CRIMINOLOGY

Supplementary Notes
For CE- 2023
By

Syed Zaffar Hassan Naqvi

National Officers Academy (NOA)

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 CRIME CRIMINALITY AND CRIMINAL BEHAVIOR

Crime Criminality Criminal Behavior

It is any act or omission which Criminality is a trait: Criminal Criminal Behavior is general
is punishable by the Law. Mindedness. conduct expected to be
exhibited by a person which
may lead to a criminal act.
Examples include “Theft” Example includes a person For example, a habitual traffic
“Robbery” “Kidnapping” or who is always inclined to signal violator is always trying
traffic violation. commit a crime. to violate the signal whenever
he gets such opportunity.
A person may commit a crime Criminality centers more The general behavior may or
despite having little around the intention and urge may not lead to a criminal act.
criminality. For example, a for crime. For example, a traffic violator
person may break a traffic For a example a habitual is trying to violate the signal,
signal in the wake of an traffic signal violator has but he leaves such intention as
extreme exigency. Despite developed a trait of violating soon as he sees a traffic
having done a criminal act, the the traffic law. This trait sergeant. Now in such a case
personality of such person is criminality. the act/crime is not committed
not dominated by but the behavior so exhibited
“Criminality”. could be termed as criminal
behavior.

Typologies of Crimes and Focus of Typology

Typology simply means classification into different categories. A typology of crimes and criminals
therefore attempts to classify the crime and criminals on the basis of similarity of characteristics.

For example crimes may be categorized in terms of:

1- Nature of Act (Mala in Se and Mala Prohibita)

2- Severity (Infraction, Misdemeanor and Felony)
3- Target (Property Crimes and Cybercrimes)

Likewise Criminals may be categorized in terms of following

1- Frequency (Occasional and Habitual)

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)
 2- Age (Juvenile Vs Adult)
3- Gender (Male Vs Female Criminals)

Benefits of Typology

a. Aids in understanding patterns and behaviors.

b. Aids in making comparisons
c. The policy makers may take benefit of the analysis of typology.
d. Helps the investigators in understanding the patterns of crime.

What should be the Focus of Typology:

Clarity: The basis of classification must be clear. For example, classification of criminals according to
their eating patterns will never be useful.

Exclusivity: The classification should be such in which one person doesn’t fall in to two different
categories such as cricket lovers and football lovers. Now there is every likelihood of one person may be
falling into both categories.

Reasonability: Classification should be made in such a manner that reasonable number of people fall in
that category.

Some other types of crimes:

Violent Crimes

These are the crimes in which physical force is used against persons or properties.

Following crimes fall in the category of violent crimes.

i. Homicide
ii. Assault & Battery
iii. Rape
iv. Terrorism
v. Family Violence
a. Child Abuse
b. Wife Beating
c. Sibling Abuse
d. Violence against the Elderly
vi. Corporate Violence (substandard eatable products, inadequate safety arrangements)
vii. Government Violence (Violence in Kashmir Valley)
viii. Professional Violence (unnecessary surgery by physicians)

Economic/Financial Crimes

It is a crime for economic or financial gain.

Examples include
BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)
 a. Theft
b. Robbery
c. Burglary
d. Shoplifting
e. Employee theft
f. Telemarketing Fraud
g. Bribery
h. Money Laundering

Victimless Crimes or Crimes without victim

Normally there are two parties to a crime, one or more offenders and one or more victims. For
example in crime of a theft, the thieve is the offender while the person whose valuable has stolen is
the victim. In offence of a murder, the murderer is offender while the slain is victim. This
distinction can be made in most of the crimes. However there is an exception to this rule for certain
crimes in which victim or offender cannot be distinguished. Such crimes are generally committed
with the consent of the parties involved such as prostitution and gambling.
The term “Victimless crime” can be defined as under”

“Those non-forceful offenses where the conduct subjected to

control is committed by adult participants who are not willing to
complain about their participation in the conduct, and no direct
injury is inflicted upon other persons not participating in the
prescribed conduct1

1
Decker, The Consideration of an Absolute Defense or Mitigation in Crimes Without Victims, 5 ST. MARY'S L.J. 40 (1973)
[hereinafter cited as Decker.
BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)
 CRIME STATTISTICS IN PAKISTAN

Crime Report
(Yearly )
Year/
Attempted Kidnapping/ Motor
All Reported Murder Dacoity Robbery Burglary Cattle theft Other theft Miscellaneous
Month Murder Abduction Vehicle Theft

