THE JOURNEY OF CRIMINAL PROFILING AND ITS ROLE IN TRANSFORMING CRIMINAL JUSTICE SYSTEMS AUTHORED BY - RAHAMATHULLA S & DR. M.A SALEEM AHMED
THE JOURNEY
OF CRIMINAL PROFILING AND ITS ROLE IN TRANSFORMING CRIMINAL JUSTICE SYSTEMS
AUTHORED BY
- RAHAMATHULLA S1 & DR. M.A SALEEM AHMED2
1Research
Scholar, Ph.D - Crescent School of Law,
B.S Abdur
Rahman Crescent Institute of Science and Technology-Vandalur, Chennai.
2Associate
Professor, Crescent School of Law,
B.S Abdur
Rahman Crescent Institute of Science and Technology-Vandalur, Chennai
ABSTRACT:
In India, criminal profiling is an
emerging investigative technique. It was taken from the US and the UK. One
method used to investigate crimes, particularly those committed by criminals,
is criminal profiling. Finding the criminal who has committed the same crime on
multiple occasions is an essential technique that aids the investigator to
anticipate the criminal's future crime. Investigating a crime make it easy to
understand how it happened, but it might be hard to determine why it happened.
This method helps identify the cause of crime, as well as the criminals' mental
states, their actions of the crime, and any patterns that may be present.
Several problems affect India's criminal justice system, including a lack of
efficient profiling, prolonged trials, and budget constraints. The
aforementioned offenses were recognized at that time in the IPC, but they have
since been modified to reflect advances in science and technology, causing the
laws to not properly tackle organized crime, cybercrime, and gender-biased
crime. The criminal not only targets the individual but also uses technological
advancements to secure sensitive information. Analysis of the legislative
changes that will improve criminal profiling under New Criminal laws Bharatya
Nyaya Sanhita, BNSS, and BSA 2023 was a further objective of the study.
Significant components, methods, stages, and approaches such as typological,
geographical, psychological, and digital are also included in the study.
Additionally, it aims to comprehend the profiling of other nations. This research
explores the role of criminal profiling in transforming criminal justice with
adequate technologies.
Keywords: Criminal Profiling, Investigation, offender, behavior, New
Criminal laws.
Introduction:
A CRIME MUST BE ABOLISHED NOT
CRIMINALS[1].
The criminal justice of India operates on the basis of theory of punishment
such as reformative theory. This is helps to rehabilitate the offender and also
to prevent the future crime. The principle of reformative theory works under to
identify the behavioral influenced of criminals. So, need to detect the root
cause of the crime. It is mainly happened in heinous offender, offender follows
the certain technique and pattern to commit the crime. Criminal Profiling is
also known as to offender profiling, crime scene profiling, psychological
profiling and personality profiling[2].
Criminal profiling is the methods to detect the nature of the offender by
analyzing the crime scene. This is primary stage to resolve the case. Criminal
profiling is a tool to understand the criminal psychology, it has now evolved
into complex practice
that utilizes data analytics, behavioral patterns, and predictive technology.
It is an investigation
technique that provides essential details about the criminal's personality
characteristics and the offense he committed. By concentrating on specific
behavioral and personality features, it identifies the type of individual who
most likely could have committed a crime. This transformation has profound
implications for how crimes are investigated and prosecuted. Criminal profiling
plays a major role for responsibility to shape new amended criminal laws while
balancing efficiency, justice, and ethical concerns.
CRIMINAL PROFILING:
The term criminal profiling in not
defined any criminal law. It is evolved from western country. Criminal
profiling, also known as offender profiling, is best understood as a series of
investigative techniques used to determine the characteristics of an unknown
criminal offender. Profiling relies on the basic premise that an individual's
personality and mannerisms guide their everyday behaviors, including their
criminal actions. Evaluating evidence found at the scene of a crime, a profiler
relates this information to known behaviors and personality attributes derived
from past crimes of other criminals who demonstrated similar traits. Utilizing
these similarities, a profiler constructs a description, or profile, of what
police investigators should characteristically look for in a suspect. Despite
sounding valid in principle, these practices, the technique development, and
the ways in which profiling has been used to locate suspects, are surrounded by
controversy[3].
HISTORY OF CRIMINAL PROFILING:
Criminal Profiling was originated in
UK. The case was named as Jack and the Hipper. It was happened in the year of
1888. He was a criminal knowingly for serial killer of the Whitechapel district
of London. The Jack who is a killer. He is not only terminating the life of a person
he followed certain pattern. He targeting the prostitute women for his hunger.
