REPORTS OF THE SEMINARRESOURCE MATERIAL SERIES No. 55

TOPIC 1
EFFECTIVE MEASURES FOR BETTER DETECTION OF
CRIME AND MORE THOROUGH INVESTIGATIONS
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Other Boar Members
Advisers

Mr. Muhammad Arif Chaudhry
Mr. Maurice Benoit Tyte Morin
Mr. Paramvir Singh
Ms. (Isabel) So Chit-Kwan
Mr. Shigeru Kawarazuka
Ms Rebeka Sultana
Professor Tomoko Akane
Professor Kayo Konagai
Professor Ryosuke Kurosawa

I. INTRODUCTION
Effective measures for better detectionof crime and more thorough investigations
was taken up as the topic of this General
Discussion group. Irrespective of thedifferences in social, cultural and politicalsystems, an upsurge in criminality isevident among all the societies in the world,at the various stages of their development.
The fast pace of urbanization andindustrialization; greater and more
efficient means of communication;internationalization of certain crimes like
drug-trafficking and terrorism; emergenceof white-collar criminality; also organised
crime, computer crimes, environmental
crimes and the evasive nature of somecrimes, are some of the factors/hallmarksof the crime scernrio today, which most law
enforcement agencies have to contend with.
Crime prevention is a much larger/wider
subject of police specialization/
professionalism than mere detection/
investigation of crimes, their prosecution
and trial. The real success of the law
enforcement machinery lies in preventing
crime before it takes place, which many
police forces have developed into an art.
These are skills they successfully practice
day-in and day-out, and are largely
responsible for the maintenance of law and416(Pakistan)(Seychelles)(India)(Hong Kong)(Japan)(Bangladesh)(UNAFEI)(UNAFEI)(UNAFEI)

order in society. It is only when crimes havealready taken place that the police areconfronted with the problems ofinvestigation, either in terms of inadequate
systems, skills or equipment, to which this
topic is addressed. No doubt however,thorough investigations and successfulprosecution of cases also have a preventive
impact on the crime situation in society;since this results in not only putting
offenders behind bars and preventing themfrom committing further crimes, but also
acts as a deterrent to other potential
criminals.
Problems in detection and investigationof crimes were identified in the following
two broad areas:(a) Enhancing investigative systems;and(b) Enhancing better detection of crimeand more thorough investigation.
II. ENHANCING INVESTIGATIVESYSTEMS
Investigation in any country is done
within the framework of the related
systems that have evolved in that country
over the years, as a response to thechallenges posed by crimes and criminals.
No investigative system can be deemed tobe perfect, and there has to be constant111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
effort to improve the systems or to
institutionalize new systems as effective
countermeasures to neutralize and control
the ever growing threat of crime,
endangering the peace of society. Keeping
these ends in view, and the ultimate
objective of enhancing investigativecompetency, the following general problems
hindering effective investigation wereselected for study and discussion, in orderto recommend suitable countermeasures.
A. General Problems of Police
Investigation
1. Political and Administrative Influences
One of the most serious problems of thepolice in most developing countries ispolitical interference with their work.
Often, political bosses bring pressure on thepolice to drop proceedings against accused
persons. Oral orders to the police and theirtransfer from one place to another, are themost common instruments of pressure
exerted by politicians and government
executives/administrators. Some typicalsituations where pressure is brought tobear on the police in the detection andinvestigation of crimes by political or
executive sources are as below:(i) The arrest or non-arrest of a person
against whom investigation incarried out by the police.
(ii) Release or non-release on bail afterarrest.
(iii) Suppression of material evidence that
becomes available during searches.
(iv)Inclusion or non-inclusion of various
items in the charge-sheet placed incourt on conclusion of investigation.
(v) Foisting false criminal cases against
political functionaries for achieving
political ends.
(vi)Managing political intervention by
exaggerating a non-cognizableoffence or engineering a false
complaint to gain advantage overanother party in a situation which
will be outside the domain of police

action in the normal course.
(vii) Not detecting and registering cases
against criminals having a clandestine
nexus with political bosses in power.
Interference with the statutory duties ofthe police has to be deprecated at all times,
and more so perhaps in the performance of
their duties in the investigation of crimes.
This is not to suggest that there exists nosafe-guards already in the legal systemsof different countries to prevent illegal
interventions by political or administrative
bosses. However, the fact remains thatmost police officers are not able towithstand the fierce political andadministrative pressure due to theircareers being at the mercy of political/
administrative bosses, often due to the low
calibre of police personnel. Hence, there
exists a dire need in most countries toinstitutionalize further safe-guards so thatthe framework within which the police
operate and investigate crimes is madeimmune to illegal political/administrativeinterventions. There is a crying need for
this, since the forces of organized crime,
terrorism of different hues and othermultifarious crime syndicates are
threatening to destablize society. There isa pressing need to meet the challenge ofsuch forces by professional police work in
the fields of investigation and other related
fields.
2. Sub-standard Investigative Personnel(a) Sub-standard Investigative Personnel
In most countries, the quality of police
personnel leaves much to be desired. Apartfrom other duties, the police personnel haveto detect and investigate complex/difficult
crimes, investigate cases thoroughly, collect
the right type of evidence and ensure
successful prosecutions in court. To
accomplish these tasks successfully, and tomatch the menace of the modern/sophisticated crime of today, a goodknowledge of law, procedures, forensic

