LOK SABHA SECRETARIAT PARLIAMENT LIBRARY AND REFERENCE, RESEARCH, DOCUMENTATION AND INFORMATION SERVICE (LARRDIS) MEMBERS’ REFERENCE SERVICE REFERENCE NOTE . No. 1 /RN/Ref./February /2015 For the use of Members of Parliament Not for Publication CRIME SCENARIO IN INDIA .------------------------------------------------------------------------------------------------------- The reference material is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of the information as it is based on the sources indicated at the end/in the text. This Service does not accept any responsibility for the accuracy or veracity of the information or views contained in the note/collection. CRIME SCENARIO IN INDIA INTRODUCTION India is a Union of States and is governed by a written Constitution which was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 19501. It consists of 29 States and 7 union Territories2. Due to its colonial heritage, India follows the Anglo-Saxon common law system. Article 14 of the Constitution provides for equality before the law. Article 21 guarantees protection of life and personal liberty. Article 20 provides protection against double jeopardy Article 39-A mandates the State to secure equal justice for all. Article 50 provides for separation of the judiciary from the executive in the public services of the State3. ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India and therefore, the State Governments are primarily responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals4. CLASSIFICATION OF CRIMES The Criminal Procedure Code (Cr.P.C.) classifies all the crimes into two categories: (i) Cognizable - Sec.2(c) Cr.P.C. and (ii) Non-cognizable - Sec.2(l) Cr.P.C. Cognizable Crimes A Cognizable offence or case is defined as the one which an officer in-charge of a police station may investigate without the order of a magistrate and effect arrest without warrant. The Police have a direct responsibility to take immediate action on the receipt of a complaint or of credible information in such crimes, visit the scene of the crime, investigate the facts, apprehend the offender and arraign him before a Court of law having jurisdiction over the matter. Cognizable crimes are broadly categorised as those falling either under the ‘Indian Penal Code (IPC)’ or under the ‘Special and Local Laws (SLL)’5. As many as 66,40,378 Cognizable crimes were reported in the country during 2013 comprising 26.5 lakh cases registered under the IPC and 39.9 lakh cases registered under 1 www.gov.in 2 www.knowindia.gov.in 3 Crime in India by Shashi Shekhar Singh, (2006), Vista International Publishing House, Delhi, p.1 4 Lok Sabha Unstarred Question No.3211 dated 11.02.2014 5 India. Ministry of Home Affairs Report, Crime in India, 2013, p.15 2 the SLL. The ratio of IPC to SLL crimes varied from 1:2.2 in 2003 to 1:1.5 in 2013. In terms of percentage, 60.1 per cent of total cases (IPC + SLL) during 2013 were reported under Special and Local Laws and rest of the cases (39.9%) under the Indian Penal Code (IPC). Incidents of Cognizable crimes in the country during the decade from 2003 to 20136 are given at Annexure -I. Non-Cognizable Crimes Non-Cognizable crimes are defined as those which cannot be investigated by police without the order of a competent magistrate. The Police do not initiate investigation in Non- Cognizable crimes except with magisterial permission. First Schedule of the Cr.P.C. gives the classification of the offences of the IPC into Cognizable and Non-Cognizable categories7. Various crimes that are being registered and investigated by different law enforcement agencies are broadly grouped under the following categories for statistical information system. Broad classification of crimes under the Indian Penal Code (IPC) i) Crimes against body: Murder, Attempt to commit murder, Culpable homicide not amounting to murder, Kidnapping & Abduction, Hurt, Causing death by negligence; ii) Crimes against property: Dacoity, Preparation and assembly to commit Dacoity, Robbery, Burglary and Theft; iii) Crimes against public order: Riots and Arson; iv) Economic crimes: Criminal breach of trust, Cheating & Counterfeiting; v) Crimes against women: Rape, Dowry death, Cruelty by husband or his relatives, Assault on woman with intent to outrage her modesty, Insult to the modesty of women and Importation of girls from foreign country; vi) Crimes against children: Child rape, Kidnapping & Abduction of children, Procuration of minor girls, Selling and Buying of girls for prostitution, Abetment of suicide, Exposure & Abandonment, Infanticide and foeticide; vii) Other IPC crimes8. The detailed data of Cognizable Crimes (IPC) State-wise and Crime Head-wise is given at Annexure- II and II-A). 