MEANING OF CRIME

The Oxford Dictionary of Sociology defines the Crime in following manner:

“Crime is an offence which goes beyond the personal and into the public sphere,
breaking prohibitory rules or laws, to which legitimate punishments or
sanctions are attached, and which requires the intervention of a public
authority.”’
According to Sir William Blackstone,
“A crime is violation of the public ‘rights and duties’ due to the whole
community, considered as a community”
The definition by Sir William Blackstone emphases upon the same point as
given in the preceding definitions i.e violation of Law. The Term public rights
and duties are the ones as codified in the Law and violation whereof
constitutes an Offence. For Instance Kite Flying is an offence for the same has
been declared so in “Prohibition of Kite Flying Ordinance 2001”. However
according to William Blackstone, one who flies kites actually violates the public
rights and duty enshrined in this Law. This makes us to conclude that the
definition given by Sir William has the same meanings as given in other
definitions.

Meaning of Criminology
According to an eminent sociologist Sutherland: “Criminology is the body
of knowledge regarding crime as a social phenomenon.”
This definition exhibits sociological bias and regards crime to be re
action to certain set of social factors and causes.’’
According to an eminent criminologist Elliot: “Criminology may be defined as
the scientific study of crime and its treatment.” This definition, besides
emphasizing the scientific investigation into the nature and etiology of crime,
stresses the practical or utilitarian nature of this body of knowledge, namely,
devising ways and means to prevent or reduce the incidence of crime and
rehabilitate criminals as normal members of the society.
Nature of Criminology
(a) The Nature of Crime-What are the features of crime? What type of action is
crime? In what respect does a criminal act differ from a social or moral act? Is it
just the action which may be considered criminal or can the motive make
difference to our description of a crime? For example, the theft committed for
personal gain and the theft committed for impersonal reasons or social gain are
both cases of theft. Can we make any distinction between the two? The
answers to these questions tell us the nature of crime.
The foregoing discussion about the meaning and description of criminology
makes abundantly explicit and clear the nature of this science. Fundamentally
speaking, the task of criminology is a scientific, systematic, statistical, structural
and functional in depth study of crime.
MULTIDISCIPLINARY STUDY CONCERNED WITH SCIENTIFIC, AND SYSTEMATIC
STUDY OF CRIME
Criminology is concerned with the scientific and systematic study of crime. It is
essentially a multi- disciplinary study. It shouldn’t be confused with the science
of criminal detection or forensic science and forensic pathology. There is no
direct connection between the detection of crime and the study of crimes and
criminal behaviour carried out by criminologists. A criminologist is concerned
more with how and why crimes come to be committed rather than who did it
and providing proof of guilt.
SOCIAL SCIENCE CONCERNED WITH ASPECTS PROHIBITED BY LAW
Criminology is best seen as a social science concerned with those aspects of
human behavior regarded as criminal because they are prohibited by the
criminal law, together with such aspects of socially-deviant behaviour as are
closely related to crime and may usefully be studied in the connection.

DEVISE EFFECTIVE TOOLS TO MINIMIZE CRIME

Besides having a theoretical understanding of crime, criminal and his
behaviour, the object of criminology is also to devise effective tools to minimize
the incidence of crime, reform and rehabilitate the criminal.
SUGGEST REFORM IN PENAL CODE TO MAKE IT RATIONAL
Lastly, criminology also tries to suggest reform in penal code and its
enforcement in order to make these rational and humanitarian.
Scope of Criminology
i. Crime, Response, Causes and Prevention
ii. Scientific Study of Criminal Behaviors
iii. Deviance and Socially disapproved behaviour
iv. Child Delinquency
v. Criminal Justice
vi. Bio Criminology
vii. Criminalistics
viii. Penology
ix. Sociology of Law

Like other social sciences, the scope of criminology is also quite vast and
extensive. It is related to each and every social class and structure. Though the
scope of criminology is very vast and coextensive with many sciences, the
criminologists have tried to limit its scope in order to be able to study the
subject scientifically, systematically and exhaustively. The viewpoints of certain
notable criminologist is given below:
According to Sutherland the science of criminology, “includes within its scope
the processes of making laws, of breaking laws, and of reacting towards the
breaking of laws.”
In the opinion of Sutherland criminology has three distinct aspects of
departments. Though distinct, these are nonetheless not independent, but
inter-linked. A thorough study of these aspects exhausts the scope of
criminology; to study all of them is the same as studying the whole science of
criminology.
In accordance with Sutherland’s description of the scope of criminology, we
can divide it into departments:
(a) The sociology of law-In this we study the nature of crime from legalistic
point of view. Also we investigate into the effects of present laws upon them
and study the possible reforms in the laws in order to prevent and control the
occurrence of crime. The major concern of the sociology of law is to critically
examine the impact of various legal systems upon crime. This study can go a
long way to evolve suitable changes in the laws to curb crime.
(b) Criminal Etiology-In this department a systematic investigation into the
various causes of crime is made. Here we study the social and personal factors
responsible for the occurrence of crime and growth of criminals.
(c) Penology-Besides knowledge and determination of the causes and factors
which generate or encourage crime, it is equally, if not more essential to know
the ways and means of controlling and preventing the crime. This aspect is
studied systematically and in a scientific manner to achieve control over crime.
The facts and theories in this regard from the scope of Penology, is an
important department of criminology.
THEORETICAL SIGNIFICANCE OF CRIMINOLOGY
i. Aids in understanding causes of Crimes
ii. Policy formulation vis control of Crime
iii. Provide theoretical base for enactment of Criminal Law
iv. Rehabilitation and Treatment of Offenders
v. Planning, Operation, Evaluation and Revamping of Criminal Justice System
vi. Reformation of offenders
vii. Study of Social factors instilling criminal behavior
viii. Aids in study of juvenile delinquency and measures to address the same.
1. Knowledge of Crime-Data-In every social community and group, there are
always some criminals and incidences of crime. The nature of crime and
criminals may undergo change, but the very existence of crime cannot be
uprooted. In crime psychosis we have two kinds of factors: personal and social.
It is not possible to eliminate the aggressive and acquisitive tendencies from
man and, again, it is equally impossible to eliminate all inequalities and
anomalies from any society. This is borne out by the fact that even under
communist regime crimes are not non-existent. Therefore, a systematic,
scientific and unbiased study of criminology furnishes us with factual, true and
realistic data about crimes and criminals. By studying criminology, we also learn
about the kinds or types of crimes and criminals and also about the modus
essendi as well as modus operandi of crimes. This enables us to compile what
may be called taxonomy of crime, that is, an extensive and deep classification
of crimes. We also learn about the causes and reasons of criminal behavior.

2. Penal Legislation-The science of Criminology upon the penal legislation, that

is, it helps formulation of rational and humane laws regarding crime and
punishment. Criminology attempts both extensive and intensive study of crime
under all perspectives and by considering every possible viewpoint. Thus, its
analysis and description of crime is scientific, authentic and reliable. This
analytical description helps in determination of the exact causes of various
categories of crime, and this information, in turn, helps to formulate preventive
and remedial laws regarding crime. The impacts of various laws on the actual
incidence of crime are also studied. It is found that a particular law, instead of
curbing crime, encourages it, the law is amended in the light of fresh evidence.
For example, the various laws regarding prohibition and narcotics are cases in
point. Criminologists contributed to the formation of the Control of Narcotics
Substance Act, 1997 in Pakistan that simultaneously established the Anti-
Narcotics Force (ANF) as an anti-narcotics division of the Police. In another
instance, a detailed research paper published in the Pakistan Journal of
Criminology Volume 7 advocated the potential effectiveness of Intelligence-
lead Policing (ILP) for preventing terrorist attacks in Khyber Pakhtunkhwa (KPK).
Its recommendations were integrated in the Anti-Terrorism Act (Amendment),
2018 that remarkably improved counter-terrorism potential of the police and
substantially decreased terrorist attacks. From the above discussion it is plain
that the science of criminology goes a long way in rationalizing and humanizing
the penal legislation.
3. Information about White-Collar Crime- This type of crime is relatively less
known as compared to murder, assault, dacoity, rape, loot and arson, burglary
and theft. However, it is all the more important in the context of Pakistan.
White-collar crime is wide spread and rarely prosecuted from of crime in
Pakistan. There are few relevant laws in place to curb this menace such as the
National Accountability Ordinance of 1999. These types of crimes include
misuse of power, nepotism, bribery, corruption, and tax evasion by individuals.
However, these are not easily recognizable crimes are not considered crime by
a layman. Many innocent persons are made victims of vicious commercial mal
practices, for example, under-invoicing, graft etc. To gain some advantage by
production of false testimonials is an act of forgery and the crime of forgery is
quite widespread. All these are white-collar criminals and their crimes are
really criminal activity. The Watergate scandal threatening the office of
President Nixon is a classic instance of white-collar crime. In this context,
Criminology has historically been the discipline to point at and expose White-
collar crimes and explain the tremendous harms inflicted upon society by such
crimes. Illustrating that, the Anti-Money Laundering Act, 2010 was Pakistan in
Pakistan after consultation and help from finding...
The Practical Importance of Criminology
In the words of Sutherland, “Criminology is concerned with the immediate
application of knowledge to the programmes of social control of crime.”
Following are some of the specific practical uses of criminology.
(1) Elimination of Crimes-The elimination of crime is one of the specific aim of
criminology. It helps society in controlling and eliminating the crime both
directly and indirectly. It is most obvious that if one knows the cause of a
malady, its cure becomes easy. It is altruism in medical practice that correct
diagnosis is more than half the cure. The same holds good in regard to the
phenomenon of crime. By the knowledge of the causes of the crime, we can
undertake specific measures to remove them.
(2) Helpful in understanding the Psychology of the Criminal-Criminology is
practical study. With the help of its knowledge we can easily assess the
attitudes and opinions of the criminals. The study of criminology helps us to
pin-point the factors responsible for the various crimes, that is, we learn as to
how a particular crime is generated. There by we are able to correlate specific
crime with specific set of circumstances. Apart form learning about the
psychology of crime, the knowledge of criminology helps us to classify the
criminals, that is, we are enabled to correlate personal factors like age, family
and social background, education and physical environs, physical and mental
traits with different types of crime. Thus for example, it may be revealed traits
with different types of crime. Thus for example, it may be revealed that sexual
crimes are committed, contrary to general impression, by persons with low sex-
drive rather than by highly-sexed persons. A prostitute-monger may be
consorting with different women so as to cover up the self consciousness and
guilt over inadequate performance or he may be doing so in order to receive
the thrill of personal quirks and varied techniques of arousal exercise by the
professional sex-vendors. These facts make it abundantly clear that the study
of criminology goes a long way in helping us to appreciate the psychology of
crime and criminal.
 (3) Reforms of Criminals-Besides controls, prevention and elimination of
crime, it is the important task and responsibility of the science of criminology to
device and suggest measures for the reforms and rehabilitation of the criminal.
For example, to wean a prostitute from the sale of her bodily wares, we must
know how and why she has taken to this profession. In the societies which do
not stigmatize such persons and are prepared to accept them, the task is
relatively easy. Again, it is easy if the prostitute has taken to this profession
from economic hardships and other compulsions but it disgusted with what she
is doing. But if, on the contrary, either the society is orthodox or the prostitutes
like and enjoy what they are doing, the task of reform is extremely difficult, if
not impossible.
(4) Reforms of Evil Forces-Every society are under the influence of certain evil
forces and their removal is the concern of every well-meaning member of the
society. The science of criminology helps us a great deal in appreciating and
understanding these evil forces and, thus, enables us to device ways and means
for the effective check of those forces.
WHAT IS CRIME?
The word crime is derived from the Latin root cernō, meaning "I decide, I give
judgment". Originally the Latin word crīmen meant "charge" or "cry of
distress."
The Oxford Dictionary of Sociology defines the Crime in following manner:
“Crime is an offence which goes beyond the personal and into the public sphere,
breaking prohibitory rules or laws, to which legitimate punishments or
sanctions are attached, and which requires the intervention of a public
authority.”’
According to Sir William Blackstone,
“A crime is violation of the public ‘rights and duties’ due to the whole
community, considered as a community”
The definition by Sir William Blackstone emphases upon the same point as
given in the preceding definitions i.e violation of Law. The Term public rights
and duties are the ones as codified in the Law and violation whereof
constitutes an Offence. For Instance Kite Flying is an offence for the same has
been declared so in “Prohibition of Kite Flying Ordinance 2001”. However
according to William Blackstone, one who flies kites actually violates the public
rights and duty enshrined in this Law. This makes us to conclude that the
definition given by Sir William has the same meanings as given in other
definitions.

Crime as social problem

Crime is a violation of criminal law for which formal penalties are applied by
some governmental authority. It represents some type of deviation from
formal social norms administered by the state. Crimes are divided by law into
various categories, depending on the severity of the offence, the age of the
offender, the potential punishment that can be levied, and the court that holds
jurisdiction over the case. There is no society in any part of the world, which is
without crimes. One of the serious problems of today’s crimes is that in many
cases the criminals are socially, politically and economically so powerful that
they decide the course of punishment for others while they themselves
manage to get escaped completely.
Criminology in Pakistan: As Academic Discipline
Following facts signify the state of Criminology as an academic displine in
Pakistan
• No university is currently offering Criminology at Doctoral Level
• Not more than 10 universities are offering Criminology Programs at masters
level.
• There is only one HEC Recognized Research Journal in Pakistan
TYPES OF CRIMES
ORGANIZED CRIMES
When criminals join hand to form a group in order to commit a crime are series
of criminal transactions generally through fraudulent means.
UNODC defines the organized crimes as follows
Under the Convention (article 2a), an "organized criminal group" is defined
using four criteria:
1. A structured group of three or more persons;
2. The group exists for a period of time;
3. It acts in concert with the aim of committing at least one serious crime;
4. To obtain, directly or indirectly, a financial or other material benefit.
Corporate Crimes:
The Australian criminologist John Braithwaite defined corporate crime as
"The conduct of a corporation or employees acting on behalf of a corporation,
which is proscribed and punishable by law.
Crimes by the corporate entities. Such as Money Laundering, Tax Evasion ,
Violation of Consumer Regulations, insider trading , related party transactions
etc
Causes of Crime (BIOLOGICAL,PSYCHOLOGICAL,SOCIOLOGICAL)
Poverty: Poverty is one of the most importance causes of crime. In fact it can
be said that it is the root cause of many crimes. Though poverty is a relative
term, yet in every form it result in corruption and adopting illegal and
underhand means. Poverty results in committing suicide and prostitution as
well as bribery and so on. Directly or indirectly poverty is responsible for all
sorts of crimes.
Educational System Unfortunately present day educational system is very
defective. The system of education does not lay stress on morality and
character, which are effective forces for checking crimes. Similarly we find the
education is mostly not vocational biased and does not help the young people
to get timely employment. Delay in getting proper employment encourages
tendency towards crime.
Unemployment In the economic field unemployment plays an important role
in committing of crimes. Thus an unemployed young person can become
robber or a thief. He can become violent and take law into his own hands. In
this way unemployment results in many crimes. That is the reason that we find
that in countries, which have undeveloped economy, and in which chances of
unemployment are marginal, rate of crimes is high.
Political Set up Our political set up also encourages crimes in our modern
times government machineries are slow and inefficient with the result that this
becomes premium on the illegal activities of the criminals. Similarly our legal
system too is very complex and complicated and the criminals are confident
that they can escape free and involve some innocent persons in it.
Change in Values As we know that due to industrialization and advancement of
science and advancement of science and technology social values have very
greatly changed. Today we are more materialists and rational as well as
individualists. Collectivism and blind faith is being replaced by new ideas. Due
to these changes, social values have also together changed and restrictions
considerably reduced. This has resulted in committing many crimes.

