Urbancrimes Grammarcorrected PDF
Urbancrimes Grammarcorrected PDF
Principal Investigator Prof. Masood Ahsan Siddiqui Jamia Millia Islamia, New Delhi
Paper Coordinator, if any Dr. Deeksha Bajpai Dayal Singh College, Delhi
University
Content Writer/Author Dr. Upma Gautam University School of Law and
(CW) Legal Studies (USLLS), GGSIPU
Content Reviewer (CR) Dr. Deeksha Bajpai Dayal Singh College, Delhi
University
Language Editor (LE)
Introduction
The term ‘Law’ in effect refers to a sequence of cause and effects. It signifies a body of rules to
guide human conduct in a given society, and the person who acts in a manner contrary to these
norms commits a ‘wrong’. The term ‘wrong’ can be further classified into moral wrong and legal
wrong. The difference between both lies in the very fact that moral wrongs are not punished by
the State and are condemned by social disapproval. A moral wrong gains the stature of an
‘offence’ only when such act is prohibited by a legally prescribed code and when such act is so
prohibited by the State it becomes an ‘offence’.
Further, the term offence is a wide concept which includes civil as well as criminal offences.
Therefore, all the acts contrary to law, though categorized as legal offences are not necessarily
crimes. So, now the question arises that which offences are crime? The answer of this question
lies in the special features which are present in a criminal wrong. Such wrongs ,i.e., crime are
offences against the state unlike the other category of offences termed as civil offences which are
offence against a particular individual. Therefore, a criminal wrong being the wrong against the
state is investigated, tried and punished by State agencies.
Note:
Sometimes an act may be both a civil offence as well as a crime. Such offences are popularly
known as ‘Felonious Torts’. For example- nuisance, negligence, defamation, trespass, etc. In
such cases, the wrongdoer can be prosecuted under criminal law as well as a civil suit can be
filed against him.
Crime
Offence
Wrong
Understanding Crime
Crime, the term, though cannot be defined precisely and exhaustively has been known through all
the ages and civilizations. The various definitions of crime given by jurists reflect the penal policy
adopted by the State for social control. The acts declared as criminal are not only acts forbidden
by law, but also should be revolting to the moral sentiments of the society. Moral sentiment being
the flexible term doesn’t allow the crime to be a static concept and therefore it changes with the
change of the society. The concept of crime changes from time to time in the same country and
within a country or from country to country at the same time because it is conditioned by moral
values approved of by a particular society at a particular time in a particular country.
Sociologists perceive crime as a social phenomenon and understand criminal law in a sense of the
instrument that protects the social interest. Thus, what acts are declared as a crime in a society
depends upon the kind and number of social interests which are ought to be protected by such
declaration. In the words of Roscoe Pound, these interests can be categorized as
1. Interest in general- which includes interests in general safety, general health, peace and
public order, security of transaction etc.
2. Interest in security of social institution – which includes interests in domestic institution,
religious institutions and political institutions.
3. Interest in the general morals- which includes all social demand to be secured against acts
or conduct offensive to oral sentiments of individuals at a given time.
4. Interest in conservation of social resources – which includes the idea that goods of
existence shall not be wasted which warrants that dependants, defectives and delinquents
are to be trained, protected and reformed.
5. Interest in general progress- which includes interests in economic, political and cultural
progress.
6. Interest in individual life.
Urbanization of Crime
Social changes affect the concept of crime in many ways which can be through development in
science, technology, through changes in predominant moral and social philosophy, through
changes in the structure of society, especially in its transition from a rural self contained and
relatively sparsely populated to highly urbanized, industrialized pattern.
Criminal offences dealing with the protection of life and liberty have essentially remained
unchanged, but offences against property have undergone more profound changes mainly as a
result of transformation of a primitive agricultural society into a commercial or industrial one. The
original crime of theft as understood in rural and less developed setup have transformed into
embezzlement and fraudulent conversion, so as to protect the owners of commercial property
against those entrusted with its handling. The growth of commercial and financial transaction has
made the offence of fraud increasingly important in an urban setup which is a modern commercial
society. The offence of theft, which predominantly penalizes the lower classes of society for
interference with the property of others has transformed into white collar crime in an urbanized
society. Even the concept of property has widened, which now not includes the tangible things, but
also assets like electricity, shareholder claims, copyrights, patents, intellectual proprietary and the
like.
