Urban Crimes in India

Component-I (A) - Personal Details

Component-I (B) - Description of Module

Items Description of Module

Subject Name Geography

Paper Name Urban Geography

Module Name/Title Urban Crimes in India

Module No. UG-15

Pre-requisites Urban Areas, Crime, Types of Crime

Objectives To develop an understanding of the different types of crime committed in urban areas of India.

Keywords Crime, Offence, Cognizable Offence, IPC, SLL.

Role Name Affiliation

Principal Investigator Prof. Masood Ahsan Siddiqui Jamia Millia Islamia, New Delhi

Paper Coordinator, if any Dr. Deeksha Bajpai Dayal Singh College, Delhi

University

Content Writer/Author

(CW)

Dr. Upma Gautam University School of Law and

Legal Studies (USLLS), GGSIPU

Content Reviewer (CR) Dr. Deeksha Bajpai Dayal Singh College, Delhi

University

Language Editor (LE)

Component II - e-Text

Urban Crimes in India

Introduction

The term ‘Law’ in effect refers to a sequence of cause and effects. It signifies a body of rules to

guide human conduct in a given society, and the person who acts in a manner contrary to these

norms commits a ‘wrong’. The term ‘wrong’ can be further classified into moral wrong and legal

wrong. The difference between both lies in the very fact that moral wrongs are not punished by

the State and are condemned by social disapproval. A moral wrong gains the stature of an

‘offence’ only when such act is prohibited by a legally prescribed code and when such act is so

prohibited by the State it becomes an ‘offence’.

Further, the term offence is a wide concept which includes civil as well as criminal offences.

Therefore, all the acts contrary to law, though categorized as legal offences are not necessarily

crimes. So, now the question arises that which offences are crime? The answer of this question

lies in the special features which are present in a criminal wrong. Such wrongs ,i.e., crime are

offences against the state unlike the other category of offences termed as civil offences which are

offence against a particular individual. Therefore, a criminal wrong being the wrong against the

state is investigated, tried and punished by State agencies.

Note:

Sometimes an act may be both a civil offence as well as a crime. Such offences are popularly

known as ‘Felonious Torts’. For example- nuisance, negligence, defamation, trespass, etc. In

such cases, the wrongdoer can be prosecuted under criminal law as well as a civil suit can be

filed against him.

Figure 1: Difference between Crime, Offence and Wrong

Understanding Crime

Crime, the term, though cannot be defined precisely and exhaustively has been known through all

the ages and civilizations. The various definitions of crime given by jurists reflect the penal policy

adopted by the State for social control. The acts declared as criminal are not only acts forbidden

by law, but also should be revolting to the moral sentiments of the society. Moral sentiment being

the flexible term doesn’t allow the crime to be a static concept and therefore it changes with the

change of the society. The concept of crime changes from time to time in the same country and

within a country or from country to country at the same time because it is conditioned by moral

values approved of by a particular society at a particular time in a particular country.

Sociologists perceive crime as a social phenomenon and understand criminal law in a sense of the

instrument that protects the social interest. Thus, what acts are declared as a crime in a society

depends upon the kind and number of social interests which are ought to be protected by such

declaration. In the words of Roscoe Pound, these interests can be categorized as

1. Interest in general- which includes interests in general safety, general health, peace and

public order, security of transaction etc.

2. Interest in security of social institution – which includes interests in domestic institution,

religious institutions and political institutions.

3. Interest in the general morals- which includes all social demand to be secured against acts

or conduct offensive to oral sentiments of individuals at a given time.

Crime

Offence

Wrong

4. Interest in conservation of social resources – which includes the idea that goods of

existence shall not be wasted which warrants that dependants, defectives and delinquents

are to be trained, protected and reformed.

5. Interest in general progress- which includes interests in economic, political and cultural

progress.

6. Interest in individual life.

Urbanization of Crime

Social changes affect the concept of crime in many ways which can be through development in

science, technology, through changes in predominant moral and social philosophy, through

changes in the structure of society, especially in its transition from a rural self contained and

relatively sparsely populated to highly urbanized, industrialized pattern.