He also involved in the action of sexual assaulting, mutilated, and
disemboweled women, removing organ such as kidney and uterus and his crime
seemed to be disgusted for the entire female gender. The skill of the killer
used to mutilate the female women body foreshadowed the killer knowledge about
the anatomy and surgery. Thomas bond, police surgeon was taken the case and
asked to submit the report about the criminal. And he later examined the
previous victims through post – mortem report. Through this process he created
a killer profile by observing his signature personality. He summarized the
criminal profile that he must be the strong man with powerful physique. He was
a dauntless person. Additionally, he concluded that the criminal must be
suffering from an abnormal sexual condition. The process of criminal profiling
becoming more popular and appreciated method in investigator after psychologist
and psychiatrist took an interest in examining the psyches of criminal minds.
Later USA also started to adopted the method and it was most helpful in
criminal justice.
The following are the main objectives
culled out from the research questions:
- To critically analyse the
methods used by officials to identify accused persons.
- To examine the advantages and
disadvantages of criminal profiling in investigations.
- To explore municipal and
international perspectives on criminal profiling in the context of India.
- To evaluate the practical
aspects of identifying accused persons in India.
- To analyse the constitutional
protections guaranteed to accused persons under the Indian Constitution of
1950.
- To compare existing criminal
laws with new developments affecting criminal profiling.
RESEARCH QUESTIONS:
1.
What is meant by criminal profiling?
2.
What scientific techniques are
involved in criminal profiling?
3.
How can forensic science be connected
to criminal investigations?
4.
Does the Constitution of India
provide a broader perspective on contemporary criminal profiling?
5.
What is the main objective of
employing scientific techniques under the jurisdiction of Supreme Court
guidelines?
RESEARCH HYPOTHESIS:
The identification of criminals in
the contemporary criminal justice delivery system, with reference to the
fundamental rights of individuals, explores how police officials utilize
scientific mechanisms and forensic science within the framework of criminal
jurisprudence in the process of criminal profiling.
EVALUATION OF CRIMINAL PROFILING IN
INDIA[4]:
Compared to other countries where the
practice has been developed over many decades, India has a recent history of
criminal profiling. With the majority of its development taking place in the
past few decades, criminal profiling has not been developed and is
underutilized in India. A timeline and important information on the history of
criminal profiling in India are provided below:
1.
Early Investigation (Prior to the 1990s):
Traditional Investigation
Techniques: Indian law enforcement has always depended on traditional
investigative techniques including witness testimony, tangible evidence, and
interrogation. In India, criminal profiling as an organized method was
essentially nonexistent. Police Protocols: Indian methods of law enforcement
were impacted by British techniques during the colonial era and even after
independence, emphasizing forensic evidence (such as fingerprints) above behavioral
or psychological investigations.
2. Initial Awareness (1990s - Early 2000s)
Effect of International
Cases: In the 1990s and early 2000s, high-profile cases abroad provided
motivation for India's increasing knowledge of criminal profiling. The media
and crime show that portrayed criminal profiling also had an impact during this
time, which progressively increased interest in the field. Involvement of
Forensic Psychologists: As the discipline of forensic psychology gained
popularity throughout the world, its significance in India was somewhat
recognized. However, it was not frequently applied in practical law enforcement
investigations and was mostly limited to academic circles. Early Uses of
Profiling in Selected Cases: In some cases, particularly high-profile ones
involving serial offenders, profiling was used informally. Police may have
sought advice from psychiatrists or psychologists, but this was not a
systematic or uniform procedure.
3. The Nithari Case and Other High-Profile Crimes (Mid-2000s)
Nithari Serial Killings
(2006): The Nithari serial killings in Noida, when more than a dozen children
were brutally murdered, were among the first popular incidents in India where
criminal profiling came into importance. Authorities were able to understand
the psychological motivations of the criminals, Moninder Singh Pandher and his
domestic helper Surinder Koli, due in part to behavioral analysis. Increased
Media Attention: The public's awareness of criminal profiling was raised by the
media's coverage of the Nithari case and other cases that were similar (such as
the Bangalore serial rapist case). The value of psychological profiling in
understanding serial offenders became apparent to law enforcement.
4.