Note:
Substantive Laws are the laws which provide rights and duties of the individual. The substantive
criminal law provides essential ingredients of every crime and also provides the punishment for the
same.
Procedural Laws lays down the procedure by which substantive law is to be regulated. The Code of
Criminal Procedure distinctly classifies the offences given under the IPC into Cognizable/Non-
cognizable; Bailable/Non-Bailable; Compoundable/Non-compoundable offences and also lays
down the procedure for registration of criminal cases, police investigation, inquiry and conduct of
criminal trials.
Broad Classification of Crimes
Different types of crimes are reported both in urban areas as well as in rural areas. It has to be
borne in mind that no crime is categorized as occurring exclusively in urban areas. An acceptable
definition of urban crime can be the different types of crimes which have been committed in urban
areas. Urban areas are defined as :
a) All places with Municipality, Corporation,Cantonment Board or Notified town area
committee.
b) All other places satisfying the following criteria:
a. A minimum population of 5000.
b. At least 75 percent of the adult male working population is engaged in non-
agricultural pursuits.
c. A density of population of at least 400 persons per square kilometer.
But, it is important to note that while types of crime may be similar, it is those occurring in urban
areas whose specification and ramifications are different from those reported from rural areas.
As per Section 8(1) of Cr.PC, the State Governments have the power to declare, by notification,
any area in the state comprising a city or a town, whose population exceeds one million (10 Lakh),
as a metropolitan area. Vide Section 20(5) of the Cr.PC, the State Governments can confer, under
any law, for the time being in force, on a Commissioner of Police, all or any of the powers of an
Executive Magistrate in relation to a Metropolitan Area.
Table 1-Trends of Metropolitanization in India, 1901-2011
National aggregate crime statistics may mask important differences among sub national geographic
areas throughout the country. Statistics show that crime rates in metropolitan areas, as well as the
criminal justice response, differ significantly from those in suburban areas, cities outside
metropolitan areas, and non-metropolitan counties. The uneven distribution of crime has
implications for responding to crime, supporting victims, and allocating criminal justice system
resources.
Urbanisation is an increase in population and economic activities in the urban areas which leads to
further development of towns and agglomerates to contain this rising population. It is a cause and
effect of heightened economic progress in a region (Census of India, 2011). It plays an enormous
role in social transformation and economic mobility all over the world. In fact, the process of
urbanization has been transforming the developing countries from ‘countries of villages’ to
‘countries of cities and town’.
When we talk about the challenges of urbanization, we can't ignore the changing lifestyle of people
in urban areas and the role this 'change' has to play in their behavior. An individual's position in the
society puts several limitations on him and he resorts to crime in a bid to adapt to these limitations.
Other than the option of resorting to crime, the person also needs to have opportunities to learn
how he can commit crime. This works on the basis of Edwin Sutherland's differential association
theory, which states that a person learns the values, attitudes, and techniques required for criminal
behavior on interacting with others. While things are not very different in rural areas, the intensity
of certain factors differs there. This difference can be attributed to the difference in urban and
rural living. In rural areas, cultural factors have a much more dominant role to play as compared to
other factors.
The connection between crime and city size is hardly a new fact. Criminologists have discussed the
urban tendency towards crime for decades. Wirth (1938) discussed the observed connection
between crime and urbanization and argued that this connection is evidence for his theory of
“urbanism as a way of life.” In fact, further back in time, social observers have for centuries
assailed cities for their supposed concentration of immoral activities. Jefferson wrote that “I view
cities as pestilential to the morals, the health, the liberties of man,” and Rousseau claimed that
“cities are the abyss of the human species.”
There are various theories that explain the connection between cities and crime. The earliest ideas
on this topic were written by Emile Durkheim, George Simmel and Max Weber. Wirth claimed
that urban crime rates reflect the more anonymous and unstable nature of urban life. Wilson and
Hernstein (1984) also focus on high numbers of temporary urban residents who fear neither
recognition nor community reprisals. Milgram (1970) claimed that cities create an informational
overload that leads bystanders to avoid involvement in crime against their neighbours. Jacobs
(1961) argued that cities abet crime when urban neighbourhoods lose (as they often do) their
traditional social structures.
Owing to a higher population density and close proximity of residences, the urban areas are
generally recognized as breeding grounds for the criminals and prone to higher incidence of crimes
compared to rural areas. The unchecked and unplanned growth of cities as well as a large floating
population is major contributing factors for urban crimes. Criminal propensity is also known to be
higher in urban industrial areas. Migration of poor, illiterate people having roots in a simple
environment consequent to migration suffer emotional instability in the urban setting. They are
easily lured into theft, robbery, smuggling and other illegal activities.
