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Pakistan CrPC 1898: Police Powers to Investigate
Under Pakistan's Code of Criminal Procedure 1898, police possess specific powers to investigate crimes. These powers encompass receiving information on offenses, conducting thorough investigations for both cognizable and non-cognizable cases, executing searches, and performing inquests into suspicious deaths. These provisions ensure systematic law enforcement while outlining procedural safeguards and limitations on police authority.
Key Takeaways
Police powers differentiate between cognizable and non-cognizable offenses.
Investigations require strict adherence to procedural guidelines and reporting.
Magistrates play a crucial oversight role in police investigations.
Witness statements and confessions have specific rules for admissibility.
Searches and inquests follow defined legal protocols and reporting.
How do police receive and process information about offenses?
Police receive crucial information regarding both cognizable and non-cognizable offenses, which serves as the initial trigger for the investigative process. For cognizable cases, where police can arrest without a warrant, any information, whether communicated orally or in writing, must be meticulously reduced to writing, read back to the informant for verification, signed by them, and then formally entered into a prescribed book. This stringent procedure ensures accuracy, transparency, and a verifiable record of the complaint. Conversely, in non-cognizable cases, which are less severe, police are required to merely record the substance of the information and promptly refer the matter to a Magistrate. Investigation into such cases can only commence with an explicit order from the Magistrate, underscoring a fundamental procedural distinction and judicial oversight.
- Cognizable Cases (Section 154): Information, whether oral or written, must be reduced to writing, read over to the informant, signed by them, and systematically entered into a prescribed book.
- Non-Cognizable Cases (Section 155): Police must enter the substance of the information and refer the case to a Magistrate; investigation proceeds only by Magistrate's order; officer holds all powers except arrest without a warrant.
What are the key steps and procedures in a police investigation?
The investigation process under the CrPC is a meticulously structured sequence of actions designed to gather evidence and ascertain facts. For cognizable offenses, the officer-in-charge of a police station is empowered to commence investigation without requiring a Magistrate's prior order, and their proceedings cannot be challenged on grounds of empowerment. However, immediate reports must be dispatched to the Magistrate when a cognizable offense is suspected, detailing the officer's intention to proceed or providing clear reasons for not investigating. This dual mechanism ensures efficient action while maintaining essential judicial oversight. The process encompasses summoning and examining witnesses, recording their statements, and managing the accused's detention, all governed by strict legal provisions to safeguard individual rights and ensure procedural fairness throughout.
- Cognizable Case Investigation (Section 156): Officer-in-charge investigates without Magistrate order; proceedings not questioned; Magistrate may order investigation; special rule for sections 497/498 PPC.
- Cognizable Offence Suspected (Section 157): Report to Magistrate forthwith; proceed in person or depute subordinate; local investigation dispensed if non-serious/named person; no investigation if insufficient ground; state reasons for non-compliance.
- Report Submission (Section 158): Submitted through superior officer (if directed); superior officer may give instructions.
- Power to hold investigation/preliminary inquiry (Section 159): Magistrate may direct investigation or hold inquiry.
- Attendance of Witnesses (Section 160): Police may require attendance by written order.
- Examination of Witnesses (Section 161): Police may examine orally; bound to answer (except self-incrimination); may reduce statement to writing.
- Statements to Police (Section 162): Not signed by maker; not used as evidence (except for contradiction/re-examination); provisos for furnishing copy to accused.
- No Inducement Offered (Section 163): No inducement/threat/promise (s. 24 Evidence Act); cannot prevent voluntary statement.
- Record Statements & Confessions (Section 164): Magistrate (not police) may record; statement in accused's presence; recorded as evidence, forwarded to Magistrate; explanation re: voluntariness & memorandum.
- Investigation not completed in 24 hrs (Section 167): Transmit diary copy & forward accused to Magistrate; Magistrate authorizes detention (max 15 days); Magistrate records reasons for police custody; special rules for female accused (no police custody).
- Report by Subordinate Officer (Section 168): Report result to officer-in-charge.
- Release of Accused (Section 169): Release on bond if insufficient evidence/suspicion.
- Case to Magistrate (Section 170): Forward accused in custody or take security; send weapons/articles & require complainant/witnesses bond.
- Complainants/Witnesses (Section 171): Not required to accompany police; not subject to unnecessary restraint; recusant may be forwarded in custody.
- Diary of Proceedings (Section 172): Police-officer enters daily proceedings; Criminal Court may use diaries (not as evidence).
- Report of Police-Officer (Section 173): Investigation completed without delay; forward report to Magistrate (names, info, accused status); communicate action to informant; interim report if inv. not done in 14 days; copy to accused before inquiry/trial.
When and how can police conduct searches under the CrPC?
Police officers are authorized to conduct searches when they possess credible grounds to believe that any item essential for an ongoing investigation is concealed within a particular location. This belief must be meticulously documented in writing, establishing a clear and accountable basis for the search operation. While an officer-in-charge can personally conduct the search or delegate the task to a subordinate with a written order, specific legal safeguards are in place for sensitive premises, such as banks, which necessitate prior judicial permission from a Sessions Judge or the High Court. To ensure transparency and uphold legal standards, copies of the search record must be promptly forwarded to both the Magistrate and the owner of the property, reinforcing accountability in police actions.
- Search by Police-Officer (Section 165): Grounds for belief must be recorded in writing; bank searches specifically require prior permission from a Sessions Judge or High Court; the officer conducts the search in person or deputes a subordinate with a written order; copies of the record are sent to the Magistrate and the owner.
- Officer-in-charge may require another to issue search warrant (Section 166): An officer can request a search in another police station's jurisdiction; the receiving officer proceeds according to Section 165 and forwards any found items; a search can be conducted in another station immediately if delay risks evidence; notice must be sent to the officer-in-charge and Magistrate.
What is the police role in inquests and determining the cause of death?
Police are legally obligated to conduct inquiries into all suspicious deaths, encompassing cases of suicide, homicide, or any death occurring under questionable circumstances. Upon receiving such critical information, they must immediately notify the nearest Magistrate and proceed to the scene without delay to investigate thoroughly and prepare a detailed report. This report must meticulously document any visible wounds, injuries, or apparent causes of death. Should there be any ambiguity regarding the cause of death, or if deemed expedient for a more conclusive determination, the body may be forwarded to a Civil Surgeon for a comprehensive post-mortem examination. Furthermore, Magistrates are vested with the authority to hold independent inquests, particularly in sensitive cases like deaths in police custody, ensuring rigorous scrutiny and accountability in such matters.
- Police to inquire on suicide, etc. (Section 174): Information regarding suicide, being killed, or suspicious death triggers police inquiry; intimation is sent to the nearest Magistrate; police proceed to the spot, investigate, and draw a report detailing wounds and cause; the body is forwarded to a Civil Surgeon if doubt exists or it is expedient; Magistrates are empowered to hold inquests.
- Power to Summon Person (Section 175): Police can summon two or more persons for the investigation, along with others acquainted with the facts; summoned individuals are bound to attend and answer questions (except for self-incrimination); attendance before a Magistrate is not required if the case is non-cognizable.
- Inquiry by Magistrate into cause of death (Section 176): A Magistrate holds an inquiry into the cause of death, especially for deaths in custody or other cases under Section 174; Magistrates also possess the power to disinter corpses for examination.
Frequently Asked Questions
What is the difference between cognizable and non-cognizable offenses for police?
For cognizable offenses, police can investigate and arrest without a warrant. For non-cognizable offenses, they must obtain a Magistrate's order to investigate and cannot arrest without a warrant, highlighting a key procedural distinction.
Can police statements be used as evidence in court?
Statements made to police under Section 162 CrPC are generally not admissible as substantive evidence. They can only be used to contradict a witness during cross-examination, not as direct proof of facts, ensuring fairness.
What are the rules for police detaining an accused person?
If an investigation is not completed within 24 hours, police must forward the accused to a Magistrate. The Magistrate can then authorize further detention, typically up to 15 days, with recorded reasons for police custody, ensuring judicial oversight.
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