PARTICIPANTS’111TH INTERNATIONAL PAPERS SEMINAR PARTICIPANTS’ PAPERS THE ROLE OF POLICE, PROSECUTION AND THE JUDICIARY IN THE CHANGING SOCIETY Rebeka Sultana* I. INTRODUCTION resentment due to uneven economic prosperity; unstable public order Crime prevention means the elimination intensified by feud, illiteracy, of criminal activity before it occurs. unemployment etc, as the fundamental Prevention of crime is being effected/ causes of the high escalation of crime in enforced with the help of preventive Bangladesh. prosecution, arrest, surveillance of bad characters etc by the law enforcing Due to radical changes taking place in agencies of the country concerned. Crime, the livelihood of people in the recent past, and the control of crime throughout the criminals have also brought remarkable world, has been changing its features changes in their style of operation in rapidly. Critical conditions are taking place committing crimes. The crime preventive/ when there is change. Nowdays, causes of prosecution systems are not equipped crime are more complex and criminals are accordingly. As the existing prosecution becoming more sophisticated. With the cannot render appropriate support to the increase of social sensitivity to crime, more law enforcing agencies in controlling and more a changing social attitude, crimes, the criminals are indulged and particularly towards the responsibility of consequently, crime trends increase in the citizenry to law enforcement, arises. society. Besides, due to insufficient Existing legal systems and preventative preventive intelligence, crime prevention, measures for controling crime have to be particularly preventive prosecution, does changed correspondingly. There should be not achieve much. an attempt to devise the ways and means to equip the older system of crime It has been noticed that the younger prevention and criminal justice to face generation in this part of the world is being these new challenges. influenced at an alarming rate by crime- movies, films showing the commission of II. GENERAL FEATURES OF CRIME crimes, and magazines and other literature IN BANGLADESH containing such material. 67.54% of the Crime throughout the world has been arrests made by the police in connection changing its feature rapidly. The causes with different crimes during the last five of crime in Bangladesh may be generally years fall within the age group of 18 to 30 attributed to some of the inherent socio- years. economic features of the country. Sociologists and criminologists consider the Unemployment, particularly of the high level of social deprivation; increase of young people, provides ample opportunity population at a rate incompatible with for an idle mind to think about ways and basic human needs; socio-economic means not only of getting something legally or illegally, but of doing something exciting. * Senior Assistant Secretary, Ministry of Home The commission of a crime may provide Affairs, Bangladesh. satisfaction to the youth who find in it a 377 RESOURCE MATERIAL SERIES No. 55 means of expressing their personality. III. CRIME TREND OF However, national catastrophes, family BANGLADESH feuds and the relatively easy availability The crime trend in Bangladesh may be of firearms are also a factor responsible for seen from a review of the last quanquinial many crimes. Acts of terrorism, arms- criminal statistics (1993-97) and for the dacoity, extortion, rape, murder, illegal period from January to November. 1998 export of manpower, smuggling, trafficking of the country, is shown in the table below. of drugs, economic crimes etc are occurring This reveals that major crimes in very frequently, raising alarm in the public connection with property and the human mind. The crimes are planned and body have shown an upward trend. This executed by experts, and ordinary upward trend is attributed to preventive systems are increasingly found understandable socio-economic factors, and inadequate to halt the trend. is in the line with world crime scenario. Year Dacoity Robbery Murder Rioting Rape Cruelty to (including riot Women with murder) 1993 889 1125 2596 8651 501 1234 1994 834 1118 2567 5044 499 1206 1995 907 1399 2991 4827 556 1688 1996 924 1660 3131 5988 525 3121 1997 933 1765 3084 4967 1336 4507 Jan-Nov 949 1603 3240 3858 2728 4072 1998 Year Cruelty Kidnapping Burglary Theft Arms Act Explosive to children /abducting Act 1993 4 1503 5169 9123 1229 304 1994 18 1629 4938 8652 1200 443 1995 79 1705 5110 9807 1635 832 1996 202 1050 5177 10273 2519 748 1997 453 1025 5425 10041 1969 550 Jan-Nov 635 1112 5044 9871 1972 667 1998 Year Drugs Act Smuggling Other Total 1993 1824 2433 37284 72069 1994 2784 2198 42179 75306 1995 3024 2430 45941 82931 1996 3586 3146 51262 93310 1997 4431 2763 58912 102161 Jan-Nov 1998 4818 2770 60932 104271 378 111TH INTERNATIONAL SEMINAR PARTICIPANTS’ PAPERS It would appear that there is a international co-operation regarding considerable decrease in crimes, relating mutual assistance, such as the transfer of to rioting during the last five years, offenders, is not implemented in a timely whereas for other crimes, the trends manner. So it could be said that the display an increase. The number of cases criminal justice system of Bangladesh is regarding cruelty to women and children not fully meeting its expected functions. has increased, which indicate a conscious community grappling with a social V. ROLE OF THE POLICE problem. The increase in the number of The general function performed by the cases relating to abuse of drugs has two police can be divided into three main aspects. On the one hand, it indicates categories; law enforcement, order increased abuse of drugs. On the other maintenance, and service. Law hand, greater number of cases indicate enforcement is the police mission of seeing more efforts directed towards arresting the that there is compliance with the provisions trend. As compared to 1993, the percentage of the law, detecting breaches of the laws, of increase in crime was 4.5% in 1994, and apprehending alleged violators. Order 15.07% in 1995, 29.47% in 1996 and 41.75% maintenance, on the other hand, is the task in 1997. In 1997 the crime rate per of preserving peace and security. Service 1,00,000 population was 81.04%. functions consist of the services for the public. Bangladesh police porform a IV. CRIMINAL JUSTICE SYSTEM variety of roles; the role ascribed by law; The criminal justice system comprises the role desired by their superiors, of the police, prosecution and the judiciary, including the government, the role who are vested with crime control of the expected by the people, particularly the society. The role of the criminal justice victim; and the role which they think they system is twofold: control and prevention. ought to perform. These roles may be It is needless to say that issues of crime categorised as control include identifying the commission of crimes; clearing of cases; conducting (i) Maintenance of law and order; and prompt and appropriate investigations; (ii)Non police jobs (which change with collection of sufficient evidence; ensuring social attitudes and moral values). fair and efficient judicial proceedings; and punishing offenders. The police population ratio does not compare favourably with other countries The criminal justice system of of Asia. In 1997 the total population of Bangladesh is also exerting effort to Bangladesh was 120.49 million and police counter crime. But the statistics reveal a strength was 98033. The police population low clearance rate of offenders. There are ratio is 1:1274. So with this limited difficulties in the collection of evidence, and strength, the prime function of prevention thereby preventing exhaustive and detection of crime is difficult. The investigations and trial delays; which police personnel are unevenly distributed contribute to low conviction rates. Over with the need and priority of the task. the past few years, crime such as violence Nearly 65% of the total police power is against women, rape, trafficking of women, committed to maintenance of law and acid throwing, cruelty to children, order, only 19% to investigation, 3.47% to trafficking of children and abuse of drugs traffic management, 0.85% to prosecution, is very alarming. Another matter that is and 0.8% to training. There are only 379 RESOURCE MATERIAL SERIES No. 55 around 929 officers at supervising level for conviction for cases brought to trial by the a force of about one hundred thousand, courts. The decision to arrest a person may which seems to be disproportionate (see not always be on the bonafide belief of Table 3). suspicion and many arrests may be made to shield inefficiency. Conviction may not The police have a professional always based solely upon the merit of the responsibility to maintain the highest prosecution, since appreciation of evidence standard of conduct, particularly honesty, by the presiding judge is based on other impartiality and integrity. It is factors also, such as the changing of unfortunate that the police in modern statements by witnesses or witnesses society are looked upon with fear, suspicion turning hostile and so on. and distrust by the people. Public apathy towards the police demoralises them and The preventive function of the police is ultimately they lose self-confidence, to arrest law-breakers and suspected making them hesitant to take firm steps criminals, and take them into custody in to prevent violations of the law. Political order to prevent crime. The legal limits of interference is another cause which make arrest and detention of suspects are clearly them corrupt, dishonest and inefficient. So defined in the Criminal Procedure Code. the presence of these impediments in a Statistical analysis reveals that preventive society can not create fearless measures can not create the desired impact administration of law and justice. It is not on offences. The punishment of preventive an exaggeration that the present prosecution is only limited to the executing deterioration in law and order is due to of a security bond, which could not these forces which have demoralised the successfully prevent the crime.