Criminology and Criminal Justice System in Pakistan

Abstract

Criminology as an academic discipline and as a profession doesn’t enjoy its deserved status in Pakistan. There is a general apathy on part of the academics and practitioners to promote the scientific study of criminology. Moreover, the criminal justice system in Pakistan is a colonial remnant and is unable to meet the challenges of the rising crime rate and the associated complexities involved in the dispensation of justice. This is a descriptive research study. It describes the status of criminology in Pakistan by putting it into the context of socio-economic situation. This paper consists of two parts: Part-I describes crime situation in Pakistan, academic status of criminology, criminological literature and the professional criminological organizations in Pakistan. Part-II specifically deals with the criminal justice system of Pakistan including brief statistics, and reforms on each of the components of criminal justice system.

The author is highly grateful and indebted to the Assistant Editor of Pakistan Journal of Criminology, Mr. Imran Ahmad Sajid, a Ph.D. Research Scholar for collecting data from offices of the criminal justice units and locating some valuable references of criminology in Pakistan.

Appendices

Appendix 1

Fig. 17.2

Crime record flow in Pakistan

Appendix 2

Table 17.8 Situation of Crime in Pakistan- 1991–2008

Appendix 3

Table 17.9 Province-wise Crimes in Pakistan for 2008

Appendix 4

Box 1: HEC proposed curriculum for master of criminological sciences
Scheme of studies The Master in Criminological Sciences is a 2 years programme consisting of four semesters
1st Semester 1. Paper-I (Core) Fundamentals of Criminology 2. Paper-II (Core) Theoretical Perspectives on Crime And Criminal Behaviour 3. Paper-III (Core) Methods of Research in Criminology 4.Paper-IV (Core) Criminal Justice System 5. Paper-V (Core) Correctional Institutions	2nd Semester 1. Paper-1 (Opt.)a Islamic Perspective on Crime and Punishment 2. Paper-II (Opt.) Policing 3. Paper-III (Opt.) Forensic Sciences in Criminology 4. Paper-IV (Opt. Terrorism and Violence 5. Paper-V (Opt.) Criminal Investigation
3rd Semester 1. Paper-I (Core) Penology 2. Paper-II (Core) Community Justice and Crime Prevention 3. Paper-III (Core) Research Thesis In addition to the above cited courses, another two courses carrying 100 marks (score) each from among the courses below shall be opted in the first semester of MCS (Final)	4th Semester 1. Paper-I (Core) Human Rights 2. Paper-II (Core) Criminal Psychology 3. Paper-III (Core) Research Thesis In addition to the above cited courses, another two courses carrying 100 marks (score) each from among the courses below shall be opted in the fourth semester.
1. Paper-I (Opt.) Drug Abuse and Related Crimes 2. Paper-II (Opt.) Organized Crime and Money Laundering 3. Paper-III (Opt.) Child Abuse and Juvenile Delinquency 4. Paper-IV (Opt.) Crime and Criminology in Pakistan 5. Paper-V (Opt.) Organizational Behaviour and Human Resource Development	1. Paper-I (Opt.) Gender and Crime 2. Paper-II (Opt.) Cyber Crime 3. Paper-III (Opt.) Crime and Security 4. Paper-IV (Opt.) Crime and Mental Health Issues 5. Paper-V (Opt.) Procedures of Evidence in Criminal Law 6. Paper-VI (Opt.) Sentencing-As a Post Conviction Strategy 7. Paper-VII (Opt.) Advance Methods of Research in Criminology 8. Paper-VIII (Opt.) Crime Typology

1. Source: Revised Curriculum of Criminology (2003) Higher Education Commission, Curriculum Development Division. Islamabad: Ministry of Education, Pakistan. available at HEC web site, http://www.hec.gov.pk
2. ^aOptional

