Chapter No.

1
INTRODUCTION
Literal Meaning of Crime (CSS-2016)
The word “Crime” was originally taken from a Latin term “Crimen” which means “to charge”.
According to the Oxford dictionary crime is defined as
“An action or omission which constitutes an offence and is punishable by law”.
Therefore in its simplest form, crime is a punishable act which breaks the rules of the law.
However the concept of crime is surrounded by constantly changing ideas and perceptions of what
constitutes criminal behaviour.
Definitions of Crime by different scholars
Different scholars have defined crime in different ways. There a few definitions of crime
“Crime is an act committed or omitted in violation of Public Law forbidding or commanding it”.
William Blackstone
“Crime is an act forbidden by law and revolting to the moral sentiments of the society”. James
Stephen
“Crimes are wrongs whose sanction is punitive and in no way remissible by an private person, but
is remissible by the Crown alone, if remissible at all”. Kenny
“The term crime technically means a form of anti-social behavior that has violated public
sentiment to such an extent as to be forbidden by statute.” Barners and Teeters
In nutshell, in plain words, Crime is actually a violation of laws which are made by the state. Laws
are made to control the behavior of people in a society.
Concept of Crime
In our society it is the legal system that defines which acts are criminal and which are not. A crime
cannot be committed unless the act violates the law. The legal definition of crime is a very weighted
argument, however many also argue that in order to define crime we rely on existing social and cultural
norms which are accepted in society. The definition of crime is dependent on it as it effects our own
interpretation of what crime is. Social and cultural factors are constantly evolving and changing. They are
not static and this therefore makes them susceptible to changes which inevitably affect the definition of
crime. Basic elements of crime are important to understand the concept of crime
 Mens Rea
The term "Mens Rea" is a Latin phrase and it means ‘to have in mind.” In men’s rea, mind accepts
the fact that crime is committed which is wrong. It’s actually mental state of the person who is guilty.
 Actus Reus
"Actus Reus" is also a Latin term and it means “to do an act.” It is actually a physical
representation of a crime. Thus, it shows how the crime committed affected the person physically along with
his conduct at that point in time.
 Concurrence
Concurrence is another basic component of a crime. This means that both actus reus and mens
rea should occur simultaneously for an act to be considered as a crime. This is called concurrence.
  Legality
The word "legality" means "obligations as imposed by law" or "the quality or state of being in
accordance with the law." If a person does not fulfill his or her obligations as imposed by law, he or she is
committing a crime. Of course, the courts will consider if the intent clause and the occurrence clause are
fulfilled as well before convicting the defendant.
 Causation
The word "causation" according to legal jargon means "the casual relationship between the
conduct of a accused and the end result, that in most cases is an injury." In short, the word, in the crime
scene, means causing harm or misery to someone else by taking a particular action or by not taking an
action that is legally required to be taken.
 Harm
The meaning of the word "harm" in the legal parlance is as follows: If a person acts or omits to act
and thus causes an injury on another person, it is called harm. Injuries include physical injuries or
damage to the dignity or reputation of another person, a breach of a contract, or taking a particular action
that results in loss of a legal right for another person.
 Punishment
To understand the element of "punishment," one should know why courts punish those who are
convicted of crimes. The reason courts award punishments to the convicted are that crimes are forbidden
by them since crimes can cause harm to individuals or to society. Punishment is another element that
constitutes a crime. Courts take into account various factors and satisfy themselves about the occurrence
of the crime and its effects before awarding punishments to the convicts.
Stages of Crime
There are different stages of crime. The stages are also important to grasp the basic concept of
crime. The stages are the following:

 Intention

The intention is the first stage of any offense and is known as the mental or psycho stage. In this stage,
the offender decides the motive and decides his course or direction towards the offense. The ironical fact
about this stage is that the law cannot punish the person just for having an intention to do any illegal act.

 Preparation

Preparation is the second stage amongst the stages of crime. It means to arrange the necessary
resources for the execution of the intentional criminal act. Intention and preparation alone are not enough to
constitute a crime. Preparation is not punishable because in many cases the prosecution fails to prove that
the preparations in the question are for the execution of the particular crime.

 Attempt

An attempt is a direct movement towards the execution of a crime after the preparation of the plan.
According to law, a person is guilty of an attempt to commit an offense if he/she does an act which is more
than simply preparatory to the commission of the offense. Moreover, a person is guilty of attempting to
commit an offense even though the facts are such that the execution of the offense seems to be impossible.

 Accomplishment

The last stage in the commission of an offense is its successful completion. If the accused becomes
successful in his attempt to commit the crime, he will be guilty of the complete offense. Moreover, if his
attempt is unsuccessful he will be guilty of his attempt.

Classification of Crime

Crime is classified in three major categories

1. Infraction

2. Misdemeanors

3. Felonies

1. Infractions

Infractions (sometimes called violations) are petty offenses that are typically punishable by fines, but
not jail time. Because infractions cannot result in a jail sentence or even probation, defendants charged
with infractions do not have a right. A defendant who has been charged with an infraction can hire an
attorney, but the government doesn’t have a constitutional duty to appoint one. Often, prosecutors don’t
appear on behalf of the government in cases involving infractions. Traffic offenses are the most common
form of infraction.

Some of the more common infractions include:

 Traffic violations(although sometimes these can rise to the level of misdemeanors and felonies)
 Fishing without a license
 Building permit violations
 Operating a business without a proper license
 Drinking in public
 Disturbing the peace
 Campsite violations

2. Misdemeanors
 Misdemeanors are criminal offenses that carry up to a year in jail in most states. Punishment for
misdemeanors can also include payment of a fine, probation, community service, and restitution.
Defendants charged with misdemeanors are often entitled to a jury trial. Indigent defendants charged with
misdemeanors are usually entitled to legal representation at government expense.

Common examples of misdemeanor charges include:

 Theft crimes
 Assault and battery
 Public drunkenness and other alcohol-related crimes
 Failure to appear in court and other court-related violations
 Unlawful possession of a weapon
 Assault resulting in bodily injury

3. Felonies
Felonies are the most serious type of criminal offense. Felonies often involve serious physical harm
(or threat of harm) to victims, but they also include offenses like white collar crimes and fraud schemes.
Offenses that otherwise are misdemeanors can be elevated to felonies for second-time offenders.
The following are the common examples of felonies
 Murder
 Manslaughter
 Aggravated assault
 Kidnapping
 Arson
 Sale or manufacturing of drugs
 Tax Evasion
 Treason

CONCEPT OF CRIMINALITY
Criminality is a style of strategic behavior characterized by self-centeredness, indifference to the
suffering and needs of others, and low self-control. More impulsive individuals are more likely to find
criminality an attractive style of behavior because it can provide immediate gratification through relatively
easy or simple strategies.
Criminality is a certain personality profile that causes the most alarming sorts of crimes. All criminal
behaviors involve the use of force, fraud, or stealth to obtain material or symbolic resources. Criminal behavior is
the product of a systematic process that involves complex interactions between individual, societal, and
ecological factors over the course of our lives. In other words, from conception onward the intellectual,
emotional, and physical attributes we develop are strongly influenced by our personal behaviors and
physical processes, interactions with the physical environment, and interactions with other people, groups
and institutions. These systematic processes affect the transmission from generation to generation of
traits associated with increased involvement in crime.
CRIMINAL BEHAVIOR
 Q. How would you classify criminal behaviour? (CSS-2021)

A combination of both biological and social factors combined mold people into who they are and
determines the mindset of one that chooses to engage in criminal behavior. The focus of Criminal
behavior study is to understand offender better and answer questions like: who criminals are, why do they
commit an offence (In order to define ways of preventing criminal), how do they think, what do they do (in
order to predict their future actions and assist investigation in catching offenders).
There are four general definitions of criminal behavior that will fit all the types of it. These four areas
include the following types of act:
1. Prohibited by law and are punished by the state
2. Considered to be violation moral or religious code and is believed to be punishable by a Supreme
Spiritual being such as God.
3. Violate norms of society or traditions and are believed to be punishable by community
4. Acts causing serious psychological stress or mental damage to a victim, but somewhat affordable for
offender (referred as “Psychological criminal behavior”).

Classification of Criminal behavior

Criminal behavior, particularly violent and antisocial behavior, is considered to be a major social
problem with complex causes. It is known that a myriad of environmental, social, and psychological
factors are associated with increased risk of convictions for this type of criminality. Interrelated factors
include poverty, poor housing, high levels of social inequality in society, low educational attainment, poor
diet, low self-esteem, and impulsivity.
Criminal behavior is not, itself, indicative of mental illness. If it were, perhaps it could be treated
medically. However, some criminals are motivated to engage in illegal and antisocial behavior by
underlying psychiatric conditions, especially those conditions that manifest themselves in symptoms such
as lack of impulse control and lack of inhibition, hallucinations and delusions, paranoia, hyper-activity, and
inability to concentrate or possession of impaired communication skills.
Persons suffering from personality disorders, schizophrenia, bipolar affective disorder,
aggression, depression, adjustment disorders, and sexual disorders such as paraphilias are prone to
criminal behavior. Illegal conduct can also stem from drug- or alcohol-induced psychosis or conditions
caused by traumatic brain injury.
It might be easier for such persons to hide their mental illness in the online community, where
they don't have to come into physical contact with others, than in the offline world. Cybercrime that is
motivated by psychiatric illness can be difficult to investigate and solve, precisely because the criminal's
motivations don't seem logical or rational. We can understand why a money-motivated offender commits
crimes, even though we don't approve of the behavior. However, we might not be able to easily
understand the actions of a mentally ill person.
Criminal behavior can be classified into several types using sociological criteria such as the
criminal career of the offender, group support for criminal behavior, correspondence between criminal and
legitimate behaviors, and society's reaction. The crime types are: (1) violent personal crime, (2)
occasional property crime, (3) occupational crime, (4) political crime, (5) public order crime, (6)
conventional crime, (7) organized crime, and (8) professional crime. Among these, organized crime
includes prostitution, gambling, and peddling narcotics and firearms. In every country there are groups of
people who cannot adjust to normal society and disturb public peace and order.
Criminality is the quality or state of being criminal. There are common factors that characterize
individuals who commit crime. Theories of crime vary based on their foundational assumptions of human
nature. These theories and the documented characteristics of criminals have led to the development and
use of risk assessment tools with reasonable accuracy. A relationship between mental disorder and crime
exists but is minor and disorder-specific.
Causes of criminal behavior
The reasons behind criminal behavior can vary a lot in each particular case, but still they can be
grouped in two main categories genetics and environment.
When in the mid 19thcentury the question about the causes of criminal behavior was
raised, a lot of psychologists were insisting that the only reason is genetics. They even considered that a
person’s inclination to criminal could be measured according to the parents mental condition, i.e. if they
had some even minor mental problems theirs son/daughter was more likely to become a criminal.
As the time passed more and more researches and experiments were held and modern approach
to this question is that of course genetics is really important reason behind criminal behaviour, but the
environment is also as important as it. This includes the family the child is born and raised in, the example
parents and family can give them, the social status they have, education, etc.
Nowadays the psychologists and criminalists agree that what drives a person to criminal behavior
is really complex and complicated mechanism, involving a lot of factors. We can imagine a child, who was
born in a “criminal” family (mother is schizopreniac, father is rapist and murderer) but after he got an
education and a job there is nothing antisocial in his behaviors. It proves that solely genetics can’t
determine one’s inclination to the criminal.
So, it is impossible to predict a person’s “criminality” according to some specific factors, but we can
still highlight some circumstances and apply a person to a “relatively higher criminal risk group”.
 Financial problems, or starvation; this is especially common problem in third world countries.
When a person has to struggle every day just to get food to survive, the probability that they
become thieves is high.
 Low social status; when one is bullied because of it, they may easily become aggressors and
fight back against the whole society.
 Genetics; some genetically mental disorders, itself, includes increased aggression.

Criminal Typology

Q. What would be the focus of typology? (CSS-2021)

Criminal typology
A criminal typology offers a means of developing general summary statements concerning
observed facts about a particular class of criminals who are sufficiently homogeneous to be treated as a
type, rather than attempting to study criminals as a single species. Most typologies of criminals and
delinquents are based on age, sex, current offense, personality type, and social class. Typologies of
offenses have been based on motive, norm violated, circumstances of the act, relationship with the victim,
and frequency of behavior. Those factors most often used in typologies of criminals are:
(1) The type-distinction, such as individual criminal and social criminals;
(2) The frequency with which offenses are committed -occasional, once only, persistent, or
habitual; and
(3) Typology based on motivation.
Typologies may also facilitate crime prevention or correctional efforts, whose success depends on
accurately identifying and addressing the specific problems underlying different kinds of lawbreaking
behavior. This argument is similar to a medical one, in which it is assumed that the probability of
successful prevention or treatment at certain physical illnesses is greatly enhanced when corrective
efforts are tailored to a precise diagnosis of the ailment being attacked.
A criminal typology is criminological theory made manageable in a way that can be practically
applied to organize, classify, and make sense of a range of behaviors that violate the law.
Criminologists have developed both crime-centered and person-centered typologies. The former
sort out criminal activities into homogeneous groupings, such as residential burglary, car clouting, white-
collar crime, and forcible rape. Criminologists base such types on offender-victim relations, techniques
employed in the crime, and spatial or temporal features of the lawbreaking activity. By contrast, person-
centered typologies assign individuals to role careers, syndromes, criminal roles, and other social and
behavioral categories on the basis of similarities on their part in criminal involvement, attitudes,
personality patterns, and other presumably relevant characteristics. In short, crime-centered
classifications seek to identify distinct forms of crime, while criminal-centered endeavors search for
relatively distinct patterns or types into which real-life offenders can be sorted.
 Chapter No. 2

UNDERSTANDING CRIMINOLOGY
Q. No. 2. Define Criminology. Discuss the scope of criminology in Pakistan. (CSS-2018)

Criminology

Criminology” is derived from the Latin word ‘crimen’ which means “accusation”, and the
transliterated Greek word ‘logia’ which denotes “the study of,” therefore the study of crime.

Criminology is the branch of sociology. It is the scientific study of crime, including its causes,
responses by law enforcement, and methods of prevention. It is a sub-group of sociology, which is the
scientific study of social behavior.
Criminology is the integrated, multidisciplinary study of the causes, predictions, and control of
crime and other harmful behaviour constituting a breach of societal norms at a local, national, or
international level. There are many fields of study that are used in the field of criminology, including
biology, statistics, psychology, psychiatry, economics, and anthropology.
Criminology focuses on:
 Frequency of crimes
 Location of crimes
 Causes of crimes
 Types of crimes
 Social and individual consequences of crimes
 Social reactions to crime
 Individual reactions to crime
 Governmental reactions to crime
Scope of Criminology:
Criminology is the scientific study of social crimes, criminals and criminal behavior, crime
regulations and crime prevention methodology. The field of study known as criminology involves the
studying of crime as a phenomenon on an individual as well as at a social level. Approaching from a
socio-scientific point of view, Criminology involves the study of various forms of crime, the reasons
working behind an incidence of crime, and its consequences. In other words, it examines society’s
response to crime and prevention of crime. It is the scientific investigation of crime through analysis of
evidence. Criminology includes the examination of evidence, hereditary and psychological causes of
crime, various modes of investigation and conviction and the efficiencies of differing styles of punishment,
rehabilitation and corrections. Criminology involves studying all these aspects associated with crime in
general.
Criminology is the study of factors of criminality. In other sense, it is evaluating the circumstances
that provoked to do the crime and preventing/regulating future chances to do such crime. Criminology
being an interdisciplinary subject, it derives its theory from the fields of sociology, psychology and law.
Causes of crime and methods of preventing crime are the two most important aspects of the study of
criminology. Other areas of interest in this field of study are - Crime Statistics, Criminal Behavior,
Penology, evaluation of criminal justice agencies, Sociology of Law, Criminal careers and desistance.
A person professionally qualified in the subject of criminology is called a criminologist. The
primary task of criminologists is to determine the reasons why people get into committing illegal activities.
With the increasing numbers of crime and rapid diversification in the nature of it, criminology is gaining
importance in today’s society. So if you are interested in the study of criminology or criminal justice, then
you can become a criminologist. Criminologists often focus on specific types of crimes. Some work with
murders, some with armed robbery, others with vandalism, some with rape, others with serial crimes of
different sorts. They study as many cases as possible, and use the results to formulate theories which
can in turn be useful in preventing crimes in the future. Professional may alternatively specialize in crime
prevention, crime scene investigation, criminal litigation, corrections, rehabilitation, or the privatization of
prisons.
The responsibilities and requirements differ drastically from one job to another. There are
criminology administration jobs that require organization skills, as well as court reporter jobs that require
excellent writing skills and knowledge of the justice system. Criminologists and investigators need certain
specialized skills, such as keen observation and logical thinking skills. All jobs in the field of criminology
require absolute trust in the legal system, as well as integrity in upholding truth and justice.
A criminologist, like a psychologist, must be interested in human nature and behavior. One who is
interested in this career must have creativity, analytical thinking capacity, problem solving ability, public
speaking skill and ability to convince people. A criminologist must be able to express ideas and concepts
clearly, both in writing and verbally. A criminologist may need to address large groups of people and
demonstrate good public speaking skills as well.
Criminologist working in prisons, law firms etc. must be able to read the mind of the person and
counsel them. Strong research and analysis skills are vital as so much of the job involves data collection
and interpretation. Such a professional must be computer literate and proficient in computer and Internet
use, especially research related to criminology. This professional must be dedicated to the profession of
criminology and its goals of improving the criminal rehabilitation system and preventing crime.
Nature of Criminology

Q. Explain the nature and importance of Criminology in detail. (CSS-2016)

Criminology is an exploration of the nature and extent of the problem of crime in society. For
years criminologists have been attempting to unravel criminal behaviour Most of the research in modern
study of criminology in order to understand criminal behaviour, what causes it and how it can be
prevented and punished is conducted by sociologists, however biological and psychological approach to
the causation of crime have been important in the past and continue to do so today.

For example Cesare Lombroso’s theory of the Atavism and William Sheldon’s theory of
Somatotypes in the history of biological perspective of crime, although found deficient but the emphasis
on the collection of data to test hypotheses about criminals became the basis of modern criminology
(John E. Conklin 2004). Biological explanations do not help us understand why crimes rates vary from
one society to another but do explain for some crime for example in case of brain disorder and learning
difficulties. A criminologist studies the possible explanations of crime causation and how it can be
prevented, if not reduced.

Criminology allows for a focused and insightful examination of many of the issues that surround
offending deviant behavour. After some research on criminology one can see that social, cultural, and
economic sources are a major study towards the cause of crime yet biological and psychological
behaviour continue to play a strong part in deep understanding of criminology.

Criminology also involves law, what the relationship is between law and order, what is the role of
law in society? The role that law plays on one society may differ from that which it plays in another
because law in any given society cannot be understood without an understanding of political, social,
religious and economic ideologies that may underpin that society. So it almost becomes imperative that in
order to understand nature of criminology, one must learn about cultural and social values of the society
first. Crime varies from culture to culture and from one time period to another. What was thought to be
normal few years ago in society is considered criminal in legal system today, for example marital rape and
slave trade.

Criminology can be sub categorized into three different disciplines to the causation of crime. The
most common is the classical school which views crime as choice and freewill. The positive school is the
opposite of classical school because positive school views criminal behaviour as mental disorder,
biological effect or social and cultural factor. However the critical school looks into the description of
crime, who defines what crime is and what is criminal (Harrower 1998) From crime prevention to
community safety, from imprisonment to rehabilitation, criminology covers a whole range of issues that
are discussed and argued on daily basis.

Importance of Criminology
Q. Write a critical note on the increasing importance of Criminology in Pakistan. Also discuss
the historical development of criminology as a scientific discipline. (CSS-2017)

The need for study of criminal science (which includes criminology, penology, and
criminal law) essentially emanates out of the psychological apprehension about insecurity of life,
liberty and property of the people. It is the lust for wealth, satisfaction of baser urges, hatred or
suspicion for one another that tends people to follow criminal behaviour and leads them to
commit crime.
The science of criminology therefore, aims at taking up case to case study of different crimes and
suggests measures so as to infuse the feeling of mutual confidence, respect and co-operation among the
offenders.
The criminal law has been adequately modified to adapt itself to the modem reformative policies.
Liberalisation of punishment for affording greater opportunities for rehabilitation of offenders through
intensive after-care programmes has been accepted as the ultimate object of penal justice. Some of the
significant attributes of criminology are noted below:
 The most significant aspect of criminology is its concern for crime and criminals. It presupposes
the study of criminal with basic assumption that no one is born criminal. It treats reformation as
the ultimate object of punishment while individualisation the method of it. Most criminologists and
penologists generally agree that every criminal is corrigible if offered adequate opportunities
through treatment methods.
 As Donald Taft rightly puts it, the study of criminology also offers a background for profession and
an opportunity for social workers. The police, the lawyers, attorneys, judges, jurors, probation
officers, detectives and other specialists such as psychologists, psychiatrists and sociologists,
etc., need perfect knowledge of criminology and administrative machinery for criminal justice
system for their professional pursuits.
 Criminology also seeks to create conditions conducive to social solidarity inasmuch as it tries to
point out what behaviours are obnoxious and anti-social. It tries to convince the offenders through
punitive sanction that anti-social conduct on their part is bound to entail them punishment, misery,
misfortune and disrepute in society.
 It is further to be noted that with the advance of scientific knowledge and technology the
complexities of life have also considerably multiplied. This has led to an enormous increase in
crime rate and many new crimes which were hitherto altogether unknown have emerged. Thus,
thefts of automobiles, shop-lifting, smuggling, cheating, financial scams, bank robberies,
scandals, terrorist activities etc., have become too common these days.
Again, white collar crimes have attracted the attention of criminologists in recent years. This in
turn, has led criminal law administrators to devise new methods and techniques to tackle these problems
through intensive scientific researches. The modern computer related crimes have thrown new challenges
before criminal law administrators throughout the world.
 Besides internet gambling, on-line pornography, the menace of drug-trafficking through computer-
shopping and illegal downloading of money in transit is some of the cyber-crimes which are coming to
light in recent years. Thus, modem criminologists keep themselves acquainted with the new criminological
developments and work out strategies to tackle these intricate problems for the protection of society.
Historical Development of Criminology
Criminology is the study of crime and criminals, including the causes, prevention, correction, and
impact of crime on society. Since it emerged in the late 1800s as part of a movement for prison reform,
criminology has evolved into a multidisciplinary effort to identify the root causes of crime and develop
effective methods for preventing it, punishing its perpetrators, and mitigating its effect on victims.

Criminology is the scientific procedure to studying both social and individual criminal actions. It is
divided up into several separate disciplines including psychology, economics, political science, natural
science, biology and the evolution and development of people. While other investigative professionals are
in charge of who committed a crime and how, criminologists are responsible for answering why someone
would be led to breaking the law or causing a crime. The field of study has a long, rich history and has
changed a lot.

Criminology truly began in Europe between the late 1700’s and the early 1800’s. Classical school
of criminology founders were theorists on crime and punishment development. These people include
writers Cesare Beccaria and Jeremy Bentham. Although torture was taking place all over the continent,
especially for confessions and testimonies, classical school believed torture to be wrong. According to
the classic school of thought, crimes are committed through free will. People know what they are doing
and should be punished. Those consequences should be strong enough to deter other people from the
crime and should be harsher than the criminal gain. They did explain that the criminal justice system
drastically needed to be modernized and improved. At that time, criminal justice included
painful torture such as stretching, crushing and stabbing of the accused bodies. The classical school
aimed to improve the system partly by limiting or eliminating the torture. It marked the beginning of great
progress for the criminal justice system.

The Neo-classical school of thought followed the classic school and brought with it a few
revisions. For one, this way of thinking suggests that people can be led by behavior, which can be
irrational. It also suggests the world is imperfect and therefore there will always be mistakes. Self-defense
is included in the neo-classical school of thought too. Famous neo-classical criminologists include
Raymond Saleilles, author of The Individualization of Punishment and his teacher Gabriel Tarde.

Determinism is the belief that all actions are pre-established in time and that free will is only an
illusion. It, along with the requirement of scientific evidence for criminal conviction, falls under
the positivist school of thought. Positivists believe that all people are different, both intellectually and
physically. Punishment within the positivist school of thought would not be determined by crime, rather by
person. Also, correction, treatment and rehabilitation are theoretically possible within all criminals and
those that cannot be fixed should be killed. Lombroso is credited with being the father of criminology and
a positivist.

In the 1920s, Robert E. Park and Ernest Burgess presented their Chicago school of
thought through the University of Chicago. The study related criminology to sociology and provided
research on concentric zones, or zones in transition where people tend to be more criminally active than
others. Through the addition of Henry McKay and Clifford Shaw’s research specifically on juvenile
delinquents, a new social ecology study was developed. The Chicago school of thought determined that
crimes tend to be taught by older criminals whom people may be associated with either personally or
professionally.

Contemporary criminology includes a similar hedonistic theory that people can deter emotions
and actions according to incentive manipulation. Thus, criminology today includes categorizing
criminal’s motives whether they are instrumental or expressive. Instrumental motivation means the person
has more incentive, outside the act itself, for committing a crime. There is a tangible benefit. For example,
contract killers have the added incentive of money. Gang members may commit crimes for the initiation
incentive. When there are obvious signs of instrumental motivation, there are generally harsher
punishments for crimes as there is proof behind premeditation. Expressive motivation is different than
instrumental as it includes acts done out of emotion.

The crime itself is the desired result. Common feelings for expressive motivation crimes include
anger or rage, fear, jealousy and passion. They are frequently committed in the heat of the moment as a
means of overpowering the source of the criminal’s frustration. In these instances, fifty-seven percent of
the crimes occur to acquaintances which include friends and relationships outside of marriage. Also, fifty
three percent of the homicides are blamed on arguments.

Criminology combines social action data with criminal activity to understand motive and
determine appropriate consequences. As such, criminology is necessary for the proper development and
execution of criminal justice systems. From the case development to long after the verdict, criminologists
are responsible for understanding why criminals do what they do. Through this information people will be
safer, better understood and justly punished for crimes. The ultimate motive behind criminology though, is
the prevention of crime.

CRIMINAL LAW (CSS-2016)

Criminal law is a complex system of laws and rules that define criminal acts, set punishments,
and outline the rules guiding the process from investigation and arrest to sentencing and parole. Criminal
law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of
suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

Criminal law is only one of the devices by which organized societies protect the security of
individual interests and ensure the survival of the group. There are, in addition, the standards of conduct
instilled by family, school, and religion; the rules of the office and factory; the regulations of civil life
enforced by ordinary police powers; and the sanctions available through tort actions. The distinction
between criminal law and tort law is difficult to draw with real precision, but in general one may say that a
tort is a private injury whereas a crime is conceived as an offense against the public, although the actual
victim may be an individual.

Types of Criminal Laws

There are two types of criminal laws: misdemeanors and felonies. A misdemeanor is an offense
that is considered a lower level criminal offense, such as minor assaults, traffic offenses, or petty thefts.
Moreover, in most states, the penalty for the misdemeanor crime is typically one year or less.

In contrast, felony crimes involve more serious offenses. Some examples of felonies include murder,
manslaughter, dealing drugs, rape, robbery, and arson.

Principles of criminal law

 The traditional approach to criminal law has been that a crime is an act that is morally wrong. The
purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his
moral guilt; punishment was to be meted out in proportion to the guilt of the accused. In modern times
more rationalistic and pragmatic views have predominated.

Writers of the Enlightenment such as Cesare Beccaria in Italy, Montesquieu and Voltaire in
France, Jeremy Bentham in Britain, and P.J.A. von Feuerbach in Germany considered the main purpose
of criminal law to be the prevention of crime. With the development of the social sciences, there arose
new concepts, such as those of the protection of the public and the reform of the offender. Such a
purpose can be seen in the German criminal code of 1998, which admonished the courts that the “effects
which the punishment will be expected to have on the perpetrator’s future life in society shall be
considered.”

Aims of Criminal Law

Most widely accepted aims of the criminal law include:

 The enforcement of criminal law should reflect the society’s disapprobation for criminal activity
through apprehending, convicting and punishing the offenders.
 Deterring criminals from indulging in criminal activities and at the same advising the other people
as to how to avoid falling a victim to a crime.
 Criminal law should be beneficially used to rehabilitate the offenders and incapacitating those
who might otherwise prove to be a potential danger to the society.
 Ensuring safety and security of people through maintenance of law and order.
 Helping the victims to get adequate compensation from the offender wherever possible.
 Efficient and fair application of law ensuring proper treatment of suspects, defendants, those who
are held in custody and witnesses. Also ensuring that the innocents are acquitted without
harassment and guilty is duly punished.
 Ensuring that criminal justice system is accountable to the society.

Criminal Law of Pakistan

Criminal Law is an extreme field of practice covering all those aspects that entail crime as its
factor. Every act or omission that violates a command derives its force from legislature or from authority -
either political or religious - that has absolute sway over the matters of state is considered to be a crime.
This is the reason that state stands as a prosecutor against the alleged culprit.

Pakistan has a very detailed criminal law that is though outdated to some extent but it tends to
cover all aspects that do constitute a crime. To understand the criminal law in Pakistan one needs to
understand the socio cultural phenomena of this country also. Most of the criminal law that has been
prevailing in Pakistan was introduced by the British Empire when India was a colony and Pakistan was
part of it. Even then a care was taken to understand the social conditions and criminal law was tried to be
conditioned according to the cultural circumstances of the colony. This is the reason that it was willfully
accepted by India and Pakistan both after their freedom from British Empire. Code of Criminal Procedure
(V of 1898) that was implemented in colony is still largely the prescribed criminal procedure followed by
the courts in Pakistan. Similarly the Penal Code (XLV of 1860) that was introduced in colony is still largely
followed in shape of Pakistan Penal Code.

In Pakistan the major statutes relating to criminal law are the Pakistan Penal Code 1860 and the
Criminal Procedure Code, 1898. Out of these two the former deals in defining all the offences and
mentioning their punishments along, the former is specifically a code of procedure. The criminal
procedure code is essentially a procedural law, which provides machinery for the punishment of offenders
against the substantive criminal law example the Pakistan Penal Code. In fact the two codes are to be
read together. Apart from these two statutes, which specifically deal in the criminal branch of law, there
are certain other general laws which attract criminal liability like, Negotiable Instruments Act which attracts
criminal liability in case of dishonoring cheque, although new provision of section 489-F has also been
added in Pakistan Penal Code, regarding dishonestly issuing a cheque. Information Technology Law is
also going to be drafted very soon which will deal with the wrongs relating to the Computer and
Information Technology etc. The firm possessing an expertise in this branch has, through its most
experienced and efficient attorney’s has successfully handled a pile of such cases involving penal
prosecution. The experience of the lawyers at work in this arena has provided us a distinct position from
the rest.

The Criminal Procedure Code prescribes the Constitution of the Criminal Courts and offices and
speaks of the powers of the courts. It contains various general provisions pertaining to the information to
the Magistrates and Police and gives the procedure of arrest, escape and relating to the process to
compel appearance through summons, warrant of arrest, proclamation and attachment and other rules
regarding processes. It also prescribed the processes to compel the production of documents and other
movable property and for the discovery of persons wrongfully confined through summons to produce and
search warrants. The Criminal Procedure also helps for prevention of offences through security for
keeping the peace and good behavior and to prevent the unlawful assemblies, public nuisances or
apprehended danger, disputes as to immoveable property, preventive action of the police and their
powers to investigate. The Cr.P.C also deals with the proceedings in prosecution and gives the
jurisdiction to Criminal Courts according to place of inquiry or trial, complaints to the Magistrates,
commencements of proceedings before Magistrates and inquiry into cases triable by the Courts of
Sessions or High Courts. It also prescribes nature and form of charges and joinders of charges and gives
the procedure of trial by Magistrates including summary trial and trial before High Court and Court of
Sessions and gives the mode of taking recording evidence in inquiries and trial and finally judgment.

The Criminal Procedure Code further defines the steps of submission of sentences for
confirmation, execution, suspensions, remissions and computations of sentences, previous acquittals and
convictions. This also dictates the steps of Appeals, References and Revisions. It further has special
provisions relating to cases in which European and Pakistan British subjects are concerned and lunatics.
It also defines the strategy of proceedings in case of certain offences affecting the administration of
justice, of the maintenance of wives and children. It also ordains the actions regarding directions of the
nature of a Habeas Corpus and have the supplementary provisions regarding public prosecutor, bail,
commissions for the examination of witness, special rules or evidence. Provisions as to bonds, of the
disposal of property, transfer of criminal cases and supplementary provisions relating to European and
Pakistan British subjects and others. It also specifies the conduct of irregular proceedings and
miscellaneous matters.

Pakistan Penal Code, 1860 specifies the extent of punishments against different crimes and
offences committed within Pakistan and beyond Pakistan but which by law may be tried within Pakistan
and extra territorial offences. The PPC further assigns the policy of general exceptions, right of private
defense, abetment, and criminal conspiracy. It further requires the actions against offences against the
state, relating to the Army, Navy and Air Force and against public tranquility.

It also dictates the policy against offences by or relating to public servant, offences relating to
offences and contempt of the lawful authority of public servants. It further stipulates the system against
the false evidence and offences against public justice and relating to coins and Government Stamps and
pertaining to weights and measures. The PPC also assigns the policy relating to offences affecting the
public health, safety, convenience, decency and morals. It also assigns a scheme regarding offences
relating to religion, affecting the human body, wrongful restraint and wrongful confinement, of rape and of
unnatural offences. This also ordains the steps against offences against property through theft, extortion,
robbery and dacoity, hijacking, criminal misappropriation of property, criminal breach of trust, receiving of
stolen property, of cheating, fraudulent deeds and disposition of property, mischief and criminal trespass.
 The PPC also defines the punishment against offences relating to documents and to Trade or
Property marks through forgery or false documents, counterfeiting currency and bank notes and criminal
breach of contracts of service. It also dictates the punishment against offences relating to marriage,
defamation, criminal intimidation, insult and annoyance and the attempts to commit offences.

DEVIANCE
Deviance is any behavior that violates social norms, and is usually of sufficient severity to warrant
disapproval from the majority of society. Deviance can be criminal or non‐criminal. People who engage in
deviant behavior are referred to as deviants. The concept of deviance is complex because norms vary
considerably across groups, times, and places. In other words, what one group may consider acceptable,
another may consider deviant.
Deviance is defined by its social context. To understand why some acts are deviant and some are
not, it is necessary to understand what the context is, what the existing rules are, and how these rules
came to be established. If the rules change, what counts as deviant also changes. As rules and norms
vary across cultures and time, it makes sense that notions of deviance also change.
Although deviance is normal in this regard, it remains true that some people are more likely than
others to commit it. It is also true that some locations within a given society have higher rates of deviance
than other locations; for example, U.S. cities have higher rates of violent crime than do rural areas. Still,
Durkheim’s monastery example raises an important point about the relativity of deviance: whether a
behavior is considered deviant depends on the circumstances in which the behavior occurs and not on
the behavior itself. Although talking might be considered deviant in a monastery, it would certainly be
considered very normal elsewhere. If an assailant, say a young male, murders someone, he faces arrest,
prosecution, and, in many states, possible execution. Yet if a soldier kills someone in wartime, he may be
considered a hero. Killing occurs in either situation, but the context and reasons for the killing determine
whether the killer is punished or given a medal.
Whether a behavior is considered deviant depends on the circumstances under which it occurs.
Considerations of certain behaviors as deviant also vary from one society to another and from one era to
another within a given society.
Norms can be explicit (in the form of rules and laws) or implicit (through beliefs, shared meanings
and understandings of how things are). Social order is maintained when individuals conform to these
shared norms. Deviancy occurs when people step outside these rules or norms.

Chapter No. 3
CRIME AND CRIMINALS
Q. No. 3. Define the term Crime and Criminals. Explain the types of Criminals in detail. (CSS-2016)
 TYPES OF CRIMINAL
Classifications of Criminals
Criminal is a person one who has committed a crime. There are three classifications of criminals
1. Habitual Criminal
2. Occasional Criminals
3. Professional Criminals
1. HABITUAL CRIMINAL
Habitual criminal or offender is person who has been have been convicted of a crime several
times. The term “habitual offender” may imply that the person has been convicted of the same crime
many times, but it may also refer to a person who has many convictions for different crimes on their
record.
Habitual offender, person who frequently has been convicted of criminal behavior and is
presumed to be a danger to society. In an attempt to protect society from such criminals, penal systems
throughout the world provide for lengthier terms of imprisonment for them than for first-time offenders.
The nature, scope and type of habitual offender statutes vary, but generally they apply when a
person has been convicted twice for various crimes. Some codes may differentiate between classes of
crimes (for example, some codes only deal with violent crime) and the length of time between convictions.
Usually the sentence is greatly enhanced, in some circumstances it may be substantially more than the
maximum sentence for the crime.
The idea of habitual-offender legislation reflects the basic assumption of positivist criminology that
crime is similar to disease and should be treated by comparably flexible measures. According to this view,
a person with persistent tendencies to commit crimes should be quarantined from society as would
someone with a seriously infectious disease. During the first half of the 20th century, advocates of
habitual-offender legislation appealed to then-popular biological theories of crime to argue that if a person
committed several major crimes, it was reasonable to assume that he was criminal by nature and needed
to be imprisoned indefinitely.
Section 75 of the Pakistan Penal Code deals with Habitual Offenders. The provisions are
activated upon a second conviction for a crime with a minimum sentence of three years imprisonment.
The Guidelines for sentencing given to criminal court indicate that the discretion lies with the judge, and
an enhanced sentence is not mandatory, and should usually not be given in less serious criminal cases
(such as petty theft) or where the convictions are old. The judge is expected to adopt an individualized
view and tailor both the decision of awarding an enhanced sentence and the length of it to the case at
hand. For this the transcripts of the previous trials can be used.
Examples of Habitual offences
 DUI (driving under the influence of intoxicants);
 Driving with a suspended or revoked license;
 Reckless driving; or
 Homicide (including murder, manslaughter, negligent homicide, or vehicular homicide).
2. THE OCCASIONAL CRIMINAL
Occasional criminals are not persons belonging to a crime career. It means they are not
professional but they commit crime due to drift in the middle conventional and criminal behavior. They
only perform the act if the opportunity occurs in his/her routine of daily life. Ex. someone is walking by a
car & it happens to be unlocked & the person notices they might take their car stereo.
The occasional criminal only performs the act if the opportunity occurs in his/her routine of daily
life. For example someone is walking by a car & it happens to be unlocked & the person notices they
might take their car stereo, etc.
 Most crime committed by amateurs whose acts are unskilled, and unplanned
 Occasional crime occurs when there is a situational inducement
 Frequency of occasional crime varies according to age, class, race, and gender
 Occasional criminals have little group support for the crimes
There is a class of occasional criminals, who do not exhibit, or who exhibit in slighter degrees, the
anatomical, physiological, and psychological characteristics which constitute the type described by
Lombroso as “the criminal man.”
There are occasional criminals who commit the offences characteristic of habitual criminality,
such as homicides, robberies, rapes, etc., so there are born criminals who sometimes commit crimes out
of their ordinary course.
Occasional criminals, who without any inborn and active tendency to crime lapse into crime at an
early age through the temptation of their personal condition, and of their physical and social environment,
and who do not lapse into it, or do not relapse, if these temptations disappear.
Thus they commit those crimes and offences which do not indicate natural criminality, or else
crimes and offences against person or property, but under personal and social conditions altogether
different from those in which they are committed by born and habitual criminals.
There is no doubt that, even with the occasional criminal, some of the causes which lead him into
crime belong to the anthropological class; for external causes would not suffice without individual
predispositions. For instance, during a scarcity or a hard winter, not all of those who experience privation
have recourse to theft, but some prefer to endure want, however undeserved, without ceasing to be
honest, whilst others are at the utmost driven to beg their food; and amongst those who yield to the
suggestion of crime, some stop short at simple theft, whilst others go as far as robbery with violence. Of
millions of property and theft related crimes are done by occasional criminals.
3. PROFESSIONAL CRIMINAL
Professional Criminal is a person who pursues crime as a day-to-day occupation, developing
skilled techniques and enjoying a certain degree of status among other criminals. The concept of a
professional criminal developed primarily in the United States during the latter half of the 20th century. It
proposed the existence of a population of habitual offenders whose approach to offending included a
degree of organization, repeated offending, and specialism into certain forms of offending.
Characteristics of professional crime and criminals
Sutherland has given the following six characteristics of professional crime:
1. Regularity, i.e., continuity in work as crime.
2. Technical skill, i.e., use of complex techniques for committing crime which have been used in
crime over a long period of time.
3. Status, i.e., enjoying a position of high prestige in the world of crime.
4. Consensus, i.e., sharing of common values, beliefs, and attitudes with other criminals.
5. Organisation, i.e., pursuing activities through an informal information and assistance system.
 6. Differential association, i.e., association with other professional criminals to the exclusion of
ordinary criminals as well as law-abiding persons.
Caldwell has given the following characteristics of a professional criminal:
1. Crime is his main source of livelihood: He devotes his full working time and energy to it and
constantly attempts to improve his skills. He tries to specialise in one or two crimes. He normally
obeys the law, except when it interferes with his crime.
2. Crime is his way of life: The professional criminal develops a philosophy of his own and organizes
his life and activities around new values, attitudes, and beliefs.
3. He operates with proficiency and carefully plans his activities: He takes calculated risks and
dislikes those who bungle and fail.
4. He is a product of a process of development: He acquires his specialized knowledge, attitudes,
and skills gradually. Usually, he acquires skills under instruction from and guidance of somebody
who has already achieved proficiency and status in his criminal specialty. However, no formal
process of recruitment and training is involved in the development.
5. He identifies himself with the world of crime and criminals.

TYPES OF CRIMES
Crime has various forms and types but here we discuss three major types of crime which include
1. Organized Crime
2. White Collar Crime
3. Corporate Crime
ORGANIZED CRIME
Organized crime is a group of individuals, local, national or international, that engage in criminal
enterprises for profit. The rationale behind why they are formed varies because they may be politically
motivated, financially motivated or an organized criminal 'gang.' We will look at the makeup of these
organizations in this lesson. Any group having a corporate structure whose primary objective is to obtain
money through illegal activities, often surviving on fear and corruption.
Types of organized crime
Organised crime has three major types:
1. Gang criminality,
2. Racketeering,
3. Syndicated crime.
The first has simple characteristics while the last one has a fully developed form because of
which it is considered to be most dangerous to society.
1. Gang Criminality
This type of criminality includes kidnapping, extortion, robbery, vehicle theft, etc. on a large scale.
Gangs are composed of tough and hardened criminals who do not hesitate to kill, assault, or use
violence. They are equipped with modern pistols, bullet-proof vests, cars, etc. The gang criminals are
efficient, disciplined but dangerous.
Barnes and Teeters (1951: 36) have said: “they live violently and expect violence.” Their activities
are spread over a large geographical area, moving from place to place but reuniting at prearranged
hideouts. They are registered as hardened and habitual criminals in police records. These criminals are
recruited from among ex-convicts, escaped murderers, professional gangsters, and high-powered
robbers.
These notorious gangs operating in different parts of our country, and, are engaged in robberies,
kidnapping small children and wealthy individuals for obtaining ransoms, murder, extortion, and
smuggling. There exist inter-rivalries among most of these gangs. Some of the gangs are also affiliated to
the syndicates, operating on a very large scale.
Some gangs organise activities and furnish brains to individuals and groups engaged in anti-
social activities, taking a cut of the loot or a fixed amount of money for the help rendered. The gangs float
a score of satellites including restaurants, gambling dens, underworld messengers, women and children,
and hangers-on. In December 2012, a boy was arrested at Lahore railway station in travelling by train and
carrying Rs. 45,000 in cash in his especially stitched vest-pockets. He revealed working for a gang.
From time to time, these gangs are hunted down by the police and destroyed, though most often
the gangs operate with the active co-operation of the police. Occasionally, the law enforcement officers
arrest some members and even kill some others, claiming the liquidation of an underworld empire.
2. Racketeering
Racketeering, often associated with organized crime, is the act of getting involved in a dishonest
and fraudulent business dealing or offering a service to solve a problem that wouldn't otherwise exist. The
law defines 35 different offenses that constitute racketeering, and the list includes gambling, kidnap,
murder, arson, drug dealing and bribery. Law provisions a racketeering convict to serve up to 20 years in
prison, in addition to a fine.
Racketeering also refers to a criminal offense in which someone commits an illegal activity in
order to advance the role of an organization, or on behalf of an illegal enterprise. Many different types of
crimes can fall under racketeering, as long as the defendant committed them with the intent to advance
someone’s role or to aid a criminal organization.
Racketeering works on a similar theme, and involves malpractices of offering a deceitful service
to fix a problem that otherwise won’t exist. Derived from the word racket - which refers to a planned or
organized criminal act that may involve more than one person acting in a group and is a repeated or
ongoing criminal activity - racketeering involves criminal act as a form of business or a means to make
illicit gains quickly, regularly, and repeatedly.
A racket is an organized unlawful act to earn money illegally. In most cases, racketeering refers
to repeated or continuous criminal enterprises, in which one or more persons commit criminal acts as a
form of business. For example, a racket could be a service someone fraudulently offers to solve a non-
existent problem, or a problem that wouldn’t exist were it not for the racket. “Racketeering” refers to the
act of conducting a racket. Racketeering doesn’t always have to mean organized crime or fraud. It can
describe many different criminal activities, whereby racketeers use the income they derive through the
activities to help a criminal enterprise.
There are hundreds of other crimes that could qualify as racketeering activity depending on the
circumstances.
Racketeering is an activity of an organised criminal gang engaged in extortion of money from
both legitimate and illegitimate business through intimidation of force. It also involves dishonest way of
getting money by deceiving or cheating people, selling worthless goods and articles, adulterated
commodities, spurious drugs and so forth. The racketeers, unlike organised criminal gangs do not take
away all the profits but allow the owners of the illegitimate business to continue their operations like
prostitution, gambling, liquor trafficking, drug peddling, etc., but give them (racketeers) regular fixed
money.
Sometimes, businessmen engaged in fierce competition in legitimate business, employers and
labour unions involved in conflicts, landlords unable to get their houses/shops vacated from tenants, and
politicians trying to eliminate their rivals hire the services of gangsters and seek their ‘help’ by paying
them their ‘fees’. In some cases, these racketeers refuse to leave and continue to extort ‘fees’ from their
former ‘employers’.
A favourite approach of these racketeers is to approach a businessman, suggesting that he
needed protection and that it could be furnished at a stipulated monthly fee. The businessman, even if he
does not need protection, is forced to accept racketeers’ ‘suggestion’. Once he starts paying the ‘fee’, he
continues to pay till the racketeer functions.
The racketeers thus do nothing but live on the blood and labour of others, collecting tribute by
intimidation, force and terrorism. Assault and destruction of property often accompany the organisation of
the racket.
The racketeering gang is divided in two groups-the ‘brains’ and the ‘muscles’. The former do the
thinking, issue orders, solicit new business and arrange for protection. The latter do the beating,
destroying, plundering and even killing, i.e., all what is called the ‘rough stuff. It has stated that sometimes
the ‘brains’ also do the jobs of the ‘muscles’ to maintain their leadership, enforce their authority,
demonstrate proper techniques, to preserve their reputation.
3. Syndicate Crime
A syndicate is a self-organizing group of individuals, companies, corporations or entities formed
to transact some specific business, to pursue or promote a shared interest. Crime syndicates are formed
to coordinate, promote, and engage in organized crime, running common illegal businesses on a large,
national, or international scale. The subunit of the syndicate is a crime family or clan, organized by blood
relationships, as seen in the Italian Mafia and the Italian American Mafia crime families, Sicilian Mafia,
Yakuza and ISIS etc.
This is furnishing illegal goods and services by an organised criminal gang, often called ‘mafia’.
The illegal goods could be drugs, liquor, etc. while the illegal services could be call-girls, gambling and so
forth. The syndicates create their own ‘business’ procedures, usually operating from established
headquarters.
They avoid using violence which differentiates them from organised criminal gangs, who
frequently use violence or threat of violence. Society knows the members of these syndicates as
respectable citizens living in posh residential areas, freely associating with high-status persons and
engaged in lawful earning pursuits. They syndicates generally operate in big metropolitan areas which
happen to be big centres of communication, transportation and distribution of goods.
The leaders of big crime syndicates periodically gather at fixed places to discuss problems of
mutual interest and concern. While the scope and effect of the criminal operations of syndicates vary from
one area to another, the wealthiest and most influential groups operate. Each syndicate has a boss and
an underboss. The underboss collects information and relays messages to the boss and passes
instructions down to underlings. In some cases, there is no underboss but the boss has an advisor or a
counselor.
Below the level of the underboss are criminals who act as ‘intermediaries’ between the upper and
the lower level personnel. Some of these intermediaries act as chiefs of operating units. The lowest level
members are ordinary criminals who report to the ‘intermediaries’. Outside the structure of the syndicate
are a large number of employees and agents who do most of the actual work in various criminal
enterprises.
WHITE COLLAR CRIMES
White-collar crime refers to financially motivated non-violent crime committed by business and
government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939
as “a crime committed by a person of respectability and high social status in the course of his
occupation”.
The Types of White Collar Crimes
Far and away the most common type of white collar crime, fraud involves the intentional
misrepresentation or omission of a material fact. That misrepresentation must be reasonably relied on,
and someone must suffer a monetary loss as a result. The most prevalent types of fraud that is
associated with the white collar crime include:
 Computer fraud: Stealing bank, credit card or proprietary information from a computer.
 Bankruptcy fraud: Concealing assets, misleading creditors or illegally pressuring debtors.
 Health care fraud: Accepting kickbacks or billing for services not performed, unnecessary
equipment and/or services performed by a less qualified person; applies to all areas of health
care, including hospitals, home health care, ambulance services, doctors, chiropractors,
psychiatric hospitals, laboratories, pharmacies and nursing homes.
 Telemarketing fraud: Using the telephone as the primary means of communicating with potential
victims.
 Credit card fraud: Using someone’s credit card information to make unauthorized purchases.
 Insurance fraud: Falsifying, inflating or “padding” claims.
 Mail fraud: Using the mail to commit a crime.
 Government fraud: Engaging in fraudulent activities in relation to public housing, agricultural
programs, defense procurement, educational programs or other government activities, including
bribery in contracts, collusion among contractors, false or double billing, false certification of the
quality of parts and substitution of bogus parts.
 Financial fraud: Engaging in fraudulent activities relating to commercial loans, check forgery,
counterfeit negotiable instruments, and mortgage fraud, check-kiting and false applications.
 Securities fraud: Manipulating the market and stealing from securities accounts.
 Counterfeiting: Printing counterfeit money or manufacturing counterfeit designer apparel or
accessories.
 Embezzlement or Misappropriation of Property: Theft of money, goods or services by an
employee
 Blackmail: Demanding money in exchange for not causing physical harm, damaging property,
accusing someone of a crime or exposing secrets.
 Anti-trust violations: Fixing prices and building monopolies.
 Environmental law violations: Discharging a toxic substance into the air, water or soil that
harms people, property or the environment, including air pollution, water pollution and illegal
dumping.
 Tax evasion: Filing false tax returns or not filing tax returns at all.
 Kickbacks: Compensating an individual or company in order to influence and gain profit.
Kickbacks result in an unearned advantage, benefit or opportunity, even if others are more
qualified or offer better prices. Kickbacks hurt business by interfering with competition in the
marketplace.
  Insider trading: Trading stock or other securities with knowledge of confidential information
about important events that is unavailable to the general public.
 Bribery: Offering money, goods, services or information with the intent to influence the actions or
decisions of the recipient.
 Money laundering: Concealing income raised through illegal activity in order to evade detection.
Illicit proceeds are laundered to appear as though the funds were generated through legitimate
means.
 Public corruption: Breaching the public trust and/or abusing a government position, usually in
connection with private-sector accomplices. A government official violates the law when he or she
asks for or agrees to receive something of value in return for being influenced in the performance
of official duties.
White Collar Crime: a great threat to the economy
White-collar crimes are crimes that committed by people of high social status who commit their
crimes in the context of their occupation. This includes embezzling (stealing money from one’s employer),
insider trading, and tax evasion and other violations of income tax laws. White-collar crimes generally
generate less concern in the public mind than other types of crime, however in terms of total dollars,
white-collar crimes are even more consequential for society. Nonetheless, these crimes are generally the
least investigated and least prosecuted. Panama Leaks is one of the main example of white collar crime.
White Collar occurs when the four components are present Money, Trust, Greed and Opportunity.
Some falsely believe that White Collar-Crime is a victimless crime. In fact, white collar-crime is
synonymous with the full range of frauds committed by business and government professionals. These
crimes are characterized by deceit, concealment, or violation of trust. The white collar-crimes are not
dependent on the application or threat of physical force or violence. The motivation behind these crimes is
always financial to obtain or avoid losing money, property, or services or to secure a personal or business
advantage.
The ambiguity arises when we are told that these crimes does not pose physical threat or
violence against person or property. But, a single scam can destroy a company, devastate families by
wiping out their life savings, or cost investors billions of rupees or even all three. Now-a-days fraud
schemes are turning more sophisticated than ever, and law enforcement agencies across the world are
using their skills to track down the culprits and stop scams before they start.
Unfortunately, we are still clueless in this regard. We have a tendency to react, rather adopting
proactive approach to fight criminal activity. We are training our officers how to solute and carry guns. We
are not inclined to recruit professionals across different fields including, software engineers, fraud
investigators, forensic science technicians, computer forensic investigators, blood spatter analyst, etc.
Besides, there is a need to enhance the capacity of micro-level law enforcement officers as they play a
crucial role in the investigation of any case.
The white collar-crime work integrates the analysis of intelligence with its investigations of
criminal activities such as public corruption, money laundering, corporate fraud, securities and
commodities fraud, financial institutions fraud, bank fraud and embezzlement, fraud against the
government, election law violations and mass marketing fraud etc. There is a need to focus on complex
investigations often with a nexus of organized crime activities that are international, national, or regional in
scope. The law enforcement agencies have to acquire unique expertise or capabilities that increase the
likelihood of successful investigations. The investigators have to work closely with partner law
enforcement and regulatory agencies such as the Security and Exchange Commission, the FBR, Health
Ministry, Customs, Provincial Excise and Anti-Narcotics for targeting sophisticated, multi-layered fraud
cases that harm the economy.
Recommendations to Control White Collar Crime
Fighting white-collar crime is one of the main problems of modern society. This struggle must be
carried out in all possible ways. Since the damage from such crimes is huge, the end justifies any means.
Every institution, private or public should have in place anti-fraud mechanisms that are
operational, effective and efficient to combat economic crime. Internal controls must be strengthened and
all loopholes plugged to prevent fraudulent deals from manifesting.
 Internal auditors must be trained and motivated to perform their duties without fear or favour. The
training they receive should make them capable, effective and efficient auditors.
 External auditors must also be well paid so that they will not take bribes and cover up economic
crimes they discover during audit operations.
 The judiciary must be made truly independent, sufficiently motivated with good salaries and better
working conditions so that they are not easily influenced when performing their legitimate duties.
 A severe penalty should be meted out to those found guilty of white collar crime so as to deter
others.
 Ensuring political and economic stability in the society
 Creating legal framework necessary for effective fight against economic crimes
 Improving the system of government agencies dealing with economic crimes
 Increasing control of the public authorities for the activities of enterprises, which commit most
economic crimes, including the activities of their officers and materially responsible person.
 Strengthening preventive, precautionary actions of authorities fighting with economic crimes (in
particular, explore conditions that contributed to the commission of crimes and take measures to
prevent further similar crimes).
 There is the need for a moral crusade in the country to instill important work values such as
diligence, hard work, integrity and honesty, self-discipline, a high sense of responsibility and a
commitment to excellence.
 The media has an important role to play in our national moral recovery efforts. Just as the media
has been giving wide publicity to street crimes, it must do so with white collar crime. They must
report white collar crimes irrespective of who is involved.
 Workers who exhibit a lifestyle of honesty and integrity must be motivated so as to encourage
others to follow suit. There is also the need to maintain confidentiality for the whistle blower apart
from motivating him/her.
 There is also the need for us to collaborate with the international community to effectively combat
cross-border crimes that include economic crimes.
In conclusion, white collar crime is as detrimental to the economic well-being of a nation as is
street crime and therefore requires stringent measures to uproot it. Stamping out white collar crime must
be the concern of all.
CORPORATE CRIME
Corporate crime means crimes committed either by a business entity or corporation, or by
individuals that may be identified with a corporation or other business entity. A corporate crime is the act
of its personnel and need not be authorized or ratified by its officials. It is sufficient if the officials were
exercising customary powers on behalf of the corporation. Thus, to a substantial degree, the crime of the
corporation is interwoven with the acts of its officials. Such criminal acts are reflective of the character of
the persons who manage the corporation. Consequently, it would seem reasonable to utilize a corporate
crime to impeach a corporate official's credibility if the official is connected to the crime.
 Hundreds of companies routinely commit crimes that injure the public much more than street
crimes in many ways: economically, socially, physically and environmentally. Yet corporate crimes are
generally dealt with by civil and administrative law, with penalties such as fines but not prison. In
environmental law, e.g., many industries control themselves. The law is applied differently for different
people.
White collar crimes are committed by individuals for themselves in the course of their occupations
for personal gain. It is committed without the knowledge. The most common white collar crime is when an
employee steals from the employer or who cheats customers and pockets the difference.
Corporate crimes are offenses committed by corporate officials for their corporation and the
offenses of the corporation themselves for corporate gain. Typically a corporate criminal bribes a
government, dumps toxic industrial waste into rivers. Corporate crimes are often called quiet acts
because people not only don’t know whom to blame but may not even know that they have been
victimized. There are data collection problems also.
Types of corporate crimes:
1. Corporate Violence
 Violence against workers: 6 million workers injured on the job in the US and 10,000
people die in the workplace from injuries and 10,000 from long term effects of
occupational diseases. Corporate executives are responsible for the vast majority of
deaths because they have violated occupational health and safety standards or have
chosen not to create adequate standards. So, workers are safer on the streets than on
their job. For every person murdered by a stranger on the street, two are murdered by
their employees.
 Violence against consumers: thousands of unsafe products injure or kill consumers
every year. 100,000 people are permanently disabled each year and 30,000 die.
 Another important factor to take into account is dumping of products in the third world.
 Corporate pollution: The general public also experiences violence in the form of
pollution and other green crimes. There are many different green crimes but they are all
committed for the sake of profit and they all harm the environment.
2. Economic Corporate Crimes
 Price fixing: tacit price fixing occurs when a limited number of controlling companies in a
particular market follow the lead of their competitors in price increases. Overt price fixing
involves secret meetings and subtle communications between competitors in given
industries. Most common forms:
a. Setting prices at predetermined, similar levels,
b. Dividing the market into regions, with each firm agreeing to stay out of the other’s
territory,
c. Agreeing to take turns submitting winning competitive bids for contracts, often from
government agencies.
3. False advertising: when companies use false advertisements to entice consumers to buy products or
services that offer few, if any, of the publicized benefits. Two forms:
a. Blatantly false and
b. Puffery, which is a legal, more subtle form of false advertising that typically involves making
exaggerated claims for a product or service. It does not violate criminal or civil laws, but it is
designed to mislead consumers. Air Canada sale of seats would give it a $10,000 profit and the
 cost of one single ad in the Toronto Star cost $10,000. Criminal penalties are rarely used.
Companies are ordered to refrain from using the advertising campaign.
Corporate crimes may be similar to white collar crimes in many respects. They can also include the
types of crimes listed above. One main difference, however, is that with corporate crimes, the person (or
people) committing the crimes are working on behalf of the company they work for. Their goal is to
financially benefit the company or its shareholders. It is worth noting that to be considered a corporate
crime, the company in question does not need to be aware of or condone such criminal activity.

Chapter No. 4
CRIME AND CRIMINALITY: THEORETICAL PERSPECTIVES
SCHOOLS OF THOUGHTS IN CRIMINOLOGY

There are three major schools of thought in criminology which are:

1. Classical School (It represents psychological perspective of crime)

The Classical School of criminology, championed by Italian attorney Cesare Beccaria, embraces
concepts and theories of crime based on these four basic ideas:
  Individuals have free will to make choices and to act on their own accord
 People will generally seek pleasure and avoid pain, and they will rationally calculate the cost
versus the benefit when choosing to commit an act
 Punishment can be used to deter crime, and the severity of the punishment must be proportional
to the crime itself
 The swiftness and the certainty of the punishment is the most important factor in deterring crime

2. Positivist School (It reflects Biological perspective of Crime)

The Positivist School suggests that there are other factors at work in deviant behavior besides
simple pleasure seeking and pain avoidance. Positivism supposes external and internal factors that may
be beyond the control of the individual. It includes biological, psychological, social, and environmental
causes.

The positivist school was the first to apply the scientific method to the study of human behavior. It
served to advance the field of criminology as an accepted and respected scientific discipline.

