The past one and a half decade saw an alarming rate of increase in crime, the proportions and implications of which are simply mind boggling. Rise in population, frantic developments, stress and tension on fronts such as economic, social, industrial, political and so on, have been the main causes. Apart from the usual cloak and dagger stuff at the lower levels, crime has now authenticated more sophisticated methodology. Computerized crimes, bank forgery, embezzlements, industrial crime, white collar crime, murders/mafias, thefts, burglaries, sexual assault/exploitations, extortions, sabotage, etc. has now glamour itself in these years. And the global view of crime is manifesting itself at every level, combining intellectualism with intelligence.

We can consider this problem from another very relevant angle. Man is on the whole a cruel and selfish creature and will stick at practically nothing where his own comfort, happiness or animal desires are concerned. This tendency towards self aggrandizement has been manifested by him right from the beginning of our history which is full of quarrels, bloodshed, wars, looting, persecution, etc. In these circumstances, his inherent but basic characteristics such as selfishness, greed, envy, lust, bellicosity and the like will become more and more assertive and one consequence that could be logically expected will be more and more crime whether against person or property or administrations. Specifically, the records also show high incidence of crimes against Women in India (rape, dowry, female infanticide and sex selective abortions and domestic violence).

This occurs despite the fact that women in India are legally protected from the domestic abuse under the protection of women from domestic violence act 2005. Domestic violence act is an act enacted to protect women with the definition being broad and including forms of physical, emotional, verbal, sexual and economic abuse. The act seeks to cover those women who are or have been in relationship with the abuser where parties are related by consanguinity, marriage or relationship in the nature of marriage, or adoption in addition with family members living together as a joint family. It is a civil law meant primarily for protection orders.

At the parallel side we look upon an organized crime where illegal drug trade, arms trafficking, cyber crimes or other petty crime connects these with corruption and money laundering. It also aggravates the political instability and destroys the economic structure of the family and society. The IT act 2000 is primarily meant to be a legislation to promote e-commerce. It is not very effective in dealing with several emerging cyber crimes like cyber harassment, defamation, stalking and so on.

On the whole to fight against the crime the system plays a vital role to control the crime rate in India. Is the system working? Is the crime as reported to the police or other law enforcement agencies dropping year by year or is it at least stationary despite the population explosion? Is there a greater sense of security among people than before? Are punishments as prescribed by law and as inflicted by court, adequate and effective in controlling crime and criminals? Is the judiciary prompt and effective in trying cases with speed and awarding deterrent punishments?

What is now really required is a fresh look at the law of evidence and established rules of criminal and civil procedure. A just view must also be taken of the punishments which courts inflict and their impact on crime. There are however grounds to presume that crime must be rising and not falling. The conclusion is therefore inescapable that the existing system of law enforcement not only requires to be adequate but more advanced & equipped in every sense to cope with the problems created by the surging tide of crime almost everywhere. The time has obviously come to think of some radical changes in our conceptions of crime and law enforcements.

Harpal Singh Bansal Director Genius Vanguard Private Ltd JAIPUR