1 2 3 4 5 7 8 9 10 11 12 13

2010 642762 13190 15533 18181 4586 18098 16784 8846 35259 40397 471888
2011 673750 13860 15496 19523 5015 20521 18073 9345 40103 42223 489591
2012 645647 13846 15338 20194 4257 17081 17638 9046 34663 40102 473482
2013 634404 13937 14648 19472 4053 17363 17053 7743 - 37751 502384
2014 627116 13276 14499 18700 3516 18107 17153 7459 - 35288 499118
2015 633600 9486 11336 17922 2329 15164 15878 6502 - 32400 522583
2016 677554 8516 10279 18057 1636 13088 14572 6068 23813 34320 547205
2017 683925 8235 9499 18363 1280 12458 13833 5342 22778 37304 554833
2018 703481 8241 10067 20060 1414 14914 14646 6233 29163 39418 559325
2019 786339 8153 10438 20256 1382 18239 16124 7793 37105 55836 611013
2020 876430 8490 11797 19658 1320 19904 16474 8649 46372 57988 685778

Source : Pakistan Bureau of Statistics( https://www.pbs.gov.pk/node/1100 )

PRISONERS STATISTICS IN PAKISTAN

(Source: https://www.prisonstudies.org/country/pakistan)

Prison population total (including pre-trial detainees / remand 85 670

prisoners) at September 2021 (national prison administration)

38
Prison population rate (per 100,000 of national population) based on an estimated national population of 226.09 million at
September 2021 (from United Nations figures)

c.
Pre-trial detainees / remand prisoners (percentage of prison
70.0%
population)
(September 2021)

1.6%
Female prisoners (percentage of prison population)
(2021)

Juveniles / minors / young prisoners incl. definition (percentage of 1.6%

prison population) (2021 - juveniles)

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 1.2%
Foreign prisoners (percentage of prison population)
(30.6.2007)

116
Number of establishments / institutions
(September 2021)

64 099
Official capacity of prison system
(September 2021)

133.7%
Occupancy level (based on official capacity)
(September 2021)

2000 78,938 56

2002 c 90,000 c 60

2004 88,659 57
Prison population
trend 2006 86,500 53
(year, prison
2009 81,409 46
population total,
prison population 2012 74,944 40
rate)
2014 c 79,700 c 41

2016 84,315 41

2018 83,718 40

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 UNDER-TRIAL PRISONERS
Year Number in Percentage Pre-trial/remand
pre-trial/remand of total population rate
imprisonment prison population (per 100,000 of
national population)

1999 61,241 77.6% 43

2004 51,433 67.8% 33
2009 57,556 70.7% 34
2015 55,429 69.1% 30

2021 c. 60,000 c. 70.0% c. 27

Source: https://www.prisonstudies.org/country/pakistan

Female prison
Number of Percentage
population rate
Year female of total
(per 100,000 of
prisoners prison population
national population)

1999 1,203 1.7% 0.9

2003 1,518 1.8% 1.0
2007 1,328 1.4% 0.8
2010 931 1.2% 0.5
2015 1,650 2.1% 0.9

2021 1,399 1.6% 0.6

Source: https://www.prisonstudies.org/country/pakistan

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 JUVENILE STATISTICS

Juvenile offenders in Detention

Under Trial Convicted

Year Total
Juvenile Juvenile
Prisoners Prisoners
2005 2005 363 2368
2006 2035 231 2266
2007 1810 205 2015
2008 1635 153 1788
2009 1225 132 1357
2010 1074 151 1225
2011 1267 165 1432
2012 1219 179 1398
2013 1315 183 1498
2014 1354 285 1456
2015 - - -
2016 1097 128 1225
2017 1085 113 1198
2018 1081 118 1199
2019 1209 215 1424

Source: Society for the Protection of the Rights of the

Child(https://www.sparcpk.org/AboutUs.html)

CRITICISM ON CRIMINOLOGY THEORIES:

Sr Theory Criticism
No
1 Pre-Classical • Faith based explanation without any reasoning or scientific
School endorsement.
• Offers no pragmatic solution to the problem of crime.

2 Classical • People are not always endowed with identical capacity to

School reason.
• For some people offending may be entirely rational.
• It offers no explanation to crimes committed in response to
impulsivity or sudden anger.
• Fails to scrutinize criminals as human beings.

