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Criminology

The Juvenile Justice System Act (JJSA) 2018 was enacted in Pakistan to align the juvenile legal system with international standards, focusing on rehabilitation and protection of children under 18 years old. It establishes child-friendly legal procedures, exclusive juvenile courts, and provisions for free legal assistance, while prohibiting inhumane treatment and ensuring the protection of juvenile identities. Despite its progressive nature, the implementation of the JJSA faces challenges, including inadequate infrastructure and weak enforcement, necessitating further support and awareness to ensure its effectiveness.

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0% found this document useful (0 votes)
26 views137 pages

Criminology

The Juvenile Justice System Act (JJSA) 2018 was enacted in Pakistan to align the juvenile legal system with international standards, focusing on rehabilitation and protection of children under 18 years old. It establishes child-friendly legal procedures, exclusive juvenile courts, and provisions for free legal assistance, while prohibiting inhumane treatment and ensuring the protection of juvenile identities. Despite its progressive nature, the implementation of the JJSA faces challenges, including inadequate infrastructure and weak enforcement, necessitating further support and awareness to ensure its effectiveness.

Uploaded by

Bilal anjum
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Juvenile Justice System Act, 2018: A Rights-Based

Legal Framework
The Juvenile Justice System Act (JJSA) 2018 was enacted to reform Pakistan’s outdated
juvenile legal system in line with international obligations, especially the United Nations
Convention on the Rights of the Child (UNCRC). It ensures protection, rehabilitation, and
justice for children in conflict with the law.

The Act defines a juvenile as any person who has not attained the age of 18 years. It
introduces child-friendly legal procedures and focuses on rehabilitation rather than
punishment.

“There can be no keener revelation of a society’s soul than the way in


which it treats its children.” — Nelson Mandela

Key Definitions under the Act


Child

A person below 18 years of age is considered a child.

Juvenile Offender

A child who is alleged or found to have committed a criminal offence.

Diversion

Diversion refers to an alternative process of determining responsibility and treatment of a


juvenile without formal judicial proceedings. This allows the child to avoid the stigma of a
criminal trial and aims for reintegration into society.

Free Legal Assistance (Section 3)


Every juvenile is entitled to free legal aid at the state’s expense. A government-appointed
lawyer with a minimum of seven years’ standing must inform the juvenile of their rights within
24 hours of arrest. This provision promotes access to justice and prevents abuse or
intimidation.

Exclusive Juvenile Courts (Section 4)


The Act requires the establishment of special juvenile courts in consultation with the High
Courts. Only experienced judicial officers (Session Judges, Additional Session Judges, or
Judicial Magistrates) are eligible to preside.

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The court must decide cases within six months. If it fails, it must seek an extension from the
High Court, explaining the delay. This time-bound mechanism ensures speedy justice.

Arrest Procedures (Section 5)


A juvenile cannot be arrested under any preventive detention laws. Upon arrest:

●​ The juvenile is placed in an observation home.​

●​ The guardian and probation officer must be informed immediately.​

●​ Police must consider diversion before formal charges.​

This provision prevents unnecessary incarceration and trauma.

Bail and Detention (Section 6)


Juveniles accused of a bailable offence must be granted bail. However, for heinous offences
and if the child is over 16, bail may be denied if there are reasonable grounds to believe the
offence was committed.

Investigation (Section 7)
Investigations must be carried out by a police officer of at least Sub-Inspector rank, under
the supervision of a Superintendent and with assistance from a probation or social welfare
officer. This multidisciplinary approach ensures fair and informed inquiry.

Determination of Age (Section 8)


Age is determined using:

●​ Birth certificate​

●​ Educational certificate​

●​ Medical certificate​

If none are available, a medical board determines age. This ensures children are not
wrongfully treated as adults.

Diversion Process (Section 9)

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Cases may be diverted from formal courts with the consent of the victim. The Juvenile
Justice Committee (JJC) handles such cases. Methods include community service,
counselling, or compensation.

This promotes restorative justice over retributive punishment.

Juvenile Justice Committees (Section 10)


Each Sessions Division must have a JJC consisting of:

●​ A Judicial Magistrate​

●​ District Public Prosecutor​

●​ A senior lawyer (minimum 7 years’ practice)​

●​ A probation/social welfare officer​

The JJC plays a key role in diversion and alternative dispute resolution.

Procedure of Juvenile Courts (Section 11)


Juvenile courts ensure child-sensitive proceedings:

●​ Trials are closed to the public.​

●​ Only relevant parties (parents, police, lawyers) are allowed.​

●​ If the child is seriously ill, treatment must be provided at the state’s expense.​

●​ The juvenile may appear via video link to avoid unnecessary trauma.

Separate Trials from Adults (Section 12)


Juveniles cannot be tried jointly with adults. In joint cases, the court may exempt the juvenile
from appearing physically, using audio-visual technology instead.

Protection of Identity (Section 13)


Publishing or revealing the identity of a juvenile offender is a criminal offence, punishable by
up to 3 years of imprisonment and fine. This protects the child’s dignity and future prospects.

Role of Probation Officer (Section 14)

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The probation officer must submit a detailed report covering:

●​ Background of the juvenile (education, family, character)​

●​ Any admission of guilt​

●​ Efforts for mediation​

●​ Recommendation for rehabilitation or probation​

Court Powers for Rehabilitation (Section 15)


The Juvenile Court may:

●​ Order community service or compensation​

●​ Release the child on probation under guardianship​

●​ Send the juvenile to a rehabilitation centre​

●​ Reject pardon if it’s against public interest​

However, death penalty and corporal punishment are strictly prohibited.

“Juvenile justice is not just about punishment, but about rehabilitation and
the future of a child.” – Prof. Barry C. Feld

Prohibition of Inhumane Treatment (Section 16)


The Act strictly bans:

●​ Corporal punishment​

●​ Handcuffing or solitary confinement (except for high-risk escape situations and only
for a maximum of 24 hours)​

This aligns with UNCRC Article 37, which prohibits torture and degrading treatment of
children.

Special Provisions for Female Juveniles (Section 17)


Female juveniles:

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●​ Cannot be arrested or investigated by male officers.​

●​ Must be housed in exclusive female rehabilitation centres.​

●​ Must be supervised by female probation officers.

Observation Homes and Rehabilitation Centres


(Section 20)
The government must establish:

●​ Observation homes for temporary custody​

●​ Juvenile rehabilitation centres for long-term reintegration​

●​ Separate centres for girls​

●​ Certified NGOs may also run centres under supervision

Inspection Mechanism (Section 22)


Juvenile Justice Committee members, with prior approval, may inspect these centres to
ensure proper treatment and facilities.

Critical Analysis and Case Study


Despite its progressive nature, implementation of JJSA 2018 remains weak.

According to a report by SPARC (Society for the Protection of the Rights of the Child), from
2005 to 2019, Pakistan recorded 21,849 juvenile delinquency cases. However, the
conviction rate was only 6%, indicating procedural flaws and poor prosecution.

In Punjab, only two juvenile facilities exist (Faisalabad and Bahawalpur). KPK and
Balochistan lack dedicated juvenile jails, violating the law. Sindh has four Youth Offender
Industrial Schools (YOIS) and one Remand Home in Karachi.

This shows a lack of infrastructure, especially in rural and tribal areas.

“Laws are only as good as their enforcement.” – Malcolm Gladwell

Conclusion
The Juvenile Justice System Act 2018 marks a vital shift from a punitive to a rehabilitative
approach. It seeks to protect children’s rights, ensuring fair trial and reintegration into society.
However, without proper funding, training of officials, and institutional accountability, the law

5
remains ineffective. Strengthening inter-agency coordination and raising public awareness
are essential to make this legislation a success.

“Children are the living messages we send to a time we will not see.” —
John F. Kennedy

———————————————— # Pakistan’s
Criminal Justice System: A
Comprehensive Overview
Introduction
The criminal justice system in Pakistan comprises a set of government
agencies and processes designed to control crime and impose penalties on
lawbreakers. Its primary objective is to ensure justice for both victims and the
accused. A robust and reliable criminal justice system not only provides swift
remedies for crime victims but also safeguards the legitimate rights of the
accused. The system is grounded in principles of fairness, equality, and
justice, aiming to maintain peace and order in society.

The criminal justice system encompasses various institutions and practices


directed at upholding social control, deterring and mitigating crime, and
sanctioning those who violate laws through criminal penalties and
rehabilitation efforts.

Components of the Criminal Justice System


The criminal justice system in Pakistan primarily consists of the following
components:

1.​ Police (Law Enforcement)​


Responsible for maintaining public order, preventing and investigating
crimes, and enforcing laws.
2.​ Courts (Adjudication/Trial)​
Legal representatives who present the case against the accused in
court.
3.​ Prosecution​
Judicial bodies that conduct trials, interpret laws, and deliver verdicts.

6
4.​ Prisons (Corrections/Probation and Parole)​
Institutions that manage the incarceration, rehabilitation, and
reintegration of convicted individuals.

Pakistan’s criminal justice system has its roots in the British colonial era. It
aims to reduce crime, bring offenders to justice, and bolster public confidence
in a fair system that delivers justice to law-abiding citizens.

Legal Foundations

The legal framework governing Pakistan’s criminal justice system includes:

●​ The Criminal Procedure Code of 1898 (Cr.PC)​


Outlines the procedural aspects of criminal law, including investigation,
trial, and appeals.
●​ Pakistan Penal Code of 1860 (PPC)​
Defines offenses and prescribes punishments.

These laws establish the procedures and functions of all system components,
from reporting a case to the police, conducting trials in courts, handling
appeals, and managing corrections in jails.

Role of the Police


The The police serve as the frontline of the criminal justice system, tasked
with the prevention and detection of crime, protection of life and property, and
enforcement of laws.police are entrusted by law to protect the lives and
property of citizens. Their functions are governed by:

Criminal Procedure Code

●​ Pakistan Penal Code


●​ Police Act of 1861:Established the police force during the British
colonial era, focusing on maintaining law and order.
●​ Police Order of 2002:Introduced reforms to modernize the police,
emphasizing accountability, operational independence, and community
policing.
●​ Police Rules of 1934:​
Provide detailed guidelines on police administration and procedures.

These legal instruments provide the necessary authority for the police to
perform their duties and bring criminals to justice.

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Salient Features of Police Legislation
Police Act of 1861

●​ Provincial Subject: Police matters were under provincial jurisdiction.


●​ Administrative Control: The provincial executive, through the Secretary
Home and Chief Secretary, exercised control over the police.
●​ District Level: Police were subordinate to the District Magistrate for
maintaining law and order.
●​ Limited Functions: The primary roles were crime prevention and
detection.

Police Order of 2002

●​ Inspector General of Police (IGP): Designated as ex officio secretary


with enhanced financial and administrative powers and protection of
tenure.
●​ Functional Organization: Separation of watch and ward duties from
investigation functions.
●​ Establishment of Oversight Bodies: Creation of Police Complaint
Authorities, Safety Commissions, and Police Management Boards.​

●​ Decentralization: Elimination of the District Magistrate’s role and


introduction of the Zila Nazim institution.

Functions of the Police


1. Registration of Criminal Cases

1.​ First Information Report (FIR): The criminal justice process begins with
the registration of an FIR at a police station, as stipulated in Section 154
of the Cr.PC.
2.​ Arrest Procedures: After registration, the accused must be presented
before a court within 24 hours.

Custody Limits: The accused cannot be held in police custody for more
than 14 days without judicial approval.

OR.​
(Registration of Criminal Cases

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The initiation of criminal proceedings begins with the registration of a First
Information Report (FIR) under Section 154 of the Cr.PC. This document
records the commission of a cognizable offense and sets the investigative
process in motion.

Following the FIR, the accused may be apprehended. The law mandates that
any person taken into custody must be presented before a magistrate within
24 hours. Detention beyond this period requires judicial authorization, with a
maximum remand period of 14 days.)

2. Investigation of Cases

●​ Assignment: Post-FIR, a police officer is designated to investigate the


matter.
●​ Procedure: Investigations follow the guidelines of the Cr.PC and
Chapter 25 of the Police Rules of 1934.
●​ Evidence Collection: The process involves gathering evidence to
establish the commission of an offense and the roles of individuals
involved.
●​ Report Submission: Upon concluding the investigation, the officer
prepares a report for court submission under Section 173 of the Cr.PC.
●​ Or
●​ (Investigation of Cases)
●​ Investigations are conducted to collect evidence, identify the
perpetrators, and establish the facts of the case. The process is
governed by the Cr.PC and guided by Chapter 25 of the Police Rules
1934.
●​ Upon completion of the investigation, the police submit a report under
Section 173 of the Cr.PC to the relevant court, detailing the findings and
recommending whether to proceed with prosecution.)

Criticisms of the Police


●​ Non-Registration of Crimes: Failure to register crimes, known as
“burking,” undermines justice.
●​ Misapplication of Law: Incorrect legal applications can mitigate the
severity of crimes.
●​ Faulty Investigations: Use of third-degree methods for confessions and
lack of professionalism hinder justice.
●​ Delays: Prolonged submission of investigation reports to courts.
●​ Misconduct: Instances of illegal confinement, brutality, and misbehavior.

9
●​ Political Interference: Influence in investigations and protection of
criminals.​

●​ OR.

Challenges Facing the Police

Despite their critical role, the police in Pakistan face numerous


challenges:

●​ Non-Registration of Crimes: Instances where police refuse to


register FIRs, often due to external pressures or to manipulate
crime statistics.
●​ Faulty Investigations: Lack of proper training and resources leads
to inadequate evidence collection and analysis.
●​ Use of Coercion: Reports of using third-degree methods to extract
confessions, violating human rights.
●​ Delays in Legal Processes: Prolonged investigations and delayed
submission of reports hinder timely justice.
●​ Political Interference: Influence from political entities affects
impartiality and undermines the rule of law.
●​ Resource Constraints: Insufficient funding, outdated equipment,
and lack of forensic facilities impede effective policing.

Limitations of the Police


●​ Resource Constraints: Inadequate equipment, lack of proper premises,
transportation, arms, ammunition, and logistics.
●​ Financial Limitations: Insufficient budget allocations hinder operations.
●​ Workload and Environment: Overburdened staff, long working hours,
unhygienic conditions, and health issues.
●​ Training Deficiencies: Lack of proper training and professional
development.
●​ Infrastructure Gaps: Absence of dedicated investigation centers,
forensic labs, and trained personnel.

Recommendations for Improvement


●​ Autonomy: Shield the police from political interference, especially in
investigations.

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●​ Financial Support: Allocate adequate resources to enhance
investigative capabilities.
●​ Forensic Development: Establish forensic laboratories at divisional
levels and train investigators in forensic science.
●​ Staffing: Increase the number of investigators to ensure quality and
timely investigations.
●​ Accessibility: Enhance the functionality of health and complaint centers
for easier case registrations.
●​ Technology Integration: Implement Information Management Systems
(MIS) to monitor investigation processes.
●​ Evidence-Based Practices: Prioritize technical, electronic, and forensic
evidence over ocular evidence to reduce corruption.
●​ Performance Metrics: Develop Key Performance Indicators (KPIs) for
heinous offenses to ensure transparent and timely investigations.

Case Studies from Other Countries


United Kingdom

The UK has implemented community policing models that emphasize building


trust between police and communities. The introduction of Police and Crime
Commissioners has increased accountability.

Japan

Japan’s Koban system places small police stations within communities,


fostering close relationships and proactive crime prevention.

Singapore

Singapore’s police force is known for its efficiency and low corruption levels,
attributed to rigorous training, strict accountability, and community
engagement.

By adopting and adapting successful elements from these international


models, Pakistan can work towards a more effective and trustworthy criminal
justice system.

Budgetary Allocations

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In the fiscal year 2024-25, the Punjab government allocated Rs. 190 billion to
the police department, with significant portions designated for district police
operations, special branches, and counter-terrorism units.

Similarly, the Sindh government earmarked Rs. 172 billion for law and order,
including funds for upgrading police stations and enhancing forensic
capabilities.

Forensic Capabilities

The Punjab Forensic Science Agency (PFSA), established in 2009, serves as


a premier institution providing forensic services across various disciplines,
including DNA analysis, toxicology, and digital forensics.

However, the country faces a shortage of forensic laboratories and trained


experts, leading to challenges in evidence collection and analysis.

Political Interference

Political influence in police operations remains a significant concern. Frequent


transfers of senior officers, often driven by political considerations, disrupt
continuity and morale within the force.

A study in District Kohat highlighted how political interference compromises


police independence, leading to biased decision-making and erosion of public
trust.

International Perspectives

Countries like the United Kingdom have implemented reforms to ensure police
accountability and independence. For instance, the establishment of the
Independent Office for Police Conduct (IOPC) oversees complaints against
police in England and Wales, promoting transparency and public confidence.

Similarly, the United States employs civilian review boards in various


jurisdictions to investigate allegations of police misconduct, fostering
accountability and community trust.

Conclusion

A robust and impartial criminal justice system is vital for the protection of
citizens’ rights and the maintenance of public order. While Pakistan’s system
has a solid legal foundation, challenges such as political interference,

12
resource constraints, and procedural inefficiencies hinder its effectiveness.
Comprehensive reforms focusing on depoliticization, capacity building, and
community engagement are essential to enhance the system’s credibility and
ensure justice for all.

————————————————-

#Role of Judiciary in Pakistan: A Comprehensive Overview

I. Importance of Judiciary

The judiciary stands as the cornerstone of Pakistan’s criminal justice system,


ensuring the maintenance of law and order, the protection of citizens’ rights,
and the upholding of the Constitution.

1.​ Ensuring Rule of Law and Equality

The judiciary guarantees that all individuals, regardless of status, are equal
before the law. This principle was exemplified in the case of Benazir Bhutto v.
Federation of Pakistan, where the Supreme Court emphasized that “no one is
above the law.”

2.​ Custodian of the Constitution

As the guardian of the Constitution, the judiciary ensures its supremacy. In the
landmark case of Zafar Ali Shah v. General Pervez Musharraf, the Supreme
Court reaffirmed its role in preserving the Constitution’s sanctity.

3.​ Safeguarding Human Rights

The judiciary plays a pivotal role in protecting citizens’ fundamental rights. For
instance, in Shehla Zia v. WAPDA, the Supreme Court recognized the right to
a clean environment as part of the right to life under Article 9 of the
Constitution.

4.​ Adjudication of Disputes

Courts resolve disputes in accordance with the law and Constitution. In Asma
Jilani v. Government of Punjab, the judiciary invalidated the martial law
imposed by General Yahya Khan, emphasizing adherence to constitutional
provisions.

5.​ Providing Justice to the Aggrieved

13
The judiciary offers remedies to those wronged. In Miss Asma Jilani v.
Government of Punjab, the Supreme Court declared the detention of the
petitioner unlawful, ordering her immediate release.

II. Historical Background

A. Establishment under the Government of India Act 1935

The Government of India Act 1935 laid the foundation for a federal court
system. The Federal Court was established in 1937, with judges appointed by
the Crown, serving until the age of 65. Qualifications included five years as a
High Court judge, ten years as a barrister, or ten years as a pleader in a High
Court. The Federal Court exercised original, appellate, and advisory
jurisdiction. Additionally, the Lahore High Court, Chief Court, and courts of
judicial commissioners in NWFP and Baluchistan were established.

B. Post-Independence Evolution

Upon independence in 1947, Pakistan retained the Government of India Act


1935 as a provisional constitution. The judicial structure remained largely
unchanged, with the continuation of the Delhi High Court, Chief Court, and
courts of commissioners in NWFP and Baluchistan.

Subsequent constitutions in 1956, 1962, and 1973 did not drastically alter the
judicial structure or the powers and jurisdiction of superior courts. However,
notable changes included renaming the Federal Court as the Supreme Court
under the 1956 Constitution and upgrading the Chief Court of NWFP and
Judicial Commissioner’s Court of Pakistan into full-fledged High Courts by the
1973 Constitution.

III. Superior Judiciary

The Constitution of Pakistan 1973 provides comprehensive provisions


regarding the superior judiciary, detailing its composition, jurisdiction, powers,
and functions.

1.​ Separation from the Executive

Article 175(3) mandates the separation of the judiciary from the executive,
ensuring judicial independence. This principle was reinforced in the Al-Jehad
Trust v. Federation of Pakistan case, emphasizing the need for an
independent judiciary.

14
2.​ Independence of Judiciary

The Constitution guarantees the judiciary’s independence, safeguarding it


from external influences. In Chief Justice Iftikhar Muhammad Chaudhry v.
President of Pakistan, the Supreme Court underscored the importance of
judicial independence for upholding the rule of law.

3.​ Judges’ Qualifications and Appointments

The Constitution outlines the qualifications, appointment procedures, service


conditions, salaries, and pensions of judges, ensuring transparency and
meritocracy in the judiciary.

IV. Criminal Courts

The High Courts exercise administrative control over criminal courts, which
include Sessions Judges, Additional Sessions Judges, and Magistrates of the
first, second, and third classes. Their pecuniary and territorial jurisdictions are
defined by law. Appeals against decisions of criminal courts lie with the District
Judge and the High Court, depending on the severity of the penalty.

V. Subordinate Judiciary

The subordinate judiciary is broadly divided into two categories: civil courts,
established under the West Pakistan Civil Courts Ordinance 1962, and
criminal courts, created under the Criminal Procedure Code 1898. Additionally,
specialized courts and tribunals exist for specific civil and criminal matters
under various special laws and enactments.

VI. Court Jurisdictions

A. Supreme Court

1.​ Original Jurisdiction (Article 184(1))

The Supreme Court has original jurisdiction in intergovernmental disputes,


issuing judgments accordingly.

2.​ Enforcement of Fundamental Rights (Article 184(3))

The Court can enforce fundamental rights involving issues of public


importance. In Benazir Bhutto v. Federation of Pakistan, the Supreme Court
exercised this jurisdiction to address public interest matters.

15
3.​ Appellate Jurisdiction (Article 185(2)

The Court hears appeals from High Court judgments/orders in criminal cases
involving death penalties or life imprisonment.

4.​ Appeal with Leave (Article 185(3))

Appeals from High Court judgments/orders are permissible, subject to the


Supreme Court granting leave.

5.​ Advisory Jurisdiction (Article 186)

The President may refer questions of law involving public importance to the
Supreme Court for advisory opinions.

B. High Court

1.​ Writ Jurisdiction (Article 199(1))

High Courts can issue writs such as mandamus, prohibition, certiorari, habeas
corpus, and quo warranto to enforce rights and ensure lawful authority.

2.​ Enforcement of Fundamental Rights (Article 199(2))

High Courts are empowered to enforce fundamental rights, providing


remedies against violations.

3.​ Supervisory Jurisdiction (Article 203)

High Courts supervise and control subordinate courts, ensuring proper


administration of justice.

4.​ Appellate and Review Jurisdiction

High Courts hear appeals, references, reviews, and revisions under the Civil
Procedure Code and Criminal Procedure Code.

5.​ Appeals under Special Laws

High Courts also entertain appeals against judgments, decrees, or orders of


tribunals established under special laws.

C. District and Sessions Judge / Additional District and Sessions Judge

1.​ Murder Trials (Section 265B CrPC)

16
Sessions Judges conduct murder trials under the specified provisions.

2.​ Criminal Trials under Hudood Laws

They preside over criminal trials under Hudood laws, ensuring adherence to
Islamic legal principles.