Official Developments from the 2000s to the Present
The Behavioral Science
Unit (BSU) of the Central Bureau of Investigation (CBI) was created to assist
in the psychological profiling of criminals, particularly in situations
involving organized crime, terrorism, and serial killings. Similar groups in
Western nations, such the FBI's Behavioral Analysis Unit, served as the
blueprint for the BSU. Development of Forensic Psychology: Professionals in
these fields have been sought for their profiling skills, and academic
institutions in India began to offer forensic psychology courses. Forensic
psychology research has been supported by organisations such as the National
Institute of Mental Health and Neurosciences (NIMHANS). State-Level
Initiatives: While there has been little progress, several state police
departments have started using profiling techniques in certain situations.
Generally speaking, profiling is still only used in more complicated and
well-known circumstances.
5. Criminal Profiling in Terrorism and Organized Crime[5]
Terrorist Group Profiling:
Criminal profiling has been used in efforts to combat terrorism in recent
years. For agencies like the CBI and the National Investigation Agency (NIA),
understanding the mentality and actions of terrorists has become crucial. It
has proven possible to forecast the activities of terrorist organizations and
organized crime by using behavioral analysis. Application to Rape and Violent
Crimes: Behavioral profiling can be used in rape and sexual assault cases in
order to identify trends and prospective offenders. The Nirbhaya case, a 2012
Delhi gang rape case, and other similar instances have brought attention to the
necessity for additional psychological examination in criminal investigations.
SIGNIFICANT FEATURES OF CTRIMINAL
PROFILING[6]:
Criminal profiling is a process used
by a investigator in High profile case. The following are the significant
features of criminal profiling.
·
Behavioral Analysis: Understanding the psychological and behavioral patterns of
offenders based on their actions and motivations.
·
Crime Scene
Reconstruction: Analyzing the crime scene to
infer details about the offender’s behavior, methods, and possible motives.
·
Victimology: Studying the victims to understand why they were targeted, which
can provide insights into the offender's profile.
·
Modus Operandi (MO): Identifying the methods and techniques used by the offender, which
can help in predicting future behavior.
·
Signature Behaviors: Recognizing unique behaviors that indicate the offender’s personal
identity or psychological needs.
·
Interdisciplinary
Collaboration: Involving experts from
psychology, criminology, and forensic science to build a comprehensive profile.
·
Use of Statistical Data: Analyzing patterns from previous cases and crime statistics to
identify trends and similarities.
·
Cultural Context: Considering local cultural factors that may influence criminal
behavior and profiling accuracy.
·
Flexibility and
Adaptability: Adjusting profiles as new
evidence emerges or as the investigation evolves.
·
Legal and Ethical
Considerations: Ensuring that profiling
respects legal boundaries and ethical standards throughout the investigative
process.
APPROACH TO
CRIMINAL PROFILING[7]:
The approach to criminal profiling can be understood as the approach
used by the investigator during their investigation. They can able to segregate
the offender in particular category. Through this type they can easily generate
the profile of the criminal offender who committed that particular offence.
Some approaches help to Suspect the nature of the offender.
1. The Typological
approach:
This
type of approach to analysis the characteristic of crime scene in order to
categorize offenders into groups of typical characteristics. The investigator
analysis the crime scene and find the clues and evidence which is related to
suspect the crime. So it is used to draw the criminal profile. It is used to
characterized which type of criminal or offender of that particular person. It
may be related to class, caste, gender, sex, normal or mental disorder person. This is based on the technique developed
by the FBI’s behavioral science unit, which has now evolved into a profiling
and behavioral assessment unit.
This type of approach is basically to link
between crimes and about the place where the crime is committed and also with
the help of identify the victim residence. It involves to gathered the
information from the crime scene to predict the offender location. It helps to
draw the probability map of reference such as offender living place, select
suspect and mainly to find criminal and victim relationship.
3. The Clinical Approach:
This type of approach is used to
examined any kind of mental health disorder that the offender is suffering from
birth. There are many type of Mental health disorders which naturally poisonous
to others. Because of that issue the offender omitting a crime. It was some
time exception under IPC and also in BNS 2023. The mental disorder such as
dementia, schizophrenia, etc. are also poisonous to others. This is mainly
helps to find whether the offender has committed that crime because of that
disorder or is making a false claim of being mentally unfit to escape from the
crime. This approach helps to identify the psyche of the criminal at the time
of the commission of the offence, and the case is approached from a help of
psychological expert’s point of view.
