INTRODUCTION:

According to Charles Wagg-Prosser “Freedom without law degenerates into anarchy and law without freedom is tyranny”.1 The Criminal Justice system in all civilized countries of the world aims at to maintain freedom of their citizens. Law comes by making, abused and misused by breaking, for repair and redress there are the roles of the Police, the Courts and the Implementing actors in the society. Police is “Muhafiz” in Pakistan and to play this role is expected to act under the law and in accordance with law and in a manner whereby the dignity of mankind is maintained and all feel safe and secure and it is shown that rule of law prevails throughout the society fairly. State can do within its resources. People at large have also to cooperate and coordinate at all occasions according to their capacity to bring in the desired results.In Pakistan the general substantive penal law is contained in the Pakistan Penal Code, 1860 and the general criminal procedural law is contained in the Code of Criminal Procedure, 1898. There are special and local laws and there are special jurisdictions of power and special forms of procedure which are not affected by the Code of Criminal Procedure, 1898. The Code has no application in such a situation and the provisions of

the special or local law govern the procedure in the said situation. The moment an FIR

is lodged the duty and function of the Police to investigate fairly begins.1

WHAT IS INVESTIGATION?Investigation according to the Code of Criminal Procedure, 1898 includes all proceedings under it for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. [s.4 (1)].

From the above definition it transpires that an investigation has the following essential ingredients,-It is a proceeding. It is a proceeding by a police officer or a person authorized by a Magistrate to investigate. It is for the collection of evidence. It is for ascertaining as to whether an offence has been committed. If the investigation reveals that no offence has been committed, the case may be filed and no action is taken.

STEPS TO BE TAKEN BY THE INVESTIGATING OFFICER:The following steps are taken by the Investigating officer?1.Proceeding to the spot. 2.Ascertainment of the facts and circumstances of the case. 3.Discovery and arrest of the suspected offender. 4.Collection of evidence relating to the commission of the offence which may consist of

1 The Police and the Law, Charles Wegg-Prosser, Oyez Publishing Company, London, 1973, p. vii.

(i)the examination of various persons including the accused and the reduction of their statements in to writing, if the officer thinks fit, (ii) the search of places or seizure of things considered necessary for the investigation and to be produced at the trial.(i)(iii) Formulation of opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under section 173.

DIFFERENCE BETWEEN INVESTIGATION AND INQUIRY:Following is the difference between an investigation and an inquiry:An investigation is made by a police officer or by some person authorised by a Magistrate or a Court. The object of an investigation is to collect evidence for the prosecution of the case. Investigation is a scrutiny instituted generally by the police to ascertain if an offence has been committed at all, if so by whom and what is the evidence which can be adduced in offence committed, they send the accused to the Magistrate with report which contains the result of the investigation and a list of witnesses who should be summoned to prove the charge.Investigation is the first stage of the case and normally precedes the Inquiry. Investigation is not a judicial proceeding. The term judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. An investigation is never made by a Magistrate or a Court. Investigation regarding the commission of offences is both the duty as well as the prerogative of the police and is a matter which is not within the domain of the Courts.Inquiry includes every inquiry other than a trial conducted under the Code of Criminal Procedure, 1898 by a magistrate or Court, it relates to proceedings of Magistrate prior to trial. An Inquiry is a judicial proceeding made by a Magistrate. The object of an inquiry is to determine the truth or falsity of certain facts with a view to taking further action thereon. An inquiry does not necessarily mean an inquiry in to an offence for it may as well relate to matters which are not offences e.g. \inquiry made in disputes as to immovable property with regard to possession. Public nuisances, or for the maintenance of wives and children. The term inquiry is not confined to proceedings in which an accused is actually placed before a magistrate on a charge for an offence. It is meant to include everything done in a case by a Magistrate whether the case has been challaned or not. Thus it will include an inquiry under section 159 of the Code of Criminal Procedure, 1898.Section 159 the Code of Criminal Procedure, 1898 empowers a Magistrate on receipt of a police report under section 157 of the said Code to hold a preliminary inquiry in order to ascertain whether an offence has been committed and if so whether any person should be upon their trial. An inquiry in respect of an offence never ends in conviction or acquittal, at the most it may result in discharge or commitment of the case to sessions.

