Lecture 1

WHAT IS CRIMINOLOGY?
The word criminology is composite of two words: Criminal and logy. It means a systematic study of the
criminals, that is, persons who break or offend the social or group law. Theorists believe that the word
criminology was coined in 1889 by a Frenchman, Paul Topinard, to describe the study of criminal body
types within the field of anthropology.
Criminology is the scientific study of several different aspects of crime:
1. The nature and extent of crime.
2. The causes of crime.
3. The consequences of crime.
4. Reactions to crime.
5. The prevention of crime
CRIMINOLOGY: AN OBJECT SCIENCE
The idea here is that there are many different sciences that study crime. So, crime is the object of study
across those different sciences. Criminology is very diverse because people look at crime from very
different perspectives. For example, lawyers, sociologists, economists, biologists, anthropologists,
psychiatrists, psychologists, philosophers, political scientists, and historians have all contributed to
criminology. But they all come from their own background and have different views on crime, methods,
and theoretical perspectives. Some people feel that this creates problems for criminology because it’s very
difficult to create a sort of integrative framework. But others think that it makes criminology so
interesting because it’s so multidisciplinary.
HOW DIFFERENT DISCIPLINES LOOK AT CRIME:

 When looking at crime from a law perspective, it deals more normatively with the conditions under
which punishment may be imposed.

 Sociology is about groups and social relationships and how crime happens within these relationships,
for example in youth groups.

 Psychology is all about human behavior and experiences.

 Biology is about the natural basic conditions of life.

 Economics looks for example at the costs and benefits of criminal behavior.

 History deals with questions like: What is the course of crime over the past centuries? How did
people deal with offenses in the past? Have there been any changes in what is considered a crime?
DEFINITIONS OF CRIMINOLOGY

 According to an eminent sociologist Sutherland, “Criminology is the body of knowledge regarding

crime as a social phenomenon.” This definition exhibits sociological bias and regards crime to be a
reaction to a certain set of social factors and causes.

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 According to an eminent criminologist Elliot, “Criminology may be defined as the scientific study of
crime and its treatment.” This definition, besides emphasizing the scientific investigation into the
nature and etiology of crime, stresses the practical or utilitarian nature of this body of knowledge,
namely, devising ways and means to prevent or reduce the incidence of crime and rehabilitate
criminals as normal members of the society.

 According to renowned criminologist D. R. Taft, “Criminology is the study which includes all the
subject matter necessary to understanding and prevention of crimes together with the punishment and
treatment of delinquents and criminals.” This is a comprehensive definition and describes theoretical
as well as practical aspects of the study. It brings out clearly the fact, which may get overlooked
usually, that criminology is concerned not with the offenses committed by adults only but also deals
with juvenile offenses.
NATURE OF CRIMINOLOGY
The meaning and description of criminology make abundantly explicit and clear the nature of this
science. Fundamentally speaking, the task of criminology is scientific, systematic, statistical, structural,
and functional.
Criminology is inter-disciplinary: Criminology is concerned with the scientific and systematic study of
crime. It is essentially a multi-disciplinary study. It involves knowledge derived from a number of other
fields of knowledge including the natural sciences, social sciences and law in general, and biology,
physics, chemistry, mathematics (especially statistics and number theory), information technology (IT),
psychology, philosophy, sociology, gender studies, anthropology, law, etc. in particular.
Relativity of Criminology: Not all scholars agree on what the main focus of criminology should be.
While some try to explain crime as a sociological problem, others explain it as a psychological or even as
a biological problem although the mainstream narrative has converged to the sociological interpretation of
crime. The problem is exacerbated because not all agree on what crime is. Due to this, there is a
controversy about whether criminology is a science or not. While there can be competing views, the fact
of the matter remains that due to the employment of the scientific method, it is as much of a science as
any other subject, even if what it studies is not universally agreed upon.
Scientific Endeavour to Explain Crime: It is scientific in nature in so far as it employs the two essential
components of science: the theoretical and methodological branches. The theoretical branch deals with
the “why” of crime, criminalization, etc while the methodological branch deals with how the study of
crime is conducted i.e. the scientific method. In this regard, there are two schools of thought:

 Creative and Imaginative Scientism: This school focuses on coming up with theories that are then
tested through observations thereby making observations subservient to a theory that requires
imagination and creativity to come up with.
 Empirical Scientism: This school has elevated observations and methods above theory contributing
to what the school looks at as the demise of a criminological imagination.
Evolving/Dynamic Field of Knowledge: It is not the case that criminology’s method and theory are
fixed in time or limited in scope. With time, new methods have been employed and new issues have been
added to the field, giving rise to new concepts and new theories. For example, during the Enlightenment
era, when the general world view became more anthropocentric, the notion of free will gave rise to
classical criminology. As Darwinian and other biological ideas such as genetics came into vogue, not at
least due to technological advances, biological explanations of crime arose within criminology. The

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advent and contagion of IT gave rise to the notion of cybercrime. Along with this, the importance of
sociological forces came to be better appreciated and this led to a shift from retributive and deterrent
punishments to rehabilitative efforts.
Important for the Society: Among the basic social values that the state is supposed to guarantee are
security, law, order, justice, and welfare. Criminology helps do this as it helps understand the nature of
crime and its causation better and thus has impacts on policy. Eugenics movement for example led to the
advice of not allowing those to marry who could pass on genes associated with criminality. Social
disorganization theory led to the advent of broken windows policing, and so on.
SCOPE OF CRIMINOLOGY
Anything that helps understanding crime and criminals, and helps in the prevention, control, and
elimination of crime is within the scope of criminology. Over time as the understanding of human nature
and what shapes decisions and actions of human beings has evolved, so has the scope of criminology.
Broadly, however, the scope of criminology can be divided into 3 parts:

 Theoretical criminology
 Applied criminology
 Criminalistics
Theoretical Criminology:
This includes all the areas that criminologists study and for this reason, it is also called pure criminology.
It involves a number of areas of study:

 Criminal Statistics and Research Methodology: This involves devising valid and reliable measures
to calculate and analyze the amount and trends of criminal activity over a particular space during a
certain time period. This is important especially for accuracy.

 Criminal Anthropology: This is the study of criminality in relation to the physical appearance or
constitution of human beings. It is an early positivist approach to the study of crime based on the
works of Cesare Lombroso.

 Criminal Sociology: The study of the relationship between crime, criminality, and social factors. It
also includes the study of the sociology of law.

 Criminal Psychology: It is the study of all the mental or psychological functions such as motives,
emotions, thoughts, and reactions involved in criminal behavior.

 Criminal Psychiatry: Although this is linked to some extent to criminal psychology, it is not the
same. This field of knowledge requires extensive knowledge of medicine and criminal law.

 Criminal Ecology: This school tries to view crime as a function of some core characteristics of the
ecological neighborhood. Thus crime is seen by this theory in relation to the characteristics of
location instead of characteristics of individuals.

 Criminal Psycho-Neuro-Pathology: This field studies the linkages between the psychological,
biological, and chemical make-up of human beings and their relation to crime, as it assumes that
human beings are little more than bags of chemicals and their actions are largely dictated by the
interplay of various neurotransmitters and hormones that their bodies produce. One of the proponents

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 of such hard determinism is Sam Smith although his work is not limited to criminal behavior, but
involves behavior in general.

 Forensic Epidemiology: This branch combines the fields of epidemiology (the study of distribution
and determinants of health and disease conditions in a given population) and law enforcement
information regarding the goals, objectives, and activities of certain criminal organizations.

 Penology and Social Control: This is the scientific study of the correction and control of criminal
behavior so as to judge the effectiveness of offender treatment programs such as prisons, probation,
parole, non-punitive measures, etc.

 Victimology: This branch involves the study of the critical role of the victim in precipitating the
crime. Before the studies of Hans von Hentig and Stephen Schafer, the victim was assumed to be the
helpless bystander. But it was found that those who indulged in high-risk life style were more likely
to be victims.

 Criminal Behaviour Systems and Crime Typologies: In this case, instead of studying crime in
general, specific types of crimes are studied and theories about them are derived. Determining the
nature and cause of white-collar crime or of money laundering are examples of this.

 Theory Construction and Testing: A social theory can be defined as a set of interrelated statements
that explain certain aspects of social life. Theories are usually arrived at through the scientific
method. A criminologist puts forward a theory that explains some behavior of human beings. Then
he/she comes up with hypotheses that can be derived from that theory. He then tests the hypotheses
using some valid and reliable empirical research methods.
Applied Criminology
According to Canton and Yates, applied criminology deals with three principle questions:
a. What is to be done about offenders?
b. What is to be done about crime?
c. What is to be done on behalf of the victims of crime?
While theoretical criminology involves the study of various branches, applied criminology involves not
just an analytical study of criminal statistics so as to deduce the linkages of both the nature of crime and
criminal patterns to criminological theories, but also an understanding of the criminal justice system and
factors affecting it so that efficacious solutions can be formulated with regards to current crime problems.
Thus, the process of understanding the practical implications of a theory and the strengths and
weaknesses of the criminal justice system in order to come up with policies that help reduce or eliminate
crime, and coming up with such policies is called applied criminology.
Criminalistics
It is defined as the application of scientific principles to the recognition, collection, identification, and
comparison of physical evidence generated by criminal or illegal activity – in essence, the analysis of
physical evidence related to a crime scene. Thus, while the focus of theoretical and applied criminology
is on what can be called efforts for crime prevention, criminalistics (aka forensics) comes into play only
after the crime has occurred.
UNDERSTANDING CRIMINOLOGY: BASIC IDEAS

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WHAT IS CRIME?
The basic notion of criminology as the study of crime leaves an important question unanswered: what is a
crime? Similarly, the idea that criminology is the study of the process of making laws, breaking laws, and
the reaction to the breaking of laws also leaves one exposed to both definitions, wondering about the
relationship between crime and law. The link between crime and law established implicitly by these
definitions when considered simultaneously however is limited and a deeper understanding of crime and
its relationship with the law is required.
Just as criminologists do not agree on the exact nature of criminology, they disagree on the fundamental
idea of crime. Over time, various views have evolved so as to explain what crime is and it is essentially
because of the different ideas about crime and its nature that criminologists disagree on what the nature of
criminology and its main focus should be. Today, three primary views on crime dominate criminology:
The Consensus (Legalistic) View: The final definition of crime according to this view may be as
follows: “a human conduct or omission that violates the criminal laws of a jurisdiction (state/society) that
has the power to make laws and enforce them, and that is punishable by that jurisdiction according to the
criminal laws.” From this definition, three principles can be seen:

 Laws are based on agreed-upon and well-established social norms and values.
 It is the law that decides which action is a crime and which action is not.
 Crime has to be “punishable” and not necessarily “punished” by the law
The Conflict (Critical) View: This view looks at the society as being an amalgam of diverse groups such
as business owners, workers, feudal lords, peasants, professionals, students, etc. with the interests of these
groups being in conflict with each other. Groups that are powerful, often use their political influence or
direct political power to use the law and other institutions of the state and society to their advantage.
According to this view, criminal law is shaped by these powerful interests and it is therefore not the
norms of the society but the interests of these groups that are formalized or institutionalized in the
criminal law at the expense of the interests of the less powerful groups that exist lower in the vertical
social hierarchy i.e. the criminal laws are designed to protect the haves from the have-nots.
The Interactionist (Constructivist) View: According to this view, there is no objective reality.
Everything including people and events is viewed subjectively and the way they are perceived (good or
bad, beneficial or harmful, etc.) depends on a number of factors: the environment/context, the evaluator
(one making the evaluation), social norms which also vary from time to time and from place to place, and
so on. One person committing a crime may be sentenced to 10 years while another person committing the
same crime may be deemed to be remorseful and unlikely to commit the crime again and is therefore
sentenced not to prison but for probation. Definition of crime reflects the opinions and evaluations of
those who hold social power in a particular legal jurisdiction.
What is Criminal Law?
Criminal law can be understood simply as a system of rules and regulations concerned with the
punishment of offenders. “The term ‘criminal law’ can therefore be defined as a body of rules regarding
human conduct which have been promulgated by a political authority and which apply uniformly to all
members of the classes of people to which the rules refer and are enforced by punishment administered by
the state”.
Characteristics of Criminal Law

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 Human Behavior: The rules must be about human behavior and conduct.
 Political: This entails that the rules must be enforced by a political authority.
 Specificity: Provisions of criminal law have to be given in specific terms.
 Uniformity: This is usually translated into equality before the law.
 Penal Sanction (Punishment): It is not sufficient to prohibit an action that is seen to be harmful to
society. For the prohibition to be effective, it must carry the threat of punishment with it and for the
threat to be effective,
SIN/DEVIANCE/VICE
Any behavior that is in line with the norms of a society is said to conform to the social norms while any
behavior that deviates from the standardized behavior is considered to be deviant. Every being and
everything has a purpose in this life to fulfill which that being or thing must also possess the qualities or
habits that facilitate its fulfillment. Such qualities and habits that allow this are called virtues and such
that prevent this are called vices. Sin can then be defined and understood as the intentional breaking of or
disregard of Divine commandment.
Lecture 2
First Slide remains
POSITIVIST SCHOOL OF THOUGHT
Individual positivism:

 Crime is caused by individual abnormality or pathology.

 Crime is viewed as a biological, psychiatric, personality or learning deficiency.
 Behaviour is determined by constitutional, genetic, or personality factors.
 Crime is a violation of the moral consensus surrounding legal codes.
 Crime varies with temperament, personality, and degree of ‘adequate’ socialization.
 Criminals can be treated via medicine, therapy, and re-socialization, and the condition of the majority
is thus cured.
 Crime is an abnormal individual condition
Sociological positivism

 Crime is caused by social pathology

 Crime is viewed as a product of dysfunctions in social, economic, and political conditions.
 Behaviour is determined by social conditions and structures.
 Crime is a violation of a collective conscience.
 Crime varies from region to region depending on economic and political milieux.
 Crime can be treated via programs of social reform, but never completely eradicated.
 Crime is a normal social fact, but certain rates of crime are dysfunctional.
Part of Lecture 2 remains
Lecture 3
JUVENILE DELINQUENCY

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 Delinquency is derived from a Latin word, “ deliquere ” meaning “to leave or to abandon”.
Delinquent means one who violates the social laws. A juvenile is usually defined as one who is under
18.
 Bock and Goode: There is general agreement that behavior, including antisocial and delinquent
behavior, is the result of a complex interplay of individual biological and genetic factors and
environmental factors, starting during fetal development and continuing throughout life.
 MERIAM WEBSTER: Juvenline delinquency is the behavior of a minor child that is marked by
criminal activities, persistent antisocial behavior, or disobedience which the child’s parents are unable
to control.
 WALTER RECKLESS: The term juvenile delinquency is applied to the violation of the criminal
code and pursuit of certain behaviors disapproved of by children and young adolescents.
 MOFFITT: According to the developmental research of Moffitt (2006). There are two different types
of offenders that emerge in adolescence. One is the repeat offender, referred to as the life-course-
persistent offender, who begins offending or showing antisocial/aggressive behavior in adolescence
(or even in childhood) and continues into adulthood; and the age-specific offender, referred to as the
adolescence limited offender, for whom juvenile offending or delinquency begins and ends during
their period of adolescence.
JUVENILE DELINQUENT VS STATUS OFFENDER
Similarities:

 They are committed by persons under the legal age of eighteen years.
 A status offender and a juvenile delinquent are both minors and cannot be subjected to the adult
justice system
 Another similarity is that in terms of punishment they cannot be treated the same as adult offenders.
 Their sentence is different and they cannot be subjected to the same conditions as adult criminals.
Differences:

 A status offense is behavior when found in adults is not considered as a crime, but in children, it is a
form of crime. Such behaviors include running away, alcohol consumption, etc.
 Juvenile delinquency, on the contrary, is a behavior conducted by minors that constitute a crime as far
as the justice system is concerned. Such behaviors are forms of crime whether conducted by adults or
children
 Another difference is that status offenders might copy some adult behaviors with little or no
knowledge that they are illegal. This makes them criminals without their knowledge. For instance, a
child may notice that most people in the localities are drunkards and walk freely. Therefore, the child
may start consuming alcohol drinking is right to do so since everybody else is doing it
 Juvenile delinquent, on the contrary, involves developed criminal minds and children associated with
crimes have full knowledge of what they are doing as well as the consequences thereof.
Islamic Perspective on Juvenile Delinquency

 “Islamic jurisprudence clearly distinguishes between a juvenile’s offence and an adult’s crime”.
(Khan 1986)
 It postulates the distinction between crime and delinquency in the light of Islamic principles.

