What is Investigation in Pakistani Law?



Its definition under Section 4 (L) Code of Criminal Procedure, 1898;
Investigation includes all the proceedings under this code for 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.

Cognizable and non-cognizable offences: Section 4 (f) Cr.P.C

Investigation into Non-Cognizable Case: Section 155 (2) Cr.P.C

Investigation into Cognizable Case: Section 156 Cr.P.C

First Information Report (FIR), Section 154 Cr.P.C; its importance

Police Officers competent to Investigate:  Officer In-charge of Police Station is defined in Section 4 (p) and police officer competent to investigate is Section 551 Cr.P.C; Police Order 2002.


Powers of the Police;
a) are derived from law; and
b) are subject to the Constitution and Law

Muhammad Bashir Vs SHO – PLD 2007 SC 539


Powers of the Police Officers are great and caution is needed in their users:
a) power to arrest and detain – Sections 46, 54-57 Cr.P.C;
b) power to require the attendance of any person – Section 160 Cr.P.C
c) power to enter and search – Section 47, 49, 165 Cr.P.C;
d) power to search person – Section 51 Cr.P.C;
e) power to seize offensive weapon – Section 53 Cr.P.C;


Safeguard against misuse of Police Powers:
a) Articles 9, 10, 13, 14 and 24 of the Constitution;
b) Sections 60, 61, 163 Cr.P.C;
c) Statements of witness recorded during Investigation their limited use – Sections 161, 162 Cr.P.C;
d) Maintaining a police diary and its use – Section 172 Cr.P.C;


Remand to custody during investigation:
a) When investigation cannot be completed within the prescribed time – Sections 61 and 167 Cr.P.C;
b) Magistrate’s power is –
i. To remand to police custody, or
ii. To remand to judicial custody;
c) Distinction between police and judicial custody – its importance;
d) Rules to be observed by Magistrate in granting police custody,

Effect of violation of articles 10 etc.
Manzoor Elahi – PLD 1975 SC 66


Confession by accused persons during investigation:
a) Section 162 Cr.P.C use of statements before police:
b) Judicial confessions and how to record them; Section 164 Cr.P.C; and High Court Rules;
c) Use of Confessions at trial – the subject will be dealt with under the head “trial”
d) Confession of accused in police custody is not admissible in court under Article 39 QSO.


Culmination of Investigation;
a) Report under Section 173 Cr.P.C; commonly known as Challan
i. May recommend cancellation of case; or
ii. It is a charge sheet against the accused named in the Challan Opinion of the police under Section 173 is not binding on Court;

b) So that the Magistrate may not cancel the case; and
c) May summon the accused for trial

Cancellation of a case is administrative phase of criminal procedure:
a) is not acquittal of the accused:
b) the Magistrate canceling may subsequently take cognizance of the case on complaint

Investigation is administrative phase of criminal procedure
a) as distinguished from trial; and
b) entitles the suspect to fairness but not as much as during trial, cross examination of witness and hearing before Challan.

A Magistrate during investigation may:
a) sometimes act in administrative capacity; and
b) sometimes in judicial capacity
For example, a Magistrate granting or refusing remand to police custody perform a judicial function, while canceling a case, he performs and administrative function.

At any stage of trial A Magistrate can acquit accused under 249(A) Cr.P.C  

Control of investigation by Courts;
a) Relationship between Court and Police
b) Control of investigation by Court

i. Khawaja Nazir Ahmed – AIR 1945 PC 18
ii. Shehnaz Begum – PLD 1971 SC 677
iii. Malik Shaukat Ali Dogar – PLD 1994 SC 281

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