Decoding Crime - The Role Of Psychology In India’s Criminal Justice System
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Category: Criminal Law
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DECODING CRIME: THE ROLE OF PSYCHOLOGY IN
INDIA’S CRIMINAL JUSTICE SYSTEM Manmeet Dhillon, Research Scholar (Law), University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi
ABSTRACT
An inextricable link connects crime and criminal psychology within the Indian criminal justice system. The Indian criminal justice system faces numerous challenges in dealing with crime, and understanding the role of criminal psychology is essential for effective investigation, prosecution, and rehabilitation. However, incorporating criminal psychology within the Indian criminal judicature faces challenges. Limited resources, inadequate training, and a lack of awareness about the importance of psychological perspectives hinder its effective utilization. Additionally, cultural and socioeconomic factors unique to India can influence criminal behavior, necessitating a contextual understanding of psychological theories and practices.
Comprehending the ideas of criminal behavior, motivations, and psychological factors is essential for effective investigation, fair adjudication, and successful rehabilitation. Integrating robust psychological expertise, education, and resources into the system can lead to better crime prevention, improved criminal justice outcomes, and enhanced public safety in India. Keywords: Crime, Criminal Psychology, Criminal Behavior, Socioeconomic factors, Rehabilitation.
I.
INTRODUCTION
We envision a day when crime will be a distant memory, but we are still navigating through the fog, searching for clear skies on the horizon. Possibly because our criminal justice system here, which is foundational to the country's rule of law, faces significant challenges, or is it because we do not understand the root cause of crime? The problem is not solely with a crime or the system but with the interplay between the two, and it is crucial to understand and tackle the root causes of criminal behavior on the one hand and deal with the systemic shortcomings of the criminal justice system on the other. Crime is the darkened stage where the psyche's hidden scripts play out; understanding this performance requires us to illuminate the shadows with the light of psychology.
Understanding the complex nature of crime requires an interdisciplinary approach that combines legal frameworks, sociological insights, and psychological perspectives. 1 Criminal psychology focuses on the crossroads of psychology and criminal judicature. As Eysenck puts it, “Criminal Psychology is the application of psychological principles and methods to understand and explain criminal behavior. ”2 Applying psychological principles, theories, and methods to understand criminals' behavior, assess their mental states, and provide insights into their motivations and decision-making processes. Integrating psychological principles into investigations, judicial processes, and rehabilitation efforts can enhance effectiveness and ensure a more comprehensive approach to justice.
Addressing current limitations and expanding the role of psychology in the system will contribute to more informed, fair, and humane responses to crime. Further sections deal with understanding the terms crime and criminal psychology and the role of psychology in understanding criminal behavior, with its practical applications and illustrative case laws. The article illuminates the key challenges and also makes suggestions. 1 Forensic Psychology: Criminal Behaviour, available at www. psychology. iresearchnet. com (last visited Mar. 24, 2024).
2 H.J. Eysenck, The Psychology of Crime
The Causes and Cures of Criminality (Library of Congress Cataloguing in Publication Data 1989).
II. CRIME AND CRIMINAL PSYCHOLOGY
Crime is a multifaceted concept shaped by a web of social, psychological, economic, and cultural forces. These factors are so profoundly intertwined with crime that understanding what crime means and includes requires a comprehensive approach. From a legal standpoint, the understanding of crime has differed among jurisdictions, considering cultural, historical, and social factors. One thing that has remained unchanged is that a crime violates the legal order that affects the social structure or public interest, and not simply a wrong against an individual. For instance, in Kedar Nath Singh vs. State of Bihar (1962)3, crime was broadly defined as any action or omission forbidden by law, which is punishable by the State, and the same was reiterated in the case of State of Maharashtra vs.
Narayan Shamrao Puranik (1982)4, the court emphasized that crime is fundamentally an offense against the State rather than a mere private injury. Regarding the sociological dimension, criminologists like Edwin Sutherland, have defined crime as a behaviour that violates the norms or rules of a society, as defined by legal authorities5. This definition emphasizes how crime is socially constructed and connected to societal norms. The sociological theories of crime delve into the influence of social inequality, deviant subcultures, and social disorganization in shaping criminal behavior which is crucial in order to comprehend the social dynamics and contextual elements contributing to the emergence of crime. It helps to formulate effective strategies for preventing and addressing crimes. Crime encompasses moral dimensions beyond legal definitions and sociological explanations.
