File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Why Are Violent Crimes Increasing In India?

Why are violent crimes increasing in India?

"To catch the bad guys, you've got to think like a bad guy - and that's why all the best detectives have a dark side..." --  David Vindicate, The Theseus Paradox

"Only crime and the criminal, it is true, confront us with the perplexity of radical evil, but only the hypocrite is rotten to the core�." -- Hannah Arendt

A crime is generally an illegal act punished by the state or other institutions. Although the term crime has been defined for specific purposes in modern criminal law, there is no simple and universally accepted definition. The most popular idea is that crime is a category created by law; in other words, something that is a crime, when declared, becomes a relevant and applicable law.

One proposed definition is that crime or crime (or crime) is an act that harms not only the individual but also society, society, or the state ("one of the masses"). Such actions are prohibited and punishable by law.

Crimes like murder, rape, and kidnapping are worldwide, and the criminal law of each applicable jurisdiction defines the offense. Although most have a catalog of corruption called criminal codes, some common law countries do not have such comprehensive regulations.

The state (government) can significantly limit a person's freedom to commit crimes. In modern society, investigations and trials have procedures that must follow. If convicted, the offender may be sentenced to community service or, depending on the nature of the crime, restitution, imprisonment, or, in some jurisdictions, the death penalty. Some jurisdictions impose punishment programs to emphasize or ensure rehabilitation, while others impose corporal punishment or a combination of the above.

In general, to be classified as a crime, it must be accompanied by "committing a crime" (actus reus) - with some exceptions - "intent to commit a crime" (men.).

Although every crime is a violation of the law, not every violation of the law is a crime. Private law torts (torts and breach of contract) are not automatically punished by the state but can be enforced through civil procedures.

Definition of Crime

England and Wales:
Whether or not a given act or omission constitutes a crime does not depend on the nature of the act or omission; depending on the nature of the legal consequences that may follow. An act or omission is a crime if it can lead to a criminal act.

The Prevention of Crime Act provided by the Prevention of Crime Act 1871 and section 10 of the Prevention of Crime Act 1908 applied:

"Crime" means any severe or criminal offense in England and Ireland of uttering counterfeit or counterfeit coins, possessing fake gold or silver coin, or obtaining goods or money under pretense or conspiracy. Any offense under section fifty-eight

Indian Law:
A crime is an act committed or omitted which constitutes a crime and is punishable by law. A crime is an illegal act that is prohibited and punishable by the state or law. In other words, anything that harms the welfare of society is a crime. In general, crime is a human trait generally frowned upon by society. But crime, in the modern sense, is any act punishable by the Indian Penal Code.

Normative definitions see crime as behavior that violates existing norms � cultural standards that dictate how people should behave. This approach takes into account the complex reality surrounding the concept of crime. It seeks to understand how changing social, political, psychological, and economic conditions can influence changes in the definition of crime and the types of legal, law enforcement, and penal actions that were taken by society.

This structural reality remains fluid and often contested. For example, as the culture and political environment change, society can criminalize or decriminalize certain behaviors that directly affect crime statistics, the allocation of law enforcement resources, and (influence public opinion).

Who defines the word crime?

"An act punishable by law is usually considered a bad act." In the next post, we will look at different definitions when we discuss the exact nature of criminal law and crime. But for our present purposes, we will accept the given explanation. The word "crime" was first used in the Middle Ages in the 1250s. Eventually, the Middle Ages, or "Age of Faith," ended when Marco Polo returned from his explorations with spices and stories, and the Revival was not far behind.

The etymology of "crime" comes from the Old French crime, meaning accusation, and the Latin root "I decide. I judge." "However, Ernest Klein, a Canadian linguist born in Romania, states in a comprehensive etymological dictionary of the English language that crime comes from the word "cry of sorrow" from the ancient Greek word Latin Crimea, meaning judgment or condemnation.

What is a violent crime?

A crime of violence, a crime of violence, a crime of violence, or a crime of violence is a crime that involves the use or threat of destructive force against the perpetrator or victim of the crime. It includes crimes of violent intent, such as murder, assault, rape, and murder, as well as crimes of violence or the use of force, such as robbery, robbery, and terrorism.

Violent crimes may or may not be committed with a firearm. Depending on the case, violent crimes can range from murder to arson. There are many theories as to why heat causes an increase in violent crime. Theorists argue that violent crime increases in the summer because of the heat, causing people to be more aggressive and commit more violent crimes.

Violent criminals who commit hostile acts against others include murderers, active shooters, kidnappers, rapists, thieves, robbers, and torturers. Other categories of violent criminals are robbers and car or airplane hijackers. Criminal organizations, gangsters, and drug cartels often employ violent criminals as enforcers or assassins in their ranks.

Violent offenders often exhibit low levels of anger, disinhibition/impulse control, strong dominance/territorial instincts, antisocial personality, psychological/mental problems, and aggressive tendencies that usually lead to violent behavior.