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RESOURCE MATERIAL SERIES No. 55
science and psychology is required for theinvestigators, apart from a multiple ofother skills. The investigating officer must
be a person of stature, educated,
intelligent, alert, truly interested in work,
possessing good judgement, initiative andcourage. In many countries, unattractive
conditions of service, low requirements ofeligibility qualifications, poor recruitment
procedures, substandard training, absenceof in-service training etc, all contribute to
sub-standard police service personnel.
Suitable countermeasures are required to
improve the quality of investigative
personnel.
(b) Inadequate Investigative Personnel
While crimes are generally increasing involume and complexity, most countries areafflicted with the problem of inadequate
investigative personnel. While thisadversely affects the quality ofinvestigations, it also leads to delay incompletion of investigations, both of whichhave an adverse impact on the crime
situation.
Hence, suitablecountermeasures need to be adopted toensure that the number of investigative
personnel are increased periodically, tomatch the growing crimes.
3. Lack of Equipment and Scientific Aids
to Investigation
Investigations in most developing
countries are badly handicapped by a lackof basic equipment. Adequate numbers of
forensic science laboratories are notavailable, police stations are not equippedwith fingerprint kits or cameras to takephotographs. Even typewriters are notavailable in police stations, apart fromcomputers, photocopiers, fax machines,
communication equipment and vehicles
etc, which are all so necessary these days
to ensure expeditious and effective
investigations. Hence, suitablecountermeasures need to be adopted toequip the police/investigating officers with418

the required minimum equipment andfacilities for ensuring adequate scientificaids to investigation.
4. Lack of Cooperation and Coordination
among Investigative Agencies
Apart from the investigating officers inpolice stations, a number of otherinvestigating agencies also exist in every
country to investigate specialized crimes
such as drug-trafficking, terrorism,
smuggling etc. Further, the police havebecome a large agency and consequently
consist of several departments or sections
within it. Since all such investigative
agencies and departments come to possess
considerable data on crimes and criminals,
and there is a lack of close co-operation
amongst all such investigative agencies,
duplication of work takes place and theinformation/data available within one
agency is not always made available to theother. It is felt that systems need to bestrengthened or created to enhance cooperation and co-ordination on a regularbasis.
B. Recommended Solutions
1. Political and Administrative Influence
In several countries, there areinsufficient structural safeguards to makethe police/investigative machinery immune
from political and administrative
influences, and to ensure that the police
function strictly as per the law. Due to
direct control over the police by the politicalexecutive, many investigations can just not
see the light of the day, as potentially gravecases involving political or other high-ups
are never allowed to be detected orproceeded with. This can have extremely
adverse implications to the crime situation
in a country, as many organized crime kingpins or drug mafia etc, having politicalconnections, can be shielded from the law.
The police in some countries are also
subject to control by Executive Magistrates
at the district level, which also thwarts

111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
independent/professional functioning andmakes them vulnerable to extraneous
influences. The political/administrative
executive can abuse its powers to arm-twist
the law enforcement agencies to yield to
its will, as the power to transfer, promote
and punish rest with it. There is, therefore,
an emergent need to establish foolproof
systems to ensure that the police areanswerable only to the law of the land,through the judiciary, i.e., the courts, andthat the administrative/political control
over the police is exercised so that it cannot
deflect it from functioning in accordance
w i t h t h e l a w.
The following
countermeasures are therefore
recommended:(a) Adoption of such a police model
whereby the political executive does nothave unhindered/direct control over thepolice organization, wherein,
institutionalized safeguards exist to
insulate the police organization fromundue political/administrative
influence. The central idea of therecommendation is that the politicalexecutive exercise control over thepolice organization through a suitably
constituted body, which can ensure its
political neutrality and independent/
professional functioning. In thisconnection, the Japanese police model
is suggested for serious consideration
and adoption with suitable
modifications to suit local conditions,wherever required. The salientfeatures of the Japanese police model
are as below:• In Japan, there is a National
Public Safety Commission andNational Police Agency at thenational level, to oversee/monitor
the functioning of the police, andPrefectural Public Safety
Commissions for every prefecture.
The National Public Safety
Commission and the National

Police Agency constitute Japan’snational police organization. The
National Public Safety
Commission exercises
administrative supervision over
the National Police Agency, within
its authority.
• While the Commission is under
the jurisdiction of the prime
minister, the prime minister is not
empowered to directly commandor control it. This guarantees theCommission’s independence andensures its political neutrality.
• The Commission formulates basic
policy and regulations, coordinates police administration onmatters of national concern, andauthorizes general standards fortraining, communications,criminal identification, criminal
statistics, and equipment. The
Commission appoints theN a t i o n a l P o l i c e A g e n c y ’s
Commissioner General and senior
officials of prefectural police
organizations. The Commission
indirectly supervises prefectural
police organizations through the
National Police Agency.
• The Commission consists of a
Chairman and five members. The
Chairman is a state minister who
presides over Commission
meetings. Members, who serve
five year terms, are appointed by
the prime minister with theconsent of both Houses of the Diet.
They must be persons who havenot served within five years of
appointment as police officers or
public prosecutors. To ensure
political neutrality, no more than
two members may belong to thesame political party.
(b) The police chiefs of a state/province
should have fixed tenures so that they419

