Chapter Title:

Meaning and nature of crime

Book Title:


Authors

Nausheen Fatma Khan
Advocate and Part time faculty at dept. of Law, Punjab University Chandigarh

Synopsis

A crime is generally a deliberate act that results in harm, physical or otherwise, toward one or more people, in a manner prohibited by law. The determination of which acts are to be considered criminal has varied historically, and continues to do so among cultures and nations. When a crime is committed, a process of discovery, trial by judge or jury, conviction, and punishment occurs. Just as what is considered criminal varies between jurisdictions, so does the punishment, but elements of restitution and deterrence are common.
Although extensive studies in criminology and penology have been carried out, and numerous theories of its causes have emerged, no criminal justice system has succeeded in eliminating crime. Understanding and resolving the root of crime involves the depths of human nature and relationships. Some regard religious faith as a preventative, turning ex-convicts to a meaningful life in society. There is evidence that the bonds of family can be a deterrent, embedding the would-be criminal within bonds of caring and obligation that make a life of crime unattractive.
Definition of Crime
Crime can be viewed from either a legal or normative perspective.
A legalistic definition takes as its starting point the common law or the statutory/codified definitions contained in the laws enacted by the government. Thus, a crime is any culpable action or omission prohibited by law and punished by the state. This is an uncomplicated view: a crime is a crime because the law defines it as such.
A normative definition views crime as deviant behaviour that violates prevailing norms, i.e. cultural standards specifying how humans ought to behave. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect the current definitions of crime and the forms of legal, law enforcement, and penal responses made by the state.

Published

10 December 2022

Series

Details about this monograph

ISBN-13 (15)

978-93-94411-40-1

How to Cite

Fatma Khan, N. . (Ed.). (2022). Meaning and nature of crime. In (Ed.), Crime against women in the contemporary India (pp. 22-50). Shodh Sagar International Publications. https://books.shodhsagar.org/index.php/books/catalog/book/40/chapter/219