This article is written by Mohini Patel of University of Allahabad, an Intern under Legal Vidhiya
ABSTRACT
In this legal research paper be will study the work of criminologists [1] in ancient and modern India, highlighting the evolution of criminology as a discipline and the unique challenges faced by criminologists in both periods. Criminology is the scientific study of nature of crime, behaviour of criminals, and the criminal justice system. It encompasses a multidisciplinary [2] approach, drawing from fields such as sociology, psychology, law, and statistics. The roots of criminology can be traced back to the 18th century when the idea of punishment for criminal behavior began to shift from public spectacle to more scientific approach. However, the development of criminology as a distinct discipline gained momentum in the late 19th and early 20th centuries.
In the context of modern India, criminology has evolved to address the unique challenges and dynamics of the country’s criminal justice system. Today, criminologists use a variety of methods to study crime, including statistical analysis, psychological research, and sociological theories. Several prominent criminologists have contributed to the field by conducting research, advocating for reforms, and developing policies to address crime and its causes.
Keywords – crime, justice, modern India, Criminologist.
INTRODUCTION
Criminology as a discipline has undergone significant transformations over time, influenced by social, cultural, and technological changes. India, with its rich historical heritage, provides an intriguing context to explore the evolution of criminology. Very firstly we will learn the actual meaning of criminology and criminologist that are taken into account in modern era.
[1].an expert in the scientific study of crime and criminals.
[2]. combining or involving several academic disciplines or professional specializations in an approach to a topic or problem.
What is criminology: –
The word criminology is derived from the two Latin words ‘crimen-crime’ and ‘logus -science’ together it means the study or science of crime. It is concerned with the conduct of individuals which is prohibited by the law. It is the socio legal study which study the causes of crime and suggest the appropriate remedy provided by the law for the given crime. Criminology basically referred to the knowledge of the causes and prevention of crime and punishment given to them.
Who is CRIMINOLOGIST: –
Criminologists are the individuals who work and explore the field of criminology. Criminologists study the causes, consequences, and prevention of criminal behavior. They analyze data, conduct research, and develop theories to better understand why people commit crimes. Their work involves examining the social, economic, and psychological factors that contribute to criminal behavior, as well as the impact of crime on individuals and society. Criminologists also develop and evaluate programs aimed at preventing crime and reducing recidivism. They work in a variety of settings, including law enforcement agencies, research institutions, and universities. The field of criminology is constantly evolving, and criminologists play an important role in shaping policies and practices related to crime and criminal justice. Now we can see the ancient practices of crime and it’s punishment
ANCIENT TEXT AND CRIMINOLOGY-
The roots of criminology are traced back in 18th century from this time period scientific study of criminology came to existence. Crimes were taken into account by prominent scholar apart from public opinion. but if we seek in more ancient times about the criminal offences and punishment there are many ancient Indian and foreign text which talks about the crime and their punishment.
INDIAN ANCIENT TEXTS
Ancient India witnessed the emergence of sophisticated [1] legal systems, including the Dharmashastras and Arthashastra. These texts contained detailed provisions related to crime, punishment, and administration of justice. The Arthashastra is an ancient Indian text that was written around the 4th century BCE. It is a treatise on statecraft, economics, and military strategy, and it also contains detailed laws and punishments for various criminal offenses.
[1] Having, revealing, or involving a great deal of worldly experience and knowledge of fashion and culture
For example, the text outlines punishments for theft, fraud, adultery, and murder, among other crimes. Punishments ranged from fines and public humiliation to death by various means. The Manusmriti is another ancient Indian text that was written around the 2nd century BCE. It is a Hindu legal code that provides detailed laws and punishments for various crimes. For example, the text outlines the punishment for theft as amputation of the hand, while the punishment for adultery is public humiliation and banishment.
Role of criminologist; –
While these texts do not explicitly mention criminologists, Criminologists in ancient India, often referred to as Dharmashashtra scholars, played a crucial role in shaping legal systems and guiding the judiciary. They provided insights into criminal behavior, causation, and rehabilitation [1] it is likely that judges and law enforcement officials used them to maintain order and punish those who broke the law.
