CRIME REPORTING IN INDIA: PROFILING CRIMINALS THAN CONDEMNING CRIMES

With the boom in media industry in India, News has become a product to be consumed by the readers and viewers and, thus, sold in terms of attracting revenue by boosting circulation and TRP (Television Rating Point) than providing pure information to aware the mass and empower people. In most cases, news is determined on the basis of public craze, not requirement. This fact of Indian journalism has led to over emphasis on Sensational, Political and Crime Reporting. Today, Crime reports have taken a major place in Newspapers, Magazines, portals and also TV News Channels. This trend in Indian media has hardly helped checking crimes in the society but has definitely made substantial contributions in creating some dons out of petty criminals.

Among the recent cases is the murder case of Judo Coach Biranchi Das in Bhubaneswar of Orissa that took place on 13 April 2008. Since the day it happened, both police and media treated it as a high profile murder case as Biranchi Das was the man who made a slum child Budhia Singh the youngest marathoner to be featured in the Limca Book of records. This achievement as a coach also pushed him into regular controversies on charges of ‘using a child like Budhia Singh for personal achievement and popularity’ and ‘misappropriating the donation money came to the trust made in the name of child marathoner Budhia Singh’ of which Biranchi was the managing trustee and chief operator.

The first to bring the news to public were TV News channels who not only carried the news as a shocking information but presented the story as a sensational one both in its nature and in terms of visuals. Almost all the stories carried visuals of the blood-splashed body of Biranchi Das, close up of bullet wounds, blood spots at the place along with some bytes of the brother and few students of the victim Biranchi Das. In the bytes, the name of Raja alias Sandip Acharya – a gangster who was into crimes on ransom and for personal interests – came as the killer. Since then all the reports – be it in the form of print, TV, radio or web – made Raja, a gangster, the central theme and the crime, its gravity and the reason and motives behind it came as passing references. Investigations were made on the criminal history and operations of Raja and placed as lead stories in newspapers and TV news bulletins. Gangster Raja and his criminal records grabbed most of the front-page space and airtime. Visuals and photographs of Raja came in abundance on TV channels and newspapers. Every move of the gangster resulting failure for the city police in nabbing him got a priority place everywhere.

Details about police raids in different places, possible hideouts of Raja were served as spices for news consumers. Media diverted the public craze from the basic crime of murdering a coach to an upcoming criminal gangster Raja Acharya. Instead of presenting Raja as an absconder fearing police arrest, media presented Raja as a challenger to Police. The hype for a gangster was so much that Raja became the most dreadful don in the state even though he was absconding to avoid a police arrest. Even the police couldn’t keep itself free from the influence of media reports. The massive security arrangements in the airport, hospital and judicial court on the day of Raja’s arrival in Bhubaneswar, after he was taken into custody in Goa, clearly indicated how media had weakened the moral strength of Orissa Police in general and Bhubaneswar – Cuttack Commissionerate Police in particular.

Media’s craze for spicy items inspired Raja to utilise it for creating confusion by giving statements to newspaper and TV channel offices directly. And unfortunately without bringing the statements of a criminal to the notice of the investigating police team media brought it direct to public to give a fresh clue in the morning for coffee shop discussions. Apart from the statements of a projected criminal, even rumours found a place in the TV news bulletins and front-pages of newspapers. Full half an hour slots in TV fell short to narrate the story of the culprit and crimes he committed.

But what is the impact? Did the elaborated and sensationalised stories made people aware to come forward for stopping further crime in their city? Were people encouraged to bring any criminal act to the notice of Police? Rather, police was so presented in the stories and the nexus were so highlighted that people would have lost faith on Police and, possibly, in future they wouldn’t even dare to inform police about a crime happens in front of them or is about to happen. In contrast, the small town gangster Raja Acharya was given so much importance that public sees him as a don. Now everybody is scared of his name and picture. Tomorrow, after being released, it would be very easy for Raja to continue collecting money forcibly from people.

So, what our crime reporting did? It simply helped a criminal rather than checking further crime. Biranchi Das Murder case reporting is just a tip of the iceberg. Boom in Indian media industry of mushrooming of TV channels and media houses have started dealing with news like a consumer product where saleability matter more than the real purpose of news and ethical reporting. With this the chronic problems of people and communities are not getting a proper presentation. Like when the Raja factor ruled all news bulletins and newspapers, the voice of Orissa MPs raised to safeguard the interests of the state and other mineral rich states just found a mention and no follow-up was made on the very important aspect of development.

Biranchi Das was murdered when people’s plight in Vedanta University project area and the issue of former speaker’s alleged involvement in a sexual harassment case in the state assembly were in statewide discussion. Both the issues vanished from all media since the Murder of Biranchi Das took place and a hint of Raja’s involvement sparkled in some bytes. As an aware and responsible citizen representing as well as impacting the common mass, journalists should act with more caution while reporting crimes. Just to create sensation and draw some individual mileage, it is quite unfair to publicise things that would influence or obstruct a normal investigation and add power to an evil element of the society. In order to check any irresponsible act in crime reporting, there should also be some kind of regulations to restrict over-publicity of criminals by highlighting their criminal records and publishing their photographs and live videos as these acts would hamper an investigation, promote criminal activities and generate fear in the civil society for certain criminals.

Reporting the crime

Year after year, Police refuse to act and file thousands of complaints made by citizens. Arvind Verma looks at the FIR mechanism that forms the basis of criminal investigation.

January 2004 - By now everyone has heard about the murder of Satyendra Dubey for daring to stand against the road Mafia in Bihar. A young IIT-Kanpur engineer, Satyendra attempted to expose the corruption within the National Highway Authority’s road construction project in Bihar. The story is not unfamiliar and the basis of countless Bollywood films. The only difference is that in the film the hero not only exposes the corruption but comes out triumphant winning the hand of the fair maiden in addition. The reality is naturally sadly different. The criminal-political system nexus is powerful. Blowing the whistle can backfire as Dubey’s case illustrates. People naturally wonder if a senior engineer working for Government of India cannot succeed against organized crime nexus and can be so easily eliminated what a lay person can do.