One of the earliest and best-known proponents of positivist thought, Cesare Lombroso, looked at
physiological features of criminals such as the shape of their skulls and the height of their cheekbones to
suggest that biology may precondition certain people to tend toward criminal behavior. It, of course, has
long been discredited, but the positivist school’s belief that a study of crime must include the environment
in which the crime occurs remains relevant.

3. Chicago School (It represents Sociological perspective of crime)

Also known as the Ecological School, the Chicago School was first developed during the 1920’s
in the sociology department at the University of Chicago. This school of thought advanced the idea that
human behavior was, at least partially, determined by social structure. It takes into account psychological
and environmental factors in seeking to determine the causes of deviant behavior.

The Chicago School notes that human beings adapt to their environments. A destructive social
environment, such as growing up in poverty, for instance, leads to a breakdown in the social structure.
This environment both hampers the ability of a society to deal effectively with the crime that results and
fosters a criminal mentality in the community that drives crime within it.

Theoretical models of Criminal Behavior

Q.What is your position on the Nature Vs Nurture debate in Criminology? (CSS- 2020)
Q. No. 3. Enlist the criminological perspectives. Briefly describe the three criminological
Note: In this question
perspectives on theNature
study means ‘Biological
of crime perspective’
and criminal and Nurture
behaviour. means ‘Psychological and
((CSS- 2017)
Sociological perspective’.

Historically, there are three broad theoretical models of criminal behavior:

1. Psychological

2. Biological

3. Sociological

PSYCHOLOGICAL THEORIES

Psychological theories are the representation of Classical School of thought. Psychological

theories of crime say that criminal behavior is a result of individual differences in thinking processes.
There are many different psychological theories, but they all believe that it is the person’s thoughts and
feelings that dictate their actions. As such, problems in thinking can lead to criminal behavior. Take Rory,
for example, he doesn’t believe that what he did was wrong, which was what led him to act out in the first
place.

There are four basic ideas when it comes to psychological theories of crime. These general
assumptions are that crime is a result of:

1. Failures in psychological development

Some people run into trouble because they didn’t develop, or grow, the way that others normally
do. For example, Rory has an underdeveloped conscience. Whereas Amy hears a little voice inside her
reminding her what is right and wrong, Rory just does what he wants and doesn’t think about right or
wrong. This is an example of what happens when someone has an issue with psychological development.

2. Learned behaviors of aggression and violence

If someone is surrounded by violence and aggression, they are more likely to become violent and
aggressive themselves, because they have learned that those behaviors are okay. For example, Rory
comes from a very abusive household, and his violent parents taught him that it’s normal to work out your
frustrations by being violent against others.

3. Inherent personality traits

There are some characteristics that criminals tend to share with each other, and some
psychologists believe that there are certain personality traits that predispose someone towards criminal
behavior. For example, even as a baby, Tommy liked to seek out dangerous and exciting activities. Herry
is happy to stay at home with a book; that’s enough excitement for her. But, Tommy likes danger, which
could lead him to act recklessly and perhaps in criminal ways.

4. Relationship of criminality to mental illness

Some people with psychological disorders end up committing crimes. While this isn’t the case for
all people with mental illness, there are a higher-than-normal percentage of criminals with mental illness.
For example, Ali has been diagnosed with personality disorder which means that he feels less empathy
than other people.

BIOLOGICAL THEORIES

Q.No.2. Critically analyze the biological theories of Criminality. (CSS-2021)

Historical biological theories tend to describe that behaviors are inherited biological tendencies
passed down through evolution, and contemporary biosocial theories are explained by saying that genes
and other biological features are more facilitators of human behavior instead of determinants.

The basic principles of biological theories of crime say that behavioral predispositions, including
aggression and criminality, are constitutionally or physiologically influenced.

Positivist theories are further classified on the basis of the types of external influences they
identify as potentially determinative of individual behavior. For example, psychological and psychiatric
theories look at an individual’s mental development and functioning; sociological theories evaluate the
impact of social structure on individuals (e.g., social disorganization, anomie, subcultural theories,
opportunity, strain) and the impact of social function and processes on individuals (e.g., differential
association, social learning, social bonds, labeling). Biological theories can be classified into three types:

(1) Those that attempt to differentiate among individuals on the basis of certain innate (i.e., those with
which you are born) outward physical traits or characteristics;

(2) Those that attempt to trace the source of differences to genetic or hereditary characteristics; and

(3) Those that attempt to distinguish among individuals on the basis of structural, functional, or chemical
differences in the brain or body.

Biological theories are a subtype of positivist theory. Positivism evolved as instrumental in

explaining law-violating behaviors during the latter part of the 19th century as a response to the perceived
harshness of classical school philosophies. Classical thought, which emerged during the Age of
Enlightenment (mid-1600s to late 1700s), asserted that man operated on the basis of free will and rational
thought, choosing which courses of action to take. According to classical theorists, individuals would
engage in behaviors that were pleasurable and avoid behaviors that were painful. Punishment (of the
right type and in the right amounts) would deter an individual from committing an act if that punishment
resulted in pain that outweighed the pleasure. Classical theorists, for the most part, denounced torture as
a type of punishment because it was more punishment than was necessary to prevent a future
occurrence of the act; they believed that punishment should be proportionate to the crime to be effective
as a deterrent.

Classical views were not very concerned about the causes of behavior. Behaviors were seen as
the result of choice rather than as the result of inherent or external factors largely uncontrollable by the
individual. The significant progression of scientific thought and method, however, led to the application of
science in the study of human and social behavior. The central focus of these new ideas was that the aim
of any social action toward individuals who violated law should be curing them, not punishing them.

Cesare Lombroso wondered the same thing in Italy in the 19th century. He was one of the
founding fathers of the biological theory of criminology, which says that criminals are biologically different
from non-criminals. Today, Lombroso’s theory is being explored in two major areas: genetics and
neuroscience.
The mapping of human DNA has brought new information and also new questions to scientists
and just as many scientists are looking for the specific gene that can cause certain diseases, some are
looking for the one gene that could cause criminal activity.
From twin studies, there does seem to be some sort of genetic influence. For example, some
studies have shown that identical twins raised separately are more likely to both be criminals than non-
twin siblings raised separately. Since identical twins share all the same DNA but other siblings only share
part of their DNA, this indicates that perhaps there is a ‘criminal gene’ somewhere in the human body, but
so far, scientists have not found it.
The second area that the biological theory of criminology is being explored is that of
neuroscience, or the study of the brain. As brain imaging techniques become more detailed and less
invasive, scientists are getting better and better at mapping the human brain and discovering differences
in people’s brains. So far, studies have shown that there are some structural and chemical differences in
the brains of criminals when compared to the brains of non-criminals.
For example, one study showed that certain types of criminals have less activity in the part of the
brain responsible for arousal and fear. The theory is that they feel less fear of consequences, and so, they
act out in irresponsible ways.
Sheldon Body Type theory

In the 1940's, William Herbert Sheldon associated body types with human temperament types.
He claimed that a body type could be linked with the personality of that person. He says that a fat person
with a large bone structure tends to have an outgoing and more relaxed personality while a more
muscular body-typed person is more active and aggressive. A slim or scrawny person with thin muscles is
usually characterized as quiet or fragile. He split up these body/personality types into three categories
called somatotypes.

Ectomorphic

An ectomorph is the complete opposite of the Endomorph. Physically, they have narrow
shoulders, thin legs and arms, little fat on the body, a narrow face and a narrow chest. They may eat just
as much as the endomorph but never seem to gain any weight. They always stay skinny. Personality
wise, they tend to be self- conscious, socially anxious, artistic, thoughtful, quiet, and private. They always
keep to themselves and are a afraid to branch out.

Mesomorphic

The mesomorph is in between the endomorph and thin ectomorph. They have an attractive and
desirable body. Physically, they tend to have a large head and broad shoulders with a narrow waist. They
have a strong muscular body and strong arms and legs and little fat on the body. They work for the body
they have so that they could have an attractive body.Psychologically, the mesomorph is adventurous and
courageous. They are not afraid to break out and do new things with new people. They are assertive and
competitive and have a desire to have power and be dominant. They love taking risks and chances in life.

Endomorphic

An Endomorphic somatotype is also known as a viscerotonic. The characteristic traits of this

somatotype usually include being relaxed, tolerant, comfortable, and sociable. Psychologically, they are
also fun-loving, good humored, even-tempered, and they love food and affection. The Endomorph is
physically "round". They have narrow shoulders that give a pear-shape. They are quite fatty. They tend to
have a lot of extra fat on their body and on their arms and thighs. They have skinny ankles and wrists that
make the rest of their body look even bigger.

Sheldon's Motives

The original work of Sheldon was used to characterize criminals and he found that most of the
criminals were mesomorphs because violent crimes were usually committed by big strong men. It makes
sense because according to Sheldon's theory, people with a muscular and attractive body tend to be
competative and want power and dominance. This also proved that mesomorphic people are usually
criminal in nature.

Key assumptions of biological theories of crime causation

The following are the key assumptions of biological theories

 Brian is organ of mind and place of personality

 Determinants of human behavior, are constitutionally or genetically based
 Gender and racial differences in rates and types of criminality are the result of differences
 Determinants of criminal behavior may be passes from generation to generation
 Human conduct is fundamentally rooted in instinctive behavioral responses characteristics of
biological organisms everywhere
 Some of human behavior is result of biological tendencies inherited from more primitive stages in
evolution
  Interplay among heredity, biology, and social environment provides the nexus for any real
considerations of crime causation.

Strengths and Limitations of Biological Theories

Critical Evaluation

Theories within the biological approach support nature over nurture. However, it is limiting to
describe behavior solely in terms of either nature or nurture, and attempts to do this underestimate the
complexity of human behavior. It is more likely that behavior is due to an interaction between nature
(biology) and nurture (environment).

For example, individuals may be predisposed to certain behaviors, but these behaviors may not
be displayed unless they are triggered by factors in the environment. This is known as the ‘Diathesis-
Stress model’ of human behavior.

Strength of the biological approach is that it provides clear predictions, for example, about the
effects of neurotransmitters, or the behaviors of people who are genetically related. This means the
explanations can be scientifically tested and ‘proven.’

A limitation is that most biological explanations are reductionist, as it reduces behavior to the
outcome of genes and other biological processes, neglecting the effects of childhood and our social and
cultural environment and don’t provide enough information to fully explain human behavior.

SOCIOLOGICAL THEORIES

Chicago School of Thought is the representation of Sociological Theories of crime. Sociological

theories of crime differ considerably from psychological and biological explanations. Sociological theories
attempt to account for the social forces that cause or result in criminal behavior. In this respect, the
sociological perspective acknowledges that factors such as strain, group conflict, subculture ideas,
economics, and language are important facets to defining and interpreting delinquency and crime. This
chapter explores several of the more fascinating sociological accounts of criminal behavior. In particular,
sub-cultural, structural, anomie, strain, conflict, and critical approaches are summarily presented. Clearly,
the ideas described in this chapter are not exhaustive; however, they do represent a major departure from
previous explanations that associate crime in the physiology or personality of the offender. Indeed, from a
sociological perspective, criminal behavior is deeply rooted in a host of factors external to the person.
These forces significantly compel the person to act criminally or otherwise identify the individual as a
transgressor.

One key idea that the sociological theories have in common, though, is the idea that criminal
behavior is not innate to humans and circumstances affect how people act. That is, people aren’t born
criminals, it is the environment in which they live that influences how they will turn out.

1. SOCIAL DISORGANIZATION THEORY

This theory was given by the Clifford Shaw and Henry McKay in 1942.

Statement of the Theory:

Social disorganization theory suggest that a person's residential location is more significant than
the person's characteristics when predicting criminal activity and the juveniles living in this areas
acquire criminality by the cultures approval within the disadvantaged urban neighborhoods.

Shaw and McKay discovered that there were four specific assumption as an explanation of delinquency.

 The first assumption is the collapse of community based-based controls and people living in
these disadvantaged neighborhoods are responding naturally to environmental conditions.
 The second is the rapid growth of immigration in urban disadvantage neighborhoods.
 The third is business located closely to the disadvantaged neighborhoods that are influenced by
the “ecological approach” of competition and dominance.
 The fourth and last assumption is disadvantaged urban neighborhoods lead to the development
of criminal values that replace normal society values.

Explanation of theory

Social problems lead to social disorganization. Social problems and forces such as a
revolution, social upheaval, a class struggle, a financial or economic crisis, a war between nations, mental
illness, and political corruption threaten the welfare of the society.

Social disorganization theory seeks to explain community differences in crime rates. The theory
identifies the characteristics of communities with high crime rates and draws on social control theory to
explain why these characteristics contribute to crime.

There are three important elements in social disorganization perspective which are poverty,
residential mobility, and racial heterogeneity and variables from the subculture of violence, social control,
and opportunity perspectives. The rates of assault, robbery, and burglary are regressed on poverty,
residential mobility, racial heterogeneity, family disruption, and structural density. Interaction terms for
poverty and heterogeneity, poverty, and mobility, and mobility and heterogeneity are also explored. Each
of the social disorganization variables predicted crime rates, with poverty being the strongest and most
consistent predictor. Interaction terms constructed between poverty and racial heterogeneity and poverty
and residential mobility were also fairly stable predictors of crime. Poverty strengthens the effects of
social disorganization on crime.

Economic deprivation is an important factor to consider when examining the influence of social
disorganization on crime. Two relationships between these constructs have been suggested by the
existing research. Firstly, poverty may increase social disorganization, which in turn may lead to youth
violence. Secondly, poverty may moderate or condition the relationship between social disorganization
and youth violence. Specifically, the influence of social disorganization on crime may be more
pronounced in poorer areas and attenuated in more affluent areas.

Social disorganization as a predictor of youth violence, it is important to assess the relative

importance of social disorganization when compared with other theories of crime. Neighbourhood ties,
social control, mutual trust, institutional resources, disorder and routine activity patterns are highlighted. It
is indicated that crime rates are related to neighbourhood ties and patterns of interaction, social cohesion,
and informal social control, and are generally supportive of a social disorganization explanation.

Social disorganization theory suggests that public spending and private investment must be
concentrated in the most impoverished areas. It is suggested that money be spent mainly on programs
physically located in underclass neighbourhoods, run by people with ties to the neighbourhoods they
intend to serve. This policy has the effect of targeting programs for the underclass while also
strengthening minority agencies or creating new agencies within very poor neighbourhoods. These
agencies not only provide services, but can also provide jobs for neighbourhood residents. As
employment opportunities increase and better-funded local agencies become centres for social action,
pressures on working- and middle-class residents to flee should decrease. Such an approach will also
simultaneously strengthen residential ties and interconnections within neighbourhoods.

Social disorganization theory suggests that family preservation programs should be funded. This
is because the family may be able to resist the deleterious effects of social disorganization on their
children, and since strong families may also work together to reduce social disorganization in their
communities. Family preservation programs are short-term, intensive, empowerment model programs,
which focus not on an individual client but rather on the needs of the entire family. In dozens of states and
cities

2. STRAIN THEORY
Social strain theory was developed by famed American sociologist Robert K. Merton in 1940.

Statement of the theory

The theory states that social structures (society) may pressure citizens to commit crimes. Strain
may be structural, which refers to the processes at the societal level that filter down and affect how the
individual perceives his or her needs. The theory argues that crime is a result of people being socialised
into expecting success but not achieving this success due to limited opportunities.

Explanation of the theory

Strain Theory argues that crime occurs when there aren’t enough legitimate opportunities for
people to achieve the normal success goals of a society. In such a situation there is a ‘strain’ between the
goals and the means to achieve those goals, and some people turn to crime in order to achieve success.

Merton developed the concept of ‘anomie’ to describe this imbalance between cultural goals and
institutionalised means. He argued that such an imbalanced society produces anomie there is a strain or
tension between the goals and means which produce unsatisfied aspirations. Merton argued that when
individuals are faced with a gap between their goals (usually finances/money related) and their current
status, strain occurs. When faced with strain, people have five ways to adapt:

1. Conformity: (involves the acceptance of the cultural goals and means of attaining those goals.)

Conformity is pursing cultural goals through socially approved means.

2. Innovation: (acceptance of the goals but the rejection of means)

Using socially unapproved or unconventional means to obtain culturally approved goals. Example: dealing
drugs or stealing to achieve financial security.

3. Ritualism: (involves the rejection of goals but the routinized acceptance of the means)

Using the same socially approved means to achieve less elusive goals (more modest and humble).

4. Retreatism: (involves the rejection of both the goals and the means)

To reject both the cultural goals and the means to obtain it, then find a way to escape it.

5. Rebellion: to reject the cultural goals and means, then work to replace them.

In short, Merton argued that America was a highly unequal and divided society which promoted
goals that only some of its population could realistically hope to achieve. Many young, working class men
especially had internalised the desire to achieve material success (they wanted cars and nice clothes for
example), but the only way they could meet these goals was through crime.

Thus, it is not so much the individual’s flaws that lead them to crime, but rather ‘anomie’ in society
– the combination of the pressure to be materially successful and the lack of legitimate opportunities to
achieve that success.

Criticisms of Strain Theory

 Firstly, not all working class individuals turn to crime, and so we need something else to explain
why some of them do and some of them do not. Subcultural theorists argued that the role of
working class subcultures plugs this gap in the explanation deviant subcultures provide rewards
for individuals who commit crime.
 Secondly, Merton’s reliance on official statistics means he over-estimates the extent of working
class crime and underestimates the extent of middle class, or white collar crime.
 Thirdly, Strain theory only really explains economic crime; it doesn’t really explain violent crime.
  Marxists point out that lack of equality of opportunity is at the heart of the Capitalist system.
(Elites make the system work for them, which disadvantage the lower classes).

3. SOCIAL CONTROL THEORY

Q. No.2 Travis Hirschi argued that crime results when an individual's bond to society is
weak or broken. Discuss in detail what this theory of social bonding explains about crime.
(CSS-2019)

Social control theory was developed by Travis Hirschi in 1969.

Statement of the theory

Social control theory assumes that people can see the advantages of crime and are capable of
inventing and executing all sorts of criminal acts on the spot without special motivation or prior training. It
assumes that the impulse to commit crime is resisted because of the costs associated with such behavior.
It assumes further that a primary cost of crime is the disapproval of the people about whom the potential
offender cares.

Explanation of the theory

The social control approach to understanding crime is one of the three major sociological
perspectives in contemporary criminology. Control theorists believe that conformity to the rules of society
is produced by socialization and maintained by ties to people and institutions to family members, friends,
schools, and jobs. Put briefly, crime and delinquency result when the individual’s bond to society is weak
or broken. As social bonds increase in strength, the costs of crime to the individual increase as well.

The first task of the control theorist is to identify the important elements of the bond to society.
The second task is to say what is meant by society to locate the persons and institutions important in the
control of delinquent and criminal behavior. The following list of elements of the bond attachment,
commitment, involvement, and belief has proved useful in explaining the logic of the theory and in
summarizing relevant research. It has also provided guidelines for evaluation of delinquency prevention
programs.

Moreover, Hirschi refers to four elements which constitute the societal bond. These bonds
include:
 attachment - to other individuals
 commitment - to following rules
 involvement - by typical social behaviors
 belief- a basic value system
Unlike most criminology theories that purport to explain why people offend, control theory offers
the justification for why people obey rules. Control theory provides an explanation for how behavior
conforms to that which is generally expected in society. Some control theories emphasize the
developmental processes during childhood by which internal constraints develop. Social control theories,
however, focus primarily on external factors and the processes by which they become effective. Deviance
and crime occur because of inadequate constraints. For social control theory, the underlying view of
human nature includes the conception of free will, thereby giving offenders the capacity of choice, and
responsibility for their behavior. As such, social control theory is aligned more with the classical school of
criminology than with positivist or determinist perspectives.
 Social control theory describes internal means of social control. It argues that relationships,
commitments, values, and beliefs encourage conformity if moral codes are internalized and individuals
are tied into broader communities, individuals will voluntarily limit deviant acts. This interpretation
suggests the power of internal means of control, such as one’s own conscious, ego, and sensibilities
about right and wrong, are powerful in mitigating the likelihood that one will deviate from social norms.
This stands in contrast to external means of control, in which individuals conform because an authority
figure (such as the state) threatens sanctions should the individual disobey.
Criticisms on Social Control Theory
 Some crimes are more likely to be committed by people with lots of social connections e.g.
Corporate Crime
 Marxism – It’s unfair to blame marginalised people – they are victims of an unfair society which
does not provide sufficient opportunities for work etc.
 Interactionism – Middle class crimes are less likely to appear in the statistics – In reality the
attached (middle classes) are just as criminal.
 By focusing on the crimes of the marginalised, the right wing elite dupe the public into thinking we
need them to protect us from criminals (whereas in reality we need protecting from the elite)
 This may be a case of blaming the victim – We need to look at structural factors that lead to
family breakdown (poverty, long working hours, unemployment.)
 Parent deficit does not automatically lead to children becoming criminals. There are also ‘pull
factors’ such as peer group pressure.

4. Learning theory

Two theorists who build on this base are key to understanding social learning theories of crime:
Edwin Sutherland and Ronald Akers.

Statement of the theory

The social learning theory of crime argues that some people learn to commit crimes through the
same process through which others learn to conform. The theory assumes that people, at birth, have
neither a motivation to commit crime nor to conform. The theory then asks: Why does an individual
commit crimes? The answer to this question stresses the process of learning, which involves the
interaction between thought or cognition, behavior, and environment.

Explanation of the theory

The social learning theory of criminology says that people learn from the community around them.
This happens in two ways: Differential association is the idea that people learn values and behaviors
associated with crimes, and differential reinforcement is the fact that rewards and punishments shape
behavior.

Social learning theory is rooted in the work of the Chicago School theorists of the early twentieth
century. It draws on symbolic interactionism as found in the works of Chicago School theorists such as
George Herbert Mead. Symbolic interactionism is a social psychological theory that is based on the idea
that all human behavior can be understood as the result of a process of communication. It argues that
people communicate through the use of symbols and base their actions on the meaning of those symbols
for them. Symbolic interactionists argue that meaning for symbols is learned in interaction with others,
thus meaning is social in origin. Two theorists who build on this base are key to understanding social
learning theories of crime: Edwin Sutherland and Ronald Akers.

Social learning theory postulates that there are three mechanisms by which individuals learn to
engage in crime: differential reinforcement, beliefs, and modeling.

Differential reinforcement of crime:

Differential reinforcement of crime means that individuals can teach others to engage in crime by
reinforcing and punishing certain behaviors. Crime is more likely to occur when it
1. Is frequently reinforced and infrequently punished;
2. Results in large amounts of reinforcement (such as money, social approval, or pleasure) and little
punishment; and
3. Is more likely to be reinforced than alternative behaviors.
Studies show that individuals who are reinforced for their crime are more likely to engage in
subsequent crime, especially when they are in situations similar to those that were previously reinforced.
Beliefs favorable to crime:
On top of reinforcing criminal behavior, other individuals can also teach a person beliefs that are
favorable to crime. Surveys and interviews with criminals suggest that beliefs favoring crime fall into three
categories.
First is the approval of certain minor forms of crime, such as gambling, “soft” drug use, and for
adolescents, alcohol use and curfew violation.
Second is the approval of or justification of certain forms of crime, including some serious crimes.
These people believe that crime is generally wrong, but that some criminal acts are justifiable or even
desirable in certain situations. For example, many people will say that fighting is wrong, however that it is
justified if the individual has been insulted or provoked.
Third, some people hold certain general values that are more conducive to crime and make crime
appear as a more attractive alternative to other behaviors. For example, individuals who have a large
desire for excitement or thrills, those who have a disdain for hard work and a desire for quick and easy
success, or those who wish to be seen as “tough” or “macho” might view crime in a more favorable light
than others.
The imitation of criminal models:
Behavior is not only a product of beliefs and reinforcements or punishments that individuals
receive. It is also a product of the behavior of those around us. Individuals often model or imitate the
behavior of others, especially if it is someone that individual looks up to or admires. For example, an
individual who witnesses someone they respect committing a crime, who is then reinforced for that crime,
is then more likely to commit a crime themselves.

Arguing the idea that people learn deviant behavior in the same manner and fashion as they
would learn non-deviant behavior; it can lead researchers to question the theory and explore different
options. There are quite a few factors that are also required in order to interpret this theory, the four major
concepts of the theory

 Differential association

 Differential reinforcement,
  Modeling, and

 Definitions.

These four begin to inquire into the thoughts of criminal behavior patterns and criminal stimuli and
the balance of rewards and punishment, and the balance that is taught between the consequences or
praise that comes after. Although all of these ideas of modeling, punishment and consequences may
sound repetitive, each factor looks into more depth of why people choose to behave this way and the
internal and many times unconscious ways criminal behavior can be formed and interpreted.
5. DIFFERENTIAL ASSOCIATION THEORY

Q. No. 3. Discuss the fundamental postulates of Edwin Sutherland's

'Differential Association theory' with examples.

It was given by the Sutherland in 1939. It is also one of the learning theories of crime.

Statement of the theory

Differential association theory proposes that people learn values, attitudes, techniques, and
motives for criminal behavior through their interactions with others.

Explanation of the theory

Differential association predicts that an individual will choose the criminal path when the balance
of definitions for law-breaking exceeds those for law-abiding. One critique leveled against differential
association stems from the idea that people can be independent, rational actors and individually
motivated.

An important quality of differential association theory concerns the frequency and intensity of
interaction. The amount of time that a person is exposed to a particular definition and at what point the
interaction began are both crucial for explaining criminal activity. The process of learning criminal
behaviour is really not any different from the process involved in learning any other type of behaviour.
Sutherland maintains that there is no unique learning process associated with acquiring non-normative
ways of behaving.

One unique aspect of this theory is that the theory explains more than just juvenile delinquency
and crime committed by lower class individuals. Since crime is understood to be learned behaviour, the
theory is also applicable to white-collar, corporate, and organized crime.

The postulates of Sutherland's Theory of Differential Association:

 Criminal behavior is learned from other individuals.

 Criminal behavior is learned in interaction with other persons in a process of
communication.
 The principle part of the learning of criminal behavior occurs within intimate personal
groups.
 When criminal behavior is learned, the learning includes (a) techniques of committing the
crime, which are sometimes very complicated, sometimes simple; (b) the specific
direction of motives, drives, rationalizations, and attitudes.
 The specific direction of motives and drives is learned from definitions of the legal codes
as favorable or unfavorable.
  A person becomes delinquent because of an excess of definitions favorable to violation
of law over definitions unfavorable to violation of the law.
 Differential associations may vary in frequency, duration, priority, and intensity
 The process of learning criminal behavior by association with criminal and anti-criminal
patterns involves all of the mechanisms that are involved in any other learning.
 While criminal behavior is an expression of general needs and values, it is not explained
by those needs and values, since non-criminal behavior is an expression of the same
needs and values.

Criticism on the theory

Criticism comes from the theories lack of ability to explain acts of deviance that aren’t learned
and/or are spontaneous. For example, how does one explain the upper class child who has a law abiding
family, is well to do, and has attended private school their whole life going on a shooting rampage (or less
extreme stealing gum from the grocery store). One criticism leveled against this theory has to do with the
idea that people can be independent, rational actors and individually motivated. This notion of one being a
criminal based on his or her environment is problematic. This theory does not take into account
personality traits that might affect a person's susceptibility to these environmental influences

6. Labeling Theory

It was given by Howard Becker in 1963.

Statement of the theory

Labeling theory states that people come to identify and behave in ways that reflect how others
label them. This theory is most commonly associated with the sociology of crime since labeling someone
unlawfully deviant can lead to poor conduct. Describing someone as a criminal, for example, can cause
others to treat the person more negatively, and, in turn, the individual acts out.

Explanation of the theory

Labeling theory is one of the most important approaches to understanding deviant and criminal
behavior. It begins with the assumption that no act is intrinsically criminal. Definitions of criminality are
established by those in power through the formulation of laws and the interpretation of those laws by
police, courts, and correctional institutions. Deviance is therefore not a set of characteristics of individuals
or groups but a process of interaction between deviants and non-deviants and the context in which
criminality is interpreted.

Police, judges, and educators are the individuals tasked with enforcing standards of normalcy and
labeling certain behaviors as deviant in nature. By applying labels to people and creating categories of
deviance, these officials reinforce society's power structure. Often, the wealthy define deviancy for the
poor, men for women, older people for younger people, and racial or ethnic majority groups for minorities.
In other words, society's dominant groups create and apply deviant labels to subordinate groups.

Many children, for example, break windows, steal fruit from other people’s trees, climb into
neighbors' yards, or skip school. In affluent neighborhoods, parents, teachers, and police regard these
behaviors as typical juvenile behavior. But in poor areas, similar conduct might be viewed as signs of
juvenile delinquency. This suggests that class plays an important role in labeling. Race is also a factor.
 Labeling theory helps to explain why a behavior is considered negatively deviant to some people,
groups, and cultures but positively deviant to others. Some people have a negative reaction and label him
as a criminal. Others have a positive reaction and label him as a hero. Different reactions are typically
based on group or cultural norms and values.
Another example is when a person is responsible for the death of another. When are they labeled
as a ‘murderer’ or a ‘killer?’ The reaction to death sometimes depends on the circumstances. The person
responsible will be viewed differently depending on the reason, whether it’s murder, war, self-defense, or
an accident.
Primary vs. Secondary Deviance
Studies related to labeling theory have also explained how being labeled as deviant can have
long-term consequences for a person’s social identity. Consider primary deviance, which is an initial
violation of a social norm about which no inference is made regarding a person’s character. Primary
deviance includes minor deviant acts that just about everyone does once or twice, like playing hooky from
school or work. These behaviors have little reaction from others and therefore, have little effect on a
person’s self-concept.
On the other hand, secondary deviance is when a person repeatedly violates a social norm,
which leads others to make assumptions about that person and assign a label to him or her. Some
examples of labels are ‘criminal,’‘psycho,’‘addict,’ and ‘delinquent.’ Secondary deviance gets such a
strong reaction from others that the individual is typically shunned and excluded from certain social
groups.
Stigma
Once a person has been labeled by others through secondary deviance, it is common for that
person to incorporate that label into his or her own self-concept. They develop a stigma, or a powerfully
negative label that greatly changes a person’s self-concept and social identity.
Someone in high school that has been labeled as a nerd, for example, may begin to think of
himself or herself as a loser due to other people’s opinions and treatment. Someone who has been
stigmatized usually has lower self-esteem and may even behave more deviantly as a result of the
negative label. The stigmatized person may find it easier to come to terms with the label rather than fight
it. Playing hooky from work is an example of primary deviance
Critiques of Labeling Theory

Critics of labeling theory argue that it ignores factors such as differences in socialization,
attitudes, and opportunities that lead to deviant acts. They also assert that it's not entirely certain whether
labeling increases deviancy. Someone might end up back in prison because he has formed connections
to other offenders; these ties raise the odds that they will be exposed to additional opportunities to commit
crimes. In all likelihood, both labeling and increased contact with the criminal population contribute to
recidivism.

THE ISLAMIC PERSPECTIVE ON DEVIANCE AND CRIME

Q. No. 2. Define Criminology. Discuss the scope of criminology in Pakistan. (CSS-2018)

Security and stability are basic human needs, no less important than food and clothing. Without
security and stability, a human being is not able to properly conduct his daily life, let alone come up with
new ideas or contribute to the development of a high level of civilization. Man has been conscious of the
need for security since the beginning of his life on Earth, and he has continuously expressed his
awareness of this need in many ways. With the formation and evolution of human society, he has
expressed this and other needs through the establishment of a state and the formation of laws. This was
accomplished in order to ensure general security, settle disputes and conflicts that threaten society, and
oppose external threats to its security posed by other nations. The development of these man-made laws
did not come to completion except in the last few centuries as the result of a long process of trial and
error.
By contrast, the Law of Islam was sent down to Muhammad (PBUH) in its complete form as part
of His final message to humanity. Islamic Law pays the most careful attention to this matter and provides
a complete legal system. It takes into consideration the changing circumstances of society as well as the
constancy and permanence of human nature.
Consequently, it contains comprehensive principles and general rules suitable for dealing with all
the problems and circumstances that life may bring in any time or place. Likewise, it has set down
immutable punishments for certain crimes that are not affected by changing conditions and
circumstances. In this way, Islamic Law combines between stability, flexibility, and firmness. From what
angle does Islam approach combating crime? What are the principles that the Islamic penal code is
based upon? What are the distinguishing features of this code? What are the measures that it employs
to combat crime? What types of punishments exist in Islam? What are the objectives behind their being
legislated? These are the questions that will be dealt with in the following pages.
The Islamic Approach to Combating Crime
The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this
world and the next by establishing a righteous society. This is a society that worships God and flourishes
on the Earth, one that wields the forces of nature to build a civilization wherein every human being can
live in a climate of peace, justice and security. This is a civilization that allows a person to fulfill his every
spiritual, intellectual, and material need and cultivate every aspect of his being. This supreme objective is
articulated by the Quran in many places.
Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred back to
universal principles which are necessary for human welfare to be secured. These universal principles
are:
 The preservation of life.
 The preservation of religion.
 The preservation of reason.
 The preservation of lineage.
 The preservation of property.
The Islamic penal system is aimed at preserving these five universal necessities. To preserve life,
it prescribes the law of retribution. To preserve religion, it prescribes the punishment for apostasy. To
preserve reason, it prescribes the punishment for drinking. To preserve lineage, it prescribes the
punishment for fornication. To preserve wealth, it prescribes the punishment for theft. To protect all of
them, it prescribes the punishment for highway robbery.
It should therefore become clear to us why the crimes for which Islam for which the Law has prescribed
fixed punishments are as follows:
1. Transgression against life (murder or assault).
2. Transgression against property (theft).
3. Transgression against lineage (fornication and false accusations of adultery).
 4. Transgression against reason (using intoxicants).
5. Transgression against religion (apostasy).
6. Transgression against all of these universal needs (highway robbery).
There have been various considerations about punishment throughout history and the purposes
of punishments have been determined in the light of those considerations. In the previous ages
(approximately until 18th century) in the West, the purposes of the punishments were to intimidate, to take
revenge and to expose criminals. To burn, to crucify, to amputate an organ, to break bones, to sear by
means of branding metals etc, were kinds of frequently applied punishments. Moreover, there was not a
correlation between crime and punishment in those ages. Capital punishment could be applied for the
simplest crimes. In the English Criminal Law, capital punishment was applied approximately for 200
crimes until 18th century. As for the French Criminal Law, capital punishment was applied for 215
different crimes. Most of those crimes were summary offences.
Islam and capital punishment

Islam on the whole accepts capital punishment.

“Take not life, which God has made sacred, except by way of justice and law. Thus does He command
you, so that you may learn wisdom?”

Qur’an 6:151

Muslims believe that capital punishment is a most severe sentence but one that may be
commanded by a court for crimes of suitable severity. While there may be more profound punishment at
the hands of God, there is also room for an earthly punishment. Methods of execution in Islamic countries
vary and can include beheading, firing squad, hanging and stoning. In some countries public executions
are carried out to heighten the element of deterrence. Each case is regarded individually and with
extreme care and the court is fully able to impose more lenient sentences as and when they see fit.

Islamic countries that practice a very strict Sharia law are associated with the use of capital
punishment as retribution for the largest variety of crimes. At the other end of the spectrum are countries
such as Albania and Bosnia, which still retain the death penalty as part of their penal system, but are
abolitionist in practice.

In Islamic law, the death penalty is appropriate for two groups of crime:

1. Intentional murder: In these cases the victim’s family is given the option as to whether or not to
insist on a punishment of this severity

2. Fasadfil-ardh(‘spreading mischief in the land’): Islam permits the death penalty for anyone who
threatens to undermine authority or destabilise the state

What constitutes the crime of ‘spreading mischief in the land’ is open to interpretation, but the following
crimes are usually included:
  Treason/apostasy (when one leaves the faith and turns against it)
 Terrorism
 Piracy of any kind
 Rape
 Adultery
 Homosexual activity

Whilst Islam remains firmly retentionist, there is a small but growing abolitionist Islamic view.
Their argument is as follows:

 The Ulema (those who are learned in Islamic Law, constitution and theology) do not always agree
on the interpretation or authenticity of the sacred texts. Neither do they agree on the social
context in which these texts should be applied.
 Sharia law is often used by repressive powers that attack women and the poor.
 There are incidences of these states summarily executing those who are accused whilst denying
them access to a lawyer. These acts are totally contradictory to the concept of Islamic justice.

Distinguishing Features of the Islamic Penal System

In the aforementioned principles, Islamic Law and contemporary law coincide, though Islamic Law
has the distinction of being first. However, the Islamic penal system also has unique virtues and
distinguishing features, among the most important of which are the following:
1. The inner deterrent of man’s moral conscience is fully integrated with external supervision. This is
due to the fact that Islamic Law, when dealing with social problems such as crime, does not rely merely
on legislation and external deterrents. It focuses more on the internal deterrent, placing the greatest
emphasis on man’s moral conscience. It endeavors to develop this conscience within a person from
childhood so that he can be brought up with the noblest moral character.
It promises success and salvation for those who work righteousness and warns wrongdoers of an
evil fate. In this way, it stirs up emotions, making a criminal renounce his ways by inspiring him with faith
in God, hope for divine mercy, fear of divine punishment, adherence to moral virtues, love for others, and
a desire to do good to others and refrain from causing injury and harm.
2. It has a balanced outlook with respect to the relationship between the individual and society. This
becomes clear from the fact that while the Divine Law protects society by legislating punishments and
preventative measures against crimes, it does not marginalize the individual for the sake of society. On
the contrary, its priority is the protection of the individual, his freedom, and his rights. It provides every
safeguard to leave no excuse for a person to have to resort to crime. It does not set out to punish without
first preparing for the individual a situation conducive to a virtuous and happy life.
Forms of Punishment in Islam
Islamic Law, in confronting the problems of life and setting down solutions for them, is established
on two complimentary principles. These are: the stability and permanence of its basic tenets on the one
hand and the dynamism of its subsidiary injunctions on the other. For the unchanging aspects of life,
Islamic Law brings fixed statutes. For the dynamic aspects of life that are affected by social development,
broadening horizons, and advances in knowledge, Islamic Law comes with general principles and
universal rules capable of being applied in a number of different ways and in a variety of circumstances.
When we apply these principles to the penal system, we find that Islamic Law has come with
clear texts prescribing fixed punishments for those crimes that no society is free of, crimes that do not
vary in their forms because they are connected with the constant and unchanging factors of human
nature. Islamic Law confronts other crimes by stating the general principle that decisively indicates their
prohibition, leaving the punishment to be decided by the proper political authority in society. The political
authority can then take the particular circumstances of the criminal into consideration and determine the
most effective way to protect society from harm. In accordance with this principle, punishments in Islamic
Law are of three types:
1. Prescribed punishments
2. Retribution
3. Discretionary punishments
1. Prescribed Punishments
Crimes that fall under this category can be defined as legally prohibited acts that God forcibly
prevents by way of fixed, predetermined punishments, the execution of which is considered the right of
God. These punishments have certain peculiarities that set them apart from others. Among these are the
following:
 These punishments can neither be increased nor decreased.
 These punishments cannot be waived by the judge, the political authority, or the victim after their
associated crimes have been brought to the attention of the governing body. Before these crimes
are brought before the state, it may be possible for the victim to pardon the criminal if the damage
done was only personal.
 These punishments are the ‘right of God’, meaning that the legal right involved is of a general
nature where the greater welfare of society is considered.
 Theft
Theft is defined as covertly taking the wealth of another party from its secure location with
the intention of taking possession of it.
 Highway Robbery
Highway robbery is defined as the activity of an individual or a group of individuals who
go out in strength into the public thoroughfare with the intention of preventing passage or with the
intention of seizing the property of passers-by or otherwise inflicting upon them bodily harm.
 Fornication and Adultery
This is defined as any case where a man has coitus with a woman who is unlawful to
him. Any relationship between a man and a woman that is not inclusive of coitus does not fall
under this category and does not mandate the prescribed, fixed punishment.
 False Accusation
This is defined as accusing the chaste, innocent person of fornication or adultery. It also
includes denying the lineage of a person from his father (which implies that his parents committed
fornication of adultery). False accusation includes any claim of fornication or adultery that is not
backed up by a proof acceptable to Islamic Law.
 Drinking
One of the most important objectives of Islam is the realization of human welfare and the
avoidance of what is harmful. Because of this, it “permits good things and prohibits harmful
things.” Islam, thus, protects the lives of people as well as their rational faculties, wealth, and
reputations. The prohibition of wine and the punishment for drinking it are among the laws that
clearly show Islam’s concern for these matters, because wine is destructive of all the universal
needs, having the potential to destroy life, wealth, intellect, reputation, and religion.
 Apostasy
Apostasy is defined as a Muslim making a statement or performing an action that takes
him out of the fold of Islam. The punishment prescribed for it in the Sunnah is execution, and it
 came as a remedy for a problem that existed at the time of the Prophet may the mercy and
blessings of God be upon him. This problem was that a group of people would publicly enter into
Islam together then leave Islam together in order to cause doubt and uncertainty in the hearts of
the believers. The Quran relates this event to us:
Thus, the prescribed punishment for apostasy was instituted so that apostasy could not be used
as a means of causing doubt in Islam.
At the same time, the apostate is given time to repent, so if he has a misconception or is in doubt
about something, then his cause of doubt can be removed and the truth clarified to him. He is
encouraged to repent for three days.
2. Retribution
This is the second type of punishment in Islamic Law. This is where the perpetrator of the crime
is punished with the same injury that he caused to the victim. If the criminal killed the victim, then he is
killed. If he cut off or injured a limb of the victim, then his own limb will be cut off or injured if it is possible
without killing the criminal. Specialists are used to make this determination.
With regard to Islamic punishments in general, and retribution in specific, we find that they have
two complementary characteristics. The first of these is the severity of the punishment. This is in order to
discourage the crime and limit its occurrence.
The second characteristic is the difficulty of establishing guilt, reducing the opportunities for
carrying out the punishment, and protecting the accused. In this vein, we see the principle that
punishments are waived in the presence of doubt, and that the benefit of the doubt is always given to the
accused. Some prescribed punishments are even waived on the grounds of repentance, as we can see
in the case of highway robbery. This is also seen in the permissibility of pardon in the case of retribution
and the fact that pardon is encouraged and preferred.
These two elements complement each other in that crime is effectively discouraged, protecting
society, and the rights of the accused are safeguarded by the fact that speculation and accusations
cannot be grounds for punishment, and that the accused enjoys the greatest guarantee of justice and
being spared the punishment whenever possible. Most people will abstain from committing crime,
because of the severity of the punishment, and the punishments for these crimes will rarely be carried
out. In this way, the general security of society and the rights of the individual are equally realized.
3. Discretionary Punishments
These are punishments that are not fixed by Islamic Law, for crimes that either infringe on the
rights of God or the rights of an individual, but do not have a fixed punishment or a set expiation.
Discretionary punishments are the broadest category of punishments, because the crimes that have fixed
punishments are few in number and all other crimes fall under the scope of this last category.
They are the most flexible type of punishment, because they take into consideration the needs of
society and changing social conditions. Consequently, they are flexible enough to realize the maximum
general benefit to society, effectively reform the criminal, and reduce the harm that he causes. Islamic
Law has defined different types of discretionary punishments starting from exhortations and reprimands to
flogging, to fines, and to imprisonment. These discretionary measures are left to the decision of the legal
authorities within the general framework of Islamic Law and the universal purposes of Islam that balance
between the right of society to be protected from crime and the right of the individual to have his freedoms
protected.
 Chapter No. 5
JUVENILE DELINQUENCY
Q. No. 4. What is juvenile delinquency? Explain the nature, extent and causes of juvenile delinquency in
Pakistan. Suggest remedial measures for reducing juvenile delinquency in Pakistan

Juvenile Delinquency

Juvenile delinquency is unlawful conduct by minors, meaning those under the age of 18 in most
states for which there are penalties. A juvenile delinquent is a young person, particularly a teenager under
the age of eighteen, who breaks a state or federal law by committing a crime.

When a juvenile commits a crime, the procedures that take place differ from those of an adult
offender. In all states, juvenile court systems, and juvenile detention facilities, deal specifically with
underage offenders. While it is common for state statutes to consider people under the age of 18 as
minors, the justice system can charge minors even younger as adults, if the crime committed is very
serious.

Nature and extent of Juvenile Delinquency

Juvenile delinquency is a gateway to adult crime, since a large percentage of criminal careers
has their roots in childhood causing serious problems all over the world. Juvenile delinquency is seen as
one of the menace that destroys life and property in our society today. Because of the nature of crime
committed by juvenile parents, guidance, sponsors and well wishers are worried and disturbed about our
future leaders. Crime associated with juvenile include: rape, stealing, kleptomania, burglary,
disobedience, homicide, truancy, vandalization and robbery etc.

Juvenile delinquency is the beginning of criminal elements in the society. Children of every state
are known as its backbone. Every country or state should take care of its youth as it is a natural resource
to recognize, establish and develop the state. Likewise, increase in the literacy rate of juveniles is an
important factor for development. To reduce the rate of delinquency it is necessary that juveniles are the
priority of the country.

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. There are various causes of juvenile delinquency namely; parental
alcoholism, poverty, breakdown of the family, overcrowding, abusive conditions at home, death of parents
during armed conflicts, unemployment, injustice, absence of appropriate laws, gambling, running away
from home, lack of attention by elders, addiction, peer pressure, illiteracy, electronic media, and discord
between siblings count as a few.

A widespread, continuous and chronic behavior by a psychologically identified deviant group,

threatening general well being of society, is termed as antisocial behavior. Antisocial personality is thus
an individual with traits which consequently prohibits him performing as normal being in a society.
Juvenile delinquency, also known as juvenile offending is actually a bio-psycho-social phenomenon.

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 220 million, half or about 49% are
under the age of 18. Among them, 22% are adolescents of age 10-18. 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.

Juvenile crimes are relatively high in urban areas, particularly in Lahore and Karachi because of
amalgam of different economy classes which consequently increases class conflict. Poorest to richest
difference urges will of crime committing among youngsters.

Government of Pakistan promulgated the “Juvenile Justice System Ordinance 2000, (JJSO
2000),” This was provided for the protection of juveniles involved in criminal litigations. It was proved a
step forward and promulgated immediately. The statuary age in Pakistan is furnished as seven to twelve.
Juvenile between ages 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.
 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.

In order to reduce the rate of juvenile delinquency in Pakistan, it is essential to take some
measures, such as the elimination of family conflicts. However, the state should give provisions to avoid
overcrowding, the state should provide job opportunities, ensure justice or give justice which can reduce
delinquency, legislatures should be legislated effectively and the state should ensure its strict
implementation. Parents and elders should pay attention to their offspring. Literacy rate should be
increased by providing free education. Discrimination against juveniles should be finished and electronic
media should not display criminal activities through their channels.

Along with governmental reforms, as an individual of society it’s our social responsibility to work
for the welfare and rehabilitation of these juvenile delinquents. There must be campaigns to make masses
aware about the delinquency and the ways how to react it. Parents, teachers, and all responsible must be
informed and furnished clear-cut concept of juvenile delinquency and factors causing criminal recidivism.

RISK FACTORS AND PREDICTORS OF JUVENILE DELINQUENCY

Many children acquire the label of juvenile delinquent early, often between the ages of 6 and 12
years. Many juvenile behaviors during the pre-teen and teenage years may be considered normal
behavior for children, as they stretch their boundaries, and struggle to develop their self-perception. There
are, however, certain signs that a child might be headed in a bad direction.
Predictors of juvenile delinquencies may appear as early as preschool, and often include:
 Abnormal or slow development of basic skills, such as speech and language
 Chronic violation of the rules
 Serious aggressive behavior toward other students or teachers
Studies have found that a number of life circumstances constitute risk factors for a child to
become a juvenile delinquent. While these are many and varied, the most common risk factors for
juvenile delinquency include:
 Authoritarian Parenting – characterized by the use of harsh disciplinary methods, and refusal to
justify disciplinary actions, other than by saying “because I said so.”
 Peer Association – usually resulting from leaving adolescents unsupervised, encouraging a child
to engage in bad behaviors when acting with his peer group.
 Low Socioeconomic Status
 Permissive Parenting – characterized by lack of consequences for bad behavior, permissive
parenting can be broken down into two subcategories: (1) neglectful parenting, which is a lack of
monitoring a child’s activities, and (2) indulgent parenting, which is the enablement of bad
behavior.
 Poor School Performance
 Peer Rejection
 ADHD and other mental disorders
 Causes of Juvenile Delinquency in Pakistan
Q. Causes of juvenile delinquency in Pakistan. (CSS-2017)
Theoretical Causes of Juvenile Delinquency
Sociological perspective of Juvenile Delinquency
 Social Disorganization theory
 Social Control theory
 Social Learning theory
 Labeling theory
Psychological Perspective of Juvenile Delinquency
 Psychoanalysis Theory
 Aggression approach
 Depression
 Mental Disorder
Biological Perspective
 Jeans/DNA
(Read the chapter four for the detail of above mentioned theories)
General Causes of Juvenile Delinquency
The following are the reasons of juvenile delinquency in Pakistan.
 Family
Family is the basic socialization agency for the children. Children learn basic concepts about
good and bad from their family; they make their values and set the norms of society. Family can make or
break the personality of the children. In family the most important role is played by the parents and
siblings. Most of the adolescents who show delinquent behavior in any form belong to families that could
not give firm foundation to the children.
Broken families, single parent families, separated families, frequent parents fight, lack of trust and
confidence among the parents, criminal parents or psychological problems in parents can be the most
important reason behind juvenile delinquency. The other reason can be sibling’s rivalry or unequal
treatment between children. Parents and elder siblings have the responsibility to mold the personality of
the children. When parents or siblings do not show moral behavior or they commit crime children or
younger siblings also get motivation to do something bad a delinquent behavior.
 Economic problems in family
Often the cause of juvenile delinquency is economic problems in family. Youth belonging from
poor economic status easily get involved in criminal activities. They want to improve their status and for
this purpose they use negative path, in this regard often people do not support teenagers who belong
from poor status and they go for criminal activities.
 Psychological problems in family
Psychological problems in parents or siblings can also be a risk factor of juvenile delinquency.
Mental illnesses or other psychological problems like depression, frustration, aggression or hyper
behavior showed by the parents can make the child feel deprived and inferior among friends. Sometimes
children adopt depression and anger from parents or elder siblings.
 Social problems in family
 In many families parents or elder siblings are involved in various social problems. There can be
various problems like gender discrimination, age discrimination, racial discrimination, child labor or
violation of animal rights. Children and youth learn what they see in their family, in many rich families
parents do not feel shame in child labor and children could not understand that child labor is against
society and against morality. Social problems cause stress and due to stress teens get involved in
violence.
 Moral problems in family
Morality is the most important concern among teens today. Teens should know how to respect
family and other people. They should give the due respect to everyone they know and meet. Some
parents do not take care of their elders, and it is a known fact that such children who see their parents
disrespecting their elders, their children never respect their parents and elder siblings.
 Parenting style
Parenting style also matters and many researchers say that it is one of the biggest reason why
teens commit crime. Parents are sometime very harsh and they punish their children for small issues.
Children start disrespecting their parents and they become violent
The state of juvenile delinquency in Pakistan is reaching epic proportion with neither the law nor
other people associated with it willing to understand the continual and serious dangers being rendered to
the health, social and moral development of these children and society.

 Poor School Attendance

Poor school attendance is one of the top factors contributing to delinquency. School is not only a
place to learn and grow; it is also a structured routine that provides children with a goal to accomplish
each day. The routine of getting up, getting prepared, attending school, completing the work, and
returning home each day establishes a routine that is a basis for good choices in the future.

 Poor Educational Standards

The type of school that a child attends may also contribute to their delinquency. Overcrowded and
underfunded schools tend to lack discipline and order. Parental involvement in school work and school
based activities has been found to be a very large deterrent for delinquent activities.

 Violence in the Home

One of the largest contributing factors to delinquency is violence in the home. Teens subjected to
violent actions, or those who witness it to others, are more likely to act their fears and frustrations. They
often have a “don’t care” attitude and this allows them to get into trouble more easily.

 Violence in their Social Circles

If the neighborhood is in which a child lives is violent, the children will have a tendency to be more
prone to delinquency. Many people describe this as street survival methods because the child gets into
trouble as a way to stay out of trouble from area gang members or violent people.

 Peer Pressure
Similar to neighborhood pressures, peer pressure from direct acquaintances can have an effect on
how a juvenile reacts to bad situations. If all of their friends are committing delinquent acts, the child may
feel pressured to do the same to be accepted. The best way to avoid this type of situation is to be actively
involved with who your child is hanging out with on a regular basis.
  Substance Abuse
Substance abuse in a home or by the child is a very common cause for delinquency. Children who
are exposed to substance abuse often do not have the necessities they need to thrive and are forced to
find these necessities in other ways. Others, who become dependent on a substance, may also need to
commit crimes to sustain their habit.

 Lack Of Moral Guidance

Parental or adult influence is the most important factor in deterring delinquency. When a parent or
other adult interacts with the child and shows them what is acceptable behavior and what is considered
wrong, the child is more likely to act in a way that is not delinquent. It is very important for a child to have
a bond with a good adult who will influence their actions and show them the difference between what is
right and what is wrong. Even if your child has committed an act of delinquency, their lives are not over.
You, as their caregiver have the chance to turn around their lives and show them how to change their
ways.
Risk and Protective Factors

Q. Write a comprehensive note on the risk and protective factors of juvenile delinquency in
Pakistan. (CSS-2020)

What are Risk and Protective Factors?

 A risk factor is anything that increases the probability that a person will suffer harm.
 A protective factor is something that decreases the potential harmful effect of a risk factor.

In the context of youth involved or at risk of involvement with the juvenile justice system, risk factors
can be considered to be those conditions or variables associated with a higher likelihood of delinquency
and/or juvenile justice system contact; protective factors are those conditions which lessen this likelihood.

Types of Protective and Risk Factors

Risk and protective factors for child delinquency have been identified in several domains:

 Individual
 Family
 Peers
 School, neighborhood, and community

The table below provides examples of risk and protective factors by domain.

Risk Factors Domain Protective Factors

 Early antisocial behavior and  High IQ
emotional factors such as low  Positive social skills
behavioral inhibitions  Willingness to please adults
Individual
 Poor cognitive development  Religious and club affiliations
 Hyperactivity

 Inadequate or inappropriate child Family  Participation in shared activities between youth and family
rearing practices, (including siblings and parents)
  Home discord  Providing the forum to discuss problems and issues with
 Maltreatment and abuse parents
 Large family size  Availability of economic and other resources to expose
 Parental antisocial history youth to multiple experiences
 Poverty  The presence of a positive adult (ally) in the family to
 Exposure to repeated family mentor and be supportive
violence
 Divorce
 Parental psychopathology
 Teenage parenthood
 A high level of parent-child
conflict
 A low level of positive parental
involvement

 Spending time with peers who  Positive and healthy friends to associate with
engage in delinquent or risky
behavior  Engagement in healthy and safe activities with peers
 Gang involvement during leisure time (e.g., clubs, sports, other recreation)
Peer
 Less exposure to positive social
opportunities because of bullying
and rejection

 Poor academic performance  Enrollment in schools that address not only the academic
 Enrollment in schools that are needs of youth but also their social and emotional needs
unsafe and fail to address the and learning
academic and social and  Schools that provide a safe environment
emotional needs of children and  A community and neighborhood that promote and foster
youth healthy activities for youth
 Low commitment to school
 Low educational aspirations School/
Communit
 Poor motivation
y
 Living in an impoverished
neighborhood
 Social disorganization in the
community in which the youth
lives
 High crime neighborhoods

It is important to note the following:

 No single risk factor leads a young person to delinquency.

 Risk factors “do not operate in isolation and typically are cumulative: the more risk factors that
[youth] are exposed to, the greater likelihood that they will experience negative outcomes,
including delinquency.
 When the risk factors a youth are exposed to cross multiple domains, the likelihood of
delinquency increases at an even greater rate.
  Different risk factors may also be more likely to influence youth at different points in their
development. For example, peer risk factors typically occur later in a youth’s development than
individual and family factors.
 Because risk and protective factors are dynamic in nature, service providers and agencies should
adopt ongoing assessments of these conditions.

While youth may face a number of risk factors it is important to remember that everyone has
strengths and is capable of being resilient: “All children and families have individual strengths that can be
identified, built on, and employed” to prevent future delinquency and justice system involvement. In recent
years, studies of juvenile delinquency and justice system involvement have increasingly examined the
impact of these strengths (protective factors) on youth’s ability to overcome challenges and thrive.

STATUS OFFENDERS
A status offense is an action that is prohibited only to a certain class of people, and most often
applied only to offenses committed by minors. Status offense involves conduct that would not be a crime
if it were committed by an adult. In other words, the actions are considered to be a violation of the law
only because of the youth's status as a minor. Common examples of status offenses include underage
drinking, skipping school, and violating a local curfew law. Age, gender and race are the characteristics of
status offender.

Penalties for these offenses generally are less severe than the penalties for other crimes. A judge
may order the juvenile to pay a fine or restitution, order them to go through counseling or other courses,
or order them to live in a foster home or group home instead of living with a parent or guardian. They can
be detained at a secure facility if they violate a court order. If a parent or guardian of the juvenile is found
to have contributed to their behavior, they may be ordered to undergo counseling or parenting programs.

Labels attached to status offenders in most states show that they are viewed as juveniles who
need care or services rather than punishment. Child welfare programs and community organizations
sometimes will intervene, especially if neglect has played a role in the juvenile’s offense. If the juvenile
continues to engage in misconduct, though, they may eventually face formal proceedings in court.

JUVENILE DELINQUENCY IN PAKISTAN

Juvenile delinquency is the beginning of criminal elements in the society. Children of every state
are known as its backbone. Every country or state should take care of its youth as it is a natural resource
to recognize, establish and develop the state. Likewise, increase in the literacy rate of juveniles is an
important factor for development. To reduce the rate of delinquency it is necessary that juveniles are the
priority of the country.

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. There are various causes of juvenile delinquency namely; parental
alcoholism, poverty, breakdown of the family, overcrowding, abusive conditions at home, death of parents
during armed conflicts, unemployment, injustice, absence of appropriate laws, gambling, running away
from home, lack of attention by elders, addiction, peer pressure, illiteracy, electronic media, and discord
between siblings count as a few.

A widespread, continuous and chronic behavior by a psychologically identified deviant group,

threatening general well being of society, is termed as antisocial behavior. Antisocial personality is thus
an individual with traits which consequently prohibits him performing as normal being in a society.
Juvenile delinquency, also known as juvenile offending is actually a bio-psycho-social phenomenon.
 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 220 million, half or about 49% are
under the age of 18. Among them, 22% are adolescents of age 10-18. 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.

Juvenile crimes are relatively high in urban areas, particularly in Lahore and Karachi because of
amalgam of different economy classes which consequently increases class conflict. Poorest to richest
difference urges will of crime committing among youngsters.

Government of Pakistan promulgated the “Juvenile Justice System Ordinance 2000, (JJSO
2000),” This was provided for the protection of juveniles involved in criminal litigations. It was proved a
step forward and promulgated immediately. The statuary age in Pakistan is furnished as seven to twelve.
Juvenile between ages 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.

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.

In order to reduce the rate of juvenile delinquency in Pakistan, it is essential to take some
measures, such as the elimination of family conflicts. However, the state should give provisions to avoid
overcrowding, the state should provide job opportunities, ensure justice or give justice which can reduce
delinquency, legislatures should be legislated effectively and the state should ensure its strict
implementation. Parents and elders should pay attention to their offspring. Literacy rate should be
increased by providing free education. Discrimination against juveniles should be finished and electronic
media should not display criminal activities through their channels.