Criminal offences dealing with the protection of life and liberty have essentially remained

unchanged, but offences against property have undergone more profound changes mainly as a

result of transformation of a primitive agricultural society into a commercial or industrial one. The

original crime of theft as understood in rural and less developed setup have transformed into

embezzlement and fraudulent conversion, so as to protect the owners of commercial property

against those entrusted with its handling. The growth of commercial and financial transaction has

made the offence of fraud increasingly important in an urban setup which is a modern commercial

society. The offence of theft, which predominantly penalizes the lower classes of society for

interference with the property of others has transformed into white collar crime in an urbanized

society. Even the concept of property has widened, which now not includes the tangible things, but

also assets like electricity, shareholder claims, copyrights, patents, intellectual proprietary and the

like.

Criminal Law in India

The criminal laws regulating penal liability can be broadly categorized into two categories:

Substantive Criminal Law – This branch of law includes Indian Penal Code, 1860 and other

Special Acts dealing with specific crimes such as the Prevention of Corruption Act, 1988, Sati

Prevention Act,1987, Arms Act,1959 etc.

Procedural Criminal Law – This branch of law includes Code of Criminal Procedure, 1973 and

The Indian Evidence Act, 1872. Code of Criminal Procedure classifies the offences given into

(a) Cognizable Offence :

These offences as defined under Section 2(c) of Cr.P.C. are the offences in which

the police officer can start the investigation without the permission of the Magistrate

and has the power to arrest the person without warrant. The information regarding

the commission of these offences is recorded by the police officer under section

154 of Cr.P.C. which is commonly known as FIR.

(b) Non-Cognizable Offence :

These offences are the offences which are defined in section 2(l) of Cr.P.C. . The

police officer can’t start investigation regarding these offences without the

permission of the magistrate. The information is recorded regarding these offences

under section 155 of Cr.P.C. i.e. to say in these offences FIR is never recorded..

Further, the police officer is not having any power to arrest without warrant if the

person has committed a non-cognizable offence (except one circumstance where

the person refuses to give his name address to the police officer or if the police

officer believes that the name address is not true, then the person can be arrested to

ascertain the correct name and address.

Note:

Substantive Laws are the laws which provide rights and duties of the individual. The substantive

criminal law provides essential ingredients of every crime and also provides the punishment for the

same.

Procedural Laws lays down the procedure by which substantive law is to be regulated. The Code of

Criminal Procedure distinctly classifies the offences given under the IPC into Cognizable/Non-

cognizable; Bailable/Non-Bailable; Compoundable/Non-compoundable offences and also lays

down the procedure for registration of criminal cases, police investigation, inquiry and conduct of

criminal trials.

Broad Classification of Crimes

i) Crimes against body: Murder,

Attempt to commit murder,

Culpable homicide not amounting

to murder, Kidnapping &

Abduction, Hurt, Causing death

by negligence;

ii) Crimes against property:

Dacoity, Preparation and

assembly to commit Dacoity,

Robbery, Burglary and Theft;

iii) Crimes against public order:

Riots and Arson;

iv) Economic crimes: Criminal

breach of trust, Cheating &

Counterfeiting;

v) Crimes against women:

Rape, Dowry death, Cruelty by

husband or his relatives, Assault

on woman with intent to outrage

her modesty, Insult to the

modesty of women and

Importation of girls from foreign

country;

vi) Crimes against children:

Child rape, Kidnapping &

Abduction of children,

Procuration of minor girls, Selling

and Buying of girls for

prostitution, Abetment of suicide,

Exposure & Abandonment,

Infanticide and foeticide;

vii) Other IPC crimes.

Crimes under the Special and

Local Laws (SLL)

i) Arms Act, 1959;

ii) Narcotic Drugs & Psychotropic

Substances Act, 1985;

iii) Gambling Act, 1867;

iv) Excise Act, 1944;

v) Prohibition Act;

vi) Explosives & Explosive

Substances Act, 1884 & 1908;

vii) Immoral Traffic (Prevention)

Act, 1956;

viii) Indian Railways Act, 1989;

ix) The Foreigners Act, 1946;

x) Protection of Civil Rights Act,

1955;

xi) Indian Passport Act, 1967;

xii) Essential Commodities Act,

1955;

xiii) Antiquities & Art Treasures

Act, 1972;

xiv) Dowry Prohibition Act, 1961;

xv) Prohibition of Child Marriage

Act 2006;

xvi) Indecent Representation of

Women (Prohibition) Act,

1986;

xvii) Copyright Act, 1957;

xiii) Commission of Sati

Prevention Act, 1987;

xix) SC/ST (Prevention of

Atrocities) Act, 1989;

xx) Forest Act, 1927;

xxi) Other crimes (not specified

above) under Special and

Local Laws including Cyber

Laws under Information

Technology Act, 2000.