MODELS OF CRIMINAL BEHAVIOR

Three broad models of criminal behaviors are the following: psychological,
sociological and biological models.
Biological Theories(POSITIVIST)
 Biological theories are based on a person’s biological and hereditary identity.
These theories imply that it is not entirely the criminal’s fault, but their
biological make up that makes them identify with criminality. Lombroso
suggests what he feels is a typical criminal in his book the Criminal Man, in
which he describes traits and characteristics of prisoners that he identifies with
criminality.
ACCORDING TO LOMBROSO
Criminals have a peculiar bodily construction. After having studies the physical
features of Prisoners in Italy, he found following traits.
• Facial asymmetry
• Monkey Like ears
• Large Lips
• Twisted Nose
• Excessive Cheek Bones
• Wrinkles on the Skin
• Large Jaw
• Large Chin
Psychological Theories
Psychological theories deal with a person’s mental being. In psychological
theories the individual is the unit of analysis. It is believed that crimes are the
result of abnormal, dysfunctional, or inappropriate mental processes within the
personality of the individual. (Seiken, 2014) Therefore, it is believed that
criminal behavior may be purposeful for the individual because it addresses
certain felt needs.
.Psychodynamic theory- centred on a notion that an individuals early
childhood experiences influence his likelihood for committing future crimes.
Individuals personality is controlled by unconscious mental process that are
grounded in early childhood. Sigmund Freus (1856-1939).
• Behavioural theory- hallmark is the notion that people alter or change
behavior according to the reactions this behaviour elicits in other people. Views
crimes as learned responses to life situations.
• Cognitive theory- an individuals perception and how it is manifested affect
his potential to commit cirime.
• Personality- defined as something that makes us what how we are and also
that which makes us different from others. Five domains.
• Intelligence- suggests a link between intelligence and crime. Belief that
criminals possess low intelligence and it is this that causes criminality.
Sociological Theories
 Sociological Theories associate a criminal’s behavior with the social constructs
surrounding the individual. Sociological theories are structured and based on
the environment around the individual. This is the people that are in close or
intimate contact with the individual, the environment(s) in which the individual
is in constant contact with, and the way the individual has been taught. Social
structure and context, as well as sociological theories are an important part of
analyzing a criminal’s behavior.
- Shaw and Mckay used the ideas of human ecology to study the association
between urban ecological characteristics and juvenile delinquency. Centered
around three sets of variables 1) physical status 2) economic status 3)
population status.
• Strain theory- certain strains or stressors increase liklehood of crime. These
strains involve the inability to achieve ones goals ( e.g monetary or status
goals), the loss of positive stimuli ( e.g death of a friend, loss of valued
possession), or the presentation of negative stimuli ( verbal and physical
abuse). When experiencing these strains , become upset and they turn to crime
in effort to cope. Crime may be a way to reduce or escape from strains.
• Social control theory- crime and delinquency result when the bond to society
is broken or weak. As social bonds increase in strength , the costs of crime to
individual increase as well.
• Learning theory- social behaviour approach that emphasise the reciprocal
interaction between cognitive, behavioural and environmental determinants of
human behaviour.
•Labelling theory- A type of symbolic interaction, labeling theory concerns the
meanings people derive from one another's labels, symbols, actions, and
reactions. This theory holds that behaviors are deviant only when society labels
them as deviant. As such, conforming members of society, who interpret
certain behaviors as deviant and then attach this label to individuals, determine
the distinction between deviance and non‐deviance.
Criminal investigation:
Criminal Investigation is the use of scientific methods to help identify suspects,
gather evidence and collect information (Apprehend) , all of which are done in
an effort to convict offenders. The investigator must be able to construct
hypotheses and draw valid conclusions relating to the problem of when and
how the crime was committed. A complete criminal investigation can include
searching, interviews, interrogations, evidence collection and preservation and
various methods of investigation. Although the criminal investigation system is
a worldwide phenomenon, each country has their own approach to criminal
investigation. Similarly, Pakistan also has its own system, which mainly consists
in Code of Criminal Procedure 1898, Police Rules 1934 and Police Order 2002.
JUVENILE DELINQUENCY IN PAKISTAN
Legally speaking, the definition differs cross countries. European Union terms a
child as delinquent if his breach of penal code affects society in general, while
in USA, a minor can be accused to be delinquent if he shows antisocial
behaviors, like consumption of drugs, disobedience of parents and smoking in
institutions etc. Hence juvenile delinquency is a minor’s participation in
committing a crime before the statutory age of maturity. Statutory age of
maturity again, differs from country to country and even region to region
within a single country.

According to “The Juvenile Justice System Ordinance, 2000” a ‘Child’ means a

person who at the time of the committing of an offence is not yet eighteen
years old. This law also provides protection to accused children from the death
penalty. The word “delinquency” has been extracted from the Latin word
‘delinquere’ which means to leave or to abandon.

Juvenile delinquency, or offending, can be separated into three categories:

• delinquency, crimes committed by minors, which are dealt with by the
juvenile courts and justice system;
• criminal behavior, crimes dealt with by the criminal justice system;
• status offenses, offenses that are only classified as such because one is a
minor, such as truancy, also dealt with by the juvenile courts.[6]
According to the developmental research of Moffitt (2006),
there are two different types of offenders that emerge in adolescence.
REPEAT OFFENDER
One is the repeat offender, referred to as the life-course persistent offender,
who begins offending or showing antisocial/aggressive behavior in adolescence
(or even in childhood) and continues into adulthood.

AGE SPECIFIC OFFENDER

The age specific offender, referred to as the adolescence-limited offender, for
whom juvenile offending or delinquency begins and ends during their period of
adolescence.
Because most teenagers tend to show some form of antisocial or delinquent
behavior during adolescence, it is important to account for these behaviors in
childhood in order to determine whether they will be life-course-persistent
offenders or adolescence-limited offenders.[5] Although adolescence-limited
offenders tend to drop all criminal activity once they enter adulthood and show
less pathology than life-course persistent offenders, they still show more
mental health, substance abuse, and financial problems, both in adolescence
and adulthood, than those who were never delinquent.
FACTS
Unfortunately, Pakistan is among countries where child delinquency rate is
relatively high. What make the situation more critical is that out of Pakistan’s
population of 220million, half or about 51% are under the age of 18. Among
them, 24% are adolescents of age 10-18.
NATURE AND EXTENT OF JEVENILE DELINQUENCY
The intensity and severity of juvenile delinquency is generally determined
through the prevailing socio-economic and cultural conditions in any country.
The juvenile delinquency is directly related to the economic decline in any
society.Young people who are at risk of becoming delinquents often live in
difficult circumstances. The transition from childhood to adulthood is coupled
with sheer challenges which the juveniles may have to face in the form of
difficult living conditions, poverty, lack of education, broken families, weak
state institutions, persistent unemployment, low income etc.
The rate of male juveniles is double than that of female juvenile offenders
Available data shows that delinquency and crime have strong gender
associations. The rate of male juveniles is double than that of female juvenile
offenders and the conviction rate among male juvenile offenders is six to
seven times higher than in female juvenile offenders.
The juvenile delinquency is a global phenomenon and is on the rise
indiscriminately in developed and developing countries. In Pakistan, juvenile
delinquency is also rising and needs immediate and holistic attention. There is a
juvenile specific legal framework in Pakistan which was promulgated in the
year 2000 and termed as Juvenile Justice System Ordinance (JJSO) 2000, which
lays down the foundations and guiding principles to deal with the juvenile
offenders. This ordinance entails some strong provisions concerning juvenile
offenders yet there is more, which needs to be included to make it a holistic
and complete framework for juvenile delinquents. It has been nearly 20 years
for the law to be enacted, but still, its implementation bears question marks,
which needs serious attention by the government.
DETERIORATING SITUATION OF PRISONS
According to data provided by the Inspector General of KP prisons in 2019,
there are 2,906 male and 13 female juvenile convicts in KP prisons. Another
10,560 boys and 141 girls are imprisoned while under trial.
Majid Ghufran Jadoon, assistant director of administration of the Khyber
Pakhtunkhwa (KP) prisons said that juvenile prisoners are kept in separate
jail cells. He added that adult prisoners are not allowed there. However, due
to limited space in some of the lock-ups and sub-jails, juvenile prisoners are
kept with the adult prisoners.
Pakistan has only seven juvenile detention facilities in total. Two of these are
located in Punjab, four in Sindh, and one is in KP. There is no such facility in
Balochistan.
Above data shows bleak picture of juveniles, which bleaks their future
prospects for becoming a good and productive citizen upon their release from
the prisons, rather they dwell into the dark world of crime even more and
transforming into a professional criminal.
REHABILITATION/RECOMMENDATIONS
The issue of juvenile delinquency is an interconnected and intricate
phenomenon, which requires holistic and well coordinated approach covering
all its aspects from prevention through control to rehabilitation of the juvenile
offenders for their positive and productive role into the society. Focusing on
one aspect while neglecting others may hinder the sustainable solution and will
further increase the depravity of the situation.
CONCENTRATED EFFORTS BY STAKEHOLDERS
In order to address such issues in a sustainable way requires concerted efforts
by all the stakeholders involving government, civil society, community and
individuals. The mere enactment of legislation /legal framework to protect the
rights of juveniles is not enough, rather development of juveniles and youth
oriented social policies, provision of enabling environment, promotion of family
and cultural values, engagement of juveniles and youth in positive community
based activities, accessible education, including continuing education, available
vocational training, improved employment and income opportunities, effective
use of mass media to deglamorize and disfavor aggression, crime, violence and
delinquency and more must be taken into account while addressing the
juvenile delinquency.
ESTABLISHMENT OF EFFECTIVE BORSTAL INSTITUTIONS
The need for establishment of borstal institutions to rehabilitate the juvenile
offenders is imminent across the country and that must be managed by
juvenile sensitive borstal manuals instead of the regular jail manual governing
the management and regulation of borstal as in case of borstal institutes in the
province of Punjab.
AWARENESS AMONG YOUTH
The government along with the civil society and public private partnership
must initiate a nationwide extensive campaign sensitizing the community about
juvenile delinquency and the rights and the responsibilities of the society and
the juveniles in order to prevent the vicious phenomenon of juvenile
delinquency. Pakistan is facing an ongoing militancy, particularly in its frontier
region, which adds to the vulnerability of its youth and juveniles, who stand
greater chances of being recruited by the militant groups in the name of
religion to fulfill their vile interest. This calls for an immediate and a thoughtful
response by the government and the society alike, to safeguard our youth, the
future of our country from the clutches of militancy, crime and delinquencies.
EFFECTIVE IMPLEMENTATION OF LAW IN LETTER AND SPIRIT
An effective implementation of the law requires capacity building and
sensitization of the operatives involved in efficient implementation of the law.
The government must display determined political commitment towards the
effective implementation of the juvenile justice ordinance in its true letter and
spirit and also invest in capacity building and training of the staff involved with
juvenile offenders. Together, we can make an enabling Pakistan for our
juveniles to become productive youth and valuable human capital for Pakistan.
ROLE OF PARENTAL EDUCATION
• Parents education especially mother’s education matters a lot in the
development of their children behavior in a positive manner as it is common
saying that the best school for a child is the lap of a mother. So government
may provide awareness to the parents through media.
IMPROVE LIVING CONDITIONS OF POOR
• Government should focus on improve the living conditions of the people from
lower class and ensure the availability of the basic rights to all people
indiscriminately to their ethnicity, colour, class and creed so people can buy
necessities of life of their families especially for young ones. Teenagers may be
provided moral education as well as have access to health educational and
recreational activities in educational institutions.
JAIL STAFF NEEDS TO BE EDUCATED TO UNDERSTAND DELINQUENT ISSUES
In jails police staff needs to be more morally educated, because if they have an
empathetic understanding of the delinquent issues, problems and needs then
things will really improve. They may act as legal protector of the young criminal
in jails and save them from drug abuse, sexual abuse and other immoral
activates.
STATUS OFFENDER
One who has done something which is ordinarily not considered a crime –
except when done by a minor.
Age of Criminal Liability in Pakistan
Section 82 PPC: Nothing is an offence, which is done by a child under seven
years of age.
Section 83 : nothing is an offence done by a child between seven and twelve
years old“ who has not attained sufficient maturity of understanding to judge
of the nature and consequences of his conduct on that occasion.”

JUVENILE JUSTICE SYSTEM

On May 18 2018, the President of Pakistan approved the Juvenile Justice
System Act (JJSA) 2018, which was passed by the Parliament earlier this year.
JJSA 2018 overcomes the shortcomings which were present in Juvenile Justice
System Ordinance 2000, and provides a much better system for criminal justice
and social reintegration for juvenile offenders. The Act defines a child according
to the definition of UNCRC as ‘a person who has not attained the age of
eighteen years’.
JJS Act 2018 classifies the criminal offences into following three different
categories:
1) Minor, which means an offence for which maximum punishment under the
Pakistan Penal Code, 1860 is imprisonment for up to three years with or
without fine. A juvenile is entitled to bail in minor offences, with or without
surety bonds by Juvenile court.
2) Major, which means an offence for which punishment under the Pakistan
Penal Code, 1860 is imprisonment of more than three years and up to seven
years with or without fine. Bail shall also be granted in major offences with or
without surety bonds by juvenile court.
3)Heinous, which means an offence which is serious, brutal, or shocking to
public morality and which is punishable under the Pakistan Penal Code, 1860
with death or imprisonment for life or imprisonment for more than seven years
with or without fine. A juvenile of less than sixteen years of age is entitled to
bail in heinous offences, but a bail is on discretion of court if juvenile is more
than sixteen years of age.
The JJSA 2018 is very different from JJSO 2000, and the following are some of
its salient new features.
1) Right of legal assistance: every juvenile or child victim of an offence shall
have the right of legal assistance at the expense of the State. A juvenile shall be
informed about his right of legal assistance within 24 hours of taking him into
custody.

