Crime Reporting

This article has been written for young journalists who are being initiated into the profession and who have opted for very challenging beat—Crime Reporting. Written by N K Singh, Consulting Editor, Sadhna News and General Secretary, Broadcast Editors’ Association (BEA)

:: Crime coverage :: “The criminal law represents the pathology of civilization”, Morris Cohen, Russian -born American philosopher : Professionally speaking, it is one of the best beats in which your contribution to the cause of journalism is unparallel. And perhaps among all kinds of human events, it has the widest length and breadth.

Cohen has rightly said the criminal law represents pathology of civilization. You can judge a given society if you know its criminal laws. As society grows the definition and scope of crime too expands. Crime against person and property, crime against state or society, state-sponsored crime, economic crime, transit-system crime, cyber crime, conflict-related crime like communal, sectarian or group clashes, terrorism, ethnic crime, ethno-religious crime and ideology-driven crime and finally nation-to-nation crime (Persecution of Iraqi civilians by the US army) are just a few of the variants of crime. Each of these has to be covered in a different manner, through a different prism and with a different perception.

I will confine this write-up to non-conflict crimes so as to remain condensed and focused. I will take conflict coverage on another occasion because with the growing sense of human rights violation, the very conduct of warring armies has fallen within the scope of media scrutiny transcending the traditional fervor of nationalism. Today atrocities by Indian security forces in North-east and in Kashmir or by American forces in Iraq is as much in question as the terror let loose by the secessionist groups or by terror messengers. Media commitment to human rights has today gained precedence over the old perception guided by axiom that even erring army of a nation should be supported by nationalistic fervor of the media.

Unlike coverage of other events, in crime coverage the media has no option but to apportion the blame on an individual or a group or the state. While doing so, the reporting team or the desk should be extra-careful and should possess the elementary knowledge of law. You are aware of the fact that today crime reports in various formats catch maximum viewer-ship. All channels and newspapers have attached special attention to crime reporting.

As such we have also marched into this domain but are we fully aware of the inherent danger that such reporting carries?

We know the basic doctrine of journalism that a news story should be unbiased. We, therefore, are required to take the version of both sides. But is it possible to take the version/ byte of a notorious gang who is claimed by the police to have committed dacoity or of a murder accused like Sahabuddin who is absconding from the eyes of law? Should we withhold the story for want of the byte of the other side? And If we have given the version of the police only and tomorrow the police withdraws that accusation like it does in many cases, are we not liable to be sued by the first accused? We cannot run away by simply saying “it was police version”. Unlike civil liabilities criminal liabilities are individual and not vicarious. If we commit a wrong, we cannot say it was the police which misguided us.

Take Godhara case. All media organizations said “The coach no S-6, carring Karsewaks (Ram Bhaktas) was set on fire from outside indirectly meaning that people of another community did that. One body of investigators endorses this view but another body set up by Raliway Minister totally rejects it a few months later. How can we report truth within a few minutes or a few hours when even these bodies after months of investigations arrived at diagonally opposite conclusions? Even the judgments of high courts (deemed upholders of truth) are reversed by the apex courts. Nay, even the judgments of the Supreme Court by two benches differ.

Expecting us to give the unimpeachable facts within minutes is absurd but the only guiding principle in such situation should be accumulation of maximum incontrovertible facts on one hand and a conscious effort that any fact or averment howsoever true or serious that may look should be disseminated with utmost care and precaution if it carries the danger of causing flare-up, on the other.

In the print we used to adopt a practice not to identify community in a communal strife. But with the advent of visual media if we show a dhoti-kurta clad or a choti –sporting person holding sword in his hand or a structure with minarets being defiled, the small five second footage will speak volumes without our uttering a single word.

Since it is ever-evolving human activity in such a situation and we have to report the same, there cannot be a set of rules on how to report. It is the knowledge of the reporter about law, and his and his organisation’s commitment to greater cause of peace (as we have been seeing in our organization) that determines what to report and what not to report.

Criminal jurisprudence

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Example: There is a difference between filing a petition and its being taken up by the court. Never give story merely on the basis of petition, unless it is admitted (for hearing) by the court.

The Indian Penal Code (IPC) and Code of Criminal Procedure (Cr. PC) are the product of a persecutory and all-powerful late 19th century British regime. That is the reason why it has taken a narrow view of crime and has not given same place to state-sponsored crimes which exist today in various forms. When it comes to apportioning the culpability to the state apparatus there are many protections to the state actors. Besides in the statute books the word crime has been treated as offence.

CR.PC defines offence as “any act or omission made punishable by any law for the time being in force…..”

According to Indian Penal Code (IPC) it is “a thing made punishable by this code”

However as free media, which is a product of freedom of expression in a democratic polity, we have to be equally watchful of the crime by the state agencies.

Not to say that covering crime or airing a crime situation needs highest level of knowledge of various facets.

A few facts about tools to cover crime. A reporter or desk man giving crime story should have the knowledge about what to cover/air. I will deliberate on finer but major difference between two crime situations.

1. An ordinary crime incident like dacoity in a village is different from a loot of a police rifle. The latter case shows a collapse of state authority and even the Government takes such incident with utmost seriousness.

2. A murder or two or four in a property dispute or out of heat of the moment does not carry the same news value as a murder with a prohibited bore weapon or with an indication that it could be a handiwork of terrorists in an otherwise peaceful area because it would mean that terrorists or mighty people from outlawry are spreading the tentacles in contiguous but hitherto peaceful region as well. Naturally, police will try to claim that it is a simple crime but if you know a little about forensic science, ballistic aspects and assault pattern of terrorists of the neighboring region you can go for exploring all such aspects. By simply seeing the wound you can make out what distance the shot has been fired from and by what kind of weapon. By seeing Post mortem and other reports you can make out whether it was an accident or a pre-meditated murder. By seeing the wound again you can make out whether the weapon used was a gun, a rifle or a revolver/pistol. You can also ascertain the approximate distance from which shot was fired after seeing the color of the skin right around the wound –if it is black the distance is very close, if it is yellowish brown the distance is a little more etc.

