4.criminology Notes (Manzoor Mazari) - Redacted PDF

INTRODUCTION
I sat CSS in 2019 but failed. Not miserably, but nonetheless failed. Below is my DMC (just
to prove to those doubting my claim) , there were some subjects I scored kinda well
including Criminology. So, where I can find my learning resources I will try and share with
you all.
To all those who were asking how you scored 76 in the CE-2019 criminology exam, let
me share my notes I compiled. It was hard work, but it’s all about spreading the love isn’t
it? Hopefully it can benefit a wider audience. Please remember me in your Duas.
I am a chartered accountant by profession, but criminology was a really interesting

subject to study for. So, if someone with no social science background can score well in
it, so can you! There are a few simple requirements though and I have tried to explain
them below. Follow them and you’re in for a treat.
To be honest, even if you don’t read any books at this stage and just cover these notes-
you will have a good chance of not only passing but also scoring respectable well as I
have covered nearly everything in these notes! This is what I went through for my
revision. But please don’t hold me to this statement. I would advise you to use these
notes as a starting guide and you can expand on them through your own research.
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My strategy was to analyse the past paper questions. There have been very similar
questions in the past from each section, so I shortlisted the most common questions and
prepared answers from them. I.e if there were 3 different questions on Probation and
Parole, I prepared one answer for all 3 so that it covered all the different angles i.e Brief
history, present situation, challenges and solutions.
As such, these answers served as Notes for me when I was revising. Do extensive google
searches and use youtube videos to make these notes. One very important thing also, do
search for Pakistan specific cases E.g I probably quoted 5-6 examples (names of
individuals, legislation in place, reforms, statistics from Pakistan) when I was discussing
juvenile crime in Pak. In your notes also include reforms (solutions) , e.g ‘The Juvenile
Justice System Act 2018 (JJSA)’. This will fetch you marks. A simple google search like
‘probation system in pakistan’ will give you many newspaper articles which will give you
the stats, examples, analysis you need. Example of an article I used: [The neglected
probation system by Arshad Mahmood.](https://tribune.com.pk/story/1043366/the-
neglected-probation-system/)
Top tip: The question although may be very similar to the past paper questions will have
a different twist to it. Do not worry, utilise all your previously revised content on that
topic- Just mould it for that question.
Hope this helps and All the very best!
P.S- Ever need any help, reach out on Facebook (Manzoor Mazari). I can’t promise I will
be able to respond back every time but will try my level best. Also, search Manzoor
Mazari on Youtube and listen to the short messages I try and upload for all you lovely
CSS Aspirants. I don’t boast to be a CSS Specialist, but merely relaying my experiences. You
may disagree on certain aspects, but I am sure you’ll learn some good things 😉
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PAST PAPER ANALYSIS
Section 1:
Q2. Explain the nature and importance of criminology in detail. (2016)
Q3. Define the term Crime and Criminals. Explain the types of criminals in details. (2016)
Q. No. 2. Write a critical note on the increasing importance of Criminology in Pakistan.

Also discuss the historical development of criminology as a scientific
discipline. (2017)
Q. No. 3. Enlist the criminological perspectives. Briefly describe the three
criminological perspectives on the study of crime and criminal behaviour. (2017)
Q2. Discuss criminology. Discuss the scope of criminology in Pakistan. (2018)
Q3. What is the Islamic perspective on crime and punishment? Explain your answers with the
help of proper examples. (2018)
Section 2:
Q4. Write a note on the role of crime Control Agencies. (2016)
Q5. Define the term Probation and discuss the conditions of Probation. (2016)
Q. No. 4. Write a comprehensive note on the Juvenile justice system of Pakistan. Suggest
measures for the improvement of Juvenile justice system of Pakistan. (2017)
Q. No. 5. Write short notes on: (10 each)

(a) Causes of Juvenile delinquency in Pakistan
(b) Probation and Parole (2017)
Q4. What is juvenile delinquency? Explain the nature, extent and causes of juvenile
delinquency in Pakistan. Suggest remedial measures for reducing juvenile delinquency in
Pakistan. (2018)
Q5. Trace back the history and development of police organisation in Pakistan. (2018)
Section 3:
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Q. Enlist and discuss the principle of criminal investigation. (2016)
Q. Discuss in detail the ‘Interviewing and Interrogation techniques’ of Investigation. (2016)
Q. No. 6. Write a comprehensive note on the principles of criminal investigation. Illustrate
with examples from Pakistan. (2017)
Q. No. 7. Elaborate importance of legal and ethical guidelines for the criminal investigation
of gender based crimes. Support your answer with example from
Pakistani society. (2017)
Q. What is Criminial investigation? Explain the key principles of criminal investigations.
(2018)
Q. To what extent Interpol has been successful in reducing organised crime at International
level. Discuss. (2018)
Section 4:
Q. Write a detailed note on cybercrime. (2016)
Q. Write short notes on any two of the following:

A) Money Laundering
b) White-collar crime
c) Criminal law (2016)
Q. No. 8. Write a critical note on the role of law enforcement agencies in the control of
terrorism in Pakistan. Suggest measures to minimize radicalization in Pakistan. (2017)
Q. No. 9. Write notes on: (10 each)

(a) Money-laundering in Pakistan
(b) Gender and Crime (2017)
Q. Intelligence led policing has become an effective model of policing in tackling organised
crime. Discuss the background and key principles of intelligence led policing. (2018)
Q. Discuss the laws and institutional arrangements for controlling money laundering in
Pakistan. (2018)
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Meaning of Criminology
Criminology is the scientific study of crime and criminals, including its causes, responses by law
enforcement, and methods of prevention.
The word criminology is composite of two words criminal + logy. Literally, it means a systematic
study of the criminals, that is, persons who break or offend the social or group law. However, since
the offences committed by criminals are crimes; and as crimes occur in society, the term criminology
fully means a study of crimes as well as criminals in relation to society. It also tries to determine the
causes of these and also thereby recommends preventive measures. The science of criminology is a
scientific and systematic study of a social phenomenon.
- The scientific approach to studying criminal behaviour

- Interdisciplinary science that seeks that seeks to explain the causes, intent & nature of crime in
society.
- Closely related to the field of criminal justice which is the study of agencies of social control that
handle criminal offenders.
- The term criminology was coined in 1885 by Raffaele Garofalo, an Italian professor
- It combines the academic disciplines of sociology, economics, psychology, biology & political
science.
Various scientific techniques and methods are employed for the study of this phenomenon. As
criminology views man as a social animal, it tries to study social interactions and phenomena to place
its subject matter in a proper perspective. The science of criminology also investigates the structure
and function of social laws rules and regulations. How do the social laws, conventions and traditions
get formulated? How and why does an individual break them? Is there an element of compulsion or
coercion in his defiance of the law? Or is it deliberate? These and other allied matters are studied by
criminology with a view to find adequate answers which may help to formulate the effective
preventive measures and controls. The reaction of society towards a criminal and the disposition of
criminal towards society are the important matters for investigation which help to understand
Criminology has several sub-groups, including:
Penology: the study of prisons and prison systems. The science of the origin and development of
punishment, its significane and utility.
Criminal anthropology: the study of the biological basis of criminal behaviour. The science of
criminal man (somatic). It attempts to answer such questions as: what peculiar bodily characteristics
has the criminal? What relation is there between race and criminality?
Feminist criminology: the study of women and crime
Criminalistics: the study of crime detection.
Definition of Criminology
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The most important definitions:
(1) According to an eminent sociologist Sutherland: “Criminology is the body of knowledge

regarding crime as a social phenomenon.” This definition exhibits sociological bias and
regards crime to be reaction to certain set of social factors and causes.
(2) According to an eminent criminologist Elliot: “Criminology may be defined as the scientific
study of crime and its treatment.” This definition, besides emphasizing the scientific investigation
into the nature and etiology of crime, stresses the practical or utilitarian nature of this body of
knowledge, namely, devising ways and means to prevent or reduce the incidence of crime and
rehabilitate criminals as normal members of the society.
(3) According to renowned criminologist D. R. Taft: “Criminology is the study which includes all
the subject matter necessary to understanding and prevention of crimes together with the
punishment and treatment of delinquents and criminals.”
This is a comprehensive definition and describes theoretical as well as practical aspects of the
study. It brings out clearly the fact, which may get overlooked usually, that criminology is
concerned not with the offences committed by adults only but also deals with juvenile offences.
(4) According to another noted sociologist Webster (1959), the science of Criminology may be
described to be “the scientific study of crime as a social phenomenon, or of criminals and their
mental traits, habits and discipline.” This definition has the merit of emphasizing equally the
sociological as well as psychological aspects of the crime and the criminal.
Nature of Criminology
The foregoing discussion about the meaning and description of criminology makes abundantly
explicit and clear the nature of this science. Fundamentally speaking, the task of criminology is a
scientific, systematic, statistical, structural and functional in depth study of crime
Criminology is concerned with the scientific and systematic study of crime. It is essentially a
multi- disciplinary study. It shouldn’t be confused with the science of criminal detection or
forensic science and forensic pathology. There is no direct connection between the detection of
crime and the study of crimes and criminal behaviour carried out by criminologists. A
criminologist is concerned more with how and why crimes come to be committed rather than who
did it and providing proof of guilt.
Criminology is best seen as a social science concerned with those aspects of human behaviour
regarded as criminal because they are prohibited by the criminal law, together with such aspects
of socially-deviant behaviour as are closely related to crime and may usefully be studied in the
connection.
Besides having a theoretical understanding of crime, criminal and his behaviour, the object of
criminology is also to devise effective tools to minimize the incidence of crime, reform and
rehabilitate the criminal. Lastly, criminology also tries to suggest reform in penal code and its
enforcement in order to make these rational and humanitarian.
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Scope of Criminology
Like other social sciences, the scope of criminology is also quite vast and extensive. It is related
to each and every social class and structure. Though the scope of criminology is very vast and
coextensive with many sciences, the criminologists have tried to limit its scope in order to be able
to study the subject scientifically, systematically and exhaustively. The viewpoints of certain
notable criminologists are given on next page:
According to Sutherland the science of criminology, “includes within its scope the processes of
making laws, of breaking laws, and of reacting towards the breaking of laws.” In the opinion of
Sutherland criminology has three distinct aspects of departments. Though distinct, these are
nonetheless not independent, but inter-linked. A thorough study of these aspects exhausts the
scope of criminology; to study all of them is the same as studying the whole science of
criminology.
In accordance with Sutherland’s description of the scope of criminology, we can divide it into
departments:
(a) The sociology of law-In this we study the nature of crime from legalistic point of view. Also
we investigate into the effects of present laws upon them and study the possible reforms in the
laws in order to prevent and control the occurrence of crime. The major concern of the sociology
of law is to critically examine the impact of various legal systems upon crime. This study can go
a long way to evolve suitable changes in the laws to curb crime.
(b) Criminal Etiology-In this department a systematic investigation into the various causes of
crime is made. Here we study the social and personal factors responsible for the occurrence of
crime and growth of criminals.
(c) Penology-Besides knowledge and determination of the causes and factors which generate or
encourage crime, it is equally, if not more essential to know the ways and means of controlling
and preventing the crime. This aspect is studied systematically and in a scientific manner to
achieve control over crime. The facts and theories in this regard from the scope of Penology, an
important department of criminology.
The Viewpoint of Elliot and Merrill

The eminent scholars Elliot and Merrill have made an exhaustive and thorough study regarding
the scope of criminology. According to these scholars, in criminology we study four sets of facts.
These are as follows:
(a) The Nature of Crime-What are the features of crime? What type of action is crime? In what
respect does a criminal act differ from a social or moral act? Is it just the action which may be
considered criminal or can the motive make difference to our description of a crime? For
example, the theft committed for personal gain and the theft committed for impersonal reasons or
social gain are both cases of theft. Can we make any distinction between the two? The answers to
these questions tell us the nature of crime.
(b) Investigations into the causes of Crime-Under this aspect of Criminology we study the
reasons of criminal behaviour. The different types of crime have different causes. Are these
differences apparent or real? Can we come by a general theory of crime which will be adequate to
explain all types of crime? Are there relations, inverse or direct, between various crimes. These
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questions are investigated under this head. Besides, we also study the question of responsibility of
crimes. If criminals are made and not born, who is responsible for encouraging criminality? Is it
parent education or social system that is responsible in conjunction or one of these alone? All
these questions form the subject mater of this aspect of criminology.
(c) Individualized Study of Criminals-How and when does one turn into a criminal? What
particular event or series of events happen which turn man towards criminality? In order to know
all these facts we have to study in detail the personal lives of the criminals. Also we have to study
the life of a person in totality for understanding the nature of crime and criminal. For this purpose
we make use of what has come to be known as the technique of case-history method.
(d) Study of Prevention of Crime & Reform of the Criminal-Most obviously crimes is inimical to
the interests of the society. They not only disturb the social equilibrium but make life hell for the
criminal as well as his relatives. Even more, due to crime the normal law abiding citizen lives in
fear. Therefore it is most essential to devise ways and means to prevent crime and reform the
criminals. Should the system of punishment the deterrent, preventive, reformative or exemplary?
What type of punishment is adequate for each type of crime? Such questions are studied under
this head.
TYPES OF CRIMINOLOGY: (pg24)
1. Critical Criminology- Concerned with the ways in which people especially lower class
people are oppressed, manipulated and misunderstood.
Marxist position, seeing society as a two class system with one class, the ruling class,
controlling and surpressing the other.
2. Conservative Criminology- Identified with the view that criminal law is a codification of
moral precepts and that people who break the law are morally defective.
3. Sociological Criminology- Study of crime as a social phenomenon.
• There are repeated attempts of criminologists to exert influence on criminal policy both
theoratically and empirically.
• Criminal law or Penal law is the body of law that relates to crime. It regulates social
conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the
property, health, safety, and moral welfare of people. It includes the punishment of people
who violate these laws.
• There are two types of criminal laws: misdemeanors and felonies. A misdemeanor is an
offense that is considered a lower level criminal offense, such as minor assaults, traffic
offenses, or petty thefts. Moreover, in most states, the penalty for the misdemeanor crime
is typically one year or less.
• In contrast, felony crimes involve more serious offenses. Some examples of felonies
include murder, manslaughter, dealing drugs, rape, robbery, and arson
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encouraging criminality? Is it parent education or social system that is responsible in conjunction
or one of these alone? All these questions form the subject mater of this aspect of criminology.
(c) Individualized Study of Criminals-How and when does one turn into a criminal? What
particular event or series of events happen which turn man towards criminality? In order to know
all these facts we have to study in detail the personal lives of the criminals. Also we have to study
the life of a person in totality for understanding the nature of crime and criminal. For this purpose
we make use of what has come to be known as the technique of case-history method.
(d) Study of Prevention of Crime & Reform of the Criminal-Most obviously crimes is inimical to
the interests of the society. They not only disturb the social equilibrium but make life hell for the
criminal as well as his relatives. Even more, due to crime the normal law abiding citizen lives in
fear. Therefore it is most essential to devise ways and means to prevent crime and reform the
criminals. Should the system of punishment the deterrent, preventive, reformative or
exemplary? What type of punishment is adequate for each type of crime? Such questions are
studied under this head.
The Practical Importance of Criminology

Apart from having theoretical value and importance, criminology also has much practical use and
importance. In the words of Sutherland, “Criminology is concerned with the immediate
application of knowledge to the programmes of social control of crime.” Following are some of
the specific practical uses of criminology.
(1) Elimination of Crimes-The elimination of crime is one of the specific aim of criminology.
It helps society in controlling and eliminating the crime both directly and indirectly. It is
most obvious that if one knows the cause of a malady, its cure becomes easy. It is a
truism in medical practice that correct diagnosis is more than half the cure. The same
holds good in regard to the phenomenon of crime. By the knowledge of the causes of the
crime, we can undertake specific measures to remove them.
(2) Helpful in understanding the Psychology of the Criminal-Criminology is practical study.

With the help of its knowledge we can easily assess the attitudes and opinions of the
criminals. The study of criminology helps us to pin-point the factors responsible for the
various crimes, that is, we learn as to how a particular crime is generated. There by we are
able to correlate specific crime with specific set of circumstances. Apart form learning
about the psychology of crime, the knowledge of criminology helps us to classify the
criminals, that is, we are enabled to correlate personal factors like age, family and social
background, education and physical environs, physical and mental traits with different
types of crime. Thus for example, it may be revealed traits with different types of crime.
Thus for example, it may be revealed that sexual crimes are committed, contrary to
general impression, by persons with low sex-drive rather than by highly-sexed persons. A
prostitute-monger may be consorting with different women so as to cover up the self
consciousness and guilt over inadequate performance or he may be doing so in order to
receive the thrill of personal quirks and varied techniques of arousal exercise by the
professional sex-vendors. These facts make it abundantly clear that the study of
criminology goes a long way in helping us to appreciate the psychology of crime and
criminal.
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(3) Reforms of Criminals-Besides controls, prevention and elimination of crime, it is the
important task and responsibility of the science of criminology to device and suggest
measures for the reforms and rehabilitation of the criminal. For example, to wean a
prostitute from the sale of her bodily wares, we must know how and why she has taken to
this profession. In the societies which do not stigmatize such persons and are prepared to
accept them, the task is relatively easy. Again, it is easy if the prostitute has taken to this
profession from economic hardships and other compulsions but it disgusted with what she
is doing. But if, on the contrary, either the society is orthodox or the prostitutes like and
enjoy what they are doing, the task of reform is extremely difficult, if not impossible.
(4) Reforms of Evil Forces-Every society are under the influence of certain evil forces and their
removal is the concern of every well-meaning member of the society. The science of criminology
helps us a great deal in appreciating and understanding these evil forces and, thus, enables us to
device ways and means for the effective check of those forces.
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CRIME
The word crime is derived from the Latin root cernō, meaning "I decide, I give judgment". Originally
the Latin word crīmen meant "charge" or "cry of distress."
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term
"crime" does not, in modern criminal law, have any simple and universally accepted definition,
though statutory definitions have been provided for certain purposes. The most popular view is that
crime is a category created by law; in other words, something is a crime if declared as such by the
relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence)
is an act harmful not only to some individual or individuals but also to a community, society or the
state ("a public wrong"). Such acts are forbidden and punishable by law.
The notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What
precisely is a criminal offence is defined by criminal law of each country. While many have a
catalogue of crimes called the criminal code, in some common law countries no such comprehensive
statute exists. The state (government) has the power to severely restrict one's liberty for committing
a crime. In modern societies, there are procedures to which investigations and trials must adhere. If
found guilty, an offender may be sentenced to a form of reparation such as a community sentence,
or, depending on the nature of their offence, to undergo imprisonment, life imprisonment or, in
some jurisdictions, execution.
Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must – with
certain exceptions – be accompanied by the "intention to do something criminal" (mens rea). While
every crime violates the law, not every violation of the law counts as a crime. Breaches of private law
(torts and breaches of contract) are not automatically punished by the state, but can be enforced
through civil procedure.
Crime as social problem
Crime is a violation of criminal law for which formal penalties are applied by some governmental
authority. It represents some type of deviation from formal social norms administered by the state.
Crimes are divided by law into various categories, depending on the severity of the offence, the age
of the offender, the potential punishment that can be levied, and the court that holds jurisdiction
over the case. There is no society in any part of the world, which is without crimes.
One of the serious problems of today’s crimes is that in many cases the criminals are socially,
politically and economically so powerful that they decide the course of punishment for others while
they themselves manage to get escaped completely.
Causes of Crime There are many causes of the crime. Few of the many causes may be discussed as
under: 1. Poverty 2. Education System 3. Unemployment 4. Political Setup 5. Change in Values 1.
Poverty Poverty is one of the most importance causes of crime. In fact it can be said that it is the
root cause of many crimes. Though poverty is a relative term, yet in every form it result in corruption
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and adopting illegal and underhand means. Poverty results in committing suicide and prostitution as
well as bribery and so on. Directly or indirectly poverty is responsible for all sorts of crimes.
2. Educational System Unfortunately present day educational system is very defective. The system of
education does not lay stress on morality and character, which are effective forces for checking
crimes. Similarly we find the education is mostly not vocational biased and does not help the young
people to get timely employment. Delay in getting proper employment encourages tendency
towards crime.
3. Unemployment In the economic field unemployment plays an important role in committing of

crimes. Thus an unemployed young person can become robber or a thief. He can become violent and
take law into his own hands. In this way unemployment results in many crimes. That is the reason
that we find that in countries, which have undeveloped economy, and in which chances of
unemployment are marginal, rate of crimes is high.
4. Political Set up Our political set up also encourages crimes in our modern times government
machineries are slow and inefficient with the result that this becomes premium on the illegal
activities of the criminals. Similarly our legal system too is very complex and complicated and the
criminals are confident that they can escape free and involve some innocent persons in it.
They know that by their illegally earned wealth they can purchase as well as mould the course of
law. Not only this, but we find that some of our politicians encourage criminals for one reason or the
other.
5. Change in Values As we know that due to industrialization and advancement of science and
advancement of science and technology social values have very greatly changed. Today we are more
materialists and rational as well as individualists. Collectivism and blind faith is being replaced by
new ideas. Due to these changes, social values have also together changed and restrictions
considerably reduced. This has resulted in committing many crimes.
In the field of criminology, the theroretical lens has been primarily guided by concepts germane
to the fields of sociology, psychology and biology and the behaciour to be explained is typically
the behaviour that violates the codified laws of a society (i.e crime and delinquency).
Theoratical integration which is being sought by the criminologist, generally involves borrowing
theoretical constructs from competing theories and combining them into a single theory.
Integrating theories within criminology is particularly advantageous because it allow scholars to
begin to understand the behaviour under study in a more complex and potentially more
complete manner.
Three broad models of criminal behaviors are the following: psychological, sociological and
biological models. Actually, it is difficult to completely separate them and it is generally
accepted, that all of them play a role in the interpretation of behavior. Though psychological
principles can be applied across all the three models, they all have some specific ones, which
would help in implementing across different crime control policies
Biological , physiological theories etc in detail PAGE 67.
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1. Biological theories- attempt to explain behaviours contrary to societal expectation
through examaniation of individual characteristic. 3 types 1) differentiate among
individuals based on innate (those you are born) outward physical traits or
characterisitcs 2) genetic or hereditary characterisitcs 3) basis of structural, functional or
chemical differences in the brain or body.
• Positivist theory- Assert that behaviours including law-violating behaviours are
determined by factors largely beyond individual control.
• Classical theory- People generally choose behaviours in rational processes of
logical decision making.
• Physical trait theory- belief that one can determine a persons character, moral
disposition or behaviour by observing his physical characteristics. Ancient one-
Pythagoras in 500 BCE.
2. Physiological Theories- focus on association of intelligence , personality, learning and
criminal behaviour.
• Psychodynamic theory- centred on a notion that an individuals early childhood
experiences influence his likelihood for committing future crimes. Individuals
personality is controlled by unconscious mental process that are grounded in
early childhood. Sigmund Freus (1856-1939).
• Behavioural theory- hallmark is the notion that people alter or change behaviour
according to the reactions this behaviour elicits in other people. Views crimes as
learned responses to lifes situations.
• Cognitive theory- an individuals perception and how it is manifested affect his
potential to commit cirime.
• Personality- defined as something that makes us what wwe are and also that
which makes us different from others. Five domains.
• Intelligence- suggests a link between intelligence and crime. Belief that criminals
possess low intelligence and it is this that causes criminality.
3. Social theory- Shaw and Mckay used the ideas of human ecology to study the association
between urban ecological charactersistics and juvenile delinquency. Centred around
three sets of variables 1) physical status 2) economic status 3) population status.
• Strain theory- certain strains or stressors increase liklehood of crime. These
strains involve the inability to achieve ones goals ( e.g monetary or status goals),
the loss of positive stimuli ( e.g death of a friend, loss of valued possession), or
the presentation of negative stimuli ( verbal and physical abuse). When
experiencing these strains , become upset and they turn to crime in effort to
cope. Crime may be a way to refuce or escape from strains.
• Social control theory- crime and delinquency result when the bond to society is
broken or weak. As social bonds increase in strength , the costs of crime to
individual increase as well.
• Learning theory- social behaviour approach that emphasise the reciprocal
interaction between cognitive, behavioural and environmental determinants of
human behaviour.
• Labelling theory- A type of symbolic interaction, labeling theory concerns the
meanings people derive from one another's labels, symbols, actions, and
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reactions. This theory holds that behaviors are deviant only when society labels
them as deviant. As such, conforming members of society, who interpret certain
behaviors as deviant and then attach this label to individuals, determine the
distinction between deviance and non‐deviance.
Biological Theories. Biological theories are based on a person’s biological and hereditary
identity. These theories imply that it is not entirely the criminal’s fault, but their biological make
up that makes them identify with criminality. Lombroso suggests what he feels is a typical
criminal in his book the Criminal Man, in which he describes traits and characteristics of
prisoners that he identifies with criminality.
Psychological Theories.Psychological theories deal with a person’s mental being. In

psychological theories the individual is the unit of analysis. It is believed that crimes are the result
of abnormal, dysfunctional, or inappropriate mental processes within the personality of the
individual. (Seiken, 2014) Therefore, it is believed that criminal behavior may be purposeful for
the individual because it addresses certain felt needs.
Sociological Theories. Sociological Theories associate a criminal’s behavior with the social
constructs surrounding the individual. Sociological theories are structured and based on the
environment around the individual. This is the people that are in close or intimate contact with
the individual, the environment(s) in which the individual is in constant contact with, and the
way the individual has been taught. Social structure and context, as well as sociological theories
are an important part of analyzing a criminal’s behavior
DIFFERENCES BETWEEN SIN, CRIME & VICE
For the sake of scientific study, the sin, the vice, the immorality etc, have been dealt with
differently in criminology. A crime is an act against society or law or both for which it is
penalised. Keeping this definition of crime in view, it will be beneficial to differentiate all these
concepts from crime.
Crime and Sin
All the acts against religion are considered sins. Thus, sin can be defined as the transgression of
divine laws. Its very base is religion, while the crime is based upon laws. The concept of sin is
traditional, based on orthodoxy and rigidity. The final decision in sin is taken on the basis of
religious books while in the matter of crime; it is taken by law court. Darrow has defined sin in a
most suitable manner. In his words, “Sin……is an offence against God, a transgression against
the divine law and any thought, desire, word, an act or omission against that law”.
Crime and Vice

Vices are often included in the category of crimes, but many of them, sometimes are not
regarded as crimes. There is a lot of difference in their aims. The crimes cause harm to others
while the vicious or the wicked causes harm to him only. For example, the vices like gambling,
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drinking prostitution or deriving pleasure out of illicit sexual intercourse; cause harm to the
individual only. As the harm to the individual indirectly effects, the latter therefore prohibits the
vices and generally gives punishment for them.
CRIMINALS
A criminal act occurs when there is a motive, a means, and an opportunity.
What is Criminality?
While the term criminality is used often in criminology to refer to actual criminal characteristics
of a person (i.e., propensity evidence such as past criminal record, etc.), we use the term
criminality to refer to the extent to which a person's appearance triggers stereotypes about
criminals.
Different classifications of criminal incl Havelick Ellis’s view, Ferris classification PAGE 42.
American write August Drdhms in his book the criminal was first to propose a simpler and
clearer classification. Concluded that all types of criminals could be classified under 3 main
heads: instinctive , habitual and single offenders. This classification is at once thoroughly
scientific and easily applied in courts of law and in other institutions dealing with criminal class.
Page 43.
• Born or instinctive- who cannot adjust themselves to the social order on account of
hereditary or inborn defects
• Habitual- who have taken on criminal tendencies through the influence of their
environment.
• Single offender- socially normal person who has not yet formed any criminal habits, but
who has commited single offences. No history of crime and whose felony is not followed
by other offences.
• The occasional criminals -The occasional criminal only performs the act if the
opportunity occurs in his/her routine of daily life. For example someone is walking by a
car & it happens to be unlocked & the person notices they might take their car stereo,
etc. Those whose criminal acts were due to external circumstances and who were driven
to commit crimes because of a special passion
• The Pseudocriminal Individuals who become criminals by mere accident e.g. killing in
self-defense. These criminals are also called Judicial Criminals.
• Criminaloid These are epileptoids who suffer from a milder form of the disease so that
without adequate cause criminality is not manifested. These are individuals with weak
natures who can be swayed by circumstances to commit crime. Often showing
hesitation before committing crime.
• Habitual Criminals Individuals who regard the systematic violation of the law in the light
of an ordinary trade. Include those convicted of theft, fraud, arson, forgery and
blackmail.
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• Epileptoid Criminal Individual suffering from epilepsy. In short, for occasional criminals
who commit slight offences, in circumstances which show that they are not of a
dangerous type, I say, as I have said already, that reparation of the damage inflicted
would suffice as a defensive measure, without a conditional sentence of imprisonment.
Causes of criminal behavior
• The reasons behind criminal behavior can vary a lot in each particular case, but still they
can be grouped in two main categories – genetics and environment.
• When in the mid 19th century the question about the causes of criminal behavior was
raised, a lot of psychologists were insisting that the only reason is genetics. They even
considered that a person’s inclination to criminal could be measured according to the
parents mental condition, i.e. if they had some even minor mental problems theirs
son/daughter was more likely to become a criminal. The scientists had their versions of
solving a problem, but is it fair if the people with higher risk of committing a crime would
not be allowed by the state and society to live normally and have children?
• As the time passed more and more researches and experiments were held and modern
approach to this question is that of course genetics is really important reason behind
criminal behaviour, but the environment is also as important as it. This includes the
family the child is born and raised in, the example parents and family can give them, the
social status they have, education, etc.
• Nowadays the psychologists and criminalists agree that what drives a person to criminal
behavior is really complex and complicated mechanism, involving a lot of factors. We
can imagine a child, who was born in a “criminal” family (mother is schizopreniac, father
is rapist and murderer) but after he got an education and a job there is nothing antisocial
in his behaviors. It proves that solely genetics can’t determine one’s inclination to the
criminal.
• So, it is impossible to predict a person’s “criminality” according to some specific factors,
but we can still highlight some circumstances and apply a person to a “relatively higher
criminal risk group”.
• Financial problems, or starvation – this is especially common problem in third world
countries. When a person has to struggle every day just to get food to survive, the
probability that they become thieves is high.
• Low social status – when one is bullied because of it, they may easily become
aggressors and fight back against the whole society.
• Genetics – some genetical mental disorders, itself, includes increased aggression.
• Etc.
White-Collar Crime pg. 45

