IPC

This article has been written by Hnunbiaklian Kullai pursuing a Startup Generalist & Virtual Assistant Training Program from Skill Arbitrage.

This article has been edited and published by Shashwat Kaushik.

What is crime

Crime is a deviant behaviour against the established norm. The established norm may be the Constitution of a country as a formal document or custom with traditional precedents. Crime, sui generis, is a bane to the existence of civilisation and therefore warrants a stiff resistance from individuals and society at large.

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Perception of crime: methodology

Information surveys are vital in shaping the perception of crime. Such surveys take the form of primary data collection or secondary data collection. More often than not, this exercise includes a mix of both methods. 

Primary surveys extract raw data from the target field, which is richly mined from the scene of the crime, for example, forensic teams gather evidence from the crime scene for evidence of foul play. One of the more recent cases finds mention of the Lakhimpur Kheri incident in Uttar Pradesh. 

It was reported that a minor 13-year-old girl suffered multiple mutilations to her body, eventually leading her to succumb to her injuries. Surveillance teams from nearby police stations were engaged to probe and enquire into the incident. Information collected at the spot has a lesser propensity of being doctored; therefore, primary data gathering takes precedence over the secondary method in terms of quality of data. 

Armchair research or a secondary form of data collection, has its strengths as well. For one, it facilitates the comparison of information that has been archived, the National Crime Records Bureau for instance. This form of scholastic analysis provides room for debate and discourse in the larger scheme of things. 

It is, therefore, left to the wisdom of the general public and more so to the Courts of Law to mould, shape, and tinker with their own perception of crime by surgically examining the resources available before them.

Statistics of crime in India

India as we know it has a total cognisable crime prevalence of 58,24,956 against its 1,379.7 million strong population in 2023. Since 1953, there has been an increase of 52,22,982 cognisable crimes in total. This is an alarming scenario because we observe an explosion to the extent of 89.7% from the time the Indian Constitution came into effect. 

2021 data from the National Crime Records Bureau reveal that undertrials share a substantial slice of the criminal pie chart at 427,165 individuals. 2.7 percent of these undertrials have been locked behind bars for over five years and counting. 

In Tihar jail, there are 16,759 undertrials, including 621 females. 15 individuals, all of whom are males, serve time as detainees in the capital’s penitentiary. Convicted felons constitute 8.9 percent of the inmates. It should, therefore, raise alarms in the corridors of justice that innocent lives may be brought to naught if undertrials remain guilty until they are proven to be innocent. 

In the 2023 data revealed by the National Crime Records Bureau, Uttar Pradesh pivoted itself to the top in terms of crime against women. The state received a maximum number of registered FIRs at 65,743.

Fig. Rate of IPC crime in India, 2012 (Ministry of Statistics and implementation)

Why are crimes increasing in India

The growing trajectory of crimes is multifaceted. It is attributed to social, political, economic, cultural, international, environmental, and legal factors. Socio-economic offences, in recent years, have made an indelible mark in the legal fabric of the state.

Such offences come to the fore as fraudulence, bribery, money laundering, embezzlement, insider trading, corruption, etc. Domestic crimes have stretched themselves beyond national boundaries, for example, the Nirav Modi case and the Vijay Mallya case, garnering international media attention. 

Retributive sanctions for criminal offences in India fall behind on effective and timely disposal of cases. It does not help the fact that our judicial system is overworked, underfunded, understaffed, and finally, cocooned by a much-needed infrastructure upgrade. 

Case backlogs form a chorus at each level of the judiciary, ranging from the Learnt District Courts, Hon’ble High Courts and the Hon’ble Apex Court. There are 50 million criminal and civil suits pending as we speak. It would take a generous estimated timeline of 300 years to put the disputes to rest. Not to mention that this is exclusive to the future cases currently being drafted and discussed. 

Special courts, though in session, are working with a maximum strength of 12 benches pan-India. 754 Fast track courts have a steady disposal rate per capita; however, cases pile on the daily. Adequate staffing poses a silent yet formidable challenge to the efficient functioning of the aforementioned learnt courts in their respective jurisdictions. 

Political claw-rooms bare their fangs, one against another, to ensnare their competitors in a vicious cycle of litigation. Whether those charges and allegations stand the test of our Supreme Document is a relevant but different matter. 

What should be the crux of concern is that some laissez-faire-esque forces are working behind the curtains, enabling it, fostering it, and nurturing it until ultimately it becomes too malicious to rein it in, for its bridles fall short of any measure of morality and decency.

In light of such misconstrued use of the legal system, mention may be made of the landmark cases that project the political party scenario of our country in all but a positive light. Indira Nehru Gandhi case of 1975, Lakshmi Charan case of 1985, Kihoto Hollohan case of 1992, INC (I) case of 2002, Jagjit Singh case of 2006, B.P Singha case of 2010, etc. render to us as popular spectators of this parliamentary democracy a vivid pen picture of how far down things can spiral if left to its own meritorious or unmeritorious devices. It is but a stark reality showcasing the abuse of the justice system. 