Along with governmental reforms, as an individual of society it’s our social responsibility to work
for the welfare and rehabilitation of these juvenile delinquents. There must be campaigns to make masses
aware about the delinquency and the ways how to react it. Parents, teachers, and all responsible must be
informed and furnished clear-cut concept of juvenile delinquency and factors causing criminal recidivism.
 Chapter No. 6
JUVENILE JUSTICE SYSTEM
OF PAKISTAN

Q. No. Write a comprehensive note on the Juvenile justice system of Pakistan. Suggest
measures for the improvement of Juvenile justice system of Pakistan. (CSS-2017)

Q. No. 4. Discuss some of the functions and responsibilities of Juvenile Justice System. Do you
believe that Juvenile Justice has played its role in prevention of juvenile crimes in Pakistan?
(CSS-2019)

Juvenile Justice System

Prior to promulgation of the Juvenile Justice System Ordinance 2000 (JJSO), Pakistan had no
juvenile law at federal level and Code of Criminal Procedure (CrPc) was the only applicable law in such
cases.
 The need was felt to have unified law applicable throughout the country. The purpose of enacting
JJSO 2000 was to prevent juveniles from hardships, sufferings and adversities of criminal litigation and
reform them in conformity with the present day social requirements. The idea behind the juvenile laws is
that the juvenile delinquents must pass through a judicial process which can help them to come out of the
dilemma and psychological depression that is generated through criminal litigation in the courts.
All the legal actors (Judges, advocates, police officials, probation officers, and borstal institutions)
have to play a very special role in application of the juvenile law to the juvenile delinquents in such a way
where it is ensured that the juveniles feel better than before coming to the court. This special role is to
generate “healing capacity of law.” However, after a decade of promulgation of JJSO, the juvenile justice
in Pakistan is still in the nascent stage. Certain legal measures have been taken in order to implement the
JJSO 2000; however, they are not satisfactory and sufficient. Absence of exclusive juvenile courts has
further aggravated the situation and has created legal hardships for juveniles offenders. Such juvenile
offenders face obstacles in all the four stages of judicial process including investigation, bail, trial, and
sentencing. Close scrutiny of juvenile justice system in Pakistan indicates that proper implementation of
JJSO 2000 is lacking.
The cardinal difference between the juvenile justice system and the traditional criminal justice is
the greater emphasis which is laid on rehabilitation in the former, while retribution is considered as a
primary goal in the latter. In order to protect the children from sufferings of criminal litigation and their
rehabilitation in society and to fulfill its international obligations, the Government of Pakistan promulgated
JJSO in the year 2000.It is aimed at extending protection to children involved in criminal litigation and
their rehabilitation in the society.
The purpose for enacting the Ordinance was to transform the tender aged offenders into useful
citizens of the state by saving them from humiliation and secluding them from the hardened criminals in
traditional jails. Juvenile justice can be defined as the legislations, standards, procedures, mechanisms
and institutions specifically applicable to children, in conflict with the law. The overriding effect is given to
juvenile justice ordinance with an aim to protect and promote children’s fundamental rights and to give
convicted children the greatest possible chance of reintegration into society.
Pakistan is a signatory to the Convention on the Rights of Child (CRC). Article 37 of
the CRC asks state parties to ensure the following:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment without possibility of release shall be imposed for
offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last
resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the
human person, and in a manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults unless it is considered in the
child’s best interest not to do so and shall have the right to maintain contact with his or her family through
correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty
before a court or other competent, independent and impartial authority, and to a prompt decision on any
such action.
 In light of the above and pursuant to Article 25 (3) of the Constitution of Pakistan
1973, Pakistan is under an obligation to safeguard and protect the rights of children. With this backdrop in
mind, it is crucial that laws relating to juveniles should be focused on the disposal of cases through
diversion and social-integration of juvenile offenders and for any law to provide specific procedures to
carry out the same so that these processes can be carried out in an effective manner and in the best
interest of the child. The Juvenile Justice System Act 2018 (JJSA) has been promulgated to deal with
these issues and its predecessor the Juvenile Justice System Ordinance (JJSO) has thereby been
repealed.

Before researching into the merits of JJSA, it is first important to highlight the legal challenges
that arose out of the operation of the JJSO. A common issue under JJSO was determining whether a
juvenile court would have jurisdiction if a juvenile committed a terrorism offence or an offence that fell
under the anti-terrorism court. A perusal of case-law under JJSO shows that there are two categories of
cases. One category states that if a juvenile has committed a terrorism offence, ATC shall have
jurisdiction to try the case whereas the second category states that even if a juvenile has committed an
offence under the Anti Terrorism Act (ATA), it should be tried by a juvenile court, especially in relation to
offences falling under items 1 and 3 of the Third Schedule of ATA (PLD 2006 Karachi 331; PLD 2003
SC 656). The first category of cases was also strengthened by the fact that Section 14 of the JJSO did
not curtail or limit the power of Anti-Terrorism Courts pertaining to a child’s trial but clarified that the
provisions of the Ordinance should have been applied in addition to and not in derogation of any other
law in force for the time being. Furthermore, Section 21-G of the ATA states that all offences under
this Act shall be tried (exclusively) by the Anti-Terrorism Court established under this Act. This lack of
clarity became an issue in determining whether a special court such as an ATC or a narcotics court
should have jurisdiction over a juvenile offence.

JJSA has attempted to deal with this issue. Section 23 of the Act states that the provisions of
the law will have an overriding effect notwithstanding anything contained in any other law in force for the
time being. However, further clarity will still be needed in light of Section 21-G of the ATA and especially
in relation to offences falling under items 2 and 4 of the Third Schedule of the ATA.

Furthermore, JJSA distinguishes between minor and major offences and both of these are
treated as bailable offences for the purpose of acquiring bail. In relation to the investigation of a juvenile, a
juvenile shall not be interrogated by a police officer below the rank of a sub-inspector and the designated
investigation officer shall be assisted by a probation officer or social welfare officer notified by the
government to prepare the investigation report that is to be annexed with the report prepared
under Section 173 of the Cr.P.C.

Perhaps the most welcome change that has been brought about by the JJSA is the disposal of
cases through diversion in Section 9 of the Act. The Act aims to establish juvenile justice committees in
each district meant to dispose of cases with the consent of the accused by resorting to different modes of
diversion 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
the juvenile rehabilitation centre, and written and oral reprimand. This is in the case where the
complainant is not a state functionary.

Additionally, Section 17 of the Act provides safeguards for female juveniles. The Act states that
no female juvenile shall in any circumstance be apprehended or investigated by a male officer or released
on probation under the supervision of a male officer. A female juvenile shall only be kept in a juvenile
rehabilitation centre established or certified exclusively for female inmates.
 The Act also provides for a penalty for disclosing the identity of a juvenile and provides for the
making of Rules under the Act to implement the same.

These provisions will go a long way in reintegrating delinquent juveniles into the society and
improving Pakistan’s compliance with international human rights standards. However, all of this depends
on the proper implementation of these provisions.

Components of Juvenile Justice System

JJS has the following components
 The police
 The Judges
 The advocates
 The prosecutor
 The Defence Council
 The courts
 Probation and Parole
 Borstal Institutions

The role of Police

Contact with a police officer often is a young person’s introduction to the juvenile justice system.
Law enforcement’s role with youthful offender boys and girls under 18 is particularly challenging because
federal law protects young people who commit serious crimes and encourages their return to the
community. The other challenge for police is juveniles commit a disproportionate number of offenses
compared to their population.
1. Court Referrals
Police officers generally bring in or summon young offenders to the police department’s juvenile
division and question, fingerprint, book and, if necessary, detain them. At the time of an arrest, officers
decide whether to refer young offenders to juvenile court or to route these cases out of the justice system.
Police account for most referrals to juvenile court. According to the U.S. Justice Department, 83 percent
of court referrals came from law enforcement agents in 2009. Parents, schools, crime victims and
probation officers made the remaining referrals. In the same year, police departments handled and
released 22 percent of all juveniles arrested. By contrast, the police referred 70 percent of all young
offenders to juvenile court. Under federal law, officers who detain young offenders must keep them
secure while in custody and for a period of no more than six hours. Juvenile arrest procedures differ
across police departments. .
2. Status Offenses
Police officers handle noncriminal behavior known as status offenses involving juveniles.
Skipping school, running away from home and violating curfews are status offenses. Police also intervene
in non-delinquent cases in which youngsters are reported missing or believed to have been abused or
neglected. Officers investigate these situations by interviewing the alleged victims, their parents or
guardians, school officials and others associated with the victims. Police departments often have crime
units dedicated to juvenile matters.
3. Protective Service
Police are charged with protecting the public from crime and general mayhem. For juveniles,
police protection might call for removing children from an abusive home or transporting them to a shelter
or hospital if they’ve been abandoned. Officers are usually the first on the scene when a child is left home
alone, locked inside a car during extreme hot or cold weather conditions or not strapped into a car seat as
required for infants or toddlers. In some districts, police patrol the halls of public schools, especially in
high-crime areas, to deter disturbances that put youngsters at risk of becoming either victims or violators.
4. Education
Police officers sometimes partner with education officials and teachers to deter criminal behavior
among youngsters. Officers visit classrooms as invited guests to warn students about the consequences
of taking and selling drugs, as well as talking to or walking away with strangers who might want to harm
them.
5. Arrest Alternatives
Arrest and detention aren’t the only choices police offer juvenile offenders. Sometimes police
bring young offenders in for questioning, give them a warning and release them to a parent or guardian.
In other cases, police place a juvenile under police supervision for a period of time. Officers occasionally
refer juveniles to a Big Brothers/Big Sisters program, a youth services bureau, a mental health facility or a
social service agency for runaways. When officers refer young offenders to juvenile court, probation
officers take over these cases.
6. Training
Community leaders in some states recognize that police officers need training to work with a
growing population of juvenile offenders. The International Association of Chiefs of Police survey, “2011
Juvenile Justice Training Needs Assessment,” shows that police chiefs generally want officers to learn the
skills needed to work more effectively with young offenders, but often lack the funds and resources for
training. The survey cites the top five areas in which police need training as substance abuse; bullying,
including cyber-bullying; gang activity; sexual, physical and emotional abuse; and chronic criminal
behavior. The survey also cited training in school safety, Internet offenses and handling runaways as a
need for police officers.
 The Courts
(l) The Provincial Government shall in consultation with the Chief Justice of High Court, by notification in
the official Gazette, establish one or more Juvenile Courts for any local area within its jurisdiction.
(2) The High Court may-
(a) Confer powers of Juvenile Court on-
(i) Court of Sessions; or
(ii) Judicial Magistrate of the First Class; and
(b) Appoint, from amongst practicing Advocates having at least’ seven years standing at the Bar,
Presiding Officers of Juvenile Courts with powers of a Judicial Magistrate of the First Class for the
purposes of this Ordinance on such terms and conditions as the High Court may determine.
(3) The Juvenile Court shall have the exclusive jurisdiction to try cases in which a child is accused of
commission of an offence.
(4) Subject to subsection (3), on commencement of this Ordinance, all cases pending before trial Court in
which a child is accused of an offence shall stand transferred to the Juvenile Court having jurisdiction.
(5) The Juvenile Court shall not, merely by reason of a change in its composition, or transfer of a case
under subsection (4), be bound to recall or rehear any witness who has given evidence and may act on
the evidence already recorded.
(6) On taking cognizance of an offence, the Juvenile Court shall decide the case within four months.
Procedure of Juvenile Courts
(l) Juvenile Court shall, unless provided otherwise in this Ordinance, follow the procedure provided for in
the Code.
(2) A Juvenile Court shall not ordinarily take up any other case on a day when the case of a child accused
is fixed for evidence on such day.
(3) No person shall be present at any sitting of a Juvenile Court except-
(a) Members and officers of the Juvenile Court;
(b) Parties to the case before the Juvenile Court and such other persons who are directly concerned with
the proceedings including the police officers;
(c) Such other persons as the Juvenile. Court directs to be present; and(d) Guardian of the child.
(4) At any stage during the course of the trial of a case under this Ordinance, the juvenile Court may, in
the interest of such child, decency or morality, direct any person to withdraw from Court for such period as
the Court may direct.
(5) Where at any stage during the course of the trial of a case, the juvenile Court is satisfied that the
attendance of the child is not essential for the purposes of the trial, the juvenile Court may dispense with
the attendance and proceed with the trial of the case in absence of the child.
(6) When child who has been brought before a juvenile Court and is found to be suffering from serious
illness, whether physical or mental, and requires treatment, the Court shall send such child to a hospital
or a medical institution where treatment shall be given to the child at the expense of the State.
 The Judges
We might characterize as “great” judges are those who work on the other side of complexity.
They understand the law so completely they are able to make it appear as if its application is so easy, so
obvious, so simple that any judge could do it. They are the judges who teach us how to put on our socks
and tie our shoes. They are the judges who have high standards for themselves and for those who work
with them. They are the judges who encourage other judges, and prod them to understand that the power
of the law to mold the public character in socially responsible ways is the strength of our democracy. So
let’s talk about the role of the juvenile court judge – that judge who more than any other is given the
opportunity to mold the public character by influencing society’s youngest and most problematic, and
most vulnerable, members.
It is not enough for a juvenile court judge to know the law and the rules of procedure. A juvenile
court judge also has to understand the rules of evidence, and their applications unique to the juvenile
court. A juvenile court judge has to have at least a familiarity with principles of adolescent development,
family dynamics, educational theory, traumatic abuse (physical, sexual, and emotional), cultural
characteristics, and organizational psychology -- all wrapped up in a temperament of both empathy and
patience.
Over the next few days we are going to be talking about some rather basic material, interspersed,
of course, with some considerably more sophisticated material. Some of you new to the juvenile court
may find it to be a good refresher. Some of you of long experience in the juvenile court may find it to be
maddeningly basic. Let me suggest, however, that we should all think about how important it is to start
with, and agree about, the very basics of what we do – with putting on the socks and shoes – so we can
then use that agreement as the building blocks we need for creating a juvenile justice system built on a
firm foundation of best practice.
But viewed from the other side of complexity – viewed through the lens of adolescent
development, learning theory, motivational interviewing, judicial and prosecutorial resources, victim’s
rights, and on and on – the answer might be the same, but the understanding of the “how” we do it and
the “why” we do it can have a dramatic impact on a child’s life.
Broadly stated, “best practice” is universal and applies to all judges and to all cases; “good
technique” is more elastic, it depends on the nature of the case, the culture and resources of the county,
and is personal to the judge since it draws on the individual judge’s personality and skills.
1. Provide active leadership within the community in determining the needs and obtaining and
developing resources and services for at-risk children and families. At-risk children include
delinquent, dependent and status offenders.
2. Investigate and determine the availability of specific prevention, intervention and treatment
services in the community for at-risk children and their families.
3. Exercise their authority by statute or rule to review, order and enforce the delivery of specific
services and treatment for children at risk and their families.
4. Exercise a leadership role in the development and maintenance of permanent programs of
interagency cooperation and coordination among the court and the various public agencies that
serve at-risk children and their families.
5. Take an active part in the formation of a community-wide network to promote and unify private
and public sector efforts to focus attention and resources for at-risk children and their families.
6. Maintain close liaison with school authorities and encourage coordination of policies and
programs.
7. Educate the community and its institutions through every available means including the media
concerning the role of the juvenile court in meeting the complex needs of at-risk children and their
families.
8. Evaluate the criteria established by child protection agencies for initial removal and reunification
decisions and communicate the court’s expectations of what constitutes “reasonable efforts” to
prevent removal or hasten return of the child.
9. Encourage the development of community services and resources to assist homeless, truant,
runaway and incorrigible children.
10. Be familiar with all detention facilities, placements and institutions used by the court.
11. Act in all instances consistently with the public safety and welfare.
12. To preserve the unity of the family whenever possible or to provide another alternative permanent
family when the unity of the family cannot be maintained.
13. To provide for the care, protection, safety and wholesome mental and physical development of
children coming within the provisions of this chapter.
14. Consistent with the protection of the public interest, to provide for children committing delinquent
acts programs of supervision, care and rehabilitation which provide balanced attention to the
protection of the community, the imposition of accountability for offenses committed and the
development of competencies to enable children to become responsible and productive members
 of the community.
15. To achieve the foregoing purposes in a family environment whenever possible, separating the
child from parents only when necessary for his welfare, safety or health or in the interests of
public safety, by doing all of the following:
(i) employing evidence-based practices whenever possible and, in the case of a delinquent
child, by using the least restrictive intervention that is consistent with the protection of the
community, the imposition of accountability for offenses committed and the rehabilitation,
supervision and treatment needs of the child; and
(ii) (ii) imposing confinement only if necessary and for the minimum amount of time that is
consistent with the purposes
16. To provide means through which the provisions of this chapter are executed and enforced and in
which the parties are assured a fair hearing and their constitutional and other legal rights
recognized and enforced.

 The Advocates
The Prosecutor
The role and responsibilities of the juvenile prosecutor are plentiful and extend well beyond the
courtroom. In fact, in cases involving juveniles, much of the work can and should be done outside the
courtroom. Working collaboratively with other youth-serving agencies in their communities, prosecutors
often play a leadership role in these efforts.
In terms of prevention, prosecutors can play a pivotal role by raising awareness in schools and
public forums on the importance of education and the impact of substance abuse, truancy and mental
health issues on offending. Through early intervention efforts, prosecutors can work with schools and
other agencies to identify the kids who are exhibiting problem behavior or are at risk of offending and
intervene as early as possible. Through the use of diversion programs, young people can be held
accountable yet not get mired in a system that could have severe long-term consequences on their future.
When young people commit offenses that need to be addressed within the juvenile justice
system, we can use policies and programs that focus on holding them accountable, while increasing
positive changes and reducing re-offending. We can make sure that interventions include the family and
that support is provided within the community. Through the use of effective interventions, the juvenile
justice system can provide the motivational fulcrum necessary for change.
While most low-level offenses can be diverted from the juvenile justice system, young people who
are on the pathway to serious offending need our attention. What this means in a practical sense is that
we need to figure out how to identify those kids who pose a threat to community safety and not waste our
limited time and resources on those who do not.
With regard to serious and violent offenders, the justice system must make sure our communities
are protected, and detention may sometimes be necessary. These periods of confinement must be
utilized as opportunities to address the issues that drive offending, such as behavioral health issues.
There also must be more attention paid to education and training opportunities, so that when a young
person leaves a facility, he or she is better equipped to lead a law-abiding live.
 The Defence council
The goal of Role of Juvenile Defence Counsel is to educate judges, prosecutors, probation
officers, and other juvenile justice professionals about the importance of the juvenile defender’s
responsibility to advocate for the client’s expressed interests.
At each stage of the case, juvenile defense counsel acts as the client’s voice in the proceedings,
advocating for the client’s expressed interests, not the client’s “best interest” as determined by counsel,
the client’s parents or guardian, the probation officer, the prosecutor, or the judge. With respect to the
duty of loyalty owed to the client, the juvenile delinquency attorney-client relationship mirrors the adult
criminal attorney-client relationship. In the juvenile defender’s day-to-day activities, the establishment of
the attorney-client relationship is animated by allocating the case decision-making, and practicing the
special training required to represent clients with diminished capacity.
 Probation and Parole
In the existing criminal justice system of Pakistan alternatives to imprisonment have their legal
basis at the pre-trial stage in the form of bail; at the sentencing stage with fines and probation; and at the
post sentencing stage with parole. The public are comparatively more familiar with the term bail and it is
the most commonly exercised non-custodial measure in court settings. In contrast, probation and parole
services are the least practiced alternative, depriving people in conflict with the law of their inherent right
to freedom, family life and of becoming productive citizens of society.
In Pakistan the majority of the prisons are overcrowded, which contributes to the emerging issues
of poor health and hygiene, high risk behaviour (e.g suicide, unprotected and forced sexual contact, drug
misuse), and poor prison management leading to torture, riots and corruption. The lack of proper
rehabilitation services also puts prisoners at a high risk of reoffending, particularly criminalising first time
offenders or those who have committed minor offences. According to the Human Rights Commission of
Pakistan, about 64% of the total prison population is remand prisoners awaiting their court decision.
An effective and efficient probation and parole system can play a vital role in community
rehabilitation of offenders and reducing the prison population, which in turn contributes to better prison
management and the overall improvement of prison conditions. To assess and promote the non-custodial
measures of probation and parole, Penal Reform International conducted this review to study the present
probation and parole system in Pakistan and formulate recommendations for its improvement.
Parole and probation are procedures for release of convicted offenders or adjudicated
delinquents on a conditional basis in order to assist them in pursuing a non-criminal life, with the proviso
that they may be committed or returned to a correctional institution if their behaviour after release fails to
meet standards of the releasing authority. If granted by an administrative agency to someone who already
has served part of a term of confinement this release is usually called parole in the United States and
license in Britain. If granted by a court as an alternative to 6 incarceration this release is generally called
probation . These provisions were primarily promulgated for the benefit of “first time” and offenders seen
as able to reform who are capable of leading a useful and productive life so as to minimise their chances
of becoming hardened criminals due to the effects of imprisonment.

Probation
Question: Define the term Probation. Discuss the conditions of probation. (CSS-2016, 2017)

Under the Probation of Offenders Ordinance 1960, probation is the suspension of the imposition of a
sentence of imprisonment or the postponement of final judgment in a court case. It is a judicial warning
given to an offender for non-serious offence s for the opportunity to reform him/her and commit no more
offences, as well as be subject to additional conditions which may be imposed by the court and under the
supervision and guidance of a probation officer. The Probation of Offenders Ordinance 1960 now
contains 15 sections (after omission of two of its sections). According to section 3, the following courts are
empowered to exercise the power under the said ordinance:
 High Court
 Court of Session
 Judicial Magistrate
 Any other magistrate specially empowered.
The Ordinance empowers the above-mentioned courts to place eligible offenders either on
conditional discharge or probation. According to the Ordinance, the Trial Court may, keeping in view the
age, character, health & background of the offender, and the nature & circumstances leading to the
offence, discharge any offender after due admonishment, who has committed an offence punishable with
imprisonment not more than two years.
Once released on probation, the concerned probation officer is to supervise, monitor and facilitate
rehabilitation of the offender in the community. In practice however, a probation officer's role is ineffective
in the rehabilitation of offenders due to an inadequate institutional and personal capacity. The probation
officer has been assigned an important role in the whole process of preparing and submitting the “social
investigation report” (SIR) to the court. On the directive of the court, a probation officer prepares a SIR
that includes information about an offender's character, background, commission and nature of offence,
home surroundings and other circumstances. In practice, the court put a majority of the cases directly on
probation without a formal SIR.
Such practices on the part of the court need further exploration as this might be either due to the
small number of probation officers, the lack of confidence the court has regarding the professional abilities
and skills of probation officers or the time it takes to provide one, as in a large number of the cases the
courts release people on probation upon confession without asking probation officer for SIR. Whatever
the case may be, the court has the powers to decide whether to put an offender on probation or to decide
against it. SIRs are prepared to assist the courts to arrive at an appropriate decision. The duties and
functions of the probation officer after release of the offender on probation are mentioned in section 13 of
the Probation of Offenders Ordinance 1960 and its Rule 10.
Major duties and functions of a probation officer include:
 Explaining to every probationer placed under his charge, the terms and conditions of his/her
probation order, and if deemed necessary, by warnings, endeavour to ensure their observance of
the order.
 Meeting every probationer under his/her charge at least once a fortnight in the first two months of
his/her probation, and thereafter, subject to the provisions of the officer in charge, keep in close
contact with the probationer, meet him/her frequently, make enquiries into his/her conduct, mode
of life and environments, and wherever practicable, visit his/her home from time to time.
 If any probationer under his/her charge be out of employment, endeavour to find suitable
employment for him/her and assist, befriend, advise and strive to improve his/her conduct and
general conditions of living.
 Encourage every probationer under his/her supervision to make use of any recognised agency,
statutory or voluntary, which might contribute towards his/her welfare and general well-being, and
to take advantage of the social, recreational and educational facilities which such agencies might
provide
 Where a probationer under his/her supervision, who has executed a bond, with sureties under
section 5, is found to have committed any breach of the terms of his/her bond, or to have
otherwise misconducted him/herself, to bring such breach or misconduct to the notice of his/her
sureties.
  Maintain the books and registers and submit reports prescribed under these rules.
 Subject to the provisions of these rules; carry out the instructions of the court in regard to any
probationer placed by the Court under his/her supervision.
Release on probation for children under the Juvenile Justice System Ordinance, 2000.
According to section 11 of the Juvenile Justice System Ordinance:
Child offenders who at the time of commission of an offence has not attained the age of eighteen
years can benefit from the above provision. It is encouraging that releases on probation have increased in
recent years particularly in cases of child offenders; however practice shows in most of the cases release
orders are issued in cases where the state is the party e.g narcotics offences. Cases in which a private
party is a victim, the courts exercise considerable restraint to the extent that even in appropriate cases the
courts do not pass orders for release on probation due to the apprehension that the victim may take the
law into its own hands and resort to revenge 12 outside the court . The overriding influences of special
laws like the Anti-terrorism Act further limit the practice of non-custodial sentencing.
Conditions of Probation
 While the defendant is on probation pursuant to this judgment, the defendant:
 shall not commit another federal, state or local crime;
 shall not leave the judicial district without the permission of the court or probation officer;
 shall report to the probation officer as directed by the court or probation officer and shall submit a
truthful and complete written report within the first five days of each month;
 shall answer truthfully all inquiries by the probation officer and follow the instructions of the
probation officer;
 shall support his or her dependents and meet other family responsibilities;
 shall work regularly at a lawful occupation unless excused by the probation officer for schooling,
training, or other acceptable reasons;
 shall notify the probation officer within ten days of any change in residence or employment, or if
such prior notification is not possible, then within five days after said change;
 shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or
administer any narcotic or other controlled substance, or any paraphernalia related to such
substances, except as prescribed by a physician;
 shall not frequent places where controlled substances are illegally sold, used, distributed, or
administered;
 shall not associate with any persons engaged in criminal activity, and shall not associate with any
person convicted of a felony unless granted permission to do so by the probation officer;
 shall permit a probation officer to visit him or her at any time at home or elsewhere and shall
permit confiscation of any contraband observed in plain view by the probation officer;
 shall notify the probation officer within seventy-two hours of being arrested or questioned by a law
enforcement officer;
 shall not enter into any agreement to act as an informer or a special agent of a law enforcement
agency without the permission of the court;
 as directed by the probation officer, shall notify third parties of risks that may be occasioned by
defendant's criminal record or personal history or characteristics, and shall permit the probation
officer to make such notifications and to confirm the defendant's compliance with such notification
requirement;
 shall pay any fine or obligation imposed by this judgment;
 shall not possess a firearm or destructive device.
PAROLE (CSS-2017)
 Parole refers to the conditional release of prisoners or offenders in certain cases before the
completion of the term of imprisonment to which they have been sentenced. With parole the prisoners
serve the last portion of their sentence in the community after completing a mandatory period of
substantive sentence in prison as required under the good conduct Prisoner's Probational release Act,
1926 and Rules 1927.
Under these rules, the Executive (Home Secretary) of the province is empowered to release
certain offenders on parole. When the provincial government is satisfied that a prisoner's track record or
good conduct behind bars suggests that he or she would likely abstain from crime and would lead a
“useful and industrious life” in the community, it may grant a license of release on the condition that the
prisoner remains under the supervision of a parole officer or a “secular institution or of a person or society
professing the same religion as the prisoner”.
The parolees, under the supervision of a parole officer, are employed on fixed wages and under
specific terms and conditions with the approved employers of the respective provincial R&P Directorates.
Any person or institution can apply to be a potential employer to the R&P Director who, after proper
scrutiny and on the recommendations of the relevant district administration where the potential employer
belong to, decides whether to approve the employer or reject the application if it does not fulfil the
selection criteria. The required standards for the employer include: to be resident of the same province,
being of a good repute, not involved in any illegal trade/activities, being able to provide accommodation,
clothes, food and wages to the parolee.
The monthly wages must be minimum 1000 Pak Rupees and can be more depending upon the
skills of the parolee. The employer deposits the wages in a Bank Account in the name of the relevant
parole officer and at the end of the total parole period the parolee receives the total deposited amount.
The parolee can also get part of the monthly wages for his personal or family use on the approval of the
relevant parole officer. Prisoners may be selected for parole on an application by themselves or their
family members; or on the recommendation of the Superintendent (governor) of the jail. The Assistant
Director and parole officer are also authorised to visit the jails to select suitable prisoners for release on
parole. The evidence shows these visits are not frequently carried out due to a low number of parole
officers and weak coordination between prison management and the parole officers. In most of the
districts, the probation officers have been assigned additional duties of a parole officer to cover the issue
of under-staffing.
Other responsibilities and functions of the parole officer after the release of prisoners on parole
include supervision and rehabilitation of offenders, periodic visits to parolees, collecting wages and
submitting reports to his/her supervising officer (for example to the Assistant Director R&P about a
parolees work performance) and to process any complaints.
In pursuance of the recommendation made by the National Judicial Policy Making Committee
(NJPMC) in June 2009, all the four provinces have established Parole Committees comprising the
Additional Secretary Home (chairman), Director R&P, District Police officer of the concerned district,
Additional Inspector General Prison, Superintendent of the concerned prison, Director Prosecution,
Representative of civil society organization, prominent academic and any other member co-opted by the
chairman. The arrangement of the committee may differ in minor ways in some of the provinces keeping
in view their own available human resources. The role of the committee is advisory and on its
recommendations the Home Secretary approves the cases for parole. This is certainly a positive
development in strengthening the parole system by involving members from a range of relevant agencies.
Common Parole Conditions
A person who has been granted parole is typically still considered a prisoner even though they
may not be required to stay in the prison or jail facility. They are entitled to a certain degree of liberty,
subject to several conditions which they must abide by. The parole board has discretion to place these
conditions on the parole as they deem appropriate, so long as the conditions are not illegal or immoral.
In general the most basic condition associated with parole is the prohibition of behavior by the
parolee that is dangerous or harmful to society. Another common type of condition is the requirement that
the parolee complete a rehabilitation program. Such programs are common with sex offenders and
persons subject to substance abuse.
Conditions of parole can include:
 Reporting in person with a parole officer regularly
 Remaining within a certain defined area
 Obtaining permission before changing employment or residence
 Maintaining steady employment
 Participating in socially acceptable, non-threatening activities
 Completing monthly written reports
 Reporting any instances of arrest, within 24 hours of the arrest
 Abstaining from alcohol and drugs
 Abiding by state and local laws, and other written provisions
 Submitting to searches of a residence, vehicle, or person at any given time by parole officers
 Sex offenders must register under a police registry and are not allowed to live with persons under
18 years of age
The parolee must understand that they are accepting parole subject to all of the prescribed conditions and
limitations. Therefore, the person is bound by them and must comply with them at all times.
Difference between probation and parole
Probation and parole both serve the purpose of community rehabilitation and reintegration of
offenders. The main structural and procedural differences between the two non-custodial sanctions are:
 Probation is given by the judiciary while parole is authorised by the Executives;
 Probation refers to suspending the sentence or postponement of decision while parole is given in
the last portion of the sentence after a prisoner's has completed mandatory imprisonment; and
 the judiciary is responsible for probation revocation while parole revocation is made by the
Executive

 The Bortsal Institution

Prisons in Pakistan and their administration, is a Provincial competency under the Constitution of
Pakistan. Borstal Institutions are also provincial. A Borstal Institution shall provide to the inmates the
facilities of basic education and training for their mental, moral and psychological development, and make
proper arrangement for their health, hygiene, medical care, accommodation, food and facility of meetings
with their relatives.
Pakistan has the 23rd largest prison population in the world and the 5th largest death row
population. Around 64.5% of prisoners are awaiting trial prisoners. 98.6% of prisoners are male, 1.7% is
juveniles and 1.2% of those held are foreign citizens. As of 2018 Pakistan had an official occupancy
capacity for 56,499 prisoners but held 80,145 prisoners.
There are two borstal institutions in Punjab and one in Karachi. Borstal Institution and Juvenile
Jail Faisalabad and Borstal Institution and Juvenile Jail Bahawalpur are in Punjab. Juvenile prisoners are
also kept in the Youthful Offenders Industrial School, Karachi and separate portions of other jails of the
country.
There are 33 juvenile prisons and two borstals in the province, but children are sent to the district
and central jails, sharing space with adult convicts. Children under the age of 16 are kept in police
custody, despite this being against the law. Disturbingly large numbers of child prisoners have
complained about torture and abuse at the hands of the police. They are also made to engage in labour,
despite it being forbidden. It is found that children who had allegedly committed offences related to the
Anti-Terrorism Act or Control of Narcotic Substances Act being tried under those laws and at risk of being
given the death sentence or life imprisonment. Unsurprisingly, It is also found that lack of knowledge and
understanding of the law of the land amongst the very people responsible for implementing it. There was
also a lack of vigilance over the visitors who came to see the juvenile prisoners, with some suspecting
that members of criminal syndicates are given free access to vulnerable children.

In 2018, the Juvenile Justice System Act sought to improve upon the flaws in the Juvenile Justice
System Ordinance (2000), and incorporate the spirit of the UN’s Declaration of the Rights of the Child.
Our justice system particularly where it concerns children must continue to strive towards being more
restorative, not retributive. Juvenile detention centres must provide a safe space for children to learn,
grow and transform. While the walls of the prison are a less-than-ideal confinement for anyone, children
are particularly susceptible to abuse and exploitation. Given that they are not fully developed, to subject
them to unfairness at an impressionable age is risking not only the life and future of the child, but society
at large. More often than not, broken children grow up to be broken adults.
Measures for the improvement of Juvenile justice system of Pakistan
Administrative Measures
 Separate juvenile courts should be created / designated for the trial of children in conflict with the law.
This may increase the workload of existing courts, which problem should be overcome through
gradual increase in the number of judges.
 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.
 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 sensitized to and educated about the manners and
methods of handling children.
 The present system of probation should be properly organized 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
 The Sindh Children Act 1955 has been in force since 1976. The Punjab Youthful Offenders
Ordinance 1983, which is currently enforced only in one district, namely, Sahiwal should be enforced
throughout the Province. Similarly, the provinces of the NWFP and Baluchistan should also
enact/adopt appropriate legislation on the subject.
 The Punjab Youthful Offenders Ordinance 1983, which incorporates fairly modern principles and
 concepts of modern jurisprudence in the area of juvenile justice, may, with further necessary
adjustments/improvements, be adopted as a model juvenile justice code. It should be given
overriding effect, vis-a-vis other laws on the subject. The juvenile courts, due to their experience and
professionalism, would be more appropriate fora for handling juvenile cases.
 The age prescribed by the Sindh Children Act, viz. 16 years, may be uniformly followed all over the
country and children below this age limit should be exclusively dealt-with by separate juvenile courts.
 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.
 Custodial sentences of children should be minimized. The courts while disposing of 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 utilization of his
potential/energies.

JUVENILE CORRECTIONAL INSTITUTIONS AND THEIR ROLE

Once processed in the juvenile court system there are many different pathways for juveniles. Whereas
some juveniles are released directly back into the community to undergo community-based rehabilitative
programs, some juveniles may pose a greater threat to society and to themselves and therefore are in
need of a stay in a supervised juvenile detention center.If a juvenile is sent by the courts to a juvenile
detention center there are two types of facilities: secure detention and secure confinement.
Secure detention means that juveniles are held for usually short periods of time in facilities in
order to await current trial hearings and further placement decisions. By holding juveniles in secure
detention, it ensures appearance in court while also keeping the community safe and risk-free of the
juvenile. This type of facility is usually called a “juvenile hall,” which is a holding center for juvenile
delinquents. On the other hand, secure confinement implies that the juvenile has been committed by the
court into the custody of a secure juvenile correctional facility for the duration of a specific program, which
can span from a few months to many years.
Juvenile detention is not intended to be punitive. Rather, juveniles held in secure custody usually
receive care consistent with the doctrine of parenspatriae, i.e., the state as parent. The state or local
jurisdiction is usually responsible for providing education, recreation, health, assessment, counseling and
other intervention services with the intent of maintaining a youth’s well-being during his or her stay in
custody.
Generally speaking, secure detention is reserved for juveniles considered to be a threat to public
safety or the court process, though in many cases, youths are held for violating a court order. Status
offenders, i.e., juveniles charged with running away from home, alcohol possession, and other offenses
that are not crimes if committed by adults, may only be held for 24 hours or less. While initial case
investigation is completed and other alternatives are arranged.
Within the categories of secure detention and secure confinement for juveniles, the overarching
name of these facilities is residential programs and there are five overarching types of residential
programs where a juvenile may be placed while in court custody. The Office of Juvenile Justice and
Delinquency Prevention found the five types of residential programs for juveniles to be a broad range,
which included detention, corrections, camp, community based, and residential treatment. The reason for
the wide variety in placement options of juveniles is that there does not currently exist a uniform definition
of residential treatment programs. As a result, this creates a lack of uniformity across states and a large
variety of names for secure detention and secure confinement centers for juveniles.
Juvenile Corrections is considered to be a high-security residential facility that provides for the
long-term and safe custody of juveniles who have been adjudicated (i.e. sentenced) by the court for
having committed a felony or multiple misdemeanors. In most cases, a youth’s time in a Juvenile
Corrections setting is long term (months to years) because they have been adjudicated by the court
system as having committed a crime. Juvenile Corrections may be publicly or privately funded and
operated. The continuum of services provided to youth in Juvenile Corrections is determined by state
statute and, at a minimum, should include services, such as treatment plans, that address immediate
and/or acute needs in the educational, mental, physical, emotional and social development of juveniles.
General Principles of the Comprehensive Strategy for Serious, Violent, and Chronic Juvenile
Offenders
a. Strengthen the family.
b. Support core social institutions.
c. Promote delinquency prevention.
d. Intervene immediately and effectively when delinquent behavior occurs.
e. Establish a system of graduated sanctions that holds each juvenile offender accountable.
f. Identify and control the small group of serious, violent, and chronic juvenile offenders.
The following facilities might be provided by the correctional institutions
1. Conducive atmosphere to the convicted juvenile
2. Proper religious education and Adult education in collaboration with prisoner’s authorities
3. Vocational training and technical education to prisoners during their stay in jails to enable them
earn for themselves and their families thus, ensuring their participation in healthy economic
activities
4. The opportunity of group discussions, speeches, seminars about eradication of drug addiction
and other social evils
5. Recreational Activities
6. Medico-legal aid to deserving prisoners in jails
7. Rehabilitative services for prisoners i.e. financial assistance, knowhow and equipment to the
destitute and deserving released prisoners through various sources i.e. Zakat fund, Bait-ul-Maal
and NGOs etc.
8. Social counseling and guidance to the prisoners’ families through case work techniques in order
to keep them away from crimes and to enable them to join healthy activities.

Juvenile probation
Q. Define Juvenile probation. Explain the organization and administration of Juvenile probation
services. (CSS-2021)
 Juvenile probation is a form of community supervision that may include reporting to a supervisory
officer, participating in behavior-change programming, paying victim restitution, being tested for drug use
or other conditions.

The main aim of the probation is to try and correct the behavior of juvenile before they
become adults. This is usually very effective because in most instances, it is quite easy to shape the
behavior of a person while still young other than the behavior of adults.

Juvenile Probation Officers provide investigation and supervision services for juvenile
clients through various probation programs ranging from early intervention, general supervision, intensive
supervision and placement. Juvenile probation is a form of sentencing that allows young offenders to
remain in their communities while under the supervision of the court. During the probationary period, a
juvenile may be required to follow certain terms or conditions.

Probation can be used at the front end of the juvenile’s sentence instead of confinement for
low-risk and first-time offenders, or it can be used at the end of sentencing for those juveniles
incarcerated in a juvenile facility. Children under probation are expected to stay on good behavior.
They go to school, participate in school activities, and return home to finish homework. Some youth
offenders on probation have jobs, and others may be required to work on special projects such as
volunteer jobs in their communities. Though probation is a better alternative than out-of-home
placement, a probation sentence still limits the freedom of a juvenile offender.

Juvenile probation programs are ideally set up to help young people correct their behaviors
without removing them from their communities. These offenders are not adults, and they depend on
their parents or guardians for a place to sleep, food to eat, and clothes to wear. They also, whether
they want to or not, rely on adults to guide them. Juvenile offenders may not want to accept help from
guardians or parents, but juvenile probation officers rely on adults close to the young people to
encourage and assist in the program.

Many youth offenders have learned their lessons in juvenile court or incarceration in juvenile
facilities, and they try their best to follow the rules and sanctions set down by the court. They are
children, however, and are often coerced by peers to “break the rules.” In these cases, the assigned
probation officer relies on the parents or guardians to report case violations.

Violations of the sanctions imposed by the court or failure to live up to the conditions of the
probations will lead to a violation of probation. If this happens, the court could revoke probation and
place the offender in a residential facility, demand more intensive counseling programs, or further
restrict the freedom of the offender.

What Can a Probation Officer and the System do for Delinquent Children?

According to the Office of Juvenile Justice and Delinquency Prevention, more than half of the
cases brought before a juvenile court result in a child being sentenced to probation. In 2010 alone, there
were almost 250,000 juveniles sentenced to probation.

Once sentenced, a juvenile is assigned a probation officer, who usually is responsible for
overseeing that the offender is attending class, working at an acceptable location, and following all the
guidelines and conditions of their sentence. Many probation officers who believe in the system and their
jobs, do more than police a child on probation. They listen, comfort, guide, and provide a friendly shoulder
for the juvenile offender.
 Jurisdictions differ from area to area, but all agree that youth probation officers are more than just
guards over a juvenile’s time. Many probation officers say that incarceration or lock-up is the last resort.
Instead, probation should be used to rehabilitate offenders and lessen the chances that a youth re-
offends. The solution is to get to the root of the problem and steer behavior in the right direction.

Courts and probation systems are moving away from control, coercion, incarceration with no
treatment component, boot camps, and programs that scare children into good behavior programs that
have been shown to cause recidivism.

Probation officers with backgrounds in social work have more of a focus on rehabilitation rather
than punishment. A good probation officer assesses the needs of the child and determines what is best.
All probation officers agree that the most successful programs include the child’s parents and guardians.
Supportive families provide a way for offenders to change their lives and turn toward productive activities.

Children placed in the probation system have successful turnaround statistics when enrolled in
counseling and therapy services that work with their needs and the needs of their families.

Services like Multisystemic Therapy (MST), a scientifically proven intervention tool for at-risk
youth, have good track records for turning around the lives of troubled youth. When a community uses
evidence-based programs like MST in conjunction with their juvenile justice system, several positive
outcomes are returned: cost savings, enhanced public safety, and lower rates of recidivism to name a
few. Though reformation of systems can be a tedious process, communities can start working together
today to play a positive role.

Organization and administration of Juvenile probation services

The main purpose of the method of rehabilitation is neither to punish nor to take revenge upon
the delinquent. The intention behind this method is to help the delinquent children to get proper guidance
and training so that they become normal children and never repeat delinquent acts. The measures taken
for the prevention and treatment of juvenile delinquency in Pakistan are as:

1. Legislative Measures:

Various legislations have been made in Pakistan from time to time to deal with juvenile
delinquency. Some of them may be briefed here.

Currently, the legislative measures for Juvenile justice system are not enough .To give a feeling
of security as well as to protect the juvenile from every kinds of discrimination, juvenile delinquency and to
safe guard them against the damage to their personality the government must do proper legislation to
bring at par with constitutional requirements and international conventions and standards. Unfortunately,
presently one juvenile law exists which is struck down by Lahore High court and no final decision has
been made so far by the Honorable Supreme Court of Pakistan. The legislatures should come up with a
proper legislation which will address all the issues pertaining to the best welfare of child offenders. Most
importantly, the lawyers‟ role is very crucial and they must be involved to come up with the proper law
reforms and legislation for the child offenders.

2. Administrative Structure

Similarly, the government must ensure a proper mechanism and a structure for the juvenile within
the juvenile justice system. The staff that is responsible to look after the juvenile should be equipped with
training as well as they should be train in giving psychosocial support to the Juvenile offenders. The
government should also follow the similar training program already exists in western countries. The must
be sensitize about the issues of the juvenile and must be well equipped with all the necessary training.
Apart from the staff working in juvenile placement institutions, police officers staff from prosecution
department, judges, lawyers, probation officers, and jail staff.

3. Separate Juvenile Courts and Juvenile Institutions

 Throughout the country the judiciary has been overloaded with the pendency as well as disposal
of cases. According to the institution of cases the ratio of judges in each district is very low. Therefore
access to justice cannot be achieved with a small number of judges recruited in different districts of the
country. Due to theses gaps and due to the non-compliance of laws, the juvenile are the most who are
facing trial or detention and facing lot of difficulties. Not a single government till date has allocated a
separate budgetary head for the juvenile cases, reformative schools and education establishment where
they can feel like a normal child and not like a culprit. There is need to make a setup for juvenile within the
existing courts for example separate time or days may be allocated for Juvenile cases. Similarly, the
number of judicial officers/judges may increase and will ultimately resolve the problem. Presently there
are few separate juvenile institutions in the country.

Throughout the country there is no separate Juvenile institution .Therefore separate Juvenile
institution may be established not at provincial level but at district level. The juveniles in prison must be
separated from adults as well as necessary steps must be taken to ensure that they are also safe in
judicial custody.. It is the duty of the government to established committee’s which will be responsible for
making policies and rules for juvenile institutions. The segregation of juvenile from adults will not be
enough; the environment within such places must also take into account and practical steps must be
ensure where they will be exposed to opportunities like education, psychosocial support program and
vocational trainings etc.

4. Juvenile Age for Criminal Liability

In Penal Code of Pakistan (PPC) minimum and maximum age from the exemption from criminal
liability is prescribed, that is 7 years, is minimum and 12 years is maximum, with the exception that the
court must firstly satisfied that whether the offender had enough maturity of understanding the intensity of
the crime. This practice of minimum and maximum age is different in different around the globe. However,
we have the example of some of the countries in the world where the liability in the context of a crime is
still not decided on when we talk about the age but decision is taken on the basis of the mental capability
of child offender as well as the environment where he is living .Since the changes in the Pakistan Penal
code may be very difficult, however the proposed law may be practiced in a such away and the juvenile
court may hear the cases of juvenile offenders. The juvenile courts must decide the cases on the basis of
his/her own experience and professionalism.

Institutions to Rehabilitate Juvenile Delinquents

Preventive measures alone are not enough. Rehabilitative or reformative measures are also
needed to solve juvenile delinquency. Some of the institutions aimed at rehabilitating the juvenile
delinquents are there in Pakistan. They may be briefly examined here.

1. Juvenile Courts:

Juvenile Courts are established in order to treat separately juvenile delinquents from other adult
criminals. Juvenile Courts have their own building, judicial bench and other arrangements. Juvenile
delinquents cannot be tried in ordinary courts. Whenever the juvenile courts are not there they could
however be tried in other courts but on a separate day and at a fixed time so as to keep them separately
from other adult criminals. Juvenile offenders cannot be chained and they cannot be produced to the
courts by the police in their uniform. No advocates are needed to plead for them. The main intention
behind this special treatment is to create positive feelings in the minds of juveniles.

2. Certified Schools:

Certified Schools would be established mainly to give some general education and technical
training to the children. Here the children are sent for long-term treatment. They are run by voluntary
bodies or local authorities with the financial assistance of the government and the public. There are two
types of schools:

a. Junior Schools for boys under 12 and

 b. Senior Schools for boys under 16.

The children are confined here for about 2 to 3 years. The school authorities can also make early
discharge. After their release they are put under the charge of a Welfare or Probation Officer who
watches their activities.

3. Auxiliary Homes:

These Auxiliary Homes would be attached to Certified Schools. Here the convicted delinquents
are kept for some time and studied by a social worker. Later on they can be sent to certified schools
depending upon the nature and attitude of the young offender.

4. Foster Homes:

Foster Homes mostly run by the voluntary agencies and the governments give grants to them.
They must be specially created for delinquent children under 19 who cannot be sent to approved or
certified schools.

5. Reformatory Schools:

In Pakistan where there must be, Reformatory Schools to be established for juvenile. They are
meant for the education and vocational training of delinquent children. The young convicted offenders
below 15 years are detained here for 3 to 7 years. The delinquents are removed from bad environments
through these schools.

6. Borstal Institutions:

Under Borstal system special treatment is provided for adolescent offenders between the ages of
15 to 21 years.

7. Fit Person Institutions and Uncared Children Institutions:

These must be the two nongovernment institutions managed by private bodies and
philanthropists. These institutions should give refuge and protection to the destitute, neglected children,
children in the pre-delinquent stage, and to the delinquent children. Such children and their activities are
supervised by the appointed officers.

A grave problem such as juvenile delinquency cannot be solved by means of legislation and
government efforts alone. For this we need to evaluate the working of the police, juvenile courts, and
other segments of the social control machinery that influences juvenile delinquency. Thus rather than
cutting the weeds from the top it should be destroyed by pulling it out completely. Similarly, in order to get
rid of juvenile delinquency we should destroy the conditions under which it breeds and for doing so a
coordinated effort by the community is the only way out. Governmental as well as private agencies must
work hand in hand with all sincerity and seriousness to find an effective remedy for the problem of juvenile
delinquency. The public attitude towards juvenile delinquents must also change. A juvenile delinquent is a
product of unwholesome environment congenial for the development of his faculties in conformity with
social expectations.

Thus, Juvenile delinquency is a serious and multidimensional problem which is on rise. It is

necessary to deal with this problem with a multidimensional approach. It is crucial to frame a
comprehensive social welfare programme with better resource utilization and emphasis on effective
planning, monitoring and evaluation of the existing programmes.

RECIDIVISM

Q. How far recidivism has been limited by the institution of prison? Explain some of the modem
strategies used in prison for the restoration and reintegration of criminals. (CSS-2019, CSS-2020)
 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. Offenders may reoffend after they return to the community. This re - offense behavior is
known as recidivism. The effect of prison or jail sentences on recidivism is an important issue to those
concerned with public safety and the cost-effectiveness of putting convicted offenders in prison.

A recidivist is someone who has committed crimes in the past and has begun to commit crimes
again, for example after a period in prison. Six prisoners are still at large along with four dangerous
recidivists. Their basic criticism was that prisons do not reduce the crime rate, they cause recidivism.
Recidivism is measured by criminal acts that resulted in re-arrest, reconviction or return to prison with or
without a new sentence during a three-year period following the prisoner's release.

Successful crime prevention strategies must address factors contributing to the large number of
crimes that are committed by individuals who have served a term of incarceration and failed, upon their
release, to integrate the community as law-abiding citizens. In the absence of material, psychological, and
social support at the time of their release, offenders may have a very difficult time breaking the cycle of
release and re-arrest. Short-term prison terms and extended terms of remand in custody provide limited
opportunities for successful treatment and interventions to prevent future recidivism. Community safety
makes it imperative that governments and communities develop effective interventions that will assist ex-
prisoners to successfully reintegrate into the community and avoid further criminality. Managed offender
reentry processes and programs are gaining acceptance and may offer a cost effective way of preventing
crime. There is therefore an increasing focus among policy-makers and practitioners on identifying
programs and strategies that will help prisoners successfully reintegrate back into their communities
without re-offending.

There is no consensus as to whether ex-offender reentry support programs are effective in

assisting reintegration and reducing the rates of recidivism. To date, there have been few evaluations of
existing programs. Many of the current initiatives were developed on the basis of somewhat conflicting
program evaluation findings in related correctional areas (e.g., impact of drug treatment, employment
training, counseling, and community supervision). While there is an abundance of ideas as to what, in
theory, should work, the findings of program evaluations are often disconcerting. Further, the majority of
reintegration programs have not been subjected to controlled evaluations and successful approaches
remain to be identified and articulated. Often, research and practice seem to move on separate tracks.

As the following review will reveal, there is some evidence that positive reintegration outcomes
are attained when factors predisposing a person to criminal behaviour are addressed in a holistic fashion
and when the physical and social needs of offenders are supported both within the prison and after the
offenders' release. Nevertheless, facilitating offender reintegration is a complex task and the impact of
specific interventions is often difficult to measure. The crime prevention goal of these programs is
measured in terms of offender recidivism, a measure that is, in itself, problematic. Estimating recidivism
rates is influenced by how and when reoffending is measured. As well, recidivism may be measured at
different points of a known offender's contacts with the criminal justice system

Reintegration of Criminal

Reintegration refers to the process of reentry into society by people that have been in prison.
Reintegration includes the reinstatement of freedoms not previously had by individuals as a result of
being in prison. This process may occur gradually, as in the case of paroled inmates, inmates finishing
their sentences in halfway houses, or serving the final part of their sentence on home confinement and
gradually granted freedoms. Alternatively, reintegration may occur immediately as in the case of sentence
expiration. In sentence expiration, a person has served the entirety of his or her maximum sentence
behind bars, and the correctional system can no longer legally detain the person.

It's important to remember that prison is essentially a society within a society meaning that while
in prison, there are completely different social guidelines and cultural norms. As a result, returning to the
outside world is not a simple task because a person must reacquaint themselves with how to live on the
outside, in society again, without all of their decisions being made for them. So, it's not uncommon for
persons coming out of prison to want to return to the life they had before prison as a way to adapt to
these changes. However, that lifestyle got them sent to prison in the first place; hence, the reintegration
process is not a simple one. It involves substantial conscious lifestyle changes that are complicated and
difficult.

The offenders identified six factors that they felt influenced their ability to reintegrate and desist
from crime:

(1) Substance abuse;

(2) Employment;

(3) Family support;

(4) Types of friends;

(5) Personal motivation to change; and

(6) Age.

A large majority indicated that drug abuse was a major contributor to their criminal activities. Most
said supports from family, friends, and treatment services were important for successful reintegration.
Those who were successful tended to have both a personal desire to change and a support system that
helped them reintegrate and desist from drug use and crime. Support had more impact among those who
desired to change and those who received support were more likely to perceive that change is possible.

Developing Successful Reintegration Programs

For offender reentry programs, it is becoming clear that successful interventions are those which:

1. focus on a specific target group of offenders and their specific challenges;

2. rely on sound methods for assessing the needs and risk factors of offenders;
3. hold the offenders accountable and responsible for their own choices and their actions;
4. begin while the offender is in confinement in the correctional institution and continue throughout
the offender's transition to, and stabilization in, the community (through care);
5. strike a balance between surveillance and control, on the one hand, and support and assistance
on the other;
6. offer assistance in an integrated and comprehensive manner and address the many inter-related
challenges faced by offenders (e.g. wrap-around interventions);
7. are offered as a coordinated effort of all the agencies involved and supported by strong agency
cooperation (supported by partnerships and interagency cooperation and information protocols,
clear definition of respective roles and responsibilities; and a clear articulation of the services to
be provided and the relevant time frames)
 8. are supported by sound case management practices and adequate information management
systems;
9. Reflect the public safety priorities of the community in which they are developed;
10. Engage the community in both the planning and the delivery of the intervention and fosters strong
community ownership;
11. Have a robust evaluation component that allows the program to evolve, self-improve, and remain
accountable to the community for crime reduction results.

In designing and implementing interventions designed to assist offenders to successfully reintegrate

into the community and to avoid further criminal offending, there are a number of realities that one must
not lose sight of:

1. Ex-offenders are confronted by a myriad of challenges that will predispose them to recidivate
upon release.
2. Many ex-offenders have multiple needs that must be addressed in a holistic manner, including
limited skill sets, substance abuse issues, and an absence of family and community support.
3. It is imperative that institutional and community-based corrections services develop cooperative
partnerships with community-based organizations and NGOs to develop seamless interventions
that mobilize all available resources to assist and, when necessary, supervise known offenders.
4. The crime prevention priorities of each community may vary and so will their priorities for
intervention. There will often be a need to address the specific and, perhaps, unique needs of
visible and cultural minority offenders.
5. Specific attention in Pakistan’s context is required to address the unique challenges posed in
assisting offenders to reintegrate in rural and remote communities.
6. There is considerable potential to further develop, and enhance, the involvement of Aboriginal
communities in assisting ex-offenders to reintegrate into the community.

Chapter No. 7
CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM OF PAKISTAN

Criminal justice is the delivery of justice to those who have committed crimes. Goals include the
rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions
of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons.
Criminal justice is the system of practices and institutions of governments directed at upholding
social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties
and rehabilitation efforts. The term “Criminal Justice” refers to an area of knowledge devoted to controlling
crime through the scientific administration of Police, Court and Rehabilitation/Correctional agencies. It is
an interdisciplinary field making use of the knowledge basis of sociology, psychology, law, public policy
and other related fields.
Criminal Justice is essentially an agency of social control; society considers some behaviors so
dangerous and destructive that it chooses to either strictly control their occurrence or outlaw them
outright. It is the job of the agencies of justice to prevent these behaviors by apprehending and punishing
transgressors or deterring their future occurrence. While society maintains other forms of social control,
such as parental and school-based discipline, they are designed to deal with moral and not legal
misbehavior. Only the Criminal Justice System maintains the power to control crime and punish criminals.
The criminal justice system is the set of agencies and processes established by governments to
control crime and impose penalties on those who violate laws. How the criminal justice system works in
each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or
military installation. Different jurisdictions have different laws, agencies, and ways of managing criminal
justice processes. The main systems are:
The criminal justice system has many aims and objectives. It mainly aims at enforcing the
criminal law, protecting the public by preventing and deterring crime, advising people how to avoid
victimization, and, finally, an efficient and fair application of the law, ensuring the proper treatment of
suspects, defendants, and those in custody. Above all, the prime objective of the criminal justice system
is to ensure that the innocent are acquitted and that the guilty are punished; respecting the basic theme of
criminal jurisprudence that no offence should go unpunished and no innocent should go to jail. We may
safely say that the three main components of the criminal justice system are police, prosecution and
courts. In the following paper, the Criminal Justice System of Pakistan will be discussed.

Criminal Justice System Components

Most criminal justice systems have six components which are law enforcement, prosecution,
defense attorneys, courts, Probation and parole and corrections, each playing a key role in the criminal
justice process.
1. The Police:
The first police force comparable to the present-day police was established in 1667 under King
Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of the
Thames River Police in London, the Glasgow Police, and the Napoleonic police of Paris.
According to the Oxford Handbook on Criminology, the police is an organization, whereas
policing is the function of preventing and detecting crime. In Pakistan, insofar as the organizational aspect
is concerned, each province has its own police organization, like the Punjab Police, Sindh Police, KP
Police and Baluchistan Police. The total number of police personnel in Pakistan is about half a million.
Each province has its own organizational law. The Police Order, 2002 is the organizational law of the
Punjab Police; the KP Police Act, 2017 is the organizational law of the KP Police; the Sindh Police works
under the Sindh (Repeal of the Police Act, 1861 and the Revival of the Police Order, 2002) (Amendment)
Act, 2019, and the Baluchistan Police employs the Baluchistan Police Act, 2011. The powers of policing
are provided by the Code of Criminal Procedure 1898, and all police organizations derive their police
powers from it. The legal framework of policing primarily supports the detection model of policing by
providing the legal basis of investigation and subsequent processes; it provides very limited powers of
preventing crime to the police organizations.
The first contact a defendant has with the criminal justice system is usually with the police (or law
enforcement) who investigates the suspected wrongdoing and makes an arrest, but if the suspect is
dangerous to the whole nation, a national level law enforcement agency is called in. When warranted, law
enforcement agencies or police officers are empowered to use force and other forms of legal coercion
and means to effect public and social order. The term is most commonly associated with police
departments of a state that are authorized to exercise the police power of that state within a defined legal
or territorial area of responsibility.
Law enforcement officers take reports for crimes that happen in their areas. Officers investigate
crimes and gather and protect evidence. Law enforcement officers may arrest offenders, give testimony
during the court process, and conduct follow-up investigations if needed.
2. Prosecution:
The function of the prosecution is to evaluate the evidence collected by the police, and to filter the
quality and quantity of cases to be sent up for trial. Historically, it was part of police organizations.
Following the example of the UK where the UK Crown Prosecution Service (CPS) was founded in 1986,
the prosecution was separated for the first time from police organizations in 1986, but the arrangement
was reversed in 1991. Thereafter, since 2003, separate prosecution departments/attached departments
have been established in all the provinces of Pakistan.
The organization and functions of prosecution departments are governed by separate provincial
laws. Punjab Prosecution Department was established in 2006 under the Punjab Criminal Prosecution
Service (Constitution, Functions and Powers) Act, 2006; the Sindh Prosecution Service works as an
attached department of the Sindh Law Department and its working law is the Sindh Criminal Prosecution
Service (Constitution, Functions and Powers) Act, 2010. Likewise, with some variations, the KP
Prosecution Service (Constitution, Functions and Powers) Act, 2005 and the Baluchistan Prosecution
Service (Constitution, Functions and Powers) Act, 2003 establish prosecution organizations in KP and
Baluchistan.
Prosecutors are lawyers who represent the state or federal government (not the victim) throughout the
court process-from the first appearance of the accused in court until the accused is acquitted or
sentenced. Prosecutors review the evidence brought to them by law enforcement to decide whether to file
charges or drop the case. Prosecutors present evidence in court, question witnesses, and decide (at any
point after charges have been filed) whether to negotiate plea bargains with defendants. They have great
discretion, or freedom, to make choices about how to prosecute the case. Victims may contact the
prosecutor’s office to find out which prosecutor is in charge of their case, to inform the prosecutor if the
defense attorney has contacted the victim2, and to seek other information about the case.

3. Defense Attorneys:
Defense attorneys defend the accused against the government’s case. They are ether hired by
the defendant or (for defendants who cannot afford an attorney) they are assigned by the court. While the
prosecutor represents the state, the defense attorney represents the defendant.

