Concept of Crime and Criminals, Classification of Crime and Criminals, Nature and Scope of Criminology

 

Synopsis

F Introduction

F Concept of Crime

F Concept of Criminal

F Classification of Crimes

F Classification of Criminals

F Nature of Criminology

F Scope of Criminology

F Conclusion

 

Introduction

Crime is a universal social phenomenon that exists in every society, irrespective of time and place. With the growth of society, changes in social values, and advancement in technology, the nature of crime and criminal behaviour has also undergone significant transformation. To understand crime effectively, it is necessary to study not only its legal meaning but also its social and criminological dimensions. Criminology, as a scientific and interdisciplinary subject, examines the concept of crime and criminals, their classification, causes, and consequences, along with methods of prevention, control, and reformation. The study of the concept of crime, classification of crimes and criminals, and the nature and scope of criminology helps in understanding how society responds to crime and how criminal behaviour can be reduced through effective legal and social measures.

Concept of Crime

The word crime is derived from the Latin word “crimen”, meaning charge or accusation. In general terms, crime refers to an act or omission prohibited by law and punishable by the state.

F Legal Definition

Legal perspective, crime is an offence against the law of the land. In India, crimes are defined under statutes such as the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023 and special laws.

F Essential Elements of Crime

For an act to be called a crime, the following elements must be present:

Ø  Human Being
Crime must be committed by a human being. Natural events or acts of animals are not crimes.

Ø  Voluntary Conduct
The act must be done voluntarily. An involuntary or accidental act is generally not a crime.

Ø  Act or Illegal Omission

o    Act: Doing something prohibited by law

o    Omission: Failure to do something which the law requires

Ø  Punishability by Law
The act or omission must be punishable under law. If there is no legal punishment, it is not a crime.

F Sociological Definition of Crime

Sociologists define crime as an act that violates the social norms, customs, and values of society.
According to this view, crime is not only a legal concept but also a social concept. What is considered a crime may change from time to time, place to place, and culture to culture.
An act that is acceptable in one society or period may be treated as a crime in another.

F Criminological Perspective

According to Sutherland, crime is behaviour that is learned through social interaction. Criminology does not limit itself to legal definitions but studies crime as a social phenomenon.

1.      Studies the causes, patterns, and effects of crime

2.      Treats crime as a social phenomenon

 

Concept of Criminal

A criminal is a person who commits an act that is punishable by law and is declared guilty by a competent court.
A person becomes a criminal only after conviction, not merely by accusation.

F Criminological View of Criminal

Criminology does not see a criminal only as a lawbreaker.
Instead, it studies the criminal as a human being influenced by many factors.

According to criminology, criminal behaviour is shaped by:

Ø  Biological factors (physical or mental conditions)

Ø  Psychological factors (mind, emotions, personality)

Ø  Social factors (family, poverty, education, environment)

Sethna states that criminals are made by society, not born as criminals.
Modern criminology believes that the aim of punishment should be reformation and rehabilitation, not revenge or harsh punishment.

 

Classification of Crimes

Crimes are classified in different ways to understand their nature, seriousness, and impact on individuals and society. One important method is classification based on the nature of the offence.

F Classification Based on Nature of Offence

 

Ø  Crimes against Person

Crimes against person are offences that cause physical injury, mental suffering, or threat to life of an individual. These crimes directly affect the personal safety and dignity of a person.

·         Murder

·         Assault

·         Kidnapping

·         Rape

Such crimes are considered serious because they violate basic human rights.

Ø  Crimes against Property

Crimes against property involve illegal interference with another person’s property. The main intention behind these crimes is usually financial gain. Though these crimes may not always cause physical harm, they create insecurity and economic loss.

·         Theft

·         Robbery

·         Dacoity

·         Cheating

Though these crimes may not always cause physical harm, they create insecurity and economic loss.

Ø  Crimes against Society

Crimes against society are acts that disturb public order, morality, and social values. These offences affect society as a whole rather than a single individual.

·         Prostitution

·         Drug trafficking

·         Gambling

·         Human trafficking

 

Ø  Crimes against State

Crimes against the State are offences that threaten the security, sovereignty, and integrity of the nation. These crimes are committed against the government or nation itself.

·         Treason

·         Sedition

·         Espionage

These are considered very serious offences because they endanger national stability.

 

F Classification Based on Severity

Crimes can be classified based on their seriousness or gravity. This classification helps the court decide the type and extent of punishment.

Ø  FeloniesFelonies are serious offences that cause grave harm to individuals or society. These crimes usually attract severe punishment such as long-term imprisonment or death penalty. Examples include murder and rape.

Ø  MisdemeanoursMisdemeanours are less serious offences and generally involve lighter punishment. These crimes cause limited harm and include offences such as minor assault and petty offences.

 

F Classification Based on Motivation

Crimes can also be classified based on the motive or purpose behind committing them. Understanding motivation helps in crime prevention and treatment of offenders.

Ø  Economic crimesEconomic crimes are committed for financial gain. These crimes harm the economy of the country and include smuggling, corruption, and tax evasion.

Ø  Political crimesPolitical crimes are committed against the State or government with political objectives. Examples include terrorism and insurgency, which threaten public order and national security.

Ø  Sex crimesSex crimes are offences committed against a person’s sexual dignity and bodily integrity. These include rape and molestation and are considered serious crimes due to their impact on victims.

Ø  White-collar crimes White-collar crimes are committed by educated and respectable persons during the course of their occupation for personal gain. Examples include fraud and bribery. The term white-collar crime was coined by Edwin H. Sutherland.