An inquiry extends to:(i) a proceeding under section 133(ii) a proceeding under section 144 (iii) a proceeding under section 145 (iv)the recording of statement under section 164. (v) a proceeding under section 176 into the cause of death. (vi) Inquiry under section 202 into the truth or falsity of complainant before

issuing process against the accused.2

POWERS OF INVESTIGATING OFFICERS:The powers and duties of a Police Officer making an investigation are laid down in Sections 157 to 173 of the Cr.P.C. When it is necessary to summon any person to attend an investigation, the Investigating Officer may issue an order in writing in the prescribed form to such person to attend investigation. However, no male person under the age of 15 years or woman shall be asked to attend at any place other than the place in which such male person or woman resides. The above-mentioned legal process of summoning witnesses by issuing notice under Section 160 Cr.P.C. shall not be used in Preliminary Enquiries3.

It shall be the responsibility of the Senior Superintendent of Police or Superintendent of Police or any other Officer vested with task to supervise investigation of a crime or conduct of an enquiry to ensure that there is no inducement, threat or promise given to any person from whom enquiries are made or the information are elicited. No person should be unnecessarily called or detained under any circumstance.

Examination of Suspect Accused Persons:When a suspect appears before the Investigating Officer, he should be examined thoroughly on all points. His statement should be carefully recorded with a view to ascertain his defence and to find out the cases from which the evidence could be gathered to verify his defence and to prove the charges against him during the course of further investigation. The accused may be informed of the charge against him and questioned thoroughly to seek his explanation. If the accused makes any specific disclosure of material objects used in the commission of offence, his disclosure statement should be recorded in the presence of witnesses and recovery of the articles, weapons etc. so disclosed by him should be made as per the provisions of Section 27 of the Evidence Act. All the points or arguments advanced by the accused should be looked into and thoroughly verified by the Investigating Officer. It should be ensured that complete statement of the accused is recorded and the points arising there from are looked into during the course of investigation, so that the prosecution is fully prepared to meet the defence of the accused/suspect.

The I.O. shall, in all important cases, prepare questionnaires for examining the accused and shall record his statement initially in the narrative form and then in the form of answers to the questionnaire, which should cover all important points. The record of the answers given by the accused should then be read over to him. To prepare the questionnaire in important and/or complicated cases, guidance of the Senior Officers should be taken.

Power to hold investigation or preliminary inquiry:Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks

fit, at once proceed or depute any Magistrate subordinate to him to proceed, to hold a

preliminary inquiry into or otherwise to dispose of, the case in the manner provided in

this Code.

2 Section 4 (m) of the Code of Criminal Procedure, 1898.3 2001 P.Cr.L. Journal 1054

Police Officer’s power to require attendance of witnesses:(1) Any police officer making an investigation under this Chapter may, by order in

writing, require the attendance before himself of any person being within the limits of

his own or any adjoining station who, from the information given or otherwise, appears

to be acquainted with the facts and circumstances of the case; and such person shall

attend as so required:

Provided that no male person 1[“under the age of fifteen years or above the age of

sixty-five years or a woman or a mentally or physically disabled person”] shall be

required to attend at any place other than the place in which such male person or

woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment

by the police officer of the reasonable expenses of every person, attending under sub-

section (1) at any place other than his residence.

Examination of witnesses by police:(1) Any police officer making an investigation under this Chapter, or any police officer

not below such rank as the State Government may, by general or special order,

prescribe in this behalf, acting on the requisition of such officer, may examine orally

any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case Put to

him by such officer, other than questions the answers to which would have a tendency

to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course

of an examination under this section; and if he does so, he shall make a separate and

true record of the statement of each such person whose statement he records.4

1[“Provided further that the statement of a woman against whom an offence under

section 354, section 354A, section 354B, section 354C, section 354D, section 376,

section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of

the Indian Penal Code is alleged to have been committed or attempted shall be

recorded, by a woman police officer or any woman officer.”.]

4 1972 Criminal Law Journal 1236.

Search by police officer:Whenever an officer in charge of police station or a police officer making an

investigation has reasonable grounds for believing that anything necessary for the

purposes of an investigation into any offence which he is authorised to investigate may

be found in any place within the limits of the police station of which he is in charge, or

to which he is attached, and that such thing cannot in his opinion be otherwise obtained

without undue delay, such officer may, after recording in writing the grounds of his

belief and specifying in such writing, so far as possible the thing for which search is to

be made, search, or cause search to be made, for such thing in any place within the

limits of such station.

Release of accused when evidence deficient:If, upon an investigation under this Chapter, it appears to the officer in charge of the

police station that there is not sufficient, evidence or reasonable ground of suspicion to

justify the forwarding of the accused to a Magistrate, such officer shall, if such person

is in custody, release him on his executing a bond, with or without sureties, as such

officer may direct, to appear, if and when so required, before a Magistrate empowered

to take cognizance of the offence on a police report, and to try the accused or commit

him for trial.

Power to summon persons:(1) A police officer proceeding under section 174 may, by order in writing, summon

two or more persons as aforesaid for the purpose of the said investigation, and any other

person who appears to be acquainted with the facts of the case and every person so

summoned shall be bound to attend and to answer truly all questions other than

questions the answers to which have a tendency to expose him to a criminal charge or to

a forfeiture.

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such

persons shall not be required by the police officer to attend a Magistrate’s Court.5

METHODOLOGY OF THE STUDY:Our method of study is almost seconday.we use different sort of law books,jouranls,news papers.articles etc for collecting data.

DURATION OF THE STUDY:The research study completed in 15 days.

5 1991 Pakistan Criminal Law Journal 806; 1992 P.Cr. L. J. 1870

CONCLUSION:Part V of the Code of Criminal Procedure, 1898 is on the subject of Information to the Police and their powers to investigate.It comprises sections 154 to 176.The Police Order, 2000, the Police Rules, the High Court Rules and Orders volume III and the judicial precedents available in the law reports and legal digests published monthly, much data is available for further research. The investigation is to be conducted under the law, in accordance with law and lawfully. Prerogative does not mean whimsical exercise of any power available. All are subject to Constitution and the law and expected to play their role fairly. For Police, for prosecution, for courts the responsibility is to exercise their respective powers within the four walls of the Constitution and the law. The object of appeal, review, revision and even any other jurisdiction is to observe the rule of law fairly, transparently and with integrity.The Object and purpose of investigation is to find out truth and to present it before the court by way of admissible and acceptable evidence (See 1999 P.Cr. L. J. 1831).Police training institutes can play a very important role in imparting the latest education to the Police as the Judicial academies are doing in respect of the judges, and even advocates. Our law schools, colleges, universities both in public and private sectors have also a role to enlighten the young generation educated there. It is the awareness that sets the conduct right.

BIBLIOGRAPHY:1. The Code of Criminal Procedure, 1898.2. Criminology, Justice ® Dr. Munir Ahmad Mughal, Muneeb Book House, Lahore, Pakistan, 2009. 3.The Police Order, 2002, Justice ® Dr. Munir Ahmad Mughal, Muneeb Book House,Lahore, Pakistan, 2002.4.The Pakistan Penal Code, 1860.

5.Criminal Trial, Justice ® Dr. Munir Ahmad Mughal, Muneeb Book House, Lahore, Pakistan, 2008

6. Remand by the Criminal Courts, Justice ® Dr. Munir Ahmad Mughal, Muneeb Book House, Lahore, Pakistan, 2011.7. www.vakilno1.com