RESOURCE MATERIAL SERIES No. 55
don’t always have to work under the
threat of transfer.
(c) Promotions and disciplinary mattersrelating to the higher ranking police
officers should be under the control ofsuch bodies as recommended in subpara (a) above, so that the same
introduces the required confidence inthem to ensure the fair andindependent functioning of the police
organization, which ultimately will
ensure that the investigations arecarried out without fear or favour.
(d) E s t a b l i s h m e n t o f s p e c i a l i z e d
independent or autonomous
investigative organisations which may
investigate complex crimes of a more
important nature, including
corruption, terrorism, serious
commercial fraud etc. It is felt thatsuch specialized and independent
investigative organizations, which havestrong procedural sub-systems withinthem to ensure their free and fairfunctioning in strict conformity withlaw, have the effect of insulating theinvestigative machinery from political/
administrative influences, at least in
the investigation of the more
important/sensitive cases which they
deal with. Such specialized
investigative organizations could
function within the overall police
organization, or outside the same, as
already exists in some countries. In
case they function outside the purview
of the overall police organization,
control by the political executive overthem should again be through suchbodies as recommended in subparagraph (a) above, in order toinsulate them from any extra-legal
interventions. The Independent
Commission Against Corruption(ICAC) in Hong Kong is a successful
example of combatting corruption by an420

independent investigative agency.
2. S u b - s t a n d a r d a n d I n a d e q u a t e
Investigative Personnel(a) Sub-standard Investigative Personnel
The following countermeasures arerecommended to improve the quality ofinvestigative personnel:(i) Attactive conditions of service andsalaries must be ensured for police
personnel, so that better quality
candidates are induced into theorganization.
(ii) Recruitment at many levels in thepolice hierarchy reduces promotion
chances, demoralizes the service anddegrades service conditions. In the
United Kingdom, recruitment is only
at one level, i.e. the police constable,
who can aspire to the highest police
post. This not only attracts candidatesof better quality to the police service,
but also keeps them in a high state ofmotivation, as there is a great incentive
to excel in their job and to maintainh i g h s t a n d a r d s o f i n t e g r i t y.
Recruitment at only one level may not
be possible in developing countries in
the near future. Hence, endeavours
should be made to achieve two levelsof recruitment for the police, i.e., one
at the police constable level and theother for higher police functionaries.
The minimum educational
qualifications could be graduallyenhanced to graduation, even for police
constables, as they will have higher
positions in due course and handle
intricate investigations and othersensitive police functions.
(iii)Suitable systems must be establishedto ensure that recruitment of the police
is fair and strictly on merit, without any
political or other influence, to ensurethat candidates with the right111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
qualifications are selected. For this,independent/autonomous Police
Recruitment Boards should beestablished, which must specialize inmaking quality recruitment and must
constantly evolve more modern
methods of selection, so that suitable
candidates with the right aptitude
enter the police service. The
recruitment/selection process by such
Boards must be so systematized, withfoolproof checks/controls, so that the
chance of tampering with the process
becomes extremely remote. The
recruitment must also be done as per
fixed annual schedules, and ad hoc bulk
recruitments, which severely upset
promotional avenues and training
standards, must not be allowed.
(iv) After the right recruitment of police
personnel, their training, both at thetime of joining service and later
through in-service training/refresher
courses and on-the-job training, can goa long way in making available better
quality police personnel/investigators.
To ensure this, modern training
institutions must be established in
sufficient numbers, which canadequately cater to the needs oftraining in multifarious disciplines, tomeet the complex challenges of modern
crimes. Attractive training allowances
must be granted so that better quality
personnel man such training
institutions. Training methods in
different countries should be studied bysuch training institutions, so that thebest methods/systems are adopted tosuit local conditions. For specialized
crimes requiring intricate handling,
special courses must be devised andconstantly upgraded to keep pace withchanging situations/times. The
services of specialists from otherdepartments, insights into whosefunctioning can aid police investigators,

must be obtained to enrich the training
process.
(b) Inadequate Investigative Personnel
The following countermeasures arerecommended to tackle the problem of
inadequate investigative personnel:(i) Police-public ratio in such countries
where it is low, must be constantly
upgraded through periodic sanctions of
new posts and through systematicannual recruitment, so that adequate
manpower is available for the different
police functions, including
investigations. Realistic assessment of
the requirements of annual recuitment
must be made and systematic
initiatives taken to ensure thatnecessary funds are made available forthis purpose.
(ii) Separate crime investigative wings
must be established at every police
station level, district level etc, so thatinvestigating officers and other staff
are earmarked for concentrated/
specialized investigations and they are
not disturbed and diverted for otherpolice duties relating to themaintenance of law and order.
(iii)The services of civilian volunteers forassisting in police duties must be
harnessed, so that the police can besaved for and diverted to investigative
functions. The examples of Crime
Prevention Volunteers in Korea,
Auxiliary Police Force in Hong Kong,
Home Guards in India, and Qaumi
Razakars in Pakistan are cited in thisconnection. Such institutions must be
strengthened and put to optimum use.
(iv) Workloads of investigating officers
must be constantly assessed andyardsticks evolved regarding theworkload an investigating officer can

