0% found this document useful (0 votes)
13 views18 pages

Criminology Unit - 1

Criminology is the study of crime, focusing on understanding its causes, societal reactions, and prevention methods. It encompasses various theories, including social, biological, and psychological perspectives, to explain criminal behavior and its relation to social, cultural, and economic factors. The field is essential for improving justice systems and adapting to evolving crime patterns, particularly in the context of modern challenges like cybercrime.

Uploaded by

Priya Chahal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
13 views18 pages

Criminology Unit - 1

Criminology is the study of crime, focusing on understanding its causes, societal reactions, and prevention methods. It encompasses various theories, including social, biological, and psychological perspectives, to explain criminal behavior and its relation to social, cultural, and economic factors. The field is essential for improving justice systems and adapting to evolving crime patterns, particularly in the context of modern challenges like cybercrime.

Uploaded by

Priya Chahal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

Introduction

Criminology is the study of crime and criminals. It helps us understand why people commit
crimes, how society reacts to crime, and what we can do to prevent it. As our world changes,
crime is also changing—for example, we now see crimes happening online. That’s why studying
criminology is important. It helps governments, police, and other people make better decisions to
keep society safe and fair. In this explanation, we will learn what criminology means, why it is
studied, what its features are, and how wide its study area is.

Meaning of Criminology

Criminology means the study of crime. It looks at how and why crimes happen, who commits
them, and how society can deal with them. The word comes from two parts: “crimen” (Latin for
crime) and “logos” (Greek for study). So, criminology simply means “the study of crime.” It tries
to answer questions like:

• Why do people commit crimes?


• How can we stop crime?
• What punishments or solutions work best?

Meaning of crime

Crime is any act or behavior that is forbidden by law and is punishable by the state. When a
person breaks the law, they may be arrested, tried in court, and given a punishment such
as a fine, imprisonment, or community service. Crimes are considered harmful not just to
individuals but to society as a whole.

Definition of Crime:

“Crime is an act that goes against the law and is punishable by the government or legal
authority.”

Legal Definition:
1. “Crime is an act or omission which is prohibited by law and punishable by the
state.”
– This means that even failing to do something you are legally required to do
(like paying taxes) can be a crime.
Social Definition:
2. “Crime is behavior that violates the norms and values of society, whether or not it is
punished by law.”
– Some actions may be seen as wrong by society even if they are not illegal.

Purpose of Criminology
The main goals or reasons for studying criminology are:

1. To understand crime – Find out why people break the law.


2. To prevent crime – Learn how to stop crime before it happens.
3. To improve the justice system – Help make police, courts, and prisons work better
and more fairly.
4. To help victims – Understand their rights and how to support them.
5. To guide laws and policies – Give useful information to people who make laws or
run justice systems.

Nature of Criminology The nature (or main features) of criminology include:

• It is scientific – Criminology uses research, facts, and studies to understand crime.


• It is based on many subjects – It uses ideas from sociology, psychology, law, and
more.
• It is practical and theoretical – It builds theories and also solves real-world
problems.
• It keeps changing – As crime and society change, criminology changes too.
• It asks questions about fairness – It looks at whether laws and punishments are
fair and just.

Scope of Criminology

Criminology covers many different areas, such as:

Criminal Etiology: Study of the causes and origins of criminal behavior.


2. Penology: Analysis of punishment, corrections, and rehabilitation of offenders.
3. Victimology: Focus on victims of crime, their experiences, rights, and role in the justice
process.
4. Comparative Criminology: Study of crime patterns and criminal justice systems across
different countries and cultures.
5. Forensic Criminology: Application of criminological knowledge in legal investigations
and court cases.
6. Environmental Criminology: Examines how geographic and environmental factors
influence crime.
7. Cyber Criminology: Study of crimes in digital environments, such as hacking, identity
theft, and online fraud
8. Juvenile Delinquency: Investigation into the causes and control of youth offenses.
9. Sociology of Law: Examines the social aspects of laws, legal institutions, and their
impact on crime.
Role of social , cultural and economic factors factor in crime

Crime is not just a legal issue; it is also deeply connected to society, culture, and the economy.
What is seen as a crime in one place or time might not be seen the same way in another. This is
because people's ideas about right and wrong are shaped by their social values, cultural beliefs,
and economic conditions. These factors influence how we define crime, how people perceive it,
and how the law is made and applied. In this discussion, we will examine the role of social,
cultural, and economic factors in shaping the definition and perception of crime in society and
how these factors influence what is considered criminal behavior in the eyes of the law.