3. Likewise, if Post mortem (PM) report shows finger prints or bruises on neck coupled with asphyxia as cause of death, it should not be brushed aside as suicide although police may try to conceal the magnitude by terming it suicide.

4. In an explosion site if you find some wires it could be Improvised Explosive Device (IED) normally used by terrorist outfits and should not be treated as ordinary incident of outlawry. Attach utmost importance to this fact. Radical Left

   Outfits use landmines. In explosives Ammonium Picrate/Nitrate, Minol 2, Cyclotol combined with RDX and TNT or DNT are used. RDX is highly unstable and hence is normally used with another one or two stable explosives.

Intelligence Set-up

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Reporting crime without knowing administrative set-up is a farce. You must understand administrative hierarchy and intelligence system to gain professionally. In India there is broadly three-tier intelligence system –Intelligence Bureau (Central agency with its subsidiary units –SIBs– spread across the country), Intelligence department of the states and Local Intelligence Unit (LIU) in the districts that works under the District Collector/ Officer but which is normally controlled by the state intelligence department. In major cities we have IB officer of the rank of DCIO / or Assistant /Dy  Director while in small districts we have ACIOs. In most of the state capitals we have Joint Director. At the national level we have DIB as the head of this ace intelligence unit. He is treated as the seniormost police officer in the country with a permission to affix four stars above the registration plate of his official car. Since Nehru’s period there has been a controversy whether he should first give his major intelligence input to the Prime Minister or to his immediate boos, the Union Home Minister. Mullick used to report to Nehru which irked Patel no ends. During Vajpayee’s regime the then DIB was briefing the PMO first and the then Home Minister later. Under the protocol the DIB should contact the HM every day at 6 p.m. either in person or through phone. If the HM is out of station a brief note on day’s major intelligence inputs is faxed to him.

The Intelligence people need you as much as you need them. Try to make friends with them. Since they are working in larger interest of the country exchanging information with them is not wrong on a quid pro quo basis. State Intelligence/LIU is not as much alert but sometimes their inputs too are vital. But IB officials are very professional and a junior reporter can learn a lot by interacting with them. For foreign intelligence we have RAW whereas IB is devoted to domestic intelligence. Again there are intelligence outfits known as MI with a DG-MI of the rank of Lt-Gen heading it and BSF intelligence unit headed by an IG.

Never mistake an intelligence agency for an investigating or prosecuting agency. Thus IB does not prosecute a person. I see this mistake being committed very often in Indian crime reporting.

Criminal laws

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All over the world despite new approaches about criminal jurisprudence the doctrine of mens rea still holds. While airing crime news we should check whether there is any mens rea (criminal intent) or not. Nobody commits a crime without a criminal motive unless he is a mentally derailed person. Praveen Mahajan’s lawyer is seeking relief on the same grounds saying Praveen was not normal. Even till date investigating agencies are at a loss regarding convincing mens rea in Mahajan’s murder. Actus non facit reum nisi mens rea (the act does not make a man guilty unless his mind be guilty) is the basic prism through which all courts decide criminal cases.

Today the rate of conviction in India with regard to serious offences is abysmally low at nearly 22 per cent. Rest 78 per cent are acquitted for want of evidence or mens rea or weak prosecution theory. The reason is that investigating agencies for various reasons do not make out a strong prosecution theory against the accused. We should be extra eager to report the lacunae.

In every set-up ––be it at national level, state level or district level there are people who can give you information provided they have confidence in you. This confidence comes when you conduct yourself well as a very knowledgeable person. Get closer to administrative officers professionally and use their personal proclivities to your professional advantage.

You should also be aware of which officer has what role. I have seen aired reports in which a person with three white stars on shoulder (Dy SP) has been reported as DIG. Police officers holding district charge and above invariably sport Ashok emblem as they are deemed to be in all India service. The vehicle of a DG or an Additional DG has three stars above his registration plate while a DIG has only one. Just by seeing a police vehicle from a distance you can make out the rank of the officer. This instantly enables you to be quick in taking the bytes.

Transit system crime and new crimes

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The world has become too small following easy availability of fast transport and faster Communication system. The police is not equipped with gadgets and nor is it psychologically prepared to take on the new breeds of criminals. They commit dacoity in train in Pune and take another train or flight back to Bihar. Since local police has no records of such criminals, most cases of transit system crime go either unnoticed or end up in acquittal. The influence of Dubai don on Indian crime is a case in point. It has a mix of terror, modern gadgets and weak laws. Bomb planting in trains is the new strategy adopted by terror messengers.

As a reporter we should not lag behind in respect of new aspects of crime. Cyber crime still needs strong laws and subject-awareness by the law enforcing agencies. A reporter should also know the nature of such crime and should report the same with precision.

On conflict reporting that comprises communal situations, sectarian violence, group clashes, industrial strife, terrorist-state engagements, ideology-based conflicts like  Naxalite attacks, anti-national, ethnic low-intensity wars or acts of treason committed out of transnational loyalties, involvement of forces of two warring nations in arresting human rights are vital issue involving higher level of understanding and will be taken up in next part.

N K Singh

Consulting Editor

Sadhna News

&

General Secretary

Broadcast Editors’ Association

New Delhi