Basics of Investigation

A Legal Perspective

Focusing on
Code of Criminal Procedure and
Police Rules
 Criminal Justice in Pakistan
1) Investigation: Conducted by Police and other law
enforcing agencies of Pakistan
2) Inquiry: Conducted by the courts to find the
falsehood or truthfulness of a fact (innocence or
guilt)
3) Trials: Conducted by the courts (conviction or
acquittal)
4) Execution: managed and controlled by jail
authorities under the court orders
 INVESTIGATIONS: (The Collection Of Evidence)

 A criminal investigation refers to the process of collecting

information (or evidence) about a crime in order to
Determine if a crime has been committed
 Identify & apprehend the perpetrator,
 collect evidence to support a conviction in court.
 Information theory (Wilmer). The criminal investigation
process resembles a battle between the police and the
perpetrator over crime-related information.
In committing the crime, the offender emits "signals," or
leaves behind information of various sorts (fingerprints,
eyewitness descriptions, murder weapon, etc.), which the
police attempt to collect through investigative activities.
 INVESTIGATION: (The Collection Of Evidence)

Code of Criminal Procedure

• Section 4(l) "Investigation". "Investigation" includes all the
proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf.
Police Rules
Chepter-24 Rule 2
It is the duty of an investigating officer to find out the truth of
the matter under investigation. His object shall be to discover
the actual facts of the case and to arrest the real offender or
offenders. He shall not commit himself prematurely to any
view of the facts for or against any person.
 INVESTIGATIONS: Modern Perspective

Bow Street Runners (1749, London): Often considered the first

professional detective force. Created by Henry Fielding, this
group worked to bring structure to criminal detection.

Sir Robert Peel's Metropolitan Police (1829): Marked the

foundation of modern police forces. Emphasized crime
prevention and professional law enforcement.

Fingerprinting and Forensic Science: Late 19th century saw the

use of fingerprints (Sir Francis Galton) and development of
early forensic techniques, like Bertillonage (body
measurements for ID).
 INVESTIGATIONS
OF WHAT?

FACT:-
“means and includes
(1)Anything, state of things, or relation of things, capable of
being perceived by the senses.
(2) Any mental condition of which any person is conscious
Classification of facts:-
1. External and Internal Facts
2. Physical and psychological facts
3. Positive and negative fats
4. Matter of fact and matter of law
5. Facts opposed to theory, opinion and feeling
6. Facts stating events or state of things
7. Principal and evidentiary facts
 INVESTIGATIONS
OF WHAT?

Fact-in-issue means and includes any fact from which,

either by itself or in connection of other facts, the existence,
non existence, nature or extent of any right, liability or
disability, asserted or denied in any suit or proceeding.
• Relevant fact may be called the evidentiary fact and ‘a
fact in issue’ as the ultimate main or principal fact.
• The fact in issues are determined by substantive law and
by pleadings
• The relevant facts are evidentiary facts, which proves or
disproves the fact in issue
For Example: Murder, Encroachment, Illegal Possession
 INVESTIGATIONS
OF WHAT?

Relevant Fact
QSO does not defines the word ‘relevant’. It simply
describes that when one fact is said to relevant with
the other fact
• Connection of events as cause and effect.
• The fact that has certain degree of probative force
• Means any two facts of which it is applied are so
related to each other that, according to the common
course of events, one either taken by itself or in
connection of other facts which proves past, present
or future existence or non-existence of the other.
 Code Of Criminal Procedure

Offence:- any act or omission made punishable by law

Classification of Offences under Criminal Procedure
1) Cognizable Offences
2) Non-Cognizable Offences
What is Warrant:
An order or document issued by a legal or government
official/Magistrate/judge authorizing the police or another
body to make an arrest, search premises, or carry out
some other action relating to the administration of justice.
 Criminal Procedure and Other Laws

To set the criminal law into motion there are Four

ways: -

1) First Information Report

2) Complaint
3) Inquiry
4) Upon information received by Court itself
 FIRST INFORMATION REPORT
(F.I.R)

Information in cognizable cases. Every information relating to

the commission of a cognizable offence if given orally to an
officer-in-charge of a police-station, shall be reduced to
writing by him or under his direction and be read over to the
informant; and every such information, whether given in
writing or reduced to writing as aforesaid, shall be signed by
the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as
the Provincial Government may prescribe in this behalf.

