CSS Solved Criminology Past Paper CSS Special 2023 | Investigation Processes in Pakistan and their Improvement
Question Breakdown
In this question, the examiner has asked the aspirants to evaluate the efficacy of investigation processes that are practised in Pakistan. In addition, suggestions for improving the investigation process are also required. In order to secure good marks in this question, one ought to briefly explain the procedures of criminal investigation in Pakistan and evaluate their effectiveness properly. Moreover, delineating the ways through which the investigation process can be made more effective is paramount. To enhance the quality of one’s answer, definitions of criminal investigation given by various scholars can be added. The question can be made outstanding by including diagrams and flow charts as well as explaining the subject matter through various examples and theories.
Outline
1- Introduction
2- Defining the Investigation Process
3- Evaluating the Efficacy of Investigation Processes being Practiced in Pakistan
- ✓Incapability of Forensic Science
- ✓Negligence of Special Units for Investigating Cases of Terrorism and Cybercrime
- ✓Biased Investigations
- ✓Rampant Corruption
- ✓Insufficient Resources
- ✓Lack of Training and Proper Knowledge of Police Officers
- ✓Backlog of Cases
4- Suggestions for Improvement of Investigation Processes in Pakistan
- ✓Training of Law Enforcement Personnel
- ✓Investing in Forensic Infrastructure and Technology
- ✓Development of Professional Attitude amongst Police Officers
- ✓Ameliorating Accountability and Transparency Mechanisms
- ✓Updating Forensic Technology
- ✓Increasing the Wages of the Criminal Investigation Department
5- Critical Analysis
6- Conclusion
Answer to the Question
Introduction
Although the criminal investigation process is essential for maintaining social harmony and stability, its neglect can plunge the country into a quagmire of issues. Pakistan has a proper legal system for the investigation process, but regrettably, it is entangled in a web of corrupt investigation practices. Curzon defines criminal investigation as “a legal process which aims at finding out the culprit and collecting evidence”. According to Section 156 to 170 of the Code of Criminal Procedure 1898, the SHO or an officer authorized by the SHO is empowered to investigate in Pakistan. The investigation process is crucial for resolving criminal cases and the principles of criminal investigation help in ensuring legitimacy, transparency and moral behaviour amid the process. Furthermore, these key principles assist in gathering detailed information, protecting human rights and ensuring justice. Nonetheless, in Pakistan, the investigation process is not as effective as it faces various challenges like insufficient resources, delayed justice, political interference and lack of training of law enforcement personnel. However, in order to make the investigation process more effective in Pakistan, training and capacity building of officers, improving infrastructure, and eradicating corruption is paramount. David Bayley said,
“The investigation process is the backbone of the criminal justice system; without it, the truth remains hidden, and justice cannot prevail.”
Defining the Investigation Process
The word ‘investigation’ is derived from the Latin words ‘investigatio, investigates, and investigatum’ which mean ‘track, footprints, or following the footprints’. Thus, criminal investigation is the close examination of criminal activity. According to Section 4(L) of the Code of Criminal Procedure 1898 (CrPC), a criminal investigation can be defined as, “all the proceedings under the Cr.P.C for the collection of evidence conducted by a police officer or by any other person authorized by a Magistrate.”
A criminal investigation is a multidisciplinary approach for observation, examination and evidence collection regarding the crime, which also provides a framework for the entire justice process. This is an effort to examine the facts, circumstances, motives, corpus delicti (body of crime), and modus operandi (method of crime).
Evaluating the Efficacy of Investigation Processes being Practiced in Pakistan
According to Chapter 15 of the Punjab Police Rules 1934 and Section 156 of the Code of Criminal Procedure 1898, a police officer is duty-bound to trace out the facts regarding the commission of a crime. The investigating officer reaches the site of the crime and starts the criminal investigation process by adhering to certain principles in order to find the actual culprit. Though investigation processes have been improved by the establishment of specialized units like the Counter Terrorism Department (CTD) and Anti-Narcotics Force (ANF), as well as the introduction of community policing in Karachi and Khyber Pakhtunkhwa, there are certain challenges.
Incapability of Forensic Science
The use of forensic science, DNA and fingerprint analysis, etc. has increased the effectiveness of investigation processes in Pakistan. For instance, when a seven-year-old girl, Zainab Ansari, was abducted, raped and murdered, DNA analysis was done in order to reach the culprit. However, these techniques are still not fully implemented, particularly in rural or underdeveloped regions of the country. According to the Punjab Forensic Science Agency (PFSA),
“Forensic science is a game-changer in Pakistan’s investigation process as it provides objective and reliable evidence in criminal cases.”
