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Source: The Hindu
Relevance: India’s criminal handling system should be aligned to catch fugitives within the country. Because once they leave the country, it becomes difficult to bring them back.
Synopsis:
In the absence of a coordinated database, criminals can go undetected. Hence, robust tracking of fugitives demands the creation of a nationwide database of wanted persons, which should be accessible by the government agencies and the public.
Background:
- Indian law on extradition is spread across the Indian Penal Code as well as various laws pertaining to narcotic drugs, Information Technology, hijacking, and so on.
- Theoretically, there exists a system of tracking criminals worldwide through Interpol Notices and the sharing of immigration databases of different countries.
- However, there is no coordinated system or database for tracking criminals or wanted persons domestically.
- Some police stations do initiate proceedings for attachment of property and declaration of the accused as proclaimed offenders.
- But the number of cases where coordinated efforts are made to pursue fugitives (domestically or internationally) are hardly documented.
Impact of not having a Domestic Database:
- It is relatively easy for criminals from one police station/jurisdiction to mix into the population in any other area without being detected.
- The absence creates a tendency to close investigations once the accused have absconded. This reduces the pendency of cases but undermines the administration of justice.
What should be done?
- A nationwide database of wanted persons should be created, which could be accessible by the government agencies and the public.
- The Crime and Criminal Tracking Network and Systems (CCTNS) and the National Intelligence Grid are efforts in the right direction, but more integration is desirable.
- A nationwide system of ‘Wanted Person Notices’, similar to Interpol Notices, is required to track fugitives domestically. Countries like the US already have functional inter-State extradition and fugitive tracking systems.
- The integration between immigration agencies, State police agencies, Interpol-New Delhi, the External Affairs Ministry, and Home Ministry should be enhanced.
- Further India needs to sign more bilateral and multilateral conventions on criminal matters and extradition.
- All relevant legal processes and requirements should be incorporated into one consolidated law on international cooperation. This would restrain criminals from absconding abroad.
- The entire gamut of activities pertaining to fugitives, from investigation to extradition, needs to be incorporated into a specialized setup with an Integrated International Cooperation Division (IICD) at the top.
- The IICD should have linkages with proposed fugitive tracking units at the State level. This would ensure the creation of desired forward-and-backward linkages.