Indian Police Journal Volume 66, Number 4 | October-December, 2019
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1970-2020 IPJ The Indian Police Journal Volume 66, Number 4 | October-December, 2019 Editorial Board Chief Patron Sh. V.S.K. Kaumudi, IPS, DG, BPR&D, MHA, New Delhi Editor-in-Chief Sh. V.H. Deshmukh, IPS, ADG, BPR&D, MHA, New Delhi Managing Editor Sh. Vikas Kumar Arora, IPS, IG/Director (SPD), BPR&D, MHA, New Delhi Executive Editor Sh. Shashi Kant Upadhyay DIG/DD (SPD), BPR&D, MHA, New Delhi Editor Sh. Gaurav Kumar Sharma, IIS, BPR&D, MHA, New Delhi Contents Sl. No. Title of the Article Page 1 Electronic Evidence in the Indian Courts: A Set of Forensic Guidelines for 1-14 the Police Officers in India Dr. P. Vinod Bhattathiripad and Loknath Behera 2. Do Police in India Control Crimes? 15-25 Shashank Deora and Sanjiv J Phansalkar 3. Cyber Threat: Indian Railways Perspective 26-34 S. Shandilya and P. Rajmohan 4. Organisational Stress and Coping Strategies among Police Personnel: 35-45 A Study of Chandigarh (U.T) Police Dr. Kuldeep Singh and Navjot Kumari 5. Will Society Let Female Offenders to Lead a Normal Life? 46-59 A Study on the Perception of Police towards the Challenges in Reintegration of Female Offenders Anuja Abraham and Dr. M. Priyamvadha 6. Application of Appreciative Inquiry in Police 60-70 Puja Roy 7. Integrating Human and Social Media Intelligence for better National Security 71-81 Vinay Kaura 8. Occupational and Organisational Stress on Police: A Discussion on Recent Studies 82-89 Dr. Kamal Bikash Majumdar 9. Police Subculture and its Influence on Arrest Discretion Behaviour: 90-106 An Empirical Study in the Context of Indian Police Satyajit Mohanty 10. Analysis and Investigation of Clues in Cases of Doubtful/Motivated 107-150 Allegations/Implication of Rape Mr. A. Dutta and Mr. R. C. Arora 11. Police Performance Measurement Index 151-169 S.R. Jangid 12. “Samarth - Breaking Barriers” Therapeutic Intervention Program 170-179 Rationale and Effectiveness in Sabarmati Central Prison Ahmedabad, Gujarat Reena Sharma EDITORIAL MESSAGE The current issue of the Indian Police Journal consists of twelve chapters focusing on the various issues related to the Policing and the readers of the premier Journal across the nation wouldgreatly benefit from this issue. The Article “Electronic Evidence in the Indian Courts: A set of Forensic Guidelines for the Police Officers in India” is an interesting article where usage of electronic evidence in the investigation processin the context of the Section 65B of the Indian Evidence Act has been described thoroughly. “Do Police in India Control Crimes” is another quintessential article cumcase study where an attempt is made to explore the relationship between the police strength and crime rate in India. In the article “Cyber Threat: Indian Railways Perspective” both the authors have cautioned in prior about misuse of cyber platforms by the non-state actors and the modus operandi used in carrying out the same. The article “Organisational Stress and Coping Strategies among Police Personnel: A Study of Chandigarh (U.T) Police” delves deep into the organisational stress and various facets related to it. It also suggests measures to subdue and counter the same. “Will Society Let Female Offenders to Lead a Normal Life? A Study on the Perception of Police towards the Challenges in Reintegration of Female Offenders” is an article based on the study where attitudes of the Police Personnel and Society towards the challenges of reintegration of female offenders in denial of job opportunities, negligence from family and society, social stigma, changes in the mental health of the offenders due to prisonization, suspicion from police have been studied. Through the article “Application of Appreciative Inquiry in Police” the writer discusses Appreciative Interviewing (AI) and its positive outcome in the context of the Police in India. The article “Integrating Human and Social Media Intelligence for better National Security” dealsinthe growing significance of Social Media Intelligence (SOCMINT) for law enforcement and intelligence agencies, and it argues the integration of Human Intelligence (HUMINIT) and Social Media Intelligence (SOCMINT) for better national security. ‘Promoting Good Practices and Standards’ “Occupational & Organisational Stress on Police: A Discussion on Recent Studies”is another article on Organisational Stress in the Police and its consequences and remedies have been discussed. In the article “Police Subculture and its Influence on Arrest Discretion Behaviour; an Empirical Study in the Context of Indian Police”, the writershows the empirical study on the impact of subculture on arrest discretion behaviour of police in India and its relative significance compared with organisational determinants. Through the