Metropolitan Cities of India

The term ‘Metropolitan City’ here refers to city having population of 10 lakh (1million) or more.

The number of such cities has increased from 35 in the year 2001 to 53 in the year 2011. The

population of these 53 mega cities constitutes nearly 13.3% of the country’s total population. The

forthcoming analysis of urban crime pattern in the country does not refer to the total urban places

in the country, but restricts to only 53 mega cities having an urban population of only 1607.24 lakh

as per The Population Census 2011.

Different types of crimes are reported both in urban areas as well as in rural areas. It has to be

borne in mind that no crime is categorized as occurring exclusively in urban areas. An acceptable

definition of urban crime can be the different types of crimes which have been committed in urban

areas. Urban areas are defined as :

a) All places with Municipality, Corporation,Cantonment Board or Notified town area

committee.

b) All other places satisfying the following criteria:

a. A minimum population of 5000.

b. At least 75 percent of the adult male working population is engaged in non-

agricultural pursuits.

c. A density of population of at least 400 persons per square kilometer.

But, it is important to note that while types of crime may be similar, it is those occurring in urban

areas whose specification and ramifications are different from those reported from rural areas.

As per Section 8(1) of Cr.PC, the State Governments have the power to declare, by notification,

any area in the state comprising a city or a town, whose population exceeds one million (10 Lakh),

as a metropolitan area. Vide Section 20(5) of the Cr.PC, the State Governments can confer, under

any law, for the time being in force, on a Commissioner of Police, all or any of the powers of an

Executive Magistrate in relation to a Metropolitan Area.

Table 1-Trends of Metropolitanization in India, 1901-2011

Census Year Number Population

(millions)

Percent of Urban

Population

1901 1 1.51 5.84

1911 2 2.76 10.65

1921 2 3.13 11.14

1931 2 3.41 10.18

1941 2 5.31 12.23

1951 5 11.75 18.81

1961 7 18.1 22.93

1971 9 27.83 25.51

1981 12 42.12 26.41

1991 23 70.66 32.54

2001 35 107.88 38.6

2011 53 160.06 42.6

Crimes in Urban Areas

National aggregate crime statistics may mask important differences among sub national geographic

areas throughout the country. Statistics show that crime rates in metropolitan areas, as well as the

criminal justice response, differ significantly from those in suburban areas, cities outside

metropolitan areas, and non-metropolitan counties. The uneven distribution of crime has

implications for responding to crime, supporting victims, and allocating criminal justice system

resources.

Urbanisation is an increase in population and economic activities in the urban areas which leads to

further development of towns and agglomerates to contain this rising population. It is a cause and

effect of heightened economic progress in a region (Census of India, 2011). It plays an enormous

role in social transformation and economic mobility all over the world. In fact, the process of

urbanization has been transforming the developing countries from ‘countries of villages’ to

‘countries of cities and town’.

When we talk about the challenges of urbanization, we can't ignore the changing lifestyle of people

in urban areas and the role this 'change' has to play in their behavior. An individual's position in the

society puts several limitations on him and he resorts to crime in a bid to adapt to these limitations.

Other than the option of resorting to crime, the person also needs to have opportunities to learn

how he can commit crime. This works on the basis of Edwin Sutherland's differential association

theory, which states that a person learns the values, attitudes, and techniques required for criminal

behavior on interacting with others. While things are not very different in rural areas, the intensity

of certain factors differs there. This difference can be attributed to the difference in urban and

rural living. In rural areas, cultural factors have a much more dominant role to play as compared to

other factors.

The connection between crime and city size is hardly a new fact. Criminologists have discussed the

urban tendency towards crime for decades. Wirth (1938) discussed the observed connection

between crime and urbanization and argued that this connection is evidence for his theory of

“urbanism as a way of life.” In fact, further back in time, social observers have for centuries

assailed cities for their supposed concentration of immoral activities. Jefferson wrote that “I view

cities as pestilential to the morals, the health, the liberties of man,” and Rousseau claimed that

“cities are the abyss of the human species.”