 

Classification of Criminals

Criminals are classified in different ways to understand their nature, behaviour, and causes of criminality. Such classification helps in adopting proper methods of punishment, treatment, and reformation.

F Based on Nature of Criminality

Ø  Habitual criminals – Habitual criminals are persons who repeatedly commit crimes and develop a habit of offending. Crime becomes a regular part of their life, often due to lack of reform or social conditions.

Ø  Professional criminals – Professional criminals are those who commit crimes as a means of livelihood. They treat crime as a profession and include pickpockets, burglars, and smugglers.

Ø  Occasional criminals – Occasional criminals are persons who commit crimes occasionally due to circumstances such as poverty, anger, provocation, or sudden temptation. They are not regular offenders.

 

F Based on Psychological Traits

Ø  Insane criminals – Insane criminals are individuals who suffer from mental illness at the time of committing the offence. Their ability to understand the nature or consequences of their act is impaired.

Ø  Neurotic criminals – Neurotic criminals commit crimes due to emotional instability, stress, or inner conflicts. Their criminal behaviour arises from psychological imbalance rather than intention.

 

F Based on Biological Theory (Lombroso)

According to Cesare Lombroso, some individuals are born criminals with physical and mental traits that predispose them to crime. He also classified criminals as insane criminals, criminaloids, and occasional criminals. Although this theory is now considered outdated, it remains important for academic study in criminology.

 

F Modern Classification of Criminals

Modern criminology classifies criminals based on behavioural patterns and social conditions.


Juvenile delinquents are young offenders below a certain age.
First-time offenders commit a crime for the first time.
Recidivists are criminals who repeat offences even after punishment.
White-collar criminals commit crimes like fraud and bribery in professional settings.
Cyber criminals commit crimes using computers and the internet.

 

Nature of Criminology

The nature of criminology explains what kind of subject criminology is and how it approaches the study of crime and criminals.

F Criminology is a Science

Criminology is a scientific discipline because it studies crime and criminal behaviour using systematic and scientific methods. It observes facts, analyses data, and draws conclusions based on research and evidence rather than assumptions.

F Interdisciplinary Nature of Criminology

Criminology is an interdisciplinary subject, meaning it borrows knowledge from many other disciplines. It uses principles from sociology to understand society,

Ø  Psychology to study the human mind,

Ø  Law to understand offences and punishment,

Ø  Biology to study physical traits,

Ø  Economics to analyse poverty and unemployment, and

Ø  Political science to study the role of the State.

 

F Dynamic and Progressive Nature

Criminology is dynamic and progressive in nature. It continuously changes with

Ø  Social development,

Ø  Technological advancement, and

Ø  Changing patterns of crime.

New crimes such as cybercrime and digital fraud have expanded the scope of criminology.

 

F Normative and Empirical Nature

Criminology is both empirical and normative. It explains crime through facts and observations and also suggests measures for crime prevention, control, and reform of criminals.

Thus, it not only studies crime but also helps in improving society.

 

Scope of Criminology

The scope of criminology is very wide. It covers not only the study of crime but also criminals, victims, punishment, and the criminal justice system.

F Study of Crime

Criminology studies the nature of crime, its causes, the patterns in which crimes are committed, and the trends of crime in society. This helps in understanding why crimes occur and how they change over time.

Ø  Nature

Ø  Causes

Ø  Patterns

Ø  Trends

F Study of Criminals

Criminology examines criminals in detail by studying their personality, behaviour, motivation, and social background. This helps in identifying the factors that lead a person to commit crime and in planning proper reformative measures.

Ø  Personality

Ø  Behaviour

Ø  Motivation

Ø  Social background

F Study of Victims (Victimology)

Modern criminology also focuses on victims of crime. It studies the role of victims in crime, the need for victim compensation, and measures for victim protection. This branch of study is known as victimology.

Ø  Role of victims

Ø  Victim compensation

Ø  Victim protection

F Study of Penology

Penology is an important part of criminology. It deals with punishment, prison systems, and methods of reformation and rehabilitation of offenders. The main aim is to reform criminals and help them re-enter society as law-abiding citizens.

Ø  Punishment

Ø  Prison system

Ø  Reformation and rehabilitation

F Crime Prevention and Control

Criminology plays a major role in preventing and controlling crime. It studies the role of policing, social defence, and correctional services in maintaining law and order and reducing crime in society.

Ø  Policing

Ø  Social defence

Ø  Correctional services

F Criminal Justice System

Criminology also examines the working of the criminal justice system, which includes the police, courts, prisons, probation, and parole. It analyses how these institutions function together to deliver justice and maintain social order.

Ø  Police

Ø  Courts

Ø  Prisons

Ø  Probation and parole

Conclusion

Crime and criminal behaviour are complex social realities influenced by legal, social, psychological, and economic factors. The concept of crime cannot be understood only from a legal point of view, as social values and human behaviour play an important role in shaping what is considered criminal. Similarly, criminals are not merely lawbreakers but individuals shaped by their environment, circumstances, and personal conditions. The classification of crimes and criminals helps in understanding their nature, seriousness, and causes, enabling the justice system to adopt appropriate methods of punishment and reform. Criminology, by its scientific, interdisciplinary, and dynamic nature, provides a comprehensive framework for studying crime, criminals, victims, and the criminal justice system. Through its wide scope, criminology aims not only to control crime but also to prevent it by emphasizing reformation, rehabilitation, and social justice, thereby contributing to a safer and more orderly society.