Moral viewpoints on crime highlight the ethical aspects and the breach of societal values and norms. Society perceives crime as an offense that contradicts its moral foundation, undermining the principles and ideals that foster social unity and harmony. Criminal psychology is defined as "the scientific study of the mind and behavior of individuals
3 Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955.
4 State of Maharashtra v. Narayan Shamrao Puranik, AIR 1982 SC 1198
5 Edwin H. Sutherland, Principles of Criminology (J.B. Lippincott Co. 1939).
involved in criminal activity,"6 It pertains to utilizing psychological principles within the legal domain and administering criminal cases. Criminal psychology delves into the minds of offenders, exploring the underlying psychological motivations and factors that lead to criminal behavior. Sigmund Freud once said, “We hate the criminal and deal severely with him, because we view his deeds as in a distorting mirror of our own criminal tendencies. ” The statement highlights the complex interplay between societal responses to crime and individual psychological projection. This perspective suggests that society’s harsh treatment of criminals may stem from repressed, unconscious impulses that the criminal's actions bring to the surface. Deviance which may give birth to a criminal is the result of the social structure's failure to meet the needs of the individual.
7 Studying these psychological mechanisms helps us understand not only the behavior of offenders but also society’s often disproportionate reactions to crime. Recognizing these projections is essential for formulating more compassionate, rehabilitative approaches to crime prevention and punishment, and for addressing the root causes of criminality rather than merely its symptoms. Understanding the offender’s psychological state allows the legal system to go beyond retribution and focus on rehabilitation, making criminal psychology vital to a just and effective criminal justice system. It serves as a real solution to the real problem of increasing crime rates despite having amended criminal laws multiple times.
Crime and Criminal Psychology underscore the multidisciplinary nature of the field, and there is a need for an integrated approach to address criminal behavior within the criminal justice system. 8 6 Hugo Münsterberg, On the Witness Stand: Essays on Psychology and Crime 24 (Cornell Univ. Library 2009) (originally published 1908).
7 Robert K. Merton, Social Theory and Social Structure 132 (rev. ed. 1957).
8 C.S. Widom & H. Toch, Understanding Crime and Criminals, J. Crim. Just. Educ. 4, no. 2, 252 (1993).
III. EARLY DEVELOPMENTS OF CRIMINAL PSYCHOLOGY IN INDIA
Much like the slow but deliberate growth of a towering tree, with deep roots spreading over time, the evolution of psychological aspects of crime in the Indian justice administration system has been a gradual process, shaped by numerous developments and milestones. Some of these are as follows- • The establishment of the Department of Experimental Psychology at Calcutta University in 1916 marked an important milestone in recognizing the significance of psychology in understanding human criminal behavior. Professor Narendra N. S. Gupta played a pivotal role in promoting the study of psychology in India and highlighting its relevance to law and crime. • In 1968, the CBI introduced the first lie detection division in its Central Forensic Science Laboratory (CFSL), a remarkable move in forensic psychology.
• The establishment of the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Science in Delhi in 1972 provided a dedicated platform for research, education, and training in forensic psychology and criminology. The institute has played a vital role in advancing knowledge in the field, conducting research studies, and offering specialized courses and programs in forensic psychology. 9 • In 1989, Dr. S. L. Vaya conducted the first court-authorized narco-analysis. However, they administered it against the person under investigation. 10 Polygraph and NarcoAnalysis Techniques have been employed in notable cases such as the Nithari killings11, the Stamp Scam12, and the double murder case in Noida13. • Interconnect between mental health and criminal justice received increasing attention. In 2017, The Mental Health Act14 was enacted to provide a legal framework for the
9 Safety and Security of Women and Girls, available at www.pib.gov.in (last visited March 14, 2024).
10 H. Hyderabadwalla, Forensic Psychology in India – Where Are We and Where Are We Going, Int’l J. Mental Health 4 (2003).
