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A brief discussion of Pre-Sociological Position of Crime Causation” from the syllabus


Pre-Sociological Position of Crime Causation

Before the rise of the Sociological School, crime was mainly explained by religious, moral, and biological theories. These early views are called the Pre-Sociological Position. They focused more on the individual or supernatural causes, not on society.

1. Demonological / Religious Theory

  • Crime was seen as the result of evil spirits, sin, or supernatural forces.
  • In ancient societies, criminals were believed to be “possessed by the devil.”
  • Punishment was very harsh: death, torture, or exile.

Example:
In medieval Europe, witches were burned alive for crimes like sorcery.

Case Law (Indian context):
Chandra Kant v. State of Himachal Pradesh (2002) – The court condemned “witch hunting” practices, which show the leftover effect of demonological beliefs in rural India.

2. Classical School (Cesare Beccaria, Jeremy Bentham)

  • Crime is the result of free will and rational choice.
  • People commit crimes after calculating pleasure vs. pain.
  • If punishment is swift, certain, and proportionate, crime will reduce.

Example:
If theft is punished quickly and proportionately, people will think twice before stealing.

Case Law:
Rajendra Prasad v. State of UP (1979) – The Supreme Court observed that punishment should be just, fair, and not excessive, which reflects Classical School ideas.

3. Positivist / Biological Theories (Cesare Lombroso)

  • Crime is caused by biological defects or inherited traits.
  • Lombroso (Italian criminologist) said criminals are “born criminals” with physical abnormalities (big jaws, long arms, flat noses).
  • Later, his theory was criticized but it started the scientific study of criminals.

Example:
Some studies tried to show a link between genetics and criminality, but today we know social factors are equally important.

Case Law:
State of Maharashtra v. Sukhdev Singh (1992) – The Court said no person can be called a criminal by birth; environment and society play a bigger role.

4. Psychological Theories

  • Crime is caused by mental illness, emotional conflict, or weak personality.
  • Criminals may have disorders like psychopathy, low impulse control, or aggression.

Example:
Serial killers often show psychological imbalance.

Case Law:
R v. McNaghten (1843, UK) – Established the McNaghten Rule: a person is not guilty if at the time of the act he did not know the nature of the act due to unsoundness of mind.

  • In India, this principle is in Section 84, IPC (Act of a person of unsound mind).

Summary for Exams

  • Pre-sociological position = individual-based theories.
    • Demonological → Crime due to evil forces.
    • Classical → Crime due to free will (rational choice).
    • Positivist/Biological → Crime due to inherited defects.
    • Psychological → Crime due to mental illness.

Difference from Sociological School:

  • Pre-sociological → Focus on individual or supernatural causes.
  • Sociological → Focus on social environment and structure.


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