Critical Analysis of Laws- Regulating Criminal Investigation in Pakistan
DOI:
https://doi.org/10.5281/zenodo.10865409Keywords:
Investigation, Civilization, Sumerians, Mesopotamia, Abeel, Anti-Rape Act, Cognizable, Daily Diary, Zimni, Challan,Abstract
A crime is a fatal factor of the society. It can only be controlled when criminals are countered and it is possible when they are properly investigated and brought to justice. For the purpose, every state has its own regulatory framework. Pakistan, being a sovereign state, has her own regulatory framework of investigation laws- consisting of procedural laws like Code of the Criminal Procedure 1898, rules like Police Rules 1934 and some directive orders/principles like Police Order 2002 and FIA Act etc. This article will explain all the steps of criminal investigation in Pakistan including common law and laws mentioned above. This article will also highlight some controversial points of legal system in Pakistan like cross FIR etc.
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References
Maureen Johnson, Truly Devious # 1. It is a famous and renowned book of quotations.
Oxford Advanced Learners Dictionary- last accessed on 13th July 2021.
Ibid …
Shah Zahir Shah. A Research Work on Investigation of Crimes (Basics, Causes of Failure and Their Solution). Research Thesis for LLM, p-33
Law Dictionary (Black’s)
Applied science is a discipline that is used to apply existing scientific knowledge to develop more practical applications. https://www.internationalstudent.com>.... Last accessed on 20th April.
Charles E. O’Hara and Gregory L. O’Hara, Fundamentals of Criminal Investigation (Sixth Edition), 1994; ISBN 0-398-05889-X. Available at Wikipedia, the Free Encyclopedia, Last accessed on 12th July 2021.
Section 4 of the Criminal Procedure Code (CrPC) 1898. It is a criminal procedural law for the time being in force in Pakistan.
Sumerians were the inhibitants of Southern Mesopotamia (now a days the central Iraq) during one of the early and first civilizations in the world- called Sumer during 4500-1900 BC. Black, Jeremy A and George A R (2000). A Concise Dictionary of Akkadian p. 384 ISBN 978-3-447-04264-2. Available at Wikipedia- last accessed on 20th February 2022.
Criminal Procedure Code (CrPC) V. 1898 is a criminal procedural law for the time being in force in Pakistan.
Police Ruless 1934 is a set of rules and procedures (consisting of 28 chapters) to deal with the police practical work and the matters of organization along with procedures to be adopted during the course of investigation and prosecution. It describes almost all the procedural and practical principles which run the organization of police in Pakistan.
Chapter # 25 of Police Ruless 1934 covers the whole procedure of investigation from 1st step to last step i.e. from the rigestration of the FIR to the submission of challan.
FIA stands for Federal Investigation Agency which deals, registers and investigates the cases against the employees of the federal government just like Anti Corruption Department does in Provinces against the provincial employees/servants. It also deals against the general public in some other crimes like cyber crimes, money laundering crimes etc.
Special Sexual Offences Investigation Units (SSOIU) shall be established in every district by the provincial governments and in Islamabad to hold investigation of the scheduled offences under Anti-Rape (Investigation and Trial) Act, 2021.
CTD stands for Counter Terrorism Department which deals with the terrorism cases in Pakistan.
CIA stands for Central Intelligence Agency which is a secret and raiding unit within district police in Pakistan.
Crime Branch is a specialist unit of police for investigation in Pakistan where high profile cases are investigated.
FIR stands for first information report which is a criminal case and registered in cognizable cases and let the police commence the investigation in the alleged commission of an offence.
SHO stands for station house officer who is the in-charge of a police station in Pakistan.
Under Section 154 Criminal Procedure Code, 1898.
Cognizable offence is the offence for which, police can arrest an offender without any order from any court or person. These offences have been tabled in schedule II of Code of Criminal Procedure 1898.
PCrLJ 348
Register # 01 is a book of FIRs- containing a separate number on each leaf, kept in a police station to maintain the record of complaints- made and informed for the first time when a cognizable offence is committed. This book is kept in a police station and is valid for 60 years.