3.​ Appeals (Section 423 CrPC)

They hear appeals against convictions and sentences passed by Magistrates.

4.​ Revision Powers (Section 435 CrPC)

They possess the authority to revise proceedings of subordinate courts.

5.​ Habeas Corpus (Section 491 CrPC)

They can issue directions in the nature of habeas corpus for unlawful
detentions.

6.​ Bail Applications (Section 498 CrPC)

They decide on bail applications in non-bailable offenses.

7.​ Powers under Section 22A CrPC

They have the authority to direct police to register FIRs in cognizable offenses.

D. Magistrates

1.​ First Class Magistrate

Authorized to try offenses punishable with imprisonment up to three years and


fines up to Rs. 50,000.

2.​ Second Class Magistrate

Can try offenses punishable with imprisonment up to one year and fines up to
Rs. 5,000.

3.​ Third Class Magistrate

Empowered to try offenses punishable with imprisonment up to one month


and fines up to Rs. 1,000.

VII. Criticism on Judicial System

17
1.​ Delayed Justice

The system has often failed to provide victims with prompt and equitable
justice. Cases like Shehla Zia v. WAPDA highlight prolonged litigation periods.

2.​ Lengthy Proceedings

Judicial procedures are often protracted, causing undue stress to litigants.

3.​ Cumbersome Procedures

Complex legal procedures deter common people from seeking justice.

4.​ High Costs

Justice is expensive, making it inaccessible to the underprivileged.

5.​ Corruption and Inefficiency

Lower judiciary faces issues of corruption and inefficiency, undermining public


trust.

6.​ Lack of Accountability

There is a notable absence of mechanisms to hold judicial officers


accountable for misconduct.

VIII. Recommendations for Reforming the Judiciary

To ensure that the judiciary fulfills its constitutional mandate efficiently and
justly, the following reforms are essential:

1.​ Judicial Reforms and Case Management Systems


○​ Modernize and digitize court procedures to ensure quick disposal
of cases.
○​ Introduce e-filing, video-link hearings, and centralized case
tracking systems.
○​ Establish case management benches in superior courts.
2.​ Increase in Judicial Manpower
○​ Appoint more judges at all levels to reduce the burden on courts
and address backlog.
○​ Ensure merit-based appointments through independent judicial
commissions.
3.​ Judicial Training and Capacity Building

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○​ Strengthen judicial academies for continuous training on laws,
technology, and ethics.
○​ Train judges in international legal practices and human rights
norms.
4.​ Strict Accountability Mechanism
○​ Establish independent judicial accountability bodies with full
transparency.
○​ Enforce Article 209 of the Constitution for holding judges
accountable through the Supreme Judicial Council.
5.​ Access to Justice for All
○​ Expand legal aid services and establish pro bono clinics to assist
the underprivileged.
○​ Encourage bar councils to support public interest litigation.
6.​ Reduction of Corruption and Nepotism
○​ Strengthen internal vigilance cells to report corruption in
subordinate courts.
○​ Ensure strict action against judges and staff involved in unethical
practices.
7.​ Speedy Trial Mechanism
○​ Enforce time-bound proceedings in criminal and civil cases under
special laws.
○​ Increase the number of special and anti-terrorism courts with
strict monitoring.
8.​ Judicial Independence
○​ Prevent executive interference in judicial matters.
○​ Implement Article 175(3) effectively to ensure true separation of
powers.
9.​ Alternative Dispute Resolution (ADR)
○​ Promote mediation, arbitration, and conciliation as means to
reduce the burden on courts.
○​ Institutionalize ADR centers at the district level.
10.​ Public Awareness and Legal Literacy
●​ Launch mass awareness campaigns about rights and judicial remedies.
●​ Include legal education in school and college curricula to promote legal
consciousness

IX. Conclusion

The judiciary is the backbone of Pakistan’s criminal justice system, entrusted


with the sacred duty of upholding the Constitution, enforcing the rule of law,
and ensuring justice for all citizens. Despite its constitutional significance, the

19
judiciary in Pakistan faces numerous challenges—delayed justice, procedural
complexities, corruption, and executive interference—that hinder its
effectiveness and erode public trust.

As observed by Justice Hamoodur Rahman, “Justice must not only be done


but must also be seen to be done.” The credibility of the entire justice system
hinges on the fairness, independence, and efficiency of the judiciary.
Therefore, substantial structural, procedural, and institutional reforms are
urgently needed.

By adopting modern judicial practices, enhancing accountability, and making


justice accessible and affordable, Pakistan’s judiciary can fulfill its
constitutional mandate. A reformed judiciary will not only ensure the protection
of fundamental rights but will also strengthen democratic values, uphold social
order, and restore the confidence of the people in the rule of law.

#Role of Prosecution in Pakistan’s Criminal Justice System

I. Historical Background of the Prosecution Service

The prosecution service in Pakistan has evolved significantly over time. Under
the Police Act of 1861, prosecution services were integrated within the police
department. Each provincial police force maintained its own prosecution wing,
staffed by law graduates holding ranks such as Sub-Inspector, Inspector, or
Deputy Superintendent. This structure persisted until the promulgation of the
Police Order in 2002, which aimed to reform the police system and, notably,
separated prosecution services from the police, placing them under the
jurisdiction of the law department.

II. Constitution of the Prosecution Service

Following the Police Order 2002, all four provinces enacted their respective
Criminal Prosecution Service Acts to establish independent, effective, and
efficient prosecution services. These acts aimed to enhance coordination
within the criminal justice system of each province. For instance, the Punjab
Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006,
was enacted to formalize the structure and functions of the prosecution
service in Punjab.

III. Hierarchy of the Prosecution Service

Each provincial prosecution service is headed by a Prosecutor General,


appointed by the respective provincial government. Supporting the Prosecutor

20
General are Additional Prosecutors General, Deputy Prosecutors General,
and Assistant Prosecutors General. At the district level, the hierarchy includes
District Public Prosecutors, Deputy District Public Prosecutors, and Assistant
District Public Prosecutors. This structured hierarchy ensures the effective
management and prosecution of criminal cases across various levels of the
judicial system.

IV. Functions of the Prosecution Service

The prosecution service in Pakistan is entrusted with several critical functions:

1.​ Ensuring Fair and Speedy Trials: Prosecutors are responsible for
presenting cases in court to ensure that justice is served promptly and
fairly.
2.​ Scrutinizing Police Investigations: They review police investigations and
can refer cases back to the police for rectification of any defects or
deficiencies.
3.​ Prosecution of Cases in Court: Prosecutors represent the state in
criminal proceedings, presenting evidence and legal arguments to
establish the guilt of the accused.
4.​ Assessing the Viability of Cases: They determine whether a case has
sufficient merit to proceed to trial, thereby preventing frivolous or
unsubstantiated cases from burdening the courts.
5.​ Withdrawal of Prosecution: If the chances of conviction are deemed
remote, prosecutors have the authority to withdraw the prosecution to
conserve judicial resources and prevent undue hardship to the accused.

V. Criticism of the Prosecution Service

Despite its pivotal role, the prosecution service in Pakistan faces several
criticisms:

1.​ Political Influence: Being a government department, the prosecution


service is often perceived as a tool for political victimization, where it is
used to target political opponents.
2.​ Lack of Neutrality: Due to governmental control, the service is criticized
for lacking impartiality, with its opinions often biased in favor of the ruling
government and against opposition parties.
3.​ Inexperience: As a comparatively young department, the prosecution
service is still developing its institutional capacity and experience.

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4.​ Inefficiency and Corruption: There are concerns regarding inefficiency,
corruption, and a lack of commitment and motivation among
prosecutors, especially when compared to private legal practitioners.

VI. Limitations of the Prosecution Service

The prosecution service also grapples with several limitations:

1.​ Resource Constraints: There is a significant lack of infrastructure,


including inadequate office accommodations, insufficient transport
facilities, and limited financial resources.
2.​ Low Compensation: Prosecutors often receive low salaries, which can
affect morale and performance.
3.​ Limited Career Advancement: There are bleak promotion prospects
within the prosecution service, leading to job dissatisfaction.
4.​ Security Risks: Prosecutors face security hazards, especially during the
trial of heinous crimes, which can deter effective prosecution.
5.​ Lack of Interdepartmental Cooperation: There is often non-cooperation
from other components of the criminal justice system, such as the police
and judiciary, hindering the prosecution’s effectiveness.

VII. Recommendations for Improvement

To enhance the effectiveness and integrity of the prosecution service, the


following recommendations are proposed:

1.​ Provision of Adequate Resources: Prosecutors should be provided with


sufficient office accommodations, transport facilities, and financial
resources to perform their duties effectively.
2.​ Competitive Compensation and Career Growth: The pay structure for
prosecutors should be revised to reflect the nature of their
responsibilities, and clear pathways for promotion should be
established.
3.​ Incentive Systems: A proper reward system should be introduced to
recognize and encourage the prosecution of complex and heinous
cases.
4.​ Ensuring Independence: The prosecution service must be made
independent from external pressures, particularly from the executive
branch, to ensure free and fair trials.

VIII. Conclusion

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The prosecution service is a cornerstone of Pakistan’s criminal justice system,
playing a critical role in upholding the rule of law and ensuring justice.
However, to fulfill this role effectively, it must overcome challenges related to
political interference, resource constraints, and institutional weaknesses. As
the renowned jurist Lord Denning once said, “Justice must be rooted in
confidence; and confidence is destroyed when right-minded people go away
thinking: ‘The judge was biased.’” Therefore, establishing a prosecution
service that is independent, well-resourced, and free from undue influence is
imperative for the realization of justice in Pakistan.

Secretary prosecution

Prosecutor general | additional secretary

Add. Prosecutor gen |dept. Secretary

Dept. Prosecutor gen | section officer

Assist.prosecutor gen | supporting staff

Supporting staff

—————————————————-

#Role of Prisons in Pakistan’s Criminal Justice System

Legal Framework and Definitions

The prison system in Pakistan is governed by three primary legal instruments:

1.​ The Prisons Act, 1894: This foundational law outlines the establishment,
regulation, and management of prisons in Pakistan.
2.​ The Prisoners Act, 1900: This act provides additional provisions related
to the custody and treatment of prisoners.
3.​ Pakistan Prisons Rules, 1978: These rules offer detailed procedures for
the administration of prisons, including prisoner classification, rights,
and rehabilitation programs.

According to these laws, a “prison” refers to any facility designated by the


provincial government for the detention of prisoners, excluding places used
solely for police custody.

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Types of Prisoners:

●​ Convicts: Individuals who have been found guilty and sentenced by a


court.
●​ Under-Trial Prisoners (UTPs): Individuals awaiting trial or final
judgment.

Types of Prisons:

●​ Central Prisons: Primarily house convicted prisoners serving longer


sentences.
●​ District Prisons: Generally accommodate under-trial prisoners.

Objectives of the Prisons Department

The Prisons Department in Pakistan serves multiple critical functions:

1.​ Custody of Convicts and UTPs: Ensuring the secure detention of


individuals as per legal mandates.
2.​ Execution of Punishments and Rehabilitation: Implementing
court-ordered sentences while facilitating the rehabilitation of offenders.
3.​ Correctional Programs: Providing physical, mental, and psychological
counseling to aid in the reformation of inmates.
4.​ Maintenance of Discipline: Upholding order within prison facilities to
ensure safety and security.
5.​ Educational and Vocational Training: Offering educational programs and
skill development to prepare inmates for reintegration into society.
6.​ Enforcement of Prison Laws: Adhering to the provisions outlined in the
Prisons Act and related rules.
7.​ Recreational and Welfare Measures: Organizing activities and programs
to promote the well-being of prisoners.

Criticisms of the Prisons Department

Despite its objectives, the Prisons Department faces several criticisms:

1.​ Overcrowding: Prisons operate beyond their capacity, leading to


inadequate living conditions.
2.​ Inmate Abuse: Reports of torture, sexual harassment, and political
victimization have surfaced.
3.​ Corruption: Instances of extortion from inmates and their visitors by
prison staff have been reported.

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4.​ Poor Hygiene and Food Quality: Substandard sanitation and food
contribute to health issues among inmates.
5.​ Inadequate Healthcare: Limited medical facilities and lack of essential
medicines exacerbate health problems.
6.​ Limited Recreational Facilities: Insufficient opportunities for inmates to
engage in recreational activities or maintain family connections.

Limitations of the Prisons Department

Several structural and operational limitations hinder the effectiveness of the


Prisons Department:

1.​ Infrastructure Deficiencies: Many prison facilities are outdated and lack
necessary amenities.
2.​ Financial Constraints: Insufficient funding affects maintenance,
healthcare, and rehabilitation programs.
3.​ Untrained Staff: Lack of proper training for prison staff impacts the
management and treatment of inmates.
4.​ Staff Shortages: Inadequate staffing levels lead to overburdened
personnel and compromised security.
5.​ Political Interference: External pressures can influence prison
administration and inmate treatment.

Recommendations for Improvement

To address the aforementioned issues, the following measures are


recommended:

1.​ Infrastructure Enhancement: Invest in building and upgrading prison


facilities to accommodate the inmate population adequately.
2.​ Increased Funding: Allocate sufficient resources for healthcare,
nutrition, and rehabilitation services.
3.​ Improved Living Conditions: Ensure clean and safe environments for
inmates, including proper sanitation and access to family visits.
4.​ Staff Training and Development: Implement comprehensive training
programs to enhance the skills and professionalism of prison staff.
5.​ Accountability Measures: Establish mechanisms to monitor and address
misconduct and corruption within the prison system.
6.​ Autonomy from Political Influence: Safeguard the prison administration
from external pressures to maintain impartiality and fairness.

Conclusion

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The prison system in Pakistan plays a vital role in the criminal justice
framework. However, to fulfill its objectives effectively, significant reforms are
necessary. Addressing issues of overcrowding, inadequate facilities, and staff
training will contribute to a more humane and efficient prison system. As
Nelson Mandela aptly stated,

“It is said that no one truly knows a nation until one has been inside its
jails.”

This underscores the importance of prison conditions as a reflection of


societal values and commitment to justice

PRISON / Prisoners Statistics

Number of establishment/ institutions 116(Aug,2022)

Prison population total; including 87712


UTPs)

official capacity of prison system 64099

occupancy level( based on official 136.8%


capacity)

HISTORY OF PRISON DEPARTMENT:

Prison population rate (per 38


100,000 of national population)

pre-trial detainees/ remand 70.0%


prisoners( percentage of prison
population)

Foreign prisoner( percentage of 1.2%


prison population)

Female prisoners ( percentage of 1.6%


prison population)

Juveniles/ minors/ young 1.6%


prisoners incl. definition (
percentage of prison population)

26
Probation and Parole: An Alternative to
Incarceration
Introduction
Probation and parole are important non-custodial measures in Pakistan’s
criminal justice system. These legal mechanisms aim to help convicted
offenders or adjudicated delinquents return to society under certain conditions.
Their core purpose is to assist in rehabilitation and prevent reoffending. If a
released individual violates these terms, they can be re-arrested and sent
back to prison.

Probation refers to suspending imprisonment by the court, giving the offender


a chance to reform under supervision. Parole, on the other hand, allows
prisoners to serve the final part of their sentence in the community based on
good behavior. As quoted in the UNODC report (2018):

“Non-custodial sanctions foster rehabilitation, reduce overcrowding, and


humanise criminal justice systems.”

Legal Framework for Probation and Parole in Pakistan


Several laws govern probation and parole in Pakistan. These include:

1.​ The Good Conduct Prisoners’ Probational Release Act, 1926


2.​ The Good Conduct Prisoners Probational Rules, 1927
3.​ The Reclamation and Probation Department (RPD), 1927
4.​ The Probation of Offenders Ordinance, 1960
5.​ Probation of Offenders Rules, 1961
6.​ Juvenile Justice System Ordinance, 2000 and Act, 2018
7.​ Punjab Probation and Parole Service Act, 2019

These laws lay the foundation for the functioning of probation and parole
services, defining procedures, eligibility, and responsibilities.

Salient Features of the Probation of Offenders


Ordinance, 1960

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This ordinance consists of 15 sections and authorizes the following courts to
use probation:

●​ High Court
●​ Court of Sessions
●​ Judicial Magistrates
●​ Any specially empowered magistrate

Section 4: Conditional Discharge of Offenders

If the court considers factors like the offender’s age, background, and the
nature of the offence, it may release an offender convicted of an offence
punishable with up to two years of imprisonment after due caution.

Case Study: In State v. Akhtar Hussain (2012 SCMR 665), the Supreme
Court upheld probation for a first-time offender due to his young age and
good behavior, emphasizing reformation over punishment.

Section 5: Issuance of Probation Order

Probation can be granted in cases involving:

●​ Male offenders not convicted of heinous crimes or those punishable with


death
●​ Female offenders in cases other than capital crimes

The court may ask the offender to sign a bond agreeing to good conduct.

Section 7: Violation of Probation Conditions

If the offender violates the conditions of probation, the court may issue an
arrest warrant or a summons. The offender may be penalized or returned to
custody.

Section 10: Variation of Probation Conditions

The court has the power to extend, reduce, or modify the conditions of
probation based on the request of the offender or probation officer.

Section 12: Appointment of Probation Officers

Probation officers are appointed by the officer in charge and must meet the
qualifications outlined in the rules.

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Section 13: Duties of a Probation Officer

A probation officer:

●​ Visits the offender regularly


●​ Monitors compliance with bond conditions
●​ Assists in rehabilitation, including job placement
●​ Acts as a mentor and guide

Quote: “A probation officer is the bridge between the offender and the
society.” – Criminology Journal of Pakistan (2016)

Criminal Justice Coordination Committees (CJCCs)


Under the Police Order 2002, the CJCC plays a vital role in improving
coordination for probation cases. It is headed by the District and Sessions
Judge, with the Superintendent of Police as Secretary. Other members include
the district prosecutor, prison superintendent, and the probation officer. This
forum allows collective decision-making and monitoring.

Example: The CJCC in Lahore successfully coordinated parole decisions


in 2022, reducing overcrowding in Model Town prison by 18%.

Understanding Parole
Parole refers to the conditional release of prisoners before completing their full
sentence. It is granted only after the prisoner has served a mandatory portion
of the sentence and demonstrated good conduct.

The release is authorized under:

●​ The Good Conduct Prisoners’ Probational Release Act, 1926


●​ Probational Rules, 1927

The decision is made by the provincial Home Secretary based on


recommendations and behavior assessments.

Quote: “Parole is not a reward; it is a responsibility.” – Justice Iftikhar


Muhammad Chaudhry

Parole Board

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The parole board, established by the government, performs the following
functions:

●​ Evaluates parole applications


●​ Sets conditions of release
●​ Considers appeals for changes in conditions
●​ Recommends revocation or continuation of parole

Case Study: In Asghar Ali Parole Case (2021, Punjab Parole Board), an
inmate was released on parole due to terminal illness and strong family
support. He lived peacefully and never reoffended.

Role of the Parole Officer

The parole officer:

●​ Supervises and rehabilitates released individuals


●​ Visits prisons and interviews eligible prisoners
●​ Coordinates with employers for job placement
●​ Reports on parolee behavior
●​ Resolves complaints and ensures community integration

Example: In 2023, Karachi’s parole officers helped 70 parolees secure


employment in private security firms, reducing their chances of
reoffending.

KEY DIFFERENCE BETWEEN PROBATION AND PAROLE

Criteria Parole Probation

Authority Executive(Home judicial


department)

Timing Granted after serving given before or in a


part of sentence place of imprisonment

Revocation power executive court

Limitations of the Probation and Parole System in


Pakistan

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Despite the importance of probation and parole, the system suffers from
several weaknesses:

1.​ The Reclamation and Probation Department (RPD) is not fully


developed or functional.
2.​ Staffing is inadequate, and many officers lack proper training.
3.​ The Probation Ordinance 1960 does not cover all types of offences and
is outdated.
4.​ Very few offenders are granted parole or probation, despite being
eligible.
5.​ The law is more lenient towards women but is not applicable to males
convicted of capital or serious crimes.
6.​ There is a lack of public awareness and community resistance to
reintegration.

Report: According to the Punjab Home Department Report (2022), only


4% of eligible prisoners were placed on parole due to limited staff and lack
of coordination among departments.

Recommendations for Reform


1.​ The Reclamation and Probation Department (RPD) should be
modernized with better equipment, trained staff, and digital record
systems.
2.​ More financial resources should be allocated for training, salaries, and
outreach programs.
3.​ The scope of probation laws should be expanded to include more
offences, particularly non-violent crimes.
4.​ Parole decisions should be made more frequently through independent
boards with community representation.
5.​ Public awareness campaigns should be launched to remove stigma and
encourage community reintegration.
6.​ Collaboration among the CJCC, police, and judiciary should be
improved to speed up probation and parole processes.

Quote: “Justice without compassion is cruelty in disguise. Probation and


parole are the hands of mercy in the machinery of justice.” – UN Office on
Drugs and Crime

Conclusion

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Probation and parole are crucial tools for promoting rehabilitation, reducing
prison overcrowding, and giving offenders a second chance. Although
Pakistan has made legislative progress, significant reforms are still needed to
make these systems effective and humane. With proper implementation, these
measures can reduce recidivism and foster safer communities.

Final Quote: “The mark of a civilized society is not how it punishes


the guilty, but how it rehabilitates them.” – Nelson Mandela

Criminal Investigation: A Foundational Pillar of Criminal Justice

Definition and Meaning

Criminal investigation is the process of studying facts to identify, locate, and


establish the guilt or innocence of a suspect. It is an applied science that
combines techniques from law, forensic science, and psychology to uncover
the truth about a crime. As defined under Section 4(1) of the Criminal
Procedure Code of Pakistan, investigation refers to the legal process of
collecting information or evidence about an offence. This process may be
conducted by the police or by any person authorised by a magistrate.

Investigation involves several key stages, including gathering information,


collecting and preserving evidence, apprehending suspects, and preparing the
case for prosecution.

As noted by Sir Robert Peel, the founder of modern policing:

“The police are the public and the public are the police. The police being
only members of the public who are paid to give full-time attention to
duties which are incumbent on every citizen…”

Purpose of Criminal Investigation

1. To Bring Offenders to Justice

The central purpose of investigation is to bring lawbreakers before the court of


law. It ensures that those responsible for criminal acts are identified, arrested,
and prosecuted. In the case of State v. Muhammad Azam, the court
emphasized the importance of timely and accurate investigation to avoid
miscarriage of justice.

2. Crime Prevention

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Investigations deter criminal activity by increasing the likelihood of detection
and punishment. As noted in the National Internal Security Policy (2022),
effective investigations reduce crime rates by discouraging repeat offenses.

3. Crime Control or Mitigation

A systematic investigation not only solves current crimes but also prevents
future incidents by removing repeat offenders from society. For example, in
Zainab Murder Case (2018), timely identification and conviction of the
perpetrator reassured the public and helped in restoring social order.

4. Ensuring Social Justice

By holding criminals accountable and protecting victims’ rights, investigations


ensure justice and uphold the rule of law. According to UNODC, “Justice
systems are essential in maintaining public confidence and societal balance.”

5. Protection of Vulnerable Communities

Criminal investigations safeguard marginalized and vulnerable groups by


addressing crimes such as human trafficking, child abuse, and gender-based
violence. For instance, NGOs like Sahil have worked with law enforcement to
investigate and report thousands of child abuse cases annually in Pakistan.

