Crime, be it local or international, has to be met with same standards, principles, norms and practices. The principle of optimum standard of proof has to be followed at all costs. Being a little extra vigilant will be good not only for the investigation but trial too.(The Tribune carries this artical today)
Rajbir Deswal
Crime is a fact of the human species, a fact of that species alone, but it is above all the secret aspect, impenetrable and hidden. Crime hides and by far the most terrifying things are those which elude us. — Georges Bataille
Investigation seeks to look beyond what meets the eye while crime investigation envisages and makes incumbent upon the seeker to dwell deeper into the skin of the mystery or issue at hand. While doing so, professionals are bound by certain legitimate, ethical and procedural instrumentalities under the due process of law.
It may seem to hinder the undesirable fast-forward mode of investigation to show quick results. However, it goes a long way in establishing the culpability of the accused beyond all shadows of doubt to prove the guilt to the hilt, thus enhancing the credentials of the investigating agency in the eyes of the judiciary.
In India, crime investigation is primarily vested with the police under section 156(1) of the Criminal Procedure Code as also by order of a magistrate vide section 156(3), who is empowered to take cognisance of an offence under Section 190. The Central Bureau of Investigation was initially handling economic offences involving frauds etc, but later it has been entrusted with other sensitive cases having serious ramifications in criminality. The National Investigation Agency was created in 2008 to exclusively tackle crimes of terror.
Crucial tasks
Investigation into crime warrants the police hurrying to the scene; protecting the site; informing concerned quarters on actionable information given out of the situation; sending for emergency services like ambulances; summoning the forensic experts and detectives; beginning to look for and collection of evidence; carrying out searches and effecting seizures; making witnesses join in; apprehending suspects followed by sequentially and chronologically documenting the entire process of investigation by writing case diaries and preparing judicial papers; and establishing the correct and unmistakable identity of the accused. These are some of the tasks that need immediate attention of the investigators, besides employing modern technologies, like cell phone interruption, clandestine recording, surveillance, etc.
Adhering to the internationally acceptable best practices is the crux of all that is modern, in the present-day scenarios of mutual interest and sustenance between nations. Crime having local and international ramifications has to be met with same standards, principles, norms and practices. The principle of optimum standard of proof has to be followed at all costs. Being a little extra vigilant will be good not only for the investigation but trial too.
Robert Peel, Father of police reforms in the UK, says, “It is common, we suppose, to all men, who find themselves involved in some unexpected and — as they think — undeserved difficulty or danger, to exhale the first impulses of vexation in reproaches against those, whose folly or wickedness have led to their embarrassment.” There may be circumstances, where tangible, direct or forensic evidence may not be found. Hence collecting enough circumstantial evidence to corroborate the commission of crime at the hands of suspect will always be met with appreciation and concern by the courts as against a flawed manufacturing of padded layers of guilt on the accused.
Investigation is a multi-directional activity that sees, foresees, imagines, suspects, but doesn’t think loud enough, since the dire straits of procedures restrict, and rightly so. A good investigator should keep the prosecution story in mind and also pre-suppose the defense side during the trial that will follow but it is desirable and advisable not to be unfair to the suspect or the accused, in trying to “fix him well.”
Denying the suspect his ‘Right to silence’; ‘ insulation against double jeopardy’; ‘right of private defense’; ‘acts done as sudden and grave provocation’; and above all, matters of privacy, including intrusion should not be lost sight of by the investigators. The Constitution of India guarantees every person right against self-incrimination under Article 20(3). The ‘Right to silence’ is well established and forcible intrusion into one’s mind. It made the Supreme Court of India declare the narco-analysis, brain-mapping and lie-detector tests as violation of such a right.
Classical example
The investigation should clearly bring out the occasion-cause-effect chain, into building up the corpus delicti. If a criminal act is incidental enough, not preceded with preparation, leading to its execution, followed by a transparent and unquestionable subsequent conduct, then trying to prove the guilt on the suspect may never succeed during the trial. The classical example to support and sustain this view point is of the experiment, when the baby-monkey was put under her feet by the mother-monkey, to gain some height, in a water filled glass jar, when the levels started reaching her nose and she began to apprehend and confront her own death right in her face.
Thus, a criminal’s predicament, mental disposition, plus any provable and scientific and biological inclination towards committing crime, should be also taken into consideration in assessing and assuming his culpability besides mens rea.
Comprehensive database
As for crime control, K. Koshy, former Director-General of Police, Bureau of Police Research and Development, says that a comprehensive database on wide ranging subjects like details of residents, criminal backgrounds, data on crime, stolen and abandoned vehicles, drug cases, money transaction and movements of persons can help in not only preventing and controlling but investigating crime.
