Criminal Law

Criminal Law
Author: Krishna Deo Gaur
Publisher:
Total Pages: 878
Release: 1999
Genre: Criminal law
ISBN:

Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code
Author: Barry Wright
Publisher: Routledge
Total Pages: 396
Release: 2016-05-23
Genre: Law
ISBN: 1317164865

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Crime and Justice in India

Crime and Justice in India
Author: N. Prabha Unnithan
Publisher: Sage Publications Pvt. Limited
Total Pages: 474
Release: 2013-03-20
Genre: Crime
ISBN: 9789353880996

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

Penal Power and Colonial Rule

Penal Power and Colonial Rule
Author: Mark Brown
Publisher: Routledge
Total Pages: 232
Release: 2014-02-03
Genre: Law
ISBN: 1134056036

This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.

Provisional Authority

Provisional Authority
Author: Beatrice Jauregui
Publisher: University of Chicago Press
Total Pages: 216
Release: 2016-11-28
Genre: Political Science
ISBN: 022640384X

Policing as a global form is often fraught with excessive violence, corruption, and even criminalization. These sorts of problems are especially omnipresent in postcolonial nations such as India, where Beatrice Jauregui has spent several years studying the day-to-day lives of police officers in its most populous state, Uttar Pradesh. In this book, she offers an empirically rich and theoretically innovative look at the great puzzle of police authority in contemporary India and its relationship to social order, democratic governance, and security. Jauregui explores the paradoxical demands placed on Indian police, who are at once routinely charged with abuses of authority at the same time that they are asked to extend that authority into any number of both official and unofficial tasks. Her ethnography of their everyday life and work demonstrates that police authority is provisional in several senses: shifting across time and space, subject to the availability and movement of resources, and dependent upon shared moral codes and relentless instrumental demands. In the end, she shows that police authority in India is not simply a vulgar manifestation of raw power or the violence of law but, rather, a contingent and volatile social resource relied upon in different ways to help realize human needs and desires in a pluralistic, postcolonial democracy. Provocative and compelling, Provisional Authority provides a rare and disquieting look inside the world of police in India, and shines critical light on an institution fraught with moral, legal and political contradictions.

Criminal Psychology and the Criminal Justice System in India and Beyond

Criminal Psychology and the Criminal Justice System in India and Beyond
Author: Sanjeev P. Sahni
Publisher: Springer Nature
Total Pages: 271
Release: 2021-10-01
Genre: Social Science
ISBN: 9811645701

This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process—investigation, prosecution, incarceration, rehabilitation—to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.

Discretion, Discrimination and the Rule of Law

Discretion, Discrimination and the Rule of Law
Author: Mrinal Satish
Publisher: Cambridge University Press
Total Pages: 323
Release: 2017
Genre: Law
ISBN: 1107135621

""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--

Restorative Justice in India

Restorative Justice in India
Author: R. Thilagaraj
Publisher: Springer
Total Pages: 202
Release: 2017-07-04
Genre: Social Science
ISBN: 3319476599

This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University