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really shoulder. Constant endeavors
must be made to ensure that theworkloads of investigating officers arein accord with the yardsticks, so thatthey can pay adequate attention to thecases and to ensure better quality and
expeditious investigation.
3. Lack of Equipment and Scientific Aids
to Investigation
In modern times, proper equipment andscientific aids to investigation are vital to
the success of investigations. Since mostdeveloping countries are badly lacking inthis aspect, the following countermeasures
are recommended:(a) The system of Annual Modernization
Schemes, as in India, must be
introduced and strengthened so thatcomprehensive assessments of therequirements for different types ofequipment by the police force aresystematically made every year, andearmarked funds released for the sameannually. Endeavors must be made tohave the release of such modernization
grants increased every year to meet thegrowing needs. Under such amodernization scheme, vehicles,
communication equipment, computers,
fax machines, photocopiers, bomb
detection and disposal equipment,
document scanners, video cameras
cameras, fingerprint kits etc, should beacquired and equitably distributed tomeet the requirements of police/
investigating officers. Necessary
equipment for digital/computerizedstorage of fingerprints could also be
acquired. Modern Interrogation
Centres, equipped with the latest
equipment, should also be establishedin a phased manner through suchmodernizatioon schemes.
(b) Adequate number of forensic sciencelaboratories must be established as the422

workload of such laboratories isgenerally very heavy, which contributes
to delay in investigations. The
workloads of such laboratories must be
assessed and proposals initiated forestablishing more laboratories.
Further, such laboratories must be
constantly modernized with the latest
equipment. Endeavours should also bemade to improve the quality ofscientists manning such laboratories
and to ensure that such laboratories
function independently and fairly.
(c) Adequate number of mobile forensic
science laboratories, suitably equipped,
as available in every district of somestates in India, must be acquired foron-the-spot assistance to theinvestigators as scientific aids at thescenes of crime.
(d) Adequate number of Bomb Detection
and Disposal Squads must be
established in cities and field areas for
immediate assistance to theinvestigators in defusing/disposing ofbombs, and for safe-guarding valuableevidence at the scenes of crime.
(e) Advanced scientific testing facilities,
such as for DNA testing, are notavailable in many countries. Suchcountries which don’t find it economical
to establish such facilities should be
able to make use of the facilities
available in this regard in neighboring
countries. For this, necessary bi-lateralagreements could be worked out
between the concerned countries.
4. Lack of Cooperation and Coordination
among Investigative Agencies
In order to promote co-operation and coordination amongst different investigative
agencies, the following measures arerecommended:111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR(a) Establishment of Co-ordination
Committees, in which all investigating
agencies are represented, that meet atregular intervals. This will enhanceknowledge of the different investigative
agencies, their personnel, the work
being turned out by them, and resultin an exchange of information/
intelligence, which would be helpful tothe investigating officers of different
agencies. Many problems amongst
different agencies can be sorted out
during such meetings/conferences.
Separate Co-ordination Committees
can be set up to deal with such subjects
as drug trafficking and terrorism.
Regional Co-ordination Committees
could also be set up to promote coordination amongst adjacent regions/provinces/States, since criminals nolonger stick to one area. Joint
investigation teams could also be set
up for particcular cases, wheneverrequired. Joint operations could also
be organized by the members of such
Co-ordination Committees, wheneverrequired. In Japan, the Public
Prosecutors Office leads andcoordinates different perfectural police
jurisdictions and different specialized
investigation units on joint
investigations.
(b) Establishment of joint training
programs amongst different
investigative agencies can be a useful
exercise in not only promoting
investigative skills, but also in
educating each other about the roles ofthe different agencies, and promoting
harmonious relations andunderstanding. These should improvethe efficiency of investigating officers
and result is better detection andimprovement in the quality ofinvestigations. Such pooling ofresources is particularly required indeveloping countries which face aresources crunch.
(c) Exchange of data on crimes andcriminals amongst the different
investigating agencies should regularly
take place by sharing periodical
reviews/hand-outs etc. These will bevaluable aids to investigation.
III. ENHANCING BETTER
DETECTION OF CRIME AND MORE
THOROUGH INVESTIGATIONS
A. General Problems on Better
Detection and Investigation of
Crimes
1. Insufficient Development/Use of
Available Data/Measures(a) Lack of Systematically Organized
Data/Records and Intelligence on
Crimes and Criminals
When a crime takes place, theimmediate guide available to theinvestigator is the data/records regarding
similar earlier crimes, criminals andcriminal organizations involved in them.
These can be extremely useful tools to theinvestigator for detection of the crime,
provided the data on previous crimes andcriminals is readily available in asystematically organized form; whereby
vital clues to the present crime in question
can be obtained and the line ofinvestigation decided. Further, there is avast and dark area of unexposed crimes
a n d c r i m i n a l i t y, w h i c h i s o f t e n ,nevertheless, quite active, for which norecords/data may exist, since these areundetected crimes and criminals. For suchvast and dark areas of unexposed crimes
and criminality, the only guide can be‘Intelligence’, and systematized/readily
available data/information on that.
However, most police agencies lacksystematically organized data/records on
exposed crimes, criminals and criminalorganizations, and also intelligence on
unexposed crimes and criminality. These