Some religious communities consider sin a crime; some can even trace the corruption of earlier sin in legendary or mythological accounts of its origins�note the story of Adam and Eve and the theory of original sin. What the group perceives can lead a crime to a fight or conflict. However, the earliest civilizations had legal codes that mixed civil and criminal rules but were not always observed.

Ancient Near East
The Sumerians produced an even more ancient written code. Urolagnia (2380 BC - 2360 BC, short chronology) had an irregular first codex; then the king of Ur-Nammu left the oldest written legal system, the Codex of Ur-Nammu (c. 2100 BC - 2050 BC), in 57 articles defining formal punishments for certain crimes. The Sumerians later produced other codes, such as the "Folded-Ishtar Code." The code consists of fifty fragments from the beginning of the 20th century, which scholars have reconstructed by comparing various sources.

"The Sumerians had a deep sense of their rights and abhorred any attack by the king, superior, or equal. No wonder the Sumerians were the first to establish laws and legal codes..." - Kramer

In contrast, civil (delictual) law was developed and practiced extensively (except when the king wanted to raise money by selling new types of writing). The development of the idea that the "state" dispenses justice in a court only parallel or emerges from the concept of sovereignty.

Labeling theory
Labeling theory suggests that an individual's self-identity and behavior can be defined or influenced by the terms used to describe or categorize them. It has to do with the notion of self-fulfilling prophecies and stereotyping. Labeling theory focuses on the idea that commitment is not specific to behavior. Still, the tendency of the majority to negatively label minorities or people who deviate from traditional cultural norms.

This theory was popular in the 1960s and 1970s, and several modified versions of the idea were developed and are still popular today. Stigma is a mighty negative label that alters a person's self-concept and social identity.

Labeling theory is closely related to social structure and symbolic interaction analysis. Sociologists developed label theory in the 1960s, and Howard Saul Becker's book The Outsiders was instrumental in developing and popularizing this theory.

Labeling theory is relevant to areas other than crime. For example, there is a theory of signs associated with homosexuality. Alfred Kinsey and his colleagues were essential advocates of distinguishing between the roles of "homosexuals" and their actions. For example, it suggests that men who perform feminine acts are homosexuals. Thomas J. Scheff said that labels also play an essential role with "mental patients." The brand does not refer to criminals but to socially unacceptable behavior due to mental disorders.

Natural law theory
Justifying the state's use of force to enforce its laws has proven an ongoing theoretical problem. One of the first arguments involved the theory of natural law, which shows that the world or people are based on or built on moral principles. Thomas Aquinas wrote in the 13th century: "The order and measure of human action is the reason, which is the first principle of human action."

He considered humans rational beings by nature and concluded that it is morally appropriate to act according to their rational nature. Therefore, to be valid, all laws must obey the laws of nature, and it is ethically acceptable to force people to obey those laws. In the 1760s, William Blackstone explained the thesis:

"This law of nature is superior to all others, they can judge it in common with humankind, and by God himself, it is binding. It is binding throughout the earth, in all countries, and forever: there is no human law, on the contrary. It has any power, and people who impose have all their power, and they get all their power directly or directly from the original".

But the first positivist John Austin (1790-1859), used utilitarianism to accept the nature of human calculation and the existence of objective morality. He denied that the legal force of a rule depends on its moral content. Therefore, in Augustine's language, the character can objectively determine what people should do, and the law can make legislative decisions to achieve the common good.

However, each person is free to choose what to do. Again, H.L.A. Hart sees this law as an aspect of sovereignty that members of the DPRD can adopt any law as a means to moral ends.

Therefore, the necessary and sufficient conditions for the truth of a legal proposition include internal logic and consistency and the responsible use of state power by state representatives. Ronald Dworkin rejected Hart's theory and argued that all people should expect respect and care from the governed as a fundamental political right. It offers an enforcement approach based on deference (citizen's duty to obey the law) and an enforcement approach that defines the legal goals of enforcement and punishment.

Legislation must follow the theory of legality, which explains the situation where a confident person or group has the right to legislate, and the idea of ​​legislative justice, which explains the right or course of action.

Some natural law theorists have accepted prevailing morality as the primary function of law, and this view leads to the impossibility of any moral criticism of the law. If compliance with natural law is necessary for the validity of the law, then all legal laws must, by definition, be considered morally just. Therefore, in this line of thinking, the truth of the value of law necessarily refers to moral justice.

They can solve this problem by granting some degree of moral relativism and accepting that norms can evolve; therefore, the continuation of the old law in the current direction can be criticized. People may get such laws, but there is no moral reason to use the state's power to force its citizens to obey them. Recent conceptualizations of the theory describe the crime as a violation of individual rights.

General Principles of Criminal Law:
Determining what constitutes an offence usually requires an examination of the terms of the relevant provisions of the Penal Code or statutory requirements (the statute does not define some crimes in English law). However, different in form and details, some general principles of criminal law are common throughout the criminal law system.