4. Investigative Psychology:
This helps in determining the motives of
offenders to commit that crime. This kind helps to determine whether a crime
was committed by one person or by several. It is used to develop psychological
theories and methods for forecasting the behavioral traits of criminals. To
help detectives find out how the offenders conducted the crime, it also entails
anticipating the strategies and signatures. It helps in understanding out why
criminals committed that particular crime.
5. Serial crime profiling:
This is to identify the pattern and
signature behavior of the criminal in the time of commencing the crime. This
Approach is used to examined the previous crime which is same in this type of
attempt. Other types of approaches are also used according to the crime and the
way investigation.
APPROACHES USED IN US AND UK[9]:
·
TOP – DOWN APPROACH (used in US)
·
BOTTOM- DOWN APPROACH (used in UK)
TOP – DOWN APPROACH:
This was developed by the
Richard Greory in the year of 1970, and also known as American approach in
criminal justice. This technique is commonly used in the US. It is basically
used by the FBI (Federal Bureau of Investigation) in the US. This has been
initiated after a set interviews conducted with the 36 offenders who were
sexually oriented murderers. So, after the interview of these particular
murderers, this technique has been introduced. There are four steps of the
top-down technique:
Stage 1- Data Assimilation, involves assembling
information from a variety of sources, including police/pathology reports,
fingerprints, crime scene photos, and interviews. The information was basically
gathered from the scene of the crime.
STAGE 2-Classification of the
Crime Scene:
In this stage, profilers determine whether the suspect possesses the traits of
an organized or disorganized criminal. Some sort of pattern may be observed in
both organized and unstructured crime.
STAGE 3-Crime reconstruction: This stage is built around
the setup that the criminal created in earlier stages, and the criminal
typically recreates the crime scene for their own satisfaction. This include
figuring out victim behavior, crime sequence, criminal behavior, etc.
STAGE 4-Profile generation: After the completion of each
stage, the investigator creates a profile of the suspected criminal that
includes physical, behavioural, and demographic traits.
BOTTOM- DOWN APPROACH[10]:
This is mostly used in the UK
states, this approach mainly leads in the way psychological theories. In UK the
technique is considered as a more scientific and rational approach because it
is not based on previous assumptions made on offender or behavior of that
offender. The information which is gathered from the crime place and arranged
all the clues and evidence then generate the profile. This is mainly based on
the computer database which is developing now a days. Basically, this technique
has also two aspects:
Interpersonal consistency:
It fundamentally involves the
connection between the victim and the perpetrator. Criminal profilers aim to
discern the relationship between the two, and based on that specific
connection, they determine the potential motives behind a crime.
Special consistency:
It is employed to determine
the geographical location of the crime scene, specifically where the crime took
place. Essentially, this is utilized to ascertain potential crime mapping,
including the areas or locations and times when a different or future crime
might occur. Utilizing this specific technique, investigators aim to uncover
the reasons behind the occurrence of a crime in that specific area, as this
information can be crucial in identifying the perpetrator.
APPLICATION OF CRIMINAL PROFILING IN INDIA[11]:
It is mostly used in
·
Heinous crimes – rape, murder, sexual related assaults and
homicides
·
Unique homicides – torture, mutilation, evisceration, and
ritualistic violence
·
Assassination
·
Child molestation and abduction
·
Fire setting, arson and bombing.
·
Extortion.
·
Habitual offenders
·
Cyber crime
THE PROCESS OF CRIMINAL PROFILING IN INDIA[12]:
It may be divided into 5
stages:
PROFILING INPUTS:
Profiling inputs aim to
comprehend the manner in which a crime is carried out, the reasons behind the
crime, and how this knowledge can be beneficial in utilizing this specific
process. It is essential to collect all obtainable data or information
pertinent to the crime in question. This can be achieved by gathering details
from the crime scene, forensic reports, and other relevant documentation that
helps analyze the crime, including interviews with the community, friends,
family, peer groups, workplace, and prior crime incidents. All available
information must be compiled to create a comprehensive profile input.
Essentially, this serves as an input for the crime to develop the criminal
profile.
