Short Question- Answer of Penology & Victimology

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Short Question- Answer of Penology & Victimology-

Tanmoy Mukherji

Advocate

(1) Punishment-

Punishment is the penalty imposed by law on a person for committing an offence. Its objectives include deterrence, retribution, prevention, and reformation. Under the IPC (BNS), punishments include imprisonment, fine, death penalty, and forfeiture of property.

(2) Chronic Offender-

A chronic offender is a person who repeatedly commits crimes over a long period and shows resistance to reform. Such offenders pose a serious threat to society and often require stricter punishment or special corrective measures.

(3) Crime Reporting-

Crime reporting refers to the communication of crime incidents to police or authorities. Proper reporting helps in crime detection, prevention, and administration of justice. Underreporting of crime is a major problem affecting criminal justice.

(4) Custodial Torture-

Custodial torture means physical or mental torture inflicted by police or authorities during custody. It violates Article 21 of the Constitution. The Supreme Court has condemned custodial torture in cases like D.K. Basu v. State of West Bengal.

(5) Capital Punishment-

Capital punishment is the death sentence awarded for the most heinous crimes. In India, it is imposed only in the “rarest of rare cases” as laid down in Bachan Singh v. State of Punjab. It aims at deterrence and retribution.

(6) Open Prison-

An open prison is a correctional institution with minimum security restrictions, allowing prisoners to work and live with greater freedom. It promotes rehabilitation and reintegration into society. It is considered a reformative method of punishment.

(7) Solitary Confinement

Solitary confinement is the isolation of a prisoner from other inmates. Under Section 73 IPC [Sec 11 of BNS, 2023]; it can be awarded only in limited circumstances. Excessive solitary confinement is regarded as cruel and inhuman punishment.

(8) Prison Aid Societies-

Prison Aid Societies are voluntary organizations that help prisoners and ex-prisoners by providing legal aid, counseling, education, and rehabilitation assistance. They play an important role in reformative justice.

(9) Purpose of Criminal Law-

The purpose of criminal law is to maintain public order, protect society, punish offenders, and prevent crime. It also aims to reform offenders and uphold justice through fair trial and punishment.

(10) Female Criminality-

Female criminality refers to crimes committed by women. Traditionally, female crime rates are lower than males. Factors include social conditions, family background, economic dependence, and victimization. Modern criminology studies gender-specific causes of crime.

(11) National Police Commission-

The National Police Commission (1977–81) was set up to examine police reforms in India. It recommended depoliticization of police, improvement in accountability, and better working conditions to ensure effective law enforcement.

(12) Burden of Proof-

Burden of proof means the obligation to prove facts in issue. In criminal law, it generally lies on the prosecution to prove the guilt of the accused beyond reasonable doubt, except in certain statutory exceptions.

(13) Reparation-

Reparation refers to compensation or restoration made to the victim for harm suffered due to crime. It may include monetary compensation, restitution of property, or rehabilitation, and is an important aspect of victim justice.

(14) Rarest of Rare Doctrine-

The “rarest of rare” doctrine restricts the award of capital punishment to exceptional cases where life imprisonment is inadequate. It was laid down in Bachan Singh v. State of Punjab to prevent arbitrary use of death penalty.

(15) Correctional Homes-

Correctional homes are institutions aimed at reforming and rehabilitating offenders, especially juveniles and young offenders. They focus on education, vocational training, and moral development rather than punishment.

(16) Custodial Staff-

Custodial staff includes prison officers, jail authorities, and warders responsible for the care, custody, and discipline of prisoners. They play a key role in maintaining prison security and ensuring humane treatment of inmates.

 (17) Pre-Sentence Hearing

Pre-sentence hearing allows the accused to present mitigating factors before sentencing. It helps the court in awarding an appropriate and just punishment, especially in cases involving severe penalties.

(18) White Collar Crimes

White collar crimes are non-violent offences committed by persons of high social or professional status, such as fraud, corruption, and tax evasion. The term was coined by Edwin Sutherland.

(19) Blue Collar Crimes-

Blue collar crimes are offences usually committed by persons from lower socio-economic backgrounds, such as theft, assault, robbery, and burglary. These crimes often involve physical force or direct harm.

(20) Mitigating Factors-

Mitigating factors are circumstances that reduce the severity of punishment, such as age, mental condition, lack of prior criminal record, or possibility of reform. Courts consider these during sentencing.

(21) Victimology-

Victimology is the study of victims of crime, their relationship with offenders, and their role in the criminal justice system. It focuses on victim compensation, rehabilitation, and protection of victim rights.

(22) Penology-

Penology is the scientific study of punishment, prison systems, and correctional methods. It aims to prevent crime and reform offenders through humane and effective penal measures.

(23) Retributive Theory of Punishment-

The retributive theory is based on the principle of “an eye for an eye”. It holds that punishment is justified because the offender deserves it for the wrong committed. The object is not reform or deterrence but moral vengeance. This theory has been criticized for being harsh and ignoring reformative justice.

 (24) Habitual Offender-

A habitual offender is a person who repeatedly commits crimes and shows a tendency to persist in criminal behavior. Special laws like the Habitual Offenders Act provide enhanced punishment or supervision. Such offenders are considered difficult to reform.

(25) Plea Bargaining-

Plea bargaining is a process where the accused pleads guilty in exchange for lesser punishment. It was introduced in India under Chapter XXI-A of the CrPC, Sections 265A–265L [Sec 289-300 of BNSS, 2023]. It helps reduce delays and pendency of cases but is not applicable to serious offences.

(26) Probation-

Probation is a method of releasing offenders without imprisonment, subject to good behavior. It aims at reform and rehabilitation. In India, it is governed by the Probation of Offenders Act, 1958. It is mainly applied to first-time and young offenders.

(27) Jail Manual-

The Jail Manual contains rules and regulations for prison administration, including discipline, food, labor, and treatment of prisoners. Each State has its own Jail Manual. It ensures humane treatment and maintenance of prisoners’ rights.

 (28) Pre-sentencing Enquiry-

Pre-sentencing enquiry is conducted to collect information about the background, character, and circumstances of the offender before awarding punishment. It helps courts in choosing appropriate sentences, especially for probation and reformative measures.

 (29) Differential Association Theory-

Propounded by Edwin Sutherland, this theory states that criminal behavior is learned through interaction with others. A person becomes criminal due to excess exposure to criminal ideas over lawful behavior.