11 Surinder Koli v. State of Uttar Pradesh, (2011) 4 SCC 80.
12 Abdul Karim Telgi v. State of Maharashtra, (2007) 2 SCC 290.
13 Rajesh Talwar v. CBI, (2013) 82 ACC 637 (Allahabad HC).
14 The Mental Healthcare Act, 2017, Act No. 10 of 2017.
address, treatment, and rehabilitation of mentally ill individuals including the involved in criminal acts. • The growth of academic programs and research institutes specializing in criminal psychology contributed to advancing knowledge and understanding in the field. Universities and research institutions such as The National Institute of Mental Health and Neurosciences (NIMHANS), Bangalore, and The Institute of Forensic Science, Gujarat Forensic Sciences University, Gujarat, have been established that offer courses, conduct studies, and publish research papers on various aspects of criminal psychology, contributing to the evidence base and professional development of psychologists in the criminal justice administration. Criminal psychology started to receive more attention in India after the mid-20th century.
Before this, western models and theories primarily influenced the field of psychology in India which focused on general human behavior and mental processes. The establishment of forensic psychology as a specialized field within psychology paved the way for a deeper understanding of criminal behavior and its psychological underpinnings. The legislative framework in India and various International Conventions throws light on the progress that we have made in dealing with crimes employing psychological insights. Today, criminal psychology has expanded, encompassing diverse areas such as offender profiling, forensic assessment, risk assessment, and treatment of offenders. These areas have helped determine the offender’s risk levels to the community and help make informed decisions about sentencing, parole, and release. 15 These areas have been briefly discussed in the succeeding segment.
IV. LAWS REFLECTING THE INTERRELATIONSHIP BETWEEN CRIME AND PSYCHOLOGY Legislative Framework in India: India has several laws that reflect the interrelationship between crime and psychology. These laws recognize the influence of psychological factors on criminal behavior and aim to address 15 S. Sharma, Criminal Psychology – A Game of Mindplayers, available at www. primelegal. in (last visited Apr. 5, 2024). them in various legal contexts. Here are some examples: Indian Penal Code (IPC)16: The IPC is the primary criminal code in India and contains provisions that consider psychological factors relevant to criminal behaviour. For instance:
1 Section 84
This section deals with the defense of insanity. It states that a person who, when committing an offense, is of unsound mind and incapable of knowing the nature of the act or that it is wrong is not held criminally liable.
2 Section 300
This section defines the different forms of culpable homicide, including murder. It considers mental states such as intention, knowledge, and motive, which psychological factors influence.
3 Section 326A
Cases of acid attacks on women highlight the long-lasting psychological and emotional impact on the victims. The judiciary recognizes the need to consider the psychological consequences of such attacks when determining the appropriate legal response. Courts have handed down significant punishments and awarded compensation, taking into account the psychological harm caused to the victims.
4 Section 304B (Dowry death) & Section 498A (Cruelty by Husband and his relatives)
Dowry-related offenses, such as dowry deaths and harassment, are prevalent in India. The judiciary considers the psychological coercion, emotional abuse, and trauma faced by women in these cases. The mental anguish caused by dowry-related crimes is a crucial aspect that courts take into account while delivering justice. Ø Juvenile Justice (Care and Protection of Children) Act, 2015: This act recognizes that children's development and psychological well-being play a crucial role in their involvement in criminal activities. It provides for the care, protection, treatment, and rehabilitation of children in conflict with the law. It also emphasizes the need for psychological assessments and counselling for juvenile offenders.17