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RESOURCE MATERIAL SERIES No. 55
handicap the investigators, as they arecompelled to grope in the dark since thebenefit of organized records systems, sovital in today’s crime scenario, are notavailable to them. Hence, we need suitablecountermeasures to meet this major
problem.
(b) I n s u f f i c i e n t U s e o f A v a i l a b l e
Investigative Methods/Measures
Another related problem area in thedetection and investigation of crimes is thatcertain investigative methods/measures,
which are available to the investigators, arenot being put to adequate use as tools for
effective detection/investigation. Theseavailable investigative methods/measures,
which are not put to sufficient use are:fingerprint identification systems; blood/semen tests; DNA testing; surveillancetechniques through physical covert
shadowing, through sources, wiretapping,undercover operations; computerized
portrait buliding/identification systems;
controlled delivery; timely searches etc.
Suitable countermeasures need to be
adopted to ensure that such available
methods/measures are put to optimum use.
2. Problems Related to Interrogation,
Elicting Confessions and Unearthing
Leads for Investigation(a) Difficulties with Regard to Eliciting
Confessions(i) L a c k o f s k i l l s a m o n g s t
investigative officers.
(ii) Lack of safeguards to ensurevoluntariness of confessions.
(iii)Failure to obtain corroborative
evidence.
(b) Lack of Interrogation Skills amongst
Investigators for Eliciting Leads fromAccused/Suspects/Witnesses for
Further Investigation
Lack of interrogation and related skills
amongst investigating officers is a major
handicap in the detection and investigation424

of crimes, with regard to eliciting leads forfurther investigations from the accused/suspects/witnesses. Skillful interrogations
by the investigating officers can make all
the difference in solving a case and instrengthening it with suitable evidence forsuccessful prosecution. Hence, this areaof investigative work requires special
attention for evolving suitablecountermeasures for enhancing detectionof crime and for achieving more thoroughinvestigations.
3. Lack of Co-operation from the General
Public and Witnesses(a) Lack of trust in the police and alack of a helpful attitude by thepolice.
(b) Fear of revenge from the accused.
(c) Inconvenience to witnesses andindifference of witnesses.
Should active public co-operation beavailable to the police/investigating
officers, the whole investigative effort
becomes much easier. Not only can
information about crimes and criminals be
passed promptly to the police by membersof the public (which they generally fail todo) but they can also come forward todepose as witnesses, for which they are
deterred by factors as indicated in subparagraphs (a) to (c) above, for which weneed to look for countermeasures.
4. Internationalization of Crime as a
Hindrance to Investigation(a) D i f f i c u l t i e s i n g a t h e r i n g
information/background datafrom overseas on criminals andcrimes.
(b) Difficulties in collecting evidence
from overseas.
(c) Difficulties in securing extraditionof the accused.
In modern times, due to the great
increase in communications,

111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
transportation facilities, mobility, and thetrend towards the globalization of
economies, crimes are increasingly
assuming international ramifications. A
criminal/terrorist/drug trafficker may
quickly escape to a foreign land aftercommitting a heinous crime, and go out ofview. Conspiracies for major organizedcrimes or terrorist acts may be hatched in
one country, firearms/explosives procured
from another country, funding done by coconspirators from yet another country andthe criminal/terrorist acts committed in a
fourth country. Detailed directions can begiven for conducting such crimes over the
telephone, sitting in distant lands. Though
Interpol is available for co-ordinated police
action, in practice, there are manydifficulties in ensuring this, which ismaking things very easy for criminals,
especially for international crime
syndicates/druglords/terrorists. The
problems faced by the law enforcement/
investigative agencies, in this regard, arealready grave, and are likely to assume still
more serious dimensions in the near future.
Utter lack of co-operation and co-ordination
amongst most countries of the world resultsin failure to get information/backgrounddata from overseas on criminals andcrimes, failure to collect evidence in foreign
lands and failure in securing extraditionof the accused. Hence, suitablecountermeasures are called for to meet thechallenges posed by the globalization ofcrime.
B. Recommended Solutions
1. Insufficient Development/Use of
Available Data/Measures(a) Lack of Systematically Organized
Data/Records and Intelligence on
Crimes and Criminals
The following countermeasures arerecommended to develop the record
systems relating to crimes and criminals,
and to improve their quality, so that they
become a effective aids for investigation:(i) To prescribe carefully devised record
systems, including photographs ofcriminals whenever available, or
improve their quality so that they areavailable in easily retrievable form fordifferent types of crimes, for different
modus operandi of crimes, for different
criminal gangs/organisations.
Alphabetical indexes of criminals, theirareas of operation, their descriptive
rolls, their associates/relatives etc.
(ii) Drives for exhaustive classified
documentation of crimes and criminals(which have come to notice in theprevious ten years) at the district, state/province and national level. The
criminals who have been active in theprevious ten years are likely to be
active now.
(iii)To have suitable computer software
designed for sub-paragraphs (i) and (ii)above, and launch drives for
simultaneous computerisation of all
crimes and criminals for the previous
ten years.
(iv) To s t r e n g t h e n t h e i n t e l l i g e n c eorganizations so that they are able toprovide well organised information
about important criminals, criminalorganisations and their activities,
especially in the areas of unexposed
crimes and criminals, and to have suchinformation/data constantly
computerised, for ready retrieval andup-dating. Such well-organised
inteligence should be available at the
local, state/province and national level.
(b) I n s u f f i c i e n t U s e o f A v a i l a b l e
Investigative Methods/Measures
With regard to the problems areas
detailed above, the following
countermeasures are recommended:

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RESOURCE MATERIAL SERIES No. 55(i) To have suitable inservice refresher
courses devised with regard to thesuitability/usefulness of the existing
investigative methods/systems/
measures, which are not being put to
optimum use by the investigators dueto their inadequate knowledge/
appreciation about them.
(ii) To associate the investigators with such
expert investigators/investigatingorganisations as are making optimum
use of the existing investigating
methods/techniques, for periodical
technical training.
(iii)To have comprehensive handouts ofvarious investigative methods/
techniques/systems available
circulated amongst the investigating
officers and read-out by superior
officers periodically, so that they aresuitably sensitised to put suchmethods/techniques to optimum use.
(iv) To have periodic lectures delivered byexperts in the different areas
mentioned above, to the investigating
officers to sensitise them about
different up-to-date systems/
techniques available to theinvestigating officers.
2. Problems Related to Interrogation
Skills in Eliciting Admissible
Confessions and Unearthing Leads for
Investigation(a) Difficulties with Regard to Eliciting
Confessions Admissible as Evidence
The difficulties of eliciting confessions
admissable as evidence fall under three
primary areas:(i) Lack of skill amongst Investigative
Officers
Lack of skill amongst investigating
officers in effective interrogation andsensitive/psychological handling of the426

accused is major obstacle to investigations,solving cases and unearthirng their full
ramifications. Lack of those skills also
results in the use of third degree methods/
torture by the police, which apart from
causing serious human rights violations
and complicating problems, also have thepotential of derailing investigations forconsiderable lengths of time, as these could
cause admissions of some facts due to fear.
These could also result in deaths in police
custody, which frustrate and upset
investigations almost completely. Hence,developing/sharpening skills forinterrogation and sensitive/psychologicalhandling of the accused amongst theinvestigating officers is of utmost
importance, as any resultant confession
can be admissible in evidence only if itmeets the test of voluntariness andc r e d i b i l i t y. H e n c e , t h e f o l l o w i n g
countermeasures are recommended in thisregard:(a) To have regular refresher courses ininterrogation skills organised forinvestigating officers where they
could be exposed to the most skillful
successful interrogators, and to well
prepared videos, films anddocumentation in this regard.
(b) Interrogation skills can only develop
if it is clear that third degree
methods/torture of the accused will
not be allowed, at any cost. Hence,the superior officers must takecriminal/disciplinary action if any
instance of the use of third degree
methods/torture is reported.
(c) Since interrogation skills are more an
art than a science, and often difficult
to impart through conventinal
teaching/training, investigating
officers should be attached toacknowledged experts ininterrogation, so that they also

111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
imbibe the same and gradually cometo practice it.
(ii) L a c k o f S a f e g u a r d s t o E n s u r eVoluntariness of Confessions
Confession made by an accused to apolice officer is inadmissible in evidence insome countries like India, Pakistan and
Bangladesh; though any part of suchconfession, as relates to any fact discovered
in consequence of the information provided
during such confession, is admissible inevidence in such countries. In mostcountries like Japan, Korea, Hong Kongand Malaysia, confessions made to police
officers are admissible under someconditions. However, all such confessions,
whether made to police officers or others,
have to meet the test of voluntatiness andcredibility/trustworthiness. The confession
should not appear to the court to have beencaused by any inducement, threat orpromise. There are various safeguards
already instituted in the systems orpractices of different countries in thisregard. Keeping all those in view, thefollowing recommendations are made inthis regard, which may be adopted, keeping
in view the local conditions and local
provisions of law:(a) As regards confessions made by anaccused on the spot, soon after thecommission of a crime: clear anddetailed instructions should beavailable to the investigating officers
as to how such a confession must berecorded on the spot, and suchconfessions must be corroborated byentries in the notebooks of the police
officers concerned.
(b) Detailed and clear instructions must
exist and be available to theinvestigating officers regarding the
precautions to be taken while
recording the confession of an
accused, such as regarding theadministering of a caution, regarding
entries on the spot in lockup
registers, general diary of the police
station etc.
(c) Presence of independent witnesses
during the interrogation/recording ofa confession is required in somecountries, while in some othercountries, like Malaysia, the presenceof independent witnesses has beendispensed with. It is felt that should
the witnesses be respectable and of
credible stature, their evidence will
enhance the credibility of confessions.
(d) Videotaping of a confession can be avery good safeguard to prove thevoluntariness of a confession.
Regarding the methodology of such
videotaping, detailed standing
instructions need to beinstitutionalized, as already exist in
Hong Kong.
(iii) Failure to Obtain Corroborative
Evidence
In order to make the confession
meaningful as evidence, sincere andexhaustive efforts must be made to provethe contents of the confession wherever
possible. For example, if an accused has
stated in the confession thats s/hepurchased a particular item, having
bearing with the offence, from a particular
shop and a particular person; the shop
must be traced, as also the person, and thestatement of the bills/records seized.
Broadly, the following countermeasures aresuggested:(a) To identify and list all the verifiable
points in the confessions, regarding
which, there is the possibility ofletting in corroborative evidence.
(b) Without delay, investigators should
be dispatched to verify the aforesaid