1. Social Factors and Crime

Social factors include the structure of society, relationships among people, and shared values or
norms. These play a key role in how crime is understood.

• Social norms change over time. For example, homosexuality was once seen as a
crime in many societies, but today, in many countries, it is legal and accepted.
• Peer pressure and lack of education can lead people, especially youth, to commit
crimes such as theft or gang violence.
• Urbanization and social inequality can also increase crime in cities where people
feel disconnected or marginalized.

Example: In some societies, drug use is seen as a health issue and users are offered
rehabilitation. In others, it is seen as a serious crime, and users are punished. This shows how
social views influence legal actions.

2. Cultural Factors and Crime

Culture includes the traditions, beliefs, and values shared by a group of people. Different cultures
have different views on what is acceptable behavior.

• Cultural traditions may cause certain actions to be accepted in one community


but seen as criminal in another.
• For example, some cultures accept child marriage as a tradition, but in many
countries, it is considered a crime against children.
• Some crimes are also based on cultural taboos, such as blasphemy, which may be
illegal in some religious societies but not in secular ones.

Example: In some countries, speaking against religion can lead to arrest under blasphemy laws,
while in others, freedom of speech protects such acts. This shows how culture influences law.
3. Economic Factors and Crime

Economic conditions have a major influence on both the causes of crime and how society defines
it.

• Poverty and unemployment can lead to crimes such as theft, robbery, or drug
trafficking, as people struggle to meet their needs.
• Economic inequality can lead to feelings of injustice, leading some individuals to
turn to crime as a form of protest or survival.
• In contrast, wealthy individuals may commit white-collar crimes (like fraud or tax
evasion), which are often treated less harshly due to their social status.

Example: During economic crises, crimes like looting and fraud often increase. Also, poor
people stealing food due to hunger may be punished, while corporate fraud may receive less
public attention—showing inequality in how crime is perceived and handled.

Influence on Legal Definitions of Crime

All these factors affect how laws are made and enforced. Laws are not fixed—they change with
social and cultural values. This means that what is considered a crime today may not be
tomorrow, and vice versa.

• Legal systems often reflect the dominant values of the society. If society becomes
more open, laws may become more liberal (for example, legalizing same-sex
marriage or marijuana use).
• When cultural beliefs are strong, laws may be made to protect those values, even if
they limit individual freedoms.
• Economic interests can also shape laws—rich and powerful groups may influence
legal definitions to protect their own benefits.

Example: Laws against child labor were created after society and governments recognized the
need to protect children, which was influenced by social movements, education, and economic
changes.

Conclusion

Criminology is an important subject that helps us understand crime, criminals, and the justice
system. It gives useful knowledge to reduce crime and improve safety in society. As new types
of crime appear and society keeps changing, criminology continues to grow and stay important.
By studying criminology, we can build a better justice system that not only punishes crime but
also prevents it and helps both victims and offenders.
Theories of Crime

Introduction

Understanding why people commit crimes is one of the most important goals of
criminology. Over time, many scholars have tried to explain the reasons behind criminal
behavior. These explanations are known as theories of crime. These theories help us
understand the causes of crime and guide how we prevent it and respond to it through law
and justice systems. Different theories focus on different aspects—some look at a person’s
biology, others at their environment, and some at their way of thinking. In this explanation,
we will look at major theories of crime, including examples and case references where
possible.

Crime is not a random act—it has reasons behind it. Over the years, many scholars have
tried to explain why people commit crimes, resulting in different theories of crime. Each
theory looks at a different cause—some believe crime comes from social and economic
conditions, while others believe it’s related to mental health, biology, or politics. By
studying these theories, we can understand criminal behavior more deeply and work to
reduce crime in society.

Types

1. Social theory
2. Biological theory
3. Economic theory
4. Psychological theory
5. Political theory

Social Theory of Crime

Crime is not just a personal choice; it is often shaped by the society in which a person lives.
The Social Theory of Crime argues that criminal behavior is largely influenced by social
conditions, relationships, and environments. Unlike biological or psychological theories
that focus on the individual, social theories look at how external factors such as poverty,
family structure, peer groups, education, and neighborhood conditions affect crime rates.
This theory is essential in understanding the social roots of crime and developing effective
strategies for crime prevention.
Meaning

The Social Theory of Crime explains that individuals learn criminal behavior through
interaction with others, especially in environments where criminal actions are normalized
or accepted. It suggests that crime is not inherited or caused by mental illness but is a
product of social learning, social pressure, and lack of proper social control.