The Rule against Retroactivity:
A widely accepted principle of criminal law is the rule against retroactivity, which prohibits the imposition of ex-facto laws (that is, laws that allow punishment for non-criminal acts at the time they were committed). By law, judges are limited in their power to declare new crimes (not necessarily extending the scope of the old ones through translation).

One of the most important general principles of criminal law is that a person cannot typically be charged with a crime without intending to commit the act. With very few exceptions, it is unnecessary to know that the front is a crime, as ignorance of the law is not a reason for criminal conduct. Therefore, the legal requirement of criminal intent is fulfilled if a person believes an act is lawful and commits an act intentionally.

The principle of criminal intent has many exceptions and other qualifications. Several so-called strict liability offences are exempted entirely or only allowed to a limited extent. For example, employers may be liable if they are injured on the job, regardless of how well they follow safety precautions.

Manufacturers can be responsible for injuries caused by product defects, even if they show no manufacturing defects or negligence. For very few other crimes, there must be "specific intent" to commit the crime (e.g., the standard definition of burglary includes breaking into a house "with the intent to commit a crime") or to achieve the consequences of the act (e.g., first-degree murder)., usually requires a specific intent to cause the victim's death).

The fact that a person has been drinking or using drugs before committing a crime is not a defense, except for crimes that require such intent. Provocation is also not a defense to murder, except in cases where evidence of a high degree of provocation (in English law, sufficient to induce a reasonable person to act as accused) would lead to a conviction for murder. even if the killing were intentional.

On the other hand, some "aggravated murder" statutes contain criminal intent related to death that occurs in the commission of certain "dangerous crimes." This seems like a strict liability.

For example, in one case in the United States, a man who committed a robbery was arrested and then accidentally killed by the police. The robber was convicted of first-degree murder and sentenced to death.

Criminal Responsibility:
Criminal liability applies not only to those who commit criminal acts but also to those who aid and abet criminals by willingly or knowingly aiding and abetting such acts (for example, by providing information, tools, or practical assistance). A person who commits a crime (e.g., using a deadly weapon) is often called the first-degree principal; a second-level principal who helped during the crime (for example, restraining the victim while the first-level principal was struck).

People who help before committing a crime (e.g., lending a weapon or providing information) are accessories before the fact. Usually, the law considers them equally responsible and liable to the same punishment.

However, in many cases, the accessory before the fact is considered more culpable (for example, if he instigated the crime and an accomplice did it). In some cases, the perpetrator is utterly innocent of any intention (for example, a doctor's prescription for a toxic drug, a nurse who does not know administers a patient). In the latter case, the perpetrator is an innocent agent and not criminally responsible, and the person who causes the agent to act is the principal.

Detection of crime:

In most cases, it is the responsibility of the police to solve crimes. However, special law enforcement agencies may be responsible for detecting some types of crime (for example, the customs department may be charged with combating smuggling and other crimes).

Investigating a crime is divided into three phases:
  • Discovering a crime has been committed
  • Identifying a suspect
  • Gathering enough evidence to convict the suspect
Many crimes are discovered and reported by people other than the police (e.g., victims or witnesses). Some crimes, especially those involving drug dealing or prostitution, or immorality, often go undetected unless the police take active action.

The role of forensic science:
The judiciary plays an essential role in the investigation of serious crimes. One of the first breakthroughs in this field was the development of fingerprint identification methods. In the 19th century, it was discovered that any contact between the fingers and the face still leaves a latent mark that can be seen by various processes (e.g., the application of fine powder). In 1894, the Joint Committee, set up by the Home Secretary to determine the best method of personal identification in England, agreed that no person should have two fingerprints.

This offer was never seriously rejected. In 1900, another committee recommended the use of fingerprints for criminal identification. Fingerprint evidence was first accepted in Argentine courts in the 1890s and in British courts in 1902. Many other countries have also adopted fingerprint identification systems.

Suspect identification:
The method or methods used by criminals to commit crimes help identify suspects, as many criminals commit crimes the same way over and over again. How the burglar entered the home, the type of property stolen, or the type of fraud committed against the victim may indicate criminal liability.

It is often possible for the victim to visually identify the stranger. Police usually present victims or witnesses they believe can identify the perpetrator with an album containing many photos of the perpetrator. A suspect identified in this way is typically asked to stand in a group of people of similar character, and witnesses are asked to pick out the suspect.

However, researchers have known for a long time that eyewitnesses are often unreliable and that the most accurate belief results from eyewitness identification. Scientists argue that gender bias contributes to misidentification because members of one sex can have difficulty distinguishing from the other.

Similarly, post-event assimilation, the process by which witnesses incorporate new information after the event, can dramatically change the perpetrator's perception. Finally, the stress of crime in general, and the presence of firearms in particular, reduces the credibility of witnesses.

