Article 9: Stages of Investigation under the Code of Criminal Procedure (CrPC) 1898 in Pakistan

S.M. ZULKUFIL HAIDER & CO.
Advocates & Barristers-at-law
www.zulkufilhaiderandco.com


Stages of Investigation under the Code of Criminal Procedure (CrPC) in Pakistan

An investigation is the initial phase of a criminal case, focused on verifying whether an offence has been committed and identifying the person(s) responsible. In Pakistan, the procedure is governed by the Code of Criminal Procedure (CrPC), 1898, primarily Sections 154 to 173.

This article outlines the standard stages of criminal investigation.


🔹 1. Filing of FIR (First Information Report) – Section 154

The process begins when the police receive information about a cognizable offence. If the offence is serious (e.g., murder, robbery), the police are bound to register an FIR and initiate investigation.


🔹 2. Site Visit and Collection of Evidence – Section 157

The Investigation Officer (IO) visits the crime scene, collects evidence, and prepares a site inspection memo. Evidence may include:

Photographs

Fingerprints

Blood samples

Weapon recovery

CCTV footage


🔹 3. Examination of Witnesses – Section 161

The IO records statements of witnesses. These are not signed and do not have evidentiary value unless the witness testifies in court later.


🔹 4. Statement before Magistrate – Section 164

In some cases, key witnesses or the accused may record a confessional or witness statement before a Magistrate, which is admissible in court.


🔹 5. Arrest and Custody – Section 54 & 167

The police may arrest a suspect without a warrant in cognizable offences. After arrest:

Accused must be presented before a Magistrate within 24 hours

The court may grant physical remand (custody with police) or judicial remand (custody in jail)


🔹 6. Medical Examination

In offences involving violence, sexual assault, or injury, the police obtain a medico-legal report (MLR) from a government hospital.


🔹 7. Recovery and Forensics

Police may recover weapons, stolen property, or tools and send items for forensic analysis, such as:

Fingerprints

DNA

Ballistics

Digital data


🔹 8. Preparation of Challan (Final Report) – Section 173

Once investigation is complete, police submit a challan (charge sheet) to the Magistrate. This may be:

Complete Challan – with sufficient evidence

Incomplete Challan – if investigation is pending

Cancellation Report – if no offence is made out

The court takes cognizance upon receiving the challan.


🔹 9. Post-Investigation: Framing of Charges

After submission of challan, the trial begins with the framing of charges if a prima facie case exists. The court decides whether to proceed or discharge the accused.


✅ Key Points to Remember:

FIR is the basis of investigation, not proof of guilt

Arrest is not mandatory in every case

Confessions must be recorded before a Magistrate to be valid

Delay in investigation or defective investigation can weaken prosecution

The accused has the right to remain silent and seek bail during investigation


Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For legal assistance specific to your situation, please consult a qualified lawyer at S.M. Zulkufil Haider & Co.


S.M. ZULKUFIL HAIDER & CO.
www.zulkufilhaiderandco.com

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