MLD 1181
Station diary- also called roznamcha in local language in Pakistan.
Form of FIR has been figured in Police Rules 1934 bearing figure # 25-54. In this form, there are six columns- each one is filled with different information and then signed by incharge of police station, containing name of informant, date and time of both the commission of offence and reporting of occurrence, name(s) of accused if nominated and the details how that occurrence took place etc.
YLR 2294 (DB)
PCrLJ 348
MLD 28
PCrLJ 459 (DB)
MLD 1181
NLR 1997 Cr. 655(DB)
Pakistan Penal Code is a subjective/penal law that defines the offences and describes their punishments.
Schedule II of Criminal Procedure Code tabulates the cognizable, compoundable, and bailable position and trial authority of the offences given in PPC.
Register No 1… see supra notes.
PLD 2002 Karachi 402
Section 156 CrPC empowers a police officer to investigate a cognizable offence when registered u/s 154 CrPC.
Section 161 CrPC makes bound an investigating officer to record the statements of witnesses- aquained with circumstances of the commision of an offence.
Section 162 CrPC forbids an investigator to get signed the information/statement given after the registration of FIR by the witnesses or informants not the first one.
PCrLJ 1432
PCRLJ 1486
Section 154 CrPC
Section 161 CrPC gives powers to police officer so conducting investigation, to summon/call upon a person- acquainted with circumstances of commission of an offence for recording statements as witnesses.
Section 162 CrPC … see supra notes.
PLD 2002 Lahore 110 (DB)
PCrLJ 348
PCrLJ 1883 (DB)
PCrLJ 434 (DB)
PCrLJ 1773
PLD 1879 Karachi 402
PLJ 1977 Karachi 136 (DB)
MLD 662
PLD 2018 SC 595
MLD 1490
PCRLJ 247 (DB)
PLD 2018 SC 595 Sughra Bibi case- reported and commented on https://sahsol.lums.edu.pk Last accessed on 21st March 2022.
PCrLJ 1056
PLJ 1999 Lahore 285
PCrLJ 896
NLR 2000 Cr.1 (DB)
Section 155 (1) CrPC
Section 155 (2) CrPC
Ibid …
Section 196-B CrPC empowers a magistrate to give approval of investigation in cases wherein sanction is required u/s 196 and 196-A CrPC.
Section 202 CrPC also empowers a magistrate to give approval of investigation or enquiry in certain conditions explained in its contents.
-11 (1) Police Rules 1934
-11 (2) Police Rules 1934
-12 Police Rules 1934
Section 155 (3) CrPC
PCrLJ 227
SCMR 1945
PCrLJ 742 (DB)
MLD 655 (DB)
Section 156 (1) CrPC
Section 156 (2) CrPC
Ibid ……
-1 Police Rules 1934
Station investigation officer (SIO) is an incharge of investigation at police station level. This was promulgated after establishment of Police Order 2002.
-1 Police Rules 1934
Investigation wing was finished under Balochistan Police Act 2011 where as investigation is also under the supervision of incharge of a police station but still separate wing is practiced in Capital City Quetta of the province which is against the norms of Balochistan Police Act 2011. This Act restored the provisions of Police Act 1861 in the province while demerging Balochistan levies from police, which was merged in police earlier. Balochistan Levies Force is also a law enforcement agency (LEA) which enforces laws in ‘B’ area of the province just like police in ‘A’ area. Balochistan province has been divided into ‘A ‘and ‘B' areas i.e. “A” area is urban, under the municipality or corporation and is in the jurisdiction of police while ‘B' area is rural which is directly in jurisdiction of levies under the command of district civil administration like deputy commissioners (DCs), assistant commissioners (ACs) and Tehsildars.
Police Order 1934 … See supra notes.
Section 168 CrPC
MLD 246
PCrLJ 654
MLD 493
PLD 1995 Karachi 16 (DB)
PLD 2001 Quetta 10
PCrLJ 1585
SCMR 1934
PLJ 2000 Lahore 1448
PCrLJ 045
MLD 1555
PCrLJ 56.
Approximately 115 sections of PPC and a number of offences under local and special laws are included in Schedule of FIA Act 1974.