16 Indian Penal Code (1860), Act No. 45 of 1860.
17 Juvenile Justice (Care and Protection of Children) Act, 2015, §§ 18(g), 27, 93(1).
Ø Mental Healthcare Act, 201718: The Act stresses on the importance of assessing and addressing the mental health issues faced by the under trials and the persons in custody. There is an urgent need to ensure their right to mental healthcare services. Ø The Protection of Children from Sexual Offences (POCSO) Act, 2012: This act addresses sexual offenses against children and recognizes the psychological impact such crimes can have on victims. It takes into account the trauma experienced by child victims and provides for measures to protect their well-being, including special procedures for recording their statements and conducting trials in a child-friendly manner.19 Ø Criminal Law (Amendment) Act, 201320: This amendment to the Indian Penal Code,
1860 is the aftermath of the 2012 Delhi gang rape case. It recognizes the psychological
trauma suffered by victims of sexual offenses and includes provisions for enhanced punishment for such crimes. It also emphasized the establishment of special courts to expedite trials in cases of sexual crimes against women. Ø Indecent Representation of Women (Prohibition) Act (1986): The Indecent Representation of Women (Prohibition) Act focuses on preventing the portrayal of women in a derogatory or degrading manner. The legislation recognizes the harmful psychological impact of objectification and exploitation of women in media, advertisements, or any other form of representation. 21 Ø Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: The legislation that provides a safe and secure working environment for women also acknowledges the psychological trauma and emotional distress that victims of workplace harassment may experience.
It establishes mechanisms to prevent, prohibit, and address such offenses, considering the psychological well-being of women. 22
18 Mental Healthcare Act, 2017, Act No. 10 of 2017.
19 The Protection of Children from Sexual Offences (POCSO) Act, 2012, §§ 24, 26, 27, 39.
20 Criminal Law (Amendment) Act, 2013, Act No. 13 of 2013.
21 Indecent Representation of Women (Prohibition) Act, 1986, §§ 3, 4, 6.
22 Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, §§ 3(2), 15.
These are just a few Indian laws that reflect the interrelationship between crime and psychology. The Indian legal system recognizes the significance of considering psychological factors in understanding and addressing criminal behavior and strives to incorporate these aspects into relevant legislation. International Conventions: In addition to Indian laws, some international laws and conventions emphasize the significance of considering psychological factors in addressing crime. Here are a few notable examples: Ø Universal Declaration of Human Rights (UDHR)23: The UDHR, adopted by the United Nations General Assembly in 1948, recognizes all individuals' inherent dignity and rights. It emphasizes that nobody deserves to be tortured or subjugated to cruel, inhuman, or degrading treatment.
Ø United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)24: These provide guidelines for treating prisoners. They emphasize the importance of addressing prisoners' psychological well-being, including access to mental health services, individualized treatment plans, and the prevention of torture and other forms of ill-treatment. Ø United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)25: The CAT, adopted by the UN General Assembly in 1984, aims to prevent and prohibit torture and other forms of ill-treatment. It recognizes that psychological suffering can be as devastating as physical harm. The convention emphasizes the obligation of states to take measures to prevent and investigate cases of torture and to provide redress and rehabilitation for victims.
Ø United Nations Convention on the Rights of the Child (CRC)26: The CRC, adopted by the UN General Assembly in 1989, sets out the civil, political, economic, social, and cultural rights of children. It recognizes that children in the criminal justice system
23 Universal Declaration of Human Rights, 1948, Arts 6-11.
24 United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules),
Resolution A/RES/70/175, Rule 111. 25 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Arts. 16, 17.
26 United Nations Convention on the Rights of the Child, 1989, Arts 22-36.
have specific needs and vulnerabilities. The convention emphasizes the significance of considering the child's psychological well-being, rehabilitation, and reintegration into society. Ø Rome Statute of the International Criminal Court (ICC): The ICC, established by the Rome Statute in 1998, is the first permanent international criminal court. The statute recognizes that certain acts, such as genocide, crimes against humanity, and war crimes, can cause severe psychological harm to individuals and societies. It provides for the prosecution of persons liable for these crimes, taking into account their psychological impact. These international laws and conventions highlight the global recognition of the importance of considering psychological factors in addressing crime.
They emphasize the need for protecting the psychological well-being of individuals, preventing torture and ill-treatment, and providing appropriate rehabilitation and support for victims and offenders alike. V. ROLE OF CRIMINAL PSYCHOLOGY IN THE CRIMINAL JUSTICE SYSTEM As mentioned earlier, criminal psychology has proven beneficial in effectively addressing crime and criminals. Here are some examples: • Effective criminal profiling: By applying insights from offender profiling, investigators have narrowed down suspects, leading to successful identifications and apprehensions in criminal cases. • Enhanced investigative techniques: Understanding the psychology of offenders has helped to improve investigative strategies, such as eliciting accurate witness testimonies, identifying deception, and prioritizing leads based on behavioral analysis.