In the focus upon Dubey’s murder it is perhaps worthwhile to examine why combating corrupt practices is so difficult within the existing mechanism. This article looks at one aspect. Dubey was forced to approach the PMO for his department was not pursuing his complaints. They were indifferent to the charges brought up by Dubey and may be they were hand in glove with the very elements that he was trying to expose. This is a problem not peculiar to the National Highway Authority [NHA].

The very mechanism that forms the basis of criminal investigation in the country needs examination.

Corruption and other forms of crimes are defined in law and the guilt is determined through a due process by the judiciary. The laws prescribe serious punishment for many of these crimes. However, complaints about criminal incidents are entertained by the police who act as gatekeepers to the criminal justice system. A police officer determines if a criminal incident has taken place and only he is empowered to investigate the case. The procedure of taking down the complaint and subsequent investigation is governed by the Code of Criminal Procedure enacted in 1862 and amended in 1973. According to Section 154 CrPC a criminal complaint made to the police is reduced in writing and recorded by the station house officer [SHO]. This section stipulates that whenever a citizen informs the police, or the police learn otherwise about the occurrence of a cognizable crime the SHO shall institute a First Information Report [FIR] which initiates the criminal investigation.

There are several implications of this seemingly innocuous legal proposition. First, investigation by the police can only be done for a cognizable crime. A non-cognizable criminal incident is a minor infraction of the law where police cannot arrest a person except by the order of the court. In all cognizable incidents however, the police have the power to arrest without a warrant. All major crimes like theft, burglary, robbery, cheating assaults, homicide etc. are cognizable offenses under the Indian Penal Code of 1860. However, the police officer may refuse to believe or reduce the gravity of the complaint to make it non-cognizable. This judgment is significant since for a cognizable offense the officer has no discretion and is obliged to record the complaint and begin investigation. The distinction is generally not known to the citizen who remains under the impression that police will act on his/her complaint whereas the matter may simply have been filed away. The police refuse to act and file thousands of such complaints made by the citizens.

Furthermore, Law places considerable importance to the FIR. The Courts accept this police made document without corroboration. Subsequent evidence however, whether oral or written and documented in the crime investigation diary has to be corroborated since the Law makes the assumption that police story cannot be trusted. Indeed, under Section 162 CrPC, the statement of a witness can only be used by the police for contradiction in the Court. Police declare the witness hostile if he or she deviates from the story told earlier. In the famous case of Bollywood tycoon Bharat Shah, witnesses like Shahrukh Khan were declared hostile by the prosecution for they changed their subsequent statements. It is only the FIR that is believed by the court under the assumption that the police have no knowledge of the incident and thence cannot tailor the story to strengthen the prosecution.

Right from the beginning of the present criminal justice system, around 1860 onwards, the Indian police have developed mechanisms to circumvent these legal restrictions. A common strategy is not to record the FIR immediately as provided by section 154 CrPC. Invariably, the police officers hear the complaint, go to the place of incident, contact witnesses and collect evidence before writing down the FIR. They try to incorporate as much evidence in the FIR as possible since it helps to strengthen the case. This is contrary to Law but a common practice in the country. Since this practice helps their investigation, senior officers too turn a blind eye towards this circumvention of the Law. Unfortunately, this leaves the SHOs in a dominant position of determining when and which criminal incident to register and which one to ignore. All these organizational practices lead to corruption and misuse of authority. Indeed, citizens

Section 154 of CrPC stipulates that whenever a citizen informs the police, or the police learn otherwise about the occurrence of a cognizable crime the SHO shall institute a First Information Report [FIR] which initiates the criminal investigation.

commonly experience considerable problems in registering a case at the police station. Frequently, the SHO has to be bribed or approached through some senior officer to lodge the complaint.

Furthermore, many complaints are not recorded or the gravity of offense is minimized to claim that crime is under control. A vast number of crimes are simply not being registered by the Indian police. This so called minimization of crime is a serious and wide-spread problem at all the police stations in the country. The Crime in India-1999, a compilation of police crime reports by the National Crime Records Bureau brings this out in an outrageous manner. The largest populated state UP, which records high figures for violent and property crimes nevertheless recorded only 43 cases of juvenile delinquency. Bengal has just 4 cases, which is less than the numbers for Goa, and sparsely populated Arunanchal Pradesh. These offenses are about juvenile delinquents of ages 7-18 for both the sexes. Considering that there are around 30-40 million young people in the state, either the figures suggest that in UP and Bengal there are little saints totally bereft of any criminal behavior or else the statistics are terribly inconsistent with the real situation. When small cities like Vadodra (99), Pune (104), Jaipur (87) record more juvenile cases than the large metropolis of Calcutta (only 2 cases) the figures appear horribly wrong and artificial.

The problem of recording and reporting white collar crimes in public sector undertakings is even more complex. In all major public sector undertaking there is a separate department of Vigilance that functions directly under the Chief Executive and acts as the watch dog for improper actions. Largely, the function of the Vigilance units is to keep a strict watch over the personnel to ensure that probity is maintained in the operations of the organization. In large public sector units the Vigilance office is administered by IPS or other police officers on deputation. Sometimes retired army officers are also entrusted with this responsibility. However, most Vigilance units function largely as watch and ward units concerned only about security and providing protection to the management. Their responsibilities of investigation and prosecution fall much short of expectation. If at all any corrupt personnel are caught in public sector units than these are largely through the efforts of the Central Bureau of Investigation [CBI] that exercises parallel jurisdiction over Public Sector Units [PSU] under the Central government.