article “Analysis and Investigation of Clues in Cases of Doubtful/Motivated Allegations/Implication of Rape”, the author analyses 360 degree perspective of issues associated the subject. “Police Performance Measurement Index” is another rich article which focuses on various aspects of police performance management, such as why police performance needs to be measured, what parameters should be measured, and how these should be measured. “Samarth - Breaking Barriers, Therapeutic Intervention Program Rationale and effectiveness in Sabarmati Central Prison Ahmedabad, Gujarat” is an article where the writer discusses success of therapeutic intervention programs systematically designed to offenders convicted in the Gujarat Central Prison in India and the correctional measures taken. The task to carry out the IPJ in time is herculean in nature which was made possible by the Contributors and Editorial team. Hence, I really appreciate and thank the contributors taking the time to write the articles for October-December, 2019 issue. I also express my sincere gratitude to the editorial team who have worked tirelessly to make this issue a reality. I am also thrilled to announce that BPR&D has entered in its Golden jubilee year and we are soliciting more articles for our Golden Jubilee issue. The suggestions and feedback on qualitative improvements are welcome. -Jai Hind Editor-in-chief ‘Promoting Good Practices and Standards’ Electronic Evidence in the Indian Courts: A Set of Forensic Guidelines for the Police Officers in India Dr. P. Vinod Bhattathiripad1 The Indian Police Journal @BPRD, MHA 2 BPRD Publication Loknath Behera www.bprd.gov.in Abstract This article updates the Police officers in India on the cyber evidence in the context of the Section 65B of the Indian Evidence Act. The points raised in this article are expected to serve as a quick reference guide while preparing, processing and presenting electronic evidence in a manner that is admissible to the courts of law in India. The article suggests a few guidelines to follow while presenting electronic evidence in the Indian courts and points out that the legitimacy and authenticity of such electronic evidence may be questioned or invalidated unless its preparation, presentation protocols and relevant features conform to the various provisions prescribed by the Section 65B of the Indian Evidence Act. Keywords Electronic Record, Secondary Evidence, Electronic Evidence, Forensic Guidelines, Integral, Automatically, Criminals. Introduction capacity to automatically create and store usage details when they are used or abused. Also, There is no doubt that digital technology and almost all pieces of digital products (including cyber space form an integral part of the modern databases, images, audio clippings and video life and today’s criminals and culprits often tend clippings) have an inborn capacity to to use digital technology while conducting automatically create and store their production- crimes. As a result, whether a case is digital- related (and also their manipulation-related) related or not, modern investigators across the details as part of their source document or world today often invariably look for digital transaction logs. evidence as well. Many such automatically stored digital details Evidence that helps establishing such crimes can can become evidential in various disputes related very often be found in, through and by means of to or involving such pieces of digital equipment digital equipment (Bhattathiripad, 2014). Almost and products. Such digital evidence not only helps all pieces of digital equipment (such as establish a crime but also confirms the criminal’s computers, mobile phones, electronic weighing involvement in the crime. machines etc.) have aninherent and inbuilt Author’s Intro: 1. Ph.D., (Cyber Forensics) Chief Technology officer (Honorary Consultant) to the State Police Chief, Kerala. 2. Director General of Police and the State Police Chief, Kerala. 2 The Indian Police Journal Because of all these, the judiciary often Evidence can either be primary2 or expectsreliable, high-quality digital evidence secondary3.Also, evidence can be either oral or from the cyber forensic experts. Moreover, the documentary4. judiciary often acclaims and acknowledges Documentary evidence can be in the form of through judgments, those digital forensic electronic records also(According to the Sec. evidence that are highly relevant, derived by 2(1)(t) of this Act, electronic record means scientific methods, and supported by appropriate data, record or data generated, image or validation (Ryanand Shpantzer, 2005).Such an sound stored, received or sent in an electronic acclaim, for instance, can be clearly sensed and form or micro film or computer generated deduced from the judgment (Judgment, 2017)in micro fiche.). which