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ABU DAWOOD (HADITH NO. 4403): According to Prophet Mohammad (PBUH), three categories of
persons are immune from the operation of law;
1. A sleeping person until he is awake;
2. A minor until he/she is minor;
3. A lunatic until he is insane.
In the conventional approach, a person under the age of 18 is considered a child. On the other hand, there
are two ways of determining buloogh (maturity/puberty):
1. Physical maturity
2. Maturity by age
MAJOR CAUSES OF JUVENILE DELINQUENCY
SOCIAL FACTORS: Social factors mean socialization which comprises all those things which have
direct influenc on an individual when he lives within a group. A child picks up delinquent actions during
the socialization development.
PSYCHOLOGICAL FACTORS: These reasons are regularly linked to the individual himself, where
his mind provides him the orders that how to act and what to do if a certain condition develops. It
embraces those causes which are purely connected to the individual mind as the following can be said as
the psychological factors of juvenile delinquency.
ECONOMIC FACTORS: Though economic causes are less accountable for juvenile delinquency, it
plays some role in juvenile delinquency. If a child feels that he has no food to eat, and his ego is about to
be tainted in the society, and his neighborhood is charming, the teenager can feel the idea to get wealthy.
So most of the time he chooses the wrong way because it is impossible to be wealthy in a short time. In
this condition, the person joins the gang group and becomes delinquent.
THEORETICAL PERSPECTIVES ON JUVENILE DELINQUENCY
Social Disorganization Theory: Developed by Clifford Shaw and McKay Henry in Chicago school,
this theory closely relates juvenile delinquency to the social disorganization of society as dictated by the
ecological aspects surrounding a society. They define social disorganization as the inability of a society to
organize itself in a more socially acceptable manner that perpetuates harmony and the general social
wellbeing of society because of ecological changes within a society.
Strain/Institutional Anomie Theory: Strain theory is also known as the social class or the Mertonian
Anomie theory. Merton used the term anomie to imply that the living standards of the people were like a
dichotomous key subdivided into numerous hierarchical levels that dictates what was expected from them
and what could actually be achieved by the people.
Subcultural theory: This theory is fetched from the fact that modern societies have demonstrated a
culture of separation where discrete groups of people have fragmented away from the main society and
established their own values and norms. These differential affiliations have introduced the culture of
learning antisocial behaviors that are clearly defined by criminal studies as a crime.
The Theory of Educational disabilities: Although this factor is seen by many as not social, it has
resulted in a very huge impact on the general social setups of the society regarding these children who
have problems with their studies. The American society is fond of labeling them as potential criminals
basing on their inability to do better in class Cullen & Wright reveal. These children have a tendency to

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commit crimes because they are challenged mentally, and cannot use their rationale well in making
decisions.
The Kaplan Theory on Self-esteem: Howard Kaplan’s self derogation theory. People who are ridiculed
by their peers suffer from loss of self-esteem, asses themselves poorly, and abandon the motivation to
conform. Low self-esteem can foster delinquency, which in return can enhance self-esteem for some
delinquents.
Feminist theory: Gender disparities experienced by females is one of the major catalysts in increasing
the number of junior female offenders. Positions assigned to females in many societies especially in the
developing world are more disadvantageous compared to that of their male counterparts. Females are
likely to get into crime such as drug peddling at an early age when their rights are denied, for instance
when forced to drop out of school to give room for their brothers who are socially assumed to have better
chances of attending and successfully completing studies.
Conflict theory: Racial differences traditionally can be associated with the Marxist theory too which
postulates that those in positions perceived superior are the most likely to dictate the pace as goes the
infamous saying that ‘ he who pays the piper, calls for the tune’. Youth crime is mostly in the lower strata
of society because the ruling class sees their behavior as delinquent. Most likely to be arrested because
the ruling class has the power to do so and controls the police.
TYPES OF JUVENILE DELINQUENCY
Individual delinquency:It refers to an individual who is committed to a delinquent act and its cause is
located in that delinquent individual. “delinquency is caused by the psychological problems stemming
from primarily defective/faulty/pathological family interaction patterns” Healy and Bronner (1936)
compared delinquent youth with their non-delinquent siblings and analyzed the difference between them.
Group supported delinquency: In this type, delinquencies are committed in companionship with others
and the cause of delinquency is not located in the personality of the individual or his family, “but in the
culture of the individuals’ home and neighborhood”. Studie by Thrasher and Shaw reveal that young
become delinquent due to their association and companionship with others already delinquent.
Sutherlands’ theory of differential association has further clarified it.
Organized delinquency: Delinquencies committed by organized groups. These delinquencies were
analyzed in the USA in the 1950’s and the concept of delinquent subculture was developed. Delinquent
subculture refers to the set of values and norms that guide the behavior of group members and encourages
them to commit delinquencies. COHEN was the first person to refer to this type.
Situational delinquency: A young man indulges himself into a delinquent act without having a deep
commitment to delinquency because of less developed impulse/control and/or because of weaker
reinforcement of family restraints and because he has very little to lose if caught. David matza refers to
this delinquency. However, this concept is underdeveloped and is not given much relevance.
Lecture 4
JUVENILE JUSTICE SYSTEM
INTRODUCTION
The juvenile justice system is a legal setting that provides fairness and protection to youths who do not
comply with the law and also to those who are below 18 years of age and who are neglected, abandoned,

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and abused, or are law violators. Modern societies have developed a separate system of justice for adult
criminals and juvenile offenders. Juvenile justice system is basically a part of an overall criminal justice
system specialized in dealing with children in conflict with the law. It is one of the means to achieve
justice for all juveniles.
Cambridge Advanced Learner's Dictionary: “A juvenile is a young person who is not old enough to be
considered an adult.” In the legal context, a juvenile is “someone who falls within an age range specified
by the state law”. This legal age range varies the world over, from the lower limit of 7 to the upper limit
of 18 years.
Dictionary of American Criminal Justice, Criminology and Criminal Law: Juvenile is “a person
under a statutorily specified age (usually between seventeen or eighteen years of age) who is potentially
under the jurisdiction of the juvenile court”. It is also worth noting that the terms juvenile, child,
adolescent, and teenager are often used interchangeably in the juvenile justice system.
NEED FOR A JUVENILE JUSTICE SYSTEM, WHY?
There is a group of criminologists who argue that a single consolidated system of justice dealing with
both adults and juveniles is enough and that there is no need for a separate system of justice for juveniles.
But most of the actors in criminal justice argue in favor of a separate system dealing exclusively with
children.
Jensen & Jorgen(2006): The basis for the juvenile justice system, separate from the adult criminal
justice system, has been provided by the social construction of childhood. At this stage
(Childhood/Adolescence) the child's mental and physical faculties are not developed to the level of an
adult. The child lacks the ability to realize what he/she exactly is doing and what will be the consequences
of his/her actions. Therefore, he/she cannot be held responsible for his/her actions, unlike adults. On the
basis of this notion children in conflict with the law are in need of nurturing and guidance to grow into
responsible adults, and they deserve a chance to rectify their law violating actions.
Pakistan: Denial of Basic Rights for Child Prisoners, 2003: It has been found by the researchers that in
most juvenile cases they have been used by adults. The juveniles are unaware of the consequences of their
actions and therefore they deserve not to be blamed for an offense.
James Burfeind and Dawn Bartusch in their Juvenile Justice An Integrated approach: The reason
for the differential treatment that exists between juveniles and adults is because of the Minimum Age of
Criminal Responsibility (MACR) and the doctrine of Doli Incapax. The Minimum Age of Criminal
Responsibility (MACR) is the minimum age of a child that is deemed not to have committed a crime.
Article 4 of the Beijing rules deals with the minimum age of criminal responsibility, and it reads as: “In
those legal systems recognizing the concept of the age of criminal responsibility for juveniles, the
beginning of that age shall not be fixed at too low an age level, bearing in mind the facts of emotional,
mental and intellectual maturity.” The age of criminal responsibility differs from country to country, and
the Beijing rules provide for taking adequate measures to make it reasonable. The most critical element
for constituting a crime is ‘mens rea ’ or the criminal intention to commit an offense. A juvenile and an
adult are subjected to different judicial procedures primarily due to this notion. The notion that a child is
incapable of having the intention to commit a crime is called ‘ doli incapax .' Under English law, the
doctrine of doli incapax was the defense of infancy unless such a presumption was rebutted. Therefore, a
juvenile justice system separate from the adult criminal justice system is justifiable and children below a
certain age should be dealt with differently than adult criminals.

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INTERNATIONAL COVENANTS ON JUVENILE JUSTICE

 International Covenant on Civil and Political Rights, 1966 states, “Sentence of death shall not
be imposed for crimes committed by persons below eighteen years of age and shall not be carried
out on pregnant women.”
 The United Nations Standard Minimum Rules for the Administration of Juvenile Justice,
1985 also known as the Beijing Rules, was adopted on 29 November 1985 for protecting the
well-being of children.
 The United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990
also known as the Havana Rules, lays down the standard for the management of the juvenile
justice system.
 The United Nations Convention on the Rights of the Child (CRC), 1989 provides for the
protection of children by ensuring the rights available to them.
 The United Nations Guidelines for the Prevention of Juvenile Delinquency, 1990 also known
as the Riyadh Guidelines, provides for the prevention of juvenile delinquency.
 The United Nations Guidelines for Action on Children in the Criminal Justice System, 1997
also known as the Vienna Guidelines, were adopted for the protection of children and it was
addressed not only to the states, but also to NGO's and media.
 The International Juvenile Justice Observatory was formed in Brussels in 2002, to
encourage global juvenile justice and to tackle the issues relating to juvenile delinquency and
justice issues.
JUVENILE JUSTICE SYSTEM IN PAKISTAN
Pakistan has recently promulgated its new juvenile justice system after repealing the old one. This was
mainly due to two reasons:

 To bring the new law further in conformity with the principles of the United Nations Convention
on the Rights of Children
 Due to the Lahore High Court’s decision in Farooq Ahmed v Federation of Pakistan, which
struck down the earlier law with the suggestion for new legislation that is more cognizant of the
needs of the juveniles.The purpose of this legislative review is to analyze the distinct features of
the new enactment as compared to the previous law on the subject and comprehend the potential
challenges posed by it.
The United Nations Convention on the Rights of Children (UNCRC) adopted by the United Nations in
1989 can be regarded as the Magna Carta on the rights of children. UNCRC was ratified by Pakistan in
1990 and incorporated in JJSO (2000) by all provinces. It is the only reformative law in our penal code
for children below 18 years old.
Various laws enacted in Pakistan’s legal system related to the juvenile justice system:

 PUNJAB BORTSEL ACT 1926.

 PAKISTAN PRISONS ACT 1894.
 SEC 29 OF CrPC 1898.
 SINDH CHILDREN ACT 1955.
 PUNJAB PRISON RULES 1978.
 PUNJAB NEGLECTED CHILDREN ACT 2004.
 PROBATION OF OFFENDERS ORDINANCE 1960.

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Despite the presence of various laws in Pakistan, its impacts are not being felt for the treatment of youth
as codified.
COMPARATIVE ANALYSIS OF JJSO 2000 AND JJSA 2018
Suitable Definitions Inserted:

 Useful definitions have been introduced in the JJSA which were missing in the JJSO, including
the definitions of terms such as ‘Juvenile’ and ‘Juvenile Offender’.
 The spectrum of the institutions for the custody of juvenile offenders has also been widened in
the new enactment through the expression Juvenile Rehabilitation Centre.
 The term best interest of the child was defined for the first time under the JJSA to conform the
law to the UNCRC.
 The term Medical Officer has been inserted under the JJSA to meet the special circumstances
where the report of the medical officer is needed to determine the age of a juvenile, or to ascertain
his mental or physical condition whenever required
Distinctive Investigation Procedure:

 Section 7 of the JJSA provides a distinct investigation procedure for a juvenile offender.
 The investigating officer shall also be assisted by the probation officer or social welfare officer,
as notified by the Government, to prepare a social investigation report to be annexed with the
report prepared under section 173 of Criminal Procedure Code, 1898 ( CrPC ).
 The JJSO was silent on these distinctions.
Detention in Observation Home:
Under section 5 of the JJSA, the arrest of a juvenile offender requires specific mandatory steps to be
followed by the officer in charge of the police station

 after the arrest, the juvenile offender shall be kept in an observation home,
 the guardian and the concerned probation officer shall be informed as soon as possible, and
 the police report prepared shall describe the steps to be taken to refer the matter to the Juvenile
Justice Committee for disposal through diversion.
Section 2(p) of the JJSA defines ‘observation as a place where a juvenile shall be kept temporarily after
the arrest, on remand, or during any inquiry or investigation.’
INTRODUCTION OF DIVERSION PROCESS:

 A novel concept of ‘diversion’, which was not discussed under the JSSO, has been introduced in
the JJSA with great emphasis. Under section 2(d), the Act defines it as a means for the juvenile
offender to avoid undergoing the formal judicial proceedings, and instead be diverted to an
alternative process. This channel would be used to determine his responsibility, and treatment on
the basis of his social, cultural, economic, psychological, and educational background. The
concept of diversion emphasizes restorative justice whereas formal criminal justice systems are
based on the idea of retribution, or punishment for an offense committed.
 Children who have diverted away from the formal criminal justice system have a lower tendency
to repeat the offense, and this is particularly the case with first-time offenders.

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  According to section 9 of the JJSA, all minor and major offenses shall be compoundable for the
purpose of diversion. However, in the case of major offenses, the juvenile accused should not be
more than sixteen years of age to get the benefit of the diversion as provided under this section
SUB CATEGORIZATION OF AN OFFENCE:
Unlike the JJSO, the term ‘Offence’ as defined in the JJSA is divided into three subcategories: minor
offense, major offense, and heinous offense.
1. All crimes under the Pakistan Penal Code, 1860 (PPC) or under any other law with the
punishment of imprisonment up to three years will be regarded as minor offenses.
2. The crimes made punishable by imprisonment between three to seven years will be treated as
major offenses
3. Heinous offenses are those which are serious, gruesome, brutal, sensational in character, or
shocking to public morality, and are punishable under the PPC or any other law with death, life
imprisonment, or imprisonment of more than seven years.
SPECIAL SAFEGUARD FOR FEMALE JUVENILE OFFENDERS:
Section 17 of the JJSA provides a special safeguard for the female juvenile offenders with regards to their
arrest and interrogation. This distinction between male and female juvenile offenders did not exist under
the JJSO. Previously female juvenile offenders were treated equally with adult female offenders and were
kept at the same women police stations.

 The provision states that no female shall in any circumstances be apprehended or investigated by
a male officer, or released on probation under the supervision of a male officer
 She can only be kept in a juvenile rehabilitation center established or certified exclusively for
female inmates.
 The JJSA has acknowledged the fragility of female juvenile offenders and provided a separate
place of detention for them.
ESTABLISHMENT OF JUVENILE JUSTICE COMMITTEE:
The process of diversion was to be completed through the Juvenile Justice Committee as defined under
2(j) of JJSA, and this Committee was to be formed within three months from the commencement of the
Act. The Committee shall consist of the following members:

 Judicial Magistrate Section 30, who shall also head the Committee;
 District public prosecutor;
 Member of the local Bar having at least seven years standing at the Bar, appointed by the
concerned Sessions Judge for a period of two years;
 Serving probation officer or social welfare officer not below the rank of an officer in BPS 17.
NO HANDCUFFING, NO PRISON, NO DEATH PENALTY:
Section 16 of the JJSA expressly prohibits awarding the death penalty to a person who was a juvenile at
the time when the offense was committed. Similarly, no juvenile shall be committed to prison, ordered to
labor, put to fetter, handcuffed, or given corporal punishment anytime during custody. Exceptions to the
principle of no handcuffing are:

 the juvenile is more than sixteen years of age,

13
  reasonable grounds existed for his escape from custody, and
 the juvenile was involved in a heinous offense or previously convicted to life imprisonment.
On fulfillment of these preconditions, a juvenile may be handcuffed or put to solitary confinement in a
rehabilitation center or observation home for a period not exceeding twenty-four hours.
PENALTY FOR THE PRINTING WITHOUT PERMISSION:
Although there was a prohibition on printing any material related to the proceedings of juvenile courts
(except judgments of the High Court and the Supreme Court), there was no penal provision available
under the JJSO for violation of the same.
Under section 13 of the JJSA, the offense has been made punishable on two accounts:

 Violation of disclosing the identity of a juvenile without permission.

 Violation of printing or publishing the proceedings of the Court without permission.
OVERRIDING EFFECT ON OTHER LAWS:
The provisions of the JJSO were not in derogation of any other law during the time it was in force but
were in addition to other laws. Due to this, confusion was seen with regards to the jurisdiction while
trying the cases of juveniles who were allegedly involved in offenses punishable under special laws like
anti-terrorism and narcotics laws.
However, Section 23 of the JJSA addresses this ambiguity and states that the provisions of this Act shall
have an overriding effect notwithstanding anything contained in any other law.
CHALLENGES AND SHORTCOMINGS OF JJSA 2018
Infrastructural Deficiencies
While the JJSA defines ‘observation home’ as a place where a juvenile can be kept temporarily after
arrest or during physical remand it also leaves certain obvious questions unanswered.

 Who will provide and manage this observation home?

 Would it be an independent place or a designated place within a police station concerned?
 What sort of paraphernalia will be attached to this place?
Since the inception of the JJSA, no observation home has been established in any province: juvenile
offenders are arrested and detained in the same lock-up where all kinds of adult offenders are held.
Similarly, the Government is yet to notify juvenile rehabilitation centers.
Discriminatory Nature
Similar to the JJSO, there is a likelihood that some provisions of the JJSA may also be challenged in the
higher courts due to their discriminatory nature.

 Section 6(3) of the JJSA treats all the minor and major non-bailable offenses which the juvenile
offender allegedly committed as bailable irrespective of their age.
 A plain interpretation of Section 6(4) suggests that a court of competent jurisdiction shall grant
bail to a juvenile who is less than sixteen years of age as a matter of right. This right will stand
even if the juvenile has allegedly committed a heinous offense or the crime in question is
punishable with capital punishment (such as murder, etc.).

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  A court of competent jurisdiction may refuse bail to a juvenile offender more than sixteen years
of age if he has allegedly committed an offense of heinous nature. With regards to divergent
socio-cultural norms of the society, there is strong apprehension of the misuse of this
extraordinary relief.
 The prohibition of the death penalty, bars on imprisonment, restraint on handcuffing, and the
creation of a special diversion process for the disposal of juvenile cases are some of the instances
which may pose a challenge to the very existence of the Act.
Delay in Setting Up of Essential Institutions and Devising Rules
One of the unique features of the JJSA is the order to establish special institutions within the criminal
justice system like Juvenile Justice Committees and exclusive juvenile courts. So far, no such committee
has been formed by the Provincial Governments. Recently, however, a letter of the Directorate General of
District Judiciary High Court Lahore was written to the Secretary Government of the Punjab Home
Department for the establishment of the Juvenile Justice Committee. Further, no separate juvenile court
has been established anywhere in Pakistan except in Lahore. Likewise, the rules of business to carry out
the functions under the JJSA are also yet to be framed.
The aspect of Social Reintegration Not Fully Addressed
The preamble of the JJSA establishes its purpose as to provide a criminal justice system exclusively for
juveniles along with a mechanism for their social reintegration. As per Article 40.4 of the UNCRC,
appropriate educational and vocational programs must be provided to juvenile offenders to provide them
with opportunities to become productive citizens.
Similar to the JJSO, this new Act is silent about the measures and mechanisms which can be adopted to
reintegrate the juvenile convicts released from jail, or returning from rehabilitation centers into society as
contributing members. However, Section 19 of the JJSA removes the disqualifications attached to a
conviction of a juvenile under the concerned law, subject to the provisions of the Constitution. This
measure can help ward off the social stigma attached to juvenile convicts.
Lecture 5
JUVENILE JUSTICE SYSTEM
ROLE OF POLICE
Whether dealing with juveniles, adults, or women in conflict with the law. Police are the first respondent
to any encounter with the lawbreakers in all criminal justice systems. The primary functions of the police
are the prevention of crime and delinquency, detection and investigation of the cases, and prosecution of
the offenders. However, in Pakistan, the prosecution has been recently separated from the police and is
now a separate department.
The Police Order 2002 Articles 3,4, 5, and numerous others describe these functions in detail and the
range of duties for the police.
ANALYSIS OF POLICE ROLE IN JUVENILE JUSTICE SYSTEM:
Some of the lacunae in the police department in Pakistan are as follows:

 There is a general lack of specialized teams for juvenile delinquency, prevention, and
investigation in the police.