The Village Crime Notebook, as envisaged by the Punjab Police Rules, if maintained properly and linked online with databases like Unique ID number, bank transactions, hotel occupation, BC Rolls, hue and cry notices, stolen vehicles and automobile registration details, accidents, if done on real-time basis, can detect patterns and track movement of criminals and suspicious persons, can help prevent common crimes and economic offences. The best example of this is the use of data mining techniques involving the COPLINK project in the US.
Proactive policing as in the New York City Police Department suggests proper locking and securing houses and buildings, burglar alarms, architectural and town planning designs to make crimes more difficult. If the Patrol Officer is sensitive to any unusual things in the area and probes it, many an untoward incident can be prevented. A classic example is the Broken Window approach suggested by James Q. Wilson and George L. Kelling. Prevention will largely depend on how civil society enjoins upon itself and follows self-discipline and the rule of law. Placing trust in the law enforcement agencies is of paramount importance. Otherwise, vigilante actions are sure to follow, howsoever bottled up or repressed a community may be.
In the sixties, the Police Youth Club system was introduced in the US, proactively targeting the potential offenders who exhibited signs of rebellion, even while being in school, to divert their energies to more creative activities like sports, games and social service. The Regional Employ-Ability Challenge (REACH) Project supported by the European Union and kids projects in Durham, UK, are other examples.
Important clues
Integration and availability of huge databases from public domains like payment of toll on highways, telephone call records, list of train and airplane reservations, hotel occupancy, purchase of vulnerable material like explosives, Ammonium Nitrate, etc and software to analyse and link these seemingly unconnected data can help the professionals more scientifically in the task of crime control. In the Parliament Attack case, cell phone calls analysis provided the most important clues.
Mafias of various shades and sizes exist the entire world over and their favourite indulgences include narcotics, currency, artifacts, body-shopping etc. Natural geographical features and political conditions make possible things like ‘Golden Triangles’ and ‘Silk-Routes’. Likewise, you can grow opium in Afghanistan; smuggle narcotics through Malaysia, Myanmar and Nepal; or even dump fake currency in India printed in Pakistan via Nepal, Indonesia and Malaysia.
An investigator has to be compassionate. He should have wide contacts and clear objectives besides ability to collect documents, preserve evidence, effect recoveries and assists in prosecution. He should take care to record witness statement and undo the suspects alibi. More important, he should be an expert in building up corpus dilecti. Investigators and crime-busters will have to start big that can be made small, but not always start with small, that cannot be made big, as it happened in the Arushi murder case.
The writer is the Inspector-General of Police, Criminal Investigation Department, Haryana
Rajbir Deswal
Crime is a fact of the human species, a fact of that species alone, but it is above all the secret aspect, impenetrable and hidden. Crime hides and by far the most terrifying things are those which elude us. — Georges Bataille
Investigation seeks to look beyond what meets the eye while crime investigation envisages and makes incumbent upon the seeker to dwell deeper into the skin of the mystery or issue at hand. While doing so, professionals are bound by certain legitimate, ethical and procedural instrumentalities under the due process of law.
It may seem to hinder the undesirable fast-forward mode of investigation to show quick results. However, it goes a long way in establishing the culpability of the accused beyond all shadows of doubt to prove the guilt to the hilt, thus enhancing the credentials of the investigating agency in the eyes of the judiciary.
In India, crime investigation is primarily vested with the police under section 156(1) of the Criminal Procedure Code as also by order of a magistrate vide section 156(3), who is empowered to take cognisance of an offence under Section 190. The Central Bureau of Investigation was initially handling economic offences involving frauds etc, but later it has been entrusted with other sensitive cases having serious ramifications in criminality. The National Investigation Agency was created in 2008 to exclusively tackle crimes of terror.
Crucial tasks
Investigation into crime warrants the police hurrying to the scene; protecting the site; informing concerned quarters on actionable information given out of the situation; sending for emergency services like ambulances; summoning the forensic experts and detectives; beginning to look for and collection of evidence; carrying out searches and effecting seizures; making witnesses join in; apprehending suspects followed by sequentially and chronologically documenting the entire process of investigation by writing case diaries and preparing judicial papers; and establishing the correct and unmistakable identity of the accused. These are some of the tasks that need immediate attention of the investigators, besides employing modern technologies, like cell phone interruption, clandestine recording, surveillance, etc.
Adhering to the internationally acceptable best practices is the crux of all that is modern, in the present-day scenarios of mutual interest and sustenance between nations. Crime having local and international ramifications has to be met with same standards, principles, norms and practices. The principle of optimum standard of proof has to be followed at all costs. Being a little extra vigilant will be good not only for the investigation but trial too.