Extradition cases with respect to fugitive economic offenders like Nirav Modi, Mehul Choksi, and Vijaya Mallya do little to engender confidence in the criminal justice system. Stakeholders and shareholders alike have found no recourse for proportional compensation for their investments from the aforementioned fugitives. 

This creates a snowball effect, eventually causing an avalanche of investors, both active and potential, to withdraw their capital portfolios in the domestic market. This augurs badly for the Indian economy and the poorer sections of the population receive the shorter end of the stick. 

Prosecution for illegal smuggling of endangered animals and animal parts such as Chinese pangolins, rhino horns, elephant tusks/ivory, and bear gall bladders have fallen short of making an example for those who are aspiring felons. According to the Association of Zoos and Aquariums, the demand for skin, fur, claws, and teeth has inundated the black market. 

The population of tigers, leopards, and jaguars is shrinking as a result of enforcement laxities. That poachers have succeeded despite stringent sanctions and regulations points to a larger problem in the nature of a systemic issue.

Ramifications of statistics on crime prevention

The most important effect has to be spreading awareness about the prevalent crimes in society. Rape, for example, has been documented and analysed to raise awareness on women’s safety in society. In data recovered from 2022, there were as many as 31,000 registered rape cases that year. Both registered and unregistered cases are estimated to exceed at least 50,000.

The second most important result is accountability to society. Human trafficking has been brought to the attention of the public at large. In popular media, a movie titled “Sound of Freedom” has provoked a palpable sentiment of disgust towards the perpetrators of child trafficking and equally garnered empathy and collective remorse towards those who had the unfortunate fate of enduring such trauma. In 2023, India oversaw the rescue of 839 victims and apprehended 170 others involved in human trafficking.

It also moulds public policy, which can better mirror the demands of society. Forced labour is still rampant in India. This modern avatar of slavery has ensnared 11 million people and shows no sign of decrease. This is a result of poverty manifesting as the lack of basic needs of food, water, and shelter. The labourers are mostly employed in raw material-guzzling industries such as electronics, palm oil, solar panels, gold, and garments. The Drafting Committee of the Indian Constitution preemptively included Article 23(1), which prohibits “begar” in any form.

It reinforces belief in a democratic society. Audit reports of the Comptroller and Auditor General of India remind the executive branch of the government to exercise prudence and austerity in their expenditure. If expenditures are disproportionate to the receipts causing loss to the exchequer, the constitutional authority reprimands the erring agencies, and the media amplifies it. 2G spectrum allocation, CoalGate, Delhi CommonWealth Games 2010, Padmanabhaswamy Audit are some of the watermark events where data stood in judgement against elected officials. 

It provides a moral compass that sensitises the public about the archaic practices of society. The Times of India reported in 2023 that caste-based violence against scheduled castes has escalated by 13% in 2022. The Prevention of Atrocities Act has been enacted and enforced to prosecute such heinous acts.

It has the effect of checking social and familial crimes. Data on domestic violence became an eye opener when it exposed the misdeeds that were hidden in plain sight. Physical, emotional, and sexual violence garlands the domestic violence scene in India. According to the India Development Review, 32 percent of married women have suffered in silence until they came to a breaking point. The Domestic Violence Act was a watershed in providing women and wives with the remedy against abuse committed within the confines of their household.

Role of vigilance in data gathering for prevention of crime

As we stand at the precipice of completing a quarter of the 21st century, it becomes essential, now more than ever, to have a Night Watchman approach towards data collection in the larger context of the criminal justice system. Every other sector of the economy, be it primary, secondary, tertiary, or quaternary, is data-driven and data-governed. 

Therefore, there is no excuse for laxity on the part of investigators and scholars alike to mine such information as may be relevant for the effective delivery of justice. 

While exercising vigilance, one must take caution that numbers so recorded reflect and reveal the ground realities on which it is primarily based. This is indispensable for the very reason that numbers hold up a mirror to society and hold individuals accountable for their acts of omission, commission, or both. 

Hence, it is prudent for officers on the ground to extrapolate information from the scene of the crime rather than reading their own biases into an otherwise sensitive case, which in effect they all tend to be. 

Do statistics stay true to ground realities, or are they merely a jumble of digits at the helms of the powers that be?

Yes and no. Yes, because there is a strong conviction that numbers are absolute figures and therefore representative of an objective reality. No, because numbers and figures derive their value from whoever, by authority, is allowed to interpret them. Further, it is at the discretion of those in positions of power to publish the data or withhold information from the public. 

Article 19(1) of the Indian Constitution guarantees to its citizens the right to information. The Central Information Commission is the principal agent created under an Act of Parliament to facilitate the exercise of this fundamental right. During 2016-17, 32344 cases were disposed-off by the statutory body out of the 34982 pending cases before it. In 2023, the disposal rate of RTI appeals had crossed 90 percent. 

This, therefore, shows that active citizenry can prevail despite the acumen of red-tapism in the iron cage of bureaucracy.