• Targeted interventions: Knowledge of the psychological factors that underlie criminal behavior has led to the development of targeted interventions and rehabilitation programs aimed at reducing recidivism rates. This knowledge has helped address criminal behavior at its core. • Improved risk assessment: Psychological assessments and evaluations have facilitated better risk assessment of offenders, helping to identify those who pose a higher risk to society and require closer monitoring or specific interventions. • Victim support and recovery: By studying victimology and the psychological impact of victimization, professionals can provide appropriate support services, counseling, and interventions to help victims recover from the trauma and prevent re-victimization.
• Evidence-based policies: Research in criminal psychology contributes to evidencebased policymaking, informing the development of effective crime prevention strategies, sentencing guidelines, and rehabilitation programs based on empirical findings. Incorporating psychological insights into the Indian criminal justice system can be noted in various judgments and legal discussions, such as in the case of Selvi And Ors. Vs. State of Karnataka27, Mohd. Arif Alias Ashfaq vs. Supreme Court of India,28 examined the relevance of psychological and sociological factors in evaluating prisoner’s reformation and rehabilitation. The court highlighted the need to assess the accused's psychological makeup, personality traits, and social circumstances when determining the appropriate sentence while ensuring fundamental individual rights.
• Understanding and addressing psychopathy: In cases involving individuals with psychopathic traits or antisocial personality disorder, knowledge from the area of criminal psychology assists in identifying and managing their risk, designing treatment programs, and ensuring public safety. • Psychological Evaluation in Court Proceedings: The judicature has also realized the relevance of psychological evaluation and expert testimony. Psychologists are called upon to provide expert opinions on various aspects of criminal cases, such as assessing the mental state of the accused, determining competence to stand trial, evaluating witness credibility, and providing recommendations for sentencing or treatment. 29 • Women's Rights and Gender-Based Violence30: Criminal psychology has played a crucial role in understanding crimes against women in India and addressing gender- 27 Criminal Appeal Nos.
54 of 2005, 55 of 2005, 56-57 of 2005, 58-59 of 2005, 1199 of 2006, 1471 of 2007, and Nos. 987 & 990 of 2010 [Arising out of SLP (Crl. ) Nos. 10 of 2006 and 6711 of 2007]. based violence. Psychologists have contributed to analyzing the psychological factors that contribute to such crimes, developing victim support strategies, and informing policies related to women's safety, empowerment, and justice. The Apex Court, in the Anita Kushwaha vs. Pushpa Sudan31 case, recognized the concept of "mental cruelty" as a ground for divorce. The court acknowledged the psychological impact of continuous harassment, emotional abuse, and humiliation on the victim's mental health and considered it an appropriate justification for the dissolution of a marriage. • Punitive Measures: Criminal psychology plays a crucial role in shaping the approach to punitive measures within the criminal justice system.
While punishment has long been a fundamental aspect of criminal justice, the subject of criminal psychology offers valuable insights into the effectiveness and implications of punitive measures. • Prevention of Recidivism: Criminal psychology also contributes to understanding and preventing recidivism. By identifying risk factors, assessing individual needs, and tailoring intervention programs, criminal psychologists help reduce the likelihood of reoffending. 32 Rehabilitation and reintegration efforts that address the psychological needs of offenders are more effective in reducing recidivism rates, promoting resistance to criminal behavior, and fostering positive behavioral change. Thus, the above demonstrates how incorporating psychological knowledge and expertise can ensure fair and just outcomes in criminal proceedings. VI.
JUDICIAL TRENDS VIS-A-VIS CRIMINAL PSYCHOLOGY IN THE INDIAN CRIMINAL JUSTICE SYSTEM The Indian judiciary carefully assesses how psychology influences criminal cases, examining critical dimensions of the relationship between psychology and crime. The observations in the landmark case of State of Punjab vs. Gurmit Singh33, shed light on the psychological dynamics involved in crimes against women. The court emphasized the significance of psychological profiling and assessment in understanding the behavior and
31 AIR (SCW) 3506
(2016) AIRSC 3506: (2017) 1 ALLMR 883: (2017) All SCR (Crl) 204.