Thinkers and Theories

Several criminologists have developed theories within the broader framework of social
theory:

1. Social Disorganization Theory – Shaw and McKay

Suggests that crime is more common in neighborhoods with weak social institutions, such
as poor schools, broken families, and lack of community control.

These areas often experience high crime rates, not because of individual behavior, but due
to environmental instability.

2. Strain Theory – Robert K. Merton

Argues that crime occurs when people are unable to achieve social goals (like wealth or
success) through legal means.

This “strain” leads some individuals, especially in disadvantaged communities, to turn to


illegal activities like theft, drug dealing, or fraud.

3. Differential Association Theory – Edwin Sutherland

Proposes that criminal behavior is learned through interaction with others.

If a person is surrounded by people who support criminal activities, they are more likely to
commit crimes themselves.

4. Labeling Theory – Howard Becker

Suggests that when society labels someone as a “criminal,” it can lead to further criminal
behavior.

Once labeled, the person may begin to act according to that identity, especially if they are
excluded from regular social roles.

Nature of Social Theory of Crime

External focus: Looks at community, social class, education, and peer influence.
Environmental influence: Believes crime is a result of social surroundings, not personal
faults.

Changeable: Crime can be reduced by improving social conditions like schools,


employment, and community programs.

Examples

1. Youth Gang Involvement:

Children growing up in high-crime neighborhoods with broken families and poor schooling
often join gangs, not because they are born criminals, but because it provides a sense of
identity and protection.

2. Slum Areas and Crime Rates:

Research shows that urban slums with overcrowding and poverty have higher rates of theft
and violence, supporting the idea that crime is linked to social disorganization.

Case Reference

Case: Miller v. Alabama (2012, U.S. Supreme Court)

In this case, the court ruled that life imprisonment without parole for minors is
unconstitutional. The judgment recognized that social and developmental factors,
including upbringing and peer influence, play a major role in a child’s behavior.

Criticism of Social Theory

It sometimes ignores individual responsibility and internal factors like mental health.

Not all people in poor or troubled environments commit crimes.

It may not explain white-collar or cybercrimes, which are often committed by wealthy or
educated individuals.

Biological Theory of Crime


Introduction

Crime has many causes, and one way to understand it is by looking at the biological makeup of
individuals. The Biological Theory of Crime suggests that some people may be more likely to
commit crimes because of genetic, neurological, or physical traits. This theory argues that
criminal behavior can be influenced by things people are born with, rather than just social or
psychological factors.
Meaning and Concept

The Biological Theory of Crime is based on the idea that certain biological characteristics—
like brain structure, genetics, hormones, or physical appearance—can make a person more prone
to committing crimes. It assumes that criminal behavior is partly inherited or the result of
biological conditions.

Origin and Historical Background

The theory originated in the 19th century, mainly through the work of Cesare Lombroso, an
Italian criminologist. He is known as the "father of modern criminology." Lombroso believed
that criminals could be identified by physical features, like large jaws or long arms, which he
called atavistic features—meaning people who were not fully evolved.

Nature of Biological Theory

• Focuses on internal and physical factors.


• Assumes that some individuals are born with criminal tendencies.
• Often connected with medical and scientific studies, such as brain scans or
hormone levels.
• Tries to explain crime through science and biology, rather than environment or
choice.

Key Contributors and Modern Views

1. Cesare Lombroso (1876)


o Believed criminals had biological defects and were "born criminals."
o Measured skulls and bodies of prisoners and claimed they had primitive
features.
2. William Sheldon – Somatotype Theory
o Linked body types to behavior. For example, mesomorphs (muscular
individuals) were more likely to be aggressive and criminal.
3. Twin and Adoption Studies
o Modern research shows that identical twins raised in different environments
often show similar criminal behavior, suggesting a genetic link.
4. Brain Studies
o People with brain injuries or disorders (especially in the frontal lobe) may
have poor impulse control, leading to criminal actions.
5. Hormonal Imbalance
o High levels of testosterone or chemical imbalances can affect behavior,
making a person more aggressive or violent.
Examples

• Serial killers like Richard Speck were found to have abnormal chromosomes (XYY
pattern), though this theory is debated.
• People with brain tumors or damage (e.g., Phineas Gage case in psychology) often
show sudden personality and behavioral changes.
• Some violent criminals have been found to have low activity in brain areas related
to emotion and control.