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  The awareness regarding the rights of the child in conflict with law is very minimal, particularly
at the lower level amongst the police.
 Lack of training on national and international juvenile justice laws, is obvious, particularly on the
JJSO 2000.
 The police department lacks a computerized mechanism for keeping the record of all the juveniles
in conflict with the law.
EFFORTS TO RECTIFY THE SITUATION:
POLICY RECOMMENDATIONS FOR POLICE:

 Firstly, the attitude of the police towards the juveniles in conflict with the law is a very big
problem. (e.g: Pakistan Society of Criminology (PSC)) Awareness and sensitization in the police
officials shall be given priority. The JJSO 2000 and other child-related national and international
laws should immediately be included in the syllabus of the Police Service of Pakistan (PSP)
officers, upper courses, and intermediate courses of the upper and lower subordinate officers at
the police training institutions.
 Secondly, under JJSA 2018, a child in conflict with the law cannot be kept at police stations nor
he/she can be detained in jails. To the contrary in Pakistan due to lack of facilities, the children in
conflict with the law are kept at police stations before the disposal of their cases. In this regard, it
is recommended that the police officer shall contact the probation officer(s) as early as possible.
Astonishingly there is no pre-trial detention or remand home facility in Pakistan except Karachi
(established under Sindh Children Act 1955), so where on earth the probation officer would
keep the child in conflict with law if at all he is given the custody of such a child a legal gap in
the implementation of the law?
 Thirdly, to collect and analyze the cases of juvenile offenders and victims and find out the
causative factors and devise ways and means to curtail the inhumane behavior towards children,
the establishment of a data-base at the Central Police Office (CPO) of all the provinces and at the
regional level should be the top priority. The profile of children in conflict with law-by gender,
age, offense category, etc should be recorded separately from the adults' record.
 Fourthly, juvenile delinquency, the world over, is considered to be the problem of urban centers.
Therefore, in big cities of the country, where the rate of juvenile delinquency is high, special
police units for dealing with children in conflict with law can be created on a priority basis [The
Beijing Rule 12.1].
 These police officers shall be trained properly and skillfully on the process of interacting and
interviewing with a child while keeping in mind the needs, wishes, and feelings of a child. A
child shall be treated by a police officer in light of the internationally agreed guidelines.
 Fifthly, there are reports of child sexual and physical abuse by the police authorities. For that
reason, an independent and impartial investigation mechanism regarding reports of misconduct,
brutality, and the denial of children's rights by the police should be established. There should be
specialized units in the police who deal, particularly, with child sexual abuse and child trafficking
 Sixthly, but the most important is that the police officers should pay more emphasis on the
diversion of the juveniles in conflict with law from the formal justice system. In this regard the
police officers can use warnings, fines, restitution, compensation, restorative justice practices,
and other diversionary options.
 Finally, for all these steps the police should be given a special budget immediately, and the police
themselves should allocate a sufficient amount from their own budget for these direly needed
initiatives in the best interests of the child.

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ROLE OF PROSECUTION

 A prosecution is a liaison department between the police and the court. Prosecution plays a
pivotal role in the administration of justice.
 According to Black's Law Dictionary, “Prosecution is a proceeding instituted and carried on by
the due process of law, before a competent tribunal (court), for the purpose of determining the
guilt or innocence of a person charged with a crime”.
 A prosecutor or public prosecutor is an expert of the law to represent the state, in court
proceedings, against the lawbreaker.
 Prosecution in Pakistan was a branch of police but it has recently been separated, with a view to
achieving a speedy justice process. It is now made an independent department after the
promulgation of the Prosecution Ordinance of 2005.
ANALYSIS OF PROSECUTION ROLE IN JUVENILE JUSTICE SYSTEM

 Prosecution in Pakistan was a branch of police but it has recently been separated, with a view to
achieving a speedy justice process. It is now made an independent department after the
promulgation of the Prosecution Ordinance of 2005.
 This department is highly developed in other countries, but in Pakistan, it has not yet developed
to that extent. In the area of juvenile justice, the prosecution department has several gaps
including lack of specialized prosecutors in children's issues, low interest and lack of concern in
such cases, and the problem of prosecuting a child like the adult criminal.
POLICY RECOMMENDATIONS FOR PROSECUTION

 Firstly, special public prosecutors (PP) on juvenile justice are needed to be appointed at first in
the big cities and later on at each district. For the existing prosecutors who are frequently dealing
with juvenile cases, special training should be arranged. These training should include, besides
national and international laws, courses on the psycho-social development of a child, counseling
of a child, proper production of juvenile offenders before the court and securing the rights of the
juvenile offenders when they are in police/judicial custody, etc.
 Secondly, priority should be given to an appropriate conclusion of the case of juveniles through
diversion by the prosecutor. The prosecutors should continuously explore the possibilities of
alternatives to a court conviction as recommended by UN General Comment No. 10 Para 68.
 Thirdly, Section 4(a) (ii) (2) of the Prosecution Ordinance 2005 states that the prosecutor on
receipt of the final report (Chalan) shall withhold the same for want of proper evidence and return
it to the Investigation Officer with written direction to resubmit the report after removal of the
deficiencies so identified by him. Generally, if a child's age cannot be determined properly, the
police officers put an ambiguous age on the age card (Chalan). For example, the age may be
recorded as 'eighteen / nineteen'. Now it is the duty of the prosecutor under Section 4 of the
Prosecution Ordinance 2005 to ensure that the age is recorded properly and correctly. But sadly,
the prosecutors, in general, do not perform this function. Therefore, it is recommended that the
prosecutors dealing with child cases must ensure proper recording of age in line with JJSA 2018,
in order to qualify child in conflict with the law to the benefits of the JJSA 2018. i.e. It can be
done through medical tests if no other document is available.
 Fourthly, it is the prosecution department that has to make it certain and ensure that the
investigations are properly and timely completed by the police in the stipulated time as required
by the law under Section 173 of the Criminal Procedure Code of Pakistan (hereinafter Cr. P.C)

17
 by adopting due diligence in the recording of age the most important factor in dealing with child-
related cases. The District Public Prosecutors (DPP) should perform their duty of taking
disciplinary actions against the Investigation Officers who prepare the final report (challan)
inefficiently, misrepresent the facts, and do not exercise due diligence or honesty in conducting
investigation, etc [Section 5(d) of the Prosecution Ordinance 2005].
 Fifthly, strict departmental actions are also needed to be taken against the prosecutor who fails to
put the Challan (Final Report) in the court after the investigations are complete.
 Finally, close liaison of prosecution with the police and probation be promoted.
ROLE OF JUDICIARY

 Judiciary is the third pillar of the state which is responsible for its legal system and which consists
of all the judges in the country's courts of law.
 Courts are one of the basic components of all justice systems. In fact, when we think of the
juvenile justice system, the first concept which strikes our mind is the exclusive juvenile court
dealing only with juveniles.
 The children in conflict with the law who are not diverted from the formal legal system at an
early stage are dealt with by the juvenile courts or by the criminal courts in case of non-existence
of juvenile court.
 Juvenile Court is the heart of the juvenile justice process. It is an agency where the decisions
made by all the other child-related agencies are supported or altered. A juvenile court is a court
responsible for holding hearings and making decisions regarding the disposition of juveniles who
have entered the juvenile justice process.
ANALYSIS OF THE ROLE OF THE JUDICIARY IN THE JUVENILE JUSTICE SYSTEM

 JJSA 2018 provides for the establishment of separate juvenile courts by the Provincial
Governments. This act provides good detail of the juvenile court proceedings but the
establishment of exclusive juvenile courts has yet to be realized.
POLICY RECOMMENDATIONS FOR JUDICIARY

 Firstly, at least one exclusive juvenile court should be established immediately in each province.
If the judges have to dispose of the cases of children in conflict with the law, they must be trained
in dealing with children. Therefore, specialized courses on juvenile justice should be included for
judges in the curriculum in the judicial training institutes. Training should be imparted to all
lower-courts judges in national and international laws regarding children in conflict with the law.
 Secondly, most often the juveniles in prisons are detained for longer due to non-completion of
investigation in such cases. Therefore, the court must ensure that the police have submitted the
Final Report (Challan) within fourteen days as required by the law under Section 173 of Cr. P.C,
for an early trial.
 Thirdly, age assessment of the juvenile in conflict with law is a very big problem in Pakistan.
Generally, there is a very low tendency in masses about birth registration of their children and
education too. Therefore, age determination of the children who have no official documents
regarding age becomes a big problem. In such cases, the police officers often use their personal
judgment by examining the physical appearance of the offender. Although it is the duty of the
prosecutors to make it certain that the exact age of the child in conflict with the law has been
written on the age card (challan), but whenever the prosecutors fail to do so the court must ensure

18
 the proper age assessment in order for a child in conflict with the law to qualify to the benefits of
the JJSA 2018.
 Finally, if a child is found guilty of the alleged offense (s), the court should look for the
alternatives to institutional care and deprivation of liberty, to assure that deprivation of liberty be
used only “as a measure of last resort and for the shortest possible period of time” [Article 37 (b)
of the CRC, & The Beijing Rule 13.1]. Preference should be given by the judges to measures
like fines, restitution and compensation, probation, and community services, and group
counseling activities, etc [The Beijing Rule 18.1].
ROLE OF PROBATION OFFICER(S)

 Imprisonment is not the only way to respond to criminals. There are various alternative methods
to imprisonment including probation which is arguably one of the most progressive contributions
to modern criminal policy. It is a very important agency in the juvenile justice system.
 Those offenders who, according to the court, are likely to be reformed, and who are not
dangerous to society, are not sentenced to imprisonment and are kept on probation under the
supervision of the state probation officer.
 Probation is “a period of time when a criminal must behave well and not commit any more
crimes in order to avoid being sent to prison”.
 As defined by Elrod and Ryder, it is the supervised release of an individual by a court.
 Islamic philosophy of crime does not profess to hate the criminal rather it professes to hate the
crime and reforming the criminal (Tahir-Ul-Qadri, 2006).
 Similarly, the probation system is based on the philosophy of “eradicating the crime, not the
criminal.”
ANALYSIS OF THE ROLE OF PROBATION OFFICER(S) IN THE JUVENILE JUSTICE SYSTEM
According to the periodic report on the CRC submitted by Pakistan, “there is lack of awareness about the
[probation] system and its significance. Police, prison officials and even in the ranks of the lower
judiciary there is lack of awareness concerning probation system.”
POLICY RECOMMENDATIONS FOR PROBATION OFFICER(s)

 Firstly, the periodic report Para 539 points out that there is a lack of probation officers and
many districts are still without probation officers. Therefore, the number of probation officers
should be immediately increased. At least, three probation officers should be posted in each
district. The female probation officers are only a few in a country of 220 million people, which
must be taken into account at once.
 Secondly, the probation officers complain that their present scale has failed to give them due
respect and that it should be raised at least to grade 17. Service conditions shall be made more
attractive and rewarding to attract the most competent persons to this department.
 Thirdly, diversion is the key element of the juvenile justice system. “It avoids child getting a
criminal record and being labeled at an early age, and avoids being stigmatized and minimizes the
deprivation of liberty” (UNODC, 2006). The concept of diversion should be promoted at all
levels in the juvenile justice process, right from the initial contact of a child with the police. It is
the probation officer who performs a key role in diversion programs, such as close supervision,
community services. It has been noted that most often the child diverted to community services is
kept as a servant in the residences of the officers. This form of service is included in the category
of “child labor”, and it is labor without any fruit. This practice needs to be abandoned at once and

19
 other community services should be sought while keeping in view the inherent dignity of the
child.
 Fourthly, to lower the burden on the courts, where appropriate, the probation officers should be
empowered to dispose of juvenile cases at their discretion before lodging of the report with the
police and institution of trial.
 Finally, more Borstal institutions should be established under the probation department and they
should be run under the Borstal Act instead of the Jail Manual.
ROLE OF CORRECTIONAL INSTITUTIONAL(S)
Under JJSA 2018, all juveniles which the court cannot release on bail because of various reasons “should
be placed under the custody of a Probation Officer or suitable person or institution dealing with the
welfare of the children if parent or guardian of the child is not present, but shall not under any
circumstances be kept in a police station or jail in such cases.”
On the contrary the juvenile delinquents, as a general practice, are either kept in police stations or sent to
jail-where they are kept in the so-called Munda Khana or Juvenile Section- as there is no remand home
in any province except the Sindh province, which is in fact a clear violation of the JJSA 2018, Juvenile
Justice Rules, and the CRC (Ratified by Pakistan in 1990).
ANALYSIS OF ROLE OF CORRECTIONAL INSTITUTIONS IN THE JUVENILE JUSTICE
SYSTEM OF PAKISTAN
Pakistan Society of Criminology (PSC) ), under Juvenile Justice Reforms Project (JJRP) by the
UNICEF, conducted a research work- overcrowding in jails.
Amnesty International's research report on Pakistan 2003 (Pakistan: Denial of Basic Rights for Child
Prisoners, 2003)

 no separate places for juveniles and likely indoctrination by radical inmates;

 no separate sector inspector or officials entitled to handle juvenile inmates;
 lack of recreational facilities for juveniles;
 no separate transport facility for under-trial juveniles;
 no proper record of juvenile offenders;
 no formal education provisions for juvenile offenders;
 no separate interview facilities for juvenile offenders; and
 lack of medical facilities for juvenile offenders.
POLICY RECOMMENDATIONS FOR CORRECTIONAL INSTITUTIONS:

 Firstly, at least one Borstal institution or similar institution with all necessary facilities should be
established in all the provinces. After the establishment of the Borstal institutions, the children
detained in prisons should be immediately transferred to them. The supervision of Borstal
institutions should be transferred to the probation department. It is not a prison rather it is a
rehabilitation institution and rehabilitation is neither the responsibility of the prison department
nor they are trained for this purpose.
 Secondly, JJSA 2018 prohibits keeping a juvenile in jail or prison. Similarly, the Beijing Rules
26.3 states that “juveniles in institutions shall be kept separate from adults and shall be detained
in a separate institution or in a separate part of an institution also holding adults.” The placement
of children in adult prisons or jails compromises the children's basic safety, well-being, and future

20
 ability to remain free of crime and to reintegrate. Therefore, every child deprived of liberty
should be separated from adult criminals.
 Thirdly, the present staff in prisons is trained to deal with adult criminals and their approach to
juveniles is also like that of adult criminals. Therefore, there should be special staff in the
rehabilitation/reformation institutions for dealing with juvenile inmates. These officials must be
specially trained in dealing with juveniles such as interviewing the juvenile, taking a case history,
and counseling, etc. Similarly, separate places for interviewing the juvenile offenders should be
created which are designed keeping in view the juvenile needs. We need separate juvenile
facilities which are in no way part of a prison or under the prison department.
 Fourthly, recreation plays a key role in a child physical and psychological development and there
are no such facilities in jails as observed by the PSC study (Report on Gaps in Existing System
of Jails, 2009). Therefore, wherever possible in jails, some sort of recreational facilities should be
created for juveniles such as indoor and outdoor games.
 Fifthly, infants and children accompanying the under-trial or convicted mothers need special
attention. The prison rules do not provide for any special provision for such children and infants.
At least proper nutrition should be given to such infants and children for their physical
development. The jail and prison system has weak health and medical facility for juveniles. It is
recommended that the medical history and periodic medical reports should be kept in the juvenile
file for record.
 Sixthly, as exclusive juvenile courts are missing in the country, so until the creation of exclusive
juvenile courts, the proceedings of juvenile offenders should take place within the jails for early
disposition.
 Finally, the juvenile and child soldiers need special attention. They should be kept separate from
non-soldier offenders. Psychologists of high reputation should be hired for their psychological
treatment and de-radicalization and de-indoctrination, which has become a serious challenge for
our law-enforcement agencies and government officials after the war on terror and military
operations in some parts of the country.
ROLE OF ASSOCIATED AGENCIES
The police, probation, prosecution, courts, and correctional institutions are the primary components of the
juvenile justice system.
But juvenile justice policy must take into account the various secondary components and associated
agencies of the juvenile justice system as well. The Social Welfare Department should be utilized to a
greater extent for devising diversionary programs. The Ministry of Human Rights, media, Law
Department, and other agencies associated with criminal justice, rehabilitation, and social services,
should be given due attention and a specific role in policymaking.
DEPLORABLE CONDITION OF JUVENILE JUSTICE SYSTEM IN PAKISTAN; CONTEMPORARY
STATISTICS
Justice Project Pakistan (JPP), an aid group working for the welfare of prisoners, said that six people
who committed offences as juveniles were executed in Pakistan since 2014, while at least three juveniles
are still on death row and waiting for their executions in different jails of Pakistan.
The Human Rights Commission of Pakistan told the website that at least one juvenile was executed and
five were sentenced to death between 2004 and 2019.

