A social phenomenon which is often understood to be a Crime, as the distinction between Society and Crime are supplementary and coherent to each other. A fact which would probably not be absolute and can be accepted on the basis of part. The term ‘Crime’ is defined as the society, since an outlaw to be considered as condemnable by the majority of the society as to be an offence with the constituent responsible for such an abhorrent act as a wrongdoer or as a criminal.
Every act which is subjectively may not be classified as a crime or an offence, as to those only acts which the society considers worth debarring fall under the said category of crime. The perception of crime or an offence is determined by the whims and fancies of the society as to the aspect of absolute conscience which are collectively meant to be true. Instantly, it is that the inter caste marriage is not considered as a crime and however, at the same time acts like ‘Honour Killings’ are always considered to be the punishable ones by the state. If the society organises or solemnizes the marriage of two minors, then the act would amount to appear as justifiable to the concerned members, as the same results in an offence under the law.
In the absence of society or societal values, with the rules and norms adopted by the society, no act may be called a crime. With the light of the same, one may also say that no crime can be committed in the ‘Hobbesian State of Nature’ since there are no rules and people acting accordingly to their whims and fancies with the Darwin’s survival of the fittest holds a mettle even with the reference to the humans.
Another segment of the same society which is broad minded and it forms the correct majoritarian view of the society holding that the same which should be allowed and prohibited by law. However, it is considered to be an evil for society and detrimental to the interest of the cohesion between the society and crime, in the absolute sense but an evolutionary perspective is to be read along. Like society generates crime, in the creation of the society crime has a vital role to play. When a certain act of an individual or a group of an individual is detrimental to the masses, the majority comes together forming an institution to deter the wrong act of their interest in the process of new organisations and institutions which are important for the growth of the society’s development. Hence, it will not be a gain that a crime and a society are also supplementary to each other.
SIGNIFICANCE OF CRIME:
It can be mentioned at a stage that it is not very difficult to develop upon a mechanism to either create an absolute equality or a balance in the society. Such imbalances should not relate to materialistic, financial, potential but it must be natural. As per the needs of the people in the society, the individuals indulge in various kinds of professions and functions. The scope and the requirements which inevitably lead to imbalance in the society, which in result affect give rise to desperation and change in human behaviour resulting in a crime.
A result of persisting inequality can be formed in the society and the large gap between the haves and the have-nots became the driving force for the commission of the crime in the society, after the concerned majority has defined the same. One among the natural reasons for crime being indispensable in the society are certain unruly elements in the society are intolerant for the physical comfort level or to disturb the comfort of others they resort to illegal means and activities and commit crime. These unruly elements which get to know and experience the comfort of others only because there is a society and an individual in the society having different opportunities leading different kinds of life.
Man is a social animal and he prefers to live in society and interact. Sometimes during the interaction, he becomes intemperate and turns violent. A self thinking creature obeying the rules only till the time that they benefit him and also choses to break him when they pose an obstruction in his way. The offences which coexist with the society and people are always a connector.
FORMULATION OF CRIME:
The rules and regulations of the formulated for the benefit of the masses by the state, society, will never be discouraged from disobeying them. One among such violations may happen in case of traffic rules, every member of the society knowing the obedience of these rules and regulations are important for their safety, but still choose to violate them for some petty gains. The subjectivity is essential for the following as it is inception, the rulers and authorities framing the rules and issuing the ordinances to check the crimes being deterred as what the crime coexists with the society. Unfortunately, the truth is that crime is the creation of society.
Criminals are the creation of society and probably the existence of the same may not be imagined without society. The reason for a stricter implementation for an offender is questioned and their rehabilitation is what is being asked for. In other words, the emphasis is more on a reformative form of punishment than on a deterring or prohibitive ones.Though the crimes can be classified in various categories and subcategories, with reference to the psychological effect, these can be classified in two categories i.e. professional and ‘off the cough’ or brusque. At times professional crime is taken more seriously and the brusque crime is not taken with such seriousness, this is when the problem is addressed from a large perspective. But when the things are dealt at micro level more attention is paid to the brusque offences and the professional offences are not taken with that seriousness. It would not be gainsaid that most of the time professional criminals are accepted as part of crucial institutions of the society. The presence of members of parliament and even the ministers with criminal records authenticate such perception.
Though the professional criminals in the society need to be dealt with rigorously and in a more organised way, the attention needed to be paid to eliminate brusque offences could not be of a lesser degree. The legal means of survival and livelihood are normally not speedy enough to achieve accelerated prosperity in life, thus in order to reach the height in short time people resort to legal manners in a professional and organised manner and often these kinds of crimes are accepted as normal transactions of business. A particular percentage of commission given by government contractors to the official associated with the function of awarding the contract and passing their bills is treated as accepted norms and the eyebrows are raised when something beyond that. The charge of exorbitant fees by the lawyers and other professionals and their institutions and commission by estate agents is a professional irregularity but has not been described even as crime. Though the professional crime is of more heinous nature but in the long run the society becomes accustomed to it and it is off the cough or brusque crime is usually seen as more heinous crime and disturbs the daily life of individuals in the society. Such crime is usually concerned with the honour and dignity of human beings.
It may appear quite bizarre to perceive in the beginning that the crime then contributes to innovation in the society but it is a strange truth that the crime not only contributes to innovation, but also to invention. The spy camera and CCTV cameras are live examples of inventions caused by the crime. Similarly when it is felt that a certain act of a person is detrimental to society as a whole or to a particular individual but is not covered by the definition of the offence, need is felt to make new law which can certainly be described as innovation caused by the crime. At times certain criminal activities do not lead to new enactment but modification of the existing provision of law itself. The domestic violence act is one of the recent examples of innovation in law caused by the crime. The development of sociological mores and norms by the passage of judicial decisions is a classic example of how conflict and disputes may lead to development of better social instructions of behaviour.
About the author
Vijayalakshmi Raju,is a final year student pursuing BA LL.B (honors) from Dr. Ambedkar Global Law Institute, Tirupati, A.P.. She is a law learner; researcher; legal news reporter and editor of Lex intelligentsia & Internationalism website. Her interest lies in learning and researching in the field of science, technology, and law. Her interest also extends in IPR, International Law, IBC & Criminal Law.