Relevant Case Law

• Parsons v. State (1886, U.S.)


The court ruled that a person suffering from mental illness or brain disorder may not be
fully responsible for their actions, recognizing a biological cause for crime.
• R v. Byrne (1960, UK)
A man with severe mental disorder was convicted of murder but given a lesser sentence
because his abnormal mind was proven in court.

Criticism of Biological Theory

• It may promote discrimination, suggesting some people are born criminals.


• It often ignores environmental and social factors like poverty, education, and peer
influence.
• Many people with biological disorders do not commit crimes.
• Modern science says behavior is a mix of biology and environment, not biology
alone.

Psychological Theory of Crime


Introduction
Crime is not only shaped by society or biology; it can also be influenced by how a person
thinks, feels, and behaves. The Psychological Theory of Crime explains criminal behavior
through the lens of Individual psychology, focusing on mental health, personality,
emotions, and early childhood experiences. This theory believes that some people commit
crimes due to internal psychological problems such as trauma, mental illness, or faulty
thinking.
Meaning and Concept
The Psychological Theory of Crime is based on the idea that criminal behavior results from
mental and emotional disturbances, abnormal personality traits, or improper learning
during development. It looks at crime as a result of thought processes, decision-making,
impulse control, and emotional imbalance.
Focuses on individual behavior and mind.
Sees crime as a result of mental or emotional problems.
Often linked with conditions like depression, anxiety, aggression, or antisocial personality
disorder.
Believes that criminal tendencies can be treated or managed through therapy, counselling,
or medication.
Origin and Development
Psychological approaches to crime began developing in the late 19 th and early 20th
centuries as psychology itself became a recognized science. Early psychologists believed
that abnormal mental development or trauma could lead to criminal behavior.
Major Contributors and Theories
1. Sigmund Freud – Psychoanalytic Theory
Freud believed that crime could result from unresolved childhood conflicts or problems in
the unconscious mind.
If a person’s id (desire) overpowers their superego (morality), they may act on violent or
criminal impulses.
2. Eysenck’s Personality Theory
Psychologist Hans Eysenck argued that criminals often have certain personality traits, such
as impulsiveness, aggressiveness, and lack of empathy.
These traits make them more likely to break rules or commit crimes.
3. Bandura’s Social Learning Theory
Albert Bandura said people learn criminal behavior by observing others, especially in
childhood.
If children see crime being rewarded (e.g., through money or power), they may imitate that
behavior.
4. Kohlberg’s Moral Development Theory
According to Lawrence Kohlberg, criminals may have a low level of moral development and
fail to understand the difference between right and wrong.
Examples
1. A person who experiences abuse as a child and grows up without emotional support
may develop anger or trust issues, leading to violent behavior.

2. Individuals with Antisocial Personality Disorder may not feel guilt or empathy,
making them more likely to commit crimes like fraud or assault.
Relevant Case Law
R v. Byrne (1960, UK):
The court ruled that a person with severe mental abnormality (psychopathy) could not fully
control their actions and was not entirely responsible for murder.
DPP v. Camplin (1978, UK):
A teenage boy who killed someone after being sexually abused was given a reduced
sentence due to psychological trauma.
McNaghten’s Case (1843, UK):
A landmark case where the accused was found not guilty by reason of insanity, leading to
the development of the insanity defense in law.
Criticism of Psychological Theory
It often focuses too much on the individual, ignoring social and environmental factors.
Not all people with psychological issues become criminals.
Difficult to measure mental conditions precisely.
Sometimes used to excuse criminal behavior, which can weaken accountability.

Economic Theory of Crime


Introduction

Crime is not only caused by personal or psychological reasons—it is also closely linked to
economic conditions. The Economic Theory of Crime argues that many people commit crimes
because of financial needs, poverty, inequality, or opportunity for economic gain. This
theory treats crime as a rational decision, where individuals weigh the costs and benefits before
acting.

Meaning and Concept

The Economic Theory of Crime explains that individuals are more likely to commit crimes
when the expected rewards (such as money or goods) outweigh the expected punishment or
risk of being caught. It sees crime as a rational choice, influenced by economic pressure,
unemployment, or lack of legal income opportunities.