There are various theories that explain the connection between cities and crime. The earliest ideas

on this topic were written by Emile Durkheim, George Simmel and Max Weber. Wirth claimed

that urban crime rates reflect the more anonymous and unstable nature of urban life. Wilson and

Hernstein (1984) also focus on high numbers of temporary urban residents who fear neither

recognition nor community reprisals. Milgram (1970) claimed that cities create an informational

overload that leads bystanders to avoid involvement in crime against their neighbours. Jacobs

(1961) argued that cities abet crime when urban neighbourhoods lose (as they often do) their

traditional social structures.

Owing to a higher population density and close proximity of residences, the urban areas are

generally recognized as breeding grounds for the criminals and prone to higher incidence of crimes

compared to rural areas. The unchecked and unplanned growth of cities as well as a large floating

population is major contributing factors for urban crimes. Criminal propensity is also known to be

higher in urban industrial areas. Migration of poor, illiterate people having roots in a simple

environment consequent to migration suffer emotional instability in the urban setting. They are

easily lured into theft, robbery, smuggling and other illegal activities.

Urban Crime Pattern Analysis

The present analysis of metropolitan cities is restricted to 22 major specified crimes under IPC

and 21 specified crimes under SLL. At the All India level, over a period of three years from 2012-

2014, the cognizable crimes under IPC rose from 2387188 to 2851563, an increase of about

464375. There is a net addition of more than 1.5 lakh cognizable crime under IPC over a period

of three years.

Table 2: India: Incidence and Rate of Cognizable Crime, 2012-2014.

Incidence Rate

IPC SLL IPC SLL

2012 23,87,188 36,54,371 196.7 301.2

2013 26,47,722 39,92,656 215.5 324.9

2014 28,51,563 43,77,630 229.2 351.9

Over the same time period, the crime committed under Special Laws increased from 3654371 to

4377630, an increase of 7,23,259. There is a net addition of more than 2.5 lakh crimes under SLL

over a period of three years.

Fig.2: Crime rate: India and metropolitan cities,2014

A total of 1,843,862 cognizable crimes consisting of 6,16,639 cases under the IPC and 12,27,223

under the S & LL was reported in 53 metropolitan cities during 2014.The proportion of these

crimes to the total crimes at the National level was 25.50 percent against the population share of

about 18 percent. The crime rate in Metropolitan cities for cognizable crimes under IPC in the

year 2014 was 383.7 per lakh of population as against the National average of 229.2 . The crime

rate in metropolitan cities for cognizable crimes under S& LL in the year 2014 was 763.6 as

against the National average of 351.9. The total Cognizable Crime committed under IPC in the

year 2014 in 53 metropolitan areas was 616639. Out of these, Delhi takes the largest share by

contributing 139707 cases. The other cities with large numbers of cognizable crime committed

under IPC are Mumbai, Bengaluru, Kolkata, and Jaipur. But, Delhi leads the pack by a large

margin.

0

100

200

300

400

500

600

700

800

IPC SLL

India and Metropolitan Cities:Crime Rate ,2014

Metropolitan Cities National Average

Fig.3: India: Incidence ofCognizable Crimes

Delhi is the national capital of the country, but it is not for nothing that Delhi is always referred to

as ‘crime capital’ of the country too. Delhi contributes about 23 percent of the total cognizable

crimes committed under IPC in metropolitan areas of India. The second ranking metropolitan city

in contributing to the total number of cognizable crimes under IPC is Mumbai. It only contributes

about 6 percent to the total number of cognizable crimes committed under IPC by metropolitan

cities.

