As we know that the Code of Criminal Procedure is a procedural law which provides the

procedure for application of the substantive criminal law which is the Pakistan Penal Code. The
Code of Criminal Procedure consists of many parts out of which i have chosen Chapter XIV for
my assignment. This chapter starts from section 154 and ends with section 176. This chapter is
related to the procedure of Information to the Police and their powers to investigate. Under this
chapter, Police has been invested with a lot of powers and also they are subjected to some legal
formalities which they must comply with. Such as the presentation of the accused before the
magistrate and submitting reports to the magistrate. In the following i would try to analyze from
section 154 to 173.
Section 154: Information in cognizable cases:
As we know that in criminal law, offences are of two categories. They are either
 Cognizable offences.
 Non-cognizable offences.
Cognizable offences are those offences in which Police can take action without a warrant from
the magistrate. So under section 154, whenever police receives information from anyone which
is related to the commission of a cognizable offence, the S.H.O may himself or he may order any
other police officer to reduce that information to writing if that information is given orally. After
the information has been reduced to writing, it shall be read over to the informant and such
informant shall sign the information given by him. It must be noted that the person who is giving
information may give information in writing as well.
The substance of such information shall be entered in the register kept by police for this purpose.
The section provides that such register shall be kept by such officer in such form as the
provincial government may prescribe in this behalf. Such register is called ‘Station Diary’ or
‘Station House Register.
This section is basically intended to provide the procedure for initiation of a Criminal Case
through F.I.R.
The word F.I.R has not been defined anywhere in the Code. F.I.R stands for First Information
Report. A Criminal Case is initiated in two ways. Either by an F.I.R in the Police Station or by
an Application before the magistrate. Section 154 provides for the initiation of Criminal Case
through F.I.R.
Section 155: information in non-cognizable cases:
As i have mentioned above that a non-cognizable offence is one in which generally police cannot
take action without the order of a magistrate. So this section provides for the procedure in case
where information relating to commission of a non-cognizable offence is brought to the police.
Whenever any person informs the police regarding the commission of a non-cognizable offence
within it’s limits, the S.H.O shall enter the information in it’s register intended for this purpose
and shall refer the informant to the magistrate.
Investigation in non-cognizable cases:
This section also provides the procedure in which investigation has to be Carried out in non-
cognizable case.
It states that Police can conduct investigation in case of a non-cognizable case only with the
order of magistrate and not otherwise.
The Police officer receiving orders of the magistrate for investigation shall exercise such powers
as an S.H.O would have in a cognizable case, however such officer cannot make an arrest
without warrant.
This section puts a bar on the police to investigate a non-cognizable case unless the court orders
for investigation. On the contrary, in cognizable Cases police has the power to conduct
investigation without the order of magistrate.

Section 156. Investigation into cognizable cases:

This section provides that the S.H.O may conduct investigation in a cognizable case without the
order of magistrate. Once F.I.R has been lodged, the Police can start inquiry into the case.
The proceeding of a police officer with respect to investigation made by him shall not be
questioned at any stage on the ground that such police officer was not empowered to make such
investigation.
This section also provides that the magistrate may order an investigation in a cognizable case. So
it is clear thay the police can make investigation on it’s own and the magistrate also is
empowered to compell police for investigation.
For example:
A murder is committed and a person is arrested for having committed the murder. Hence, it is a
cognizable offence, the police has the power to start investigation without the orders of the court.
But the police shall present the arrested person before the magistrate. The police may ask for
custody and police shall submit it’s final report before the court within 14 days.

Section 160: Power of police to require attendance of witnesses:

Under this section, any police officer who is investigating a case, may by a written order require
the attendance of persons whom he thinks to be acquainted with the case being within the local
limits of his own station or any adjoining station and such persons shall attend as so required.
Example: Mr Khan a sub inspector investigating in a 302 case requires Ibrahim to appear before
him. Ibrahim is bound to attend as required by the investigating officer.
Section 161: Examination of witnesses by police:
Under this section, the investigating officer may examine any person orally who is supposed to
be acquainted with the facts and circumstances of the case. It means that the investigating officer
has the power to record statements under this section.
The person who is being examined by the investigating officer shall be bound to answer all the
questions pit before him by the officer relating to the case. However, such person is not bound to
answer questions which would have a tendency to expose him to a criminal charge or to a
penalty or forefeiture.
For example:
A person is asked whether he was present at the spot of occurrence or not? He is bound to
answer this question because it would not expose him to a criminal charge because mere
presence at the spot does not constitute an offence. However, if he is asked whether he
committed murder , he is not bound to answer that because it would expose him to a criminal
charge. Confession before the police however has no leval standing unless the accused confess
before the magistrate.
When the police officer records the statements made to him in writing in the course of
examination, he shall make a separate record of the statements of each person whose statement
he records.
Section 162: Statements to the Police not to be signed, use of such statements in evidence:
As per this section, any statement which is made by a person to the police and that is reduced
into writing, shall not be signed by the person making the statement.
Such statements or any record thereof whether in police diary or otherwise or any part thereof
shall not be used for any purpose at any inquiry or trial in respect of any offence under
investigation at the time when such statement was made. There are few exceptions to this rule.
When any witness is called for the prosecution in such inquiry or trial whose statement has been
reduced into writing, the court shall on the request of the accused, refer to such writing and direct
that the accused be furnished with a copy fhereof, in order that any part of the statement if
proved may be used to contradict the witness. When any such part is used, such part may also be
used In the re-examination of such witness, but for purpose only of explaining any matter
referred to in his cross examination.
For example: Ibrahim is a witness in a 302 case against Ismail. Ibrahim records a statement
before the police that i saw ismail shooting the deceased at day time. Later in trial, ibrahim says
that he saw ismail shooting at night time. So his statement before the police can be referred to on
the request of ismail to contradict him.
164: Power to record statements and confessions:
A magistrate of first class, and a magistrate of second class specially empowered by Provincial
government in this behalf, may record any statement or a confession made to him, by any person
otherwise than a police officer, during the course of investigation or after the completion of
investigation but before the commencement of inquiry or trial.
Such confession or statement before the magistrate is admissible in court and such will be used
against the person making it as evidence during the trial.
If the statement is being given by a witness, the statement may be made in presence of the
accused and the accused be given a chance of re-examination of the witness making the
statement.
Such statements shall be recorded in such a manner which suits best to the circumstances of the
case and such confession shall be recorded in the manner prescribed by section 364.
After the statement or confession is recorder, it shall be forwarded to the magistrate by whom it
is to be inquired into or tried into.
A magistrate shall, before recording any such confessions explain to the person making it that he
is not bound to make a confession and that if he does so it may be used against him as evidence.
A magistrate shall not record any such confession unless, upon questioning the person making it,
he has reason to believe that it was made voluntarily and when he records any confession, he
shall make a memorandum at the foot of such record to the following effect.
“ I have explained to the person that he is not bound to make a confession and that, if he does so,
any confession he may make may be used as evidence against him and I believe that the
confession was voluntarily made. It was taken in my presence and hearing, and was read over to
the person making it and admitted by him to be correct, and it contains a full and true account of
the statement made by him.”
It shall be signed by the magistrate.
the confession is made before the magistrate, the accused shall Be released from police custody
and be sent to the judicial lock up.