Gathering Evidence:
To gain credibility in countries with a strict rule of law, investigative agencies must gather legally valid evidence to convince a judge or jury that the suspect is guilty. The police department often believes that a confident person is responsible for the crime but cannot establish guilt with legally verifiable evidence. The police use various powers and procedures to obtain the necessary evidence. Those powers and orders, if misused, would allow the police to interfere with constitutionally protected freedoms, which are usually reviewed by statute or the courts.

Interrogation and confession:
An essential part of investigating a crime is questioning the suspect. The purpose of interrogation is to obtain a guilty plea from the suspect and eliminate the need for a contested trial. Most jurisdictions limit the scope and method of questioning to ensure that suspects are not coerced into confessing in unacceptable ways. However, in practice, the effect of this ban is very different.

For example, in the United States, suspects must be informed that they have certain rights, including the right to remain silent, have a lawyer present during questioning, and have a lawyer provided at the government's expense if he can't get it. Miranda v. Arizona (1966), a statement of rights read to the suspect, also known as Miranda warnings. Failure to advise the suspect of those rights may result in denial of admission as evidence.

By contrast, English law focuses on whether the confession was voluntary rather than whether the police followed due process. With few exceptions, suspects or defendants in criminal cases are not required to answer questions or give evidence. For many years English confession law consisted of a simple rule that prohibited the involuntary trial of the accused.

These rules are supplemented by more detailed rules governing the examination of suspects by the police, known as the Magistrates' Rules. Essentially, the Magistrates' Rules require investigating police officers to warn suspects that there are no questions to answer and that what they say can be given as evidence in court.

This warning should be given at the beginning of the questioning period and before the suspect makes a complete statement or confession. Failure to provide timely or appropriate notice does not mean that the information will be excluded from the evidence. However, the judge has the right to exclude evidence.

Why is crime increasing in India?
As we saw above, "Crime" is an ancient word derived from the Latin root cernō, "I decide, the judge." Initially, the Latin word "criminal" means "charge" or "sad cry."

There are many reasons for the rise in crime in India. There is much unemployment in India, and if they can't find a job, they all become "criminals." As there is a famous saying in India, "An idle mind is the devil's home."

According to CMIE, unemployment in India was 8.1% on 2 December 2022; 9.0% in urban areas, and 7.7% in rural areas.

Reasons for increasing crime:
Crime in India has been recorded since the British Raj and comprehensive statistics are compiled annually under the Ministry of Home Affairs (India) (MHA).

In 2021, a total of 60,96,310 offences under the Indian Penal Code (IPC) and 24,32,950 violations of Special and Local Laws (SLL) were registered. This is a 7.65% decrease from 66,01,285 crimes in 2020; the Crime rate (per 100,000 people) decreased from 487.8 in 2020 to 445.9 in 2021, but significantly higher than 385.5 in 2019. In 2021, offences involving bodily harm accounted for 30%, property offences for 20.8%, and various IPC violations for 29.7% of cognizable IPC violations. The murder rate is 2.1 per 100,000 people, the kidnapping rate is 7.4 per 100,000, and the rape rate is 4.8 per 100,000 in 2021.

According to US data, the murder rate in 2020 was 2.95 per 100,000 people, with 40,651 recorded deaths. From 5.46 per 100,000 in 1992 and unchanged since 2017, it is higher than most countries in Asia and Europe and lower than most of the Americas and Africa, but one of the highest numerically by population.

The investigation rate was calculated as the percentage of total patients removed, cancelled, or available for investigation by the police. The investigation rate of IPC violations in India will be 64.9% in 2021. The conviction rate is calculated as a percentage of the total number of cases opened after all investigations have been initiated against the accused. The conviction rate for IPC violations in India will be 72.3% in 2021. The number of dismissals is calculated as a percentage of the cases where the accused was convicted after the trial was concluded.

The IPC crime rate in India was 57.0% in 2021. In 2021, 51,540 people were killed by the police, compared to 26,382; the police made 46,127 arrests, and warrants were issued for 26,164. In 2021, 2,48,731 people died, of which 4,304 lost their jobs; 1,85,836 rapes were committed in court, of which 3,368 were convicted. 42.4 for murder and 28.6 for rape in 2021.

The Crime Rate In India In 2021 (Crime Per 100,000 Population)

Murder 2.1
Rape 4.8
Kidnapping 7.4
Death by road accidents 10.1
Dowry deaths 1.0
Grievous hurt 6.6
Sexual harassment 2.6
Human trafficking 0.1
Riots 3.1
Theft 42.9
Burglary 7.2
Extortion 0.8
Robbery 2.1
Forgery, cheating & fraud 11.1
Drugs trafficking 2.4
Illegal arms 3.3
Crimes against children 33.6
Cybercrime 3.9

The crime against children rate is calculated per 100,000 children population.

A report published by the NCRB compared the crime rate between 1953 and 2006. The report found that burglary (known as housebreaking in India) decreased by 79.84% in a period of 53 years (from 147,379 to 39.3/100,000) in 1953 to 91,666 in 2006, up to 7.9/100,000, and 7.9% in. increased (from 9803, 2.61 in 1953, 32,481, 2.81 / 100,000 in 2006).