2) Observation home: this means a place where a juvenile is kept temporarily

after being apprehended by police as well as after obtaining remand from
juvenile court or otherwise for conducting inquiry or investigation. Observation
Homes shall be made separately from police stations.

3) Juvenile rehabilitation centres: this is a special kind of prison established

exclusively for keeping juvenile offenders. The convicted juvenile, shall be
confined to the premises till the completion of period of imprisonment or until
they turn 18 years of age. Here convicts can receive an education as well as
vocational or technical training for their development and includes certified
institutions including women crises centres.

4) Determination of age mechanism: JJS Act 2018 makes it compulsory upon

the ranking officer-in-charge, or the investigation officer, to make an enquiry to
determine the age of any such alleged offender, who physically appears or
claims to be a juvenile. Age shall be determined on basis of accused person’s
birth certificate, educational certificates or any other pertinent documents. In
absence of such documents, age of such accused person may be determined on
the basis of a medical examination report by a medical officer.

Disposal of Cases through Diversion: This is an alternative process of

determining the responsibility and treatment of a juveniles on the basis of their
social, cultural, economic, psychological and educational background, without
resorting to formal judicial proceedings

5) Disposal of cases through diversion: this is an alternative process of

determining the responsibility and treatment of a juvenile on the basis of his
social, cultural, economic, psychological and educational background, without
resorting to formal judicial proceedings. The complaint against a juvenile shall
be referred to the Juvenile Justice Committee for disposal through diversion. All
offences, either minor or major, shall be compoundable for purpose of
diversion. For major offences, diversion can only be exercised if the age of the
juvenile is not more than 16 years.

6) Juvenile Justice Committee: this shall dispose of cases through diversion

within a period of one month from the date of the referral. The Committee
shall dispose of a case with consent of the complainant by resorting to different
options, including restitution of movable property, reparation of the damage
caused, written or oral apology, participation in community service, payments
of fine and costs of the proceedings, placement in juvenile rehabilitation
centre; and written and oral reprimand. If the offence has been committed
against a State and not against an individual; the Committee may dispose of the
case through diversion with consent of the concerned public prosecutor. The
Committee shall also perform inspection of Observation Homes and Juvenile
Rehabilitation Centres and may give directions to concerned persons for
welfare and social re-integration of juveniles kept in these places.

The J.J. Committee is set to consist of four members, including a serving Judicial
Magistrate with powers under section 30 of CrPC (Head of Committee); District
Public Prosecutor; Member of local Bar having at least 7 years experience,
appointed by the concerned Sessions Judge for a period of 2 years; and serving
probation officer or social welfare officer not below BPS-17. One thing that is
missing is the presence of a qualified child rights activist that understands the
plight of the underage victims, and is equipped to deal with their issues.

7) Separate challan and trial of juvenile offenders: a juvenile shall not be

charged with and tried for an offence together with an adult person. But if it is
in the interests of justice to hold a joint trial of a juvenile and an adult, the
juvenile court may dispense with the physical presence of the juvenile and they
may be allowed to join the Court proceedings through audio-visual technology
link.

8) Imposition of penalty for disclosure of identity of juvenile or to publish

proceedings of juvenile court: JJS Act 2018 exclusively bars revealing the
identity of an accused juvenile to the public without the authorisation in
writing of the juvenile or their next-of-kin. The S.H.O, investigating officer or
the juvenile court can also grant permission in this regard.
9) Special provisions for female juveniles: Female juveniles shall not in any
circumstances be apprehended or investigated by a male police officer or
released on probation under supervision of a male officer. A female juvenile
shall only be kept in a Juvenile Rehabilitation Centre established or certified
exclusively for female inmates.

10) Removal of disqualification attached with conviction: A juvenile offender

convicted under the provisions of JJS Act 2018 shall not suffer a disqualification,
if any attaching to a conviction of an offence under such law.

11) Preventive Detention: No child shall be arrested under any of the laws
dealing with preventive detention or under the provisions of chapter VIII of the
Code of criminal procedure.
Juvenile justice in Pakistan deals with crimes committed by Pakistani children.
The minimum age for criminal responsibility in Pakistan is seven years. Section
83 of the Pakistan Penal Code 1860 also protects the rights of children.
Juvenile Justice System Act 2018 repealed Juvenile Justice Ordinance 2000,
and prior to JJSO 2000 Pakistan had four major laws for dealing with child
delinquents, i.e. Reformatory Schools Act 1897, The Punjab Borstal Act 1926,
The Sindh Children Act 1955, and The Probation of Offenders Ordinance 1960.
All these laws have been in place since their promulgation but found to be
dormant for all practical purposes. Apart from these codified laws Section 399
of Pakistan Criminal Code 1898 provided for the confinement of a child
delinquent sentenced to imprisonment below the age of 15-year to
reformatory school established by the provincial government concerned. Until
1974 all these special codified laws remained dormant and neglected.
However, in 1974 some efforts appeared to have been made to implement
these across Pakistan to the reason that a few notifications had been floated
across authorities at provincial and federal levels.
Under newly enacted law, the investigation officer by virtue of section 8 (1)
requires to inquiry into the age of the arrested person through medical testing
with permission of the presiding court and this has to be done in case (s) no
documentary evidence of age is adduced himself by the arrested delinquent or
not found by the officer himself during the course of investigation. At glance,
investigation officer has to have a documentary evidence of age and this is a
point- where issue arises giving discretionary power to the officer either to go
for medical testing by virtue of section 8 (2) and/or tentatively record age on
police investigation fileon ‘Saza Slip’without supporting it with evidence. It has
been transpired in recent timesin such like situations officers’ do not wish to
state age of arrested person below 18-year in order to avoid giving rise to JJSA
2018 provisions. In writer’s view JJSA 2018 can only rise,if and only if age is
recorded in the police file below 18-year- otherwise not. Recording of age
below 18-year giving rise to the role probation officer under Section 5 of JJSA
2018 that provided officer in charge of investigation to inform probation officer
concerned about arrest of a juvenile within 24-hours of arrest. It is observed in
Legal Awareness Watch (LAW) reports that the Reclamation and Probation
Department simply negates rising of their duties under JJSA 2018 labelling
ignorance and negligence falling on part of the police by not informing
concerned probation officer about arrest of a juvenile. In legal and logical
perspective reception of information about arrest of a juvenile may happen
from any source by virtue of section 5.Its hibernation adds fuel to the system-
which is already burning for many years.
JUVENILE COURTS
It was believed that separate juvenile courts across Pakistan at provincial level
would establish within three months of promulgation of JJSA 2018 however no
such court until this date has established in Punjab and Sindh. Moreover, under
JJSA 2018 Juvenile Justice Committee had to be notified under section 10 until
today not a single such committee notified across Punjab. However, in Sindh
such committee has been notified in Shakarpur division. JJSA 2018 shall be
implemented in its letters and spirit if we have just age determination system
to the reason that every child matters.
Rule 289 of the Pakistan Prison Rules 1978 stipulates that before passing any
order pertaining to the detention of a juvenile offender, a magistrate or
sessions judge must inquire about the age of the offender after taking into
account appropriate evidence.
CHALLENGES FACED BY JUVENILE JUSTICE SYSTEM 2018
The Juvenile Justice System (JIS) Act of 2018 is a new law, which has been
enacted by the federal government earlier this year. The JJS Act of 2018
overcomes the shortcomings, which were present in the JJSO 2000 and
provides a much better system of criminal justice and rehabilitation for juvenile
offenders. The JJS Act of 2018 provides specialised procedures for arrest,
investigation, bail, trial, detention and the rehabilitation of juvenile offenders in
order to protect them from maltreatment. But some of the key challenges in
implementation of this Act are:
designate juvenile court for one or more sessions divisions within a period of
three months from the commencement of this Act-failed to implement
1. It is clearly mentioned in the JJS Act of 2018 that the government in
consultation with the concerned high court shall by notification in the official
Gazette establish or designate juvenile court for one or more sessions divisions
within a period of three months from the commencement of this Act. But
separate juvenile courts are still not established in of Punjab and Sindh,
excluding a juvenile court at the Judicial Complex in Lahore that was
established to deal with cases involving children on December 19, 2017.
establish the Committee for each sessions division no later than three months
from the commencement of this Act-failed
2. Moreover, under JJSA 2018 Juvenile Justice system it had to be notified
under section 10 that the government in consultation with the concerned
Sessions Judge shall establish the Committee for each sessions division no later
than three months from the commencement of this Act. The committees shall
dispose of the cases of juvenile offenders without resorting to formal judicial
proceedings until today not a single such committee notified across Punjab.
However, in Sindh such committee has been notified in Shakarpur division.
no proper monitoring of juvenile cells and not establishing separate jails for
juveniles.
3. Juvenile offenders are maltreated and sexually abused in prisons, because of
no proper monitoring of juvenile cells and not establishing separate jails for
juveniles. The JJS Act of 2018 says that the government shall establish and
maintain observation homes and juvenile rehabilitation centres for reception of
juveniles, including separate centres for female juveniles. Not a single
observation home and juvenile rehabilitation centre has been established or
certified so far.
10% of the current death row population consists of juvenile offenders,lack of
age determination method
4. Although the law expressly prohibits corporal punishment and sentencing of
juvenile offenders to death, 10% of the current death row population consists
of juvenile offenders, according to a Justice Project Pakistan’s report. Low birth
registration rate, weak implementation of juvenile justice law and lack of age
determination methods are primary reasons for several juveniles being
sentenced to capital punishment and executed in the country.
enactment of new rules of business for carrying out the purposes of JJS Act of
2018-lack of infrastructure and resources
5. The last challenge is the enactment of new rules of business for carrying out
the purposes of JJS Act of 2018. Because the previously enacted rules are
repealed after the promulgation of the JJS Act of 2018, so the federal and
provincial governments are required to make new rules in this regard.
Complete implementation of law is further challenging predominantly due to
inadequate infrastructure and resources.

The newly elected Prime Minister, Imran Khan, and President, Dr Arif Alavi,
assured in their inaugural speeches that resolving the child protection issues
and implementation of child rights and national action plan for children are one
of their top priorities. Hence, the PTI government should take up the matter of
implementation of the JJS Act of 2018 on a priority basis and must allocate a
sufficient budget and resources for this cause.
More than four million children are engaged in child labor according to an
estimate. Which means, such a high number of children are susceptible to
being exploited and are at risk of being delinquent.
Surprisingly, Pakistan lacks a clear cut difference line between juvenile
criminals and adult culprits, in practice. Fundamental difference between
juvenile justice system and criminal justice system is that the earlier system
rehabilitates delinquents and the later is a system of retribution against adult
criminals.
a. The statuary age in Pakistan is furnished as seven to twelve. Juvenile
between age 7-12 lies responsible if he/she realizes what he/she has
committed, otherwise up till 12 minor falls under the category of juveniles.
Contrarily, Hadood Ordinance establishes separate age of maturity for men
and women, i-e 16 for females and 18 for males.
Additionally, it also refers an individual as mature if he/she reached to age of
puberty. Under the Hadood Ordinance, juveniles were sentenced to capital
punishments even of the age below twelve. On the other hand, according to
“society for the protection of rights of the child, (SPARC)” in PATA and FATA
where there are no normal courts, juveniles are not treated under JJSO 2000.
Moreover, in Pakistan juveniles are reported to be harassed by police officers.
Still there are no rehabilitation centers established separately for delinquents.
Though in Karachi and Lahore some reforms are introduced but its need of
hour to spread them to all districts. Juvenile offenders are even kept with adult
criminals. Researches showed that delinquents if accompanied adult offenders,
repeat crime litigation after release.
RECOMMENDATION
ROBUST MECHANISM FOR AGE DETERMINATION
As a signatory to various international conventions, especially the Convention
on the Rights of the Child (CRC), the government should adopt robust
mechanisms for age determination that are internationally recognized. These
include the latest dental X-rays that ought to be made a mandatory component
of medical reports at the time of arrest and the point when a juvenile offender
is taken to jail to avoid any controversies.
COMMUNITY PUNSIHMENT FOR CHILDREN
we should introduce community punishment for children. Under the present
system Station House Officers are bound to lodge FIR against juveniles. In
Europe police officers or court can send a child in some welfare centre to work
for some time as a form of punishment.”The same method can be
implemented in Pakistsn to rehabilitate them.
Recommendations for Reform
Administrative Measures
SEPARATE JUVENILE COURTS
Separate juvenile courts should be created/designated for the trial of children
as mentioned in jjs2018 in order to expedite fair and just trial by reducing the
workload of existing courts. Also there is need to increase the number of
judges.
SEPARATE JUVENILE INSTITUTIONS
The Government should establish separate juvenile placement institutions for
the protection, reform and rehabilitation of juvenile offenders. Appropriate
facilities for board, lodging, health care, education and training of the inmates
must be provided in such institutions. Where appropriate, philanthropists, NGO
representatives and other volunteers may also be associated in the task.
TRAINING OF STAFF
The staff and personnel responsible for managing the juvenile justice system,
namely, police personnel, judicial officers, probation officers, prison staff, court
personnel and lawyers, etc must be given proper orientation/training so that
they are sensitised to and educated about the manners and methods of
handling children.
PROBATION SYSTEM SHOULD BE ORGANIZED
The present system of probation should be properly organised so that
children-in-detention are entrusted to the care/protection of probation
officers, under the overall supervision of the court of law.

