Hello friends, in this article What is called a criminal. Who is a crimenal in law? | How many types of criminals are there? & His classification of according to criminologists has been explained,
if you are a lawyer, law student or preparing for judicial competitive examination, then it is very important for you to know about crime and it –
Introduction (What is called a criminal)
Here, before knowing the criminal, it is important to know the crime, because crime is a necessary evil, only by committing which the person is called a crimi-nal. In simple words, illegal acts declared by the law of the state which are punishable by law are called crimes.
Sutherland has considered crime as a human conduct which violates the criminal-law and which is punishable by law.
In this way, crime is an act which is committed against the state or society and the person who commits this act is called a crimi-nal and is punished according to the law.
Generally, a crimi-nal is a person who commits a crime by violating legal rules and regulations. The word crimi-nal means a person whose conduct or behavior is against the rules and standards of the society and causes harm to the society and the common people and is punished under the criminal-law.
Criminals commit many types of crimes, such as theft, murder, rape etc. Under the legal process, a crimi-nal-person is arrested and legal action is taken against him and if a crimi-nal act is proven, the crimi-nal person is punished as per the law by the Honorable Court.
Also Read – What is the Schools of Criminology And how many Types are there? – Criminology
Definition of criminal
Just as the word crime is difficult to define, similarly the word criminal is also difficult to define. Here its two types of definitions are given –
(I) Criminological definition –
The person who commits a crime is called a criminal. In simple language, a person who violates the criminal-law applicable by the state is a crimi-nal.
Apart from this, some criminologists consider a person who has the ability to act against the law as a crimi-nal.
(II) Legal definition –
Crimi-nal person means a person who is accused of committing a crime and by following a prescribed procedure, the court finds such person guilty of the charge and declares him guilty. But in the context of criminology, only the criminological definition of crimi-nal has been accepted.
Three elements of a criminal-person are clear from the legal definition –
(a) there must be an allegation of the commission of an offence;
(b) the charge should be tried by a court and
(c) Such person should be declared guilty by the court.
Also Read – What are the Essential Elements of Crime? | Criminal Law
Classification of Criminals
It is often believed that a criminal is different from a normal person and his symptoms are also different. Just as crimes have been classified, crimi-nals have also been classified in various ways, which are as follows –
(A) Sutherland has divided criminals into two categories
(i) Simple Crimi-nals
(ii) White Collar Crimi-nals
(B) Classification according to Cesar Lombroso –
(i) Born Crimi-nals
(ii) Insane Crimi-nals
(iii) Lustful Crimi-nals
(iv) Incidental Crimi-nals
(C) According to Garofalo, there are four types of criminals –
(i) Typical Crimi-nals
(ii) Violent Crimi-nals
(iii) Crimi-nals deficient in probity
(iv) Lustful Crimi-nals
(D) Classification according to Enrico Ferri –
Enrico Ferri, who was a disciple of Cesar Lombroso, studied crimi-nals like his master and divided the criminals into five groups –
(i) Born Crimi-nals
(ii) Habitual Crimi-nals
(iii) Insane or Epileptic Crimi-nals
(iv) Occasional or Incidental Crimi-nals
(v) Passionate Crimi-nals
Also Read – What is Criminology : Introduction, Definition, Importance
(E) W.A. Classification according to Bauger –
(i) Economic Crimi-nals
(ii) Sexual Crimi-nals
(iii) Political Crimi-nals
(iv) Miscellaneous Criminals
(F) Classification of criminals according to TARDE –
(i) Urban Crimi-nals
(ii) Rural Crimi-nals
Types of Criminal Persons
(i) Born Criminal
Those crimi-nals who have certain physical characteristics from birth, that is, those who are crimi-nals from birth due to inheritance, are called born crimi-nals and such criminals can be reformed only by harsh punishment, not otherwise. Lombroso, Enrique Ferri etc. are considered its supporters but at present criminology does not recognize this category.