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  According to the report, United Nations stated in 2015 that among 8,000 Pakistani prisoners on
death row, several hundred were likely to be juvenile offenders.
 Pakistan is among 160 countries of the world that have signed United Nations conventions and
have passed legislation to not award death sentences to offenders below the age of 18 years.
 Pakistan enacted the latest law in 2018 which is called ‘Juvenile Justice System Act 2018’, which
not only protects offenders below the age of 18 years from a death sentence but also makes it
mandatory that they should be trialed in juveniles’ courts.
Executive Director of JPP, Sarah Bilal said that the accused below the age of 18 years cannot be treated
as adults in jails. She said that non-identification of proper age because of the unavailability of correct
birth records causes severe problems for juveniles during the trial and in prisons. “Nearly 10 million
children below the age of 5 years that are currently unregistered with the figure growing by nearly 3
million every year. Pakistan’s failure to fulfill the right to birth registration for its children means that the
criminal justice system is marred by a high risk of wrongful arrests, detention, and executions of child
offenders,”

 According to a report of the National Counter Terrorism Authority (NACTA), Pakistani

prisons have the capacity of around 53,000 prisoners while they house around 87,000 people, out
of which 4,688 are on death row.
 A spokesperson of the Federal Ministry of Human Rights said that they have written letters to
all provinces to collect data of prisoners and juveniles in prisons, but no answers were received so
far.
Lecture 6
CORRECTIONAL INSTITUTIONS
Since the aim of the juvenile justice system is rehabilitation, the treatment of youth is somewhat different
than the treatment of adults. Just as the juvenile court has different practices, so too does the correctional
side of the juvenile justice system. For example, justice-involved youth can be sent to detention centers,
group homes, boot or wilderness camps, residential treatment centers, long-term secure facilities, or other
institutions.
Detention: In the first stages of the justice system, the court must decide if it will detain the youth. If a
youth is detained, he/she is sent to a detention center, which is a short-term, secure facility. These are
comparable to adult jails. Youth are often kept in detention facilities while waiting for disposition or
transfer to another location. The average length of stay is 2 3 weeks. Factors that increase the likelihood
of detention include prior offenses, age at first offense and current age, and the severity of the current
offense. Research also suggests that race, gender, and socioeconomic status also play a role in deciding
whether to detain a youth.
Group Homes: Group homes are long-term facilities where youth are allowed and encouraged to have
extensive contact with the community. Youth attend regular school, hold jobs, take public transportation,
etc. In many group homes, youth learn independent living skills that prepare them for living on their own.
These are similar to adult halfway houses.
Boot Camps and Wilderness Camps: Boot Camps are secure facilities that operate like military basic
training. They focus on drills, manual labor, and physical activity. They are often punitive and overly
strict. Despite popular opinion, research shows that these are ineffective for preventing future
delinquency. The length of stay is generally several weeks. On the other hand, ranch/wilderness camps

22
are actually prosocial and preventative. These are long-term residential facilities that are non-restrictive
and are for youth who do not require confinement. These include forestry camps and wilderness
programs.
Residential Treatment Centers: RTCs are long-term facilities that focus on individual treatment. They
include positive peer culture, behavior modification programming, and helping youth develop healthy
coping mechanisms. Many have specific targeted populations, such as kids with histories of substance
abuse or issues with mental health. They are often considered medium security, and the average stay is
often six months to a year.
Long-term Secure Facilities: Long-term facilities are strict secure conferment. These include training
schools, reformatories, and juvenile correctional facilities. These facilities are often reserved for youth
who have committed serious offenses. They are similar to adult prisons but operate under a different
philosophy. For example, incarcerated youth are still required to attend school, which is within the
facility.
CORRECTIONAL INSTITUTIONS IN PAKISTAN
The Child Rights Unit of a non-profit organization, Dastak, has revealed some glaring lapses of the law
in its data collected over the past two years on child prisoners in Punjab.
First, there are 33 juvenile prisons and two borstal institutions in the province, but children are sent to the
district and central jails, sharing space with adult convicts.
Second, children under the age of 16 are kept in police custody, despite this being against the law.
Third, 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 labor, despite it being forbidden.
Last, the CRU found children who had allegedly committed offenses 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, the CRU found a 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.
Pakistan has only seven juvenile detention facilities in total. Two of these are located in Punjab, four in
Sindh, and one is in KP. There is no such facility in Baluchistan.
The KP juvenile detention facility is not functional.
JUVENILE DELINQUENCY
A risk factor is anything that increases the probability that a person will suffer harm. A protective factor
is something that decreases the potentially 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 that lessen this likelihood.
TYPES OF PROTECTIVE AND RISK FACTORS

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

 Individual
 Family
 Peers
 School, neighborhood, and community
INDIVIDUAL
Risk Factors

 Early antisocial behavior and emotional factors such as low behavioral inhibitions
 Poor cognitive development
 Hyperactivity
Protective Factors

 High IQ
 Positive social skills
 Willingness to please adults
 Religious and club affiliations
FAMILY
Risk Factors

 Inadequate or inappropriate child-rearing practices,

 Home discord
 Maltreatment and abuse
 Large family size
 Parental antisocial history
 Poverty
 Exposure to repeated family violence.
 Divorce
 Parental psychopathology
 Teenage parenthood
 A high level of parent-child conflict
 A low level of positive parental involvement.
Protective Factors

 Participation in shared activities between youth and family (including siblings and parents)
 Providing the forum to discuss problems and issues with parents
 Availability of economic and other resources to expose youth to multiple experiences.
 The presence of a positive adult (ally) in the family to mentor and be supportive.
PEER
Risk Factors

 Spending time with peers who engage in delinquent or risky behavior

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  Gang involvement
 Less exposure to positive social opportunities because of bullying and rejection
Protective Factors

 Positive and healthy friends to associate with.

 Engagement in healthy and safe activities with peers during leisure time (e.g., clubs, sports, other
recreation).
SCHOOL/COMMUNITY
Risk Factors

 Poor academic performance

 Enrollment in schools that are unsafe and fail to address the academic and social and emotional
needs of children and youth
 Low commitment to school
 Low educational aspirations
 Poor motivation
 Living in an impoverished neighborhood
 Social disorganization in the community in which the youth lives
 High crime neighborhoods
Protective Factors

 Enrollment in schools that address not only the academic needs of youth but also their social and
emotional needs and learning.
 Schools that provide a safe environment.
 A community and neighborhood that promote and foster healthy activities for youth.

CAUSES OF JUVENILE DELINQUENCY

Qadeer Ahmed Child rights unit:

 The causes of juvenile delinquency can be rooted in the aspects of economic, social, and
biological situations of society and individuals. Poor economy, increased rate of inflation, lack of
jobs, and scarcity of basic necessities can be a cause of deviant behavior in children
 On the other hand, psychological stresses, conflicts between parents, single parenthood, bad
school environment, and teachers torture may also induce delinquency in a child. Additionally,
the raised level of serotonin in the brain has been proved a major cause of juvenile recidivism
among minors.
SUGGESTION OF SOLUTION FOR JUVENILE DELINQUENCY IN PAKISTAN

 We can control overpopulation by increasing our income and popularizing population planning in
our society. It is very much unfortunate that inspire of our best efforts we have not been able to
have substantial results of population planning. This system is unique and it can work very well
as it has very successfully been executed in our brother Muslim country Indonesia so the fault is
in between the lines. We should try to find out the weak point of this system. I am sure that must

25
 be in the implementation and not in the system by itself. Once the trend is set then the problems
of overpopulation can be solved easily.
 Politics and especially party politics in educational institutions have given great damage to all of
us. Students instead of seeking knowledge turn to the vested interests of politicians and ruin
themselves. Students must be kept away from active politics. This would enable us to keep them
on right track.
 Films, TV, VCR, Radio, Magazines, Journals, and Press can play a dominating role in
revolutionizing society and easily bring about a very healthy change soon. These are very
powerful media and have a far-reaching influence over the public.
 Child labor must be prohibited by the state very strictly. Child labor is one of the factors which
ultimately lead them to juvenile delinquency. The state should take the responsibility of loading
and boarding the orphans so that they may not indulge in this evil.
 Such customs, traditions which are in no way useful for society must be discouraged and cut
down. It should also be the prime duty of the parents that they should not impose their will on
their children unnecessarily. Rather the will of the children if correct must be respected.
 Play and playgrounds must be increased in almost all the big cities of Pakistan so as to make our
youth sound and healthy. Today in the whole world games have taken a shape of modern science
and no country can think of avoiding it.
 Psychology is that branch of science which deals with the mental problems of human beings.
Both here in Pakistan, we have not given this subject its proper place. Thus we are unable to
understand the inner problems of a child. Children at various stages need psychotherapy. We can
learn all this when we study psychology in detail.
 In our country, there is a lack of marital adjustment. It will not be out of point here that at least 50
% of marriages that take place are without mutual consent or even mutual understanding. As the
result, they fail very soon and create many problems for their innocent children. There is no doubt
in it that it all happens due to the lack of information and un education. Moreover, the people of
the rural areas are still under the yoke of old customs and traditions which add more to their
problems.
 It is the utmost duty of the government to provide basic facilities of life to the “ Karachi Abadis ”
so as to make their living convenient for them. This would certainly curtail the rapid growth of
juvenile delinquents in such areas
 Finally, we must request and encourage those parents, who for the sake of earning more money
leave their families behind in the lurch and go abroad while doing so they actually lose their
families permanently. Their children feel unprotected and unchecked. They become easy prey to
the evils of society. Our younger generation is our future
ISLAMIC PERSPECTIVE ON CRIME AND PUNISHMENT
CRIME & PUNISHMENT IN ISLAM
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.

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By contrast, the Law of Islam was sent down to Muhammad, may the mercy and blessings of God be
upon him, 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 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?
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. God says: “ We have sent our
Messengers with clear signs and have sent down with them the book and the criterion so that man can
establish justice. And we sent down iron of great strength and many benefits for man...” (Quran 57:25)
And He says: “ God wants to make things clear for you and to guide you to the ways of those before you
and to forgive you. God is the All-knowing, the Wise. God wants to forgive you and wants those who
follow their desires to turn wholeheartedly towards (what is right). God wants to lighten your burdens,
and He has created man weak .” (Quran 4:26 28)
And He says: “ God commands justice, righteousness, and spending on one's relatives, and prohibits
licentiousness, wrongdoing, and injustice…” (Quran 16:90)
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 Law of retribution

 The preservation of religion Punishment for Apostasy.
 The preservation of reason Punishment for drinking
 The preservation of lineage Punishment for fornication
 The preservation of property 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 Islamic law has prescribed fixed
punishments are as follows:

 Transgression against life (murder or assault).

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  Transgression against property (theft
 Transgression against lineage (fornication and false accusations of adultery
 Transgression against reason (using intoxicants.
 Transgression against religion (apostasy
 Transgression against all of these universal needs (highway robbery)
DISTINGUISHING FEATURES OF ISLAMIC PENAL SYSTEM
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:
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.
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 complementary principles: 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:

 Prescribed punishments
 Retribution

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  Discretionary punishments
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 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. The following crimes fall under the jurisdiction of
the fixed punishments:
o Theft is defined as covertly taking the wealth of another party from its secure location with
the intention of taking possession of it
o 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
o 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.
o 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. God says: “ O you who believe! Verily wine, gambling, idols, and
divination are but the abominations of Satan’s handiwork, so abandon these things that
perchance you will be successful. Satan only wishes to cause enmity and hatred between you
through wine and gambling and to prevent you from the remembrance of God and prayer.
Will you not then desist?” (Quran 5:90 91)
o 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 : A group from the People of the
Scripture said: ‘Believe in what is revealed to those who believe at the beginning of the day,
then disbelieve at the end of the day, so perhaps they might return from faith .” (Quran 3:72)
Retribution

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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 involved to make this determination.
Important Rules Regarding Retribution
1. Retribution is not lawful except where the killing or injury was done deliberately. There is no
retribution for accidentally killing or injuring someone. God says: O you who believe, retribution
is prescribed for you in the case of murder... murder...” (Quran 2:178) And He says: There is
retribution in wounds ......”(Quran 5:45 ).
2. In the crimes where the criminal directly transgresses against another, Islam has given the wish of
the victim or his family an important role in deciding whether or not the punishment should be
carried out. Islam permits the victim to pardon the perpetrator because the punishment in these
crimes is considered the right of the victim. Islam even encourages pardon, promising a reward
in the hereafter for the one who does. God says: “ If anyone waives the right to retaliation out of
charity, it shall be an expiation for him .” (Quran 5:45)
3. The punishment must be carried out by the government. The family of the victim cannot carry it
out.
The Wisdom behind Retribution:
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 a 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.
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.

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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.
OBJECTIVES OF THE ISLAMIC PENAL SYSTEM
The First Objective: Islam seeks to protect society from the dangers of crime. It is common knowledge
that if crimes are not countered with serious punishments, then society will be in grave danger. Islam
seeks to make social stability and security widespread, making life in society secure and peaceful. It has
made this consideration a platform for action, legislating punishments that will discourage crime. This
purpose has been articulated by the following verse that discusses retribution and its effects on society: “
There is (preservation of) life for you in retribution, O people of understanding, that you may become
pious .” (Quran 2:179) If the murderer, or any other criminal for that matter, knows the extent of the
negative consequences for himself that his crime will cause, he will think a thousand times before
committing it. Awareness of the punishment will cause the criminal to abstain from committing the crime
in two ways. The criminal who has already been subject to the punishment will most likely not return to
the crime again. As for the rest of society, their awareness of the effects of this punishment will keep
them from falling into the crime. To realize the general effect of the punishment, Islam has established the
principle of publicly announcing when it will be carried out. God says: “A group of believers should
witness the punishment. punishment.” (Quran 24:2 )
The Second Objective: Islam seeks to reform the criminal. The Quran often makes mention of
repentance in association with the crimes that it deals with, making it clear that the door to repentance is
open whenever the criminal abandons his crime and behaves properly. It has made repentance a means of
waiving a fixed punishment in some instances, like the punishment for highway robbery. God says: “…
except for those who repent before you take hold of them. Then know that God is the Forgiving, the
Merciful.” (Quran 5:34) God says regarding the punishment for fornication: “ It they both repent and
mend their ways, then leave them alone. Verily, God is the Accepter of repentance, the Merciful .”
(Quran 4:16) This objective is seen more frequently with regard to discretionary punishments, whereby it
is incumbent upon the judge to take into consideration the circumstances of the criminal and what will
ensure his betterment.
The Third Objective: The punishment is a recompense for the crime. It is undesirable to treat a criminal
lightly who threatens the security of society with danger. The criminal should receive his just recompense
as long as he is pleased with taking the path of evil instead of the path of righteousness. It is the right of
society to be secure in its safety and the safety of its individual members. The Quran has asserted this
objective when mentioning a number of punishments. God says: “ The thieves, male and female, cut off
their hands as a recompense for what they have earned...earned...” (Quran 5:38)
Lecture 7
CRIMINAL JUSTICE SYSTEM IN PAKISTAN
INTRODUCTION

 The criminal justice system is defined as the set of agencies and processes established by
governments to control crime and impose penalties on those who violate laws. Criminal justice is
the system of practices and institutions of the government directed at upholding social control,

31
 deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and
rehabilitation efforts. It is one of the most important ingredients of any society in the world. It
describes the offences, punishments, procedures and ways to punish those who violate laws of the
society. The Criminal Justice System in Pakistan comprises five components i.e. the police,
judiciary, prisons, prosecution, probation, and parole.
OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

 enforcing the criminal law

 protecting the public by preventing and deterring crime
 advising people how to avoid victimization
 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 offense
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.
PILLARS OF CRIMINAL JUSTICE SYSTEM IN PAKISTAN
The entire criminal justice system in Pakistan is aimed at the judicial dispensation of criminal justice. It
stands on three pillars:
1. investigation
2. prosecution
3. trial
Only by the appropriate and balanced working of these pillars and within the respective domain can the
effective and smooth functioning of the system be possible.
ADVERSARIAL VS INQUISITORIAL SYSTEM
The Courts in Pakistan work under an adversarial system. Under this system, the job of the Courts is
only to decide whether the person accused of an offence is guilty or not. For instance, if a Court comes to
conclude that a certain offence has been committed but the accused alleged of having committed so, does
not prove to be the offender beyond a reasonable doubt, it is not for the Court to find the real culprit. The
duty shall lie on the police or the complainant as the case may be. In adversarial proceedings, the parties
play a dominant role. The onus of preparations of the proceedings is on the parties, and, the judge plays a
passive role and functions like an umpire.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in
investigating the facts of the case. Judges/magistrates act as investigators and supervise the role of police
in the gathering of evidence both for and against the suspect. The public can observe the trial but not the
investigation. Inquisitorial systems are used primarily in countries with civil legal systems, such as France
and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems.
CARDINAL PRINCIPLES OF THE ADMINISTRATION OF CRIMINAL JUSTICE
There are many cardinal principles of the administration of criminal justice which have been laid down by
the higher courts through their judgements pronounced from time to time for the guidance of the
subordinate courts. A few of them are given below:

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1. The prosecution has to succeed on its own merits. It has to prove the case against the accused beyond
a reasonable doubt. If any dent is created by the defence, it is to be resolved in favour of the accused.
2. It is the cardinal rule of criminal law that an accused is presumed to be innocent until the prosecution
proves its case against him beyond the shadow of reasonable doubt. If the prosecution fails in its duty,
which never shifts to the defence, the accused is entitled to benefit of the doubt.
3. Accused has no vested right to be tried by a particular Court. If the bare reading of allegations
levelled against him, prima facie make out a case to be tried by a Special Court to which it is sought
to be transferred, then no exception can be taken to it. Any other interpretation would lead to an
anomalous situation and would result in parallel proceedings
4. While deciding a criminal matter it is the quality and not quantity of the evidence which matters.
5. Each criminal case would stand on its own footing. Facts and circumstances in one case could not be
quite similar or on all fours towards the other
LEGAL FRAMEWORK OF CRIMINAL JUSTICE SYSTEM IN PAKISTAN
The legal basis of the criminal justice system of Pakistan includes the Criminal Procedure Act of 1898
CrPC ) and Pakistan Penal Code 1860 (PPC) which lay out the foundations, procedures and functions
of all components of the system starting from reporting of the case to police, its trial by courts, appeals
and correction at jails. The CrPC is the procedural law providing the mechanism to be followed in every
investigation, inquiry and trial for every offence under the PPC or other substantive criminal law. It is
divided into three stages: investigation, inquiry and trial.
1. The investigation includes all the proceedings under the Code for the collection of evidence by a
police officer or by any person (other than a Magistrate), who is authorized by a Magistrate on this
behalf
2. Inquiry consists of satisfaction of the facts by a Magistrate either on receiving a police report or upon
a complaint by any other person.
3. Trial refers to a judicial proceeding that ends in conviction or acquittal.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM IN PAKISTAN
ROLE OF POLICE

 The police have been entrusted under the law to protect the life and property of citizens of the
country. Criminal Procedure Code and Police Order 2002 provide necessary legal cover to the
police to perform this function and bring criminals to book.
 The police are the first and foremost component of the criminal justice system. Persons aggrieved of
highhandedness approach the police for legal protection and redressal of grievances. This forms the
basis of criminal activity and the foundation of the criminal justice system.
 Registration of FIR law requires any person taken into police custody to be presented before a court
within 24 hours, with the magistrate then determining whether, prima facie, there are grounds for a
case.
 To provide relief to the general public in the registration of FIRs and to counter delays, an
amendment was made in CrPC and justices of the peace were introduced by inserting a new section
22 A & B.
 Delay in registration of FIRs, non-registration of FIRs and the powers of a justice of the peace are
dealt with under the said section.
 It has also been observed that after the introduction of section 22A and B, the number of false FIRs
has increased as the FIRs which were usually not registered by the local police on suspicion of being