What is a 'White-Collar Crime '
Sutherland popularised the term this term by defining such crime as one committed by a person
of respectability and high social status in the course of his occupation. He also included crimes
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committede by corporations and other legal entities within his definition. Sutherlands study of
white collar crime was prompted by the view that criminology had incorrectly focused on social
and economic determinants of crime, such as family background and level of wealth. These
deviants have least regards for ethical and moral human values. Therefore, they carry on with
their illegal activities with impunity without the fear of loss of respect and prestige.
White-collar crime refers to financially motivated nonviolent crime committed by business and
government professionals. Within criminology, it was first defined by sociologist Edwin
Sutherland in 1939 as "a crime committed by a person of respectability and high social status in
the course of his occupation".
White-collar crime is a nonviolent crime committed for financial gain. Securities fraud,
embezzlement, corporate fraud and money laundering are examples of white-collar crime.
BREAKING DOWN 'White-Collar Crime'
White-collar crime gets its name from the types of individuals who typically commit financial
fraud, including business managers, fund managers and executives. Individuals can face prison
time and steep fines if they are convicted of white-collar crimes. The federal government can also
pursue financial damages from corporations and banks that commit white-collar crime on an
institution-wide level.
Example of White-Collar Crime Committed by an
Individual
One of the most well-known white-collar criminals is Bernard Madoff, who was convicted in
2009 of a massive fraud that cost investors $65 billion. Madoff, sentenced to 150 years in prison,
ran an elaborate Ponzi scheme, which promised large returns on investments. For many years,
Madoff used money from new investors to pay previous investors without actually investing the
funds. Madoff’s scheme fell apart when a significant number of investors demanded their money
back, and Madoff was unable to pay them.
Examples of Corporate White-Collar Crime
Corporate white-collar crime usually involves a large-scale fraud perpetrated throughout the
institution. For instance, Credit Suisse pleaded guilty in 2014 to helping U.S. citizens avoid
paying taxes by hiding income from the Internal Revenue Service. The bank agreed to pay
penalties of $2.6 billion. Also in 2014, Bank of America acknowledged it sold billions in
mortgage-backed securities (MBS) tied to properties with inflated values. These loans, which did
not have proper collateral, were among the types of financial misdeeds that led to the financial
crash of 2008. Bank of America agreed to pay $16.65 billion in damages and admit to its
wrongdoing.
ORGANIZED CRIME pg. 50

Organized crime is a category of transnational, national, or local groupings of highly centralized
enterprises run by criminals who intend to engage in illegal activity, most commonly for money and
profit. Some criminal organizations, such as terrorist groups, are politically motivated. Sometimes
criminal organizations force people to do business with them, such as when a gang extorts money
from shopkeepers for so-called "protection". Gangs may become disciplined enough to be
considered organized. A criminal organization or gang can also be referred to as a mafia, mob, or
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crime syndicate; the network, subculture and community of criminals may be referred to as the
underworld.
Other organizations—including states, militaries, police forces, and corporations—may sometimes

use organized-crime methods to conduct their activities, but their powers derive from their status as
formal social institutions. There is a tendency to distinguish organized crime from other forms of
crime, such as white-collar crime, financial crimes, political crimes, war crime, state crimes, and
treason. This distinction is not always apparent and academics continue to debate the matter. For
example, in failed states that can no longer perform basic functions such as education, security, or
governance (usually due to fractious violence or to extreme poverty), organised crime, governance
and war sometimes complement each other. The term "Parliamentary Mafiocracy" has been used[by
whom?] to describe democratic countries whose political, social and economic institutions come
under the control of a few families and business oligarchs.
In the United States, the Organized Crime Control Act (1970) defines organized crime as the unlawful
activities of a highly organized, disciplined association. Criminal activity as a structured process is
referred to as racketeering. In the UK, police estimate that organized crime involves up to 38,000
people operating in 6,000 various groups. Due to the escalating violence of Mexico's drug war, a
report issued by the United States Department of Justice characterizes the Mexican drug cartels as
the "greatest organized crime threat to the United States".
DISTINGUISH UNORGANIZED & ORGRANZIED CRIME
Ongoing conspiratorial enterprise engaged in illicit activities as a means of generating income (as
black money). Structured like a business into a pyramid shaped hierarchy, it freely employs violence
and bribery to maintain its operations, threats of grievous retribution (including murder) to maintain
internal and external control, and thuggery and contribution to election campaigns to buy political
patronage for immunity from exposure and prosecution. Its activities include credit card fraud, gun
running, illegal gambling, insurance fraud, kidnapping for ransom, narcotics trade, pornography,
prostitution, racketeering, smuggling, vehicle theft, etc. With the arrival of international terrorism
(with which it often has symbiotic relationship) and internet, organized crime now covers practically
every nation and segment of society, and uses extremely sophisticated methods and credible front-
organizations (such as charities and high-tech firms) in movement of large amounts of money and
weaponry. Called by names such as cartel, mafia, syndicate, and triad, these establishments do not
tolerate competition and constantly fight for monopolization in their specialty (such as drug trade)
or geographical region. They are distinguished from the common (unorganized) crimes by
characteristics such as (1) non-random nature of criminal behavior, (2) coordinated activities of
hundreds or thousands of operatives, (3) diversification of activity (production, supply, retail), (4)
regional, national, or transnational scale of operations, (5) large volume of turnover (running into
billions of dollars in some cases), (6) pursuit of both profit and power, and (7) usually an identifiable
leadership. A 1975 UN definition of organized crime reads, "... large scale and complex criminal
activity carried on by groups of persons, however loosely or tightly organized, for the enrichment of
those participating and at the expense of the community and its members. It is frequently
accomplished through ruthless disregard of any law, including offences against the person, and
frequently in connection with political corruption." Paul Nesbitt (head of Interpol's Organized Crime
Group) defined it in 1993 as, "Any group having a corporate structure whose primary objective is to
obtain money through illegal activities, often surviving on fear and corruption."
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CORPORATE CRIME pg. 54
In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a
business entity having a separate legal personality from the natural persons that manage its
activities), or by individuals acting on behalf of a corporation or other business entity (see
vicarious liability and corporate liability). Some negative behaviours by corporations may not
actually be criminal; laws vary between jurisdictions. For example, some jurisdictions allow
insider trading.
It falls within the domain of the white collar crime that broadly defined as committed within the
course of ones occupation by persons of relatively high social status. But contrast to those white
collar offfences, which is committed by individuals against companies, corporate crimes involve
offences commited by companies or their agents against members of the public, environment,
investors or competitors.
Corporate crime overlaps with:
white-collar crime, because the majority of individuals who may act as or represent the interests
of the corporation are white-collar professionals;
organized crime, because criminals may set up corporations either for the purposes of crime or as
vehicles for laundering the proceeds of crime. The world’s gross criminal product has been
estimated at 20 percent of world trade. (de Brie 2000); and
state-corporate crime because, in many contexts, the opportunity to commit crime emerges
from the relationship between the corporation and the state.
Cybercrime pg 51
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CRIME & PUNISHMENT IN ISLAM
Security and stability are basic human needs, no less important than food and clothing. Without
security and stability, a human being is not able to properly conduct his daily life, let alone come
up with new ideas or contribute to the development of a high level of civilization.
Man has been conscious of the need for security since the beginning of his life on Earth, and he
has continuously expressed his awareness of this need in many ways. With the formation and
evolution of human society, he has expressed this and other needs through the establishment of a
state and the formation of laws. This was accomplished in order to ensure general security, settle
disputes and conflicts that threaten society, and oppose external threats to its security posed by
other nations. The development of these man-made laws did not come to completion except in the
last few centuries as the result of a long process of trial and error.
By contrast, the Law of Islam was sent down to Muhammad, may the mercy and blessings of God
be upon him, in its complete form as part of His final message to humanity. Islamic Law pays the
most careful attention to this matter and provides a complete legal system. It takes into
consideration the changing circumstances of society as well as the constancy and permanence of
human nature. Consequently, it contains comprehensive principles and general rules suitable for
dealing with all the problems and circumstances that life may bring in any time or place.
Likewise, it has set down immutable punishments for certain crimes that are not affected by
changing conditions and circumstances. In this way, Islamic Law combines between stability,
flexibility, and firmness.
From what angle does Islam approach combating crime? What are the principles that the Islamic
penal code is based upon? What are the distinguishing features of this code? What are the
measures that it employs to combat crime? What types of punishments exist in Islam? What are
the objectives behind their being legislated? These are the questions that will be dealt with in the
following pages.
The Islamic Approach to Combating Crime
The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in
this world and the next by establishing a righteous society. This is a society that worships God
and flourishes on the Earth, one that wields the forces of nature to build a civilization wherein
every human being can live in a climate of peace, justice and security. This is a civilization that
allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every
aspect of his being. This supreme objective is articulated by the Quran in many places. God says:
“We have sent our Messengers with clear signs and have sent down with them the book and the
criterion so that man can establish justice. And we sent down iron of great strength and many
benefits for man...” (Quran 57:25)
And He says:
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“…God wants ease for you, not hardship...” (Quran 2:185)
And He says:
“God wants to make things clear for you and to guide you to the ways of those before you and to
forgive you. God is the All knowing, the Wise. God wants to forgive you and wants those who
follow their desires to turn wholeheartedly towards (what is right). God wants to lighten your
burdens, and He has created man weak.” (Quran 4:26-28)
And He says:
“God commands justice, righteousness, and spending on ones relatives, and prohibits
licentiousness, wrongdoing, and injustice…” (Quran 16:90)
Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred
back to universal principles which are necessary for human welfare to be secured. These
universal principles are:
1. The preservation of life.

2. The preservation of religion.
3. The preservation of reason.
4. The preservation of lineage.
5. The preservation of property.
The Islamic penal system is aimed at preserving these five universal necessities. To preserve life,
it prescribes the law of retribution. To preserve religion, it prescribes the punishment for
apostasy. To preserve reason, it prescribes the punishment for drinking. To preserve lineage, it
prescribes the punishment for fornication. To preserve wealth, it prescribes the punishment for
theft. To protect all of them, it prescribes the punishment for highway robbery.
It should therefore become clear to us why the crimes for which Islam for which the Law has
prescribed fixed punishments are as follows:
1. Transgression against life (murder or assault).

2. Transgression against property (theft).
3. Transgression against lineage (fornication and false accusations of adultery).
4. Transgression against reason (using intoxicants).
5. Transgression against religion (apostasy).
6. Transgression against all of these universal needs (highway robbery).
Distinguishing Features of the Islamic Penal System

In the aforementioned principles, Islamic Law and contemporary law coincide, though Islamic
Law has the distinction of being first. However, the Islamic penal system also has unique virtues
and distinguishing features, among the most important of which are the following:
1. The inner deterrent of man’s moral conscience is fully integrated with external supervision.
This is due to the fact that Islamic Law, when dealing with social problems such as crime, does
not rely merely on legislation and external deterrents. It focuses more on the internal deterrent,
placing the greatest emphasis on man’s moral conscience. It endeavors to develop this conscience
within a person from childhood so that he can be brought up with the noblest moral character.
It promises success and salvation for those who work righteousness and warns wrongdoers of an
evil fate. In this way, it stirs up emotions, making a criminal renounce his ways by inspiring him
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with faith in God, hope for divine mercy, fear of divine punishment, adherence to moral virtues,
love for others, and a desire to do good to others and refrain from causing injury and harm.
2. It has a balanced outlook with respect to the relationship between the individual and society.
This becomes clear from the fact that while the Divine Law protects society by legislating
punishments and preventative measures against crimes, it does not marginalize the individual for
the sake of society. On the contrary, its priority is the protection of the individual, his freedom,
and his rights. It provides every safeguard to leave no excuse for a person to have to resort to
crime. It does not set out to punish without first preparing for the individual a situation conducive
to a virtuous and happy life.
Forms of Punishment in Islam

Islamic Law, in confronting the problems of life and setting down solutions for them, is
established on two complimentary principles. These are: the stability and permanence of its basic
tenets on the one hand and the dynamism of its subsidiary injunctions on the other.
For the unchanging aspects of life, Islamic Law brings fixed statutes. For the dynamic aspects of
life that are affected by social development, broadening horizons, and advances in knowledge,
Islamic Law comes with general principles and universal rules capable of being applied in a
number of different ways and in a variety of circumstances.
When we apply these principles to the penal system, we find that Islamic Law has come with
clear texts prescribing fixed punishments for those crimes that no society is free of, crimes that do
not vary in their forms because they are connected with the constant and unchanging factors of
human nature.
Islamic Law confronts other crimes by stating the general principle that decisively indicates their
prohibition, leaving the punishment to be decided by the proper political authority in society. The
political authority can then take the particular circumstances of the criminal into consideration
and determine the most effective way to protect society from harm. In accordance with this
principle, punishments in Islamic Law are of three types:
1. Prescribed punishments
2. Retribution
3. Discretionary punishments
1. Prescribed Punishments
Crimes that fall under this category can be defined as legally prohibited acts that God forcibly
prevents by way of fixed, predetermined punishments, the execution of which is considered the
right of God.
These punishments have certain peculiarities that set them apart from others. Among these are the
following:
1. These punishments can neither be increased nor decreased.

2. These punishments cannot be waived by the judge, the political authority, or the victim after
their associated crimes have been brought to the attention of the governing body. Before these
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crimes are brought before the state, it may be possible for the victim to pardon the criminal if the
damage done was only personal.
3. These punishments are the ‘right of God’, meaning that the legal right involved is of a general
nature where the greater welfare of society is considered.
The following crimes fall under the jurisdiction of the fixed punishments:
1. Theft
Theft is defined as covertly taking the wealth of another party from its secure location with the
intention of taking possession of it.
2. Highway Robbery
Highway robbery is defined as the activity of an individual or a group of individuals who go out
in strength into the public thoroughfare with the intention of preventing passage or with the
intention of seizing the property of passers-by or otherwise inflicting upon them bodily harm.
3. Fornication and Adultery

This is defined as any case where a man has coitus with a woman who is unlawful to him. Any
relationship between a man and a woman that is not inclusive of coitus does not fall under this
category and does not mandate the prescribed, fixed punishment.
4. False Accusation
This is defined as accusing the chaste, innocent person of fornication or adultery. It also includes
denying the lineage of a person from his father (which implies that his parents committed
fornication of adultery). False accusation includes any claim of fornication or adultery that is not
backed up by a proof acceptable to Islamic Law.
5. Drinking
One of the most important objectives of Islam is the realization of human welfare and the
avoidance of what is harmful. Because of this, it “permits good things and prohibits harmful
things.” Islam, thus, protects the lives of people as well as their rational faculties, wealth, and
reputations. The prohibition of wine and the punishment for drinking it are among the laws that
clearly show Islam’s concern for these matters, because wine is destructive of all the universal
needs, having the potential to destroy life, wealth, intellect, reputation, and religion.
God says:
“O you who believe! Verily wine, gambling, idols, and divination are but the abominations of
Satan’s handiwork, so abandon these things that perchance you will be successful. Satan only
wishes to cause enmity and hatred between you through wine and gambling and to prevent you
from the remembrance of God and prayer. Will you not then desist?” (Quran 5:90-91)
6. Apostasy
Apostasy is defined as a Muslim making a statement or performing an action that takes him out of
the fold of Islam. The punishment prescribed for it in the Sunnah is execution, and it came as a
remedy for a problem that existed at the time of the Prophet, may the mercy and blessings of God
be upon him. This problem was that a group of people would publicly enter into Islam together
then leave Islam together in order to cause doubt and uncertainty in the hearts of the believers.
The Quran relates this event to us:
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“A group from the People of the Scripture said: ‘Believe in what is revealed to those who believe
at the beginning of the day, then disbelieve at the end of the day, so perhaps they might return
from faith.” (Quran 3:72)
Thus, the prescribed punishment for apostasy was instituted so that apostasy could not be used as
a means of causing doubt in Islam.
At the same time, the apostate is given time to repent, so if he has a misconception or is in doubt
about something, then his cause of doubt can be removed and the truth clarified to him. He is
encouraged to repent for three days.
2. Retribution
This is the second type of punishment in Islamic Law. This is where the perpetrator of the crime
is punished with the same injury that he caused to the victim. If the criminal killed the victim,
then he is killed. If he cut off or injured a limb of the victim, then his own limb will be cut off or
injured if it is possible without killing the criminal. Specialists are used to make this
determination.
Important Rules Regarding Retribution
1. Retribution is not lawful except where the killing or injury was done deliberately. There is no
retribution for accidentally killing or injuring someone. God says:
“O you who believe, retribution is prescribed for you in the case of murder...” (Quran 2:178)
And He says:
“…There is retribution in wounds...” (Quran 5:45)
2. In the crimes where the criminal directly transgresses against another, Islam has given the wish
of the victim or his family an important role in deciding whether or not the punishment should be
carried out. Islam permits the victim to pardon the perpetrator, because the punishment in these
crimes is considered the right of the victim. Islam even encourages pardon, promising a reward in
the hereafter for the one who does. God says:
“If anyone waives the right to retaliation out of charity, it shall be an expiation for him.” (Quran
5:45)
The pardon can either be to the payment of blood money, a fixed, monetary compensation, or can
be total, where no worldly compensation is demanded. God says:
“To forgive it is closer to piety...” (Quran 2:237)
3. The punishment must be carried out by the government. The family of the victim cannot carry
it out.
The Wisdom behind Retribution:
With regard to Islamic punishments in general, and retribution in specific, we find that they have
two complementary characteristics. The first of these is the severity of the punishment. This is in
order to discourage the crime and limit its occurrence.
The second characteristic is the difficulty of establishing guilt, reducing the opportunities for
carrying out the punishment, and protecting the accused. In this vein, we see the principle that
punishments are waived in the presence of doubt, and that the benefit of the doubt is always given
to the accused. Some prescribed punishments are even waived on the grounds of repentance, as
we can see in the case of highway robbery. This is also seen in the permissibility of pardon in the
case of retribution and the fact that pardon is encouraged and preferred.
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These two elements complement each other in that crime is effectively discouraged, protecting
society, and the rights of the accused are safeguarded by the fact that speculation and accusations
cannot be grounds for punishment, and that the accused enjoys the greatest guarantee of justice
and being spared the punishment whenever possible. Most people will abstain from committing
crime, because of the severity of the punishment, and the punishments for these crimes will rarely
be carried out. In this way, the general security of society and the rights of the individual are
equally realized.
3. Discretionary Punishments
These are punishments that are not fixed by Islamic Law, for crimes that either infringe on the
rights of God or the rights of an individual, but do not have a fixed punishment or a set expiation.
Discretionary punishments are the broadest category of punishments, because the crimes that
have fixed punishments are few in number and all other crimes fall under the scope of this last
category.
They are the most flexible type of punishment, because they take into consideration the needs of
society and changing social conditions. Consequently, they are flexible enough to realize the
maximum general benefit to society, effectively reform the criminal, and reduce the harm that he
causes.
Islamic Law has defined different types of discretionary punishments starting from exhortations
and reprimands to flogging, to fines, and to imprisonment. These discretionary measures are left
to the decision of the legal authorities within the general framework of Islamic Law and the
universal purposes of Islam that balance between the right of society to be protected from crime
and the right of the individual to have his freedoms protected.
The Objectives of the Islamic Penal System

The Islamic penal system has many objectives, the most important of which are as follows:
The First Objective: Islam seeks to protect society from the dangers of crime. It is common
knowledge that if crimes are not countered with serious punishments, then society will be in
grave danger. Islam seeks to make social stability and security widespread, making life in society
secure and peaceful. It has made this consideration a platform for action, legislating punishments
that will discourage crime. This purpose has been articulated by the following verse that discusses
retribution and its effects on society:
“There is (preservation of) life for you in retribution, O people of understanding, that you may
become pious.” (Quran 2:179)
If the murderer, or any other criminal for that matter, knows the extent of the negative
consequences for himself that his crime will cause, he will think a thousand times before
committing it. Awareness of the punishment will cause the criminal to abstain from committing
the crime in two ways. The criminal who has already been subject to the
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punishment will most likely not return to the crime again. As for the rest of society, their
awareness of the effects of this punishment will keep them from falling into the crime. To realize
a general effect from the punishment, Islam has established the principle of publicly announcing
when it will be carried out. God says:
“…A group of the believers should witness the punishment.” (Quran 24:2)
The Second Objective: Islam seeks to reform the criminal. The Quran often makes mention of
repentance in association with the crimes that it deals with, making it clear that the door to
repentance is open whenever the criminal abandons his crime and behaves properly. It has made
repentance a means of waiving a fixed punishment in some instances, like the punishment for
highway robbery. God says:
“…except for those who repent before you take hold of them. Then know that God is the
Forgiving, the Merciful.” (Quran 5:34)
God says regarding the punishment for fornication:

“It they both repent and mend their ways, then leave them alone. Verily, God is the Accepter of
repentance, the Merciful.” (Quran 4:16)
God says after mentioning the punishment for false accusation:

“… except for those who repent afterwards and makes amends, then verily God is the Forgiving,
the Merciful.”
God says after mentioning the prescribed punishment for theft:

“Whoever repents after his wrongdoing and makes amends, then verily God will accept his
repentance and verily God is the Forgiving, the Merciful.” (Quran 5:39)
This objective is seen more frequently with regard to discretionary punishments, whereby it is
incumbent upon the judge to take into consideration the circumstances of the criminal and what
will insure his betterment.
The Third Objective: The punishment is a recompense for the crime. It is undesirable to treat a
criminal lightly who threatens the security of society with danger. The criminal should receive his
just recompense as long as he is pleased with taking the path of evil instead of the path of
righteousness. It is the right of society to be secure in its safety and the safety of its individual
members. The Quran has asserted this objective when mentioning a number of punishments. God
says:
“The thieves, male and female, cut off their hands as a recompense for what they have earned...”
(Quran 5:38)
“The recompense for those who wage violent transgression against God and His Messenger and
who go forth spreading corruption in the Earth is that they should be killed or crucified or that
their hands and feet should be cut off on alternate sides or that they should be sent into exile…”
(Quran 5:33)
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Criminal investigation:
Criminal Investigation is the use of scientific methods to help identify suspects, gather evidence and
collect information (Apprehend) , all of which are done in an effort to convict offenders. The
investigator must be able to construct hypotheses and draw valid conclusions relating to the
problem of when and how the crime was committed. A complete criminal investigation
caninclude searching, interviews, interrogations, evidence collection and preservation and various
methods of investigation. Although the criminal investigation system is a worldwide phenomenon,
each country has their own approach to criminal investigation. Similarly, Pakistan also has its own
system, which mainly consists in Code of Criminal Procedure 1898, Police Rules 1934 and Police
Order 2002.
Principles of Crime Scene Investigation
The key principle underlying crime scene investigation is a concept that has
become known as Locard’s Exchange Principle. It states that whenever someone
enters or exits an environment, something physical is added to and removed from
the scene. This principle is generally summed up by stating:
“The logic behind this principle allows investigators to link suspects to victims, to
physical objects, and to scenes. Any evidence that can link a person to the scene is
referred to as associative evidence. This may include items such as fingerprints,
blood and bodily fluids, weapons, hair, fibers and the like. This type of evidence
answers the question “Who did this?”
While associative evidence links people to the place of the crime, reconstructive
evidence allows investigators to gain an understanding of the actions that took
place at the scene. A broken window, a blood spatter pattern, bullet paths and
shoe prints can all reveal what actually happened. This type of evidence answers
the question, “How did it happen?”very contact leaves a trace.”
28
Interrogation- https://people.howstuffworks.com/police-interrogation1.htm
https://en.wikipedia.org/wiki/Interrogation
Investigation process
The type of activity investigators engage in and the material gathered varies depending on whether
investigations use the reactive or proactive method. However, they all go through similar stages, as
shown in the process of investigation diagram.
Every investigation is different and may require a different route through the process, eg, in some
cases the identity of the offender is known from the outset and the investigation quickly enters the
suspect management phase. In others, the identity of the offender may never be known or is
discovered only after further investigation.
Instigation
A criminal investigation can be instigated using either a reactive or proactive approach.
Reactive investigations can start with:
reports from the general public
referral by other agencies
intelligence links to other crimes (linked series)
re-investigation as a result of new information
a consequence of other police actions.
Force policy guides call takers, public counter staff and patrol officers on the information that they
need to gather and subsequent action to take. When receiving reports, staff should ensure that they
record, retain and reveal all material and pass it to the investigating officer. Investigators should be
familiar with the investigative strategies relating to victims and witnesses, as this enables them to
exploit early opportunities to gather material by questioning the person reporting the crime.
Proactive investigations can start from an intelligence package identifying groups or individuals who
are assessed as being involved in ongoing criminal activity. They are often generated as a result of
the tasking and coordination (T&C) process, and allocated for further investigation. Intelligence
packages may include:
crime pattern analysis
network analysis
operational intelligence assessment
problem profiles
29
market profiles
subject analysis
tactical assessment
criminal business analysis
tactical profiles
Call taker
Initial telephone contact between victims and witnesses with the police service should be regarded
as the start of the investigative process. The call is an opportunity to obtain accurate and relevant
information, collect evidence, ascertain if a crime has occurred and give reassurance and guidance to
the caller, eg, about the preservation of forensic evidence. This
process can be enhanced by the use of scripts, drop-down menus and other prompts which may
assist call handlers to deal with initial reports of a crime (see also material).
Crime screening
The call handler, at the point of initial report, determines the response to a crime. They must decide
whether it warrants the deployment of a response unit, referral to a crime recording bureau, or if it
should be recorded as an incident requiring no further action (NFA)
Initial investigation
Most crimes reported to the police are not major incidents and usually the officer who first attends
is the only resource that is required. This officer may be the investigator throughout the enquiry.
The quality of the investigation, whether carried out in person or over the telephone, is a significant
factor in gathering material that leads to the detection of a crime. There may be limited
opportunities to locate and gather material and it is vital that those who conduct the initial
investigation ensure that material is not lost. Once a crime has been allocated to an investigator, it is
important that they gather material from whoever took the initial report. Investigations should be
conducted thoroughly, and investigators should not assume that a crime cannot be solved or that
someone else will carry out an investigation at a later stage.
Officers initially deployed to an incident are likely to have a number of competing demands placed
on them. These demands include:
dealing with a violent situation
providing first aid and calling for medical assistance
reassuring victims and witnesses
preventing public disorder.
Fast-track actions
These are defined as:
30
any investigative actions which, if pursued immediately, are likely to establish important facts,
preserve evidence or lead to the early resolution of the investigation.
Fast-track actions can be applied to reactive or proactive investigations, irrespective of when the
crime was committed.
The first chance to obtain material may be the last. Identifying these actions during the initial
investigation stage produces the most effective outcome. A delay in protecting, preserving or
gathering material may result in evidence being contaminated or lost.
In larger enquiries SIOs should establish strategies to ensure that new information is brought to their
attention quickly, so that fast-track actions can be taken when they are needed.
Once these immediate priorities are dealt with, officers should plan how best to conduct the
investigation and should consider a number of key factors. Having done so, it is then appropriate to
consider concluding the initial investigation.
Initial investigation factors
The following factors should be considered at the initial investigation:
scene management (identify and preserve)
material (identify other potential evidence sources)
who is the investigating officer?
risk management
what is the limit of the initial attending officer’s role?
communication
record keeping
handover and briefing
community impact
initial fast track actions
investigative interviewing (witness, victim and offender)
initial search (access routes, exit routes, places where offenders are likely to have been).
Officers should call for assistance from supervisors where it appears that a major crime has been
committed, such as homicide or rape. While officers wait for assistance their priorities should be to:
preserve life
preserve scenes
secure evidence
identify victims
identify suspects.
31
Initial investigation conclusion
The initial investigation phase is concluded when a number of actions have been completed. These
include:
the investigator obtaining an account from the victim and any witnesses who are immediately
available (individual force policy will determine whether this a witness statement (MG11), notebook
entry or verbal account)
the immediate needs of victims and witnesses have been met
the crime scene examination has been instigated
all fast-track actions indicated by the material to hand have been taken
all records required by the Criminal Procedure and Investigations Act 1996 (CPIA) and individual
force policy have been made
all intelligence gathered during the initial investigation has been submitted.
Comprehensive records
A comprehensive record of all enquiries completed during the initial investigation enhances the
overall efficiency by:
assisting the investigator to carry out an investigative evaluation
contributing to the intelligence picture of crime in the area
enabling supervisors to assess the quality of the investigation
facilitating the handover of the investigation if it is allocated to another investigator.
Further investigation
Where a crime or intelligence package is allocated for further investigation, investigators should
develop a clear plan for how they intend to bring the investigation to a successful conclusion.
The investigative plan should be based on a rigorous evaluation of the material that has been
gathered to date and should include the following factors:
specific objectives of the investigation – these depend on the unique circumstances of the crime
and the material that has been gathered
investigative strategies that are used to achieve those objectives
resource requirements of the investigation which in many cases is limited to the investigator,
crime scene examination, and forensic analysis of the material recovered from the scene or suspect.
It is part of an investigator’s responsibility to articulate their resource requirement to managers.
In circumstances where the initial investigation and evaluation have led to the identification of a
suspect, and there is sufficient material to justify interviewing the suspect under caution, the
investigation is likely to move straight into the suspect management phase.
Suspect management
32
Where a person is suspected of committing an offence, Guidance 10A of Code C of the Codes of
Practice to the Police and Criminal Evidence Act 1984 requires there to be some reasonable,
objective grounds, based on known facts or information, which are relevant to the likelihood that
the offence has been committed and the person to be questioned committed it.
The identification of a suspect provides an opportunity to use a range of investigative strategies that
focus on that individual.
Case management
Once the suspect has been charged, there are a number of matters which investigators must
manage before a case goes to court. The Crown Prosecution Service (CPS) and police are jointly
responsible for the prosecution of the case after a suspect has been charged.
If further investigative action is required, investigators will liaise closely with the CPS.
Material
Material of any kind, including information and objects, which is obtained in the course of a criminal
investigation and which may be relevant to the investigation; Material may be relevant to an
investigation if it appears to an investigator, or to the officer in charge of an investigation, or to the
disclosure officer, that it has some bearing on any offence under investigation, or on the surrounding
circumstances of the case, unless it is incapable of having any impact on the case.
Sources of material
Criminal investigations must comply with the CPIA. Investigators should familiarise themselves with
the provisions of the Act and the Code of Practice issued under it when making enquiries and
gathering material. Investigators must:
pursue all reasonable lines of enquiry
identify all relevant material (whether or not it is in the investigator’s possession).
A consistent approach and an investigative mindset should be applied whether or not the material
or enquiry points towards or away from the suspect.
Potential sources
Material can be gathered from various different sources. These include:
victims
witnesses
suspects
scenes (which includes scenes of crime, the victim, suspects and their premises)
passive data generators, eg, CCTV, telephone records, banking and credit card records
intelligence databases
communications between the police and experts.
Formats of material
33
Material generated by the offence may present itself in a number of different formats, and the
investigator will aim to gather as much material as possible. However, as the investigation
progresses, the amount of material that will be capable of being used as evidence in court will be
less than that gathered by the police.
Any tangible object could be material. Intangible objects such as sound or images can be converted
and reproduced into a format (eg, video or audio recordings) that can be used as evidence.
Common formats of material include:
statements
documents
reports
physical exhibits
fingerprints
images
audio or video recordings.
Material generated
The amount of material that is generated by a criminal investigation depends on a number of factors
such as:
whether a crime is spontaneous or planned
the offender’s criminal experience
the number of people who know the offender and the victim.
Each crime has a unique mix of material. It is impossible to gather all the material generated by the
offence, but the investigator must gather as much as possible.
Reasonable and relevant enquiries
Reasonable and relevant enquiries depend upon the unique nature of the incident under
investigation. If there is dispute over what is believed to have taken place, it may be a reasonable
line of enquiry to locate further witnesses or to recover relevant material which may have been
identified from a search or forensic examination. Material includes verbal information which is due
to be recorded.
What an investigator considers reasonable or relevant may need to be justified later. It is, therefore,
essential that they record their decisions and supporting rationale.
When investigators conduct reasonable enquiries and gather relevant material, it is important that
they remember the following points:
Review – consider further relevant lines of enquiry or more relevant material
Record – keep a log of material and enquiries made
34
Retain – keep material in a durable format and/or copy
Reveal – if a prosecution takes place the relevant material will be scheduled for the prosecutor.
Towards or away
In conducting an investigation, the investigator should pursue all reasonable lines of enquiry,
whether these point towards or away from the suspect (Code of Practice to the Criminal Procedure
and Investigations Act 1996 s.3.5).
What is reasonable in each case depends on the particular circumstances. For example, where
material is held on a computer, the investigator must decide which material it is reasonable to
enquire into and in what manner.
Example
If four out of five witnesses report that the suspect was in a red car and the remaining witness’s
report contradicts this, the investigator should not assume that the majority are right and must
investigate further to ascertain the exact colour of the suspect’s car.
Investigators should expect to be challenged by the defence in relation to the enquiries that were
made to ascertain any discrepancies in statements.
Relevant material
The golden hour principle will assist investigators to maximise the quantity of relevant material
gathered. However, it is not always possible to collect all of the material generated by the offence as
some:
physical evidence may be lost or destroyed
witnesses may not be traceable
material is known only to the offender, who does not reveal it to others.
Determining relevance
To determine whether material or enquiries are relevant to the investigation, investigators need to
ask ‘does this have the capacity to impact on the case?’
In the early stages of an investigation, it may be difficult to determine what is or is not relevant,
what happened in the case or what the issues are likely to be.
Officers should not confuse relevance with the test for disclosure.
Example of relevant material
The identity or identification of a suspect may no longer be an issue and so the material held
regarding this line of enquiry may no longer be relavant. This could include CCTV footage which was
held in the hope of identifying a suspect in the vicinity.
In some circumstances the CCTV footage might still be relevant for other reasons, therefore,
investigators have to justify its retention to themselves and others.
If investigators are in any doubt about the relevance of material, they should seek advice from line
managers or the CPS or review the NCALT e-learning package Fair Investigations for Fair Trials.
35
Source of information: APP
What is Criminal Investigative Analysis?
Criminal Investigative Analysis (CIA), also known as criminal profiling, is an investigative tool used
within the law enforcement community to help solve violent crimes. The analysis is based on a
review of evidence from the crime scene and from witnesses and victims. The analysis is done from
both an investigative and a behavioural perspective. The analysis can provide insight into the
unknown offender (characteristics and traits) as well as investigative suggestions and strategies for
interviews and trial.
A CIA cannot replace a thorough investigation; and the accuracy and detail of a CIA is limited by the
accuracy and detail of the information on which it is based. CIA does not use crystal balls or psychic
experiences; it is a logical, systematic approach for analyzing behaviour.
CIA services can assist in the investigation oCIA services can assist in the investigation of
interpersonal violence, particularly homicide and sexual assault cases. CIA is suitable for single-
incident or serial cases with one or more victims, including:
homicides;
kidnapping, including infant kidnapping;
sexual assault;
child molestation and abuse;
hostage taking;
bombings;
arson;
threat cases; and
extortion.
CIA analysts are experienced investigators with extensive training in behavioural analysis. They have
been certified by the International Criminal Investigative Analysis Fellowship to provide analyses of
criminal behaviour.
Consulting Services
The consulting services that CIA analysts offer to criminal investigators include the following areas:
Personality Profile: This is a detailed behavioural analysis to derive information about an unknown
offender. The analyst examines information about the victim and the offence to determine the
characteristics and traits of the offender. Such a personality profile may allow those involved to
recognize someone as a possible offender. Based on the analysis, the analyst can usually offer
suggestions for further investigations.
Indirect Personality Assessment: This is an assessment of a known individual believed to be