Box 2: Sindh University, Jamshoro

Two years Postgraduate Programme

1. CRM 501a Fundamentals of Criminology 2. CRM 502 Criminal Justice System 3. CRM 503 Research Methods 4. CRM 504 Islamic Perspectives of Crimes 5. CRM 505 Juvenile Delinquency and Female Criminality 6. CRM 506 Terrorism and Violence 7. CRM 507 Penology 8. CRM 508 Criminal Psychology 9. CRM 601 Policing 10. CRM 602 Constitution Rights and Civil Liberties 11. CRM 603 Criminal Investigation Methods 12. CRM 604 Comprehensive Viva-Voce 13. CRM 605 Dissertation/ Research Project

1. Source: Official web site of Department of Criminology, University of Sindh, Jamshoro. Available at http://www.unisindh.edu.pk
2. ^aA subject code

Box 3: University of the Punjab
One year diploma in criminology and security studies
1st Semester 1. Crime and Criminality: Theory and Policy 2. Criminal Justice System of Pakistan 3. Corruption Studies 4. Introduction to Behavioural Sciences	2nd Semester 1. Research Methods in Criminology 2. Criminal Law and Penal Code of Pakistan 3. Criminal Investigation 4. Forensic Science in Criminology
Master in Criminology and Security Studies is a 2-year program consisting of 4 semesters. To qualify for the degree, a student should complete 18 courses, Internship and Thesis
1st Semester 1. Introduction to Criminology 2. Introduction to Security Studies 3. Computer Applications 4. National and International Perspective on Crime and Security 5. Crime and Criminality: Theory and Policy	2nd Semester 1. Crime and Security 2. Geographical Information System (GIS) 3. Criminal Justice System of Pakistan 4. Research Methods in Criminology 5. Social Statistics in Criminology
3rd Semester 1. Organizational Behaviour and Human Resource Development 2. Crime and Criminology in Pakistan 3. Islamic Perspective on Crime and Punishment 4. Criminal Investigation 5. Community Justice and Crime Prevention 6. Child Abuse and Juvenile Delinquency 7. Penology 8. Criminal Psychology 9. Crime and Mental Health Issues	4th Semester 1. Gender and Crime 2. Terrorism and Violence Drug Abuse and Related Crimes 3. Procedures of Evidence in Criminal Law 4. Forensic Science in Criminology 5. Policing 6. Organized Crime and Money 7. Laundering 8. Internship 9. Thesis

1. Source: Official web site of Department of Criminology, University of Punjab. Available at http://www.pu.edu.pk

Box 4: Karachi University
Two years Masters in Applied Criminology
1st Semester 1. Introduction to Criminal Behaviour 2. Theoretical Perspective of Crime and Criminal Behaviour 3. Research Methodology in Criminology 4. Principal of Criminal Law and Justice System 5. Correctional Institution as Social System	2nd Semester 1. Organizational Problem and Management 2. Islamic Perspective on Crime & Punishment 3. Policing and security 4. Forensic Genetics and Psychology 5. Statistical Methods in Criminology
3rd Semester Core Course 1. Terrorism, Violence and Control 2. Introduction to Criminal Investigation 3. Research Thesis Optional Courses (students are required to select at least 2 subjects) 1. Drug Abuse and Related Crimes 2. Gender and Crimes 3. Organized Crime and Money Laundering 4. Advance Research Methodology	4th Semester Core Course 1. Penology 2. Procedure of Evidence in Criminal Law 3. Research Thesis Optional Courses (students are required to select at least 2 subjects) 1. Mental Health and Issues 2. Child Abuse and Juvenile Justice System 3. Sentencing as Post Conviction Strategy 4. Human Rights Law Enforcement Agencies

1. Source: Provided by a Master Student of the Criminology, Karachi University

Box 5: Author’s proposed curriculum of M.Sc. criminology
Previous year (1st year)	Final year (2nd year)
Previous year (1st year) 1. Basic Criminology 2. Criminal Law and Procedure 3. International Crimes 4. Police & Policing 5. Criminological Research	Final year (2nd year) 1. Criminal Justice System 2. Investigation, Intelligence and Security Studies 3. Contemporary Criminology and Policing 4. Human Rights 5. Individual Research Thesis (Tutorial) 6. Viva Voce