It is noteworthy that local police departments are not involved in investigation of crimes of corruption, cheating and frauds that occur in these PSUs. All such crimes are investigated by the Vigilance departments or by the CBI. The PSUs under the state government (like State Electricity Board, Transport Department, PWD etc.) are similarly covered by the State Vigilance Department or some special units in the Criminal Investigation Departments, both under the direct control of police headquarters. The non-involvement of local police makes exposure of such cases very difficult for the complainants who need to go elsewhere to report about corruption. Such organizational distribution of responsibilities makes it difficult for corruption in the government units to be properly checked. If any citizen or honest public official has knowledge of such criminal activities he/she has to go through departmental bureaucracy to report these incidents. Since in majority of cases the senior officers themselves are involved or indifferent to the organizational malpractices this particular route is naturally fraught with charges of indiscipline and consequences for the upright officer. Trying to report the matter directly to the internal Vigilance section is also similarly mined since it is a part of headquarters where the same bureaucrats are involved.

The CBI is an independent external investigator but there are limitations to the number of cases that can be handled by it and in any case it is remote from the place where corruption may be going on. This leaves few avenues to the upright officer to combat corruption that is going all around him. No wonder poor Dubey attempted to go directly the PMO for he could see that the

National Highway Authority officials were not interested in combating corruption within their organization.

On the one hand, overcoming the problem of police discretion at the FIR level is a difficult one. The officers at police stations will register criminal cases only when they are forced or bribed. On the other hand PSU managements have rarely exercised powers to combat corruption within their organization. Their politicization has made corruption ubiquitous within them. The government, more particularly the politicians and the entrenched bureaucrats benefit from the existing arrangements and have little desire to change the system. Accordingly, they have little interest in controlling corruption within the PSUs. The courts are notoriously slow and unlikely to be stirred in bringing efficiency to their functions. It is a testimony to the strength of Dubey that single handedly he attempted to combat these powerful forces. Redeeming hope though lies with vigilant citizens who sometimes assert to bring some change. The outpouring of public indignance over Dubey’s murder has stirred many people to action. A group of IITians have joined together to pursue the police investigation and ensure that it is not diluted at behest of interested politicians. The media has been pursuing the story and keeping it in the limelight. Already, it has stirred the conscience of the nation and the case may become a test for Vajpayee government to display its sincerity of purpose. Lalloo Yadav too realized its significance and quickly handed the case to the CBI. This has helped in bringing the nodal agency at an early stage into the investigation when the trail is still not cold. Some breakthroughs have been made and witnesses to the murder have been found. The Supreme court too has taken cognizance of this case and is demanding full report from the concerned authorities. The challenge before all the concerned citizens is to ensure that every crime of corruption is handled in a similar manner

Crime in India

Crime is present in various forms in India. Organized crime include drug trafficking, gunrunning, money laundering, extortion, murder for hire, fraud, human trafficking and poaching. Many criminal operations engage in black marketeering, political violence, religiously motivated violence, terrorism, and abduction. Other crimes are homicide, robbery, assault etc. Property crimes include burglary, theft, motor vehicle theft, and arson. Corruption is a significant problem

Crimes against women

Police records show high incidence of crimes against women in India. The National Crime Records Bureau reported in 1998 that the growth rate of crimes against women would be higher than the population growth rate by 2010.[1] Earlier, many cases were not registered with the police due to the social stigma attached to rape and molestation cases. Official statistics show that there has been a dramatic increase in the number of reported crimes against women.[1]

Sexual Harassment

Half of the total number of crimes against women reported in 1990 related to molestation and harassment at the workplace.[1] Eve teasing is a euphemism used for sexual harassment or molestation of women by men. Many activists blame the rising incidents of sexual harassment against women on the influence of "Western culture". In 1987, The Indecent Representation of Women (Prohibition) Act was passed[2] to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner. In 1997, in a landmark judgement, the Supreme Court of India took a strong stand against sexual harassment of women in the workplace. The Court also laid down detailed guidelines for prevention and redressal of grievances. The National Commission for Women subsequently

elaborated these guidelines into a Code of Conduct for employers. While public urination is practised by men of all ages in India, it is socially unacceptable for girls and women to publicly urinate when restrooms are unavailable. In other countries such as Laos, Cambodia, and Vietnam public urination is practised by women when there are no toilets. Resisting urination leads to harassment and UTI in women.

Dowry

In 1961, the Government of India passed the Dowry Prohibition Act,[7] making the dowry demands in wedding arrangements illegal. However, many cases of dowry-related domestic violence, suicides and murders have been reported. In the 1980s, numerous such cases were reported. However, recent reports show that the number of these crimes have reduced drastically. In 1985, the Dowry Prohibition (maintenance of lists of presents to the bride and bridegroom) rules were framed.[9] According to these rules, a signed list of presents given at the time of the marriage to the bride and the bridegroom should be maintained. The list should contain a brief description of each present, its approximate value, the name of whoever has given the present and his/her relationship to the person. A 1997 report [10] claimed that at least 5,000 women die each year because of dowry deaths, and at least a dozen die each day in 'kitchen fires' thought to be intentional. The term for this is "bride burning" and is criticized within India itself. Amongst the urban educated, such dowry abuse has reduced dramatically.

Child Marriage

Child marriage has been traditionally prevalent in India and continues to this day. Young girls live with their parents until they reach puberty. In the past, the child widows were condemned to a life of great agony, shaving heads, living in isolation, and shunned by the society. [11]

Although child marriage was outlawed in 1860, it is still a common practice. According to UNICEF’s “State of the World’s Children-2009” report, 47% of India's women aged 20–24 were married before the legal age of 18, with 56% in rural areas.[13] The report also showed that 40% of the world's child marriages occur in India.[14]

Female infanticides and sex selective abortions

India has a highly masculine sex ratio, the chief reason being that many women die before reaching adulthood.[1] Tribal societies in India have a less masculine sex ratio than all other caste groups. This, in spite of the fact that tribal communities have far lower levels of income, literacy and health facilities.[1] It is therefore suggested by many experts, that the highly masculine sex ratio in India can be attributed to female infanticides and sex-selective abortions.All medical tests that can be used to determine the sex of the child have been banned in India, due to incidents of these tests being used to get rid of unwanted female children before birth. Female infanticide (killing of girl infants) is still prevalent in some rural areas.[1] The abuse of the dowry tradition has been one of the main reasons for sex-selective abortions and female infanticides in India.