Process of Collection of Evidence

1. Recognising or Identifying Evidence

Investigators must first identify what constitutes potential evidence. This


includes physical items like weapons, biological samples, or digital devices. In
Model Town Lahore Case (2014), failure to initially recognize CCTV footage
delayed proceedings, illustrating the need for vigilance.

2. Collecting Evidence

Evidence must be carefully retrieved using proper tools and methods to avoid
contamination. Forensic teams follow strict procedures to ensure
chain-of-custody remains intact.

3. Preservation of Evidence

Collected evidence must be stored in conditions that prevent its deterioration.


Forensic labs such as the Punjab Forensic Science Agency (PFSA) play a key
role in maintaining integrity of samples.

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4. Documentation of Crime and Proceedings

Thorough documentation ensures transparency and accountability. Every


piece of evidence, witness statement, and action must be recorded. The case
of Benazir Bhutto’s assassination showed the consequences of failing to
secure and document a crime scene effectively.

Steps in Investigation

1. Crime Scene Inspection

Investigators must visit and secure the crime scene promptly to prevent
tampering. Use of cordons, photography, and sketching is essential. The
Federal Investigation Agency (FIA) mandates detailed scene inspection
protocols.

2. Preservation and Collection of Evidence

This involves careful handling and cataloging of evidence using forensic tools.
In the Noor Mukaddam Case (2021), DNA and CCTV footage were critical in
establishing facts.

3. Evaluating Evidence

Investigators assess the relevance and reliability of the evidence gathered.


This may involve forensic tests, interviews, and expert consultations.

4. Searching and Arresting Suspects

Police use leads from evidence to track and arrest individuals involved in the
crime. Arrests must follow legal procedures to ensure admissibility in court.

5. Interviewing and Interrogation

Witnesses and suspects are questioned to extract further information.


Investigators must follow legal and ethical norms to avoid coercion. The UN
Convention Against Torture prohibits any form of third-degree method during
interrogation.

6. Reaching a Conclusion

Based on all evidence and testimonies, the investigator compiles a final


report. This is submitted to the relevant court or authority for further legal
action.

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Principles of Criminal Investigation

1. Proportionality

Investigations must correspond to the nature and severity of the crime. Minor
offenses should not be pursued with excessive force or resources.

2. Transparency

The investigation process must be open to scrutiny to ensure public trust.


Judicial Commissions in Pakistan often review police investigations for
accountability.

3. Accuracy

Every fact must be thoroughly verified. A wrongful investigation can lead to


false imprisonment, as seen in the case of Shahbaz Masih (2017), wrongly
accused of blasphemy and later acquitted.

4. Confidentiality or Secrecy

Sensitive information must be protected to prevent panic or compromise of the


investigation.

5. Merit-Based and Pressure-Free Process

Investigators must resist political, social, or internal pressures. In the Sahiwal


Incident (2019), political pressure interfered with a fair investigation, drawing
heavy public criticism.

6. Professional Ethics

Honesty, professionalism, and integrity are foundational values. Officers must


adhere to ethical codes and training provided by institutions like National
Police Academy.

7. Scientific Approach

Modern investigations rely on forensic science rather than torture. Use of


DNA, fingerprints, and digital forensics has become standard.

8. Impartiality and Neutrality

35
Investigators must remain unbiased and treat all suspects equally regardless
of social or political background. Quoting Justice Iftikhar Muhammad
Chaudhry:

“Justice must not only be done but must also be seen to be done.”

Conclusion

Criminal investigation is a scientific, ethical, and systematic process that plays


a critical role in ensuring justice, preventing crime, and protecting society.
From gathering evidence to conducting unbiased investigations, law
enforcement agencies are the gatekeepers of justice. The effectiveness of
criminal investigation reflects the strength of a country’s legal system.

As rightly said by Dr. Martin Luther King Jr.:

“Injustice anywhere is a threat to justice everywhere.”

For Pakistan’s criminal justice system to become more effective, it must


prioritize professional training, forensic technology, impartial procedures, and
community trust in its criminal investigations.

PRELIMINARY INVESTIGATION

Introduction

A preliminary investigation is the first official response by law enforcement


when a crime is reported. It plays a vital role in the overall process of criminal
investigation. The main goal of a preliminary investigation is to identify the
offender, collect initial evidence, and begin the legal process to bring the
offender to justice. This stage is crucial as it sets the foundation for a
successful prosecution.

As per Criminal Procedure Code (CrPC) and policing manuals, this phase
determines whether a crime has occurred and ensures that immediate action
is taken to secure the crime scene, collect evidence, and arrest suspects.

According to Paul B. Weston, “Criminal investigation is a logical process of


discovering the truth. The preliminary investigation is the first step to uncover
that truth.”

Objectives of Preliminary Investigation

The primary aim of this stage is to collect enough information to:

36
●​ Confirm whether a crime has occurred.
●​ Identify the offender.
●​ Secure and preserve all evidence.
●​ Initiate immediate legal action like arrests if necessary.
●​ Prepare the groundwork for follow-up investigations.

Case Study: In the famous Zainab Ansari murder case (2018) in Kasur,
Punjab, the prompt response by the police to secure CCTV footage from the
surrounding area during the preliminary investigation led to the arrest of the
serial offender within days.

Steps in Preliminary Investigation

There are six structured steps that police follow during the preliminary
investigation. Each of these steps ensures that no crucial evidence or
information is missed.

1. Assess the Crime Scene and Help Injured Persons

The first duty of the police upon arrival is to check the crime scene for injured
persons. Immediate medical aid must be provided, and emergency services
should be called if required. This step is essential as it saves lives and also
allows investigators to document injuries as evidence.

Example: In robbery or shooting cases, the first responder may stabilize


victims and simultaneously ask them for immediate statements which can be
vital leads.

2. Observe the Scene

The crime scene must be observed carefully. This includes looking for signs of
struggle, entry or exit points, weapons, and any visible clues. Every
observation helps reconstruct the crime.

Reference: According to the Manual of Police Procedures, detailed


observation prevents contamination and leads to higher conviction rates.

3. Determine if a Crime Has Occurred

After observing, the officer must decide if a crime has legally taken place.
Sometimes, a call may involve civil disputes, misunderstandings, or accidental
injuries that do not qualify as criminal offences. The officer must determine the
nature and seriousness of the crime.

37
Quotation: Sir Robert Peel, the father of modern policing, stated, “The ability
of the police to perform their duties is dependent upon public approval of
police actions,” highlighting the importance of careful judgment in such
decisions.

4. Secure the Crime Scene and Preserve Evidence

The integrity of a crime scene is essential. Officers must secure the area with
barriers or police tape and restrict entry. All evidence—physical (like
weapons), biological (blood, hair), and electronic (CCTV)—must be preserved.

Case Study: In the Model Town incident (2014), poor evidence preservation by
police led to significant challenges during the judicial inquiry.

5. Interview Witnesses and Gather Statements

Police must identify all possible witnesses, interview them, and collect
statements. These initial statements can be critical and later compared during
trial.

Example: In many murder cases, a nearby shopkeeper or passerby becomes


a key witness because of their early statement during the preliminary stage.

6. Organise Information into a Detailed Report

Finally, all collected data must be compiled into a written report. This includes
observations, interviews, evidence, and actions taken. A well-documented
report becomes part of the case file used by detectives and in court.

Reference: According to UNODC’s Criminal Justice Handbook, documentation


in preliminary stages increases the transparency and efficiency of prosecution.

Procedure of Preliminary Investigation

The preliminary investigation begins as soon as the first officer (also known as
the first responder) arrives at the crime scene or receives information about
the crime. This officer’s responsibility is to manage the scene until higher
investigative authorities or detectives take over.

The investigation continues until all possible leads from the crime scene have
been explored. If no suspects are identified or leads dry up, the case may be
closed at this stage or transferred to a detective unit for follow-up.

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Additional Information: Patrol officers, not detectives, usually carry out the
preliminary investigation. They are trained to collect and protect evidence,
record witness statements, and initiate the process of justice. This division of
responsibility ensures quick response and efficient handling of evidence.

Duties During Preliminary Investigation

Police officers have specific responsibilities during this stage depending on


the nature of the crime. These duties include:

●​ Providing First Aid and Rescue Operations: Saving lives is the top
priority. Officers must ensure victims receive medical attention before
focusing on investigation.
●​ Determining Details of the Incident: Officers must gather basic
facts—what happened, who was involved, and whether the crime
actually occurred. For instance, a loud noise complaint could turn out to
be a domestic assault.
●​ Observing the Scene: Every mark, broken object, or out-of-place item
can serve as evidence. Police note all visible conditions and record
them through photography or written notes.
●​ Contacting Investigators if Needed: If the crime is serious (like homicide
or sexual assault), a special investigation unit is called immediately.
●​ Relaying Information to Other Units: Communication is crucial. Suspect
descriptions, vehicle numbers, or stolen item details are shared with
other police teams to track the offender.
●​ Interviewing Victims and Witnesses: Officers must identify
complainants, record witness accounts, and take preliminary
statements.
●​ Protecting the Scene: Police begin a crime scene log to document who
enters or exits. Evidence is secured and labelled.
●​ Identifying and Arresting Suspects: If a suspect is found nearby or
identified from witness accounts, police may arrest them on the spot,
provided there is probable cause.
●​ Interrogating Suspects and Taking Written Statements: Police may
begin questioning, especially in minor crimes. Any confession or
statement is documented.
●​ Submitting a Full Report: A complete and accurate report is the final
task, which is later used by detectives and lawyers.

Example: In the Shahrukh Jatoi murder case (2012), police failure to


accurately record and secure the initial evidence allowed the accused to

39
manipulate the investigation, though he was later convicted due to public
pressure and media scrutiny.

Conclusion

The preliminary investigation is the backbone of the criminal justice process. A


flawed investigation at this stage can compromise the entire case. Proper
observation, documentation, witness handling, and evidence preservation are
essential for justice to be served. It ensures that offenders are held
accountable, victims are respected, and the rule of law is upheld.

Quotable Conclusion:

“Justice is not only about punishment; it begins with truth-seeking.” – UNODC


Criminal Justice Reform Report

“A good investigation at the start writes the judgment at the end.” – Justice
Asif Saeed Khosa, Former Chief Justice of Pakistan.

Database Investigation in Criminal


Justice
Definition of a Database
A database is an organized collection of structured information or data. It is
usually stored electronically in a computer system and is designed to be easily
accessed, modified, updated, and managed. Typically, the data is structured in
rows and columns in tables, which allows for efficient processing and
querying.

“A database is like a library of digital information – stored, categorized,


and ready to be used when needed.” – James Martin, Information
Engineering

Database Management System (DBMS)


A Database Management System (DBMS) is a software that enables the
creation, management, and administration of databases. Every modern
organization – including government departments, hospitals, schools, and
police – uses a DBMS to maintain and manage their information efficiently.

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In the criminal justice system, law enforcement agencies rely heavily on
databases to store and retrieve information related to crimes, criminals,
victims, forensic results, financial transactions, land ownership, and more.

Police Databases
The police maintain several specialized databases for criminal investigation.
These databases help track criminals, identify patterns, and collect evidence.

1. Criminal Record Office (CRO) Database

This database stores detailed information on criminals and gangs, including:

●​ Modus operandi: This records the common methods or techniques used


by habitual offenders. For example, snatchers targeting elderly women
in Lahore follow similar timings and locations.
●​ Fingerprint bureau (AFIS): Automated Fingerprint Identification System
(AFIS) helps in matching prints from a crime scene with known
criminals.
●​ Database of convicts: Contains information on people convicted in the
past.
●​ CTD (Counter-Terrorism Department) database: Holds intelligence data
on terrorists and extremist groups.

Case Study: In 2021, Punjab Police used AFIS to match fingerprints left on
a glass at a robbery scene with a repeat offender from Lahore, leading to
a swift arrest.

Other Databases Used in Investigation


Besides police-maintained databases, law enforcement can also use other
government and private sector databases during investigations:

1. NADRA Database

National Database and Registration Authority (NADRA) provides details of


citizens, including biometric verification, family trees, and national identity
records.

Example: NADRA data helped identify the suspect in the 2018 Zainab
murder case in Kasur by matching DNA with family records.

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2. Forensic Laboratory Databases

These include:

●​ Ballistic database: Helps match bullet casings with firearms.


●​ DNA database: Stores genetic information for comparison in rape,
murder, or unknown identity cases.

3. Immigration Database

Maintains entry and exit records, passport details, and travel history. It is
useful in tracking fugitives or confirming alibis.

Example: FIA tracked a fugitive who fled to Dubai using immigration


records, leading to his extradition in 2020.

4. BOR (Board of Revenue) Land Record Database

Helps trace ownership of land and properties used in crimes like fraud, land
grabbing, or money laundering.

5. Education Database

Used to verify educational qualifications and identify fake degree holders or


fraudsters.

6. Mobile Phone Companies’ Database

These provide data related to call logs, SMS records, and location tracing
using cell tower triangulation.

Case Study: In 2022, Karachi police solved a kidnapping case using call
data records that traced the accused to a remote village in Sindh.

7. Bank Transactions and Financial Databases

Help trace money laundering, fraud, and illegal financial transactions.

8. Health and Hospital Database

Used to verify the medical history or injuries of victims and suspects. It can
also confirm fake injury claims in self-defense cases.

Benefits of Database Investigation

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Database investigation provides several advantages in modern policing and
criminal trials:

●​ Readily Available: The data is easily accessible by authorized officers.


●​ Authentic and Accurate: Maintained by certified organizations, making it
reliable.
●​ Court-Admissible: Data from official databases is easily accepted in
courts as documentary evidence.
●​ Corroborates Other Evidence: Helps support ocular evidence
(eyewitness statements) and forensic reports.

“In this digital age, databases are the new detectives.” – Chief Justice Asif
Saeed Khosa

Precautions While Using Databases


Despite their usefulness, databases should be used with great care and
responsibility:

●​ The investigating officer must personally collect the required data from
the relevant department to maintain the chain of custody.
●​ Only primary (original) data should be used. Data from third-party
sources or unverified records should be avoided.
●​ The data must be current, not outdated or obsolete, to avoid misleading
results.
●​ Every data source must be verified and authenticated by the concerned
departmental officer, along with a signed statement of verification.

Example: In a 2019 robbery case in Rawalpindi, the police mistakenly


arrested an innocent man due to reliance on outdated mobile data. He
was released after three days when current data revealed he was not in
the city at the time of the crime.

Conclusion
In the modern era of digital policing, database investigation has become a
backbone of effective criminal justice. Whether it’s identifying suspects
through fingerprints or confirming alibis using mobile records, databases play
a vital role in ensuring justice.

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However, as powerful as these tools are, they must be used responsibly and
with ethical caution. The misuse of data or negligence can lead to injustice
and loss of public trust.

“Justice must not only be done, it must be seen to be done – and in this
age, data is what makes it visible.” – Lord Hewart

By combining technology with human intelligence and integrity, law


enforcement can use databases not only to solve crimes but to create a safer
and more transparent society.

Electronic/Digital Investigation in Criminal


Justice
Definition of Digital Forensics
Digital forensics involves the recovery, investigation, and analysis of electronic
data. It is commonly used to uncover evidence in cybercrime, criminal cases,
or internal investigations. Electronic data can provide critical evidence and
clues in many cases, aiding in the discovery of cybercrime, data theft,
cryptocurrency crimes, security breaches, instances of hacking, and more.

“Digital evidence is information stored or transmitted in binary form that


may be relied on in court.” – National Institute of Justice

Purpose of Electronic Investigation


The primary objectives of digital forensics are:

1.​ Identification and Preservation of Digital Evidence: Ensuring that digital


evidence is identified and preserved in its most unaltered form.
2.​ Facilitating Investigative Procedures: Enabling relevant investigative
procedures to be performed, leading to informed conclusions.
3.​ Uncovering and Interpreting Electronic Data: Analyzing electronic data
to identify the root cause of specific cybercrime incidents.

Role of Electronic Investigation Experts


Cyber forensic specialists are experts in performing investigations of
encrypted data using various forensic software, tools, and techniques. They

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can crack passwords, recover deleted files, and more to find evidence
supporting cybercrime incidents.

“The role of a digital forensic analyst is akin to that of a detective in the


digital realm.” – Association of Digital Forensics Professionals

Importance of Electronic Investigation


Electronic investigation is crucial for investigating:

●​ Cybercrime: Such as hacking, phishing, and unauthorized access.


●​ Terrorism Cases: Tracking communication and planning through digital
means.
●​ Heinous Crimes: Including cases where digital evidence like CCTV
footage is vital.
●​ Financial Crimes: Such as fraud, embezzlement, and money
laundering.
●​ Data Theft: Unauthorized access and extraction of sensitive information.

“In today’s digital age, electronic evidence often holds the key to solving
complex crimes.” – Cyber Crime Division, Federal Investigation Agency

Digital Forensic Investigation Process


The digital forensic process typically consists of the following core steps:

1.​ Identification: Recognizing potential sources of digital evidence.


2.​ Collection, Extraction, and Preservation: Gathering and safeguarding
digital evidence.
3.​ Examination/Analysis: Analyzing the collected data for relevant
information.
4.​ Documentation: Recording the findings and processes undertaken.
5.​ Reporting/Presentation: Presenting the findings in a comprehensible
manner.

Stages of Digital Forensics Investigation


Stage 1: Identification

This involves identifying devices and resources containing data pertinent to


the investigation. The data could reside on organizational devices like

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computers or laptops, or on personal devices such as mobile phones and
tablets. These devices are then seized and isolated to prevent any possibility
of tampering. If the data is on a server, network, or cloud host, investigators
ensure exclusive access to prevent unauthorized interference.

“Proper identification is the cornerstone of effective digital forensics.” –


International Journal of Digital Crime and Forensics

Stage 2: Collection, Extraction, and Preservation

Digital forensic investigators employ forensic techniques to extract relevant


data, creating a digital copy known as a “forensic image.” This image is used
for analysis and evaluation, while the original data and devices are securely
stored to maintain integrity.

“Preserving the original data ensures the admissibility of evidence in


court.” – Digital Forensics Magazine

Stage 3: Examination/Analysis

Investigators use various techniques to examine the data, searching for clues
or evidence indicating wrongdoing. This often involves recovering and
examining deleted, damaged, or encrypted files using techniques such as:

●​ Reverse Steganography: Extracting hidden data by examining the


underlying hash or character strings of files.
●​ File or Data Carving: Identifying and recovering deleted files by
searching for fragments left behind.
●​ Keyword Searches: Using specific keywords to locate and analyze
relevant information, including deleted data.

“Advanced analysis techniques are essential in uncovering concealed


digital evidence.” – Journal of Digital Investigation

Stage 4: Documentation

Findings from the investigation are meticulously documented to provide a


clear visualization of the entire investigative process and its conclusions.
Proper documentation aids in formulating a timeline of activities involved in the
wrongdoing, such as embezzlement, data leakage, or network breaches.

“Comprehensive documentation is vital for transparency and accountability


in digital investigations.” – Forensic Science International

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Stage 5: Reporting/Presentation

Upon completion of the investigation, findings are presented to a court,


committee, or relevant authority responsible for determining the outcome of a
lawsuit or internal complaint. Digital forensic investigators may serve as expert
witnesses, summarizing and presenting the evidence discovered and
disclosing their findings.

“Effective presentation of digital evidence can significantly influence


judicial outcomes.” – Legal Technology Journal

Conclusion
In the contemporary digital landscape, electronic investigation has become an
indispensable component of the criminal justice system. It enables the
identification, preservation, and analysis of digital evidence crucial for solving
complex crimes. By adhering to systematic processes and employing
specialized techniques, digital forensic experts play a pivotal role in upholding
justice.

“In the realm of justice, digital footprints often lead the way to truth.” –
Anonymous

FORENSIC INVESTIGATION: A COMPREHENSIVE OVERVIEW

Introduction: The Essence of Forensic Investigation

Forensic investigation involves the application of scientific methods and


techniques to analyze physical evidence, aiding in criminal and civil legal
proceedings. Physical evidence is crucial as it helps establish facts,
reconstruct events, and identify individuals involved in crimes. Forensic
science encompasses various disciplines, including pathology, toxicology,
entomology, and digital forensics.

1. Forensic Pathology: Unveiling Causes of Death

Forensic pathology focuses on examining deceased individuals to determine


the cause and manner of death. Forensic pathologists, also known as medical
examiners, are responsible for:

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●​ Determining causes of sudden or unexpected deaths.​

●​ Performing autopsies to gather evidence.​

●​ Analyzing tissue samples and bodily fluids.​

●​ Documenting injuries and wounds.​

Case Study: In the 2022 retrial of Karen Read, accused of killing her
boyfriend, forensic evidence, including timing data from devices and physical
evidence, played a central role in the proceedings.

2. Forensic Toxicology: Detecting Poisons and Drugs

Forensic toxicology examines the presence and effects of toxic substances,


chemicals, and poisons in criminal cases. Toxicologists investigate both illegal
and legal drugs, analyzing how these substances are absorbed, circulated,
and eliminated by the body, as well as their effects.

Example: In cases of suspected poisoning, toxicologists analyze bodily fluids


to detect the presence of harmful substances, aiding in determining the cause
of death.

3. Forensic Entomology: Insects as Crime Scene Witnesses

Forensic entomology involves studying insects to provide information related


to crimes, such as:

●​ Estimating the time of death.​

●​ Determining body movement.​

●​ Identifying the location of the crime.​

●​ Assessing whether the victim had been administered any drugs.​

Case Study: The 1935 “Jigsaw Murders” case utilized entomological studies to
help identify dismembered body parts, leading to the conviction of Dr. Buck
Ruxton.

4. Digital Forensics: Tracing Electronic Evidence

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Digital forensics deals with recovering, investigating, and analyzing electronic
data, often used to uncover evidence in cybercrimes, criminal cases, or
internal investigations. Electronic data can provide critical evidence and clues
in many cases, aiding in discovering cybercrimes, data theft, security
breaches, hacking incidents, and more.

Purpose of Electronic Investigation:

1.​ Identify and preserve digital evidence in its purest form.​

2.​ Enable relevant investigation procedures and conclusions.​

3.​ Uncover and interpret electronic data to identify the root cause of
cybercrime incidents.​

Digital Forensics Process:

●​ Identification: Recognize devices and resources containing relevant


data.​

●​ Collection and Preservation: Extract and securely store pertinent data,


creating a “forensic image.”​

●​ Analysis: Examine data using techniques like reverse steganography,


file carving, and keyword searches.​

●​ Documentation: Record findings to visualize the investigative process


and conclusions.​

●​ Presentation: Present findings to courts or relevant authorities, often


with experts acting as witnesses.​

Example: In the Karen Read retrial, digital forensic evidence, including data
from devices, was pivotal in the case.

5. DNA Analysis: The Genetic Fingerprint

DNA, or deoxyribonucleic acid, is the building block of the human body;


virtually every cell contains DNA, which remains unchanged throughout a
person’s life.

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Value of DNA Evidence:

DNA is a powerful investigative tool because, except for identical twins, no two
individuals share the same DNA. Therefore, DNA evidence collected from a
crime scene can link a suspect to the crime or eliminate them from suspicion.