responsible for committing a violent crime. The assessment, based on an evaluation of the
individual's personality, can help to determine:
36
whether or not the suspect's personality fits the crime under investigation;
suspect's strengths, weaknesses and areas of vulnerability ;
interview techniques appropriate for the suspect;
strategies for a successful undercover operation;
strategies for negotiating successfully with a hostage-taker;
strategies for investigating offenders of sexual homicide or serial rape, particularly to elicit
predictable actions on the part of the offender; and
most appropriate trial and courtroom strategy.
Equivocal Death Analysis: This is an in-depth crime scene reconstruction undertaken to provide an
opinion on the manner of death: homicide, suicide, accidental death, death by natural causes, or
death by misadventure. This is generally done in conjunction with a psychological autopsy.
Assessment of Threat or Extortion Communications: The analyst examines a threat or extortion

communication for content and stylistic characteristics in order to assess the validity of the threat
and the level of risk to the victim and suggest ways to minimize the risk to the victim. In some cases
it is possible to provide a profile of the unknown author or caller.
Consulting to Provide Expert Analysis: This service is provided to help investigators focus and fine
tune interview techniques, develop investigative strategies including undercover operation
strategies, and develop an appropriate trial and courtroom strategy. A CIA analyst can provide
services such as:
crime scene reconstruction;
expert evidence/reports to coroner's inquest;
expert opinions for use in search warrant and privacy act applications;
expert evidence/reports regarding the 'signature' of serial violent offenders;
analysis of stalking cases;
research on unusual areas of expert examination;and
consultation on media strategy and releases.
Requesting Criminal Investigative Analysis Services
CIA services should be requested early in the investigation in cases where the crime is one of
interpersonal violence, where most investigative leads have been exhausted or where special
circumstances exist.
Canadian and international police services can contact the RCMP to request the services of a
criminal investigative analyst. These services are limited to our policing partners.
How to become a Criminal Investigative Analyst
To become a Criminal Investigative Analyst (CIA) in Canada, you must have extensive policing
experience working sexual assault and homicide investigations. You must possess a knowledge of
37
crime scene investigation and police procedures regarding interviewing, interrogation, and forensic
pathology. Currently the only three police forces in Canada that have CIA positions are the RCMP,
the Ontario Provincial Police (OPP) and the Quebec Provincial Police (QPP).
While a University degree is not required to become a CIA, it does not hurt to have a knowledge of
the studies done in fields of psychology, criminology, and other disciplines as they relate to
offenders, victims, geography and so on.
There are several non-police persons, academic or otherwise, who claim that policing is not required
to be a Criminal Investigative Analyst. However, any analysis done without an understanding of
offender/victim interaction, and how it can be reflected in a crime scene, misses a key component
for doing a complete analysis. Cases are typically referred by other police agencies, who will not
typically disclose sensitive information to those without proper clearances for investigational and
prosecutorial reasons. Details of a case are guarded and the only way to access the specifics of a
case are by invite from the investigators, therefore access is limited to police investigators only.
Source of this information : Royal Canadian Police
Juvenile delinquency- Print page 127- 151 from Mohsin razas notes.
Juvenile delinquency
Juvenile delinquency, or offending, can be separated into three categories:
• delinquency, crimes committed by minors, which are dealt with by the juvenile courts and
justice system;
• criminal behavior, crimes dealt with by the criminal justice system;
• status offenses, offenses that are only classified as such because one is a minor, such
as truancy, also dealt with by the juvenile courts.[6]
According to the developmental research of Moffitt (2006),[4] there are two different types of
offenders that emerge in adolescence. One is the repeat offender, referred to as the life-course-
persistent offender, who begins offending or showing antisocial/aggressive behavior in
adolescence (or even in childhood) and continues into adulthood; and the age specific offender,
referred to as the adolescence-limited offender, for whom juvenile offending or delinquency
begins and ends during their period of adolescence.[5] Because most teenagers tend to show
some form of antisocial or delinquent behavior during adolescence, it is important to account for
these behaviors in childhood in order to determine whether they will be life-course-persistent
offenders or adolescence-limited offenders.[5] Although adolescence-limited offenders tend to
drop all criminal activity once they enter adulthood and show less pathology than life-course-
persistent offenders, they still show more mental health, substance abuse, and financial
problems, both in adolescence and adulthood, than those who were never delinquent
38
Suggestions for Solution of Juvenile
Delinquency in Pakistan
Suggestions as well as Remedies
1. We can control over population by increasing our income and popularizing population
planning in our society. It is very much unfortunate that inspire of our best efforts we have
not been able to have substantial results of population planning. This system is unique and it
can work very well as it has very successfully been executed in our brother Muslim country
Indonesia so fault is in between the lines. We should try to find out the weak point of this
system. I am sure that must be in the implementation and not in the system by itself. Once the
trend is set then the problems of over-population can be solved easily.
2. Politics and especially party-politics in educational institutions have given a great damage
to all of us. Students instead of seeking knowledge turn to the vested interests of politicians
and ruin themselves. Students must be kept away from the active politics. This would enable
us to keep them on right track.
3. Films, TV, VCR, Radio, Magazines, Journals and Press can play a dominating role in
revolutionizing the society and easily bring about a very healthy change soon. These are very
powerful Medias and have a far reaching influence over the public.
4. Child-labour must be prohibited by the state very strictly. Child-labour is one of the factors
which ultimately lead them to juvenile delinquency. State should take the responsibility of
loading and boarding of the orphans so that they may not indulge in this evil.
5. Such customs, traditions which are in no way useful for the society must be discouraged
and cut-down. It should also be the prime duty of the parents that they should not impose
their will on their children unnecessarily. Rather the will of the children if correct must be
respected.
6. Play and play-grounds must be increased in almost all the big cities of Pakistan so as to
make our youth sound and healthy. Today in the whole of world games have taken a shape of
modern science and no country can thin of avoiding it.
7. Psychology is that branch of science which deals with mental problems of human beings.
Both here in Pakistan we have not given this subject its proper place. Thus we are unable to
understand the inner problems of a child. Children at various stages need psychotherapy. We
can learn all this when we study psychology in detail.
8. In our country there is a lack of marital adjustment. It will not be out of point here that at
least 50% marriages which take place are without mutual consent or even mutual
understanding. With the result they fail very soon and create many problems for their
innocent children. There is no doubt in it that it all happens due to the lack of information and
un-education. Moreover, the people of the rural areas are still under the yoke of old customs
and traditions which add more to their problems.
9. It is the utmost duty of the government to provide basic facilities of life to the “Karachi
39
Abadis” so as to make their living convenient for them. This would certainly curtail the rapid
growth of juvenile delinquents in such areas.
10. Finally I may request those parents, who for the sake of earning more money leave their
families behind in lurch and go abroad while doing so they actually loose their families
permanently. Their children feel unprotected and unchecked. They become an easy prey to
the evils of society. Our younger generation is our future. Are we ready to sacrifice our future
just for the sake of few chips? This question needs your attention.
Juvenile justice in Pakistan

From Wikipedia, the free encyclopedia
Jump to navigationJump to search
Juvenile justice in Pakistan deals with crimes committed by Pakistani children. The minimum
age for criminal responsibility in Pakistan is seven years[1]. According to a SPARC report
published in 2012 there were 1500 to 2000 juveniles (under-18 children) imprisoned in
Pakistan.[2] This figure, however, excludes thousands of under trials whose number is
unknown.[3] Anees Jillani opines that one of the reasons for the large number of children coming
into conflict with the law is the low age of criminal responsibility, which is seven years under
section 82 of the Pakistan Penal Code 1860 (No XLV) Additionally, section 83 of the Pakistan
Penal Code says that nothing is an offense which is done by a child above seven years of age
and under the age of twelve, who has not attained sufficient maturity of understanding to judge
the nature and consequences of his or her conduct on that occasion.[4]
In July 2000, the then government under General Pervez Musharraf enacted the JSSO (Juvenile
Justice System Ordinance 2000)(No XXII),[5] according to SPARC(2001) its implementation is
incomplete..[6] A survey of juvenile prisoners lodged in 51 jails in the four provinces of Pakistan
exposed most degrading conditions. Hardly any facilities existed for rehabilitation and often the
punishment was too severe for the crimes committed. Most of the incarcerated children were
found to be under-trials. Under-trial prisoners failed to obtain release on bail as their poverty
prevented them from furnishing sureties.[7]
Juvenile Delinquency in Pakistan

• By PDP Initiatives
• | July 3, 2015
• | Juvenile Justice System
The intensity and severity of juvenile delinquency is generally determined through the
prevailing socio-economic and cultural conditions in any country. The juvenile
delinquency is directly related to the economic decline in any society. [1]Young people
who are at risk of becoming delinquents often live in difficult circumstances. [2] The
transition from childhood to adulthood is coupled with sheer challenges which the
juveniles may have to face in the form of difficult living conditions, poverty, lack of
education, broken families, weak state institutions, persistent unemployment, low
income etc. The UN guidelines for the prevention of juvenile delinquency assert that
40
youthful behavior or conduct that do not conform to the overall social norms or values
is often part of the maturation and growth process and tends to disappear
spontaneously in most individuals with the transition in adulthood.[3] Available data
shows that delinquency and crime have strong gender associations. The rate of male
juveniles is double than that of female juvenile offenders and the conviction rate
among male juvenile offenders is six to seven times higher than in female juvenile
offenders.[4]
The juvenile delinquency is a global phenomenon and is on the rise indiscriminately in
developed and developing countries. In Pakistan, juvenile delinquency is also rising
and needs immediate and holistic attention. There is a juvenile specific legal
framework in Pakistan which was promulgated in the year 2000 and termed as
Juvenile Justice System Ordinance (JJSO) 2000, which lays down the foundations
and guiding principles to deal with the juvenile offenders. This ordinance entails some
strong provisions concerning juvenile offenders yet there is more, which needs to be
included to make it a holistic and complete framework for juvenile delinquents. It has
been nearly 14 years for the law to be enacted, but still, its implementation bears
question marks, which needs serious attention by the government.
There are approximately 1500 juvenile offenders languishing in the prisons of
Pakistan, and in majority of places, they are accommodated in the prisons with the
adult criminals, which bleaks their future prospects for becoming a good and
productive citizen upon their release from the prisons, rather they dwell into the dark
world of crime even more and transforming into a professional criminal. The issue of
juvenile delinquency is an interconnected and intricate phenomenon, which requires
holistic and well coordinated approach covering all its aspects from prevention through
control to rehabilitation of the juvenile offenders for their positive and productive role
into the society. Focusing on one aspect while neglecting others may hinder the
sustainable solution and will further increase the depravity of the situation.
Blaming the government is very simple on its short comings, and while doing so, one
often ignores the role of society at large, in preventing juvenile delinquency. Although,
the prime responsibility to protect the rights of the juveniles lies with the government
or the state, however, in order to address such issues in a sustainable way requires
concerted efforts by all the stakeholders involving government, civil society,
community and individuals. The mere enactment of legislation /legal framework to
protect the rights of juveniles is not enough, rather development of juveniles and youth
oriented social policies, provision of enabling environment, promotion of family and
cultural values, engagement of juveniles and youth in positive community based
activities, accessible education, including continuing education, available vocational
training, improved employment and income opportunities, effective use of mass media
to deglamorize and disfavor aggression, crime, violence and delinquency and more
must be taken into account while addressing the juvenile delinquency.
The need for establishment of borstal institutions to rehabilitate the juvenile offenders
is imminent across the country and that must be managed by juvenile sensitive borstal
manuals instead of the regular jail manual governing the management and regulation
of borstal as in case of borstal institutes in the province of Punjab. The government
along with the civil society and public private partnership must initiate a nationwide
extensive campaign sensitizing the community about juvenile delinquency and the
41
rights and the responsibilities of the society and the juveniles in order to prevent the
vicious phenomenon of juvenile delinquency. Pakistan is facing an ongoing militancy,
particularly in its frontier region, which adds to the vulnerability of its youth and
juveniles, who stand greater chances of being recruited by the militant groups in the
name of religion to fulfill their vile interest. This calls for an immediate and a thoughtful
response by the government and the society alike, to safeguard our youth, the future
of our country from the clutches of militancy, crime and delinquencies.
This is about time, that we stand united against juvenile delinquency, as a nation and
support and move the government to take necessary steps, not only in the form of
comprehensive and encompassing legislation addressing juvenile delinquency, but
also developing social policies, sensitizing general public on how to cope with this
challenge, improve the educational curriculum to promote social and communal
values, shun negative and hostile competitiveness, and provision of avenues for young
to utilize their energies in the positive social and community development activities.
The government must also establish borstal institutes at district level so that the
juveniles can stay close to their families who don’t feel financially burdened to visit
their children in far off distant places. The government must also engage the civil
society, media and academia to promote volunteerism among our youth, which would
provide a positive direction to their youthful energies and ambitions and also contribute
in the positive social development. An effective implementation of the law requires
capacity building and sensitization of the operatives involved in efficient
implementation of the law. The government must display determined political
commitment towards the effective implementation of the juvenile justice ordinance in
its true letter and spirit and also invest in capacity building and training of the staff
involved with juvenile offenders. Together, we can make an enabling Pakistan for our
juveniles to become productive youth and valuable human capital for Pakistan.
United Nations, World Programme of Action for Youth to the Year 2000 and Beyond,
[1]
adopted by General Assembly resolution 50/81 of 14 December 1995.
[2] United
Nations, “Report of the Tenth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, Vienna, 10-17 April 2000” (A/CONF.187.15).
[3]United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh
Guidelines), adopted and proclaimed by General Assembly resolution 45/112 of 14
December 1990, available at
http://www.oijj.org/sites/default/files/documental_450_en.pdf Accessed on 7
December 2014.
Germany, Federal Ministry of the Interior and Federal Ministry of Justice, “First
[4]
periodical report on crime and crime control in Germany”
OP-ED
Juvenile delinquency in PakistanAsim

Rafique
42
SEPTEMBER 15, 2017
The juvenile justice system was introduced in the state of Illinois for the first time in 1899.
Since 1995, the ratio of juvenile crime in the various countries of Eastern Europe have
increased by more than 30 percent regarding drug abuse and alcohol consumption.
According to “The Juvenile Justice System Ordinance, 2000” a ‘Child’ means a person who
at the time of the committing of an offence is not yet eighteen years old. This law also
provides protection to accused children from the death penalty. The word “delinquency” has
been extracted from the Latin word ‘delinquere’ which means to leave or to abandon.
Juvenile delinquency is the beginning of criminal elements in the society. Children of every
state are known as its backbone. Every country or state should take care of its youth as it is a
natural resource to recognize, establish and develop the state. Likewise, increase in the
literacy rate of juveniles is an important factor for development. To reduce the rate of
delinquency it is necessary that juveniles are the priority of the country.
To reduce the rate of delinquency it is necessary that juveniles are considered priorities in
the country
Juvenile justice in Pakistan deals with crimes committed by Pakistani children. The minimum
age for criminal responsibility in Pakistan is seven years. Section 83 of the Pakistan Penal
Code 1860 also protects the rights of children. There are various causes of juvenile
delinquency namely; parental alcoholism, poverty, breakdown of the family, overcrowding,
abusive conditions at home, death of parents during armed conflicts, unemployment,
injustice, absence of appropriate laws, gambling, running away from home, lack of attention
by elders, addiction, peer pressure, illiteracy, electronic media, and discord between siblings
count as a few.
According to report of Society for the Protection of the Rights of the Child (SPARC) 2012,
there were 1500 to 2000 juveniles imprisoned in Pakistan and under trial that are not included
in this figure. In Punjab province, there are just 2 juvenile jails one in Faisalabad and one in
Bahawalpur which are insufficient for the number of juvenile criminals in the country.
Offenders are not born but are produced by the society. Children are known as the future
leaders of a state. Poverty and illiteracy are the main causes of juvenile delinquency.
In order to reduce the rate of juvenile delinquency in Pakistan, it is essential to take some
measures, such as the elimination of family conflicts. However, the state should give
provisions to avoid overcrowding, the state should provide job opportunities, ensure justice or
give justice which can reduce delinquency, legislatures should be legislated effectively and
the state should ensure its strict implementation. Parents and elders should pay attention to
their offspring. Literacy rate should be increased by providing free education. Discrimination
against juveniles should be finished and electronic media should not display criminal
activities through their channels.
43
Delinquency and Juvenile Justice
System in Pakistan
February 23, 2017 7:22 pm by Qadeer Ahmed
Juvenile delinquency is a problem currently affecting the population and
societies round the globe. Understanding the juvenile delinquency is
important for the masses in order to know what really it is and how to react to
it.
A widespread, continuous and chronic behavior by a psychologically identified

deviant group, threatening general well being of society, is termed as antisocial
behavior. Antisocial personality is thus an individual with traits which
consequently prohibits him performing as normal being in a society. Juvenile
delinquency, also known as juvenile offending is actually a bio-psycho-social
phenomenon.
Legally speaking, the definition differs cross countries. European Union terms
a child as delinquent if his breach of penal code affects society in general,
while in USA, a minor can be accused to be delinquent if he shows antisocial
behaviors, like consumption of drugs, disobedience of parents and smoking in
institutions etc.
Hence juvenile delinquency is a minor’s participation in committing a crime

before the statutory age of maturity. Statutory age of maturity again, differs
from country to country and even region to region within a single country.
Causes of juvenile delinquency can be rooted to the aspects of economic, social

and biological situations of society and individuals. Poor economy, increased
rate of inflation, lack of jobs and scarcity of basic necessities can be a cause of
deviant behavior in children.
On the other hand, psychological stresses, conflicts between parents, single

parenthood, bad school environment and teacher’s torture may also induce
delinquency in child. Additionally, the raised level of serotonin in brain has
been proved a major cause of juvenile recidivism among minors.
Unfortunately, Pakistan is among countries where child delinquency rate is

relatively high. What make the situation more critical is that out of Pakistan’s
population of 200 million, half or about 49% are under the age of 18. Among
them, 22% are adolescents of age 10-18.
44
More than four million children are engaged in child labor according to an
estimate. Which means, such a high number of children are susceptible to
being exploited and are at risk of being delinquent.
Surprisingly, Pakistan lacks a clear cut difference line between juvenile

criminals and adult culprits, in practice. Fundamental difference between
juvenile justice system and criminal justice system is that the earlier system
rehabilitates delinquents and the later is a system of retribution against adult
criminals.
Juvenile crimes are relatively high in urban areas, particularly in Lahore and
Karachi because of amalgam of different economy classes which consequently
increases class conflict. Poorest to richest difference urges will of crime
committing among youngsters.
Following CRC in 1990, government of Pakistan promulgated the “Juvenile

Justice System Ordinance 2000, (JJSO 2000),” This was provided for the
protection of juveniles involved in criminal litigations. It was proved a step
forward and promulgated immediately. The statuary age in Pakistan is
furnished as seven to twelve.
Juvenile between age 7-12 lies responsible if he/she realizes what he/she has
committed, otherwise up till 12 minor falls under the category of juveniles.
Contrarily, Hadood Ordinance establishes separate age of maturity for men
and women, i-e 16 for females and 18 for males.
Additionally, it also refers an individual as mature if he/she reached to age of

puberty. Under the Hadood Ordinance, juveniles were sentenced to capital
punishments even of the age below twelve. On the other hand, according to
“society for the protection of rights of the child, (SPARC)” in PATA and FATA
where there are no normal courts, juveniles are not treated under JJSO 2000.
Moreover, in Pakistan juveniles are reported to be harassed by police officers.

Still there are no rehabilitation centers established separately for delinquents.
Though in Karachi and Lahore some reforms are introduced but its need of
hour to spread them to all districts. Juvenile offenders are even kept with
adult criminals. Researches showed that delinquents if accompanied adult
offenders, repeat crime litigation after release.
Along with governmental reforms, as an individual of society it’s our social

responsibility to work for the welfare and rehabilitation of these juvenile
delinquents. There must be campaigns to make masses aware about the
delinquency and the ways how to react it. Parents, teachers, and all
responsible must be informed and furnished clear-cut concept of juvenile
delinquency and factors causing criminal recidivism.
45
Juvenile offenders make 10pc of current
death row population, report finds
Jamal ShahidUpdated February 18, 2017
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ISLAMABAD: At least 10pc of the current death row population consists of juvenile offenders, a report
on the juvenile justice system launched on Friday has found. In addition, it revealed that is unclear
whether the juvenile justice ordinance applies to anti-terrorism legislation, and that over 60pc of
government-issued identification documents are deemed unreliable by courts, making it impossible for
defendants to provide their age.
The report, titled ‘Death Row’s Children – Pakistan’s Unlawful Executions of Juvenile Offenders’ was
prepared by the Justice Project Pakistan (JPP).
The fundamental weaknesses of the country’s juvenile justice system, including inadequate legislative
protections, scant birth registration and a lack of age determination protocols have led to countless
juveniles being sentenced to death and executed, it said.
The report is dedicated to Aftab Bahadur, whose photograph is on its cover. Bahadur was executed last
year after being convicted of murder.
ARTICLE CONTINUES AFTER AD