33
 false and fabricated, are now ordered under 22A of CrPC by the concerned justice of peace directing
local police to register the same. This has largely been misused.
 The investigation is carried out under the procedure given in CrPC as well as the guidelines given in
Chapter 25 of the Police Rules 1934.
 Once evidence is collected and grounds of involvement or innocence of the accused are established,
the investigating officer (IO) prepares challan for submission to the court.
 CrPC provides powers to the investigating officer to acquit any accused against whom no evidence of
involvement is found under section 169 but this practice is usually disliked by the courts and they
insist that the police should challan them under Column No.2 of the challan.
 This causes a delay in justice and puts the falsely implicated persons under undue torture and delay in
getting relief and being discharged
 All accused against whom no evidence is received should be released by the police. Under the law,
the investigation officer is bound to submit a challan within 17 days before the court.
ROLE OF PROSECUTION

 The decision to take a case to trial ultimately rests with the prosecutor. While the courts, prisons and
police represent the public face of the justice system, the relatively small prosecution services have a
lesser need for elaborate infrastructure than the other three. Nevertheless, they form the core of the
criminal justice system and their effectiveness determines the effectiveness of the system.
 Until 2002, prosecution services were part of the police. Each provincial force maintained its own
prosecution wing, comprising of law graduates of the rank of sub-inspector, inspector or deputy
superintendent.
 The Police Order 2002 separated prosecution services from police, bringing them under the Law
Department. Between 2003 and 2006, all four provinces passed a Criminal Prosecution Service Act
to establish “an independent, effective and efficient service for the prosecution of criminal cases, for
better coordination in the criminal justice system of the province”
 A Prosecutor General heads each provincial service, appointed by the provincial government. Below
him or her are Additional Prosecutors General, Deputy Prosecutors General and Assistant
Prosecutors General – there are District Public Prosecutors, Deputy District Public Prosecutors
and Assistant District Public Prosecutors at the district level.
 Separating police and prosecution was overdue, but the newly established service faces major
difficulties. Inducting recruits with criminal law expertise remains a major challenge, particularly as
the prosecution services have yet to develop their institutional identity
 Prosecutors with only three or four years of experience are serving as District Attorneys or
Assistant District Attorneys,” said a former Inspector General (IG) Punjab.
 A former Supreme Court Chief Justice added that “ To separate prosecution from the police, you need
to properly fund it and equip it with a competent lawyer. That has not happened.”
ROLE OF COURTS

 The courts are responsible for assuring that suspected criminals receive fair trials and for determining
the guilt or innocence of the accused. Pakistan’s courts are overburdened.
 International Crisis Group: At the start of 2020, excluding those before special courts and
administrative tribunals, there were more than 138,296 cases pending in the superior courts, including
the Supreme Court and provincial High Courts, and more than 2.6 million with the subordinate
judiciary
 Police, lawyers and judges agree that the number of courts needs to be doubled at a minimum.

34
 Following the hierarchy of courts is functional within Pakistan.
 Supreme court based in Islamabad. One chief justice, 16 other judges and 2 ad hoc judges. It is the
court of ultimate appeal and therefore the final arbitrator of law and the constitution. Its decisions are
binding upon all other courts.
 Federal Shariat court consists of 8 Muslim judges including the chief justice.
 High courts in each province.
o Sindh high court: 1 Chief justice and 27 other judges.
o Punjab high court: 1 chief justice and 49 other judges.
o KPK high court: 1 chief justice and 49 other judges
o Baluchistan high court: 1 chief justice and 8 other judges.
 Subordinate judiciary: Civil court they are present in every district of a province. Deal with civil
cases. District judge, additional district judge and civil judge class 1,2 and 3
 Criminal court: It is also present in every district of a province. Deal with criminal cases. Session
Judge, Additional session judge and Judicial magistrate classes 1,2 and 3.
ROLE OF PRISONS

 Prisons are overcrowded, with prisoners on trial accounting for more than 80 percent of the
prison population. Only 27,000 of the country’s roughly 81,000 prisoners have been convicted.
 Conditions are abysmal and prisoners’ rights are regularly violated, for example, remand
prisoners are assigned to laborious work in contravention of the law.
 This huge prison population also poses serious security implications law enforcement officials
refer to prisons as the ‘think tanks’ of militant groups, where networks are established and
operations are planned, facilitated by the availability of mobile phones and a generally permissive
environment. Prisons have thus become major venues of jihadi recruitment and activity.
 Probation is the judicial action that allows the offender to remain in the community, subject to
conditions imposed by court order, under the supervision of a probation officer.
 It enables the offender to continue working while avoiding the pains of imprisonment. In
developed countries, social services are provided to help the offender adjust in the community
counselling, assistance from social workers and group treatments as well as the use of community
resources to obtain employment, welfare and housing, etc. are offered to the offender while on
probation.
 In some countries community based correctional centres have been established for first-time
offenders where they live while keeping their jobs or obtaining an education.
 The parole system in our country is not much established. In other developed countries, the
convicted are selected for early release on the condition that they obey a set of restrictive
behavioural rules under the supervision of a parole officer
 The main purpose of early release is to help the ex-inmate bridge the gap between institutional
confinement and positive adjustment within the community.
FLAWS IN THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN
BRIEF ANALYSIS

 Inaccurate reporting of crime to the police

 Malpractices during litigation
 Delayed submission of challans to the courts by public prosecutors

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 Lopsided and long duration of trials where the accused is considered to be the favourite child of the
court
 Overcrowding of jails due to a large number of under trial prisoners
 Underdeveloped system of parole and probation and capacity issues
These weaknesses, especially capacity issues, are not restricted to any one segment of the criminal justice
system all components including law enforcement, judiciary and corrections/prisons equally fall short.
LAW REPORTS

 SA Rehman Law Commission examined the causes of delays in civil and criminal litigation and
recommended the appropriate amendments in relevant laws. The Commission, however, did not
suggest any radical change in the existing judicial system.
 Justice Hamood ur Rehman Law Reform Commission Report is a fairly comprehensive
report on the subject of delays in civil and criminal litigation. It did not find any major fault with
the existing legal system. The report listed recommendations under three categories namely
legislative action, strict application of existing laws/rules and administrative action. It proposed
an increase in the number of judicial officers and allied infrastructure to reduce the time in the
disposal of cases.
 Law Reform Committee Report recommendations were given to increase the number of judges
and provision of infrastructure to improve the work of investigation and prosecution officers.
 President’s Commission on Law Enforcement and Administration of Justice’s Challenge of
Crime in a Free Society suggested a systematic approach to criminal justice which improved
coordination among law enforcement, courts and correction agencies.
REFORMING THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN
COUNTRY PROGRAMME BY UNODC
Aims at strengthening the criminal justice system of Pakistan ranging from assisting police reform and
investigative process improvement, strengthening prosecution and judiciary services to addressing
challenges to prison management reform and alternatives to imprisonment while honouring the cross-
cutting areas in human rights protection of the vulnerable group.
The areas of priority are
1. the alignment of legislative and regulatory frameworks with international standards and
norms across the law enforcement agencies in the criminal justice chain;
2. targeted capacity building of individuals, institutions and training academies;
3. enhancement of coordination and cooperation among criminal justice actors, and
4. raising the awareness among the public regarding their rights in the criminal justice system
Slide 28 remains
OTHER RECOMMENDATIONS
1. The Criminal Procedure Code needs to be redrafted and amended with specific reference to police
responsibilities and powers for:
 Registration of FIR Section 154. Redesigning business procedure for simplified registration of
FIR

36
  Police powers to release accused during the course of an investigation if no evidence is found
under Section 169
 Repealing section 22A and B relating to the justice of the peace for the purposes of registration of
FIR.
 Redesigning the form for submission of challan under s.173 and the time frame for submission of
challan.
 Fixation of time frame to conclude trial by the courts once challan is submitted by police.
2. Amendments in Qanoon e Shahadat Ordinance should be made by
a) Including confession before a police officer as admissible evidence
b) Giving more weightage to circumstantial evidence as compared to an eyewitness account.
3. All offences to be made cognizable and the distinction of cognizable and non-cognizable to be
abolished.
4. Registering FIR by police and amending the law to provide for FIR should not be the basis for the
arrest of any accused. The arrest can be made based on warrants duly issued by the court after
examination of evidence produced by the police.
5. The importance of police stations in maintaining computerized records of all FIRs cannot be
overemphasized. It is necessary to devise a process for citizens to check the status of their FIRs and
complain to the proper authority in case of neglect. Online computerization of the registration of
FIRs, criminal investigation and court proceedings, along with jail authorities maintaining proper
coordination among all components of the criminal justice system will improve transparency and
reduce delays
6. A monthly progress review should be made on the district as well as provincial level by the Deputy
Commissioners/ DCOs and Chief Secretary to assess the working performance of all the components
of the criminal justice system.
7. All provincial High Courts and district courts should be made accountable for their performance to
the government, as there is often a gross misuse of the term “independence of the judiciary” by the
judiciary itself to ridicule other government institutions, for personal gains and satisfaction of egos.
8. Infrastructure development is necessary at the police station level as well as trial court level
9. The cost of investigations should be realistically calculated and budgeted accordingly.
10. Production of witnesses from both prosecution and defence sides should be ensured and the process
of serving should be updated electronically by developing a mechanism to record their evidence in
one sitting.
11. Ongoing empowerment and capacity building of police, judiciary and jail staff for timely and
efficient dispensation of justice and quick disposal of cases must be ensured.
12. Human resources must be enhanced i.e. the number of investigation officers and judicial officers, in
order to conduct trials more efficiently and reduce the pendency of cases under trial
13. Video conferencing should be encouraged to save the time and cost of travel otherwise carried out to
physically produce the accused before the court from the police station or jail.
14. The establishment of separate prisons for under trial and convicted prisoners and a more organized
system of probation and parole to reduce the burden on existing jails should be ensured.
Lecture 8
PUNITIVE AND REFORMATIVE TREATMENT OF CRIMINALS
THEORIES OF PUNISHMENT
Of the various theories of punishment, the following three are the most important and typical:

37
  Retributive
 Preventive, and
 reformative.
Retributive Theory:

 According to the retributive theory, the purpose of punishment is to seek revenge. It is the theory
described in the Old Testament as an eye for an eye and a tooth for a tooth.
 In Islamic jurisprudence, the concept of “ qasas ” also falls within the same category.
 According to the German philosopher Kant, the offender should not be punished for the reason
that it is the means to his or another’s benefit but for the simple reason that he has committed a
crime.
 A court of law repays to one only that which he has acquired. He has done the crime and it is
logical that the reward of his crime, the equivalent of his destructive value, be given to him.
 The punishment that society confers upon him does not deprive him of his right but gives to him
that which he has earned and deserves. According to Hegel and Aristotle, punishment is the
negative reward of the criminal, who acquires it by infringing the moral law. It is his award
which he must receive.
Preventive Theory:

 According to this theory, the aim behind punishment is to set an example for others and to
prevent them from criminal tendencies. In this way, the object of punishment is prevention.
 This theory is expressed by the judge’s formula, “You are not punished for stealing sheep, but in
order, that sheep may not be stolen.” This theory does not invalidate even capital punishment
because though there is no question of improvement of the criminal, the other people derive a
lesson not to indulge in homicide.
Reformative Theory:

 According to this theory, the aim of punishment is the improvement of the offender himself. The
modem age seems generally to favour and apply this theory.
 In this theory, the behaviour directed at the criminal shows him the consideration due to an
individual and not conduct analogous to the treatment of object and means. An offender is
punished for his own benefit. This theory concurs with the humanitarian trend. This theory has
been supported from many viewpoints. Some of the major ones are the following:
o Criminal Anthropology: Modern criminal anthropology propounds that crime is a
disease, a pathological state, or the state of inherited by acquired degeneration. Thus, it is
necessary to treat a criminal instead of punishing him.
o Hospitals, lunatic asylums, and welfare homes are better adapted to the execution of
projects to decrease crime than prisons. Crime is not the result of a willful violation of
moral law. The most usual causes of crime are mental or physical defects. For example,
kleptomania forces the patient to steal.
o Criminal Sociology: Criminal sociology emphasizes the responsibility of social
circumstances for a crime. Thus it is more efficacious to induce improvements in social
and economic conditions, to remove inequalities and immoralities than to punish the
criminal. Crimes can be stopped not by punishment but by the organization of human
society cm the basis of justice and equality.

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 o Psychoanalysis: Psychoanalysis joins hands with criminal anthropology and sociology in
supporting the reformative theory according to Freud and his followers, crimes are
caused by repressed complexes and tendencies of sex and jealousy caused by desires and
frustrated sexual passions. Thus, education and psychoanalytic treatment are needed for
preventing crimes instead of punishment. Crime is a mental or neural disease that can be
eliminated by searching out repressed unconscious complexes and transporting them to
the conscious level, finding their causes and affecting their sublimation through means
acceptable to society.
RECIDIVISM
INTRODUCTION

 Recidivism is one of the most fundamental concepts in criminal justice. It refers to a person's
relapse into criminal behaviour, often after the person receives sanctions or undergoes
intervention for a previous crime.
 Recidivism is an important feature when considering the core criminal justice topics of
incapacitation, specific deterrence and rehabilitation.
 Incapacitation refers to the effect of a sanction to stop people from committing a crime by
removing the offender from the community.
 Specific deterrence is the terminology used to denote whether a sanction stops people from
committing a further crime, once the sanction has been imposed or completed.
 Rehabilitation refers to the extent to which a program is implicated in the reduction of crime by
"repairing" the individual in some way by addressing his or her needs or deficits
 Desistance refers to the process by which a person arrives at a permanent state of non-offending.
In effect, an offender released from prison will either recidivate or desist. To the extent that
interventions and sanctions affect the process of desistance, the research overlaps.
MODERN INSTITUTIONAL STRATEGIES FOR THE RESTORATION AND REINTEGRATION OF
CRIMINALS IN SOCIETY:

 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 policymakers
and practitioners on identifying programs and strategies that will help prisoners successfully
reintegrate back into their communities without re-offending
 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.

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WHAT IS SOCIAL REINTEGRATION?
Social reintegration is often understood as the support given to offenders during their reentry into society
following imprisonment. A broader definition, however, encompasses a number of interventions
undertaken following an arrest to divert offenders away from the criminal justice system to an alternative
measure, including a restorative justice process or suitable treatment
It includes imposing community-based sanctions rather than imprisonment in an attempt to facilitate the
social reintegration of offenders within the community, rather than subjecting them to the marginalizing
and harmful effects of imprisonment.
For those who are sentenced to imprisonment, it includes correctional programs in prison and aftercare
interventions. The post-release, community-based component of these interventions has been variously
referred to as "aftercare", "transitional care", "re-entry" or "reentry support", reintegration, or resettlement
Social reintegration interventions can take place at various stages of the criminal justice process and even
outside of that process when offenders are diverted to alternative services and programs.
They cover a wide array of services and initiatives implemented or sponsored by the criminal justice
system, often complemented by collaborative schemes with community agencies and NGOs.
Slide 17 remains
GOALS AND ATTRIBUTES OF OFFENDERS REENTRY PROGRAMS
Reentry programs are often based on a case management approach and cover a range of interventions
These interventions are designed to assist offenders in preparing for their release from confinement by
helping them acquire the skill sets required to succeed in the community, addressing personal challenges
and the factors associated with their criminal behaviour, and establishing the necessary contacts and
relationships in the community. Many, if not most, of these programs, include some form of supervision.
Programs are typically developed on the basis of
i. the current understanding of the dynamic risk factors associated with recidivism,
ii. the typical needs of offenders, and
iii. the challenges they encounter upon their release from prison.
Programs vary according to the recidivism risk factors and the type of social integration challenges they
are designed to address. Traditionally, one could identify three main types of offender reintegration
programs:
i. institution-based programs (some of them offered by community-based agencies);
ii. surveillance-based transition programs, and
iii. assistance based transition programs.
Institutional Programs:
Institutional programs designed to prepare offenders to reenter society can include education, mental
health care, substance abuse treatment, job training, counselling, and mentoring
These programs are more effective when they are centred on a full diagnostic and assessment of
offenders.

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Some of these programs are offered prior to the release by community-based agencies that are equipped
to provide aftercare and follow up with the offenders following their release from confinement.
Surveillance Based Programs:
Surveillance based programs are centred on supervision of offenders in the community following release
from confinement. There are four models of parole supervision
1. Risk-based strategies operate on the premise that offenders are dangerous and need to be controlled
and closely monitored
2. Needs-based supervision strategies focus on offenders' criminogenic needs, which mean parole
supervisors help offenders get appropriate treatment in programs such as cognitive skills training and
addictions counseling.
3. The 'middle ground' position is a combination of the two deficit models. The amalgamation is
supposed to appease supporters of both models. However, the problem with this dual approach is that
parole officers tend to experience an uncertainty about which model should be used and when
4. The final (and least researched) supervision strategy is the 'strengths based' model which views
offenders as "assets to be managed rather than merely liabilities to be supervised".
Programs designed to offer support and assistance
1. Mentally Ill Offenders
2. Employment and Job market reentry programs
3. Lodging and Financial Assistance
4. Family Support
5. Substance Abuse Intervention
UNODC HANDBOOK ON PREVENTING RECIDIVISM
Preventing recidivism requires effective interventions based on an understanding of the factors that place
offenders at risk and make it difficult for them to successfully reintegrate into society.
Some risk factors are dynamic meaning that they are amenable to change whereas other (static) risk
factors are not

 Static risk factors do not change over time; they include aspects such as, inter alia, an offender’s
gender, criminal history, age at the time of arrest or prior mental health problems.
 Dynamic risk factors, on the other hand, can be addressed through interventions within or
outside the criminal justice system.
Slide 25 remains
Lecture 9
CRIMINAL INVESTIGATION
Basic Terminologies
Intent-Motive-Malice
Intent

 The intent is concerned with their willingness to carry out specific actions related to the offence.

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  Intention refers to a purposeful action and a conscious decision to perform an act, that is
forbidden by law.
 It is substantial to determine criminal liability
 Expressed
Motive

 Motive deals with an individual's underlying reasons for committing a crime.

 Motive alludes to the ulterior cause, that induces a person to do or abstain from doing a particular
act.
 It is insubstantial to determine criminal liability.
 Implied
When an act is done with bad intention, it is called malice. Malice in fact refers to the performance of an
act that may be legal, but with ill will, or hatred, or bad intention
Evidence and Proof
Evidence

 Evidence refers to information or facts that help us to establish the truth or existence of
something.
 Refers to the pieces of information and facts.
 Suggestive
Proof

 Proof is the sum of evidence that helps to prove something.