DNA Testing:

The most common form of DNA analysis is the Polymerase Chain Reaction
(PCR), which amplifies small DNA samples to generate profiles for
comparison.

Case Study: In the 2004 murder case of Jessica Keyworth, new forensic
testing linked DNA evidence to a suspect, highlighting the role of DNA in
solving cold cases.

6. Fingerprint Analysis: Unique Identifiers

Fingerprint analysis involves collecting and examining fingerprints from crime


scenes. A classification system groups fingerprints based on characteristics,
aiding in matching them against large databases. Modern methods include
biometric verification for accurate identification.

Example: The Uttar Pradesh government in India expanded its forensic labs
and integrated with the National Automated Fingerprint Identification System
(NAFIS), significantly improving investigation speed and accuracy.

7. Bloodstain Pattern Analysis: Decoding Bloodshed Events

Bloodstain pattern analysis examines the size, shape, direction, and


distribution of bloodstains at a crime scene to determine the events leading to
bloodshed. These patterns reveal the “what” and “how” of the incident.

Example: Analyzing blood spatter can help determine the type of weapon
used and the position of the victim and assailant during the crime.

8. Ballistics Analysis: Tracing Firearms and Ammunition

Ballistics analysis involves the scientific examination of fired ammunition to:

●​ Verify firearms used in crimes.​

●​ Compare recovered firearms with crime scene evidence.​

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Example: Matching bullet casings from a crime scene to a suspect’s firearm
can establish a connection between the suspect and the crime.

9. Handwriting Comparison: Detecting Document Forgeries

Handwriting analysis is used in cases involving:

●​ Questioned documents.​

●​ Tampering with documents.​

●​ Frauds and forgeries.​

●​ Forged signatures.​

Example: Analyzing handwriting can help determine the authenticity of a


signature on a disputed will.

10. Audio and Video Analysis: Visual and Auditory Evidence

Audio and video recordings can provide real-time accounts of crimes, allowing
investigators to observe or hear events as they occurred. Sources include
surveillance videos, hidden cameras, CCTV footage, and mobile phone
recordings.

Example: Surveillance footage capturing a crime in progress can be crucial


evidence in court proceedings.

Conclusion: The Integral Role of Forensic Science

Forensic science plays a vital role in the criminal justice system by providing
objective, scientific analysis of evidence, which aids in uncovering the truth
and ensuring justice. As technology advances, forensic methods continue to
evolve, enhancing the accuracy and reliability of criminal investigations.

Quotation: “Forensic science is not just about solving crimes; it’s about
uncovering the truth and delivering justice.”

INTERVIEW TECHNIQUES IN CRIMINAL INVESTIGATIONS

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Understanding Interviews and Interrogations

An interview is a conversation aimed at gathering information. In criminal


investigations, interviews can be categorized into two types: non-accusatory
(witness interviews) and accusatory (suspect interrogations). Investigators
conduct interviews with all available witnesses and potential suspects,
employing open-ended questions to elicit comprehensive information. It’s
crucial that the interviewee does most of the talking, allowing the investigator
to gather as much detail as possible. If it’s discovered that the subject has lied
during the interview, the investigator typically refrains from immediate
confrontation.

Interrogation, on the other hand, involves directly questioning suspects about


their involvement in the criminal activity under investigation. This process is
accusatory and is often conducted after all evidence has been considered.

Standards for Conducting Interviews

The setting of an interview is pivotal. Ideally, interviews should be conducted


in private offices or designated interview rooms to minimize distractions.
However, circumstances may necessitate field interviews at crime scenes,
over the phone, or at the interviewee’s workplace. Regardless of location,
efforts should be made to minimize distractions, such as requesting the
interviewee to step aside from groups or turning off mobile phones.

Preparation: The Key to Effective Interviews

Thorough preparation is essential for successful interviews. Investigators must


be well-versed in all aspects of the case, ensuring that investigative files are
organized and comprehensive. A well-prepared investigator can ask pertinent
questions and follow up effectively, leading to more productive interviews.

Cognitive Interviewing: Enhancing Memory Recall

Cognitive interviewing is a technique designed to enhance the recollection of


victims and witnesses. Conducted in quiet, secluded locations, this method
encourages interviewees to speak slowly and reconstruct the event’s details in
various ways. The four primary techniques include:

1.​ Reconstructing the Circumstances: The witness is asked to recall how


the incident began and the surrounding circumstances.​

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2.​ Reporting Everything: The witness is encouraged to share all details,
regardless of perceived significance.​

3.​ Recalling Events in Different Orders: The witness describes the event
backward or from a midpoint, promoting comprehensive recall.​

4.​ Changing Perspectives: The witness describes the incident from


another person’s viewpoint, offering new insights.​

Case Study: In a notable case, the use of cognitive interviewing techniques


enabled a witness to recall details of a criminal event that occurred 34 years
prior, which were later corroborated by existing police records .

Interviewing Witnesses: Gathering Accurate Accounts

Witness interviews are non-accusatory and aim to gather accurate accounts of


events. Investigators should systematically interview all witnesses to ensure a
thorough investigation. Even if a witness later becomes a suspect, they should
initially be treated as a source of information. Open-ended questions allow
witnesses to provide detailed responses, and follow-up questions can clarify
and expand upon initial answers.

Interviewing Victims: A Trauma-Informed Approach

Victim interviews require sensitivity, as victims may be traumatized, angry, or


fearful. The investigator’s primary concern should be the victim’s health and
safety, which may necessitate postponing the interview. Effective
communication skills are essential to obtain valuable information from victims.
Victims should be encouraged to describe the incident in detail, including any
relationships with other individuals involved. In property crime cases, details
about stolen or damaged items should be documented. Collecting the victim’s
contact information facilitates follow-up conversations.

Case Study: The New York Police Department revised its interview techniques
for sexual assault victims, adopting the Forensic Experiential Trauma
Interview (FETI) method. This approach focuses on sensory recall, allowing
victims to provide comprehensive narratives without retraumatization .

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Conclusion

Effective interview techniques are fundamental to criminal investigations. By


employing structured approaches like cognitive interviewing and adopting
trauma-informed methods, investigators can gather accurate and
comprehensive information. As the saying goes, “The art of questioning is the
art of learning.”

Interrogation Techniques
“The answers lie not in the words spoken, but in the silence between them.” –
Anonymous

Definition of Interrogation
Interrogation is the formal process of questioning a suspect to determine their
involvement in a crime. Unlike casual interviews, interrogation is accusatory in
nature. The purpose is to uncover the truth by confronting the suspect with
evidence and carefully framed questions.

Interrogations are typically conducted at the end of an investigation, once all


evidence has been collected. This allows investigators to question suspects
with maximum preparation and confidence.

Objectives of Interrogation
The main goals of interrogation include:

●​ Ascertaining the facts surrounding the criminal activity.​

●​ Eliminating innocent individuals from suspicion.​

●​ Identifying the guilty party through evidence-based questioning.​

●​ Obtaining a confession or credible information that can further the case.​

According to Paul Ekman, a renowned psychologist, “A good interrogator


listens more than speaks and knows that silence can be more revealing than
speech.”

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Interrogation Techniques
Traditional Methods of Interrogation
1. The Traditional Method – “We Will Beat the Truth Out of You”

This outdated method involves physical and psychological coercion to force


confessions. It includes torture, third-degree treatment, threats, bullying, and
humiliation.

For instance, during the Abdul Basit case in Pakistan (2015), a suspect was
forced into confession under custodial torture. Later, medical reports showed
severe spinal injuries, and human rights organisations such as Amnesty
International condemned this act.

This method is widely criticised for violating human rights and often results in
false confessions. As per the UN Convention Against Torture, such practices
are illegal and unethical.

2. Good Cop, Bad Cop – “You Can Trust Me”

In this technique, two interrogators take opposing roles. One appears


aggressive (bad cop), while the other shows empathy (good cop). The
contrast creates psychological pressure on the suspect, who begins to trust
the “good” officer and is more likely to talk.

This technique was famously used in the Boston Marathon bombing case
(2013) where one suspect was pressured through psychological manipulation,
while another officer played a reassuring role.

Psychologist Robert Cialdini states: “People comply more easily when faced
with contrast—bad treatment followed by good seems like a relief.”

3. The Suspect’s Viewpoint – “On the Other Hand”

This involves encouraging the suspect to explain the situation from their
perspective. The investigator listens empathetically and tries to understand
motives or justifications. It builds rapport and reduces hostility.

In the Daniel McGowan case, a U.S. environmental activist was approached


using this method. Investigators allowed him to explain his ideology, which led
to further leads without threats or force.

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4. Rapport Building – “Birds of a Feather”

Rapport creation focuses on building a connection with the suspect through


shared experiences, language, or emotions. When suspects feel comfortable
and respected, they are more willing to reveal information.

This technique is highly successful in terrorism-related interrogations in the


UK, where MI5 officers use culture-based rapport-building to encourage
suspects to speak.

Advanced Methods of Interrogation


5. The Reid Technique – The American Style

Developed in the United States, the Reid Technique is a structured


interrogation process with nine steps. It includes accusation, theme
development, and breaking down resistance.

Key Elements:

●​ Presenting facts first.​

●​ Offering moral justifications (e.g., “You did this to protect your family”).​

●​ Moving towards indirect confession.​

Criticism: This technique has led to false confessions, as seen in the Central
Park Five case (1989), where five teenagers were coerced into admitting to a
crime they didn’t commit.

Experts like Saul Kassin argue: “The Reid Technique, though systematic,
often leads to psychologically induced false confessions.”

6. The PEACE Method – The British Model

PEACE stands for Preparation, Engagement, Account, Closure, and


Evaluation. It is a non-coercive, ethical approach that focuses on gathering
accurate information without pressure.

Used by: UK police and many Commonwealth countries.

Notable Feature: Does not allow deception or false promises.

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In the Harold Shipman investigation, police used the PEACE method to
document inconsistencies in the doctor’s statements, eventually revealing that
he was one of the UK’s most prolific serial killers.

The UK’s College of Policing highlights this method as “an ethical and
effective interview model that prioritises truth over confession.”

7. Kinesic Interview – Truth in Movement

Kinesic interviewing relies on observing a suspect’s body language, facial


expressions, and speech patterns to detect lies. Interviewers are trained to
spot inconsistencies between verbal and non-verbal cues.

Example: In the Scott Peterson case (2002), FBI agents observed conflicting
emotional responses and microexpressions, which contradicted Peterson’s
words. This played a major role in securing his conviction.

Renowned body language expert Joe Navarro explains: “The body reveals
what the mind conceals. Watch the feet, not just the face.”

Legal and Ethical Considerations


Traditional interrogation techniques involving torture violate the Constitution of
Pakistan (Article 14: Inviolability of Dignity) and international laws such as the
UN Convention Against Torture. Modern practices like the PEACE method
uphold both legality and morality.

Human rights lawyer Asma Jahangir once stated, “Justice does not begin with
a confession, but with dignity.”

Conclusion
Interrogation is both an art and a science. While the goal is to uncover the
truth, the means must be ethical, legal, and humane. Advanced methods such
as the PEACE model and kinesic interviews are proof that effective results can
be achieved without violating human rights. The future of criminal investigation
lies in intelligence, not intimidation.

Lasting Quotation:

“Injustice anywhere is a threat to justice everywhere.” – Martin Luther King Jr.

Difference between interview and interrogation:

57
Interview Interrogation

conducted with witnesses conducted with accused

conducted in formal and informal conducted in a very formal way


ways

conducted to elicit information conducted to establish guilt or


getting confession

interviewee is a free man interrogated is in police custody

set free after interview remains in police custody

REID INTERROGATION TECHNIQUE

Introduction

The Reid Technique is one of the most widely used police interrogation
methods in the United States. It was developed in the 1950s by John E. Reid,
a polygraph expert and former Chicago police officer. This method is built on
the belief that guilty individuals tend to show more nervousness than innocent
ones during questioning. The Reid Technique is both systematic and
psychological, aiming to identify deception, obtain confessions, and ensure
the guilty party is held accountable.

“The ultimate aim of any interrogation is to extract the truth—not just a


confession.” – John E. Reid

Three Components of Reid Technique

1. Factual Analysis

Factual analysis is the first stage. Here, each suspect is examined based on
their relationship with the crime. This analysis is not limited to crime scene
evidence but also includes details about the suspect’s background and
behavior. The purpose is to estimate the suspect’s probable guilt or
innocence.

The analysis considers:

●​ Biosocial status (e.g., gender, marital status)

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●​ Access and opportunity to commit the crime
●​ Behavior before and after the crime
●​ Motivation and psychological inclination
●​ Physical and circumstantial evidence

This information helps the investigator identify characteristics that will be


useful during the later interrogation.

Example: In the Central Park Jogger Case (1989), factual analysis played
a key role in misidentifying suspects. The actual criminal was found years
later, highlighting the importance of accurate and ethical use of factual
data.

2. Behaviour Analysis Interview (BAI)

The BAI is a non-accusatory, structured interview designed to provoke certain


responses from the suspect to detect truthfulness or deception. It begins with
background questions to establish a baseline for the suspect’s normal
behavior.

After that, the investigator asks behaviour-provoking questions, which are


specifically designed to trigger distinct reactions in guilty and innocent
individuals. These questions help the investigator form an opinion about the
suspect’s honesty.

Example: A 2003 study published in the Journal of Police and Criminal


Psychology found that trained officers using BAI could identify deception
with 65% accuracy, higher than random chance but still limited by
subjective judgment.

3. Interrogation Phase (Nine Steps of Reid Technique)

The interrogation phase is only initiated when the investigator is reasonably


certain of the suspect’s involvement. It follows a nine-step process:

Step 1: Positive Confrontation

The investigator confidently informs the suspect that the evidence proves their
guilt. The statement must be clear and firm, creating psychological pressure.

Step 2: Theme Development

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A moral or social justification is introduced to make the suspect feel less
blameworthy, such as blaming stress or bad influence. The investigator uses a
sympathetic tone.

Example: In a 2012 New York case, an investigator convinced a suspect to


confess by saying, “Anyone under that pressure might have done the
same.”

Step 3: Handling Denials

If the suspect tries to deny the accusation, the investigator discourages it. The
idea is that innocent suspects tend to offer prompt and forceful denials, while
guilty ones hesitate or ask for permission to speak.

Step 4: Overcoming Objections

When the suspect fails to deny and instead gives excuses (e.g., “I love my
family too much to do this”), the investigator accepts the excuse but uses it to
reinforce the theme of guilt.

Step 5: Getting the Suspect’s Attention

The investigator works to keep the suspect engaged and focused on the
theme, not the consequences. This might include reducing physical space
between the two to increase pressure.

Step 6: Handling Passive Mood

If the suspect becomes quiet or withdrawn, the investigator intensifies the


theme, showing understanding and empathy, and continues to urge them to
tell the truth.

Step 7: Presenting an Alternative Question

Two options are presented, both assuming guilt, but one offers a socially
acceptable explanation (e.g., “Did you plan this, or did it just happen in the
heat of the moment?”). This gives the suspect a face-saving way to confess.

Step 8: Getting an Oral Confession

Once the suspect accepts guilt, the investigator gets them to orally describe
the event in detail. This helps confirm the authenticity of the confession.

Step 9: Written or Recorded Confession

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The final step is converting the oral confession into a written or recorded
statement, which can be used as legal evidence.

Criticisms of the Reid Technique

Although widely used, the Reid Technique has faced serious academic and
ethical criticism, especially due to its potential to lead to false confessions.

1. Misclassification

Investigators may wrongly label a truthful suspect as deceptive due to


misinterpreted behavioral cues.

According to Professor Saul Kassin (2010), “Misclassification errors are


the root of many wrongful convictions.”

2. Coercion

Critics argue that some Reid tactics, especially psychological manipulation,


amount to coercion, especially for vulnerable individuals.

In the false confession case of Brendan Dassey (Netflix’s Making a


Murderer), a teenager was manipulated into confessing without legal
counsel, under extreme psychological pressure.

3. Contamination

Sometimes, investigators unintentionally provide suspects with non-public


case details, which the suspect repeats in the confession. This makes it
appear accurate, even when the suspect was innocent.

Example: In the Norfolk Four case, false confessions were obtained from
Navy sailors after they were fed information during interrogations.

Conclusion

The Reid Technique has become a global model for structured interrogation,
combining psychology, behavior analysis, and strategic questioning. However,
its methods require great caution and ethical use, particularly because of the
possibility of false confessions.

“Interrogation is not a battle of wits, but a pursuit of truth.” – Saul M.


Kassin

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It is important for law enforcement agencies to balance effective questioning
with respect for human rights, ensuring justice is served for both the victim
and the accused.

——-

Interrogation Techniques: PEACE Method


and Kinesic Interviewing
Introduction
Interrogation techniques are essential tools in criminal investigations. Two
notable methods are the PEACE method, primarily used in the United
Kingdom, and the Kinesic Interview technique, which focuses on non-verbal
cues. Both aim to gather accurate information while minimizing the risk of
false confessions.

The PEACE Method


Overview

The PEACE method stands for Preparation and Planning, Engage and
Explain, Account, Closure, and Evaluate. Developed in England, this
approach emphasizes a less confrontational style compared to methods used
in the United States. Investigators allow suspects to tell their stories without
interruption before addressing any inconsistencies. Importantly, deception by
investigators is prohibited during interviews.

Preparation and Planning

Interviewers must consider characteristics of the interviewee that could


influence the interview plan, such as cultural background, which may affect
how someone prefers to be addressed. Practical arrangements, like visiting
the crime scene or selecting an appropriate interview location, are also
essential.

Engage and Explain

Interviewers should build rapport with the individual, using active listening to
establish trust. They must explain the purpose of the interview, its objectives,

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and what the interviewee can expect during the process. Encouraging the
individual to share any relevant information is crucial.

Account

Using appropriate questions and active listening, interviewers obtain the


interviewee’s account of events. Questions should be concise and free of
jargon to avoid confusion. Multipart questions are generally avoided, and
leading questions are used only as a last resort.

Closure

To avoid abrupt endings, interviewers should summarize the person’s account,


allowing for clarifications and questions. This ensures that the interviewee
feels heard and that the information gathered is accurate.

Evaluate

After the interview, interviewers assess how the account fits within the broader
investigation, determine if further action is needed, and reflect on their
performance to improve future interviews.

Case Study: The Chenery-Wickens Investigation

In 2008, British police used the PEACE method to interview David


Chenery-Wickens regarding his wife’s disappearance. Detective Constable
Gary Pattison conducted the interview respectfully, allowing Chenery-Wickens
to speak freely. This approach led to inconsistencies in his story, ultimately
contributing to his conviction.

Kinesic Interviewing
Overview

Kinesic interviewing focuses on analyzing a person’s behavior to assess


deception. It involves interpreting non-verbal cues such as body language,
facial expressions, gestures, and eye contact. This method shares similarities
with the Reid Technique but places greater emphasis on non-verbal
communication.

Phases of Kinesic Interviewing

Practical Kinesic Analysis Phase

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In this phase, interviewers observe and analyze the subject’s behavior to
identify truthful and deceptive responses. Techniques include asking specific
types of questions:

●​ Punishment Question: “What do you think should happen to the


criminal?” Guilty individuals may suggest leniency, revealing internal
conflict.
●​ Evidence-Based Question: “Is there any reason your fingerprints might
be found near the crime scene?” Guilty individuals may attempt to
fabricate explanations.
●​ Crime Existence Question: “Do you think this crime was even
committed?” Guilty individuals may deny the crime’s occurrence to
distance themselves.

Practical Kinesic Interrogation Phase

Based on observations from the analysis phase, interviewers tailor their


interrogation strategies to the subject’s behavior and personality. The goal is
to “break the cycle of deception” by confronting the subject’s negative
emotional states and encouraging truthful disclosures.

Stages of the Interview

1.​ Orientation: Establishing rapport and setting the tone for the interview.
2.​ Narration: Allowing the subject to provide their account without
interruption.
3.​ Cross-Examination: Challenging inconsistencies and probing deeper
into the account.
4.​ Resolution: Concluding the interview and summarizing findings.

Case Study: Denver Criminal Cases

In Denver, law enforcement has applied kinesic interviewing techniques to


analyze non-verbal cues in criminal cases. By observing stress indicators and
emotional leakage through micro-expressions, investigators have enhanced
their ability to detect deception and gather accurate information.

Conclusion
Both the PEACE method and Kinesic Interviewing offer valuable frameworks
for conducting effective and ethical interviews. The PEACE method’s
structured, non-confrontational approach helps prevent false confessions,

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while Kinesic Interviewing’s focus on non-verbal cues aids in detecting
deception. As investigative techniques evolve, integrating these methods can
lead to more accurate and just outcomes.

Quotation: “The ultimate aim of any interrogation is not to secure a confession,


but to uncover the truth.”

———

Criminal Profiling –

Introduction

Criminal profiling is an advanced investigative technique that helps law


enforcement agencies identify likely suspects. It has also been useful in
connecting multiple crimes that may have been committed by the same
person. The goal is to construct a psychological portrait of the unknown
offender by studying the crime and behavior linked to it. As R. Ressler of the
FBI explained, profiling is “a process of identifying all the psychological
characteristics of an individual, forming a general description of the
personality, based on the analysis of the crimes committed by him or her.”

Historical Background: The Case of Jack the Ripper

The first known case of offender profiling was during the investigation of Jack
the Ripper, a serial killer who murdered several prostitutes in London in the
1880s. Dr. Thomas Bond, a police surgeon, was asked to provide an opinion
about the killer’s surgical skills and mental state. His assessment was based
on the most mutilated victim and the post-mortem notes of four earlier
murders. In his 1888 report, Bond described the murders as sexually
motivated with strong elements of misogyny and rage. He also attempted to
reconstruct the sequence of the murder and interpret the behavioral patterns
of the killer. This was the first step towards psychological profiling in modern
criminal investigation.

Understanding Psychological Profiling

Psychological profiling is the technique of identifying a suspect’s mental,


emotional, and personality traits through the evidence left at a crime scene. It
is built on two foundational assumptions:

1.​ Behavioural Consistency – This means an offender is likely to commit


crimes in a similar manner.

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2.​ Homology Assumption – This suggests that offenders with similar
backgrounds tend to commit similar types of crimes.

Approaches to Offender Profiling

There are three leading approaches to criminal profiling:

1. Crimina l Investigative Approach (FBI Model)

This approach is used mainly by law enforcement, especially the FBI’s


Behavioral Analysis Unit (BAU). According to the FBI, the BAU assists other
agencies by reviewing criminal acts and analyzing offender behavior during
the crime. The FBI also examines how the offender interacted with the victim.
The profiling process includes six steps:

●​ Profiling Inputs: Collection of all available information.


●​ Decision Process Models: Arrangement of data into patterns.
●​ Crime Assessment: Reconstruction of the crime.
●​ Criminal Profile: Psychological sketch of the offender.
●​ Investigation: Using the profile to aid in suspect identification.
●​ Apprehension: Arrest and evaluation of the suspect.

Case Study: In the 1970s, the FBI used profiling to help catch serial killer Ted
Bundy. The psychological profile helped narrow down suspects by identifying
a charismatic, intelligent, and manipulative man who had a hatred for women
resembling his ex-girlfriend.

2. Clinical Practitioner Approach

This approach treats each case as unique and uses psychodynamic theories
to understand the offender. The profiling focuses on the personality and
mental health of the suspect. It avoids using stereotypes and aims to develop
a profile that is easily understandable by all levels of law enforcement.