Pakistan has enacted legislation, specifically the Juvenile Justice System Ordinance 2000, which prohibits
the sentencing and imposition of the death penalties against anyone who commits a crime before turning
18 – otherwise known as juvenile offenders.
Report on executions of juvenile offenders was launched on Friday
But, the report said, since its enactment the ordinance has been marred by a lack of implementation and
political will, and successive government have failed to fulfil its provisions.
The report found that at least 10pc of the current death row population consists of juvenile offenders –
around 800.
JPP’s analysis found that due to a lack of age determination methods, where age is assessed simply by
physical appearance and not medically, judges do not follow a consistent pattern in adjudicating
juvenility pleas.
46
Contrary to international standards, the benefit of the doubt is never accorded to the suspect, and judges
inevitably rely upon whatever evidence does not favour the suspect.
Lawyers and human rights activists at the launch were also informed that identification documents issued
by the National Database and Registration Authority (Nadra) were not accepted by courts to determine
age. According to the report, over 60pc of government-issued identity documents were deemed
unreliable by courts, making it impossible for defendants to prove their age.
However, the report said, what is more worrying is the lack of clarity on whether the ordinance applies to
anti-terrorism legislation.
Under section 32 of the Anti-Terrorism Act, the act is granted overriding effect over all laws currently in
force.
Participants at the launch were also informed that despite flagrant violations of Pakistan’s international
legal commitments, state representatives insist that juvenile offenders are accorded their rights.
Speakers noted that in May last year, the Pakistan delegation told the United Nations Committee on the
Rights of the Child that “no child has been awarded [the] death penalty and no defendant is currently on
death row”.
According to JPP’s report, the executions of Aftab Bahadur – accused of murdering a woman and her two
children, Shafqat Hussain – accused of murdering a seven year old, Ansar Iqbal – accused of murdering a
neighbour, Mohammad Sarfraz – convicted of murder and sentenced, Faisal Mehmood and Mohammad
Amin – also convicted of murders, all juveniles at the time of arrest and later hung to death, prove this
claim to be false.
All the convicts were hung recently, after Pakistan lifted a six year de-facto moratorium on the death
penalty in December 2014.
The report says that Bahadur was 15 when he was arrested in 1992 and was hung in 2015, after 23 years
in prison. Iqbal was convicted at the age of 14 and executed 29 years later, in 2015. Sarfraz was 17 when
convicted and executed in 2016 after 22 years on death row.
Mehmood was convicted at the age of 15, and Hussain was convicted at the age of 14 – both were
executed in 2015.
The key speaker at the launch, MNA Asad Umer, said: “Below a certain age, you cannot be held
accountable for the decisions that you make. Death penalty has to be exercised with extreme caution,
given how deeply flawed Pakistan’s criminal justice is.”
Commenting on the lack of retrospective force of the presidential notification for the ordinance, Mr
Umer expressed shock that a legally binding presidential order was being violated.
Senator Farhatullah Babar said the issues highlighted in the report posed an urgent need to address the
low rates of birth registration and implement age determination protocols.
Giving examples of the “broken down” criminal justice system, Mr Babar recalled the case of two
brothers who were acquitted by the Supreme Court a year after they were executed.
47
Mr Babar added that the number of crimes punishable by death – there are currently 27 – should be
reduced.
Published in Dawn, February 18th, 2017
Empirical Analysis of Juvenile Crime in Punjab, Pakistan Khalid Mahmood and Muhammad Asghar
Cheema Faculty of Agricultural Economics &Rural Sociology, University of Agriculture, Faisalabad-
Pakistan
Introduction
Juvenile Delinquency has become a global epidemic and is spreading in developing and developed
societies in both organized and semi-organized manners. In any civilized society, the criminal justice
system has the highest premium as it guarantees the rule of law and fair play to its citizens. In fact,
economic growth is unthinkable in a country where there is civil strife and fear for one’s life and
property (Khan, 1997). The delinquent person is guilty of antisocial conduct, perhaps less serious
than criminal of misconduct. The other cited factors responsible for juvenile delinquency are: broken
homes, delinquent community environment, bad company of peer/ school group, slums with
criminal neighborhood, poverty, and unemployment (Auolakh, 1999). In Pakistan, money, land,
sexual assault, illiteracy, honor killing, old enmity, and drug are the main factors causing juvenile
delinquency. The recent emergence of militancy “deeni madras” (religious education institutions)
has further exacerbated the situation. These institutions impart instruction in militancy and sectarian
hatred to young persons below eighteen years of age. The Cyber Net has developed tendency of
gang wars among the youth of both developed and developing nations and Pakistan is no exception
in such delinquencies (Nadeem, 2002). The dearth of scientific literature on crime, especially juvenile
delinquency in Pakistan is attributed to the lack of relevant data (Usmani, 1978). In the light of above
discussion, it seems imperative to make a serious beginning to address serious social problems
Juvenile delinquency is becoming a serious social taboo. The social dimension of the problem has
serious repercussions on the moral and social fabric of the society. The family unit is tearing apart
and parents are generally worried about the future of their offspring’s. Furthermore, the surge of
sectarian violence especially among teenagers has further exacerbated the growing evil of youth
delinquency. Thus, if the increasing trend of youth delinquency is unabated and un-noticed, this will
further create socio-economic problems of stunning proportions. Therefore, there is a dire need to
undertake a study in order to identify the casual factors of Juvenile Delinquency and suggest
remedial measures to arrest its fast growing trends. The study will be useful for the policy makers,
law enforcing agencies and civil society.
Recommendations
o The community environment should be hospitable having educational and recreational facilities. o
Public awareness regarding juvenile behavior, parent’s attitude, and juvenile friendly atmosphere
must be provided through electronic and print media. o Thrust on poverty reduction should be a top
priority to remove such social evils from the society. o The information mass media must be
regulated in order to avoid displaying objectionable materials.
48
Philosophical Approach to Juvenile Justice
Written by: JWT Desk on September 12, 2017.
When minors commit a crime, should they be punished like adults? Should minors be punished lightly
or not at all for children under the age of 10, regardless of the severity of the crimes committed?
John Stuart Mill extended the applicability of his doctrine only to humans with mature faculties.
Expecting the same maturity and behaviour standards from children as adults would be like treating
“unequals” as equals.
On the other hand, it is also likely that Mill would advocate for reformation of the law. Likewise Jeremy
Bentham, the father of utilitarianism, may contend that the punishment must fit the crime because
human beings are calculative animals, capable of gauging their own pleasure versus pain. Based on
his penal theory, derived from classical criminology, the relevant laws should be enforced on a quid pro
quo basis hence circumstances, such as mental state, age and repeat offending should be ignored by
assuming equality of offence and offenders.
John Rawls’ distributive justice theory portends that justice can only be upheld when all people are in
an original position of equality. Behind a veil of ignorance, we do not know whether we will be born in a
harsh environment, predisposed to commit crimes. Such uncertainty will lead us to favour a social safety
net to protect ourselves from risky situations. Based on this notion, people would agree to a juvenile
justice system.
On the other hand, libertarians would be dead set against Rawls’ argument since they believe in a
laissez-faire, free market, where the state’s role is kept to a minimum.
Aristotle, who founded the idea of virtue and polis, fervently believed that social order can only be
maintained when there is an authority figure. Aristotle lived under the influence of the Spartan
Constitution, which stated that all people were owned by the state. Thus the very concept of the juvenile
law, which acknowledges that each minor has individual rights, breaches the constitution. The state
controls the constitution, which in turn, shows citizens how to live as good citizens.
For Aristotle, justice means giving people what they deserve since he believed that it was possible to
reason about the purpose of social institutions.
In the case of Pakistan, the Juvenile Justice System Ordinance (JJSO) is a landmark legislation. It was
promulgated on July 1, 2000. However, the JJSO has yet to be effectively enforced, leaving much to
be desired in terms of how children accused of committing crimes are treated by the authorities and in
terms of supplemental efforts made to prevent juveniles from becoming repeat offenders and serious
49
offenders. The JJSO is a progressive law, and a few steps by the government could help implement it
in letter and spirit throughout the country, including Fata.
Under the JJSO, every child who comes in contact with the law is entitled to free legal aid at the state’s
expense but due to a lack of budgetary allocation for the purpose, it has resulted in a child being unable
to get legal provision. Both the federal and provincial governments should take necessary steps for
setting up exclusive juvenile courts and designated juvenile judges, establish borstal institutions and
provide free legal aid at the state’s expense as per the Ordinance. Such comprehensive system will not
only provide punitive measures to deal with children who break the law, but can also help turn young
offenders away from a life of crime.
Probation + parole:
The neglected probation system

By Arshad Mahmood
Published: February 9, 2016
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The writer is a human rights activist and development practitioner with a Masters in Human Rights from the London
School of Economics. He tweets @amahmood72
There are approximately 90,000 people incarcerated in the prisons of

Pakistan including men, women, juveniles, minors with their mothers
and so on. All provinces are faced with the problem of overcrowded
prisons. In Punjab, for example, with a capacity to house 21,527
inmates, there were 51,133 prison inmates, including 745 juveniles, by
the end of September 2015. A staggering 34,860 or 70 per cent of these
inmates were under trial. The staff strength of the Prisons Department
is around 17,795, with a total sanctioned budget of Rs7.5 billion for the
financial year 2014-15. In addition, there were 23,395 probationers in
the province, including 22,974 male, 300 female and 105 juvenile, as
well as 575 male and one female parolee. The Probation and
Reclamation Department in Punjab has 95 officers, including one
director, five deputy directors, 14 assistant directors, 55 male
probation officers, two female probation officers, 15 male parole
officers and five female parole officers. The sanctioned budget for the
department was Rs116.078 million for financial year 2015-16. This
50
shows that with only 1.54 per cent budget as compared to the Prisons
Department, the Probation Department is taking care of 45.75 per cent
of the prison population of the province.
Similarly, in Khyber-Pakhtunkhwa (K-P) around 10,000 prison inmates

occupy the space for 8,285 prisoners with almost 70 per cent under
trial, including 274 women and 395 juveniles. The staff strength of the
Prisons Department in K-P is 4,049, with an annual budget of Rs1,268
million for 2014. The total non-salary expenditure during the year was
Rs599.62 million. There are approximately 2,000 probationers and 25
parolees at the K-P Probation and Reclamation Department, which had
an annual budget of only Rs31.67 million for 2013-14. Balochistan and
Sindh are no different either. In Sindh, the prison population in
December 2015 was 19,372 with 3,276 convicted, including 40 females
and 10 juveniles. Around 465 were under the death sentence, including
two females, while under-trials numbered 15,351, including 150
females and 211 juveniles. With 25 male and one female probation
officer, Sindh has 645 probationers.
The purpose of this piece and the above data is to highlight how
neglected but important the probation system in Pakistan is. The
criminal justice system in the country is focused on punishment. It does
not take into account how investments in and strengthening of the
probation system can help reduce the prison population. In their
current state, prisons are considered nurseries for producing criminals.
While huge investments are made every year for improving prison
infrastructure, most inmates still live in miserable conditions.
Probation is a court-imposed sanction that “releases a convicted

offender into the community under a conditional suspended sentence”.
This practice assumes that most offenders are not dangerous and will
respond well to treatment. The average probationer is often a first-
time, non-violent offender, who can be best served by remaining in the
51
community while serving out the sentence. The probation system
places an offender under the supervision of a probation officer in lieu of
imprisonment as long as the probationer meets certain standards of
conduct.
Why are alternatives to detention important, particularly for children?

According to Unicef, alternatives to detention are measures that may be
imposed on children who are being formally processed through the
criminal justice system, at both pre-trial and sentencing stages that do
not involve the deprivation of liberty. These alternatives are
inexpensive, while detentions can be expensive and lead to
overcrowding of prisons, besides leaving juveniles and other inmates
vulnerable to abuse and exploitation.
According to the Society for the Protection of the Rights of the Child,
one of the easiest ways to resolve the problem of overcrowded prisons
in Pakistan is by invoking the system of probation and parole.
Probation is particularly useful in cases of offenders who are not yet
committed to a life of crime. The relevant laws have existed for decades
in Pakistan, where over 70 per cent of the prison population consists of
offenders whose sentence terms range from one month to a year.
Generally, most have landed behind bars as a result of petty disputes,
such as fights over land or water, or due to family feuds. Most are
devoid of any criminal characteristics. Their interaction with confirmed
criminals and professionals in jail only harms them rather than doing
them any good.
After the introduction of the National Judicial Policy (NJP) 2009 by the
National Judicial Policy Making Committee (NJPMC) headed by the then
chief justice of Pakistan, significant progress was noticed in the use of
probation as an alternative measure to detention in the country. There
were 10,362 probationers in Pakistan in 2005, while today there are
approximately 26,000, mostly in Punjab and K-P. This was made
52
possible as the NJPMC advised the courts and government to maximally
use the Probation of Offenders Ordinance 1960 and the Good Conduct
Prisoners Probation Release Act 1926, by releasing deserving convicts
on probation and parole as prescribed by the law. The Committee also
recommended that alleged child offenders’ cases be given higher
preference. I am not sure if there is that level of focus anymore on the
implementation of the NJP, with reference to the utilisation of the
probation system and strongly recommend a continued focus on it.
There must also be continuous follow-ups with the government and the
district level Criminal Justice Coordination Committees for progress in
each district of Pakistan, particularly in K-P, the Islamabad Capital
Territory and Punjab, where the Police Order 2002 is still in place. In
Balochistan and Sindh, district and sessions judges can be followed up
with.
Provincial governments must encourage their respective Probation and

Reclamation Departments and focus on creating awareness among
stakeholders regarding the probation system and also about the NJP as
an effective alternative to the detention and incarceration of offenders,
including child and women offenders. Efforts should also be made to
bridge the gap between the judiciary, police and the probation
department. The provincial and federal judicial academies should play
an active role in creating widespread understanding about the
utilisation of the probation system, and last but not the least, the
provincial governments should make a comparative analysis of the
budgetary allocation for Probation and Prisons departments and their
outcomes, and increase budgetary allocations for these.
Print pg 222- 246 in Mohsin raza notes.
CYBERCRIME:
53
EXPLICATING THE LAW OF ELECTRONIC
CRIMES IN PAKISTAN
Written by: Kamran Adil on January 5, 2017.
Introduction
On 19th August 2016, the law related to the electronic crimes was passed by the Parliament; it’s a
federal law and is styled as the Prevention of Electronic Crimes Act, 2016. This write-up shall adumbrate
its main features and shall attempt to appraise its substance; this may be done appositely by organizing
the content of the law into substantive and adjective laws. The Black’s Law Dictionary (8th Edition) has
conceptually elucidated the difference between the substantive and adjective laws as:
“The body of the law in a State consists of two parts, substantive and adjective law. The former
prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the
law. The latter relates to the remedial agencies and procedure by which rights are maintained, their
invasion redressed, and the methods by which such results are accomplished in judicial tribunals.”
A. Substantive Law
The law provides an array of new offences in Chapter II of the Act. In all, it introduces twenty-three
offences, which are: (1) unauthorized access to information system or data, (2) unauthorized copying
or transmission of data; (3) interference with information system or data; (4) unauthorized access to
critical infrastructure information system or data; (5) unauthorized copying or transmission of critical
infrastructure data; (6) interference with critical infrastructure information system or data; (7) glorification
of an offence; (8) hate speech; (9) recruitment, funding and planning of terrorism; (10) electronic forgery;
(11) electronic fraud; (12) making, obtaining or supplying device for use in offence; (13) unauthorized
use of identity information; (14) unauthorized issuance of subscriber identity module (SIM) card,
reusable identification module (R-IUM) or universal integrated circuit card (UICC) etc.; (15) tampering
of communication equipment; (16) unauthorized interception; (17) offences against dignity of a natural
person; (18) offences against modesty of a natural person and minor; (19) child pornography; (20)
malicious code; (21) cyber stalking (criminal intimidation); (22) spamming (transmission of harmful
information for wrongful gain); and (23) spoofing (dishonest display of website/information).
Besides criminalizing the specific acts as offences, the law provides for two types of punishments:
imprisonment and fine, together or as alternate to each other. The quantum of punishment is usually
high, but there is no sentencing limitation to regulate judicial decision-making at the time of conviction
of an offender. In addition, Section 1(4) of the law provides for its extra-territorial application. It may be
noted that the draftsman has used the definition of ‘offence’ to import the juvenile justice regime into
54
the law by redefining the offence as an act committed by a person over the age of fourteen; conversely,
the Pakistan Penal Code, 1860, which is the master criminal law of Pakistan, opts to define the word
‘offence’ independent of the age consideration of the offender. The finesse of the language of the
criminalized acts is neither distinctive nor exemplary. The permissive and inclusionary language of the
definitions of offences leaves them open to be misapplied irrespective of the privacy and due process
constitutional safeguards enshrined in the Constitution of Pakistan.
B. Adjective Law
The architecture of the law is confounded insofar as the adjective provisions are concerned; for neat
and conceptual presentation, the following areas may be examined:
i. Investigation
No investigation agency has been authorized to investigate cybercrimes. The matter has been left open
in the law, and the power has been given to the Federal Government to ‘establish’ or ‘designate’ an
agency to investigate cybercrimes: this has left much to be desired as the function has been delegated
to the executive in a manner that has not only created opaqueness in the process, but has also shielded
the investigation agency, if any, from any meaningful oversight by the parliament.
Conventionally, the investigation of the electronic crimes was carried out under the Prevention of
Electronic Crimes Ordinance, 2007, which expired after periodic renewals. After the Eighteenth
Amendment, it could not be renewed/re-promulgated as conveniently as it used to be renewed. This
led to the expiry of the law and Pakistan virtually acted without a dedicated law on the subject for many
year. The Federal Investigation Agency (FIA) was constituted under the Federal Investigation Agency
Act, 1974 and works under the supervision of the Ministry of Interior. It has expertise and specialization
to deal with cybercrimes. It has a National Response Centre for Cyber Crimes (NR3C), which is a
dedicated centre to deal with the cybercrimes. What was the trade-off in not integrating the FIA into the
new legal framework is not, however, clear; this is particularly complex as budget-making and
lawmaking processes in Pakistan are ominously delinked, and the likelihood of allocation of resources
for a new civilian organization to investigate cybercrimes is relatively remote.
ii. Evidence and Forensics

The meat of any investigation is evidence, and in case of Pakistan, despite all the inefficiencies, distrust
and difficulties, in every new piece of legislation, the threshold for collection of evidence is raised. The
new cybercrimes law is no exception. On the one hand, it imposes the requirement of getting warrants
for search, seizure and disclosure of content data on the individual investigator, on the other, it makes
the forensic reports generated by the investigation agency itself as admissible in evidence. In the same
breadth, the law in its Section 40 ordains that the Federal Government shall establish an independent
forensic laboratory.
iii. Prosecution
55
Since 2007, prosecution departments have been established in all the provinces. These departments
are separate and independent of police departments, the provincial investigation agency. No such
separation is in sight at the federal level as the laws do not call for independent and separate federal
prosecution department. The new law, therefore, does not call for separate and specialized prosecution
service for cybercrimes.
iv. Courts
The court system envisioned by the law is top-heavy as it treats the Sessions Judge as the court of first
instance. It gives a right to appeal against the order of the court to the High Court. It also provides that
the judges shall be qualified and the Federal Government shall arrange to provide for their training in
cybercrimes.
v. Internet Regulation and Liability of Service

Providers
As a general principle, according to Section 38 of the Law, service providers shall have no criminal or
civil liability. The onus of proof regarding failure of service provider to comply with the law shall be on
the person who alleges the failure. The liability of the service providers should have been the subject
of regulation in the law related to the regulators that license the service providers i.e. Pakistan Electronic
Media Regulatory Authority (Pemra) or Pakistan Telecommunication Authority (PTA), but the content
of the internet has been made subject matter of the new law, which is against its design and objectives.
The PTA has been given authority under Section 37 of the law to block undesired material on electronic
media and internet; the content management of the electronic and social media through a criminal law
needs reconsideration.
vi. International Cooperation

Chapter IV deals with international cooperation. The law authorizes the Federal Government to extend
international cooperation to any foreign government, ‘foreign agency’, and ‘international agency’ etc.
The blanket power to extend cooperation without the role of the Ministry of Foreign Affairs may need
further deliberation.
vii. Intelligence Agencies

The Federal Government shall frame rules to determine manner of coordination between the
investigation agency and intelligence agencies. The rule, if ever framed, will be useful in adding
transparency to opaque structures in working of the security apparatus of the country.
viii. Computer Emergency Response Teams

56
Chapter VI deals with preventive measures related to electronic crimes. There is no anticipatory
preventive power under the law, however, it provides for computer emergency response teams
comprising experts to deal with any cyber-related threat or attack.
ix. Oversight by Parliament

Section 53 requires the would-be designated or established investigation agency to submit a half-yearly
report to both houses of parliament. This report may become the source of consolidated and authentic
flow of information to the parliament to enable it to exercise effectiveand meaningful oversight.
Final Remarks
The absence of legal framework indirectly benefited the delinquents and criminals alike.The introduction
of a dedicated cybercrimes law is, therefore, a step in the right direction. The implementation of the law
shall remain a challenge as the lawmaking and the budget-making in Pakistan have not been correlated,
and priorities of the legislature and those of the executive do not converge to create synergy in
governance and public policy.
Anti-money laundering and terrorist

financing
FEBRUARY 17, 2018 BY WAQAR MASOOD KHAN
The world of black money

Money laundering in inextricably linked to commission of crime. The act of converting the proceeds
of crime – property, assets or cash — so that it appears legitimate is called money laundering. The
word laundry signifies the fact that in the original state the proceeds were ‘dirty’. The process of
laundry has at least three stages: placement (in banks), layering (moving through several banks and
jurisdictions) and integration into the financial system (through additional transactions).
Paradoxically, in the post-colonial era, resource-scarce developing world continued to remit billions
of dollars to the developed world in the form of cheap deposits made by a group of wealthy
individuals obtained through tax evasion or pure corruption. Well reputed banks were competing to
attract such deposits by offering enhanced features of safety, secrecy and ease of transfer across
jurisdictions. Money laundering was almost like an adjunct to business-friendly practices and heavily
protected in the name of secrecy of banking transactions. This became problematic when the
developed world authorities realised their own citizens were taking advantage of such facilities and
depriving them of tax revenues as well as a rise in criminal activities and incidents of laundering of
proceeds of crimes.
It was not until 1986 that the US made its first law on anti-money laundering. In 1989, the G-7
finance ministers established a Financial Action Task Force (FATF), with its secretariat in Paris,
charged with the responsibility to evolve a coordinated approach in combating money laundering in
their jurisdictions. A few other countries were also invited to join the forum. FATF has developed 24
standards (called Recommendations) including model legislation and institutional arrangements that
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would deny money launderers access to the mainstream financial system. After 9/11, an important
dimension of countering financing for terrorism CFT was also added, followed more recently by
concerns relating to proliferation of weapons of mass destructions.
A FATF plenary is scheduled on 18 February 2018 where the US and India are reportedly
moving a motion to put Pakistan back on the watch-list
Pakistan was a late starter in developing its AML/CFT regime. It was done, initially, as an ordinance
promulgated in 2007 but the final act was approved in 2010. The introduction of AML was a major
development. A set of crimes, called predicate offenses, were declared to carry the offense of
money laundering, entailing a penalty of up to 10 years of imprisonment and confiscation of all
proceeds of crime whether moveable or immovable, which would then vest in the federal
government. The responsibility of charging and prosecuting the offenders of predicate offenses rests
with the agencies administering the law of predicate offense. The more effective part of the law is a
layered system of prevention aimed at interdicting the flow of dirty money through the country’s
financial system. For this purpose, the law provides for setting up of a Financial Monitoring Unit
(FMU) under the ministry of finance, which is housed within the premises of the SBP.
The law requires the financial institutions (and some professional bodies) to provide reports on
suspicious transactions to FMU, if they have reasons to suspect that the transaction may be
proceeds of crimes. After due scrutiny, the FMU then decides to transmit the suspicious transaction
report (STR) to various agencies responsible for taking cognizance of the predicate offense. These
include, FBR, FIA, NAB, and ANF, among others. These agencies then undertake required inquiries,
investigation and, if needed, prosecution of offenders. Another report generated by FMU is currency
transaction reports (CTRs), which track the movement of cash beyond a prescribed limit. The law
also provides detailed architecture for investigation and prosecution of AML offenses, the courts of
jurisdiction, procedures to be followed, including the procedure for grant of bail to the accused.
The Anti-Terrorist Act (ATA) 1997 did not address the subject of financing for terrorism. The ATA
(Second Amendment) Act, 2014, filled this gap by adding a new offense in ATA that relates to
providing financial support to someone who engages in terrorist activities. Besides, there was the
issue of going after proscribed entities engaged in terrorism. The amendment filled that gap also.
AML-CFT is an extraordinary enterprise requiring multiple levels of training and skill-development
before an effective regime can be put in place. In fact, AML is a radically new regime of criminal
liability and prosecution having a wide-ranging application. Those engaged in combating white collar
crimes are adapting it with relative ease. But for ordinary law enforcing agencies such as police, the
task is herculean. The old methods and traditions for dealing with the standard criminal cases has
greatly conditioned their outlook. Furthermore, for them to investigate financial trail of financing
and nabbing the culprit requires considerable effort, skill and training. Also, the financial resources
needed to accomplish this task are not readily available. FMU is providing such training on a limited
scale, while special cells have been established in provincial IG offices to follow up the cases
involving AML offenses. Several countries, most notably Australia, have offered training facilities to
Pakistan law enforcing officers.
Pakistan faced a great deal of obstacles in evolving an internationally acceptable AML-CFT regime.
That led, in 2012, to Pakistan’s placement in the watch list that required close monitoring. It was
referred to a peer group called Asia Pacific Group (APG) to work on improving its regime. With the
help of APG, a large number of steps were taken by the present government to remove the
deficiencies pointed out by mutual evaluation methodology. These efforts were successful as
Pakistan was removed from the watch list in 2015.
A sticking point that remained a source of concern, and also of contention with some members of
FATF, was the extent of action taken by Pakistan against UN listed proscribed entities under the
UNSC Resolution 1267. In particular, Jamaat-ud-Dawah (JUD) and Falah-e-Insaniyat Foundation (FIF).
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These members objected to free movement of the leaders of JUD and continued activities of FIF in
funds mobilisation, its ambulance service and presence on the Web.
There was a limitation under the ATA, which depended heavily on provincial administration to take
action against proscribed organisations, in particular, seizing of assets and taking over their
charitable work. Earlier, the government had put the leaders of these organisations under house
arrest but they were released by the High Court, as had happened on previous occasions as well.
On 11 February, 2018, the president promulgated an Ordinance further amending the ATA, 1997.
New provisions have been added enabling the federal government to freeze, seize and manage
properties, assets and charitable works of the banned organisations and individuals. Rules under the
law were immediately framed and necessary action of taking over properties, assets and operations
has been done.
A FATF plenary is scheduled on 18 February 2018 where the US and India are reportedly moving a
motion to put Pakistan back on the watch-list. The APG is submitting an evaluation report on
Pakistan stating that the actions required to control the activities of banned organisations under
UNSC Resolution 1267 are not effective. The main evidence produced is the press reports on the
activities of FIF and its continuing presence on the Web. Interestingly, the Pakistan
Telecommunications Authority (PTA) has removed all sites hosted from Pakistan and what remains
on the web is beyond PTA jurisdiction. Here, in fact, FATF should ask other member countries to shut
down these sites hosted in their countries.
Viewed in this background, Pakistan has a very strong case to fend-off the challenge in Paris.
However, the bigger challenge, as in the past, would be to defend the actions against JUD chief and
FIF in the courts of law. Without having solid evidence to prosecute them, the freezing and take-over
orders could be overturned by the Court. In such an eventuality, the banned organisations should
approach the UN Sanctions Committee for their removal from the Resolution 1267, a procedure that
is available to those who have been placed in the list without proper evidence.
Intelligence-led policing
By Mohammad Ali Babakhel
Published: May 8, 2015
In the backdrop of 9/11, international police leadership recognised the efficacy of intelligence-led
policing. Countries being policed without credible intelligence are facing the major brunt of
terrorism. Without credible intelligence, policing recedes to a ceremonial status and leads to
wastage of resources. The price for the continued romance with a colonial, bureaucratic, autocratic,
stagnant and inhuman policing model is being paid by the victims of terrorism and crime. Those who
are involved in this romance derive the maximum benefits.
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The idea of the Special Branch (SB) was coined in 1883 in the UK. Its prime mandate was to collect
intelligence of political nature. The Pakistani police inherited the SB from its British masters. The
very name indicates the special nature of functions entrusted to this vital component of police:
functions which are essential to police work and require special aptitude to be performed. The SB of
the Metropolitan Police has always been given high recognition and extra space to manoeuvre. The
running of informer networks and undercover agents along with surveillance of suspected activities
is at the heart of the SB’s functions. Organisations like the IRA have been the special focus of the SB.
In Pakistan, back in 1974, the G Ahmad Committee (the cabinet committee on intelligence)
submitted its report, whose mandate was to study the intelligence set-up in Pakistan and propose
the distribution of roles and functions among different intelligence agencies. The three premier
intelligence agencies at the time were the IB, the ISI and the provincial special branches. The
committee’s submitted findings to the cabinet, which were approved and sent to the president, gave
official sanctity to the charter of these agencies.
Our fabric of the SB is primarily devoted to either political intelligence collection or law and order.
Whether it was the wave of extremism in Malakand in 2008 or the Lal Masjid crisis, the coordination
between the SBs and law enforcement agencies was found to be the weakest link. In many
countries, SBs are playing an effective role. In Bangladesh, the SB is the key intelligence agency
consisting of 12 different sections and has presence in 64 districts. The head of the SB of Bangladesh
directly reports to the prime minister. In Fiji, the SB deals with matters related to national security.
In 2009, it was renamed as the Fiji Police Intelligence Bureau. In 1985, the Australian SB was
renamed the Special Intelligence Branch and was merged into the Security Intelligence and
Diplomatic Liaison Branch in 1995. The Indian SB deals with issues of state security. The presence of
detective constables at the police station level forms the backbone of the Indian SB.
In the present situation, counterterrorism is not the lone responsibility of state institutions. It is a
collective responsibility, hence the situation warrants volunteerism on part of citizens. It warrants
that SBs cultivate intelligence from the communities. The neglect of decades has badly hampered
the sniffing capabilities of SBs; consequently, the police’s dependence on civil and military
intelligence agencies has increased. There is no instant apparatus where quick interaction may
convert a threat alert into an action-oriented reality. Long, bureaucratic chains of commands within
the law enforcement apparatus erect barriers in intelligence-sharing and in the free flow of
communication. Reduced bureaucratic formalities between intelligence agencies, the administration
and the police will yield positive dividends.
The SBs in provinces and district intelligence branches need instant revamping. However, making
this a reality requires dedicated professionals and the availability of latest gadgets. In the past, SB
personnel were better connected to society. Presently, SBs primarily include those who do not want
to be part of the operations wing of the police and hence use SBs as shelters. Owing to temptations
and visibility of the operations wing, SBs often get unwilling talent.
During the last three decades, military intelligence agencies have improved the quality of their
personnel and gadgets; resultantly, the quality of intelligence has improved. This has also resulted in
the dependence of the police on military intelligence agencies to increase manifold. Military
intelligence agencies have a wider scope, including the prime mandate to keep an eye out for anti-
state elements. Owing to the well-entrenched presence of the police within communities, SB
operators actually have ample opportunities to collect credible information, something which is
missing.
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In the scenario we are facing, the enemy is invisible and hence, the mere enhancement of police
capabilities will not solve matters. Invisible enemies can be traced better by invisible operators of
SBs.
SBs were once considered the eyes and ears of provincial governments. Heads of SBs directly
interacted with provincial chief executives. This helped chief ministers to make appropriate
decisions. In the recent past, there have been instances where SBs have not provided specific
intelligence to the authorities, consequently reducing their status to that of being mere reporting
agencies.
While SB personnel are supposed to operate under cover, due to lack of training and the urge for
acknowledgment and recognition in society, the majority of them do not care about concealing their
identities. Consequently, during the last few years in Khyber-Pakhtunkhwa and Karachi, a number of
SB officials have been targeted.
It often seems that political considerations are the top priorities for SBs. The situation warrants that
there is a more detailed mandate of SBs, with educational institutions, madrassas, NGOs, public
places, government departments and key installations being strictly monitored. Without an effective
invisible intelligence arm, the police may be reduced to the status of a mere spectator of
eventualities.
The rudimentary analytical abilities of SBs have badly affected their effectiveness. Since they are
primarily reliant on police officials and traditional practices, there is a lack of analytical approach and
technical capabilities. The authorities should realise that there is difference between compilation
and analysis, hence, professionals carrying relevant experience need to be inducted.
Unfortunately, a great majority of the senior police leadership has failed to appreciate the true spirit
and purpose of SBs and is ignorant about how they should work. Information in the intelligence
world is a commodity with a price tag. This requires liberal disbursement of secret funds. The SBs in
Pakistan have largely given up their core areas of human intelligence collection and resultantly are
presenting an incomplete picture to the decision-makers. The need of the hour is to go back to the
basics and re-learn the art of operational intelligence work
Countering crime with intelligence

