest
Custodial Sentence
Imprisonment for Life
Life imprisonment as an alternative punishment to Death sentence Imprisonment
Capital punishment
Judicial Sentencing
Chapter XVI
Capital Punishment
Retributive Effect of Death Penalty
Deterrent Effect of Capital Punishment
Capital Punishment in Ancient Rome and Greece
English Law on Death Penalty
Ceylon
The Italian view
France
Death Sentence in U.S.A.
Global Perspective of Death Sentence
Safeguards against possibility of Miscarriage of justice due to irrevocability of Capital Punishment
Arguments ‘for’ death penalty (Retentionist’s view)
Arguments ‘against’ death sentence (Abolitionist’s view)
Capital punishment in India
Retention of Capital Punishment-How far justified
Retention preferred to Abolition
Law Commission’s Report on Capital Punishment Suicide as an offence
Should Euthanasia be legalized
Indian Position
Offences punishable with death sentence under IPC.
Indian Law on Death Penalty
Judicial Trend
Delay in execution of Death Sentence
Mode of Execution of Death Sentence
An Overview
Conclusion
Chapter XVII
The Police System
Origin of Police
Development of Police Organisation
America
Police Force in India
The Police set-up
Police Organisation Under the State Government
Police organization under Central Government
Police Commissioners
The Women Police
Offences which can be Registered and Investigated by Women Police
Home Guard Police
Preparatory Police Training Programme
The Problems of Police
Principles of Policing
The Role of Police
Legal Functions of Police
(1) Patrolling and Surveillance
(2) Preventive Functions-(Making arrests)
(3) First Information Report
(4) Conditional Release of Accused on Bond etc.
(5) Investigation by Police
(6) Interrogation of Offenders & Suspects
Modern Techniques of Interrogation
(7) Search and Seizure
(8) Maintain Inquest Register
(9) To Assist the Prosecutor
(10) Identification etc.
(11) Control of Juvenile Delinquency
(12)General Welfare Functions
Duties of Civil Police
Rural Policing in India
Police Welfare Centres
The National Police Commission
Justice Verma Committee (December 2012)
Police Custodial Torture (Human Rights Violation)
Reasons of Deaths in Police Custody
Supreme Court’s Directives for avoidance of Custodial Crimes
Police-Public Co-operation
NHRC Guidelines on Police-Public Relations
Police Advisory Committees
Judiciary’s Attitude Towards Police
Citizen’s Voluntary Force
Modernization of Police
Malimath Committee Report on Police Functioning
Smart Police Vision
The Police Sniffer Dogs
INTERPOL
International Perspective of the Police
Chapter XVIII
The Criminal Law Courts
Adversarial and Inquisitorial Systems
Court’s Role in Dispensation of Criminal Justice
The British Criminal Law Courts
Trial by Jury
The American Criminal Law Courts
Plea Bargaining & Plea of NOLO Contendere
Prosecuting Attorney (Prosecutor)
Video-Conferencing in American Courts
Criminal Law Courts in Ancient India
Criminal Court’s of Medieval Period
Criminal Courts of British India
Criminal Court of India after Independence
The Nyaya Panchayats
Lok Adalats
Cognizance of Cases by Lok Adalat
The Legal Services Authorities Act, 1987
Lok Adalats for Under-trial Prisoners
SC/ST (Prevention of Atrocities) Act, 1989
Law Relating to Bail
Role of Investigating Agencies
The Court of Criminal Trial
Trial Proceedings
The object of Criminal Trials
The Code of Criminal Procedure, 1973
Code of Criminal Procedure (Amendment) Act, 2005
Functions of Criminal Law Court
Deficiencies in Working of the Criminal Law Courts
Control over Criminal Law Courts
e-Courts
Videoconferencing
Judicial Data Grid
Fast Track Courts
Plea for Setting up a Judicial Ombudsman
Need for International Criminal Court
Concluding Observation
Chapter XIX
The Prison Administration
The American Prison System
Penn’s Charter of 1862
The Pennsylvanian System
The Auburn System
The Elmira Reformatory
The Illionis Prison, 1933
The British Prison System
The Beginning of Prison-Reforms in U.K.