Judges were responsible for interpreting and enforcing the law. Ancient criminologists relied on observation, inference, and logical reasoning to understand crime patterns and propose preventive measures. They examined case studies, studied criminal psychology, and suggested
methods for rehabilitation Punishments for crimes were often severe and could include fines, imprisonment, public humiliation, and even death. Ancient criminologists emphasized the concept of dharma (righteousness) and karma (actions and consequences) in understanding crime. They explored the interplay of in dividual responsibility, societal norms, and divine justice. The judgment in ancient times was based on these religious principles and norms and punishment are often given on the basis of Dharma and karma. For example, in ancient India, the Manusmriti provided detailed laws and punishments for various criminal offenses, and these laws were based on Hindu religious principles.
FOREIGN ANCIENT TEXT
There are many foreign texts about criminal law and work of criminologist. Some of them are –
1. The Code of Hammurabi: This is an ancient Babylonian law code that was written around 1754 BCE. The code contains 282 laws, many of which outline punishments for criminal offenses such as theft, assault, and murder. Punishments ranged from fines and public humiliation to amputation and death.
[1] The action of restoring something that has been damaged to its former condition.
2. The Twelve Tables: This is an ancient Roman law code that was written in the early 5th century BCE. The code contains 12 laws that outline punishments for criminal offenses such as theft, assault, and murder. Punishments ranged from fines and public humiliation to death. programs and policies that aim to reduce crime rates and rehabilitate offenders.
3. The Quran: This is the Islamic holy book that contains the laws of the Muslim religion. The book contains detailed laws and punishments for various criminal offenses, including theft, assault, and murder. Punishments ranged from fines and imprisonment to death. Overall, these ancient texts provide insight into the ways in which different societies approached criminal justice and punishment. While the specific laws and punishments varied depending on the time and place, the general principles of justice and punishment were similar to those that exist today.
CRIMINOLOGISTS WORK IN MODERN INDIAN
Criminology in India has been evolving in response to the changing nature of crime and the criminal justice system. Here are some key developments in the work of criminologists in modern India:
1). Interdisciplinary Approach: Criminology in India has increasingly adopted an interdisciplinary approach, integrating knowledge from fields such as psychology, sociology, law, and forensic science. This approach helps in understanding the complex causes of crime and developing effective strategies for crime prevention and control.
2). Crime Prevention and Intervention: Criminologists in India are focusing on preventive measures and interventions to address the root causes of crime. They work closely with law enforcement agencies, policymakers, and community organizations to develop evidence-based programs and policies that aim to reduce crime rates and rehabilitate offenders.
3). Research and Data Analysis: There has been an emphasis on conducting rigorous research and data analysis in criminology. Researchers collect and analyze data on various aspects of crime, such as crime rates, types of offenses, offender profiles, and victimization patterns. This data-driven approach helps in identifying emerging trends, formulating effective policies, and evaluating the impact of interventions.
4). Technology and Forensic Science: With advancements in technology and forensic science, criminologists in India are utilizing tools like DNA analysis, fingerprinting, cybercrime investigation, and surveillance techniques to enhance their understanding of crime and aid in the investigation process. These technological advancements have also led to the emergence of specialized fields such as digital forensics and cyber criminology.
5). Victimology and Restorative Justice: Criminologists are increasingly focusing on victims. There is also a growing recognition of the importance of restorative justice, which seeks to repair the harm caused by crime through dialogue, reconciliation, and offender accountability. Restorative [1] justice practices are being explored as alternatives to traditional punitive approaches.
6). Policy Development and Advocacy: Criminologists in India play a crucial role in shaping crime-related policies and advocating for criminal justice reforms. They provide expert opinions, conduct evaluations of existing policies, and offer recommendations for improvement. Their research and analysis help in understanding the efficacy and impact of various policy interventions.
Today, criminology in India is a multidisciplinary field that draws on a wide range of disciplines, including sociology, psychology, law, and statistics. Criminologists in India are focused on understanding the causes and consequences of crime, as well as developing and implementing effective strategies to prevent and reduce crime.
CRIMINOLOGIST IN ANCIENT AND MODERN INDIA
Criminologist in ancient and modern India differs significantly due to various factors, including changes in legal systems and societal structures. The work of criminologists in ancient India was focused on understanding the causes and consequences of crime, as well as developing strategies to prevent and reduce crime.