N Elahi
AUGUST 8, 2017
With the advent of terrorism in Pakistan after 9/11, the police have been burdened with additional
responsibility to tackle the terrorists on the streets. Inherently, the police force is trained for crime control and
its hands were already full with it therefore it was neither ready nor equipped to take the added responsibility
of confronting the terrorists. The terrorist attack on Sri Lankan cricket team in Lahore in 2009 was the turning
point in this regard. It was then that the police realised that it had to tackle this hydra too, but of course with
the help of intelligence agencies.
Besides surge in terrorism, there has been a rise in crime rate in major cities of Pakistan for last one and a half
decade that has jeopardised the security, safety and serenity of the society. So now law-enforcement officers
have to grapple with both the problems; rampant terrorism and burgeoning crime. Like other countries of the
world, they are facing menaces, more severe and complex, than any they have ever faced. Ironically, they are
plagued with dearth of manpower and paucity of funds. They are over-stretched and under-resourced
therefore they need to resort to innovations and alternatives to handle the new challenges.
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One conceivable way is introduction of Intelligence-led policing (ILP). The concept of ILP is to spend more time
to target offenders than responding to crime. The modus operandi is to increase the use of intelligence,
surveillance and informants to target major offenders so that police could preemptively fight crime rather than
responding to it. ILP can help develop strategy and priorities through a more objective analysis of criminal
environment.
Our police force is designed to come into action after a crime is committed or at times when it’s taking place.
The yardstick of success is to arrest the culprit or recover the looted articles. The police don’t have the
training, capacity and mandate to take preemptive action. Watch and ward system, considered to be meant
for preemptive action to deter the criminals, is also in doldrums.
Historically, the police of subcontinent used to rely on informants to track and trace absconders and offenders.
There used to be detective foot constables (DFC) in pre-partition era police of subcontinent. There were
institutions like Crime Investigation Agency (CIA) and District Intelligence Branch (DIB), which used to carry out
intelligence in the realm of crime control. Special Branches also used to keep an eye on the crime and police
performance. Over years these arrangements have either paled into inactivity or have become non-existent.
Special Branch, despite being the part and parcel of police, is not expected or allowed by the uniformed police
to dabble in crime control affairs.
Despite limitation, ILP is considered to be the most important law enforcement innovations of the twenty-first
century. It has been employed in UK and the United States. Pakistan can follow the suit as per its own
requirements. Here ILP can be introduced in urban centres in a gradual manner with the active assistance of
intelligence agencies to fight crime guided by effective intelligence gathering and analysis. Police and CTD are
already maintaining close liaison with Intelligence Bureau for countering terrorism. Seeking help of intelligence
agencies is also important because increased use of surveillance is not only expensive but can also be
questioned as an intrusive and excessive tactic for the government to employ against (often minor) offenders.
A couple of years ago, the Lahore police had tasked the staff of all police stations to gather information about
criminals. It cannot be considered ILP. ILP is hierarchical and emphasises the top down approach to law
enforcement. Its introduction can be successful only when the senior officers fully get involved in it. Strategy
and decision making on basis of intelligence is to be done by the higher echelon of police.
Nevertheless, before fully adopting ILP, the government should go through long-term studies of police forces
that have fully implemented and adopted ILP to know its crime reduction benefits. It is also imperative to
identify the likely limitations, hiccups and internal implementation problems including technical, organisational
and cultural factors that might inhibit an adoption of intelligence-led policing. For example, our police
associates success in crime reduction with higher number of arrests. ILP and community based policing aim at
preventing crime therefore a different yardstick would be required to assess the effectiveness of these
paradigms.
ILP can be greatly helpful in ensuring foolproof security on sensitive events like Muharram processions, public
gatherings, and VVIP security and against extortionists, land grabbers and gangs. Patterns developed through
intelligence can help devise preventive strategies. It is time to give ILP a try in order to deal with the challenge
of an increased crime rate with innovative methods.
The writer is Honorary Director Centre for Peace and Security Studies, University of the Punjab, Lahore,
Masters in International Security, War Studies Department, King’s College London. Tweets at N
Elahi@Aaibak
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Initial investigation factors
The following factors should be considered at the initial investigation:
• scene management (identify and preserve)

• material (identify other potential evidence sources)
• who is the investigating officer?
• risk management
• what is the limit of the initial attending officer’s role?
• communication
• record keeping
• handover and briefing
• community impact
• initial fast track actions
• investigative interviewing (witness, victim and offender)
• initial search (access routes, exit routes, places where offenders are likely to
have been).
• specific objectives of the investigation – these depend on the unique

circumstances of the crime and the material that has been gathered
• investigative strategies that are used to achieve those objectives
• resource requirements of the investigation which in many cases is limited to the
investigator, crime scene examination, and forensic analysis of the material
recovered from the scene or suspect. It is part of an investigator’s responsibility
to articulate their resource requirement to managers.
In circumstances where the initial investigation and evaluation have led to the
identification of a suspect, and there is sufficient material to justify interviewing the
suspect under caution, the investigation is likely to move straight into the suspect
management phase.
Suspect management
The identification of a suspect provides an opportunity to use a range of investigative
strategies that focus on that individual.
Material
Material of any kind, including information and objects, which is obtained in the course of
a criminal investigation and which may be relevant to the investigation; Material may be
relevant to an investigation if it appears to an investigator, or to the officer in charge of
an investigation, or to the disclosure officer, that it has some bearing on any offence
under investigation, or on the surrounding circumstances of the case, unless it is
incapable of having any impact on the case.
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Sources of material
Potential sources
Material can be gathered from various different sources. These include:
• victims
• witnesses
• suspects
• scenes (which includes scenes of crime, the victim, suspects and their premises)
• passive data generators, eg, CCTV, telephone records, banking and credit card
records
• intelligence databases
• communications between the police and experts.
Formats of material
Material generated by the offence may present itself in a number of different formats,
and the investigator will aim to gather as much material as possible. However, as the
investigation progresses, the amount of material that will be capable of being used as
evidence in court will be less than that gathered by the police.
Any tangible object could be material. Intangible objects such as sound or images can
be converted and reproduced into a format (eg, video or audio recordings) that can be
used as evidence.
Common formats of material include:
• statements
• documents
• reports
• physical exhibits
• fingerprints
• images
• audio or video recordings.
Material generated
The amount of material that is generated by a criminal investigation depends on a
number of factors such as:
• whether a crime is spontaneous or planned

• the offender’s criminal experience
• the number of people who know the offender and the victim.
Each crime has a unique mix of material. It is impossible to gather all the material
generated by the offence, but the investigator must gather as much as possible.
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Reasonable and relevant enquiries
investigators conduct reasonable enquiries and gather relevant material, it is important
that they remember the following points:
• Review – consider further relevant lines of enquiry or more relevant material

• Record – keep a log of material and enquiries made
• Retain – keep material in a durable format and/or copy
• Reveal – if a prosecution takes place the relevant material will be scheduled for
the prosecutor.
Relevant material
The golden hour principle will assist investigators to maximise the quantity of relevant
material gathered. However, it is not always possible to collect all of the material
generated by the offence as some:
• physical evidence may be lost or destroyed

• witnesses may not be traceable
• material is known only to the offender, who does not reveal it to others.
Determining relevance
To determine whether material or enquiries are relevant to the investigation,

investigators need to ask ‘does this have the capacity to impact on the case?’
In the early stages of an investigation, it may be difficult to determine what is or is

not relevant, what happened in the case or what the issues are likely to be.
Officers should not confuse relevance with the test for disclosure.
Example of relevant material
The identity or identification of a suspect may no longer be an issue and so the material
held regarding this line of enquiry may no longer be relavant. This could include CCTV
footage which was held in the hope of identifying a suspect in the vicinity.
In some circumstances the CCTV footage might still be relevant for other reasons,
therefore, investigators have to justify its retention to themselves and others.
If investigators are in any doubt about the relevance of material, they should seek advice
from line managers or the CPS, or review the NCALT e-learning package Fair
Investigations for Fair Trials.
Golden hour
The golden hour is the term used for the period immediately after an offence has been
committed, when material is readily available in high volumes to the police.
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Positive action in the period immediately after the report of a crime minimises the
amount of material that could be lost to the investigation, and maximises the chance of
securing the material that will be admissible in court.
Golden hour considerations
These considerations can also be applied to investigators when they make reasonable
enquiries.
INTERVIEW:
Interviewing is complex. It requires learning and practice to ensure that high standards
are achieved and maintained.
An interview may not be used solely for obtaining information about an investigation. It
may also be used to provide witnesses and victims with important information, for
example, about court proceedings, protection of identity, special measures, disclosure,
intermediaries and witness protection.
In any interview it is essential that the investigator acts with professionalism and
integrity. The following will support this.
Establishing a professional relationship
People are more likely to give accurate information if they trust the professionalism of
the interviewer. Interviewers must not allow their personal opinions or beliefs to affect
the way in which they deal with witnesses, victims or suspects.
The importance of being methodical

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Being methodical helps both the interviewer and interviewee. Planning, preparation and
ensuring that the interview plan is followed, and that answers are linked are all part of
being methodical. The PEACE interview model also helps.
Personal style
Style matters because it affects the motivation of the interviewee to be accurate and
relevant in their replies. Establishing a rapport means being genuinely open, interested
and approachable, as well as being interested in the interviewee’s feelings or welfare.
Interview location
The physical setting can have an effect on the establishment of the relationship between
those involved. The interviewer should consider the impact the location can have on
themselves and the interviewee, in particular the affect the formality of designated
interview rooms can have on some witnesses and victims.
Dealing with suggestibility
This is when an interviewee is influenced by what they believe the interviewer wants or
expects them to say. People vary in the degree to which they are suggestible.
Vulnerable people, people with learning difficulties and children, eg, may be more
suggestible and require special protection.
Benefits
The following benefits have been defined by the professional structure for investigative
interviewing:
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Public confidence – Professional interviews will provide high-quality material that
enables the guilty to be brought to justice and the innocent to be exonerated. This
increases public confidence in the police service, particularly with victims and witnesses
of crime.
Consistent performance – Criminal investigation largely takes place away from the
police station. Interviews with victims and witnesses are conducted at scenes of crime,
at witnesses’ homes, at their place of work, in cars and in the street. The techniques of
investigative interviewing will help investigators to achieve results in even the most
unpromising circumstances.
Support for victims and witnesses – Victims and witnesses may be upset, scared,
embarrassed or suspicious. Good investigative interview techniques will help to calm or
reassure them so that they can provide an accurate account.
Dealing with suspects – Interviews generally take place in a police station, but can be
elsewhere, eg, a prison. Do not assume that all suspects are going to lie, say nothing or
provide a self-serving version of events. Some may, but where suspects do admit guilt
this will be due, in part, to the strength of material gathered during the investigation.
Principle 1
The aim of investigative interviewing is to obtain accurate and reliable accounts from
victims, witnesses or suspects about matters under police investigation.
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To be accurate, information should be as complete as possible without any omissions or
distortion.
To be reliable, the information must have been given truthfully and be able to withstand
further scrutiny, eg, in court.
Accurate and reliable accounts ensure that the investigation can be taken further by
opening up other lines of enquiry and acting as a basis for questioning others.
Principle 2
Further information
Investigators must act fairly when questioning victims, witnesses or suspects. They must
ensure that they comply with all the provisions and duties under the Equality Act
2010 and the Human Rights Act 1998.
Acting fairly means that the investigator must not approach any interview with prejudice.
The interviewer should be prepared to believe the account that they are being given, but
use common sense and judgement rather than personal beliefs to assess the accuracy
of what is being said.
People with clear or perceived vulnerabilities should be treated with particular care, and
extra safeguards should be put in place.
Principle 3
Further information
Investigative and Evidential Evaluation
Investigative interviewing should be approached with an investigative mindset.
Accounts obtained from the person who is being interviewed should always be tested
against what the interviewer already knows or what can be reasonably established.
The main purpose of obtaining information in an interview is to further the enquiry by

establishing facts. This point highlights the importance of effective planning in line with
the whole investigation.
Interviewers should think about what they want to achieve by interviewing the victim,
witness or suspect, and set objectives which will help to corroborate or disprove
information already known.
Investigators should try to fill the gaps in the investigation by testing and corroborating
the information by other means where possible.
Principle 4
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Investigators are free to ask a wide range of questions in an interview in order to obtain
material which may assist an investigation and provide sufficient evidence or
information.
Conducting an investigative interview is not the same as proving an argument in court.

This means that interviewers are not bound by the same rules of evidence that lawyers
must abide by.
Although the interviewer may ask a wide range of questions, the interviewing style must
not be unfair or oppressive.
the exercise of authority or power in a burdensome, harsh, or wrongful manner, or unjust

or cruel treatment of subjects or inferiors, or the imposition of unreasonable or unjust
burdens in circumstances which would almost always entail some impropriety on the
part of the [interviewer].
Principle 6
Investigators are not bound to accept the first answer given. Questioning is not unfair
merely because it is persistent.
An investigating officer has the duty to obtain accurate and reliable information. A
complete and reliable account from witnesses, victims and suspects may not always be
easy to obtain.
There may be different reasons why an investigator needs to be persistent:
• they may have reasonable belief that the interviewee is not telling the truth
• they may believe further information could be provided.
It is acceptable for interviewers to be persistent as long as they are also careful and
consistent but not unfair or oppressive. See PACE Code C paragraph 10.9 and
paragraph 11.5 for clarification.
PEACE framework
PEACE model
There are five phases to the PEACE framework.
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Beginning the interview
This is important and should be considered in the planning stage. The reason for the
interview should also be clearly explained, eg, the interviewer may say:
• ‘You are here because you have been arrested for (offence)’ or
• ‘You are here because you witnessed (offence/incident).’
The interviewer should then check the interviewee has understood the explanation.
Objectives of the interview
Before starting an interview, the objectives of the interview should be explained to the
interviewee, and they should be provided with an outline or route map of it.
For example, interviewers may say:
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• ‘During this interview I will talk to you about (list objectives).’
Then go on to explain:
• ‘I will also ask you about anything else which may become relevant during the
interview in order to properly establish the facts and issues.’
Routines and expectations

It is good practice to explain to the interviewee that if they nod or shake their head the
interviewer will state that they have done so. It should also be explained that notes will
be taken during the interview.
It may be useful to inform the interviewee that although the police wish to establish
certain facts and issues, it is the interviewee’s opportunity to explain their involvement or
non-involvement in the incident under investigation.
Investigators should encourage the interviewee to voice anything which they feel is
relevant, explaining that there is no time limit for the interview and that as much detail as
possible is required, encouraging the interviewee to voice anything which they feel is
relevant.
The interviewee should be reassured that they will not be interrupted. It may be
appropriate to ask the interviewee to consider fully any question they are being asked
before they answer.
Account, clarification, challenge

Obtaining an account consists of both initiating and supporting. In volume and priority
crime investigations the most common way of initiating an account is simply to use an
open-ended prompt, such as, ‘tell me what happened’.
Support an account with active listening
Further information
Obtaining the suspect’s account
This includes:
• non-verbal behaviour such as adopting an appropriate posture and orientation

towards
the interviewee
• allowing the interviewee to pause so that they can search their memory, without
interrupting
• encouraging the interviewee to continue reporting their account until it is
complete by using simple utterances such as ‘mm mm’ and prompts, eg, ‘What
happened next?’ or questions that reflect what the interviewee has said, such as,
‘He hit you?’.
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Clarify and expand the interviewee’s account by:
• breaking the account down into manageable topics

• systematically probing those topics by means of open-ended and specific-
closed questions until as full a picture as possible of the interviewee’s account
has been obtained
• examining any information, identified during the planning phase, that has
not already been covered.
Questions
These should be as short and simple as possible. They should not contain jargon or
other language which the interviewee may not understand.
Some types of questions are useful, helping the interviewer to extract information from
the interviewee, eg, open-ended. Others are not and may actually confuse the
interviewee or prevent them from giving a full and accurate account, eg, multiple
questions.
Five key question types
• open-ended
• specific-closed
• forced-choice
• multiple
• leading.
Open-ended
For example, ‘Tell me’, ‘Describe’, ‘Explain’.
• are useful at the beginning of an interview as they allow for a full, unrestricted
account
• produce answers which are less likely to have been influenced by the interviewer.
The interviewer should avoid interrupting the interviewee when asking open questions.
Specific-closed
For example, ‘Who did that?’ ‘What did he say?’ ‘Where does he live?’ ’When did this
happen?’ This type of question:
• gives the interviewer with more control

• can be used to elicit information that an interviewee has not yet provided
in response to open-ended questions
• may be used to clarify and extend an account that has been elicited through
open-ended questions, cover information important to the investigation that an
interviewee has not already been mentioned, or to challenge
• may have the potential disadvantage of restricting an interviewee’s account.
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Forced-choice
For example, ‘Was the car an estate or a saloon?’ In this situation:
• interviewees might guess the answer by selecting one of the options given
• interviewees might simply say ‘yes’ in response to the question, leaving the
interviewer to guess which part of the question the response applies to, or
needing to ask a follow-up question to clarify it
• the choice of answer given to the interviewee might not contain the correct
information, eg, ‘was it dark blue or light blue’, when it could have been medium
blue.
Multiple
For example, ‘Where did he come from, what did he look like and where did he go to?’
These questions may also refer to multiple concepts, eg,’What did they look like’ and
confusion might arise as a result of the:
• interviewee not knowing which part of the question to answer

• the interviewer not knowing which part of the question the answer refers to.
Leading
For example, ‘You saw the gun, didn’t you?’ implies the answer or assumes facts that
are likely to be disputed. They can also:
• be used to introduce information not already mentioned, eg, ‘What did he look
like?’
• have an adverse influence on interviewee’s response
• distort the interviewee’s memory
The information obtained as a result of leading questions may be less credible and
in extreme cases could be ruled inadmissible. They should, therefore, be used only as a
last resort.
Closure
This should be planned and structured so that the interview does not end abruptly.
Where there are two interviewers, the lead interviewer should check that the second
interviewer has no further questions before closing the interview.
The interviewer should accurately summarise what the interviewee has said, taking
account of any clarification that the interviewee wishes to make.
Any questions the interviewee asks should be dealt with.
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The interviewer should then bring the interview to a conclusion by preparing a witness
statement if appropriate or, where the interviewee is a suspect, by announcing the date
and time before turning the recording equipment off.
They should then explain to the interviewee what will happen next.
Evaluation
Following an interview, the interviewer needs to evaluate what has been said with a view
to:
• determining whether any further action is necessary

• determining how the interviewee’s account fits in with the rest of the investigation
• reflecting on the interviewer’s performance.
Witness considerations
Victims are also witnesses. The skills needed to interview witnesses are just as
important as those needed to deal appropriately with suspects. It is important that as
much information as possible is gathered from the witness and recorded in witness
statements. Completing a crime report is an opportunity to record information about the
crime, including accurate and reliable information obtained from witnesses.
Interviewers must treat all witnesses with sensitivity, impartiality and respect for their
culture and rights, while maintaining an investigative approach.
The interviewee may be suffering from shock or trauma as a result of the incident and be
in need of support. The police can help by making appropriate referrals to other
agencies and by supplying contact information. Any referrals should be made with the
consent of the witness. See working with victims and witnesses.
It is important to consider how a witness interview may be structured to obtain the best
possible information.
Interviews should be conducted as soon as possible after the incident, in a quiet place,
with minimum distraction and maximum privacy (eg, a car or quiet room). If this is not
possible, investigators should consider arranging to conduct the interview later or
elsewhere. A brief account of the main details should be obtained. This should be
recorded and signed by the witness, in a pocket notebook if an alternative is not
available. See also witness interviews.
Witness statements
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Police officers are required to produce a statement from an interview conducted with a
witness. Statements may be taken at the scene immediately following an incident or at a
later time or place, eg, at a police station, the witness’s home or another location.
Investigators must be properly prepared. Any notes that are made must be retained, as
the prosecution may need to disclose any unused material.
The interviewer should ensure that the witness statement accurately reflects what the
witness has said.
The interviewer must also consider the relevant points to prove for the offence in
question.
Where the witness is considered to be a significant witness, see video of witness

interview.
Crime report
The interviewer should complete a crime report following the victim interview, in
accordance with local force policy. The crime report is an important document and forms
the basis of any further investigation.
If required, the crime report may be disclosed in evidence to defence lawyers, who will
scrutinise it to ensure that it is accurate and consistent with other evidence.
Crime reports must contain as much information as possible, to provide sufficient detail
to assist any officer who undertakes further investigation of the offence.
Various question types may be used, but in witness interviews it is considered good
practice to use free recall to encourage the individual to give an account of the situation.
Free recall
This is a system which can be used in interviews to encourage interviewees to put

themselves back into the situation they were in when they witnessed the incident.
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A free recall interview includes:
• asking the witness to provide an account of the relevant event(s) in their own
words (eg, ‘Earlier today you told me that you saw something last week, please
tell me about that in your own words’)
• adopting a posture of active listening, allowing the witness to pause, and using
minimal prompts that do not go beyond the witness’s account
• reflecting back what the witness has said, as appropriate
• avoiding interrupting
• identifying manageable topics or episodes in the witness’s account to be
expanded on and clarified
• systematically probing each topic or episode, beginning with open questions
using words such as tell me, explain, describe, before moving on to closed-
specific questions (eg, what, where, when, how and why)
• avoiding topic-hopping (rapidly moving from one topic to another and back again)
• avoiding multiple questions
• using forced-choice and leading questions only if it is essential to do so
• systematically probing any information important to the investigation that the
witness has not adequately covered.
For example, where an incident took place while the witness was travelling to work, the
investigator may ask them to remember how they felt when they got into their vehicle
that morning, what they saw as they left the house, what the weather was like, and the
traffic.
Helping the witness to recall details such as these will enable them to recall more
accurately the conditions that existed at the time of the incident.
The interviewer must undertake a number of tasks simultaneously when conducting free
recall interviews. A structure should, therefore, be in place for effective note-taking.
Note-taking
A structured process for note-taking enables the interviewer to process and respond to
the quantity and quality of information received in the interview.
This provides a firm basis for the questions that need to be asked to clarify or challenge
the interviewee’s account. A tape recording is made, in accordance with PACE, when
interviewing suspects. However, the interviewer still needs to make notes and use them
to clarify the suspect’s account. For further information see note-taking systems.
Suspect considerations
In addition to the PEACE model, there are a number of other considerations that need to
be taken into account when structuring an interview.
Downstream monitoring
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Suspects and their legal representatives must be made fully aware if remote monitoring
of the interview is to take place. The following minimum standards apply, in accordance
with Home Office Circular 50/1995 Remote Monitoring of Interviews with Suspects (as
agreed between ACPO and the Law Society):
• the remote monitoring system should only be able to be operational when the
tape recorder has been turned on
• a light, which automatically illuminates upon activation of remote monitoring,
should be visible to all in the interview room
• all interview rooms with remote monitoring equipment should prominently display
a notice referring to the capacity for remote monitoring and to bring attention to
the fact that the warning light will illuminate to signify that remote monitoring is
taking place
• at the beginning of the interview, the contents of the notice must be explained to
the suspect by the interviewing officer (the explanation itself should be recorded
on the tape)
• the suspect’s custody record should include reference to the fact that an
interview, or part of an interview, was remotely monitored. It should include the
names of the officers monitoring the interview and the purpose of the monitoring,
ie, for training or to assist with the investigation.
Structuring the suspect interview

The interview should be structured in five identifiable stages, using the PEACE
framework for investigative interviewing. The emphasis is to check the accuracy of the
account, identify potential lines of enquiry and then challenge an account if necessary.
Each stage provides convenient points to break and also to reappraise the objectives.
Starting an interview
The interviewer should:
• say that the interview is being audibly recorded

• give their name and rank and that of any other interviewer present
• ask the suspect and any other party present, eg, a solicitor, to identify themselves
• state the date, time of commencement and place of the interview
• tell the suspect they will be given a notice about the copies of the recording (this
does not apply to interviews using a secure digital network).
The suspect should be reminded of their entitlement to free legal advice.
A taped interview memo card may be a useful aide-memoire.
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Pakistan’s juvenile justice
Usama Malik
October 31, 2018
Pakistan is a signatory of the Convention on the Rights of Child. Article 37 of the CRC states,
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be
imposed for offences committed by persons below eighteen years of age; (b) No child shall be
deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a
child shall be in conformity with the law and shall be used only as a measure of last resort and for
the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with
humanity and respect for the inherent dignity of the human person, and in a manner which takes
into account the needs of persons of his or her age. In particular, every child deprived of liberty shall
be separated from adults unless it is considered in the child’s best interest not to do so and shall
have the right to maintain contact with his or her family through correspondence and visits, save in
exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as the right to challenge the legality
of the deprivation of his or her liberty before a court or other competent, independent and impartial
authority, and to a prompt decision on any such action.
In light of the above, and pursuant to Article 25 (3) of the Constitution of Pakistan, 1973, Pakistan is
under an obligation to safeguard the protect the rights of children. With this backdrop in mind, it is
crucial that laws relating to juveniles should be focused on disposal of cases through diversion and
social-integration of juvenile offenders and for a law to provide specific procedures to carry out the
same so that these processes can be carried out in an effective manner and in the best interest of
the child. The Juvenile Justice System Act 2018 (JJSA) has been promulgated to deal with these issues
and its predecessor the Juvenile Justice System Ordinance (JJSO) has thereby been repealed.
Before delving into the merits of JJSA, it is first important to highlight the legal challenges that arose
out of the operation of the JJSO. A common issue under JJSO was determining whether a juvenile
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court would have jurisdiction if a juvenile has committed a terrorism offence or an anti-terrorism
court (ATC)? A perusal of case law under JJSO shows that there are two category of cases. One
category of cases states that if a juvenile has committed a terrorism offence, an ATC shall have
jurisdiction to try the case, whereas, the second category states that even if a juvenile has
committed an offence under Anti terrorism act (ATA), it should be tried by a juvenile court and
especially in relation to offences falling under items 1 & 3 of the third schedule of ATA (PLD 2006
Karachi 331; PLD 2003 SC 656). The first category of cases was also strengthened by the fact that
Section 14 of the JJSO did not curtail or limit the power of Anti-Terrorism Courts pertaining to a
child’s trial but clarifies that the provisions of the Ordinance shall be in addition to and not in
derogation to any other law for the time being in force. Furthermore, Section 21-G of the ATA states
that all offences under this Act shall be tried (exclusively) by Anti-Terrorism Court established under
this Act. Therefore, this lack of clarity became an issue when determining whether a special court
such as an anti terrorism court (ATC) or a narcotics court shall have jurisdiction over a juvenile court.
JJSA has attempted to deal with this issue. Section 23 of the Act states that the provisions of the law
will have an overriding effect notwithstanding anything contained in any other law for the time
being in force. However, further clarity will still be needed in light of Section 21-G of the ATA and
especially in relation of offences, which fall under items 2 & 4 of the third schedule of the ATA.
Furthermore, JJSA distinguishes between minor and major offences and both of these are treated as
bailable offences for the purpose of acquiring bail. In relation to investigation of a juvenile, a juvenile
shall not be interrogated by a police officer below the rank of a sub-inspector and the investigation
officer designated shall be assisted by a probation officer or by a social welfare officer notified by the
Government to prepare social investigation report to be annexed with the report prepared under
section 173 of the Cr.P.C. But perhaps the most welcome change that has been brought about by the
JJSA is the disposal of cases through diversion in Section 9 of the Act. The Act aims to establish
juvenile justice committees in each district, which shall dispose of cases, with the consent of the
accused by resorting to different modes of diversion including: restitution of movable property,
reparation of the damage caused, written or oral apology, participation in community service,
payments of fine and costs of the proceedings, placement in Juvenile Rehabilitation Centre, and
written and oral reprimand. This is in the case where the complainant is not a state functionary.
Additionally, Section 17 of the Act provides safeguards for female juveniles. The act states that no
female juvenile shall in any circumstance be apprehended or investigated by a male officer or
released on probation under supervision of a male officer. A female juvenile shall only be kept in a
Juvenile Rehabilitation Centre established or certified exclusively for female inmates. Additionally,
the Act provides for a penalty for disclosing the identity of a juvenile and also provides for the
making of rules under the Act to implement the same.
These provisions will go a long way in re-integrating delinquent juveniles into society and improving
Pakistan’s compliance with international human rights standards. However, all this depends on
proper implementation of these provisions. Lack of implementation of key provisions of JJSA 2018
will ultimately render the legislation ineffective and will deprive young offenders from their
constitutional right of fair trial.
Perplexing legislation for juveniles