MLD 1285.
Section 196 CrPC defines that sanction is required from the provincial or federal government for registration of FIR for the offenses against the state and some other offences of serious nature against the religion or religious activities with certain conditions.
Ibid…
Common law means judge made law.
PLD 2005 SC 19
AIR 1945 PC 19.
In judgments of criminal miscellaneous quashment constitutional petitions # 177/2021 in case FIR # 11/2021 of Police Station City Chaman u/s 124-A on 26th April 2021 and 61/2019 in case FIR # 10/2019 of Police Station City Chaman u/s 153-A on 18th March 2019.
Empowered under section 154 CrPC
Authorized and empowered under section 156 CrPC
Section 157 CrPC explains the procedure to be followed by police when first information is ambigous and suspected or is not prima facie.
(1) a Cr.P.C 1898
(1) b Cr.P.C1898
PCrLJ 53
-9 (1) Police Rules 1934
-9 (2) Police Rules 1934
-8 (3)(4) Police Rules 1934
Sub-section 2 section 157 CrPC permits a police power that if any suspected commission of offence has not been committed (believed by the said officer), he (the said officer) may not take any action and shall also notify this fact to the informant for not taking action.
-9 & 10 Police Rules 1934
-10 Police Rules 1934
Section 157(2) CrPC 1898
Ibid …
Ibid …
Section 158 Cr.P.C. 1989
Section 551 Cr.P.C. 1898
PCrLJ 961
Section 159 CrPC
Weir 119
Section 160 CrPC
Section 172 CrPC
Section 173 CrPC
Specific pattern has been given in form # 25-2 (1) in chapter # 25 Police Rules 1934. Form 25-2 (1) is a written order/summon to call a relevant person or a witness for recording statement u/s 161 CrPC.
-2 (1) Police Rules 1934
Ibid …
Section 174 PPC explains the punishment for the person who so bound does not attent the place after summon or notice before the authorized person for legal proceeding or action.
PPC define the period of punishment, given to a person who is legally bound to assist a public servant so authorised after noticing and summoning.
PCrLJ 1549
Section .161 Cr PC
-18 Police Rules 1934
Section .161 Cr PC
Ibid …
PLD 1979 Lahore 907
NLR 1987 Cr. 142
PCrLJ 705
PCrLJ 1124
AIR 1932 Mad 391 (FB)
Section 162 CrPC
Ibid …
AIR 1960 Allahabad 1 (FB)
PLD 1966 Lahore 368
Section 154 CrPC … see supra notes
PLJ 1999 Cr.C 998
PCrLJ 473
Dying declaration is statement of a person who dies before his appearance and recording his statement in a court of law.
PCrLJ 1482( DB)
Section 163 CrPC
Section 364 CrPC provides the mode of recording confessional statements. Para # 27, 28 and 29 of Chapter 25 of Police Ruless 1934 also cover the complete procedure of recording the statements under sectin 164 CrPC.
Section 164 CrPC
AIR 1944 Nag 105 (FB)
PCrLJ 2044
Section 164 CrPC
MLD 1147
Section 165 CrPC
Ibid …
PLD 1999 Lahore 297
Section 165 CrPC
NLR 1994 SD 96
Section 103 CrPC provides modes and conditions of search of a place.
PLJ 1995 FSC 54
AIR 1943 Lahore 28(DB )
Section 166 CrPC
Froms bearing numbers 25-23 (1) a, b and c are parts of Police Ruless 1934 to be filled up while notice is issued (a), summon is given (b) and search list is prepared (c) respectively.
-23 Police Rules 1934
Section 166 CrPC
Ibid …
-5 Police Rules 1934
-8 (3) Police Rules 1934
Superintendent is usually the head of a district i.e. district police officer (DPO) in Pakistan.
-8 (2) Police Rules 1934
-7 Police Rules 1934
-3 Police Rules 1934
-4 (1) Police Rules 1934
-7 Police Rules 1934, See supra notes.
-4 (2) Police Rules 1934
Section 61 CrPC explains the period for which an arrested person can be detained in the absence of an order of a magistrate.