Domestic violence

The incidents of domestive violence are higher among the lower Socio-Economic Classes (SECs). There are various instances of an inebriated husband beating up the wife often leading to severe injuries. Domestic violence is also seen in the form of physical abuse. The Protection of Women from Domestic Violence Act, 2005 came into force on October 26, 2006.

Illegal drug trade

India is located between two major illicit opium producing centres in Asia - the Golden Crescent comprising Pakistan, Afghanistan and Iran and the Golden Triangle comprising Burma, Thailand and Laos.[15] Because of such geographical location, India experiences large amount of drug trafficking through the borders.[16] India is the world's largest producer of licit opium.[17] But opium is diverted to illicit international drug markets.[17] India is a transshipment point for heroin from Southwest Asian countries like Afghanistan and Pakistan and from Southeast Asian countries like Burma, Laos, and Thailand.[18] Heroin is smuggled from Pakistan and Burma, with some quantities transshipped through Nepal.[18] Most heroin shipped from India are destined for Europe.[18] There have been reports of heroin smuggled from Mumbai to Nigeria for further export.[18] In Maharashtra, Mumbai is an important centre for distribution of drug.[19] The most commonly used drug in Mumbai is Indian heroin (called desi mal by the local population).[19]

Both public transportation (road and rail transportation) and private transportation are used for this drug trade.[19]

Drug trafficking affects the country in many ways.

Drug abuse: Cultivation of illicit narcotic substances and drug trafficking affects the health of the individuals and destroy the economic structure of the family and society.[20]

Organized crime: Drug trafficking results in growth of organized crime which affects social security. Organised crime connects drug trafficking with corruption and money laundering.[20]

Political instability: Drug trafficking also aggravate the political instability in North-West and North-East India.[21]

A survey conducted in 2003-2004 by Narcotics Control Bureau found that India has at least four million drug addicts.[22] The most common drugs used in India are cannabis, hashish, opium and heroin.[22] In 2006 alone, India's law enforcing agencies recovered 230 kg heroin and 203 kg of cocaine.[23] In an annual government report in 2007, the United States named India among 20 major hubs for trafficking of illegal drugs along with Pakistan, Afghanistan and Burma. However, studies reveal that most of the criminals caught in this crime are either Nigerian or US nationals.[24] Several measures have been taken by the Government of India to combat drug trafficking in the country. India is a party of the Single Convention on Narcotic Drugs (1961), the Convention on Psychotropic Substances (1971), the Protocol Amending the Single Convention on Narcotic Drugs (1972) and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).[25] An Indo-Pakistani committee was set up in 1986 to prevent trafficking in narcotic drugs.[26] India signed a convention with the United Arab Emirates in 1994 to control drug trafficking.[26] In 1995, India signed an agreement with Egypt for investigation of drug cases and exchange of information and a Memorandum of Understanding of the Prevention of Illicit Trafficking in Drugs with Iran.[26]

Arms trafficking

According to a joint report published by Oxfam, Amnesty International and the International Action Network on Small Arms (IANSA) in 2006, there are around 40 million illegal small arms in India out of approximately 75 million in worldwide circulation.[27] Majority of the illegal small arms make its way into the states of Bihar, Chhattisgarh, Uttar Pradesh, Jharkhand, Orissa and Madhya Pradesh.[27] In India, a used AK-47 costs $3,800 in black market.[28] Large amount of illegal small arms are manufactured in various illegal arms factories in Uttar Pradesh and Bihar and sold on the black market for as little as $5.08.[27] Chinese pistols are in demand in the illegal small arms market in India because they are easily available and cheaper.[27] This trend poses a significant problem for the states of Bihar, Uttar Pradesh, Jharkhand, Chhattisgarh, Orissa,

Maharashtra, West Bengal, Karnataka and Andhra Pradesh which have influence of Naxalism.[27]

The porous Indo-Nepal border is an entry point for Chinese pistols, AK-47 and M-16 rifles into India as these arms are used by the Naxalites who have ties to Maoists in Nepal. [27] In North-East India, there is a huge influx of small arms due to the insurgent groups operating there. [29] The small arms in North-East India come from insurgent groups in Burma, black market in South-East Asian countries like Pakistan, Bangladesh, Nepal and Sri Lanka, black market in Cambodia, the People's Republic of China, insurgent groups like the Liberation Tigers of Tamil Eelam, the Communist Party of India (Maoist), the Communist Party of Nepal (Maoist), Indian states like Uttar Pradesh and pilferages from legal gun factories, criminal organizations operating in India and South Asian countries and other international markets like Romania, Germany etc.[29] The small arms found in North-East India are M14 rifle, M16 rifle, AK-47, AK-56, AK-74, light machine guns, Chinese hand grenades, mines, rocket-propelled grenades, submachine guns etc.[29] The Ministry of External Affairs and Ministry of Home Affairs drafted a joint proposal to the United Nations, seeking a global ban on small-arms sales to non-state users.[27]