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 3 Biological • Criminals are considered only those who are engaged in street
/Physical crimes.
Appearances • No explanation for white collar crimes or deviant acts which
theory are not criminalized by the society.
• None of the biological/physical appearances theories has been
scientifically endorsed.
4 Intelligence • Like the biological school, criminals are considered only
Theory those who are engaged in street crimes.
• In practical life, criminals are found to be cleverer and more
intelligent than non-criminals.
• Some crimes such as cyber crimes may be committed by only
those who are endowed with a high degree of intelligence,

5 Psychological • No scientific endorsement

School. • People with similar circumstances may have different criminal
behaviors
6 Social • Mackey and Shah were criticized for relying upon the police
Disorganization record to measure juvenile delinquency. Had they relied on
Theory self collected data, the critics maintain, the results would have
been different.
• Robert Kapis found little evidence to endorse the postulates of
this theory2.
• John Johnstone also concluded that there was little evidence to
hold that criminality is effected by locality3.

7 Social Strain • Not applicable to higher class (the rich)

Theory • Human beings are not always driven by the social factors.
• Crimes motivated by other reasons (such as impulsivity) are
not explained by this theory.

8 Social Control • Travis Hirschi excluded females from his study.

Theory • There is a little evidence to suggest that delinquency
weakens the social bond4.
• A study found no difference with regard to social
bonding between the students who were drug addict
non addicts5.
• The presumption that humans are naturally immoral
has been subjected to criticism by many scholars.

2
Kapsis, R. E. (1978). RESIDENTIAL SUCCESSION AND DELINQUENCY A Test of Shaw and McKay's Theory of
Cultural Transmission. Criminology, 15(4), 459-486.
3
Johnstone, J. W. (1983). Recruitment to a youth gang. Youth & Society, 14(3), 281-300.
4
Agnew, R. (1994). The techniques of neutralization and violence. Criminology, 32(4), 555-580.
5
Kandel, D., & Davies, M. (1991). Friendship networks, intimacy, and illicit drug use in young adulthood: A comparison of
two competing theories. Criminology, 29(3), 441-469.
BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)
 CAUSES AND PREVENTIVE MEASURES FOR RECIDIVISM
Causes
• Inadequate Focus on Rehabilitation in prisons
• Psychological Pressure
• Economic Strains
• Lack of skills to earn livelihood
• Strong bonds with criminals (Peer Group Influences).
• Stigmatization
• More criminal exposure during incarceration

Prevention
• Prison Reforms
• Reformation of Criminal Justice System
• Enforcement of Restorative Justice (Probation and Parole)
• Focus on Rehabilitation of Offenders
• Skill Building during Imprisonment
• Employment Opportunities for the offenders released from prisons
• Post-Release Counselling to the convicts

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 MORE ABOUT INTERPOL
*(Currently there are 195 members of Interpol. The Federated States of Micronesia was the last
member admitted to the Organization in November 2021)

Other Activities of Interpol

Interpol aids its members by variety of other manners which include the following.

Border Management

1- Border Management: Interpol aids its members to secure their borders. It has maintained a
database of criminals accessible to the police organizations across the globe.
2- It has established an Integrated Border Management Task Force which assists the members
countries in securing their borders.
3- It has developed a screening service named “I-Checklist” which is currently being used by
airlines and cruise lines for screening of their customers against fake documents.

Capacity Building

Interpol arranges various training programs for capacity building of the law enforcements officials
of the members countries.

Command and Coordination Center

This center works round the clock to render necessary assistance to the member countries.

Criminal Investigation Analysis

Interpol conducts analysis of the crime data and generates reports which are used internally by it
as well as made available to relevant members countries.

Databases

Interpol maintains a very comprehensive database of crimes and criminals which is accessible to
the member countries.

The Data bases Includes

➢ Digital INTERPOL Alert Library - Document Database (DIAL DOC)

➢ Fingerprints Database (AFIS)
➢ International Child Sexual Exploitation Image Database (ICSE)
➢ INTERPOL Ballistic Information Network (IBIN)
➢ INTERPOL’s Criminal Information System (ICIS) - Nominal Database
➢ INTERPOL Facial Recognition System
➢ (IFRS)

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 ➢ INTERPOL Firearms Reference Table
➢ (IFRT)
➢ INTERPOL Illicit Arms Records and tracing Management System (iARMS)
➢ RELIEF
➢ Stolen Administrative Documents (SAD)
➢ SLTD Database
➢ (travel and identity documents)
➢ Stolen Motor Vehicles (SMV)
➢ Stolen Vessels Database (SVD)
➢ Works of Art (WoA)
➢ Analysis Files
➢ Compliance Management Database
➢ Stolen Travel and Identity Documents Database
➢ International Child Sexual Exploitation database
➢ Stolen Works of Art Database
➢ Illicit Arms Records and tracing Management System (iARMS)

Operation Infra (International Fugitive Round-Up and Arrest)

It is an initiative meant to locate and arrest serious international fugitives by mutual cooperation of law
enforcement agencies of members.

