Penology and Victimology Notes | LL.B. (Three Years) Semester 2 | SPPU | munotes

Contents

Module 01 Penology - Introduction

1. The Meaning of Penology 1
2. Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control 7
3. Crime Prevention: The Approaches, the Programmes and the Problems 11
4. The Crime Control Mechanism: Police, Courts, Prosecutors, Jails and Open Prisons 16
5. The Police and the Criminal Justice System 19
6. The Relationship Between Police and Prosecution 27
7. The Judicial Response: Speedy Trial 34
8. The Prisons Act 1894: Prisons and Their Officers 38

Module 02 Punishment

1. Punishment: the Concept and the Definition 48
2. Why the State Alone Punishes 52
3. The Five Marks of a Punishment 56
4. A Short History of Punishment 59
5. The Classical Hindu Approach: Danda 64
6. Theories of Punishment: An Overview 68
7. The Deterrent Theory 73
8. The Retributive Theory 79
9. The Preventive Theory 86
10. The Reformative Theory 91
11. The Expiation Theory 98
12. The Theories Compared 102
13. Kinds of Punishment Under the Sanhita 106
14. Flogging, Branding and the Modes of Punishment Around the World 115
15. The Offences Punishable With Death 119
16. Capital Punishment in India: The Law and the Rarest of Rare 123
17. Capital Punishment: The Debate 134
18. Mercy, Delay and the Death Sentence 140
19. Imprisonment for Life, and What It Means 150
20. Solitary Confinement Under the Sanhita 154
21. Community Service as a Sentence 158
22. Which Theory Indian Law Has Adopted 163
23. The Ideal Penal System 167
24. India Without a Sentencing Policy 171
25. What Sentencing Is 175
26. The Approaches to Sentencing 179
27. Proportionality in Sentencing 183
28. Aggravating and Mitigating Circumstances 187
29. Sentencing Guidelines: What Has Been Proposed 191
30. The Pre-Sentence Inquiry: Its Policy, Its Process and Its Use 195
31. The Sentencing Hearing 201
32. Habitual Offenders 205
33. The Difficulty in Sentencing White Collar Criminals 212

Module 03 Police System in India

1. The Police System in India 217
2. The Mode of Recruitment and Training of Police 224
3. The Structural Organisation of Police at the Centre and in the States 232
4. The Principles of Policing: Policing by Consent 243
5. Powers and Duties of Police Under the Police Act 246
6. The Method of Police Investigation 255
7. Powers and Duties of Police Under the BNSS: Arrest 268
8. Powers of Police Under Other Laws 282
9. Police Reforms 291
10. Corruption in the Police 300
11. The Liability of Police for Custodial Violence 307
12. The Third Degree Method 316
13. Police Public Relations 325

Module 04 Prison System in India

1. Prison Reform: the History to 1947 333
2. Imprisonment: What It Is 337
3. The Jail as a Reformative Institution 342
4. The Need for Reformation and Rehabilitation of Offenders 347
5. Kinds of Prison 356
6. Classification of Prisoners 368
7. Separation, Association and Segregation 372
8. Women Prisoners 377
9. Children of Women Prisoners 382
10. The Efficacy of Imprisonment and the Search for Substitutes 387
11. The Prisons Act 1894: Prisoners, Discipline and Prison Offences 396
12. Health and the Prison Hospital 411
13. The Medical Officer 416
14. The Prisoner of Unsound Mind 421
15. The Undertrial Today: Section 479 428
16. Speedy Trial and the Undertrial 433
17. The Right to Legal Aid in Prison 438
18. Prison Reform Since 1947 443
19. Rights of Prisoners: the Foundation 447
20. Vocational and Religious Education and Apprenticeship in Prison 452
21. Corrective Labour and Prison Wages 460
22. The Role of Psycho-Analysts and Social Workers in the Prison 465
23. Participation of Inmates in Community Services 473
24. Prisoners' Organisations for Self-Government 480
25. An Appraisal of Reformative Techniques 487
26. The Challenges Prison Reform Faces 495
27. Group Counselling and Re-Socialisation Programmes 499
28. The Released Offender and the Community 506
29. The Model Prisons and Correctional Services Act 2023 513
30. The Judicial Approach to Prison Reform 517

Module 05 Open Prisons

1. The Open Prison 522

Module 06 Parole

1. Parole and Furlough: The Ideas and the Object 527
2. Parole and Indeterminate Sentence 536
3. Parole and Probation Compared 544
4. Probation of Offenders: The Idea 550
5. Probation as an Alternative to Imprisonment, and Its Utility 558
6. Parole in India and Its Conditions 562
7. Parole Violation and the Supervision of Parolees 572

Module 07 Victimology - Victim and Victimization

1. The Victim and the Offender: The Role of Victims in Crime and the Kinds of Victim 580
2. Child Victims, and Victims of Domestic Violence 585
3. Consumer Victims, Victims of Communal Violence, and Victims Who Need Special Care 591
4. The Philosophy of Victimology: Why the Victim Matters 596
5. Victims of Rape 600
6. Victimology: Definition, Nature and Development 605
7. The History of Victimology 611
8. Victimisation: Its Impact, and the Theories of Precipitation, Lifestyle, Deviant Place and Routine Activity 616
9. Modern Criminology: Rational Choice, Routine Activity and Situational Prevention 620

Module 08 Legal Perspectives of Victim Assistance

1. Victim Witness Assistance Programmes 624
2. Victimology in India: How It Developed 629
3. Victimology: The American Experience, and the Remedies Across Countries 635
4. Victimology: The European Experience 640
5. Victimology in the United Kingdom: The Criminal Injuries Compensation Scheme 645
6. The UN Declaration on Justice for Victims of Crime, 1985 650
7. The Role of the Judiciary: Compensation as a Public Law Remedy 656
8. Sexual Harassment at Work Before 2013: Vishaka and the Guidelines 664
9. The Victim and the Criminal Justice System in India 672
10. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 684
11. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 695
12. Compensation to the Victim 704
13. The Victim Compensation Scheme 708
14. The Case for State Compensation, and Why the Criminal Law Falls Short 712
15. Restitution 717
16. Compensation and the Restorative Approach 722
17. Administering a Victim Compensation Programme 726
18. Rehabilitation and Reconciliation of Victims 731
19. The Role of the Courts: Compensation and Protection for Victims 740
20. The Victim's Right to Be Heard 745
21. The Victim in Indian Criminal Procedure 751