 Logical conclusion we arrive at after analyzing the evidence.
 Concrete and conclusive.
Circumstantial and Direct Evidence
Circumstantial Evidence, as the name suggests, is the evidence, based on circumstances or incidents,
which does not directly prove a fact, but it points out the guilt of a person indirectly, by linking the chain
of events to reach the final conclusion.
For Example

 Finger Print at the murder weapon

 Belongings of the accused at the spot where the crime took place
 Blood or DNA samples
 Foot Print
Direct evidence refers to the evidence which when held as true by the Court, outrightly proves the fact.
Personal knowledge of the witness or observation of the fact.
For example, It can be in the form:

 Testimony of witnesses
 Oral/written account of an eyewitness.
 Victim’s first-hand statement

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  Confession made by the accused
 CCTV footage
Criminal investigation and Crime scene investigation
The criminal investigation is an ensemble of methods by which crimes are studied and criminals
apprehended. The criminal investigator seeks to ascertain the methods, motives, and identities of
criminals and the identity of victims and may also search for and interrogate witnesses. It’s a holistic
approach.
Crime scene processing is one of the most crucial aspects of active and successful criminal investigations
Crime scene investigations which primarily deal with the identification, collection, proper packaging,
transport and analysis of evidence material is the result of forensic science.
The Basics
Criminal Investigation is the use of scientific methods to help identify suspects, gather evidence and
collect information (Apprehend), all of which are done in an effort to convict offenders.
The investigator must be able to construct hypotheses and draw valid conclusions relating to the problem
of when and how the crime was committed.
A complete criminal investigation can include searching, interviews, interrogations, evidence collection
and preservation and various methods of investigation. Although the criminal investigation system is a
worldwide phenomenon, each country has their own approach to the criminal investigation.
Similarly, Pakistan also has its own system, which mainly consists of the Code of Criminal Procedure
1898, Pakistan penal code 1860, Police Rules 1934 and Police Order 2002.
The term was coined back in 1750 by “Henry Fielding”. Sir Robert Peel established the Metropolitan
Police force, London. He is also called the father of modern policing. His principles for police are;

 Police must be stable, organized and trained along military lines.

 Police must be under government control.
 The absence of crime best proves the efficiency of the police.
 The distribution of crime news is essential.
 Deployment of police overtime and area is essential.
 No quality is more indispensable for a police commander than perfect control of temper.
 Good appearance commands respect.
 Securing and training proper people is the root of efficiency.
 Public security demands every police officer be given a number.
 Police HQs should be located centrally.
 Police should be hired on a probationary basis.
 Police records are necessary to correctly distribute police strength.
Principles of Criminal Investigation
The criminal investigation is an ancient science that may have roots as far back as c. 1700 BCE in the
writings of the Code of Hammurabi. In the code, it is suggested that both the accuser and the accused
had the right to present the evidence they collected.

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The key principle underlying crime scene investigation is a concept that has become known as Locard’s
Exchange Principle. It states that whenever someone enters or exits an environment, something physical
is added to and removed from the scene.
This principle is generally summed up by stating:
“ The logic behind this principle allows investigators to link suspects to victims, to physical objects, and
to scenes. Any evidence that can link a person to the scene is referred to as associative evidence. This
may include items such as fingerprints, blood and bodily fluids, weapons, hair, fibres and the like. This
type of evidence answers the question “Who did this?” While associative evidence links people to the
place of the crime, reconstructive evidence allows investigators to gain an understanding of the actions
that took place at the scene. A broken window, a blood spatter pattern, bullet paths and shoe prints can
all reveal what actually happened. This type of evidence answers the question, “How did it happen?”
every contact leaves a trace.”
There are a number of investigative principles which are widely accepted within the police service. The
principles are underpinned by the recognition that policing works best where it has the support and
cooperation of the community.
These principles propose that:

 the exercise of legal powers should not be oppressive and should be proportionate to the crime
under investigation.
 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
 investigators should take all reasonable steps to understand the particular needs of individuals,
including, but not limited to, any protected characteristics they may have, in order to comply with
the principle of fairness and impartiality.
 investigators should have particular regard for vulnerable people and children
 investigators should respect the professional ethics of others. This is particularly important when
working with those whose role it is to support suspects
 These principles, the investigation process, and an investigative mindset provide a structure to
support quality investigations.
Good investigations are based on eight fundamental principles (INTERPOL GUIDELINES)

 Investigators must be as independent as possible.

 Investigators must be trained and experienced.
 All potentially relevant issues must be identified and, where appropriate, pursued.
 Investigations must be sufficiently resourced.
 All relevant physical and digital evidence must be identified, preserved, collected and examined
as necessary.
 All relevant documentation must be secured and reviewed.
 All relevant witnesses must be identified, segregated, practical and thoroughly interviewed.
 The analysis of all the material gathered during the investigation must be objective and based
solely on the facts.
Objectives of Criminal Investigation

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5 W’s and 1H:

 WHY?
 WHAT?
 WHERE?
 WHEN?
 WHO?
 HOW?
Preliminary Investigation
The actions are taken immediately after the occurrence of crime and its reporting to the police:

 Receipt of information and initial response.

 Emergency care.
 Crime scene control.
 BOLO alert> be on the lookout.
 Crime scene determination
 Evidence.
 The report.
Follow Up Investigation
Subsequent investigation is as follows;

 Contacting witnesses who left the scene.

 Checking out suspect alibi ( defence
 Gathering additional evidence from other locations.
 Talk with informants.
 Attempt to locate additional witnesses.
 Evaluate evidence collected and laboratory results of tests.
 Obtain a search and/or arrest warrant.
 Recover stolen property.
 Confer with the prosecutor.
Information sources for a Criminal Investigator
The following may help the investigator make decisions:

 colleagues and supervisors

 experts (, crime scene investigators (CSI), fingerprint experts, forensic scientists, forensic
psychologists, police search advisers ( PolSA)
 crime and criminal intelligence databases (local, force, national)
 other databases ( police online knowledge area (Knowledge Hub), serious crime analysis
section)
 local and national media
 police journals
 Home Office science, research and statistics documents
 seminars

45
  briefings
 internal reviews
 national police library.
Awareness for Criminal Investigation
Being aware of an offender’s modus operandi (MO) helps the investigator to:

 understand how a particular crime has been committed, the type of material that may have been
generated in the commission of the offence and how or where this material might be recovered
 identify linked series of crimes committed with the same MO, (pooling material from a linked
series of crimes can be a highly effective way of progressing an investigation)
 identify links between crimes and known offenders who use the same MO
 predict future offending patterns, which may enable preventive or protective measures to be taken
 predict future offending patterns, which may enable offenders to be caught red-handed
 identify likely disposal routes and markets for stolen or illicit property, eg,
 Useful knowledge on criminal investigations can be obtained from national and local intelligence
briefings and individual intelligence and crime reports.
Victims, witnesses, community role in a criminal investigation
In addition to carrying out effective investigations, victims, witnesses and communities expect the police
service to provide:

 security
 victim and witness support
 reassurance.
By building a relationship with victims and witnesses, the investigator is able to keep them informed
about the various resources available to them, eg, victim support, crime reduction advice and reparation
By engaging with suspects, the investigator has an opportunity to obtain material relating to criminality in
the local and wider community. This then assists in reducing crime and the fear of crime in the
community. Integrated offender management is an effective approach that may prevent or reduce repeat
offending.
Policing Paradigms
Reactionary Policing

 It is based on the one purpose reaction to crime to subjugate the crime and criminals, not directed
to maintain peace.
 In any society, it is institutionalized by police still in practice in Pakistan.
 Primarily based upon two tangents:
o Response time
o No. of cases solved / no. of cases reported.

Community Policing

 Objective service not use of force.

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  Purpose crime prevention, bridge trust deficit, non-hesitant public, public interaction, CBMs
results in less crime.
 Methods patrolling, watch and ward, Qoumi Razakaans, PR between police and sectors.
Intelligence-led policing

 Crime is predictable w.r.t time, place, nature and circumstances.

 Not all offences are done by first-timers repeated offenders.
 Hotspots and types of crimes.
 It focuses upon “ Ratcliffe’s 3i’s model”.
 Impact decision making > influence analysts > intelligence criminal environment
Public-Private Partnership

 Earliest models commission, bounty hunters etc.

 Contemporary models security companies, rehabilitative and diversionary programs, observation
homes and role of NGOs and public financing.
Lecture 10
CRIMINAL INVESTIGATION IN PAKISTAN
Code of Criminal Procedure draws a distinction between investigation and Inquiry.
Section 4(l) of the Code of Criminal Procedure defines Investigation as following: “Investigation
includes all the proceedings under this code for the collection of evidence conducted by a police officer
who is authorized by a Magistrate in this behalf.”
Whereas, Section 4(k) states: “Inquiry includes every inquiry other than a trial conducted under this
Code by a Magistrate or Court.”
STEPS OF INVESTIGATION in Pakistan

 In Pakistan investigation of offences under Pakistan Penal Code 1898 is conducted under Part
V, chapter XIV of Code of Criminal procedure 1898 and police Rules 1934.
 In case of offences created under special Laws, there is a separate law that regulates procedures
of investigation e.g, anti-corruption and antiterrorism court, Federal Investigation Agency etc.
 Investigation begins with a response to a reported incident i. e; lodging of FIR u/s 154 Cr. P.C,
and ends when it is closed either with the assessment that there is no sound evidence that the
crime was committed (cancellation report) or with the submission of one or more reports
describing what was done (submission of challan in Court through the prosecutor).
 Cr.P.C. limits the scope of investigation only to the collection of evidence; an investigating
officer is confined only to collect evidence without formulating any opinion as to guilt or
innocence of the accused.
 Another important aspect is an authorization. A person cannot assume the role of investigator.
Investigation can only be done by a police officer or a person authorized by a Magistrate.
 Evidence means “anything that tends to prove or disprove anything”.
 In the strict sense of Qanun-e-Shahadat Order 1984, the evidence includes all statements which
the court permits or requires to be made before it by the witness in relation to matters of fact
under inquiry; such statements are called Oral Evidence. All documents produced for the
inspection of the court, such documents are called Documentary Evidence.

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  In Pakistan, two modes have been provided in the Criminal Procedure code 1898, to set a criminal
law in motion:
1. First Information Report ( Generally called FIR) and
2. Complaint
 FIR is lodged under section 154 of Cr. P.C, whereas complaint is lodged by the aggrieved person
under section 200 of the same code.
 The Cr. P.C has divided the offences into two classes, COGNIZABLE and NON-
COGNIZABLE offences.
For the former, a police officer may arrest the accused without a warrant from a magistrate while for the
latter, the police officer is not competent to arrest without a warrant.

 Stages of criminal investigation:

o Investigation - police officer either himself or under magistrates order investigates a case
if seen an offence been committed then sends the case to magistrate,
o Inquiry - trial, ascertains facts to either convict, discharge or acquit him and,
o Trial - accused is place on trial before the sessions court.
 In Pakistan, the SHO (station house officer) is empowered to investigate the case himself or to
depute a subordinate to proceed to the spot to investigate the facts and circumstances of the case
and if necessary to take measures for the discovery and arrest of the offenders.
 Phases of investigation - the main objective of a police investigator is to gather all facts in order
to:
o Identify the suspects through confession, eye witness testimony, circumstantial evidence
and associate evidence.
o Locate and apprehend suspects.
o Gather and provide evidence to establish the guilt of the accused in court.
 Typical evidence in an investigation- photos, sketching scene crimes, written notes of
observations, fingerprints, tape recordings, plaster cast. CCTV footage, witness statements.
POWERS OF POLICE UNDER CR.P.C.
 Investigation powers are enlisted from section 154 – 173 of Cr.P.C.
 Under sec. 156 of the code of Criminal procedure 1898, a police officer is authorized to conduct an
investigation in cognizable cases without the order of the Magistrate,
 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.
 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.
 The Officer in charge of the police station may require another to issue a search warrant u/s 166
Cr.P.C.
 A police officer shall day by day enter his proceedings in investigation diary u/s 172 Cr.P.C.
DEFECTS IN INVESTIGATION CARRIED OUT IN PAKISTAN

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Unfortunately, investigation in Pakistan is not conducted properly and thoroughly and is responsible for
the collapse of the Criminal Justice system. The integrity of the investigation is very critical for the
admissibility of evidence in a court of law. Major defects in Criminal investigation in Pakistan are:
1. Lack of proper knowledge of prescribed procedures to conduct an investigation
The investigation is a failure in our country due to a lack of knowledge, proper training and
development of skills. Common examples of lack of knowledge and skills that result 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 offence falls under what jurisdiction and which agency shall hold an
investigation.
 Lack of knowledge of proper procedure e.g., the procedure for the proclamation of accused and
seizure of property.
 Lack of training to collect biological and other evidence at a crime scene and due to improper
collection important evidence at a crime scene is contaminated before it reaches the laboratory for
analysis and consequently, important evidence is either lost or compromised at a crime scene.
2. Lack Of Professionalism:
 A major reason for the failure of our justice system is a lack of professionalism and an
irresponsible attitude towards Criminal investigation.
 Procedures are not followed and adherence to standards is not in existence. The investigation
process is influenced by media, political pressure and corrupt practices. Investigators mostly
hold panchayats instead of collecting evidence to support charges or establish guilt.
 Similarly, opinions as to innocence or guilt are given by police officers without reasoning and in
absence of evidence. They do not verify the alibi of the accused if claimed and usually give an
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 the collection of evidence.
3. Biased Investigation - Lack of Impartiality:
 Impartiality means decisions must be based on sound reasoning and without any undue
influence or favour 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 the results of the investigation. Various elements can
affect the impartiality of an investigator. Bias can take various forms e.g., religious bias, racial
discrimination, gender, ethnicity, sect, class or caste, all can influence the investigation. However,
there is a distinction between holding a bias and acting as a bias.
Role of Logic, Good Observation and Good Judgment:

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  Every crime is unique. There is no universal formula to investigate a case. A good
investigation requires proper planning. it is teamwork that cannot be done in isolation. The
composition of the team depends on the nature of the crime.
 A crime scene is a scene of an incident irrespective of whether a criminal or illegal activity
has been established.
 When arriving at the 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 the story narrated
to them by the witness.
5. Integrity:
 Twisting of facts is not very uncommon. It happens in almost every case. Facts are twisted
by parties in order to either involve innocent or to destroy evidence. In unseen murder cases
usually witness are planted, in dacoit cases usually, identification parades are not held, instead,
this requirement of the law is fulfilled by the insertion of a supplementary statement that never
discloses the source of information.
 Observations made are not brought on record. Confessions are not recorded before
Magistrate and police confession forms part of police diary which is neither admissible nor can
secure a conviction.
 Injured victim dying declaration is not recorded, or if recorded no independent person is
cited in whose presence such dying declaration is recorded. Similarly, the statement of an injured
witness is recorded without making an enquiry from a doctor regarding whether such an injured is
in a position to make a statement or not.
 These are all issues that have an impact on the integrity of evidence collected and
produced during trial. How a court can convict a person when there is no evidence or there is
evidence that is tainted
6. Improper Documentation:
 The gravest defect of our investigation is improper and inadequate documentation. A court can
formulate opinions only on basis of those facts that are relevant and are brought on record. If the
statement of an important witness is not reduced to writing by a police officer, how the court can
determine facts that were witnessed by a witness which is not included in the calendar of
witnesses by the police officer during submission of challan.
 Similarly, omission on part of the police officer to mention the description of a crime scene,
position of body and articles found on a crime scene can seriously destroy the prosecution case.
 Usually, police officers do not take into possession crime empties and thus prosecution is
deprived of the opportunity to prove an important piece of evidence that can establish a 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

50
 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 a 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 a fatal impact on the fate of a Criminal case. Delay on part of the
police in sending corpses for postmortem examination, delay in recording statement of a witness,
delay in holding an identification parade, delay in sending parcels to a laboratory for expert
opinion are all considered fatal to the prosecution case and this delay is caused by the negligence
of police.
REMEDIES FOR IMPROVEMENT IN CRIMINAL INVESTIGATION IN PAKISTAN
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 investigators should have relevant expertise to investigate that crime.
 An investigator who has never conducted an investigation in forgery should not be allowed to
investigate that offence instead of this he should be assigned a task according to his expertise and
interest and knowledge.
2. Development of investigation protocols:
 It is very important to develop various protocols in the shape of guidelines and instructions or
standard procedures that must be followed in the investigation of different offences.
 For example, an investigation of a murder case should include more than just the 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 training must be carried out in letter and spirit rather than being conducted as a formality.
3. Development of professional attitude:
 A police officer should develop a professional attitude. Government and our media also play a
vital role. Both government and media should stop exploitation and should not interfere with the
process of investigation. The media should be briefed only when the investigation has been
completed. Political parties should not dictate police officers rather they should be allowed to
proceed with an investigation without being influenced. Illegal practices of holding panchayats,
formulating opinions of investigation on basis of the oath, and deciding cases in police stations
must be stopped. It is the duty of the police to collect evidence without compromising its integrity
and it is the duty of the court to determine guilt or innocence on basis of evidence. An
investigator is not a party to a criminal case. He must be impartial.

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  We cannot correct police until we provide honest police officers privilege of not
being dismissed on frivolous grounds and stop safarish and baradari system we are facing two
problems one is we promote baradari culture by giving undue favours and second honest persons
are threatened Of being dismissed from service.
4. Independence of investigation wing
 The investigation wing of police must be independent. There should be no interference at the
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 the investigation if destroy evidence or
temper it 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 the 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 the rapid development of technology, investigators must be provided with training and
continuous development. An incentive should be given on basis of merits otherwise they shall
further deteriorate the existing system.
 The use of computers, technology and modern investigation techniques must be taught and
inculcated among police officials.
Legal and ethical guidelines for investigators
Ethics are more important than laws — Wynton Marsalis
This raises the question: how can a police officer who carries little respect for ethical and moral values, be
a true custodian of human rights and uphold the supremacy of the law?
 In Pakistan, observance of ethical norms in policing remained confined to individuals primarily, and
not institutions. However, to inculcate ethical values that were synchronized with the ideals of human
rights, Article 114 of the Police Order (PO) 2002 was formulated.
 To regulate police practices under Article 114 of PO 2002, it is imperative that the provincial and
capital cities’ chiefs issue the Code of Conduct. It includes practical guiding principles regarding
stop, searches and the arrest of individuals, the search of premises, seizure of property, interviewing
victims and the interrogation of the suspects.
 A police officer violating the Code of Conduct shall be punished under Article 113 with dismissal,
suspension, compulsory retirement or reduction in rank. Under Article 24 of the PO 2002, upon
appointment, every police officer shall take the oath of his responsibilities.