Transportation of British Prisoners to Colonies in America and Australia
The Standard Minimum Rules for Treatment of Prisoners Contribution of Sir Lionel Fox to Prision Reforms in UK
The Modern British Prison System
The Russian Prisons
International Penal and Penitentiary Commission and Prison Reforms
Prisons in Ancient India
Prisons in British India
Indian Jail Reforms Committee 1919-20
Indian Prison onwards 1950
Reformative Measures for Prison Inmates
Plea for setting up Prison Panel
Role of Prisons in Modern Penology
Prison Problems
The problem of Overcrowding in Prisons
The Problem of Prison Discipline
The Problem of Prisoners’ Health
The Problem of Criminality in Prisons
Self-Government in Prisons
Prison Labour
The Prison Community
Classification of Prisoners
Overall Statistical View of Indian Prisons
Prison Population in 2017
Jail Reform Committee’s (1980-83) View on Classification of prisoners
Prison Rules
Rights of Prisoners
The Problem of Undertrial Prisoners
Under-Trial Review Committee, 2013
Prison Authorities to inform undertrials about their legal rights
Bar Against Handcuffing
Solitary Confinement
Prison Reforms
Transfer of Dreaded Prisoners to Another State’s Jail
Problem of Overcrowding of Prisoners
Custodial Torture in Prisons
Judicial Mandates Regarding prisoners & Detenues
Judicial Directives for Prison Administration
Rehabilition of Prisoners
After-care of released prisoners
The Repatriation of Prisoners Act, 2003
Prisoners Management System
Model Prison Manual, 2016
Chapter XX
Open Prisons
Definition of Open Prison
Origin of Open prisons
Open Prisons in U.S.A.
The Californian Prison Farms
The Philosophy underlying Open Prisons in USA
International Perspective
Open Prison Institutions in European Countries
Netherlands (Holland)
France
Norway and Sweden
Educative Reformative Work in Hungary
Australia
Thailand
Middle-East Countries
Open Air Camps in India
Origin and Development
Main Characteristics of Open Prisons
Advantages of open prisons
Open Air Prisons in Different States if India
Early Sampurnanand Camps in U.P.
1. Sampurnanand Camp, Chakiya
2. Sampurnanand Camp, Naugarh
3. Sampurnanand Camp, Shahgarh
4. The Saraya Ghat Camp (Varanasi)
Sampurnanand Agricultural-cum-Industrial Camp, Sitarganj
(district Nainital), Uttaranchal
Open Air Camp in India at Durgapur
Open Prisons in Maharashtra and Andhra Pradesh
Nav Jiwan Shivir at Mungaoli (Madhya Pradesh)
Nav Jiwan Shivir at Lakhimpur (M.P.)
Open Prison, Hoshangabad (M.P.)
Critical Appreciation
Chapter XXI
Executive Clemency, Good Time Laws
And Indeterminate Sentence
Pardoning Power
Disposal of Mercy Petitions During 1950-2016
Scope of Judicial Review of Pardon Power
Commutation of Sentence
Amnesty
“Good Time” Laws
“Good Time” Laws in India
Indeterminate Sentence
Origin of Indeterminate Sentence
Critical Appreciation of Indeterminate Sentence
Merits
Demerits
Suspended Sentence
Chapter XXII
Parole
The Concept of Parole
Definition of Parole
Parole and Indeterminate Sentence-Distinguished
Parole and Probation Compared
Parole Distinguished from Furlough
Origin of Parole in U.S.A.
The Educative Reformative Scheme in Hungary
The British Parole System
Parole in India
Structural set up of Parole Boards and their Functions
Conditions of Parole
Delhi Parole/Furlough Guidelines, 2010
Parole/Furlough Under the Delhi Jail manual, 2018
Judicial Trend
Parole Violation
Essentials of an Ideal Parole System
The Object of Parole
Chapter XXIII
Probation of Offenders
Concept and Definition of Probation
Probation is a Conditional Suspension of Sentence
Object of Probation
Probation and Suspended Sentence-Distinguished
Origin of the Probation System
Probation in U.S.A.
Probation in U.K.
Probation in European Countries
Probation in Sweden
Probation System in Japan
Probation in India
Historical Perspective of probation Law in India
Legislative History of Probation Law in India
The Probation of Offenders Act, 1958
Procedure
Other Enactments
Scope of Probation under Section 360 of Cr. P.C. and Probation of Offenders Act compared
Judicial Trend
No Release on Probation in Sexual Offences
No Benefit of Release on probation for Accused who has Criminal Antecedents
Probation in Assault and Injury cases
Removal of Disqualification attached to Conviction
Applicability of Probation Law in Public Welfare offences
No Probation for Convicted Corrupt Persons
Age of the Offender
Pre-sentence Report
The Place of Probation in the Penal Policy
Major Function of the Probation Officer
Protection to probation Officer for acts done in good faith
Critical Appreciation of probation as a Correctional Measure
Some useful Suggestions
Public Participation in Probation Service
Chapter XXIV
Juvenile Deliaquency
Movement for Juvenile Justice
Juvenile Delinquency-What it means?
How Juvenile Justice System is different from Criminal Justice System
Causes of Juvenile Delinquency
Juvenile Justice in U.K.
Juvenile Justice in U.S.A.