Nature of the Theory

• Views crime as a cost-benefit decision.


• Focuses on external economic factors, such as poverty and joblessness.
• Suggests that improving economic conditions can reduce crime.
• Recognizes that not all crime is driven by poverty, but many crimes are related to
economic motives.
Origin and Development

This theory gained prominence with the rise of classical economics and rational choice theory.
It was developed further in modern criminology by economists and legal scholars who tried to
explain criminal behavior using economic models.

Major Contributors
1. Gary Becker (1968) – Rational Choice Theory

• Nobel Prize-winning economist who applied economic theory to crime.


• Argued that people commit crimes when the benefits exceed the costs.
• Proposed that harsher punishments or higher chances of being caught could
reduce crime.

2. Cesare Beccaria – Classical School (18th century)

• Believed in free will and rational decision-making.


• Argued that laws should focus on deterrence through fair and certain punishments.

3. Karl Marx – Marxist Economic View

• Although not directly an economic crime theorist, Marx believed that capitalist
inequality and class struggle lead to crime.
• The poor commit crimes for survival, while the rich may commit economic crimes
(like tax fraud) to protect their power.

Examples

1. Theft and Robbery:


People without jobs or stable income may steal money or goods because it provides a
quick financial solution.
2. White-Collar Crime:
Individuals in positions of power (like accountants or bankers) may commit fraud or
embezzlement for financial gain, believing the rewards outweigh the risk.
3. Cybercrime:
Hackers may steal bank data or commit online scams if they believe the chances of being
caught are low and the profits are high.

Relevant Case Law

• R v. Turner (1975, UK):


A man stole his own car from a garage without paying. The court emphasized economic
motive and ruled it as theft under economic gain.
• Nirav Modi Case (India, 2018):
A high-profile case involving bank fraud and money laundering by a billionaire
businessman. This case shows how greed and opportunity drive white-collar crime.

Criticisms of Economic Theory

• Over-simplifies human behavior by assuming all crime is rational.


• Ignores emotional, social, and psychological factors.
• Not all poor people commit crimes, and not all rich people follow the law.
• May lead to harsh punishment policies without addressing root causes like poverty
or lack of education.

Political Theory of Crime


1. Introduction

Crime is not just a violation of law—it is also a result of power, politics, and control. The
Political Theory of Crime explores how crime is defined and influenced by political
decisions, and how those in power use the legal system to protect their interests and
suppress dissent. It focuses on the idea that crime and law are political tools, often used to
control less powerful groups in society.

2. Meaning of Political Theory of Crime

Political theory views crime as a socially constructed concept that is influenced by the
political and economic power structure. It suggests that:

Laws are made by those in political power, often to protect their own class or group.

What is considered a “crime” depends on who has the power to make or enforce laws.

Some acts may be harmful but are not criminalized because they are committed by the
wealthy or powerful (e.g., corporate fraud, political corruption).

Meanwhile, actions by the poor or marginalized may be labeled as crimes even if they
result from inequality.

3. Nature of the Theory

It is critical and conflict-based.

Challenges the idea that laws are neutral or fair.

Emphasizes inequality in the criminal justice system.

Links crime to political structures, class conflict, and state control.


4. Origin and Development

The roots of the political theory of crime can be found in the Marxist and critical
criminology schools of thought. These emerged in the 20th century, particularly after
growing awareness of economic inequality, state violence, and unjust laws.

5. Key Thinkers and Contributors

Karl Marx

Argued that laws are created by the ruling class to serve their interests.

Believed crime among the poor is often a reaction to social and economic oppression.

Michel Foucault

Said that the state uses discipline, surveillance, and punishment to control people.

Suggested that prisons and legal systems are tools of political power.

William Chambliss

Studied how laws are selectively enforced.

Found that poor people are often punished more harshly than wealthy lawbreakers.

6. Examples

Protests and political opposition: In authoritarian regimes, peaceful protests may be


declared “criminal acts” to silence opposition.

Corruption and power abuse: Political leaders may engage in crimes (bribery,
embezzlement) but avoid punishment due to their status.

Unequal justice: Rich individuals may escape justice for white-collar crimes, while poor
people face prison for petty theft.

7. Important Case Laws

State of Uttar Pradesh v. Raj Narain (1975)

This case revealed misuse of political power in elections. It showed how crime and politics
can be deeply connected.