Bodies engaged in collecting data

Various non-government organisations (NGOs) engage themselves, independently or by way of empanelment, in mining information through active rounds of questionnaires, online and offline. Observer Research Foundation, Global Initiative Against Transnational Organised Crime, Red Dot Foundation, Wildlife Protection Society of India, and Navjyoti India Foundation have been active participants in ensuring that information is accessible for all, especially through the digital media. 

They are at the vanguard of protecting civil liberties as they continue to partake actively and assertively in bringing about lasting change in society. They do so by paying routine visits to far flung areas of the country, for example, Kathua, Kanpur, and Muzaffarpur, where the rural inhabitants are overwhelmed by illiteracy, unemployment, poverty, and caste-based marginalisation. 

The print and digital media have been deploying journalists as foot soldiers for getting first-hand information on the current happenings at ground level. National dailies like The Hindu, The Indian Express, Hindustan Times, and Times of India keep us on the loop about  government actions affecting our lives. Digital platforms like the wire, print, etc. give us real-time updates on the latest news. 

What is the future of crime prevention in India

The answer is no-brainer if the preceding paragraphs are to be held accountable. Big Data on criminal activities, whether or not they received media attention, should be diligently maintained and efficiently archived.

Every station house officer in the country, through effective administrative orders, should be made to update data in their respective portals. The use of information technology at the grass-roots level of policing can hedge against the tampering of data. 

There should be a nodal official for overseeing criminal data entries in the offices of the District Superintendents of Police and Deputy Commissioners of Police. The office of the Director Generals of Police/Commissioners of Police should have an official at the rank of a Deputy Inspector of Police to verify the data entries and confirm them for official release and subsequently for public use. 

Various faculties of law in universities and national law universities across the country can act as custodians of records and maintain the same in digital format and hard copy. Law students can play an important role in helping the agencies collect and analyse information. 

This would help nurture the spirit of inquiry in the participating students. It would also pay dividends in the long run in the form of establishing a legal posterity of educated and driven minds across the country. 

Data science steps involved in crime prediction

Data science steps involved in crime prediction:

  1. Data collection:
    • Gather data from various sources, such as police records, social media, and sensor networks.
    • Clean and organise the data to ensure its accuracy and consistency.
  2. Exploratory xata nalysis:
    • Analyse the data to identify patterns, trends, and relationships between different variables.
    • Use visualisation techniques to gain insights into the data and identify potential crime hotspots.
  3. Feature engineering:
    • Extract relevant features from the data that can be used for crime prediction.
    • Create new features by combining or transforming existing features to improve the predictive power of the model.
  4. Model selection:
    • Choose the appropriate machine learning model for crime prediction based on the nature of the data and the desired outcomes.
    • Popular models include decision trees, random forests, and neural networks.
  5. Model training and evaluation:
    • Divide the data into training and testing sets.
    • Train the model on the training set and evaluate its performance on the testing set.
    • Use metrics such as accuracy, precision, and recall to assess the model’s effectiveness.
  6. Hyperparameter tuning:
    • Adjust the model’s hyperparameters, which control the learning process, to optimise its performance.
    • Use techniques like grid search or Bayesian optimisation to find the best combination of hyperparameters.
  7. Feature importance:
    • Analyse the model to determine the importance of each feature in making predictions.
    • Identify the most influential features that contribute to crime prediction.
  8. Model interpretation:
    • Explain the model’s predictions and decision-making process.
    • Use techniques like SHAP (SHapley Additive Explanations) or LIME (Local Interpretable Model-Agnostic Explanations) to understand how the model arrives at its conclusions.
  9. Deployment and monitoring:
    • Deploy the trained model into a production environment to make real-time crime predictions.
    • Continuously monitor the model’s performance and retrain it as needed to ensure its accuracy and reliability.
  10. Ethical considerations:
    • Address ethical concerns related to data privacy, bias, and fairness.
    • Ensure that the crime prediction model is used responsibly and does not lead to discrimination or harm to individuals or communities.

Conclusion

The Indian Penal Code 1890, the Criminal Procedure Code 1973, and the Indian Evidence Act 1873 have had their day in the sun in the numerous back and forths between the bar and bench. Their interpretations have been comprehensive but never exhaustive. Since the inception of these criminal laws, myriad evidences and records have been compiled to deliver justice in the best way the courts know how within the precincts of the Constitution of India. 

In light of the new criminal laws, namely, Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam, which came into force on 1 July 2024, information gathering surveys, open-ended and semi-open-ended questionnaires, interviews, field studies, and archival exercises should receive new vigour and push from the legal fraternity as well as from the general public.

What these new laws say will positively be a product of documentary submissions, which will have a feedback effect on crime prevention. It is not hyperbole to argue that data from the ground is made flesh in the courtrooms. That is how laws have made their beginnings and that is how they are sustained thereafter with the resilience to stand the test of time. 

Crime prevention is only as effective as the information that is available to tackle the symptoms and their causes. It is a diagnostic and surgical approach, anything below that falls short and becomes a non-starter. No one is absolved from the responsibility of faithfully adhering to the facts of the case. Therefore, statistics, when used proactively, can speak truth to power.

References

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