DECISION PROCESSING:
It is basically to understand
why that particular crime happened by the criminal. Through this profiler can
able to understand the motive of that criminal. Why he chosen that particular
victim. Where he and the victim is residing. Whether that offender is
professional or amateur? These are the things which can be identified
accordance to the crime. After collecting all the inputs and the profiler to
decide which type of this crime might be located and also determine the
geographical and psychology approach of the crime
CRIME ASSESSMENT:
It is a third stage. This is
the stage where the profiler can prevent the crime. It is basically profiler
try to reconstruct the whole of the crime scene or an action or create an whole
duplicate incident of that particular crime. The profiler tries to reconstruct
the things based on what would be induce the criminal to commissioning the
crime. Is there any mental disorder influencing the criminals? Addition to that
profiler also construct the what would be scenario during the time of
committing the offence and also what could be happened after the commission of
the crime. All the picture was reconstructed and that is also helpful to
understand the psychological behavior of the offender but also a victim.
OFFENDER PROFILE:
At this point, it becomes straightforward
for criminal profilers to create a hypothetical depiction of an offender, which
involves identifying the type of behavior exhibited and the reasons behind the
specific crime committed. The profile developed for this particular offender
includes details such as age, gender, criminal history, residence, employment
status, organizational tendencies, mental health condition, and the specific
pattern of criminal behavior they display. Consequently, a comprehensive
profile of the offender is constructed during this stage.
INVESTIGATIVE US:
It is the last step of
criminal profiling process. Once all the process are done it is handover to
investigating stage because at this stage any criminal profiling is having an
idea of a crime scene. This is the stage where the profiler get the idea about
which type of a suspect offender, behaviour of offender, pattern of the
offender. So, this could be useful in investigation process for any of the law
enforcement agency to narrow down the suspect.
CRIMINAL PROFILING AND LAW IN INDIA[13]
:
Criminal profiling involves
analyzing behavior and crime patterns to predict or identify offenders, and in
the Indian legal context, several laws have historically regulated this
practice. Here's how elements of criminal profiling may transfer from
traditional acts like the Indian Penal Code (IPC), Indian Evidence Act, and
Code of Criminal Procedure (CrPC) to new legislation such as the BNS, BNSS, and
BSA Acts of 2023:
1. Indian Penal Code (IPC):
Relevance
to Criminal Profiling: The IPC defines criminal offenses and outlines
penalties for various crimes. Criminal profiling, while not explicitly
mentioned, aids law enforcement in applying IPC sections to offenders based on
behavioral patterns.
Transfer
to New Laws: In the transition to newer laws like the BNS (possibly related
to national security or biometric identification), specific IPC offenses may be
categorized under emerging threats or crimes. Profiling might be used to
identify offenders whose behavior signals national security threats,
cybercrimes, or organized crime under these new acts.
For example: Section 101 of BNS, 2023 deals with punishment for murder, but
profiling may assist investigators in understanding the psychological motives
of the offender, particularly in serial killings, leading to better
crime-solving approaches
2. Indian Evidence Act
(IEA):
Relevance to Criminal Profiling: The Indian Evidence Act governs the
admissibility of evidence in court. Criminal profiling techniques, such as
behavioral analysis, forensic evidence, and psychological assessments, can be
considered circumstantial evidence under this act.
Transfer to New Laws: With the implementation of new amended
acts like the BNSS (perhaps related to surveillance and security), evidence
rules may adapt to include advanced profiling techniques like biometrics,
AI-driven behavioral analysis, and predictive algorithms. The legal framework
may evolve to accommodate these technologies while protecting civil liberties
and ensuring that evidence is admissible and reliable. Sections
related to admissibility of forensic evidence in the BSA, 2023 make it easier
for profiling-based evidence, such as psychological assessments or behavioral
studies, to be used during trials.
3. Code of Criminal Procedure (CrPC):
Relevance to Criminal Profiling:
The CrPC outlines the
procedural aspects of criminal law, such as arrest, investigation, and trial.
Criminal profiling helps law enforcement in identifying suspects, obtaining
warrants, and conducting interrogations in alignment with the CrPC.
Transfer to New Laws:
BSA Act (possibly relating to
biometric data and surveillance), criminal procedures might incorporate
advanced profiling based on biometric and behavioral data. The act might
establish protocols for using profiling tools like facial recognition, DNA
analysis, and psychological evaluations during criminal investigations.
For example Section 154 (new
procedure for FIRs) introduces a mechanism for law enforcement to assess the
credibility of information, allowing the use of profiling to screen for
suspects in serious offenses.