Juvenile Delinquency in other Countries
International Concern for Juvenile Justice
Juvenile Justice in India
Historical Conspectus of Juvenile Justice Law in India
The Juvenile Justice Act, 1986 (repealed by J.J. Act, 2000)
The Juvenile Justice (Care and protection of Children) Act, 2015
Claim of Juvenility
The Basis for deciding Juvenility
Relevant date as to determination of age of the Juvenile in conflict with law is the date on which offence is committed and not the date on which the juvenile is brought before the Court for trial.
Juvenile Justice Board
Special Procedure of the Juvenile Justice Board
Release of Juvenile on Bail
Dispositional Order
Release of Juvenile on Probation
Orders which the Juvenile Justice Board cannot make :
Removal of Disqualification attaching to Conviction of Juvenile
Pending cases-Disposal of
Crimes against Juveniles and Penalties for them
Children in need of Care & Protection
Social Reintegration of Juveniles in Conflict with Law and
Neglected Children
Miscellaneous provisions Concerning Juvenile Justice Administration
Main features of Juvenile Justice (Care & Protection of Children)
Amendment Act, 2015
Special Juvenile Police Units
Trial of Juveniles where there is no Juvenile Court (Now Juvenile Justice Board)
An Appraisal of the Juvenile Justice System in India
Treatment of Juvenile in Conflict with law and Children in Need of Care & Protection
Observation Homes
Special Homes or Correction Homes
Certified Schools
Separate Schools & Hostels for the Children of Prostitutes
Borstals
Borstal system in India
Clinical Service can Serve Best to prevent Juvenile Delinquency
Chapter XXV
Recidivism
Who is a Recidivist?
Causes of Recidivism
Recidivism-Psychological Perspective
Recidivistic Offenders
Measures to combat Recidivism
Recidivism in India
Table Showing Recidivists Convicted During 2010-2017
Supreme Court on Recidivism :
Prevention of Recidivism
Chapter XXVI
Crime Prevention
The Present Scenario
Distinction between Crime Prevention and Treatment
Prevention of Juvenile Crimes
Suggested changes in Criminal law & Procedure
Problems involved in Crime Prevention
Widespread Corruption
Evolving Cyber Crimes
Politicalisation of democratic institutions
Terrorism
International perspective of Crime Prevention
United Nations Congresses on the Prevention of Crime and the Treatment of Offenders
The First Congress 1955 (Geneva)
The Second Congress 1960 (London)
The third Congress 1965 (Stockholm)
The Fourth Congress 1970 (Kyoto)
The Fifth Congress 1975 (Geneva)
The Sixth Congress 1980 (Caracas)
The Seventh Congress, 1985 (Milan)
The Eighth Congress 1990 (Havana)
The Ninth Congress 1995 (Cairo)
The Tenth Congress 2000 (Vienna)
The Eleventh congress, 2005 (Bangkok, Thailand)
The Twelfth UN Congress on Crime Prevention and Criminal Justice (Salvador, Brazil) 2010
The Thirteenth UN Congress on Crime Prevention and Criminal Justice (Doha, Qatar) 2015
Concluding Observations
PART III
VICTIMOLOGY
Chapter XXVII
Victimology
Victimology-Definition & Meaning
Historical Perspective
UN Declaration of Principles of Justice for Victims of Crime & Abuse of Power (1985)
Victimological Developments in Indian Criminal Law Jurisprudence Justice malimath Committee Report (2003)
Theories of Victimology
‘Penal Couple’ concept
Victims of Crime
1. Victims of Crime
2. Victims of Abuse of Power
Providing Redress to Victims
Victims
Impact of Victimization
Psychological impact
Secondary Victimization From Criminal Justice and Society
Persons with disabilities as victims of crime
Restorative Justice for Crime victims
Victim’s Assistance programme
Advisory Group
Type of Services
Safeguarding Victim’s Rights through Legal Reforms
Care and Protection of Victims in other Countries
South Asian Society of Criminology & Victimology (SASCV)
Victims of Crime Act, 1996 (CANADA)
UN General Assembly Resolution on Restitution and Compensation, 2005
Victims of Crime-Indian Position
Victims of Rape
Compensatory relief to victims
Compensatory Provisions in Cr. P.C.
Compensation under Probation of Offenders Act, 1958
Compensation to victim under Motor Vehicle Act, 1988
Compensation for SC/ST victims of Crime Raised
Compensatory Relief to Victims-Judicial Trend
Victims right to Partake in Criminal Proceedings
APPENDICES
I. The Unlawful Activities (Prevention) Act, 1967
II. The Criminal Law (Amendment) Act, 2013
III. The Criminal Law (Amendment) Act, 2018
IV. The Protection of Children From Sexual Offences Act, 2012
V. The Immoral Traffic (Prevention) Act, 1956
VI. The Dowry Prohibition Act, 1961
VII. The probation of Offenders Act, 1958
VIII. The Juvenile (Care and Protection of Children) Act, 2015
IX. The Protection of Women from Domestic Violence Act, 2005
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