Tag: Criminal law

An Overview of Psychological Theories of Crime

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INTRODUCTION

When a crime happens, there are various reasons behind it. But the reasons are usually not known to most of us. Criminology theories or theories of crime describe those reasons. An individual can commit a crime for satisfying different needs. Crime causation has always been a complex field[1]. For a long time, scientists and experts have been trying to figure out what causes crime. There are several theories regarding this issue of explaining crimes which have been explained in the later parts of this article. As had been already mentioned, this article primarily deals with the psychological theories of crime. The psychological theories have been proven to be one of the most significant ones out of all the other theories. It can further be divided into “psychodynamic theory”, “behavioral theory”, and “cognitive theory”[2].

DETAILED ANALYSIS OF THE PSYCHOLOGICAL THEORIES OF CRIME

The first element of the psychological theories of crime is the “psychodynamic theory”.
The “psychodynamic theory” had been based on the approach that Sigmund Freud had concerning the field of psychology. It has the components of “id”, “ego”, and “superego”. Some experts had accepted that there is a link between this theory and the causation of a crime. According to them, any kind of imbalance amongst the abovementioned components might be a cause behind delinquency. At the same time, this belief had been disregarded by many scientists who believe that there is no such link between these components and criminology. The main problem that lies with this theory is that it is difficult to test[3]. This theory also mentions that an individual’s criminal behavior can get projected when there is an imbalance in the psyche of the individual. Such imbalances often happen as a result of an unpleasant childhood. Disturbing childhood experiences might trigger bitter emotions in individuals even in their adulthood.
The next important component of the psychological theory is the “behavioral theory”. Experts say that human behavior develops based on the experiences that they gather with time[5]. If a person is in the company of those who endorse and even reward criminal conduct – particularly those in positions of authority – they will continue to engage in that behavior and attitude. According to social learning theorist Albert Bandura, “Individuals are not born with an innate ability to act violently. He instead suggests people learn violent behavior through observing others. Typically, this comes from three sources: family, environmental experiences, and the mass media.” Behavioral issues can happen due to family issues, violent environments, drug problems, etc. Proper behavior comes as a result of proper conditioning. Childhood plays an important role when we talk about the psychological theories of crime.
Finally, the cognitive theory is an important element of the psychological theory. Individuals’ mental processes or cognitive functions are the focus of psychologists in this field. More notably, cognitive theorists seek to comprehend how criminal offenders perceive and mentally represent their surroundings[6]. This element is more about how an individual judges the morality of a situation, and how they differentiate right from wrong. There are certain levels and stages in this theory. The cognitive theory and the behavioral theory are quite interlinked to each other.

OTHER THEORIES OF CRIME

The various theories of crime apart from the psychological theories are mentioned as follows: “Biological theories”, “Economic theories”, “Psychological theories”, “Political theories”, “Sociological theories”, “Strain theory”, “Social learning theory, “Control theory”. The biological theory states that a link can be established between the biological state of a person to their criminal tendencies. It also suggests that genetics play an important role in determining the criminal behavior of an individual. Sociological theories are another important set of theories in the field of criminology. This theory can further be divided into three theories: “strain theory”, “social learning theory”, and “control theory”. In the case of a strain theory, an individual does criminal activities because they experience extreme stress and negativity around them that makes them act in a particular way. According to social learning theory, individuals get involved in crimes due to social situations around them (for instance “peer pressure”). Finally, control theory is defined as the situation where an individual feels that they can achieve a thing conveniently through crimes.
There are a lot of other theories, that have been proven to be very useful in studying the reasons as to why a criminal commits the crime.

IMPORTANCE OF CRIMINOLOGY THEORIES

It is extremely important to know why an individual commits a crime. If that becomes known, it will be easy to avoid crime. These criminology theories help the law experts, policymakers and experts belonging to other fields like psychology[7], to frame a society that is free from criminal activities. Studying these theories also helps in finding new ways to deal with delinquents. The “cognitive-behavioural approach” assists delinquents in developing basic socially appropriate abilities for identifying and resolving conflicts and problems[8].

