CRI 621 – Criminal Investigation

Prepared by: Quratul Ain Rizvi

Topic 1: Principle and practice of criminal investigation in Pakistan

Definition
“Investigation includes all the proceedings under this code for the collection of evidence conducted
by a police officer who is authorized by a Magistrate in this behalf.”

What is investigation?
In legal terms investigation includes all the proceedings for the collection of evidence conducted by a
police officer or by any person who is authorized by a Magistrate in this behalf. A good investigation
is a rigorous process that consist of identification, collection, preservation and presentation of
evidence in court of Law. Investigation means scrutiny, search or an inquiry into a matter to find out
truth, to know about facts or solve crime.

Investigation is:

 A multidisciplinary approach.
 Involves systematic and logical thinking.
 Requires minutes and detailed inspection.
 Includes observation, examination and fact-finding inquiry of witnesses.
 A rigorous process based on evidence.

Code of Criminal Procedure draws distinction between investigation and Inquiry.

Cr.P.C. limits the scope of investigation only to collection of evidence; an investigating officer is
confined only to collect evidence without formulating any opinion as to guilt or innocence of
accused.

Another important aspect is authorization. A person cannot assume role of investigator.

Investigation can only be done by a police officer, or a person authorized by a Magistrate.

Evidence means “anything that tends to prove or disprove anything”.

In strict sense of Qanun-e-Shahdat Order 1984, evidence includes:

 All statement which the court permits or requires to be made before it by witness in relation
to matters of fact under inquiry; such statements are called Oral Evidence
  All documents produced for the inspection of the court; such documents are called
Documentary Evidence.

Goals of Investigation:
1. To recognize evidence
This is done by a detailed survey and research of crime scene. Everything that is present on a crime
scene may or may not have a probative value; an investigator must be able to recognize what
evidence can be helpful and what should be collected.

2. To Collect Evidence
Most of the crime scene involves massive physical evidence that can be collected by the investigator
to be later produced in court i-e, empty cartridges, DNA, finger prints and other trace evidence etc.

Evidence must be labeled properly describing FIR No. No, nature/type of evidence, position and
place of its collection, time date and name of witness in whose presence such evidence was
collected.

3. Preservation of Evidence.
It is as essential as collection of evidence because if integrity of evidence is compromised it cannot
be made basis for conviction of accused. To achieve this goal chain of custody must be maintained.

Chain of custody is described as chronological log of handling of evidence from place of

seizure/collection to its presentation in the court of law. It implies principle that there should be no
unauthorized handling of evidence at any stage.

4. Documentation of crime and other proceedings

Recording of statement of eyewitnesses must be done at crime scene and witness must be
separated before recording their statement eliminating possibility of fabrication.

Crime sketch that can be scaled or unscaled. But it must show North, important landmarks, presence
of accused and witnesses if any.

Modern techniques involve crime scene photography at different range, angle and even videography
can be done.

Powers of Police Officers Under Code of Criminal Procedure Regarding Investigation

 Under sec. 156 of the code of Criminal procedure 1898, a police officer is authorized to
conduct investigation in cognizable cases without order of the Magistrate,
 A police officer may by order in writing require the attendance of any person who from
information given or otherwise appears to be acquainted with the circumstances of the case.
  A police officer may examine orally any person supposed to be acquainted with the facts and
circumstances of the case.
 Police officer shall day by day enter his proceedings in investigation diary.

Defects in Investigation Carried Out in Pakistan:

Unfortunately, investigation in Pakistan is not conducted properly and thoroughly and is responsible
for collapse in Criminal Justice system. Integrity of investigation is very critical for admissibility of
evidence in court of law. Major defects in Criminal investigation in Pakistan are:

1. Lack of proper knowledge of prescribed procedures to conduct investigation

Investigation is a failure in our country due to lack of knowledge, proper training and development
of skills. Common examples of lack of knowledge and skills that results in failure of investigation are:

 Lack of knowledge of different provisions of law especially when offence falls under different
jurisdictions e.g. provision of Anti-terrorism Act, or provisions of sec. 5(2) of Prevention of
Corruption Act 1947.
 Lack of knowledge as to offense falls under what jurisdiction and which agency shall hold
investigation.
 Lack of knowledge of proper procedure e.g., procedure for proclamation of accused and
seizure of property.
 Lack of training to collect biological and other evidence at crime scene and due to improper
collection important evidence at crime scene is contaminated before it reaches laboratory
for analysis and consequently important evidence is either lost or compromised at crime
scene.

2. Lack of Professionalism
A major reason for failure of our Justice system is lack of professionalism and irresponsible attitude
towards Criminal investigation. Procedures are not followed and adherence to standards is not in
existence. Investigation process is influenced by media, political pressure, and corrupt practices.
Investigators mostly hold panchayats instead of collecting evidence to support charge or establish
guilt. Similarly, opinions as to innocence or guilt are given by police officer without reasoning and in
absence of evidence. They do not verify alibi of accused if claimed and usually give opinion on basis
of suspicion without realizing the fact that determining the guilt or innocence is the duty of the court
and investigation is only confined to collection of evidence.

3. Biased Investigation/ Lack of Impartiality

Impartiality means decisions must be based on sound reasoning and without any undue influence or
favor to anyone. It is an ability of a person to formulate his decision based on facts and without
being prejudiced. Preconceived notions, conjectures, suppositions, presumptions, and suspicion are
different forms of prejudice. There should be no personal belief or intuition or a judgment not
founded on proof or certainty.

Prejudice or bias can seriously effect results of investigation. Various elements can affect impartiality
of an investigator. Bias can take various forms e.g., religious bias, racial discrimination, gender,
ethnicity, sect, class or caste, all can influence investigation. However, there is a distinction between
holding a bias and acting as bias.