32 Bandyopadhyay, S. S., Concept of Recidivism in Criminal Law, available at www.legalserviceindia.com (visited on 29th March, 2023).
33 1996 AIR 1393, 1996 SCC (2) 384, JT 1996 (1) 298, 1996 SCALE (1) 309.
motives of the accused. It recognized that psychological factors, such as power dynamics, gender biases, and societal norms, often influence the commission of crimes against women. The judgment highlighted the need to consider these psychological aspects during investigations and trials to ensure the effective administration of justice. This case set a precedent for future decisions that consider the interplay between psychology and crime in cases involving violence against women. It underscores the need to analyze the psychological dynamics involved, both in terms of the victims' experiences and the mindset of the perpetrators, to combat and address such crimes in Indian society effectively. By acknowledging the function of psychology in cases of suicide, the Chitresh Kumar Chopra vs. State, Govt.
of NCT, Delhi34 case delved into the importance of a comprehensive understanding of the psychological factors influencing suicidal behavior. It emphasized the need for a nuanced approach that takes into account the mental health and emotional wellbeing of individuals involved in such cases, ultimately contributing to a more informed and sensitive approach within the Indian legal system. Criminal psychology plays a pivotal role in dealing with serial killing cases, as exemplified by the infamous Raman Raghav Case35. The Raman Raghav case and other similar instances highlight the importance of criminal psychology in understanding and addressing serial killing cases.
By examining the psychological dimensions of such crimes, criminal psychologists contribute to both the investigative process and the formulation of appropriate legal responses, ultimately enhancing public safety and the administration of justice. In yet another landmark judgment of Navtej Singh Johar vs. Union of India36, the impact of psychology on decriminalizing Section 377 of the Indian Penal Code is manifest. While there are positive judicial trends concerning the incorporation of criminal psychology in the Indian criminal justice system, we still face several challenges. Limited resources, including a shortage of qualified forensic psychologists and psychiatrists, can impede the widespread utilization of psychological assessments and expert opinions.
The need for standardized protocols, training programs, and directions for using psychological evidence in courts is also essential to ensure consistency and reliability in legal proceedings. Furthermore,
34 AIR 2009 16 SCC 605.
35 State of Maharashtra v. Sindhi Alias Raman, 1975, SC, Criminal Appeal No. 158 of 1971.
36 Navtej Singh Johar v. Union of India, AIR 2018 SC 4321; W.P. (Crl.) No. 76 of 2016, D.No. 14961/2016. applying criminal psychological principles in India requires cultural sensitivity and contextual understanding. India's diverse socio-cultural landscape necessitates adapting and customizing psychological assessments, interventions, and rehabilitation programs to suit the population's needs. Collaboration between legal professionals, psychologists, and other stakeholders is crucial for developing culturally relevant and effective practices. VII.
CONCLUSION
The interplay between crime and criminal psychology is crucial within the Indian criminal justice system, which aims to understand and address criminal behavior by recognizing the role of psychological factors. Laws and provisions in India consider the mental state and motivations of those involved in crimes, with a particular focus on addressing the psychological trauma of victims, especially in crimes against women. The system also values psychological assessments to determine guilt, competence, and potential rehabilitation. The Indian judiciary uses case laws and precedents to deepen its understanding of the relationship between crime and psychology, refining its approach to include psychological factors in legal processes.
Despite progress, there is a call for more research, training, and interdisciplinary collaboration to integrate criminal psychology into the justice system better. A holistic approach to crime prevention, investigation, and punishment, incorporating psychological perspectives, is critical to creating a safer society and addressing the root causes of criminal behavior. Essential steps include: • making criminal psychology a mandatory part of legal education, • offering specialized training for legal and law enforcement professionals and involving expert psychologists in legal cases.
Developing standardized guidelines for psychological assessments and fostering collaboration between justice agencies, mental health professionals, and community organizations are also vital for promoting rehabilitation and ensuring fairer trials, which will ultimately lead to reduced crime and safer communities.