4. Courts:
Courts apply the law to specific controversies brought before them. They resolve disputes
between people, companies and units of government. Often, courts are called on to uphold limitations on
the government. They protect against abuses by all branches of government.
The courts that deal with criminal matters are magistrate and sessions courts. Contrary to the
constitutional courts that are established under the constitution and have a binding effect on the
executive, the magistrate and sessions courts are products of the Code of Criminal Procedure 1898, and
essentially decide facts. The magistrates have charge of different police stations and their working is as
important as of police stations. Owing to their significance, the Chief Justice of Pakistan termed the police
and courts ‘conjoined twins’. The courts adjudicate upon criminal matters by conducting trials in
accordance with the law. The courts of magistrates and additional sessions are present at the level of
tehsil/taluka in every district of the country. All the accused individuals have to be produced before them
within twenty-four hours in accordance with the Constitution (Article 10). The courts follow an adversarial
system of adjudication. Criminal cases are required to be proved beyond reasonable doubt, and the
accused is treated as innocent unless proven guilty.
 Courts are run by judges, whose role is to make sure the law is followed and oversee what
happens in court. They decide whether to release offenders before the trial. Judges accept or reject plea
agreements, oversee trials, and sentence convicted offenders.

5. Parole and Probation:

Parole and probation are procedures for release of convicted offenders or adjudicated
delinquents on a conditional basis in order to assist them in pursuing a non-criminal life, with the proviso
that they may be committed or returned to a correctional institution if their behaviour after release fails to
meet standards of the releasing authority. If granted by an administrative agency to someone who already
has served part of a term of confinement this release is usually called parole in the United States and
license in Britain. If granted by a court as an alternative to incarceration this release is generally called
probation. These provisions were primarily promulgated for the benefit of “first time” and offenders seen
as able to reform who are capable of leading a useful and productive life so as to minimise their chances
of becoming hardened criminals due to the effects of imprisonment.

6. Prison and Corrections:

Prisons work as an attached department to the Home Departments of the provinces. Maintaining
an incarceration-based prison system is a very expensive project for any economy. All over the world, the
trend is to minimize the burden on prisons. In Pakistan, conceptually, every district should have a district
prison and for every division, there should be a central prison; however, in practice, the district and central
jails have not been provided to all districts and divisions of the country. The legal framework of prisons is
very old in the entire country; prisons in all the provinces are constituted and function under the Prisons
Act, 1894, except Sindh, where the Sindh Prisons and Corrections Services Act, 2019 has been enacted
recently. The prison departments in Pakistan also contain corrections facilities that are aimed at providing
skills to the prisoners so that they can rehabilitate themselves in society upon their return. Unfortunately,
due to a lack of investment in corrections, the results of the corrections system are limited and their
facilities are virtually merged into prisons establishments. The regime of parole and probation that work as
alternatives to imprisonment were introduced in 1927 through the Directorates of Parole and Probation
under Home Department. After independence, such directorates were introduced in all provinces within
the Home Departments.
Correction officers supervise convicted offenders when they are in jail, in prison, or in the
community on probation or parole. In some communities, corrections officers prepare pre-sentencing
reports with extensive background information about the offender to help judges decide sentences. The
job of corrections officers is to make sure the facilities that hold offenders are secure and safe. They
oversee the day-to-day custody of inmates. They also oversee the release processes for inmates and
sometimes notify victims of changes in the offender’s status.

Explanation
The study of criminal Justice may be defined as the use of the scientific method to understand the
Administration Procedures and policies of those agencies of Government charged with enforcing the law
adjudicating crime and correcting criminal conduct. The study of Criminal Justice involves analyzing how
their institutions influence human behavior and how they are in turn influenced by law and society.
The basic frame work of the Pakistan Criminal Justice System is found in the Legislature, Judicial
and Executives Branches of the Government. The legislature defines the law by determining what
conduct is prohibited and establishes criminal penalties for those who violate the law, the Courts interpret
the law and determine whether it meets constitutional requirements, the executive branch plans
programs, appoints personal and exercise administrative responsibility for Criminal Justice Agencies. This
can be seen herein under:–
 1. Legislative Branch
2. Executive Branch
3. Courts

Legislative Branch
The state constitution grants authority to pass laws. The primary responsibility of legislatures in
the Justice System is to define criminal behavior and establish criminal penalties. The law making
function involves not only passing bills but also modifying and rejecting them. In addition to establishing
definition of crimes, legislatures also pass laws governing Criminal Justice Procedures. These include
rules and regulations involving the laws of arrest, search warrants, bail, trial Court proceedings and
sentencing. Although the legislature enacts laws, most criminal procedures are established by the Higher
Courts.
The initiative to pass a law may come from a legislator, a criminal justice agency, a public official,
or a group of citizens. The issue is first studied by a legislative committee. Lobbyists and interest group
add their influence and knowledge to the discussion and contents of the proposed bill. The respective
legislative houses are subsequently given the bill for a vote. In Congress and bicameral state legislatures,
if the legislation is not passed in its initial form by both the House of Representatives and Senate, it is
given to a joint legislative committee of both houses to work out a compromise.
A compromise bill is eventually voted on by both bodies. When the bill has been passed, it is
given to the chief executive for his or her signatures. If signed, the bill becomes a law. If vetoed, the bill
may be dropped or referred back to the legislature for reconsideration.
Executive Branch
Executive Power is vested in such public officials as the President, Governors, Prime Minister
and Chief Ministers. They are often actively involved in criminal Justice issues. They have extensive
power of appointments; they appoint judges and heads of the administration agencies such as Police
Officials, Commissioners and the Chief of other several law enforcing agencies. They have also the
authority to remove administrative Personnel. Another important executive function involves the power to
grant pardons for crimes. The President can pardon the criminal, even if appeal of a particular criminal is
dismissed from the higher appellate Court.
The control and prevention of criminal activity and the treatment and reform of criminal offenders
are carried out by the agencies of Government. These public agencies created to maintain order, enforce
the criminal law, provide emergency services keep traffic on streets and highways moving freely and
create a sense of community safety. First is the Police Department, the system and process of criminal
justice depends on effective and efficient police works, particularly when it comes to preventing and
detecting crime and apprehending and arresting criminal offenders. Former Chief Justice of USA Warren
Burger Stressed that:
“The Policemen (or women) on the beat, or in the Petrol car, makes more decisions and exercise
broader discretion affecting the daily lives of people every day and to a greater extent, in many respects,
than a judge will ordinarily exercise in a week.”
The Courts
It is the part of the system that is most venerable, the most formally organized and the most
elaborately circumstances by law and tradition. It is the institution around which the rest of the system has
developed and to which the rest of the system is in large measure responsible. It regulates the flow of the
criminal process under governance of the law. It is expected to articulate the community’s most deeply
held, most cherished views about the relationship of individual and society.”
 The criminal Courts regulate the process by which the criminal responsibility of defendants
accused of violating the law is determined. The Court is expected to convict and sentenced those found
guilty of crimes while ensuring that the innocent are freed without any consequences and burden. The
entire criminal Court process is undertaken with the recognition that the rights of the individual should be
protected at all times. An accused also has the right to be given due process, or to be treated with
fundamental fairness. This includes the right to be present at trial, to be notified of the charge(s), to have
an opportunity to examine the witness and to have favorable witness appear.
The District Courts variously called, the Civil Court, Judicial Magistrate, Senior Civil Court, Addl.
District & Sessions Court and District & Sessions Courts. They often dispense routine and repetitious
justice and are burden with a heavy responsibility. They are not generally equipped to fulfill characterized
by cramped Courtrooms, limited personnel, limited number of Judicial Officer, large number of pending
cases, different tactic of lawyers and the habitual litigants, remain a critical problem in criminal justice
administration.
The High Court and Supreme Court are primarily Appellate Courts that do not conduct criminal
trial. Question of fact decided in the original Court are not ordinarily reviewed in the Appellate Courts.
These Courts deal with procedural errors arising in the lower Courts that are considered violations of
rights guaranteed by State or the constitution. The Appellate Court has the authority to affirm, modify or
reverse decision of the lower Criminal Court.

Objectives of Criminal Justice System

The main objectives of the criminal justice system can be categorized as follows:
 Prevent the occurrence of crime.
 Punish the transgressors and the criminals.
 Rehabilitate the transgressors and the criminals.
 Compensate the victims as far as possible.
 Maintain law and order in the society.
 Deter the offenders from committing any criminal act in the future

Agencies: Formal and informal Justice System

Access to Justice cannot be restricted to lack of legal representation and one’s ability to afford
cost of litigation but it can be defined as the ability to obtain a just and timely remedy for violation of rights
and entitlements and right to equal access to courts as put forth in the national and international norms
and standards. Remedy can be obtained through formal or informal justice systems, also referred to in
some cases as ‘state’ and ‘non-state’ systems (although these systems are in some countries formally
recognised by their constitution or other pieces of legislation). Informal systems include a range of
traditional, customary, religious and informal normative frameworks and mechanisms that handle and
resolve disputes. In Pakistan, the Jirga system in NWFP and Baluchistan and the Panchayats in Punjab
and, the Fasilo and Sulh in Sindh are well-known non-institutional mechanisms for the settlement of
disputes. Two kinds of ADR (Alternative Dispute Resolution) have been practiced in Pakistan; traditional
ADR and public bodies ADR. Jirga/Panchayat can be termed under traditional ADR whereas dealing
dispute through Msalehat Committee may be called public bodies ADR.

Inaccessibility to justice is a defining term attributable to poverty and an impediment to poverty

alleviation, gender equality and cultural bias. Implicit in the concept of the rule of law, is the principle of
equal access to justice and these concepts and principles are vital parts of the UN mandate to reduce
poverty and fulfil human rights expectations and obligations. It includes both strengthening national justice
systems (formal and informal) and developing peoples’ capacity to make claims and demand
accountability. Proper access to justice requires accountable, accessible prompt and effective judicial and
legal systems as well as legal empowerment of all segments of society, including women and children: all
should be enabled to claim their rights, through justice systems both formal and informal. In recognition of
the importance of informal justice systems for poor and disadvantaged people and legal pluralism,
UNICEF in Pakistan has facilitated a study in this field, in order to better understand many facets of these
systems and how they relate and interact with formal justice systems. The aim of this study is to support
programme in the field of justice system reform, and how such reform processes meet the demands of
legal pluralism and to strengthen informal dispute resolution mechanisms.

Despite the challenges, the informal justice system is necessary for enhancing access to justice
for the poor and disadvantaged2 The Islamic justice-legal system did not generally require any lawyers
since the litigants themselves pleaded their own case. Disagreements and disputes were settled within
the organic society through the community as well as formal processes. Concept of mediation or
conciliation is found in the Holy Qur’an. These included conciliation (Solh), mediation (Wasta) and
arbitration (Takhim). In assessing the applicability of Western-based conflict resolution models in non-
Western contexts such as the Arab-Islamic culture area, theoreticians and practitioners alike have begun
to recognize the importance of indigenous ways of thinking and feeling, as well as local rituals for
managing, reducing, and resolving conflicts.

The evaluation and assessment focuses on formal and informal justice systems prevailing in
Pakistan. The project was assigned by the Law & Justice Commission of Pakistan (LJCP) and funded by
the United Nations Children’s Fund (UNICEF). The project was awarded in the month of November 2008.
The objective of the study is to contribute to LJCP’s longer term programming exercise to support the
Informal Justice System. The study was carried out by an independent team between November and
December 2008 and aligned with a survey team who met with Mediators, Arbitrators, Saliseen, litigants,
academics, Journalists, Police and Judiciary.

The people living in rural areas of Pakistan, who comprises more than half of the population of
the country have not benefited from half way implemented agriculture reforms. Moreover, the provision of
education and health services remained nominal and economic opportunities have been very meager
resulting in poor socio-economic development. It was further compounded by corruption in formal justice
system and in most cases criminal elements wield support by both rural political elites and state officials.
Pendency of cases in formal courts increased day by day coupled with lack of accessibility, affordability
and effectiveness at lower level. The major organs of the formal justice sector are the Higher Judiciary
(Supreme Court & High Courts), District judiciary comprising courts of magistrates and sessions judges
which are being supervised and controlled by the High Courts within their jurisdiction/

Furthermore, they are assisted by the law officers at the Federal and the Provincial levels i.e. the
Attorney General’s Office (AGO), and Provincial Advocate Generals’ Offices respectively. Recently
Independent Prosecution Service Department has been established in each province. Institutional
informal justice system is being developed in the country in various forms such as Offices of the Federal
and the Provincial Ombudsman and Federal Tax Ombudsman; Alternate Dispute Resolution Committees
(under Income Tax Ordinance 2001, Custom Act 1969 Sales Tax Act and Federal Excise Act 2005),
Anjuman-e-Masalihat Committees at the Union Council level under Local Government Ordinance, 2001;
and notified saliseen under Small Claims and Minor Offences Ordinance, 2002 (SCMOO). These are
working under the normative standards at national and provincial levels and are facilitating public at large
for dispensing justice through nonjudicial mechanisms. Admittedly, Government functionaries are not
adequately providing necessary infrastructure/services for resolving disputes in far flung areas and,
therefore, the people who do not have easy access to these courts and afford the cost of litigation, seek
alternate venues, thus approaching the traditional/informal justice system which is prevalent/existing near
their place of residence. In different areas these forums of informal justice system are termed in different
denominations.
 The governmental and nongovernmental organizations, International Organizations, funding
agencies, etc., are trying to promote and strengthen informal justice system while efforts are being made
to develop linkages between formal and informal justice systems. Aim of this study is twofold, one to
identify the strengths and weaknesses of both the systems. Secondly, to reconcile and integrate both the
systems and make compatible with the national and international human rights standards. This human
rights based approach is adopted which aims at facilitating and protecting the fundamental rights in
general and vulnerable and marginalized segments of the society such as children, women, minorities etc
in particular.

Criminal Trial Procedure

When any person is apprehended for committing any crime, after investigation that is to be
completed within 14 days u/Sec. 173 of Criminal Procedure Code (Cr PC) he / she is subjected to
rigorous trial in the prescribed criminal court that has jurisdiction in the said matter. Court before
commencement of trial is duty bound to allow an alleged offender to appoint defence counsel of his / her
choice under Article 10 of Constitution of Pakistan. Then Court pronounces a Charge against an alleged
offender that describes the nature of offence and the nature of act or omission that constitutes a specific
crime. Thereafter, prosecution is given an opportunity to present evidence that it has against the alleged
offender. The defence counsel of alleged offender is given full opportunity to cross examine and object to
the prosecution evidence, within the prescribed limits of law.
Though prosecution being the duty of the state is to be conducted by the state appointed
counsels but any person who being aggrieved by the offence can appoint his / her own prosecution
counsel, in addition to the state counsels already duty bound to prosecute. After the prosecution
concludes its evidence the presiding Judge put certain questions u/Sec. 342 Cr PC to the alleged
offender. These questions are very crucial as presiding Judge gives an opportunity to alleged offender to
explain incriminating evidence against him / her. Alleged offender is also given an opportunity to appear
as his own witness. Moreover he / she is also given an opportunity to present documentary evidence and
witnesses in his / her defence. After the conclusion of defence evidence the trial is concluded and the
Presiding Judge pronounces judgment. Judgment could be of acquittal or punishment. In both cases
prosecution and alleged offender has right to appeal against the judgment of the trial court. The appeal is
made to the immediate superior court of the trial court.
Punishment is universally accepted mode of retribution and deterrence. Punishment varies with
the nature of crime. Different punishment can be given for the same crime. But retrospective punishment
and double punishment in any case is specifically prohibited by the Constitution of Pakistan. Article 12
states: “No law shall authorise the punishment of a person for an act or omission that was not punishable
at the time of the act or omission”, similarly Article 13 states: “No person shall be punished for the same
offence more than once”. Article 13(b) also states: “No person shall, when accused of an offence, be
compelled to be witness against himself”.
Constitution of Pakistan specifically demarcates the contours of Criminal Law of Pakistan by
stating unequivocally in Article 9: “No person shall be deprived of life or liberty save in accordance with
law”. And the Law shall never be against the universally accepted Fundamental Rights, this is specifically
and explicitly enshrined in Article 8 of the Constitution of Pakistan.
The fundamentals of criminal law are based on the principle of justice, equity and good
conscience. They provide adequate guidelines for the formulation a rational penal policy. In order to be
influential the criminal law must have four important elements, that is, politically, specificity, uniformity and
penal sanction. The functioning of the criminal justice system is wide enough to achieve its goals and
objectives. Its ultimate goal is undoubtedly to make the society safer for its citizens. Most widely accepted
aims of the criminal law include:
 1. The enforcement of criminal law should reflect the society’s disapprobation for criminal activity
through apprehending, convicting and punishing the offenders.
2. Deterring criminals from indulging in criminal activities and at the same advising the other people
as to how to avoid falling a victim to a crime.
3. Criminal law should be beneficially used to rehabilitate the offenders and incapacitating those
who might otherwise prove to be a potential danger to the society.
4. Ensuring safety and security of people through maintenance of law and order.
5. Helping the victims to get adequate compensation from the offender wherever possible.
6. Efficient and fair application of law ensuring proper treatment of suspects, defendants, those who
are held in custody and witnesses. Also ensuring that the innocents are acquitted without
harassment and guilty is duly punished.
7. Ensuring that criminal justice system is accountable to the society.
CRIMINAL COURTS OF PAKISTAN
Pakistan’s judicial system stems directly from the system that was used in British India as on
independence in 1947, and the Government of India Act 1935 was retained as a provisional Constitution.
As a consequence, the legal and judicial system of the British period continued with due adaptations and
modifications, where necessary, to suit the requirements of the new Republic.
Supreme Court of Pakistan
Supreme Court is the apex court in Pakistan’s court system and is the final arbiter of all legal and
constitutional matters. The permanent seat of the Supreme Court is in Islamabad, while it has Branch
Registries in all four provincial capitals i.e. Lahore, Karachi, Peshawar and Quetta. To visit the website of
the Supreme Court of Pakistan, please click here.
High Courts
High Courts are second tier of courts in Pakistan, and there is one High Court in each province of
Pakistan. There is also a High Court in the federal capital Islamabad. Therefore, following are the five
High Courts:
1.Lahore High Court – for the province of Punjab
2.Sindh High Court – for the province of Sindh
3.Peshawar High Court – for the province of Khyber Pakhtunkhwa
4.Balochistan High Court – for the province of Balochistan
5.Islamabad High Court – for the federal capital city of Islamabad
The High Court is an appellate court for all civil and criminal matters in the respective province.
Civil Justice System and Civil Courts
The procedure of civil justice system in Pakistan is governed and regulated by the Code of Civil
Procedure 1908. This law is enforced through the civil courts. Civil courts in Pakistan are established by
the respective province under different laws titled the Civil Courts Ordinance 1962, which recognizes the
following main classes of civil courts:
1. The court of District Judge;
2. The court of Additional District Judge; and
3. The court of Civil Judge.
All civil courts in Pakistan are subordinate to the High Court and subject to the general
superintendence and control of the High Court; the District Judge has control over all civil courts within
the local limits of his jurisdiction. The High Court is not a civil court.
District Judges are appointed by the Provincial Government in consultation with the High Court.
There is a District Judge for each district in the province. The court of the District Judge is the highest
court of original civil jurisdiction in the district.
Additional District Judges are appointed by the Provincial Government and they perform such
functions of the District Judge as the District Judge may assign.
The power to appoint Civil Judges, to fix the number of Civil Judges and to make rules
prescribing qualifications for recruitment of persons as Civil Judges vests in the Provincial Government.
However, the power to post a Civil Judge to district, the power to determine the local limits of the
jurisdiction of the Civil Judge and the general power to fix the pecuniary limits of the jurisdiction of the
Civil Judge vest in the relevant High Court. The High Courts have, for the purpose of determining the
pecuniary limits of the jurisdiction to be exercised by Civil Judges, placed the Civil Judges in three distinct
classes i.e. Civil Judge 1st Class, Civil Judge 2nd Class, and Civil Judge 3rd Class.
CRIMINAL COURTS OF PAKISTAN

Q. Describe various procedures and problems of Criminal Courts in Pakistan. (CSS-2021)

Pakistan’s judicial system stems directly from the system that was used in British India as on
independence in 1947, and the Government of India Act 1935 was retained as a provisional Constitution.
As a consequence, the legal and judicial system of the British period continued with due adaptations and
modifications, where necessary, to suit the requirements of the new Republic.
Supreme Court of Pakistan
Supreme Court is the apex court in Pakistan’s court system and is the final arbiter of all legal and
constitutional matters. The permanent seat of the Supreme Court is in Islamabad, while it has Branch
Registries in all four provincial capitals i.e. Lahore, Karachi, Peshawar and Quetta. To visit the website of
the Supreme Court of Pakistan, please click here.
High Courts
High Courts are second tier of courts in Pakistan, and there is one High Court in each province of
Pakistan. There is also a High Court in the federal capital Islamabad. Therefore, following are the five
High Courts:
1.Lahore High Court – for the province of Punjab
2.Sindh High Court – for the province of Sindh
3.Peshawar High Court – for the province of Khyber Pakhtunkhwa
4.Balochistan High Court – for the province of Balochistan
5.Islamabad High Court – for the federal capital city of Islamabad
The High Court is an appellate court for all civil and criminal matters in the respective province.
Civil Justice System and Civil Courts
The procedure of civil justice system in Pakistan is governed and regulated by the Code of Civil
Procedure 1908. This law is enforced through the civil courts. Civil courts in Pakistan are established by
the respective province under different laws titled the Civil Courts Ordinance 1962, which recognizes the
following main classes of civil courts:
1. The court of District Judge;
2. The court of Additional District Judge; and
3. The court of Civil Judge.
All civil courts in Pakistan are subordinate to the High Court and subject to the general
superintendence and control of the High Court, the District Judge has control over all civil courts within
the local limits of his jurisdiction. The High Court is not a civil court.
District Judges are appointed by the Provincial Government in consultation with the High Court.
There is a District Judge for each district in the province. The court of the District Judge is the highest
court of original civil jurisdiction in the district.
Additional District Judges are appointed by the Provincial Government and they perform such
functions of the District Judge as the District Judge may assign.
The power to appoint Civil Judges, to fix the number of Civil Judges and to make rules
prescribing qualifications for recruitment of persons as Civil Judges vests in the Provincial Government.
However, the power to post a Civil Judge to district, the power to determine the local limits of the
jurisdiction of the Civil Judge and the general power to fix the pecuniary limits of the jurisdiction of the
Civil Judge vest in the relevant High Court. The High Courts have, for the purpose of determining the
pecuniary limits of the jurisdiction to be exercised by Civil Judges, placed the Civil Judges in three distinct
classes i.e. Civil Judge 1st Class, Civil Judge 2nd Class, and Civil Judge 3rd Class.
Reforming Pakistan’s Criminal Justice System

The ineffectiveness of Pakistan’s criminal justice system has serious repercussions for domestic,
regional and international security. Given the gravity of internal security challenges, the Pakistan Peoples
Party (PPP)-led government in Islamabad, and the four provincial governments should make the reform of
an anarchic criminal justice sector a top domestic priority. The low conviction rate, between 5 and 10 per
cent at best, is unsurprising in a system where investigators are poorly trained and lack access to basic
data and modern investigation tools. Prosecutors, also poorly trained, are not closely involved in
investigations. Corruption, intimidation and external interference in trials, including by the military’s
intelligence agencies, compromise cases before they even come to court. Given the absence of scientific
evidence collection methods and credible witness protection programs, police and prosecutors rely mostly
on confessions by the accused, which are inadmissible in court. Militants and other major criminals are
regularly released on bail, or their trials persist for years even as they plan operations from prison.

Terrorism cases, too, produce few convictions. The failure of prosecutors to achieve convictions in major
cases, such as the June 2008 Danish embassy bombing, the September 2008 Marriott Hotel bombing in
Islamabad, and the March 2009 attack on a police academy in Lahore, has weakened public confidence
in the state’s ability to respond to terrorism. Despite the increasing urgency of reform, Pakistan’s police,
and indeed the whole criminal justice system, still largely functions on the imperative of maintaining public
order rather than tackling 21st century crime. A military-led counter-terrorism effort, defined by haphazard
and heavy-handed force against some militant networks, short-sighted peace deals with others, and
continued support to India and Afghanistan-oriented jihadi groups, has yielded few successes. Instead,
the extremist rot has spread to most of the country. The military’s tactics of long-term detentions, enforced
disappearances and extrajudicial killings provoke public resentment and greater instability, undermining
the fight against violent extremism. Wresting civilian control over counter-terrorism policy, a key challenge
of the current democratic transition, will require massive investments in police and prosecutors,
specifically to enhance investigative capacity and case building.
 Successes in combating serious crime, including kidnappings-for-ransom and sectarian terrorism,
during the democratic transition of the 1990s demonstrate that civilian law enforcement agencies can be
effective when properly authorised and equipped. With the scale of violence far greater today, the
government needs all the more to utilise political and fiscal capital to modernise the criminal justice
sector. Criminal justice cannot, however, be isolated from the broader challenges of the democratic
transition. The repeated suspension of the constitution by military regimes, followed by extensive reforms
to centralise power and to strengthen their civilian allies, notably the religious right, have undermined
constitutionalism and the rule of law. General Zia-ul-Haq’s Islamisation of the constitution and laws during
the 1980s altered the basic structure of parliamentary democracy, introduced religious, sectarian and
gender biases into law and made the violation of fundamental rights not just common practice but a
matter of state policy.

As a result, Pakistan moved farther and farther away from international standards of justice. The
current parliament has, through the eighteenth constitutional amendment, reversed many of these
distortions and added new provisions that, if implemented, may indeed strengthen constitutionalism and
political stability. More legal reforms are needed. Discriminatory religious laws remain in force, and the
justice system is still predisposed towards miscarriage.

Recommendations

To the Federal Government of Pakistan and Provincial Governments:

1. Repeal all laws that discriminate on the basis of religion, sect or gender, including the blasphemy laws,
anti-Ahmadi laws and Hudood Ordinances.

2. Amend the 1997 Anti-Terrorism Act to refine its definition of terrorism to include only those acts that are
large in scale and intend to create a sense of fear and insecurity among segments of the public; and
disband anti-terrorism courts (ATCs) and try terrorism cases in regular courts.

3. Amend the Criminal Procedure Code to establish a robust witness protection program, and make the
protection of witnesses, investigators, prosecutors and judges in major criminal cases, particularly
terrorism cases, a priority.

4. Address over-crowding in prisons by:

a) Enforcing existing bail laws;

b) Holding to account any trial judge failing to set bail where required by law;

c) passing a new law requiring judges to allow bail unless there are reasonable grounds to believe the
prisoner would abscond or commit further offences; and

d) Reforming the sentencing structure for non-violent petty crimes to include alternatives to imprisonment
such as fines, probation and treatment.

5. Guarantee the rights of all prisoners under remand by:

a) Ensuring that prison facilities are fully resourced, including with enough vehicles to transport prisoners
to court on the designated dates;

b) Ensuring that they are taken to court on the dates of their hearings;

c) Taking action against jail authorities who assign labour to remand prisoners, prohibited by law; and

d) Providing free legal aid to remand prisoners who cannot afford counsel.

6. Initiate a broad dialogue with stakeholders, including serving and retired senior police officials, jurists,
criminologists, NGOs and other civil society groups to assess the strengths and weaknesses of the
original Police Order (2002), and produce fresh bills in each legislature to strengthen law enforcement
that have public support and political sanction.

7. Develop mechanisms for individual police stations to articulate resource needs and for these to be
reflected in provincial police budgeting processes.

8. Carry out a comprehensive assessment of the gaps in investigation and prosecution, based on
analyses of crime patterns, with the goal of identifying personnel, training and resource needs at the
national, provincial and district levels; invest in producing cadres of specialists within investigation
branches and agencies, in such fields as kidnapping, homicide, counter-terrorism and cyber-crime.

9. Engage the public as an effective partner in policing by establishing and empowering neighbourhood
committees, citizen-police liaison committees and public safety commissions at the national, provincial
and district level to oversee critical aspects of policing and by ensuring that police have adequate
resources and operational independence.

10. Strengthen the police’s investigative capacity by:

a) Computerizing and maintaining centralised, serviceable records of all FIRs;

b) Amending the Telegraph Act to establish clear protocols for investigators’ access to mobile phone data,
and ensuring that this access is not undermined by the military’s intelligence agencies;

c) Amending the Evidence Act to require investigators to incorporate scientific methods and data in
investigations;

d) Modernizing the police force by enhancing scientific evidence collection, including DNA analysis,
automated fingerprinting identification systems, and forensics, with particular emphasis on the provincial
and district levels; prioritising completion of forensic science laboratories in Islamabad, in the case of the
federal government, and Lahore, in the case of the provincial Punjab government; and allocating
resources for similar laboratories in Sindh and Khyber Pakhtunkhwa provinces;

e) Bringing the national forensics science laboratory under the Federal Investigation Agency, and the
provincial laboratories under the respective criminal investigation departments, while guaranteeing
operational independence and oversight;

f) Appointing highly qualified scientists to head the forensic science laboratories, and making recruitment
open to the private sector, with competitive salaries; and

g) Requiring all potential candidates to the investigation branches to first serve as understudies to senior
investigators; recruiting those who show potential; requiring them to undergo specialised training in
specific fields such as homicide, counter-terrorism, cyber-crime and counter-narcotics; and providing
regular refresher training, including through foreign exposure.

11. Prevent external interference in investigations by:

a) Requiring the approval of the relevant public safety commission before an investigating officer in an
ongoing investigation can be replaced; and

b) Publicizing instances of military interference in investigations, including pressure on the police to

surrender prisoners to the military’s intelligence agencies, and raise such cases with the higher judiciary.

12. Strengthen the criminal prosecution services and police-prosecutor coordination by:

a) Raising police and prosecutors’ salaries;

b) Providing security of tenure to prosecutors, empowering them to reject weak cases, as well as
specialised training in such fields as homicide and counter-terrorism, and integrating it with related police
training programs;

c) Mandating joint police-prosecutor committees to oversee investigations; and

d) Establishing a committee within each prosecution service, headed by the prosecutor general and
comprising respected jurists, to examine the number of cases an individual prosecutor prosecutes,
reasons for trial delays, and the number of convictions and acquittals, including identifying causes for
acquittals.

13. Disband all state-supported lashkars (militias) and take action against any individuals or groups
pursuing vigilante justice, including against alleged militants.

14. Commit to impartial justice and end all deviations from the rule of law and constitutionalism by:

a) Repealing parallel courts systems such as qazi (Sharia), National Accountability Bureau and
antiterrorism courts;

b) Repealing all laws that discriminate on the basis on religion, sect and gender, including the blasphemy
and anti-Ahmadi laws and the Hudood Ordinances; and

c) Prosecuting any civilian or military officials responsible for enforced disappearances, extrajudicial
killings and other human rights violations.

To Pakistan’s Higher Judiciary:

15. Shift the focus of the National Judicial Policy from short-term solutions for speedier delivery towards
establishing a justice system that tackles the primary threats to internal stability and instills public
confidence in the state.

16. Circumscribe the doctrine of the constitution’s basic features by limiting it to amendments that negate
the spirit of parliamentary democracy, judicial independence and federalism, and remove reference to
Islamic provisions, given their vagueness.

17. Respect the separation of powers enshrined in the constitution by:

a) Limiting the Supreme Court’s use of suo motu powers to extreme cases of fundamental rights
violations;

b) Strictly interpreting Article 184 of the constitution to provide a clear definition of “public interest” that
would prevent its broad use or abuse; and

c) Prohibiting the provincial high courts from taking suo motu action, in accordance with the constitution.

18. Strike down all laws that discriminate on the basis of religion, sect and gender, as unconstitutional, if
the government fails to repeal them.

To the International Community, particularly the United States and the European Union:

19. Make Pakistan a strong criminal justice partner by shifting the focus of security assistance to civilian
law enforcement agencies and criminal prosecution.

20. Support the modernisation and enhance the counterterrorism capacity of the police and civilian
security agencies, including by training investigators in modern methods of evidence collection, equipping
forensic laboratories and assisting the computerisation of police records.

21. Send unambiguous signals to the military that illegal detentions, extrajudicial killings and other human
rights violations in the name of counter-terrorism are unacceptable, by conditioning military aid on credible
efforts by the military leadership to hold any military and intelligence officers and officials found
committing such acts to account.

Chapter No. 8

PUNITIVE AND REFORMATIVE TREATMENT OF CRIMINALS

When philosophers say and most of them do that punishment needs to be justified, they are
making a moral judgment. They are suggesting that the practice of punishment is something that, in other
circumstances, would be morally wrong. We can see why this is so: punishment is normally defined as
the deliberate infliction of suffering on an individual by the state, often through a deprivation of money,
liberty, or life. Terminologically this is called ‘hard treatment’ and it is hard treatment that must be justified:
in any other circumstances, this treatment would constitute torture (as infliction of suffering), theft (loss of
money), kidnapping (loss of liberty) or murder (loss of life). When sanctioned by the state, though, it is
considered to be a form of justice.

Punitive treatment is also called retribution. Retribution is defined as something done to get
back at someone or the act of punishing someone for their actions. An example of retribution is when
someone gets the death penalty for committing murder.
 The reformative theory of punishment emphasizes on reformation of offenders through the
method of individualisation. It is based on the humanistic principle that even if an offender commits a
crime, he does not cease to be a human being.

CORPORAL PUNISHMENT

Corporal punishment is a punitive act that inflicts pain. Corporal punishment or physical
punishment is a punishment intended to cause physical pain to a person. It is most often practiced on
minors, especially in home and school settings. Common methods include spanking or paddling. It has
also historically been used on adults, particularly on prisoners and enslaved people.

This punishment has been historically used in schools, the home, and the judicial system. While
this is a general type of punishment, it is often most associated with children, and the U.N. Committee on
the Rights of the Child defined it as “any punishment in which physical force is used and intended to
cause some degree of pain or discomfort.”

While it is less practiced today, physical punishment of criminals, known as judicial corporal
punishment, is still in effect. Judicial corporal punishment is now outlawed in most countries in the
Western Hemisphere but is legal in some other regions, and the most common punishment is whipping or
caning. The main difference between this type of punishment and the others explained above is that
judicial corporal punishment is systematic. It is not an individual choice of the person in power, but a
regulated punishment that is generally uniform across punishers. Therefore, although there is widespread
violence by police and prison guards against those suspected or guilty of a crime, it cannot be considered
judicial corporal punishment because it is not an officially sanctioned punishment.

Medieval methods of corporal punishment were intended to torture as well as punish. Thievery
was punished by amputating the hand of the thief so the public was aware of his crime. Additionally,
gossips were put in a device called a bridle, which was a mask-like object that stuck spikes in the mouth
of the offender which prevented them from speaking or even closing their mouth fully. Other punishments
such as being suspended in cages or placed inside stocks were intended to shame, but cause mild to
moderate discomfort as a side effect.
Later, into the 18th and 19th century, forms of punishment specifically in the West became less
severe and more focused on immediate pain as opposed to torture or public humiliation (with the
exception of the U.S. colonies’ famous tar and feathering). Caning, whipping, and flogging was the most
common, but more serious punishments such as castration were still used for crimes of a sexual nature.
By the middle of the 20th century, most Western nations, and many others throughout the globe
outlawed corporal punishment. In states where this form of punishment is still legal, anything that
constitutes torture is illegal under international humanitarian law. Regardless of the legality, there are also
different degrees to which it is enforced. Therefore, while it may be outlawed nationally, some tribes or
local communities may continue to practice it.
Corporal punishment no longer exists in the legal systems of most developed nations of the world
but Corporal punishment in Pakistan is lawful in the home. Article 89 of the Penal Code 1860 states:
“Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound
mind by or by consent, either express or implied, of the guardian or other person having lawful charge of
that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause
or be known by the doer to be likely to cause to that person.” The courts have confirmed that this article
provides a legal defence for corporal punishment of children.

An important rationale for the use of corporal punishment has historically been that the pain,
injury, humiliation, and degradation it inflicted would deter the offender from committing similar offenses in
the future. It was also maintained that, for instance, the amputation of a pickpocket’s right hand would
lessen his physical ability to commit similar crimes in the future or that the branding of a telltale mark upon
his forehead would alert his potential victims in a crowd to take special precautions while they were in his
vicinity. The claim that corporal punishment is an especially effective deterrent has been refuted by
empirical evidence, however, which shows that offenders who are punished by corporal means are
actually slightly more likely to commit further crimes than are those punished by imprisonment.

IMPRISONMENT
Imprisonment is the act of confining someone in a prison or as if in a prison. Imprisonment is
carried out generally as a penalty imposed by a court. As such penalty, the individual is confined to an
institution. Most obvious modes are confinement in a prison or a private house. Further, a forcible
detention in the street or the touching of a person by an officer by way of arrest are also imprisonments.
Imprisonment restraints of a person contrary to his will. Imprisonment is either lawful or unlawful. Lawful
imprisonment is used either for crimes or for the appearance of a party in a civil suit, or on arrest in
execution. Whereas, unlawful violation of the personal liberty of another is called false imprisonment.
The terms “prison” and “imprisonment” are used interchangeably in a way that the existence of
the first term is a mandatory precondition for the existence of the latter one, or vice-versa. In other words
in criminal justices process, the first term “prison” refers to the place where in the latter term
“imprisonment” is to be taken place; and imprisonment indicates the limitation of inmates’ liberty.
However, different terms are used by different countries and legal systems to explain terms
‘prisoner’, ‘prison’ and ‘imprisonment’. For example in the US different states use different terminologies
like ‘inmate’ and ‘prisoner’; ‘correction’ and ‘imprisonment’ interchangeably.
Of course some legal systems use ‘detention’ instead of ‘imprisonment’ and ‘detainee’
instead of ‘prisoner’. Hence, these above discussed facts show that there is no uniformity in the
use of terms in the criminal justice system of different states. However, after the establishment of
the United Nations organization (UN) and the regional organizations states are adopting uniform
usage of terms through the ratification of binding and normative treaties and standards.
Function of imprisonment
From the historical point of view imprisonment has had different objectives at different times. As
mentioned above, prisons used to serve as a place where detainees awaiting trial or execution stay. In
this case its purpose is aimed at keeping the individuals until conviction or execution.
It is widely known that the purpose of imprisonment is firmly related with the objective of criminal
punishment. Accordingly, the best way to discuss about the function of imprisonment would be to look in
light of the objectives of criminal law. However, looking at the historical point of view on the treatment of
prisoners is of worth.
Typically, inmates in ancient times were put to death or used as slave labor force, but, in most of
these cases, a period of incarceration or detention was preceded. When they were not otherwise
engaged in labor they were held in remote and hostile surroundings, making escape virtually impossible
and these drastic sanctions and inhuman treatments continued until the coming of 18th c Enlightenment.
Following the emergence of rehabilitation and reformation programs, modifications of the various
prison terminologies became feasible. As mentioned above, in the past, prisons were called penitentiaries
or penal intuitions.
Now days, however, the popular name is correctional institutions or correctional facilities.
Similarly a modification is made from the term ‘guard’ to correctional officers and these modifications in
nomenclature emerged with the professionalism of the field of corrections during recent decades and the
desire to modify the harsh images eluted by the terms ‘prison’ and ‘guard’.
 In the past and still now, there has been a lively debate regarding the purposes for establishment
of prisons and sending inmates in to these institutions. Some commentators argue that prisons are
established only to imprison convicted criminals. That is to say their purpose is to punish convicted law-
breakers using imprisonment as a means of retribution. Indeed as Edward Kaufman said, retributive
purpose of imprisonment is necessary for the society, however it is considered as “barbaric” now days.
Imprisonment for retribution may drive a delinquent further along the road of crime through forcing
association with criminal elements and increasing rage toward and alienation from society. Permitting
brutal retribution may stimulate brutal responses not only in the individual but in society as a whole, as in
riot control and war.
Based on the above stated reasonable pitfalls, it is fair to suggest that retribution as a purpose
should be supported by rehabilitation to halt further wrongdoings in the community.
Others insist that their main purpose is to deter offenders from committing further crimes after
they are released and to deter those potential law-breakers from committing crime in the future. That is to
mean the purpose of these institutions is to present convicted offenders from relapsing in to crime after
their release by taking lessons from their first incarceration and the existence of prisons as penal
institutions will make potential law-breakers to be refrained from committing crimes as well. However,
there is an idea that sending someone to prison might not deter him/her from committing crime inside the
prison compound. The same problem can be deducted from the third objective of imprisonment
‘incapacitation’ which is aimed at halting possible commission of crime by the individual prisoner by
putting him in prison. Therefore, the deterrence and incapacitation objectives of imprisonment lonely
cannot realize the aimed purpose of deterring or incapacitating unless it is supported by other
mechanisms like rehabilitation.
Still others advocate that inmates are sent to correctional institutions to be reformed or
rehabilitated. That is to say during their stay in the institutions they will come to realize and learn the
wrongfulness and hazardous effects of committing crime and will further learn skills which will help them
to be a law abiding and productive citizens when they are released. In practical terms, the purposes for
the establishment of prisons could be interpreted as a combination of the above reasons and, therefore,
they are established for more than custody and control.
Now days, the concept of rehabilitation is being claimed as a right based on different international
and regional treaties and standards. This is aimed at striking the balance between the two seemingly
contradicting duties of prison centers ‘humane treatment of prisoners’ and ‘its punitive nature to
maintaining peace and security’.
The International Covenant on Civil and Political Rights (ICCPR), under its article 10 deals on
human treatment of prisoners. It further states that ‘[t]he penitentiary system shall comprise treatment of
prisoners the essential aim of which shall be their reformation and social rehabilitation’. As per this
provision, states parties have the obligation to employ rehabilitation as a main purpose of imprisonment in
their criminal justice system. The United Nations Standard Minimum Rules (UNSMR), which interprets the
rights of prisoners under the International bill of rights, states that;
The purpose and justification of a sentence of imprisonment or a similar measure derivative of
liberty is ultimately to protect society against crime. This end can only be achieved if the period of
imprisonment is used to ensure that upon his return to society, the offender is not only willing but able to
lead a law-abiding and self-supporting life.
In a similar way of expression, under its general comment No. 21, the ICCPR human rights
committee has stated that ‘no penitentiary system should be only retributory; it should essentially seek the
reformation and social rehabilitation of the prisoner. ‘Similar way of expression is used in different regional
treaties and standards.
Generally, the above discussed arguments together with the biding and normative international
and regional treaties tell us that rehabilitation is the main purpose of imprisonment in today’s criminal
justice system. Accordingly, it imposes obligation against states in general and prison centers in particular
to use rehabilitation tools for their prisoners. But, this does not mean the other purposes of imprisonment
will be totally disregarded they will rather use them side by side.
However, the detention or incarceration of prisoners does not mean that all the rights they
have are lost as a result of such detention or incarceration. That is because certain rights like the
right to respect inherent human dignity and human ways of treatment, the right to food and health
care, shelter and Freedoms like freedom of thought, belief and so on are fundamental to human
existence and they are inherent entitlements that come to every person as a result of being
human. As a result, inmates under detention or imprisonment have such and the like fundamental
human rights and freedoms and retain these rights with the exception of those that have been lost
as a result of deprivation of liberty.
REHABILITATION OF CRIMINALS
The concept of rehabilitation rests on the assumption that criminal behavior is caused by some
factor. This perspective does not deny that people make choices to break the law, but it does assert that
these choices are not a matter of pure “free will.” Instead, the decision to commit a crime is held to be
determined, or at least heavily influenced, by a person’s social surroundings, psychological development,
or biological makeup. People are not all the same and thus free to express their will but rather are
different. These “individual differences” shape how people behave, including whether they are likely to
break the law. When people are characterized by various “criminogenic risk factors “such as a lack of
parental love and supervision, exposure to delinquent peers, the internalization of antisocial values, or an
impulsive temperament they are more likely to become involved in crime than people not having these
experiences and traits.
The rehabilitation model “makes sense” only if criminal behavior is caused and not merely a freely
willed, rational choice. If crime were a matter of free choices, then there would be nothing within particular
individuals to be “fixed” or changed. But if involvement in crime is caused by various factors, then logically
re-offending can be reduced if correctional interventions are able to alter these factors and how they have
influenced offenders. For example, if associations with delinquent peers cause youths to internalize
crime-causing beliefs (e.g., “it is okay to steal”), then diverting youths to other peer groups and changing
these beliefs can inhibit their return to criminal behavior.
Sometimes rehabilitation is said to embrace a “medical model.” When people are physically ill,
the causes of their illness are diagnosed and then “treated.” Each person’s medical problems may be
different and the treatment will differ accordingly; that is, the medical intervention is individualized. Thus,
people with the same illness may, depending on their personal conditions (e.g., age, prior health), receive
different medicines and stay in the hospital different lengths of time. Correctional rehabilitation shares the
same logic: Causes are to be uncovered and treatments are to be individualized. This is why rehabilitation
is also referred to as “treatment.”
Correctional and medical treatment is alike in one other way: they assume that experts,
scientifically trained in the relevant knowledge on how to treat their “clients,” will guide the individualized
treatment that would take place. In medicine, this commitment to training physicians in scientific expertise
has been institutionalized, with doctors required to attend medical school. In corrections, however, such
professionalization generally is absent or only partially accomplished.
The distinctiveness of rehabilitation can also be seen by contrasting it with three other correctional
perspectives that, along with rehabilitation, are generally seen as the major goals of corrections.
The first goal, retribution or just deserts, is distinctive in its own right because it is non-utilitarian;
that is, it is not a means to achieving some end in this case, the reduction of crime but rather is seen as
an end in and of itself. The purpose of correctional sanctions is thus to inflict a punishment on the
offender so that the harm the offender has caused will be “paid back” and the scales of justice balanced.
In this case, punishment inflicting pain on the offender is seen as justified because the individual used his
or her free will to choose to break the law.
The second goal, deterrence, is utilitarian and asserts that punishing offenders will cause them
not to return to crime because they will have been taught that “crime does not pay.” Note that deterrence
assumes that offenders are rational, in that increasing the cost of crime usually through more certain and
severe penalties will cause offenders to choose to “go straight” out of fear that future criminality will prove
too painful. This is called specific deterrence. When other people in society refrain from crime because
they witness offenders’ punishment and fear suffering a similar fate, this is called general deterrence.
Finally, the third goal, incapacitation, makes no assumption about offenders and why they
committed crimes. Instead, it seeks to achieve the utilitarian goal of reducing crime by “caging” or
incarcerating offenders. If behind bars and thus “incapacitated,” crime will be impossible because the
offender is not free in society where innocent citizens can be criminally victimized.
In comparison, rehabilitation differs from retribution, but is similar to deterrence and
incapacitation, in that it is a utilitarian goal, with the utility or benefit for society being the reduction of
crime. It fundamentally differs from the other three perspectives, however, because these other goals
make no attempt to change or otherwise improve offenders. Instead, they inflict pain or punishment on
offenders either for a reason (retribution in order to “get even” or deterrence in order to “scare people
straight”) or as a consequence of the penalty (incapacitation involves placing offenders in an unpleasant
living situation, the prison). In contrast, rehabilitation seeks to assist both offenders and society. By
treating offenders, they hope to give them the attitudes and skills to avoid crime and live a productive life.
At times, this attempt to help offenders exposes rehabilitation to the charge that it “coddles criminals.”
This view is shortsighted, however, because correctional rehabilitation’s focus is not simply on
lawbreakers but also on protecting society: by making offenders less criminal, fewer people will be
victimized and society will, as a result, be safer.
A successful rehabilitation of a prisoner is also helped if convicted persons:
 are not placed in health-threateningly bad conditions, enjoy access to medical care and are
protected from other forms of serious ill-treatment,
 are able to maintain ties to the outside world,
 learn new skills to assist them with working life on the outside
 enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing
the use and disposal of any record of data relating to criminal matters.
Methods of Rehabilitation
1. Counseling:
Psychological counseling may be an option instead of incarceration. Those who are subjected to
this treatment option may have to visit an expert for a designated amount of time.
2. Drug and alcohol programs:
 Individuals, such as drivers who are caught drunk driving, sometimes have to go into a help
center in order to have their license reinstated. Drug and alcohol addictions are complicated and some of
these individuals may need help, not imprisonment.
3. Group therapy:
Group therapy is utilized in prisons but may also be put to work outside of these facilities. This
type of rehabilitation puts offenders that may have committed the same type of crime together to talk and
share the reasoning behind why they committed these acts and how they can avoid doing so in the future.
4. Halfway houses:
These institutions work by housing criminals in a facility with a curfew but still allowing them some
freedom, like working a job. Halfway houses often double as a rehabilitation center of some sort for those
who have issues with drugs and alcohol.
The successful rehabilitation of prisoners, in my opinion, has three components. These
components, healing, treatment and education, come from my belief that crime is linked to a problem
riddled society. That is, there is a circular pattern linking abuse, neglect, and ignorance to criminality.
The first step, which must be voluntary, to rehabilitation is healing. Offenders who were abused,
neglected and/or addicted to drugs as children or adults must begin a meaningful healing process (i.e.
through spirituality, addiction recovery…) to understand the dynamics in their lives which lead them down
the wrong path. In addition healing will help offenders gain understanding the damage that their actions
have caused to their victims, themselves and the community.
The second step is treatment. Nobody starts life telling them that they wish to be a drug addict or
a criminal. Once a person reaches the point of deviating from acceptable behavior there should be
therapy and intensive training to repair the damage and to change the mindset of the offender.
Finally, education, education, education! Without the tools to communicate, gain employment and
flourish in society, men will do whatever they have to do to survive even if it means deviating from their
moral compass to commit additional crimes. Education opens doors to healthy, meaningful, clean lives.
 Chapter No. 9
CRIMINAL INVESTIGATION

Criminal Investigation

Q. Enlist and discuss the principles of Criminal Investigation. (CSS-2016)

Q. Write a comprehensive note on the principles of criminal investigation. Illustrate with examples
from Pakistan. (CSS-2017)
Q. What is Criminal investigation? Explain the key principles of criminal investigation. (CSS-2018)
Q. Define Criminal investigation and its principles. Highlight with examples the importance of
modern techniques used for crime detection in Pakistan. (CSS-2020)

Q. What are the principles and techniques of interrogation? How far these techniques have
potential to clear an accused? (CSS-2021)

A criminal investigation is an undertaking that seeks, collects, and gathers evidence of a crime for
a case or specific purpose. A criminal investigator looks for clues and evidence to determine whether
a crime has taken place. In investigation refers to the process of collecting information in order to reach
some goal; for example, collecting information about the reliability and performance of a vehicle prior to
purchase in order to enhance the likelihood of buying a good car. Applied to the criminal realm, a criminal
investigation refers to the process of collecting information (or evidence) about a crime in order to:
(1) Determine if a crime has been committed;
(2) Identify the perpetrator;
(3) Apprehend the perpetrator; and
(4) Provide evidence to support a conviction in court
If the first three objectives are successfully attained, then the crime can be said to be solved.
Several other outcomes such as recovering stolen property, deterring individuals from engaging in
criminal behaviors, and satisfying crime victims have also been associated with the process.
Criminal investigation is an applied science that involves the study of facts, used to identify,
locate and prove the guilt of an accused criminal. A complete criminal investigation can include searching,
interviews, interrogations, evidence collection and preservation and various methods of investigation.
Criminal investigation is all about the following diagram.

A useful perspective on the criminal investigation process is provided by information theory

(Willmer). According to information theory, the criminal investigation process resembles a battle between
the police and the perpetrator over crime-related information. In committing the crime, the offender emits
“signals,” or leaves behind information of various sorts (fingerprints, eyewitness descriptions, murder
weapon, etc.), which the police attempt to collect through investigative activities. If the perpetrator is able
to minimize the amount of information available for the police to collect, or if the police are unable to
recognize the information left behind, then the perpetrator will not be apprehended and therefore, the
perpetrator will win the battle. If the police are able to collect a significant number of signals from the
perpetrator, then the perpetrator will be identified and apprehended, and the police win. This perspective
clearly underscores the importance of information in a criminal investigation.
In legal terms investigation includes all the proceedings for the collection of evidence conducted
by a police officer or by any person who is authorized by a Magistrate in this behalf.
Investigation is,--
 A multidisciplinary approach.
 Involves systematic and logical thinking.
 Requires minutes and detailed inspection.
 Includes observation, examination and fact finding inquiry of witnesses.
 A rigorous process based on evidence.
Goals of investigation:
1. To recognize evidence.
 This is done by a detailed survey and research of crime scene. Everything that is present on a
crime scene may or may not have a probative value; an investigator must be able to recognize
what evidence can be helpful and what should be collected.
2. To Collect Evidence.
Most of the crime scene involves massive physical evidence that can be collected by the
investigator to be later produced in court i-e, empty cartridges, DNA, finger prints and other trace
evidence etc.
Evidence must be labeled properly describing FIR No. No, nature/type of evidence, position and
place of its collection, time, date and name of witness in whose presence such evidence was
collected.
3. Preservation of Evidence.
It is as essential as collection of evidence because if integrity of evidence is compromised it
cannot be made basis for conviction of accused. To achieve this goal chain of custody must be
maintained.
Chain of custody is described as chronological log of handling of evidence from place of
seizure/collection to its presentation in the court of law. It implies principle that there should be no
unauthorized handling of evidence at any stage.
4. Documentation of crime and other proceedings.
 Recording of statement of eye witnesses must be done at crime scene and witness must be
separated before recording their statement eliminating possibility of fabrication.
 Crime sketch that can be scaled or unscaled. But it must show North, important landmarks,
presence of accused and witnesses if any.
 Modern techniques involve crime scene photography at different range, angle and even video-
graphy can be done.
 First inspection note.
 Preparation of inquest report, inquiry statement in cases of murder.

Powers of Police Officers under Code of Criminal Procedure Regarding Investigation

1. Under sec. 156 of the code of Criminal procedure 1898, a police officer is authorized to conduct
investigation in cognizable cases without order of the Magistrate,
2. A police officer may by order in writing require the attendance of any person who from information
given or otherwise appears to be acquainted with the circumstances of the case u/s 160 Cr.P.C.
3. Under Section 161 Cr.P.C. a police officer may examine orally any person supposed to be acquainted
with the facts and circumstances of the case
4. Police officer shall day by day enter his proceedings in investigation diary u/s 172 Cr.Pc.
Principles of Criminal Investigation
These three are the major principles of criminal investigation.
1. Presumption of non-responsibility
The investigation is a neutral, fact-finding process. Reports are presumed made in good faith.
Further, respondents are presumed not responsible. This presumption is overcome only when a
preponderance of the evidence establishes that the Respondent committed the prohibited conduct
charged.

2. Standard of proof
 The standard of proof to find a violation of this policy is a preponderance of the evidence.
Preponderance of the evidence means that based on the totality of evidence and reasonable inferences
drawn there from, it is more likely than not that the Respondent committed the prohibited conduct
charged.

Put another way, the preponderance of the evidence means such evidence that when weighed
against that opposed to it, has the more convincing force and the greater probability of truth.

3. Evidence

Rules of evidence and discovery used in state and federal proceedings are not applicable to the
investigatory process for prohibited conduct. The investigation will consider information that is relevant,
material, and temporally proximate to the conduct at issue; in other words, information that makes the
existence of a fact or inference more or less likely.

Information that is not relevant or is not considered reliable may be excluded during the investigative
or adjudicatory process. For instance, polygraph tests will not be considered in determining whether a fact
exists.

 Character evidence

Character witnesses, statements, or letters are not admissible as evidence and are not considered.
Examples of character evidence include statements, resumes, transcripts, and letters from friends, family,
or faculty.

Other principles of criminal investigation

1. The purpose of an investigation by the Investigative Office is to examine and determine the veracity of
allegations of corrupt or fraudulent practices as defined by each institution including with respect to, but
not limited to, projects financed by the organization, and allegations of misconduct on the part of the
organization’s staff members.

2. The Investigation Office shall maintain objectivity, impartiality and fairness throughout the investigative
process and conduct its activities competently and with the highest levels of integrity. In particular, the
Investigative Office shall perform its duties independently from those responsible for or involved in
operational activities and from staff members liable to be subject of investigations and shall also be free
from improper influence and fear of retaliation.

3. The staff of the Investigative Office shall disclose to a supervisor in a timely fashion any actual or
potential conflicts of interest.

4. Appropriate procedures shall be put in place to investigate allegations of Misconduct on the part of any
staff member of an Investigative Office.

5. The Investigative Office shall take reasonable measures to protect as confidential any non-public
information associated with an investigation.

6. Investigative findings shall be based on facts and related analysis, which may include reasonable
inferences.

7. The Investigative Office shall make recommendations, as appropriate, to the Organization’s

management that is derived from its investigative findings.
8. All investigations conducted by the Investigative Office are administrative in nature.

9. The confidentiality of an internal investigation should be established.

10. To build and maintain public confidence, the police have a responsibility to ensure that investigations
are carried out professionally, ethically, and to an agreed standard.

11. Investigators should have particular regard for vulnerable people and children

12. As far as is operationally practical and having regard to an individual’s right to confidentiality,
investigations should be carried out as transparently as possible victims, witnesses and suspects should
be kept up to date with developments in the case

13. The exercise of legal powers should not be oppressive and should be proportionate to the crime
under investigation

14. Investigations should be conducted with integrity, common sense and sound judgment

15. Effective investigators maintain a balance that recognizes the concerns of all the parties involved

16. Understanding the response to crime assists investigators to build this relationship

17. A professional approach to investigations benefits the victim, the public and the police.

18. Investigators must understand the ways in which victims, witnesses and offenders are likely to
respond when a crime is committed and how best to obtain material from them.

19. The personal and social needs of witnesses and offenders, bearing in mind the duty to provide
reasonable adjustments, which may be relevant when investigating crime

20. Investigators need to be skilled in the following areas:

 the planning required to conduct an investigation and the investigative process

 decision making and how it can be improved by applying the investigative mindset
 investigative and evidential evaluation (which can assist the investigator to determine the value of
material gathered during the investigation)
 creative thinking
 challenging experts
 victim and witness care

Good investigations are based on eight fundamental principles.

1. Investigators must be as independent as possible.

2. Investigators must be trained and experienced.
3. All potentially relevant issues must be identified and, where appropriate, pursued.
4. Investigations must be sufficiently resourced.
5. All relevant physical and digital evidence must be identified, preserved, collected and examined
as necessary.
6. All relevant documentation must be secured and reviewed.
7. All relevant witnesses must be identified, segregated where practical and thoroughly interviewed.
8. The analysis of all the material gathered during the investigation must be objective and based
solely on the facts.
MANUAL OF PRELIMINARY INVESTIGATION

The preliminary investigation is the police agency’s first response to a report that a crime has
occurred. As in every investigative effort, the primary objective of the preliminary investigation is to
determine who committed the crime and to apprehend the offender. The preliminary investigation collects
evidence which supports that a crime has occurred the identification of the offender, and the arrest and
subsequent conviction of the offender. The framework of the preliminary investigation is based on the
following major tasks:

(1) Verification that an offense has occurred;

(2) Identification of the victim, the place of the crime, and the time of the crime;

(3) Identification of solvability factors;

(4) Communication of the circumstances of the crime; and

(5) The identification of those investigative tasks completed and those yet to be done.

Twelve solvability factors are

1. witnesses to the crime,

2. a suspect’s name,
3. knowledge of where a suspect can be located
4. description of a suspect,
5. identification of a suspect,
6. property with identifiable characteristics,
7. existence of a significant method of operation,
8. a description of the car used by the suspect,
9. positive results from a crime scene evidence search,
10. belief that the crime may be solved with publicity
11. reasonable additional investigative effort, and
12. Opportunity for but one person to have committed the crime.

Criminal Investigation Work Plan

Planning for the investigation phase after predication normally considers the following broad
categories of activity as part of the investigation work plan:
 Preservation of evidence
 Witnesses (including identified implicated personnel)
 Records
 Resources
 Forensics
  Equipment
 Logistics, e.g. international travel, travel to rural and remote locations, etc.
These categories are not exhaustive and the plan must be kept flexible so that adjustments can
be made as changes arise and any new information is discovered. The plan is, therefore, a living
document that anticipates and records developments in the investigative process.
Preservation of Evidence:
Since an investigation is a fact-finding process and the facts may be evidence of possible
misconduct, a fundamental element in the planning stage is the preservation of evidence.
Witnesses
Witness testimony is particularly important evidence to collect and critical to any investigation.
Because of the importance and special nature of witness testimony, careful planning is necessary.
Witness recollection fades quickly and can be influenced by external factors such as media reports,
sympathy and even office gossip. The investigation plan must, therefore, include a detailed interview
schedule which addresses issues of:
 Witness availability
 Order of testimony
 Special needs (interpreter, guardian)
 Re-interviews
These elements are inter-related and changes can affect the entire investigation. Accordingly, the
plan should be monitored and adjusted to compensate for scheduling and other factors related to
witnesses. Witness testimony also concerns more general planning issues, such as investigation support.
Records
Records are documentary evidence, regardless of physical form, created or received by a staff
member in connection with, or as a result of, the official work of the United Nations, and remain the
property of the United Nations. Records have the advantage of fixing information in time. However,
records can be lost, damaged, altered or changed for legitimate or sinister purposes. In addition, records
can be moved from initial storage/filing to the offices of individual staff members, other office facilities or
even off-site storage. This can impact the time it takes to trace and obtain those records. Identification of
relevant records is fundamental and the investigation plan must address the means of obtaining those
records. Particular consideration should be given to obtaining electronic records that may be kept on
back-up media that is periodically overwritten.
Resources
A preliminary resource plan must be developed as soon as practical to identify all personnel
required to participate in the investigation, required external expertise, as well as travel and investigation
expenses. The budget(s) to which such expenses should be charged must be checked for available funds
and relevant budget information recorded in the plan. Some locally incurred expenses may be covered at
the mission or on an out-of-pocket reimbursable basis. Nevertheless, financial contingency factors should
be considered in the investigation plan.
Forensic
Forensic analysis should be conducted as soon as possible after discovery of an item to be
analyzed to avoid degradation, damage or loss of samples or information. Plans for examining computer
hard drives, file servers and communication devices that store data electronically should be considered
when assessing the need for preservation of evidence.
Equipment
Investigations may require certain equipment. This must be identified in the investigation plan to
ensure availability when required. The plan should also include pre-mission equipment check on
functionality.