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By Razaur-Rehman Asad
Published: July 14, 2018
On December 6th, 2004, the Lahore High Court struck down the Juvenile Justice System Ordinance
(JJSO) 2000, on account of being unreasonable, unconstitutional, and impractical. The judgment was
challenged before the Supreme Court of Pakistan by the federal government wherein interim relief
was granted but the final decision remains pending. After approximately 13 years, in view of the
judgment and concluding observations by the Committee on the Convention of the Rights of Child,
to which Pakistan is a signatory, the Parliament of Pakistan recently passed the Juvenile Justice
System Act, 2018.
Despite the current Act providing basic safeguards to juveniles, such as the setting up of juvenile
courts, the establishment of observation homes and rehabilitation centres, and disposal of cases
through diversion, the Act lacks on multiple fronts, for example — the extent of jurisdiction to the
whole of Pakistan as provided under Section 1(2); or whether the federal legislature is competent to
legislate on the subject of “children”, or for that matter, juveniles, after the devolution under the
18thAmendment; whether the Juvenile Justice System falls into the category of criminal law, criminal
evidence, etc. Even the statement of objects and reasons fails to answer these queries.
Coming towards the definition of a “child” and minimum age of criminal responsibility,
internationally, there is a debate on the minimum age at which a person can be held liable for
criminal responsibility. So far, there are no international standards with regard to most appropriate
age. Presently, the General Comments on the Convention on the Rights of Child provides that
minimum age below 12 years should be unacceptable. However, the Pakistan Penal Code deems any
act committed by a child under the age of seven a non-cognisable offence. It provides that nothing is
an offence which is done by a child above 7 years and below 12 years who has not attained the
maturity of understanding the nature and consequences of his conduct. On the contrary, then
definition of a “child” given in the JJSO 2000 is of any individual who has not attained the age of
majority, ie, 18 years, was one of the reasons given by the Lahore High Court while striking down the
law. Ironically, the same definition is part of the new Act. Besides, it is surprising to see that every
child-related law has its own definition of child which for some reason differs from the other. In
labour laws, a child is any person who is below the age of 14 years. On the other hand, the Code of
Criminal Procedure in Pakistan defines a juvenile as an individual who is less than 15 years of age.
Apart from these, the Zina Ordinance defines an “adult” as a male person who is aged 18 years and
above, and for women, as an individual who is aged 16 years and above or has attained puberty.
While striking down the JJSO 2000, the court also observed that neither any reasons to support such
fixation were presented nor any detailed study with regard to social patterns, criminal trends or
statistical data was ever conducted. Article 1 of the Convention on the Rights of the Child provides
that a child means every human being below the age of 18 years unless under the law applicable to
the child, majority is attained earlier. This article is aimed at prescribing the maximum age where a
human being is considered a child generally for the purposes of the Convention. The Ministry of
Human Rights blindly followed Article 1 of the Convention while ignoring the Article 40(3)(a) of the
Convention which provides that state parties shall seek establishment of a minimum age below
which children shall be presumed not to have the capacity to infringe the Penal Law but the present
Act is silent with regard to minimum age of criminal responsibility.
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The inconsistencies which were supposed to be addressed in this Act still persist after 13 years.
Neither the Ministry of Human Rights, which takes credit for this Act, nor the honourable members
of the Lower House of Parliament ever discussed the said discrepancies during the meeting of the
Standing Committee of Human Rights or during parliamentary sessions. Now, the question remains:
can the overriding effect overcome the confusion with regard to definition of child/juvenile?
Section 8 of the Act again relies on the flawed premises of birth certificate, educational certificates
or any other pertinent documents as these can be easily forged and can cause undue delays in
criminal trials as the Act is silent with regard to the “summary inquiry” of age determination by
courts. This is especially problematic in cases wherein ages of death-row convicts are still being
contested. Why the government is reluctant to introduce the Orthopantomograph (Panorax) and
Bone Ossification Test for age determination is another question that remains unanswered. Is it
because of the ignorance or incompetency on the part of ministries or divisions concerned?
Apart from the above, Section 6 of the Act deals with the ‘Release of Juvenile on Bail’, but according
to Section 6(4), a juvenile may not be released on bail if he is more than 16 years of age and arrested
for any heinous offence. It creates further confusion with regard to fixation of age and its further
classification especially if read together with Section 15 of the Act which provides Power of Juvenile
Court to issue order for release but is silent concerning juvenile of more than 16 years arrested for
any heinous offence.
Section 4 of the Act deals with the establishment of juvenile court and Section 12 provides a
separate trial of a juvenile with an adult with exceptions. Is it practically possible to hold a separate
trial at a different a place on the same subject matter keeping in view the competency, human
resource available, especially on the part of investigating and prosecution agencies? What if the trial
is conducted separately? Will it have no prospect of conflicting judgments by different courts trying
the same offence?
In essence, it is astonishing to see that these disputed questions remained unanswered in the Draft
Act especially when it is mentioned in the Statements of Objects and Reasons that a new Act is being
enacted after tending to all infirmities of the JJSO 2000 given by the Lahore High Court while striking
down the law. Hence, the draft law is unlikely to assist in establishing a model juvenile justice system
and resolve the legal complexities stemming from the JJSO 2000.
OP-ED
Juvenile justice system in Pakistan

Shagufta Gul
AUGUST 22, 2017
As per World Justice Project Pakistan is placed 5th out of 6 countries in the region and 106
out of 113 countries and jurisdiction worldwide. Pakistan has successfully initiated and
completed legislative steps in past few years including the recent Child Protection bill 2017
and Juvenile Justice act 2017. These Bills are not first of their kind, as Pakistan has been a
part of various international human rights treaties as well. The core issue is the
implementation of all such laws and regulations as still violations of child rights are reported
and observed on despite various initiatives.
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A lot is being said about the out of school children, children involved in child labour, child
abuse A very important issue regarding children under age kids committing crime and ending
up in jails. The juvenile Justice Act 2015-17 is the recent development to protect the rights of
the ones who commit an offence or are in conflict with the existing laws of state.
The act defines ‘child’ as a person who at the time of commission of an offence has not
attained the age of eighteen years; It further talks about Child protection centre and Juvenile
courts as well to handle the cases of children involved (source Juvenile Justice act Proposal
2015). It also sets certain dos and don’ts for handling the cases like Juveniles are tried
separately from adults, separate charges and better bail granting options, trial needs to be
concluded in four months, but like other legislations, again the key question is
implementation where we are lagging behind.
When we look at psychological aspects of personality development atypical male brain isn’t
formed completely till the age of 20. These parts of the brain last to develop are responsible
for controlling how individuals weigh long term gains and costs against short term rewards.
As the system to regulate reward seeking is still evolving, this effects the decision making
and judgment of a particular situation under anger, stress or frustration. The individual is
unable to control him or self and decide to act including consequential thinking, future
oriented decisions, empathy remorse and planning (source).
Next come the circumstances surrounding Children experiencing extreme behaviours,

corporal punishments abusive behaviour by adults either at home, school, work place at the
adolescence age, result in reactionary behaviours and short temper.
Current scenario in jails as per state of children report 2015 living conditions at the detention
center except for a few exceptions are not worth living. No exclusive juvenile courts have yet
been set under article 3 of the Act, accused child has the right of free legal assistance on the
expense of state but lack of access and inability to free justice civil society groups, over 80
percent of juveniles charged with bail-able offences remain in prison due to lack of
inadequate legal assistance
If we look at the cases of juvenile victims the routine procedure in the absence of Juvenile
courts is that the victim reports to the duty officer, if possible the offender is also there,
parents of victim and a mediator. Let me tell you that the either it’s the offender or the victim
both need very special care as they are in multi-dimensional trauma ie the offence, the
parental pressure, the pressure of society and the most dangerous, police station.
State of Children Report 2015 shows that living conditions at most detention centres is
abysmal and unfit for housing juvenile offenders
The Juvenile Justice Act 2015 proposes Borstal Institutions (child care centres) for the moral,
and psychological support of the children of these children. As per State of the children in
Pakistan report, 2015 till day Balochistan has not yet established a Borstal institute centre, KP
has one in Bannu, Punjab has two and four in Sindh. Provincial governments must allocate
more funds for the establishment of the Borstal institutions for timely handling of the children
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as they deserve to be in a separate environment away from adult criminals. Staff engaged at
police stations needs to be trained on skills of handling the child in trauma, negotiation and
provide some space to the both victim and accuser.
Such issues can be handled by incorporating the idea of community policing, through
alternate dispute resolution technique as it will reduce psychological impact upon the victim
and accused. We have seen the establishment of police training schools in previous years,
these schools can introduce Juvenile justice, Juvenile handling and the Psychological support
as a part of their curriculums, so that the new inductions in police departments are trained on
handling the case related to children in a sensitive and sensible manner.
Parents and teachers need to be vigilant about the behaviour and unusual reactions of
children. Inclusion of themes like skill development (vocational and technical) stress
management, anger management, tolerance in the curricular and co curricular activities can
also help in controlling abrupt reactions of the under eighteen along with physical activities
and volunteer work.
Media, instead of glorifying the villains and criminals must depict the realities as how one
can suffer by getting in conflict with law.
Juvenile Justice- SPARC

...................................................
Overview
Juvenile justice is the area of criminal law applicable to persons who at the time of commission of an
offense have not attained the age of 18 years. The main goal of a juvenile justice system is
rehabilitation rather than punishment for juvenile criminal behaviour: to avoid the stigmatisation
resulting from a criminal conviction and the phenomenon of reoffending.
It is not possible to know the exact number of prisoners, including children, in jails at any given time
simply because the number changes daily as some prisoners are released and new ones are brought in.
However, as of December 2014, there were 1,456 children in Pakistan’s jails. Only 733 of these had
been convicted and the remaining 623 children were still under trial.
SPARC is working to create awareness about the plight and needs of children in conflict with the law,
about Pakistan’s juvenile justice system and about the international guidelines and agreements
concerning juvenile justice. We train relevant authorities about their responsibilities under the Juvenile
Justice System Ordinance 2000 and about child rights. We also work to improve conditions in the
juvenile sections of jails and to secure the release of as many children as possible.
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Although there are a number of laws and constitutional guarantees for the protection of the rights of
children accused or convicted of crimes, in reality they are seldom upheld. Juvenile prisoners, the
majority of whom are under trial, are among the worst off in Pakistan. Immediately following arrest and
during police remand, children suffer in police custody and are maltreated by the police authorities.
They are denied access to legal aid, and their relatives.
While in prison, children are subjected to degrading and inhuman treatment. Sadly, the juvenile inmates
in prisons face problems such as overcrowding, malnutrition, physical, mental and sexual abuse and a
lack of medical care, recreational and entertainment. Many times, when convicted, sentences are in
flagrant violation of the key principles of juvenile justice, i.e., rehabilitation and the primacy of the well
being of the child. The prudence behind a juvenile justice system is reformation exclusively. Any child
when he or she comes into conflict with the law, should be treated as such.
Approaches and Strategies
Despite the children’s rights set out in the UNCRC, other international human rights standards as well
as national laws especially the federally applicable JJSO, children’s rights are being violated on a daily
basis in the justice system of the country. Numerous children suffer and the juvenile justice system of
Pakistan is still in need of further improvement and reform.
Under the JJSO, following are the rights of the child who comes into conflict with law:
▪ Not to be handcuffed, given corporal punishment or made to do labor, or awarded

the death sentence (Section 12)
▪ To be considered a child if under 18 years of age (Section 2 (b))
▪ To be given legal aid at the expense of the State (Section 3 (1))
▪ To be tried by a juvenile court (Section 4);
▪ The case to be decided within four months of the court taking notice of the offense
(Section 4)
▪ To be tried separate from adults – no joint trials (Section 5)
▪ To be given medical assistance at the expense of the State (Section 6 (6))
▪ To be produced before the medical board for the determination of age if a question
arises as to the age (Section 7)
▪ Protection of identity (Section 8)
▪ To be released on bail in all bailable offenses by the SHO; or by the Juvenile Court if
the SHO has not released the child on bail (Section 10)
▪ To be placed under the custody of a probation officer or a suitable person or
institution dealing with the welfare of the children if a parent or guardian of the child
is not present; under no circumstance to be kept in a police station or jail in such
cases (Section 10 (3))
▪ To be released on probation under the custody of a probation officer or responsible
guardian (Section 11) or to be sent to a Borstal Institute
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Recommendations
▪ A separate juvenile justice policy and the allocation of adequate funds for the
implementation of the policy.
▪ Child rights, the JJSO and the role of the probation and parole system integrated into
the training syllabus of the judiciary, police and prison staff.
▪ Exclusive juvenile courts should be established to try the cases of juveniles with an
adequate allocation of funds.
▪ Adequate funds should be allocated for free legal aid to children through panel of
lawyers.
▪ An appropriate national policy for the improvement of the probation and parole
system in the country should be formulated.
▪ Appoint probation officers in each district of Pakistan and at least one female
probation officer in the divisional headquarters of all four provinces, Gilgit Baltistan
and AJK.
▪ Detention should be considered as a last resort and if children are detained, it should
be for the shortest period of time. Children including females should be kept away
from the adult prisoners and this should be strictly adhered to.
▪ Borstal institutes should be established in all the provinces and should be operated
under Borstal laws; the staff at these institutes should be separate and not
transferred from the regular prisons and jails.
Legal Reform
The national legislation in Pakistan also requires urgent reform in line with the UN CRC and other UN
Guidelines on juvenile justice (including the Riyadh Guidelines, the Beijing Rules, and JDLs)
▪ To ensure that children below the age of 18 are accorded the protection of separate justice
provisions and are not treated like adults.
▪ The JJSO should be extended to Gilgit Baltistan.
▪ Borstal laws should be introduced in the provinces which lack any such laws such as
Balochistan and Khyber Pakhtunkhwa.
▪ To set the minimum age of criminal responsibility at a suitable level with due regard for the
protection of all children above and below that age and in accordance with international
human rights standards.
▪ To ban life imprisonment and other inhuman and degrading sentences and treatment for
crimes committed by children under the age of 18 at the time of the offense.
▪ All relevant laws including the Anti Terrorism Act (ATA) 1997, the Control of Narcotics
Substances 1997 and the Hudood Ordinances 1975 should be amended.
▪ Section 14 of the JJSO should be amended to override other laws to prevent the death
penalty for juveniles.
▪ The Frontier Crimes Regulations (FCR) 1901 should be repealed.
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MONEY LAUNDERING
INTRO:
“Money laundering and terrorist financing continue to cripple economies,

distort international finances and harm citizens around the globe,” says the
report. It estimates the amount of money laundered worldwide ranges from
$500 billion to a staggering $1 trillion.
Pakistan has improved its ranking in the global Anti-Money

Laundering (AML) and Terrorists Financing index, but is still on
the list of countries that have a significant risk of AML and TF,
according to the Basel AML report 2018released on October 9.
Pakistan improved its ranking by 0.08 points to finish at the 6.49-point
level this year on the Basel AML Index, an independent annual ranking that
assesses the risk of money laundering and terrorist financing around the
world.
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Among 129 countries assessed for the 2018 report, Pakistan ended up
among 83 countries with a risk score of 5.0 or above. With 2.57 points,
Finland has the lowest level of risks while Tajikistan faces the highest risk
with 8.30 points
he report says the apparent low level of effective enforcement of AML and
TF measures is the biggest problem identified in the AML index.
The Basel index uses Financial Action Task Force (FATF)’s Mutual
Evaluation Reports as a key indicator for its report. The FATF’s evaluation
report assesses a country’s legal and institutional AML and TF framework
and its implementation in line with 40 recommendations. These
recommendations are designed to improve AML and TF legislation, law
enforcement, and international cooperation.
Based out of Paris, the FATF is an inter-governmental body that combats

money laundering, terrorist financing and threats to the international
financial system. It placed Pakistan on its grey list, which means it is among
countries that have deficiencies in their AML and Countering of Terrorist
Financing (CTF) regulations.
The FATF team is in Pakistan for two weeks to hold consultation meetings
with senior Pakistani officials and assess the country’s progress on
compliance with the AML and CFT standards.
A 2009 APG report says, “There is evidence that criminals laundering funds
in Pakistan are purchasing real estate, abusing corporate entities to access
the financial sector, laundering money through trade and abusing formal
channels in Pakistan.”
Funds for terrorism came from proceeds of crime including robbery, kidnap
for ransom and proceeds of drugs flowing Afghanistan with cases of cash
couriers and misuse of charities facilitating terrorist financing.
Pakistan has criminalised both money laundering and terrorist financing
but it has not been able to enforce these laws effectively. If Pakistan doesn’t
improve its AML and CFT regulations, it faces the risk of being put on
FATF’s black list, which might come with sanctions.
Pakistan has criminalized money laundering (ML) and terrorism financing (TF). Pakistan
set up its Financial Intelligence Unit (FMU) in December 2007. Pakistan has taken steps
to make the FMU operational. In this background, the present legal set up of AML
regulations has been reviewed in this article.
For prevention of money laundering and forfeiture of property derived from, or involved
in, money laundering and for matters connected therewith or incidental thereto; the
Government of Pakistan enacted, The Anti-Money Laundering Ordinance, 2007 (AMLO),
it came into force with effect from 4th day of October 2007.1 The said Ordinance lost its
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legal authority in 2009,2 consequently, the parliament enacted the new law, namely, the
Anti-Money Laundering Act, 2010(AMLA).3
For carrying out the operation of Anti-Money Laundering law and to meet its purpose,
the Financial Monitoring Unit (FMU) stands established with the approval of National
Executive Committee, and the said institution issued the Anti-Money Laundering
Regulations, 2008
Anti Money Laundering (AML) in Pakistan
Money laundering in Pakistan is a pervasive problem. Financial crimes related to narcotics

trafficking, terrorism, smuggling, tax evasion, and corruption remain a significant problem in
Pakistan. The proceeds of narcotics trafficking and funding for terrorist activities are often laundered
by means of the alternative remittance system called hawala. This system is also widely used by the
Pakistani people for legitimate purposes.
The State Bank of Pakistan (SBP) has in the past issued detailed AML/CFT regulations, as well as
guidelines on a risk-based approach in 2012. The SBP is the regulator for AML controls for banking
and related services while the Securities and Exchange Commission (SECP) is the regulator for all
other entities. Other regulatory authorities include the National Accountability Bureau (NAB), the
Anti Narcotics Force (ANF), the Federal Investigative Agency (FIA), and the Customs Authorities
oversee Pakistan’s AML law enforcement efforts.
The major laws in these areas include:
The Anti-Terrorism Act of 2002, which defines the crimes of terrorist finance and money laundering
and establishes jurisdictions and punishments (amended in October 2004 to increase maximum
punishments).
The National Accountability Ordinance of 1999, which requires financial institutions to report
suspicious transactions to the NAB and establishes accountability courts.
The Control of Narcotic Substances Act of 1997, which also requires the reporting of suspicious
transactions to the ANF, contains provisions for the freezing and seizing of assets associated with
narcotics trafficking, and establishes special courts for offenses (including financing) involving illegal
narcotics.
All these laws include provisions to allow investigators to access financial records and conduct
financial investigations.
In 2007, Pakistan enacted the AML Ordinance, establishing regulations for AML and combating the
financing of terrorism and criminalizing money laundering. Under the Ordinance, the Financial
Monitoring Unit (FMU) is created. The FMU serves as Pakistan's FIU and is in charge of handling
Suspicious Transaction Reports (STRs). In 2010, the SBP passed the Anti-Money Laundering Act,
replacing the 2007 AML Ordinance.
The FMU works with several Pakistani law enforcement agencies that are responsible for enforcing
financial crime laws, including the National Accountability Bureau (NAB), the Anti-Narcotics Force
(ANF), the Directorate of Customs Intelligence and Investigations (CII), and the Federal Investigative
Agency (FIA).
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The FIA deals with crimes relating to money laundering, terrorism, human smuggling and trafficking,
and cybercrime, among others.
The State Bank of Pakistan (SBP) and the Securities and Exchange Commission of Pakistan (SECP) are
the primary financial regulators. Notwithstanding the absence of standalone AML legislation, the
SBP and SECP have independently established AML units to enhance their oversight of the financial
sector. The SBP has introduced regulations intended to be consistent with the Financial Action Task
Force’s (FATF) recommendations in the areas of a Know Your Customer (KYC) policy, record
retention, due diligence of correspondent banks, and the reporting of suspicious transactions.
AML Training in Pakistan
In accordance with Pakistan’s 2007 AML Ordinance, a General Committee must be in place to review
all training programs related to Anti-Money Laundering (AML). An ongoing comprehensive training
program is essential for the continued growth and success of financial institutions in Pakistan.
Pakistan’s anti-money laundering laws
ZAFAR AZEEM JUN 28TH, 2012 ARTICLE
Pakistan's anti-money laundering laws consist of Anti-Money Laundering Ordinance, 2007 and Anti-
Money Laundering Regulations 2008. An attempt has been made in this paper to highlight the main
provisions and characteristics of these laws for understanding the same.
To provide for prevention of money laundering and forfeiture of property derived from, or involved
in, money laundering and for matters connected therewith or incidental thereto; the government
enacted, the Anti-Money Laundering Ordinance (hereinafter referred to as Ordinance), which came
into force with effect from 4th day of October 2007.1
Among other things, the ordinance defines the terms such as accounts transaction, financial
institutions, foreign serious offences, predicate offence, and suspicious transaction report.2
The government in order to implement the law established the Financial Monitoring Unit (FMU) in
the State Bank of Pakistan (SBP).3 The main function of the FMU is to receive suspicious Transaction
Reports (STR) and reports on Currency Transaction (CTR) of specified monetary limit. The FMU after
the receipt of said reports is required to:4
i) analyse the STRs and CTRs;
ii) disseminate information to the investigating agencies;5
iii) create and maintain data base of STRs and CTRs;
iv) to cooperate with FIUs and intelligence agencies of other countries.
v) to frame regulations in consultation with SBP.
All financial institutions are required to submit STRs and CTRs where they know or suspect or have
reason to believe that the suspected transaction is an outcome of:
a) illegal activities or the same is intended or conducted in order to hide or disguise proceeds of
crime;
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b)an attempt to evade any requirement of Anti-Money Laundering Law; and
c)is an outcome of unlawful purpose.6
Where a property is suspected to be an outcome of money laundering, an officer investigating such

matter may make an order for the attachment of the property. The officer who makes an
attachment of the property is required to file a complaint before the court against the concerned
persons within a period of 30 days.7
The investigation officer is required to initiate investigation within seven days after the attachment
of the property and where the officer comes to the conclusion that such property is an outcome of
money laundering, may ask the court to confirm the attachment.8
The investigation officer has the power to search, seize and arrest persons engaged in money
laundering subject to taking permission of the court.9
All courts of sessions established under the Code of Criminal Procedure, 1898, within its territorial
jurisdiction have the power to try and adjudicate the offences falling within the purview of
Ordinance.10
All offences under the Ordinance are not cognisable and non-bailable. The court can take cognisance
of such offence upon a complaint made by the investigation officer or by an authorized officer of the
Federal or provincial government.11
An appeal against any final decision or order of the court established under the Ordinance lies
before the High Court on any question of law or fact arising out of such decision order.12
Any investigation office who exercises powers under the Ordinance but acts without the permission
of the court is liable to punishment under the Ordinance.13
Tipping of and confidentiality requirements have been defined in the law.14 The Ordinance is not
applicable in relation to fiscal offences.15 The offences falling within the purview of Ordinance have
been defined.16
The following are examples of potential suspicious transactions for both money laundering and
terrorist financing. The lists of situations given below are intended mainly as a means of highlighting
the basic ways in which money may be laundered.
1. Transactions which do not make economic sense.
2. Transactions inconsistent with the customer's business.
3. Transactions involving large amounts of cash.
4. Transactions involving structuring to avoid reporting or identification requirement. Transactions

involving forcing currency exchanges that are followed within a short time by wire transfers to
locations of specific concern (for example, countries designated by national authorities, FATF non-
co-operative countries and territories, etc).
5. Transactions involving accounts.
6. Transactions involving transfers to and from abroad. Stated occupation of the transact or is not
commensurate with the level or type of activity (for example, a student or an unemployed individual
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who receives or sends large numbers of wire transfers, or who makes daily maximum cash
withdrawals at multiple locations over a wide geographic area).
7. Investment related transactions.
8. Transactions involving unidentified parties.
9. Transactions involving insurance. A customer obtains a credit instrument or engages in

commercial financial transactions involving movement of funds to or from locations of specific
concern when there appears to be no logical business reasons for dealing with those locations.
10. Transactions involving embassy and foreign consulate accounts.
The investigation officer has the power to search, seize and arrest persons engaged in
money laundering subject to taking permission of the court.29
All courts of sessions established under the Code of Criminal Procedure, 1898, within its
territorial jurisdiction have the power to try and adjudicate the offences falling within the
purview of AMLA.30
All offences under the AMLA are not cognizable and non bail able. The court can take
cognizance of such offence upon a complaint made by the investigation officer or by an
authorized officer of the Federal or Provincial government.31
An appeal against any final decision or order of the court established under the Act lies
before the High Court on any question of law or fact arising out of such decision or order
within a period of sixty days.32
Any investigation office who exercises powers under the Act but acts without the
permission of the court is liable to punishment under the Act.33 For the purposes of this
act, NAB, FIA, ANF or any other law enforcement agency specified by the Federal
Government are the investigation and prosecution agencies.33A
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Criminal investigation:
Criminal Investigation is the use of scientific methods to help identify suspects, gather evidence and
collect information (Apprehend) , all of which are done in an effort to convict offenders. The
investigator must be able to construct hypotheses and draw valid conclusions relating to the
problem of when and how the crime was committed. A complete criminal investigation
caninclude searching, interviews, interrogations, evidence collection and preservation and various
methods of investigation. Although the criminal investigation system is a worldwide phenomenon,
each country has their own approach to criminal investigation. Similarly, Pakistan also has its own
system, which mainly consists in Code of Criminal Procedure 1898, Police Rules 1934 and Police
Order 2002.
Principles of Crime Scene Investigation

Criminal investigation is an ancient science that may have roots as far back as c. 1700 BCE in
the writings of the Code of Hammurabi. In the code it is suggested that both the accuser and the
accused had the right to present evidence they collected
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The key principle underlying crime scene investigation is a concept that has become known
as Locard’s Exchange Principle. It states that whenever someone enters or exits an environment,
something physical is added to and removed from the scene. This principle is generally summed up
by stating:
“The logic behind this principle allows investigators to link suspects to victims, to physical objects,
and to scenes. Any evidence that can link a person to the scene is referred to as associative
evidence. This may include items such as fingerprints, blood and bodily fluids, weapons, hair, fibers
and the like. This type of evidence answers the question “Who did this?”
While associative evidence links people to the place of the crime, reconstructive evidence allows
investigators to gain an understanding of the actions that took place at the scene. A broken window,
a blood spatter pattern, bullet paths and shoe prints can all reveal what actually happened. This type
of evidence answers the question, “How did it happen?”very contact leaves a trace.”
Principles of investigation
There are a number of investigative principles which are widely accepted within the police service.
The principles are underpinned by the recognition that policing works best where it has the support
and cooperation of the community.
These principles propose that:
• the exercise of legal powers should not be oppressive and should be proportionate to
the crime under investigation
• as far as is operationally practical and having regard to an individual’s right to confidentiality,
investigations should be carried out as transparently as possible – victims, witnesses and
suspects should be kept up to date with developments in the case
• investigators should take all reasonable steps to understand the particular needs of
individuals, including, but not limited to, any protected characteristics they may have, in
order to comply with the provisions of the Equality Act 2010
• investigators should have particular regard for vulnerable people and children
• investigators should respect the professional ethics of others. This is particularly important
when working with those whose role it is to support suspects.
These principles, the investigation process, and an investigative mindset provide a structure to
support quality investigations.
Ethics
The activities and processes of criminal investigation can attract considerable attention, partly due
to media coverage of crime and criminal behaviour, but also because of the impact crime has on
individuals and communities.
To build and maintain public confidence, the police have a responsibility to ensure that
investigations are carried out professionally, ethically, and to an agreed standard. Under the remit of
the national policing crime business area (CBA) portfolio, the professionalising investigation
programme (PIP) was introduced to support this quality approach to investigations.
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The success of an investigation relies on the goodwill and cooperation of victims, witnesses and the
community. Investigators should be aware that:
• investigations should be conducted with integrity, common sense and sound judgement
• heavy-handed, discriminatory or disproportionate actions risk losing cooperation and
any future criminal proceedings
• effective investigators maintain a balance that recognises the concerns of all the parties
involved
• understanding the response to crime assists investigators to build this relationship
• a professional approach to investigations benefits the victim, the public and
the police.
Investigative skills
Investigators need to be skilled in the following areas:
• the planning required to conduct an investigation and the investigative process

