The Code of Criminal Procedure (CrPC) 1898 governs the process of investigation in criminal cases, ensuring fairness and justice. An investigation is a crucial stage in criminal proceedings, where law enforcement agencies gather evidence, identify suspects, and build a case for prosecution.

Definition and Purpose of Investigation

Under Section 2(h) of the CrPC, an investigation includes all proceedings undertaken by the police or any authorized person for the collection of evidence. The primary purpose is to determine whether an offense has been committed and to gather sufficient proof to prosecute the accused.

Investigation into cognizable offences:

According to section 156 CrPC, if the offence has been committed and section 497 or section 498 of PPC is applicable, the complaint shall be made by the husband of the woman or by some person who had care of such woman.

Section 156A/B:

According to section 156A/B CrPC if the offence relates to section 295C PPC or Zina bil Raza under Hudood laws, only Superintendent of Police (SP) can investigate the matter.

Section 157, 158, 159:

The investigating officer may visit the place of occurrence, collect all evidence, report to his high officials and the magistrate also. He may depute his duty to any of his subordinate. According to section 156C CrPC DNA report is necessary in rape cases, but sample may only be collected with permission of the victim.

Power to require attendance of witnesses:

According to Section 160 of CrPC The police have power to require attendance of witnesses. Any person who has some knowledge about the case can be called by police in this regard (acquainted with facts of the case). Police may call the person verbally or in writing. This fact shall be brought on the record of the investigation. The person so called is bound to join the investigation. If he does not join without legal justification, he may be proceeded legally for such disobedience.

Recording statement of witnesses:

According to Section 161 of CrPC During investigation, statement of the witnesses shall be recorded under the section. These statements shall be recorded without oath. The witness is not bound to sign or thumb mark such statement. Statement under this section shall be recorded when the person is supposed to acquainted with the information which will be necessary, relevant and helpful for progress of the case under investigation.

The witness shall state verbally and the investigating officer (IO) shall reduce it into writing. If any statement has been given in writing, even then procedure under section 161 is mandatory. The witness in favour of accused may also be examined under this section. The supplementary statement of any witness or another statement of the same witness who has already stated under this section, may also be recorded under the same section. During recording of such statement, the police can put any question to him and the person is bound to answer.

Statements under this section shall be recorded without delay. The delay statement without cogent justification makes the statement doubtful and it will lose its sanctity. Copies of such statements will be attached with the judicial file/challan of the case. These copies shall be delivered to the accused by the trial court at the commencement of the trial. These copies shall be provided to the accused by the trial court free of cost.

Section 162:

These statements may be used by accused for contradiction with the statement of the witness at the trial stage if he adds or omits any fact during recording of his examination-in-chief. This procedure is practically known as confrontation and this statement may be exhibited as defence document.

Section 163:

The police officer or any other authorised officer is not allowed to offer, induce or cause pressure to give statement by the witness under Section 161 CrPC.

Note:

1. If the case relates to section 336B, section 354, section 354A, Section 376 or section 509 PPC, the female victim shall record her statement under Section 161 CrPC in presence of female police officer or female family member or other person of her choice.
2. According to section 161A CrPC, if the offence relates to rape etc. Provincial Government is bound to inform the victim that victim has right to legal representation and in such cases free legal aid may be provided to the victim. The lawyer shall be informed by police for such purpose among the list maintained by provincial bar councils for such purpose.

Power to record statements and confessions:

According to Section 164 of CrPC Any magistrate of first class and magistrate of second class, specially empowered by the provincial government, has jurisdiction under the section. Statement of witnesses may be recorded under this section. Confession of the accused may be recorded under the section.

Section 164 CrPC is applicable at this stage of investigation or afterwards, but before the commencement of inquiry or trial. According to High Court Rules and Orders, Volume 3, the purpose of Section 164 CrPC is to secure the reliable piece of evidence at this stage by the judicial officer.

If this statement has been recorded by the magistrate and accused his present there, opportunity for cross examination shall be provided to the accused at this stage. If confession has been recorded, the procedure of Section 364 CrPC shall be adopted by the magistrate.

Note: The proceedings under this section shall be conducted on oath. If the person is minor, proceedings under this section are allowed but oath shall not be taken.

Confession shall be explained by the court to the accused. The magistrate is bound to explain that accused is not bound to make such confession and such confession may be used against him.

The confession shall be made with free consent (voluntarily).

The police will not be present there. If accused is already in custody of police, the handcuffs shall be removed and police officer shall be sent out of the courtroom. Confession shall be signed and thumb marked by the accused. It should also be signed by the magistrate.

It is not necessary for purpose of this section that magistrate should have jurisdiction in the case.

Note: The magistrate shall make a memorandum (certificate) at the foot of the confession by writing that legal requirements have been complied by the magistrate.