Poaching and wildlife trafficking

Illegal wildlife trade in India has increased.[30] According to a report published by the Environmental Investigation Agency (EIA) in 2004, India is the chief target for the traders of wildlife skin.[31] Between 1994 and 2003, there have been 784 cases where the skins of tiger, leopard or otter have been seized.[31] Leopards, rhinoceros, reptiles, birds, insects, rare species of plants are being smuggled into the countries in Southeast Asia and the People's Republic of China.[30] Between 1994 and 2003, poaching and seizure of 698 otters have been documented in India.[31] Kathmandu is a key staging point for illegal skins smuggled from India bound for Tibet and PRC.[31] The report by EIA noted there has been a lack of cross-border cooperation between India, Nepal and the People's Republic of China to coordinate enforcement operations and lack of political will to treat wildlife crime effectively.[31] The poaching of the elephants is a significant problem in Southern India[32] and in the North-Eastern states of Nagaland and Mizoram.[33] The majority of tiger poaching happen in Madhya Pradesh, Uttar Pradesh, Orissa, West Bengal, Assam and Arunachal Pradesh.[34] Following is a comparison of reported cases of tiger and leopard poaching from 1998 to 2003:

Year 1998 1999 2000 2001 2002 2003

Reported cases of tiger poaching[35] 14 38 39 35 47 8

Reported cases of leopard poaching[35] 28 80 201 69 87 15

Samir Sinha, head of TRAFFIC India, the wildlife trade monitoring arm of the World Wide Fund for Nature (WWF) and the World Conservation Union (IUCN), told Reuters in an interview "The situation regarding the illegal trade in wildlife parts in India is very grim. It is a vast, a varied trade ranging from smuggling of rare medicinal plants to butterflies to peafowl to tigers and it is difficult to predict how big it is, but the threats and dimensions suggest that the trade is increasing".[30] Project Tiger, a wildlife conservation project, was initiated in 1972 and was launched by Indira Gandhi on April 1, 1973.[36] With 23 tiger reserves, Project Tiger claimed to have succeeded.[36] But according to critics like conservationist Billy Arjan Singh, temporary increases in tiger population were caused by immigration due to destruction of habitat in Nepal, not because of the widely acclaimed success of wildlife policy in India.[36]

Cyber crime

Cases of spam, computer hacking, cyber stalking and email fraud are rampant in India.[37] The Information Technology Act 2000 was passed by the Parliament of India in May 2000, aiming to curb cyber crimes and provide a legal framework for e-commerce transactions.[38] However Pavan Duggal, lawyer of Supreme Court of India and cyber law expert, viewed "The IT Act, 2000, is primarily meant to be a legislation to promote e-commerce. It is not very effective in dealing with several emerging cyber crimes like cyber harassment, defamation, stalking and so on".[37]

Although cyber crime cells have been set up in major cities, Duggal noted the problem is that most cases remain unreported due to a lack of awareness.[37] In 2001, India and United States had set up an India-US cyber security forum as part of a counter-terrorism dialogue.[39] In 2006, India and the US agreed to enhance cooperation between law enforcement agencies of the two countries in tackling cyber crimes as part of counter-terrorism efforts.[39] A joint US-India statement released in 2006 after talks between US President George W. Bush and Indian Prime Minister Manmohan Singh stressed that in view of the importance of cyber security and cyber forensic research, the two countries are also carrying out discussions on a draft protocol on cyber security.[39]

Corruption and police misconduct

Corruption is widespread in India. It is prevalent within every section and every level of the society.[40] Corruption has taken the role of a pervasive aspect of Indian politics. [41] In India, corruption takes the form of bribes, evasion of tax and exchange controls, embezzlement, etc.Despite state prohibitions against torture and custodial misconduct by the police, torture is widespread in police custody, which is a major reason behind deaths in custody.[42][43] The police often torture innocent people until a 'confession' is obtained to save influential and wealthy offenders.[44] G.P. Joshi, the programme coordinator of the Indian branch of the Commonwealth Human Rights Initiative in New Delhi comments that the main issue at hand concerning police violence is a lack of accountability of the police.[45] In 2006, the Supreme Court of India in a judgment in the Prakash Singh vs. Union of India case, ordered central and state governments with seven directives to begin the process of police reform. The main objectives of this set of directives was twofold, providing tenure to and streamlining the appointment/transfer processes of policemen, and increasing the accountability of the police.[46] In 2006, seven policemen were charge sheeted and eleven were convicted[47] for custodial misconduct.

Crime over time

Incidence of cognizable crimes in India 1953-2007 [48]

A report published by the National Crime Records Bureau compared crime rate from 1953 to 2006. The report noted that burglary declined over a period of 53 years by 38% (from 1,47,379

in 1953 to 91,666 in 2006), whereas murder has increased by 231% (from 9,803 in 1953 to 32,481 in 2006).[49] Kidnapping has increased by 356% (from 5,261 in 1953 to 23,991 in 2006), robbery by 120% (from 8,407 in 1953 to 18,456 in 2006) and riots by 176% (from 20,529 in 1953 to 56,641 in 2006).[49] In 2006, 51,02,460 cognizable crimes were committed including 18,78,293 Indian Penal Code (IPC) crimes and 32,24,167 Special & Local Laws (SLL) crimes, with an increase of 1.5% over 2005 (50,26,337).[47] IPC crime rate in 2006 was 167.7 compared to 165.3 in 2005 showing an increase of 1.5% in 2006 over 2005.[47] SLL crime rate in 2006 was 287.9 compared to 290.5 in 2005 showing a decline of 0.9% in 2006 over 2005.[47]

Year[49] Total cog. crimes under IPC

Murder Kidnapping Robbery Burglary Riots

1953 6,01,964 9,802 5,261 8,407 147,379 20,529

2006 18,78,293 32,481 23,991 18,456 91,666 56,641

% Change in 2006 over 1953

212.0 231.0 356.0 120.0 -38.0 176.0

SOURCE: National Crime Records Bureau[49]

Crime by locale

Location has a significant impact on crime in India. In 2006, the highest crime rate was reported in Pondicherry (447.7%) for crimes under Indian Penal Code which is 2.7 times the national crime rate of 167.7%.[47] Kerala reported the highest crime rate at 312.5% among states.[47]