• decision making and how it can be improved by applying the investigative mindset
• investigative and evidential evaluation (which can assist the investigator to determine
the value of material gathered during the investigation)
• creative thinking
• challenging experts
• victim and witness care.
Where routine investigative actions have failed to gather sufficient material, investigators
should explore alternative methods. Creative thinking may be required to determine the most
appropriate type of action that is needed to progress an investigation, but this does not mean that
the high legal standards and integrity expected of investigators should be compromised.
Investigators need to be open to the ideas and experiences of others. Colleagues and supervisors are
a readily available source of investigative information and investigators should consult them when
trying to identify the most appropriate action to take in any given case.
Most forces have various specialist investigation units, such as intelligence or covert policing teams,
which are a valuable source of information about specific types of investigation techniques.
Effective investigations
Actions taken during an investigation must be proportionate to the crime under investigation and
take account of local cultural and social sensitivities.
The police service enjoys a high level of support, but this can be undermined in specific instances
and among specific communities if they lose confidence in the effectiveness of the police or the way
in which police powers are exercised.
Benefits
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Every investigation provides the individual investigator and the police service with a unique
opportunity to recognise and understand the impact of criminality on a community. This knowledge
can be used to settle local priorities.
Conducting ethical investigations helps to ensure that individuals and communities have confidence
in the effectiveness of the police service and in the fairness of the processes and techniques they
use.
Gaining the support and confidence of communities also helps to cultivate sources of intelligence for
the future and reduce the fear of crime.
Investigators should remember that offenders are members of communities too and can influence
others about the police. Offenders may become victims and witnesses themselves. If they believe
that they have been treated ethically during an investigation, they are less likely to form, and
communicate a negative view of the police to others, and are more likely to cooperate with
investigations in the future.
Nationally, the integrated offender management framework allows partner agencies to work
together to ensure that offenders are managed in a coordinated way.
Identification of a criminal who has left no fingerprints or other conclusive evidence can often
be advanced by analysis of the modus operandi; professional criminals tend to stick to a
certain technique (e.g., forcing entrance), to seek certain types of booty, and to leave a
certain trademark (e.g., the means by which a victim is tied up). Criminal-investigation
departments compile such data, as well as lists of stolen and lost property, and have ready
access to such public records as automobile and firearms registrations and such private
records as laundry and dry-cleaners’ marks, pawnshop and secondhand-dealers’
transactions, and many more.
Information flows in more or less continuously from police informants and undercover
agents. Wiretapping and other electronic-surveillance methods have become extremely
important, though subject to legal restraints.
Interrogation of suspects is one of the most important functions of criminal investigation. In
most countries this proceeding is delicate because a confession gained in violation of the
suspect’s rights can be repudiated in court. The use of the polygraph, or lie detector, is also
subject to widespread courtroom limitations.
Of increasing assistance in criminal investigation is the crime laboratory, equipped to deal
with a wide range of physical evidence by means of chemical and other analysis.
Techniques of identification, especially fingerprinting, and more recently voiceprinting and
even “DNA fingerprinting” (a technique that is still experimental), have come to prominence
in modern investigation. Photography and photomicrography, document examination,
ballistics, and other scientific techniques are also standard crime-laboratory tools. Forensic
medicine can supply analysis of blood and urine and identify traces of chemical substances
in bodily organs of homicide victims.
Pakistan:
In Pakistan, two modes have been provided in the Criminal Procedure code 1898, to set a criminal
law in motion:
96
1) First Information Report ( Generally called FIR) and
2) Complaint
FIR is lodged under section 154 of CrPC, whereas complaint is lodged by aggrieved person under
section 200 of the same code.
The CrPC has divided the offences into two classes, COGNIZABLE and NON-COGNIZABLE offences.
For the former, a police officer may arrest the accused without a warrant from a magistrate while for
the latter, the police officer is not competent to arrest without warrant .
3 stages in criminal case- Investigation ( police officer either himself or under magistrates order
investigates a case , if seesn an offence been committed then sends case to magistrate) , Inquiry (
trial, ascertains facts to either convict, discharge or acquit him) and trial (acused is place on trial
before sessions court).
In Pak, the SHO (station house officer) is empowered to investigate the case himself of to depute a
subordinate to proceed to the spot to investigate the facts and circumstances of the case and if
necessary to take measures for the discovery and arrest of the offenders.
Phases of investigation- the main objective of a police investigator is to gather all facts in order to:
1) Identify the suspects through confession, eye witness testimony, circumstational evidence
and associate evidence
2) Locate and apprehend suspects
3) Gather and provide evidence to establish the guilt of the accused in court.
Typical evidence in investigation- photos, sketching scene crimes, written notes of observations,
fingerprints, tape recordings, plaster cast. Cctv footage, witness statements.
Oversights of investigation: no template, inadequacy of coordination, failure to prosecute, chain of

custody, less appreciation of electronic evidence.
Kinds of criminal investigation: Due to diverse nature of the crimes, there are specific investigation
techniques for almost every crime.
Fraud- considered to involve mispresentation with intent to deceive.
Rape- dna profiling, prepatator identification.PCR rection which allows analysis of evidence samples
of limited and quality by making millions of copies of very sall amount of DNA.
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Intelligence operations: intelligence can be used to describe the process of interpereting information
to give a meaning. Should take advantage of all these facilities.
Database investigation
Electronic crime investigation
Forensic investigation.
Techniques: policeman cannot act arbitrarily, capriciously and whimsically. He is bound by law as any
other person. Obliged to conduct fair, impartial and honest investigation to collect the evidence
produced by the prosecution and that by the accused.
Gathering infor by police.
Interrogation- FROM BOOK
Criminal investigative analysis – from book
Ethics
Police reforms
Mohammad Ali BabakhelMay 28, 2018
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THE chief justice of Pakistan’s recently constituted police reforms committee (PRC) is a milestone in the
politics of police reforms. Traditionally, reforms were born of mutual understanding between ruling classes
and police top brass, with public consultation as the least of their priorities. Since 1947, there have been 21
reports on recommendations that were rarely implemented. In the face of serious internal security
challenges, this lack of political ownership has greatly impaired public safety in Pakistan.
By employing a diagnostic approach in the public’s interest, and forming a body solely of professional
police officers, the superior judiciary has for the first time reposed confidence in the institution’s top
brass’s ability to reform itself. It is now their duty to draft a report on how to transform it into an
autonomous public service.
Previously, proactive parliamentary interventions for police reform have not been a priority. The colonial
Police Act 1861 was substituted by the Police Order 2002, which was validated under the 17th and 18th
Amendments. Though PO 2002 temporarily liberated the police, it was disfigured by many changes even
before its efficacy was tested.
Amid jubilations over gains under the 18th Amendment, vested interests questioned PO 2002’s validity.
Legally, the authority to repeal PO 2002 does not rest with provincial assemblies. But according to their
interpretation, law enforcement is a provincial subject, therefore, so too are policing laws. Balochistan and
Sindh opted for PA 1861, Punjab kept PO 2002 with some changes, while KP enacted its own police law
in 2017.
Historically, law enforcement has been a provincial subject while police law remained in the federal
domain. The Pakistan Penal Code and Code of Criminal Procedure are followed by all provinces, while
senior management of the provincial police belongs to the federally administered Police Service of
Pakistan. So, with provincial consensus, either the original PO 2002 or a new federal law is to be adopted.
The terms of reference of the PRC include suggestions on improving the quality of investigation. Although
PO 2002 separated investigation from operations, increasing security needs, as well as a lack of training
and resources, diverted focus away from investigations towards (the more public and comparatively easier)
operations, resulting in dismal conviction rates and growing mistrust in the criminal justice system.
Police training at present focuses almost exclusively on physical training with little emphasis on the latest
investigation techniques. While some investigators have the enthusiasm and curiosity to learn on the job,
most view the investigation wing as a temporary stint before moving on to greener pastures.
Therefore, investigators should be recruited through a professional body that selects the best talent to
become permanent, non-transferable fixtures in their wings. They should then undergo specialised training
at a dedicated institute. To determine how many investigators to allocate at the district and station level,
the PRC needs a formula based on crime incidence rates and populations. In practice, officers in both
operations and investigation are evaluated on the same standards, whereas investigators need to be
assessed on specific indicators. Tying promotions of senior officers with mandatory tenure in investigation
wings will also improve quality and ownership.
To improve coordination among different pillars of the criminal justice system at the district level, Article
109 of PO 2002 provides for the establishment of a seven-member Criminal Justice Coordination Com-
mittee. Though it is a coordination body, it often assumes an administrative role, and therefore the PRC
should also review its listed functions.
The PRC also needs to address the weak communication link between investigators and victims, by
devising procedures that make it binding for investigators to appraise victims about the progress of their
case. Investigators should be trained to ensure that the satisfaction of victims is their top priority.
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While governments do allocate funds for investigation, most investigators are not aware of reimbursement
procedures. Working with the meagre funds typically available, investigators cannot employ the latest
techniques. Hence, for different types of crimes, standardised costs should be revised and notified. To
discourage corrupt practices and misuse of investigation funds, the public ought to be informed through
media. Public awareness will discourage corrupt elements from fleecing the innocents, thereby ensuring
that the financial burden on victims will be reduced. This sort of transparency will also improve the
police’s image in the public’s eyes.
Ultimately, reforms that do not improve the work environment and work culture at the police station level
may not yield the desired dividends.
The writer is the author of Pakistan: In Between Extremism and Peace.
Pakistan's police problems

Ali Eteraz
Fri 22 Feb 2008 08.00 GMTFirst published on Fri 22 Feb 2008 08.00 GMT
Blaring out on the front-page of the New York Times is the headline: "Pakistan victors want
dialogue with militants." Very soon the pundits will cry that the democratically elected
leaders in Pakistan just want to coddle the terrorists. These intellectuals will then suggest
bombing, installing friendly tyrants, and if they are really hankering for book sales, agitate
for unilateral invasion. The reader will be left with a queasy feeling in his stomach: perhaps
democracy wasn't such a good idea at all.
Yet, when it comes to uprooting terrorism in Pakistan, democracy is probably the

best way of accomplishing that goal. This is because the primary tool that a
democratic regime uses to tackle militants is the police, which, due to its design,
civilian connections and close relationship with the judiciary, has the ability to
disable militant networks far more effectively than an army.
Oddly, when it comes to Islamic countries, especially Pakistan, we don't consider it

"fighting militancy" unless an army is involved and there are massive amounts of
bombing. Unless we see commandos chasing rebels, we don't consider it
counterterrorism. This is why the moment we see the Pakistani military withdraw
from the public sphere, we become nervous.
Yet, the idea that fighting terrorismis, or should be, the purview of an army, is a
deeply flawed and nonsensical one. This is especially true in a complex and highly
populated place like Pakistan. Terrorists and militants have attached themselves to
the underground economy, become diffused into neighbourhoods and schools, and
conduct themselves in a similar way to Italian and Russian mafias. Except for direct
and confrontational skirmishes involving rockets and explosions way outside of
civilian centres, the military should stay out of this war because they are not made for
stealth.
The right institution to go after terrorists and militants is the police (assisted by
domestic intelligence). Terrorism tries to take out the will of the civilians, and sucks
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at the morale of the public. The military is not the guardian of that morale; that duty
belongs to the police. And, as part of its strategy the police will, undoubtedly, from
time to time, have to talk to militants; not with the intention of coddling them, but
with the intention of removing them. The police will have to play one party against
another. It will have to give assurances to one group while it takes a stand against
another. It will have to engage in set-ups and framing.
I have spoken with high-ranking former police officers in Pakistan who have dealt
with secretive criminal networks in Pakistan. They agree that given the vast disparity
between their resources and the network's fluidity, the most effective strategy has
been to temporarily nurture a minor thug who sucks at the power of the established
criminal. The police, in allowing this minor-thug to develop, turn a blind eye to his
shenanigans as long as he goes after the established network. Sometimes the minor
thug will take out the entrenched power, at which point the police will arrest him
(since they have evidence against him from the start). If he fails to make inroads
against the established networks, the police will allow him to create an open war
against the established network, which creates opportunity for the police to insert
their informants. The military can't play these beguiling games of necessary deceit
and it doesn't have an attached court system that can put people away quickly.
The question then becomes: is the Pakistani police up to the monumental task of
dismantling, disrupting and prosecuting the vast networks set before it?
The short answer? No, not currently.
First of all, military rule has gutted the authority of the police. Why should anyone
obey the pistol when they have been playing in the shadow of tanks? This crisis of
authority can only be ameliorated by a long and sustained absence of the military
from the arena of law enforcement. General Kiyaniwill have to make sure of that.
Second, in Pakistan's previous encounters with democracy, the police have

essentially served as a private militia for the prime minister and his or her family.
Somehow this will have to change. The most effective way would be to encourage a
greater sense of professionalism within the police. The officers would have to be paid
enough that they do not take kickbacks from politicians or feudal lords. Also, it
would be helpful if the US and UK - rather than engaging in massive military dump-
offs of hardware to the military - assisted in the professionalisation of law
enforcement which would actually benefit the people of the country. In the past,
Pakistani police officers have regularly been sent up to join the UN peacekeeping
forces. It is now time for the flow to be the other way around: from international law
enforcement bodies into Pakistan.
Ultimately, when it comes to Pakistan, there are two levels of militancy. The higher
level is the secretive and nearly impregnable command structure situated around the
world, in Afghanistan, and in the tribal regions. The operational level, which is broad
based and Byzantine, includes footsoldiers and commanders situated in the cities,
madrasas, universities and other localised stations. These are the people who carry
out the attacks, recruit bombers and engage in extortionist fundraising. Someone has
to sever and disturb this broad-based operational level - which functions essentially
101
like a mafia - from the command or central hive. The institution best situated to do
this is Pakistan's police. Only once the police have disrupted these networks
sufficiently can the military take major action against the command. This is about the
only way to achieve a complete and crushing victory over militancy in Pakistan.
RECOMMENDATIONS To the Federal Government of Pakistan and Provincial Governments:
1. Repeal the Actions (in Aid of Civil Power) Regulation 2011 for the Federally Administered
Tribal Areas and Provincially Administered Tribal Areas, and replace the Frontier Crimes
Regulations (FCR) 1901, with an updated Penal Code, Criminal Procedure Code and Evidence
Act, in accordance with Article 8 of the constitution and internationally accepted human
rights standards. 2. Commit to the abolition of torture and other illtreatment of detainees in
all places of detention, and with the necessary financial and human resources take tangible
steps to implement international conventions that Pakistan has ratified, including the
International Covenant on Civil and Political Rights (ICCPR) and the UN Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). 3.
Address overcrowding in prisons by: a) enforcing existing bail laws, and urging the high
judiciary to hold trial court judges accountable for failing to grant bail according to the law;
b) passing a new law requiring judges to allow bail unless there are reasonable grounds to
believe the prisoner would abscond or commit further offences; and c) reforming the
sentencing structure for non-violent petty crimes and first-time offenders to include
alternatives to imprisonment, such as fines, probation, community service and psychological
and drug treatment. 4. Implement the federal Public Defender and Legal Aid Office Act and
pass and implement provincial equivalents without delay; and fund and support NGOs
providing free legal aid to prisoners until such offices are established. 5. Improve the quality
of prison staff by: a) making the inspectorate of prisons an autonomous organisation instead
of an attached department of the provincial home ministry; b) raising salaries, and linking
salaries and privileges to those of the police; c) ensuring recruitment on merit and
streamlining promotion mechanisms to allow the most deserving to be rewarded with
career advancement opportunities; d) building a training institution in each of the four
provinces; and e) improving the quality of instruction provided to prison staff through the
introduction of modern curricula, based on international standards. 6. Crack down on
criminality and improve prison security by: a) taking action against prison officials for failing
to enforce security-related regulations; b) preventing access to mobile phones; taking steps
to reduce substance abuse and other criminal activity within prisons; and taking action
against prison staff responsible for providing prohibited material to inmates; c) training
prison staff to more effectively quell riots and repel attacks by prisoners and providing the
staff with adequate equipment; and d) installing jamming devices and CCTVs in all major
prisons. 7. Improve conditions for prisoners and ensure that they are consistent with legal
requirements by: a) constituting criminal justice coordination committees at the national,
provincial and district levels, as mandated by Police Order (2002), and authorising them to
regularly visit prisons to examine conditions, determine prison administrators’ adherence to
law and raise prison-related issues with responsible government officials and policymakers;
b) constituting public safety commissions at the national, provincial and district levels, as
mandated by Police Order (2002), and extending their authority to hold prison officials
accountable for failure to uphold prisoners’ rights and to maintain required standards in
prison administration; Reforming Pakistan’s Prison System Crisis Group Asia Report N°212,
102
12 October 2011 Page iii c) ending the practice of putting condemned prisoners in death row
cells while their appeals are still pending, shifting them instead to general barracks; d)
investing in better medical care for inmates by allocating more resources and engaging with
philanthropists and NGOs to provide better facilities; e) building separate detention facilities
for women prisoners and ending the practice of housing them in separate barracks within
male prisons; f) eliminating the practice of keeping juveniles in regular prisons, including by
establishing functional borstal institutions in each province; and g) amending the Anti-
Terrorism Act (ATA), 1997, to require juveniles charged under it to be tried in juvenile courts.
8. Take steps toward the reintegration and rehabilitation of released prisoners by: a)
investing in education services and vocational training for inmates, particularly youth and
women, to inculcate skills needed to re-enter the workforce; b) improving the functioning of
probation and reclamation departments by developing specialised training and curriculums
for probation officers and prison staff in the National Academy for Prisons Administration
(NAPA), the Punjab Prisons Staff Training Institute and other training institutes; c) directing
each provincial home ministry to assess the number of probation and parole officers
required by existing and expected caseloads and to increase their numbers accordingly,
while providing them with proper offices and adequate facilities, including transport; and d)
engaging with probationers’ family members and encouraging community involvement in
their rehabilitation and reintegration. 9. End military-devised “de-radicalisation” programs,
developing instead a holistic policy aimed at preventing jihadi recruitment, including
separating juveniles and other minor and first-time offenders from the adult prison
population; making bail the norm rather than the exception; and establishing an effective
probation and rehabilitation regime along the lines suggested above. To the International
Community, in particular the U.S.: 10. Support the government’s reform agenda, allocating a
substantial portion of civilian law enforcement assistance to prison reform, with a focus on:
a) improving training programs for prison staff based on revised curriculums that bring
existing prison procedures in line with international standards; b) supporting the
computerisation of prison and probation records; c) working with training institutes to
improve training for probation personnel and with reclamation officials/departments to
rehabilitate and reintegrate released prisoners into society and the workforce; and d)
supporting NGOs that provide legal aid, education, and vocational training to prisoners,
particularly juveniles. 11. Urge the Pakistan military to provide international and domestic
humanitarian agencies, including the International Committee of the Red Cross (ICRC),
complete access to the estimated thousands of detainees, including juveniles, under its
custody, including that of its intelligence agencies, in Balochistan, Khyber Pakhtunkhwa and
FATA. 12. Condition military assistance on the Pakistani military immediately ending
practices that violate international conventions and basic international legal standards,
including illegal detention, collective justice, torture, and extrajudicial killings; and scrutinise
the military’s actions when reporting on Pakistan’s compliance with the ICCPR, UNCAT and
other treaties. Islamabad/Brussels, 12 October 2011
PROBATION AND PAROLE:
103
In the existing criminal justice system of Pakistan alternatives to imprisonment have their legal basis
at the pre-trial stage in the form of bail; at the sentencing stagewith fines and probation; and at the
postsentencing stage with parole. The public are comparatively more familiar with the term bail and
it is the most commonly exercised non-custodial measure in court settings. In contrast, probation
and parole services are the least practiced alternative, depriving people in conflict with the law of
their inherent right to freedom, family life and of becoming productive citizens of society. In recent
decades, the retributive model of punishment is losing ground to the more humane models of
community rehabilitation and restorative justice, which are often more effective at reducing
reoffending, and enhancing the importance of non-custodial sanctions that serve the best interest of
the offender and the victim. Evidence suggests that successful community reintegration of an
offender also benefits the community in terms of safeguarding them from the negative impacts of
crimes as well as giving better value of taxpayers' money in comparison to public expenditure on an
offender in prison.
In Pakistan the majority of the prisons are overcrowded, which contributes to the emerging issues
of poor health and hygiene, high risk behaviour (e.g suicide, unprotected and forced sexual contact,
drug misuse), and poor prison management leading to torture, riots and corruption. The lack of
proper rehabilitation services also puts prisoners at a high risk of reoffending, particularly
criminalising first time offenders or those who have committed minor offences. According to the
Human Rights 5 Commission of Pakistan , about 64% of the total prison population are remand
prisoners awaiting their court decision. An effective and efficient probation and parole system can
play a vital role in community rehabilitation of offenders and reducing the prison population, which
in turn contributes to better prison management and the overall improvement of prison conditions.
The overall mandate of the Directorates of Reclamation and Probation include: to 'kill the crime not
the criminal'; to reduce overcrowding in prisons; to cut down government expenditure on prisons;
and to rehabilitate and re-integrate offenders as law-abiding citizens. However, a lack of political
will, inadequate human/skilled resources and weak infrastructure are hindering their potential to
play an effective role in the criminal justice system of Pakistan.
Provincial differences do exist in the distribution and designation of staff, however overall
functioning is identical and governed by the legal instruments of: lProbation of Offenders Ordinance
(XLV of 1960); and the West Pakistan Probation of Offenders Rules, 1961 lThe Good Conduct
Prisoners' Probational Release Act, 1926; and the Good Conduct Prisoners' Probational Rules, 1927
lJuvenile Justice System Ordinance 2000 and its Rules for Implementation
Parole and probation are procedures for release of convicted offenders or adjudicated delinquents
on a conditional basis in order to assist them in pursuing a non-criminal life, with the proviso that
they may be committed or returned to a correctional institution if their behaviour after release fails
to meet standards of the releasing authority. If granted by an administrative agency to someone
who already has served part of a term of confinement this release is usually called parole in the
United States and license in Britain. If granted by a court as an alternative to 6 incarceration this
release is generally called probation . These provisions were primarily promulgated for the benefit of
“first time” and offenders seen as able to reform who are capable of leading a useful and productive
life so as to minimise their chances of becoming hardened criminals due to the effects of
imprisonment. 2.1.1 Probation Under the Probation of Offenders Ordinance 1960, probation is the
suspension of the imposition of a sentence of imprisonment or the postponement of final judgment
in a court case. It is a judicial warning given to an offender for non-serious offences for the 2.1
104
Definitions, procedures and statistics 6. International encyclopedia of Social Sciences P NAL R ORM 7
PROBATION AND PAROLE SYSTEM IN PAKISTAN ASSESSMENT AND RECOMMENDATIONS FOR
REFORM opportunity to reform him/herself and commit no more offences, as well as be subject to
additional conditions which may be imposed by the court and under the supervision and guidance of
a probation officer.
According to the Ordinance, the Trial Court may, keeping in view the age, character, health &
background of the offender, and the nature & circumstances leading to the offence, discharge any
offender after due admonishment, who has committed an offence punishable with imprisonment
not more than two years.
Once released on probation, the concerned probation officer is to supervise, monitor and facilitate
rehabilitation of the offender in the community. In practice however, a probation officer's role is
ineffective in the rehabilitation of offenders due to an inadequate institutional and personal
capacity. The duties and functions of the probation officer after release of the offender on probation
are mentioned in section 13 of the Probation of Offenders Ordinance 1960 and its Rule 10
2.1.2 Scope of the Probation of Offenders Ordinance 1960 Ø
The Pakistan Probation of Offender Ordinance 1960 is limited in its scope as: Probation is not
extended to all types of offences. The personal characteristic, the needs of the offender and the type
of offence is taken into consideration while issuing a court probation order thus depriving the first
time offenders in heinous crimes to benefit from probation. Instead, a comprehensive risk
assessment should be given prime importance while deciding the cases fit for probation and not
purely Ø the nature of an offence. The probation law is applicable to both male and female
offenders, however the law is more lenient towards female offenders. In addition to the offences
punishable by death or life imprisonment, the probation law is not applicable to male offenders
convicted of offences of heinous nature as described in the Pakistan Penal Code of 11 1860. In
contrast, female offenders are eligible for a probation order in all offences except offences
punishable by the death penalty.
2.1.3 Parole
Parole refers to the conditional release of prisoners or offenders in certain cases before the
completion of the term of imprisonment to which they have been sentenced. With parole the
prisoners serve the last portion of their sentence in the community after completing a mandatory
period of substantive sentence in prison as required under the good conduct Prisoner's Probational
release Act, 1926 and Rules 1927. Under these rules, the Executive (Home Secretary) of the province
is empowered to release certain offenders on parole. When the provincial government is satisfied
that a prisoner's track record or good conduct behind bars suggests that he or she would likely
abstain from crime and would lead a “useful and industrious life” in the community, it may grant a
license of release on the condition that the prisoner remains under the supervision of a parole
officer or a “secular institution or of a person or society professing the same religion as the
prisoner”.
The Assistant Director and parole officer are also authorised to visit the jails to select suitable
prisoners for release on parole. The evidence shows these visits are not frequently carried out due to
a low number of parole officers and weak coordination between prison management and the parole
officers. In most of the districts, the probation officers have been assigned additional duties of a
parole officer to cover the issue of under-staffing
105 www.CSSExamPoint.com105
Scope of parole system:
The parole system is primarily based on The Good Conduct Prisoners' Probational Release Act, 1926
and its Rules, 1927; and executive orders for implementation. Some of the provisions/executive
orders limit its scope and need addressing, for example: Parolees must be employed a minimum of
45 miles away from their immediate families and can meet their families by taking casual leave with
the approval of the relevant parole officer. The parolee becomes eligible for casual leave after
completion of the first six months of the parole period. This is a clear violation of the right to family
life and contradicts the basic philosophy of community reintegration of the prisoner released on
licence (parole). Security and safety of the parolee and others were the main reason given for such
restrictions. There is no second opinion to the security and safety of the parolee and community;
however we should avoid generalisation of such provisions on the basis of some worst case studies
where the parolee put himself or community at high risk of harm. This again call for comprehensive
risk assessment of each individual case eligible for conditional release on parole where such
restrictions of distant working can be put on high risk cases in the best interest of parolees, family
and community.
A parolee's access to his/her own money during parole and having no personal Bank Account is
another area that needs extensive debate on the part of legal experts and legislators to make the
process less procedural.
2.1.4 Difference between probation and parole
Probation and parole both serve the purpose of community rehabilitation and reintegration of
offenders. The main structural and procedural differences between the two non custodial Ø
sanctions are: Ø probation is given by the judiciary while parole is authorised by the Executives;
probation refers to suspending the sentence or postponement of decision while parole is given in
the last portion of the sentence after a prisoner's has completed mandatory Ø imprisonment; and
There is a dire need to involve mentors and volunteers under the guidance and supervision of
probation and parole officers to improve service delivery. Students from Universities can also be
engaged for completion of their study field work with DRP that would contribute addressing staffing
issue and would bring the rich knowledge base to the service e.g students from the fields of social
work, sociology, psychology who will have studied criminology as part of their curriculum.
3. International framework supporting non-custodial measures: Many of the international legal

instruments cover the subject matter of alternatives to imprisonment. The United Nations Standard
Minimum Rules for Non-custodial Measures (The Tokyo Rules) were exclusively formulated for this
purpose.
Challenges and recommendations:
At present, no transportation facilities are provided to probation and parole staff to carry out their
field work. The probationers as part of their probation order attend the offices of their assigned
officers. Limited money is allocated for transportation purposes and when a community visit is
106
deemed necessary, the probation officers use public transport which in cases of remote areas from
district headquarters often results in de-motivation of the probation officers due to dismal public
transport facilities which again is subject to availability at a particular time of the day. s. It is highly
recommended that civil society organisations through effective advocacy and media campaigns
influence the decision makers to prioritise provision of office accommodation and equipments
(telephone, fax, computer printers) to make the probation and parole officers accountable and able
to play their due role in the rehabilitation and community l reintegration of offenders.
-Having up to date infrastructure and equipments is important but also needs skilled and
knowledgeable R&P staff to ensure its effectiveness. Investment in human capital is necessary in
order to yield the desired results. At present no regular trainings are held for R&P personnel. It is
recommended that chapters on probation and parole system should be added to the training
curriculum of judicial academy, police training academies and to update the syllabus of the National
Academy for Prison Administration. Multi-agency focused trainings are required to empower the key
players in criminal justice system to offer their services in a more holistic and integrated manner.
This will also help to bridge the communication gap between the judiciary, police, probation and
prison departments. The capacity building component can best be achieved through involvement of
civil society organisation to design public private partnerships. Such interventions will pave the way
for more sustainable system change. Sensitisation trainings are also required for the bar association
as l most of the legal community is not aware of how the probation system works.
- Exposures visits and exchange programmes should be arranged at regional and international level
for R&P management and staff to study the successful non-custodial models in practice and to learn
from each other's field experiences. Civil society organisations in Pakistan with financial and
technicalsupport of the international community should come forward to design such projects that l
target attitudinal change through improving skills and knowledge-base
-The District Criminal Justice Coordination Committees provide a more effective forum for joint
working. Currently with the exception of few districts, in the majority of the districts the
representation of probation officers in these coordination meetings is not very effective or absent all
together. The provincial R&P Directors need to specifically focus to make the role of their staff more
l visible and essential at such important forum.
- Amendments are required in the current probation of offender ordinance to widen its scope to
include community service as part of community sentencing. At present the law is silent about any
such provisions, particularly in the existing situation of Pakistan where there is no framework for
formal rehabilitation of offenders outside the prison. Evidence suggests that voluntary work under
the supervision of probation officers does help to improve an offender's self image and increases
his/her acceptability by community members leaving a longer lasting effect in breaking the crime l
cycle.
- Additional measures need to be taken to address the issue of overcrowding in prisons. For
example, introducing the use of cautions at the police station to divert the offender in minor cases
from the formal criminal justice system. A caution is a formal warning about future conduct given by
a senior police officer, usually in a police station, after a person has committed an offence and
admitted guilt. It is used as an alternative to a charge and possible prosecution. Likewise the
provision of conditional dischargeunder section 4 of the Pakistan Probation of Offender Ordinance
1960 needs to be brought l to the immediate attention of the judiciary to increase releases on
conditional discharge.
107
- Musalihat Anjumans can also play a vital role in this case through victim-offender mediation
- Implementation of the Juvenile Justice System Ordinance 2000 needs to be improved. Special
Juvenile Courts and panels of lawyers for free legal aid must be constituted and made functional as a
priority. The competent courts during the trial of a first time juvenile offender should exercise the
release on probation as a first option through the active involvement of probation officers. This will
prevent chance offenders from becoming hardened criminals during incarceration.
-Alternate Dispute Resolution (ADR) has strong roots in Pakistani society in the form of jirga,
punchayat. These informal community-based dispute resolution approaches are subject to high
criticism from civil society and human rights institutions for some of their biased decision on heinous
crimes such as honour killing and rape; however it still retains an important place in the social fabric
of Pakistan. In the Local Government Ordinance 2000, ADR is given a formal place in the form of
Musalihat Anjuman (Reconciliation Committee) and each province has constituted their respective
rules for implementation vetted by respective provincial law departments. The police and the courts
can refer cases to Musalihat Anjuman (MA) for ADR. These MA will be very effective in victim l
offender mediation if linked with diversion projects.
- In the government hierarchical service structure, probation and parole officers stand as a universal
constant, hired and retired in the same grade most of the time. The R&P department unlike other
government departments lacks proper service structure which manifests itself in the form of
demotivated staff always looking for other job opportunities with good service structure resulting in
loss of skilled manpower. This doesn't mean blocking the way of staff so they do not join other l
departments but to make the R&P service equally attractive for others to join. Among the
government department, R&P department remains a low priority area when allocating financial
resources. For example the budget for R&P Punjab for the fiscal year 2011-2012 is approximately Rs.
80 million which should be at least 3 times more keeping in view the population of l the province,
the ratio of offences and to establish rehabilitation network for offenders.
- Data collection and data management is another area that needs to be a focus for effective service
delivery and research purposes. There are no Research and Development units in R&P Directorates
and data is kept in either hand written registers or on Excel-based data sheets without a proper
computer database. Development of an extensive database system will also help the key criminal
justice partners in sharing valuable information about offenders to ensure public safety and reduce
recidivism.
5. Conclusion The recent judicial activism in Pakistan has brought the probation and parole system
into the lime light. The respective provincial governments have taken some encouraging steps in
terms of infrastructure development and recruiting new staff. The coordination among key partners
in criminal justice system has comparatively improved due to regular meetings of CJCCs. The criminal
justice system has realised the importance of integrated working. It is a high time for local civil
society organisations and the international community to come forward and support the
Reclamation and Probation Departments so it can effectively play its due role in the community
rehabilitation and reintegration of persons in conflict with the law.
108
JUVENILE SYSTEM
The judiciary at the moment is flying high. It seems there is hardly any
issue which the superior judiciary has not taken notice of or looked into —
ranging from corruption, water scarcity, the construction of dams,
population growth to the quality of education and health facilities, the
rights of trans people, environmental pollution, the grant of land to
developers and the removal of billboards.
One should leave it to the readers to decide if any of these problems have
been solved or whether intervention has made much of a difference. In fact,
a concerted effort is needed by state authorities to concentrate on long-
term reforms, as in the sphere of juvenile justice where challenges are
manifold and often complex. All are important from a children’s rights
standpoint. The Pakistan Penal Code (1860) remained the major law
governing crime and criminals in relation to children until the introduction
of the Juvenile Justice System Ordinance (2000). It was replaced last year
by the Juvenile Justice System Act. There are many provisions of the PPC
and the Criminal Procedure Code (1898), which also continue to apply to
children.
What matters most for juvenile justice is whether or not the rights of
children are respected when they break the law. The new law now also talks
of prevention, diversion and detention, although it does not say much about
prison conditions.
Ideally speaking, children should not be in prison and all possible steps
should be taken to confine them if needed for the minimum possible
period.
This can be prevented, firstly, by the police who arrest them and then send
them to prisons. And secondly, it can be tackled by the judiciary releasing
the maximum number of children each time an opportunity arises to
handle the issue. Both the police and the judiciary have unfortunately failed
to handle this important issue in the expected manner — which is from the
point of view of the rights of children.
INFO-GRAPHIC: Death penalty around the world in 2016
Overcrowded cages
Pakistan's prisons are holding up to 57% more prisoners than their
authorized capacity, leading to overcrowding that has had an adverse effect
109
on the living conditions of both detainees and staff. The finding is part of a
research titled "Addressing Overcrowding in Prisons by Reducing Pre-
Conviction Detention in Pakistan" that has been developed by the National
Counter Terrorism Authority (NACTA
According to the report, two-thirds of the total prison population is still