Medical examination of victim of rape, etc.:

According to Section 164A of CrPC If the offence relates to sexual abuse under PPC, the female victim shall be medically examined by a female registered medical practitioner. In such cases, medical examination of victim (male or female) shall be conducted immediately after commission of offence. The female victim shall be escorted by a female police officer or a family member to the place of medical examination. The registered medical officer after conducting the medical examination, shall prepare a detail report prescribing the following information;

• Particulars and age of the victim
• DNA profiling material
• Marks of injury (if any)
• General mental condition of victim
• Reason for conclusion of the medical opinion

Duration of medical examination shall also be mentioned. This medical report shall be forwarded immediately to the investigating officer, who shall forward it to the magistrate without delay. This report shall be attached with the final report of the investigation under section 173 CrPC.

Note: Consent of the victim or natural guardian or legal guardian is necessary for medical examination.

DNA Test:

According to Section 164B of CrPC DNA profiling of the victim with consent and profiling of accused shall be completed and the material collected shall be sent to the forensic laboratory for its examination. Degree of secrecy shall be observed.

Section 165, 166:

According to Section 165 and 166 CrPC, during the investigation search of person and property is allowed. For such purpose, legal requirements shall be observed. For example, if the matter pertains to different police station, it shall be intimated in writing to that police station.

Section 167:

During investigation physical remand (custody) of accused may be obtained by the investigating officer from the Court of Magistrates.

Section 168, 169:

If any subordinate officer is conducting the investigation, the result of the investigation shall be submitted to the SHO. If the evidence is not sufficient, the accused in custody may be released (discharged) by the police or by the Court of Magistrates.

Section 172:

According to Section 172 CrPC, proceedings of investigation shall be recorded in writing on each date of investigation.

Report of Police Officer (Challan):

According to Section 173 of CrPC Every Investigating Officer shall complete the investigation without unnecessary delay. Officer in charge of Police Station shall report to the Court of Magistrates through public prosecutor. This report shall contain names of the parties, nature of the information, list of witnesses, whether accused has been arrested or not, whether accused is in custody or on bail, detail of case property, list of documents attached with this report, conclusion of the investigation, date of arrest of accused, whether any accused has been found not involved in this case (innocent), whether any accused is proclaimed offender. This report shall be signed by the SHO.

This report shall be submitted within 17 days after registration of FIR. If the investigation remains incomplete within such period, incomplete report (interim challan) shall be reported with reasoning. Copy of such report may be furnished to the accused on his application. SHO shall produce the private witnesses of the case before the Court and Court shall bound the witnesses for future appearance. However, practically the Court issues the summons of the witnesses when required. This report is known as challan.

The Court of Magistrate shall examine the record and decide the cognizance according to Section 190 CrPC. Every challan shall be submitted to the Court of area Magistrate, even if the Magistrate has no jurisdiction upon the offences mentioned in the case. Along with this report, the police officer is bound to attach the documents referred in the list. It is known as judicial file. Copy of this file may be obtained by anyone after availing the prescribed procedure of certified copies.

The detail file of investigation is known as police file. It is confidential document and not accessible for public.

Section 174:

Inquiry in following cases may be made by police.

1. Suicide cases
2. Killing by animal
3. Killing by machinery
4. Killing by accident
5. Suspicious death

The police shall report the matter to the nearest Magistrate. The matter shall be inquired in presence of two or more respectable inhabitants of neighbourhood. Report of apparent cause of death shall be prepared and signed by the police officer. Medical examination shall be conducted. According to section 174A CrPC, if injury has been caused by burns through fire, acid, corrosive oil, or any chemical, medical examination is necessary. Report shall be prepared and it shall be submitted to Magistrate. The medical officer shall record the statement of injured person immediately whether injured person is under duress or not. It shall be noted by medical officer.

According to Section 175 CrPC, during inquiry under section 174 CrPC, the witnesses may be summoned and inquired.

Section 176:

According to Section 176 CrPC, the Magistrate may inquire cause of death of the person died in police custody and consequently case may be registered. For such purpose, disinterment is allowed and postpartum examination may be conducted.

Conclusion

The investigation process under CrPC ensures that criminal cases are handled systematically and fairly. A well-conducted investigation not only helps in convicting the guilty but also prevents wrongful prosecution. By following legal procedures, law enforcement agencies maintain the integrity of the justice system while upholding the rights of individuals.

Leading Cases

PLD 2021 SC 550

Section 164 B (DNA Test)

PLD 2021 Bal 72

Transfer of offenders

PLD 2021 Peshawar 105

Dictum: Recording of statement under section 164 CrPC through video link is allowed.

PLD 2020 SC 523

Dictum: During investigation statement of accused may also be recorded under section 161 CrPC.

PLD 2020 SC 313

DNA Amendment Act 2016

PLD 2019 SC 595

Requirements of section 164 CrPC

2019 SCMR 1068

Requirements of section 174 CrPC

PLD 2019 SC 196

Statements under 161 CrPC may be recorded in electronic form

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