1. Source: Fasihuddin (2008). Expanding Criminology to Pakistan. Peshawar: Pakistan Society of Criminology

Appendix 5

Box 6: Police existing system of criminal record
Register I: First Information Report (FIR)	Register XIV: File Book of Inspection Reports
Register II: Station Diary	Register XV: The Register of Births and Deaths. (Vital Statistics)
Register III: Standing Order Book (2 parts)	Register XVI: Register of Government Officials and Property (4 Parts)
Register IV: Register of Absconders and Deserters. (4 parts)	Register XVII: Register of Licenses. (6 Parts)
Register V: Register of Correspondence (2 parts)	Register XVIII: Receipt Books for Arms, Ammunition and Military stores
Register VI: Miscellaneous Register (4 parts)	Register XIX: The Store Room Register
Register VII: Cattle Pound Register (2 parts)	Register XX: Cash Accounts
Register VIII: Criminal Tribes Register (2 parts)	Register XXI: File Book of Road Certificates
Register IX: The Village Crime Register (5 parts) part-v as Conviction Register	Register XXII: Printed Receipts Books
Register X: The Surveillance Register (2 parts)	Register XXII: (a) Police Gazette
Register XI: Index to History Sheets and Personal Files (2 parts)	Register XXII: (b) Criminal Intelligence Gazette
Register XII: Register of information Sheet dispatched	Register XXIII: Police Rules
Register XII: (a) Copies of Information Sheets Received	Register XXIV: Charge notes of officers in-Charge of Police Stations
Register XII: (b) Copies of Look-out Notices received	Register XXV: Blank Register (Confidential Information) Register No. XXVI (A)a Register No. XXVII (A)a
Register XIII: Minute Book for Gazetted Officers

1. Source: Police Rules, 1934. Chapter XXII Police Station, PR 22.45
2. ^aThese two registers were designed and added by the PSC in joint collaboration with Ministry of Human Rights and Save the Children, Sweden and UNIFEM for KPK Police which are now also added to Balochistan Police. These two new registers are now fully introduced in two of the four provinces in Pakistan

Appendix 6

Fig. 17.3

Police Organization and Administration with special Reference to Recruitment and Training. & Training College & Source: Fasihuddin (2009). Police Education and Training in Pakistan: Pakistan Journal of Criminology. Vol.1. No.2. July 2009. p. 53

Appendix 7

Table 17.10 Total Police Budget in Pakistan 2008 (Figures in Millions Rupees)

Appendix 8

Functions of the Police

It includes, but is not limited to,

• (a) Protect life, property and liberty of citizens;

• (b) Preserve and promote public peace;

• (c) Ensure that the rights and privileges, under the law, of a person taken in custody, are protected;

• (d) Prevent the commission of offences and public nuisance;

• (e) Collect and communicate intelligence affecting public peace and crime in general;

• (f) Keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighbourhood of and at the places of public worship;

• (g) Regulate and control traffic on public roads and streets;

• (h) Take charge of all unclaimed property and to prepare its inventory;

• (i) Detect and bring offenders to justice;

• (j) Apprehend all persons whom police are legally authorized to apprehend and for whose apprehension, sufficient grounds exist;

• (k) Ensure that the information about the arrest of a person is promptly communicated to a person of his choice;

• (l) Enter and inspect without a warrant on ­reliable information any public place, shop or gaming-house where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters;

• (m) Obey and promptly execute all lawful orders;

• (n) Aid and co-operate with other agencies for the prevention of destruction of public property by violence, fire, or natural calamities;

• (o) Assist in preventing members of public from exploitation by any person or organized groups;

• (p) Take charge of lunatics at large to prevent them from causing harm to themselves or other members of the public and their property; and

• (q) Prevent harassment of women and children in public places.

