SOCIOLOGY AND CRIME PREVENTION: A JURISPRUDENTIAL ANALYSIS

Abstract 

Law and society are intrinsically linked, and this interdependence becomes particularly evident  in the study of crime. The sociological school of jurisprudence asserts that legal systems cannot  be understood in isolation from the societies they serve. This article examines whether  sociology can contribute to the prevention of crime by analysing criminological theories, social  risk factors, and the role of law as a tool of social engineering. It further evaluates how  sociology has influenced the development of legal frameworks in India, including the Juvenile  Justice Act, abolition of Sati, and child marriage prohibition. The conclusion underscores that  crime prevention cannot be achieved solely through punitive laws but requires a holistic  approach grounded in sociological realities. 

Introduction 

The law does not exist in a vacuum; it evolves with society and reflects its values, aspirations,  and problems. The sociological school of jurisprudence, advanced by jurists such as Auguste  Comte, Roscoe Pound, Eugen Ehrlich, and Duguit, emphasizes the interplay between law and  society. In this context, criminology—one of sociology’s fastest-growing branches—offers  insights into the causes of crime and the effectiveness of legal responses. 

This article explores whether sociology can play a preventive role in curbing crime. By  analysing sociological theories of criminal behaviour and examining how societal factors shape  law-making, the article argues that sociology is indispensable for developing effective legal  strategies against crime. 

Criminology and its Sociological Connection 

Criminology studies the causes of crime and societal responses to it. Unlike purely  psychological approaches, criminology often adopts a sociological lens, recognizing that  factors such as poverty, inequality, peer pressure, and weak institutions influence criminal  behaviour. 

For instance, criminologists observe that crime rates are generally higher in societies with  significant income disparities. Relative deprivation—where individuals compare themselves  with wealthier peers—can foster frustration and criminal tendencies. Similarly, transient  populations or communities lacking trust in law enforcement experience higher crime levels,  demonstrating that crime is not merely an individual act but a social phenomenon. 

Why Do People Commit Crimes? Sociological Explanations Scholars have advanced several sociological theories to explain crime: 

1. Strain Theory: Individuals under severe stress or socio-economic strain may resort to  crime as a coping mechanism. Theft to escape poverty or drug abuse to numb  psychological pain exemplifies this theory.1
2. Social Learning Theory: Criminal behaviour is often learned through association.  Juveniles influenced by deviant peers or exposed to substance abuse in their  environment are more likely to engage in crime.2
3. Control Theory: Crime is seen as a default option when societal or personal restraints  are weak. It is the easier route to achieving goals, such as stealing money instead of  working for it.3

These theories highlight that crime prevention strategies must go beyond punishment and  address underlying social conditions. 

Sociology of Law and Crime Prevention 

The sociology of law, as articulated by Indian scholars like P.B. Gajendragadkar4and Upendra  Baxi5, studies how law functions within society and how society influences legal  developments. Roscoe Pound’s theory of law as a tool for social engineering reflects this  approach, viewing law as an instrument to balance competing interests in society.6 

Examples in Indian legal history illustrate this dynamic: 

• Acid Attack Laws: Following rising incidents, the Supreme Court directed regulation  of acid sales, and Sections 326A and 326B of the IPC were introduced to punish such  offences. 
• Nirbhaya Case (2012)7: Public outrage over the gang rape led to amendments in rape  laws, demonstrating how societal pressure shapes legal reforms.8

Thus, sociology not only helps explain crime but also informs the legal responses to prevent it.

Sociological Factors in Law-Making 

Several legal reforms in India demonstrate the impact of sociological considerations: 

• Juvenile Justice Act: Recognizing children as doli incapax (incapable of forming mens  rea), the Act emphasizes rehabilitation over punishment. In Subramanian Swamy v.  Raju (2014)9, the Supreme Court reiterated that juvenile justice differs fundamentally  from criminal justice. 
• Abolition of Sati: Once a socially sanctioned custom, Sati was abolished through  colonial legislation in 1829.10 Its prohibition illustrates how law can reshape societal  practices when moral awareness develops. 
• Child Marriage Prohibition: The legal ban on child marriage was reinforced by  growing societal recognition of its harmful effects. Law and social reform thus  reinforced each other.11

These examples confirm that law and society evolve together, with sociological realities  informing legislative action. 

Social Risk Factors Contributing to Crime 

Sociological research highlights several risk factors for criminal behaviour: 

• Economic Pressures: Obsession with wealth and social status often pushes individuals  towards criminal acts. 
• Peer Influence: During adolescence, peers exert more influence than parents. Social  rejection or association with deviant groups can foster delinquency. 
• Family Environment: Broken homes, neglect, or abuse increase the likelihood of  criminal tendencies among children. 

Addressing these factors through social policies—education, poverty reduction, family  welfare—is crucial for crime prevention. 