Abduction raised 47.8,80% (of 5.261 in 1953, so 1.40 / 100,000 in 2006, 2,07 / 100,000 in 2006 to, 1.59 / 100,000 in 2006 to 1.59 / 100,000 in 2006 to 1.59 / 100,000 in 200,000 in 200,000. 000 In 200,000,000 per 100,000 per per 1.000.000 per 1.000.000 per 1.000.000 per .. 56.641, 4.90 / 100,000 in 2006).

In 2006, there were 5,102,460 cognizable crimes, including 1,878,293 crimes (IPC) and 3,224,167 Special and Local Law (SLL) crimes, an increase of 1.5% from 2005 (50,26,337). The IPC crime rate in 2006 was 167.7 compared to 165.3 in 2005, a rise of 1.5% in 2005. In 2006, the SLL crime rate was 287.9, a decrease of 0.9% in 2006 compared to 290.5 in 2005.

Year Total the cog. crimes under IPC per 100,000 Murder charge sheet Kidnapping per 100,000 Robbery per 100,000 Burglary (known as house-breaking in India) per 100,000
1953 160.5 2.61 1.40 2.24 39.3
2006 162.3 2.81 2.07 1.60 7.92

Significant increase in crimes against women and low wages:
  • 40% increase in crimes against women and children; However, only 31% of IPC jobs are paid.
  • 111% rapid jump in cybercrime.
  • Most of the crimes against women in the IPC were recorded as 'cruelty by a partner or relative' (31.8 per cent), followed by 'attacks against women to outrage their dignity' (20.8 per cent).
  • Uttar Pradesh (56,083), Rajasthan (40,738), and Maharashtra (39,526) registered the highest number of cases from the state.
In the capital, according to data, in 2021, there will be 356 cases of online fraud, online arson, publication of explicit content, etc., a 111% increase.

This report is issued by NCRB, which explains how crime increased in 2021. But in 2020, crime decreased in every state. But Rajasthan is the highest crime rate against women.

Which city in India is known for crime?
In 2019, Delhi had the highest crime rate (crimes per 100,000 population) of all Indian states at 1,586.1, up from 1,342.5. The crime rate in Delhi that year was 4.1 times higher than the national average of 385.5. States in Northeast India consistently report lower crime rates, with 4 out of five states in the region in 2018.

Regarding the number of crimes in 2018, Uttar Pradesh reported the highest (12.2% of the crimes said nationally). After topping the list for the past four years, Maharashtra has fallen to third place in absolute terms accounting for 10.1% of all crimes.

The rate of violent crime (per 1,000,000 population) is highest in Assam (86.4), Tripura (62), Haryana (49.4), West Bengal (46.1), and Arunachal Pradesh (41.7). However, overall, Uttar Pradesh has the highest violent crime rate, with 15.2% of all violent crimes in India (65,155 out of 4,28,134), followed by Maharashtra (10.7%), Bihar, and 10. West Bengal includes 4%.

Which city is known as the safest city in India?
Kolkata (103.4 in 2021) is the safest among the cities. However, experts doubt the accuracy of the data. Kolkata, Pune (256.8), and Hyderabad (259.9) have the lowest crime rates (per city population of 1 million) among the 19 cities in India with a population of more than two million.

Although almost all megacities have historically had higher crime rates than their respective domains, in 2018, Kolkata and Mumbai (309.9) were the only megacities with lower crime rates than their states, West Bangladesh and Maharashtra. Among other metros, Kozhikode (523.2) and Pune are the only ones with lower crime rates than their respective states.

As we have seen above, the crime rate in India is increasing every year. According to the NCRB report, the crime of rape has increased while the crime of murder has decreased in India, according to the NCRB report 2007.

How can we prevent violent crime in India?
Problem faced in crime prevention.
The rate of crime in India or any other country is increasing daily, and when the justice system tries to punish the perpetrators, other crimes emerge. Other activities in the community may be related to crime. Therefore, several factors can be blamed for corruption, and a transparent approach must be taken to eliminate these factors.

However, implementing crime prevention measures by the police does not guarantee that crime will be prevented or reduced. So that crime can be controlled at the grassroots level, the community must be involved and educated about crime prevention activities and programs.

The safety and security of citizens are critical aspects of crime prevention. Although the police and the government must protect their citizens, crime cannot be prevented unless everyone participates. Crime prevention is everyone's job, not just the police. Smart communities must constantly monitor their environment and deal with crime in the first place.

Crime prevention should be done locally because it is a precursor to more severe crimes. Also, the people should know about the conditions and problems of the people. Develop a sense of responsibility and individualism among people. Therefore, crime prevention is vital for public safety.