However this is attributed to Kerala's higher literacy awareness among locals, thereby reporting crimes at police stations, which doesn't happen in many other states in India.[citation needed] Kolkata (71.0%) and Madurai (206.2%) were the only two mega cities which reported less crime rate than their domain states West Bengal (79.0%) and Tamil Nadu (227.6%).[47] Delhi, Mumbai and Bangalore have accounted for 16.2%, 9.5% and 8.1% respectively of the total IPC crimes reported from 35 mega cities.[47] Indore reported the highest crime rate (769.1%) among the mega cities in India followed by Bhopal (719.5%) and Jaipur (597.1%).[47]

Jammu & Kashmir (33.7%), Manipur (33.0%), Assam (30.4%) and Daman and Diu and Pondicherry (29.4%) reported higher violent crime rate compared to 18.4% at national level. [47]

Uttar Pradesh reported the highest incidence of violent crimes accounting for 12.1% of total violent crimes in India (24,851 out of 2,05,656) followed by Bihar with 11.8% (24,271 out of 2,05,6556).[47] Among 35 mega cities, Delhi reported 31.2% (533 out of 1,706) of total rape cases.[47] Madhya Pradesh has reported the highest number of rape cases (2,900) accounting for 15.0% of total such cases reported in the country.[47] Uttar Pradesh reported 16.9% (5,480 out of 32,481) of total murder cases in the country and 18.4% (4,997 out of 27,230) total attempt to murder cases.[47]

Crimes against foreigners in India

There are some instances of violent crime against foreigners in India.[50] Many of the crimes occur against foreigners only. Scams involving export of jewels occur in India, which target foreign citizens.[50]

Political demonstrations are common in India. These demonstrations often turn violent and routinely cause disruption of transportation services, causing great inconvenience to foreign tourists in India. Traveling alone in remote areas after dark is of particular risk to foreigners.[51]

Because the American, Canadian and British citizens' purchasing power is relatively large compared to the general Indian population, they are the preferred target for robbery and other serious crime.[52]

In April 1999, Swaraj Damree, a tourist from Mauritius was befriended by a group of Indians who later held him in 25 days of captivity. They robbed him of cash amounting to US $1,500, took his travellers' cheques, wrist watch, gold chain, bracelet, two bags and suitcase. [53] In 2000, two German trekkers were shot in Himachal Pradesh. A few weeks later, two Spanish tourists were killed in Himachal Pradesh by robbers.[54] Many foreign tourists are victims of violent crime in Kolkata.[55] In September 2006, criminals robbed the wallet of a British woman in Kolkata.[55] The same month, a Japanese tourist was robbed on his way to Sudder Street.[55] In October 2006, a foreigner was robbed in daylight on Park Street.[55]

Petty crime

Petty crime, like pickpocketing, bag snatching etc. is widespread in India. Theft of foreigners' valuables from luggage on trains and buses is common. Travelers who are not in groups become easy victims of pickpockets and purse snatchers. Purse snatchers work in crowded areas.[56]

Passport theft

In India, stealing passports of foreigners from their luggage on trains and buses is widespread.[50] Theft of U.S. passports is very common, especially in major tourist areas.[52][57]

Confidence tricks

Many scams are perpetrated against foreign travelers, especially in Jaipur, the capital of Rajasthan.[52] Scammers usually target younger foreign tourists and suggest to them that money can be made by privately transporting gems or gold, or by taking delivery abroad of expensive carpets, avoiding customs duties.[52] Such incidents occupy the traveler for several days. The traveler is then passed to a new scam artist who offers to show the foreign traveler the sights. Scam artists also offer cheap lodgings and meals to foreign travelers so they can place him or her in the scam artist's physical custody and thus make the foreigner vulnerable to threats and physical coercion. In the process, the foreigner loses his passport.[52]

Taxi scam

There are also taxi scams present in India, whereby a foreign traveler, who is not aware of the locations around Indian airports, is taken for a ride round the whole airport and charged for full-fare taxi ride while the terminal is only few hundred yards away.[56] Overseas Security Advisory Council in a report mentioned the process about how to avoid taxi-scam.[56]

Rape and sexual assault

Incidents of rape and sexual assault against foreign tourists at popular tourist spots is increasing in India. Many of the alleged perpetrators are children of senior government officials or politicians.[58][59] In September 1994, Gurkirat Singh, grandson of the then CM Beant Singh, was accused of abducting and molesting a French tourist, Katia Darnand, in Chandigarh.[60][61] In March 2006, Biti Mohanty, son of a senior police official in Orissa, raped a German tourist in

Alwar, Rajasthan.[62][63] A Japanese woman was raped in Pushkar, Rajasthan on April 2, 2006.[64]

[65] In June 2007, a South Korean was raped near Manali.[62] In September 2007, two Japanese women were gang-raped in Agra,[62] a popular tourist-spot in India where the Taj Mahal is situated. The Indian state of Rajasthan--a popular destination among foreign tourists, with one out of every three foreign travellers visiting the state--have been rattled by rape cases of foreign tourists.[66] On December 5, 2009, a Russian woman was raped in Goa by a local politician, John Fernandes. In February 2008, Scarlett Keeling, a British national aged 15, was raped and killed in Goa.[67] In January 2010, a Russian girl aged 9 was raped in Goa;[68] referring to this and earlier cases, Russia threatened to issue an advisory asking its citizens not to travel to the coastal state.[69] The US Bureau of Consular Affairs has warned women not to travel alone in India.[57]

However in contrast the British Foreign office only advise them to take normal precautions.[70]

Murder and manslaughter

The following are reported cases of foreigners reported missing or killed in India.