Example: Clinical psychologists were used in the case of Andrei Chikatilo, a


Soviet serial killer. By evaluating his psychological history, the police created a
detailed individualistic profile that led to his capture in 1990.

3. Scientific Statistical Approach

This method uses statistical data and multivariate analysis of behaviors and
evidence from the crime scene. The profiler compares the current case with
previously solved crimes to predict the characteristics of the unknown

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offender. This method is data-driven and relies on patterns derived from past
offenders.

Example: British profiler David Canter used this method in the 1980s Railway
Rapist case in London. By analyzing geographic and behavioral patterns,
Canter helped police identify and arrest John Duffy.

Five Steps of Criminal Profiling

According to experts, the general profiling process includes:

1.​ Analyzing the criminal act and comparing it with similar past crimes.
2.​ Conducting an in-depth analysis of the crime scene.
3.​ Studying the victim’s background and activities for possible motives and
links.
4.​ Considering other possible motives for the crime.
5.​ Developing a suspect profile to compare with previous cases.

Criminal Investigation Analysis (CIA)

Criminal Investigation Analysis (CIA) is a multidisciplinary method involving


psychiatry, psychology, and criminology. It organizes and analyzes
crime-related data. It led to the development of Diagnostic Evaluation (DE),
which is an early form of profiling.

Although CIA lacks a universally accepted definition, it is known as an


investigative tool that helps identify the psychological and behavioral traits of
offenders. It is especially useful in violent crime cases.

Steps of CIA include:

1.​ Evaluating the criminal act.


2.​ Examining the crime scene.
3.​ Analyzing the victim thoroughly.
4.​ Reviewing initial police reports.
5.​ Reviewing autopsy protocols.
6.​ Developing a profile of the offender.
7.​ Offering investigative suggestions based on the profile.

Criticism and Support for CIA

Some experts criticize CIA for being unscientific, while others see it as a
practical and effective tool during investigations. It plays an important role in
expanding criminal databases by solving closed cases and contributing to

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future profiling strategies. Therefore, it is considered an essential part of the
justice system.

Case Study: In the BTK Killer case in Kansas, criminal profiling and CIA
played a major role in connecting multiple murders from different years to a
single perpetrator, Dennis Rader. His behavior patterns, letters, and taunts to
the police helped profilers develop a psychological sketch that eventually led
to his arrest in 2005.

Conclusion

Criminal profiling, whether through the FBI model, clinical approach, or


scientific method, has revolutionized modern policing. It enables law
enforcement to construct psychological blueprints of offenders and solve
complex crimes, especially in serial cases.

As emphasized by profiler John Douglas of the FBI, “To understand the artist,
you must look at the painting. To understand the criminal, you must look at the
crime.”

Criminal profiling is not an exact science but a strategic tool that, when used
correctly, bridges the gap between psychology and law enforcement. As more
data and research emerge, profiling continues to evolve, making it an
indispensable element of contemporary criminal investigation.

Final Quotation

As Thomas Bond stated in 1888 during the Jack the Ripper case, “I give my
opinion with much diffidence, and submit it with a hope that even if incorrect in
detail, it may afford a suggestion to those who are devoting their time and
talents to the discovery of this fiend in human form.”

This early recognition of psychological insight remains relevant, showing that


the mind of the criminal is often the key to unlocking the mystery of the crime.

——-

Stop and Frisk, Arrest, Search, Seizure, and


Hot Pursuit: Legal Procedures and
Safeguards

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1. Stop and Frisk: Meaning and Legal Framework
The term “stop and frisk” refers to a situation where a police officer, who
suspects an individual of carrying a concealed weapon, temporarily detains
that person and lightly pats down their outer garments. The purpose of this
frisk is not to conduct a full search but to check if the individual is carrying a
weapon. This is a precautionary measure done to ensure the safety of the
officer and others.

Stop and frisk is different from an arrest. An arrest is a more formal and
lengthy legal process in which the suspect is taken into custody, transported to
a police station, and formally booked. In contrast, a stop is only a temporary
interference with the individual’s liberty. If, during the frisk, the officer uncovers
further evidence of a crime, it may lead to an actual arrest. However, if no
such evidence is found, the person must be immediately released.

Unlike a full search, a frisk is usually limited to a light patting down of outer
clothing. If the officer feels something that resembles a weapon, they are
allowed to reach inside the clothing to retrieve it. However, if no weapon is felt,
the officer is not permitted to search any further.

Legal Precedent: Terry v. Ohio (1968)

The practice of stop and frisk was legally validated by the U.S. Supreme Court
in the case of Terry v. Ohio (1968). The Court ruled that police officers are
authorized to conduct stop and frisk operations on the basis of reasonable
suspicion, which is a standard lower than probable cause. Reasonable
suspicion must be based on specific and articulable facts that criminal activity
may be afoot, and that the person may be armed and dangerous.

“The police must be able to point to specific and articulable facts which,
taken together with rational inferences from those facts, reasonably
warrant that intrusion.” – Chief Justice Earl Warren, Terry v. Ohio

Example and Case Study

In Terry v. Ohio, a police detective saw two men repeatedly pacing in front of a
store, appearing to plan a robbery. Upon stopping and frisking them, he found
concealed firearms. The Supreme Court upheld the officer’s actions,
establishing that such limited searches are lawful when based on reasonable
suspicion.

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This case has since become a landmark reference for policing powers
globally, including in Pakistan.

2. Arrest: Definition and Legal Provisions


The word “arrest” means to seize or capture a person, specifically to take or
keep someone in custody by legal authority. An arrest may occur with or
without a warrant, depending on the situation and the nature of the offense.

Types of Arrests

●​ Arrest with a warrant: A court issues a written order directing the police
to arrest a specific individual.
●​ Arrest without a warrant: This may happen when a police officer
witnesses a cognizable offense or has reasonable grounds to believe
the person has committed such an offense.

Section 46 Cr.PC: Procedure of Making an Arrest

Under Section 46 of the Code of Criminal Procedure (Cr.PC):

●​ While making an arrest, the police officer or person executing the arrest
must physically touch or confine the body of the person unless the
person submits voluntarily.
●​ If the person resists or tries to escape, the officer may use all necessary
means to ensure the arrest is completed.
●​ Importantly, no woman shall be arrested after sunset and before
sunrise. If exceptional circumstances exist, a female police officer must
obtain prior written permission from a Judicial Magistrate of First Class
in whose jurisdiction the arrest is to be made.

Case Reference: Peshawar High Court Ruling

In a significant judgment, the Peshawar High Court ruled that male officers are
not permitted to body-search women under any circumstances. The Court
emphasized that Section 52 Cr.PC mandates a woman must be searched by
another woman with strict regard to decency.

“No woman shall be arrested or searched by a male police officer. Dignity


of the individual is a constitutional right.” – Peshawar High Court
Judgment, 2023

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3. Search: Legal Rights and Procedures
Section 47 Cr.PC: Search of a Place for Arrest

If a police officer has legal authority to arrest a person and has reason to
believe the suspect is hiding inside any place, the person in charge of that
place must, upon the officer’s demand, allow free entry and assist in
conducting the search.

Section 48 Cr.PC: Forced Entry If Ingress Denied

If the officer is not allowed to enter, then he may break open the outer or inner
doors or windows to enter and search the premises. This legal backing is
provided to ensure that suspects cannot hide or escape due to lack of
cooperation.

4. Arrest-Related Procedures: Human Rights


Protections
Section 50 Cr.PC: No Unnecessary Restraint

Any person who is arrested should not be subjected to more physical restraint
than necessary to prevent escape. This protects individuals from abuse or
excessive force during custody.

Section 51 Cr.PC: Search of Arrested Person

When someone is arrested, the police may search that individual and place all
items found (except necessary clothing) in safe custody. This ensures
evidence preservation and the safety of both the suspect and law enforcement
officers.

Section 52 Cr.PC: Mode of Searching Women

Whenever it is necessary to search a woman, the search must be conducted


by another woman, and it must be done with strict regard to decency. This
provision upholds the dignity and privacy of women during criminal
proceedings.

5. Seizure: Weapons and Evidence Collection


Section 53 Cr.PC: Power to Seize Offensive Weapons

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The police officer making an arrest is legally allowed to take away any
offensive weapons found on the person. All such weapons must be delivered
to the concerned officer before whom the arrested person is produced.

Seizure Memo

A Seizure Memo is a written document that lists all the items taken from the
suspect during arrest or search. It includes date, place, time, item description,
and is signed by witnesses. It serves as an important piece of evidence in
court.

6. Hot Pursuit: Cross-Jurisdiction Arrests


Section 58 Cr.PC: Pursuit into Other Jurisdictions

A police officer, while attempting to arrest someone without a warrant, is


legally allowed to pursue the suspect into any part of Pakistan. This is
commonly known as the “hot pursuit” rule, which ensures that suspects cannot
escape justice by merely crossing provincial or city boundaries.

Example

If a person commits a robbery in Lahore and flees to Peshawar, the police


from Lahore are legally allowed to enter Peshawar and arrest the suspect
without needing special permission from local police, under Section 58.

7. Detention and Court Presentation


Section 60 Cr.PC: Production Before Magistrate

If an arrest is made without a warrant, the police officer must, without


unnecessary delay, bring the arrested person before a magistrate having
jurisdiction or the officer in charge of a police station.

Section 61 Cr.PC: Time Limit for Detention

A person arrested without a warrant cannot be kept in police custody for more
than 24 hours, excluding the time needed for travel to the magistrate’s court.
Keeping someone beyond this time period is considered illegal detention, a
violation of fundamental rights.

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“Liberty of a citizen is a fundamental right. Detaining a person beyond 24
hours without judicial approval is a direct violation of Article 10 of the
Constitution of Pakistan.” – Justice Mansoor Ali Shah, Supreme Court of
Pakistan

Conclusion
The criminal justice system grants police officers significant powers, including
the authority to stop, frisk, arrest, search, and pursue suspects. However,
these powers are not absolute and must be exercised within legal boundaries
to protect individual rights and uphold the rule of law. The Code of Criminal
Procedure (Cr.PC) in Pakistan outlines clear procedures and safeguards,
especially in relation to searches, arrests of women, and timely judicial
oversight.

“Power tends to corrupt and absolute power corrupts absolutely.” – Lord


Acton
“The law is not a tool of power; it is the guardian of liberty.” – Chief Justice
Asif Saeed Khosa

Adherence to these legal procedures ensures a fair criminal justice process


where both public safety and individual dignity are respected.

——-

INTERNATIONAL POLICE ORGANISATION: INTERPOL

“Criminals cross borders. So must police.” – INTERPOL

Introduction to INTERPOL

The International Criminal Police Organization, commonly known as


INTERPOL, is the world’s largest international police organization. It helps in
coordinating international efforts to combat crimes that cross borders.
INTERPOL acts as a global platform for law enforcement cooperation.

INTERPOL was founded on September 7, 1923, in Vienna, Austria, and its


headquarters are currently in Lyon, France. The founder was Johannes
Schober, an Austrian police officer and politician. The current President is
Ahmed Nasir Al Raisi from the United Arab Emirates, while the Secretary
General is Jürgen Stock, a senior police official from Germany.

Structure of INTERPOL

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INTERPOL’s structure is designed to promote international cooperation
through central coordination:

●​ The General Assembly is the main governing body and meets once a
year, bringing together all 194 member countries.
●​ The General Secretariat, headed by the Secretary General, coordinates
day-to-day operations and is composed of police officers and civilian
staff.
●​ INTERPOL has a Global Complex for Innovation in Singapore and
several regional satellite offices for closer collaboration with member
countries.
●​ Each member country has a National Central Bureau (NCB), which acts
as a point of contact for INTERPOL. These NCBs are managed by
national police officials and are typically located in a ministry
responsible for policing.

Case Example:

In 2021, INTERPOL played a key role in tracking down a fugitive involved in


cybercrime in Nigeria through coordination between the NCBs of Nigeria and
the United States. The arrest was made without INTERPOL agents entering
the country, showcasing its coordination-based model.

Main Functions of INTERPOL

INTERPOL provides a range of services to assist member countries in fighting


crimes:

1.​ Criminal Databases:​


INTERPOL manages 18 police databases containing vital information
like names, fingerprints, DNA samples, and stolen passports. These
databases are available in real time to all member countries.​
Example:​
The Lost and Stolen Travel Document Database contains over 12
million records, helping prevent the movement of criminals using fake or
stolen passports.
2.​ Investigative Support:​
INTERPOL offers forensic analysis, helps locate international fugitives,
and provides technical support in complex cases.​
Case Study:​
In 2018, INTERPOL helped locate a fugitive child abuser in Southeast

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Asia by analysing digital evidence and coordinating with local police.
The criminal was successfully extradited.
3.​ Training and Capacity Building:​
INTERPOL organizes training sessions to help law enforcement
officials in member countries use its services effectively.
4.​ Crime Areas Focus:​
INTERPOL concentrates on three major crime areas:
○​ Terrorism
○​ Cybercrime
○​ Organized crime
5.​ Each area has its own team responsible for investigations, field
operations, training, and networking activities.
6.​ Neutrality:​
As per Article 3 of its Constitution, INTERPOL cannot intervene in
matters of political, military, religious, or racial nature. It strictly
maintains a neutral stance.​
Quote:​
“Interpol’s neutrality is its strength, allowing cooperation even between
nations that do not share diplomatic relations.”
7.​ Languages Used:​
INTERPOL conducts its operations in four official languages: Arabic,
English, French, and Spanish.

Role of INTERPOL (According to Its Constitution)

Article 2 outlines INTERPOL’s primary role:

●​ To ensure and promote the widest possible mutual assistance among


criminal police authorities within the framework of existing laws and the
spirit of the Universal Declaration of Human Rights.
●​ To develop institutions that help in the prevention and suppression of
crimes that violate ordinary law.

Article 3 strictly forbids the organization from becoming involved in any


political, military, religious, or racial activity.

INTERPOL is not a supranational agency; it does not have its own officers
with arrest powers. It functions as a network that connects police agencies
globally, providing data access and communication tools but not direct
enforcement.

Example:

75
When a suspect is located through INTERPOL’s Red Notice system, it is the
local police, not INTERPOL officers, who make the arrest based on their
national laws.

INTERPOL Databases

INTERPOL’s databases, located at its Lyon headquarters, are key tools in


fighting global crime. These include:

●​ Wanted persons lists


●​ Fingerprints
●​ Facial recognition data
●​ DNA profiles
●​ Travel and identity documents

These databases support the national efforts of member states, especially


when the crime or criminal crosses international borders.

Case Study:

In 2020, INTERPOL’s fingerprint database helped identify a human trafficking


suspect arrested in Hungary, who was using a fake identity. The match came
through a record from a previous arrest in Brazil.

I-24/7: INTERPOL’s Secure Communications Network

INTERPOL has developed a highly secure internet-based network called


I-24/7, which allows law enforcement agencies to communicate instantly and
access databases 24/7.

●​ This system is used at airports, border checkpoints, and NCBs.


●​ Member countries can also access each other’s databases through
I-24/7.

Example:

In 2019, I-24/7 helped intercept a shipment of endangered wildlife at a


European airport by alerting customs based on prior intelligence shared via
INTERPOL.

Areas of Cooperation

INTERPOL supports international law enforcement in the following crime


areas:

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●​ Terrorism
●​ Human trafficking
●​ Cybercrime
●​ Drug trafficking
●​ Organised crime
●​ Environmental crime
●​ Corruption
●​ Counterfeit currency
●​ Cultural heritage crime
●​ Crime against children
●​ Firearm and vehicle trafficking
●​ Maritime crime
●​ Financial fraud
●​ War crimes
●​ Illicit goods

Case Study:

Operation PANGEA, coordinated by INTERPOL, targets counterfeit medical


products globally. In 2022, the operation led to the seizure of 11 million illicit
medicines and arrested over 500 suspects in 94 countries.

Conclusion

INTERPOL plays a vital role in connecting law enforcement agencies


worldwide. Though it does not have powers of arrest, its databases,
communication networks, and coordination abilities make it a cornerstone of
international crime prevention and suppression. Its neutrality allows it to
operate in politically complex situations and support member countries without
bias.

Final Quotation:

“Law has no borders, and neither should justice.” – INTERPOL Mission


Statement

Reference Sources:

●​ INTERPOL Constitution (Article 2 and 3)


●​ INTERPOL Official Website: www.interpol.int
●​ Case Reports: INTERPOL Operations 2018–2023
●​ Universal Declaration of Human Rights (1948)

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——————

EUROPOL: The European Union Agency for Law Enforcement


Cooperation

Introduction

Europol, officially known as the European Union Agency for Law Enforcement
Cooperation, was established on October 1, 1998. Its primary mission is to
make Europe safer by supporting EU member states in combating serious and
organized crime, as well as terrorism. Headquartered in The Hague,
Netherlands, Europol serves as a central hub for criminal intelligence and
coordination among the 27 EU member states.

Management and Control

Europol operates under the oversight of the Council of Ministers for Justice
and Home Affairs of the European Union. This council is responsible for
appointing the Executive Director and Deputy Directors, as well as approving
Europol’s budget in conjunction with the European Parliament. On January 1,
2010, Europol became a full EU agency, and on May 1, 2017, it officially
became the European Union Agency for Law Enforcement Cooperation
following the enforcement of new regulations.

Organizational Structure

79
The Executive Director leads Europol and acts as its legal representative. The
agency comprises several specialized centers and units, each focusing on
specific areas of crime:

●​ European Cybercrime Centre (EC3): Enhances the law enforcement


response to cybercrime in the EU, protecting citizens, businesses, and
governments from online crime.
●​ European Counter Terrorism Centre (ECTC): Serves as an operations
center and hub of expertise, central to the EU’s efforts to enhance its
response to terrorism.
●​ European Migrant Smuggling Centre (EMSC): Supports member states
in targeting and dismantling complex criminal networks involved in
migrant smuggling.
●​ Intellectual Property Crime Coordinated Coalition (IPC3): Central to the
EU’s efforts to combat intellectual property crime within and outside the
EU.

Europol also operates specialized systems offering secure capabilities for


storing, searching, visualizing, and linking information. These include:

●​ FIU.net: A sophisticated computer network supporting Financial


Intelligence Units (FIUs) in the EU in their fight against money
laundering and terrorism financing.
●​ Secure Information Exchange Network Application (SIENA): A
state-of-the-art platform meeting the communication needs of EU law
enforcement.
●​ Europol Platform for Experts (EPE): A secure, collaborative web
platform for specialists working in various law enforcement areas.
●​ European Information System: A reference system for offenses,
individuals involved, and related data.

Mandate and Operational Activities

Europol supports law enforcement authorities throughout the EU in


crime-fighting activities across various mandate areas. Operational activities
focus on:

●​ Illicit drug trafficking


●​ Trafficking in human beings
●​ Facilitated illegal immigration
●​ Cybercrime
●​ Intellectual property crime

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●​ Cigarette smuggling
●​ Euro counterfeiting
●​ VAT fraud
●​ Money laundering and asset tracing
●​ Mobile organized crime groups
●​ Outlaw motorcycle gangs
●​ Terrorism

Europol Threat Assessments

To provide deeper insights into the crimes they tackle, Europol produces
regular assessments offering comprehensive, forward-looking analyses of
crime and terrorism in the EU:

●​ EU Serious and Organized Crime Threat Assessment (SOCTA):


Updates Europe’s law enforcement community and decision-makers on
developments in serious and organized crime and the threats posed.
●​ EU Terrorism Situation and Trend Report (TE-SAT): Provides a detailed
account of the state of terrorism in the EU.
●​ Internet Organized Crime Threat Assessment (IOCTA): Reports on key
findings and emerging threats and developments in cybercrime.
●​ Europol Review: An annual publication detailing progress made in
fighting crime.

Europol Specialized Bodies

Europol operates several specialized bodies to enhance its operational


capabilities:

●​ Operational Centre: A 24/7 hub for data exchange among Europol,


member states, and third parties.
●​ Joint Cybercrime Action Taskforce (J-CAT): Drives intelligence-led,
coordinated action against cybercrime threats and top targets by
facilitating joint identification, prioritization, and initiation of
investigations.

Case Studies

Operation Trojan Shield (2018–2021): A collaboration between the FBI,


Europol, and other agencies, this operation involved distributing encrypted
devices to criminal networks. Unbeknownst to the criminals, law enforcement
had access to the communications, leading to over 800 arrests and the

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seizure of 40 tons of drugs, 250 firearms, and $48 million in various
currencies.

Operation SpecTor (2023): Europol coordinated this operation to dismantle the


darknet market “Monopoly Market,” resulting in 288 arrests, the seizure of $53
million, 850 kg of drugs, and 117 firearms. The operation involved nine
countries, including the United States, Austria, France, Germany, and the
Netherlands.

Operation Dark HunTor (2021): Targeting opioid trafficking on the dark web,
this operation led to 150 arrests across several countries and the seizure of
over $31 million, 234 kg of drugs, and 45 firearms.

Operation Shrouded Horizon (2015): An 18-month investigation culminating in


the seizure of the cybercrime forum Darkode and the arrest of 70 individuals
involved in various cybercrimes.

Europol’s Role in Combating Emerging Threats

Europol continuously adapts to emerging threats, such as AI-powered fraud,


which has been identified as a growing concern in Europe. The agency’s
SOCTA 2025 report highlights the increasing use of AI in online fraud,
cyber-attacks, and online child sexual exploitation. Europol’s proactive
approach includes enhancing its cyber capabilities and fostering international
cooperation to address these evolving challenges.

Conclusion

Europol stands as a pivotal entity in the European Union’s efforts to combat


serious and organized crime, as well as terrorism. Through its specialized
centers, collaborative operations, and continuous threat assessments, Europol
enhances the security of EU citizens. As crime evolves with technological
advancements, Europol’s commitment to innovation and cooperation remains
essential in safeguarding Europe.

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———

🌐 United Nations Office on Drugs and Crime (UNODC)


📘 Overview
Established in 1997 as the Office for Drug Control and Crime Prevention, the
agency was renamed the United Nations Office on Drugs and Crime (UNODC)
in 2002. UNODC focuses on combating illicit drug trafficking and abuse, crime
prevention, criminal justice, and international political corruption. It is a
member of the United Nations Development Group.

🏢 Organizational Structure
UNODC aims to strengthen international cooperation in crime prevention and
criminal justice. It facilitates the exchange of information, research, training,
and public education. Headquartered in Vienna, Austria, UNODC operates 21
field offices and two liaison offices in Brussels and New York City. The United
Nations Secretary-General appoints its Executive Director.

🎯 Aims and Functions


UNODC assists the UN in addressing coordinated responses to issues like
illicit drug trafficking, crime prevention, international terrorism, and political
corruption. Its primary functions include research, guidance to governments
on implementing conventions and treaties, and providing technical and
financial assistance.