Defects in investigation carried out in Pakistan

Unfortunately investigation in Pakistan is not conducted properly and thoroughly and is
responsible for collapse in Criminal Justice system. Integrity of investigation is very critical for admissibility
of evidence in court of law. Major defects in Criminal investigation in Pakistan are:
1. Lack of proper knowledge of prescribed procedures to conduct investigation
Investigation is a failure in our country due to lack of knowledge, proper training and development
of skills. Common examples of lack of knowledge and skills that results in failure of investigation
are:
 Lack of knowledge of different provisions of law especially when offence falls under
different jurisdictions e.g. provision of Anti-terrorism Act, or provisions of sec. 5(2) of
Prevention of Corruption Act 1947.
 Lack of knowledge as to offense falls under what jurisdiction and which agency shall hold
investigation.
 Lack of knowledge of proper procedure e.g., procedure for proclamation of accused and
seizure of property.
 Lack of training to collect biological and other evidence at crime scene and due to
improper collection important evidence at crime scene is contaminated before it
reaches laboratory for analysis and consequently important evidence is either lost or
compromised at crime scene.
2. Lack of Professionalism:
A major reason for failure of our Justice system is lack of professionalism and
irresponsible attitude towards Criminal investigation. Procedures are not followed and adherence
to standards is not in existence. Investigation process is influenced by media, political pressure
and corrupt practices. Investigators mostly hold panchayats instead of collecting evidence to
support charge or establish guilt. Similarly, opinions as to innocence or guilt are given by police
officer without reasoning and in absence of evidence. They do not verify alibi of accused if
claimed and usually give opinion on basis of suspicion without realizing the fact that determining
the guilt or innocence is the duty of the court and investigation is only confined to collection of
evidence.
3. Biased Investigation, Lack of Impartiality:
Impartiality means decisions must be based on sound reasoning and without any undue
influence or favor to anyone. It is an ability of a person to formulate his decision on the basis of
facts and without being prejudiced. Preconceived notions, conjectures, suppositions,
presumptions and suspicion are different forms of prejudice. There should be no personal belief
or intuition or a judgment not founded on proof or certainty.
Prejudice or bias can seriously affect results of investigation. Various elements can affect
impartiality of an investigator. Bias can take various forms e.g., religious bias, racial
discrimination, gender, ethnicity, sect, class or caste, all can influence investigation. However
there is a distinction between holding a bias and acting as bias.
4. Role of Logic, Good Observation and Good Judgment:
 Every crime is unique. There is no universal formula to investigate a case. A good
investigation requires proper planning. it is a team work that cannot be done in isolation.
Composition of team depends on nature of crime. Crime scene is a scene of incident irrespective
of the whether a Criminal or illegal action has been established.
When arriving at crime scene an officer must determine what offence has been
committed and what level of investigation he is required to conduct. It is common that
investigating officers do not apply their own reasoning and are only confined to story narrated to
them by witness. Even in that case they even do not bother to corroborate their testimony, verify
presence of witness at the spot and collect other circumstantial evidence, usually police officers
acts in mechanical way by recording FIR, statement of witness, drawing rough sketch, making or
planting recovery and then submission of challan.
5. Integrity:
Twisting of facts is not very uncommon. It happens in almost in every case. Facts are
twisted by parties in order to either involve innocent or to destroy evidence. In unseen murder
case usually witness are planted, in dacoity cases usually identification parade are not held,
instead this requirement of law is fulfilled by insertion of supplementary statement that never
discloses source of information. Observations made are not brought on record. Confession are
not recorded before Magistrate and police confession forms part of police diary which is neither
admissible nor can secure conviction.

6. Improper Documentation:
The gravest defect of our investigation is improper and inadequate documentation. Court
can formulate opinion only on basis of those facts that are relevant and are brought on record. If
statement of an important witness is not reduced to writing by a police officer, how court can
determine facts that were witnessed by a witness which is not included in the calendar of
witnesses by police officer during submission of challan.
Similarly omission on part of the police officer to mention the description of crime scene,
position of body and articles found on crime scene can seriously destroy prosecution case.
Usually police officers do not take into possession crime empties and thus prosecution is
deprived of opportunity to prove an important piece of evidence that can establish link between
crime, victim and suspect.
7. Chain of Custody:
It means documentation of evidence from time to time when it was taken into possession
describing time, place or condition, or brief description of item and name of persons/witnesses in
whose presence such articles were taken into possession to its production in laboratory/agency
or court. It also signifies that there should be no unauthorized handling of evidence.
It is very common that proper chain of custody is not maintained and report of expert i-e,
ballistic expert, chemical examiner, serologist become inconsequential which results not only in
damage to prosecution case but also amounts to wastage of time and money consumed in
obtaining expert opinion.
8. Delay:
Delay which is unnecessary has fatal impact on fate of Criminal case. Delay on part of
police in sending corpse for postmortem examination, delay in recording statement of witness,
delay in holding identification parade, and delay in sending parcels to laboratory for expert
opinion are all considered fatal to prosecution case and this delay is caused by negligence of
police.
Remedies:
Following measures can be taken to rectify the above defects:-
 1. Reorganization of investigation wing:
An investigator should be authorized to investigate the case on basis of his qualification,
experience and training. For major offences like murder, rape, forgery/fraud, electronic
crimes, kidnapping investigator should have relevant expertise to investigate that crime.
An investigator who have never conducted investigation in forgery should not be allowed
to investigate that offence instead of this he should be assigned task according to his
expertise and interest and knowledge.
2. Development of investigation protocols:
It is very important to develop various protocols in shape of guidelines and instructions or
standard procedures that must be followed in investigation of different offences. For example
an investigation of a murder case should include more than just formality of injury statement
and inquest report and conducting postmortem. Various steps of investigation must be
described and there should be a clear policy statement regarding procedure and proceedings
of investigation. Police trainings must be carried out in letter and spirit rather than being
conducted as formality
3. Development of professional attitude:
Police officer should develop professional attitude. Government and our media also plays
vital role. Both government and media should stop exploitation and should not interfere with
process of investigation. Media should be briefed only when investigation has been
completed. Political parties should not dictate police officers rather they should be allowed to
proceed with investigation without being influenced. Illegal practices of holding panchayats,
formulating opinions of investigation on basis of oath, and deciding cases in police station
must be stopped. It is duty of police to collect evidence without compromising its integrity and
it is duty of court to determine guilt or innocence on basis of evidence. An investigator is not
party to Criminal case. He must be impartial.
4. Independence of investigation wing
Investigation wing of police must be independent. There should be no interference at
level of investigation. It often happens that media causes exploitation of cases and this
causes undue harassment and biased investigation. Similarly political pressure groups must
not be allowed to approach the officials. Another important aspect in this respect is frivolous
registration of cases must be strongly discouraged
5. Punishment of investigator for corrupt practices:
Investigators who are properly trained and skilled in investigation if destroy evidence or
temper it, they must be punished exemplary to have deterrent effects. However it must be
kept in mind before punishing an investigator that whether he had willfully caused destruction
of evidence or not because parties may often lodge frivolous complaints against police
officers and gross negligence are sometimes remains unchecked. There must be clear and
logical criteria for punishment.
6. Proper Training & Continuous Professional Development:
Due to rapid development of technology, investigators must be provided with training and
continuous development. Incentive should be given on basis of merits otherwise they shall
further deteriorate the existing system.
Intelligence Operations
Criminal Intelligence is information compiled, analyzed, and/or disseminated in an effort to
anticipate, prevent, or monitor criminal activity. Criminal intelligence is developed by using surveillance,
informants, interrogation, and research, or may be just picked up on the "street" by individual police
officers.
 An intelligence operation is the process by which governments, military groups, businesses, and
other organizations systematically collect and evaluate information for the purpose of discovering the
capabilities and intentions of their rivals.
Tradecrafts a term used within the intelligence community to describe the methods, practices,
and techniques used in spying and underground investigations. Whether the practitioner is a covert agent
for the government or an identity thief and con man, the methods, practices, tactics, and techniques are
often the same and sometimes learned from the same sources. It reveals how intelligence officers and
investigators conduct their tradecraft. how to plan an operation, how to build an identity and cover story
for deep cover operations, and how to detect those who have created false identities for illegal purposes.
It is also important for technical aspects of intelligence, counterintelligence, and criminal investigations,
and legal considerations for conducting intelligence investigations.
Depending on the type of organization involved, intelligence operations can result in many
different types of information. Strategic or national intelligence is information about foreign nations that is
collected by governmental intelligence agencies. Strategic intelligence commonly encompasses national
security, political, economic, and social trends in the target nation. Military intelligence is produced by
specially trained military or civilian analysts and usually includes the strengths, weapons technology, and
estimated military capabilities of actual or potential enemies. Industrial intelligence is information gathered
by a business firm concerning its rivals in the marketplace.
Political intelligence, as practiced in the United States, is usually concerned with ascertaining the
campaign strategy of a political opponent. Political intelligence can also apply to the efforts of a ruler to
uncover conspiracies. Counterintelligence embraces the wide variety of activities undertaken to forestall
an adversary’s intelligence efforts. This is accomplished by physically protecting one’s own sensitive
information and by penetrating and disrupting hostile intelligence organizations.
Covert operations are often undertaken by intelligence agencies, but these are distinct from
intelligence operations whose purpose it is to gather information. Covert operations are activities aimed at
the disruption of another nation’s political process: they can include the dissemination of propaganda, the
encouragement of dissidents, acts of sabotage, and even assassination.
 Collection
Collection conducted by a governmental agency or a business firm, intelligence operations follow
the same pattern. The first step in generating intelligence is always the collection of information. Overt
collection is the acquisition of non-secret “open source” material. To obtain highly sensitive information,
however, it is usually necessary to resort to clandestine, or secret, collection.
Intelligence derived from clandestine collection generally falls into three categories: human
intelligence, signals intelligence, and photographic intelligence. Human intelligence is simply information
gathered by and from human agents. Espionage, or spying, is one time-honored method of obtaining
human intelligence. Whereas other forms of clandestine collection often provide a greater volume of
information, especially data of a technical nature, human intelligence is essential for uncovering the
thinking, as opposed to the activity, of the adversary.
A second form of clandestine collection is known as signals intelligence the interception of
electronic communications and other emissions. Signals are intercepted by a variety of methods,
including the tapping of telephone lines and the monitoring of radio transmissions. Messages intercepted
in this manner are often in code. Cryptology, the study of making and breaking codes, has become a
science in itself over the years.
 Evaluation and Utilization
 The collection of raw intelligence is not an end in itself. Raw intelligence must be combined with
related data, significant information must be identified, and extraneous material (“noise”) deleted.
Computerized data storage systems aid greatly in bringing together the related pieces of information that
make up a complete intelligence picture. Human intuition and creativity play important roles in developing
the “informed guesses” that fill gaps in the picture. This process of digesting raw intelligence, known as
evaluation, yields a product that is usable by policymakers. It is up to the policymaker to utilize the
intelligence that he or she receives in a timely and responsible manner.
One of the greatest intelligence achievements in history, the British “Ultra secret” of World War II,
clearly illustrates the relationships that exist among collection, evaluation, and utilization of intelligence.

DATABASE INVESTIGATION
A database is a collection of data or information which is represented in the form of files or a
collection of files. Retrieving the data from the database can be done with a set of queries. Database
forensics can be defined as the application of computer investigation and the analysis techniques to
gather the evidences from the database to present them in a court of law. A forensic investigation needs
to be done on the databases, because a database has sensitive data where there is a high chance of a
security breach by the intruders to get this personal information.
Database investigation normally belongs to computers and databases.
Computer technology is the major integral part of everyday human life, and it is growing rapidly,
as are computer crimes such as financial fraud, unauthorized intrusion, identity theft and intellectual theft.
To counteract those computer-related crimes, Computer Forensics plays a very important role. “Computer
Forensics involves obtaining and analysing digital information for use as evidence in civil, criminal or
administrative cases.
Database Investigation generally investigates the data which could be taken from computer hard
disks or any other storage devices with adherence to standard policies and procedures to determine if
those devices have been compromised by unauthorized access or not. It Investigators work as a team to
investigate the incident and conduct the forensic analysis by using various methodologies.
Principles of Database Investigation
The following are the main principles for database investigation
1: Data stored in a computer or storage media must not be altered or changed, as those data may be
later presented in the court.
2: A person must be competent enough in handling the original data held on a computer or storage media
if it is necessary, and he/she also shall be able to give the evidence explaining the relevance and course
of their actions.
3: An audit trail or other documentation of all processes applied to computer-based electronic evidence
should be created and preserved. An independent third party should be able to examine those processes
and achieve the same result.
4: A person who is responsible for the investigation must have overall responsibility for accounting that
the law and principles are adhered to.
Model of database investigation
Database investigation is to identify the evidences, preserve those evidences, extract them,
document each and every process, and validate those evidences and to analyze them to find the root
cause and by which to provide the recommendations or solutions.
 ELECTRONIC INVESTIGATION
Electronic Investigation refers to the scientific study and inquisition of electronic devices like
computers in a way that is accordant with the rules of evidence extraction and with the rules of litigation
procedure. To explain a lay man we can say that it can be considered as the application of electronic
methodologies to computer based materials. Although it is generally thought of as a part of the traditional
forensics arena. But it requires vast knowledge of computer software and hardware details for the
purpose of avoiding the destruction of important evidence.
Now the question that comes around is extraction of what kind of evidence? It refers to
investigation of culpable evidence which can be extracted from a computer’s hard drive and preparation
of evidence for presentation in the court. Here, the information is already present on the hard-drive of the
system but it is in hidden form. It also refers to the searching of data from unallocated disk space for
retrieving copies of files which has been damaged, deleted or encrypted. So basically, the investigators
have to carve out data so as to produce it as evidence in the court.
Methodology behind Electronic Investigation
Experts follow a set of standard rules while carrying out the investigation case. They physically
isolate the computer which is being suspected to ensure that it is not further contaminated. For this they
also make it a point to make a digital copy of the hard drive and all the investigation is carried out on this
digital copy.
The experts adopt well-defined procedures and work together as a team for a successful digital
investigation. While conducting the process of gathering data, the expert makes it a point to document all
those valuable information in a well-structured format.
With the rapid growth experienced in technology, the technical skills need to be also expanded. A
normal investigation procedure consists of the following parts.
 Detection of network intrusion
 Evaluation of threats and other vulnerabilities
 Forensic investigation on data
An electronic examination reveals lot of information like when a document first appeared on a computer,
the date on which it was last edited, etc. All these information can bring out a great change in
investigation procedures. To sum it all, the electronic procedure consists of the following basic steps.
 Identification of evidence
 Preservation of evidence
 Extraction of probative evidence
 Interpretation and necessary documentation
 Presentation of evidence in the court by adhering to the rule

FORENSIC INVESTIGATION

Q. How the forensic science is a helpful tool in the modern day for determining
and detection of violent crimes? (CSS-2019)

The term forensic investigation refers to the use of science or technology in the investigation and
establishment of facts or evidence to be used in criminal justice or other proceedings. Forensic
investigation is a rather broad field with many different subdivisions. One of the most important aspects of
criminal justice is forensic science, or the practice of scientifically examining physical evidence collected
from the scene of a crime or a person of interest in a crime. Many people consider forensic science the
application of science to law enforcement.
If there are no known witnesses to a crime, sometimes forensic evidence is all prosecutors have
to work with. For instance, if human remains are found dumped in a ravine and have decayed to the point
where they cannot be recognized, forensic scientists use DNA from the body, examine dental work and
even study the skeletal structure to determine who the person was. They use the evidence they have to
narrow down possibilities and determine if the person was a male or a female. Sometimes forensic
scientists can determine cause of death and if foul play may have been involved.
Two of the most common crimes that are determined in the forensic science lab are drug-related
crimes and sex crimes. It is in the crime lab that the chemical makeup of an unidentified substance
recovered from a suspect is determined to be cocaine, marijuana or a controlled substance. This is used
as evidence in court to prove that a person was in possession of illegal drugs. Forensic toxicology can
determine if a person was drunk or high behind the wheel of a car after a fatal accident, or if someone
was poisoned to death. DNA evidence recovered from a victim’s body can help determine who was
responsible for a physical or sexual assault. This evidence is commonly used in court to put sex offenders
and child molesters behind bars, and to set innocent people free.
Weapons testing, or ballistics, are another important part of forensic science. Forensic scientists
use their knowledge of ammunition and study the impact of a bullet to determine how many shots were
fired, where a shooter was standing when he or she fired, and even if a victim was shot at point blank.
Forensics is also important in identifying the culprits of various cyber crimes. Databases are
searched, IP addresses are traced and documents are recovered by computer forensic specialists to
determine who was responsible for stealing funds electronically. This evidence is used to prove a
suspect’s guilt for major white collar crime, such as Ponzi schemes, embezzlement and fraud.
Evidence and Forensic Investigation
At a crime scene, there are often tiny fragments of physical evidence such as hairs, fibers from
clothing or carpeting, or pieces of glass that can help tell the story of what happened. These are referred
to as trace evidence, and can be transferred when two objects touch or when small particles are
disbursed by an action or movement. For example, paint can be transferred from one car to another in a
collision or a hair can be left on a sweater in a physical assault. This evidence can be used to reconstruct
an event or indicate that a person or thing was present.
Careful collection of materials from a crime scene can yield a wealth of information about where a
sample came from and how it helps to tell the story. Scientists examine the physical, optical and chemical
properties of trace evidence and use a variety of tools to find and compare samples, and look for the
sources or common origins of each item. Most test methods require magnification and/or chemical
analysis.
The importance of trace evidence in the context of crime scene investigation is sometimes
understated, taking a back seat to more individualized evidence such as DNA or fingerprints. Much can
be learned about what happened at a scene through trace evidence, such as whether an item or body
was moved or whether someone was assaulted from behind or the side. Trace evidence can include a
wide variety of materials, but the most commonly tested are hair, fibers, paint and glass. Other, less
frequently included items are soil, cosmetics and fire debris. Some laboratories will consider fire
accelerants as trace and others will include them in chemistry, even though the same tests are conducted
in both laboratories. For the purposes of this series, paint, glass, fiber, and hair
Types of Forensic Evidence
 The following are the main types of forensic evidence
Biological Evidence:
The two most common types of biological evidence are blood and saliva. Blood evidence comes
in the form of wet blood (e.g., a tube of blood from an autopsy) or swabs of bloodstains collected at crime
scenes. Buccal swabs are the most common way of collecting saliva evidence, usually from a victim or
suspect. Other types of biological evidence include seminal stains, urine, and perspiration. In each case,
the aim is to provide sufficient samples of biological evidence to allow DNA profiling.
Weapons Evidence:
Weapons evidence consists of firearms (handguns, rifles, assault weapons, etc.), ammunition
(e.g., spent casings, fired projectiles, bullet fragments, and unfired bullets), gunshot residue (GSR) tests,
and knives. The purpose of a GSR kit is to determine whether an individual was close to a firearm at time
of discharge.
Fingerprint Evidence:
Fingerprint evidence will be divided into complete 10- prints (fingerprints are available for both
hands and palms as in the case of fingerprinting a victim or suspect) and latent prints (only partial prints of
one or more fingers are available, usually through a powdering technique on physical evidence such as a
weapon or vehicle).
Drug Evidence:
Drug evidence includes drugs (e.g., marijuana, cocaine, methamphetamine, and others), and
drug paraphernalia (pipes, spoons, etc.) found at a scene.
Impressions Evidence:
Impressions evidence includes shoeprint impressions, tire tracks, and tool marks.
Trace Evidence:
Trace evidence is a generic term for small, sometimes microscopic, material. It covers a wide
variety of evidence, including fibers, hair, building materials (asbestos, paint, etc.), cigarettes, tobacco,
glass, and others.
Natural/Synthetic Materials:
Natural and synthetic materials include clothing, bed and bath material, carpet cuttings, metal
objects, plastic, and paper.
Generic Objects:
Generic objects include vehicles, bicycles, containers, doors, wood, and concrete.
Electronic/Printed Data;
Electronic and printed data include documents and electronics (computers, cell phones, etc.).
Other Items:
Other items are a catchall category for evidence that does not fit in any of the above categories.
This typology for classifying forensic evidence proved beneficial in ILJ’s study. For the most part, forensic
evidence collected at crime scenes was easy to classify into the correct categories.
 Chapter No. 10
TECHNIQUES OF INVESTIGATIONS

Q. No. 7. Discuss in detail the “Interviewing and Interrogation Techniques” of

investigation. (CSS-2016, CSS-2018, CSS-2021)

Gathering Information from person

To gain a conviction in countries where the rule of law is firmly rooted, it is essential that the
investigating agency gather sufficient legally admissible information to convince the judge or jury that the
suspect is guilty. Police departments are often reasonably certain that a particular individual is
responsible for a crime but may remain unable to establish guilt by legally admissible evidence. In order
to secure the necessary evidence, the police employ a variety of powers and procedures. Because those
powers and procedures, if exercised improperly, would enable the police to interfere with the
constitutionally protected freedoms of the suspect, they are normally subject to close scrutiny by
legislation or by the courts.

One important procedure is the search of a suspect’s person or property. Most common law
jurisdictions allow a search to be carried out only if there is “probable cause for believing” or “reasonable
ground for suspecting” that evidence will be found. In some cases a person may be stopped on the street
and searched, provided that the police officers identify themselves and state the reasons for the search.

Information-gathering methods for investigation are really important technique for the
investigation.
1. Relationship with suspect:
 Information-gathering: Trying to establish rapport with the suspect and use positive confrontation
to obtain a confession, clearly explain the charge to the suspect
 Accusatorial: Trying to manipulate and control the suspect to obtain a confession, confrontational
2. Questioning approach:
 Information-gathering: Open-ended questions, exploratory; suspects given a chance to tell their
side of the story
 Accusatorial: Closed-ended questioning, confirmatory
3. Primary intended outcome:
 Information-gathering: Obtain information, truth seeking
 Accusatorial: Obtain a confession
4. Model of deception detection:
 Information-gathering: Cognitive cues (e.g. can suspect recount events in a different order which
presumably would be more difficult for someone lying to do than someone telling the truth?)
 Accusatorial: Anxiety-based cues (e.g. does the suspect seem nervous and uncomfortable)
INTERVIEWS METHOD FOR INVESTIGATION
Investigative interviewing is an essential aspect of the investigative process for officers, loss
prevention agents’ detectives or other investigators. As most information comes from people; it is
necessary to have knowledge and proficiency in interviewing. An interview is a conversation intended to
elicit information. Interviews are generally non-accusatory. During the course of an investigation the
investigator will conduct interviews with all available witnesses and potential suspects. The investigator
should ask open-ended questions in an attempt to elicit as much information as possible.
Interviews represent the most basic and human element of any investigation. Diligent interviewers
constantly search for a complete and truthful telling of events. Whether you are a law enforcement officer,
an investigative reporter, or simply a parent negotiating a family dispute, investigative interviewing skills
help you to efficiently and reliably determine the events and motives at hand. Whether you are
interviewing the primary subject of an investigation, a victim, or a peripheral witness, it is crucial that the
interview is conducted in a thorough and professional manner. Engaging in anything less may expose the
investigation to the risk its findings and conclusions are found less than credible or are ultimately
excluded as evidence. In a successful interview, the process is as important as the results. The process is
as followed
1. Preparation
A decisive component of any effective interview is preparation. In addition to having a well-
developed understanding of the issues at hand, the interviewer should strive to prepare for investigation.
2. Strategy
Develop an overall strategy for the interview, including the interview’s purpose in the grander
investigation and the specific objectives for the interview. Particularly at the outset of the investigation,
interviews may be less scripted due to lack of case specific knowledge. That does not exempt the
interviewer from establishing clear goals for the session. Questions that must be considered prior to the
interview include: Are these interviews fact seeking, or is the intent to develop the interviewee into a
potential source? Are you seeking an alibi? Should you tell the interviewee they are a target of the
investigation?
3. Scenario Planning
Always consider a variety of potential avenues the interview may take. Interviewers who become
distracted or surprised by various details, have difficulty focusing on the interview objectives. Rehearsing
potential interview responses, along with the appropriate reactions, help interviewers to maintain control
and ensure events and facts are fully captured.
4. Personnel
As will be discussed shortly, building rapport can greatly increase the cooperation and
truthfulness of an interviewee. To maximize rapport, consider which personnel should conduct the
interview. Demographic factors, such as age or sex, may be appropriate considerations as well as
potential similarities in background or socioeconomic status. While these factors are not always under the
control of interviewers, the costs and benefits should always be considered.
5. Setting
The concepts of privacy and proximity are key considerations when choosing the ideal interview
setting. Privacy considerations affect an interviewee’s ability to answer questions openly and truthfully
without fear of eavesdropping. Proximity deals with an interview’s location relative to the surroundings.
6. Sequencing
A key consideration when conducting multiple interviews is the order and timing of such
interviews. Consider if it is advantageous to gain facts from witnesses prior to approaching a suspect, or
whether the risks of alerting suspects may outweigh the data gathering requirements.
Concurrent interviews may also be advantageous if you suspect collusion among interviewees.
Such concurrent interviews prevent “comparing notes” and it is often a powerful statement to remind
subjects that their associates are telling their version of events at the same time. Thorough preparation
allows the interviewer to manage the interview and evaluate the witness’ responses, rather than
expending effort to react to the interviewee. While preparation alone is not enough, well prepared
interviewers are much better suited to focus their efforts on questioning, responding, and evaluating
interview subjects.
INVESTIGATIVE QUESTIONS FOR INTERVIEW
To establish a complete and thorough set of facts, the interviewer must diligently ask the
questions. Though this task might seem understood, we often see interviewers timidly approach sensitive
topics regardless of their significance in the case. This cannot be allowed, and a thorough investigator
must actively seek the truth by asking direct questions and probing for clarity. The successful collection of
all pertinent facts is the standard by which all interviewers must be measured.
Investigative questions should be focused on accomplishing one of the following tasks:
 Collect facts and understand the process;
 Assess interviewee’s knowledge of the events;
 Determine interviewee’s account or alibi;
 Assess the interviewee’s level of access;
 Evaluate the interviewee’s tendencies and motives.
These questions are developed far in advance of the interview, based on careful preparation. The
questions should begin broadly and become narrower as the witness provides additional information. The
interviewer should allow the witness to fully complete his or her answer. The interviewer must remember
the question he or she has asked, and ensure the witness has rendered a sufficient answer before
transitioning to a different topic. If the witness is evasive and does not directly answer the question
presented, the interviewer must be prepared to probe until a definitive answer is given. As a result of
thorough preparation, the interviewer is able to recognize that the witness’ answer is not complete and
can continue to clarify until he or she is fully forthcoming. Investigative interviews also focus on
determining a witness’s version of events.
The interviewer must be cognizant of a witness’ changing story: while subtle differences are
common, major changes may be an indication that the witness is not being truthful. By reading the
witness’ prior statements, the interviewer can assess whether the witness’ version of events has
materially changed over time. In the search for details, place critical importance on special access the
witness may have had to the events in question. For example, special access can either be specific
knowledge (i.e., passwords, hacking skills, etc.) or special means (i.e., a key card).
An interrogation, in law enforcement, is when a representative from the agency collects
information about a crime by questioning suspects, victims, or witnesses. The ultimate goal to
an interrogation is to solve the crime. An interrogation with a suspect can last a few minutes to several
hours.
Interrogation is the most serious level of questioning a suspect, and interrogation is the process
that occurs once reasonable grounds for belief have been established, and after the suspect has been
placed under arrest for the offence being investigated. Reasonable grounds for belief to make such an
arrest require some form of direct evidence or strong circumstantial evidence that links the suspect to the
crime.

Prior to beginning the actual interrogation, the investigator should prepare an interrogation plan
by:

 Reviewing the suspect’s profile, criminal record, and past investigations

 Reviewing the full details of the existing investigation to date
 Determining the elements of the offence that will need to be proved
 Determining if sufficient evidence has already been obtained to submit a prima facia case to
Crown
 Examining evidence that demonstrates motive, opportunity, and means
 Determining what evidence was located and considered in forming reasonable grounds to arrest
the suspect
 What physical evidence has been found that may yet be analyzed to prove the suspect’s
involvement

Preparing the interrogation plan can assist the investigator in developing a strategy to convince
the suspect to answer questions or confess to the crime. Those uninitiated to the process of interrogation
might wonder why anyone would possibly choose to answer questions or confess when they have been
provided with their Charter of Rights and Freedoms and the standard caution that they are not obliged to
say anything, and anything they do say may be used as evidence. There are several reasons that can
motivate or persuade a suspect to answer questions or confess. Statements or confessions are often
made despite the warnings that would seemingly deter anyone from saying anything. These reasons
include:

 Wishing to exonerate oneself,

 Attempting deception to outsmart the system,
 Conscience,
 Providing an explanation to minimize one’s involvement in the crime, or
 Surrender in the face of overwhelming evidence.

Investigators who are familiar with these reasons and motivations can utilize them in assessing their
suspect and developing a strategy for their interrogation plan.
REID TECHNIQUEOF INTERROGATION

The Reid technique is a method of questioning suspects to try to assess their credibility,
developed by consultant and polygraph expert. Supporters argue that the Reid technique is useful in
extracting information from otherwise unwilling suspects, while critics have charged the technique can
elicit false confessions from innocent people, especially children. Reid’s breakthrough case resulted in an
overturned conviction decades later.

Process of REID Technique

The Reid technique consists of a three-phase process beginning with Fact Analysis, followed by
the Behavior Analysis Interview (a non-accusatory interview designed to develop investigative and
behavioral information), and followed when appropriate by the Reid Nine Steps of Interrogation.
Individuals should only be interrogated when the information developed from the interview and
investigation indicates that the subject is involved in the commission of the crime.

In the Reid technique, interrogation is an accusatory process in which the investigator tells the
suspect that the results of the investigation clearly indicate that they did commit the crime in question. The
interrogation is in the form of a monologue presented by the investigator rather than a question and
answer format. The demeanor of the investigator during the course of an interrogation is ideally
understanding, patient, and non-demeaning. The Reid technique user’s goal is to make the suspect
gradually more comfortable with telling the truth. This is accomplished by the investigators’ first imagining
and then offering the suspect various psychological constructs as justification for their behavior.

Nine steps of interrogation

The Reid technique’s nine steps of interrogation are:

1. Direct confrontation. Advise the suspect that the evidence has led the police to the individual as a
suspect. Offer the person an early opportunity to explain why the offense took place.
2. Try to shift the blame away from the suspect to some other person or set of circumstances that
prompted the suspect to commit the crime. That is, develop themes containing reasons that will
psychologically justify or excuse the crime. Themes may be developed or changed to find one to
which the accused is most responsive.
3. Try to minimize the frequency of suspect denials.
4. At this point, the accused will often give a reason why he or she did not or could not commit the
crime. Try to use this to move towards the acknowledgement of what they did.
5. Reinforce sincerity to ensure that the suspect is receptive.
6. The suspect will become quieter and listen. Move the theme discussion towards offering
alternatives. If the suspect cries at this point, infer guilt.
7. Pose the “alternative question”, giving two choices for what happened; one more socially
acceptable than the other. The suspect is expected to choose the easier option but whichever
alternative the suspect chooses, guilt is admitted. As stated above, there is always a third option
which is to maintain that they did not commit the crime.
8. Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating
information to establish the validity of the confession.
 9. Document the suspect’s admission or confession and have him or her prepare a recorded
statement (audio, video or written).
This step should not be taken lightly. Once the tone of the conversation has moved to accusatory
it is virtually impossible to stop and go back to interviewing. In the interrogation the investigator will do
most of the talking. The questions asked of the suspect will be more direct and less open ended.
Distinguishing Between Interrogations and Interviews
Investigators must make a clear distinction between the two processes of interviewing and
interrogating subjects. An interview should precede every interrogation. Through the interview, officers
learn about the subjects and their needs, fears, concerns, and attitudes. They then use this information to
prepare themes or arguments to use during interrogations.
During interviews, subjects answer questions from investigators about the crimes, themselves,
and others involved in these incidents. Through this nonthreatening initial inquiry, investigators identify
non-verbal and verbal behavior exhibited by the subjects, build rapport and find common ground with
them, determine if they should be interrogated (if doubt exists about the subjects’ involvement, no
interrogation should be conducted), and obtain additional case facts.
Conversely, interrogations bring investigations to a close. Investigators use different skills in
interrogations, confronting subjects with statements rather than asking for information. In interrogations,
investigators lead, and subjects follow.5Investigators do not seek information. They do not take notes.
They only want to obtain truthful admissions or confessions
Investigation is a core duty of policing. Interviewing victims, witnesses and suspects is central to the
success of an investigation and the highest standards need to be upheld.
Forces need to develop and maintain the valuable resource of a skilled interviewer. Interviews
that are conducted professionally and quality assured realize several benefits. In particular, they can:
 direct an investigation and gather material, which in turn can lead to a prosecution or early
release of an innocent person
 support the prosecution case, thereby saving time, money and resources
 Increase public confidence in the police service, particularly with witnesses and victims of crimes
who come into direct contact with the police.
Without the accounts of those who played a central role in the crime, or those who have
witnessed an important aspect of the commission of a crime, other sources of material such as CCTV
images, fingerprints and forensic material, although extremely important, may have little value.
Conducting investigative interviews is, therefore, a crucial element of the process of investigation.
CRIMINAL INVESTIGATION ANALYSIS (CIA)
Criminal Investigative Analysis (CIA), also known as criminal profiling, is an investigative tool
used within the law enforcement community to help solve violent crimes. The analysis is based on a
review of evidence from the crime scene and from witnesses and victims. The analysis is done from both
an investigative and a behavioral perspective. The analysis can provide insight into the unknown offender
(characteristics and traits) as well as investigative suggestions and strategies for interviews and trial.
A CIA cannot replace a thorough investigation; and the accuracy and detail of a CIA is limited by
the accuracy and detail of the information on which it is based. CIA does not use crystal balls or psychic
experiences; it is a logical, systematic approach for analyzing behaviour.
CIA services can assist in the investigation of interpersonal violence, particularly homicide and
sexual assault cases. CIA is suitable for single-incident or serial cases with one or more victims,
including:
 homicides;
 kidnapping, including infant kidnapping;
 sexual assault;
 child molestation and abuse;
 hostage taking;
 bombings;
 arson;
 threat cases; and
 extortion.
CIA analysts are experienced investigators with extensive training in behavioural analysis. They
have been certified by the International Criminal Investigative Analysis Fellowship to provide analyses of
criminal behaviour.
Consulting Services
The consulting services that CIA analysts offer to criminal investigators include the following
areas:
Personality Profile:
This is a detailed behavioral analysis to derive information about an unknown offender. The
analyst examines information about the victim and the offence to determine the characteristics and traits
of the offender. Such a personality profile may allow those involved to recognize someone as a possible
offender. Based on the analysis, the analyst can usually offer suggestions for further investigations.
Indirect Personality Assessment:
This is an assessment of a known individual believed to be responsible for committing a violent
crime. The assessment, based on an evaluation of the individual’s personality, can help to determine:
 whether or not the suspect’s personality fits the crime under investigation;
 suspect’s strengths, weaknesses and areas of vulnerability ;
 interview techniques appropriate for the suspect;
 strategies for a successful undercover operation;
 strategies for negotiating successfully with a hostage-taker;
 strategies for investigating offenders of sexual homicide or serial rape, particularly to elicit
predictable actions on the part of the offender; and
 Most appropriate trial and courtroom strategy.
Equivocal Death Analysis:
This is an in-depth crime scene reconstruction undertaken to provide an opinion on the manner of
death: homicide, suicide, accidental death, death by natural causes, or death by misadventure. This is
generally done in conjunction with a psychological autopsy.
Assessment of Threat or Extortion Communications:
The analyst examines a threat or extortion communication for content and stylistic characteristics
in order to assess the validity of the threat and the level of risk to the victim and suggest ways to minimize
the risk to the victim. In some cases it is possible to provide a profile of the unknown author or caller.
Consulting to Provide Expert Analysis:
This service is provided to help investigators focus and fine tune interview techniques, develop
investigative strategies including undercover operation strategies, and develop an appropriate trial and
courtroom strategy. A CIA analyst can provide services such as:
 crime scene reconstruction;
 expert evidence/reports to coroner’s inquest;
 expert opinions for use in search warrant and privacy act applications;
 expert evidence/reports regarding the ‘signature’ of serial violent offenders;
 analysis of stalking cases;
 research on unusual areas of expert examination
 Consultation on media strategy and releases.
Legal and Ethical Guidelines for Investigators
In this regard the investigator will be concerned with the ethical aspects of the following basic
considerations:
(1) The legality of his employment;
(2) the confidential nature of his work;
(3) his soundness of character; and
(4) his everyday activities.
1. Legality of Employment:
There is an old maxim that amply illustrates some of the ethical considerations involved in the
legality of an investigator’s employment. It is, “No man may serve two masters.” To the investigator this
maxim has the additional meaning that he may not accept investigative assignments from two different
individuals who have a direct conflict of interests of some sort, without violating the investigative code of
ethics. The investigator is also ethically barred from accepting an investigative assignment that presents a
conflict of interest with an investigative assignment he has already accepted; or has reason to believe he
will be accepting in the future.
The investigator may not ethically accept any employment or an assignment of an investigative
nature when the object of the employment or investigation is, per se, illegal, or will contribute to the
furthering of an illegal act. Examples of this would be an investigation to remove or to conceal or destroy
evidence of a criminal act; or to deprive any individual of any of the rights guaranteed by the Constitution.
The investigator is also ethically bound to accept only that investigative assignment, the results of which
are to be or may be employed for a just and lawful purpose.
The ethical investigator may not accept employment from any organization of a subversive
nature, or any other organization which aims or is attempting to overthrow the government of the
Pakistan. He is also ethically bound to refuse investigative employment from any group or organization
inimical to the best interests of the United States.
2. Confidential nature of work.
Many investigative assignments are entered into on a rather informal basis, often with nothing
more than a verbal agreement concerning fees. for time and services. Regardless of pre-existing
agreements, however, the results of any and all investigative effort performed by the investigator for his
employer are the exclusive right and property of the employer, are to be held in the strictest confidence by
the investigator, and are under no circumstances to be disclosed to anyone other than the employer or his
duly authorized representative.
Such disclosures may be made, however, if and when the employer so directs in writing. The
investigator is ethically bound to adhere to both the letter and the spirit of these limitations. The
investigator is also ethically bound to observe all of the well known aspects concerning the protection of
the identity of confidential informants, and the other general investigative procedures and techniques
involved in dealing with confidential informants.
3. Soundness of Character.
The investigator is ethically bound to adhere to the highest possible standards of personal
character in all of his dealings involving investigative activity; and generally in all other public and private
aspects of daily life and activity. Any and all aspects of investigative work, particularly reports,
memoranda, and other media through which information is transferred, will be strictly factual, completely
honest, and as accurate and complete as the expenditure of time and effort can make it. Any deviation
from this standard is strictly unethical, as is expressing an opinion or relating hearsay as fact. Oftentimes
investigations are complicated, very extensive, and very time consuming.
Due to these causes some investigations cover lengthy periods of time up to and including
several months and more. In normal investigative activity the investigator will be paid for the expenses
incurred by himself during the course of the investigation. It also occasionally happens that the
investigator will be reimbursed for expenses incurred by someone other than himself during the course of
the investigation.
It also occasionally happens that the investigator collects expense money for expenses that he
has not incurred which have been added to the final account for the simple purpose of defrauding the
employer. Every investigator is aware to some degree of the practice of “padding” expense accounts and
knows, furthermore, that this practice is rather common. Regardless of all other considerations, however,
the ethical investigator will keep a strictly honest, factual account of all of his legitimate expenses incurred
during the course of the investigation, and will not succumb to the practice of padding his expense
account.
4. Everyday activities.
The ethical investigator will live up to the highest standards of personal conduct at all times, and
not only while he is engaged in the performance of investigative duties. He will live in accordance with the
requirements of society that he be at all times a decent, honest, reliable, and completely trustworthy
individual; and that each and every one of his actions reflect nothing but the very highest credit upon his
own actions in particular, and the profession he represents in general. The ethical investigator will
maintain at all times a completely objective attitude and impersonal approach towards his investigative
duties and responsibilities; he will concentrate all of his skills and energies towards securing the truth of
the matter under investigation; and he will never be satisfied with any results he secures unless he can
honestly tell himself that they are the very best possible in any particular investigative situation; and until
he can assure himself that every positive lead has been run down to its ultimate and logical conclusion.
The ethical investigator will conduct himself at all times as a professional man; and will practice
the unemotional performance of duties, which is one of the characteristics of the professional individual.
Needless to say, the ethical investigator will be a gentleman at all times and will always conduct himself
as such. With these facts foremost in mind, he will constantly weigh and evaluate all of his actions in the
light of whether or not his actions reflect to the credit of his profession. The ethical investigator will, at all
times, strive to the very best of his ability to increase his knowledge of his profession, and to improve his
technical skills and competence in the various procedures and techniques germane to the ‘profession.
 Chapter No. 11
LEGAL AND ETHICAL GUIDELINES FOR INVESTIGATORS

STOP AND FRISK OPERATIONS

STOP
A “stop” is the temporary detention of a person for investigation. A “stop” occurs whenever an
officer uses his/her authority to make a person halt, or to keep a person in a certain place, or to compel a
person to perform some act. If a person is under a reasonable impression that they are not free to leave
or ignore the officer’s presence, a “stop” has occurred.
An officer may stop a person in a public place, after having identified him/herself as a law
enforcement officer, if s/he reasonably suspects that a person has committed, is committing, or is about to
a criminal offense or ordinance violation. Both pedestrians and persons in vehicles may be stopped.
Police Conduct during a Stop
Proper justification for a stop does not permit unreasonable conduct during the stop. Every phase
of the detention must be reasonable; the manner in which stops and frisks are conducted is “as vital a
part of the inquiry as whether they were warranted at all.
 Identification
Officers conducting a stop, if not in uniform, shall clearly identify themselves as police officers by
announcing identity and displaying badge/ID.
 Duration of Stop
A person stopped pursuant to these rules may be detained at or near the scene of the stop for a
reasonable period of time. Officers should detain a person only for the length of time necessary to obtain
or verify the person’s identification, or an account of the person’s presence or conduct, or an account of
the offense, or otherwise determine if the person should be arrested or released.
 Explanation to Detain
Person officers shall act with courtesy towards the person stopped. At some point during the stop the
officer shall, in every case, give the person stopped an explanation of the purpose of the stop.
 Rights of Detained Person
The officer may direct questions to the detained person for the purpose of obtaining their name,
address and an explanation of the conduct. The detained person may not be compelled to answer
questions or to produce identification documents for examination by the officer; however, the officer may
request the person to produce identification and may demand the production of an operator’s license if
the person has been operating a vehicle.
 Effect of Refusal to Cooperate
Refusal to answer questions or to produce identification does not by itself yield probable cause to
arrest, but such refusal may be considered along with other facts as an element adding to probable
cause.
 Use of Force
An officer may use only the amount of non-deadly force that is reasonably necessary to stop and
detain a person pursuant to these guidelines. If an officer is attacked, or circumstances exist that create
probable cause to arrest, the officer may use that amount of force necessary for defense or to effect a full-
custody arrest.
Stopping Witnesses near the Scene of a Crime
A police officer who has probable cause to believe that any violent crime has just been
committed, and who has probable cause to believe that a person found near the scene of such offense
has knowledge of significant value to the investigation of the offense, may order that person to stop. The
sole purpose of the stop authorized by this section is the obtaining of the witness’ identification so that the
witness may later be contacted by the officer’s agency. Officers shall not use force to obtain this
information, and will affect the detention with minimal intrusiveness.
Stopping Vehicle at Roadblocks
If authorized to do so by a commanding officer, a police officer may order the drivers of vehicles
moving in a particular direction to stop. Authority to make such stops may be given only in those
situations where such action is necessary to apprehend the perpetrator of a crime who, if not
apprehended, poses a significant and imminent public safety threat, or to discover the victim of a crime
whose physical safety is presently or potentially in danger. Roadblocks established for this purpose will
only be implemented in limited geographic areas (where there is a reason to believe the suspect/victim
will be discovered) and for a reasonable period of time. Once a vehicle is stopped pursuant to this
section, it may be searched only to the extent necessary to determine if the perpetrator or victim is
present in the vehicle, and such search shall be made as soon as possible after the stop.
FRISKS
A frisk is a limited protective search for concealed weapons or dangerous instruments.
When to Frisk?
 A police officer may frisk any person whom that officer has stopped when the officer reasonably
suspects that the person is carrying a concealed weapon or dangerous instrument. The frisk may be
conducted at any time during the stop if reasonable suspicion develops.
General Procedure of Frisk
1. The officer should begin the frisk at the area of the person’s clothing most likely to contain a concealed
weapon or dangerous instrument. Usually, an officer should begin the frisk with a pat-down of the outside
of the person’s outer clothing, and the officer should not reach inside the clothing unless an object is felt
which the officer reasonably believes to be a weapon or dangerous instrument. If the outer clothing is too
bulky to allow the officer to determine if a weapon or dangerous instrument is concealed underneath, then
the outer clothing may be opened to allow a pat-down directly on the inner clothing. If the officer has a
reasonable belief, based on reliable information or personal knowledge and observations, that a weapon
or dangerous instrument is concealed at a particular location on the person, such as a pocket, waistband,
or sleeve, then the officer may reach directly into the suspected area. This is an unusual procedure and
any officer so proceeding must be prepared to cite the precise factors which led the officer to forego the
normal pat-down procedure.
2. An officer may also frisk those areas that the person could reach to obtain an object that could be used
to harm the officer, if the officer reasonably suspects personal harm should the object not be obtained.
This includes vehicles. If an officer possesses reasonable suspicion that a vehicle driver or passenger is
armed, the “frisk” may be extended to the vehicle. This “frisk” is a protective search, and is limited to
places in the vehicle’s passenger compartment that could contain a weapon.
3. If during the course of a frisk, the officer discovers an object which is a container capable of holding a
weapon or dangerous instrument and if the officer reasonably believes that it does contain such an item,
the officer may look inside the object and briefly examine the contents.
4. An officer may use only the amount of non-deadly force that is reasonably necessary to effect a frisk
pursuant to these guidelines. If an officer is attacked, or circumstances exist that create probable cause to
arrest, the officer may use that amount of force necessary for defense or to effect a full-custody arrest.
Discovery of Weapon, Instrument, or other Property
If a frisk or search discloses a weapon or instrument, or any other property, possession of which
the officer reasonably believes may constitute the commission of a crime, or which may constitute a threat
to personal safety, the officer may take it and keep it until the completion of the questioning, at which time
it shall either be returned, if lawfully possessed, or seized by the officer.
Discovery of Incriminating Evidence
If, while conducting a frisk, an officer feels an object which is reasonably believed not to be a
weapon or on the basis of dangerous instrument, but the officer does believe it to be a seizable item, the
officer may not take further steps to examine the object. However, if the nature of the object the officer’s
authority to frisk alone or in combination with other factors provides probable cause to arrest, the officer
should tell the felt person they are under arrest. The officer may then conduct a full-custody search
incidental to arrest, but must not take any step to examine the object before making the arrest. If a
seizable item is not found, the person should be released.
ARREST
When the police arrest someone, they take away that person’s fundamental right to freedom.
Consequently, there are several procedures the police must follow before they can make a legal arrest so
that our rights remain protected. This article has some information about the general requirements police
must meet before making an arrest.
 It should be noted that many states and police departments add extra procedures; sometimes,
these procedures are designed to protect police officers’ physical safety, sometimes they are designed to
help the police officer document the arrest, and sometimes they are designed to help the officer avoid
making a legal mistake which could ruin the prosecution’s case in a criminal trial. These extra procedures
differ from one police department to the next, so if you have questions about these, it’s best to contact
your local police.
Arrest and detention is another important phase in investigation of crimes. Timely arrest of the
accused persons in serious cases is very vital for proper and effective investigation. It also deters
criminals from committing crimes and creates an atmosphere of peace and security in the minds of
people and the State. There cannot be charge sheet without arrest. The term “arrest” refers to an act of
being taken in to custody of a person to be charged with a crime. It is derived from the French word
“arreter” means “to stop or stay” and signifies a restraint of the person. In other words, it refers to
apprehension of a person by legal authority resulting in deprivation of his liberty.
“Arrest” and “custody” are not synonymous terms. In all arrests there is custody and not
otherwise. Arrest consists of seizure or touching of a person’s body with a view to restrain him, whereas
custody consists of submission of a person to the custody by word or action.
The police are empowered under CrPC to arrest a person in both cognizable case and non-
cognizable case. In cognizable case, the police can arrest a person without a warrant from a competent
Magistrate. However, to arrest a person in non-cognizable case, the police have to obtain a written
warrant of arrest from a competent Magistrate.
Objectives
 Explain the circumstances under which the police can arrest a person;
 Describe briefly as to the procedures to be followed by the police while making arrest;
 Lay down the procedures to be complied with by the police after effecting arrest;
 Enumerate the rights of a person arrested;
 Set out the consequences that follow on the police of non-compliance with the provisions relating
to arrest;
 Briefly explain the ambit and scope of detention
 Explain the procedures to be followed by the police in disposal of the seized property.
Circumstances under which a person can be arrested
A person can be arrested under several circumstances. The police are a machinery of the State
vested with powers to arrest persons who have violated or committed offences under law.
Law provides for arrest of a person without warrant from a Magistrate under several
circumstances when any person actually concerned or reasonably suspected to be concerned in a
cognizable offence; any person who, in the presence of such an officer, has committed or has been
accused of committing a non-cognizable offence and refuses to give his true name or address; any
person concerned or reasonably suspected to be concerned in any act committed at any place outside
India, any person belong to one or more of the categories of persons specified. The police are also
empowered to arrest person(s) under several other circumstances. They can arrest for securing
attendance of an accused at trial; to prevent from commission of any offence; to remove obstruction to the
police; and for retaking a person who has escaped from custody.
When may an officer arrest someone?
There are only a very limited number of circumstances in which an officer may make an arrest:
  The officer personally observed a crime;
 The officer has probable cause to believe that person arrested committed a crime;
 The officer has an arrest warrant issued by a judge.
An officer cannot arrest someone just because she feels like it or has a vague hunch that
someone might be a criminal. Police officers have to be able to justify their arrest usually by showing
some tangible evidence that led them to probable cause.
The rules regarding what an officer must do while making an arrest vary by jurisdiction. Generally,
an arrest happens when the person being arrested reasonably believes that she is not free to leave. The
officer need not use handcuffs, or place the arrestee in a police cruiser, although police often use these
tactics to protect themselves. However, the police must read a suspect his Miranda Rights before an
interrogation, so many police departments recommend that Miranda Rights be read at the time of arrest.
This way, they can start questioning right away, and also, any information volunteered by a suspect can
be used against them. Finally, although police will almost always tell an arrestee why they are under
arrest, they may not necessarily have any legal obligation to do so. This depends on both the jurisdiction
and the circumstances of the arrest.
One universal rule police officers must follow is that they are not allowed to use excessive force
or treat the arrestee cruelly. Generally, police officers are only allowed to use the minimum amount of
force necessary to protect themselves and bring the suspect into police custody. This is why people are
advised to never resist an arrest or argue with police. The more a suspect struggles, the more force is
required for the police to do their job. If the arrestee thinks the arrest is unjustified or incorrect, she can
always challenge it later with the help of an attorney, and if warranted, bring a civil rights case.