• (r) Affording relief to people in distress situations, particularly in respect of women and children;

• (s) Providing assistance to victims of road accidents; and

• (t) Assisting accident victims or their heirs or their dependants, where applicable, with such information and documents as would facilitate their compensation claims.

Appendix 9

Box 7: Police reforms in Pakistan

1. 1948 Passage of Bill to introduce a Metropolitan System of Policing in Karachi 2. 1951 Recommendations of Sir Oliver Gilbert Grace, IG Police, NWFP 3. 1961 Police Commission headed by Mr Justice J.B. Constantine 4. 1962 Pay & Services Reorganisation Committee (Justice Cornelius) 5. 1970 Police Commission headed by Major General A.O. Mitha 6. 1976 Police Station Enquiry Committee headed by M.A.K. Chaudhry, IG Police 7. 1976 Law and Order Sub-Committee headed by Ch. Fazal Haque  8. 1976 Police Reforms Committee headed by Rafi Raza 9. 1981 Orakzai Committee on Police Welfare, Promotion and Seniority Rules 10. 1982 Cabinet Committee on the Emoluments of SHOs 11. 1983 Cabinet Committee on Determining the Status of SHOs 12. 1983 Sahibzada Rauf Ali Committee 13. 1985 The Police Committee headed by Mr Aslam Hayat 14. 1987 Report of the two-member delegation’s visit to Bangladesh and India 15. 1989 Report of the seven-member delegation’s visit to Bangladesh and India 16. 1990 Police Reforms Implementation Committee—M.A.K. Chaudhary 17. 1995 Report of the UN Mission on Organized Crime in Pakistan 18. 1996 Report of the Japanese Police Delegation on the Police System in Pakistan 19. 1997 Committee on Police Reforms under the Chairmanship of Interior Minister 20. 1998 Report of the Good Governance Group on Police Reforms: Committee Vision 21. 2000 Report of the Focal Group on Police Reforms: NRB Draft 2000

1. Source: HRCP/CHRI 2010. (2010). Police Organization in Pakistan. Lahore: Human Rights Commission of Pakistan

Appendix 10

Table 17.11 Conviction Rate in Khyber Pakhtunhwa —2009

Appendix 11

Fig. 17.4

Classification of Criminal Courts Under Section 6 of CrPC. Source: Barakatullah (2010). Judicial System of Pakistan: Pakistan Journal of Criminology Vol. 2. No. 3. July 2010

Appendix 12

Fig. 17.5

Classification of Courts. Source: Barakatullah (2010). Judicial System of Pakistan: Pakistan Journal of Criminology Vol. 2. No. 3. July 2010. Addl: Additional. Sub. Div: Sub Divisional. Asstt: Assistant

Appendix 13

A detailed list of all the functions by a Probation Officers has been given in the Probation of Offenders Ordinance (1960), Section 10 which are

• Explain to every probationer placed under his charge, the terms and conditions of the Probation order made in respect of such probationer, and if so deemed necessary, by warnings, endeavour to ensure their observance by the probationer;

• In the first 2 months of probation of every probationer under his charge, meet the probationer at least once in a fortnight, and thereafter, subject to the provisions of the Officer in Charge, keep in close touch with the probationer, meet him frequently, make enquiries into his conduct, mode of life and environments, and wherever practicable, visit his home from time to time;

• If any probationer under his charge be out of employment, endeavour to find suitable employment for him and assist, befriend, advise and strive to improve his conduct and general conditions of living;

• Encourage every probationer placed under his supervision to make use of any recognized agency, statutory or voluntary, which might contribute towards his welfare and general well-being, and to take advantage of the social, recreational and educational facilities which such agencies might provide;

• Where a probationer under his supervision, who has executed a bond, with sureties under section 5, is found to have committed any breach of the terms of his bond, or to have otherwise misconducted himself, to bring such breach or misconduct to the notice of his sureties;

• Maintain the books and registers and submit reports prescribed under these rules; and

Subject to the provisions of these rules shall carry out the instructions of the Court in regard to any probationer placed by the Court under his supervision.