🔍 Key Focus Areas


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●​ Alternative development
●​ Anti-corruption
●​ Criminal justice
●​ Prison reform and crime prevention
●​ Drug prevention, treatment, and care, including HIV and AIDS
●​ Human trafficking and migrant smuggling
●​ Money laundering
●​ Organized crime, piracy, and terrorism prevention

🇵🇰 UNODC in Pakistan
UNODC has been active in Pakistan for over 35 years, collaborating closely
with the Government of Pakistan (GoP) and civil society to address challenges
related to drugs and crime. The country program focuses on:

1.​ Illicit trafficking and border management


2.​ Criminal justice and legal reform
3.​ Drug demand reduction, prevention, and treatment

🧪 Case Study: Strengthening Investigation Capacity for Synthetic


Drugs

In 2024, UNODC conducted training in Costa Rica for law enforcement


officers from Latin America to enhance their capacity to investigate crimes
involving synthetic drugs. The training covered crime scene management,
evidence preservation, and detection of fraudulent documents. This initiative
aimed to improve the success rate of prosecuting synthetic drug trafficking
cases.

🧾 Conclusion
UNODC plays a central role in the global fight against illicit drugs, organized
crime, human trafficking, and terrorism. Through research, technical
assistance, and cooperation with member states, UNODC has empowered
law enforcement and judicial systems worldwide. In Pakistan, its long-standing
support in border management, legal reforms, and drug rehabilitation reflects
its commitment to strengthening national capacities. The organization’s work
underlines the importance of a unified international approach to transnational
crime.

“No crime can be prevented without cooperation, and no justice can be


ensured without a just system.” – UNODC Motto

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🏛️ United Nations Asia and Far East Institute (UNAFEI)
📘 Overview
Established in 1962 through an agreement between the United Nations and
the Government of Japan, UNAFEI aims to promote the development of
criminal justice systems and mutual cooperation in Asia and the Pacific region.
Its headquarters are in Tokyo, Japan.

🎯 Activities
UNAFEI conducts training courses and seminars for personnel involved in
crime prevention and criminal justice administration. It also engages in
research and studies related to crime prevention and the treatment of
offenders.

📚 Training Programs
Annually, UNAFEI organizes two international training courses and one
international seminar. Participants primarily come from Asia and the Pacific,
with some from Africa and Latin America. These programs significantly
contribute to training criminal justice personnel and developing effective crime
prevention measures in developing nations.

📊 Participation Statistics (as of March 31, 2021)


●​ Asia: 3,057 participants
●​ Africa: 687 participants
●​ North and South America: 301 participants
●​ Europe: 236 participants
●​ Pacific countries: 218 participants
●​ Japan: 1,612 participants
●​ Pakistan: 110 officers trained

🛠️ Workshops Organized by UNAFEI


●​ 2021 – Japan: Reducing reoffending by identifying risks and developing
solutions
●​ 2015 – Qatar: Women’s treatment of offenders, rehabilitation, and social
reintegration
●​ 2010 – Brazil: Strategies against overcrowding in correctional facilities

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●​ 2005 – Thailand: Combating economic crime, including money
laundering
●​ 2000 – Austria: Addressing crimes related to computer networks

Conclusion:

UNAFEI serves as a bridge between countries, especially in


Asia and the Pacific, promoting mutual understanding and
cooperation in criminal justice systems. Its contribution to
training thousands of criminal justice officials, including 110
from Pakistan, has had a direct impact on legal and
procedural reforms across the region. By promoting
international standards and exchanging best practices,
UNAFEI is helping build more effective, humane, and
efficient criminal justice systems in developing countries.
“Training and knowledge sharing are the foundation stones of justice.” –
UNAFEI Principle

United Nations Children’s Fund (UNICEF)


📘 Overview
UNICEF is mandated by the United Nations General Assembly to advocate for
the protection of children’s rights, help meet their basic needs, and expand
their opportunities to reach their full potential. Guided by the Convention on
the Rights of the Child, UNICEF focuses on ensuring special protection for
disadvantaged children, including victims of war, disasters, extreme poverty,
violence, exploitation, and those with disabilities.

🎯 Aims
UNICEF aims to:

●​ Promote equal rights for women and girls


●​ Ensure children’s health and nutrition
●​ Provide quality education
●​ Protect children from violence and exploitation
●​ Improve water, sanitation, and hygiene (WASH)

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●​ Respond to emergencies to protect children’s rights

🇵🇰 UNICEF in Pakistan
Since 1948, UNICEF has worked to promote and protect the rights and
well-being of children and women in Pakistan. It provides basic services,
including education, health, nutrition, protection, water, sanitation, and
hygiene. UNICEF also offers humanitarian assistance during emergencies.

🧪 Case Study: Improving WASH in Schools in Punjab


UNICEF supported the Government of Punjab in developing a WASH in
Schools (WinS) strategy, backed by UNICEF’s Three Star Approach. The
strategy includes a minimum hygiene package, training for stakeholders,
hardware improvements, and a monitoring and evaluation framework. This
initiative aims to improve hygiene practices and infrastructure in schools
across Punjab.

🧪 Case Study: Enhancing Energy Resilience in Health Facilities


A UNICEF study highlighted that developing resilient energy systems to power
health facilities in Pakistan could avert over 175,000 deaths by 2030. The
study emphasized the importance of reliable electricity for health centers,
especially during extreme heatwaves, to reduce mortality rates and improve
public health outcomes.

Conclusion

UNICEF’s work is vital to securing the rights and well-being of children across
the globe. By focusing on education, health, child protection, and WASH
services, it tackles the root causes of child vulnerability. In Pakistan, UNICEF’s
interventions—from promoting hygiene in schools to making healthcare
energy-resilient—have transformed countless lives. It remains a cornerstone
institution in advancing the rights of the child under the principles of the
Convention on the Rights of the Child (CRC).

“There can be no keener revelation of a society’s soul than the way in


which it treats its children.” – Nelson Mandela

👮 International Police Association (IPA)


📘 Overview
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Founded on January 1, 1950, by British Sergeant Arthur Troop, the
International Police Association (IPA) is the largest organization for police
officers worldwide. It is a friendship organization for members of the police
force, whether in employment or retired, without distinction as to position,
gender, race, language, or religion.

🎯 Aims
IPA aims to:

●​ Create and strengthen bonds of friendship between police service


members
●​ Promote international cooperation in social, cultural, and professional
fields
●​ Encourage peaceful coexistence between peoples and the preservation
of world peace
●​ Improve the public image of the police service and enhance recognition
of the IPA

🏢 Organizational Structure and Goals


IPA organizes participation in international, national, and local professional,
cultural, and social events. It offers opportunities for professional development
through its educational facility, IBZ Gimborn in Germany, and provides funding
for individual members via the Arthur Troop Scholarship. IPA also facilitates
professional police exchange programs and emergency aid for disasters,
coordinated by the International Social Commission.

🌍 IPA National Sections


The IPA currently comprises 65 national sections and two provisionally
affiliated sections.

🇵🇰 IPA Pakistan
Pakistan was affiliated with the IPA on September 8, 2001. As of December
2022, it has 680 members. The office of the International Police Association,
Pakistan Section, is located at Police Lines, Sector H-11, Islamabad, Pakistan.
The current President of IPA Pakistan is Dr. Shoaib Suddle, former Inspector
General of Police (IGP).

Conclusion

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The International Police Association stands out as a unique platform for
promoting international police cooperation and friendship. By fostering cultural
exchange, professional development, and mutual assistance among officers
from 65 countries, IPA strengthens global policing ties. Its presence in
Pakistan since 2001 and engagement with officers through scholarships and
training has improved law enforcement practices and global integration. IPA
embodies the spirit of “Servo per Amikeco”—Service through Friendship.

“Policing is not just a job; it’s a bridge between peace and justice that
knows no borders.” – Arthur Troop (Founder, IPA)

🧾 Conclusion
These international organizations—UNODC, UNAFEI, UNICEF, and IPA—play
pivotal roles in addressing global challenges related to crime prevention, child
welfare, and law enforcement cooperation. Their collaborative efforts and
specialized programs contribute significantly to creating safer, healthier, and
more just societies worldwide.

As Nelson Mandela once said, “Education is the most powerful weapon which
you can use to change the world.” Through education, training, and
international cooperation, these organizations empower individuals and
communities to overcome adversity and build a better future.

—————

Cybercrime: A Comprehensive Overview


🔍 Definition of Cybercrime
Cybercrime refers to any illegal activity that involves a computer, network, or
networked device. These crimes can be committed by individuals or groups
with the intent to harm, exploit, or defraud victims. Cybercriminals may use
computers as tools, targets, or both to execute their malicious activities.

“Cybercrime is the greatest threat to every company in the world.” — Ginni


Rometty, former CEO of IBM

🧩 Categories of Cybercrime
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Cybercrimes are broadly categorized into two main types:

1.​ Crimes Targeting Computers or Networks: These involve attacks that


aim to damage or disrupt computer systems or networks. Examples
include the creation and dissemination of viruses, malware, and
Denial-of-Service (DoS) attacks.
2.​ Crimes Using Computers as Tools: In these cases, computers are used
to facilitate traditional crimes such as fraud, identity theft, cyberstalking,
and money laundering.

“The internet is the crime scene of the 21st century.” — Cyrus Vance Jr.,
former Manhattan District Attorney

🎯 Victims of Cybercrime
Cybercrime affects various entities, including individuals, property, and
governments.

🧍 Individuals
Individuals may fall victim to cybercrimes such as cyberstalking, online
harassment, identity theft, and exposure to illegal content. For instance,
cyberstalkers may use social media platforms to harass or intimidate
individuals, leading to psychological distress.

🏠 Property
Cybercriminals often target property by stealing sensitive information like bank
details to commit financial fraud. Phishing scams are commonly used to
deceive individuals into revealing confidential information, leading to
unauthorized transactions.

🏛️ Government
Attacks on government systems, known as cyberterrorism, are less common
but highly severe. These include hacking into government or military websites
and distributing propaganda. Such acts are often perpetrated by terrorist
organizations or hostile nations.

“Cyberterrorism poses a significant threat to national security.” — U.S.


Department of Homeland Security

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🧠 Types of Cybercrime
1. Denial-of-Service (DoS) Attacks

DoS attacks aim to make online services unavailable by overwhelming them


with traffic from multiple sources. This disrupts the normal functioning of
websites or networks.

Case Study: In 2019, the city of Baltimore suffered a ransomware attack that
disrupted essential services and caused over $18 million in damages.

2. Botnets

Botnets are networks of compromised computers controlled remotely by


hackers. These networks can be used to send spam, steal data, or launch
further attacks.

3. Identity Theft

This involves unauthorized access to personal information to commit fraud or


other crimes. Cybercriminals may use phishing emails or social engineering
tactics to obtain sensitive data.

Example: In the UK, banks lost £1.17 billion to payment fraud in 2024, with
identity theft being a significant contributor.

4. Cyberstalking

Cyberstalking entails the use of the internet to harass or intimidate individuals.


Offenders may send threatening emails or messages, often causing emotional
distress to victims.

5. Social Engineering

This tactic involves manipulating individuals into divulging confidential


information. Criminals may pose as customer service agents to gain trust and
access sensitive data.

Case Study: A 72-year-old man in Lucknow, India, lost ₹81,747 after a


fraudster impersonated a friend and requested emergency funds.

6. Potentially Unwanted Programs (PUPs)

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PUPs are software programs that may be unwanted or harmful. They can
install unwanted applications, change browser settings, or display intrusive
ads.

7. Phishing

Phishing attacks involve sending deceptive emails or messages to trick


individuals into revealing personal information. These messages often appear
to come from legitimate sources.

8. Prohibited/Illegal Content

This includes the distribution of offensive or illegal materials such as child


pornography, hate speech, or content promoting terrorism.

9. Online Scams

Online scams often promise unrealistic rewards or returns to lure victims into
providing money or personal information.

10. Exploit Kits

Exploit kits are tools used by cybercriminals to identify and exploit


vulnerabilities in software, allowing them to gain unauthorized access to
systems.

“Cybercrime is the fastest growing crime in the world.” — Interpol

🇵🇰 Cybercrime in Pakistan
Pakistan faces various cyber threats, including hacking, identity theft,
cyberbullying, cyberstalking, spoofing, financial fraud, digital piracy, and more.

Notable Incidents:

●​ Hacking: Unauthorized access to computer systems to steal or


manipulate data.
●​ Identity Theft: Misuse of someone’s personal information for fraudulent
purposes.
●​ Cyberbullying: Harassment or bullying conducted through digital
platforms.
●​ Cyberstalking: Persistent online harassment that causes fear or concern
for safety.

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●​ Spoofing: Deceptive communication where the source is disguised to
appear legitimate.
●​ Financial Fraud: Illegally obtaining money through deceptive practices
online.
●​ Digital Piracy: Unauthorized copying and distribution of digital content.
●​ Malicious Software: Programs designed to harm or exploit computer
systems.
●​ Intellectual Property Rights Violations: Unauthorized use or reproduction
of protected content.
●​ Money Laundering: Concealing the origins of illegally obtained money
through online transactions.
●​ Denial-of-Service Attacks: Disrupting services by overwhelming
systems with traffic.
●​ Electronic Terrorism: Using digital means to conduct terrorist activities.
●​ Online Vandalism: Unauthorized alteration or destruction of online
content.

“Cybersecurity is not just a technical issue but a national security


imperative.” — Pakistan Telecommunication Authority

🛡️ Cybercrime Prevention
Effective measures to prevent cybercrime include:

●​ Cybersecurity Practices: Implementing strong passwords, regularly


updating software, and using antivirus programs.
●​ Personal Vigilance: Being cautious of unsolicited emails or messages
and avoiding sharing sensitive information online.
●​ Use of Firewalls: Employing firewalls to protect networks from
unauthorized access.

“An ounce of prevention is worth a pound of cure.” — Benjamin Franklin

📜 Cybercrime Legislation in Pakistan


1. Electronic Transactions Ordinance (ETO) 2002

The ETO 2002 was Pakistan’s first IT-related legislation, providing legal
recognition to electronic documents and signatures, thereby facilitating
e-commerce.

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2. Prevention of Electronic Crimes Ordinance (PECO) 2007

PECO 2007 addressed various electronic crimes, including cyberterrorism,


data damage, electronic fraud, unauthorized access, and cyberstalking.

3. Prevention of Electronic Crimes Act (PECA) 2016

PECA 2016 offers a comprehensive framework to combat cybercrime in


Pakistan. It covers offenses such as illegal access to data, electronic forgery,
cyberterrorism, and more.

“Strong legal frameworks are essential to combat the evolving nature of


cyber threats.” — Ministry of Information Technology, Pakistan

🧾 Conclusion
Cybercrime poses a significant threat to individuals, organizations, and
nations. As technology advances, so do the methods employed by
cybercriminals. It is imperative to stay informed, implement robust security
measures, and support legislative efforts to combat this growing menace.

“Cybersecurity is much more than an IT topic; it’s a business and societal


issue.” — Stéphane Nappo, Global Head of Information Security

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—————

MONEY LAUNDERING – Definition and


Concept of Money Laundering
Money laundering is the illegal process of disguising the origins of money
obtained through criminal activities, such as drug trafficking, terrorism
financing, or corruption, to make it appear as if the money has come from a
legal source. The money earned from such crimes is called “dirty money,” and
the laundering process aims to make it look “clean.”

According to the Financial Action Task Force (FATF),

“Money laundering is the processing of criminal proceeds to disguise their


illegal origin.”

It is considered a serious financial crime used by both street-level criminals


and white-collar offenders. Criminals need to deposit these illegal earnings
into the financial system, but they can only do so if the money seems to come
from a legitimate source.

Example:

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A drug cartel earns billions in illegal profits. To use this money in the real
economy without attracting attention, they must “clean” it by laundering it
through various businesses or international accounts.

Three Stages of Money Laundering


1.

Placement

This is the first step where the illegal money is introduced into the legitimate
financial system. It can be done by depositing the money into banks or using it
to purchase assets.

Example: A criminal might split Rs. 10 million into smaller deposits of Rs.
500,000 to avoid suspicion (a method known as structuring).

2.

Layering

Layering involves complex transactions to hide the origin of the money. This
includes transferring funds through multiple accounts, shell companies, or
converting cash into assets to create confusion.

Example: Transferring money through various international banks or investing


in luxury properties to conceal its origin.

3.

Integration

In this final stage, the clean-looking money is withdrawn from the system and
used freely. It may be reinvested in legal business or used to buy luxury items.

Example: Purchasing a luxury car or starting a legal business with laundered


money.

Methods of Money Laundering


Structuring (Smurfing)

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In this method, large sums of cash are broken into smaller deposits to avoid
detection and anti-money laundering (AML) reporting thresholds.

Case Study: In the USA, several drug traffickers were caught using “smurfs” –
individuals who deposited small amounts of cash into various bank accounts
to avoid detection under the Bank Secrecy Act.

Bulk Cash Smuggling

Cash is physically transported across borders and deposited into banks in


countries with weak banking regulations or greater secrecy laws.

Example: Criminals fly to offshore banking havens like the Cayman Islands or
Panama to deposit large sums of money.

Cash-Intensive Businesses

Criminally earned cash is mixed with the revenue of legitimate cash-heavy


businesses such as car washes, restaurants, or casinos.

Example: A Karachi-based restaurant was investigated for showing inflated


daily sales to justify large cash deposits sourced from narcotics trade.

Trade-Based Money Laundering

This method manipulates invoices by overpricing or underpricing goods to


transfer value across borders.

Case Study: The art market is often exploited, as artwork values are
subjective and transactions remain secretive. A painting valued at Rs. 50,000
might be sold for Rs. 10 million to launder the excess amount.

Shell Companies and Trusts

These are fake companies or legal entities created to hide the real owners of
the money. They provide anonymity and obscure the trail.

Example: The Panama Papers leak exposed thousands of shell companies


used by politicians and criminals to hide illicit wealth.

Round Tripping

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Illegally earned money is sent to a foreign country and then reinvested in the
original country as “foreign direct investment” (FDI) to avoid taxes and
scrutiny.

Example: A Pakistani businessperson sends illegal money to Dubai and later


reinvests it in real estate in Lahore as FDI.

Bank Capture

In this method, criminals take control of a bank, often in countries with poor
regulations, and use it to launder money without oversight.

Case Study: In the 1990s, the BCCI (Bank of Credit and Commerce
International) scandal revealed how drug money was laundered through a
compromised bank.

Invoice Fraud

Criminals send fake invoices or change the payment details of a supplier to


redirect payments into their own accounts.

Example: A company receives an email claiming to be from a supplier, asking


them to transfer funds to a new account—actually belonging to the criminal.

Casinos

Launderers purchase chips with dirty money, play briefly, then cash out and
request a receipt, claiming the money as gambling winnings.

Example: In Las Vegas, several people were caught laundering drug money
by cashing out chips and claiming it as casino earnings.

Other Gambling

Criminals bet on all possible outcomes of a match or race to ensure they win
some amount, which they can later claim as legitimate income.

Black Salaries

Companies hire unregistered workers and pay them in cash. Criminals use
dirty money to pay these salaries, keeping the money off the books.

Example: Illegal migrant laborers paid under the table in textile mills using
laundered money.

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Tax Amnesties

Governments sometimes offer amnesties that allow people to declare


previously hidden assets legally.

Example: In Pakistan’s 2018 tax amnesty, individuals declared over Rs. 100
billion, some of which was suspected to be laundered wealth.

Digital and Electronic Money

Cryptocurrencies like Monero and Zcash offer complete privacy. Transactions


can be made without revealing identities, making them ideal for laundering.

Cryptocurrency Mixers

These services mix the coins of various users to hide the source of funds on
public blockchains like Bitcoin and Ethereum.

Case Study: In 2023, the US Treasury sanctioned Tornado Cash, a crypto


mixer accused of laundering $7 billion in criminal proceeds.

Global Perspective and FATF


According to the United Nations Office on Drugs and Crime (UNODC),

“Global money laundering is estimated at 2% to 5% of global GDP


annually—amounting to $800 billion to $2 trillion.”

In 1989, the Group of Seven (G7) countries established the Financial Action
Task Force (FATF) to fight money laundering worldwide. In the 2000s, its
mandate was expanded to include terrorist financing.

Pakistan’s Anti-Money Laundering Act (AML), 2010


Section 3: Offence of Money Laundering

A person commits the offense of money laundering if they:

1.​ Acquire, possess, use, or transfer property knowing it is the proceeds of


crime.
2.​ Conceal the true source, movement, or ownership of such property.
3.​ Hold such property for someone else, knowing it is from criminal
sources.

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4.​ Participate in, assist, or conspire to carry out any of the above actions.

Section 4: Punishment

Offenders are liable to:

●​ Rigorous imprisonment for not less than one year, extendable up to ten
years.
●​ Fine up to Rs. 25 million.
●​ Confiscation of the involved property or its equivalent value.
●​ If the offense is committed by a legal entity, the fine may go up to Rs.
100 million, and involved directors or employees may also be punished.

Section 5: National Executive Committee

A committee is established within 30 days of the Act to coordinate national


efforts against money laundering.

Section 6: Financial Monitoring Unit (FMU)

The FMU operates under the State Bank of Pakistan or another designated
place. It:

●​ Receives Suspicious Transaction Reports (STRs) and Currency


Transaction Reports (CTRs).
●​ Has independent decision-making authority.
●​ May request information from any agency, which must comply promptly.

Section 8: Attachment of Property

Investigators can provisionally seize property suspected to be involved in


money laundering for up to 180 days, with court permission.

Section 14: Search and Seizure

If there is reasonable belief that a person:

●​ Has committed money laundering,


●​ Possesses property or records related to money laundering,

Then authorized officers may enter and search buildings, vehicles, or vessels.

Conclusion

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Money laundering undermines financial systems, encourages corruption, and
fuels terrorism. As a global crime, it requires strong laws, international
cooperation, and technological vigilance.

As Kofi Annan said:

“Corruption, money laundering and tax evasion are major obstacles to


development.”

To protect national and international financial integrity, laws like Pakistan’s


AML Act 2010 and organizations like FATF play a vital role.

Final Thought:
“Behind every great fortune lies a crime.” – Honoré de Balzac
This quote reminds us that unchecked financial crimes like money
laundering can erode the very foundations of a lawful and just society.
—————

Organized Crime: A Comprehensive


Overview
Introduction
Organized crime refers to a continuous criminal enterprise that systematically
engages in illicit activities for profit. These enterprises often maintain their
operations through the corruption of public officials and the use of intimidation,
threats, or force. The Federal Bureau of Investigation (FBI) defines organized
crime as any group with a formal structure whose primary objective is to
obtain money through illegal activities. Such groups sustain their power
through actual or threatened violence, corrupt public officials, graft, or
extortion. These criminal organizations are also known by various names,
including crime families, mafias, syndicates, or cartels. The network and
community of individuals involved in organized crime are often referred to as
the underworld or gangland.

Characteristics of Organized Crime


Organized crime groups operate similarly to legitimate businesses, aiming to
maximize profits. However, unlike lawful enterprises, these groups achieve

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their goals through illicit means, such as drug trafficking or human smuggling.
The structure and activities of organized crime vary across countries, regions,
and types of crimes. Therefore, while general elements define organized
crime, understanding its manifestation requires contextual knowledge.

United Nations Convention Against Transnational


Organized Crime
The United Nations Convention against Transnational Organized Crime,
adopted by General Assembly resolution 55/25 of 15 November 2000,
provides a comprehensive definition of an “organized criminal group.”
According to the Convention:

An “organized criminal group” is a structured group of three or more


persons, existing for a period of time and acting in concert with the aim of
committing one or more serious crimes or offenses to obtain, directly or
indirectly, a financial or other material benefit.