CONCLUSION

It can be concluded from the article that it is essential to study criminology theories to understand crimes from their grassroots level. Criminology and criminal law are very much related to each other. Punishments mentioned under criminal law are supposed to help the delinquents to become better people. In a way, it also affects the psychology of the individual. Similarly, criminology also helps in understanding the minds of criminals. After lots of studies, it had been found that these crime theories (especially the psychological theories) are very much linked to the criminal mindsets of individuals.

ENDNOTES

  1. Sonia Balhara, “Theories of causation of crime”, [January 31, 2021], https://blog.ipleaders.in/theories-causation-crime.
  2. “Psychological Theories of Crime”, http://criminal-justice.iresearchnet.com/criminology/theories/psychological-theories-of-crime/
  3. “What Are the Three Major Psychological Theories of Crime?”, https://online.pointpark.edu/criminal-justice/psychological-theories-of-crime/
  4. Meghna Gupta, “Psychological Theories of Crime”, https://www.legalserviceindia.com/legal/article-984-psychological-theories-of-crime.html
  5. Ibid
  6. Supra note 2
  7. “Major Criminology Theories and How They Affect Policy”, [October 31, 2018], https://onlinedegrees.kent.edu/sociology/criminal-justice/community/criminal-behavior-theories
  8. J. J. Platt and M F Prout, “Cognitive-Behavioural Theory and Interventions for Crime and Delinquency (From Behavioural Approaches to Crime and Delinquency: A Handbook of Application, Research, and Concepts)”, https://www.ojp.gov/ncjrs/virtual-library/abstracts/cognitive-behavioral-theory-and-interventions-crime-and-delinquency

This article is written by Aaratrika Bal student at National Law University Odisha.

DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION

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This article is written by Deepika, pursuing BA-LLB from IIMT & School of Law, GGSIPU, Delhi. In this article, she has discussed ‘kidnapping’ and ‘abduction’ which are offences punishable under the Indian Penal Code along with this, she has also discussed the difference between both the offences.

INTRODUCTION

‘Kidnapping’ and ‘Abduction’ are offences which take place all over the world. From North-America to Asia, the governments are working hard in order to deliver justice by prosecuting the perpetrators. Kidnapping and Abduction are mainly done in return for something which could be anything ranging from money to making others do acts which are illegal in nature to save their loved ones and bring them back home safely.

In our country ‘Kidnapping’ and ‘Abduction’ are increasing at an alarming rate creating a concern both for the government and society. The reason for the seriousness of these two crimes is that they lead to various other crimes and in most cases, their common targets are women and children.

Both these offences of kidnapping and abduction are covered under Chapter XVI of IPC titled ‘of offences affecting the human body’. Apart from the general definition, the Indian Penal Code has given a wider spectrum to define the terms.

Kidnapping

Section 359, 360 & 361 of Indian Penal Code deals with ‘Kidnapping’.

  • Section – 359, IPC states that Kidnapping can be classified into two kinds ‘Kidnapping from India’ or ‘Kidnapping from Lawful Guardianship’.
  • Section – 360, IPC states that whoever conveys any person beyond the limits of India without that person’s consent, the person who takes such person is said to kidnap that person from India.
  • Section 361, IPC provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, the person so enticing will be held liable for kidnapping such minor or person from lawful guardianship.  

Essential ingredients of the section are

  1. Taking or enticing away a minor or a person of unsound mind by someone
  2. Such a minor must be under the age of sixteen years, if a male, or under eighteen years, if a female;
  3. The taking or enticing must be out of the keeping of lawful guardian of such minor or person of unsound mind,
  4. Such taking or enticing of the minor must be without the consent of the lawful guardian.

Taking or enticing

To prove the presence of taking or enticing element it is required to show some active part played by the accused.