4. New Acts (BNS, BNSS, BSA ACT 2023)[14]:
BNS (Biometric/National Security-related): This act may focus on
national security threats, data collection, and identity verification using
biometric data. Criminal profiling will likely rely on technology such as
biometric markers, digital footprints, and data analytics to assess risks and
identify criminals.
BNSS (Surveillance and Security-related): Profiling under this act
may involve surveillance technologies, AI-based crime prediction models, and
advanced forensic techniques, drawing on the procedural foundation laid out by
the CrPC and the evidentiary guidelines from the IEA.
BSA (Biometric Security Act): This act may specifically deal with the use of
biometric data in security and criminal justice. Criminal profiling would
involve collecting and analyzing fingerprints, DNA, facial recognition data,
and other biometric markers to identify and profile offenders.
Case study:
Here are a few recent and notable cases in India that have involved
aspects of criminal profiling, investigative psychology, or behavioral
analysis:
Nirbhaya Case (2012)[15]:
· Significance: The brutal gang rape and murder of
a young woman in Delhi prompted extensive media coverage and public outcry. The
case involved profiling the suspects based on their behaviors and backgrounds,
leading to swift investigations and eventual convictions.
· Impact: This case highlighted the need for
better criminal profiling techniques and sparked discussions about women's
safety and legal reforms.
How criminal profiling used in this
case:
- Evidence Gathering: Investigators meticulously analyzed the crime
scene to gather physical evidence, such as DNA samples, fingerprints, and
other forensic details. This analysis helped establish the sequence of
events.
- Behavioral Indicators: The nature of the assault-its brutality and the
circumstances-provided insights into the psychological state and
motivations of the offenders.
- Patterns of Behavior: Profilers studied the methods used by the
attackers, including how they lured the victim and the means of assault.
This MO suggested a degree of premeditation and a willingness to use
extreme violence.
- Group Dynamics: The involvement of multiple assailants indicated a
group mentality that may have influenced their actions. Profilers examined
the dynamics between the group members to understand how they operated
together.
- Understanding the Victim: Investigators analyzed the
victim's background, lifestyle, and the circumstances leading up to the
incident. This helped in understanding why she was targeted and the nature
of the attack.
- Identifying Patterns: The profiling process included examining other
similar incidents in the area to determine if this case was part of a
larger pattern of crime.
- Psychological Profiling of the Offenders[16]:
Behavioral Traits: Investigators developed profiles of
the attackers based on their behavior during the crime. This included analyzing
their level of aggression, their ability to work in a group, and their possible
motivations (e.g., power, control, sexual gratification).
Demographic Analysis: Profilers examined the backgrounds
of the accused, including age, socioeconomic status, and criminal history, to
understand their psychological profiles.
·
Utilization of Forensic Evidence
DNA and Forensic Analysis: The collection and analysis of DNA
evidence played a pivotal role in linking the suspects to the crime. Profiling
techniques helped investigators prioritize suspects based on behavioral
patterns and evidence collected from the scene.
Linking Past Crimes: Investigators explored if the
attackers had been involved in other crimes, using profiling to connect similar
behaviors and establish a pattern.
·
Legal and Societal Impact
Reforms in Legal Framework: The case prompted significant
discussions about women's safety and the need for better investigative
techniques, including criminal profiling, in handling sexual crimes.
- ASIFA BANO CASE (2018)[17]:
Significance: The rape and murder of an
eight-year-old girl in Jammu and Kashmir raised significant national outrage.
Investigative profiling was essential in understanding the motives behind the
crime and the socio-political context.
Understanding Motive and Targeting
Criminal profiling helps in determining why a
particular victim was targeted. In the Asifa Bano case, it became evident that
she was chosen because she belonged to the Bakarwal Muslim nomadic
community, and the motive behind the crime was not just sexual assault
but also ethnic cleansing. The intention was to create fear
within the community and drive them out of the area. Profilers could use this
understanding of targeted violence against marginalized groups
to suggest that the crime was premeditated and had deeper, communal motivations
rather than just individual perversion.
Behavioral Analysis of the Perpetrators
The nature of the crime revealed a cold and calculated
planning. Asifa was kidnapped, sedated, held captive, raped, and then
murdered. The deliberate and organized nature of the crime
indicates that the perpetrators were likely familiar with the local area and
had specific goals in mind. Criminal profilers would have
looked at the behavioral patterns of the suspects, including
their actions during and after the crime, to piece together their psychological
profiles. In this case, it was found that one of the main accused was a retired
government official, and several others involved were also from the same
village. Profiling would help investigators assess that the crime involved multiple
participants who were possibly coerced or motivated by communal and
political factors.