Crime prevention solutions
The crime rate in India is increasing daily, and the burden on our justice system to deal with past crimes is rising. This has become a never-ending cycle of crime; hence India needs an effective crime prevention police. In India, reactive policing is often witnessed, and when a crime has occurred, our justice system reacts to it. Due to this inefficient policing, India faces a high crime rate.

Active policing should be adopted to prevent crime and reduce the increase in crime in a country like India, reducing the burden on the justice system. It also includes reviewing crime trends and educating communities about crime prevention.

Crime prevention is mainly preventable if it is stopped at the local level. The role of the police is significant in preventing crime at the local level because they can constantly monitor the environment and wait for crime to happen. India is a developing country using new methods and technologies to improve its growth prospects.

Despite being a developing country, India is amid technological advancements, especially concerning police investigations. Crime prevention can only be achieved if there are adequate police resources. Therefore, technological progress is vital to reduce crime effectively.

Law Enforcement Agencies Or Police Can Prevent Crime By Performing The Following Functions:
  1. Supervision:
    Police control is one of the measures used to prevent crime and is considered sufficient. Crime prevention by the government is done through "intimidation" and instilling fear in the minds of criminals who are controlled by the police and are always present. Even if a crime occurs under surveillance, it is helpful for the police to have evidence to investigate and alert them to the occurrence of a crime. The administration is mainly done through CCTV, and this technology is considered evidence in criminal proceedings and can be used in court proceedings. However, crime can also migrate to uncontrolled areas, and therefore up to the authorities to prevent it.
  2. Prosecution of Violators:
    Another way to prevent crime is to track criminals. The criminal tracking system contains information about convicts or previously convicted criminals, making it easy for the police to track real criminals. However, India still struggles with the technology that supports its criminal tracking system, and because of this backward design, criminals are often left on the loose. With better technology, criminal tracking systems can surprise security.
  3. Criminal investigation:
    Crime detection refers to the investigation of crime data recorded by the police. Crime research can be helpful in crime prevention because it shows the "patterns" in crime. The police can determine what the criminal will do next. Crime analysis includes calculating basic crime statistics; The representation must be geographical, and mapping software is used to represent this. The use of crime mapping data and geocoding is widespread in police departments, especially in densely populated areas.

Benefits Of Crime Prevention:
Crime prevention provides a variety of benefits to society and individuals. Crime prevention Although measures are ineffective, they will not cause harm. Some of the benefits of crime prevention are:
  • Safety and security of citizens
  • :
    • Reduce crime
    • Increase the sense of responsibility among officials and community members.
    • Involve the community in local conservation.
    • Save money by avoiding legal fees.
    • Improve the quality of life.

What is the punishment for violent crime in India?
Our Indian constitution punishes criminals, and all the provisions for punishment are contained in Section 53 and Section 3 of the IPC.

The idea of ​​punishment, and its interpretation, have been needed and thought about in the past half-century to provide a clear understanding of how labour supports and transforms the retribution of crime. The formation of punishment is now a necessary retaliatory process.

Punishment under legal sanctions is retribution for personal or property damage caused by the offender. Punishment is the cessation of criminal activity against a person, property, or government. Therefore punishment, prevention, rehabilitation, etc. It can take many forms, such as

What is IPC?
IPC stands for the Indian Penal Code and is a necessary code that covers all aspects of criminal law. The Indian Penal Code was compiled on. The IPC contains 511 sections divided into 23 sections. An essential objective of the Indian Penal Code is to implement criminal law throughout the country. The IPC has been amended several times to keep in touch with the evolving times. The primary purpose of IPC is to determine what is right and wrong and punish the sinful.

Kinds of Punishment:
Punishment is the effect of punishment on a group or individual. The practice of punishing crimes is called penology. Authority can be a single person, and punishment can be administered in the legal system or informally in other social settings such as the family. Punishment can be done through intimidation, rehabilitation, incapacitation, etc.

Punishment can be both harmful and positive. Reducing behaviour by using an indirect stimulus is called positive punishment while removing a peaceful incentive is called negative punishment.

Section 53 of IPC 1860 mentions five types of punishment:
  • Death penalty:
    It is the death penalty because the criminal is hanged until death, and this type of punishment is rare.

    121, 132, etc. The death penalty can be provided for the offence under the section. In the previous area, the court did not require the death penalty.

Case Law:
Jagmohan Singh Vs. Uttar Pradesh
The death penalty has been proven unconstitutional and invalid as punishment. The Supreme Court recognized the validity of the death penalty.

Life imprisonment:
The word "Imprisonment for life" was used to mean transportation for life by Act XXVI of 1955.

In the usual sense, life imprisonment means the offender will be in prison for the rest of his natural life�twenty years of life imprisonment under section 57 IPC. A life sentence cannot be simple; it is always strict.

Case Law: Bhagirath Vs. Delhi Admin
The Supreme Court of India established life imprisonment as imprisonment for the remainder of a criminal's natural energy.