Criminologists in ancient India were primarily concerned with understanding the nature of crime and developing effective strategies to prevent and reduce it. In modern India, the work of criminologists has expanded to include a wide range of disciplines, including sociology, psychology, law, and statistics. Criminologists in modern India work in a variety of settings, including government agencies, non-profit organizations, and academic institutions. They are focused on understanding the causes and consequences of crime, as well as developing and implementing effective strategies to prevent and reduce crime. One of the key differences between the work of criminologists in ancient times and in modern India is the use of data and technology. Today, criminologists have access to a wide range of data and technology tools that allow them to collect and analyze crime data, develop predictive models, and design effective crime prevention strategies. In ancient times, criminologists relied primarily on observation and anecdotal evidence to understand the nature of crime.
[1] a system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.
There are some more significant changes in the work of criminologist as follows: –
1)Legal Systems:
Ancient India: Ancient Indian legal systems, such as the Manusmriti and Arthashastra, focused on religious and moral principles to guide societal conduct and punishment. The emphasis was on maintaining social order rather than analyzing criminal behavior scientifically. The role of a criminologist, as understood today, did not exist in ancient India.
Modern India: In modern India, the legal system is based on a constitutional framework, with laws and regulations enacted by the central and state governments. Criminologists play a vital role in this system, conducting research, analyzing crime patterns, studying the causes of criminal behavior, and providing recommendations for crime prevention and control.
2)Approach to Crime:
Ancient India: In ancient times, crime and punishment were often linked to religious and moral codes. The Manusmriti, for instance, prescribed different punishments for various offenses based on the caste system. The focus was on maintaining social order and upholding societal norms rather than understanding the psychological or sociological factors that contribute to criminal behavior. Modern India: In modern times, the approach to crime has shifted towards understanding the causes and dynamics of criminal behavior. Criminologists employ scientific methods to study crime, including psychological profiling, statistical analysis, and sociological research. They aim to identify risk factors, explore the root causes of criminality, and develop effective strategies for crime prevention and rehabilitation.
3)Research and Methodologies:
Ancient India: In ancient times, the study of crime was not conducted systematically or scientifically. Instead, moral and religious texts provided guidance on societal conduct and punishment. The focus was on philosophical and ethical principles rather than empirical research or data-driven analysis. Modern India: In modern times, criminologists employ a range of research methodologies to study crime. They conduct surveys, analyze crime statistics, study case histories, and use experimental and observational research techniques. This evidence-based approach helps in understanding criminal behavior and formulating policies and interventions.
4) Role in the Legal System:
Ancient India: Criminologists, as a distinct profession, did not exist in ancient India. Instead, the legal system relied on judges, scholars, and religious figures to interpret and administer justice.
Modern India: In modern times, criminologists contribute to the legal system in various ways. They provide expert opinions, conduct forensic analysis, assist in investigations, advise law enforcement agencies, and contribute to the development of legislation and policies related to crime and criminal justice.
It is important to note that the concept of criminology as a formalized discipline emerged much later in history, with the development of modern legal systems. While the ancient Indian legal systems addressed social order and punishment, the scientific study of crime and criminal behavior is a relatively recent phenomenon One of the key differences between the work of criminologists in ancient times and in modern India is the use of data and technology. Today, criminologists have access to a wide range of data and technology tools that allow them to collect and analyze crime data, develop predictive models, and design effective crime prevention strategies. In ancient times, criminologists relied primarily on observation and anecdotal evidence to understand the nature of crime.
CONCLUSION
Overall, while the focus of criminologists in ancient times and in modern India is similar, the nature of crime and behaviour of crime changes gradually, the tools and methods used to understand and prevent crime have evolved significantly over time. As we can see the nature of crime has changed so the mode of punishment and investigation changes according to the need of the time.
REFERENCES
https://ijcjs.com/menu-script/index.php/ijcjs/article/download/397/330http://
https://www.excelsior.edu/article/career-spotlight-criminologist/
https://online.maryville.edu/online-bachelors-degrees/criminal-justice/resources
https://byjus.com/free-ias-prep/criminal-justice-system-in-india/
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