Section 154: Code of Criminal Procedure 1898

 FIRST INFORMATION REPORT (F.I.R)

Police Rules
Chepter-24 Rule 5
First Information Report Register.
The First Information Report Register shall be a printed book
in Form 24.5 (1) consisting of 200 pages and shall be
completely filled before a new one is commenced. Cases
shall bear an annual serial number in each police station for
each calendar year.
 OBJECT/ SCOPE OF FIRST INFORMATION REPORT

The object of F.I.R is to obtain early information of

alleged criminal activity, to record the circumstances
before there is time for them to be forgotten.
To set the machinery of law into motion
• Foundation of Criminal case
• Commencement of investigation
• Confers power to police to investigation
• SHO is bound by law to register the FIR
But unfortunately courts has made it as most
important evidence
 FIRST INFORMATION REPORT
(F.I.R)

Contents of F.I.R
• Name of Police Station
• Date & Time of occurrence
• Date and Time or Report
• Name of Complainant / Informant
• Distance from Police Station
• Name of Offences
• Sections of Law
• Gist of information
• Signatures of the Moharrar
• Karwai Police (police proceedings)
First Information Report
 FIRST INFORMATION REPORT
Some Important Legal Points

• Recording of FIR and Its Procedure

• Delay in lodging FIR (Presumption)
• Supplementary Statement (Presumption)
• Evidentiary Value of FIR
• Admissibility and Relevancy of FIR
 INVESTIGATION

• 155. Information in non-cognizable cases.- (1) When

information is given to an officer-in-charge of a police-
station of the commission within the limits of such station
of a non-cognizable offence, he shall enter in a book to be
kept as aforesaid the substance of such information and
refer the informant to the Magistrate.

• (2) Investigation in non-cognizable cases. No police-officer

shall investigate a non-cognizable case without the order of
Magistrate of the first or second class having power to try
such case or send the same for trial to the Court of Session.
• (3) Any police-officer receiving such order may exercise the
same powers in respect of the investigation (except the
power to arrest
 INVESTIGATION

156. Investigation into cognizable cases.-- (1) Any officer-

in-charge of a police-station may, without the order of a
Magistrate, investigate any cognizable case which a Court
having jurisdiction over the local area within the limits of
such station would have power to inquire into or try under
the provisions of Chapter XV relating to the place of inquiry
or trial.
• Exclusive Power of I.O: (2) No proceeding of a police-
officer in any such case shall at any stage be called in
question on the ground that the case was one which
such officer was not empowered under this section to
investigate. (What amounts to interference in
investigation).?
 INVESTIGATION

Discretion not to Investigate (Section 157)

• “If it appears to the officer in charge of police station
that there is no sufficient ground for entering on to
an investigation” .
This provision gives power to the SHO to stop or not to
investigate the case and forward a report to magistrate
in this regard after recording reasons
 SECOND FIR
SUPREME COURT OF PAKISTAN (Original Jurisdiction)

PLD 2018 SC 595

Mst. Sughran Bibi versus The State

There is no provision in the Code of Criminal Procedure for a

Second Information Report (SIR),
Or a Third Information Report (TIR)
Therefore second or subsequent F.I.R about the same
occurrence is against the Law of Criminal Procedure
 POWERS TO INVESTIGATE

Police Rules
Chepter-25 Rule 1

(1) An officer-in-charge of a police station is empowered

by Section 156, Criminal Procedure Code to investigate
any cognizable offence which occurs within the limits of
his jurisdiction.
(2) He is also empowered under Section 157(1), Criminal
Procedure Code, to depute a subordinate to proceed to
the spot to investigate the facts and circumstances of the
case and, if necessary, to take measures for the discovery
and arrest of the offenders.
 INVESTIGATION

• Power to Order Investigation: Any Magistrate

empowered under section 190 may order regarding
the investigation of non-cognizable offences.