6 Ibid, Ministry of Home Affairs Report, Crime in India, 2013, pp.17 & 23 7 Ibid, p.15 8 Op.cit, Crime in India by Shashi Shekhar Singh, p.6 3 Crimes under the Special and Local Laws (SLL) i) Arms Act, 1959; ii) Narcotic Drugs & Psychotropic Substances Act, 1985; iii) Gambling Act, 1867; iv) Excise Act, 1944; v) Prohibition Act; vi) Explosives & Explosive Substances Act, 1884 & 1908; vii) Immoral Traffic (Prevention) Act, 1956; viii) Indian Railways Act, 1989; ix) The Foreigners Act, 1946; x) Protection of Civil Rights Act, 1955; xi) Indian Passport Act, 1967; xii) Essential Commodities Act, 1955; xiii) Antiquities & Art Treasures Act, 1972; xiv) Dowry Prohibition Act, 1961; xv) Prohibition of Child Marriage Act 2006; xvi) Indecent Representation of Women (Prohibition) Act, 1986; xvii) Copyright Act, 1957; xviii) Commission of Sati Prevention Act, 1987; xix) SC/ST (Prevention of Atrocities) Act, 1989; xx) Forest Act, 1927; xxi) Other crimes (not specified above) under Special and Local Laws including Cyber Laws under Information Technology Act, 20009. The detailed data of Cognizable Crimes (SLL) State-wise and Crime Head-wise is given at Annexure- III and III-A. CRIME INCIDENCES (IPC + SLL) (Incidences: 66,40,378) Total incidences of crime gives an absolute picture of the crime situation in the country or the States/UTs. Comparative figures over a period of time indicate an increase or decrease of the incidences of crime, requiring appropriate crime control efforts by the State Police. 9 Ibid, Crime in India by Shashi Shekhar Singh, pp.6 & 7 4 The incidents of IPC crimes during 2013 reported a higher growth of 54.3 per cent as compared to 15.0 per cent population growth during the decade (2003-2013)10. Details are given at Annexure- II and II-A and III and III-A. CRIME RATE (IPC + SLL) (Crime rate: 540.4) Population is one of the important factors influencing incidences of crime. A number of socio-economic factors, besides population, could influence the crime situation at a particular place. The present analysis of crime rate is restricted to the influence of population only. Therefore, the analysis of crime rate of a particular State/UT shouldn’t be construed as the sole indicator of crime position of that particular State/UT in relation to others. The ‘Crime rate’ defined as the ‘number of crimes’ reported per 1,00,000 population is universally taken as a realistic indicator since it balances the effect of growth in population and size of State. The rate of total Cognizable crimes in the country which showed a rising trend during the period 2003-2004 (from 514.4 in the year 2003 to 555.3 in the year 2004) and declined to 455.8 in the year 2005 and again slightly decreased to 455.7 in the year 2006. However, it rose to 504.5 in 2007, 515.0 in 2008, 570.8 in 2009 and it, however, decreased to 569.3 in 2010, 516.7 in 2011, and further declined to 497.9 in 2012, thereafter it rose to 540.4 during 2013. The sudden drop in crime rate from 555.3 in the year 2004 to 455.8 in the year 2005 may be attributed to the exclusion of certain non-cognizable crimes by Kolkata Police in 2005 data, which were being included inadvertently under the crime-head 'Other SLL crimes' prior to the year 2005. The crime rate in respect of IPC crimes has increased by 9.6 per cent during 2013, from 196.7 in the year 2012 to 215.5 in the year 2013 and for SLL crimes, an increase of 7.9 per cent was reported during 2013 over 2012 (from 301.2 in 2012 to 324.9 in 2013)11. Details are given at Annexure - II and II-A and III and III-A. COMPLAINTS RECEIVED BY POLICE The total number of complaints received by the Police including oral, written, distress call or the ones initiated suo-moto by the Police is being collected since 1999 in order to assess the quantum of work load of police. A total of 1,86,84,289 complaints were received by the Police in the country during the year 2013 as compared to 1,07,82,638 complaints received during the year 2012 showing 10 op.cit, Ministry of Home Affairs Report, Crime in India, 2013, p.23 11 Ibid, pp.23 & 25 5 an increase of 73.3 per cent over 2012. 21.0 per cent of these were written complaints, 8.0 per cent were oral complaints, 20.3 per cent complaints were initiated by the Police and 50.8 per cent were distress calls reported over phones (Dial No.100). Nearly, 35.5 per cent of these complaints were registered as Cognizable offences (66,40,378 out of 1,86,84,289 cases).