Legislative Measures

Minimum and Maximum Age for Criminal Liability

 The Pakistan Penal Code prescribes 7 years as the maximum age for
exemption from penal liability. The Code carries such exemption to 12 years,
provided that it can be shown to the satisfaction of the court that the accused
had not yet attained sufficient maturity of understanding the nature and
consequences of his conduct on the occasion. This practice of fixing two age
limits, one subject to binding presumption and the other rebuttable
presumption, is followed in most of the Commonwealth jurisdictions.Thus,
procedural change may be proposed which will help improve the child
situation. Accordingly, it is suggested that the proposed Code may be given
overriding effect so that children are tried by juvenile courts. The juvenile
court, due to its aptitude, experience and professionalism, would be indeed a
more appropriate forum to decide such matters, and in keeping with the
child�s age, mental ability, character, etc decide upon appropriate course of
action for release or placement in a correctional institution.
DETENTION PENDING TRIALS
The detention of children alleged to have violated the law should be a measure
of last resort and for the shortest possible period of time. Therefore, the courts
should promptly decide the bail applications, keeping in view the best interest
of the child. At the bail granting stage, the court may also consider sending the
child under the supervision of probation officer or guidance of
parents/guardian.

DISPOSAL OF JUVENILE CASES BY DIVERSION

Custodial sentences of children should be minimised. The courts while
disposing off juvenile cases, should consider employing other appropriate
alternative methods, namely, restitution, financial compensation, placing the
child in the care/guidance/supervision of a family member or probation officer
or putting the child to community service, thereby ensuring the constructive
utilisation of his potential/energies.
PROBATION
According to the INSTITUTE FOR CRIME AND JUSTICE POLICY RESEARCH, There
are approximately 77,275 people incarcerated in the prisons of Pakistan
including men, women (1.6%), juveniles/minors/young prisoners (1.7%), and
foreign prisoners (1.2%) and so on, With number of
establishments/institutions:98, official capacity of prison system: 57,742, This
clearly shows overcrowded prisons in Pakistan and a great need of probation
and parole.

RECOMMENDATIONS
PHYSICAL PRESENCE AND UP-TO-DATE MEANS OF COMMUNICATION FOR
MULTI-AGENCY AND COMMUNITY REHABILITATION WORK
Strong physical presence and up-to-date means of communication are the basic
requirements for Any institution mandated for multi-agency and community
rehabilitation work. As a follow up action to the recommendations made by the
National Judicial Policymaking Committee, the government of Baluchistan has
taken a step forward in constructing a new R&P Directorate building . Such
actions need to be replicated in the rest of provinces, particularly in the
province of Sindh.
ALLOCATION OF FUNDS TO ESTABLISH A DIRECTORATE OF HUMAN RIGHTS AT
DISTRICT LEVEL INCLUDING OFFICE ACCOMODATION FOR
PROBATION/PAROLE OFFICER FOR INFRASTRUCTURE ISSUES
As one of the outcomes of the “post crises need assessment KPK and federally
administered tribal areas, Sep 2010”, the KPK government has allocated funds
to establish a Directorate of Human Rights at the district level including office
accommodation for district probation/parole officers, Public 17 Prosecutor and
public pleaders . This will resolve the current infrastructure issues in the
districts and will contribute in strengthening the probation services in KPK. In
the rest of the three provinces the infrastructure for R&P at district level needs
immediate attention of the authorities,
PROVIDE TRANSPORTATION FACILITIES TO PROBATION/PAROLE OFFICER
At present, no transportation facilities are provided to probation and parole
staff to carry out their field work. The provincial government KPK has taken a
positive step and sanctioned twenty four 800cc cars and a motorbike to
improve the mobility of probation/parole staff to the far-flung areas. Such
steps have also been taken by the respective provincial directorates of other
provinces but needs approval of the concerned authorities. It is highly
recommended that civil society organizations through effective advocacy and
media campaigns influence the decision makers to prioritise provision of office
accommodation and equipments (telephone, fax, computer printers) to make
the probation and parole officers accountable and able to play their due role in
the rehabilitation and community reintegration of offenders.
INVESTMENT IN HUMAN CAPITAL TO ENSURE SYSTEM EFFECTIVENESS
Having up to date infrastructure and equipments is important but also needs
skilled and knowledgeable R&P staff to ensure its effectiveness. Investment in
human capital is necessary in order to yield the desired results. At present no
regular trainings are held for R&P personnel. It is recommended that chapters
on probation and parole system should be added to the training curriculum of
judicial academy, police training academies and to update the syllabus of the
National Academy for Prison Administration. Multi-agency focused trainings
are required to empower the key players in criminal justice system to offer
their services in a more holistic and integrated manner. This will also help to
bridge the communication gap between the judiciary, police, probation and
prison departments.
CAPACITY BUILDING TO PAVE THE WAY FOR PENAL REFORM WORLDWIDE
The capacity building component can best be achieved through involvement of
civil society organisation to design public private partnerships. Such
interventions will pave the way for Promoting penal reform worldwide more
sustainable system change. Sensitisation trainings are also required for the bar
association as most of the legal community is not aware of how the probation
system works.
Amendments are required in the current probation of offender ordinance TO
ENSURE REHABILITATION IN PRACTICE
Amendments are required in the current probation of offender ordinance to
widen its scope to include community service as part of community sentencing.
At present the law is silent about any such provisions, particularly in the
existing situation of Pakistan where there is no framework for formal
rehabilitation of offenders outside the prison. Evidence suggests that voluntary
work under the supervision of probation officers does help to improve an
offender's self image and increases his/her acceptability by community
members leaving a longer lasting effect in breaking the crime cycle.
use of cautions at the police station to divert the offender in minor cases from
the formal criminal justice system
Additional measures need to be taken to address the issue of overcrowding in
prisons. For example, introducing the use of cautions at the police station to
divert the offender in minor cases from the formal criminal justice system. A
caution is a formal warning about future conduct given by a senior police
officer, usually in a police station, after a person has committed an offence and
admitted guilt. It is used as an alternative to a charge and possible prosecution.
Likewise the provision of conditional discharge under section 4 of the Pakistan
Probation of Offender Ordinance 1960 needs to be brought to the immediate
attention of the judiciary to increase releases on conditional discharge.
Musalihat Anjumans can also play a vital role in this case through victim-
offender mediation.
CRIMINAL JUSTICE SYSTEM OF PAKISTAN
Pakistan’s criminal justice system has become notorious, and rightly so, for its
delays and inefficiencies. Not only is it now known to be a tool for the
powerful, but its performance has also resulted in individuals taking law into
their own hands. When discussing these issues, people tend to relate the
matter to judicial reforms. However, what they fail to realize is that the issue at
hand is far broader than they believe it to be, expanding over various
institutions and departments. From reporting to investigation; prosecution to
conviction, every stage in the criminal justice needs reforms. In order to
understand the shortcomings, one must study the criminal justice system
focusing individually on its three pillars i.e. the Police, the Prosecution and the
Judiciary.
APATHETIC POLICE SYSTEM
When asked the first thing that comes to an individual’s mind when he hears
the word “Police”, one of the most common answers in Pakistan is “corrupt”. It
is wrong to generalize an entire institution in such a harsh way, when many put
their sweat and blood into their work but nonetheless, corruption is by far the
biggest issue our police force faces. This does not mean however, that the
police only resort to this for benefiting their own pockets. Police are often seen
asking for fuel money if the investigation requires travelling, the reason being
lack of basic funds. At many stations, severe lack of resources leads to officers
paying for office equipment themselves. Apart from corruption and budget,
recruitment and training add to the long list of problems. It is normally the
senior officers who receive specialized and updated training even though the
ones who need it the most are those carrying out investigations; the junior
officers. If we have a look at their investigation methods, they are highly
outdated considering we live in an era of forensic and digital investigation. Not
only this, but the evidence they manage to collect is often poorly recorded and
stored, whereas the crime scene is normally contaminated. It is surprising
enough that although the investigation procedure is one of the most crucial
parts of criminal justice, investigating officers make up only a rough thirteen
percent of the entire police force.

PROSECUTOR
After the investigation of a criminal case, the next step is to take the case to
trial which is a decision that ultimately rests with prosecutor. The prosecution
is perhaps the most underrated part of the criminal justice process even
though it is them who makes a case presentable in court. It is the job of the
prosecutor to present the evidence against the alleged in court, and ensure this
evidence is enough for conviction. However, like the police, the prosecution
faces severe lack of funds, especially since it has been separated from the
police. Induction of recruits with criminal expertise still remains one of the
biggest challenges. Prior to induction, there is no exclusive training for a lawyer
that can enable him to become a better prosecutor. To make matters worse,
even after these young lawyers have been inducted as prosecutors, there is no
specialized training either. These prosecutors then have limited role and
influence in the investigative phase which eventually leads to a weak trial. If, on
the other hand, prosecutors were given this access, they would have been able
to advise the police timely and cases would not go to court with insufficient
evidence and witnesses who constantly change their statements.
Unfortunately, in our country, cases are lost before they even make it to court.
COURT SYSTEM
If a criminal case is able to make it past the police and prosecution, landing
itself in court, our inefficient judiciary ensures it takes years for the victim to
get justice. Just like its predecessors, this pillar too faces severe financial
constraints with insufficient number of courts and judges. However, this
problem is only one out of many. According to a report by World Prison Brief,
in 2019, pre-trial detainees in Pakistan’s Prisons made up 62.1% of the total
number of prisoners. This means that more than two-thirds of our prisoners
have not even been proven guilty. Instead, they are simply waiting for their
case to be heard in court. One major reason for this is the frequent
adjournment of cases. According to a study conducted by the Legal Aid Office,
on any given day, there was a 58.65 per cent chance that their case would be
adjourned. Even if we manage to make enough courts and hire enough judges,
the expertise of these judges could still come under question. Many judges are
fresh graduates with minimal years of experience. They lack specialization,
meaning they have acquired no special training in either civil or criminal law.
Topping this off are our outdated legislations, both substantive and procedural,
which have been amended far less than they should have been.
SUGGESTIONS
Analyzing these problems can make any individual lose hope in Pakistan’s
Criminal Justice System, however, reform always needs to begin somewhere.
The first issue to tackle would be the budget provided for this purpose but that
too is related to the economy and the financial stability of the country. What
needs to be emphasized the most is the training of anyone recruited in this
sector, be it the police, prosecutor or the judge. Modern techniques and
specialization in their areas need to be ensured so that a case can transition
smoothly from its investigation to the conviction. Special importance needs to
be given to the protection of both judges and special witnesses, perhaps
building an efficient witness protection system of our own. All three branches
need to work with cooperation and coordination, making the prosecutor
involved since day one. Apart from these institutional corrections, our
parliament must be able to set aside their differences in order to make all
necessary changes to the legislation. It will indeed be a difficult journey,
however, this journey ought to begin sooner than later.
MENACE OF MONEY LAUNDERING
With the Financial Action Task Force and its sword of Damocles hanging over
Pakistan’s head, the state has been keener to fight money laundering in recent
years than it has ever been before. This new-found enthusiasm, however, does
not mean that money laundering is a new concept for the country. It only
signifies that in a world becoming more interdependent day by day, the
“image” a state carries with itself can either help it reach new heights or play a
role in its isolation.
Often misperceived to be the acquisition of illegal money, the scope of the
term money laundering is vaster in both meaning, techniques and effects.
According to the United Nations Office on Drugs and Crime: “Money-
laundering is the method by which criminals disguise the illegal origins of
their wealth and protect their asset bases, so as to avoid the suspicion of law
enforcement agencies and prevent leaving a trail of incriminating evidence.”
Therefore, this term not only relates to how illegal money is obtained and
hidden, but also to why it is being hidden in the first place. One major reason
for this is to use the illegally obtained money for further illegal activities making
money laundering not only just a crime itself, but also being intertwined with
several other serious crimes. This is perhaps the reason why the FATF is
keeping its eyes on Pakistan. Not for the sake of the public’s money being
looted, but primarily because it believes this laundered money is eventually
used for terrorist activities that threaten the peace and security of the world.
Traditionally there is a three-step phase to money laundering, placement,
layering and integration
LAWS FOR MONEY LAUNDERING
Following the attack on an Army Public School in Peshawar the Pakistani
Government created the National Action Plan (NAP) to tackle the issue of
terrorism. This included measures to combat terrorist finance. The following
legislation is relevant to dealing with terrorist finance and money laundering
cases.
Legislation
Anti- Money Laundering Act 2010
This enables the seizure of assets and cash involved in money laundering and
financing of terrorism. This provides a framework for the search and seizure of
property and assets linked to money laundering.
Anti -Terrorist Act 1997
This covers the seizure of assets and property of persons involved in terrorism
and proscribed organisations.
LOOPHOLES
 It would still, however, be wrong to say that this act too does not have
loopholes of its own. One such shortcoming is the failure to address the major
issue of Hawala and Hundi, which is an illegal way of sending remittance. Such
channels, if still prevalent, can make all other efforts against money laundering
futile.
The AMLA had initially given three agencies, the National Accountability
Bureau (NAB), the Federal Investigation Agency (FIA) and the Anti-Narcotics
Force (ANF) the power to investigate and prosecute parties involved in these
illicit activities. Eventually, under a notification by the Ministry of Finance, the
Federal Board of Revenue (FBR) was also added to this list of investigating
agencies. Despite having such major investigative bodies, further loopholes in
their jurisdiction and power leave gaps for suspects to escape. The FIA, though
having ample power, has jurisdiction only at federal level, which is why it is
unable to operate at the provin- cial level, let alone private persons committing
offenses. The NAB, despite having jurisdiction at both federal and provincial
level, has no authority to investigate cases related to terrorist financing.
Similarly, the pream-ble of the ANF limits the agency’s functioning to narcotic
drugs and psychotropic items, making its role in counter terrorism financing
practically non-existent. Having four separate agencies working in their own
areas, lacking both cooperation and coordination with each other, has proven
to be one of the major obsta- cles in countering terrorist financing. It is
therefore a need of the hour to establish one specialized agency, a joint task
force, for this purpose.
Although the notion exists that as AMLA provides a punishment for money
laundering ranging from one to ten years, this punishment is enough to deter
the act. On the contrary, section 21 (a) of the AMLA states that each crime
punished under it is non-cognizable. This statement itself takes away the true
essence of the punishment, as it strips away the right of the investigative
agencies to make an arrest without getting the courts involved. It also declares
that money laundering is not a serious or heinous crime. To understand this
flaw, we do not need to take a look at laws in more developed countries. In
fact, making a comparative analysis with other countries in our own region
proves to be sufficient. As stated earlier, the minimum punishment for money
laundering in Pakistan is of one year, whereas in India, Bangladesh and Sri
Lanka, the minimum sentence is of three, four and five years respectively. Such
comparisons highlight how insignificant our laws consider money laundering to
be.
It is high time for Pakistan to understand the shortcomings in its Anti Money
Laundering legislations and agencies. Not only are they ineffective in achieving
their own stated objectives, but also fail to meet the international standards
and requirements presented to curb money laundering. A ray of hope is the
recent claim by Pakistan’s government stating that it aims to introduce new
anti-money laundering and anti-terror-ism financing laws. However, not only
their timely introduction, but positive implementation will eventually
determine the future of the country and its journey against money laundering.
Criminal Activities
Drug Trafficking
Afghanistan is the major global manufacturer of heroin. There are at least 1.3m
users in Europe with a growing number (8m) of users in Pakistan. There is
always going to be a massive demand for heroin and therefore it will continue
to be a major source of revenue in this part of the world. The growing and
harvesting of the opium crop, the manufacturing process and the supply routes
and workforce are all protected by terrorist groups for a source of the revenue.
This yields vast sums of cash that require laundering to avoid detection.
Case Study
In Colombia FARC was heavily involved in the cocaine trade to raise
significant funds for their cause. They protected the factories and
clandestine landing strips in the jungle. They liaised with other criminal
gangs in to facilitate and control the drugs distribution in return for a share
of the profits. They also liaised with other terrorist groups such as the Irish
Republican Army and ETA a Basque separatist group from Spain over urban
terrorist techniques.
Smuggling
The Pakistan border with Afghanistan is over 2000 kilometres long. The
Northern territories reach up to China. It is estimated that the Pakistan
Government loses $2.6 billion of revenue through the smuggling of 11 types of
legitimate goods such as TVs, phones, car parts, diesel and cigarettes. These
smuggling routes are well established and whatever goods are in demand will
be smuggled to order. The routes will almost certainly pass through areas
controlled by terrorist groups who will demand payment for safe passage or
simply take over the smuggling routes for themselves.
Case Study
November 2018 Customs officials in Quetta raided a train and found it full of
smuggled goods, such as carpets and other household essentials. The goods
had been well concealed within the train. The concealment showed that this
well organised and all the available space had been packed with goods.
The police were not able to catch the smugglers, again showing their caution
and ability to evade detection. – Source Dawn News
In 2016 Pakistan lost $2.63 billion of revenue from the smuggling of household
goods such as TVs, car parts, diesel, mobile phones etc.
Case Study 1
A domestic Non-profit organization (NPO) raising funds for humanitarian relief
in an area of conflict was collecting funds in donation boxes outside of religious
institutions. The funds were then paid into a domestic bank account.
The founder of the NPO was suspected of diverting funds to facilitate terrorism
rather than humanitarian aid. A law enforcement investigation resulted in the
arrest of the founder of the NPO and the seizure of $60,000 from the domestic
account. (source: FATF)
EXTORTION
In areas where law and order has broken down it is easy for terrorist groups to
exert influence on the local communities. They are able to tax local businesses
through direct demands or payments to move goods through checkpoints. The
access to utilities such as water and electricity can also be controlled. Failure to
comply with these demands can be met with violent punishments.

