Leejoe Johny Chiramel, Faculty of Law, Sabarmati University
ABSTRACT
The article focuses on the concept of crime and its social correlations. It seeks to discuss the impact of social factors on the occurrence of crime as well as the consequences of a faulty reform system while discussing the role of society in crime prevention.
One of the greatest challenges since time immemorial has been crime. Almost every society has struggled with the prevention and corrective measures to tackle crime. There has always been much debate about why crime occurs and how it can be prevented. In addition, there are concerns about extreme measures by law enforcement authorities while maintaining law and order. Even today, in a time where human rights and systemic violence is largely frowned upon, high handedness during policing has led to many incidents including custodial deaths. Thus there is a strong discourse on the occurrence of crime, the degree and severity of the crime in certain cases as well as whether retributive or corrective justice is the best way forward. The highly complex nature of crime makes its management extremely difficult. Despite concerted efforts, there has been little success in the prevention or reduction of crime. Crime continues to pose a menace to a secure society.
To fully understand the complexity of crime, it is necessary to have a better idea of what it means. Generically, crime may be defined as the intentional commission of an act usually deemed socially harmful, dangerous and specifically defined, prohibited and punishable under law. Theoretically, there are many definitions of crime according to renowned jurists like Austin, Blackstone etc., each having a unique and insightful perspective. Bentham has defined crime as offences which the legislature has prohibited for good and bad. Austin defines crime as a wrong which is pursued by the sovereign and his subordinates while a civil injury is a wrong pursued by the injured party and his representatives. Blackstone in his ’Commentaries on the laws of England” had a lengthy explanation. He defined crime as an act committed or omitted in violation of a public law either forbidding or commanding it. He further defined crime as a violation of the public rights and duties due to the whole committed in its social aggregate capacity. Many other renowned jurists have given various definitions of crime according to their respective perspectives. There is therefore no universally comprehensive idea of crime.