NameAge

SexNationality

DateCircumstances

Place StateReferences

Graham Staines

58 Male Australia1999/01/22

Burned to death by mob

Manoharpur

Orissa Link

Timothy Staines

7 Male Australia1999/01/22

Burned to death by mob

Manoharpur

Orissa Link

Philip Staines

9 Male Australia1999/01/22

Burned to death by mob

Manoharpur

Orissa Link

Michael Blakey

23 MaleUnited Kingdom

2006/11/28

Stoned to death

Dharamsala

Himachal Pradesh

[71][72]

Stephen Bennett

40 MaleUnited Kingdom

2006/12/11

Hanged in a jungle

RohaMaharashtra

[73][74]

Elena Sukhnova

24Female

Russia2006/05/08

Left dismembered on rail track

Revora Goa [75]

Browne Chapa Sherianne Maria

Female

Trinidad and Tobago

2009/12/03

Suspected poisoning

AgraUttar Pradesh

[76]

Kirill Gusev Male Russia 2009Suspected poisoning

Pernem Goa [77]

Jean-Baptiste Talleu

27 Male France2007/12/05

Missing since BombayMaharashtra

[78]

Anna Bartlett

25Female

United Kingdom

2003/10/02

Head injuries ManaliHimachal Pradesh

[79]

Daniel Mountwitten

23 Male Australia2005/08/05

Missing since ChallalHimachal Pradesh

[80]

Scarlett Keeling

15Female

United Kingdom

2008/02/18

Drugged and assaulted

Anjuna Goa [81]

Leos Klimes MaleCzech Republic

2007/08/07

Missing since LehJammu and Kashmir

[82]

How to report a Cyber Crime  

Filing a complaint/ Writing an application letter.

What details will I be asked to include in my complaint?

You may need to provide the following possible information, along with an application letter addressing the head of cyber crime investigation cell when filing a complaint:

Your name, Your mailing address, Your telephone number, Specific details on how the offence was committed, along with the names and

addresses of suspects and any other relevant information necessary.

What contents should be there in the application letter?

Contents vary with respect to the type of fraud or crime faced by you.

Cyber Stalking:It is the most common kind of cyber crime happening in India and the victim’s report could contain the following information:

Email/IM communications received Phone numbers of the obscene callers, if any Website address which contains the profile Screenshot or the webpage (to be saved and submitted in hard copy) Other important necessary information could be provided after consulting law

enforcement agency.

Note:Victims of Cyber Stalking often request webmaster to delete their Profile. Deleting the profile

means the evidence is lost.

Password Hacking:

When did you access your email account last? From where and which computer did you browse it? All information about email account e.g. date of birth entered, pin code entered and

security question and the last password?

What type of documents should be included in my application which can be considered as proof or evidence in regard to my complaint? Every possible information which can be provided by you with proper documents can be included in the application letter and be considered as proof or evidence. Proof or Evidence may include the following:

E-mail printouts, Chat-room or newsgroup text or screenshots if taken by you, Email printouts should contain full email header information, Transaction acknowledgements or receipts, Credit card records, transaction details and receipts, Envelopes or letters received via post courier, FAX copies, Pamphlets or brochures (if you have received), Phone bills, Printed or preferably electronic copies of web pages Keep the necessary information in a safe location; you will be required to provide them

for investigation as and when required.

Note: Proof or documents which will be part of the application are not restricted to the above list, additional information may be required depending on the nature of crime.

What should I do if I believe my complaint is time sensitive?

You should contact your local police station directly if you believe your matter is time sensitive.

You can get the crime related information on other below mentioned web sites links:-

Mumbai Police: www.mumbaipolice.org

Pune Police: www.punepolice.com

Thane Police: www.thanepolice.org

Indian Computer Emergency Response Team: www.cert-in.org.in

If you think you or anyone you know are in immediate danger, please contact your local police station or main control room (Phone no. 100) immediately!  Online reporting should NEVER be used in the event of an emergency requiring immediate attention. (Disclaimer: Contents of this page have been provided for general information and should not be construed to be legal advice.  This web site is not a complete or authoritative source of legal information.

Information on this site therefore should not be considered legal advice or otherwise relied upon. If you have any specific questions please contact a lawyer or otherwise seek independent professional advice before acting on anything contained herein. We do not take any responsibility for reliance on errors or omissions in the content contained on our web site.)

TV News crime reporting and crime shows deserve today’s Oscar. Sansani (Star News), Dial 100 (NDTV India), Aaj Tak’s Jurm, or Sony’s Crime Patrol make CID look like children playing cops and robbers. They’re all so, so into the crime you think it’s being committed then and there. We’re presented with a colourful recitation and often, reconstruction of events, replete with music and words calculated to create a sense of foreboding — and then it’s over to the victims, the stunned survivors, the gossipy neighbours, the unrepentant (invariably unshaven) criminals and, finally, the police who revel in a detailed description of the crimes. These stars of the show don’t know if they should appear saddened by the terrible acts they encounter or happy for the opportunity to display their detective skills. One thing’s for sure: if there was a crime, preferably with a gory ending in your family, neighbourhood, you can be sure it will be on TV news in perfect ghoulish detail. As for privacy, respect for the dead or grief-stricken, forget it. In addition to these dramatis personae, we have presenters who look the part. Of criminals. Look at Sansani’s villainous pony-tailed discovery: he speaks with an end-of-the-world demeanour. He and his colleagues on other shows/ channels are either doomsday sayers or avenging Gods. And yes, they’re very loud and melodramatic.

Guidelines For Crime Reporting By Media In IndiaV.K.Singh , 18-Dec-2009 08:39:12 AM

The Delhi High Court has constituted a committee to formulate guidelines for crime reporting by the media. Retired Chief Justice J.S.Verma would be its head. The committee will comprise of one member from the National Broadcasters’ Association, one from Press Council of India, representatives from media, Delhi Police and the petitioner. The court was hearing a public interest petition filed by an NGO seeking action against police officials for allegedly leaking to the media confessional statements made by suspected terrorists in the Batla House case. Two terrorists and a police inspector were killed in that shootout Sep 19 last year. Praveen Dalal, Managing Partner of Perry4Law, has welcomed this step of the Delhi High Court. He also stressed upon the importance of “whistleblower’s protection” as well. He informs that similar proposals were mooted by the government of India as well but they were strongly resisted by the media community. Now with the present direction the path for suitable guidelines and law in this regard has become clear. While the move is in the right direction, the government of India must reconcile the conflicting interests of right to information on the one hand and regulation of media reports on the other. The committee would consider this aspect in mind while formulating the guidelines. 