This punishment deprives the prisoner of his freedom and puts him in prison. There are two types of imprisonment: -

  • Convicts work hard as labourers. It is used to cut wood, dig, etc., and such tasks are given.
  • Section 194, Indian Penal Code: Giving false evidence for a capital offence.
  • Section 449, Indian Penal Code: Domestic offence with malicious intent is punishable by death.
  • Simple - The accused of a crime is sent to prison without labour and hard labour.

Forfeiture of Property:
In this punishment, the government confiscates all the property or assets of the convicts. The property or investment received may be movable or immovable imprisonment as punishment for offences under Sections 126 and 127.

This is a form of monetary punishment. Those terminated must pay a fine as punishment for the crime. Under Section 64, the court can order imprisonment if someone fails to pay the fine.

Solitary Confinement:
Solitary confinement means a prisoner is isolated from the outside world, and it is under Section 73.

Sentencing and Punishment Policy in India
Across the country, crime rates are rising at an alarming rate. An effective criminal justice system is essential, and an important aspect of the Criminal Code is appropriate and proportionate punishment.

The primary laws governing the criminal law and judicial system are the Indian Penal Code of 1860 (IPC), the Indian Evidence Act of 1872, and the Criminal Procedure Code 1973 CrPC.

It is essential to distinguish between the terms' sentence' and 'sentence.' According to the court, 'punishment' is a sentence that punishes a specific offence.

Most Famous Serious Crime Cases in India

Tandoor murders (1995):
Hotel Ashok Yatri Niwas in Delhi turned into a gruesome murder of a woman. The accused, Keshav Kumar, hotel manager, and Sushil Sharma, co-owner of the hotel, were found on 2 July 1995, two police officers burned a fire under the kitchen. The police found a faulty door, put out the fire, and partially found the tandoor filled with human remains, bodies, and bones. Nearby, there were blood stains on the black plastic sheet.

The body was identified as Naina Sahni, wife of Sushil Sharma. When the police immediately arrested Kumar, Sharma escaped and was arrested by the Bangalore police and handed over to the Delhi authorities. The fact that the oven was used to hide the murder terrified people, and that's what people were talking about. Many people don't remember that the tandoor is not a murder weapon, that Naina was killed, and that the tandoor was only used to destroy the body.

The trial was held in the Delhi assembly in 2003, where Sharma said it would be unfair and unjust due to media outrage and public hatred. Therefore, he argued that the case should be dismissed or postponed, but the case was dismissed. Sharma was given the death penalty, a rare case that warrants an extraordinary verdict.

In State v. Sushil Sharma, the Delhi High Court accepted Sushil Sharma's appeal against conviction and death sentence. However, the Supreme Court rejected the accusation and upheld the trial court's order.

On the other hand, the Supreme Court held that the accused was guilty of the crime of culpable homicide and could be punished by cruelly disposing of the dead body of the accused, which resulted from Sharma's act. A personal relationship is not a crime against society. Therefore, the Supreme Court (2013) awarded the death penalty to Sushil Sharma in the State of Delhi while considering certain mitigating factors, such as the previous criminal record of the accused and the age of the accused.

Mathura Rape Case (1972):

Mathura Rape Case Two policemen allegedly raped a tribal girl at Desaiganj Police Station in Maharashtra's Gadchiroli district in March 1972.

This first came to trial in 1974, and the court said that because Mathura was "addicted to sex," his consent was voluntary, so sex took place but was not forced. The Nagpur bench of the Bombay High Court ruled that the appeal was defeated and sentenced the two police officers to one year and five years in prison. The court held that submission to coercion under threat or fear is not valid consent.

But the Supreme Court in Tuka Ram and Anr v State of Maharashtra reversed this decision and acquitted the accused. Due to widespread protests, the Government of India finally introduced the Criminal Law Amendment Act of 1983, set out in Section 114(A).

The Nirbhaya gang-rape (2012):

The incident sparked widespread outrage and led to changes in rape laws in India. The gruesome and horrific violence of Jyoti Singh's gang, known as Nirbhaya or Fearless, has brought the youth of India to the streets. Instead of humiliating the victims, Indians called out their names because they feared the dangerous nature of Delhi's roads became a source of strength. Women and Youth Week seem to have had enough and are ready to fight for their rights. After a lengthy legal battle, the accused were hanged in Tihar Jail in March 2020.

The changes to the Rape Act were significant. Former Chief Justice J.S. Proposed amendments to Verma's criminal law. The report found that the crime against women is directly linked to the government and the failure of the police. An essential recommendation of the information is that the death sentence should be commuted to life imprisonment instead of death as it is not a deterrent and removes ambiguity in the control of the Delhi Police in such cases. However, the committee did not agree to set the official age of children at sixteen instead of eighteen.

To begin with, through the Criminal Law Amendment Act 2013, Section 375 changes the definition of force to insert anything into a woman's vagina or rectum. In addition, rape is punishable by a minimum of seven years and may extend to life imprisonment (Section 376).