Fig.4: India: Percent Contribution of selected Cities Total Cognizable Crime

0

20000

40000

60000

80000

100000

120000

140000

Del

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Gw

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Jaip

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Ko

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Ko

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Thir

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Incidence of Total Cognizable Crimes

Incidence of Total Cognizable Crimes

Delhi (City) GwaliorJaipur KollamKochi PatnaThiruvananthapuram VadodaraBhopal Jabalpur

The ‘crime rate’ defined as the ‘number of crimes’ reported per 1,00,000 population is universally

taken as a realistic indicator since it balances the effect of growth in population and size of the

State. The average rate of crime in metropolitan centres for cognizable crime under IPC was 229.2

per lakh of population and for cognizable crimes under SLL for the same year was 351.9 per lakh

of population. In the year 2013, Coimbatore reported the highest crime rate of 834.3 among the

mega cities in the country followed by Indore (809.9), Jaipur (780.6), Gwalior (715.6) and Nasik

(702.8). In the year 2014, Indore was the city with the highest crime rate of 885.9 closely followed

by Delhi (856.3), Gwalior (850.2), Jaipur (848.4). Amongst the top ten cities with the highest crime

rate of cognizable crimes under IPC, four are from Madhya Pradesh.

Table 3: Crime Rate

Incidence Rate

IPC SLL IPC SLL

2012 23,87,188 36,54,371 196.7 301.2

2013 26,47,722 39,92,656 215.5 324.9

2014 2851563 4377630 229.2 351.9

IPC Crime in Urban Areas: Violent Crime

Violent crimes affect the life and safety of the people. Such crimes induce a sense of insecurity and

fear in the community. The frequency and the magnitude of such crimes also affect the public

peace. The following IPC crimes reported to the Police authorities have been grouped as ‘Violent

Crimes’ for the purpose of crime analysis in this chapter.

I. Violent crimes affecting life Murder, attempt to commit murder, culpable homicide not amounting to murder, dowry deaths

and kidnapping & abduction;

II. Violent crimes affecting property Dacoity, preparation & assembly to commit dacoity and robbery;

III. Violent crimes affecting public safety Riots and arson;

IV. Violent crimes affecting women Rape.

A total of 25579 violent crimes affecting life were committed in the metropolitan cities of the

country. The All India figure for the same crime was 160699. About 16 percent of the total violent

crimes affecting life in the country were committed in the metropolitan cities. Delhi again leads

other metropolitan cities in the incidence of murder. A total of 472 murders were reported in

Delhi in the year 2014. About 13.34 percent of the total murders committed in the metropolitan

cities was committed in Delhi. Delhi is followed by Bengaluru (242) and Patna (205).

Fig.5: Incidence of Kidnapping and Abduction

A total of 15787 cases of kidnapping and abduction were registered in metropolitan cities of India.

Delhi again takes a large chunk of the total cases registered. 6061 such cases were registered in

Delhi. Delhi alone accounts for 38.39 percent of the total registered cases of kidnapping and

abduction in metropolitan cities. It is followed by Bengaluru (708), Jaipur (653), Patna (599) such

cases.

Delhi38%

Metropiltan Cities62%

Fig.6: Number of Dowary Deaths

Number of dowry deaths reported from metropolitan cities in the year 2014 was 749. Delhi

dubiously again ranks first with 127 such registered deaths. Bengaluru is a distant second with

almost half the number of registered dowry deaths. It is followed by Patna, Agra, Jaipur and

Lucknow.

A total of 15666 violent crimes affecting property were committed in the metropolitan cities of the

country. The All India figure for the same crime was 45300. About 35 percent of the total violent

crimes affecting property in the country in the year 2014 were committed in the metropolitan

cities. The crimes committed under this head are significantly more in metropolitan cities because

of the high density of population, close proximity of buildings and escape avenues available.

Table 4: Violent crime Activity

Violent Crime Affecting Property

Metropolitan Cities India

Dacoity 517 4395

Preparation and Assembly to Commit Dacoity 674 2834

Robbery 14475 38071

Total 15666 45300

0 20 40 60 80 100 120 140

Delhi

Bengluru

Patna

Agra

Jaipur

Lucknow

Gwalior

Asansol

Kanpur

Indore

Source: NCRB, 2004.

A close look at the table reveals that about 12 percent of dacoity, 24 percent of preparation and

assembly to commit dacoity and 38 percent of Robberies in the country are committed in the

metropolitan cities alone. A city wise analysis depicts the fact that as in most violent crime under

IPC, for robbery too, Delhi stands alone first contributing a huge 41 percent of the total registered

cases in the metropolitan cities. 15 percent of the entire countries’ cases of robbery are committed

in Delhi alone. Delhi is followed by Mumbai, which contributes less than half (2094) of that of

Delhi figure. it is followed by Bengaluru, Pune and Nagpur.