4. Role of Logic, Good Observation and Good Judgment

Every crime is unique. There is no universal formula to investigate a case. A good investigation
requires proper planning. it is a teamwork that cannot be done in isolation. Composition of team
depends on nature of crime.

Crime scene is a scene of incident irrespective of the whether a Criminal or illegal action has been
established.

When arriving at crime scene an officer must determine what offence has been committed and what
level of investigation he is required to conduct. It is common that investigating officers do not apply
their own reasoning and are only confined to story narrated to them by witness. Even in that case
they even do not bother to corroborate their testimony, verify presence of witness at the spot and
collect other circumstantial evidence, usually police officers’ acts in mechanical way by recording FIR,
statement of witness, drawing rough sketch, making or planting recovery and then submission of
challan. Had they collected evidence properly from crime scene, it can help prosecution to prove
their case. It could also be kept in mind that there is tendency in our country to rope falsely all family
members of the accused.

5. Integrity
Twisting of facts is not very uncommon. It happens in almost in every case. Facts are twisted by
parties to either involve innocent or to destroy evidence. In unseen murder case usually witness is
planted, in dacoity cases usually identification parade are not held, instead this requirement of law is
fulfilled by insertion of supplementary statement that never discloses source of information.

Observations made are not brought on record. Confessions are not recorded before Magistrate and
police confession forms part of police diary which is neither admissible nor can secure conviction.

Injured victim dying declaration is not recorded, or if recorded no independent person is cited in
whose presence such dying declaration is recorded. Similarly, statement of injured witness is
recorded without making enquiry from doctor regarding whether such injured is in position to make
statement or not.

These are all issues that have impact on integrity of evidence collected and produced during trial.
How a court can convict a person when there is no evidence or there is evidence which is tainted.

6. Improper Documentation
The gravest defect of our investigation is improper and inadequate documentation. Court can
formulate opinion only on basis of those facts that are relevant and are brought on record. If
statement of an important witness is not reduced to writing by a police officer, how court can
determine facts that were witnessed by a witness which is not included in the calendar of witnesses
by police officer during submission of challan.

Similarly, omission on part of the police officer to mention the description of crime scene, position of
body and articles found on crime scene can seriously destroy prosecution case.

Usually, police officers do not take into possession crime empties and thus prosecution is deprived of
opportunity to prove an important piece of evidence that can establish link between crime, victim
and suspect.

7. Chain of Custody
It means documentation of evidence from time to time when it was taken into possession describing
time, place or condition, or brief description of item and name of persons/witnesses in whose
presence such articles were taken into possession to its production in laboratory/agency or court. It
also signifies that there should be no unauthorized handling of evidence.

It is very common that proper chain of custody is not maintained and report of expert i-e, ballistic
expert, chemical examiner, serologist become inconsequential which results not only in damage to
prosecution case but also amounts to wastage of time and money consumed in obtaining expert
opinion.

8. Delay
Delay which is unnecessary has fatal impact on fate of Criminal case. Delay on part of police in
sending corpse for postmortem examination, delay in recording statement of witness, delay in
holding identification parade, delay in sending parcels to laboratory for expert opinion are all
considered fatal to prosecution case and this delay is caused by negligence of police.
Remedies
1. Reorganization of investigation wing
An investigator should be authorized to investigate the case on basis of his qualification, experience,
and training. For major offences like murder, rape, forgery/fraud, electronic crimes, kidnapping
investigator should have relevant expertise to investigate that crime.

An investigator who has never conducted investigation in forgery should not be allowed to
investigate that offence instead of this he should be assigned task according to his expertise and
interest and knowledge.

2. Development of investigation protocols

It is very important to develop various protocols in shape of guidelines and instructions or standard
procedures that must be followed in investigation of different offences. For example an investigation
of a murder case should include more than just formality of injury statement and inquest report and
conducting postmortem. various steps of investigation must be described and there should be a
clear policy statement regarding procedure and proceedings of investigation.

Police trainings must be carried out regularly.

3. Development of professional attitude

Police officer should develop professional attitude. Government and our media also play vital role.
Both government and media should stop exploitation and should not interfere with process of
investigation. Media should be briefed only when investigation has been completed. Political parties
should not dictate police officers rather they should be allowed to proceed with investigation
without being influenced. Illegal practices of holding panchayats, formulating opinions of
investigation on basis of oath, and deciding cases in police station must be stopped. It is duty of
police to collect evidence without compromising its integrity and it is duty of court to determine
guilt or innocence on basis of evidence. An investigator is not party to Criminal case. He must be
impartial.

We cannot correct police until we provide honest police officers privilege of not being dismissed on
frivolous grounds and stop safarish and baradari system we are facing two problem one is we
promote baradari culture by giving undue favors and second honest persons are threatened Of being
dismissed from service.

4. Independence of investigation wing

Investigation wing of police must be independent. There should be no interference at level of
investigation. It often happens that media causes exploitation of cases and this causes undue
harassment and biased investigation. Similarly political pressure groups must not be allowed to
approach the officials. Another important aspect in this respect is frivolous registration of cases must
be strongly discouraged.

5. Punishment of investigator for corrupt practices

Investigators who are properly trained and skilled in investigation if destroy evidence or temper it,
they must be punished exemplary to have deterrent effects. However, it must be kept in mind
before punishing an investigator that whether he had willfully caused destruction of evidence or not
because parties may often lodge frivolous complaints against police officers and gross negligence are
sometimes remains unchecked. There must be clear and logical criteria for punishment.

6. Proper Training & Continuous Professional Development

Due to rapid development of technology, investigators must be provided with training and
continuous development. Incentive should be given on basis of merits otherwise they shall further
deteriorate the existing system.