Negligence of Special Units for Investigating Cases of Terrorism and Cybercrime
Specialized investigation units were developed in Pakistan in response to prevalent terrorist acts and cybercrimes. For example, the Counter Terrorism Department (CTD) and Cyber Crime Wings under the Federal Investigation Agency (FIA) have assisted in better investigation of cases of terrorism and online fraud etc. The Cyber Crime Wing of FIA got 100,000 complaints regarding online fraud, data breaches, harassment, etc., in 2022, which led to more than 1000 arrests. According to the Federal Investigation Agency (FIA),
“Specialized investigation units have proven effective in combating terrorism and cybercrime, ensuring that new-age crimes are addressed with modern investigative techniques.”
Nonetheless, the cases of cybercrime and terrorism are more intricate, and the law enforcement agencies of Pakistan are not relatively modernized, due to which they come across various challenges.
Biased Investigations
It is crucial for the investigation officer to make impartial decisions after analyzing the facts. However, in Pakistan, due to political influence, it is challenging for police personnel to formulate decisions without any prejudices or for the purpose of giving undue favour to anyone. In order to increase accountability, impartiality and transparency, several public feedback and complaint systems were introduced by the Khyber Pakhtunkhwa Police. More than 150,000 citizens gave their feedback on the performance of police officers, among which 90,000 reported satisfaction and 60,000 demanded improvement in the year 2022. This not only improved the efficacy of investigation processes but also made them citizen-centric.
Rampant Corruption
Due to political influence and low wages, police officers often engage in bribery and favouritism. In 2022, a survey was conducted by Transparency International, which revealed that 44% of the natives who engaged with police officers were asked to pay bribes. Furthermore, due to political interference, investigation processes come to a halt and are manipulated in order to save political allies. According to Transparency International,
“Political interference severely compromises the integrity of the investigation process, eroding public confidence in law enforcement and the judicial system.”
Insufficient Resources
Another significant challenge to the effective investigation process in Pakistan is the lack of resources. For instance, in rural areas of Sindh and Balochistan, in addition to the lack of forensic technology, there are insufficient communication tools. According to Human Rights Watch, many police departments in the country lack the necessary infrastructure and resources required for investigations.
Lack of Training and Proper Knowledge of Police Officers
According to the United Nations Office on Drugs and Crime (UNODC),
“Training and capacity-building programs for law enforcement agencies are crucial to improve the quality of investigations, but such programs are either inadequate or inconsistently applied.”
However, in Pakistan, police officers lack special training for operating modern technological equipment. Furthermore, they are not properly trained in contemporary investigative techniques and collection of forensic evidence. Moreover, investigating officers do not have profound knowledge and skills regarding procedures of investigation and various offences falling under different jurisdictions. For instance, if someone is responsible for terrorist activity, then one might be investigated in accordance with the provisions of the Anti-Terrorism Act. On the other hand, if one is guilty of corruption, the investigating officer ought to know the provisions of the Prevention of Corruption Act 1947.
Backlog of Cases
The criminal justice system of Pakistan has envisioned delays in the investigation processes and the resolution of cases. Due to the delay in investigation, the legal rights of the accused, as well as the effectiveness of the criminal justice system, are compromised. The issue of delayed investigations was unveiled amid the Karachi Law and Order case through a number of pending cases in the court system because of inability of the police to complete investigations within the due course of time.
Suggestions for Improvement of Investigation Processes in Pakistan
According to the Rational Choice Theory, a proper investigation process can discourage criminal activity by raising the perception of being apprehended and punished. Hence, the investigation process in Pakistan can be improved by the professional development of law enforcement personnel, particularly emphasizing forensic science, cyber security, and innovative investigation tactics. Moreover, by collaborating with international law enforcement agencies, police officers can learn from each other’s experiences.
Training of Law Enforcement Personnel
In Pakistan, there is a lack of proper personnel training and sufficient resources in the police departments. Women are mostly unwilling to report cases of sexual violence because police officers are not empathetic towards them. In 2022, a survey was conducted by the Human Rights Commission of Pakistan, which unveiled that 65% of women are unwilling to report cases of sexual violence because police officers behave unprofessionally. Therefore, capacity building and training of police officers is crucial specifically in these areas: interview techniques, forensic science, management of crime scenes, and digital investigation.