Robert Peel, Father of police reforms in the UK, says, “It is common, we suppose, to all men, who find themselves involved in some unexpected and — as they think — undeserved difficulty or danger, to exhale the first impulses of vexation in reproaches against those, whose folly or wickedness have led to their embarrassment.” There may be circumstances, where tangible, direct or forensic evidence may not be found. Hence collecting enough circumstantial evidence to corroborate the commission of crime at the hands of suspect will always be met with appreciation and concern by the courts as against a flawed manufacturing of padded layers of guilt on the accused.
Investigation is a multi-directional activity that sees, foresees, imagines, suspects, but doesn’t think loud enough, since the dire straits of procedures restrict, and rightly so. A good investigator should keep the prosecution story in mind and also pre-suppose the defense side during the trial that will follow but it is desirable and advisable not to be unfair to the suspect or the accused, in trying to “fix him well.”
Denying the suspect his ‘Right to silence’; ‘ insulation against double jeopardy’; ‘right of private defense’; ‘acts done as sudden and grave provocation’; and above all, matters of privacy, including intrusion should not be lost sight of by the investigators. The Constitution of India guarantees every person right against self-incrimination under Article 20(3). The ‘Right to silence’ is well established and forcible intrusion into one’s mind. It made the Supreme Court of India declare the narco-analysis, brain-mapping and lie-detector tests as violation of such a right.
Classical example
The investigation should clearly bring out the occasion-cause-effect chain, into building up the corpus delicti. If a criminal act is incidental enough, not preceded with preparation, leading to its execution, followed by a transparent and unquestionable subsequent conduct, then trying to prove the guilt on the suspect may never succeed during the trial. The classical example to support and sustain this view point is of the experiment, when the baby-monkey was put under her feet by the mother-monkey, to gain some height, in a water filled glass jar, when the levels started reaching her nose and she began to apprehend and confront her own death right in her face.
Thus, a criminal’s predicament, mental disposition, plus any provable and scientific and biological inclination towards committing crime, should be also taken into consideration in assessing and assuming his culpability besides mens rea.
Comprehensive database
As for crime control, K. Koshy, former Director-General of Police, Bureau of Police Research and Development, says that a comprehensive database on wide ranging subjects like details of residents, criminal backgrounds, data on crime, stolen and abandoned vehicles, drug cases, money transaction and movements of persons can help in not only preventing and controlling but investigating crime.
The Village Crime Notebook, as envisaged by the Punjab Police Rules, if maintained properly and linked online with databases like Unique ID number, bank transactions, hotel occupation, BC Rolls, hue and cry notices, stolen vehicles and automobile registration details, accidents, if done on real-time basis, can detect patterns and track movement of criminals and suspicious persons, can help prevent common crimes and economic offences. The best example of this is the use of data mining techniques involving the COPLINK project in the US.
Proactive policing as in the New York City Police Department suggests proper locking and securing houses and buildings, burglar alarms, architectural and town planning designs to make crimes more difficult. If the Patrol Officer is sensitive to any unusual things in the area and probes it, many an untoward incident can be prevented. A classic example is the Broken Window approach suggested by James Q. Wilson and George L. Kelling. Prevention will largely depend on how civil society enjoins upon itself and follows self-discipline and the rule of law. Placing trust in the law enforcement agencies is of paramount importance. Otherwise, vigilante actions are sure to follow, howsoever bottled up or repressed a community may be.
In the sixties, the Police Youth Club system was introduced in the US, proactively targeting the potential offenders who exhibited signs of rebellion, even while being in school, to divert their energies to more creative activities like sports, games and social service. The Regional Employ-Ability Challenge (REACH) Project supported by the European Union and kids projects in Durham, UK, are other examples.
Important clues
Integration and availability of huge databases from public domains like payment of toll on highways, telephone call records, list of train and airplane reservations, hotel occupancy, purchase of vulnerable material like explosives, Ammonium Nitrate, etc and software to analyse and link these seemingly unconnected data can help the professionals more scientifically in the task of crime control. In the Parliament Attack case, cell phone calls analysis provided the most important clues.
Mafias of various shades and sizes exist the entire world over and their favourite indulgences include narcotics, currency, artifacts, body-shopping etc. Natural geographical features and political conditions make possible things like ‘Golden Triangles’ and ‘Silk-Routes’. Likewise, you can grow opium in Afghanistan; smuggle narcotics through Malaysia, Myanmar and Nepal; or even dump fake currency in India printed in Pakistan via Nepal, Indonesia and Malaysia.
An investigator has to be compassionate. He should have wide contacts and clear objectives besides ability to collect documents, preserve evidence, effect recoveries and assists in prosecution. He should take care to record witness statement and undo the suspects alibi. More important, he should be an expert in building up corpus dilecti. Investigators and crime-busters will have to start big that can be made small, but not always start with small, that cannot be made big, as it happened in the Arushi murder case.
The writer is the Inspector-General of Police, Criminal Investigation Department, Haryana