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 AMENDMENTS IN NAB LAW
National Accountability Ordinance has been amended through two Amendment Acts in year 2022.

FIRST AMENDMENT ACT

1- National Accountability (Amendment) Act, 2022 (Promulgated on 22nd June 2022):
Following are the major provisions of this Amendment Act:
I. Following types of cases have been excluded from the Jurisdiction of NAB

(a) all matters pertaining to Federal, Provincial or Local taxation,

other levies or imposts, including refunds, or loss of
exchequer pertaining to taxation;

(b) decisions of Federal or Provincial Cabinet, their Committees

or Sub-Committees Council of Common Interests (CCI),
National Economic Council (NEC), National Finance
Commission (NFC), Executive Committee of the National
Economic Council (ECNEC), Central Development Working
Party (CDWP), Provincial Development Working Party
(PDWP), Departmental Development Working Party
(DDWP), the State Bank of Pakistan and such other bodies
except where the holder of the public office has received a
monetary gain as a result of such decision;

(c) any person or entity who, or transaction in relation thereto,

which are not directly or indirectly connected with the holder
of a public office except offences falling under clauses (ix),
(x) and (xi) of sub-section (a) of section 9;

(d) procedural lapses in performance of any public or

governmental work or function, project or scheme, unless
there is evidence to prove that a holder of public office or any
other person acting on his behalf has been conferred or has
received any monetary or other material benefit from that
particular public or governmental work or function, whether
directly or indirectly on account of such procedural lapses,
which the said recipient was otherwise not entitled to receive;

(e) a decision taken, an advice, report or opinion rendered or

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

 given by a public office holder or any other person in the
course of his duty, unless there is sufficient evidence to show
that the holder of public office or any other person acting on
his behalf received or gained any monetary or other material
benefit, from that decision, advice, report or opinion, whether
directly or indirectly, which the said recipient was otherwise
not entitled to receive; and

(f) all matters, which have been decided by, or fall within the
jurisdiction of a regulatory body established under a Federal
or Provincial law.

II. Previously the Chairman NAB was to be appointed by the President in consultation

with leader of the house and leader of the Opposition. Law was silent about a situation

where both of them failed to reach at a consensus. Now under this Amendment Act, a

provision has been incorporated in the law according to which, in case of failure of the

both to agree on one name, the matter is to be referred to a parliamentary committee

comprising of twelve members with equal representation from treasury and opposition

benches.

III. The term of Chairman NAB has been reduced from four to three years.

IV. Previously there was no right of Bail for offences falling under NAB Ordinance.

However under this Amendment Act , the Accountability Court established under the

Ordinance has been invested with the power to grant bail or release the accused.

V. Period of physical remand has been reduced from 90 days to 14 days.

VI.

SECOND AMENDMENT ACT

National Accountability (Second Amendment) Act, 2022(Promulgated on 11th August 2022)

brough following changes in the National Accountability Ordinance 1999.

i. Corruption Cases where the alleged amount is below Rs 500 Million (50 crore) have been
excluded from the jurisdiction of NAB.

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)

ii. NAB has been barred to enquire in to the cases pertaining to the Directors of State Owned
Enterprises and other Statutory Bodies.
iii. Previously only a District and Session Judge could be appointed as a Judge of Accountability
Court. Under this Amendment, an Additional District and Session Judge, in addition to the
District and Session Judge, can also be appointed as a Judge of an Accountability Court.
iv.
Stated Objectives of These Amendments

i. To prevent the NAB from enquiring into the cases of procedural lapses where no
corruption is involved.
ii. To prevent political victimization through NAB
iii. To check the alleged excesses of NAB.
iv. To protect the rights of the accused persons being investigated by the NAB.
v. Denial of right of bail was considered to be unjust, therefore, the right of bail has
been extended to the accused persons.

Criticism on the Amendments

1- NAB has been weakened.

2- Jurisdiction of NAB has been unduly restricted.
3- It is also being alleged that these amendments are politically motivated.

BY ZAFFAR NAQVI, NATIONAL OFFICERS ACADEMY (NOA)