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CRIMINOLOGY AND CRIMINAL LAW

Author: Aparna Kumari, I year of B.Com.,LL.B. from Institute of Law Nirma University


Crime is unavoidable in human society as the violation of the code of conduct prescribed for the harmony of human society is bound to occur. Crime is a condition that is ever-present. An increase in restrictions and sanctions increases the evil. The more the development of human society, the more frequent the human failure. The different groups have got different interests in the society, which leads to conflicts that eventually result in a crime.


Crimes are immoral and harmful acts for the general public or human society. The changing concept of the crime depends on human evolution all over the world. That is why different countries have got different laws to tackle different types of crying. What is legal in one country may be illegal in another.


The legal frame of crime is – a " revolution of the form of conduct which is declared to be socially and legally unpleasant and it’s forbidden by law with some punishment ". An individual who has committed a certain legal action is a criminal. There are certain components like - intention, a voluntary act, competent age, degree of intent, and legal injury, that must be there in order to deal with an individual as a criminal.


CHARACTERISTICS OF A CRIME

There are certain characteristics that make an act unlawful and are forbidden and punishable under a legal framework. They are:-

  • Actus reus - an act forbidden by law must be performed.

  • Mens-rea - one must have a guilty mind that is intended to cause harm is important.

  • Bad consequences - the crime performed should have caused harm to a group, society, state, or an individual mentally, physically, or emotionally.

  • Prohibited under the law - The act must be forbidden under the existing law.

  • Punishable - the act in order to be considered a crime must not only be prohibited but punishable under the penal law as well.


Criminology is the scientific study of crime and criminals and the motivation behind such harmful behaviors. This helps in understanding the criminal mind, the reason behind such at, and the prevention of crime through the development of law in the state. Criminology includes the process of making laws, breaking laws, and punishment for breaking the laws. The practical role of criminology is to form and impact social and legal policies.


According to criminologists fear, want of Revenge, a certain passion, obsession, or any kind of interest in criminals lead to crime in society. No child sets foot in life as an offender. It's a gradual process by which a child develops the personality of a thief, kidnapper, burglar, robber, etc whatever task fascinates them. The behavior of humans is unenforceable as they are free to choose the course they wish to go after. But criminology attempts to deal with human behavior that is relevant due to the environmental factors, genes, societal impacts, and habits to conduct a crime.


Criminology is concerned with the source of crime and contains

(i) criminal biology that informs the reason for the criminal mind to be found in the mental and physical composition of the offender such as Hereditary likelihood and physical defects.


(ii) criminal sociology, which bargains with the effect of upbringing environment such as the root cause of malefaction.

Criminologists look at a number of linked topics, such as:

  • People who commit crimes have certain characteristics.

  • Crimes are committed for a variety of reasons.

  • Individual and community effects of crime.

  • Crime-prevention techniques.

Criminologists have expanded the definition of crime to encompass behavior that is not illegal. Economic exploitation, racial discrimination, and hazardous or unhealthy working conditions are all examples of this.


Criminal law is a set of rules laid down by a state to reflect civilization, moral values, political setup, public knowledge, and respect for others’ rights. Criminal law also sets the ground of punishment for the conflicts resulting out due to offenses. Criminal law sets the procedure for the investigation, trial, and punishment of the offender. Different types of crime have been defined under criminal law with punishment for them.


Depending on how people perceive it, criminal law serves a variety of purposes. Criminal law serves a variety of purposes, including keeping criminals out of society, assisting in their rehabilitation, and punishing offenders. However, the two primary purposes of criminal law are to teach society what is morally acceptable and wrong and to punish those who transgress the law.


Criminal law originated from the dispute to different interests of different groups in the society. Violation of the status of interest of one group by the other leads to conflict which ultimately causes crime. Criminal law secures these interests and provides protection from violation of individuals’ enjoyment of life .


BIBLIOGRAPHY

1. The purpose of Criminal Law. The Purpose of Criminal Law - 855 Words | 123 Help Me. (n.d.). Retrieved June 22, 2022, from https://www.123helpme.com/essay/The-Purpose-of-Criminal-Law-226886


2. Roufa, T. (2020, July 2). What is criminology? The Balance Careers. Retrieved June 22, 2022, from https://www.thebalancecareers.com/what-is-criminology-974589