Case Study
In Peshawar 2015 many businesses received extortion demands from
phones with Afghan SIM cards. Some businesses and individuals that failed
to pay demands suffered attacks with grenades and small improvised explosive
devices (IEDs). The Counter terrorism department (CTD)
believes that these demands are from groups based in Afghanistan. The
Pakistan Telecommunications Authority is currently working on blocking
unregistered phones.
Counterfeit Goods
The revenue from counterfeit goods is now more than illegal drugs. 80% of
counterfeit goods are believed to come from China. This includes
pharmaceutical products and a recent report from the Pakistan Government
estimated that up to 50% of pharmaceutical products were counterfeit. This
poses a massive health risk to the public and a massive source of revenue for
criminals and terrorists who get involved in the trade.
Case Study
The terrorists responsible for the Paris attacks in 2015 raised funds through
drug trafficking and the sale of counterfeit goods including Nike shoes. The
Belgium city of Molenbeek is home to a disproportionately large number of
people who sympathise with Islamic terrorism. They are in turn associated with
the sale of counterfeit goods. In 2012 3 tons of counterfeit clothes and
accessories were seized by the authorities. UNIFAB said ‘Law enforcement
agencies in France and abroad need to stop treating counterfeiting as a ‘petty
crime’ and understand that it bankrolls terrorist activity.’
UNIFAB report commissioned by French Government 2016

Interviews
In all investigations interviewing of suspects and witnesses is a key component.
Interviews should be planned and prepared to ensure that the interviewer has
access to all the relevant information and has structured the interview to cover
all the relevant areas.
The PEACE model is a simple structure to conduct interviews.
P - Plan and prepare, make sure all the information, exhibits are available, plan
structure for you interview and a list of questions you want to cover
E – Engage and explain, spend some time to develop a relationship with the
interviewee and make them relax as much as possible. Explain what will
happen in the interview
A – Account and clarify – Try and elicit an account from the interviewee to
explain the points you have identified in your plan. Financial questions will
often be answered as the majority will be seen as routine. Challenge any
inconsistencies to ensure that you understand the answers given.
C – Closure – End the interview and explain what will happen next
E – Evaluate – Review all the answers and decide if a further interview is
required to clarify any points or issues

In relation to financial interviews the following areas should be covered

• Assets owned or controlled by the subject eg Cash held in accounts, shares,
property and
valuables.
• Liabilities such as mortgages, loans, overdrafts and credit owed
• Source of funds – Salary, interest, inheritance, rental income, gifts etc
• Expenses - Loans and mortgages, household bills, travel expenses and other
repayments
INTELLIGENT LED POLICING
Intelligence-led policing, on the other hand, attempts to identify potential
victims and potential repeat offenders, then works in partnership with the
community to provide offenders with an opportunity to change their behavior
before being arrested for a more severe crime.
According to the U.S. Department of Justice, intelligence-led policing is “a
collaborative law enforcement approach combining problem-solving policing,
information sharing, and police accountability, with enhanced intelligence
operations.”
HOW DOES IT WORK?
Intelligence-led policing gathers domestic incidents, arrests, criminal records,
traffic stops, and gang activity, and allows law enforcement to run analytics
against those data. These analytics help law enforcement identify offenders
who are more likely to be repeat offenders of a particular crime or group of
crimes. Law enforcement can then track those individuals, observing when they
move from one class of offense to another. If an offender repeats an offense,
police are alerted of that individual’s history, giving them an opportunity to
intervene in an effort to prevent more criminal activity.
Proactive policing
In contrast to traditional policing, which is reactive and incident driven, ILP
identifies emerging criminal trends and patterns. This enables police to move
from responding to individual criminal cases, to proactively tackling criminal
actors and their operations.
For example, information collected about an increase in the supply of narcotics
and falling prices, in a certain area, can indicate the emergence of a new
organized criminal group. Police officers and crime analysts in the area
proactively collect information and data from all available sources, providing a
picture of drug distribution and possible leading suspects. Their criminal
intelligence report is shared with regional, national, and international
counterparts who provide additional information to fill in the remaining gaps.
The criminal intelligence analysis then serves as a basis for launching a targeted
investigation that may lead to the location and arrest of the leaders of the new
organized criminal group, disrupting the illicit drugs market for a significant
period of time.
ITS SUCCESS IN TACKLING CRIME
• In 2012, the RAND Corporation performed an independent study of the use of
predictive technology by the Shreveport, Louisiana, Police Department and
concluded that “the program did not generate a statistically significant
reduction in property crime.” However, the study acknowledged that it looked
at only a few districts over a limited time period, which weakened the
statistical significance of the study.5
• A 2014 paper published by the American Statistical Association in 2015
studied the use of predictive policing algorithms versus the use of dedicated
crime analysts in three divisions of the Los Angeles, California, Police
Department and two divisions of the Kent, United Kingdom, Police Department.
They determined that models predicted 1.4 to 2.2 times as many crimes as the
dedicated analyst and led to an average 7.4 percent reduction in crime as a
function of patrol time.6

• In another example, the police force in High Point, North Carolina, applied
intelligence-led policing to domestic violence offenders and found these
offenders were often connected with other criminal activity, such as drugs,
assault, and robbery.7 Domestic violence offenders have a tendency to believe
their chances of being caught are very low because only one out of every five
incidents are reported. However, knowing that perpetrators of one type of
crime are likely to commit other types of crime makes it easier for law
enforcement to track and identify these individuals if they are picked up for
other crimes. When this happens, the police take the opportunity to warn them
of the consequences of continued violence and, hopefully, deter them from
further abuse.
High Point has been successful in applying this same technique to gang
intervention.8 When one gang is attacked, police know there will often be
retaliation, so they talk to the members of both gangs and give them a
deterrence message, telling them what to expect from law enforcement if
retaliation does occur.
These examples clearly shows the potential successes of intelligence-led
policing.

BACKGROUND
Intelligence-led policing (ILP) is a modern approach to law enforcement. First
introduced in the United Kingdom in the 1990s,
Traditional reactive law enforcement models have encountered severe
difficulties in coping with today’s risks and threats, and reacting to new criminal
opportunities caused by, inter alia, an increase in personal mobility and
migration, rapid technological and communication changes, free movement of
goods and services, and growing income inequality. Violent extremism and
radicalization that lead to terrorism (VERLT) as well as terrorist incidents in
recent years have highlighted the need to share, connect and centrally analyze
relevant data and information (intelligence) from all levels, in compliance with
national legislations, international human rights standards and OSCE
commitments. Intelligence-led policing (ILP) developed as a response to these
growing challenges by inspiring and facilitating a proactive policing approach,
complementing the traditional, reactive policing model. It has proved to be an
effective tool to address organized crime, to make better use of resources, and
to identify and address priority tasks in a targeted manner. The proactive and
future-oriented approach of ILP facilitates crime prevention, reduction,
disruption and dismantling. Key to the ILP approach is the systematic gathering
and analysis of information and data relevant to the prevention, reduction and
dismantling of crime, followed by the development of intelligence reports. On
this basis, informed and forward-looking policy-making and managerial
decisions can be made and resources allocated, addressing the most pressing
security concerns, threats, crime types and criminals. ILP has furthermore
proved to be an effective and sustainable tool for countering terrorism and
VERLT.
“Intelligence-led policing is crime fighting that is guided by effective
intelligence gathering and analysis – and it has the potential to be the most
important law enforcement innovation of the 21st century.” – Kelling and
Bratton (2006: 5).