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 The Code of Ethics is not to be merely regarded as a bunch of ideas and hence, requires conversion
into reality.
 Its practical manifestation is linked with numerous variables:
i. including the commitment of the political elite to public safety,
ii. efficacy of the public safety apparatus,
iii. quality of training, public cooperation and
iv. the work-station environment of police stations.
 Article 156 of the PO 2002 defines penalties for certain types of misconduct of a police officer.
 Under Article 15(3) of the PO 2002, in exceptional circumstances, on the basis of misconduct,
the CCPO and the DPO may be removed from their assignments.
 Article 44 empowers the district public safety commission to receive complaints regarding the
misconduct of a police officer and take action.
 Article 100 empowers the National Public Safety Commission to receive complaints of
misconduct against the law-enforcement officer working for any federal law enforcement agency.
 Article 155 prescribes a penalty for certain types of misconduct.
Though PO 2002 provides an elaborate apparatus for ethical conduct, since Sindh and
Baluchistan reverted to the Police Act of 1861, two provinces are without a legal framework for
ethical conduct. In the remaining two provinces, the ideals of PO 2002 are yet to be converted into
reality.
CODE OF CONDUCT FOR PUNJAB POLICE OFFICERS
 HONESTY AND INTEGRITY: It is of paramount importance that the public has faith in the
honesty and integrity of police officers. Officers should, therefore, be open and truthful in their
dealings; avoid being improperly beholden to any person or institution; and discharge their duties
with integrity, honesty and professionalism.
 FAIRNESS AND IMPARTIALITY: Police officers have a particular responsibility to act with
fairness and impartiality in all their dealings with the public and their colleagues.
 CORRUPTION: Police officials shall not commit any act of corruption. They shall also
rigorously oppose all such acts. Corruption should be understood to encompass the commission
or omission of an act in the performance of or in connection with one’s duties, in response to
gifts, promises or incentives demanded or accepted, or the wrongful receipt of these once the act
has been committed or omitted.
 POLITENESS AND TOLERANCE: Officers should treat members of the public and colleagues
with courtesy and respect, avoiding abusive or derogatory attitudes or behaviour. Particularly,
officers must avoid favouritism of an individual or group; all forms of harassment, victimization
or unreasonable discrimination; and overbearing 2 conduct to colleagues, particularly to one
junior in rank or service.
 USE OF FORCE:

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 i) Against Individuals: A police officer defending himself, or lawfully enforcing his
authority, shall act using minimum force.
ii) Against Crowd: The main principle to be observed is that the degree of force employed
shall be regulated according to the circumstances of each case. All attempts to disperse a
crowd by warnings, exhortations, etc., shall be made before it is declared an unlawful
assembly and, as such, ordered to disperse
 ABUSE OF AUTHORITY: No police officer may inflict, instigate or tolerate any act of torture or
other cruel, inhuman, or degrading treatment or punishment nor any police officer may invoke
superior orders, on the pretext of a threat to national security, internal political instability or any
other public emergency as a justification of torture or other cruel, inhuman, or degrading
treatment or punishment.
 PERFORMANCE OF DUTIES: Officers should be conscientious and diligent in the performance
of their duties. Police officers shall at all times fulfil the duty imposed upon them by law, by
serving the community and by protecting all persons against illegal acts, consistent with the high
degree of responsibility required by their profession.
 LAWFUL ORDERS: The police is a disciplined organization. Officers must obey all lawful
orders and abide by the provisions of the Police Order.
 CONFIDENTIALITY: A police officer should neither use any information which he comes
across in the course of his duties for personal benefit nor should it be divulged to other parties
except in their proper course of police duty.
 APPEARANCE: Unless on duties which dictate otherwise, officers should always be well turned
out, clean and tidy whilst on duty in uniform or plain clothes.
 PROTECTION OF HEALTH IN CUSTODY: Police officers shall reasonably ensure the
protection of the health of persons in their custody and in particular shall take immediate action to
secure medical services for all persons held in custody; this condition applies to all across the
board and is mandatory.
 Police Officers must ensure the rights & privileges available under the law in respect of persons
taken into custody. Information about persons arrested must be communicated to the person of his
choice, as envisaged in the Police Order, 2002. During custody, no Police Officer must inflict,
instigate or tolerate any act of torture and degrading treatment with the accused.
 PARTICIPATION IN POLITICAL AFFAIRS AND VOTING: No police officer shall take part
in or subscribe in aid of any political movement or political party. Where there is room for doubt
whether action, which a police officer proposes to take, contravenes this rule the orders of the
Inspector General shall be obtained.
 POWERS OF SEARCH OF PERSONS AND PREMISES : During the personal search of a
person or any snap checking or after formal arrest, principles of decency should not be lost sight
of. Regarding the arrest and search of women, Police Rule 26.18-A is very clear and under no
circumstances these instructions should be violated
 All legal formalities provided in Section 165 & 166 of Cr.P.C. for the search of the premises for
the purpose of investigation must be fulfilled. During the search of premises, efforts should be

54
 made not to cause any inconvenience to innocent inmates, with special regard to the modesty of
female inmates.
 EMPLOYMENT: A police officer is forbidden from taking up any employment whatsoever other
than his duties, save with the express and written permission of the Inspector General of Police.
 EXTRA DEPARTMENTAL INFLUENCE NOT TO BE SOLICITED : Police officers of all
ranks are forbidden to approach officials of other departments or non-official gentlemen for
support in pressing individual claims in the matter of promotions, transfers, punishments and
appeals.
 POLICE OFFICERS NOT TO INDULGE IN SPECULATION : No police officer shall habitually
buy and sell any share stock, certificate, schedule, coupon, debenture or other security
appertaining to public funds or companies whose value notoriously fluctuates from time to time.
 COMMUNICATION TO THE PRESS: It is desirable that the services of the newspaper and
electronic media should be utilized for securing publicity with regard to police regulations and
orders affecting the public, and for disseminating information through which public assistance
may be enlisted in the detection of crime and the arrest of criminals, or public anxiety may be
allayed.
 GENERAL CONDUCT: Whether on or off duty, police officers should not behave in a way that
is likely to bring discredit to the police service. Every police officer shall keep his temper
thoroughly under control, shall act with courtesy on all occasions and shall not allow his
composure to be disturbed by the behaviour of others towards him.
ETHICs IN LAW ENFORCEMENT IN PAKISTAN- MUHAMMAD ALI BABAKHEL
 In developing societies, blind compliance of culture within the police badly compromised the
observance of the ethical code of conduct. Because, in such countries, the police edifice rests on
colonial fabrication, hence the elite class gets preference over the weaker segments.
 Police organizations, established on colonial preferences, are averse to ethical standards; hence its
democratic transformation seems a gigantic task.
 Maintenance of order in a society warrants observance of ethical policing standards. However,
police leadership, having respect for ethics, supports the reporting of professional misconduct.
 In Pakistan, the motorway police are the only exception where, as per procedure, the duty officer
himself goes to the violator and after greeting the violator informs him about the nature of the
violation and the consequence. Furthermore, whenever a new traffic regulation is introduced in
the first phase, the commuters are educated through briefing officers and road safety literature.
 Punitive behaviour, inculcated during training sessions, badly affected the curative passions of
law enforcers.
 Arrogance within the chain of command kills the positive virtues, and thus, often, low-ranking
officials feel frustrated. Consequently, the low-ranking officials are averse to professional ethical
norms.
 In our cultural context, reporting professional misconduct within an organisation is regarded as
unethical. Therefore, those who are conscious of this obligation, avoid the reporting of

55
 professional misconduct of fellow officers. The few who dare, are not seen as part of the
fraternity.
 In decision-making processes, the ‘character of officers’ and ‘quality of leadership’ are the most
influential factors. However, a strong lobby within the police thinks imparting knowledge about
ethics is a waste of time.
 RECOMMENDATIONS:
I. To improve ethical standards, technological solutions may also help police organizations.
Policies, as well as procedures for lodging complaints, need to be available on websites.
II. Furthermore, ethics are to be incorporated into the training curriculum.
III. Police misconduct includes impolite behaviour, corruption and the misuse of power. With
an increased quality of supervision, the incidence of misconduct may be reduced.
IV. To improve ethical standards, professional police organisations introduced the concept of
‘whistleblowing’. The introduction of such practices requires encouragement, reward and
protection.
Lecture 11
TYPES OF CRIMINAL INVESTIGATIONS
INTELLIGENCE-BASED OPERATIONS/INVESTIGATIONS
 A new approach, which is Intelligence-based Investigation (IBI), is through intelligence fact
gathering.
 Intelligence-based Investigation (IBI ) is a methodology that is essential in producing efficient
and effective intelligence for the purposes of open investigations.
 The IBI approach not only shortens the completion time of an investigation but also enables
effective pooling of various expertise needed in dealing with complex investigations to yield
positive outcomes in every investigation.
 With advanced technology equipment, networking facilities and complete one-stop office
facilities
 Outlining of new SOPs and assembly of operational toolkits are currently in their pilot stages of
implementation and development of structured training modules.
 Intelligence always involves a degree of interpretation resulting in an inevitable degree of
speculation and risk. The amount of speculation and risk is dependent upon the quality and
quantity of information. Intelligence is usually divided into two main areas:
o Strategic intelligence: Focuses on the long term aims of law enforcement agencies. It
typically reviews current and emerging trends changes in the crime environment, threats
to public safety and order, opportunities for controlling the action and the development of
counter programmes and likely avenues for change to policies, programmes and
legislation
o Operational intelligence: Typically provides an investigative team with hypotheses and
inferences concerning specific elements of illegal operations of any sort. These will
include hypotheses and inferences about specific criminal networks, individuals or
groups involved in unlawful activities, discussing their methods, capabilities,

56
 vulnerabilities, limitations and intentions that could be used for effective law enforcement
action.
DATABASE INVESTIGATIONS
Database servers store sensitive information. Database forensics refers to the branch of digital forensic
science specifically related to the study of databases and the data they keep.
Database forensics look at who access the database and what actions are performed. Large data security
breaches are a large problem, and criminal investigators search for related information
Modern criminal investigations often involve database forensics as investigators search for motives and
methods and try to identify suspects. Database forensics can also be used to verify commercial
agreements, such as a recent legal dispute between two large companies regarding whether database
software had accurately calculated the residual value of a fleet of 45,000 leased cars.
Experts in database forensics need to be well versed in almost all aspects of database development and
use, as they have to preserve, authenticate, analyze and output data from large, custom-built databases
that cannot just be copied and taken back to the office for further investigation.
ELECTRONIC INVESTIGATIONS
Electronic discovery (also known as e-Discovery or eDiscovery) is a type of investigation that locates
digital information with the intent of using it as evidence in a litigation
In some ways, it is similar to many computer forensic investigations where evidence is analyzed and
reviewed using a document review platform. Documents are reviewed in their native file, as a PDF, or in
TIFF format after conversion. The platform provides investigators with the ability to search through large
amounts of electronically stored information, or ESI, quickly and efficiently
What types of electronic data are used during an investigation?
When practising the process of electronic data discovery, any and all data types are analyzed and
reviewed for litigation purposes. To name a few:
 Email messages
 Software programs
 Plain text/images
 Web pages
 Word processing files
 Spreadsheets
 Metadata
 Databases
What happens during electronic data discovery investigations?
Electronic data discovery investigations generally begin when a business or individual contacts a private
investigator and expresses the concern that something is wrong with their electronic data.
An investigator may advise a client to take steps right away, such as gather all related data files or shut
down a specific computer

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The investigator will visit the scene, speak with clients or others involved, and carefully examine the
computer system or the electronic files affected. Generally, investigations revolve around the contents of
the hard drive on a specific computer
Investigators create a digital copy of the hard drive and further investigate using the copy rather than the
original, which is secured and stored in its original condition.
Depending on the exact situation, an investigator may use surveillance, computer investigation, network
investigation, internet use investigation, data recovery techniques, special software, and other types of
techniques to gather evidence and resolve the problem
FORENSIC INVESTIGATIONS
What is Forensics Science:
 An introduction to Forensic Science defines it as “The application of science to those criminal
and civil laws that are enforced by the police agencies in a criminal justice system”.
 Forensic Science deals with the application of the knowledge and methodology of various
disciplines of science to legal matters
 It involves the use of multiple disciplines such as physics, chemistry, biology, computer science
and engineering for evidence analysis.
 For instance, physics is used to understand the pattern of a blood spatter, biology to establish the
source of an unidentified suspect and chemistry to determine the composition of drugs.
 Thus, the role of forensic science in criminal justice and the legal system is highly critical but is
often underrated.
The scope of Forensic Science:
 Forensic Biology/DNA: Apart from fingerprint analysis, DNA profiling is the other commonly
used forensic technique in criminal investigations. DNA being as unique to an individual as
fingerprints, help forensic professionals identify or confirm an unidentified person, or to
eliminate suspects from a list of accused. The biological evidence most commonly used for DNA
profiling include blood, saliva, semen, skin, urine, and hair. However, DNA fingerprints are
usually never used as a single piece of evidence in a court of law.
 Forensic Odontology: Forensic odontology helps in the identification of victims when the body
is left in an unrecognizable state. This is achieved through an examination of their teeth, the
alignment, and the overall structure of the mouth. Forensic dentists or odonatologists aid in the
comparative identification of a person by examining the development and anatomy of the teeth
including any restorative dental corrections such as a filling. It is often applied to criminal
investigations for bite mark analysis.
 Controlled Substances: Chemicals that are legally recognized as having the potential for abuse
are called controlled substances. This includes street drugs ” such as ecstasy or heroin and
prescription drugs such as oxycodone. The ability to detect and identify such controlled
substances plays a crucial role in aiding law enforcement agencies in their fight against drug
abuse and drug-based violence.
 Forensic Toxicology: Forensic Toxicology involves the analysis of biological samples to check
for the presence of toxins and drugs. This branch of forensic science is of prime importance in
road accidents, poisoning, sexual violence etc. The toxicology reports furnish key information
about the nature of substances present in an individual pertaining to an incidence. It also
determines whether the number of substances are normal as per a therapeutic dosage or exceed

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 the permissible level. Since newer variants of drugs are developed each day, this branch of
forensic science is ever-evolving and demands upto date approach.
 Forensic Anthropology: This deals with the examination of compromised human remains or
skeletons to help determine age, height, gender, and ancestry. It also helps establish the time since
death by identifying and examining injuries, if any. These analyses give valuable leads to
investigators on identifying victims, especially in cases where the bodies are beyond recognition.
 Forensic Pathology and Medicolegal Death Investigation: Forensic pathology is a branch of
pathology that helps determine the cause of death by examining a corpse. Forensic medicine thus
involves the collection and analysis of medical samples to deduce facts admissible in the court of
law. For instance, identification of wound patterns can help determine the weapon used to inflict
the wound. Additionally, forensic pathologists can examine exit and entry wounds in deaths
pertaining to the use of firearms or other projectiles. A forensic pathologist can, therefore, draw
crucial inferences on whether the death is natural, criminal or accidental.
 Impression and Pattern Evidence: Impression evidence is the evidence created when two
objects come in contact with enough force to create an impression. This could involve a two-
dimensional impression such as a fingerprint or three dimensional one such as the marks on a
bullet. Pattern evidence analysis involves the identification and analysis of additional information
within an impression. Impression and pattern evidence when used in conjunction can help
establish vital links between a suspect/tool to a crime scene.
 Trace Evidence: Evidence such as fibres, soil, hair, gunshot residue, wood, and pollen are some
of the many examples of trace evidence. It derives its name from its tendency to be easily
transferrable between objects, people or the environment during a crime. Trace evidence often
plays a pivotal role in establishing a prime link between a suspect and the victim. For instance, a
soil sample obtained from the shoes of a victim can give critical clues on the location of the crime
and thus help in tracing the perpetrator.
 Cyber Forensics: Cyber Forensics involves the analysis of evidence found in computers and
digital storage media like pen drives, hard disks etc. Its major objective is identifying, preserving,
recovering, analyzing, and presenting facts and opinions about digital information. Although it is
mostly used for the investigation of cybercrimes, it is also widely used in civil proceedings.
Cyber Forensics has been used in criminal law since the mid-1980 s, some notables ones being
the Sharon Lopatka homicide case, and the conviction of Dennis Rader, Dr Conrad Murray-
Micheal Jackson s personal physician, and Joseph E. Duncan III.
 Ballistics: Ballistics is a specialized forensic science that deals with the motion, behaviour,
dynamics, angular movement and effects of projectiles, such as bullets, rockets, missiles, bombs
etc. The use of ballistics in forensics is mainly in criminal investigations. For instance, the
examination of the bullet found at a crime scene can reveal what type of gun was used to fire it
and whether it is associated with any other crime in the past. In fact, ballistic details are
documented in a large database that is accessible by law enforcement agencies across the globe
Role of Forensic Science in Criminal Investigations:
 Forensic science is that piece without which the puzzle of a criminal investigation is incomplete.
Without the application of forensic science, criminals can never be convicted unless an
eyewitness is present. While detectives and law enforcement agencies are involved in the
collection of evidence, be it physical or digital, it is forensic science that deals with the analysis
of those evidence in order to establish facts admissible in the court of law.
 Thus in a world devoid of forensic science, murderers, thieves, drug traffickers and rapists would
be roaming scot-free.