(ii) Insane or insane criminal
This category includes those crimi-nals who are mentally abnormal and commit crimes due to mental disorder, that is, people suffering from mental illnesses like epilepsy, hysteria, paralysis do not have the ability to understand the nature of the act and its consequences. | Instead of punishing such criminals, it is better to treat them.
Also Read – Description of the Scope and Nature of Criminology
(iii) lustful criminal
Such criminals have excessive sexual desire and due to this they are unable to control themselves out of impulse and commit crimes. Such persons often commit sexual crimes and are called lustful crimi-nals.
Such crimes are generally committed by mature and elderly people. Psychological treatment methods should be used for these crimi-nals.
(iv) First Offenders
People who commit crimes for the first time are called first offenders and are also called neo-offenders. Due to lack of courage in such people, they are afraid of committing crimes and their mind remains disturbed and there is also nervousness in them.
Such people are afraid of committing crimes due to the fear of stigma and punishment in the society, then the potential profit from this act motivates them to commit crimes.
(v) Accidental/circumstantial culprit
Accidental crimi-nals mean those crimi-nals who are not habitual or professional criminals but commit crimes suddenly under the pressure of special circumstances. They cannot protect themselves from such situations. The nature of crime committed by these persons can be both ordinary and serious and lenient punishment policy should be adopted towards such crimi-nals.
(vi) Habitual criminal
People who are usually involved in committing minor or serious crimes and repeat the crimes again and again are called habitual offenders. Treatment of these crimi-nals is more appropriate in open jails.
(vii) Professional criminal
Such persons who make crime their profession and their livelihood depends on crimes are called professional crimi-nals. Such persons commit their crimes in a planned manner and efficiently, crimi-nals involved in smuggling, pickpocketing, theft, prostitution etc. are included in this category.
These criminals have very little chance of reforming because such persons deliberately participate in anti-social activities for their own benefit.
(viii) Common criminal
Ordinary crimi-nals are those people who are found guilty of conduct prohibited by criminal law. Such criminals are generally lower and middle class people who are unable to hide their crimes due to lack of money.
(ix) White collar criminals
People who commit crimes with the aim of earning maximum money by all means and belong to higher economic social class are called White Collar Offenders. Generally, prestigious, educated and rich people of upper class, industrialists, high government officials, lawyers etc.
fall in this category who generally commit such crimes as adulteration, smuggling, black marketing, bribery, tax evasion etc.
(x) Juvenile Offenders
When juveniles and children commit crimes, they are called juvenile delinquents. In law, such crimenals are called delinquent juveniles or juveniles in conflict with law. In present times, child criminality is becoming serious.
One of the main reasons for this is considered to be the disintegration of the family, due to which in the absence of love and protection from the parents, the children feel abandoned and due to this they start increasing their crime.
(xi) Women offenders
When a crime is committed by a woman then she is called a female-crimi-nal. In India, the number of female crimenals is much less as compared to male criminals. Among the crimes committed by women, crimes like foeticide, untimely abortion, use of poison, fraud, prostitution, adultery, theft, adultery, adultery, adultery etc. are prominent.
Generally women commit such crimes which do not require the use of force. In the crimes committed by women, men are directly or in some form helped in them and similarly, men also many times take the help of women in committing crimes.
(xii) Cyber Crime
This crime is the result of the end of the twentieth century and the beginning of the twenty-first century. As soon as the modern system of information arrived, the computer era also started, due to which cyber crime was born which is increasing rapidly.
This crime is committed through computers, internet and other electronic devices, which is mostly done through cyber cafes because there is a lot of traffic in the cafes for chatting, e-mail and internet users, hence their The chances of getting caught are very less.
Crimi-nals who commit such crimes can be called cyber crimenals and to prevent these crimes, the Information Technology Act, 2000 has been passed. Thinkers like Lombroso, Enrique Ferry, Sutherland, Garofalo, Donald Tefft, Goddard, Freud etc. are considered supporters of this class.
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