PROCEDURE OF INTELLIGENCE-LED POLICING

The 4-i model (intent, interpret, influence and impact) is helpful in explaining
the roles and the relationship between key actors of the ILP concept: the
criminal environment, the criminal intelligence analyst and the police decision-
maker. All four “i” components must be in place and function properly if ILP is
to work to its potential. The model places emphasis on the relationship
between the criminal analysis and the decision-makers. The decision-makers
(managers) task, direct, advise and guide the criminal intelligence analysts.
First, the decision-makers have to ensure that their intentions are explained
and understood. Second, the analysts interpret the criminal environment, and
third, influence the decision-makers with the analysis findings. Based on these
findings, the decision-makers (fourth) impacts on the criminal environment
through strategic management, action plans, investigations and operations as
presented in Figure 3.1
ADVANTAGES
ILP allows for a forward-looking and pro-active approach to police
management IN REDUCING CRIME
ILP allows for a forward-looking and pro-active approach to police
management. Its successful application in recent years in a number of countries
around the world to address serious crime and transnational threats has
encouraged the development of the ILP concept from being mainly applied to
countering organized crime to a more general strategic business model to
address a wide variety of policing problems at the local, regional and national
levels. This development is directly related to the search for law enforcement
methods that would allow the police to have a greater impact on crime, crime
developments and the social harm of criminality with limited resources and at
times of increased demand for accountability.
Risk identification and management is an integral part of modern policing. A
properly functioning ILP approach to data and information gathering and
analysis allows for identifying and assessing risks, including for major events,
geographic areas, types of crime, social harm, serious criminals and criminal
networks.
Improved data and information management is an important advantage of ILP
for contemporary law enforcement. In the modern era of information flow, the
ILP model provides for directed and targeted collection of relevant data and
information, in line with a defined policy, strategy, objectives and priorities.
General human rights principles
In order to ensure that ILP activities comply with international human rights
standards and do not have a detrimental impact on the enjoyment of human
rights, a number of fundamental principles must be met in devising and
implementing ILP at the national level:
The legal, administrative and institutional framework for the implementation
of ILP: First, ILP must be based on clear and precise legal and administrative
provisions, which set out the conditions in which it is to be implemented and
provide for adequate safeguards to ensure that it does not compromise human
rights. The domestic ILP framework must include laws and regulations that
clearly and precisely define the powers granted to relevant agencies and the
requirements that need to be met in the collection, processing, analysis and
sharing of different types of information and intelligence. All domestic laws,
regulations, policies and practices concerning ILP must be in full conformity
with international human rights standards and OSCE commitments.
Furthermore, law enforcement officers involved in ILP must be adequately
trained to apply these laws and regulations in conformity with international
human rights standards.
Legality, necessity and proportionality of limitations of human rights: While a
number of human rights, such as the prohibition of torture and certain
elements of the right to a fair trial, are absolute and cannot be restricted under
any circumstances, international human rights treaties allow for the imposition
of limitations on certain rights, but only within strictly defined parameters.
Accordingly, interferences imposed in connection with ILP are permissible only
if they are prescribed by law, necessary in a democratic society in the interest
of a legitimate aim specifically referred to in relevant international human
rights standards, and proportionate towards this aim: i.e. the right is the rule,
the limitation must remain the exception, and the interference must always
represent the least intrusive means to achieve the aim.
Equality and non-discrimination: In accordance with their international human
rights obligations, OSCE participating States have committed to ensure human
rights and fundamental freedoms to everyone within their jurisdiction, without
distinction of any kind such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
Upholding equality before the law and prohibiting discrimination are essential
duties of the police in a democratic society. In collecting, processing and
analysing information and intelligence, law enforcement must therefore,
for,example, refrain from discriminatory profiling. Similarly, as regards
decision-making based on intelligence, authorities must be alert to avoid over-
policing of particular communities, which may amount to discrimination.
Particular attention should also be paid to the differential impact that strategic
decisions in policing may have on women and men. A diversity and gender-
sensitive approach should therefore be mainstreamed into all ILP activities,
which Rights that may be subject to limitations include the freedom of
movement, the right to privacy, freedom of expression, assembly and
association and the freedom to manifest one’s religion or beliefs.
LEGAL CONSIDERATIONS, HUMAN RIGHTS AND DATA PROTECTION should be
regularly reviewed for any discriminatory impact they may have on women and
men, or on particular communities. Effective remedies, oversight and
accountability: International human rights standards provide for the right of
everyone whose rights or freedoms are violated to an effective remedy and to
have a claim for such a remedy determined by a competent judicial,
administrative or legislative authority.16 Since ILP may lead to potentially far-
reaching interferences in a broad range of human rights, effective and
accessible remedies for human rights violations that may result from ILP are
essential. Furthermore, solid internal and external oversight mechanisms need
to be in place in order to ensure accountability of institutions and individual
law enforcement officers involved in ILP. Such mechanisms may include control
and supervision of the executive, legislative oversight committees and
independent external oversight and complaints mechanisms that give
individuals avenues for redress. Judicial control over activities such as covert
intelligence gathering is particularly important to provide appropriate
safeguards against abuse in the application of ILP.
The right to privacy
Collection of data and information, but also its processing, analysis and sharing,
which are all integral elements of ILP, may have serious implications on the
protection of human rights, in particular but not only, the right to privacy.
Article 17 of the ICCPR stipulates that no one shall be subjected to arbitrary or
unlawful interference with one’s privacy, family, home or correspondence, and
that everyone shall have the right to the protection of the law against such
interference.17
Data protection
Data protection is an important part of the right to private life of particular
relevance to ILP. The United Nations Human Rights Committee, the body
tasked to monitor implementation of the ICCPR, has stressed that the gathering
and holding of personal information on computers, data banks and other
devices must be regulated by law. Furthermore, effective measures have to be
taken to ensure that information concerning a person’s private life does not
reach the hands of anyone who is not authorized by law to receive, process and
use it.
The UK National Intelligence Model
The NIM is the implementation framework of ILP in the UK.71 The intention
behind the NIM is to provide focus to operational policing and to achieve
disproportionately greater impact from available resources. It is based on a
clear framework of analysis of data and information, allowing a problem-
solving approach to law enforcement and crime prevention techniques.
The expected outcomes are improved community safety, reduced crime, and
the control of criminality and disorder leading to greater public reassurance
and confidence. The NIM is not confined or restricted to specialist usage. It is
relevant to all areas of law enforcement: crime and its investigation, disorder
and community safety. Overall, the NIM is a business model for operational
policing.
3 Sweden: ILP organization and decision-making structures
The Swedish Police underwent major reforms in 2015, from being 21
independent Police Authorities, each led by a governance structure at the
Swedish National Police Board, to a single National Police Authority, headed by
a National Police Commissioner, divided into seven police regions and the
National Operations Department. These organizational changes included
creating a new structure and co-operation and co-ordination processes for ILP
in Sweden at the national strategic level, national operational level, regional
strategic level, regional operational level and local operational level. The
organizational structure of the Swedish ILP model is a top-down command and
control structure. All meetings of management groups of each level are
attended by a representative from the next level below in order to secure co-
ordination and information sharing between the levels.
CYBER CRIME
The Federal Investigation Agency (FIA) has reported a sharp decline in the
cybercrime rate in Pakistan. A report by the Cyber Crime Wing (CCW), a wing of
the FIA that deals with crimes committed online, stated that due to the
effective measures put in place, there has been a significant reduction in the
number of online financial crimes during the covid-19 lockdowns.
Statistics: An analysis of the complaints regarding online financial crimes
registered with CCW approximately reported a 50% reduction in crimes. A total
of 923 complaints were registered before the lockdowns from March 1 to
March 22. 154 of these crimes were frauds related to online banking, 130
website based, 497 mobile banking, and 141 were linked to social media.
Meanwhile, after the lockdowns had been put in place, only 488 complaints
were received from March 23 to April 14. Among these complaints, 89 frauds
were related to online banking, 70 linked to websites, 273 mobile banking, and
only 50 social media-related. During this two month period (March 1 to April
22) the CCW also apprehended 45 accused cybercriminals and six infamous
cybercrime gangs, while 39 formal cases were registered against them.(2020)
EX-Minister of State for Revenue Hammad Azhar in dec 2018 told the Senate
that hackers had stolen $6 million from the accounts of 6,000 BankIslami
customers within 23 minutes in nov 2018.
on Oct 27 2018, certain cash amount was hacked through international
ATMs,” the minister further said.
Federal Investigation Agency (FIA) cybercrime wing head claimed that data
from “almost all” the Pakistani banks were stolen. “Reportedly, data from
almost all Pakistani banks have been hacked in the security breach,” Director
FIA Cybercrimes wing retd. Capt Mohammad Shoaib told a local media house.
According to a digital security website, data of more than 8000 accounts of 10
banks were available for sale in dark web – an illegal market of hackers.
The first incident was reported by Bank Islami on October 27 which claimed
more than 2.8 million in international payments. Following the incident, the
bank stopped international transactions allowing only “biometrically verified
domestic payments on ATM cards”.
Hacking is a quite common criminal technique employed by the cyber criminals
to steal, corrupt or illegitimately view data. A huge number of complaints
are ,nowadays, being reported at Cyber Crime Wing-FIA whereby Hackers are
reported to break into victim’s social media accounts to steal his/her identity to
be later employed for criminal purposes. These social media accounts may
include though not limited to Facebook, Twitter, Instagram etc.
Hacking is a crime under section-23 of Prevention of Electronic Crimes Act,
2016 the punishment for which is imprisonment for a term which may extend
to two years or with fine which may extend to one million rupees or with
both.
Categories of Cybercrime
There are three major categories that cybercrime falls into: individual, property
and government. The types of methods used and difficulty levels vary
depending on the category.
Property: This is similar to a real-life instance of a criminal illegally possessing
an individual’s bank or credit card details. The hacker steals a person’s bank
details to gain access to funds, make purchases online or run phishing scams to
get people to give away their information. They could also use a malicious
software to gain access to a web page with confidential information.
Individual: This category of cybercrime involves one individual distributing
malicious or illegal information online. This can include cyberstalking,
distributing pornography and trafficking.
Government: This is the least common cybercrime, but is the most serious
offense. A crime against the government is also known as cyber terrorism.
Government cybercrime includes hacking government websites, military
websites or distributing propaganda. These criminals are usually terrorists or
enemy governments of other nations.
Types of Cybercrime
Malware
Computer viruses are the granddaddy of cybercrime; probably the first kind of
it you became aware of. Viruses infect computer systems, destroying files,
messing with the overall functionality, and self-replicating to jump to other
devices and systems. Viruses are actually a form of malware, which
encompasses all kinds of malicious software: any code or programs written and
distributed to do damage, steal data, make money for their owner, and
generally ruin your day. This includes ransomware, which can lock up your files
until you pay a ransom to decrypt them, and adware, which spams you with
ads.
Cyberespionage
As mentioned, many cybercriminals these days are actually state-sponsored
groups. Whether it’s the North Koreans, the Iranians, or even the US’s own
NSA-affiliated Equation Group, world powers use hacker groups as one weapon
in the complicated matrix of global politics. Stealing classified intelligence and
using malware to attack nuclear plants are just two ways in which state-
sponsored groups can do some frightening things on the world stage.
DDoS Attacks
These are used to make an online service unavailable and take the network
down by overwhelming the site with traffic from a variety of sources. Large
networks of infected devices known as Botnets are created by depositing
malware on users’ computers. The hacker then hacks into the system once the
network is down.

Botnets
Botnets are networks from compromised computers that are controlled
externally by remote hackers. The remote hackers then send spam or attack
other computers through these botnets. Botnets can also be used to act as
malware and perform malicious tasks.

Identity Theft
This cybercrime occurs when a criminal gains access to a user’s personal
information to steal funds, access confidential information, or participate in tax
or health insurance fraud. They can also open a phone/internet account in your
name, use your name to plan a criminal activity and claim government benefits
in your name. They may do this by finding out user’s passwords through
hacking, retrieving personal information from social media, or sending phishing
emails.

Cyberstalking
This kind of cybercrime involves online harassment where the user is subjected
to a plethora of online messages and emails. Typically cyberstalkers use social
media, websites and search engines to intimidate a user and instill fear.
Usually, the cyberstalker knows their victim and makes the person feel afraid or
concerned for their safety.

Social Engineering
Social engineering involves criminals making direct contact with you usually by
phone or email. They want to gain your confidence and usually pose as a
customer service agent so you’ll give the necessary information needed. This is
typically a password, the company you work for, or bank information.
Cybercriminals will find out what they can about you on the internet and then
attempt to add you as a friend on social accounts. Once they gain access to an
account, they can sell your information or secure accounts in your name.

PUPs
PUPS or Potentially Unwanted Programs are less threatening than other
cybercrimes, but are a type of malware. They uninstall necessary software in
your system including search engines and pre-downloaded apps. They can
include spyware or adware, so it’s a good idea to install an antivirus software to
avoid the malicious download.

Phishing
This type of attack involves hackers sending malicious email attachments or
URLs to users to gain access to their accounts or computer. Cybercriminals are
becoming more established and many of these emails are not flagged as spam.
Users are tricked into emails claiming they need to change their password or
update their billing information, giving criminals access.

Prohibited/Illegal Content
This cybercrime involves criminals sharing and distributing inappropriate
content that can be considered highly distressing and offensive. Offensive
content can include, but is not limited to, sexual activity between adults, videos
with intense violent and videos of criminal activity. Illegal content includes
materials advocating terrorism-related acts and child exploitation material. This
type of content exists both on the everyday internet and on the dark web, an
anonymous network.

Online Scams
These are usually in the form of ads or spam emails that include promises of
rewards or offers of unrealistic amounts of money. Online scams include
enticing offers that are “too good to be true” and when clicked on can cause
malware to interfere and compromise information.

Exploit Kits
Exploit kits need a vulnerability (bug in the code of a software) in order to gain
control of a user’s computer. They are readymade tools criminals can buy
online and use against anyone with a computer. The exploit kits are upgraded
regularly similar to normal software and are available on dark web hacking
forums.

MEASURES TO CONTROL
AT INDIVIDUAL LEVEL
. Keep the Computer System Up-To-Date & Firewall turned-on
Generally, Cyber criminals use software flaws to attack computer systems
frequently and anonymously. Most Windows based systems can be configured
to download software patches and updates automatically and this will help to
monitor all online activity and protect the system from viruses and other
malicious programs. To be safe on the Internet, the antivirus software should
be configured to update itself every time the system connects to the Internet.
ii. Protect Your Personal Information Using many of the online services today
involves sharing basic personal information to include name, home address,
phone number, and email address. Using common sense is the best way to
protect against and prevent Cyber Crime. Any financial transaction website
should have an “s” after the letters “http” (e.g., https://www.mystore.com AND
NOT http://www.mystore.com). The “s” stands for secure and should appear
when you are in an area requesting you to login or provide other sensitive data.
Another sign that you have a secure connection is the small lock icon in the
bottom of your web browser (usually the right-hand corner). Hackers might try
to gain access to crash it, delete information, or steal passwords and other
sensitive information. Software firewalls are widely recommended for single
computers. The software is prepackaged on some operating systems or can be
purchased for individual computers. For multiple networked computers,
hardware routers typically provide firewall protection

2. Measures operating at the level of community/organizations

Website owners should watch traffic and check any irregularity on the site. It is
the responsibility of the web site owners to adopt some policy for preventing
cybercrimes as number of internet users are growing day by day.
a. Formal Surveillance
A belief in the effectiveness of formal surveillance rests on the notion that
potential offenders will be deterred by the threat of being seen, and that the
agencies which perform formal surveillance represent such a threat. The first
assumption corresponds with common sense and appears to be accurate.
Authorities may perform physical surveillance utilizing security cameras,
wiretaps and visual tracking to monitor employees’ real-world movements. To
keep tabs on digital activity the surveillance of computers and monitoring all
elements of a suspect's computer use and online behavior. Computer
surveillance may also involve sting operations like setting up a honeypot, which
is an enticement to lure cybercriminals into a secured area of a computer
server to illegally download files that can later be used against them as
evidence
. Cross-Domain Solutions The best way to go about is using the solutions
provided by Cross-Domain Solutions. When organizations use cross domain
cyber security solutions, they can ensure that exchange of information adheres
to security protocols. The solution allows organizations to use a unified system
comprising of software and hardware that authenticates both manual and
automatic transfer and access of information when it takes places between
different security classification levels. This allows seamless sharing and access
of information within a specific security classification, but cannot be
intercepted by or 24 advertently revealed to user who is not part of the
security classification. This helps to keep the network and the systems using
the network safe.
3. Measures to improve Physical Environment
Cyber security is an emerging threat to many critical industries as cyber
intrusions pose a significant threat for contaminant releases that can result in
damage to human health and the environment. Cybercrimes have the potential
to cause catastrophic spills, waste discharges, and air emissions that result in
bodily injury, property damage, environmental remediation expense and
significant legal liability claims.
a) Web servers running public sites must be physically separately protected
from internal corporate network.
b) It is better to use a security programs by the body corporate to control
information on sites.
c) Strict statutory laws need to be passed by the legislatures keeping in mind
the interest of citizens.
d) IT department should pass certain guidelines and notifications for the
protection of computer system and should also bring out with some more strict
laws to breakdown the criminal activities relating to cyberspace.
e) As Cyber Crime is the major threat to all the countries worldwide, certain
steps should be taken at the international level for preventing the cybercrime.
f) A complete justice must be provided to the victims of cybercrimes by way of
compensatory remedy and offenders to be punished with highest type of
punishment so that it will anticipate the criminals of cybercrime.
WHAT IS RECIDIVISM
Recidivism is one of the most fundamental concepts in criminal justice. It refers
to a person's relapse into criminal behavior, often after the person receives
sanctions or undergoes intervention for a previous crime.
Recidivism is measured by criminal acts that resulted in rearrest, reconviction
or return to prison with or without a new sentence during a three-year period
following the prisoner's release.