ARREST PROCEDURES IN PAKISTAN

First of all we have to define what is arrest? Arrest is not defined in Cr.P.C but we can define it
as, “A persona can be said to be arrested when he is actually touched or confined by police officer or
other person in accordance with law provided”. Procedure of Arrest/How to made arrest Under section 46
of Criminal Procedure Code, “in making the arrest police officer or any other person making the arrest
shall actually touch or confine the body of persona to be arrested unless there be submission to the
custody by words or action”. Essentials of Arrest
 A police officer or another person authorized by law can arrest
 Actual touch and confine
 Submission to the custody by words or actions
When there is resistance to arrest the police officer or any other person authorized to arrest may
use all means necessary to effect the arrest if;
 Such persona forcibly resists the Endeavour to arrest
 Attempt of evade arrest
 But he cannot cause death of such persona during arrest (except in case when person accused
of an offence punishable with death or imprisonment of life).
Search for arrest
 Search of place entered by person sought to be arrested
 Procedure where ingress not obtainable
 When there are chances that accused will escape, police officer can break open any door or
 window of house
 Notice to ladies of house in case of ladies in-house is necessary
 Power to break open doors and windows for purpose of liberation
 No unnecessary restraint to prevent this escape
 Search of arrested person
 Mode of searching women
 Power to seize offensive weapons
SEARCH AND SEIZURE
A hunt by law enforcement officials for property or communications believed to be evidence of
crime and the act of taking possession of this property. Search and seizure is necessary exercise in the
ongoing pursuit of criminals. Searches and seizure used to produce evidence for the prosecution of
alleged criminals. The police have the power to search and seize but individuals are protected against
arbitrary, unreasonable police intrusions. Freedom from unrestricted search warrants was critical.
A search occurs when a government employee or agent violates a reasonable expectation of
privacy. A seizure is the interference with an individual’s possessory interest in property. The property’s
owner must have had a reasonable expectation of privacy in the items seized. A person is seized when
law enforcement personnel use physical force to restrain the person if a reasonable person in a similar
situation would not feel free to leave.
The prohibition on unreasonable searches and seizures restricts the actions law enforcement
personnel may take when performing a criminal investigation; however, the ban also disallows
unreasonable searches and seizures in the civil litigation context. Law enforcement may conduct a search
only if individualized suspicion motivates the search.
In the case of administrative warrants, the probable cause requirement is not as strict as that
required in criminal investigations because privacy interests at stake are not high. Probable cause in
administrative searches refers to reasonable cause to search the individual. When public interest justifies
search by administrative agency there is probable cause to issue a search warrant.
In certain situations a warrant is not required for search and seizure by administrative agencies.
In these situations, obtaining a warrant may not be reasonable. Such situations include:
1. Emergencies
2. Pervasively regulated activities
3. Consent searches
4. Searches of open fields
 Chapter No. 12
INTERNATIONAL POLICING AND CRIMINAL JUSTICE MONITORING
ORGANIZATIONS
United Nations Asia and Far East Institute (UNAFEI)
The United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of
Offenders (UNAFEI) is a United Nations regional institute, established in 1962 by agreement between the
United Nations and the Government of Japan, with the aim of promoting the sound development of
criminal justice systems and mutual cooperation in Asia and the Pacific Region.
The main objective of UNAFEI is to
“Promote regional cooperation in the field of crime prevention and the treatment of offenders
through training and research programs.”
During its 40 years of activity, approximately 2,000 overseas officials and 1,000 Japanese
officials have participated in UNAFEI trainings. Current UNAFEI trainings are held seven times a year,
including three major international courses and a corruption prevention course. The goal is to stimulate
cooperation, share knowledge, and strengthen the UNAFEI network. One hundred and twenty-five
participating countries and the United Nations are included.
UNAFEI holds two international training courses and one international senior seminar annually.
The international training course that is held in spring deals mainly with the treatment of offenders, while
the one held in autumn concentrates on crime prevention and countermeasures against various crimes.
The international senior seminar tackles current criminal justice issues. In addition to acquiring knowledge
and skills during the official training sessions seminar participants also benefit significantly from the
opportunities to network and interact with the professionals from the different regions, not only Asia and
the Pacific, but also Africa, Latin America and Europe.
 UNAFEI is guided by the United Nations Conventions, Criminal Policies, and Standards of
Norms, as well as being administrated by the Japanese government. The Japanese government has
been funding UNAFEI since 1970. Training is financed by the ODA (Official Development Assistance),
which is a corporation assisting developing countries. Participants. UNAFEI fights against transnational
crimes such as organized crimes, economic crimes and corruption, and cybercrimes, and assist the
development of sound criminal justice systems, promoting cooperation. International Activities held by
UNAFEI include international courses and senior seminars, for example, regional seminar on Good
Governance for Southeast Asian countries, dispatch of staff as experts, and overseas joint seminars.
Extracurricular activities include study tours, sports, cultural activities, and Japanese lessons, which are
arranged by volunteers. Participants get to know each other and build friendship.
In 1962, UNAFEI held its first International Training course. Since then, one seminar and two
international training courses are held every year.
For each course and seminar, a theme is chosen on the crime prevention and criminal justice by
the professors and director. The theme has to fit the policies of the United Nations and the Ministry of
Justice, and to fit the International Trend, based on the needs of the participating countries. Developing
countries lack of resources and equipment, so they need cooperation from other countries. The United
Nations works to develop friendly relations and peace between the nations of the world. The Ministry of
Justice works to achieve prosperity. Cooperation is always the key to solving problems.
Training includes activities of public lectures and group discussions between experts, professors,
and participants. Visiting experts have professional or expertise that they are can apply to the discussion
topics, and they encourage and enhance the participants.
There are 3 fundamental approaches of training. The first approach is the practical approach.
This involves practical work-lectures and group discussion, allowing the exchange of knowledge for
finding effective solutions related to everyday work. The second approach is the integrated approach. By
discussing with people who have different methods, authorities, expertise, backgrounds, and experiences,
the solutions build up from different aspects. This is an opportunity of breaking down occupational
boundaries. The third approach of training is the comparative approach. When comparing problems
(using presentations), participants can experience different cultures and legal practices.
INTERPOL
Connecting police for a safer world

Q. To what extent Interpol has been successful in reducing organized crime at

international level. Discuss (CSS-2018)
Q. International criminal police organization (ICPO), Interpol was founded in 1914 with the
founding principle to coordinate efforts to relating to international police cooperation.
How do you see the role of Interpol for reducing with special reference to Pakistan?
(CSS-2020)
Q. What is the difference between EUROPOL and INTERPOL? How does EUROPOL assist
Member states investigation to control terrorist networks in Europe? (CSS-2021)

The idea of INTERPOL was born in 1914 at the first International Criminal Police Congress, held
in Monaco. Officially created in 1923 as the International Criminal Police Commission, the Organization
became known as INTERPOL in 1956.
INTERPOL is the world’s largest international police organization, with 187 member countries. It
facilitates cross-border police co-operation, and supports and assists all organizations, authorities and
services whose mission is to prevent or combat crime. The General Secretariat is located in Lyon,
France. INTERPOL operates seven regional offices – in Argentina, Cameroon, Côte d’Ivoire, El Salvador,
Kenya, Thailand and Zimbabwe – and a representative office at the United Nations in New York. Each
member country maintains a National Central Bureau (NCB) staffed by highly trained law enforcement
officers. The NCB is the designated contact point for the General Secretariat, regional offices and other
member countries requiring assistance with overseas investigations and the location and apprehension of
fugitives.
Core functions
INTERPOL has identified four core functions on which to concentrate its efforts and resources:
1. Secure global police communications services –
INTERPOL manages a global police communications system known as I-24/7 which enables police in all
of its member countries to request, submit and access vital police data instantly in a secure environment.
2. Operational data services and databases for police –
INTERPOL manages a range of databases with information on names and photographs of known
criminals, wanted persons, fingerprints, DNA profiles, stolen or lost travel documents, stolen motor
vehicles, child sex abuse images and stolen works of art. INTERPOL also disseminates critical crime-
related data through its system of international notices. There are seven kinds of notices, of which the
most well-known is the Red Notice, an international request for the provisional arrest of an individual.
3. Operational police support services –
INTERPOL has six priority crime areas; corruption, drugs and organized crime, financial and
high-tech crime, fugitives, public safety and terrorism, and trafficking in human beings. INTERPOL also
operates a 24-hour Command and Coordination Centre to assist any member country faced with a crisis
situation, co-ordinate the exchange of information and assume a crisis-management role during serious
incidents.
4. Police training and development –
INTERPOL provides focused police training initiatives for national police forces, and also offers
on-demand advice, guidance and support in building dedicated crime-fighting components. The aim is to
enhance the capacity of member countries to effectively combat serious transnational crime and
terrorism. This includes sharing knowledge, skills and best practices in policing and the establishment of
global standards for combating specific crimes.
Rules and governance
INTERPOL’s Constitution prohibits ‘any intervention or activities of a political, military, religious or
racial character.’ The intention is to assist international police co-operation even where diplomatic
relations do not exist between particular countries. Action is taken within the limits of existing laws in
different countries and in the spirit of the Universal Declaration of Human Rights.
It’s supreme governing body is the General Assembly, which meets once a year to take all major
decisions affecting general policy and comprises delegates appointed by member countries. Each country
represented has one vote and all votes carry equal weight.
The Executive Committee oversees the execution of the decisions of the General Assembly and
the work of the Secretary General. It has 13 members, elected by the General Assembly, who represent
all regions of the world. The president, who chairs the committee, serves a four-year term; three vice-
presidents and nine delegates serve for three years each.
The secretary general, the organization’s chief executive and senior full-time official, is
responsible for overseeing INTERPOL’s day-to-day work of international police co-operation and for
implementing the decisions of the General Assembly and Executive Committee. Nominated by the
Executive Committee and confirmed by at least two-thirds of the General Assembly, he serves an initial
five-year term.
Member Countries:
There are 187 members in INTERPOL, ranging from Afghanistan to Zimbabwe. The following
countries are not members: Samoa, Palau, Solomon Islands, Kiribati, Federated States of Micronesia,
Tuvalu, Vanuatu and North Korea. The following regions are sub-bureaus: Bermuda, Gibraltar, Cayman
Islands, Anguilla, Montserrat, British Virgin Islands, Turks and Caicos, Puerto Rico, American Samoa,
Hong Kong and Macao
What crimes does INTERPOL investigate?
Drug trafficking, organized crime, financial and high-tech crimes including counterfeiting and
money laundering, public safety and terrorism, human trafficking, corruption, environmental crimes and
crimes against humanity.
In addition, INTERPOL’s Fugitive Investigation Service keeps an eye out for suspects globally
with its Red Notice alerts that notify member states when one nation has issued an arrest warrant for a
suspect.
Financing
INTERPOL is primarily financed by member countries, whose governments pay annual statutory
contributions calculated using a framework agreed on by members.
EUROPOL
Europol is the European Union’s law enforcement agency whose main goal is to help achieve
a safer Europe for the benefit of all EU citizens. We do this by assisting the European Union’s Member
States in their fight against serious international crime and terrorism.
The idea of establishing some form of cooperation between European police forces to tackle
transnational crime is as old as the notion of European unity itself. The first move towards informal
cooperation was taken in the 1970s, with the setting up of the Trevi group by European Communities’
interior and justice ministers. Trevi’s initial concern was to address international terrorism, but it soon
extended its focus of attention to cover other areas of cross-border crime within the European
Community.
In the 1970s and 1980s, there were frequent calls from within and outside the Trevi group to
formalise police cooperation within the Community. The first concrete reference to a European police
force is usually attributed to Helmut Kohl. In 1991, at the European Summit in Luxembourg, the German
chancellor called for a European police agency to be set up along the lines of the American FBI. The
proposal generated a discussion among Community members about how best to tackle crime and
guarantee security, sowing the seeds of Europe-wide police cooperation.
Large scale criminal and terrorist networks pose a significant threat to the internal security of the
EU and to the safety and livelihood of its people. The biggest security threats come from terrorism,
international drug trafficking and money laundering, organized fraud, counterfeiting of the euro currency,
and people smuggling. But new dangers are also accumulating, in the form of cybercrime, trafficking in
human beings, and other modern-day threats. This is a multi–billion euro business, quick to adapt to new
opportunities and resilient in the face of traditional law enforcement measures.
 Europol headquarters in The Hague, the Netherlands
  working closely with law enforcement agencies in the 28 EU Member States and in other non-EU
partner states and organisations
 more than 900 staff
 185 Europol Liaison Officers (ELOs)
 around 100 criminal analysts
 over 18 000 cross–border investigations each year
VALUES
We will fulfill our commitments through the efforts of our staff. In line with our mission and vision,
we attach importance to the following five values which best characterise the culture of Europol and the
work of its people:
 Integrity
 Accountability
 Initiative
 Teamwork
 Effectiveness
Unique Services
 support centre for law enforcement operations
 hub for criminal information and organisations
 centre for law enforcement expertise
 one of the largest concentrations of analytical capability in the EU
 produces regular assessments and reports
 high-security, 24/7 operational centre
 central platform for law enforcement experts from the European Union countries
Main Goals and Vision
Following this ambitious strategy, Europol will address the most important challenges ahead, but
will also exploit all opportunities to make further progress and deliver tangible benefits. The strategy
guides Europol on a planned path to implementing its main goals and vision, delivering a unique set of
operational services for the EU in three main areas:
 To function as the principal EU support centre for law enforcement operations
More will be done to maximise the operational value of information held by Europol and to
streamline the delivery of analysis and other operational services. Europol is taking a leading role in
establishing more effective cooperation between agencies and law enforcement partners, including Euro
just and Interpol.
 To become the criminal information hub of the European Union
Cooperation between Member States, in identifying common information gaps and investigation
priorities is essential and will be strengthened. Europol’s unique capabilities provide the opportunity to
grow as a central information hub in the EU, to address these issues, and build an information platform
capable of facilitating a more effective operational response to key security threats. Further development
of Europol’s Secure Information Exchange Network Application (SIENA) will bring Europol closer to the
law enforcement ‘front line’.
 To develop further as an EU centre for law enforcement expertise
Europol pioneers new techniques based on innovation and best practice as well as facilitating
knowledge sharing and quality training in specialist areas, such as euro counterfeiting, terrorism and the
dismantling of drug laboratories.
State-of-the-Art Technology
International crime and terrorist groups operate worldwide and make use of the latest technology.
To ensure an effective and coordinated response, Europol needs to be equally flexible and innovative,
and make sure its methods and tools are up to date. We have state-of-the-art databases and
communication channels, offering fast and secure capabilities for storing, searching, visualizing and
linking information.
Gathering, analyzing and disseminating this information entails the exchange of large quantities
of personal data. Europol sets and adheres to the highest standards of data protection and data security.
Areas of Expertise
Since Europol can offer a flexible response, we focus on different areas of criminal and terrorist
activity from year to year, depending on the demands of the situation. Our main priorities, however, tend
to remain relatively stable, reflecting those of international criminal and terrorist groups. Over the years
we have built up substantial experience in fighting drug trafficking, illicit immigration networks and
trafficking in human beings, illicit vehicle trafficking, cybercrime, money laundering and forgery of money.
Europol is the European central office to combat euro counterfeiting. Europol enjoys excellent cooperation
arrangements with law enforcement partners in Europe and beyond. It also values its accountability
arrangements and data protection regime, which are among the most robust and transparent in the world.
We welcome public interest in our work and trust that the contents of this website offer the reader
a good illustration of our activities, the responsible way in which they are carried out, and the impact they
are having on making Europe safer.
UNITED NATIONS OFFICE ON DRUGS AND CRIME (UNODC)
UNODC is a global leader in the fight against illicit drugs and international crime. Established in
1997 through a merger between the United Nations Drug Control Programme and the Centre for
International Crime Prevention, UNODC operates in all regions of the world through an extensive network
of field offices. UNODC relies on voluntary contributions, mainly from Governments, for 90 per cent of its
budget.
UNODC is mandated to assist Member States in their struggle against illicit drugs, crime and
terrorism. In the Millennium Declaration, Member States also resolved to intensify efforts to fight
transnational crime in all its dimensions, to redouble the efforts to implement the commitment to counter
the world drug problem and to take concerted action against international terrorism.
UNODC seeks to achieve security and justice for all by helping States and their peoples to
protect them against the threats posed by drugs, crime and terrorism. The UNODC’s work is guided by
mandates and driven by the needs of Member States as defined in the UNODC Strategy for the period
2008-2011. UNODC work is also guided by a broad range of international legally binding instruments,
such as the UN Convention against Transnational Organized Crime and the UN Convention against
Corruption, and a set of UN standards and norms on crime prevention and criminal justice. Fostering
respect for and adherence to the rule of law is at the centre of the international community’s efforts to
address crime, drugs and terrorism. Governance and anti-corruption, strengthening justice systems and
improving safety and security are key aspects of UNODC’s work in promoting the rule of law world-wide.
UNODC covers about 150 countries through its Field office network (i.e. regional, country and
programme offices). Besides operating at the national level, the Office is developing a new generation of
regional programmes (i.e. East Asia and Pacific, Eastern Africa, West Africa, North Africa/Middle East,
Central America/Caribbean, and the Balkans) to promote the rule of law and human security. Key
objectives are to ensure full ownership by Member States, alignment with regional and national policies
and priorities, close engagement with the UN system as a whole, and coordination with other
donors/development agencies.
Core functions
UNODC is mandated to assist Member States in their struggle against illicit drugs, crime and
terrorism. In the Millennium Declaration, Member States also resolved to intensify efforts to fight
transnational crime in all its dimensions, to redouble the efforts to implement the commitment to counter
the world drug problem and to take concerted action against international terrorism.
The three pillars of the UNODC work programme are:
 Field-based technical cooperation projects to enhance the capacity of Member States to
counteract illicit drugs, crime and terrorism
 Research and analytical work to increase knowledge and understanding of drugs and crime
issues and expand the evidence base for policy and operational decisions
 Normative work to assist States in the ratification and implementation of the relevant international
treaties, the development of domestic legislation on drugs, crime and terrorism, and the provision
of secretariat and substantive services to the treaty-based and governing bodies
In pursuing its objectives, UNODC makes every effort to integrate and mainstream the gender
perspective, particularly in its projects for the provision of alternative livelihoods, as well as those against
human trafficking.
According to the UNODC’s Strategy for 2012-2015, main tasks of the UNODC’s work are:
1. Countering transnational organized crime, illicit trafficking and illicit drug trafficking (Objectives: to
promote effective responses to transnational organized crime, illicit trafficking and illicit drug trafficking
by facilitating the implementation at the normative and operational levels of the relevant United
Nations conventions)/
2. Countering corruption (Objectives: to prevent and combat corruption, in line with the United Nations
Convention against Corruption).
3. Terrorism prevention (Objectives: To promote and strengthen a functional criminal justice regime
against terrorism that is effective and is implemented by States in accordance with the rule of law).
4. Strengthening criminal justice system (Objectives: to strengthen the rule of law through the prevention
of crime and the promotion of effective, fair, humane and accountable criminal justice systems, in line
with the United Nations standards and norms in crime prevention and criminal justice and other
relevant international instruments).
5. Prevention of drug use, treatment and reintegration, and alternative development (Main Objectives:
reduction of drug abuse and HIV/AIDS through effective prevention campaigns; treatment, care,
rehabilitation, and reintegration into society of drug users; development and implementation of
effective, comprehensive, integrated drug demand reduction policies and programmes based on
scientific evidence; fostering and strengthening of international cooperation based on the principle of
shared responsibility in sustainable alternative development, including, where appropriate, preventive
alternative development).
6. Research, trend analysis and forensics (Objectives: enhanced knowledge of thematic and cross-
sectoral trends for effective policy formulation, operational response and impact assessment, based
on a sound understanding of drug, crime and terrorism issues).
7. Policy support (Objectives: to facilitate policy and operational responses on issues related to drug
control, crime prevention and criminal justice).
Membership
 The Commission is composed of 40 Member States elected by the Economic and Social Council,
with the following distribution of seats among the regional groups:
1) Twelve for African States;
2) Nine for Asian States;
3) Eight for Latin American and Caribbean States;
4) Four for Eastern European States;
5) Seven for Western European and other States.
UNITED NATIONS INTERNATIONAL CHILDREN’S
EMERGENCY FUND (UNICEF)
All children have a right to survive, thrive and fulfill their potential - to the benefit of a better world.
UNICEF’s History
Imagine living in a post-war landscape where food and clean water is hard to come by and a
simple cut can lead to a deadly infection. Imagine being surrounded by violence and having little to no
recognized rights. Now image that you are a child in this environment. UNICEF was created to help and
advocate for children in these situations. Let’s take a quick look at its history.
The United Nations International Children’s Emergency Fund (UNICEF) was created by the
United Nations in 1946 to provide food, clothing, and healthcare to the children of post-World War II
Europe. In 1953, UNICEF became a permanent part of the United Nations. While its name was shortened
to United Nations Children Fund at that time, it is still is referred to as UNICEF.
UNICEF expanded the scope of its activities in the 1960s to include advocating for and advancing
children’s rights to education, healthcare, and nutrition. UNICEF won the Nobel Peace Prize in 1965.
UNICEF eventually expanded its scope to the struggle of women, especially mothers, in the developing
world. For example, it launched its ‘Women in Development Programme’ in 1980. In 1982, UNICEF
commenced a new children’s health program that focused on monitoring growth, oral rehydration therapy,
advocating breastfeeding, and immunization. In 1989, the UN General Assembly adopted the Convention
on the Rights of the Child, which UNICEF uses as guidance for its programs.
Mandate and Objectives
 UNICEF believes that nurturing and caring for children are the cornerstones of human progress.
 UNICEF was created with this purpose in mind to work with others to overcome the obstacles that
poverty, violence, disease and discrimination place in a child’s path.
 We believe that we can, together, advance the cause of humanity.
Brief Overview of Main Activities
UNICEF advocate for measures to give children the best start in life, because proper care at the
youngest age forms the strongest foundation for a person’s future. They promote girls’ education
– ensuring that they complete primary education as a minimum
– because it benefits all children, both girls and boys.
Girls who are educated grow up to become better thinkers, better citizens, and better parents to
their own children. We act so that all children are immunized against common childhood diseases, and
are well nourished, because it is wrong for a child to suffer or die from a preventable illness. We work to
prevent the spread of HIV/AIDS among young people because it is right to keep them from harm and
enable them to protect others. We help children and families affected by HIV/AIDS to live their lives with
dignity.
 UNICEF involve everyone in creating protective environments for children. They are present to
relieve suffering during emergencies, and wherever children are threatened, because no child should be
exposed to violence, abuse or exploitation. UNICEF upholds the Convention on the Rights of the Child.
We work to assure equality for those who are discriminated against, girls and women in particular. We
work for the Millennium Development Goals and for the progress promised in the United Nations Charter.
They strive for peace and security. We work to hold everyone accountable to the promises made for
children. They are part of the Global Movement for Children – a broad coalition dedicated to improving the
life of every child. Through this movement, and events such as the United Nations Special Session on
Children, we encourage young people to speak out and participate in the decisions that affect their lives
Objectives of UNICEF
 UNICEF is mainly focused on the growth and welfare of children and youth, as this organization
knows that, these people are going to be the architect of the future.
 It is engaged in many programs to provide the right nutrition to malnourished children in many
backward countries of the world.
 It discourages child labor vehemently, and consistently. UNICEF focuses on giving every child an
education. It is also taking all those necessary steps to ensure that every child could get the basic
education for free.
 It is also fighting against gender inequality. UNICEF is arranging different programs in different
parts of the world to teach parents to see both boys and girls with the same importance.
 UNICEF is undertaking different programs to reduce the child mortality rate by giving them proper
treatment.
 UNICEF is also fighting against child abuse, violence and exploitation.
 UNICEF is also fighting against endemic diseases such as malaria. It has a noble aim to
eradicate many endemic diseases from world.
 It is also taking many steps to administer proper immunization, especially to children. This
organization is distributing free vaccines in many areas, where people can’t afford to buy
vaccines.
 There are many countries in the world, where people are not getting water to drink. In those
areas, UNICEF takes many expensive measures to provide water to the people.
Function
Following are some of the functions of UNICEF:
 Providing Basic Education Infrastructure to the world
 Increasing Child Survival rate in the developing world.
 Gender equality through education for girls.
 Protection of children from any form of violence and abuse
 Protecting and advocating the rights of children.
 Immunization of infants from different diseases.
 Provision of adequate nutrition and safe drinking water to children
Members
The Executive Board is made up of 36 Member States, elected to three-year terms by the
Economic and Social Council, with the following regional allocation: Africa (8 seats),Asia (7), Eastern
Europe (4), Latin America and Caribbean (5) and Western Europe and Others (12).
UNICEF Social Inclusion and Policy
UNICEF focuses on the critical impact social and economic policy issues have on children. Our
work is centered around Global Economic Crisis and Recovery, Child Poverty and Disparities, Social
Budgeting and Public Finance, Migration and Social Protection.
Building on field experience and working in alliance with other United Nations agencies, UNICEF
collaborates with partners to stimulate dialogue around macro level policies that guide national
frameworks, legislative reform and budgetary allocations affecting children and families. Read more on
Policy Matters; which showcase results of UNICEF’s upstream policy analysis and advocacy and
highlights new thinking on social policy areas.
A network of UNICEF social policy advisors and officers work to develop and strengthen
important external partnerships at country, regional and global levels with ministries of finance,
parliaments, the World Bank, the International Labour Organization, United Nations Development
Programme and United Nations Department of Economic and Social Affairs, among others.
Child poverty is a multidimensional phenomenon and can be measured in many ways. It is
imperative that governments make a commitment to child poverty reduction, recognizing and responding
to child poverty is the first priority, alongside building expertise and improved approaches to child poverty
measurement. Understanding child poverty to the fullest possible extent is vital. While an adult may fall
into poverty temporarily, falling into poverty in childhood can last a lifetime – rarely does a child get a
second chance at an education or a healthy start in life. As such, child poverty threatens not only the
individual child, but is likely to be passed on to future generations, entrenching and even exacerbating
inequality in society. UNICEF is working to more fully understand how and where children are
experiencing poverty, to allow a more nuanced set of policy responses in national mechanisms such as
poverty-reduction strategies.
Global Study on Child Poverty and Disparities
UNICEF launched a Global Study on Child Poverty and Disparities in September 2007 to
strengthen the profile of children at the national policy table. The study aims to influence the economic
and social policies that affect resource allocations, and hopes to make children a priority in national
programmes addressing the poverty of families raising children. The study addresses the health,
education and protection needs of children living in poor, vulnerable households, unsafe circumstances
and disadvantaged communities on the global study on child poverty and disparities blog.
Despite some progress towards the Millennium Development Goals, millions of women and
children are still left behind – even in countries that have demonstrated improvement overall. UNICEF has
taken on an enhanced organizational commitment to leveraging evidence, analysis, policy and
partnerships to promote gender equality and deliver results for all children. The Global Study on Child
Poverty and Disparities, carried out in50 countries and seven regions with UNICEF support, is part of that
effort.
The study produces comparable analyses on child poverty and disparities in nutrition, health,
education and child and social protection through collaboration with national and international partners.
The results and process of the study have generated evidence, insights and networks that have been
used as leverage to influence national development plans, and inspired and fed into poverty reduction
strategies or sector-wide approaches, common country assessments and other development instruments.
With support from a number of experts and international research centres, the social policy and
economical analysis unit in UNICEF’s division of policy and planning created a comprehensive Global
Study Guide to help carry out the study in each participating country.
It is found that context-specific evidence to assess policy responsiveness to outcomes related to
child poverty and disparities. With a comprehensive approach, this analysis uses the material and
deprivation approach to measure child poverty and assess how these approaches interact with one
another. The country analyses are conducted by teams of national experts in collaboration with UNICEF
country focal points, and include participatory mechanisms to engage with multiple stakeholders at the
country level. A core, global network of child poverty experts across50 countries should foster knowledge
sharing and collaboration across every region. Individual country reports are at the heart of the global
study, and we envision that they will serve as the building blocks for regional and global reports.
Social Protection Strategic Framework
UNICEF has been working on social protection for many years as part of its global mandate to
advocate for and expand children’s rights and opportunities. This work includes supporting governments
in the development and strengthening of programmes and policies, advocating for child and gender-
sensitive social protection, as well supporting the Social Protection Floor Initiative. It is thus with great
pleasure that UNICEF announces the launch of its first global Social Protection Strategic Framework.
This newly released document presents UNICEF’s approach to social protection, makes the case
for child-sensitive interventions, promotes the development and strengthening of integrated social
protection systems, discusses the importance of a multi-sector approach that maximizes linkages for
improving sector outcomes, and discusses current debates including social protection financing,
expansion of coverage, and inclusive design. Moreover, the Framework proposes a collaborative policy
agenda for social protection including UNICEF’s potential role as a platform to engage development
partners in leveraging social protection for children.
INTERNATIONAL POLICE ASSOCIATION (IPA)
Motto of the Association
Since its Founding, the Association’s Esperanto motto of “Servo per Amikeco” meaning “Service through
Friendship”, has reached more people than could have been imagined.
The International Police Association (IPA) is the largest organisation for police officers in the
world, founded by British sergeant Arthur Troop(1914–2000). The Association has 64 national Sections
and over 420,000 members and associate members.
The IPA - the largest police organisation in the World - was founded on 1 January 1950. Since
that time, its Esperanto motto “Servo per Amikeco” (Service through Friendship) has reached more
people than could have been imagined.
The Association was formed because a police sergeant from Lincolnshire, England, Arthur Troop,
wanted to create a channel for friendship and international co-operation amongst police officers. With the
help of early pioneers he helped to found other national sections in Western Europe, Africa, America
(north and south), Asia and Australasia. In 1955, at the first International Executive Committee meeting in
Paris, he became the first International Secretary General, a post he held until 1966.
In the Queen’s Birthday Honours List of 1965 Arthur Troop was awarded the British Empire Medal
for his work in founding the IPA. At the 26th IEC Conference in Vienna, in 1995, he was awarded the IPA
World Police Prize. The association’s 50th Anniversary World Congress was held in Bournemouth in May
2000.
Purpose of the IPA
The purpose of the IPA is to create bonds of friendship and to promote international co-operation
amongst its members and other policing services internationally.
Aims of the IPA
 The Aims of the IPA include the development of cultural relations amongst its members, a
broadening of their general knowledge and an exchange of professional experience. In addition, it seeks
to foster mutual help in the social sphere and to contribute, within the limits of its possibilities, to the
peaceful co-existence of different peoples and to the preservation of world peace.
Objectives of the IPA
The International Police Association undertakes:
 To promote among the police services of all the member Sections respect for law and order;
 To develop social and cultural activities and to encourage the exchange of professional
experiences;
 To enhance the image of the police in the countries of its member Sections and to help improve
relations between the police and the general public;
 To encourage personal contacts by organising exchange visits of individuals and groups,
arranging group holidays and initiating pen-friendships;
 To foster youth exchanges and international youth meetings with a view to promoting greater
tolerance and understanding between people, and understanding for the work of the police;
 To facilitate a regular exchange of publications between the National Sections and to provide an
information service for the National IPA publications containing news on all subjects of relevance
to the Association;
 To promote international publications, and to help with the preparation of a bibliography of police
works and, wherever possible, of all works connected with the law or legal matters;
 To facilitate international co-operation through friendly contacts between police officers of all
continents and to contribute to a mutual understanding of professional problems.
 Friendship Weeks, Sports Events and Anniversary Celebrations with social and cultural flavours
are held regularly, both nationally and internationally.
 Professional Study, Exchange or Travel Scholarships are encouraged in many Sections and are
available to those seeking professional exchanges.
 Hobby Groups, allow members to share their interests with other like-minded people. For
example, Radio Amateurs, Computer Enthusiasts, Stamp Collectors, Pen-friends, etc.
 Participation of Members’ families: The Association welcomes and encourages involvement of
spouses, partners and children.
 Social Events are enjoyed at local (Branch) level to establish and maintain bonds of friendship
and camaraderie.
International Affiliation
Internationally more than 60 IPA Sections (Countries) are affiliated to the Association. The total
individual membership of the IPA stands well over 400 000 members.
 Chapter No. 13
TERRORISM, RADICALISM AND WAR ON TERROR

TERRORISM
The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended
to coerce or to intimidate governments or societies in the pursuit of goals that are generally political,
religious, or ideological.”Within this definition, there are three key elements violence, fear, and intimidation
and each element produces terror in its victims.
There are three perspectives of terrorism: the terrorist’s, the victim’s, and the general public. The
phrase “one man’s terrorist is another man’s freedom fighter “is a view terrorists themselves would gladly
accept. Terrorists do not see themselves as evil. They believe they are legitimate combatants, fighting for
what they believe in, by whatever means possible to attain their goals. A victim of a terrorist act sees the
terrorist as a criminal with no regard for human life. The general public’s view though can be the most
unstable. The terrorists take great pains to foster a “Robin Hood” image in hope of swaying the general
public’s point of view toward their cause. This sympathetic view of terrorism has become an integral part
of their psychological warfare and has been countered vigorously by governments, the media and other
organizations.
Terrorism is a criminal act that influences an audience beyond the immediate victim. The strategy
of terrorists is to commit acts of violence that draws the attention of the local populace, the government,
and the world to their cause. The terrorists plan their attack to obtain the greatest publicity, choosing
targets that symbolize what they oppose. The effectiveness of the terrorist act lies not in the act itself, but
in the public’s or government’s reaction to the act. For example, in 1972 at the Munich Olympics, the
Black September Organization killed 11 Israelis. The Israelis were the immediate victims. But the true
target was the estimated 1 billion people watching the televised event. Those billion people watching
were to be introduced to fear - which is terrorism’s ultimate goal. The introduction of this fear can be
from the threat of physical harm/a grizzly death, financial terrorism from the fear of losing money or
negative effects on the economy, cyber terrorism harming the critical technological infrastructures of
society and psychological terrorism designed to influence people’s behaviour. Terrorism is designed to
produce an overreaction and anecdotally, it succeeds at that almost all the time.
Terrorism is the use of violence to create fear (i.e., terror, psychic fear) for
(1) Political,
(2) Religious, or
(3) Ideological reasons (ideologies are systems of belief derived from worldviews that frame human social
and political conditions).
The terror is intentionally aimed at noncombatant targets (i.e., civilians or iconic symbols), and the
objective is to achieve the greatest attainable publicity for a group, cause, or individual. The meaning of
terrorism is socially constructed. Terrorism is different from murder, assault, arson, demolition of property,
or the threat of the same; the reason is that the impact of terrorist violence and damage reaches more
than the immediate target victims (e.g., government or military). It is also directed at targets consisting of
a larger spectrum of society (e.g., civilians or even society as a whole). Terrorism is distinct from regular
crime because of its powerful objectives.
The change is desired so desperately that the inability to achieve change is perceived as a worse
consequence than the deaths of civilians. Terrorist acts are both mala prohibita acts and mala in se acts.
Mala prohibit acts are “crimes that are made illegal by legislation”; mala in se acts are crimes “that are
immoral or wrong in themselves.” Terrorism is, first and foremost, a method, and it is used in times of
peace and conflict. A terrorist organization is an illicit clandestine organization that generally consists of
planners, trainers, and actual bombers/killers. A terrorist organization can have various structures, such
as an identifiable hierarchy of command, a horizontal structure where leaders are non-identifiable or have
no major role, or a cell structure where the terrorists can be “lone wolves.” Terrorism is also asymmetric
warfare.
Asymmetric warfare refers to the use of random/unpredictable violence by a weak group (i.e., one
with a smaller force) against a stronger power (i.e., military, government, or even society in general) to
gain advantage. Asymmetrical warfare is fought between grossly unequal sides. The less powerful force
does not attack the more powerful force under the conventional rules of war because it cannot win by
following these tactics. The centrality of asymmetric warfare is the use of unexpected and unconventional
tactics in combat. This is similar to the notion of war without front lines, a war waged in the shadows
against an indescribable enemy, without a clear understanding of where it would lead or how it would end.
The concept of old terrorism and new terrorism
There has been a radical transformation, if not a revolution, in the character of terrorism. Laqueur
(terrorism expert) compares old terrorism with new terrorism. Old terrorism is terrorism that strikes only
selected targets for some specific goals. New terrorism is terrorism that is indiscriminate; it causes as
many casualties as possible. Another major feature of new terrorism is the increasing readiness to use
extreme indiscriminate violence. He argues that “the new terrorism is different in character, aiming not at
clearly defined political demands but at the destruction of society and the elimination of large sections of
the population” Terrorism has changed because of a paradigm shift.
Why does terrorism exist?
The reasons are complex and plentiful. The factors that motivate people to join and remain in
terrorist groups can be religious, economic, social, psychological, retaliatory, and so forth. Below is a list
of fifteen causes, based on an extensive examination of journal articles and books on terrorism written by
various experts on the matter
1. Religion Extremism:
Religious fanaticism is an extreme sense of ideological zeal complemented by a focused and
unrelenting set of activities that express the high dedication of one or more people to their own belief
system(s). Radical religious Islamism has been identified as a root cause of terrorism. The Islamist
attacks against civilians from Glasgow to Jakarta confirm that many Islamists are ideologically determined
to engage in terrorism. In the early 1950s, Hizbut-Tahrir (The Liberation Party) advocated the collapsing
of Arab regimes and the formation of an Islamic state. In 1952, Jordan and all other Arab states banned
the party. Ironically, European countries such as Great Britain have permitted Islamic parties to establish
ideological roots. Ex-Islamist Ed Husain, the author of The Islamist, argues that this British course of
action was a blunder, as proved by the 2005 London bombings committed by Islamist terrorists.
2. Oppression:
Terrorism can be the result of groups’ portrayal of governments (and their actors) as oppressive.
Terrorism, then, feeds on the desire to reduce the power of opponents. In autocratic societies, military-
occupied areas, or even in the international arena where political expression is limited, groups opposing
the current state of affairs may engage in terrorism as a principal method of expression and not as a last
resort. Especially in the case of nationalist-separatist movements (e.g., ETA, Hamas), terrorists often
invoke the unfairness of their treatment by governments that deprive them of identity, dignity, security,
and freedom as the main reason for joining terrorist groups.
3. Historical grievances:
Terrorists target governments and groups they view as responsible for historical injustices.
Chechen terrorists have defended their terrorist attacks by alluding to Russia’s long-lasting rejections of
Chechen desire for independence, and the old and cruel history of Russian invasion of Chechnya dating
back to the 17th century. The Basque separatist movement ETA, Sikh extremists (in India), the IRA, the
ANC (in South Africa), and pro-Palestinian terrorist groups have all looked for vengeance for historical
grievances. Reports on Palestinian suicide bombers systematically refer to historical grievances, such as
resentment, humiliation, sorrow, and the aspiration for vengeance and retaliation. Resentment and
revenge are a major principle in the writings of the Shi’ite thinkers of jihad. Jihadists exploit collective
narratives of humiliation and revenge to rationalize the need to kill themselves, civilians, and even fellow
Muslims, as is the case in Iraq.
4. Violations of international law:
In the terrorist’s mind, a wrong can be the violation of some basic right treasured by the terrorist.
The right may have been infringed on by a historical incident, such as a war or multiple violations of
international law (e.g., genocide and unlawful dispossession of local inhabitants). The international rule of
law is the standard by which all nations are subject to and bound by supranational legal covenants.
5. Relative deprivation:
Multiple scholars have found a strong link between poverty and terrorism.87 In view of the 70%
adult unemployment rate in Gaza, the GDP of less than $1,000 throughout the Palestinian Territories, the
very limited economic opportunities due to the unsettled Israeli– Palestinian conflict, and the cultural
prominence of the male wage-earner role, it is easy to allude to the possibility that relative deprivation has
helped trigger Palestinian terrorism.88 Sageman (2004)89 describes how the Core Arabs (from Saudi
Arabia, Egypt, Yemen, and Kuwait) sent abroad to study by their rich families were rejected,
underemployed, and possibly discriminated against. Hence, they found themselves in a state of relative
deprivation in comparison with the natives of their host countries.
The Maghreb Arabs living or born in France may experience such relative deprivation too. In both
cases, the Arabs’ perception of relative deprivation may have been assuaged by their espousal of radical
Islam; this is a way for them to rebuild their dignity, to be “born again,” and to disseminate their values. In
Peru, the popularity of the Shining Path (SenderoLuminoso) in the 1960s, where government economic
restructurings initially gave hope but then failed, is another historical case of relative deprivation.90
6. Hatred toward the global economic hegemony:
Countries that express hatred toward the global economic hegemony will produce more terrorist
groups. The background that gave birth to Al Qaeda, namely Afghanistan and Pakistan, symbolizes this
notion.91 Many terrorists abhor the World Trade Organization (WTO). According to the Bureau of
Economic Analysis, the September 11, 2001 attacks shattered $16 billion of private and government
property, including structures, computer equipment, and software. The loss is of the same degree as that
caused by Hurricane Andrew in 1992 and the California earthquake of 1994.92
7. Financial gain:
Terrorism can be used for sheer financial gain. Generally, corporate hostage taking in Central
and South America, and hostage taking by the Abu Sayyaf group in the Philippines, happens more out of
a desire to earn a ransom than achieving political goals. In 1987, the Iran-Contra scandal concluded with
an arms-for-hostage deal, even when the Reagan administration initially refused to negotiate with
terrorists.93 After Palestinian bombers commit suicide, their families earn subsequent social status and
are usually secured a financial reward.
8. Racism:
Racism can be a powerful method for dehumanizing adversaries and accomplishing moral
disengagement. Gottschalk and Gottschalk (2004)95 found that both Palestinian and Israeli terrorists
draw on stereotypes and racism to dehumanize the other group. Similarly, the FBI-watched Aryan
Brotherhood (a group of devious bikers formed in U.S. prisons) identifies with Nazi ideals (as noticed with
their Nazi symbols) and has vowed to remove the Jewish and Black races out of the earth.
9. Guilt by association:
For terrorists, you are the company that you keep. For example, the 2004 Madrid train bombings
were executed by an Al Qaeda–inspired terrorist cell. One of the motives was Spain’s involvement in the
Iraq War, where the country had troops. Likewise, since decolonization in continents like Africa and South
America, the West has been the target of terrorist attacks because it has been accused of making local
minorities of Westernized people become comprador ruling elites.
10. Supporting sympathizers:
Because terrorism is the weapon of the oppressed, an important goal is to push the stronger
power (e.g., U.S.) into unleashing against the terrorists’ perceived support base. Such acts of retaliation,
cruelty, and counterterrorism often turn the stronger power into a support for sympathizers, like a
recruiting driver for the terrorist cause. For example, a chief Al Qaeda objective would have been to
trigger U.S. retaliation so that the U.S. was seen as violently repressive.
11. Mortality salience:
Mortality salience refers to anxiety over one’s own death. It is examined the effect of mortality
salience on Iranian and U.S. students and their respective espousal of martyrdom (terrorism) or extreme
military intervention (counterterrorism). When Iranian students answered questions about their own
demise, they rated the student who advocated martyrdom as higher than the student who opposed it.
However, among politically conservative U.S. students, mortality salience increased advocacy for extreme
military interventions by U.S. forces
12. Narcissism:
A common characteristic among many of these terrorists is a propensity to externalize to look for
outside sources to blame for personal inadequacies. Without being bluntly paranoid, terrorists over-rely
on the ego defense of projection. Other prominent characteristics were a defensive grandiosity and a
larger-than-life self-absorption with little concern for others’ feelings. Crenshaw (1990)101 observed
various self-satisfying or self-aggrandizing motives for resorting to terrorist behavior and an increase in
personal status for terrorists whose actions are praised by their communities, or at least by their fellow
group members.
13. Sensation-seeking:
Another variable suggested as a reason for being drawn to the path of terrorism is sensation-
seeking. Here, sensation-seeking denotes the inherent risk and excitement that a terrorist career may
provide. Researchers contend that it is highly plausible that sensation-seekers are more likely to join an
organization that uses violent tactics. Sensation-seeking entails personal reward, including the thrill of the
combative lifestyle and a feeling of empowerment through violence. The appeal and excitement of
terrorism, perhaps the fascination for some individuals, lie in part in the physical danger it involves. Some
terrorists have been reported to be stress-seekers seeking to increase the emotional intensity or the level
of activation of the organism. Stress-seekers meticulously plan their behavior, respond more to internal
than external necessities, and frequently repeat stressful activities. Moreover, repetition of the stressful
situation becomes not only addictive and fanatical but also escalatory; the stress-seeker is forced to
perform more to achieve the same high.
14. Failure of conventional channels of expression:
In democratic civilizations, the use or threat of using terrorist violence is seen by some scholars,
like Chomsky (2006), as the definitive failure of conventional channels of political expression and
legitimate systems of authority. A related concept is the Death of Statecraft, whereby diplomats fail to
negotiate with their counterparts or nation-states do not attempt at engaging in communicative action. As
a result, people deploy more lethal actions. Terrorism, then, becomes a by-product of violations of
diplomacy and other forms of political expression.
15. Communication and publicity:
This is a major premise of this book, and several chapters are devoted to communication and
publicity. In essence, by killing adversaries or innocent civilians, terrorists seek to publicize their cause,
communicate demands, air grievances to bulldoze authorities, sway the public policy agenda, or gain
concessions. If publicity is constrained or unsatisfactory to the group’s tactical goals, the group’s terrorist
violence will probably escalate. After the British press and population reacted to the London terrorist
bombings of July 7, 2005 (and the failed attacks two weeks later) with defiance and a stiff upper lip,
Ayman al-Zawahiri, Al Qaeda’s new #1 (also called “the Egyptian doctor”), felt compelled to issue
additional threats through the Qatar-based Al Jazeera TV station.
RADICALISM
Radicalism means political orientation of those favoring revolutionary change. In political science,
the term radicalismis the belief that society needs to be changed, and that these changes are only
possible through revolutionary means.
Radicalism more accurately reflects the political and ideological dimension of the threat. No
matter how diverse the causes, motivations, and ideologies behind terrorism, all attempts at premeditated
violence against civilians share the traits of violent radicalism. Second, while terrorism is a deadly security
challenge, radicalism is primarily a political threat against which non-coercive measures should be given a
chance. There is nothing preordained in the possible transition from radicalism to terrorism. All terrorists,
by definition, are radicals. Yet all radicals do not end up as terrorists. In fact, only a few radicals venture
into terrorism. At the same time, it is clear that most terrorists start their individual journey towards
extremist violence first by becoming radicalized militants. Since radicalism is often a precursor to
terrorism, focusing on radicalism amounts to preventing terrorism at an earlier stage, before it is too late
for non-coercive measures. Finally, radicalism, unlike terrorism, has social dimensions.
 There are radicalized societies where acts of terrorism find some sympathy and degree of
support. It is impossible to talk about terrorism as a social phenomenon, however. There are no ‘terrorist’
societies. The relative popularity of certain terrorist networks in the Islamic world can only be explained
within the framework of such radicalized societies where extremist violence finds a climate of legitimacy
and implicit support. Such radicalized societies are permeated by a deep sense of collective frustration,
humiliation, and deprivation relative to expectations. This radicalized social habitat is easily exploited by
terrorists. This is why focusing on the collective grievances behind radicalism is probably the most
effective way of addressing the root causes of terrorism. This effort at prevention can be conceived of as
a first line of defense against terrorism.
The goal is to reduce the social, economic, and political appeal of terrorism by isolating terrorists
and winning over potential recruits. Once the challenge is defined as such, the next and more difficult step
is to identify an effective strategy to fight radicalism. The socioeconomic and political context where
radicalism takes root, particularly in the context of the Arab world, presents an urgent situation for the
West. This enabling environment can be altered most effectively by focusing on relative deprivation and
human development. The next two sections of the article will focus on these concepts from within the
context of the broader Middle East.
“Dismissing the social and economic causes of radicalism on the grounds that some terrorists
have middle-class backgrounds is simplistic and misleading.”
Globalization creates an acute awareness about opportunities available elsewhere. This leads to
frustration, victimization, and humiliation among growing cohorts of urbanized, undereducated, and
unemployed Muslim youth who are able to make comparisons across countries. The scale of youth
frustration is compounded by a demographic explosion, growing expectations, weak state capacity, and
diminishing opportunities for upward mobility in most parts of the Muslim world. Globalization further
exacerbates this situation because restive Muslim masses of both genders are caught in the growing
tension between religious tradition and western modernity.
Socioeconomic decay in the Islamic world often creates considerably more frustration than in
other parts of the developing world for historical reasons, as well. Particularly in the Arab world, a sense
of nostalgia for the golden age of Islam-during which Arab civilizations far surpassed Europe-is deeply
ingrained in the political culture. Unlike other developing regions of the world, Arab countries have a
historic, cultural, and civilizational sense of rivalry with the Christian West. Geographic proximity further
complicates this picture. Europe is often a historic point of reference in terms of social, economic, and
political success. Feelings of a historic sense of superiority combined with the more recent memories of
colonial subjugation and military defeat create a dangerous sense of victimization, resentment, and
injustice in large parts of the Arab world. All these factors significantly compound the level of frustration of
a great civilization nurturing great expectations and aspirations.
An effective strategic campaign against radicalism in the Arab and Islamic world at large should
take the socio-economic dimension of this collective frustration very seriously. Little can be done in the
short-term about deeply rooted cultural and psychological grievances. But quite a lot can be done in the
social and economic sphere. Take the question of political Islam for example. Weak Muslim states are
often unable to provide adequate social and economic services. The capacity gap within Muslim states
such as Egypt, Jordan, Morocco, and Pakistan creates a vacuum that is frequently filled by grassroots
Islamic organizations that provide goods and services in crucial areas such as health, education, and
housing. The strength of these Islamic networks is magnified by the weaknesses of the state system. In
that sense, the absence of effective public services opens the field for the rise of Islamic networks with
their own political agendas.
 Finally, in addition to socioeconomic decay, the absence of constitutional liberties brings a
‘political’ dimension to relative deprivation in the Arab world. In other words, there is a growing gap
between political aspirations and the realities on the ground. Improving educational standards without
increasing prospects for employment, or providing jobs without creating outlets for political and social
participation all create a combustible mix in the Arab world. The growing numbers of educated but
unemployed youth are particularly alarming. It is, after all, the educated youth who have the highest
political aspirations and expectations, and thus, it is they who are the most frustrated when their
expectations are unmet.
The growth of unemployment among the educated often creates a class of ‘frustrated achievers’
who may end up becoming radicalized militants looking for a political cause to hang on to.4 Repressive
political systems exacerbate these dynamics. In most authoritarian Muslim countries, the mosque is the
only institution not brutally suppressed by the regime. And when the mosque is the only outlet for mass
politics, the outcome is predictable: the Islamization of dissent. As dissent turns Islamic, what naturally
follows is the politicization of Islam. Political Islam thus slowly evolves into a resistance movement against
injustice, state oppression, and western support for repressive regimes.
As authoritarian governments become more repressive, a vicious cycle of violence and counter-
violence emerges. Once political Islam is pushed underground, it turns more radical, aggressive, and
resentful. It is therefore absolutely necessary to provide legitimate political outlets other than Islam and
the mosque for opposition movements in the Muslim world. All these problems illustrate the need for
alternative strategies to address radicalism in the Islamic world. The new approach should find ways to
promote democratization, security, and economic development in a comprehensive and harmonious
framework. Given the multifaceted nature of factors fueling radicalism, the social and economic agenda
against relative deprivation and radicalism needs to be defined very broadly. The goal of ‘human
development’ offers such an alternative.
TERRORISM, RADICALISM AND WAR ON TERRORISM
The War on Terror, also known as the Global War on Terrorism, refers to the international military
campaign that started after the September on the United States. The United States led a coalition of other
countries in a long but unsuccessful campaign to destroy al-Qaeda and other militant Islamist
organizations.
The Authorization for Use of Military Force against Terrorists or “AUMF” was made law on
September 14, 2001, to authorize the use of United States Armed Forces against those responsible for
the attacks on September 11, 2001. It authorized the President to use all necessary and appropriate force
against those nations, organizations, or persons he determines planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in
order to prevent any future acts of international terrorism against the United States by such nations,
organizations or persons. Congress declares this is intended to constitute specific statutory authorization
within the meaning of section 5(b) of the War Powers Resolution of 1973.
The George W. Bush administration defined the following objectives in the War on Terror:
1. Identify, locate and demolish terrorists along with their organizations
2. Deny sponsorship, support and sanctuary to terrorists
 End the state sponsorship of terrorism
 Establish and maintain an international standard of accountability with regard to
combating terrorism
 Strengthen and sustain the international effort to combat terrorism
  Work with willing and able states
 Enable weak states
 Persuade reluctant states
 Compel unwilling states
 Interdict and disorder material support for terrorists
 Abolish terrorist sanctuaries and havens
3. Diminish the underlying conditions that terrorists seek to exploit
1. Partner with the international community to strengthen weak states and prevent
(re)emergence of terrorism
2. Win the war of ideals
4. Defend U.S. citizens and interests at home and abroad
1. Integrate the National Strategy for Homeland Security
2. Attain domain awareness
3. Enhance measures to ensure the integrity, reliability, and availability of critical, physical,
and information-based infrastructures at home and abroad
4. Implement measures to protect U.S. citizens abroad
5. Ensure an integrated incident management capability
 Chapter No. 14
MEDIA’S REPRESENTATION OF CRIME
AND THE CRIMINAL JUSTICE SYSTEM
The mass media and individuals have an obsession with crime; libraries and bookstores are full
of crime fiction and nonfiction books, and newspaper devotes roughly 30 per cent of their coverage to
crime. However some groups argue that this is dangerous in that it presents a distorted view of crime;
both in the selection of crime news stories, depending on their newsworthiness, and the over-
representation and exaggeration of certain crimes, which can increase the risk of some individuals
believing that they are more likely to be a victim.
The media plays a key role in agenda setting in relation to crime and deviance. Agenda setting
refers to the media’s influence over the issues that people think about. The mass media clearly can’t
report every single criminal or deviant act that occurs, and media personnel are necessarily very selective
in the incidents that they choose either to report or ignore. Naturally people are only able to discuss and
form opinions about the crime and deviance that they have been informed about, provided by the agenda
setting media. This results in people’s perceptions of crime and deviance in society being influenced by
what media personnel choose to include or leave out of their newspapers, television programmes, films or
websites. Media representation overwhelmingly therefore influences what people believe about crime
regardless of whether these impressions are true or not.
It is pointed out that media coverage of crime and deviance is filtered through journalists’ sense of
what makes an event newsworthy – a good story that media audiences want to know about. The idea of
this is driven by what are known as ‘news values’. These are values and assumptions held by editors and
journalists which guide them in choosing what is newsworthy, and therefore what to report on and what to
leave out, and how to present these stories. This notion means that journalists tend to include and play up
those elements of a story that make it more newsworthy, and the stories that are most likely to be
reported are those with dramatic aspects.
In relation to crime specifically, suggest these news events have to be considered significant or
dramatic enough to be in the news a single rape may make the local newspaper, but a serial rapist might
become a national story, for example, the Yorkshire ripper. Crime becomes newsworthy when it can be
presented as serious, random and unpredictable enough so that a moral panic occurs in the sense that
we all get scared of becoming a victim ourselves. For example, the ‘war on terror’ meant that initially
many people felt that every person in the Pakistan was at a risk. Events, namely violent ones,
accompanied by film, CCTV or mobile phone footage are more newsworthy as they enable the media to
provide a visual and dramatic impact for the audiences.
Crime and deviance, even if quite trivial involving celebrities or more powerful people whether
they are victims or offenders, is seen as more newsworthy than that involving ordinary people.
As these newsworthy stories appear on TV and explicitly in the tabloids, research evidence
shows that there is a link between media use and fear of crime. In the USA Gerbner found that heavy
users of TV (over 4 hours a day ) had higher levels of fear of crime. They found a correlation between
media consumption and fear of crime, especially physical attacks or muggings. If reader or viewers are
constantly bombarded with certain images then this could lead to a form of moral panic. After 9/11 a
minority of white British felt all Muslims were a threat to their safety.
Furthermore it is found that all media tends to exaggerate the extent of violent crime. The tabloid
‘red top’ newspapers are always seeking out newsworthy stories of crime and deviance, in order to exploit
the possibilities for a good story by dramatising, exaggerating, over-reporting and sensationalising certain
crimes out of proportion just to generate audience interest and attract readers.
Despite the fact that most crime is fairly routine, trivial and non-dramatic, TV programmes such as
Crime watch often pick up on the more serious and violent offences like sexual assault, murder or armed
robbery with reconstructions giving quite a frightening insight into the crime. This focus on the dramatic
side of crime is a routine feature on TV programmes or film as well as news reports, and gives a false and
misleading impression of the real extent of such crimes.
It is pointed out that crime fiction presents property crime less frequently than is shown in crime
statistics but the property crime it does portray is far more serious than most recorded offences. He
concludes that the picture of crime shown by the media is the opposite of that shown by statistics on
crime. Such media representations tend to create distorted perceptions of crime among the majority of the
public, exaggerate its threat and unnecessarily increase the public’s fear of crime.
Even if much of what is reported is untrue or exaggerated it may be enough to whip up a moral
panic. The media can cause crime and deviance through labelling. Moral entrepreneurs may use the
media to put pressure on the authorities to do something about the problem. This can lead to negative
labelling of the behaviour and a change in law. Thereby acts that were once legal become illegal. Part of
this is the creation of moral panic – an exaggerated overreaction by society to a perceived problem,
usually driven by the media where the reaction enlarges the problem out of all proportion to its real
seriousness.
The media overreacted in three seminal ways. Firstly, the media exaggerated the numbers
involved and the extent of the violence via headlines like ‘day of terror by scooter gangs’. Secondly, the
media regularly assumed and predicted that further violence would result. And finally, the media used
symbolism; the hairstyles, clothes, bikes and scooters, the music, were all labelled and associated with
violence. The media portrayal of events produced a deviance amplification spiral by making it seem that
the problem was spreading. This leads to calls for greater activity by the police and courts, and further
labelling and marginalisation. The media further amplified the deviance by defining the subculture,
therefore many youths joined these groups and were involved in future clashes in what became a self-
fulfilling prophecy of escalating conflict, due to polarisation. Individuals reading and seeing these reports
felt that they were at risk from all young people who dressed.
The moral panics are so frequent that they have little impact on the audience. There is now a
diverse range of media reports and interpretations of events and of opinions and reactions to these
events by the public. People are now much more skeptical of media interpretations and less likely to
believe them. This means that it has become more difficult for the media to define issues or evens in such
a way that can develop into a moral panic. This is also made more difficult by the way that news reporting
now involves 24/7 rolling news, which is constantly broadcast and instantly updated. As a consequence
stories have a short shelf life and are unlikely to sustain an audience’s interest and are unlikely to be
newsworthy for long enough to generate a moral panic.
 It’s important to adopt and take note of both of these schools of thought, for when combined and
synthesis is found, we become weary of the news. Of course it is helpful to be informed of headlines in
the news. But one must realize that this does not reflect the true extent of crime. The 2012 statistics for
example show that, overwhelmingly, the guilty criminal for crimes such as homicide related to women is
the husband, rather than the violent stranger that may be lurking in the dark alleyways. We must therefore
digest the news but also stay vigilant.
The impact of on-screen violence
The main research findings are:
 Watching violence on screen is related to increased aggression, desensitisation to violence and
increased fear of crime;
 Violence in the media may contribute to violent crime, but is not a single cause, because there
are many other variables which contribute to violent behaviour;
 Some people may imitate what they see on television and video (and many do not);
 Violence on screen may reinforce the behaviour of already aggressive people;
 The relationship between viewing violent screen images and exhibiting aggressive behaviour,
appears to be bi-directional. That is, aggressive people are more likely to watch violence, and
people who watch violence are more likely to be aggressive;
 The context in which violence is portrayed plays a critically important role in relation to its effects;
 The effects from on-screen violence can be short or long term;
 Children are most at risk from these effects, and young adults may also be at risk;
 Males appear to be slightly more at risk than females;
 The general public is concerned about the effects of on-screen violence;
 Parents have an important role to play in supervising their children's viewing, teaching children
about the differences between television or film violence and real-life situations, and encouraging
critical evaluation of on-screen images;
 Despite the potential influence of violent entertainment on violence in society, it is not clear
whether the impact is significant in comparison to the impact of other environmental variables
such as family circumstances, violence or abuse in the home, parental influence, poverty, health,
education, racism, cultural disintegration, and substance abuse.
The importance of context
The effects of watching violence are influenced by the ability of individuals to discriminate
between fantasy and reality, between justified and unjustified violence, and the capacity to critically
evaluate the portrayal of violence within a social and moral framework.
Research has shown that there are a number of ways that on-screen violence can be portrayed
which might influence viewers. These include:
 Perpetrators of violent acts who are rewarded or remain unpunished for their actions. To the
vulnerable viewer, whether it be a child learning about the world or an already aggressive person,
this could be interpreted to mean that violent behaviour is acceptable or even desirable;
 The aggressive action is seen by the viewer to be justified;
 There are few or no consequences portrayed, such as remorse, real emotional and physical pain,
or legal consequences. The vulnerable viewer who is presented with a false impression of the
reality of violence may be more likely to engage in violent behaviour, being unaware of the real
consequences;
 The viewer identifies strongly with the perpetrator, or associates the cues for the violent
behaviour with real-life cues; hence the violence appears to be more real. This can reinforce or
 justify the viewer's own behaviour;
 The viewer is predisposed to aggression. The violent images can act as a trigger to release these
existing feelings;
 The violence leaves the viewer feeling aroused;
 Something or someone causes the viewer to be frustrated after watching violence;
 The on-screen violence actually pleases the viewer;
 The perpetrator's motivation is to cause harm or injury;
 There is a lack of critical commentary or non-violent balancing events.
SOCIAL MEDIA AND CRIME: THE GOOD, THE BAD AND THEUGLY
Social media has revolutionized how we communicate. In this, we look at how it has
changed the media, politics, health, education and the law. The popularity of social media
platforms such as Facebook, Twitter and Snap chat have transformed the way we understand and
experience crime and victimization.
Previously, it’s been thought that people from their opinions about crime from what they
see or read in the media. But with social media taking over as our preferred, how do these new
platforms impact our understanding of crime? Social media has also created new concerns in
relation to crime itself. Victimisation on social media platforms is not uncommon. However, it is
not all bad news. Social media has created new opportunities for criminal justice agencies to
solve crimes, among other things.
Thus, like many other advancements in communication technology, social media has a good, a
bad and an ugly side when it comes to its relationship with criminal justice and the law.
The good
There is no doubt social media has been beneficial for some criminal justice institutions. For the
police, social media has given them unprecedented access to the public, and vice versa. Via Facebook
and Twitter, police and the public can communicate in real time about incidents and events. This has
proven invaluable not only during times of crisis, but also on a day-to-day basis and at the local level.
Social media has also become an important tool in police investigations. For example, the release
of CCTV footage of Melbourne woman Jill Meagher’s last moments via Facebook pages and YouTube
assisted in apprehending her killer. Furthermore, the broadcasting “of criminal trials has added an extra
level of transparency to criminal proceedings. But while live tweeting represents a step forward in
achieving open justice, there remain concerns with the practice.
The bad
At the other end of the spectrum, social media has been accused of posing risks for many users,
particularly young people. Social media has been used to facilitate “new” crimes such as revenge porn,
prompting calls for harsher punishment. In addition, “old” crimes such as harassment and threats, as well
as fraud and identity theft, have been conducted in new ways through social media. Social media is also
changing the nature of post-crime behaviour. So-called performance crimes– where offenders boast
about their criminal behaviour to their friends and followers online – are increasingly common.
Finally, “couch, eager to identify suspects, often weigh in on social media, which can at best be
distracting for law enforcement and at worst result in innocent people being wrongly accused.
In a recent ABC documentary, the detectives who worked on the Meagher case said they:
Refused to engage [in the Facebook debate], making a conscious decision that they did not need
any extra pressure.
The ugly
Trial by social media has become increasingly concerning for those working in the criminal justice
system. Activity on Facebook and Twitter can pose a threat to prosecutions and the right to a fair trial
through practices such as sharing photos of the accused before an indictment, creation of hate groups, or
jurors sharing their thoughts about a case online. In the Meagher case, Victoria Police used its Facebook
page to educate the public about the consequences of such breaches. In addition, a web gag on social
media was imposed by a magistrate who suppressed the information that might compromise the trial.
Social media can also be used as a tool for victim-blaming, as occurred in many cases.
Immediately following the incident, some Facebook and Twitter users argued she got “what she deserves”
and that “maybe she will cover herself up now”. Social media can be further be used as a weapon through
which the friends and families of victims of crime are exposed to secondary victimisation.
The future
As platforms evolve and new issues emerge, social media will continue to provide challenges and
opportunities for criminal justice officials, as well as change the way the public perceives and engages
with issues of crime and victimisation. However, calls for bans and restrictions to social media are unlikely
to yield results. Social media is here to stay, and we need to think outside the box if we wish to
understand this phenomenon, capitalise on its benefits, and prevent or minimise its negative effects in
relation to crime and the criminal justice system.
Complexity of what is covered or not
What crimes the media choose to cover and how they cover those crimes can influence the
public’s perception of crime, including their belief about the amount of crime that occurs in
neighbourhoods and cities. Editors and assignment editors make complex decisions about what crime
stories they will cover (or not) and what the headline will be. Journalists and reporters, in partnership with
their assignment desks and producers decide what information about those crimes they will include or
leave out, what experts they may go to for input, what quotes from that expert they will include, and where
in the story these facts and quotes appear. Other media managers decide what priority the piece will take
within the newspaper or news broadcast. The process by which the mass media decides how they will or
will not report about crime is very complex.
Focus of media on crime
Crime stories constitute the fourth largest category of stories for newspapers and television after
sports, general interest and business which is an over-representation of the actual amount of crime
occurring.3Research suggests that over 50% of crime stories in a sample of Canadian newspapers dealt
with offences involving violence but offences involving violence represent less than 6% of reported
offences.4This is likely a significant factor in the public belief that crime is on the rise. For example,
Canada fortunately has a relatively low homicide rate. Every year, approximately, 600 Canadians are
murdered and because murder remains a relatively rare event in our society, most of these murders will
garner some media attention. So while homicide makes up less than 1% of crimes committed in Canada,
it garners a significant amount of media coverage of crime.
The media is most likely to focus on stories that highlight the unique, the sensational, the
extreme, and those that have the potential to impact the greatest number of people. For crime-related
stories, the media are most likely to focus on events that have occurred multiple times, for example a
number of assaults or break-ins that are centred in a small geographic area, or those that are very
unlikely to occur. Homicides committed by young offenders are often front page news and may cause
people to believe that youth violence is at significant levels, despite being incredibly rare. The reason they
are so newsworthy is because they are so rare – they shock us, are unique and because of that, may
dominate headlines for days and weeks, thereby giving the public a distorted view of how common these
crimes are.
The media does not just decide what stories get that kind of attention, but what stories do not get
that kind of attention. The murder of a homeless man is not likely to get as much media attention as the
murder of a teenage girl from a middle class family. The media can focus on a story, thereby making it
headline news, or ignore a different story, and the public will never know.
While focusing on the sensational and most violent crimes, it may seem the media ignores the
more common types of crime that are more likely to affect individual readers or viewers, such as single
instances of auto theft or break and enter. The media also rarely covers sexual assault and partner
assault cases, which are largely crimes that impact women and children and are the focus of many victim
service provision agencies in Canada. These serious crimes against women and children often remain
hidden from law enforcement, which influences media coverage because they tend to cover crimes that
come to the attention of the formal criminal justice system.
Stranger crimes get more coverage
The media also tends to focus on crimes committed by strangers rather than the more common
crimes which are committed by someone known to the victim. The abduction of a child by a stranger will
garner far more attention than the abduction of a child by a parent. The sexual assault of a woman in her
home by someone who broke in will be more newsworthy than a woman who is assaulted in her home by
her husband. While this may be explained by the fact that a single case of domestic assault is unlikely to
have wide impact on the community, it also hides these crimes and creates the impression that these
cases are not reported to the police or prosecuted, which may discourage other victims from seeing the
merit in reporting their abuse.
This kind of coverage may give people a false sense of security. As parents, we tell our children
to be wary of strangers, or to not to walk alone at night, but few of us are educated about the real
dangers. The reality that victim service providers are well aware of is that people are more likely to be
assaulted by someone they know and that we are at greater risk of violence in our own homes. The
media’s focus on stranger crimes asserts the myth that many people have that if they avoid certain
situations or doing what the victims did, they will be safe.
The “ideal” victim
Some media coverage reinforces the notion of the good or ideal victim, one who is more innocent
than others. A woman who was sitting in her home at night watching television when the offender broke in
would appear to be the “good or ideal” victim over the woman who invited the offender into her home, or
met him while out at a bar.
Those who are ideal victims include children, some women and the elderly. Young men, the
homeless, those with drug problems, sex workers, etc., may find it much more difficult to achieve
legitimate victim status. In this sense, there is the danger of creating a hierarchy of victimization. Race,
social class and status also play a role, and whether or not it is done intentionally, it is perpetuated by the
media. Whether we agree or disagree with how the media chooses to report crimes and the impact it has
on victims, as victim service providers, we have a role to assist victims dealing with the media and a
unique opportunity to educate the media and the public about crime, victims and the impacts of reporting.
Service providers must also remember that the purpose of the media is to provide the public with
the information they want about their community. The way an issue is framed by the media can lead the
public to make judgments about some victims being more innocent or ideal than others. For example, the
public will view a youth injured due to gang activity and violence very differently than an elderly person
who is swarmed and robbed.
CONCLUDING REMARKS
A sociologist once remarked that “There is some residue of [theory of media effects] in all of us.”
This lay theory accords great influence to the media because it equates publicness with collective
attention and suggestibility. Systematic research, however, has failed to confirm the equation: in point of
fact, media effects are mediated by social and psychological variables. Criminologists know this (through
their reading of the extant literature) and have confirmed it for themselves (through their own studies of
the media); nevertheless, they have largely continued to work within a communications perspective that is
insinuated by the lay theory of media effects.
They have thus been inattentive to an alternative conceptualization of the media as the
construction of publicness and to the questions about the revelation and concealment of crime and
criminal justice that thereby arise. Those questions lead in a number of different directions, offering
additional lines of inquiry that look to be at least as productive as those currently pursued. They also imply
a decentering of the media within the analytical frame, for revelation and concealment are inherent in
every type of public domain, from street life to mass meetings. It is the visibility and accessibility of the
media that makes them a convenient object for study.
Normative debates about “appropriate” media content on crime and justice reflect the importance
accorded to the character of the public domain. In fact, the tensions relating to revelation and
concealment spring from a desire to ensure that publicness is an exercise in conventionality, not
deviance. This is reflected at the level of discourse, where the identities talked into being in the news are
those of respectability; the community created in words and images is that of civil society; and the
experience narrated is that of a melodramatic conflict between good and bad. Even fictional renderings of
crime could be seen as rhetoric’s of conventionality: “Given the primacy of the hero, villains and their
villainies may be relatively incidental”. And although the outcome of conflicts between good and bad may
sometimes be ambiguous, the situation does not become more ambivalent; it simply becomes bleaker:
“evil is ubiquitous, crime intractable, the criminal justice system impotent and moral redemption
impossible”. Yet even a cursory glance at the media hints at the narrowness and superficiality of current
convention. Surely there are better, more satisfying ways of discoursing on crime and justice.
 Chapter No. 15
MODERN LAW ENFORCEMENT
AND CRIME PREVENTION

INTELLIGENCE - LED POLICING

Q. Intelligence-led policing has become an effective model of policing in tackling organized
crime. Discuss the background and key principles of intelligence-led policing. (CSS-2018)
Q. Several specific law enforcement strategies fall within the framework of intelligence-led
policing. Discuss any four strategies. (CSS-2021)
Intelligence-led policing is a practice that leverages technological advances in both data collection
and analytics to generate valuable ‘intelligence’ that can be used to more efficiently direct law
enforcement resources to the people and places where they are likely to do the most good. Intelligence-
led policing 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. It is a collaborative law enforcement approach combining problem-
solving policing, information sharing, and police accountability, with enhanced intelligence operations.