Section 167 CrPC
PCrLJ 369
-2 (2) Police Rules 1934
AIR 1955 AIR 138 (DB)
PLJ 1997 Quetta 137
Article 9 of the Constitution of Islamic Republic of Pakistan secures a person’s liberty saved in accordance with law.
Article 10 of the Constitution of Islamic Republic of Pakistan gives safeguards to the people againt illegal and irregular arrest and detention.
PLJ 2000 Lahore 1581
PLD 1960 Peshawar 74
YRL 1728 and PLD 1972 Quetta 76
Section 167 CrPC Sub-section 2
Section 167 CrPC Sub-section 3
PLD 1997 Karachi 494
PLD 1982 Quetta 103
Section 169 CrPC empowers a police officer making investigation to release an accused under investigation when he believes reasonable ground that there is no efficiant evidance.
AIR 1937 Sindh 251
Section 169 CrPC See supra notes
Section 170 CrPC is the vice-versa of section 169 CrPC wherein police officer is supposed to send the case to the magistrate in case of efficient evidence i.e. prima facie case.
PCrLJ 33
Section 168 CrPC … See supra notes.
PCrLJ 549
MLD 1096
PLJ 1998 Lahore 1683
PLD 1996 Karachi
MLD 860
MLD 1135
MLD 1122
Section 173 CrPC ….. see supra notes.
NLR 2002 Cr. 415
NLR 1987 CRLJ 548 (2)
Section 170 CrPC
Figure/Form # 25-56 (1) and 25-57 (2) Police Ruless 1934
Section 173 CrPC… See also supra notes.
Section 173 CrPC sub-section 1 (b)
Section 173 CrPC sub-section 4
Section 173 CrPC sub-section 5
Section 171 CrPC
PLJ 1977 Peshawar 65 (DB)
PLJ 1995 Lahore 479
PLJ 1999 Lahore 285
Pakistan Penal Code… See supra notes.
Section 202 CrPC explains the process of submission of reports which are made after the court orders on a complaint especially under section 22 A/B CrPC or on an application/request made to such court during trial of the case. Section 22 A/B gives power to a session or additional session judge to ask the police for specific action under the required law in the interest of justice.
PCrLJ 97
MLD 560
PLJ 1999 She C (AjK) 1
MLD 891
Complete challan is the charge sheet report where all the requirements are fulfilled i.e. arrest, recovery, FSL report, etc.
NLR 1998 Cr 48
PLJ 1999 Sh. C (AJK) 14
MLD 2094
PCrLJ 310
PCrLJ 466
YCR 1558 (Sh.c)(AJK)
Section 1 (b) of section 173 CrPC
-56 & 57 Police Rules 1934
Section 174 CrPC
Sub-section 1 section 174 CrPC
Post-mortem is legal medical examination of a dead body in order to know the exact reason of death.
Subsection 3 section 174 CrPC
Chapter 25 Para 31 to 40 Police Rules 1934
Section 176 CrPC
Form # 25-56 (1) Police Rules 1934
Section 172 CrPC
Sub-section 1 Section 172 CrPC
-6 Police Rules 1934
PLD 1974 Karachi 91
Chapter 25 Para 53, 54 and 55 Police Rules 1934
AIR 1925 Oudh 1
NLR 1984 Cr. 304
PLD 1974 Karachi
AIR 1954 Assam 170
PCrLJ 2934
-2 (3) Police Rules 1934
-14 (1) Police Rules 1934
-11 (2) Police Rules 1934
-11 (3) Police Rules 1934
-26 Police Rules 1934, 25-43 and 25-44 also cover the procedure to solve rest of types of poining cases.
-41 Police Rules 1934 Further, 25-42, 25-45 and 25-46 also explain all the steps to be adopted by police and chemical examiner.
-15 (2) Police Rules 1934
-15 (1) Police Rules 1934
-16 Police Rules 1934
-17 Police Rules 1934 wherein, supervision rules and directions have been given in details.
-18/A Police Rules 1934
-48, 49 and 50 Police Rules 1934
-58 Police Rules 1934
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