Recidivism is an important feature when considering the core criminal justice

topics of incapacitation, specific deterrence and rehabilitation.
Incapacitation refers to the effect of a sanction to stop people from committing
crime by removing the offender from the community.
Specific deterrence is the terminology used to denote whether a sanction stops
people from committing further crime, once the sanction has been imposed or
completed.
Rehabilitation refers to the extent to which a program is implicated in the
reduction of crime by "repairing" the individual in some way by addressing his
or her needs or deficits.
An important connection exists between the concept of recidivism and the
growing body of research on criminal desistance. Desistance refers to the
process by which a person arrives at a permanent state of nonoffending. In
effect, an offender released from prison will either recidivate or desist. To the
extent that interventions and sanctions affect the process of desistance, the
research overlaps.
MODERN STRATEGIES USED FOR RESTORATION AND REINTEGRATION OF
CRIMINALS
The United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules)—the most important and recent set of
international standards on what is generally accepted as being good principles
and practice in the treatment of prisoners and prison management—clearly
establish that the provision of meaningful rehabilitation programmes in prisons
is crucial to achieving the ultimate purposes of a sentence of imprisonment,
namely to reduce recidivism and to improve public safety. The Nelson Mandela
Rules also emphasize that education, vocational training, work, treatment and
other forms of assistance, in line with the individual treatment needs of
offenders, should be offered by prison administrations and other competent
authorities to support the social reintegration of prisoners into society.
United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules):rule 4, paragraph 1.
The purposes of a sentence of imprisonment or similar measures deprivative of
a person’s liberty are primarily to protect society against crime and to reduce
recidivism. Those purposes can be achieved only if the period of imprisonment
is used to ensure, so far as possible, the reintegration of such persons into
society upon release so that they can lead a law-abiding and self-supporting
life.
… General Assembly resolution 70/175, annex.
In general, there are three main categories of social reintegration programmes:
(a) prison-based rehabilitation programmes; (b) reintegration and aftercare
programmes delivered upon release;10 and (c) non-custodial, community-
based programmes.
The Federal Bureau of Prisons is undertaking sweeping reforms designed to
reduce recidivism and strengthen public safety. By focusing on evidence-based
rehabilitation strategies, these reforms touch virtually every aspect of the
federal prison system, from an inmate’s initial intake to his or her return to the
community. The reforms are targeted to address the core behavioral issues
that result in criminality, with the goal of reducing the likelihood that inmates
re-offend either while incarcerated or after their release. In doing so, the
Bureau is creating safer prisons and safer streets, underscoring the Justice
Department’s philosophy that one of the best ways to prevent crime is by
reducing recidivism.
From day one, identifying an inmate’s individualized “criminogenic” needs.
BOP embraces a corrections philosophy that reentry preparation must begin on
the first day of incarceration. The first and most important step in reentry
planning is obtaining information about an individual inmate’s risk of
recidivating and programmatic needs that will inform development of an
individualized reentry plan. Social science research indicates each inmate
possesses his or her own "criminogenic factors,"[1] such as criminal history,
substance abuse, and education level. By identifying these factors as soon as an
inmate enters custody, the Bureau can ensure that the individual receives
appropriate services and can monitor his or her progress throughout the term
of incarceration. In 2016, the Bureau retained an independent social science
research organization, American Institutes of Research (AIR), to evaluate
BOP’s existing criminogenic assessment tools and to propose improvements.
This evaluation, which will be completed in the fall of 2017, will increase the
effectiveness of correctional programs by ensuring the right services are
delivered to the right inmates, that these programs are aligned to the risk level
and unique needs of each individual, and that all services are delivered at the
intensity and frequency necessary to reduce the likelihood of recidivism.
Building a “school district” within the federal prison system. Research shows
that inmates who participate in correctional education programs have 43
percent lower odds of returning to prison than those who do not, and that
every dollar spent on prison education saves four to five dollars on the costs of
re-incarceration.[2] With guidance from the Bronner Group, an educational
consulting firm, BOP is building a semi-autonomous school district within the
federal prison system and will offer programs for adult literacy/basic skills, high
school diplomas, post-secondary education, and expanded opportunities for
individuals with learning disabilities. In November 2016, the Bureau
announced that it hired Amy Lopez, a veteran correctional educator, to serve
as the first “superintendent” of the BOP school district. Under the new system,
each federal inmate will be assessed upon incarceration to determine his or her
education level and determine the type and level of instruction needed. That
“individualized education plan” will follow the inmate through his or her time in
BOP’s custody.
Launching a tablet-based pilot program for inmate education. BOP is
launching a pilot program to determine the feasibility of a “blended” education
model that combines classroom instruction with online education (provided
through tablets customized for the prison environment). Similar pilots have
been successfully launched in Ohio and California. The pilot program will be
rolled out at two prisons in early 2017 and will be expanded to additional sites
in future years. BOP is currently reviewing bids from vendors to provide the
necessary hardware and software for the pilot program.
Supporting the Second Chance Pell Pilot Program. Second Chance Pell is a
pilot program announced by the Department of Education in July 2015 that will
allow eligible incarcerated Americans to receive Pell Grants and pursue
postsecondary education with the goal of helping them get jobs and support
their families when they are released. Seven BOP facilities are participating in
this program, which allows select colleges and universities to provide funding
to cover tuition, required fees, books, and supplies for inmates seeking
educational opportunities.
Encouraging inmates to develop marketable job skills. BOP is expanding
opportunities for occupational training, with a focus on ensuring that inmates
develop the job skills they need to find work after release from custody. As
part of this effort, BOP is working to revitalize Federal Prison Industries (FPI),
also known as UNICOR, the agency’s largest and most successful job training
program. Research shows that inmates who worked in prison industries were
24 percent less likely to recidivate and 14 percent more likely to be gainfully
employed after release from custody than other inmates. In 2016, the Bureau
hired Gary Simpson, a former manufacturing and operations executive of a
Fortune 100 company, to restore FPI’s viability and increase opportunities for
inmates.
Developing standardized, evidence-based programs to reduce recidivism.
Research shows that recidivism risk can be effectively reduced through
evidence-based programming that targets criminogenic needs, such as courses
in cognitive behavioral therapy and other topics. Inmate programming also
makes prisons safer because inmates occupied in productive activities are less
likely to engage in institutional misconduct. As a result, BOP is expanding
access to critical National Programs, including BRAVE and STAGES, and
developing new National Programs where programming gaps exist. To achieve
this goal, the Bureau will request additional appropriations to increase its
staffing of critical positions, such as social workers, psychologists, and
treatment specialists. This year, the Bureau developed a standardized Release
Preparation Program, required for all releasing inmates, that will be offered
nationwide. In addition, the Bureau is streamlining its many locally developed
programs to focus on evidence-based programs with a proven track record of
reducing recidivism. As part of this process, the Bureau developed an “Inmate
Model Programs Catalog,” which contains curriculum guides for about 50
“model” programs that Bureau facilities are encouraged to adopt nationwide.
In addition, the Bureau has developed a new computerized system to better
track which facilities are implementing which model programs. Finally, the
Bureau is committed to increasing inmate enrollment in appropriate programs
by improving its case management process and providing greater use of
incentives.
Prioritizing mental health treatment for inmates. BOP is working to overhaul
its policies on the treatment and care of inmates with mental illness. Among
other changes, in May 2014, BOP issued new internal guidance prioritizing the
use of cognitive behavioral therapy and other evidence-based treatment
programs proved to be effective in correctional settings. Since then, BOP also
established a number of “secure mental health step-down units,” which
provide housing and treatment for inmates with serious mental illness and a
significant history of violence, and has launched a pilot program to provide
dedicated mental health staff within restrictive housing units. In addition, as
part of the Bureau’s education reforms, the agency hired its first-ever school
psychologist to assist in developing programs for inmates with special learning
needs.
Ensuring inmates receive appropriate substance abuse treatment. BOP has
provided intensive substance abuse treatment for inmates for more than 20
years. The Residential Drug Abuse Program (RDAP), one of the Bureau’s most
effective recidivism-reduction programs, has been expanded recently to include
additional programs for Spanish-speaking inmates, inmates with a dual mental
health diagnosis, high security level inmates, and female inmates. In addition,
to help inmates with a history of opioid dependence as they transition back to
the community, BOP has recently launched a regional field trial to offer
Medication-Assisted Treatment (MAT) for certain inmates, with plans to
expand the program.
Helping inmates maintain family ties while incarcerated. Research shows that
close and positive family relationships during incarceration reduce recidivism,
improve an individual’s likelihood of finding and keeping a job after prison, and
ease the harm to family members separated from their loved ones. In April
2016, BOP announced a series of family-friendly initiatives aimed at
strengthening the bonds between inmates and their children and families.
These programs included expanded video-conferencing visitation; the launch of
a pilot program that engages children of incarcerated parents in positive youth
development activities; new guidance and training for BOP staff on how to
make visitation spaces more child friendly and interact with children in a
developmentally appropriate way; educating inmates on how to keep in
contact with children who may be in foster care; tip sheets for parents,
correctional staff and mentors to support children of incarcerated parents; and
a new interagency partnership to develop model policies that can be used by
state and local prison facilities to help strengthen family ties. In addition, all
Bureau facilities are now required to hold at least one “Family Reunification
Event” per year.
Helping inmates obtain government-issued ID prior to their release. Access to
government-issued identification documents is critical to successful reentry.
Without such documentation, men and women leaving correctional facilities
face extreme challenges securing employment and housing, registering for
school, opening bank accounts, and accessing other benefits, such as health
care, that are critical to successful integration. BOP is working to ensure that
every federal inmate obtains government-issued identification, including a
Social Security card, birth certificate, and state-issued photo ID card, prior to
his or her return to the community. In November 2016, BOP announced that it
would begin covering the costs of obtaining these documents prior to an
inmate’s release to an RRC, after independent consultants determined that
doing so would actually save BOP approximately $19 million per year (by
making it easier for RRC residents to obtain employment and housing, thereby
facilitating their transfer to less-expensive home confinement). In addition, in
April 2016, Attorney General Loretta E. Lynch sent a letter to all 50 governors
seeking their assistance in helping federal inmates obtain state-issued IDs.
Equipping inmates with information and resources as they return to the
community. In April 2016, the Department of Justice issued its “Roadmap to
Reentry,” which identified five evidence-based principles guiding federal efforts
to improve correctional practices and programs for returning citizens. As part
of this effort, BOP published a “Reentry Handbook,” which provides practical
guidance to inmates as they return to the community, with over 20,000 copies
distributed to inmates in its first year. In addition, BOP activated a reentry
hotline to assist formerly incarcerated individuals as they transition to the
community. These efforts dovetail with the Obama Administration’s broader
reentry efforts, including codifying the Federal Interagency Reentry Council,
and supporting the Fair Chance Business Pledge, which calls on companies to
commit to hiring formerly incarcerated individuals.
VIOLATION OF HUMAN RIGHTS DURING INTERROGATION PROCESS
INTERNATIONAL law prohibits the use of torture and so evidence obtained
through torture must necessarily be excluded. As a state party to the
Convention Against Torture and to the International Covenant on Civil and
Political Rights (ICCPR), Pakistan is required to “take effective legislative,
administrative, judicial or other measures to prevent acts of torture in any
territory under its jurisdiction” under ARTICLE 2 of the ICCPR. Pakistan signed
Convention against torture (CAT) a decade ago, and ratified it in 2010.
Through all this time, from 2006 to 2012, in just one district of Faisalabad, we
know that at least 1,452 individuals were subjected to torture. They were
beaten with sticks, suspended from the roof, sexually assaulted, deprived of
sleep amongst many other unspeakable things. Ongoing torture during this six-
year period, that includes the years that Pakistan stepped up to adopt CAT
leads to one conclusion — Pakistan was in flagrant violation of its international
human rights commitments.
Second, the use of torture undermines the justice system’s fairness and
legitimacy. Article 14(g) of the ICCPR guarantees the right of defendants “[n]ot
to be compelled to testify against himself or to confess guilt”. The Human
Rights Committee elaborates that “[d]omestic law must ensure that
statements or confessions obtained in violation of Article 7 of the Covenant
are excluded from the evidence”.
In a 2007 report on the death penalty in Pakistan, the International Federation
of Human Rights concluded that “[t]orture in order to obtain confession, to
intimidate and terrorise is widespread, common and systematic”. According
to research by Justice Project Pakistan, it is commonly linked to other violations
of human rights, such as illegal detention and forced confessions. This often
results in wrongful convictions.
The Constitution provides that “[e]very person who is arrested and detained in
custody shall be produced before a magistrate within a period of twenty-four
hours of such arrest”. Yet, many victims of police torture are being detained for
days without being entered into the system.
Pakistani law, interrogations are supposed to be excluded on a showing of
torture, but in practice, coercive interrogations are admitted regularly during
trial. Often, such ‘confessions’ are the only evidence prosecutors have against
defendants. In practice, the lack of use of sophisticated methods of
investigation leaves the investigation team with only one method to solve a
crime ie confession. Too often, this leads the police to use torture to force
confessions in order to proceed with a case. The admission of such testimonies
is made easier by the low-quality of representation of defendants who fail to
challenge it.
According to Article – 3 of the UDHR, everyone has the right to life, liberty and
security and this ‘everyone’ includes each and every person whether a citizen
or a refugee and whether a free or a detained person.
EXAMPLE 1:
“I have no doubt in my mind that the police killed [my son],” said the father of
Syed Alam, who was killed in police custody in Karachi in November 2015.
“They killed him because I was pursuing the anti-corruption complaint against
them [police]. I have no hope of getting justice in this crooked system.”
EXAMPLE 2:
several incidents of torture and custodial death have spotlighted the pervasive
culture of abuse. On September 1,2019 Salahuddin Ayubi, arrested for theft,
died in police custody. His family said he had a mental health condition. A
forensic report confirmed that he had been severely beaten. In August, the
Punjab anti-corruption department discovered a cell run by police officers in
Lahore where suspects were kept in secret detention and tortured. The
government has ordered inquiries into both incidents.
EXAMPLE 3
The media reported in 2019 that some 150 torture cells were being run in
Lahore by the Punjab Police, outside the premises of police stations, where
policemen were usually employing five methods of torture: physical, hygienic,
deprivation, psychological and humiliation.
EXAMPLE 4
A year later, in August 2011, two young brothers were lynched to death in the
presence of police officers in Sialkot. A few months later, reports of a torture
cell within Crime Investigation Agency headquarters in Lahore (the Kotwali
Office) made the rounds.
EXAMPLE 5
In 2018, a young boy was sexually assaulted inside a private torture cell near
Lahore, while one police official video recorded the assault. In the first week of
September of this year alone, we have learned about the tragic deaths of
Salahuddin Ahmed, Amjad Ali and Amir Masih.
Last year, Advocate Javeria Younes presented her research on custodial torture
in Pakistan. She surveyed lawyers, social activists, members of law enforcement
agencies and torture victims in five major cities across Pakistan.
She found that in addition to torture being used as an instrument to extract
evidence, it is also "encouraged and abetted by the state to maintain its writ",
LAWS AGAINST TORTURE
handful of legal frameworks safeguard civilians from torture in police custody.
The Pakistan Penal Code prohibits causing ‘hurt’ for extracting confessions (but
does not use the word ‘torture’). Article 14(2) of the Constitution prohibits
torture in custody and states, "No person shall be subjected to torture for the
purpose of extracting evidence." Article 10 of the Constitution prohibits
arbitrary arrest and detention. Section 176 of the Criminal Procedure Code
demands a magisterial inquiry in cases of custodial deaths, but as is common
knowledge, such inquiries seldom take place.
POLICE REFORM
The police need to recruit officers at the young age of 18-22 and have them
undergo rigorous training on the pattern of the army. For specialised fields, eg
investigative units for white-collar crime, there can be lateral recruitment, just
like the army recruits doctors, engineers and educationists.
HOW CRIME AFFECT SOCIETY
Crime not only affects economic productivity when victims miss work, but
communities also are affected through loss of tourism and retail sales. Even the
so-called victimless crimes of prostitution, drug abuse, and gambling have
major social consequences. Drug abuse affects worker productivity, uses public
funds for drug treatment programs and medical attention, and leads to criminal
activity to support the expenses of a drug habit.