Investing in Forensic Infrastructure and Technology
In the contemporary era, investing in advanced technology along with forensic laboratories is paramount for collecting evidence. In Pakistan, traditional methods are used, which serve as the primary cause of inaccurate and ineffective investigation processes. According to a survey conducted by the Pakistan Bar Council in 2022, 75% of law enforcement personnel lack formal training regarding the use of forensic evidence, DNA testing, and fingerprint analysis, weakening the investigation process. It is essential to enhance the forensic capabilities of police departments in Pakistan, for instance, ensuring the availability of DNA testing laboratories, digital forensic labs, and fingerprint analysis units. Barry A. J. Fisher is of the notion that,
“Forensic evidence strengthens investigations by providing objective, scientific proof, reducing reliance on circumstantial evidence.”
Development of Professional Attitude amongst Police Officers
The professional attitude of police officers is paramount for investigating a crime, which is primarily affected by political and media influence. Political interference in the tasks of law enforcement agencies is the primary impediment to effective investigations. The investigating officers are often under pressure to manipulate the facts, target specific individuals, or overlook heinous crimes. According to a Transparency International report of 2022, 60% of surveyed police officers accepted that political influence leads to the manipulation of the investigation process primarily because of favouritism. Robert Klitgaard holds that,
“Independent investigations are key to maintaining fairness and integrity in the criminal justice system.”
Therefore, conducting investigations without political influence is significant for their effectiveness. Moreover, honest and hardworking officers should be given privileges and rewards so that they feel motivated to improve their work and perform even better.
Ameliorating Accountability and Transparency Mechanisms
According to Transparency International,
“Without accountability, there can be no trust in the investigation process, leading to a breakdown in the rule of law.”
In order to protect police departments from corrupt practices, internal surveillance units can be established to monitor the misconduct of police officers. Moreover, performance audits of investigating officers can also help in understanding whether the officers are carrying out the investigation process with transparency or not. More than 300,000 citizen complaints were received in 2022 in Khyber Pakhtunkhwa, leading to 4500 investigations regarding police misconduct and 20% cases of disciplinary action.
Updating Forensic Technology
It is essential that a competent and expert investigator is authorized to investigate the cases, particularly heinous crimes like rape, murder, abduction, or fraud. The investigator ought to have relevant experience and expertise regarding the offence in this era of rapid technological advancement. Moreover, for proper record-keeping and effective investigation processes, digital means and updated forensic technology can be incorporated, which can help in tracking cases and better management of evidence. In the Punjab province of Pakistan, the Police Record Management Information System (PRMIS) has been introduced to track the progress of investigations and manage police records digitally. Such systems should be expanded to other provinces to ensure efficiency and transparency.
Increasing the Wages of the Criminal Investigation Department
In addition to this, increased wages of investigating officers can help make the investigation process more effective because it will minimize corrupt practices, increase transparency, and attract skilled and talented people towards the job. For example, in the Punjab Police, initiatives were taken to increase salaries that helped ensure relatively transparent investigations. Moreover, the number of officers accepting bribes and those accused of it was reduced.
Critical Analysis
Various police reform initiatives have been taken in order to improve the investigation process, such as the establishment of special investigative units in Khyber Pakhtunkhwa and the emergence of the Punjab Forensic Science Agency. However, there are still substantial challenges and obstacles in the way of an effective investigation process, such as insufficient resources, lack of training and capacity building of police officers, use of traditional means of investigation, rampant corruption, and political interference. Albert Reiss delineates the importance of the investigation process in gaining the public’s trust in the following words,
“The public’s confidence in the criminal justice system hinges on the thoroughness and fairness of the investigation process.”
When the public has confidence in the criminal justice system, more crimes are reported, and the likelihood of crimes can be considerably mitigated due to a fair investigation process. Therefore, improving the investigation process by increasing accountability, providing training to the officers, and incorporating digital means is paramount.
Conclusion
To sum it up, criminal investigation is the process of understanding the underlying causes of crimes, capturing criminals, and gathering evidence for prosecution. The investigation processes in Pakistan are crucial for upholding justice and deterring crime. While there have been improvements, significant challenges remain, including corruption, resource constraints, and public distrust. By addressing these issues through enhanced training, resource allocation, legal reforms, and community engagement, Pakistan can strengthen its investigative processes and improve the overall efficacy of its criminal justice system. A British judge, Lord Denning, said,
“An investigation must seek the truth, the whole truth, and nothing but the truth, for without truth, justice is impossible.”
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