ADM Jabalpur v. Shivkant Shukla (1976)

During India’s Emergency period, the government suspended citizens’ rights. This is an
example of how law was used politically to suppress freedom.
Watergate Scandal (USA, 1970s)

U.S. President Nixon’s team used illegal methods to spy on opponents. This is a clear case
of crime committed through political power.

8. Criticisms of the Theory

It sometimes ignores individual responsibility for crime.

Assumes all laws are made for the benefit of the elite, which is not always true.

Can be too focused on class conflict, ignoring other causes like psychology or culture.

Not all crimes are politically motivated.

Theories of Punishment
Introduction

Punishment is one of the oldest tools used by society to maintain order and justice. When
someone breaks the law, they face punishment from the legal system. But punishment is
not only about making someone suffer—it serves a deeper purpose in society. Legal
scholars and philosophers have developed different theories of punishment to explain why
and how we punish criminals. These theories help us understand the goals of punishment
and how it should be applied fairly and effectively.

Meaning of Punishment

Punishment is a legal consequence given to a person who is found guilty of committing a


crime. It is a method used by the state to ensure justice, protect society, and discourage
others from committing crimes.

Nature of Punishment

• Legal in nature: It must follow laws and procedures.


• Imposed by the state: Only the government or legal authority can punish.
• Proportional: The punishment must fit the seriousness of the crime.
• Aims to reform, deter, or seek justice.

Scope of Punishment

The scope of punishment includes:

• Maintaining law and order


• Protecting society from criminals
• Reforming offenders
• Creating fear of law to prevent crime
• Providing justice to victims
• Punishment can take many forms—fines, imprisonment, community service, or
even the death penalty in extreme cases.

Major Theories of Punishment

1. Retributive Theory (Theory of Revenge/Justice)

Meaning:

This theory is based on the idea of “an eye for an eye”. The criminal deserves to suffer in
return for the harm they caused.

Nature:

• Focuses on moral justice.


• Not concerned with reforming the offender.
• Punishment is a way of revenge or repayment.

Example:

If someone commits murder, they may be sentenced to death or life imprisonment under
this theory.

Case Law:

Bachan Singh v. State of Punjab (1980) – The Supreme Court upheld the death penalty in
rarest of rare cases, following the idea of retributive justice.

2. Deterrent Theory

Meaning:

This theory believes that punishment should discourage the offender and others in society
from committing crimes.

Nature:

• Creates fear of punishment.


• Has two types:

Individual deterrence: Stops the same person from repeating the crime.
General deterrence: Warns others in society.

Example:

Heavy fines for traffic violations are meant to prevent people from breaking traffic rules.

Case Law:

K.D. Gaur v. State of Rajasthan – The court stressed on strict punishment to create
deterrence in the society for rape crimes.

3. Reformative Theory (Rehabilitation)

Meaning:

This theory believes that criminals can change and become better people if given the right
support and education.

Nature:

• Focuses on reforming the offender.


• Views crime as a result of social or mental problems.
• Encourages education, therapy, and skill training.

Example:

Juvenile justice laws are based on this theory, where young offenders are sent to
reformation homes instead of jail.

Case Law:

Mohd. Giasuddin v. State of Andhra Pradesh (1977) – The court said punishment should
aim to reform rather than just punish.

4. Preventive Theory

Meaning:

This theory aims to stop the offender from committing future crimes by disabling them.

Nature:

Prevents crime by removing the offender from society.

Common punishments: Imprisonment, death penalty, or disqualification from office.

Example:

Habitual offenders may be given long-term imprisonment to protect society.


Case Law:

State of Maharashtra v. Jagmohan Singh Kuldip Singh Anand (2004) – The court stressed
preventive detention to maintain public order.

5. Expiatory Theory (Religious/Spiritual View)

Meaning:

This theory suggests that punishment allows the offender to repent and cleanse their soul.

Nature:

Based on religious or moral ideas.

Punishment is seen as a form of forgiveness or moral healing.

Example:

Ancient practices of confessing crimes and doing penance.

This theory is not widely used in modern legal systems but was common in ancient times.

Conclusion

In conclusion, punishment is a necessary part of any legal system, but it must be applied
thoughtfully and fairly. Different theories of punishment offer different goals—some focus
on justice, others on fear, change, or protection. In modern times, courts often try to
balance these theories, using punishment not just to harm or scare but also to reform and
protect society. A successful justice system understands that while punishment is
necessary, it must also aim to reduce crime and help individuals become better citizens.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy