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Criminology and Penology: (Including Victimology) / N.V. Paranjape

By: Paranjape, N.V.
Material type: TextTextPublisher: Prayagraj Central Law Publications 2019Edition: 18th Ed.Description: xl, 1008p. : ill. ; 24cm.ISBN: 9789388267557.Subject(s): Punishment; Criminology; India; Crime; Criminal justice, Administration of; CriminalsDDC classification: 364.0954 PAR Online resources: Click here to access online
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Reference 364.0954 PAR (Browse shelf) LA01672 Not for loan LAW 020524

It includes Index Pages.

Description:
A scholarly work by Dr. N.V. Paranjape, providing a clear and comprehensive explanation of the basic principles of Criminology, Penology and Victimology. The author has endeavoured to bring out this edition in a thoroughly revised form with all relevant statutory amendments and authoritative decisions on the subject. An attempt has been made to evaluate the latest developing trends in the field, taking stock of contemporary changes of the new millennium which are taking place in other parts of the globe notably, Britain and United States without, however, losing sight of the Indian perspective. Accessibly written for a wide audience, the book serves as a definitive reference for scholars and a broad survey for students in criminology and criminal justice.

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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