Forensic and Psychological Analysis
As the crime scene was located in a temple, and Asifa was kept there
for days, profilers would look at the symbolic significance of
the location, suggesting a level of ritualistic or communal aspect to the
crime. The brutality of the attack and the steps taken to conceal it also point
to a lack of remorse, typical of offenders motivated by hatred
or extreme ideologies
CHALLENGES
FACED BY INDIA TO ADOPTED CRIMINAL PROFILING:
·
Lack of Awareness and
Training
·
Overburdened Police Force
·
Cultural and Societal Diversity
·
Inconsistent Forensic
Infrastructure
·
Bias and Misuse Risks
·
Public Perception and Trust
CONCLUSION:
Criminal profiling is a relatively new field in India, but it is
gaining traction as a valuable tool for law enforcement. Profiling can help investigators understand
the motivations and behavioral patterns of criminals. This understanding can be crucial in
narrowing down suspect lists and predicting future actions. However, it is essential to use profiling
ethically and responsibly, avoiding biases that could lead to inaccurate
conclusions. With careful implementation, criminal profiling has the potential
to significantly improve crime solving rates in India. Criminal profiling is
now expanded through new criminal amended laws. It is developing in India.
Criminal profiling aims to prevent the crime, speedy trial and suspect the
correct offender. It is important tool to transforming the criminal justice.
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1.
Prof.Dr Priya Sepaha, Criminal
profiling of pshycopaths, 3,2022
2.
Kaustubh Phalke,
Criminal profiling and how it is used, blog.ipleader, (Oct,17,2024,10 AM), https://blog.ipleaders.in/all-about-criminal-profiling
3.
Criminal profiling
understanding the Criminal Minds, legaserivce of india, (Oct 17,2024, 11AM), https://www.legalserviceindia.com/legal/article-12673-criminal-profiling-understanding-the-criminal-minds.html
5.
Behavioral profiling and
penology of crime , ijlmh, (Oct 18, 2024, 10 AM), https://www.ijlmh.com/wp-content/uploads/2019/03/Behavioral-Profiling-and-Penology-of-Crimes-in-India-A-Case-Study.pdf
6.
Adya aditi Samal, minds in the
Shadow – forensic profiling , 36, 2021 [1]From
crime scene to Convicyion- Criminal profiling in india, Jyothi Judiciary,
(Oct,17,2024,10 AM),
[1] Kaustubh Phalke, Criminal
profiling and how it is used, blog.ipleader.
[2] Ibid.
[3]Criminal profiling in India,
Studylib.
[4] From crime scene to Conviction-
Criminal profiling in India, Jyothi Judiciary, (Oct,17,2024,10 AM).
[5] Ibid.
[6] Behavioral profiling and
penology of crime, ijlmh, (Oct 18, 2024, 10 AM),
[7] Kaustubh Phalke, Criminal
profiling and how it is used, blog.ipleader , (Oct,17,2024,10 AM)
[8] Criminal profiling understanding
the Criminal Minds, legaserivce of india, (Oct 17,2024, 11AM),
https://www.legalserviceindia.com/legal/article-12673-criminal-profiling-understanding-the-criminal-minds.html
[9] Prof.Dr Priya Sepaha, Criminal
profiling of pshycopaths, 3,2022
[10] Ibid.
[11] Criminal profiling understanding
the Criminal Minds, legaserivce of india, (Oct 17,2024, 11AM),
[12] Criminal profiling understanding
the Criminal Minds, legaserivce of india, (Oct 17,2024, 11AM),
[13] Kaustubh Phalke, Criminal
profiling and how it is used, blog.ipleader, (Oct.17.2024,10 AM)
[14] [14]
Prof.Dr Priya Sepaha, Criminal profiling of pshycopaths, 3,2022
[15] Mukesh & Anr. v. State (NCT
of Delhi), (2017) 6 SCC 1.
[16] Adya aditi Samal, minds in the
Shadow – forensic profiling , 36, 2021
[17] FIR No. 10/2018, Police Station
Hiranagar, Jammu and Kashmir (No specific Supreme Court case citation, as it
primarily involved state proceedings, but it garnered significant media
coverage).