Over the same time period, the crime committed under Special Laws increased from 3654371 to
4377630, an increase of 7,23,259. There is a net addition of more than 2.5 lakh crimes under SLL
over a period of three years.
India and Metropolitan Cities:Crime Rate ,2014
800
700
600
500
400
300
200
100
0
IPC SLL
140000
120000
100000
80000
60000
40000
20000
0
Kochi
Gwalior
Jaipur
Kollam
Thiruvananthap
Bhopal
Raipur
Delhi (City)
Patna
Vadodara
Jabalpur
uram
Incidence of Total Cognizable Crimes
Incidence Rate
IPC SLL IPC SLL
2012 23,87,188 36,54,371 196.7 301.2
2013 26,47,722 39,92,656 215.5 324.9
2014 2851563 4377630 229.2 351.9
Violent crimes affect the life and safety of the people. Such crimes induce a sense of insecurity and
fear in the community. The frequency and the magnitude of such crimes also affect the public
peace. The following IPC crimes reported to the Police authorities have been grouped as ‘Violent
Crimes’ for the purpose of crime analysis in this chapter.
Delhi
38%
Metropiltan
Cities
62%
Number of dowry deaths reported from metropolitan cities in the year 2014 was 749. Delhi
dubiously again ranks first with 127 such registered deaths. Bengaluru is a distant second with
almost half the number of registered dowry deaths. It is followed by Patna, Agra, Jaipur and
Lucknow.
A total of 15666 violent crimes affecting property were committed in the metropolitan cities of the
country. The All India figure for the same crime was 45300. About 35 percent of the total violent
crimes affecting property in the country in the year 2014 were committed in the metropolitan
cities. The crimes committed under this head are significantly more in metropolitan cities because
of the high density of population, close proximity of buildings and escape avenues available.
A close look at the table reveals that about 12 percent of dacoity, 24 percent of preparation and
assembly to commit dacoity and 38 percent of Robberies in the country are committed in the
metropolitan cities alone. A city wise analysis depicts the fact that as in most violent crime under
IPC, for robbery too, Delhi stands alone first contributing a huge 41 percent of the total registered
cases in the metropolitan cities. 15 percent of the entire countries’ cases of robbery are committed
in Delhi alone. Delhi is followed by Mumbai, which contributes less than half (2094) of that of
Delhi figure. it is followed by Bengaluru, Pune and Nagpur.
A total of 6050 violent crimes affecting public safety were committed in the metropolitan cities of
the country. The All India figure for the same crime was 75331. About 8 percent of the total
violent crimes affecting public safety in the country were committed in the metropolitan cities.
Patna ranks highest in reporting riots. It is followed by Mumbai and Bengaluru. In cases of arson,
Delhi tops the charts again.
Safety and security of women is an integral aspect of analysis of crime scenario in urban areas. A
total of 5761 violent crimes affecting women, i.e. rape were committed in the metropolitan cities of
the country. The All India figure for the same crime was 36538. About 16 percent of the total
violent crimes affecting women in the country were committed in the metropolitan cities.
5000
Number of Cases
4000
3000
2013
2000
2014
1000
0
Rape Assault on woman Insult to the modesty
with intent to outrage of women
her modesty
Conclusions
Crime is primarily the outcome of multiple adverse social, economic, cultural and family
conditions. To prevent crime, it is important to have an understanding of its roots. Social root
causes of crime are: inequality, not sharing power, lack of support to families and neighborhoods,
real or perceived inaccessibility to services, lack of leadership in communities, low value placed on
children and individual well-being, the overexposure to television as a means of recreation. One of
the significant causes is unemployment. Because people do not have a stable job which helps them
to pay everything in their lives, such as foods, clothes, so they cannot improve their lives. As a
result, although something is unlawful, they must do to have money.
Crime can be closely linked to the conditions for children in our community. There is a strong
link between reducing risk and building resilience in children and decreasing crime. Problems
arise when the larger social, political and economic systems within which children live jeopardize
the family's resources and create stress on the family unit. As a result, the provision of appropriate
care and required resources to all children will have great significance for their long term physical,
intellectual, and emotional well-being and their development into independent, healthy adults.