Penology

This document discusses abuse of power by public officials. It defines enforcement crimes as crimes committed by law enforcement while enforcing the law, such as violations of penal laws or ethical/social norms. Public servants have statutory powers but can be punished if they exceed these limits. Enforcement crimes undermine the criminal justice system and police functioning. They tarnish the image of organizations and individuals. The document examines causes of enforcement crimes like ego, money desires, and lack of information. It also explores effects on victims, law enforcement systems, society, and the criminal justice system. The conclusion notes that abuse of power is governed by administrative law and courts can review cases of apparent overreach of conferred powers.

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Penology

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RitikaSahni

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INDORE INSTITUTE OF

LAW
AFFILIATED TO DAVV AND BCI

PRESENTED TO: MS. ANITA PARMAR

PRESENTED BY: RITIKA SAHNI
TOPIC: ABUSE OF POWER BY OFFICIALS
INTRODUCTION

 Public Servants enjoy statutory powers vested in their hands but till they do not cross the
statutory limits, they are safe but whenever they cross the barrier, they are treated as
accused and are punished & severally in comparison to other citizen of the country.
 Misuse of powers is called enforcement crimes.
 Enforcement crime means a crime committed by the enforcement machinery while the law
is enforced.
 The result is that there is no smooth functioning of the Police system.
 This sort of law violations is called an enforcement crime in current criminology
CONCEPT AND NATURE OF
ENFORCEMENT CRIME
 Enforcement crime and enforcement of law are entirely different things.
 While committing enforcement crimes, there may be not only violations of the penal laws,
but also violations of ethical, social, cultural, behavioural, religious and other laws.
 The courts today are forced to intervene in too many instances of law violations which
Public servants commit.
 Images of the organization are tarnished and the individuals who make the organizations
are caricatured in bad shape when they commit enforcement crimes.
EXTENT AND INTENSITY

 Police Officers assert that enforcement crimes are a sine qua non (essential) for conviction
of criminal cases form Indian courts. But it is equally true that the people have right to be
secure in their persons, houses, papers and effects against unreasonable searches and
seizures.
 A large number of criminal cases are acquitted because the Courts observed some form of
enforcement crimes.
 In Nadini Satpathy v. P.L. Dani case it was directed that police officer should not insist
that a woman should appear at the Police Station.
 In Pandu Ram v. State of Hyderabad the injuries shown in the inquest report and the post-
mortem report do not tally which clearly makes an inference of commission of
enforcement crime.
CAUSES OF ENFORCEMENT CRIMES

PUSH FACTORS:
 False ego feelings
 Desire to make easy money
 Lack of information

PULL FACTORS
 Cultural and police subculture
 Silent approval and open encouragement by Supervisor
 Law and rules which favour enforcement criminality
EFFECTS OF ENFORCEMENT CRIMES

 Effects on Victims

 Effects on Law Enforcement System

 Effects on Society

 Effects on Criminal Justice System

CONCLUSION

 Abuse of power is primarily a subject of Administrative Law that is broadly a judge-made

law.

 When any apparent abuse of power by an authority (legislative, administrative, executive,

constitutional, etc.) the courts invoke their power of judicial review and ascertain if the
exercise has been in consonance with the law which had conferred power on them.