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  The duties and responsibilities of a forensic scientist in a criminal investigation is crucial as it
involves the careful examination of evidence while ensuring that it is not tampered with. A
diverse pool of forensic scientists and forensic tools go into the investigation of a criminal act.
 For instance, forensic pathologists are skilled at determining the cause of death by performing
autopsies. An autopsy helps establish the cause and manner of death through the examination of
body fluids and tissues. Forensic Scientists analyze physical evidence (fingerprints, blood, hair
etc.) collected from the incident scene to identify suspects. Additionally, forensic professionals
use image modification tools to search for criminals absconding from the law for a long time.
This tool enables them to digitally age a photograph to understand how the individual would look
at ageing.
Importance of Forensic Science in Law:
 The word “forensic” has its roots in the Latin word “ forenses ” which means a forum. Back in
early Rome, a forum referred to a public place where judicial proceedings and debates were held.
Thus, the origin and the very definition of ‘forensic science’ points to its close association with
the legal system. Forensic Science involves the collection, preservation, and analysis of evidence
suitable for prosecuting an offender in a court of law. The application of forensic science in the
criminal justice system is, therefore, an apparent picture.
 The legal system widely recognizes the role of forensic evidence in the trial of criminal offenders.
This is because when scientific techniques and methods are used, there is not much scope for bias
or injustice. That is why DNA profiling and a host of other forensic evidence are widely accepted
in courts across the world. Interestingly, the first forensic technique ever used involving finger
and palm print identification dates back to the Chinese (650 A.D.).
 Forensic evidence is extensively used worldwide to both convict and exonerate defendants. Thus,
forensic science laboratories have mushroomed up all over the globe in the past couple of
decades. In fact, special acts have been enacted in the US, Canada, and Australia to improve the
rendering of forensic services. This would ensure that crimes are detected with greater certainty
and consequently conviction rates can increase. Such acts place a great emphasis on time
efficiency and quality management of crime scenes.
FORENSICS IN PAKISTAN:
In 2001, on the basis of requirement, the federal government decided to improve forensic science
infrastructure to upgrade the existing one and establish more laboratories in the different regions of
Pakistan.
In 2002, the Executive Committee of the National Economic Council approved the National Forensic
Science Agency (NFSA) as an autonomous body having different departments. The agency became
functional in 2006 with an initial budget of Rs 1.29 billion
The fundamental objective of NFSA was to provide training and teaching facilities and to establish more
forensic labs throughout Pakistan. The comprehensive plan was developed to strengthen the capacity of
law enforcement agencies and the use of the latest forensic techniques to ensure quality investigation.
Despite the significant obstacles in the way of forensic investigation and limitations in the police
department the agency has solved more than 96 per cent of cases with the collaboration of other law
enforcement agencies to counter these challenges but much more need to be done for development of
criminal justice system.

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Some high profile cases have been solved with the help of forensic investigation:
1. Marriot Hotel blast in 2008,
2. Lal Masjid operation in Islamabad,
3. suicide blast on a political rally in Karachi,
4. Kasur incident and different others.
On the basis of their demand and to reduce the NFSA burden, the Punjab province was passed the Punjab
Forensic Science Agency (PFSA) Act in October 2007 to establish a well-equipped laboratory in Punjab
to improve and ensure the standard investigation.
PFSA was established in 2012 having 14 different well equipped forensic laboratories include DNA and
serology, latent fingerprints, narcotics, polygraph, toxicology, trace chemistry, computer forensic,
questioned documents and different other investigation departments.
The PSFA is the second-largest laboratory in the world and is no doubt the creditable step of the Punjab
government but only a single lab cannot fulfil the requirement of a large province with a population of
110 million.
TECHNIQUES OF INVESTIGATION
INTERVIEWS

 An interview is the simple questioning of a person who cooperates with the investigator.
 Cognitive Interview conduct of interview upon willing and cooperative witnesses, to narrate
their accounts without interruption
 Question and Answer interview-style whereby after each question by the investigator, the
interviewee is required to answer
 The Golden Rule in Interview: “Never conduct or let anyone conduct an interview if the
interviewer has not gone to the crime scene”
Qualities of a Good Interviewer:

 Rapport: a state of harmonious understanding with another individual or group.

 Forceful Personality
 Knowledge of Human Behavior
 Conversational Tone of Voice
 Acting Qualities
 Humility
Interview Format (IRONIC ):

 Identity: The investigator should identify himself to the witness by name, rank and agency
 Rapport
 Opening Statement
 Narration: Allowing the witness to present in a narrative form without injecting questions
 Inquiry: After the witness has told the story, the investigator can make clarifying inquiries.
 Conclusion: The interview should be concluded when the witness has nothing pertinent to offer.
Reasons Why Witnesses Refuse to Talk or Testify:

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  Fear of Reprisal
 Great Inconvenience
 Hatred Against the Police
 The bias of the Witness
 Avoidance of Publicity
 Family Restriction
Stages of Handling the Interview:

 The preparation investigator should review the facts in order that he would be ready for the
questioning.
 Approach investigator must carefully select his kind of approach.
 Warming Up clear the atmosphere, promote a conducive ground for cordiality, respect and trust
for each other.
 Cognitive Interview
Rules in Questioning a Person Involved in a Crime:

 Ask Question at a Time

 Avoid Implied Answers
 Questions should be clearly stated
 Saving Faces
 Yes and No Answers are not Allowed
Types of Witnesses According To Their Attitude:

 Know-nothing Type
 Disinterested Type
 The Drunken Type
 Talkative Type
 Honest Witnesses
 Timid Witnesses
 Witnesses who refuse to answer
INTERROGATION

 Interrogation is the vigorous and confrontational questioning of a reluctant suspect about his
participation in a crime
 Custodial Interrogation or Investigation is the investigation conducted by the investigator on
the suspect who is under police custody
 Debriefing is the interrogation of a friendly interrogee who has information at the direction of or
under the control of a friendly unintelligence service.
 An Interrogation Report is an oral or written statement of information by the questioning of an
interrogee.
 An interrogator is a person who does the questioning
 Interrogee refers to any person subjected to the interrogation process.
 Screening is the initial examination of an interrogee to determine the extent of his knowledge

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  Source refers to any person who for any reason submits information of intelligence interest
usually on a voluntary basis
 Suspect refers to any person believed to be associated with a prohibited activity.
Forms of Interrogation:

 Direct the subject is aware but he may not learn the true objectives of the interrogation
 Indirect the subject is aware
Types of Interrogation:

 Screening: This is usually applied immediately after capture to obtain background information
about the interrogee (subject).
 Formal interrogation (detailed ): This is the systematic attempt to exploit to an appropriate
depth those areas of the interrogee’s knowledge.
 Debriefing: It is generally used when the area of knowledgeability of the interrogation is known.
 Interview: Similar to debriefing although it is less formal.
 Interrogation of lay personnel (special type ): In this type, the techniques are similar to
interrogation but a special effort must be made.
 Tactical interrogation: The level of interrogation where the source has specific and detailed
information that requires a trained expert in the subject matter to be explored.
Phases of Interrogation:

 Planning of Interrogation
 Approach (Meeting the Interrogee ): The first meeting in which it is extremely critical because
the outcome may depend on the initial impression created by the interrogator.
 Questioning: This is the heart of the interrogation.
 Termination: The termination of the interrogation will depend on various factors such as the
physical condition of the subject.
 Recording: The interrogator should take notes in cryptic if possible.
 Reporting: The end product of interrogation is the Tactical Interrogation Report containing the
information gained. The report must be made orally or in written form
The Techniques of Interrogation:

 Emotional Appeal
 Sympathetic Approach
 Friendliness
 Tricks And Bluff Techniques: a . The Pretense Of Solid Evidence Against The Accused b. The
Weakest Link c. Drama d. Feigning Contact with Family Members e. The Line-Up f. Reverse
Line Up
 Stern Approach The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods: a . Jolting investigator selects the right
moment to shout to the subject with a pertinent question in an apparent righteous outrage. b.
Opportunity to Lie The suspect is given all the opportunities to lie.
 The Mutt and Jeff or Sweet and Sour Method
 Removing the Ethnic or Cultural Barrier
 Searching for the Soft Spot

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Additional Modern Techniques of Interrogation:

 Rationalization use of reasons

 Projection putting the blame on other persons, not alone to the suspect.
 Minimization It is the act of minimizing the culpability of the suspect.
Physical Signs of Deceptions:

 Excessive Sweating
 Face Color Change
 Dry Mouth
 Excessive Breathing
 Increase of Pulse Beat
 Avoidance of Direct Eye Contact
CRIMINAL INVESTIGATION ANALYSIS
Criminal profiling, or criminal investigative analysis, as it is called by the FBI, involves the investigation
of a crime with the hope of identifying the responsible party, based on crime scene analysis, investigative
psychology and behavioural science
Practitioners of criminal profiling share a common goal of analyzing evidence gathered at a crime scene
and statements provided by victims and witnesses in order to develop a description of an unknown
offender.
the offender description can include psychological factors such as antisocial personality traits,
psychopathologies (mental illnesses), behavioural patterns, as well as demographic variables including,
age, race and geographic location.
In practice, criminal profiling is involved in the investigation, apprehension and prosecution phases of the
criminal justice process.
In the investigation phase, profiling is used to determine whether or not crimes are linked and to predict
the personality and lifestyle characteristics of an unknown perpetrator. In the investigation phase,
profiling is used to develop strategies to apprehend the unknown criminal and to assess the likelihood of
an escalation in the perpetrator s crimes
In the apprehension phase, profiling is used to predict where to look for an unknown serial criminal, to
determine what information should be included in a search warrant, and how he/she may react upon
apprehension
In the prosecution phase, criminal profilers act as experts in court to link crimes based on forensic
evidence and to connect an alleged perpetrator to a series of crimes.
CIA services can assist in the investigation of interpersonal violence, particularly homicide and sexual
assault cases. CIA is suitable for a single incident or serial cases with one or more victims, including:

 homicides;
 kidnapping;
 including infant kidnapping
 sexual assault
 child molestation and abuse;

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  hostage-taking;
 bombings; arson;
 threat cases; and
 extortion.
Lecture 12
INTERNATIONAL POLICING CRIMINAL JUSTICE MONITORING ORGANIZATION
UNITED NATIONS ASIA AND FAR EAST INSTITUTE FOR THE PREVENTION OF CRIME
(UNAFEI)
It 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
UNAFEI activities include training courses and seminars for personnel in crime prevention and criminal
justice administration, and the research and study of crime prevention and the treatment of offenders. It
also conducts special seminars outside of Japan
UNAFEI annually organizes two international training courses and one international seminar. Participants
represent mainly Asia and the Pacific Region, but some come from other regions of the world such as
Africa and Latin America. This program contributes significantly to the training of personnel in criminal
justice, and to providing ideas and knowledge for effective measures to combat crime in developing
nations. For over 50 years, UNAFEI's efforts in training personnel have helped those individuals play
leading roles in the criminal justice administration of their respective countries.
ORGANIZATION
In 1970, the Government of Japan assumed full administration of UNAFEI in terms of finance and
personnel. The United Nations Training Cooperation Department in the Ministry of Justice is in charge of
its administration
Since UNAFEI is still affiliated with the United Nations, it submits an annual report to the Secretary
General of the United Nations, and the Director of UNAFEI is assigned in consultation with the United
Nations.
Customarily, the Director of the United Nations Training Cooperation Department in the Research and
Training Institute of the Ministry of Justice serves as the Director of UNAFEI.
The Deputy Director and the professors are selected from among public prosecutors, judges, correctional
officers and probation officers. In addition, there are approximately 20 administrative officers and a
linguistic adviser, who is a native English speaker.
UNITED NATIONS OFFICE ON DRUGS AND CRIME (UNODC)
It is a United Nations office that was established in 1997 as the Office for Drug Control and Crime
Prevention by combining the United Nations International Drug Control Program (UNDCP) and the
Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna. And was
renamed the United Nations Office on Drugs and Crime in 2002
ORGANIZATIONAL STRUCTURE

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The United Nations Crime Prevention and Criminal Justice Programme Network ( PNI) is a network
consisting of UNODC as well as many crime related institutes and other centers around the world. Its aim
is to strengthen international co operation in the areas of crime prevention and criminal justice. The
network facilitates the "exchange of information, research, training and public education
UNODC, which employs between 1,500 and 2,000 people worldwide, has its headquarters in Vienna,
Austria, with 21 field offices and two liaison offices in Brussels and in New York City.
The United Nations Secretary General appoints the agency's Executive Director. Yuri Fedotov , the
former Russian Ambassador to the United Kingdom, held this position since from 2010 until 2019, when
the United Nations Secretary General announced that Ms. Ghada Fathi Waly of Egypt would replace him
as both Executive Director of UNODC and Director General of the United Nations Office at Vienna
AIMS AND FUNCTIONS
UNODC was established to assist the UN in better addressing a coordinated, comprehensive response to
the interrelated issues of illicit trafficking in and abuse of drugs, crime prevention and criminal justice,
international terrorism, and political corruption.
The office aims long term to better equip governments to handle drug --, crime --, terrorism --, and
corruption related issues, to maximize knowledge on these issues among governmental institutions and
agencies, and also to maximize awareness of said matters in public opinion, globally, nationally and at
community level.
Approximately 90% of the Office's funding comes from voluntary contributions, mainly from
governments
THEMES OF UNODC
The main themes that UNODC deals with: Alternative Development, anti corruption, Criminal Justice,
Prison Reform and Crime Prevention, Drug Prevention, Treatment and Care, HIV and AIDS, Human
Trafficking and Migrant Smuggling, Money Laundering, Organized Crime, Piracy, Terrorism Prevention.
TREATIES:
United Nations Conventions and their related Protocols underpin all the operational work of

 United Nations Convention against Transnational Organized Crime

o the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children
o the Protocol against the Smuggling of Migrants by Land, Sea and Air and,
o the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts
and Components and Ammunition
 United Nations Convention against Corruption:
o UNODC, as the custodian of UNCAC, is also one of the main initiators of the
establishment of the International Anti Corruption Academy (IACA), whose main
function is to, among other things, facilitate more effective implementation of the
UNCAC
 Drug related treaties:
o The Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol,
o The Convention on Psychotropic Substances of 1971 and,

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 o The United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988.
UNODC IN PAKISTAN:
UNODC has been working in Pakistan for over 35 years, in close collaboration with the Government of
Pakistan (GOP) and civil society, with the purpose of addressing development challenges, specifically
related to drugs and crime
Together with the GOP, the UNODC has developed its second Country Programme in order to ensure that
its support is clearly directed towards strategic priorities and meets Pakistan's needs
The second Country Programme (CPII) draws on the lessons and experiences of its predecessor (CPI) and
aims to bolster the efforts of the GOP in enforcing the rule of law. To ensure coherence and efficacy, the
GOP and the UNODC have jointly agreed to outcomes that will contribute to peace and stability,
complement GOP policies and programmes , assist Pakistan in achieving international commitments, and
engage with UNODC mandates
Slide 10 remains
Pakistan Country Programme

 Illicit Trafficking and Border Management

 Criminal Justice System and Legal Reforms
 Drug Demand Reduction, Prevention and Treatment
INTERPOL
The full name is the International Criminal Police Organization and it is an inter governmental
organization. It has 194 member countries, and it helps police in all of them to work together to make the
world a safer place.
To do this, it enables them to share and access data on crimes and criminals, and it offers a range of
technical and operational support
ORGANIZATIONAL STRUCTURE:
The General Secretariat coordinates our day to day activities to fight a range of crimes. Run by the
Secretary General , it is staffed by both police and civilians and comprises a headquarters in Lyon, a
global complex for innovation in Singapore and several satellite offices in different regions
In each country, an INTERPOL National Central Bureau ( provides the central point of contact for the
General Secretariat and other NCBs. An NCB is run by national police officials and usually sits in the
government ministry responsible for policing.
The General Assembly is our governing body and it brings all countries together once a year to take
decisions.
FUNCTIONS:
We connect all our countries via a communications system called I 24/7. Countries use this secure
network to contact each other, and the General Secretariat. It also allows them to access our databases and
services in real time, from both central and remote locations.

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We also coordinate networks of police and experts in different crime areas, who come together through
working groups and at conferences to share experiences and ideas
The General Secretariat provides a range of expertise and services to our member countries. We manage
18 police databases with information on crimes and criminals (from names and fingerprints to stolen
passports), accessible in real time to countries.
We offer investigative support such as forensics, analysis, and assistance in locating fugitives around the
world. Training is an important part of what we do in many areas so that officials know how to work
efficiently with our services.
This expertise supports national efforts in combating crimes across three global areas we consider the
most pressing today; terrorism, cybercrime and organized crime.
Officials working in each specialized crime area run a variety of different activities alongside member
countries. This can be investigative support, field operations, training and networking.
Importantly, since crimes evolve, we keep an eye on the future through research and development in
international crime and trends
Slide 14 remains
INTERPOL AND PAKISTAN:
Pakistan became member of ICPC (International Criminal Police Commission) in 1952. The National
Central Bureau (NCB) of Pakistan was created under the new constitution of ICPO in 1957.
It is attached with Federal Investigation Agency since its inception. The Director General FIA is an ex
officio, the Head of NCB Pakistan.
In 1990 the Secretariat General (SG) of ICPO Interpol Lyon introduced new Communication System
namely X 400 to exchange mails electronically amongst all Interpol member states. NCB Pakistan was
connected with X 400 system in 1999
Interpol SG Lyon replaced X 400 System in 2002 with new Web based Communication System namely
I/24-7
In May 2004, Interpol SG Lyon provided the equipment for the system free of cost. During 2005, Interpol
SG Lyon has also provided equipment for the extension of I 24/7 Communication System beyond NCB
Pakistan Islamabad.
EUROPOL
The European Union Agency for Law Enforcement Cooperation, better known under the name Europol,
formerly the European Police Office and Europol Drugs Unit, is the law enforcement agency of the
European Union (EU) formed in 1998 to handle criminal intelligence and combat serious international
organized crime and terrorism through cooperation between competent authorities of EU member states.
The Agency has no executive powers, and its officials are not entitled to arrest suspects or act without
prior approval from competent authorities in the member states. Seated in The Hague
Europol is mandated by the European Union (EU) to assist EU Member States in the fight against
international crime, such as

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  illicit drugs,
 trafficking in human beings,
 intellectual property crime,
 cybercrime ,
 euro counterfeiting and terrorism,
 by serving as a center for law enforcement co operation, expertise and criminal intelligence.
Europol or its officials do not have executive powers and therefore they do not have powers of arrest and
cannot carry out investigations without the approval of national authorities.
IPA
T he International Police Association is a friendship organization for members of the police force,
whether in employment or retired, and without distinction as to rank, position, gender, race, language or
religion.
It has around 372,000 members in nearly 100 countries, of which 65 are affiliated National Sections, and
we are represented on 5 continents
Its motto is 'Servo per Amikeco ' Service Through Friendship‘.
FUNCTIONS:
We are a non governmental organisation , and our aims are to create and strengthen bonds of friendship
between members of the police service, promote international cooperation in social, cultural and
professional fields, encourage peaceful co existence between peoples and preservation of world peace,
improve the public image of the police service and enhance recognition of the IPA by international
bodies.

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