awaiting or undergoing trial. This has led to the overcrowding, which often
results in deplorable living conditions for inmates and prison staff by
compromising on the hygiene and health facilities. Due to the huge
numbers, prisons are increasingly unable to play a corrective and
reformative role. This is not only ironic for the prisoners and their families,
but also for the state and society
Pakistan's prisons are chronically overcrowded, partly owing to an

overloaded justice system that incarcerates a large proportion of under-trial
prisoners. As of 2018, the country's prisons held at least 83,718 prisoners,
against a capacity of just 53,231,(157% occupancy level) according to World
Prison Brief. 1.8% females and 1.7% juveniles.
Within the prisons themselves, special areas are designated for death row
prisoners. As many as eight prisoners will be forced to share an eight-by-
10ft cell, say
"Pakistan's justice system is ridden with deficiencies and abuses of

authority," says Sarah Belal, director at rights group Justice Project
Pakistan. "Police routinely coerce defendants into confessing, often by
torture, and courts admit and rely upon such evidence."
110
The neglected probation system
By Arshad Mahmood
Published: February 9, 2016
The writer is a human rights activist and development practitioner with a Masters in Human Rights from the London
School of Economics. He tweets @amahmood72
There are approximately 90,000 people incarcerated in the prisons of Pakistan including men,
women, juveniles, minors with their mothers and so on. All provinces are faced with the problem of
overcrowded prisons. In Punjab, for example, with a capacity to house 21,527 inmates, there were
51,133 prison inmates, including 745 juveniles, by the end of September 2015. A staggering 34,860
or 70 per cent of these inmates were under trial. The staff strength of the Prisons Department is
around 17,795, with a total sanctioned budget of Rs7.5 billion for the financial year 2014-15. In
addition, there were 23,395 probationers in the province, including 22,974 male, 300 female and
105 juvenile, as well as 575 male and one female parolee. The Probation and Reclamation
Department in Punjab has 95 officers, including one director, five deputy directors, 14 assistant
directors, 55 male probation officers, two female probation officers, 15 male parole officers and five
female parole officers. The sanctioned budget for the department was Rs116.078 million for
financial year 2015-16. This shows that with only 1.54 per cent budget as compared to the Prisons
Department, the Probation Department is taking care of 45.75 per cent of the prison population of
the province.
Similarly, in Khyber-Pakhtunkhwa (K-P) around 10,000 prison inmates occupy the space for 8,285
prisoners with almost 70 per cent under trial, including 274 women and 395 juveniles. The staff
strength of the Prisons Department in K-P is 4,049, with an annual budget of Rs1,268 million for
2014. The total non-salary expenditure during the year was Rs599.62 million. There are
approximately 2,000 probationers and 25 parolees at the K-P Probation and Reclamation
Department, which had an annual budget of only Rs31.67 million for 2013-14. Balochistan and Sindh
are no different either. In Sindh, the prison population in December 2015 was 19,372 with 3,276
convicted, including 40 females and 10 juveniles. Around 465 were under the death sentence,
including two females, while under-trials numbered 15,351, including 150 females and 211 juveniles.
With 25 male and one female probation officer, Sindh has 645 probationers.
The purpose of this piece and the above data is to highlight how neglected but important the
probation system in Pakistan is. The criminal justice system in the country is focused on punishment.
It does not take into account how investments in and strengthening of the probation system can
help reduce the prison population. In their current state, prisons are considered nurseries for
producing criminals. While huge investments are made every year for improving prison
infrastructure, most inmates still live in miserable conditions.
Probation is a court-imposed sanction that “releases a convicted offender into the community under
a conditional suspended sentence”. This practice assumes that most offenders are not dangerous
and will respond well to treatment. The average probationer is often a first-time, non-violent
offender, who can be best served by remaining in the community while serving out the sentence.
The probation system places an offender under the supervision of a probation officer in lieu of
imprisonment as long as the probationer meets certain standards of conduct.
111
Why are alternatives to detention important, particularly for children? According to Unicef,
alternatives to detention are measures that may be imposed on children who are being formally
processed through the criminal justice system, at both pre-trial and sentencing stages that do not
involve the deprivation of liberty. These alternatives are inexpensive, while detentions can be
expensive and lead to overcrowding of prisons, besides leaving juveniles and other inmates
vulnerable to abuse and exploitation.
According to the Society for the Protection of the Rights of the Child, one of the easiest ways to
resolve the problem of overcrowded prisons in Pakistan is by invoking the system of probation and
parole. Probation is particularly useful in cases of offenders who are not yet committed to a life of
crime. The relevant laws have existed for decades in Pakistan, where over 70 per cent of the prison
population consists of offenders whose sentence terms range from one month to a year. Generally,
most have landed behind bars as a result of petty disputes, such as fights over land or water, or due
to family feuds. Most are devoid of any criminal characteristics. Their interaction with confirmed
criminals and professionals in jail only harms them rather than doing them any good.
After the introduction of the National Judicial Policy (NJP) 2009 by the National Judicial Policy
Making Committee (NJPMC) headed by the then chief justice of Pakistan, significant progress was
noticed in the use of probation as an alternative measure to detention in the country. There were
10,362 probationers in Pakistan in 2005, while today there are approximately 26,000, mostly in
Punjab and K-P. This was made possible as the NJPMC advised the courts and government to
maximally use the Probation of Offenders Ordinance 1960 and the Good Conduct Prisoners
Probation Release Act 1926, by releasing deserving convicts on probation and parole as prescribed
by the law. The Committee also recommended that alleged child offenders’ cases be given higher
preference. I am not sure if there is that level of focus anymore on the implementation of the NJP,
with reference to the utilisation of the probation system and strongly recommend a continued focus
on it. There must also be continuous follow-ups with the government and the district level Criminal
Justice Coordination Committees for progress in each district of Pakistan, particularly in K-P, the
Islamabad Capital Territory and Punjab, where the Police Order 2002 is still in place. In Balochistan
and Sindh, district and sessions judges can be followed up with.
Provincial governments must encourage their respective Probation and Reclamation Departments
and focus on creating awareness among stakeholders regarding the probation system and also about
the NJP as an effective alternative to the detention and incarceration of offenders, including child
and women offenders. Efforts should also be made to bridge the gap between the judiciary, police
and the probation department. The provincial and federal judicial academies should play an active
role in creating widespread understanding about the utilisation of the probation system, and last but
not the least, the provincial governments should make a comparative analysis of the budgetary
allocation for Probation and Prisons departments and their outcomes, and increase budgetary
allocations for these.
Published in The Express Tribune, February 10th, 2016.
112
AD-HOC ARTICLES:
Making Cyberspace Safer

http://jworldtimes.com/jwt2015/author/mian-majid-ali/Written by: Mian Majid Ali on November 25,
2017.
http://jworldtimes.com/jwt2015/wp-content/uploads/2017/11/Making-Cyberspace-Safer.jpg
The intensity and sophistication of cybercrimes has significantly
increased in the recent years all over the world. The developing
countries, including Pakistan, have also suffered many cyber
attacks, in both private and public sectors. The extent of
cybercrimes includes defamation, plastic money scams, internet
banking frauds, unauthorized/illegal termination of
international voice, hacking of national database, emails, and
so on. To address this increasingly burning issue, the
Government of Pakistan has established a cybercrime centre
within the Federal Investigation Agency (FIA) under the
Ministry of Interior. The National Response Centre for Cyber
Crime (NR3C) is headed by a Project Director and it has the
jurisdiction of taking cognizance of offences committed by
cybercriminals. The reasons behind cybercrimes are greed,
adventure, power, revenge and publicity. This type of crime can
be a serious threat to e-business and communication and
banking sectors. The extensive use of pornographic websites is
also a cybercrime and it is highly unfortunate as it will destroy
our cultural values.
Some suggestions to combat cybercrimes

113
The potential cyber threat is looming large on national security and online database infrastructure of
our state. The potence of this crime can be assessed by the fact that cyber policing against recurring
cyber attacks on online database infrastructure of the country has become the highest priority of law-
enforcement agencies. This article focuses on problems and challenges of cybercrimes in Pakistan,
their types, actions taken so far for prevention and control of cybercrimes, and constraints in the
evolution of strategic formulation of framework to curb the menace.
Types of Cybercrimes
Various classifications of cybercrimes targeted toward a person, a business or even against a
government may be one of the following:
Types of Computer Security

The computer security or computer network is the main target of an unlawful act and it is the violation
of cybercrime ethics and rules. The types include:
a. Unauthorized access to a computer system or a network;

b. Theft of information contained in electronic form;
c. E-mail bombing;
d. Internet time theft
e. Physically damaging a computer system;
f. Data diddling;
g. Denial of service; and
h. Virus/worm.
Following are the objectives that broadly reflect the nature
of policing now required:
a. Maintaining a professional investigation capability;
b. Enhancing the investigation capability of the Police force;
c. Developing accredited computer and mobile forensic laboratories;
d. Proposing changes in cyber laws and policies;
e. Training, seminars and awareness campaigns on such crimes;
f. Liaison with other law-enforcement agencies;
g. Proper enactment of the legal framework; and
h. Improvement of the institutional infrastructure so that awareness in general public regarding
cybercrimes and their reporting may be created.
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Recommendations
Short-term Plan
a. Public awareness and education campaigns to promote cyber security, through print and electronic
media, seminars and workshops
b. Promulgation in true spirit of the Prevention of Electronic Crimes Ordinance.
c. Replacement of the outdated paraphernalia with the latest equipment.
d. Capacity-building and training of LEAs in handling cybercrime
Mid-term Plan
a. Carve out a strategy to increase and train workforce, including attracting and retaining computer
security experts in the federal government.
b. Improve the process for resolution of inter-agency discords regarding interpretations of law and
application of policy and authorities for cyber operations.
c. Initiate a dialogue to enhance public-private cooperation with an eye in the direction of re-
organization, lineup, and providing resources to enhance their contributions.
d. Establish a tribunal for the hearing of cases involving cybercrimes. The judges appointed thereupon
should also be given proper training in this regard.
e. Teach international and national cyber laws to investigating officers, judges and prosecutors.
f. Arrange for foreign training of forensic experts and computer security investigation officers.
Long-term Plan
a. Establishing international linkages for information-sharing regarding cyber security.
b. Signing of international covenants and agreements for international cooperation in combating
cybercrime.
c. Developing government procurement strategies for secure and resilient hardware and software.
Conclusion
In a nutshell, it is not possible to eliminate cybercrime from the cyberspace in its entirety. However, it is
quite possible to check it. Any piece of legislation might be less successful in totally eliminating
cybercrime from the globe. The primary step is to make people aware of their rights and duties e.g. to
report crime as a collective duty toward the society, and further making the application of the laws more
stringent to curb such crimes. Developing nations like Pakistan must learn from the experiences of
developed nations and leap forward to prepare against the cybercrime. In order to strengthen the overall
infrastructure, the individual countries should put in collective efforts to cooperate and coordinate with
each other on matters of cyber security. In this regard, international instruments such as the Council of
Europe’s Convention on Cyber Crime, 2001, could prove extremely valuable in fighting this emergent
type of crime at an international level.
What is a Cybercrime?
Any activity commissioned via computer, digital devices and networks used in the cyber realm, and is
facilitated through the internet medium. It can include the distant theft of information belonging to an
individual, government or corporate sector through criminal trespassing into unauthorized remote
115
systems around the world. It includes from stealing millions of rupees from online bank to harassing
and stalking cyber users.
CyberCrime also includes sending viruses on different systems, or posting defamation messages.
Commission of cybercrime can be:
The computer as a target – attacking the computers (e.g spreading viruses, etc.)
The computer as a weapon – to commits fraud or illegal gambling.
The computer as an accessory – to store illegal or stolen information.
About National Response Centre for Cyber Crime

(NR3C)
National Response Centre for CyberCrime (NR3C) – FIA is a law-enforcement agency dedicated to
fight cybercrime. Inception of this Hi-Tech crime-fighting unit transpired in 2007 to identify and curb the
phenomenon of technological abuse in society.
National Response Centre for Cyber Crime (NR3C) is the latest introduction to mandate of the FIA,
primarily to deal with technology-based crimes in Pakistan. It is the only unit of its kind in the country
and in addition to the directly received complaints, it also assists other law-enforcement agencies in
their own cases.
NR3C has expertise in Digital Forensics, Technical Investigation, Information System Security Audits,
Penetration Testing and Training. The unit since its inception has been involved in capacity-building of
the officers of Police, Intelligence, Judiciary, Prosecutors and other Government. organizations. NR3C
has also conducted a large number of seminars, workshops and training/awareness programmes for
the academia, print/electronic media and lawyers. Cyber Scouts is the latest initiative of NR3C, in which,
selected students of different private/public schools are trained to deal with computer emergencies and
spreading awareness amongst their fellow students, teachers and parents.
Vision of NR3C-FIA
A law-enforcement agency that combats CyberCrime, provides state-of-the-art digital forensic services,
enjoys the respect in the society for its integrity, professional competence, impartial attitude and serves
as a role model for provincial police forces.
Mission of NR3C-FIA
To achieve excellence by promoting culture of merit, enforcing technology-based law, extending
continuous professional training, ensuring effective internal accountability, encouraging use of
technology and possessing an efficient feedback mechanism.
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Our Intelligence System
http://jworldtimes.com/jwt2015/author/brig-syed-ghazanfar-ali/Written by: Brig Syed Ghazanfar
Ali on March 12, 2016.
http://jworldtimes.com/jwt2015/wp-content/uploads/2016/03/Our-Intelligence-System.jpg
Operation Zarb-e-Azb in North Waziristan is fast forwarding to a successful conclusion. After
annihilating the safe havens and operational bases of Hafiz Gul Bahadur Group, Punjabi Taliban and
the Haqqani Network in Mirali, Miranshah, Datta Khel and Hassu Khel areas, Pakistan Army is busy in
wiping out terrorist elements through a valiant and vigorous military campaign in mountainous terrain
of Shawal valley. Pak Army is making supreme sacrifices in this operation and ranks and files of our
security forces are marching toward the accomplishment of their mission to safeguard the life and
property of their compatriots and to make the country’s defence impregnable. Words fall short to praise
the zeal and zest as well as the professional capabilities that Pakistan Army has exhibited in this
campaign. The credit of this phenomenal success goes, besides the airmen of Pakistan Air Force, to
the planners who left no stone unturned in formulating pragmatic strategies to implement the thinking
of the visionary and the farsighted General Raheel Sharif.
Operation Zarb-e-Azb, on the one hand, highlights the obliteration of targets through ground operations
and air force/ army aviation campaigns, it brings to light also the importance of intelligence planning
based on information gathered through ground, technical and human sources through the analyses of
reports about the preparation of weapons, their use and other technical aspects, on the other. In all
parts of the world, better, and timely, availability of intelligence information is required not only by the
militaries but the governments, too, as they cannot draw up defence and economic policies unless they
have before them the reports on the factors that may affect those.
In war against terrorism, the first and foremost requirement is to collect the beforehand information of
enemy’s plans through a consolidated, effective intelligence system. It is an undeniable fact that war
against terrorism cannot be decidedly won unless the government, security forces and law-enforcement
agencies are well aware of the organizational structure of terrorist groups, their methods of attacks,
financial sources and foreign funding and also of their facilitators in the civil populace of the country. A
cursory glance at history reveals that in any war, the self-created regional, religious and linguistic beliefs
of miscreant elements and organizations within a country do have some sort of support or backing, in
men and money, by some external groups or foreign intelligence agencies. In such a war, the enemy
sponsors the elements which it can later use to cause chaos and upheaval in order to destabilize the
state.
RAND Corporation, an American think tank, conducted studies and comparative analyses of 41
rebellious movements between 1978 and 2008. The report thereupon concluded that no two rebel
movements can be the same and that the revolts without any foreign patronage can last for a period of
only ten years and only a little more if such support is available to them. And, in order to decidedly
defeat such menacing elements, choking the funding that terrorists receive from foreign sources,
117
countries or organizations, is absolutely essential. Moreover, to combat this threat having a visionary,
resolute and farsighted leadership at the top is inevitable.
Terrorist attacks at the start of the year 2016 highlighted the flaws and shortcomings in our intelligence-
gathering system that is responsible for our failure in penetrating into the groups behind these attacks.
At present, the task of intelligence-gathering is being performed under the umbrella of Pakistan army
by Inter-Services Intelligence (ISI), Military Intelligence (MI), and to some extent, Pakistan Rangers. On
the civilian side, the provincial governments have assigned this task to Counter Terrorism Departments
(CTDs), Special Investigation Units (SIUs) and to some sections of the Intelligence Bureau (IB).
In this regard, it is pertinent to say that the country’s premier spying agency, ISI, is overly burdened.
Nevertheless, in spite of having only a limited financial and human resources, it is doing its best to
efficiently do its duties. Military Intelligence (MI) is assigned the task of eliminating the enemy agencies’
networks in Pakistan as well as identifying and removing thereupon the factors that may, in any way,
be a threat to the internal stability of Pakistan Army and the country’s defence policies. Besides
performing their original tasks, both establishments have created separate wings for counterterrorism
that are working with full zeal but their efforts get impeded by the paucity of human resource. Moreover,
they lack the requisite intelligence paraphernalia that could make up for this dearth. Under the umbrella
of provincial police, the offices of Counter Terrorism Department (CTD) have been established in all
important cities of Pakistan. The CTD personnel comprise only those retired army officers and other
staff who have worked on such assignments in country’s spying agencies. In addition to own human
sources, the Department is also assisted by the local police and such a system can be a boost to the
country’s intelligence-gathering system. Notwithstanding this, the presence of terrorists’ facilitators
among the masses points toward the fact that we still need to put in strenuous efforts in order to
reinvigorate the intelligence-collection system within the precincts of various police stations.
In war against terrorism, there is a greater reliance on technical intelligence rather than that gathered
through human sources. But, if we analyze deeply, we find that such resources are too sufficient to
meet the needs of the country in the present state of affairs. There is a dire need that intelligence
agencies incorporate modern sophisticated tools used in intelligence–gathering into their respective
systems.
Terrorists have no specific identities; they look like us and they mix into people like us to reach their
targets as incidents of Army Public School (APS) Peshawar and more recently Bacha Khan University
Charsadda depict. With an aim to developing their intelligence-gathering mechanism, NATO forces are
currently involved in experimental studies on the use of new sensors, software, computer models and
other analysis tools in order to find ways to locate terrorist among the general public and thwart their
activities to the maximum possible extent. It’s no less than a dilemma for Pakistan’s intelligence
agencies that the orchestrators of terrorist attacks within the country are patronized by India and
Afghanistan. They also have complete backing of Israeli agency Mossad besides spy establishments
of both these neighbours of Pakistan. These enemy agencies harbour the terrorists and after selecting
118
the targets provide them with all the requisite information. They, then, carry out their nefarious plans
with the help of RAW agents, whose number, according to a report published in a British newspaper
‘Daily Mail’ in 2006, is nearly 8000 in Khyber Pakhtunkhwa, 5880 in Balochistan, 1000 in Punjab and
12000 in Sindh.
Although interception of telecommunications forms a major part of intelligence-gathering through

technical sources, which is necessary for effective action against terrorists and state enemies, yet a
brief analysis would prove that the technical sources our agencies have currently at their disposal are
too meagre. Satellite images play a key role in locating the hideouts and movements of the terrorists,
but even for this, we have to rely on CIA’s satellite system. It’s a great hindrance to timely availability of
information; and the pieces of information we get from this source also often doesn’t come within the
ambit of our requirements. For example, we need to permanently have a keen eye on terrorists’ hideouts
in Afghanistan as well as their activities. But, we are facing numerous problems in this regard as well.
Given all these obstacles, we need to incorporate the latest sophisticated technology in our intelligence
infrastructure in order to develop a highly secretive system wherein, besides military and civilian
intelligence agencies, representatives and resources of FIA’s highly-equipped cybercrime wing,
customs intelligence, Ministry of Science and Technology and Suparco are consolidated at one platform
to strive for a unified purpose.
In order to convert all the pieces of information into an intelligence report and draw up practicable
strategies thereupon, the importance and consolidation of leads gathered through technical resources
cannot be underestimated. Given all the looming threats to our country, it is high time that we
reinvigorated our intelligence system on modern lines and removed flaws therein for making available
the timely intelligence and its transmission from the federal to the provincial governments and then to
departments like police, Frontier Constabulary’s wings that are operational in this war and, finally, at
the local police station level.
In war against terrorism, cooperation and coordination among agencies and law-enforcement
institutions is indispensable. But, at present, unfortunately, there exists no mechanism whereby
intelligence agencies and the enforcement institutions could exchange their information for timely
identification of threats and neutralising those thereupon. Currently, every agency is making a solo flight
in order to prove its worth and effectiveness. Although, coordination meetings are arranged every now
and then; they prove merely a damp squib as the proceedings of the meetings remain limited to the
own personal gossip of the attendees.
There is no denying the fact that in a war against terrorism, the most fundamental – and perhaps the
most crucial – role is played by the police. So, recruiting capable personnel for police, and equipping
the force with more resources, better training and modern, sophisticated firearms, is the most pressing
need of the present time. If we have to be watchful against future threats and if the protection of life and
property of the masses does really matter for the government, then trying to resolve the issues only
through the provision of traditional budget won’t serve the purpose; we will have to cut development
119
expenditures and divert them to this realm instead. But, quite frankly, it doesn’t seem to be happening
in the near future which quintessentially means that the people of Pakistan will remain vulnerable to
terrorist attacks as no solution to this monstrous problem seems to be in the offing.
An empowered institution at federal and/or at provincial level where all the concerned departments
would gather information and convert it into intelligence to be provided to the country’s security agencies
is the need of the day. Keeping in view the looming threats, it is high time that our government reviewed
and reset its priorities and, by rising above its myopic view and parochial interests, established
institutions on modern lines like other such establishments around the world. We can only hope that the
government would work sincerely toward carving out some practical policies rather than just issuing
routine statements to pull the nation out of this unrelenting torment.
Ombudsman`s recommendations for improvement

in prisoners` life
By Our Staff Reporter | 9/21/2018 12:00:00 AM
ISLAMABAD: The Wafagi Mohtasib secretariat in a set of recommendations has requested the
Supreme Court to order the Higher Education Commission (HEC), Allama Iqbal Open University and
other universities and reputable government institutions to assist in improving educational and skill
training of deserving inmates in differentjails ofthe country.
The recommendations were furnished by Hafiz Ahsaan Ahmed Khokhar, the counsel for Wafagi
Mohtasib, before the apex court seized with a suo motu case regarding the conditions of inmates in
prisons because of overcrowding.
At the last hearing, Mr Khol(har had informed the court that there were 78,160 inmates in total 98
jails against a sanctioned capacity of 63,532 prisoners. Of this, 1,955 are women, including convicts
and undertrial prisoners, 25,195 convicted, 48,780 under-trial, 1,225 juvenile and 4,688 condemned
prisoners.
The Mohtasib asked the provinces to constitute committees for taking steps for the improvement
of life of the inmates in jails, especially chil-dren, women and the destitute.
Besides, district oversight committees should also be formed to monitor the implementation of
court orders in their respective districts and to submit deficiencies, if any, to the respective home
department/IG prisons.
These committees should consist of members from civil society, har assoclations and educational
and health sectors who have proven track record of significant contributions to improving the life of
prisoners.
The interior ministry and provincial home or prison departments should also be directed to appoint
senior ofhcers to act asfocalpersons to help these committees conduct surprise visits to jails.
120
Likewise, the Law and Justice Commission of Pakistan together with advocates general and
provincial ombudsmen should review and submit proposals for significant expansion of probation
and parole facilities to reduce pressure on accommodation facilities in jails. The probation and
parole system needs to be revisited and made more effective to deal not only with overcrowding
but also for reformation of convicts, juvenile and first-time offenders.
The Mohtasib suggested that the provincial governments build jails in every district headquarters
and the federal government in Islamabad.
Every jail should have separate and independent portion for women and juvenile prisoners with
sleeping space for every prisoner as well as adequate toilet and hygiene facilities.
There is a need, the recommenda-tions highlight, to link the biometric system in jails with courts for
maintaining the record of prisoners. Peshi roaster and jail record/registers should also be
computerised/automated. The provincial governments should also be asked to proceed accordingly
and ensure development of an interface between jails, courts and the National Database and
Registration Authority for monitoring and verification of the prisoners` record.
Likewise, drug users and mentally insane prisoners should be kept outside the premises of jails in
drug clinics/homes for mentally retarded prisoners and provided medical treatment.
The ministries concerned at the federal and provincial levels should also be directed to allocate
necessary funds and resources for improvement in jails.
The Mohtasib said the Pakistan Bar Council and provincial bar councils should also be advised to
provide free legal aid to prisoners, especially to under-trial prisoners, and for appeal purposes.
The recommendations said that though some philanthropic assistance was currently being provided
to the prisoners in coordination with local community/NGOs, still there was a need for an effective
mechanism to address the issues of welfare of prisoners and provision of facilities such as
mattresses, medicines, exhaust fans, electric water cooler and blankets, as well as payment of fines
in respect of poor prisoners for their early release.
Prisoners` travails
| 9/24/2018 12:00:00 AM
OUR state might deny there is a prison crisis, but the absence of basic jail amenities, massive
overcrowding and lack of rehabilitation facilities, all speak to the need for real reform.
When the country`s total prison capacity is estimated at 63,532, none of these challenges are
surprising -98 prisons currently accommodate 78,160 inmates including 48,780 undertrial prisoners
and 1,225 juveniles. In effect, the federal ombudsman`s recent recommendations to the Supreme
Court suggesting it look to the Higher Education Commission, the Allama Iqbal Open University and
other educational institutions to improve education facilities and skill training in prisons come as a
welcome change and one that urgently needs implementation. Providing education to the jailed is
part of a wider prison reform initiative funded by Unicef in collaboration with the National
Commission for Child Rights. Given that most prisons are unfit for human inhabitation, the Supreme
121
Court has taken suo motu notice of worsening jail conditions to push provincial authorities towards
instituting reforms. This makes prison renovation, capacity-building of staff and provision of basic
hygiene facilities imperative for humane living conditions and lessening violence.
Jails should not be used merely as dumping grounds for those incarcerated. Given that two-thirds
of the prison population comprises undertrial inmates, the state must also revamp its probation
and parole system. Courts should have deadlines to clear case backlogs; and poor prisoners must be
given legal aid. Besides, overcrowding, inadequate training of prison officers, violence and drugs,
poor hygiene and lack of purpose all create hardened criminals rather than rehabilitated prisoners.
Moreover, convicts in solitary confinement are prone to mental health issues; juveniles, women,
and older prisoners are more vulnerable. In the case of KP`s prisons, the National Commission for
Human Rights found that 251 mentally ill prisoners incarcerated across 22 prisons were denied
treatment in contravention of jail regulations. This NCHR report and others documenting the
treatment of juveniles in jail and handicapped convicts (death-row inmates included) are a
shameful blot on the state`s human rights record. Reliance on lengthy sentences to tackle crime
and terrorism-related offences is not the solution. Reforming the lives of convicts to prepare them
for release has longer-term advantages for society. Also, if the government were to offer genuine
incentives for released prisoners such as the prospect of work or further study it would give reason
for people to lead a life without crime.
[TOP]
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INTRODUCTION

I am a chartered accountant by profession, but criminology was a really interesting

Hope this helps and All the very best!

Q. No. 2. Write a critical note on the increasing importance of Criminology in Pakistan.

Q. No. 5. Write short notes on: (10 each)

Q. Write short notes on any two of the following:

Q. No. 9. Write notes on: (10 each)

- The scientific approach to studying criminal behaviour

Criminology has several sub-groups, including:

(1) According to an eminent sociologist Sutherland: “Criminology is the body of knowledge

The Viewpoint of Elliot and Merrill

TYPES OF CRIMINOLOGY: (pg24)

The Practical Importance of Criminology

(2) Helpful in understanding the Psychology of the Criminal-Criminology is practical study.

Crime as social problem

3. Unemployment In the economic field unemployment plays an important role in committing of

Biological , physiological theories etc in detail PAGE 67.

Psychological Theories.Psychological theories deal with a person’s mental being. In

DIFFERENCES BETWEEN SIN, CRIME & VICE

Crime and Sin

Crime and Vice

Causes of criminal behavior

White-Collar Crime pg. 45

ORGANIZED CRIME pg. 50

Other organizations—including states, militaries, police forces, and corporations—may sometimes

DISTINGUISH UNORGANIZED & ORGRANZIED CRIME

Corporate crime overlaps with:

1. The preservation of life.

1. Transgression against life (murder or assault).

Distinguishing Features of the Islamic Penal System

Forms of Punishment in Islam

1. These punishments can neither be increased nor decreased.

3. Fornication and Adultery

Important Rules Regarding Retribution

The Wisdom behind Retribution:

The Objectives of the Islamic Penal System

God says regarding the punishment for fornication:

God says after mentioning the punishment for false accusation:

God says after mentioning the prescribed punishment for theft:

Principles of Crime Scene Investigation

A criminal investigation can be instigated using either a reactive or proactive approach.

Reactive investigations can start with:

reports from the general public

referral by other agencies

intelligence links to other crimes (linked series)

re-investigation as a result of new information

a consequence of other police actions.

crime pattern analysis

operational intelligence assessment

criminal business analysis

dealing with a violent situation

providing first aid and calling for medical assistance

reassuring victims and witnesses

preventing public disorder.

These are defined as:

Initial investigation factors

The following factors should be considered at the initial investigation:

scene management (identify and preserve)

material (identify other potential evidence sources)

who is the investigating officer?

what is the limit of the initial attending officer’s role?

handover and briefing

initial fast track actions