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RESOURCE MATERIAL SERIES No. 55
listed points and to collect evidencewith regard thereto.
(c) The aforesaid exercise should be
enforced in a strict manner so thatinvestigative officers get into thehabit of doing the same without fail,in every case.
(b) Lack of Interrogation Skills amongst
Investigators for Eliciting Leads fromAccused/Suspects/Witnesses
The lack of interrogation skill amongst
investigating officers may result in failure
to elicit leads, not only from the accused
but also from suspects and witnesses. The
following countermeasures are suggested
in addition to the aforementioned
recommendations:(i) Systematic identification of thepoints on which the investigative
officers should raise questions toelicit more leads for further
investigation.
(ii) Every new lead unearthed during
such interrogations must be
immediately followed up with therequired steps for further
investigations, such as conducting
further searches, apprehending new
suspects etc.
3. Lack of Co-operation from the General
Public/Witnesses(a) Lack of Trust in the Police and Lack of
a Helpful Attitude of the Police
In order to improve the attitude andimage of the police with the public, andthereby inspire trust so that the publiccomes forward to actively assist ininvestigations, the following
recommendations are made:(i) Every effort must be made to
institutionalize measures that canensure fair and impartial

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functioning. The countermeasuressuggested in this report regarding the
problem of undue political andadministrative influence can go along way in ensuring theindependent, fair and impartial
functioning of the police, thereby
inspiring confidence in the public.
(ii) Every effort must be made to improve
the quality of police personnel andtheir performance, and to
institutionalize systems/measures inthis regard. The recommendations
made in this report with regard to the
problem of sub-standard police
personnel and with regard todeveloping interrogation skills aresome of the measures which can
improve the police image. Developing
interrogation skills, will also help inpreventing custodial deaths which
badly mar the police image.
(iii) An attitudinal change must be
brought about in the police throughperiodic, specially designed, refresher
courses and through constant on-thejob instruction. Effective supervision/leadership by the superior officers
will also help to adopt a humane/helpful attitude towards the public.
(iv)The electronic media and the press
must be effectively used to highlightthe good deeds/achievements of thepolice, so that the public graduallycomes to acquire greater confidence
in the police.
(v) Enhanced contact of the police withpeople at different levels will inspire
confidence in the police.
Establishment of Police-Public Cooperation Committees, in whichheads of educational institutions,representatives from prominent
service organisations, respectable

111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
members of the public and the press/
electronic media could be
represented, would go a long way ininspiring confidence in the police.
Such Police-Public Co-operation
Committees could lead to the effective
enforcement of Community Policing
measures, including assistance byvolunteers in traffic enforcement etc,
all of which can enhance the police
image. The Police Box (Koban)
system in Japan is also a goodmeasure in community policing, asalso the Neighbourhood Police Posts
in Singapore, which should also be
considered.
(vi)S y s t e m s m u s t b e e s t a b l i s h e dwhereby complaints against police
personnel must be effectively heardby superior officers and acted upon.
Strong disciplinary or criminal action
against instances of abuse of power,
corruption etc, must be ensured. For
this, it is necessary that superior
officers must be highly accessible tothe public. For example, in Hong
Kong, the Complaints Against Police
Office is a delegated police unit toinvestigate all the complaints against
the police, and the results ofinvestigations are scrutinized by nonpolice officials.
(vii)Fair administration of the police must
be ensured whereby, while the wrongdoers are not spared frompunishment, those who excel in theirwork, especially in eliciting public cooperation through their humane/helpful attitude, are suitably
rewarded.
(b) Fear of Revenge from the Accused
Since witnesses often do not comeforward to depose against criminals due tofear of revenge, the following
countermeasures are recommended in thisregard:(i) Witness Protection Programs such asin Brazil, Colombia, Hong Kong,
must be established whereby suitable
protection is provided to thewitnesses, according to requirements,
at the expense of the State.
(ii) Victim Assistance Committees may
be set up to extend psychological/
other support to victims of crime, who
also will happen to be the prime
witnesses in a case. For sexual
crimes, women police officers can be
assigned as detectives, as in Japan,
so that victims of sexual crimes feel
comfortable in reporting to the policeand during investigations. The
Vu l n e r a b l e Wi t n e s s S u p p o r t
Programme, as in Singapore,
whereby support to vulnerable
witnesses who have to testify incriminal cases is extended, is also
recommended for adaptation as per
local conditions. Amendments havealso been made to the Singapore
Criminal Procedure Code (Cap 68) forthe evidence of vulnerable witnesses
in certain types of offences to be heard
through live video or television links.
(iii)In case of any attack on a witness bya criminal, it must be ensured thatexemplary punishment is imparted.
(c) Inconvenience to Witnesses andIndifference of Witnesses
Witnesses are also reluctant to comeforward to assist the police in detecting/investigating a crime, and to depose as
witnesses, as it can cause considerable
inconvenience and harassment to them andresult in a wastage of time. Consequently,
they are indifferent towards the police. To
meet ths problem, the following
countermeasures are suggested:429