Communities and governments spend public funds for police departments,

prisons and jails, courts, and treatment programs, including the salaries of
prosecutors, judges, public defenders, social workers, security guards, and
probation officers. The amount of time spent by victims, offenders, their
families, and juries during court trials also take away from community
productivity. By the beginning of the twenty-first century it was estimated that
the annual cost of crime in the United States was reaching upward toward $1.7
trillion.
1.people may become frightened inside or outside their own home
2.home insurance premiums can rise
3.property prices are affected
4.homeowners can find it more difficult to sell their property
5.new businesses may avoid the area
6.existing businesses may close down due to:
7.repeated thefts and loss of income
8.Costs of repairing damage from vandalism
9.loss of customers in the area
CASE STUDY OF BALOCHISTAN AND AFGHANISTAN
HIGHLIGHT WITH EXAMPLES THE IMPORTANCE OF MODERN TECHNIQUES
USED FOR CRIME DETECTION IN PAKISTAN
Chapter 25 of Police Rules 1934 deals with the investigation processes. It
necessitates that investigators unearth the truth behind cases under
investigation which principally entails that the investigation must not blindly
follow the content of the FIR. But the actual facts of the case should be
uncovered and a deaf ear should be turned to made-up stories.
COMPUTER FORENSIC TO DETECT CYBER CRIME
The advent of cyber crime has led to the evolution of the discipline of computer
forensics. Today, it is possible to detect the computers used by perpetrators for
carrying out the offence. Similarly, the increased use of cellphones in the
commission of crimes has compelled the police to focus on developing
cellphone forensics through which one can establish a person’s presence at a
crime scene where no material evidence may be available.
POLYGRAPH AND VOICE STRESS FOR VERIFYING SUSPECTS’ STATEMENTS
Other sophisticated gadgets such as polygraphs and voice stress analysers are
used for verifying suspects’ statements. Almost all police forces increasingly
rely on video footage acquired of any significant incident, such as an accident, a
crime or an incident of terrorism. Police forces have been able to positively
identify terrorists in post-blast incidents through the images captured on state-
of-the-art cameras.
PAKISTAN AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
With the introduction of the Pakistan Automated Fingerprint Identification
System (PAFIS), fingerprints are secured and processed electronically through
biometric technology. The current PAFIS database has a record of around
200,000 digital fingerprint impressions of suspects arrested and charged in
various cases. The centralised PAFIS database has helped check the inter-
provincial movement of suspects. Fingerprint impressions that are stored in the
database can easily be matched against the latent impressions lifted from a
crime scene as well as with the impressions already stored in the national
databank.
DNA TYPING TO IDENTIFY SUSPECT
DNA-typing is a revolutionary technology currently being used by the Sindh
police. The value in DNA-typing lies in accurately being able to establish the
identity of a suspect or other person. Such analysis also helps in identifying
potential suspects whose DNA may match with evidence left at a crime scene.
Furthermore, it helps exonerate wrongly accused persons.
EXAMPLE: During forensic analysis, PFSA scientists found that the DNA profiles
of the culprit involved in Asma's and Tehmina's cases were identical, ...also in
zainab case culprit was same
EXAMPLE: Investigators of the Sindh police successfully identified several
victims of the 2007 Karsaz bombing through DNA analysis. Then in 2008, in the
much-publicised case of the rape of a young girl near the Quaid’s mausoleum,
the suspects were traced through this method of analysis. The DNA samples of
four suspects matched with samples secured from the crime scene. DNA
analysis also proved beyond doubt the involvement of the ‘white Corolla’ rapist
who used to stalk his victims in Karachi’s Defence Housing Authority area in
2008.
DIGITAL FORENSIC TO RECOVER DELETED DATA
Digital forensics involves the accurate analysis and presentation of computer-
related evidence. It is a tool and technique to recover, preserve and examine
digital evidence found on or transmitted by digital devices. The Sindh police
forces existing capability includes the recovery of deleted data from cell
phones, SIM cards, hard drives and the retrieval of Internet history, IMEI
numbers, email records, messages, call logs, call data records and SIM
forensics. The investigation units of the Sindh police have successfully traced
several cases with the help of these modern tools.
Some high profile cases have been solved with the help of forensic
investigation tool are the Marriot Hotel blast in 2008, Lal Masjid operation in
Islamabad, suicide blast on a political rally in Karachi, Kasur incident and
different others.
COMMUNITY CORRECTION STRATEGIES (2020)
II. Goals of a Community Sentence
Community corrections programs attempt to accomplish many goals. These
goals include easing institutional crowding and cost; preventing future criminal
behavior through surveillance, rehabilitation, and community reintegration;
and addressing victims’ needs through restorative justice. Each of these goals is
discussed below.

A. Easing Institutional Crowding and Cost

Goal of community corrections programs is to ease institutional crowding in
jails and prisons by drawing from the population of convicted offenders who
are predicted to be less risky to the outside community. Given that there are
far fewer beds available than the number of people arrested, community
corrections programs control crowding by separating out the people who need
to be in jail from the people who pose less risk (Harris, 1999).
Another way of controlling prison populations historically has been to allow
prisoners who have served the minimum amount of time on their sentence the
opportunity for early release on parole. Parole is the privileged and
discretionary release from prison on community supervision until the
remaining time on one’s sentence has expired. Parole has thus been used to
make room for incoming prisoners.

B. Surveillance
Safety of the public is an important concern for any offender supervision
program. To maintain public safety, offenders under supervision should be
assessed to determine the degree of risk posed by their participation in
community programs. Offenders who pose a serious danger to society or to
themselves should not be in a community corrections program. Instead, these
offenders should be incarcerated in jail or prison until they are no longer
dangerous to themselves or others. For those on community supervision,
compliance with court-ordered sanctions is carefully monitored by trained
community officers. Finally, violations of supervised conditions are taken
seriously for those who cannot or will not comply with the conditions.
C. Addressing Problems Related to Criminal Behavior
Correcting some of the problems that are directly linked to criminal behavior
and continued involvement in the criminal justice system is another goal. Some
of these problems include drug or alcohol addiction, lack of emotional control,
inadequate education or vocational training, parenting problems, and mental
illness or developmental disability. The offender attends classes to address
these issues while on supervision with greater access to treatment programs
than the individual would have had in jail or prison. The basis of effective
rehabilitation is the use of cognitive-behavioral techniques and selecting
offenders who have the desire to change.
D. Community Reentry
Community reintegration is an important goal for offenders released from jail
or prison to gradually ease their reentry into society. Community-based
correctional programs help in this endeavor with a minimal level of supervision
while simultaneously allowing the offender to assume responsibilities and
parental roles. In this way, getting released from prison is not such a culture
shock, and this will hopefully decrease the probability of recidivism (Austin,
2001).
E. Restorative Justice
Restorative justice assumes that a crime harms the community and that
sometimes there are individual victims involved. Often, victims of property
crimes just want to be paid back or have things restored to their former
condition— something that may not be possible if the offender goes to jail or
prison. Restorative justice emphasizes offender responsibility to repair the
injustice that offenders have caused their victims. Through victim and
community involvement, such as face-to-face mediation sessions, victim impact
panels, and volunteer mentoring, the offender remains in the community,
completes community service, and pays victim restitution. Restorative justice is
most effective for property crimes, particularly those committed by juveniles or
first-time adult felony offenders (Bazemore & Stinchcomb, 2004).
Community-based programs are available at three decision points in the
criminal justice process: at pretrial release before a defendant is convicted,
after an offender is sentenced as an alternative to incarceration, and as an aid
in reentering the community following a prison sentence. Within these decision
points, a wide variety of community programs are available, including
residential halfway houses; nonresidential options such as probation, parole,
and electronic monitoring; and economic sanctions such as restitution, fines,
and forfeitures.
USE OF INTERNET BY TERRORIST TO REINFORCE THEIR IDEOLOGY
The September attacks in 2001 against the United States of America paralleled
with the outburst of satellite televisions, particularly in the Middle East. This
communication development enabled terrorists, particularly AlQaida
organisation, to broadcast its messages via Al-Jazeera. As a result of media
scoop by this satellite and other media outlets which provided terrorists with a
platform, the United States warned the public from the influx of Al-Qaida
propaganda and paid attention to the role of American media outlets in
launching the war on terrorism.
However, the emergence of the Internet, or by other words online media,
which embeds virtual media platforms, has enabled the extremists and
terrorists to have their own webpages. Some of these webpages used to recruit
fighters in Western countries Regarding the organisational use, many extremist
and terrorist organisations, such as ISIS, tend to use various forms of media
outlets, including online mediums, to transmit their messages whether to
market their ideology; to address the followers and sympathisers; or to wage a
psychological warfare against their enemies.
Lachow & Richardson (2007) point out that the Internet provides terrorists with
an ideal platform for five reasons: the control over time in sending messages;
the low cost of using the Web; it allows a small organization to reach global
audiences; it allows disseminating complex and sensitive information; and
"modern encryption technologies allow Internet users to surf the Web, transfer
funds, and communicate anonymously—a serious (though not insurmountable)
impediment to intelligence and law enforcement organizations trying to find,
track, and catch terrorists".
This counterstrategy posits the problem in the virtual media platforms as the
main source of extremism and terrorism. In this regard, the Grand Mufti of
Australia Doctor Ibrahim Abu Mohammed accused these platforms of
brainwashing the minds of some Muslim youths inciting them to commit
terrorists' attacks (Olding, 2015).
However, the policy of this counterstrategy and Mufti's accusation postulate a
hypothesis that the current main medium of transmitting extremism and
terrorism is the Internet.The former British Prime Minister Margaret Thatcher
warned in 1980s that, “publicity is the oxygen of terrorism”.
In certain communities, the relevant socialization process into terrorism
begins at a very young age, with propaganda playing a large role. For example,
there are accounts of Palestinian neighborhoods where graffiti glorifies suicide
bombers and calendars are illustrated with the “martyr of the month.”
Role models can serve as an important source of authoritative legitimacy for
the justification of violent action.
“We are in a battle, and more than half of this battle is taking place in the
battlefield of the media.”43 In 2005, Ayman al-Zawahiri, then al-Qaeda’s
secondin-command, allegedly wrote these words in a letter to Abu Musab al-
Zarqawi,
the al-Qaeda leader in Iraq at the time.
The Internet has revolutionized terrorism in many ways. For example,
activities that were once conducted face-to-face, such as fundraising or
training, are now conducted through websites and virtual training camps.
Geospatial imagery, such as Google Earth, can be used to study locations and
plan potential attacks. Hacking and cyber-attacks present the possibility that
great harm can be done to a country’s infrastructure from a computer halfway
across the world. Likewise, the Internet has emerged as a dangerous tool for
terrorist propaganda and recruitment purposes. There are at least nine key
ways that the Internet has changed the way that terrorists use propaganda.
First, social media allows terrorist groups to provide limitless content directly
to numerous websites or individuals, without having to go through a third
party.45 Traditionally, the media had a monopoly on covering and interpreting
terrorist incidents. Now, terrorists have the ability to instantly convey their
messages directly to their target audience. The terrorists can also tailor their
recruiting pitch, sending different messages to individuals based on their age,
gender, location, or other factors. For example, ISIS sends starkly different
messages to Muslims in the West than those closer to the Middle East.46 The
Second, social media provides terrorist organizations with an efficient way to
recruit new members, spread propaganda, and spread their ideology to a large
audience with minimal effort. Physical geography is no barrier to
communications between potential recruits and terrorists. Terrorists can create
any number of account names on social media platforms, making
communication cheap, easy, and almost impossible to stop. Twitter and other
social media platforms have attempted to thwart terrorist groups by
suspending ISIS-supporting Twitter accounts, only to find that the accounts are
replaced quickly by other ISIS supporting accounts. Like the mythical Hydra, the
suspension of an ISIS supporting Twitter account seems to yield two more ISIS
supporting accounts in its place.
Third, social media “lowers the barrier of access” to terrorist propaganda.49
Social media platforms provide individuals with ways to easily reach terrorist
propaganda and terrorist users. Unlike terrorist websites, which typically
require individuals to intentionally locate the specific site, individuals may also
stumble across terrorist social media accidently.50 For example, an individual
may click on a link posted by a friend and unintentionally land on a jihadist
forum. Furthermore, smart phones have made it possible for individuals to
constantly have access to the Internet at almost all times and places. Thus,
physical location and time are no longer relevant constraints on an individual’s
ability to access terrorist information.
FOURTH, terrorists can gain knowledge about social media in order to distort
the prevalence and ranking of their messages on search results. Social media, in
particular Twitter, allows terrorists to amplify their messages by posting links to
their propaganda and “hashtags” at an unnaturally fast pace, causing the
postings to place higher in search results and in content aggregated by third
parties. ISIS and al Qaeda reportedly both use “bots,” which are computer
controlled Twitter accounts that automatically send out content in a similar
manner.
Fifth the Internet allows for multidirectional communication between the
terrorists and the potential recruits. Individual communication allows terrorists
to craft propaganda specifically tailored for certain types of individuals.
Furthermore, interactive participation can foster a sense of cohesion and
generate a sort of virtual community between the terrorists and potential
recruits, thereby creating a sense of unity.
Sixth, terrorist groups can use social media to search for and target individuals
who might be particularly vulnerable to their ideology.58 For example, ISIS
utilizes social media platforms that are popular with teenagers to attract and
recruit young people, who are more susceptible to its propaganda. Terrorists
can craft their propaganda to appeal to certain vulnerable populations by
portraying their organization as the solution to individuals’ problems.
Furthermore, terrorists can weed out less susceptible populations by blocking
apparent nonbelievers from their communications.
CRIMINAL INVESTIGATION
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LEGAL AND ETHICAL GUIDELINES FOR INVESTIGATORS
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