Criminal jurisprudence, in order to progress, requires empirical data analysis to understand crime and its forms. Statistical information aids the different law enforcement agencies to comprehend how crime prevails in the society which culminates into chalking out a roadmap of how to reduce criminal occurrences. National Crime Records Bureau (NCRB) is an agency, under the Union Ministry of Home Affairs, which is tasked to make statistical records of the crimes that occur throughout the country. The NCRB employs different techniques and methodologies to conclude the mammoth task of covering every State and Union Territory in this nationwide crime record. After testing our patience for nearly three years, the NCRB released the data for the year 2017 in October this year. The latest annual crime data released by the NCRB revealed that there was an increase of 3.6% in criminal cases in 2017 as compared to 2016, when 50 lakh cases of cognisable offences were registered across the country. The crimes registered in 2017 revealed that the number of murder cases has descended by 5.9% with 28,653 cases of killings registered in the year, from 30,450 murder cases in 2016. As per the report, &ldquo;disputes&rdquo; (7,898 cases) were the motive in the maximum number of murder cases, followed by &ldquo;personal vendetta or enmity&rdquo; (4,660) and &ldquo;gain&rdquo; (2,103). There was a 9% increase in kidnapping and abduction cases in 2017, with 95,893 cases registered against 88,008 in 2016, as per the NCRB report. As per the data, a total of 1,00,555 (23,814 male and 76,741 female) victims were reported kidnapped or abducted, out of which 56,622 (14,296 male and 42,326 female) victims were children and 43,933 (9,518 male and 34,415 female) victims were adults during 2017. The NCRB data showed 9,89,071 cases of offences affecting the human body, including 1,42,794 cases of death by negligence and 86,001 of assault on women with intent to outrage her modesty, were registered.Section 154 of the Criminal Procedure Code, 1973, is the provision for First Information Report (FIR), which is the complaint registered with the police station. It is also the basis on which the NCRB compiles its report. The legislative intent of Section 154 has been explained in the case of Bhajanlal v. State of Haryana, 1971 (1) SCC 34: &ldquo;The legal mandate enshrined in S. 154(1) is that every information relating to the commission of a &ldquo;cognizable offence&rdquo; if given orally or in writing to &ldquo;an officer in charge of a police station&rdquo; (within the meaning of Section 2(o) of the Code) and signed by the informant should be entered in a book to be kept by such officer in such form as the State Government may prescribe which form is commonly called as &ldquo;First Information Report&rdquo; and which act of entering the information in the said form is known as registration of a crime or a case.&rdquo;Fraudulent transactions and sexual exploitation were the highest reported cybercrimes in India in 2017, according to the NCRB. The report stated that cyber frauds led the number of reported cybercrimes by a large margin, accounting for a total of 12,213 individual reports across all States and Union Territories in India. The second most individually reported cases of cybercrime came in the form of online sexual exploitation and harassment, which were 1,460, as per India&rsquo;s official cyber crime records for 2017.In terms of the region wise distribution of cyber crime reports, Uttar Pradesh has been accounted as the State that received the highest number of cybercrimes in 2017, with 4,971 out of the 21,796 accounted cases of cybercrime. Maharashtra ranked the second highest with 3,604 reported online crime, while Karnataka ranked third with 3,174 cases. Sexual exploitation and personal revenge have been noted as the two most focused motives behind cyber attacks in Assam, shedding light into how the nature of cybercrime finds disparity among different States. Among the other most affected States, frauds and extortion were the most prominent motives behind attacks in Uttar Pradesh, while sexual exploitations and frauds were the biggest causes of attacks in Maharashtra. Alongside the similar aspect of frauds in each State, &ldquo;causing disrepute&rdquo; has been noted as the second most reported form of cyberattacks in Karnataka in 2017.Crime Against Women Any crime which finds mention in the NCRB report is one which gets reported, in essence, gets registered with the competent authorities by the aggrieved or the victim in the form of a FIR. A FIR is the beginning or the onset of a criminal investigation, which is registered by the police station of the appropriate jurisdiction. It is only after a FIR is duly registered that an investigation can take its course. It is not inconceivable that in a country like India, which has largely been unfair to its women due its entrenched societal stereotypes and judgments, reporting of crime by women (especially sexual crimes) would be scarce and exponentially less. Though, the Supreme Court of India, in a judgment by a Constitution Bench, in Lalita Kumari v. Government of Uttar Pradesh, AIR 2012 SC 1515, held that registration of FIR is mandatory under Section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible. In such a situation, it would not be unimaginable that in the interior parts of India where illiteracy and social stigmas writ large, women would prefer to stay silent if a crime on their bodies take place, ostensibly to ward off disrepute which their families might be faced with due to their complaint.The NCRB 2017 enumerates a total of 3,59,849 crimes against women in India, out of which, the State of Uttar Pradesh accounts for as much as 56,011 crimes alone. The 2017 report records a 6% increase in crime against women from the last NCRB report. After Uttar Pradesh, Maharashtra and West Bengal were the second and the third States with highest number of crimes against women with 31,979 and 30,002 cases respectively. Majority of cases under crimes against women were registered under &lsquo;Cruelty by Husband or his Relatives&rsquo; (27.9%) followed by &lsquo;Assault on Women with Intent to Outrage her Modesty&rsquo; (27.1%), &lsquo;Kidnapping and Abduction of Women&rsquo; (20.05%) and &lsquo;Rape&rsquo; (7.0%), the report enumerated. Crimes against women are particularly more imperative to be studied and dwelled upon as women are unlikely to report them and the number which the NCRB shows is only a truncated figure and the real data of crime against women is much higher and unviable to be recorded by normative means. It is however discernible that the NCRB report does not extensively deals with the socio economic and social overtone of crimes against the women, which it should have.<img src="https://magarticles.magzter.com/articles/7113/386093/5dd7af3f64007/1574416086054.jpg"" owidth=713 oheight=364" style="height:357px; width:700px" />Crime Against the State In the present government&rsquo;s regime, the democracy has witnessed a rise in crime against the State or the prosecution of those individuals which the State apprehends as those not toeing the line demarcated by them as culprits of having committed crime against the State. The National Crime Records Bureau 2017 saw a 30% jump in cases recorded as &lsquo;Offences against the State&rsquo;. The total number of cases registered in 2017 stood at 9,013 compared to 6,986 cases registered in 2016. The maximum numbers of such cases were reported from Haryana (2,576), Uttar Pradesh (2,055) and Tamil Nadu (1802).It seems a little absurd that at a time when India has the most decisive of leadership with Narendra Modi as the Prime Minister of India and Amit Shah as the Home Minister, India has had crime against the State take an enormous upswing. The increase in offences against the State can be due to either of the reasons: anti State activities are surging or, the State is invoking such provisions in an incomprehensible manner. While 51 cases of sedition were reported in 2017, there were 24 cases related to imputation and assertions prejudicial to national integration. Under the Official Secrets Act, 18 cases were reported and 901 cases were registered under the draconian Unlawful Activities (Prevention) Act, the UAPA. The exuberant increase in cases relating to the most constitutionally obscure legal provisions of the UAPA and also sedition which are invoked by the government to muzzle dissenters is a telling reminder of the need to repeal and do away with these laws as they have lost their purpose and are being used almost routinely in respect of people who can be penalised through other provisions contained in the Indian Penal Code. The State is being excessively intolerant by imputing the harshest of laws against its citizens, rendering them remedy-less. With Sudha Bhardwaj, a human rights activist lodged in jail under the UAPA for more than a year now, it is a sad commentary on the deplorable state of affairs of our constitutional republic.Cybercrimes on The Rise India recorded 21,796 cybercrimes in 2017, an increase of 77% from 2016. Countrywide, 1.7 cybercrimes were committed per one lakh population in 2017. Over half the crimes were committed to gain money by fraudulent means. New crime heads such as cyber blackmailing, cyber stalking and dissemination of fake news were introduced in the 2017 NCRB report. The growth rate of cybercrimes had gone down in 2015 and 2016 before registering a sharp spike in 2017. In 2014, cybercrimes had grown by 69% compared to 2013. In 2015, 11,592 cybercrimes were registered in India, which was an increase of 20.05% compared to 2014. In 2016, growth rate of cybercrimes fell further by 6.03% as 12,317 crimes were lodged.With 4,971 cases, Uttar Pradesh recorded the highest number of cybercrimes in 2017 followed by Maharashtra (3,604) and Karnataka (3,174). Most of the northeastern States registered fewer instances of such crimes. With five cybercrimes committed per lakh population, Karnataka had the highest crime rate. Under the new crime heads introduced in the 2017 report, most cases were recorded under ATM fraud followed by online banking fraud. Over 500 women and children were victims of cyberstalking and bullying. 311 cases were registered under cyber blackmailing and threatening while 170 instances of dissemination of fake news over social media were reported. Over 50% of cybercrimes (12,213) were done for monetary gains through fraudulent means. Nearly 1,500 crimes were committed with the objective of sexually exploiting the victim. Less than 1% of it was committed to incite hate against the country. The least reported motives were abetment of suicide, sale purchase of illegal drugs and to steal information of the victim online.The rise in cybercrimes bears testimony to the fact that technology brings along with it a myriad of new vices and challenges. A comprehensive data protection law, which has not been finalised by the government even after the Supreme Court direction in the much-hailed privacy judgment, (KS Puttaswamy v. Union of India, AIR 2017 SC 4161) must now be effectively enacted to fill gaps in the law enforcement.<img src="https://magarticles.magzter.com/articles/7113/386093/5dd7af3f64007/1574416142869.jpg"" owidth=271 oheight=183" style="height:473px; width:700px" />Limitations of the Report The otherwise critical data of the NCRB report is rendered ineffective for policy making, for want of transparency around the methodology of its compilation. The report has whimsically classified different crimes on the basis of socio-economic factors and within the remit of the Indian Penal Code without abundantly reasoning it out. On the one hand, the NCRB enumerates offence wise data for each State, the prison statistics fail to state any such offence or crime specific data. This makes it impossible to cross verify and peruse both reports for offence specific legislative course. The sentences being served by convicts are not coupled with the crimes committed by them, which is the reason they are undergoing the imprisonment. This makes NCRB squarely inept so far as policy-making is concerned.Further, the NCRB data or the prison statistics do not contemplate anything which can be used for policy-making on the rehabilitation or reformation front. Reformation and the rehabilitation of a convict should be the ultimate aim of every criminal justice system. The alacrity with which the prosecution curtails the liberty of a suspect or accused and proves him as convict should not sway the State&rsquo;s holistic propensity towards an overall healthy society which is free from crime.Reforming the convicts is an important element of State policy, which goes to the root of constitutionality and fairness, apart from being adherent to international laws and settled principles. The report is also marred by other issues in data collection. To obviate the problem of double-counting, it conforms to a &lsquo;principal offence rule&rsquo; which implies that only the most serious of offences out of a single FIR/charge-sheet is taken into consideration for the purpose of reporting. The same is done even when the offences are substantive and not merely incidental to the principal offence. This essentially implies that where the charge against a person is for rape and murder, NCRB will only count the offence of murder for the purpose of the report and not rape! NCRB acknowledges that the same leads to a problem of under-reporting but does nothing to cure the defect.Another very glaring reality which the report does not highlight is the grim situation in State administrations, which deem low number of crime reporting as a reduction in actual criminal activity, which is nothing but an untruth. Police stations are under constant pressure from their seniors to keep the number of FIRs as low as possible, so that a false picture of their region being crime-free can be painted. This not only entails in the obfuscation of the whole process of NCRB, but also infringes upon the right of the victims to be protected and dissuades many victims and aggrieved persons, from reporting crime committed against them to the police due to the indifferent attitude and hostility they may face from the police&rsquo;s side. The police, on most occasions, discourage victims and aggrieved persons so that they do not press for the registration of a FIR. This results in the denial of justice to the receiver of the crime. In cases where in the police refuses to register a FIR, the aggrieved can file an application before the jurisdictional magistrate under Section 156(3) of the CrPC. In a recent case, C Kumaravel v. The Director of Police and others, the Supreme Court of India has reiterated the important tenets pertaining to investigation by Magistrate under Section 156(3) of Code of Criminal Procedure. The guidelines inter alia state: that the Judicial Magistrates, while dealing the petitions under Sections 156(3) of CrPC, are directed to keep in mind the narratives in Lalitha Kumari&rsquo;s case with specific reference to the cases, which might require a preliminary enquiry before issuing a direction to investigate and after careful perusal of the complaint; that eschewing Section 156(3) of CrPC is only on exceptional and rarest of rare cases. Monstrosity of the offence, extreme official apathy and indifference, need to answer the judicial conscience, and existence of hostile environment are few of the factors to be borne in mind to bring a case under the rarest of rare one.State must endeavour to educate and aware the citizens as well as authorities and annul the metric of FIRs to judge overall crime in the society.

NCRB Report And Its Conceptual Flaws

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