The offense is considered transnational if:

●​ It is committed in more than one state.


●​ It is committed in one state but a substantial part of its preparation,
planning, direction, or control takes place in another state.
●​ It is committed in one state but involves an organized criminal group
that engages in criminal activities in more than one state.
●​ It is committed in one state but has substantial effects in another state.

Criteria by Gomes and Cervini (1997)


Gomes and Cervini (1997) suggest that, to qualify as organized crime, an
organization must fulfill all the prerequisites of a gang or mob, plus at least
three of the following characteristics:

●​ Objective of accumulating wealth.


●​ Structured hierarchy.
●​ Business-like planning.
●​ Sophisticated technology.
●​ Functional division of activities.
●​ Structural connection with public authorities.
●​ Offer of social services.
●​ Territorial division of illegal activities.

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●​ Serious power of intimidation.
●​ Diffused capacity to defraud.
●​ Local or international connections with other organizations.

Categories of Illegal Behavior in Organized Crime


Organized crime encompasses various illegal activities, which can be broadly
categorized into three primary areas:

1. Provision of Illicit Services

Organized crime groups often cater to public demand for services that are
prohibited by law. These services include:

●​ Sexual and other forms of labor exploitation.


●​ Facilitating the illegal entry or stay of individuals in a country.

Specific offenses in this category encompass human trafficking for sexual


exploitation and the smuggling of migrants.

Case Study: In 2010, the FBI uncovered a large-scale human trafficking


operation where victims were coerced into forced labor and sexual exploitation
across multiple states.

2. Provision of Illicit Goods

These groups supply products that are in demand but are illegal or restricted.
Examples include:

●​ Stolen, counterfeit, or falsified merchandise, such as medical products,


firearms, and food items.
●​ Illicit drugs and controlled substances.

Case Study: The Kompania Bello, an Albanian mafia group, was involved in
smuggling large quantities of cocaine from South America to Europe,
controlling the entire trafficking chain from negotiation with cartels to
distribution across European countries.

3. Infiltration of Legitimate Business or Government

Organized crime groups infiltrate legitimate businesses and government


institutions to further their illegal activities. This infiltration can involve:

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●​ Labor intimidation to secure jobs or peace at construction sites.
●​ Bribery and corruption of public officials.
●​ Extortion and misuse of public funds.

Case Study: The Huyton Firm, a British organized crime group based in
Liverpool, infiltrated various sectors, including construction and law
enforcement, using encrypted communication to coordinate drug trafficking
and violent crimes.

Harms Caused by Organized Crime


Organized crime inflicts numerous harms on society, including:

●​ Economic Harm: The trafficking and provision of illicit goods and


services undermine legitimate economies, fostering underground
markets.
●​ Health and Safety Risks: Victims of human trafficking and consumers
of counterfeit goods face significant health and safety dangers.
●​ Corruption: Infiltration of businesses and government leads to
corruption, misuse of public funds, and erosion of public trust.
●​ Violence and Intimidation: Organized crime groups often use
violence, threats, and intimidation to maintain control and silence
opposition.​
Common Activities of Organized Crime Groups
Organized crime encompasses a wide range of illegal activities, including:

●​ Blackmailing
●​ Assassination
●​ Bombing
●​ Illegal gambling
●​ Copyright infringement
●​ Counterfeiting of intellectual property
●​ Kidnapping
●​ Sex trafficking
●​ Smuggling
●​ Drug trafficking
●​ Arms trafficking
●​ Oil smuggling
●​ Organ trafficking
●​ Contract killing

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●​ Identity document forgery
●​ Money laundering
●​ Bribery
●​ Price-fixing
●​ Passport fraud
●​ People smuggling
●​ Trafficking in human beings​

Notable Case Studies


Operation Family Secrets

Operation Family Secrets was a significant FBI investigation into mob-related


crimes in Chicago. The operation led to the indictment of 14 defendants
affiliated with the Chicago Outfit, one of the most prolific organized crime
enterprises in the United States. The investigation uncovered 18 murders and
one attempted murder between 1970 and 1986, all committed to further the
Outfit’s illegal activities.

Mafia Commission Trial

The Mafia Commission Trial (1985–1986) targeted the heads of New York
City’s “Five Families.” Using evidence obtained by the FBI, 11 organized crime
figures were indicted under the Racketeer Influenced and Corrupt
Organizations Act (RICO) on charges including extortion, labor racketeering,
and murder. Eight were convicted and sentenced to 100 years in prison,
striking a significant blow against organized crime in New York.

2010 Medicaid Fraud

In 2010, an Armenian-American organized crime group executed a massive


Medicaid fraud scheme. The group created 118 fake clinics across 25 states,
using stolen medical license numbers and patient information to submit over
$163 million in fraudulent claims, receiving $35 million before being caught.
Prosecutors charged 73 individuals with racketeering conspiracy, bank fraud,
money laundering, and identity theft.

Conclusion

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Organized crime poses a significant threat to global security, economic
stability, and public health. Its complex and adaptive nature requires
comprehensive strategies, international cooperation, and robust legal
frameworks to combat effectively. As the United Nations Convention against
Transnational Organized Crime emphasizes, collective action is essential to
prevent and combat organized crime in all its forms.

“The fight against organized crime is not a battle of one nation, but a
collective endeavor of the global community.”
—————

White-Collar Crime: A Simplified Overview with Case Studies and Legal


Context

Understanding White-Collar Crime

White-collar crime refers to non-violent offenses committed by individuals in


professional or business settings, primarily for financial gain. These crimes
involve deceit, concealment, or abuse of trust, rather than physical force. The
term was introduced by sociologist Edwin H. Sutherland in 1939, who defined
it as “a crime committed by a person of respectability and high social status in
the course of their occupation” .

White-Collar vs. Blue-Collar Crime

While white-collar crimes are characterized by financial deceit and are often
committed by individuals in positions of authority, blue-collar crimes typically
involve direct physical actions like theft or assault and are associated with
individuals from working-class backgrounds.

Categories of White-Collar Crime

1. Individual Crimes

These are financial crimes committed by individuals or small groups.

●​ Identity Theft and Cybercrime: Unauthorized use of personal


information for fraudulent purposes.​
Case Study: In 2017, Equifax, a major credit reporting agency,
suffered a data breach exposing personal information of 147 million
people, leading to widespread identity theft concerns.
●​ Hacking: Unauthorized access to computer systems to steal or
manipulate data.​

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Case Study: The 2014 Sony Pictures hack resulted in leaked
confidential data and significant financial losses.
●​ Counterfeiting: Producing imitation currency, documents, or goods.​
Case Study: In 2005, Operation Gold Seal led to the arrest of
individuals producing counterfeit U.S. currency using advanced printing
techniques.

2. Corporate Crimes

These involve illegal activities committed by companies or their


representatives.

●​ Insider Trading: Trading stocks based on non-public, material


information.​
Case Study: In 2001, Martha Stewart was convicted for insider trading
after selling shares based on confidential information.
●​ Money Laundering: Concealing the origins of illegally obtained money.​
Case Study: In 2012, HSBC was fined $1.9 billion for laundering
money for drug cartels and terrorist organizations.
●​ Embezzlement: Misappropriation of funds placed in one’s trust.​
Case Study: In 2008, Bernie Madoff was arrested for operating a Ponzi
scheme, embezzling billions from investors.

Notable Types of White-Collar Crimes

Fraud

Encompasses various schemes to deceive individuals or organizations for


financial gain.

Case Study: Enron’s accounting fraud in 2001 led to its bankruptcy and loss
of employee pensions.

Ponzi Scheme

A fraudulent investment scam promising high returns, paying earlier investors


with funds from newer ones.

Case Study: Charles Ponzi’s 1920 scheme promised 50% returns in 45 days,
leading to massive investor losses .

Espionage

Illegally obtaining confidential information, often for competitive advantage.

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Case Study: In 2009, a DuPont scientist was convicted for stealing trade
secrets to benefit a Chinese company.

Contributing Factors: The Internet

The rise of the internet has facilitated cybercrimes, including phishing,


ransomware attacks, and online fraud.

Case Study: The 2017 WannaCry ransomware attack affected over 200,000
computers across 150 countries, demanding payments in Bitcoin.

Investigation Challenges

Investigating white-collar crimes is complex, requiring expertise in financial


systems and digital forensics. Gathering admissible evidence and tracing illicit
transactions are significant hurdles.

Legal Framework in Pakistan

●​ Pakistan Penal Code (1860): Sections 161 to 165 address offenses


related to public servant corruption.
●​ Prevention of Corruption Act (1947): Section 5 outlines penalties for
corrupt practices.
●​ National Accountability Ordinance (1999): Section 9 empowers the
National Accountability Bureau (NAB) to investigate and prosecute
corruption cases.
●​ Federal Investigation Agency (FIA): Handles cybercrimes and financial
frauds.
●​ Provincial Anti-Corruption Establishments: Address corruption at the
provincial level.

Conclusion

White-collar crimes, though non-violent, have profound impacts on economies


and societies. As Edwin Sutherland emphasized, recognizing and addressing
these crimes is crucial for justice and societal integrity.

“The most dangerous criminal may be the man gifted with reason, but no
morals.” – Gilbert K. Chesterton

————-

FIA:

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The Federal Investigation Agency (FIA) of Pakistan is the premier federal law
enforcement agency tasked with investigating and combating a wide range of
crimes, including corruption, human trafficking, cybercrime, and terrorism.
Established in 1975, the FIA has evolved to address the complex challenges
of modern crime, both domestically and internationally.

Historical Background
The origins of the FIA trace back to 1942 when the British government
established the Special Police Establishment (SPE) to investigate corruption
in the Indian Civil Service. After Pakistan’s independence in 1947, the SPE
was retained as the Pakistan Special Police Establishment (PSPE), focusing
on bribery and corruption cases. Over time, its mandate expanded to include
investigations under various acts, such as the Official Secrets Act, 1923, and
the Customs Act, 1959.

In 1972, the “Police Reform Report” recommended the establishment of a


federal agency to tackle crimes with interprovincial ramifications.
Consequently, the FIA was formally established on January 13, 1975, under
the FIA Act, 1974.

Mandate and Functions


The FIA’s core responsibilities encompass:

●​ Investigating specialized and organized crimes.​

●​ Combating human smuggling and trafficking.​

●​ Managing immigration and maintaining the Exit Control List.​

●​ Counterterrorism efforts through its Special Investigation Group.​

●​ Addressing money laundering activities, excluding those related to


narcotics and anti-corruption proceeds.​

●​ Tackling cybercrime and plastic money fraud.​

●​ Protecting intellectual property rights.​

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●​ Serving as the National Central Bureau for Interpol in Pakistan.​

●​ Providing forensic and technical support.​

●​ Conducting training and capacity-building programs.

Organizational Structure
The FIA operates through various specialized wings:

●​ Cyber Crime Wing (CCW): Handles cyber-related offenses under the


Prevention of Electronic Crimes Act (PECA) 2016.​

●​ Immigration Wing (IW): Manages immigration processes, including the


Exit Control List and anti-human trafficking efforts.​

●​ Economic Crime Wing (ECW): Investigates financial crimes, including


money laundering and banking fraud.​

●​ Counterterrorism Wing (CTW): Focuses on preventing and


investigating terrorist activities.​

●​ Anti-Corruption Wing (ACW): Addresses corruption cases involving


public officials.​

●​ Interpol (National Central Bureau): Coordinates with Interpol for


international criminal investigations.​

●​ Technical Wing: Provides technical support and maintains forensic


capabilities.

Technological Infrastructure
The FIA employs advanced technological systems to enhance its investigative
capabilities:

●​ Personal Identification Secure Comparison and Evaluation System


(PISCES): A computer-based system installed at major airports to
monitor and control immigration processes.​

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●​ Pakistan Automated Fingerprint Identification System (PAFIS):
Developed in collaboration with the National Database and Registration
Authority (NADRA), PAFIS aids in identifying and tracking criminals
through fingerprint recognition technology.​

●​ Integrated Border Management System (IBMS): Manages data of all


passengers entering or leaving Pakistan, assisting in identifying
individuals involved in illicit activities.

Performance Highlights
In 2023, the FIA demonstrated significant achievements:

●​ Registered 37,472 inquiries and 7,824 cases, arresting 16,747


individuals.​

●​ Recovered and deposited Rs15.6 billion into the national exchequer.​

●​ The Anti-Corruption Wing registered 2,345 inquiries and 543 cases,


recovering Rs7.2 billion.​

●​ The Economic Crime Wing registered 2,099 inquiries and 1,090 cases,
recovering Rs8 billion.​

●​ The Cyber Crime Wing registered 18,484 inquiries and 1,374 cases,
with 92 convictions.
●​
●​ The Immigration Wing arrested 13,316 individuals involved in human
smuggling and trafficking.

Notable Case Studies


K-Electric Ransomware Attack (2020): Hackers targeted Pakistan’s largest
electricity provider, encrypting critical files and demanding a $3.8 million
ransom. The FIA’s Cyber Crime Wing promptly investigated, collaborating with
cybersecurity experts to restore operations.

Axact Fake Degree Scandal (2015): Axact, an IT company, was exposed for
selling fake degrees online. The FIA conducted raids, seized evidence, and
arrested key individuals, leading to significant legal proceedings.

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Khanani and Kalia Money Laundering Case: In 2008, the FIA investigated
Khanani and Kalia International for laundering Rs103 billion abroad. Despite
initial progress, the case faced delays and remains unresolved.

Challenges and Limitations


The FIA faces several challenges that hinder its effectiveness:

●​ Resource Constraints: Limited human and financial resources impede


the agency’s ability to address complex crimes effectively.
●​ Political Interference: Investigations into high-profile cases often face
delays due to political pressures, undermining the agency’s impartiality.
●​ Technological Gaps: Rapid advancements in technology outpace the
FIA’s capabilities, especially in cybercrime investigations.
●​ Internal Corruption: Instances of corruption within the agency, such as
the 2021 case where Cyber Crime Wing officers were accused of
accepting a $394,000 bribe, erode public trust.

Recommendations for Improvement


To enhance the FIA’s effectiveness, the following measures are
recommended:

●​ Resource Allocation: Increase funding and staffing to address the


growing complexity of crimes.
●​ Political Neutrality: Ensure the agency operates free from political
influence to maintain impartiality.
●​ Technological Upgradation: Invest in modern equipment and training to
keep pace with evolving criminal methodologies.
●​ Accountability Mechanisms: Implement strict internal controls to prevent
and address corruption within the agency.
●​ International Cooperation: Strengthen collaborations with foreign law
enforcement agencies to tackle transnational crimes effectively.

Conclusion
The Federal Investigation Agency stands as a critical institution in Pakistan’s
fight against crime. While it has achieved notable successes, ongoing
challenges necessitate comprehensive reforms. As Rizwan Abbasi aptly
stated, “The ability of the FIA to resist political pressure depends on a number
of factors, including the strength of the agency’s leadership, the independence

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of its bureaucracy, and the level of public support for professional performance
of the investigation agency.” By addressing its limitations and reinforcing its
strengths, the FIA can continue to uphold justice and maintain national
security.

—————

Federal Investigation Agency Act, 1974: A Comprehensive Overview

Introduction

The Federal Investigation Agency Act, 1974, is a pivotal piece of legislation in


Pakistan that established the Federal Investigation Agency (FIA). The FIA is
tasked with investigating and prosecuting offenses that have implications for
the federal government, including those listed in the Act’s schedule. This Act
extends to the entire country and applies to all Pakistani citizens and public
servants, regardless of their location.

Section 1: Short Title, Extent, and Commencement

This Act is officially titled the “Federal Investigation Agency Act, 1974.” It is
applicable throughout Pakistan and to all Pakistani citizens and public
servants, irrespective of their location. The Act came into force immediately
upon its enactment.

Section 2: Definitions

Key terms defined in this section include:

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●​ Agency: Refers to the Federal Investigation Agency constituted under
Section 3.
●​ Code: Denotes the Code of Criminal Procedure, 1898.
●​ Director General: The head of the FIA.
●​ Provincial Police: Police forces established by provincial governments
under the Police Act, 1861.
●​ Special Police: The Pakistan Special Police Establishment constituted
under the Pakistan Special Police Establishment Ordinance, 1948.

Section 3: Constitution of the Agency

The federal government is empowered to establish the Federal Investigation


Agency for the purpose of conducting inquiries and investigations into
offenses specified in the schedule of the Act. The FIA comprises a Director
General, appointed by the federal government, and other officers as deemed
necessary.

Section 4: Superintendence and Administration of the Agency

The overall supervision of the FIA rests with the federal government. However,
the administration of the agency is vested in the Director General, who
exercises powers akin to those of an Inspector General of Police under the
Police Act, 1861, as prescribed by rules.

Section 5: Powers of the Members of the Agency

Members of the FIA are granted powers equivalent to those of provincial


police officers concerning investigations. This includes authority related to
search, arrest, and seizure of property across Pakistan. Specifically:

●​ A member not below the rank of Sub-Inspector may exercise the


powers of an officer in charge of a police station during investigations.
●​ An Inspector or higher, authorized by the Director General, can arrest
individuals suspected of committing offenses listed in the schedule.
●​ If there’s a risk of property being removed or tampered with during an
investigation, authorized members can issue written orders to prevent
such actions, subject to court orders.
●​ Violating such orders can result in imprisonment for up to one year, a
fine, or both.

Section 5A: Certain Officers Deemed Public Prosecutors

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Despite provisions in other laws, Assistant Directors (Legal) and Directors
(Law) within the FIA are considered public prosecutors. They are authorized to
initiate and conduct legal proceedings in special courts and subordinate courts
related to cases investigated by the FIA.

Section 6: Power to Amend the Schedule

The federal government holds the authority to amend the schedule of offenses
under the Act. This includes adding new offenses, modifying existing ones, or
removing them, through official notifications.

Section 7: Delegation of Powers

The Director General can delegate any of his powers to other FIA members
through written orders, specifying conditions as necessary.

Section 8: Indemnity

No legal proceedings can be initiated against the federal government, FIA


members, or any person exercising powers under this Act for actions taken in
good faith.

Section 9: Power to Make Rules

The federal government is authorized to formulate rules to effectively


implement the provisions of this Act.

Section 10: Repeal

This section repeals the Pakistan Special Police Establishment Ordinance,


1948, and the Special Police and Provincial Police (Amalgamation) Order,
1962, consolidating their functions under the FIA.

Schedule: Offenses Under FIA Jurisdiction

The schedule lists offenses that fall under the FIA’s investigative purview,
including but not limited to:

●​ Pakistan Penal Code (PPC): Sections 120-B, 121, 122, 123, 123-A,
124, 124-A, 161, 162, 163, 164, 165, 165-A, 168, 169, 201, 217, 218,
245, 255, 256, 257, 258, 259, 260, 261, 263, 300, 301, 302, 324, 332,
333, 334, 335, 336, 337, 337-A, 337-B, 337-C, 337-D, 337-E, 337-F,
353, 365-A, 366-B, 402-A, 402-B, 402-C, 403, 404, 406, 407, 408, 409,

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411, 418, 419, 420, 435, 436, 440, 467, 468, 471, 472, 477-A, 489-A,
489-B, 489-C, 489-D, 489-E, 489-F.​

●​ Explosive Substances Act, 1908


●​ Official Secrets Act, 1923
●​ Foreigners Act, 1946
●​ Prevention of Corruption Act, 1947
●​ Foreign Exchange Regulation Act, 1947
●​ Imports and Exports (Control) Act, 1950
●​ Banking Companies Ordinance, 1962
●​ Pakistan Arms Ordinance, 1965
●​ Customs Act, 1969 (Section 156)
●​ Foreign Exchange Repatriation Regulation, 1972
●​ Foreign Assets Declaration Regulation, 1972
●​ Height Raising Punishment Act, 1973
●​ Prevention of International Activities, 1974
●​ Banks Nationalization Act, 1974
●​ Passport Act, 1974
●​ Drugs Act, 1976
●​ Immigration Ordinance, 1979
●​ Exit from Pakistan (Control) Ordinance, 1981
●​ Anti-Terrorism Act, 1997 (for interprovincial cases)
●​ Prevention and Control of Human Trafficking Ordinance, 2002
●​ Pakistan Telecommunication (Re-organization) Act, 1996
●​ National Database and Registration Authority Ordinance, 2002
●​ Electronic Transactions Ordinance, 2002 (Sections 36 and 37)
●​ Telegraph Act, 1885 (Sections 25-D and 29)
●​ Copyright Ordinance, 1962
●​ Anti-Money Laundering Act, 2010
●​ Electricity Act, 1910
●​ Transplantation of Human Organs and Tissues Act, 2010
●​ Prevention of Electronic Crimes Act, 2016

Conclusion

The Federal Investigation Agency Act, 1974, serves as a cornerstone in


Pakistan’s legal framework for combating federal offenses. By establishing the
FIA and delineating its powers and jurisdiction, the Act ensures a structured
approach to investigating complex crimes that transcend provincial
boundaries. The comprehensive schedule of offenses underlines the FIA’s
broad mandate, encompassing areas from corruption and terrorism to

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cybercrimes and human trafficking. This legislative instrument not only
empowers the FIA but also reinforces the federal government’s commitment to
uphold the rule of law across the nation.

—————-

National Accountability Bureau (NAB): Pakistan’s Apex Anti-Corruption


Body

Introduction

The National Accountability Bureau (NAB) is Pakistan’s premier


anti-corruption institution, established under the National Accountability
Ordinance (NAO) of 1999. Its primary mission is to eliminate corruption
through a comprehensive strategy encompassing awareness, prevention, and
enforcement. Headquartered in Islamabad, NAB operates regional offices in
the provincial capitals—Lahore, Karachi, Peshawar, and Quetta—as well as in
Rawalpindi, Multan, and Sukkur.

Legal Framework: National Accountability Ordinance (NAO) 1999

The NAO 1999 provides the legal foundation for NAB’s operations. It
empowers NAB to investigate and prosecute offenses related to corruption,
corrupt practices, misuse or abuse of power, misappropriation of property,
kickbacks, and commissions. The ordinance also facilitates the recovery of
outstanding amounts from individuals who have willfully defaulted on
repayments to banks, development finance institutions (DFIs), government,
and other agencies.

Objectives and Functions

NAB’s core objectives are:

1.​ Detection and Investigation: Identifying and probing cases of


corruption and corrupt practices.
2.​ Prosecution: Ensuring the legal proceedings against individuals
involved in corrupt activities.
3.​ Recovery: Retrieving assets and funds acquired through corrupt
means.
4.​ Awareness and Prevention: Implementing policies and procedures to
educate the public and prevent corruption.

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These functions are executed through a combination of enforcement actions
and preventive measures aimed at fostering a corruption-free society.

Methodology: National Anti-Corruption Strategy (NACS)

In February 2002, NAB launched the National Anti-Corruption Strategy


(NACS) project. This initiative involved comprehensive surveys, studies of
international anti-corruption models, and engagement with local stakeholders.
NACS recommended a holistic approach, moving beyond traditional
enforcement to include prevention and awareness as integral components of
NAB’s operations. Subsequent amendments to the NAO empowered NAB to
undertake these additional functions.

Organizational Structure

NAB operates under the leadership of a Chairman, currently Lt Gen (R) Nazir
Ahmed Butt. The bureau’s structure includes a Prosecutor General, regional
Directors General, and various specialized departments. Each regional office
is responsible for handling cases within its jurisdiction, ensuring localized
focus and efficiency.