In S Varadarajan v. State of Madras a girl who was on the verge of attaining majority, voluntarily left her father’s house, arranged to meet the accused at a certain place and went to the sub- registrar’s office, where the accused and the girl registered an agreement to marry. In this case, the accused had not  ‘taken’ her out of the lawful guardianship of her parents, as there was no active part played by the accused to persuade the girl to leave the house. It was held that no offence under this section was made out.

The word ‘entice’  embodies the idea of inducement or pursuance by offer of pleasure or some other form of allurement.   

Keeping of lawful guardian

The expression lawful guardian is much wider term than the expression legal guardian. Lawful guardian includes in its meaning not only legal guardians, but also such persons like relatives, teacher who are lawfully entrusted with care and custody of a minor.

In the State of Haryana v. Raja Ram, the court observed that the word keeping connotes the idea of charge, protection, maintenance and control. Out of keeping of lawful guardian means away from parental roof or control.

Age of Minor

As per the section, the age of a minor child at the relevant point of time should be less than 16 in respect of a male, and less than 18 in respect of a female in order to constitute an offence under this section.

In the State of Haryana v. Raja Ram, the prosecutrix was a young girl of 14 years she was constantly persuaded by one Raja Ram to leave the house and come with Jai Narain, who would give her a life full of a lot of material comforts. The question before the Supreme court was whether Raja Ram could be said to have ‘taken’ the minor girl since she willingly accompanied him.

The Supreme court held that persuasion by the accused person which creates willingness on the part of minor to be taken out of the keeping of lawful guardian would be sufficient to attract the section.

Abduction

Section-362, Indian Penal Code deals with ‘Abduction’

  • Section 362 of the Indian Penal Code states that if a person either by force compels a person or induces another person to go from any place is said to abduct such person.

Essential ingredients of this section are

  1. Forcible compulsion or inducement by deceitful means.
  2. The object with which such compulsion or inducement caused must be to make a person go from someplace.

DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION

Society very frequently uses both the terms ‘Kidnapping’ and ‘Abduction’ synonymously as if they were the same thing. The reason behind the confusion is because there’s a thin line difference between both the terms. Following are the differences between the terms ‘Kidnapping’ and ‘Abduction’, which makes both the terms different from each other:

Age

  • Kidnapping from guardianship is committed only in respect of a minor (16 years old, in case of males and 18 years old, in case of females) or a person of unsound mind.
  • Abduction may be in respect of a person of any age. Any person by force compelled or induced any other person to go from any place irrespective of the age shall be booked with abduction.

Removal From Lawful Guardianship

  • In Kidnapping, a person is taken away from the guardianship of a person who has been authorized by law to take care of the person who has yet not attained the age of majority.
  • In Abduction, concerns the person who has been abducted, there’s no involvement of a lawful guardian.

Means

  • In Kidnapping, the means used are irrelevant.
  • In Abduction, means of force, compulsion and deceitful means are used.

Consent

  • In Kidnapping, the consent of the person taken away has no significance, as the person being kidnapped is a minor, who’s incapable of giving a ‘free consent’
  • In Abduction, person condones the offence of abduction.

Continuity of crime

  • Kidnapping is not a continuing offence. It is complete, the moment a person is removed from India or from the keeping of lawful custody of the guardian.
  • Abduction is a continuing offence. It continues as long as the abducted person is removed from one place to another.

Punishment

  • Kidnapping is substantive offence, punishment for kidnapping is given in Section – 363, where a person shall be punished with imprisonment of either description of a term which may extend to seven years and in addition, he will also be liable to fine.
  • Abduction is an auxiliary act. It becomes punishable only when it is done with either of the intents specified in Section – 364 to 366.

Conclusion

So, after going through all these points, we can say though they are differences between Kidnapping and Abduction. But, both the offences have a detrimental effect upon the society. The victims of such offences goes through a traumatic experience. Though the crime itself may have ended but its manifestation in the mind of the victim remains there for a long time.

Reference

  • PSA Pillai 13th Edition
  • K D Gaur 6th Edition
  • NCRB report 2018

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