RESOURCE MATERIAL SERIES No. 55(i) Adequate conveyance, boarding andlodging monies must be provided towitnesses, for which necessary
provisions must be made.
(ii) It must be ensured that witnesses aretreated by the police with sensitivity,
so that they do not have to faceharassment in terms of being called
to police stations frequently, or
having to visit courts frequently, due
to avoidable adjournments, keeping
in view the time constraints which awitness may have. Every witness
must be made to feel important, as
the minimum reward for their effort/
sacrifice. Any other reward may not
be legally acceptable.
(iii)Mass media must be effectively used
to raise awareness amongst the
public that without their cooperation, it is very difficult for thepolice to fight crime; and that the
public, themselves are the coproducers of public safety.
4. Internationalization of Crime as a
Hindrance to Investigations(a) Difficulties in Gathering Information/
Background Data from Overseas on
Criminals and Crimes
In view of the problems posed by theinternationalisation of crime, as indicatedabove, the following countermeasures arerecommended with regard to gathering
information/background data fromoverseas on criminals and crimes:(i) Interpol, of which most countries are
members, must be put to effective usefor obtaining data on crimes andcriminals from foreign countries. For
Interpol to be effective, the message/queries received from it must receive
adequate attention, so that prompt
replies can be assured.

(ii) Liaison officers posted abroad may bemade optimum use of to collect therequired bona fide information on
crimes and criminals, and to keep thepolice agencies of the concernedcountries suitably informed.
(iii)To maximize participation of police
officers in international conferenceson crimes/criminals so that allconcerned are suitably sensitised,mutual apprehensions (if any)
dispelled, and harmonious workings
towards common objectives
facilitated.
(b) Difficulties in Collecting Evidence from
Overseas
Since investigations are often required
to be carried out in foreign countries andevidence is required to be collecteed, thisprocess is fraught with acute difficulties.
The following countermeasures arerecommended:(i) The available treaties on Mutual
Assistane in criminal matters mustbe put to optimum use, as also theavailable diplomatic channels.
(ii) Active efforts must be made by police
agencies to have necessary
diplomatic or legislative initiatives
taken by their governments toconclude bilateral/multilateraltreaties with different countries
regarding mutual assistance incriminal matters. Pending theconclusion of such treaties, mostcountries may enact legislation
whereby a country that has no treaty
with it, can also request assistanceunder the principle of reciprocity. In
this connection, the Act on Mutual
Assistance in Criminal Matterspassed by Thailand in 1992 is cited.
(iii)To constantly endeavour to extend

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111TH INTERNATIONAL SEMINARREPORTS OF THE SEMINAR
maximum co-operation to the
execution of “Letters Rogatory”
received from different countries, toidentify the recurring problems facedin this regard, and to seek lasting
solutions.

(iii)All countries facing the problem ofinternationalisation of crime must
conclude extradition treaties with all
such countries with which they havefrequent problems of extradition.
IV. CONCLUSION(iv) To utilise the personal rapport
achievced with officers of othercountries during conferences/seminars to smooth matters, and toelicit co-operation to solve knotty
problems in investigations abroad.
(v) Necessary amendments in the law ofevidence, wherever necessary, should
be considered, in order to makeadmissible the evidence collected byforeign officials, without the foreign
witnesses having to depose in court.

It is hoped that with the aforesaid
countermeasures recommended for better
detection of crime and more thoroughinvestigations, a definite impact on thecrime situations in different countries canbe made for the ultimate objective ofeffectively preventing crimes in ourchanging societies.

(c) Difficulties in Securing Extradition of
the Accused
Since in many countries, the trial of an
offender in the requesting State cannnot
proceed without the presence of theoffender in the court of criminal trial,
extradition is a vital legal mechanism.
However, in many countries, for want of
the required provisions in their extradition
Acts, or if enacted, for want of mutual
extradition treaties, the extradition of
offenders wanted by a country is often amajor problem. In this connection, thefollowing countermeasures arerecommended:(i) The available extradition laws,
treaties and diplomatic channels
must be made optimum use of toachieve extradition of offenders.
(ii) Necessary extradition Acts must be
enacted by most countries so that theconcerned country can extradite an
offender to the requesting State, even
if the requesting State does not havea treaty with it.

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