Notable Cases

1.​ Panama Papers Case: NAB played a pivotal role in investigating the
Panama Papers leak, which implicated several Pakistani politicians,
including former Prime Minister Nawaz Sharif. The bureau’s
investigation led to significant legal proceedings and heightened public
awareness of offshore assets held by Pakistani nationals.
2.​ Broadsheet Case: This case involved a legal dispute between NAB
and Broadsheet LLC, an asset recovery firm hired to trace assets of
Pakistani nationals abroad. The controversy highlighted issues related
to contract management and accountability within NAB.
3.​ Al-Qadir Trust Case: NAB investigated allegations against former
Prime Minister Imran Khan and businessman Malik Riaz concerning a
£190 million settlement. The case underscored the bureau’s role in
probing high-profile corruption allegations.

Criticisms and Challenges

Despite its mandate, NAB has faced several criticisms:

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●​ Political Bias: Accusations of being used as a tool for political
engineering, particularly against opposition parties.
●​ Lack of Accountability: Perceived immunity of ruling party members,
judiciary, and military officials from NAB’s scrutiny.
●​ Plea Bargain Controversy: Section 25 of the NAO allows for plea
bargains, which critics argue enable offenders to evade full
accountability.
●​ Ineffectiveness: Challenges in curbing corruption levels in society and
recovering looted funds.

Human Rights Watch has also raised concerns about NAB’s practices, urging
reforms to prevent misuse of power and ensure fair legal processes.

Reforms and Recommendations

To enhance its effectiveness and credibility, several reforms have been


proposed:

●​ Political Neutrality: Ensuring NAB operates independently, free from


political influence.
●​ Revising Plea Bargain Provisions: Amending Section 25 to prevent
misuse and ensure that plea bargains serve justice.
●​ Inclusive Accountability: Extending NAB’s jurisdiction to include all
public officials, regardless of position.
●​ Transparency and Oversight: Implementing mechanisms for greater
transparency and establishing oversight bodies to monitor NAB’s
activities.

Recent initiatives include the introduction of monthly public forums, or


‘Katcheri’ sessions, aimed at increasing transparency and public engagement.

Conclusion

The National Accountability Bureau stands as a central pillar in Pakistan’s fight


against corruption. While it has achieved notable successes, the bureau must
address criticisms and implement reforms to fulfill its mandate effectively. As
the adage goes, “Justice must not only be done but must also be seen to be
done.” For NAB, this means operating with transparency, impartiality, and
unwavering commitment to the rule of law.

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———-

ANF :

The Anti-Narcotics Force (ANF) is Pakistan’s premier agency dedicated to


combating drug trafficking and abuse. Established in 1995, ANF operates
under the Ministry of Narcotics Control and is tasked with enforcing the
Control of Narcotic Substances Act, 1997, among other responsibilities.

Historical Evolution of ANF

In 1957, Pakistan established the Pakistan Narcotics Board (PNB) to fulfill its
obligations under the International Opium Convention of 1925. This was
followed by the creation of the Pakistan Narcotics Control Board (PNCB) in
1973, which had five regional directorates. In 1989, the Narcotics Control
Division (NCD) was formed, and PNCB became its attached department. To
strengthen enforcement, the Anti-Narcotics Task Force (ANTF), comprising
388 officials from the Pakistan Army, was established in December 1991.
Finally, in 1995, ANF was raised by merging ANTF and PNCB, consolidating
Pakistan’s efforts against narcotics under a single entity.

Legal Framework

Control of Narcotic Substances Act, 1997

This Act serves as the cornerstone of Pakistan’s legal framework against


narcotics. Key provisions include:

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●​ Section 4: Prohibits the cultivation of narcotic plants.
●​ Section 5: Prescribes punishment for cultivation, which may extend to
seven years imprisonment and a fine.
●​ Section 6: Prohibits the possession of narcotic drugs.
●​ Section 7: Prohibits the import and export of narcotic substances.
●​ Section 8: Prohibits trafficking and financing of narcotic drugs.
●​ Section 9: Outlines punishments for contraventions of Sections 6, 7,
and 8.​

ANF Act, 1997

This Act delineates the structure and functions of ANF:

●​ Section 4: The superintendence of the force vests in the federal


government, while administration is vested in the Director General, who
exercises powers akin to an Inspector General of Police.
●​ Section 5: ANF is empowered to investigate and prosecute offenses
related to narcotics, trace and freeze assets, assist other enforcement
agencies, and liaise with national and international bodies.
●​ Section 6: Members of ANF have nationwide powers similar to police
officers, including search, arrest, and seizure.

Operational Strategies
Drug supply reduction:

ANF aims to eliminate poppy cultivation, prevent trafficking and production of


narcotic drugs, and strengthen law enforcement agencies. For instance, in
2021, ANF successfully disposed of 862 cases, with a conviction rate of 89%,
highlighting its effectiveness in curbing drug supply.

Drug Demand Reduction

Efforts include education and community mobilization campaigns,


development of treatment and rehabilitation systems, and conducting drug
abuse surveys. The establishment of Model Addicts Treatment and
Rehabilitation Centres (MATRCs) in Islamabad, Hyderabad, Sukkur, and
Karachi exemplifies ANF’s commitment to rehabilitation.

International Cooperation

ANF actively participates in bilateral, regional, and international efforts to


combat drugs, emphasizing control at the source in poppy-growing countries

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and demand reduction in destination countries. Collaboration with international
bodies like the United Nations Office on Drugs and Crime (UNODC) enhances
ANF’s capabilities.

SPEAR Strategy

ANF’s comprehensive approach, known as the SPEAR strategy,


encompasses:

●​ Surveillance and Intelligence Acquisition: Monitoring and gathering


information on narcotics activities.
●​ Proactive Prevention and Protection: Implementing measures to
prevent drug-related offenses.
●​ Effective Enforcement: Executing laws and regulations efficiently.
●​ Alliances, Assistance, and Cooperation: Collaborating with national
and international partners.
●​ Rehabilitation and Awareness: Providing treatment and raising public
awareness about drug abuse.

Performance Metrics (2021)

●​ Total Cases Disposed: 862


●​ Convicted Cases: 530
●​ Conviction Rate: 89%
●​ Acquitted Cases: 66
●​ Government Cases/Final Orders: 266
●​ Convicted Persons: 664
●​ Acquitted Persons: 135

Challenges and Limitations

Despite its achievements, ANF faces several challenges:

●​ Lack of Coordination: Insufficient collaboration between ANF and


provincial police hampers operations.
●​ Limited Operations: Restricted access to grassroots levels affects
outreach.
●​ Transnational Operations: Difficulties in cross-border operations due
to bureaucratic hurdles.
●​ Resource Deficit: Inadequate human, financial, and technical
resources limit efficiency.

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Recommendations

To enhance ANF’s effectiveness:

●​ Resource Allocation: Increase human, financial, and technical


resources, including vehicles and gadgets.
●​ Capacity Building: Invest in training and development of human
resources.
●​ Workforce Expansion: Increase personnel to improve grassroots
access.
●​ Intelligence Sharing: Enhance collaboration and information exchange
with other agencies.

Conclusion

ANF plays a pivotal role in Pakistan’s fight against narcotics. While it has
made significant strides, addressing its challenges is crucial for sustained
success. As the saying goes, “The war against drugs is a war for our future.”

—————

Modern Law Enforcement and Crime


Prevention

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Introduction
Crime prevention and control strategies aim to prevent crimes before they
occur, rather than punishing them after they have been committed. These
strategies are based on various theories about the nature of crime, the
individuals who commit it, and how it should be addressed. The three main
crime prevention strategies are:

●​ Situational Crime Prevention​

●​ Social and Community-Based Crime Prevention​

●​ Environmental Crime Prevention​

Situational Crime Prevention


Definition and Theory

Situational crime prevention seeks to reduce opportunities for committing


crimes and make it more difficult to break the law. It focuses on the types of
offenses people commit, the places where they occur, and aims to prevent
them at the point of their intersection. This is a pre-emptive strategy. The goal
is to increase the effort required to carry out criminal activity and reduce the
rewards obtained from it. Situational crime prevention is based on right
realism, specifically rational choice theory.

Examples

An example of situational crime prevention is target hardening, which involves


implementing barriers such as door and window locks, CCTV, and security
personnel. This removes the opportunity to break in or commit a robbery.
Another aspect is designing out certain features of an area that may enable
crime, such as installing spikes, barbed wire, or turnaround gates to make it
difficult to climb or enter a property.

Advantages

Situational crime prevention is a cost-effective and simple method of curbing


crime. There is evidence that this strategy offers a more convenient and
practical method to reduce offending.

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Disadvantages

One prominent objection to situational crime prevention is crime displacement.


Rather than reducing crime, it may simply cause crimes to move elsewhere.
Forms of displacement include:

●​ Spatial: committing crime somewhere else


●​ Temporal: committing crime at a different time
●​ Target: committing crime on a different victim
●​ Technical: committing crime in a different way
●​ Functional: committing another type of crime​

Additionally, this method does not address the root causes of crime, which
often arise from complex social and cultural factors like poverty, deprivation,
and inequality. Situational crime prevention generally focuses only on street
crime and does not engage with other forms of criminal activities such as
interpersonal violence, white-collar crime, and state crimes.

Social and Community-Based Crime Prevention


Definition and Theory

Social and community crime prevention focuses on individual criminal


offenders and the social context within which they offend. It aims to pinpoint
and treat the causes of crime rather than the symptoms. Strategies usually
involve identifying individuals who are more likely to commit crimes and
intervening in some form. Proponents assert that risk conditions of crime, such
as poverty and unemployment, need to be urgently addressed to truly
eradicate crime. Some groups in society, like low-income populations and
certain ethnic minority groups, appear more susceptible to these risk
conditions.

Examples

Real-life examples of social and community crime prevention schemes


include:

●​ The Troubled Families Programme in the UK, which targets families


facing issues with health, crime, unemployment, truancy, child welfare,
and domestic violence. It uses a whole-family approach by assigning
one dedicated key worker to comprehensively tackle problems facing all

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members of the family .​

●​ The Perry Preschool Project in the US, which targets troubled families
and vulnerable children to reduce criminal and other social problems.​

These initiatives have both proven successful.

Advantages

When utilized effectively, social and community prevention can significantly


change the lives of individuals inclined towards criminal behavior by giving
them a chance at an honest life. They can also benefit the state and society
by turning potential criminals into employed, tax-paying, and productive
members. The results can be long-term as they aim to address the causes of
crime.

Disadvantages

These schemes are comprehensive and thus usually the most expensive of all
crime prevention methods, making them difficult to implement on a large
scale. Similar to situational approaches, they often target working-class crime
and urban communities, leaving white-collar crime unresolved. Marxists argue
that while policies like the Troubled Families initiative address experiences of
deprivation, they do not eradicate the systemic economic inequalities at the
heart of capitalist societies that cause these issues.

Environmental Crime Prevention


Definition and Theory

Environmental crime prevention is based on the idea that physical signs of


disorder and crime give the impression of low social control, which attracts
and encourages criminal activity. This aligns with social disorganization theory
and social control theory. It is based on right realism, specifically Wilson and
Kelling’s (1982) Broken Windows theory, which states that visible signs of
decay in a neighborhood (like litter, broken windows, graffiti, abandoned
housing) signal public neglect, leading to fear of crime and prompting
respectable community members to leave. This makes it more difficult for the
community to maintain order and control antisocial behavior, resulting in the
eventual decline of the neighborhood.

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Examples

Zero Tolerance Policing (ZTP) is a form of environmental crime prevention


where even minor misdemeanors are treated the same as serious crimes to
discourage them. Similarly, Anti-Social Behavior Orders (ASBOs) mean that
people can potentially be sent to jail for small acts of deviance. The reasoning
behind both is that it is better to prevent the slide into crime than deal with the
aftermath.

Advantages

Environmental crime prevention can be effective. For instance, zero-tolerance


policing in New York City led to significant reductions in crime rates during the
1990s . In the UK, ZTP methods have been applied in Liverpool, resulting in a
fall in the overall crime rate, particularly violent crimes. It is also a relatively
cheap strategy and appears to have an immediate effect on crime, which can
be reassuring to the public.

Disadvantages

Environmental crime prevention can be disproportionately harsh. ZTP has


resulted in people facing severe consequences, such as losing their jobs.
ASBOs can also give people criminal records even if they did not commit any
crimes. These strategies can feed prejudice, assuming an area is more prone
to crime because it looks rough, which is not always accurate. ZTP often
disproportionately affects ethnic minorities due to biases.

Conclusion
In conclusion, modern law enforcement and crime prevention strategies
encompass situational, social and community-based, and environmental
approaches. Each has its strengths and weaknesses. Situational crime
prevention is practical and cost-effective but may displace crime and ignore
root causes. Social and community-based prevention addresses underlying
issues but can be expensive and challenging to implement broadly.
Environmental crime prevention can yield immediate results but may lead to
harsh consequences and societal biases.

As the adage goes, “An ounce of prevention is worth a pound of cure.”


Effective crime prevention requires a balanced approach that considers the
complexities of human behavior and societal structures.

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—————

Community Policing: A Comprehensive


Overview
Definition of Community Policing
According to the U.S. Department of Justice’s Office of Community Oriented
Policing Services (COPS), community policing is defined as:

“A philosophy that promotes organizational strategies which support the


systematic use of partnerships and problem-solving techniques to
proactively address the immediate conditions that give rise to public safety
issues such as crime, social disorder, and fear of crime.”

This definition emphasizes that community policing is not merely a strategy


but a comprehensive philosophy that integrates various organizational
strategies to foster partnerships and employ problem-solving techniques
proactively.

Understanding ‘Community’ in Community Policing


A community is understood as a group of people living together in a certain
area, practicing common ownership, and having particular responsibilities and
interests in common. In the context of community policing, Trojanowicz and
Bucqueroux identify six key groups that must collaborate to ensure the
success of community policing initiatives:

1.​ The Police Department: This includes all sworn officers and civilian
personnel.
2.​ The Community: Encompasses all residents, both from formal and
informal backgrounds.
3.​ Elected Officials: Local, county, state, and federal representatives.
4.​ The Business Community: Local businesses and major corporations.
5.​ Other Agencies: Social services, public health departments, and
nonprofit organizations.
6.​ The Media: Both electronic and print media outlets.

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These groups must work collaboratively to build trust, share information, and
develop strategies that address the specific needs and concerns of the
community.

Benefits of Community Policing


Community policing offers numerous benefits, including:

●​ Enhanced Community-Police Relationships: By fostering open


communication and collaboration, trust between the police and
community members is strengthened.
●​ Promotion of Democratic Action: Community policing empowers
citizens to take an active role in ensuring their safety and well-being.
●​ Better Integrated Communities: Through partnerships, communities
become more cohesive and resilient.
●​ Improved Safety and Morale of Police: Officers working closely with
the community often experience increased job satisfaction and morale.
●​ Reduced Fear of Crime: Proactive engagement helps alleviate public
fear and anxiety related to crime.
●​ Valuable Information Sharing: Community members provide crucial
insights and information that aid in crime prevention and resolution.

Stages of Community Policing


Community policing is implemented through a four-stage process:

Stage One: Preparatory

This initial stage involves:

1.​ Engaging Stakeholders: Involving all relevant parties, including


community members, businesses, and governmental agencies.
2.​ Understanding the Community Context: Assessing public perception
of the police, identifying crime concerns, and understanding community
needs and priorities.
3.​ Establishing Partnerships: Forming collaborations with media,
businesses, government bodies, non-governmental organizations, and
volunteers.
4.​ Developing a Community Policing Plan: Creating a vision and
mission statement, setting SMART (Specific, Measurable, Achievable,

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Relevant, Time-bound) goals, and outlining strategies for
implementation.
5.​ Securing Media Support: Utilizing media channels to disseminate
information and promote community policing initiatives.

Stage Two: Implementation

This stage focuses on:

1.​ Intra-Departmental Changes:​

○​ Openness and Transparency: Ensuring clarity in organizational


structure, staffing, budgets, departmental priorities, and policies.
○​ Decentralization and Empowerment: Delegating authority to
lower levels to encourage responsiveness and adaptability.
○​ Department-Wide Training: Educating all personnel on
community policing principles and practices.
○​ Establishing Oversight Committees: Creating district-level
committees to oversee community policing efforts.
○​ Setting Up Community Policing Centers and Committees:
Providing dedicated spaces and groups for community
engagement.
○​ Recruitment and Training of Community Policing Officers:
Selecting and preparing officers specifically for
community-oriented roles.​

2.​ Developing Interagency Cooperation: Collaborating with other


organizations and agencies to address community issues
comprehensively.​

3.​ Problem-Solving Using the SARA Model:​

○​ Scanning: Identifying recurring problems.


○​ Analysis: Understanding the underlying causes and conditions.
○​ Response: Developing and implementing solutions.
○​ Assessment: Evaluating the effectiveness of the responses.

Stage Three: Evaluation

This stage involves:

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1.​ Process Evaluation: Assessing the implementation process to ensure
it aligns with the planned strategies.
2.​ Outcome/Impact Evaluation: Measuring the results and impact of
community policing initiatives on crime rates, community satisfaction,
and other relevant metrics.

Stage Four: Modification/Expansion

Based on evaluations, necessary adjustments are made to improve and


expand community policing efforts. This may include scaling successful
programs, addressing identified shortcomings, and exploring new strategies
for community engagement.

Case Studies of Community Policing in Pakistan


1. Citizen Police Liaison Committee (CPLC) Karachi

Established in 1990 by former Governor Sindh, Mr. Fakhruddin G. Ebrahim,


the CPLC Karachi operates from the Governor’s Secretariat. It has eight zonal
offices across Karachi and is currently led by Chief Zubair Habib since 2015.
The CPLC aims to monitor and prevent crime, protect lives and property, and
uphold the rule of law.

Positive Aspects:

●​ Self- sustainable : Operates independently with its own resources.


●​ Enhanced Trust in Police: Builds public confidence through
transparency and accountability.
●​ Management Information System (MIS): Utilizes technology for
efficient data management.
●​ Coordination with Government Agencies: Collaborates effectively
with various governmental bodies.
●​ Oversight on Police FIR Registration: Ensures proper documentation
and registration of cases.

Negative Aspects:

●​ Excessive Powers: Concerns over the extent of authority exercised.


●​ Non-Representative Body: Lack of broad community representation.
●​ Limited Support for Community-Police Partnership: Insufficient
engagement with the wider community.

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●​ Lack of Accountability to Citizens: Needs mechanisms for public
oversight.

2. Community Policing Centre (CPC) Karachi

Initiated in 2011 by IGP Wajid Durrani, the CPC aimed to establish community
policing units within police stations. Each unit was headed by a Sub-Inspector
and included ten constables, a police mobile, and a motorcycle. Prominent
local individuals were included in the committees. However, the project was
eventually disbanded due to limited success.

Positive Aspects:

●​ : Aimed to create a distinct community-focused entity.​

●​ Community Police Officers (CPOs): Assigned to understand


community contexts and address issues.
●​ Counseling and Awareness Sessions: Conducted to educate and
engage the community.

Negative Aspects:

●​ Lack of Pilot Projects: Implemented widely without initial testing.


●​ Shortage of Manpower and Resources: Insufficient staffing and
funding.
●​ Sustainability Issues: Challenges in maintaining operations over time.
●​ Inadequate Training for CPC Officers: Need for comprehensive
preparation.

3. Community Policing Centre (CPC) Islamabad

Established in 2013 by IGP Sikander Hayat, this initiative focused on


non-cognizable cases, civil matters, domestic disputes, and human rights
violations. The committee comprised 15 members selected by the RGP.

Positive Aspects:

●​ Ensured credibility and commitment.​

●​ Defined Responsibilities: Clear roles and expectations.​

●​ Weekly Monitoring by IGP: Regular oversight to maintain standards.

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Negative Aspects:

●​ Financial Constraints: Limited funding affected operations.


●​ Lack of Community Involvement: Insufficient engagement with the
broader public.
●​ Office Located Within Police Station: May deter community members
from participating.

3. Community Policing Centre (CPC) Islamabad


Negative Aspects (continued):

●​ Non-Serious Attitude of Members: Some committee members lacked


dedication, leading to poor outcomes.​

●​ Limited Legal Authority: CPCs could not enforce decisions, limiting their
effectiveness.

Challenges in Community Policing (General)


Despite its potential, community policing faces several key challenges,
especially in developing countries like Pakistan:

1.​ Public Distrust in Police​



Historical abuse of power, corruption, and lack of accountability have
eroded trust between citizens and police.​

2.​ Lack of Training and Professionalism​



Many officers lack the training to handle community engagement and
problem-solving roles effectively.​

3.​ Political Interference​



Political patronage undermines impartial policing and community
partnerships.​

4.​ Resource Constraints​



Inadequate funding, limited manpower, and outdated infrastructure

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hamper implementation.​

5.​ Resistance Within Police Ranks​



Some officers view community policing as extra workload or a threat to
traditional authority structures.​

6.​ Weak Legal Framework​



There is no dedicated legislation in Pakistan that institutionalizes
community policing practices.

Recommendations for Effective Community Policing in


Pakistan
1.​ Legislative Backing​

Introduce clear legal provisions for community policing within police
laws, such as amending the Police Order 2002.​

2.​ Training and Capacity Building​



Launch mandatory training programs on communication, conflict
resolution, and human rights for all officers.​

3.​ Citizen Involvement Mechanisms​



Establish local policing boards and neighborhood watch committees to
ensure direct community engagement.​

4.​ Media and Awareness Campaigns​



Use mass media to build awareness and promote community-police
cooperation.​

5.​ Pilot Programs in High-Crime Areas​


Start small, well-funded, and closely monitored pilot projects before
scaling up nationwide.​

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6.​ Technology Integration​
Use apps, digital platforms, and SMS-based systems for easy two-way
communication between police and citizens.
7.​ Independent Oversight Bodies​
Form independent civilian boards to oversee and evaluate community
policing initiatives.

Quotations
“The police are the public and the public are the police.”
— Sir Robert Peel, Father of Modern Policing
“Community policing is not a technique or a program; it is a philosophy of
full service personalized policing.”
— Trojanowicz and Bucqueroux
“No law enforcement agency can do its job without the help of the
community. That’s why we need trust and cooperation.”
— Barack Obama

References
●​ Trojanowicz, R. C., & Bucqueroux, B. (1990). Community Policing: A
Contemporary Perspective.
●​ U.S. Department of Justice. (2014). Community Policing Defined.
www.ojp.gov
●​ Police Order 2002 (Pakistan)
●​ UNODC. (2020). Handbook on Community Policing.
●​ CPLC Karachi official reports and website

Topper-Style Conclusion
Community policing is not just a reform—it is a transformation in the
philosophy and practice of law enforcement. By emphasizing partnership,
trust-building, and proactive problem-solving, it offers a sustainable solution to
rising crime and deteriorating public trust. Pakistan’s case studies—like CPLC
Karachi—demonstrate that while there are notable successes, challenges
remain in areas of implementation, political neutrality, and resource allocation.

A well-structured, legally backed, and community-led policing system can


bridge the gap between the police and the people. In a society marked by
socio-political tensions and weak institutions, community policing is not an
option; it is a necessity to ensure justice, security, and social cohesion

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