Rapists, whether police officers, medical officers, army officers, prison officers, civil servants, or civil servants, are sentenced to at least ten years in prison (Article 376). Life imprisonment has been prescribed for cases where rape leaves the victim or victims vegetative (Section 376-A).

Gang rape has been given a minimum sentence of twenty years in the newly amended section (Section 376-D). The new amendment also clarifies that the absence of objection does not constitute consent, defining consent to engage in same-sex sexual activity.

The Murder of Ghosts - Ram Bahadur Thapa (1959):

The State of Orisha v. Ram Bahadur Thapa (1959) is a different case. J. B. Chatterjee of Chatterjee Bros, Calcutta, employed Ram Bahadur Tapa as a servant. They went to Rasgowindpur village in Orissa's Balasore district to buy used goods from an abandoned airport outside the city. The inhabitants of Algeria consider this area haunted and known by visitors. As they were heading to the airport at night, they saw a bright light inside a building that seemed to be moving due to the strong wind.

Thapa pointed his kukri towards the 'ghost' and sprang into action. It turned out that local Adivasi women and storm lanterns gathered under a mahua tree to collect flowers. Tapa injured two women and killed another and was charged under Section 302 (murder), Section 326 (causing grievous hurt with a dangerous weapon), and Section 324 (causing unfortunate injury with a dangerous weapon) of the Penal Code.

The trial judge stated that the accused committed a mistake in thinking they were attacking ghosts instead of themselves and therefore were acquitted under section 79, which mentions acts that law or actions by mistake can excuse. Even believed to be justified by the law.

The petitioners argued that the matter could have been avoided with due care and caution by approaching the Supreme Court. But the court rejected these arguments and said that Ram Bahadur Thapa should be given the protection of Section 79.

Shraddha Walker Murder Case (2022):

As we struggle to understand the brutality of Shraddha Walker's murder, the ongoing investigation has taken several turns. Aaftab Poonawala strangled his life partner Shraddha and broke her into 35 pieces on 18 May. He drove the body around the capital, dumping bits and pieces of the body, and kept it in a 300-liter refrigerator for 20 days. Here's a chronological breakdown of how things happened:

22 November: Amid many hues and cry for the continuation of the investigation, the Delhi High Court rejected a plea to transfer the case to the CBI. Treating the request as a case of "public" interest, the court asked, "Should the police be suspicious?" asked.

The Delhi Police, in turn, assured the court that "80% of the investigation has been completed, and senior officials are conducting the investigation."

On the other hand, Aftab Poonawalla, who became a household name after hacking and dismembering his direct partner Shraddha into 35 pieces, was produced in Saket court after completing five days of remand. He told the court he killed his partner "in the heat of the moment" and promised to cooperate with the police.

In a parallel development, the Delhi Police received the court's permission to conduct a polygraph test on Aftab. The police came to the court yesterday and obtained the warrant within 24 hours.

A polygraph test is issued to determine whether a person has committed a crime. No drugs are used here. A subject is attached to the device and asked about the event. There are constant changes and draws to a conclusion.

21 November: A Day earlier, a police officer told PTI that a few weeks after Shraddha's murder, Poonawala moved from his apartment in Maharashtra's Palghar district to Delhi in June with 37 boxes and paid $20,000 for them.

20 November: While continuing to search for the victim's dismembered body parts, the police take Aaftab to the apartment he and Shraddha share to collect more evidence. Investigators​​​​ seized Shraddha's belongings, including her shoes and clothes, from the house.

As we have seen above, the number of violent crimes in India is increasing every year, compromising the safety of citizens and reducing the standard of living.

A crime is generally an illegal act punished by the state or other institutions. Modern criminal law does not have a simple and universally accepted definition of crime, even if it is used for specific purposes. The most popular idea is that crime is a category created by law; in other words, something that is a crime, when declared, becomes a relevant and applicable law. One proposed definition is that crime or crime (or crime) is an act that harms not only the individual but also society, society, or the state ("one of the masses"). Such actions are prohibited and punishable by law.

As we have seen, the NCRB report makes it clear that crime is increasing yearly. But crime rates dropped in 2020 due to COVID-19, and crime against women has decreased annually, as explained on "Page 14".

As we have seen, the top methods of prevention such as surveillance, criminal prosecution, and criminal investigation. By preventing crime, we can reduce the level of corruption in India. By providing proper education to all. As we know, there are many pending litigations in India. By 2022, more than 4.7 million cases will be pending in court at various levels of courts. Of this, 87.4% is expected in the lower court and 12.4% in the higher court. This is the main reason that increases the crime rate because if criminals are not punished, how can they fear punishment? So, you have to work on it.

There are five types of punishment for criminals under the Indian Penal Code. We have discussed different sentences that have been given differently in some crimes; term, nature, etc., vary from case to case, crime to crime, and court to court. All punitive measures are disruptive and disruptive to reform, and the approach of penal reform should be an essential topic of criminal law.

Therefore, this problem must be worked on by each individual and the government.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly