By Ananya Singh
The National Crime Records Bureau (NCRB) in India released its annual report for the year 2016 on 30 November. It ranked Uttar Pradesh with the highest number of reported heinous crimes, while Delhi ranked first with the highest crime rate (974.9) under IPC crimes. For the first time, the report has included a new chapter on missing persons and children. Further, seizures of arms, ammunition, drugs and currency have also been recorded.
With new areas of crime being incorporated into the Bureau’s annual report, the document should allow for a comprehensive understanding of crime in India. However, with low levels of police accountability and under-reporting of crime, how credible are the numbers published under the NCRB’s official seal?
NCRB’s report not the full picture
The NCRB 2016 report charts an increase of 2.6 percent in crimes as compared to the previous year. Charge sheeting rate of 72.9 percent was recorded for IPC crimes while the conviction rate stood at 46.8 percent. The report indulges in ranking cities based on their crime rates while media and society wallow in the subsequent results. However, this ranking is inadequate as a large chunk of data seems to be missing.
Taking a look at the number of robbery cases reported in 2016, the NCRB report charted a decline of 11.8 percent in such cases as compared to 2015. A positive correlation between the decline in crime rates (in this case, theft) and police efficiency would be the logical conclusion one draws upon reading about a fall in crime rates. While NCRB provides a snapshot of the official crime numbers, it is of paramount importance to take a look at certain other figures that play a prominent role in understanding crime in India.
A survey conducted by a think-tank based in Mumbai, IDFC Institute on “Safety Trends and Reporting of Crime”, stated that only six to eight percent of theft victims lodge FIRs with the police. The study was conducted in four major Indian citiesNew Delhi, Mumbai, Chennai and Bengaluru. The 92-94 percent crimes that remain unregistered account for the major hurdles in the criminal justice system including under-reporting of crime and refusal by police to lodge FIRs.
Under-reporting of crime in India
The justice system follows a methodical process that involves incidence of crime, reporting of the same to the police, registration of the FIR and finally, investigation and conviction. Each step accounts for valuable information regarding the trends of crime in India. Any step left incomplete results in significant data loss and the final figures do not provide the full picture.
The primary reason for citizens refraining from reporting crimes is a lack of faith in the police mechanism, as it fails to inspire public confidence. There is a growing culture of attempting to avoid legal proceedings by not reporting crimes. Past handling of cases and treatment meted out to individuals, as highlighted by the media, often accentuate the growing lack of trust in police officials.
The results of the IDFC survey revealed that in Delhi, 30 percent of respondents did not lodge complaints because they believed the police would not entertain their requests. 35 percent of respondents in Mumbai felt the incidents were not serious enough for police to take notice, while 51 percent people in Chennai said lack of evidence was the reason for under-reporting. Finally, 35 percent respondents from Bengaluru wanted to avoid the rut of police and court legalities they would have to endure if they reported crimes to the police.
A TISS report mentioned a study done on behalf of Bureau of Police Research and Development on Reluctance of the Public to Aid the Police in the Detection of Crime and Crime Reporting at Police Station. The main reasons included long waiting periods at police stations, the refusal of police to entertain an accusation against people in positions of power and influence, a desire to avoid legal procedures which can meander endlessly with no conclusion and the perceived ineffectiveness of police machinery to handle investigations.
Non-registration of FIRs
The court mandates that a First Information Report (FIR), the legal document of the criminal justice system be registered as the police investigations can begin only after an official complaint is lodged. However, the police often intentionally do not register a complaint.
Once an FIR is lodged, the crime rate count in the city shoots up. Since the police are charged with containing crime rates, officials often follow an unlawful path of not registering FIRs as it aids in suppressing the crime rate, albeit superficially, within their jurisdiction. Since crime rate is directly linked to police performance, victims are neglected in many instances and their FIRs remain unregistered.
Further, the corruption that is embedded in Indian cultural and political spheres leaves the victim helpless as the police may refuse to lodge a complaint if the accused is an influential and well-known person. Police accountability is on a downward spiral. The complexities of handling a daunting case involving a high-profile individual forces the police to disregard their duties. Unsolved and pending cases add pressure to the existing burden of maintaining high-performance rates.
Since non-registration of FIR remains the sordid reality, registered crimes cannot be used to analyse trends in the country. However, NCRB bases its report only on registered crimes. How then can the report be an adequate and accurate measure of crime in India?
Refusing to lodge FIRs a criminal offence?
The appalling gaps between incidence, reporting and registration of crimes leads to serious loss of data that presents a flawed and partial understanding of crime trends in India. The Supreme Court further acknowledged the non-registration of FIRs by police in the 2013 Lalita Kumari case. The Court stated, Such a large number of FIRs are not registered every year, which is a clear violation of the rights of the victims… Burking of crime leads to dilution of the rule of law in the short run;… Thus, non-registration of such a large number of FIRs leads to a definite lawlessness in the society.
There are provisions for the public to approach higher authorities if the police refuse to lodge an FIR. However, the complex nature of the legal system dissuades individuals from following up on such matters. Clearly, this does not bode well for the country’s crime statistics as with a large percentage of crimes not being reported and FIRs not being registered, records are skewed and not accurate.
The parliamentary committee on home affairs, chaired by former Union Home Minister P. Chidambaram, submitted a report that stated, The committee strongly recommends that the government should consider making refusal of registration of FIR by police personnel a criminal offence and action be taken against such erring police personnel.
Dire need for police accountability
Making non-registration of FIR a criminal offence should serve to improve police accountability to the public. However, without adequate implementation and serious action taken against officials who disregard the orders, a reform of the police system cannot be achieved. Sincere efforts must be made to prevent unlawful practices by police machinery and inspire confidence among citizens so they are willing to approach the police officials. This is necessary to ensure NCRB data is an accurate measurement of crime trends.
Keeping in mind the large number of crimes that do not feature in NCRB’s report, the figures mentioned in the 2016 analysis are far from adequate and do not represent the kind of comprehensive data the country needs to battle crime at root-level.
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