167: Procedure when investigation cannot be completed within twenty four hours:
As we know that no one should be detained for more than 24 hours without the orders of a
magistrate. So if it appears to an investigating officer that an accusation against the accused is
well founded but the investigation cannot be completed within 24 hours, he shall transmit the
copy of entries in the diary along with the accused to the nearest magistrate.
The magistrate to whom an accused person is forwarded under this section, may from time to
time authorize the detention of such accused for a period which is fit but not exceeding 15 days
in the whole.
If the magistrate has no jurisdiction to try the case or send it for trial, and he thinks the detention
unnecessary, he may order the accused to be forwarded to a magistrate having such jurisdiction.
Only magistrate of first class or a magistrate of second class specially empowered by Provincial
government in this behalf shall authorize the detention of a person in police custody.
A magistrate authorizing under this section the detention in the custody of police shall record his
reasons for so doing.
The magistrate giving such order shall forward a copy of his order with his reasons for making it
to fhe session judge.
The officer in charge of the prison shall make appropriate arrangements for the admission of the
investigating officer into the prison for the purpose of interrogating the accused.
If for the purpose of investigation, it is necessary that the accused be taken out of the prison, the
S.H.O or I.O shall apply to the magistrate for permission, and the magistrate may allow him but
he must write the reasons in record. The accused shall be taken out of the prison accompanied by
a female police officer appointed by the magistrate.
Accused shall not be kept out of the prison while in the custody of police between sunset and
sunrise.
169: Release of accused when evidence deficient:
When it appears to the investigating officer or the S.H.O during investigation that there is no
sufficient evidence or reasonable grounds of suspicion to justify the forwarding of accused to the
magistrate, suxh officer shall,if such person is in custody, release him on executing a bond with
or without sureties as such officer may direct to appear if and when before a magistrate
empowered to take cognizance of the offence on a police report and to try the accused or send
him for trial.

170: cases to be sent to Magistrate when evidence sufficient:

If it appears to the officer in charge of the police station upon investigation that there is enough
evidence and grounds for suspicion such officer shall forward the accused in custody to the
magistrate empower3d to take cognizance of the offence on police report and to try it or send
him for trial or if the offence is bailable, he shall take security from the accused and release him
and direct him to appear before the magistrate on the fixed date.
When the officer in charge of the police station forward an accused to a magistrate or take
security For his appearance before such magistrate be shall send to such magistrate any weapon
or other article which it may be necessary to produce before him, and shall require the
complainant if any and so many people who appears to such officer to be acquainted with the
circumstances of tha case as he may think necessary, to execute a bond to appear before the
Magistrate as thereby directed and produce or give evidence.

172: Diary of proceedings in investigation:

Every police officer making an investigation under this chapter shal day by bay enter his
proceedings in the investigation in a diary setting forth the time at which the information reached
him, the time at which he began and closed his investigation, the place and places visited by him,
and a statement of the circumstances ascertained through his investigation.

173: Final Report by the police officer:

This section says that every investigation under this chapter shall be completed without
unnecessary delay and as soon as it is completed, the officer in charge of the police station shall
forward the report to the Magistrate empowered to take cognizance of the offence on police
report, through the Public Prosecutor, in the form prescribed by the Provincial Government.
The final report shall contain
 Names of the parties i.e complainant and respondent
 The nature of the information and the names of persons who appear to be acquainted with
the circumstances of the case
 It shall state that whether the accused if arrested has been forwarded in custody or has
been released on his bond, and if so, whether with or without sureties.
The Officer in charge of the police station shall also communicate to the person by whom the
information was first given in such manner whixh may be prescribed by Provincial government.
If the investigation is not completed within a period of fourteen days from the date of recording
of the first information report under section 154, the officer in charge of the police station shall
within three days of expiration of such period forward an interim report to the magistrate through
public prosecutor in the form prescribed by Provincial Government in which the results of the
investigation shall be stated and the court shall commence the trial on the basis of such interim
report, unless, for reasins to be recorded, the court decides that the trial should not so commence.
If the police has released the accused on his bond, the magistrate may make such order for the
discharge of such bond or otherwise as he thinks fit.
A copy of this report shall be furnished to the accused on his application before the
commencement of inquiry or trial.
On the basis of final report, charges are framed.