It is designed to guide policing activities toward high-frequency offenders, locations, or crimes to

impact resource allocation decisions. An important component of intelligence-led policing is that it
encourages and, arguably, depends on collaboration among various agencies and the community,
including not only local police, but other local law enforcement, homeland security agencies, and even
probation and parole officers.

In short, predictive policing is concerned with where and when crime may happen, while
intelligence-led policing, which often includes predictive policing, focuses on preventing victimization.

Key Components and Strategies for Intelligence-Led Policing

Several specific law enforcement strategies that fall within the framework of intelligence-led
policing include the following:

1. Community-Oriented Policing
2. Hot-Spot Policing
3. Partnership Model of Policing
4. Problem-oriented policing

1. Community-Oriented Policing
 The Integration of Community Policing and Law Enforcement Intelligence, a report published by
the International Association of Directors of Law Enforcement Standards and Training, asserts that
community-oriented policing is an essential component of intelligence-led policing.

The practice of community policing, it says, has developed skills in many law enforcement officers
that are directly related to information and intelligence sharing, including:

 Environmental scanning
 Effective communications with the public
 Citizen involvement in reporting activities
 Community mobilization to deal with problems

New dimensions of law enforcement intelligence and counterterrorism depend on strong community
relationships.”

2. Hot-Spot Policing

Hot spots, it continues, are generally defined as specific locations where the occurrence of crime
is so frequent that it is highly predictable, at least over a one-year period. It is now used by many
countries police departments and involves focusing resources and crime prevention strategies on small
geographic areas or places, usually in urban settings, where crime is concentrated.

Strategies utilized to control crime in areas identified as hot spots include:

 General law and order maintenance

 Drug enforcement crackdowns
 Increased gun searches and seizures
 Zero-tolerance policing

3. Partnership Model of Policing

It involves active collaboration with other local, state and federal law enforcement agencies. The
reasoning behind this is simple: Agencies that partner with each other can leverage resources they
wouldn’t have alone.

Considered particularly important for an intelligence-led approach to counter-terrorism efforts, the

partnership model of policing relies heavily upon the open exchange of information. The partnership
model also extends to collaborations within departments and with affected communities to ensure that
agencies are seeking out every possible source of valuable information.

4. Problem-oriented policing

This approach is an analytic method used by police to develop strategies that prevent and reduce
crime.

Under the model, law enforcement agencies:

 Identify and prioritize a specific “problem” (for example, repeat offenders, repeat victims or repeat
incidents at particular locations or hot spots)
 Closely analyze the problem to determine strategies for effective responses or interventions
 Follow up with focused assessment and fine-tuning to achieve maximum effectiveness

Steps to effective intelligence-led policing (ILP)

Here’s a breakdown of these steps

1. Problem Clarity
 It’s not enough to know your community has a problem – it must be clearly understood before you
can take the proper action to address it.

2. Clearly Defined Goals

Once you understand the problem in your community, you need to create easily measurable
goals that clearly define what you’re attempting to do.

3. Result oriented tactics and strategies

After defining a goal, the next step is crafting new strategies to achieve that goal. The most
important thing to keep in mind about this step is that these strategies need to be designed to directly
tackle the problem – using tactics specifically tailored to the issue at hand.

4. Effective Intelligence

Information collection that provides substantive insight into crime threats is the core of
intelligence-led policing.

5. Active collaboration

Another key pillar to ILP is active collaboration both internally and with other local, state and
federal agencies. It may be a cliché, but it’s true: there is power in numbers. Tackling complex law
enforcement issues like terrorism prevention and crime reduction successfully is likelier with a
collaborative, coordinated effort. Agencies that partner with each other can leverage resources they
wouldn’t have alone.

6. Information Sharing

Collaboration is nothing if you’re not sharing information with your partners. Like most of these
steps, solutions vary from agency to agency. Information sharing could come in the form of designated
sharing systems like RISS (Regional Information Sharing Systems), or it could be in the form of a fusion
center. Carter said one of the most effective ways for an agency to share information is through an
Intelligence Liaison Officer (ILO).

7. Holistic investigation

It’s important to think holistically when it comes to ILP. The BJA suggests merging investigations
instead of having isolated units focused on one type of crime. Many criminals aren’t specialized in doing
one thing.

8. Officer accountability

Once you’ve established clearly defined objectives, you need to hold your cops accountable for
reaching them. In San Diego, it wasn’t enough to make any gang arrest – every officer was given the
specific goal of taking the leadership and those responsible for the violence off the streets. As a result,
gang-related violence fell dramatically in the city.

9. Continuous assessment

As with any new initiatives, it’s important to keep reviewing the ILP program and strategies you’ve
implemented. Don’t let things become stagnant; diminishing returns are avoided by constantly evolving
and tweaking your ILP program.

10. Command commitment

Finally, a long-term, sustainable ILP initiative is obviously dependent on the support of leadership
even through a change in leadership. It is found that to be a primary concern among all 10 agencies they
surveyed, and many of them addressed this issue by having an internal succession plan that ensured the
incoming leadership had already committed to the ILP programs. In other agencies, leadership tenure
was long enough that the ILP initiatives became institutionalized.

COMMUNITY POLICING

Community policing is, in essence, collaboration between the police and the community that
identifies and solves community problems. With the police no longer the sole guardians of law and order,
all members of the community become active allies in the effort to enhance the safety and quality of
neighborhoods. Community policing has far-reaching implications. Community policing has three key
components: developing community partnerships, engaging in problem solving, and implementing
community policing organizational features.

The neighborhood patrol officer, backed by the police organization, helps community members
mobilizes support and resources to solve problems and enhance their quality of life. Community members
voice their concerns, contribute advice, and take action to address these concerns. Creating a
constructive partnership will require the energy, creativity, understanding, and patience of all involved.

Community policing encourages interactive partnerships between law enforcement agencies,

their officers, and the people they serve. By developing connections within the community, police are
better informed and empowered to solve public safety problems.

Community policing is a philosophy that promotes organizational strategies that support the
systemic use of partnerships and problem-solving techniques to proactively address the immediate
conditions that give rise to public safety issues such as crime, social disorder and fear of crime.

Community policing emphasizes proactive problem solving in a systematic and routine fashion.
Rather than responding to crime only after it occurs, community policing encourages agencies to
proactively develop solutions to the immediate underlying conditions contributing to public
safety problems.

How is community policing different from traditional policing?

 Intended to prevent crime before it happens rather than responding to crime after it occurs
 Focuses on creating a safe social environment
 Engages residents to determine which criminal activities they are most affected by, creating an
accurate law enforcement priority list shaped by the people who live in the area
 Encourages residents to participate with law enforcement in order to keep their own community
safe

Characteristics of Community Policing

In order to adopt a community policing approach, a police department must create its own community
policing style, which reflects the needs of the citizens in the communities that it serves. The following
characteristics are essential for the success of any community policing effort:

 The mission of police officers as peace officers

 Community consultation
 A proactive approach to policing
 A problem-oriented strategy
 Crime prevention activities
 Interagency cooperation
  Interactive policing
 A reduction of the fear of victimization
 Development of police officers as generalists
 Decentralized police management
 Development of flatter organizational structures and accountability to the community.

In short, adoption of the philosophy of community policing involves a radical change in all elements of
organizational structure and process.

Benefits of an effective community policing structure

 Residents having a more favorable view of their local police department

 Improved trust between law enforcement and residents
 More accurate information from residents regarding criminal activity in their community
 Better understanding of the needs of citizens and their expectations of the police

Many public safety agencies are using technology to better engage their residents and boost their
community policing initiatives.

Ethical Issues in Community Policing

Community policing requires fundamental changes to the philosophy and organization of police
work. Among these changes will be substantial reduction in the political and social isolation of police
departments and police officers as well as the granting of more autonomy and discretion to individual
police officers. Just as the traditional, professional model of police work presents ethical challenges to
police departments and officers, so will community policing. Reduction of the political and social isolation
of the police may increase the risk of corruption and favoritism and greater autonomy and discretion for
police officers increases the risk of police officers being beyond the effective control of their departments.
By anticipating these unintended consequences of police reform steps may be taken to avoid them.

PUBLIC PRIVATE PARTNERSHIP IN POLICING

Public law enforcement officials have relied on private citizens for information in solving crimes
and assisting the prosecutor in convicting offenders for centuries, long before the emergence of the first
truly professional metropolitan police department in London in 1829. Bounty programs had been in effect
for centuries prior to that, sometimes under the authority of the executive branch of government and
sometimes under the jurisdiction of the courts, to encourage private citizens to bring information to law
enforcement officials to assist them in solving crimes and bringing offenders to justice.
The professionalization of policing in the nineteenth century served to substantially legitimize and
strengthen public safety and security as a more exclusively public sector responsibility, first in the United
Kingdom and eventually in the United States and elsewhere. This began to change in the United States in
the 1960s, as soaring crime rates exposed serious flaws in the professional model of policing.
In 1960, police departments had been comfortably operating out of a set of notions about
professionalism that had served the public well for decades, ideas that came to be substantially modified
toward the end of the twentieth century: that the police were the primary authorities on crime and how to
respond to it, that police supervisors and executives were the locus of authority within the police
hierarchy, that it was too risky to allow patrol officers to exercise substantial discretion even in routine
matters, that the basic pathways to reduced crime were through more rapid response to calls for service
and more arrests, that more police could only help to increase arrest rates and shorten response times,
that the public was not equipped to provide much help to police other than as witnesses, that building
good community relations was useful primarily for damage control rather than as an end in itself, and that
adherence to these precepts would give the police a better image and earn respect among the general
public.
This model of policing made sense in the first half of the twentieth century, when many police
departments throughout the country had been struggling for years to overcome reputations for ineptness,
corruption, and brutality.
Trends and implications for the public and private policing sectors
1. The rise of a substantial and multifaceted private security industry has imposed new demands
on and problems for police departments, but it has simultaneously raised rich opportunities for law
enforcement agencies to leverage their scarce resources toward a more effective and efficient
capacity for serving the general public. As they exploit such opportunities, however, the police must
be mindful of the need to develop partnerships with private agents with eyes wide open to the risks
inherent in those pursuits. A fundamental objective should be to establish a coherent framework for
assessing public-private partnerships, to ensure that arrangements that bolster public safety and
security are strengthened while ones that harm society or offer costly, ineffective, or ethically dubious
solutions to security are quickly revealed and aborted.
2. Are partnerships involving sworn officers, private security personnel, and civilians generally
superior to the use of any of these components alone? Can future police partnerships with private
businesses be structured more constructively, without eroding the legitimacy of police organizations?
Should we expect these partnerships to be adversely affected in the new era of terrorism? One
answer to all of these questions is clear: Sweeping generalizations are dangerous and cookie cutter
solutions are likely to be unsuccessful. To be effective, public-private security partnerships must be
developed situationally. This has been established cross-nationally, and it is likely to be equally true
from one jurisdiction to another within any large political entity.
3. The varieties of public policing, private security forces, and modes of civilianization are as vast
as the needs of the public. Private security alternatives range from well-trained and well-paid agents,
often current or former sworn officers who operate in coordination with municipal police departments,
to plant guards whose job is simply to call the police when they observe suspicious activity, to
vigilante groups and gang-like organizations that often compete with local police for the control of
neighborhoods. Similarly, civilianization in a given department may be warranted for some positions
but not others, depending on the needs of the community, the skills of the sworn officers, local labor
market conditions, and other factors. Meaningful comparisons require a thorough assessment of the
key particulars in the matter.
4. The great challenge in forming effective public-private partnerships for the future is to do so
with job enrichment inducements that maintain the loyalty of the most valuable personnel resources.
Opportunities to prevent and solve potentially grave problems in the new era of terrorism certainly
provide one such inducement. Officers so motivated are less likely to be interested in leaving the
department and less likely to bend when faced with tensions between public responsibilities and
private inducements. Partnerships are fine when they serve the general public, but they must be built
on a foundation that ensures that the officer’s overarching responsibility to serve public interests will
not be compromised.
5. More enlightened policing, especially in the form of community policing and problem-
oriented policing, has been credited with a substantial share of the decline in crime throughout the
end of the twentieth and early part of the twenty-first centuries. One cannot discard the prospect that
improved public-private partnerships in policing have contributed to these developments. As long as
 police departments maintain a healthy set of incentives and provide strong, ethical leadership, the
public safety sector should be able to build on these gains for the foreseeable future.

Institutional corrections and alternative community correction strategies

The focus of institution treatment should be preparation for continued treatment on the outside.
The message to the offender is that this is the beginning of the treatment commitment, and that
continuing care will be arranged upon release. Institution treatment emphasizes this readiness message
in all treatment phases, underlining a strong motivational and relapse prevention message.

Ideally, the institution's treatment program is part of a system that includes community-based
services, rather than disconnected from the community. The institution's program should strive to
exemplify innovative treatment practices and obtain licensing from the State authority.

Treatment programs within prisons and jails can encourage participation of community programs
in the transition process. However, prisons and jails by their nature limit outsiders' access to the
institutions, making it a challenge for community-based social service and treatment providers to serve
incarcerated people. However, institutions can be community-friendly and invite social service agencies
into the institution to work directly with offenders being prepared for release. The community agencies
could provide contact information and written literature about services to both staff and inmates.
Community treatment providers that contract to deliver institution-based treatment are in an ideal position
to also help with transition efforts. Similarly, corrections agencies can enlist contractors to provide case
management and other transitional services.

One of the goals of the transition from institutional treatment to community-based treatment is to
make better use of institutional treatment as a stepping stone to help offenders become self-sufficient,
productive members of society. In the short term, the intent is to help offenders move from an institution-
based treatment program to a community-based program with a minimum of disruption in services.
 Chapter No. 16
GENDER AND CRIME IN
URBAN AND RURAL PAKISTAN

In Pakistan, domestic violence is considered a private matter, as it occurs in the family, and
therefore not an appropriate focus for assessment, intervention or policy changes. Women have to face
discrimination and violence on a daily basis due to the cultural and religious norms that Pakistani society
embraces. According to an estimate, approximately 70 to 90% of Pakistani women are subjected to
domestic violence. Various forms of domestic violence in the country include physical, mental and
emotional abuse. Some common types include honor killing, spousal abuse including marital rape, acid
attacks and being burned by family members. Spousal abuse is rarely considered a crime socially unless
it takes an extreme form of murder or attempted murder which could range from driving a woman to
suicide or engineering an accident (frequently the bursting of a kitchen stove). This happened in both rural
and urban areas.
In the 2019 Women, Peace and Security Index, Pakistan ranked 164 out of 167 countries, only
above Syria, Afghanistan and Yemen, and worst among nine South Asian countries on access to mobile
phones, financial inclusion, and discriminatory norms for women. In the Sustainable Development Goals
Gender Index, Pakistan also did poorly, ranking 113 out of 129 countries and scoring low on female
literacy as well as girls’ secondary education.
Indeed, domestic violence has become an epidemic in Pakistani society but unfortunately,
nowadays, it has alarmingly increased in urban areas as compared with rural society. Recent reports
and reliable surveys conducted on urban Pakistani society suggest that nearly two in every four women
experience domestic violence in their life in the forms of verbal abuse, assault and battery, restriction of
personal liberty, economic control, or marital rape. Several surveys conducted in women’s prisons also
reveal significant correlation between domestic violence and crimes committed by women.
Over 60 per cent of the women who committed crimes had suffered from domestic violence in
the past. Keeping in view the growing domestic violence against women in urban Pakistan, it is
suggested that the government should launch a series of reform projects and policy experiments to
enhance the capacity of legal institutions and empower justice sector stakeholders to intervene and
reduce domestic violence across the country.

Around 12.2 million girls, compared with 10.6 million boys, remain out of school in Pakistan as
poverty compounding challenges to girls’ educational opportunities. Less-educated girls marry young,
become mothers at an early age, and often face health challenges throughout their lives. Similarly,
child marriages also remain a serious concern for the status of women in Pakistan, and civil society
organisations continue to pressure governments to bring marriage laws in line with international
conventions. Children’s rights are making headlines in the country due to an increase in crimes against
young children, both boys and girls. These range from sexual assaults to pornography and paedophiles
often roam free due to institutional failures and a poor societal attitude towards crimes against children.

While developing stronger legislation is sine qua non, it will be equally necessary to strengthen
community level awareness and collect responses to incidences of domestic violence. Educational
institutions may be taken on board to raise awareness about this chronic issue. Radio and television
channels should be requested to show dramas and features, which discourage the growing inhuman
tendency of violence against women in society. Above all, the National Commission on the Status of
Women should be asked to play a proactive role in raising awareness and advocacy against this
despicable social behaviour in our society.
Gender-based violence (GBV) is a major public health and human rights problem throughout the
world. It is prevalent in rich and poor countries, in rural and urban areas, in situations of conflict and in
peace, and in the aftermath of natural disasters.
Whenever around the globe we are talking about gender based violence, usually the discussion is
based more on highlighting violence against women as it is believed that worst forms of violence by men
against women can be noted in every society. According to statistical data from UN, nearly 5000 women
are killed in the world every year only in the name of ‘honor’. Globally, at least one in three women and
girls face some kind of violence in her lifetime. World Health Organization’s World Report on Violence and
Health notes that “one of the most common forms of violence against women is that performed by a
husband or male partner”.
Gender Based Violence and Pakistan:
Pakistan is not a country who has not seen gender based violence on the land. Thousands of
individuals particularly women have been victimized by gender based violence. In the patriarchal society
of Pakistan, women who make up 56% of the total population bear the brunt of poor governance, social
and economic systems and feudalism. They face many forms of violence like rape, gang rape, forced
marriages, acid throwing, stove burning, customary practices of Karo Kari and Wanni, domestic violence,
sexual harassment at workplace, honor killings etc but has remained to be of no importance for judiciary
of Pakistan, particularly the lower judiciary where even cases demanding immediate justice for the victim
remain pending for months and years and even some people withdraw cases in the mean time because
of the threats they receive from the opponent accused party.
This thing, instead of uprooting violence from the society, has given oxygen to elements who
keep on assaulting women. According to an estimate, during the last ten years, 73913 cases of violence
against women had been reported. In 2008, according Dawn newspaper, 7773 cases of violence against
women were reported. Only in the early six months of year 2009, the cases that were reported went upto
4514.
Forms of Gender Based Violence in Pakistan:
Following is the gender based form of violence, we can observe in Pakistan:
 Murder
 Acid throwing
 Forced Marriages
 Rape/ Gang Rape
 Abduction or kidnapping
 Domestic torture (by in laws and relatives)
 Custodial Violence
 Sexual Harassment
1. Murder:
 Murder can be defined in legal terms as “an act of killing persons unlawfully with intention”.
Murder is regarded as one of the harshest forms of violence and also exists in big significant numbers.
According to Federal Bureau of Statistics, Government of Pakistan, during the year, 1998-2007, 96708
cases of murder were reported whereas 123396 cases of attempted murder were reported. According to
another statistical data, people are murdered at the rate of almost 12000 per total population each year in
Pakistan. . Like many countries, the constitution of Pakistan suggests from life imprisonment to death
penalty for the accused found guilty but the culprits often seem to remain at large if they have links with
the influential people.
In Pakistan, people are murdered for many reasons, like in revenge by opponent parties, for
political reasons, over tribal and domestic disputes. There is another horrific root cause of murder which
has consumed the lives of many people. That is murder in the name of ‘honor’.
1. Honor killings:
In this form of brutal murder, women are mostly the victims. In all the four provinces, honor
killings have different names like Kalakali in Punjab, Karokari in Sindh, Siyakaari in Baluchistan and
taurtoora in NWFP. According to United Nations Population Fund (UNFP) in Pakistan, every year, 1000
women are killed only in the name of honor. For many people especially in rural and backward areas, it is
a violence which may not be violence rather an act by ‘men’ to protect the honor of their family which
according to their perceptions, give them full liberty to kill their wives if they doubt they have illicit relations
with someone else and also kill their daughters and sisters who marry someone after their own heart and
going against their family’s consent so that they could teach them and other female members a ‘lesson’.
Also in such forms of violence, men are also victimized to some extent but the ratio of women is greater
than that of men.
The practices of honor killings are more common in rural areas because most of such practices
take place with consent of the landlords who have close ties with law enforcement agencies and the
alleged are often at large. The National Assembly of Pakistan passed a law for controlling this practice in
2004 however the statistics show such practices are still carried out.
2. Acid Throwing:
Acid throwing is another brutal form of violence that we can see in Pakistan .In this, perpetrators
of these attacks throw acid on the victim usually on their faces which not only disfigures their face, burn
tissues of their body but also expose their bones and even dissolve them. The consequences of these
attacks include blindness and permanent scarring of the face and the body. Mostly the women are victim
of these attacks. According to an estimate, up to 400 women fall victim to acid attacks perpetrated by their
husbands or in-laws each year in Pakistan.
Reports have shown some reasons behind such brutal incidents. Usually, acid throwing attacks
have been used as a form of revenge for refusal of sexual advances, proposals of marriage and demands
for dowry. Property disputes are also one of the causes of such incidents.
Even though not all acid throwing cases are reported, an even lesser number of acid burn victims
are provided any justice. Belonging to poor or marginalized fringes of the society, most acid survivors can
hardly afford the cost of their own healing and are thus fated to continue suffering, lest the handful of
relevant organizations succeed in reaching out to them. The victim is faced with physical challenges,
which require long term surgical treatment, as well as psychological challenges, which require in-depth
intervention from psychologists and counsellors at each stage of physical recovery.
Depression and anxiety are common amongst all patients with large burn injuries; however for
victims with acid injuries, the physical scarring can lead to feelings of shame and embarrassment,
resulting in the survivor living a life in hiding due to fear of prejudice and stigma from their peers and the
community.
3. Forced Marriages:
In Pakistan, many young girls/women are forced into wed-lock against their consent. Although,
the Islamic laws give full liberty to women to marry after her own heart but this fact remains to be quite far
from people who are only Muslims by name. In urban areas of Pakistan, marriages take place with girls’
consent but it is in the backward areas where the problem lies. Despite the aforementioned Act, the
tradition is still practiced in some areas through Vanni and WattaSatta.
4. Rape/Gang Rape
Fourth form of violence is rape that we see in Islamic State of Pakistan. Often, young girls and
women are victims of gender-based rape in our society. Talking about rape cases against women, often,
jirgas and panchayits had been found giving verdicts where people of victim’s party were ordered to rape
the female members of accused. Also, in many other cases it has been found that women are raped in
revenge for seeking divorce, refusing marriage proposals, marrying of their own choice, defying cultural
norms and for many other efforts at independent decision making. We can also call rape an advanced
stage of sexual harassment. In some cases, it is found that fake aalims and pirs were accused of rape
that fooled people of getting away with evil spirits.
5. Abduction or Kidnapping:
Kidnapping means “to take away a person against his will or consent by use of force and fraud
and keeping the person in false imprisonment without any legal authority either for ransom or for other
criminal activity”. The word abduction is also same in meaning but in legal terms, abduction refers to
women’s kidnap.
Talking in the context of gender based violence, usually males and most of times young aged
men are abducted or kidnapped for ransom, however in many other cases, abduction is done for other
criminal purposes like demanding government or state authority to release the kidnapper’s companions
being arrested in various interrogations or at local level to force others to meet their demands in return for
the person being kidnapped. In cases of women, they are more abducted for attempted rapes or even in
revenge if the proposal for marriage is rejected.
With the rise of insurgency, the kidnapping has taken another reason which demands people to
follow their perspectives of life rather than allowing them to live according to an individual’s own
standards. Some reports suggest that men and even women were kidnapped to teach them a lesson and
to force them to lead life according to Islam.
6. Domestic torture (By in laws and Relatives):
Domestic torture and abuse is a widespread issue in Pakistan and victims include women
belonging to all sections of society. They are beaten, mutilated and even burnt by their relatives often on
quite petty issues. Often the women in houses are less aware of their rights and that is why they do not
think that this is infact, violence against them or even if they can understand that they do not have so
much strength in their voices to raise them against the male chauvinist approach.
7. Custodial Violence:
Custodial violence has also proved one of the brutal forms of injustice. It has not only affected the
person accused but also his family. In many of the cases police has subjected the accused under severe
torture for two reasons: To force the person to confess about the criminal act and to show efficiency in
investigation or to extort bribery.
Some reports suggest that the person is not genuinely guilty or supposed to be guilty but to file a
fake case against him subjected him to torture. Also, in some reports it has been found that if the person
accused in a crime could not be arrested, police in support of influential people has arrested his relatives
and detained them for many several days so that the accused could hand over him to police despite our
law under which relatives of accused cannot be detained.
Women have also bore the brunt of custodial violence. There are cases that were being raped
under custody by police officials. But the sad fact is that 95% of custodial violence reports against women
go unreported.
8. Sexual Harassment:
Sexual harassment is defined as“any unwelcome sexual advance, request for sexual favours or
other verbal or written communication or physical conduct of a sexual nature or sexually demeaning
attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work
environment or the attempt to punish the complainant for refusal to comply to such a request or to make it
a condition for employment.”
In Pakistan, sexual harassment is on rise. All women who face harassment suffer adverse
effects, and according to some estimates, almost 80 to 90 percent of women face some sort of
harassment in public places, educational sectors and in the workplace. Among the most common forms of
harassment in Pakistan are the discomforting gazes that follow a woman wherever she goes, as soon as
she sets foot outside her home.
The dynamics of harassment at the workplace take on special significance considering the
amount of time an adult spends at the workplace and the spillover effects on career growth, worker
productivity. Media reports suggest that there has come up many issues regarding sexual harassment in
various working sectors but the authority could not take serious action against the person accused
because of lack of policies on sexual harassment.
The National Assembly did approve a bill against sexual harassment on August 4, 2009 which
was to be ratified after approval from Senate in November but no importance was given and had to be
withdrawn automatically since it could not be approved by Senate.
Laws against Gender Based Crime in Pakistan
Pakistan is a highly patriarchal society, and took a long time to enact laws for the protection of
women. However, in recent years reforms such as the Women’s Protection Bill, Protection Against
Harassment of Women at the Workplace Act, the Acid and Burn Crime Bill, the Prevention of Anti-Women
Practices Act, the Domestic Violence (Prevention and Protection) Act, and the Criminal Law (Amendment)
(Offences in the name or pretext of Honour) Act of 2016, designed to protect women and prosecute
‘honour killings’, have come into law.
Pakistan Penal Code, 1860
The Pakistan Penal Code usually called PPC is a penal code for offences charged in Pakistan.
Whereas the PPC covers the majority of criminal offences; recent pro-women laws have focused on
making amendments in the PPC to address any shortfalls.
Child Marriage Restraint Act, 1929
Child marriages have been one of the most problematic issues in Pakistan. The biggest issue
relates to the age of majority, which under Islamic law is age of puberty while in other legislation it varies
from the age of 16 to 18. The issue of child marriages is related to a number of other societal issues and
customary practices such as exchange marriages, forced marriages, practice of giving women and
children in compensation in tribal/familial clashes etc all often include the element of child marriage.
Dowry and Bridal Gifts (Restriction) Act, 1976
This law places restrictions on the amount of gifts to a bride and groom, while also requiring
limited expenditure on the wedding functions. It also mandates all dowry items to be vested property of
the bride. It further requires listing and valuation of all dowry and gift items.
Protection for Women (Criminal Law Amendment) Act, 2006
This law created changes in two of the Hudood Ordinances, namely the Zina and Qazf
Ordinance. It removed a number of clauses, such as the clause pertaining to rape, kidnapping, abducting
or inducing a woman to compel for marriage, fornication, offences relating to buying and selling for
prostitution, kidnapping or abducting for unnatural lust etc from the Zina Ordinance and placed them in
the Pakistan Penal Code 1860. This has the result of the overarching rules and procedures of the PPC
being applicable to these offences, such as investigation techniques and forms of evidence.
The Protection against Harassment of Women at the Workplace Act, 2010
This law introduced the definition of harassment at the workplace as an offence. It provides for
wide descriptions of the workplace to include premises out of the place of work, where any official work or
work activity is being carried out. Harassment is defined within the concept of work. A number of penalties
are identified for those found guilty of harassment, varying upon the degree and extent of harassment. It
also spells out the procedures where cases of harassment come forward. It also requires all workplaces
to set up a committee to deal with such cases. It also requires the Government to appoint an Ombudsman
to deal with any such cases.
The Prevention of Anti Women Practices - Criminal Law (Third Amendment) Act, 2011
This law makes amendments to the PPC, including within the PPC a number of offences
considered to be customary practices. It expands the existing clause on prohibition on exchange of
women for purposes of resolution of a dispute to include prohibition of customs such as Wanni, Swara or
any other such custom. New sections added include prohibition of depriving women from inheriting their
property; creating an offence for forced marriages of women; and marriage of a woman to the Holy
Quran. These amendments target those who force women into such situations, depriving them or their
rights or coercing them against their will.
Domestic Violence (Prevention and Protection) Act, 2012
The Domestic Violence Bill makes violence against women and children an offence, punishable
by time in jail and imposition of fines. The Bill also been stipulates that the cases regarding domestic
violence be dealt with expeditiously, time lines in this connection have also been given.
 Chapter No. 17
CRIME AND URBANIZATION, ORGANIZED
CRIME AND WHITE-COLLAR CRIME

CRIME AND URBANIZATION

Crime is an activity which is against the law and the fact that the linkage between criminal
activities and the socio-economic development of the society is undeniable. Moreover, the relationship
between crime and evolution of mankind may also be considered a historical one as Cain (first son of
Adam and Eve) committed first crime when he murdered his brother Able because of jealousy.
A relatively new emerging field, however, is the economics of crime which tries to identify the
socio-economic causes and consequences of criminal activities in a society. Marshall and Clark (1952)
wrote: “A crime is any act or omission prohibited by public law for the protection of the public and
punishable by state in a judicial proceeding in its own name”. Similarly Tappan (1960) defined that “A
crime is an instrumental act or omission in violation of criminal law, committed without justification and
sanctioned by the state as felony or misdemeanor”. Though in case of criminal activity the net social
benefits are negative but there are some advantages also like new jobs for crime prevention. Using cost
and benefit analysis many theories have explained the trends in criminal activities.
For the criminal person the cost is punishment plus time which he has to spend in custody. On
the other hand, the cost for the victims may include security expenses and the loss of money etc. In a
strictly economic sense, a criminal is taken as a rational person as he compares the costs and benefits of
committing a crime (Becker, 1968). As urbanization is the process of growth in urban areas.
Industrialization, specialization, and economic development are related to the theories of urbanization. A
basic feature of urbanization is the shifting in employment from rural to urban or industrial sector. In other
words, urbanization is an indicator of industrial development in the economy.
Labour market pooling, trade of goods and services, knowledge spillover, high level of income
and economic relations are the basic pillars of urbanization. This type of development is helpful for
employment creation, poverty reduction and planned local business development in the urban regions.
Theories suggest that urbanization is good for promoting growth of industries and development in the
economy. The other face of this urbanization may be the encouragement of crimes as well, since, crimes
normally occur in large cities and in urbanized areas. In rural areas, due to lower population density,
criminal persons have less chance of hiding themselves because people know each other. The opposite
is true for urban areas. The main facts of crimes in urban areas are the fewer chances of arrest and
recognition.
These inequalities in resources, opportunities, power and access to social status rewards create
alienation and frustration, and develop into pockets or subcultures of violence, which lead to crime. Most
criminologists, rightly or wrongly, also attribute urban crimes to the lack of sound crime prevention
planning and the apathy of the community towards involvement in anti-crime campaigns.
Crimes Associated with Urbanization
There are a number of crimes directly related to urbanization that pose serious concern for the
government and civil society, foremost of these are street crimes, illegal drug trafficking, robbery and
theft, violent crimes against women and children, and terrorism.
1. Street Crimes
The phenomenon of street crimes seems to include almost all acts punishable by law that are
committed on the streets. These seem to cover all types of crimes such as a person gunned down due to
a traffic altercation, which constitutes murder; peddling of illicit drugs on the streets or using them as in
the case of wayward youth sniffing solvents in open view of people; rape in vacant lots or dark alleys;
kidnapping while walking or travelling by car; highway robbery of armored vans and similar vehicles; theft
of parked cars; assault/threat; swindling; vagrancy; and prostitution.
2. Illegal Drug Trafficking
The illicit drug trade now poses a grave threat to national security. Not only have illegal drugs
been linked to the commission of violent crimes, but they have also been strongly connected to the
continued existence of threat groups in the country today. Illegal drugs have spawned other big-time
crimes such as money laundering and kidnapping-for-ransom. It was observed that foreign nationals are
involved in almost all the big-volume seizures of
3. Violent Crimes against Women and Children
Women and children are vulnerable segments of the population in almost all parts of the world.
Incidences of violence committed against these sectors of the population impede the achievement of
objectives of development and peace. Violations committed against women and children both infringe the
enjoyment of basic human rights and fundamental freedom. The most pervasive form of gender-based
violence against women is reported to be abuse by husbands or intimate partners. Sexual assault is also
common, but only a small fraction of rapes are reported to the police.
4- Terrorism
Causes of Crimes Associated with Urbanity
The phenomenon of urban crimes could be attributed to a host of factors that are economic,
social, political and even moral or spiritual in nature. Among these are:
1. Poverty
Many authorities in the field of criminal justice say that poverty is a major cause of crime. This is
not of course to say that it follows that a person who wallows in wealth cannot be a criminal. Many crimes
are committed even by the rich. Furthermore, many people mired in poverty, have remained respectable
and exemplary citizens. It is evident that poverty Per Se is not the only reason or cause but it is a major
pre-dispositive factor.
2. Lost Family Values
Today as the country becomes more and more industrialized, there is an evident loosening of
family ties - the family gets together less and less as a group, with all members present, except during
special events. Each member of the family has his own schedule of activities, his own interests, his own
friends. All these factors prevent family members from having opportunities for cooperative activity,
preventing the development of strong personal relationships.
3. Working Mothers
 The employment and exodus of women from the home where mothers like me have to be
employed, some out of necessity others to augment the family income, have somehow contributed
directly or indirectly to the commission of crimes. At times, the frequent absence of the mother weakens
the fundamental relationship with children resulting sometimes in feelings of insecurity and rejection that
lead to maladjustments.
4. Ignorance
The majority of our population does not know many of our laws and the repercussions they face
once they commit violations thereof. They do not know many of their rights, the due process of law and
many other related matters. In fact, many of our hapless folks do not know what democracy is all about
and how they can make it work. This results in a “crisis” of citizenship characterized by widespread
apathy, indifference, “spoon-feeding” syndrome, or lack of discipline and self-restraint. This affects both
the criminals and victims alike in many ways. Because of their scanty legal knowledge and lack of
awareness of its repercussions, many criminals, especially first offenders, readily perpetrate crimes
based on a mistaken notion and false belief. Many become victims of crime because they are not aware
of the modus operandi of crime syndicates and are not crime prevention-conscious. Often times,
instances of miscarriage of justice on the part of either the offender or the victim, could be blamed on
their ignorance.
5. Injustices/Abuses
These constitute the powerful motives for most of the crime against persons perpetrated either by
the victims or their loved ones as cases of revenge or vendetta. Worse yet, these could serve also as the
reason for the same criminals to yet perform some more crime as a way of pre-empting a vendetta or
silencing the victims and/or their witnesses. The high propensity to avenge injustices/abuses among
Filipinos makes this factor abet crime in a very potent and violent manner.
6. Soft State
Non-enforcement of several laws and ordinances, massive graft and corruption, absenteeism on
the part of government officials or lack of basic services give rise to the lack of discipline and low regard
for the laws by the citizenry, which spawn lawlessness and crime. For monetary considerations or plain
laziness, traffic laws and ordinances are not enforced by traffic policemen or aides. Consequently,
drivers, passengers and pedestrians alike violate traffic rules and regulations left and right. From minor
violations, gradually these offenders commit more and more serious infractions of the laws, thereby
abetting crime.
7. Fear
This problem is so pervasive that it affects practically the entire society. whether rich or poor.
People are afraid, not only while they are on the streets; but also right inside their homes. Kidnapping for
ransom, bank robberies/hold ups, murders, homicides, crime against chastity and other heinous crimes
instill so much fear among the citizenry. Fear is an unseen force that breeds crime in many ways. Victims
of kidnap for ransom are easily paralyzed into inaction by the kidnappers; such that they will give in to the
demands of kidnappers, including that of not reporting the incident to the police.
Victims of crime and their witnesses are easily threatened to keep silent and not to file charges
and testify in court. Even when not actually threatened, many victims and witnesses refuse to cooperate
with the police in solving and prosecuting crimes. As a result, many criminals go scot-free and are
emboldened to perpetrate more crimes. As aptly stated by Edmund Burke, “For evil to triumph, it needs
only good men to do nothing”; like victims and witnesses keeping quiet about crime.
8. Others
There are many other breeding grounds of crime.
(i) Movies that glorify criminals and show a lot of violence and tabloids that depict lewd scenes
contribute to the rise in crime;
(ii) Modern technology that tends to increase the capabilities of crime syndicates to perpetrate more
crimes that are becoming more difficult to bust and/or solve; and
(iii) Lack of sound crime prevention planning and the apathy of the community towards involvement in
anti-crime campaigns.
Urban Crime Prevention
To effectively, combat crime, it is imperative to look first into it and understand its nature and
dynamics. For any crime to happen, there are three elements that are always present. These are: Motive,
which refers to the reason or cause why a person or group of persons perpetuate a crime; Instrumentality,
which is the means or implement used in the commission of a crime; and Opportunity, which consists of
the acts of omission and/or commission by a person (the victim) which enables another (criminal/s) to
perpetrate the crime. Influencing and interacting with these three elements of crime are the environmental
factors. For purposes of crime prevention and control, there are two elements in the environment to
consider.
The first element is the situation or circumstance that is inherent or beyond the control of man
such as weather, time, season, terrain, etc. The second element is the situation which can be influenced
by man such as poverty, ignorance, injustices, fear, etc. With these elements to consider, crime is
therefore everybody’s business. Prevention and control of crime need the cooperation of the community
with the law enforcers. Admittedly, crime prevention means different things to different people.
For the police, crime prevention has to do with deterrent roles like roadblocks, and visible policing
through active patrolling both on foot and vehicle. For a social worker, it might mean setting up projects to
re-integrate a young offender back to society. These are very different activities, but they all contribute
towards preventing crime. In effect, crime prevention means stopping crime from happening rather than
waiting to respond once offences have been committed. Crime prevention is the anticipation, recognition
and appraisal of a crime risk and the initiation of action to remove or reduce it. Criminologists consider
prevention in two senses.
The first concerns the ability of criminal law enforcement to make citizens law-abiding by
deterring potential offenders and preventing further lawbreaking by apprehending criminals. The second
refers to the efforts to correct fundamental social conditions and personal maladjustments which are
assumed to be the “seed bed” of crime. As distinguished from crime suppression which is the traditional
approach in crime control that deals with the apprehension, investigation, trial, correction and/or
punishment of the criminal, crime prevention is the modern approach applied through the reduction of
criminal opportunity and criminal victimization.
Crime prevention policies
In view of this, crime prevention policies have been incorporated in national economic
development plans. The Medium Term Development Plan embodies as one of its policy frameworks the
improvement of law and order, law enforcement administration of justice. It emphasises the government’s
role to guarantee public safety and national security, while ensuring that the rule of law prevails. Thus
ensuring peace and order rests primarily on the ability of the government to curb criminal activities. In this
regard, it is vital to strengthen the five pillars of the criminal justice system. The Plan enumerates the
following as strategies for action:
 Professionalizing and modernizing the military and the police
  Pursuing peace agreements using the holistic approach
 Mobilizing the citizenry for peace and order through various citizens’ organizations against crime
and the instrumentality of the local Peace and Order Councils
 Promoting respect for human rights
 Improving the administration of justice and
 Intensifying anti-crime initiatives
Concluding Statement
Developing and maintaining safe communities, be they urban or rural, is central to the issue of
good governance. An indicator of success of crime prevention programmes are their perceived effects on
peace and order. It is important therefore that the public must have a feeling of safety in their community
where they can walk the streets anytime of the day, enjoy their family and social environment, and
participate in community activities without fear for their life and property. Considering the varied problems
confronting any society today, we must realize that much is left to be done.
The Government has continuously strived and is earnestly exerting efforts to implement a unified
approach involving all sectors and spheres of the society to effectively deter crime. A practical approach,
with particular emphasis on an active and empowered citizenry where society gives importance to its
capacity to create justice and human growth, should be carried out vigorously to curb criminality. To
emphasize, crime prevention and urban safety then becomes one of the activities devoted to increasing
the relevance of the community as a socio-cultural organization making each and every citizen both the
“server” and “served.” Society must face the challenge and be willing to do its part as a stakeholder of a
crime-free society.
 Chapter No. 18
MONEY LAUNDERING
What is Money Laundering? (CSS-2016, 2017, 2018 2021)

Money laundering is the generic term used to describe the process by which criminals disguise
the original ownership and control of the proceeds of criminal conduct by making such proceeds appear
to have derived from a legitimate source. There are several common types of money laundering, including
casino schemes, cash business schemes, smurfing schemes, and foreign investment/round-tripping
schemes.

The processes by which criminally derived property may be laundered are extensive. Though
criminal money may be successfully laundered without the assistance of the financial sector, the reality is
that hundreds of billions of dollars of criminally derived money is laundered through financial institutions,
annually. The nature of the services and products offered by the financial services industry (namely
managing, controlling and possessing money and property belonging to others) means that it is
vulnerable to abuse by money launderers.

Money laundering is the process of creating the appearance that large amounts of money
obtained from criminal activity, such as drug trafficking or terrorist activity, originated from a legitimate
source. The money from the illicit activity is considered dirty, and the process "launders" the money to
make it look clean. In a nutshell, ‘money laundering’ refers to any activity that will transform illegally
gained or untaxed funds into legitimate capital.

Money laundering is essential for criminal organizations who wish to use illegally earned money
effectively. Dealing in large amounts of illegal cash is inefficient and dangerous. The criminals need a way
to deposit the money in financial institutions, yet they can only do so if the money appears to come from
legitimate sources.

Money obtained from certain crimes, such as extortion, insider trading, drug trafficking and illegal
gambling is “dirty”. It needs to be cleaned to appear to have been derived from legal activities so that
banks and other financial institutions will deal with it without suspicion. Money can be laundered by many
methods, which vary in complexity and sophistication.

Different countries may or may not treat payments in breach of international sanctions as money
laundering. Some jurisdictions differentiate these for definition purposes, and others do not. Some
jurisdictions define money laundering as obfuscating sources of money, either intentionally or by merely
using financial systems or services that do not identify or track sources or destinations.

Money is the prime reason for engaging in almost any type of criminal activity. 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.

Terrorists and terrorist organizations also rely on money to sustain themselves and to carry out
terrorist acts. Money for terrorists is derived from a wide variety of sources. While terrorists are not greatly
concerned with disguising the origin of money, they are concerned with concealing its destination and the
purpose for which it has been collected. Terrorists and terrorist organizations therefore employ techniques
similar to those used by money launderers to hide their money.

The ability to prevent and detect money-laundering is a highly effective means of identifying
criminals and terrorists and the underlying activity from which money is derived. The application of
intelligence and investigative techniques can be one way of detecting and disrupting the activities of
terrorists and terrorist organizations.

Because they deal with other people’s money, financial institutions rely on a reputation for probity
and integrity. A financial institution found to have assisted in laundering money will be shunned by
legitimate enterprises. An international financial centre that is used for money-laundering can become an
ideal financial haven. Developing countries that attract “dirty money” as a short-term engine of growth can
find it difficult, as a consequence, to attract the kind of solid long-term foreign direct investment that is
based on stable conditions and good governance, and that can help them sustain development and
promote long-term growth. Money-laundering can erode a nation’s economy by changing the demand for
cash, making interest and exchange rates more volatile, and by causing high inflation in countries where
criminals are doing business.

Most disturbing of all, money-laundering fuels corruption and organized crime. Corrupt public
officials need to be able to launder bribes, kick-backs, public funds and, on occasion, even development
loans from international financial institutions. Organized criminal groups need to be able to launder the
proceeds of drug trafficking and commodity smuggling. Terrorist groups use money-laundering channels
to get cash to buy arms. The social consequences of allowing these groups to launder money can be
disastrous. Taking the proceeds of crimes from corrupt public officials, traffickers and organized crime
groups is one of the best ways to stop criminals in their tracks.

In recent years, the international community has become more aware of the dangers that money-
laundering poses in all these areas and many Governments and jurisdictions have committed themselves
to taking action. The United Nations and other international organizations are committed to helping them
in any way they can. Criminals are now taking advantage of the globalization of the world economy by
transferring funds quickly across international borders.
Methods and Stages of Money Laundering
There are three stages involved in money laundering; placement, layering and integration.
1. Placement
This is the movement of cash from its source. On occasion the source can be easily disguised or
misrepresented. This is followed by placing it into circulation through financial institutions, casinos, shops,
bureau de change and other businesses, both local and abroad. The process of placement can be carried
out through many processes including:
  Currency Smuggling– This is the physical illegal movement of currency and monetary
instruments out of a country. The various methods of transport do not leave a discernible audit
trail.
 Bank Complicity (involvement)– This is when a financial institution, such as banks, is owned or
controlled by unscrupulous individuals suspected of conniving with drug dealers and other
organised crime groups. This makes the process easy for launderers. The complete liberalisation
of the financial sector without adequate checks also provides leeway for laundering.
 Currency Exchanges– In a number of transitional economies the liberalisation of foreign
exchange markets provides room for currency movements and as such laundering schemes can
benefit from such policies.
 Securities Brokers– Brokers can facilitate the process of money laundering through structuring
large deposits of cash in a way that disguises the original source of the funds.
 Blending of Funds– The best place to hide cash is with a lot of other cash. Therefore, financial
institutions may be vehicles for laundering. The alternative is to use the money from illicit
activities to set up front companies. This enables the funds from illicit activities to be obscured in
legal transactions.
 Asset Purchase– The purchase of assets with cash is a classic money laundering method. The
major purpose is to change the form of the proceeds from conspicuous bulk cash to some equally
valuable but less conspicuous form.
2. Layering
The purpose of this stage is to make it more difficult to detect and uncover a laundering activity. It
is meant to make the trailing of illegal proceeds difficult for the law enforcement agencies. The known
methods are:
 Cash converted into Monetary Instruments– Once the placement is successful within the
financial system by way of a bank or financial institution, the proceeds can then be converted into
monetary instruments. This involves the use of banker’s drafts and money orders.
 Material assets bought with cash then sold– Assets that are bought through illicit funds can be
resold locally or abroad and in such a case the assets become more difficult to trace and thus
seize.
3. Integration
This is the movement of previously laundered money into the economy mainly through the
banking system and thus such monies appear to be normal business earnings. This is dissimilar to
layering, for in the integration process detection and identification of laundered funds is provided through
informants. The known methods used are:
 Property Dealing– The sale of property to integrate laundered money back into the economy is a
common practice amongst criminals. For instance, many criminal groups use shell companies to
buy property; hence proceeds from the sale would be considered legitimate.
 Front Companies and False Loans– Front companies that are incorporated in countries with
corporate secrecy laws, in which criminals lend themselves their own laundered proceeds in an
apparently legitimate transaction.
 Foreign Bank Complicity– Money laundering using known foreign banks represents a higher
order of sophistication and presents a very difficult target for law enforcement. The willing
assistance of the foreign banks is frequently protected against law enforcement scrutiny. This is
not only through criminals, but also by banking laws and regulations of other sovereign countries.
  False Import/Export Invoices– The use of false invoices by import/export companies has
proven to be a very effective way of integrating illicit proceeds back into the economy. This
involves the overvaluation of entry documents to justify the funds later deposited in domestic
banks and/or the value of funds received from exports.
Electronic Money Laundering
The Internet has put a new spin on the old crime. The rise of online banking institutions,
anonymous online payment services and peer-to-peer (P2P) transfers with mobile phones have made
detecting the illegal transfer of money even more difficult. Moreover, the use of proxy servers and
anonymizing software makes the third component of money laundering, integration, almost impossible to
detect money can be transferred or withdrawn leaving little or no trace of an IP address. Money can also
be laundered through online auctions and sales, gambling websites, and virtual gaming sites, where ill-
gotten money is converted into gaming currency, then back into real, usable, and untraceable "clean"
money.
The newest frontier of money laundering involves cryptocurrencies, such as Bitcoin. While not
totally anonymous, they are increasingly being used in blackmail schemes, the drug trade, and other
criminal activities due to their relative anonymity compared with more conventional forms of currency.
Anti-money-laundering laws (AML) have been slow to catch up to these types of cybercrimes, since most
of the laws are still based on detecting dirty money as it passes through traditional banking institutions.
HOW TO PREVENT MONEY LAUNDERING
The following steps should be taken immediately to stop money laundering
Due Diligence
Before a business relationship can be established, due diligence must always be carried out on
customers. Due diligence must also be performed in the following instances:
 For individual transactions amounting to EUR 15,000 or more according to current and official
exchange rates, whether the transaction is carried out in a single operation or in several
operations which appear to be linked.
 For FX transactions amounting to EUR 1,000 or more according to current and official exchange
rates, whether the transaction is carried out in a single operation or in several operations which
appear to be linked.
 When there is a suspicion of money laundering or terrorist financing, regardless of any derogation
or exemption.
 When doubt exists as to the accuracy or reliability of customer information data.
Traceability of transactions
One of the key conditions for detecting money laundering and terrorist financing is to ensure the
traceability of transactions in order to establish the origin of funds. All business transactions, regardless of
the amount, must therefore be recorded in such a manner as to ensure traceability. For this reason, the
following information must be made available:
a) names of customers and their addresses, as well as the names of the authorised signatories and
proxies involved in the transaction in the case of a legal entity;
b) legal domicile / residence;
c) identity number and other personally identifiable information;
d) information on the type and nature of the transaction;
e) information on the amounts of the transactions and the currencies concerned;
f) information on what accounts were used for the transactions;
g) point in time of the transactions; and,
h) name of the recipient of funds, if applicable.
Due diligence for legal entities/corporate
Legal entities are required to provide information on their
a) name (registered company name),
b) Reg. No.
c) legal domicile,
d) activities,
e) telephone and
f) legal form. Information is also gathered on the board of directors, major owners/shareholders and
parties authorised to sign for a legal entity.
Persons authorised to sign for legal entities and those who hold special authority to represent a
legal entity in its dealings with financial undertakings, including managing directors and board members,
must verify their identity. These parties shall also confirm the validity of the origin of their authorisation to
sign or special authorisations.
Information on proposed transactions
A party seeking to establish a lasting business relationship shall provide details about the
proposed transactions. A special questionnaire is used to obtain information from customers about
intended transactions, including about the purpose of the business relationship, as well as the nature of
the transactions for which Landsbankinn is to serve as an intermediary. If a specific transaction will
benefit a third party, the customer shall be required to provide information as to who the third party is. A
party seeking to establish a business relationship shall be asked to state the origin of the financial assets
which will pass through the bank in the proposed transactions.
Preservation of information
According to rules on measures to prevent money laundering and terrorist financing, copies of
personal identification and other particulars on the customer which have been gathered must be
preserved for at least five years from the time occasional transactions or a permanent business
relationship concludes.
Suspicious transactions
Bank employees are obliged to examine all transactions and intended transactions whenever
there is a suspicion of money laundering or terrorist financing and report to the police any transactions
where this appears to be the case. This applies in particular to transactions that is unusual, very extensive
or complicated, having regard to the customer’s normal activities, or which do not appear to have a
financial or legitimate purpose.
Internal rules on actions to prevent money laundering and terrorist financing
Landsbankinn has adopted rules on actions to prevent money laundering and terrorist financing,
based on Icelandic law and international rules and guidelines. The objective of these rules is to seek to
prevent the use of Landsbankinn’s operations and activities, or those of its subsidiaries, for the purpose of
money laundering or terrorist financing.
The Consequences of Money Laundering and Financial Crime
Money laundering is the criminal’s way of trying to ensure that, in the end, crime pays. It is
necessitated by the requirement that criminals be they drug-traffickers, organized criminals, terrorists,
arms traffickers, blackmailers, or credit card swindlers disguise the origin of their criminal money so they
can avoid detection and the risk of prosecution when they use it.
Money laundering is critical to the effective operation of virtually every form of transnational and
organized crime. Anti-money-laundering efforts, which are designed to prevent or limit the ability of
criminals to use their ill - gotten gains, are both a critical and effective component of anti-crime programs.
Money laundering generally involves a series of multiple transactions used to disguise the source
of financial assets so that those assets may be used without compromising the criminals who are seeking
to use them.
Money laundering has potentially devastating economic, security, and social consequences. It
provides the fuel for drug dealers, terrorists, illegal arms dealers, corrupt public officials, and others to
operate and expand their criminal enterprises. Crime has become increasingly international in scope, and
the financial aspects of crime have become more complex due to rapid advances in technology and the
globalization of the financial services industry.
Modern financial systems, in addition to facilitating legitimate commerce, also allow criminals to
order the transfer of millions of dollars instantly using personal computers and satellite dishes. Because
money laundering relies to some extent on existing financial systems and operations, the criminal’s
choice of money laundering vehicles is limited only by his or her creativity. Money is laundered through
currency exchange houses, stock brokerage houses, gold dealers, casinos, automobile dealerships,
insurance companies, and trading companies. Private banking facilities, offshore banking, shell
corporations, free trade zones, wire systems, and trade financing all can mask illegal activities. In doing
so, criminals manipulate financial systems in the Pakistan and abroad.
Unchecked, money laundering can erode the integrity of a nation’s financial institutions. Due to
the high integration of capital markets, money laundering can also adversely affect currencies and interest
rates. Ultimately, laundered money flows into global financial systems, where it can undermine national
economies and currencies. Money laundering is thus not only a law enforcement problem; it poses a
serious national and with subsidized funding, a situation that can result in the international security threat
as well crowding out of private sector business by criminal organizations.
Exposed Emerging Markets
Money laundering is a problem not only in the world’s major financial markets and offshore
centers, but also for emerging markets. Indeed, any country integrated into the international financial
system is at risk. As emerging markets open their economies and financial sectors, they become
increasingly viable targets for money laundering activity.
Increased efforts by authorities in the major financial markets and in many offshore financial
centers to combat this activity provide further incentive for launderers to shift activities to emerging
markets. There is evidence, for example, of increasing cross-border cash shipments to markets with loose
arrangements for detecting and recording the placement of cash in the financial system and of growing
investment by organized crime groups in real estate and businesses in emerging markets. Unfortunately,
the negative impacts of money laundering tend to be magnified in emerging markets.
 A closer examination of some of these negative impacts in both the micro- and macroeconomic
realms helps explain why money laundering is such a complex threat, especially in emerging markets.
Effects of money laundering on economy
The following are effects of money laundering on economy
Undermining the Legitimate Private Sector:
One of the most serious microeconomic effects of money laundering is felt in the private sector.
Money launderers often use front companies, which co-mingle the proceeds of illicit activity with legitimate
funds, to hide the ill-gotten gains. In the United States, for example, organized crime has used pizza
parlors to mask proceeds from heroin trafficking. These front companies have access to substantial illicit
funds, allowing them to subsidize front company products and services at levels well below market rates.
Undermining the Integrity of Financial Markets:
Financial institutions that rely on the proceeds of crime have additional challenges in adequately
managing their assets, liabilities, and operations. For example, large sums of laundered money may
arrive at a financial institution but then disappear suddenly, without notice, through wire transfers in
response to non-market factors, such as law enforcement operations. This can result in liquidity problems
and runs on banks.
Loss of Control of Economic Policy:
In some emerging market countries, these illicit proceeds may dwarf government budgets,
resulting in a loss of control of economic policy by governments. Indeed, in some cases, the sheer
magnitude of the accumulated asset base of laundered proceeds can be used to corner markets or even
small economies.
Money laundering can also adversely affect currencies and interest rates as launderers reinvest
funds where their schemes are less likely to be detected, rather than where rates of return are higher.
And money laundering can increase the threat of monetary instability due to the misallocation of
resources from artificial distortions in asset and commodity prices.
In short, money laundering and financial crime may result in inexplicable changes in money
demand and increased volatility of international capital flows, interest, and exchange rates. The
unpredictable nature of money laundering, coupled with the attendant loss of policy control, may make
sound economic policy difficult to achieve.
Economic Distortion and Instability:
Money launderers are not interested in profit generation from their investments but rather in
protecting their proceeds. Thus they “invest” their funds in activities that are not necessarily economically
beneficial to the country where the funds are located. Furthermore, to the extent that money laundering
and financial crime redirect funds from sound investments to low-quality investments that hide their
proceeds, economic growth can suffer. In some countries, for example, entire industries, such as
construction and hotels, have been financed not because of actual demand, but because of the short-
term interests of money launderers. When these industries no longer suit the money launderers, they
abandon them, causing a collapse of these sectors and immense damage to economies that could ill
afford these losses.
Loss of Revenue:
 Money laundering diminishes government tax revenue and therefore indirectly harms honest
taxpayers. It also makes government tax collection more difficult. This loss of revenue generally means
higher tax rates than would normally be the case if the untaxed proceeds of crime were legitimate.
Risks to Privatization Efforts:
Money laundering threatens the efforts of many states to introduce reforms into their economies
through privatization. Criminal organizations have the financial wherewithal to outbid legitimate
purchasers for formerly state-owned enterprises. Furthermore, while privatization initiatives are often
economically beneficial, they can also serve as a vehicle to launder funds. In the past, criminals have
been able to purchase marinas, resorts, casinos, and banks to hide their illicit proceeds and further their
criminal activities.
Reputation Risk:
Nations cannot afford to have their reputations and financial institutions tarnished by an
association with money laundering, especially in today’s global economy. Confidence in markets and in
the signaling role of profits is eroded by money laundering and financial crimes such as the laundering of
criminal proceeds, widespread financial fraud, insider trading of securities, and embezzlement. The
negative reputation that results from these activities diminishes legitimate global opportunities and
sustainable growth while attracting international criminal organizations with undesirable reputations and
short-term goals. This can result in diminished development and economic growth. Furthermore, once a
country’s financial reputation is damaged, reviving it is very difficult and requires significant government
resources to rectify a problem that could be prevented with proper anti-money-laundering controls.
Social Costs
There are significant social costs and risks associated with money laundering. Money laundering
is a process vital to making crime worthwhile. It allows drug traffickers, smugglers, and other criminals to
expand their operations. This drives up the cost of government due to the need for increased law
enforcement and health care expenditures (for example, for treatment of drug addicts) to combat the
serious consequences that result.
Among its other negative socioeconomic effects, money laundering transfers economic power
from the market, government, and citizens to criminals. In short, it turns the old adage that crime doesn’t
pay on its head.
Furthermore, the sheer magnitude of the economic power that accrues to criminals from money
laundering has a corrupting effect on all elements of society. In extreme cases, it can lead to the virtual
take-over of legitimate government.
Overall, money laundering presents the world community with a complex and dynamic challenge.
Indeed, the global nature of money laundering requires global standards and international cooperation if
we are to reduce the ability of criminals to launder their proceeds and carry out their criminal activities.
ANTI-MONEY LAUNDERING LAW

The main legislation to deal with counter-terrorism financing is Anti-Money Laundering Act, 2010. The
seminal legislation addresses administrative, regulatory, penal, procedural and aspects of international
cooperation. Two sets of amendments were introduced in the law in 2020. Based on the latest
amendments, the following are its characteristic features:
1. At policy level, it envisages a National Executive Committee that sets the policy options and is headed by
Minister for Finance;
2. For implementation, it provides for a General Committee to be headed by Secretary Finance;
3. The law provides for preventive legal framework that works under the Financial Monitoring Unit (FMU)
that is housed at State Bank of Pakistan. Besides analyzing Suspicious Transaction Reports (STRs) and
Currency Transaction Reports (CTRs), it has to the power to disseminate the material to the concerned
investigation or prosecution agency, as the case may be;
4. The law provides for the offence of money laundering in conformity with the definitions of the Vienna and
Palermo Conventions. It further links the offence of money laundering to the predicate offences, since
the latter is the source for creation of wealth to be laundered;
5. The law has a robust enforcement regime that oversees laundered property. It authorizes the
investigator to attach, seize and retain the property with a court order, and empowers the investigating
officer to hold the accused for 180 days in remand. After finalization by the court, the property can be
forfeited by the Federal Government;
6. The law provides for a self-contained regime for Regulators and Self-Regulated Bodies (SRBs). Through
the latest amendments introduced in September, 2020, the law requires these Regulators and SRBs to
conduct due diligence of their domains depending upon their level of vulnerabilities;
7. The law requires elaborate compliance and management arrangements to be made by all especially the
Designated Non-Financial Business and Professions (DNFBPs);
8. For international cooperation and exchange of information, the law has self-contained detailed legal
provisions, which are essentially civil in nature. In case of criminal international cooperation, the Mutual
Legal Assistance (Criminal Matters) Act, 2020 may be used.