Judicial Perspectives on Access to Justice and Social Realities 

The judiciary has repeatedly emphasized access to justice as a fundamental right. In Anita  Kushwaha v. Pushap Sudan (2016)12, the Supreme Court recognized access to justice as part  of Article 21 of the Constitution. 

Furthermore, by upholding child-friendly procedures under the Juvenile Justice Act and  directing translations of judgments into regional languages, the judiciary has acknowledged  that justice must be understandable and accessible to the people it serves. 

The Way Forward 

For sociology to effectively prevent crime, the following measures are essential: 

• Plain Legal Language: Simplifying legal texts and judgments to enhance public  understanding. 
• Community-Based Policing: Building trust between police and communities to  prevent crime at the grassroots level. 
• Legal Literacy Campaigns: Educating citizens about their rights and duties. 
• Socio-Economic Reforms: Tackling poverty, unemployment, and inequality to address  root causes of crime. 
• Juvenile Rehabilitation Programs: Expanding counselling, education, and vocational  training for young offenders. 

Conclusion 

Sociology and law are two sides of the same coin. While law provides a framework of rules  and sanctions, sociology offers insight into the societal forces that shape human behaviour.  Effective crime prevention requires integrating these perspectives. The evolution of laws  relating to acid attacks, juvenile justice, sati, and child marriage demonstrates that legal reform  is often driven by sociological awareness. 

As Eugen Ehrlich aptly observed, “the centre of gravity of legal development lies not in  legislation, nor in juristic decision, but in society itself.”13 Crime prevention, therefore, is not  merely a legal exercise but a sociological imperative—demanding laws that are not only  punitive but also responsive to the realities of human society. 

REFERENCE(S): 

1. Stanton Wheeler, Trends and Problems in the Sociological Study of Crime (Yale Univ.). 2. The Impact of Sociology and Statistics on Preventing Crime (unpublished  manuscript/article, details unavailable). 
2. Prajwala Jannu, The Impact of Sociology on Preventing Crime, Int’l J. of Research in  Soc. Sci. (NALSAR, Hyderabad). 
3. J.B. Sander, E.A. Patall, L.A. Amoscato, A.L. Fisher & C. Funk, A Meta-Analysis of  the Effect of Juvenile Delinquency Interventions on Academic Outcomes, 34 Children  & Youth Servs. Rev. 1695 (2012). 
4. Eleonora Patacchini & Yves Zenou, Juvenile Delinquency and Conformism, 28 J.L.  Econ. & Org. 1 (2012). 
5. V.D. Mahajan, Jurisprudence and Legal Theory (5th ed. 2006, Eastern Book Co.,  Lucknow). 
6. Anjali Dixit, Sociological School of Jurisprudence, Into Legal World (Mar. 2020). 8. Sourav Bhola, Sociological School of Jurisprudence, iPleaders. 
7. Manmeet Singh, Sociological Jurisprudence, Legal Services India. 
8. B.N. Mani Tripathi, Jurisprudence: Legal Theory (16th ed., Allahabad Book Agency). 11. A.E. Cuellar, S. Markowitz & A.M. Libby, Mental Health and Substance Abuse  Treatment and Juvenile Crime, J. Mental Health Pol’y & Econ. 59 (2004).

1 Robert K. Merton, Social Structure and Anomie, 3 Am. Socio. Rev. 672, 674–76 (1938) (strain theory).

2 Ronald L. Akers, Social Learning and Social Structure: A General Theory of Crime and Deviance 85–102 (Northeastern  Univ. Press 1998) (social learning theory). 

3 Travis Hirschi, Causes of Delinquency 16–25 (Univ. of California Press 1969) (control theory).

4 P.B. Gajendragadkar, Law, Liberty and Social Justice (Asia Publ’g House 1965). 

5 Upendra Baxi, The Crisis of the Indian Legal System (Vikas Publ’g House 1982). 

6 Roscoe Pound, An Introduction to the Philosophy of Law 47 (Yale Univ. Press 1922).

7 Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1 (India) (Nirbhaya gang rape case). 

8 Criminal Law (Amendment) Act, No. 13 of 2013, INDIA CODE (amending provisions on sexual offences in response to  the Nirbhaya case). 

9 Subramanian Swamy v. Raju, (2014) 8 SCC 390 (India); Juvenile Justice (Care and Protection of Children) Act, No. 2 of  2016, INDIA CODE. 

10 Bengal Sati Regulation, 1829 (Regulation XVII of 1829) (India); The Commission of Sati (Prevention) Act, No. 3 of 1988,  INDIA CODE. 

11 The Prohibition of Child Marriage Act, No. 6 of 2007, INDIA CODE.

12 Anita Kushwaha v. Pushap Sudan, (2016) 8 SCC 509 (India).

13 Eugen Ehrlich, Fundamental Principles of the Sociology of Law 493 (Walter L. Moll trans., Harvard Univ. Press 1936).