A total of 6050 violent crimes affecting public safety were committed in the metropolitan cities of

the country. The All India figure for the same crime was 75331. About 8 percent of the total

violent crimes affecting public safety in the country were committed in the metropolitan cities.

Patna ranks highest in reporting riots. It is followed by Mumbai and Bengaluru. In cases of arson,

Delhi tops the charts again.

Safety and security of women is an integral aspect of analysis of crime scenario in urban areas. A

total of 5761 violent crimes affecting women, i.e. rape were committed in the metropolitan cities of

the country. The All India figure for the same crime was 36538. About 16 percent of the total

violent crimes affecting women in the country were committed in the metropolitan cities.

Fig.7: Delhi: Crime Against Women

0

1000

2000

3000

4000

5000

6000

Rape Assault on womanwith intent to outrage

her modesty

Insult to the modestyof women

Nu

mb

er

of

Cas

es

Delhi: Trend of Crime against Women

2013

2014

Delhi is often described as ‘the Rape Capital of the country’. Among 53 Cities, Delhi city has

reported the highest incidents of sexual crimes accounting for 29.4% (1,441 out of 5,406 cases),

25.8% (3,069 out of 11,913 cases) and 23.9% (807 out of 3,375 cases) of total cases reported under

crime heads ‘Rape’, ‘Assault on woman with intent to outrage her modesty’ and ‘Insult to the

modesty of women’ respectively during 2013. In the year 2014, Delhi contributed 31.47% (1813

out of 5761cases), 26.67% (5709 out of 21399 cases) and 25.4% (966 out of 3804 cases) of total

cases reported under crime heads ‘Rape’, ‘Assault on woman with intent to outrage her modesty’

and ‘Insult to the modesty of women’ respectively.

Crimes under special and local laws 53 cities have reported 12,27,223 cases registered as crimes under special & local laws during the

year 2014as compared to 12,03,514 cases in the year 2013. The incidence of crime under SLL

during the year 2014 shows an increase of 1.96% in mega cities as compared to increase of 1.52%

observed at the national level. Chennai contributed the highest proportion of cognizable crime

(almost 12 percent) under SLL category. It was followed by Agra in the year 2014.

Table 5: Cognizable Crime Under SLL Category

Cognizable Crime Under SLL Category

Year Incidence Rate

2009 8,91,576 826.5

2010 11,19,621 1037.8

2011 11,49,059 713.2

2012 11,03,858 685.2

2013 12,03,514 748.8

2014 12,27,223 763.6

Source: NCRB, 2014

Among 53 mega cities, 72% of cases under Narcotic Drugs and Psychotropic Substances Act were

reported in Mumbai. 37.37 % of cases under Prohibition Act were reported in Surat , 28.84 % of

cases under Explosive and Explosive Substances were reported in Allahabad. 11.77% of cases

under Arms Act were reported from Ghaziabad.

Crime rate (SLL)

For the cognizable crime under SLL category, the crime rate in mega cities (763.6) was more than

twice of the National average (351.9). The highest crime rate of SLL crimes during the year 2014

was reported from Raipur (11457.7) followed by Agra (7953.2).

Conclusions

Crime is primarily the outcome of multiple adverse social, economic, cultural and family

conditions. To prevent crime, it is important to have an understanding of its roots. Social root

causes of crime are: inequality, not sharing power, lack of support to families and neighborhoods,

real or perceived inaccessibility to services, lack of leadership in communities, low value placed on

children and individual well-being, the overexposure to television as a means of recreation. One of

the significant causes is unemployment. Because people do not have a stable job which helps them

to pay everything in their lives, such as foods, clothes, so they cannot improve their lives. As a

result, although something is unlawful, they must do to have money.

Crime can be closely linked to the conditions for children in our community. There is a strong

link between reducing risk and building resilience in children and decreasing crime. Problems

arise when the larger social, political and economic systems within which children live jeopardize

the family's resources and create stress on the family unit. As a result, the provision of appropriate

care and required resources to all children will have great significance for their long term physical,

intellectual, and emotional well-being and their development into independent, healthy adults.