Crime reporting: Publicises criminals

Crime reporting in India is more influenced by sensationalism; ethical responsibilities have become secondary. Here is an analysis of how the murder of Biranchi Das � the judo coach and creator of the youngest marathoner Buddhia Singh � was reported.

WITH THE boom in media industry in India, news has become a product to be consumed by the readers and viewers, and thus, sold in terms of attracting revenue by boosting circulation and television rating point (TRP) than providing pure information to aware the mass and empower them.

In most cases, news is determined on the basis of public craze, and not requirement. This fact in Indian journalism has led to over emphasis on sensational, political and crime reporting. Today crime reports have taken a major place in newspapers, magazines, portals and also TV news channels. This trend in Indian media has hardly helped checking crimes in the society but has definitely made substantial contributions in creating some dons out of petty criminals. Among the recent cases is the murder case of the judo coach, Biranchi Das, in Bhubaneswar of Orissa that took place on April 13, 2008. Since the day it happened, both police and media treated it as a high profile murder case as Biranchi was the man who made a slum child Budhia Singh the youngest marathoner to be featured in the Limca Book of records. This achievement as a coach also pushed him into regular controversies on charges of ‘using a child like Budhia Singh for personal achievement and popularity’ and ‘misappropriating the donation money came to the trust made in the name of the child marathoner Budhia Singh’ of which Biranchi was the managing trustee and chief operator.

The first to bring the news to the public were the TV news channels that not only carried the news as a shocking information but also presented the story as a sensational one both in its nature and in terms of visuals. Almost all the stories carried visuals of the blood-splashed body of Biranchi Das, close-up of bullet wounds, blood spots at the place along with some bytes of the brother and few students of the victim. In the bytes, the name of Raja alias Sandip Acharya – a gangster who was into crimes on ransom and for personal interests – came as the killer. Since then all the reports – be it in the form of print, TV, radio or web – made Raja, a gangster, the central theme. And the crime, its gravity, the reason and motives behind it came as passing references. Investigations were made on the criminal history and operations of Raja and placed as lead stories in newspapers and TV news bulletins. Gangster Raja and his criminal records grabbed most of the front-page space and airtime. Visuals and photographs of Raja came in abundance on TV channels and newspapers. Every move of the gangster resulting failure for the city police in nabbing him got a priority place everywhere. Details about police raids in different places, possible hideouts of Raja were served as spices for news consumers.

Media diverted the public craze from the basic crime of murdering a coach to an upcoming criminal gangster Raja Acharya. Instead of presenting Raja as an absconder fearing police arrest, media presented Raja as a challenger to police. The hype for a gangster was so much that Raja became the most dreadful don in the state even though he was absconding to avoid a police arrest. Even the police couldn’t keep itself free from the influence of media reports. The massive security arrangements in the airport, hospital and judicial court on the day of Raja’s arrival in Bhubaneswar, after he was taken into custody in Goa, clearly indicated how media had weakened the moral strength of Orissa police in general and Bhubaneswar – Cuttack Commissionerate Police in particular. Media’s craze for spice items inspired Raja to utilise it for creating confusion by giving statements to newspaper and TV channel offices directly. And unfortunately without bringing the statements of a criminal to the notice of the investigating police team, media brought it direct to public to give a fresh clue in the morning for coffee shop discussions. Apart from the statements of a projected criminal, even rumours found a place in the TV news bulletins and front-pages of newspapers. Full half an hour slots in TV fell short to narrate the story of the culprit and crimes he committed.

But what is the impact? Did the elaborated and sensationalised stories make people aware to come forward for stopping further crime in their city? Were people encouraged to bring any criminal act to the notice of police? Rather, police was so presented in the stories and the nexus were so highlighted that people would have lost faith on it and in future they wouldn’t even dare to inform police about a crime in front of them. In contrast, the small town gangster Raja Acharya was given so much importance that public sees him as a don. Now everybody is scared of his name and picture. Tomorrow, after being released, it would be very easy for Raja to

continue collecting money forcibly from people. So, what our crime reporting did? It simply helped a criminal rather than checking further crime.

Biranchi Das Murder case reporting is just a tip of the iceberg. Boom in Indian media industry and the mushrooming TV channels and media houses have started dealing with news like a consumer product where saleability matter more than the real purpose of news and ethical reporting. With this, the chronic problems of people and communities are not getting a proper presentation. Like, when the ’Raja’ factor ruled all news bulletins and newspapers, the voice of Orissa MPs raised to safeguard the interests of the state and other mineral rich states just found a mention and no follow-up was made on the very important aspect of development. Biranchi was murdered when people’s plight in Vedanta University project area and the issue of former speaker’s alleged involvement in a sexual harassment case in the state assembly were in state wide discussion. Both the issues vanished from all media since the Biranchi Das Murder took place and a hint of Raja’s involvement sparkled in some bytes.

As an aware and responsible citizen representing as well as impacting the common mass, journalists should act with more caution while reporting crimes. Just to create sensation and draw some individual mileage, it is quite unfair to publicise things that would influence or obstruct a normal investigation and add power to an evil element of the society. In order to check any irresponsible act in crime reporting, there should also be some kind of regulations to restrict over-publicity of criminals by highlighting their criminal records and publishing their photographs and live videos as these acts would hamper an investigation, promote criminal activities and generate fear in the civil society for certain criminals.