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
(i)the examination of various persons including the accused and the reduction of their
statements in to writing, if the officer thinks fit,
1 The Police and the Law, Charles Wegg-Prosser, Oyez Publishing Company, London, 1973, p. vii.

(ii) the search of places or seizure of things considered necessary for the investigation
and (i)
to be produced at the trial.
(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
2 Section 4 (m) of the Code of Criminal Procedure, 1898.
3 2001 P.Cr.L. Journal 1054

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

Police Officers 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 subsection (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

4 1972 Criminal Law Journal 1236.

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..]

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 Magistrates 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.

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.

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

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