Rigorous imprisonment between 1 to 10 years and a fine which may extend to PKR 25 million. The fine
may extend up to PKR 100 million in case of a legal person. In addition, the offender shall also be liable to
forfeiture of property involved in money laundering or property of corresponding value.

It may be realized that world has moved from detection of white collar crime to policing it. The policing of
white collar crime and economic activities require high level of skill and expertise, which must be introduced
through targeted trainings of public functionaries. The enhancement of existing legal frameworks, complete
with more robust detection and preventative elements qualitatively add to Pakistan’s countering money
laundering.

Analysis of Anti – Money Laundering Law

At the end of June 2018, Pakistan was added to the “grey list” of countries deemed by the
Financial Action Task Force as not yet having taken sufficient steps to thwart opportunities for money
laundering and finance for terrorism, as defined by international conventions and regulatory requirements.
An Action Plan was agreed with time-bound tasks corresponding to each of the weaknesses identified by
FATF. Last week, Pakistan received a follow up cum pre-evaluation visit by a six-member delegation of
the Asia Pacific Group (APG), the so-called “FATF-style regional body” responsible for our geographical
region. Press reports of the visit have highlighted that the APG acknowledged that progress had been
made since June, but work in key areas remained to be addressed prior to the Mutual Evaluation
scheduled for October.
The FATF is an intergovernmental body established to combat money laundering, terror financing
and other related threats to the integrity of the international financial system. Pakistan was added to the
“grey list” of countries involved in providing monetary assistance to terrorism and related causes after a
Financial Action Task Force meeting in Paris in June 2018. Terror financing involves collection of funds to
support acts of terror or terrorist organisations. In financing terrorism, funds may come from legitimate
sources, such as donations from the ordinary citizen, but the purpose has to be a crime.
The United Nation adopted the United Nations Convection Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (the Vienna Convention) in 1989, the Political Declaration and
Action Plan Against Money Laundering in 1988, and The United Nation Convention Against
 Transnational Organised Crime in 2000. These international instruments call on states to outlaw
the most common offences, including Money Laundering and terror financing and bind states for
strict compliance.
International requirements to enforce effective regulations for countering terror finance and
money laundering often have an impact at the grass-root level, and are viewed to limit the space and
capacity of civil society organisations to respond to disasters and emergencies. When such
consequences occur, they are often referred to collectively as “shrinking operational space” or “shrinking
humanitarian space”.
Charities and non-profit organisations (NPOs) perform a vital role in our society, providing relief
and support to groups of the population in need, and at times of urgent crises. Unfortunately, charitable
fund raising has also been used to provide cover for the financing of terrorism. FATF Recommendation 8
requires that the laws and regulations that govern non-profit organisations be reviewed so that these
organisations cannot be abused for the financing of terrorism.
Pakistan needs to understand the money laundering and terror financing risks for the country,
and should take action, including designating an authority or mechanism to coordinate actions to assess
risks, and apply resources, aimed at ensuring the risks are mitigated effectively. There is a need to review
national AML/CFT policies and designate that is responsible for such policies. Money laundering ought to
be criminalised based on the Vienna Convention, and also criminalise terrorist financing on the basis of
the Terrorist Financing Convention. It should be made mandatory for the financial institutions to maintain,
for at least five years, all necessary records on transactions, both domestic and international, to enable
them to comply swiftly with information requests from the competent authorities. Such records must be
sufficient to permit reconstruction of individual transactions (including the amounts and types of currency
involved, if any) so as to provide, if necessary, evidence for prosecution of criminal activity.
The Anti-Money Laundering Act 2010 and its supporting regulations provide a solid foundation to
curb money laundering and terror financing activities in the country. Under this law, a high-powered
National Executive Committee, comprising four ministers, governor of the State Bank of Pakistan and
chairman of the Securities and Exchange Commission of Pakistan, amongst others, are fully empowered
to develop an anti-money laundering and counter-terrorism financing (AML/CTF) strategy. Furthermore,
according to Financial Monitoring Unit, website, there are 20+ relevant laws, three sets of regulations and
10 types of reporting formats and guidance notes to control and prevent money laundering and terrorism
financing.
It’s crucial to understand that an effective AML/CTF regime can curtail money laundering and
financing of terrorism crimes but the major weakness lies in the most important area, which relates to
implementing rules and regulations on ground by the government itself. This is where information
received from financial institutions need to be analysed and investigated. Those involved in money
laundering and terrorist financing activities then need to be duly prosecuted and subjected to effective
sanctions, including confiscation of proceeds of crime. We are pretty good in promulgating laws, drafting
regulations and notifying guidance notes, all these efforts lose steam when it comes to enforcing them.
The FATF review also highlighted that cross-border smuggling of cash in Pakistan remains one of the
major areas where there has been no progress at all. Illicit funds may come from a variety of sources but
at some point they have to change hands. That is where they need to be stopped and those involved
need to be caught. And this is exactly where our failing has been.
Effective enforcement requires well-functioning institutions and a capable judicial system, which
in turn depends on overall rule of law and state of governance. Money laundering and related crimes in
Pakistan have recently taken center-stage in political debates. Prime Minister Imran Khan in his maiden
address to the nation announced that he will personally watch activities covered under the caption of
money laundering.
There is an urgent need to consider the reservations of the group and take rapid steps in
addressing the areas where it has identified problems. However, what the government needs to keep in
consideration is the possibility of FATF-APG desire to get more specific commitments, including a
crackdown on the organisations which have been involved in terrorist activities in the past. Apart from
establishing a leak-proof legal framework to curb terror financing, the group will also want progress on
actions against those banned organisations that are still operating under new or different names. These
organisations are, in fact, FATF’s actual point of concern.
Towards enabling the latter, the National Commission for Human Rights (NCHR) held a seminar
on 30th August, 2018 in Islamabad. The aim was to set the ball rolling through enabling a cross-sectoral
understanding of the inter-connectedness of international counter terror/anti-money laundering obligations
under the FATF and their impact on operational space for grass-roots, social and economic development.
Trade Based Money Laundering
There are three main methods by which criminal organisations and terrorist financiers move
money for the purpose of disguising its origins and integrating it into the formal economy. The first is
through the use of the financial system; the second involves the physical movement of money (e.g.
through the use of cash couriers); and the third is through the physical movement of goods through the
trade system. In recent years, the Financial Action Task Force has focused considerable attention on the
first two of these methods. By comparison, the scope for abuse of the international trade system has
received relatively little attention. The international trade system is clearly subject to a wide range of risks
and vulnerabilities that can be exploited by criminal organisations and terrorist financiers. In part, these
arise from the enormous volume of trade flows, which obscures individual transactions; the complexities
associated with the use of multiple foreign exchange transactions and diverse trade financing
arrangements; the commingling of legitimate and illicit funds; and the limited resources that most customs
agencies have available to detect suspicious trade transactions. Trade-based money (TBML) primarily
involves the import and export of goods and the exploitation of a variety of cross-border trade finance
instruments.
TBML laundering is defined as the process of disguising the proceeds of crime and moving value
through the use of trade transactions in an attempt to legitimise their illicit origins. In practice, this can be
achieved through the misrepresentation of the price, quantity or quality of imports or exports. Moreover,
trade-based money laundering techniques vary in complexity and are frequently used in combination with
other money laundering techniques to further obscure the money trail.
Trade-based money laundering represents an important channel of criminal activity and, given
the growth of world trade, an increasingly important money laundering and terrorist financing vulnerability.
How Does Trade-Based Money Laundering Work? (CSS - 2021)
The most common TBML methods include:
 Over-invoicing: The exporter submits an inflated invoice to the importer, generating a payment
that exceeds the value of the shipped goods. Greater value is transferred from the importer to the
exporter.
 Under-invoicing: The exporter submits a deflated invoice to the importer, shipping goods with
greater value and transferring that value to the importer.
 Multiple-invoicing: The exporter invoices multiple times for the same shipment, transferring
greater value from the importer to the exporter.
 Over- or under-shipment: The exporter ships more goods than previously agreed to with the
importer, thereby transferring greater value to the importer. Alternatively, the exporter ships fewer
goods than agreed, transferring greater value to the exporter.
 Misrepresentation of quality: Goods shipped to importers are misrepresented on official
documentation as being of a higher quality — thereby transferring greater value to the exporter.
International Guidance on Trade-Based Money Laundering
The wider the scope of TBML regulators, the easier it is for individual companies to prevent it.
International authorities issue various regulations to disable and block TBML. The FATF provides financial
institutions with a list of trade finance AML red flags to consider when managing cross-border
transactions; these include:
 Significant discrepancies between invoices and the description of goods on official documents.
 Shipments with unusual traffic of goods handled by a particular importer or exporter.
 Payment methods are inconsistent with the level of risk presented by the transaction.
 Transport of goods entering or leaving countries that are considered to be at high risk of money
laundering.
Trade-Based Money Laundering Examples
 A letter of credit for a high-value cross-border import is revealed to contain anomalies when
examined by the routing bank. Further investigation by the bank reveals missing and
unrecognized documentation with the import agents. The bank rejects the transaction and returns
the drawing documents.
 The first beneficiary of a multi-million dollar letter of credit is to supply medical goods for another
country’s bureau of health; however, the second and ultimate beneficiary of the credit issues
invoices which do not match those submitted by the first. The first beneficiary is revealed to have
substituted invoices marked up by 300% and is additionally revealed to have a connection with
the firm acting as the agent to the bureau of health. The bank cancels the transaction adds the
parties to their internal watch list.
 Several shell companies purchase electronic goods with funds derived from criminal activities —
and then sell the goods to buyers in high-risk countries with minimum due diligence. The
proceeds are then directed back to the shell companies. The bank handling the transactions
notices a number of red flags, and in particular that the shell companies are registered in
countries unrelated to the transactions. The bank adds all parties to its internal watch list.

Do Cryptocurrencies have high money laundering risk? (CSS - 2021)

Money Laundering with cryptocurrencies is highly complex and risky, making it an ineffective
strategy compared to conventional techniques. They also argue that transactions in digital currencies are
more transparent and accountable compared to fiat currencies.
Criminals readily exploit the fast-moving pace of technological advancement with financial
transactions, using new payment methods such as cryptocurrencies, rapidly gaining acceptance
worldwide.In recent years, financial payments have experienced an unprecedented wave of technological
innovations with the development of new electronic payment methods. Cryptocurrencies, including
Bitcoin, have the potential to make it easier for criminals to hide the source of their proceeds and move
their funds across borders without detection.
The rise of blockchain technology has facilitated the spread of cryptocurrencies and other types
of crypto assets. Secured by cryptographic algorithms and circulated without any need for a central bank
authority, cryptocurrencies have disrupted traditional financial systems and are traded widely on
exchange platforms in jurisdictions all over the world. However, the disruptive presence of cryptocurrency
has also increased the potential for criminals to misuse the technology to evade conventional anti-money
laundering controls.
How is Money Laundering Possible in Crypto Contexts?
Cryptocurrencies represent an attractive option to money launderers because of the anonymity
they provide and the speed with which they can be transferred between users via exchanges. Money
laundering with fiat currencies requires customers to create accounts with banks (and other financial
service providers) by submitting personal identifying information – money launderers then use the banks’
infrastructure to conduct transactions, transferring illegal funds into and out of the financial system in an
attempt to disguise their origin.
By contrast, cryptocurrency exchange users do not have to identify themselves to the same
extent or use regulated banking infrastructure to move their funds. Cryptocurrency transactions require
only the unique addresses of users’ crypto wallets and take place directly between senders and recipients
anywhere in the world with no need for scrutiny by acentralized authority or intermediary administration.
Similarly, there is no codified paper trail of cryptocurrency transactions – other than a
cryptographically secured record on the block chain. While cryptocurrency exchange platforms involve a
certain level of customer identification and record-keeping, regulatory standards for these platforms are
inconsistent and often inadequate, and criminals still benefit from the anonymity and speed associated
with the online transfer of funds.
Since cryptocurrency transactions occur digitally, money launderers can also move larger
volumes of illegal funds into and out of the financial system quickly, often outpacing the AML measures
put in place by authorities.
The specific benefits of cryptocurrency exchanges for money laundering methodologies are as
follows:
 User identities: Cryptocurrency transactions are cryptographically secured and are identifiable
only through a user’s exchange account or crypto wallet address. While crypto exchanges and
wallet service providers require customers to provide identifying information, it is possible to add
additional layers of security to transactions via tumbler and mixing services.
 Transaction speeds: Cryptocurrency transactions take place quickly and, in some cases, in a
matter of seconds, offering money launderers a greater level of efficiency than fiat currencies and
the possibility of disguising funds before they are detected by AML controls.
 Structured deposits: Money launderers may use cryptocurrency exchange services to make
multiple structured deposits of illegal funds in amounts that avoid triggering AML reporting
thresholds.
 Chapter No. 19
CYBERCRIME

CYBERCRIME

Q. Write a detailed note on Cyber Crime. (CSS-2016)

Q. Cybercrime is increasing at national and international levels. Suggest some

measures to control this kind of crime. (CSS-2019)

Cybercrime is a criminal activity that mainly targets or involves using a computer, network
associated with a computer, or a connected device Cybercrime is not always conducted by individuals or
hackers but could be done by organizations too. The primary aim of Cybercrime is to damage computers
for-profit personal or political. Cybercrime is a broad term that covers a range of illegal activities
conducted via the computer or the Internet.

A primary effect of cybercrime is financial. Cybercrime can include many different types of profit-
driven criminal activity, including ransomware attacks, email and internet fraud, and identity fraud, as well
as attempts to steal financial account, credit card or other payment card information.

Cybercriminals may target an individual's private information or corporate data for theft and
resale. As many workers settle into remote work routines due to the pandemic, cybercrimes are expected
to grow in frequency in 2021, making it especially important to protect backup data.

The U.S. Department of Justice (DOJ) divides cybercrime into three categories:

1. Crimes in which the computing device is the target -- for example, to gain network access;

2. Crimes in which the computer is used as a weapon -- for example, to launch a denial-of-service (DoS)
attack; and

3. Crimes in which the computer is used as an accessory to a crime -- for example, using a computer to
store illegally obtained data.

The Council of Europe Convention on Cybercrime, to which the U.S. is a signatory, defines
cybercrime as a wide range of malicious activities, including the illegal interception of data, system
interferences that compromise network integrity and availability, and copyright infringements.
 The necessity of internet connectivity has enabled an increase in the volume and pace of
cybercrime activities because the criminal no longer needs to be physically present when committing a
crime. The internet's speed, convenience, anonymity and lack of borders make computer-based
variations of financial crimes such as ransomware, fraud and money laundering, as well as crimes such
as stalking and bullying easier to carry out.

Cybercriminal activity may be carried out by individuals or groups with relatively little technical
skill, Or by highly organized global criminal groups that may include skilled developers and others with
relevant expertise. To further reduce the chances of detection and prosecution, cybercriminals often
choose to operate in countries with weak or nonexistent cybercrime laws.

How cybercrime works

Cybercrime attacks can begin wherever there is digital data, opportunity and motive.
Cybercriminals include everyone from the lone user engaged in cyberbullying to state-sponsored actors,
like China's intelligence services.

Cybercrimes generally do not occur in a vacuum; they are, in many ways, distributed in nature.
That is, cybercriminals typically rely on other actors to complete the crime. This is whether it's the creator
of malware using the dark web to sell code, the distributor of illegal pharmaceuticals using cryptocurrency
brokers to hold virtual money in escrow or state threat actors relying on technology subcontractors to
steal intellectual property (IP).

Cybercriminals use various attack vectors to carry out their cyberattacks and are constantly
seeking new methods and techniques for achieving their goals, while avoiding detection and arrest.

Cybercriminals often carry out their activities using malware and other types of software, but
social engineering is often an important component for executing most types of cybercrime. Phishing
emails are another important component to many types of cybercrime but especially so for targeted
attacks, like business email compromise (BEC), in which the attacker attempts to impersonate, via email,
a business owner in order to convince employees to pay out bogus invoices.

Types of cybercrime

As mentioned above, there are many different types of cybercrime. Most cybercrimes are carried out with
the expectation of financial gain by the attackers, though the ways cybercriminals aim to get paid can
vary. Some specific types of cybercrimes include the following:

Cyber-extortion: A crime involving an attack or threat of an attack coupled with a demand for money to
stop the attack. One form of cyber-extortion is the ransomware attack. Here, the attacker gains access to
an organization's systems and encrypts its documents and files anything of potential value making the
data inaccessible until a ransom is paid. Usually, this is in some form of crypto-currency, such as bitcoin.

Crypto-jacking: An attack that uses scripts to mine crypto currencies within browsers without the user's
consent. Crypto-jacking attacks may involve loading crypto-currency mining software to the victim's
system. However, many attacks depend on JavaScript code that does in-browser mining if the user's
browser has a tab or window open on the malicious site. No malware needs to be installed as loading the
affected page executes the in-browser mining code.

Identity theft: An attack that occurs when an individual accesses a computer to glean a user's personal
information, which they then use to steal that person's identity or access their valuable accounts, such as
banking and credit cards. Cybercriminals buy and sell identity information on darknet markets, offering
financial accounts, as well as other types of accounts, like video streaming services, webmail, video and
audio streaming, online auctions and more. Personal health information is another frequent target for
identity thieves.
Credit card fraud: An attack that occurs when hackers infiltrate retailers' systems to get the credit card
and/or banking information of their customers. Stolen payment cards can be bought and sold in bulk on
darknet markets, where hacking groups that have stolen mass quantities of credit cards profit by selling to
lower-level cybercriminals who profit through credit card fraud against individual accounts.

Cyber-espionage: A crime involving a cybercriminal who hacks into systems or networks to gain access
to confidential information held by a government or other organization. Attacks may be motivated by profit
or by ideology. Cyber-espionage activities can include every type of cyber-attack to gather, modify or
destroy data, as well as using network-connected devices, like webcams or closed-circuit TV (CCTV)
cameras, to spy on a targeted individual or groups and monitoring communications, including emails, text
messages and instant messages.

Software piracy: An attack that involves the unlawful copying, distribution and use of software programs
with the intention of commercial or personal use. Trademark violations, copyright infringements and
patent violations are often associated with this type of cybercrime.

Exit scam: The dark web, not surprisingly, has given rise to the digital version of an old crime known as
the exit scam. In today's form, dark web administrators divert virtual currency held in marketplace escrow
accounts to their own accounts -- essentially, criminals stealing from other criminals.

How to prevent cybercrime

While it may not be possible to completely eradicate cybercrime and ensure complete internet
security, businesses can reduce their exposure to it by maintaining an effective cybersecurity strategy
using a defense-in-depth approach to securing systems, networks and data.

Cybercrime risks can be reduced with the following steps:

 develop clear policies and procedures for the business and employees;
 create cybersecurity incident response plans to support these policies and procedures;
 outline the security measures that are in place about how to protect systems and corporate data;
 use two-factor authentication (2FA) apps or physical security keys;
 activate 2FA on every online account when possible;
 verbally verify the authenticity of requests to send money by talking to a financial manager;
 create intrusion detection system (IDS) rules that flag emails with extensions similar to company
emails;
 carefully scrutinize all email requests for transfer of funds to determine if the requests are out of
the ordinary;
 continually train employees on cybersecurity policies and procedures and what to do in the event
of security breaches;
 keep websites, endpoint devices and systems current with all software release updates or
patches; and
 back up data and information regularly to reduce the damage in case of a ransomware attack or
data breach.
 Information security and resistance to cybercrime attacks can also be built by encrypting local
hard disks and email platforms, using a virtual private network (VPN) and using a private, secure
domain name system (DNS) server.

Cyber-crimes and their Punishments in Pakistan

According to prevention of electronic crimes Act, 2016 following punishments should be given to the
person committing cyber-crime:

Cyber stalking:
 Whoever commits this office is liable for imprisonment up-to three years or fine up-to one million
rupees or both and in case of minor, imprisonment will be up to-five years and fine up-to ten million
rupees or both.

Data diddling:

This is called “electronic forgery” in Pakistani legal system and the criminal is awarded
punishment up to three years and fine up to two hundred and fifty thousand rupees or both and if the
criminal commits this crime is respect to critical infrastructure, he will be imprisoned up to seven years
and fine up to five million rupees or both.

Criminal defamation:

Whoever intentionally and publicly exhibits or displays or transmits any information through any
information system, which he knows to be false, and intimidates or harms the reputation or privacy of a
natural person, shall be punished with imprisonment for a term which may extend to three years or with
fine which may extend to one million rupees or with both.

Spamming:

Anyone (an individual or an organization) can be fined with up to Rs. 50,000 for the first and three
months of jail if they:

 Send spam emails/SMS without permission of receiver

 Send emails without unsubscribe options
 Send emails with harmful fraudulent emails
 misleading email
 Illegal email.

Spoofing:

Up to 3 Years in Jail or fine up to Rs. 500,00 or both .

Whoever with dishonest intention establishes a website or sends any information with a
counterfeit source intended to be believed by the recipient or visitor of the website to be an authentic
source commits spoofing.

Unauthorized Access to Information or Data:

Law says that if you access any information system or data with dishonest intents then you can
go to jail for up to three months or be liable to pay a fine up to Rs. 50,000 or both.

Unauthorized Copying or Transmission of Data:

Whoever with dishonest intention and without authorization copies or otherwise transmits or
causes to be transmitted any data shall be punished with imprisonment for a term which may extend to
six months, or with fine which may extend to one hundred thousand rupees or with both.

Unauthorized Access to Critical Infrastructure Information System or Data:

 Whoever with dishonest intention gains unauthorized access to any critical infrastructure
information system or data shall be punished with imprisonment which may extend to three years or with
fine which may extend to one million rupees or both.

Chapter No. 20
ROLE OF NAB, FIA, ANF
NATIONAL ACCOUNTABILITY BUREAU (NAB)

The National Accountability Bureau (NAB), is an autonomous and constitutionally established

federal institution responsible to build efforts against corruption and prepare critical national economic
intelligence assessments against economic terrorism to the Government of Pakistan. It has come under
criticism for inhumane treatment of its detainees and the sweeping powers bestowed upon it under the
National Accountability Ordinance 1999 promulgated by military regime. Pakistan’s parliamentary
committee that monitors corruption cases has criticized.

The NAB is empowered to undertake any necessary prevention and awareness, in all means, in
addition to enforce its operations against the economic terrorism and financial crimes. It was established
on 16 November 1999 and its sphere of operation has been expanded and extended since. The
constitution grants to launch investigations, conduct inquiries, and issues arrests warrants against the
individuals suspected in the financial mismanagement, terrorism, corruptions (all in private-sector, state-
sector, defence sector, and corporate-sector), and directs cases to accountability courts.
Established by Ordinance No. XIX in 1999, its powers has been extended to conduct inquiry at
higher level by the Article 270AAof the Constitution of Pakistan. With its chief headquarters located in
Islamabad, it has four regional offices in the four provinces of the country as well as four capital territories
of the country.
HISTORICAL PERSPECTIVE
a. The National Accountability Ordinance was promulgated in 1999and extends to the whole of
Pakistan. It applies to all persons in Pakistan, and persons who are or have been in the service of
Pakistan, wherever they may be, including areas, which are part of the Federally and Provincially
Administered Tribal Areas. The Ordinance provides for:
 The detection, investigation, prosecution, and speedy disposal of cases involving corruption,
corruption, misuse of power, misappropriation of property, kickbacks, commissions, and
matters connected and ancillary or incidental.
 The recovery of outstanding amounts from persons who have committed default in
repayments to banks, financial institutions, the Government, and other agencies.
 The recovery of State money and other assets from those people who have misappropriated
such assets or removed these assets abroad.
b. Amendments to the Ordinance
 As a consequence of the strict enforcement of the Ordinance, certain well-entrenched vested
interests were successfully brought to justice. In reaction thereto, the accused initiated a virulent
media campaign, branding the Ordinance as draconian in substance and application. Its validity was
challenged in the Supreme Court on the grounds that it exceeded the powers granted by the basic
laws and violated fundamental rights guaranteed by the Constitution; and that its purpose was to set
up an arbitrary executive body to negate the rule of law and principles of natural justice.
“Until the late 1990s, corruption was quite prevalent and built on a close-knit collusion, known as
the ‘iron triangle’, between Japanese politicians, bureaucrats and the business sector and was a major
contributor in its economic boom The National Accountability Ordinance was promulgated in 1999 and
extends to the whole of Pakistan. It applies to all persons in Pakistan, and persons who are or have been
in the service of Pakistan, wherever they may be, including areas, which are part of the Federally and
Provincially Administered Tribal Areas.”
C. Anti-corruption efforts
The initial years of the NAB’s performance are reflective of its effective anti-corruption drive and
the results it achieved in a short span of time. The number of convictions, data on investigations and
details of plea bargain cases can be found in Annex A. The data is available for the initial years from 1999
till 2002. The list of anti-corruption laws, orders, ordinances promulgated to date is attached in Annex B.
d.
c. Political Developments
While addressing the first Constitutional Assembly on August 11, 1947, Quaid-e-Azam
Muhammad Ali Jinnah said “One of the biggest curses from which India is suffering, I do not say that
other countries are free from it, but I think our condition is much worse, is bribery and corruption. That
really is poison.
We must put it down with an iron hand. This vision of the Quaid-e-Azam, Muhammad Ali Jinnah
was translated and promulgated in the form of Prevention of Corruption Act 1948 (mentioned in Annex B).
The Act included 18 categories of public office holders, including the judiciary and the armed forces of
Pakistan. Unfortunately, this was replaced with an ordinance aimed at political victimization and at the
same time stonewalling the accountability system in the country. No serious efforts were made until the
establishment of the NAB, which also met its Waterloo in the form of the NRO in 2007 and political plea
bargaining within just four years of its formation.
ENFORCEMENT
Enforcement is the most effective and swift approach towards the elimination of corruption, but
being a damage control exercise, it is inferior to prevention.
Till the late 1990s, corruption was quite prevalent and built on a close-knit collusion, known as the
‘iron triangle’, between Japanese politicians, bureaucrats and the business sector and was a major
contributor in its economic boom Enforcement is the most effective and swift approach towards the
elimination of corruption, but being a damage control exercise, it is inferior to prevention. Preventing an
act of corruption from happening is far better than the long drawn out recovery or penalty processes,
especially in the judicial system of Pakistan.
Preventing an act of corruption from happening is far better than the long drawn out recovery or
penalty processes, especially in the judicial system of Pakistan. The NAB cases till apex court take five to
ten years as per the record, which amounts to justice denied.
a. Receiving Complaints
 Complaints from any source are received at the regional NAB offices around the country and are
received by letter or email or in person and come from individuals, Government departments, associated
anti-corruption agencies, such as the Ombudsman, the PAC, the Auditor General, the courts and other
sources. Some are generated internally by the NAB intelligence. If made in person, the complainant is
interviewed and, if his complaint relates to an offence in the NAB’s mandate, a written statement is taken
and signed by him on an affidavit. Some complaints require verifications to check if they are genuine.
Those judged not to relate to the NAB’s mandate are referred to other agencies for further action. Some
are sent to the ACE for their investigative action.
After verification, complaints falling within the ambit of the NAB are referred for inquiry.
Anonymous or pseudonymous complaints as per the SOP are excluded despite the fact that it is
recognised that such complaints can contain valuable information regarding corruption. Lately, the NAB
has also stopped taking cognizance of minor cases. The investigation policy regarding corruption
complaints is creating substantial risks for the NAB. Discarding what seems to be unimportant does
nothing to develop the public support essential in fighting corruption. The perception that NAB is being
selective for the wrong reasons can grow rapidly. Some of the complaints falling within the NAB’s
mandate are being transferred to agencies in which the public has long since lost confidence. This cannot
reflect well on the NAB.
b. Investigating Complaints
The term “investigation” has acquired a special meaning in the NAB. It means a particular stage
in the process of looking into a complaint that NAB has decided to investigate. It is the third stage of a
process that starts with a verification of a complaint. The verification may in turn lead to an “inquiry”.
Two distinct aspects of the problems identified in the investigative process should be kept in
mind. The first is the duplication of work; the second is the lack of appropriate delegation of authority. The
following are recommended to improve the investigative process by the NAB.
i. An immediate sifting of the backlog of cases could be instituted at each regional the NAB office to
identify those that could be sent to other agencies for investigation.
ii. A further sifting of the remainder could identify those no longer likely to be pursuable by reason of
the passage of time. They could be closed on the authority of the regional DG.
iii. The remainder could be investigated based on merit. A strict timetable of management review of
these investigations would ensure that the decision to close or continue is taken at frequent
intervals at the lowest supervisory level. Recommendations to proceed no further could be
put to, and taken by, the regional DG.
iv. Incoming complaints that are classified as theft, fraud or embezzlement could be referred at once
to the ACE or police as the case may be.
v. Complaints to be investigated should be investigated from the outset with a view to prosecution.
Appropriate investigative resources should be deployed in an investigation as it progresses.
Frequent supervisory review would ensure that the recommendation to proceed no further is
taken at the first opportunity.
vi. As soon as investigators assess that the investigation has a realistic prospect of prosecution,
legal advice could be used to decide whether to proceed further.
c. Disposing of Investigations
Investigations that do not lead to a prosecution are ended in several ways:
 i. Investigative actions that have not reached the stage of being authorised investigations
are closed administratively.
ii. Investigations that result in no prima facie are closed with the approval of an
Accountability Court under section 9(c) of the NAO.
iii. A person may offer voluntarily to return ill-gotten gains before an investigation
isauthorised — Section 25(a) of the NAO. In that event the Chairman or the Director
General may accept the offer and discharge the person from liability. There is no point to
any further investigative action and the file is closed.
iv. Where, after an investigation has been authorised, a suspect offers to return his ill-gotten
gains, the Chairman may accept the offer under Section 25(b) of the NAO.
In that event the case is referred to the court for its approval of the plea bargain and the release
of the suspect. The distinction that has been drawn between investigation and inquiry and the different
treatment of voluntary return and “plea bargain” necessitated by Sections 25(a) and 25(b) have resulted in
a two stage process of investigation. Sanction of the closure of investigations by the courts in order to
reassure the public that the closure is proper in the circumstances of the case is unlikely to have the
desired effect if public confidence in the lower judiciary stays low, as is the case today.
d. Criminal Trials
When referred to the Accountability Court, the judge draws up charges on the information
contained in the reference. It seems that the accused is brought to court by means of an arrest and,
since the offences under the NAO are “nonbailable”, the accused is detained in custody pending
completion of the trail unless he is granted bail by the High Court. During the tenure of General Aziz,
the NAB on its own had cut down the powers of Section 9(b) and no accused could be arrested
unless ordered by the court or if he is a fugitive or hampering the process of investigation.
The trial may be held in any of the Accountability Courts in the country and by virtue of Section
16(a) of the NAO, the trial is required to be heard from day to day, and disposed off within 30 days.
The conviction rate today is 68% and trials on average are completed with one to two years of time.
The laudable aim of speedy trials seems to have been undermined by the reality of the time it takes to
move from a reference to a decision. Corruption cases in particular become vulnerable through delay.
Special Assistance Apart from the legal wing, a large number of specialists support the NAB’s
operations. Bankers from the NBP (mainly) head the Financial Crime Investigation Wings (FCIW) in the
regions and supervise inquiries and investigations related to financial matters, including willful default, has
compromising weaknesses for NAB as under:
i. Bankers out-rightly favour their respective banks by sharing information and not letting the case
technically proceed against their fellow bankers.
ii. Bankers are neither trained nor have the capacity to handle white-collar crime cases. In contrast,
the NAB investigators receive nine months of initial training, in addition to short-term cadres
and courses and on the job training.
iii. When investigators, who are not familiar with the law, the SOPs, and white-collar crimes, are
placed under the command of a banker to conduct an inquiry or an investigation, it
compromises the command and control element. In reality, investigators (BS-16/17) dictate to
a so-called officer in charge and prepare and guide them for face-to-face briefing on related
cases.
Prevention Committees Regime
 Under the provision of Section 33C, the Chairman, the NAB shall from time to time, as he deems
fit, constitute committees comprising officers from the NAB or other persons or organizations from the
private and public sector to:
i. Examine the law enforcement, and also rules and regulations of various ministries, departments
of the Federal Government or Provincial Government, statutory or other public corporations
and bodies and to recommend amendments in such laws, rules or regulations
ii. Instruct, advise and assist these organizations
iii. Monitor the implementations of the instructions issued
iv. Assess and evaluate the success of other such instructions.
Latest amendments in NAB ordinance
Amendment in National Accountability Bureau (NAB) law, through a presidential ordinance has
shaken things up. The amendment not only clips the powers of the NAB but also provides relief to
disgruntled businessmen, bureaucrats and public office holders giving them a break from alleged
harassment at the hands of the Bureau. This simply means that now NAB, will be able to catch only
politicians most likely unelected people from the opposition parties and no one else unless it has clear
evidence against them. While this amendment is being praised and welcomed mostly by those in the
government, there are many others questioning it.
The NAB law amendments, notified last week, give relief to businessmen who have been
unhappy but will no longer fall in NAB’s jurisdiction. There is some satisfaction also for bureaucrats who
have been hesitant to sign off any major document, including project agreements.
According to the latest amendments, the NAB Ordinance shall no longer apply to matters (of
persons and transactions) pertaining to federal or provincial taxation, levies or imposts. After the
notification of this amendment “all pending inquiries and investigations shall stand transferred to the
respective authorities or departments which administer the relevant laws of taxation, levies or imposts in
question; and all trials shall stand transferred from the relevant accountability courts to the criminal courts
which deal with offences under the respective laws pertaining to taxation, levies or imposts in question.”
The NAB shall also not be able to take any action against any holder of public office, “unless it is
shown that the holder of public office has materially benefitted by gaining an asset or monetary benefit
which is disproportionate to his known sources of income, or where such material benefit cannot be
reasonably accounted for, and there is evidence to corroborate such material benefit.” No action shall be
taken unless there is corroborative evidence of accumulation of any monetary benefit or asset which is
disproportionate to the known sources of income or which cannot be reasonably accounted for.
Another interesting part of this amendment protects public office holders in valuation of (their)
immovable properties. The amendment reads that for the purposes of assessing as to whether a holder of
public office has assets disproportionate to his known sources of income, the value “shall be reckoned
either according to the applicable rate prescribed by the District Collector or the Federal Board of
Revenue, whichever is higher. No evidence contrary to the latter shall be admissible.” The amendment
clearly bars NAB from applying market value rates of those properties of public office holders, which, in
most cases are much higher than these two rates.
An advocate and a former prosecutor for NAB, says these amendments are discriminatory on
account of making exceptions to favour certain communities. However, he defends the amendment
stopping NAB from taking up cases of misuse of authority until criminal intent is proven. Whatever the
intention of the government is in bringing these amendments these are not bad, he opines. Article 248 of
the Constitution already protects high-level public office holders from such proceedings. The amendments
should have been brought through a comprehensive package of changes in the NAB law and should have
included curbing discretionary power of NAB chairman to arrest (or not arrest), and seeking 90 days
remand, giving power to accountability courts to grant bail etc.
It is believed that the changes shall safeguards innocent civil servants and public office holders
by stopping NAB from playing to the gallery. Actually, these changes do not reduce the power of NAB but
put the NAB authority within legal restraint. Regarding relief to business community, tax laws are already
beyond NAB’s jurisdiction and a district level judge is hearing those cases in other courts.

According to 2018 annual performance report of the NAB as many as 60 percent of the cases
were related to the misuse of authority, which, as per new amendments, will be out of NAB jurisdiction.
Media report suggests that out of 1205 cases till 2019 as many as 926 could not be fixed for hearings in
the NAB courts. This means that they remained at a preliminary stage. Besides, as many as 121 cases
have been inactive for several years, which mean that there have been no proceedings on them.
The government is suggesting that the amendments are meant to safeguard the business
community and public office holders both politicians and bureaucrats from unnecessary harassment.
Many contend, however, that these safeguarded classes have a reputation for corruption.

FEDERAL INVESTIGATION AGENCY (FIA)

A Federally controlled police establishment first came into existence in 1942 during the Second
World War to take up investigation of corruption, rampant in Supplies and Procurement Department of the
government of India. It was name as Special Police Establishment. After the independence of 1947, it
was named as Pakistan Special Police Establishment (PSPE). The said Establishment was given
schedule of offences with the ordinance of VIII of 1948. With the passage of time, the PSPE depart from
investigation the offences of bribery and corruption against central government employees, was given
powers to investigate cases relating to the offences under the following laws:-
 Official Secret Act, 1923
 Foreign Exchange Regulation Act, 1947
 Passport (Offences), 1952
 Customs Act, 1959.
The requirements of federal government regarding investigation of criminal offences kept on
increasing and Mr. Gul Ahmad in his report on “Police Reform”, submitted to cabinet on 07-04-1972,
recommended establishment of Federal Police Organization to deal with smuggling, narcotics, currency
Offences, enforcement of laws relating to foreigners, immigration and passports and offences having
inter-provincial ramification. Consequently FIA Act, 1974. (Act VIII-4 of 1975) was promulgated on 13-01-
1975, bringing Federal Investigation Agency into existence. Till now 2004, primarily role was anti-
corruption and white collar crime treating 2004, the government transfer anti-corruption and economic
crime function to the NAB. FIA has been dedicated the lead agency in Anti Human Smuggling and
investigating cases of counterfeit Currency.
FIA’S PROFESSIONAL MANDATE
 Investigation into specialized and organized crime
 Immigration and Anti-Smuggling
 Personal Identification Secure Comparison and Evaluation System(PISCES Computerized
Control and Exit
  Anti-Human Smuggling and Trafficking
 Counter Terrorism(Special Investigation Group)
 Money Laundering( Excluding narcotics and anti-corruption proceed)
 Automated Finger Print Identification System(AFIS)
 Cyber Crime and Plastic Money Fraud
 Intellectual Property Rights(IPR)
 Interpol (National Central Bureau)
 National Criminal Database(NCDB)
 Forensic and Technical Support
 Training and Capacity Building
ORGANIZATIONAL STRUCTURE
The Director-General, generally a very senior Police Officer of BPS 21/22, with his Headquarters
based at Islamabad, acts as head of the Department. In his work he is assisted by three Additional
Director-Generals and ten Directors for effective monitoring and smooth functioning
Six Directors assist the Director-General at Headquarters in controlling the Functional Wings of
Administration, Crime, Immigration and Anti-Human Smuggling, PISCES, SIG and Technical Assistance.
Five Directors supervise the zones of Lahore, Karachi, Peshawar, Quetta and Islamabad.
WINGS
FIA has the following wings which perform different operation
 Anti-Corruption Wing
 Economic Crime Wing
 Counter Terrorism Wing
 Immigration Wing
 Anti-Human Trafficking and Smuggling
 Technical Wing
 Interpol
 Electricity, Gas, Oil Anti-theft Unit
 IPR Branch
 Legal Branch
 FIA Academy
Anti-corruption Wing
Anti-Corruption and Economic Crime Wing of FIA transferred to National Accountability Bureau
(NAB) on 16.08.2004 have been restored vide notification dated 24.10.2008. The Anti-Corruption Wing is
an important part of FIA, which deals with organized crimes other than terrorism and human trafficking.
This wing is headed by a senior police officer as Additional Director General at the HQ who is responsible
for assisting the Director General and coordinating operations of the zonal directors.
Functions of Anti-Corruption Wing
a. Anti-Corruption
b. Spurious Drugs
c. Counterfeit Currencies
d. PPC and other Special Laws
e. Important Cases of ACW
Spurious Drugs
The illicit trade of production/ supply, distribution, and sale of drugs are posing a serious threat to
the lives of the innocent citizens and has serious ramifications such as:
 Loss of Government revenue/ tax evasion
 Undermines Government health agendas and regulatory regimes
 Undermines legitimate trade and commerce
 Defrauds the consumers and health industry
 Erodes corporate investment and productivity
 Encourages organized crime
FIA’s crime wing has taken up the challenge to eradicate the illicit trade in drugs and has
recovered spurious drugs valuing over Rs.416 million and seized eight illegal manufacturing units. Special
drug units have been established in the provincial headquarters. The FIA has registered 67 cases in the
years 2005 & 2006.
Counterfeit Currencies
The increasing instances of counterfeiting of currency in various parts of the country hold serious
repercussions for the national economy. FIA crime wing is responsible to deal with the currency
counterfeiting. A task force is working led by the Governor, State Bank of Pakistan and the FIA is a
member thereof. The FIA is maintaining a database of all the culprits of counterfeit currency cases across
the country. The FIA coordinates with the provincial/ local law enforcement agencies in cases registered
in their jurisdictions.
Economic Crime Wing (ECW)
The Anti-Corruption and Economic Crime Wing of FIA transferred to National Accountability
Bureau (NAB) on 16.08.2004 have been restored vide notification dated 24.10.2008. The Anti-Corruption
and Economic Crime Wing of FIA transferred to National Accountability Bureau (NAB) on 16.08.2004
have been restored vide notification dated 24.10.2008.
Counter Terrorism Wing (CTW)
In 2003 Federal Government assigned Counter Terrorism role to FIA. Hence CTW formerly SIG
was formally established in May 2003. CTW Officers were provided extensive training and some
equipment by US government, Anti Terrorism Assistance Program, in the area of crime scene analysis,
computer forensic analysis, cyber terrorism, terrorist financing investigations and post blast explosives
analysis etc.
CTW Vision
 To identify arrest and prosecute Most Wanted Terrorists and to become a centre of excellence for
specialized counter terrorist investigations.
Counter Terrorism Functions of CTW
 Identify and arrest most wanted terrorist.
 Detect & investigate terrorist financing/money laundering cases.
 Crime Scene & Explosive analysis of major terrorist incidents. ›Detect, seize and prosecute
hate material.
 Computer / Cell Phones forensic analysis and Cyber Terrorism Investigations.
 Prepare Terrorist Incident Analysis and Threat Assessment Reports for Federal Govt.
 Build a National Database of terrorist entities.
 Training courses for Police Departments.
 Crime Scene & Explosive analysis of major terrorist incidents.
 Cyber Investigation Unit (CIU) and Computer Forensics Lab.
CIU consist of 05 IT Experts which are highly trained to investigate Cyber Terrorism
enquiries/cases and conduct Computer/Cell phone Forensics. Govt. of Pakistan has notified SIG
computer forensics lab as first notified lab for the purpose of electronic forensic and the SIG IT experts
appear as Forensic Experts in courts. So far SIG forensic experts have conducted over 100 forensic
analysis for different police departments. CIU has also developed the following software
 Terrorists Information System (TIS)
 Terrorist Incident Analysis (TIA)
 Case Monitoring System (CMS)
 Personnel Record Database (PERREC)
 Human Trafficker Information System
 Terrorist Financing Investigation Unit (TFIU)
A TFIU has so far successfully conducted 61 enquires on request of Interpol, FMU and
International partners. Facilitates Investigation and Prosecution of cases in courts of law. Provides
training to Financial Investigators and has developed SOPs for TF Investigations. FIE liaisons with
Financial Monitoring Unit (FMU/FIU), State Bank of Pakistan, Commercial Banks, Financial Institutions.
Analysis and monitoring of implementation of rules and regulations pertaining to terrorist
financing.Represents SIG / FIA on various national and international forums for supporting efforts to
combat money laundering & terrorist financing.
Immigration Wing (IW)
Combat human trafficking activities and resist illegal immigration in Pakistan
Technical Wing (TW)
Tasked to make efforts to protect Pakistan against foreign intelligence operations and espionage
as well as using scientific assistance to resolve high-technology crimes.
Legal Branch (LB)
Responsible to provide legal guidance in all administrative and operational matters as well as
protect civil rights.
National Central Bureau (NCB)
To combat transnational/national criminal organizations and enterprises with assistance from Interpol and
FBI.
Anti-Human Trafficking Unit (ATU)
Tasked to combat major violent crimes, to ensure country-wide coverage of human trafficking, as
well as to prevent and protect the victims of trafficking
Intellectual Property Rights Branch (IPR)
Modern world is confronted with five wars of globalization
 Illicit market for
 Arms
 Drugs
 Money
 Human beings
 Intellectual Property
“Right to own property is recognized by every socio political and economic system of the world.
Ownership of the property is a fundamental right in all systems of justice. Every system provides different
types of warranty to ensure peaceful possession of property, tangible and intangible.”
“Intellectual Property includes a patent, industrial design, layout design of integrated circuits,
copyright and related rights, service mark, trade mark, trade name, undisclosed information or trade
secrets, traditional knowledge, geographical indications, technical know-how and ideas for new products
and markets, including the commercial information about customer or any combination thereof”
The international trade community adopted number of measures in order to curtail the violations
of Intellectual Property Rights across the world. These IP initiatives are led by the World Intellectual
Property Organization (WIPO) and also involve the World Trade Organization (WTO) Convention on IP
rights. The WTO agreement, covers IP issues i.e. Trade Related Aspects of Intellectual Property Rights
(TRIPS). IPR violation is a barrier to foreign direct investment in Pakistan
Functions of IPO-Pakistan
The Intellectual Property Organization of Pakistan (IPO-Pakistan) was established as an
autonomous body on 8th April, 2005 under the administrative control of the Cabinet Division for integrated
and efficient intellectual property management in the country, The Trade Marks Registry, Copyright Office
and Patent & Design Office became part of the Organization, inter alia, includes. Administer and
coordinate all Government systems for protection and strengthening of Intellectual Property (IP)
 Manage all IP offices in the county.
 Create awareness about IP Rights.
 Advise Federal Government on IP Policy.
 Ensure effective enforcement of IP rights through designated IPR Enforcement Agencies
(Police, FIA and Pakistan Customs)
Names of concerned courts of IPR cases
The concerned courts of IPR cases are Special Judge (Central), Senior Civil Judge, Civil Judge,
Judicial Magistrate and Illaqa Magistrate of the concerned districts.
Government’s Resolve
a. Combating IPR crimes for the purpose of developing the local industries is one of the priorities set
out by the Government of Pakistan
b. As a first step, IPO-Pakistan was created under Intellectual Property Rights Ordinance 2005.
c. Copy Right Ordinance 1962 was placed on the Schedule of FIA.
d. Enforcement of IPR Laws became essential.
ANTI-NARCOTICS FORCE (ANF)
The Anti-Narcotics Force is a federal executive bureau of the Government of Pakistan, tasked
with combating the narcotics smuggling and use within Pakistan. Due to misconception on Section 4 of
ANF ACT 1997, the force’s head consisted the active-duty general officer of Pakistan Army. Although the
law prescribes that any competent person may be appointed as Director General. The ANF also has sole
responsibility for coordinating and pursuing Pakistan narcotics investigations abroad.
The ANF is a civil law enforcement agency and its members are conferred powers of Police
officers and thus governed by the Police order 2002, currently in force. Currently, because the
administration includes only military personal not acquainted with civil laws or court procedures, the
bureau has the highest dropout rates of employees of all the Government departments.
The Eighteenth amendment in the Constitution of Pakistan 1973 also has abolished the
dangerous drugs topic from the concurrent list and hence the legal existence of Anti Narcotics Force at
the Federal Level in under debate and consideration to be devolved to the Provincial setups.
ANF’s Charter of Duty
Anti Norcotics Force is responsible to perform the following
Supply Reduction
Limiting the smuggling trafficking and distribution of Narcotics Coordinating eradication of opium
poppy Ensuring no heroin lab becomes functional Inquire/Investigate assets of drug barons Pursuing
Legal cases relentlessly
‘Demand Reduction’
Reducing the demand of illicit drugs through preventive education, treatment and rehabilitation as
well as harm reduction programmes
Coordination Liaison at National and International Level
Enhancing international co-operation in the fight against drugs and liaison with the United Nations
Office on Drugs and Crime, International Narcotics Control Board, International Police, Narcotics Affairs
Section (US Embassy), Drugs Enforcement Agency, Foreign Anti Narcotics Community, Drug Liaison
Officers etc.
International Obligations
Pakistan has ratified the following United Nations (UN) Conventions and regional bilateral
treaties:
 Single Convention on Narcotic Drugs 1961 as amended by the 1972 Protocol.
 United Nations (UN) Convention on Psychotropic Substances 1971.
 United Nations(UN) Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic
Substances 1988 and subsequent United Natrions (UN) resolutions, in particular the United
Nations (UN) General Assembly s 20th Special Session Resolution S-20/4B.
  South Asian Association for Regional Cooperation (SAARC) Convention on Narcotic Drugs and
Psychotropic Substances 1990.
 Protocol on Drug Matters with Economic Cooperation Organization (ECO) Countries.
Pakistan s International Initiatives
 Pakistan hosted the Six Plus Two technical level meeting at Islamabad on 13–14 September
2001. The meeting was co-sponsored by Anti Norcotics Force (ANF), Narcotics Affairs Section
(NAS) and United Nations Drug Control Programme (UNDCP).
 Gulf Cooperation meeting was held in Islamabad in April 2004 due to Pakistan s efforts
 Paris Pact Expert Round table Conference was held in Islamabad in April 2005 again die to the
devoted and untiring efforts of Pakistan
Drug free society: ‘Regional cooperation key to combat trafficking’
Drug trafficking and abuse affects 243 million people globally and can only be countered
through concerted effort and mutual cooperation. Recognizing ANF’s recent achievements and
contributions to the international fight against drug trafficking, Mr Cesar Guedes reiterated UNODC’s
resolve in closely working with Pakistan. “We look forward to our continuing efforts to address the
challenges of drug trafficking, through all available means of international support,”MrGuedes said.
Thanking the Canadian High Commission and UNODC Pakistan for the assistance, Brig Adnan
Azim re-affirmed ANF’s commitment in combating the menace of drug trafficking in Balochistan. “The
ANF’s operational staff is gaining enormous technical advantage due to the equipment and inter-agency
specialist training courses being provided by UNODC,” he stated. The equipment has been supplied by
UNODC as part of its Pakistan Country Programme (2010-2015) which has been co-funded by the
Government of Canada.
How can we make a drug free society?
The following steps can be useful for drugs free society
1. Conducting research and studies to analyze the drug abuse problem and risk factors.
2. Policy formulation.
3. Encouraging citizens to strive for drug free communities.
4. Advocating abstinence-based drug education in our educational institutions and teaching children
healthy alternatives to drug use.
5. Educating employers about the dangers of illicit drug use in workplaces.
6. Employees assessment program (EAP).
7. Promoting Life skills trainings.
8. Educating community about drug abuse prevention.
9. Promoting cooperation between national and international organizations and Governments.
10. Consultancy and Certification.
ANF’s Role in Fighting the Menace of Drugs
All over the world, millions of people are drug addicts due to various reasons like, depression,
injustice, bad company, poverty and lust of becoming rich through shortcuts. Some of the people involve
themselves in drug trafficking and do not even care about the strictness of the respective country’s laws.
Such people ultimately proceed to heaven as a result of extensive usages of drugs or courts’
awards. According to UN Office on Drugs and Crime (UNODC) nearly 200 million people are using illicit
drugs such as cocaine, cannabis, hallucinogens, opiates and sedative hypnotics worldwide. UNODC with
help of local forces has, over the years, been actively involved in launching campaigns to mobilize
support for drug control.
 In this regards, the joint action teams comprises of the local agencies and UN representatives
encourages people in society to actively take part in these campaigns. It is pertinent to mention that 40%
of total narcotics and drugs produced in Afghanistan are trafficked through Southern Route (Pakistan)
while 25% are trafficked through Northern Route i.e. Central Asian Republics (CARs). The earned money
is also being used in fomenting regional terrorism.
The world community In December 1987 through UN General Assembly has decided to observe
June 26 as the International Day against Drug Abuse and Illicit Trafficking. In this regard, objective has
been set for the member’s countries to make efforts to create an international society free of drug abuse.
This resolution recommended further action with regard to the report and conclusions of the 1987
International Conference on Drug Abuse and Illicit Trafficking. The general assembly has also decided
that to address drug issue politically since criminals of many countries involved in drug business.
Due to the regional dynamic, Pakistan remained very prostrate to drugs mafia since its inception
and as result of poor security environment due to Afghan crises. Therefore, being a responsible nation,
our government has raised Anti Narcotics Force (ANF) in 1995 by combining Anti Narcotics Task Force
(ANTF) and Pakistan Narcotics Control Board (PNCB).
Notably, Pakistan Narcotics Board (PNB) was set up in 1957, in the Revenue Division in order to
fulfill Pakistan’s obligations under the International Opium Convention of 1925. Pakistan Narcotics Board
(PNB) comprised representatives from the Provincial Governments and some Federal Ministries and
Divisions. Pakistan ratified the Single Convention on Narcotics Drugs, 1961 on 15th August, 1965. With a
view to meet its obligations under the said Convention, the Government of Pakistan, through a declaration
of 8 March, 1973, reorganized the PNB as Pakistan Narcotics Control Board (PNCB). The Anti Narcotics
Task Force (ANTF) was established in December 1991. In February 1995 ex PNCB and ANTF were
amalgamated to constitute the Anti Narcotics Force. The operational strength of ANF is just 1,974. On
average, one person seized over 126 kgs contrabands in 2013.
The ANF draws strength from local laws, UN Conventions against illicit Trafficking in Narcotic
Drugs 1961, UN Conventions against illicit Trafficking in Narcotic Drugs and Psychotropic Substances
1971 and 1988 and Memorandum of Understanding (MoUs) Pakistan has signed MoUs with 30 Countries
for fighting the menace of drugs.
ANF undertakes counter narcotics activities in Pakistan and complement regional and
international counter narcotics efforts of various countries. It is responsible to cover the entire country i.e.
Apart from many unfrequented routes, 7 major border entries and exit points, 13 airports, 3 sea and 17
dry ports. ANF areas of operation not restricted to some specific zone, it covers border with neighboring
states; with Afghanistan. 2538 kms that include KPK 1315 kms & Balochistan 1223 kms, on Iran side
covering 909 kms with Balochistan, on eastern side with India guard 1600Kms and all along coastal belt
which is 1062 kms in length. In this context the entire area of responsibility, of ANF has five Regional
Directorates with 25 Police Stations (PSs).
From 1998–2013, ANF is made hectic efforts from 1998 to create awareness against drug abuse
and encourage community participation in anti-drug campaign. The force has also established treatment
and rehabilitation centers in various parts of the country. In this connection, four hospitals in Quetta,
Islamabad, Kalri Karachi, and one Detoxification Centre Adyala Jail – Rawalpindi have been established
from 2000-2014.
These contributions of ANF really produced excellent results through effective monitoring and
evaluation mechanism. In this regard institutions like National Anti-Narcotics Council (NANC), National
Narcotics Control Committee (NNCC), and Senate Standing Committee on Interior & Narcotics Control,
National Assembly Standing Committee on Interior & Narcotics Control, Inter Agency Task Force (IATF),
Planning and Monitoring Unit (PMU) closely watch and ensure the implementation of National ANF Policy
 ANF being the lead agency to control and eradicate drugs from the country has three fold
strategies, which includes supply reduction, demand reduction and co-ordination at national and
international levels. The Supply Reduction Strategy Includes dismantling of drug trafficking networks,
limiting the smuggling, trafficking and distribution of Narcotics in the country and strict control on
movements of Precursor Chemicals through an elaborated precursor control regime.
The Demand Reduction Strategy includes reducing the demand of illicit drugs through awareness
programmes, preventive education, treatment and rehabilitation programmes.
International Cooperation Strategy includes enhancing international cooperation in fight against
drugs by maintaining liaison with all national and international narcotics control authorities such as
UNODC, International Narcotics Control Board (INCB), Interpol, Drug Enforcement Agency (US), Serious
Organized Crime Agency (UK) etc. ANF also represents Pakistan in international conferences, seminars
& workshops as lead Anti-Narcotics Agency.
To implement the strategies in true letter and spirit, ANF has prepared “Drug Abuse Control
Master Plan 2010-14”. In this regard, the force achieved tremendous results with regards to seizing,
arresting smugglers and assisting drugs addicted in their rehabilitation phases.
During seizing operation ANF arrested 45 foreigners who were involved in drugs trafficking. In
year 2013 the force employees displayed greater sense of responsibility while making significant dent in
major drug trafficking organizations by apprehending important members of these networks. The number
of drug cases registered remained almost the same (693 in 2012 and 692 in 2013) however number of
drug traffickers arrested was 10.2% higher than 2012. The total numbers of persons arrested in 2013
were 796 as compared to 722 in 2012.
On timely and real-time information sharing by ANF in 2013, six countries of the world have
seized 362 kgs of heroin, 15 kgs of cocaine, 15 kgs Crystal and 5100 Diazepam tablets as compared to
only 139.926 Heroin and 9.3 kg Hashish in 2012.
International Controlled Delivery (ICD) Operations initiated by ANF resulted into seizure of 50 kg
heroin, 3000 Kg hashish and 1000 kg Cocaine in different parts of the world in the year in question, far
greater than the 2012 statistics of ICD operations when the seizure of heroin was 30.84 kgs. Number of
foreigners arrested inside Pakistan also rose from 42 in 2012 to 47 in 2013. ANF also assisted 26 other
international drug law enforcement agencies of the world in 2,040 various international enquiries in 2013
as compared to 914 enquiries in 2012 – a marvelous 123% increase from the cooperation in 2012.
During year 2013 the ANF destroyed Hashish 83456.49 Kgs, Opium 26452.96 Kgs, Heroin
10911.79 Kgs, Morphine 4958.52 Kgs, Ephedrine 24.90 Kgs, Cocaine 0.098 Kgs, Morphine Injections
16204 Nos, and Acetic Anhydride 479.95 litres.
The major operation has been launched poppy cultivation zones of Pakistan where worth millions
of rupees poppy crops have been destroyed. Whereas, in Afghanistan the production of poppy and drug
trafficking have been remained very high. According to current research of “The Afghanistan Research
and Evaluation Unit’s (AREU)” 36 percent reported increase in 2012-13 follows the 18 percent increase
between 2010-11 and 2011-12, and has produced what the United Nations Office on Drugs and Crime
(UNODC) calls a “sobering” record high level.
In short, Anti Narcotics Force of Pakistan is a multi-faceted force, recognized internationally for
being professional, and has shown excellence in every mandated task in the last year. Led by
professionals and owned by its dedicated members, Anti Narcotics Force, no doubt, stands prominent
amongst world’s leading drug law enforcement agencies. The credit goes to each and every member of
the force working in whatever capacity, fighting the menace of drugs wholeheartedly throughout the year
and making year 2013 a huge success. At the end the country benefited, the world benefited, the
mankind benefited!