• Limitation on Power to Investigate: Notwithstanding

anything contained in sub-section (1), (2) or (3) no
police-officer shall investigate an offence under
section 497 or section 498 of the Pakistan Penal
Code, except upon a complaint made by the husband
of the woman, or, in his absence by some person
who had the case of such woman on his behalf at the
time when such offence was committed.
 INVESTIGATION: THE ARREST

Arrest Defined:-
• A seizure or forcible restraint,
• An exercise of the power to deprive a person of his or her libe
rty,
• the taking or keeping a person under custody in the light of a
legal authority
• An arrest is using legal authority to deprive a person of his or
her freedom of movement.
• A seizure or forcible restraint
 INVESTIGATION: THE ARREST

Ground for Arrest:-

• As provided in Article 10 of the Constitution of
Pakistan “ the grounds of arrest must exist, and the
grounds should be reasonable

Muhammad Bashir Case PLD 2007 SC 539

Irrespective of the fact that FIR has been registered or
not, or whether the accused has been nominated in
the FIR or not, there should be reasonable grounds for
arrest as provided in Section 54 of CrPC
 INVESTIGATION: THE ARREST

Arrest How Made?

• Section - 46 Code of Criminal Procedure
In making an arrest the police-officer or other person making the
same shall actually touch or confine the body of the person to
be arrested.

Lord Denning (The Due Process of Law page 103)

• “when a police constable says to a man ‘come along with
me, I am taking you to the police station, or saying that you
are under arrest or even holds his hand, this is an arrest.
 INVESTIGATION: THE ARREST

Who Can Arrest

Law under Code of Criminal Procedure

• Arrest by Police --(Sec 54, 55, 57)

• Arrest by Private Person --(Sec 59)
• Arrest by Magistrate --(Sec 65)
• Arrest by Justice of Peace (sec 22-A)
 INVESTIGATION: THE ARREST

• Use of Force: Section 46: If such person forcibly resists the

Endeavour to arrest him, or attempts to evade the arrest,
such police-officer or other person may use all means
necessary to effect the arrest.
• Search of Place: Section 47: If any person acting under a
warrant of arrest, or any police-officer having authority to
arrest, has reason to believe that the person to be arrested
has entered into, or is within, any place, the person residing
in, or being in charge of, such place shall, on demand of such
person acting as aforesaid or such police-officer, allow him
free ingress thereto, and afford all reasonable facilities for a
search therein.
Code of Criminal Procedure 1898
 INVESTIGATION: THE ARREST
• Power if ingress not obtainable --Section 48 If ingress to
such place cannot be obtained it shall be lawful for a police-
officer to enter such place and search therein, and in order
to effect an entrance into such place, to break open any
outer or inner door or window of any house or place,
whether that of the person to be arrested or of any other
person,
• Power to break open doors and windows-- Section 49. Any
police-officer or the person authorized to make an arrest may
break open any outer or inner door or window of any house
or place in order to liberate himself or any other person who,
having lawfully entered for the purpose of making an arrest,
is detained therein.
Code of Criminal Procedure 1898
 Powers of Police Officer to affect Arrest
Power to Search of arrested persons -- Section 51
• Whenever a person is arrested by a police-officer under a
warrant or without warrant, or by a private person the police-
officer to whom he makes over the person arrested, may
search such person, and place in safe custody all articles,
other than necessary wearing-apparel, found upon him.
Mode of searching woman -- Section 52
• Whenever it is necessary to cause a woman to be searched;
the search shall be made by another woman, with strict
regard to decency

Code of Criminal Procedure 1898

 Law and Principle Regarding Arrest

Persons arrested not to be detained more than twenty-four

hours.

• Section 61. No police-officer shall detain in custody a person

arrested without warrant for a longer period that under all
the circumstances of the case is reasonable, and such period
shall not, in the absence of a special order of Magistrate
under section 167, exceed twenty-four hours exclusive of the
time necessary for the journey from the place of arrest to the
Magistrate's Court.
 ARREST OF A WOMAN

• Section 48 provides that where police needs to enter in a

place for arrest of a person and the place is occupied by a
woman, The Police shall give a notice to a woman a
reasonable opportunity for withdrawing.
• Section 52 requires that for arrest of a woman search and
arrest shall be made by another women with strict regard
of decency
• Section 156-B; No women shall be arrested without the
permission of a court during the investigation of a case
under Zina Hadood Ordinance 1979
• Section 167 forbids remand to police where a woman is
arrested, except the offence of Dacoity and Qatal (prison)
 Conclusion of Investigation &
Preparation of Police Report
• Interim report
• Incomplete report
• Complete report
• Untraced reports
• Abated reports
• Cancellation reports
• Discharge Report
• Report U/S 173 read with 512 CrPC (Pos)