Complete Police Investigation, Pre Trial Criminal Procedure under section 46 to 176 CRPC
Topics covered in this video :
1-Police Investigation
2-Pre Trial Criminal Procedure
In Pakistan, the Criminal Procedure Code (CrPC) delineates the legal framework for police investigation and pre-trial criminal procedure. Sections 46 to 176 of the CrPC cover various aspects of this process. Here's an overview of the key provisions in these sections:
Complete Police Investigation and Pre-Trial Criminal Procedure (Sections 46 to 176 CrPC - Pakistan):
Overview:
Sections 46 to 176 of the Criminal Procedure Code (CrPC) in Pakistan provide a comprehensive structure governing the stages of police investigation and pre-trial procedures. These sections delineate the powers and responsibilities of law enforcement officers during the investigation of crimes and the subsequent processes leading up to a formal trial.
Key Provisions:
Section 46 - Arrest how made:
Outlines the procedures to be followed by law enforcement officers during the arrest of a person, emphasizing the necessity to respect the individual's rights and dignity.
Section 154 - Information in cognizable cases:
Establishes the process for lodging First Information Reports (FIRs) in cases of cognizable offenses, initiating the official investigation.
Section 161 - Examination of witnesses by police:
Grants the police authority to examine witnesses during the investigation and record their statements.
Section 173 - Report of police officer on completion of investigation:
Requires the police to submit an investigation report to the concerned authorities after completing the inquiry. This report includes details of the evidence gathered.
Section 167 - Procedure when investigation cannot be completed in twenty-four hours:
Allows the police to seek additional time for investigation beyond the initial 24 hours when the suspect is in custody.
Section 172 - Diary of proceedings in investigation:
Mandates the maintenance of a case diary by the investigating officer to record daily proceedings during the investigation.
Section 176 - Inquiry by Magistrate into cause of death:
Empowers magistrates to conduct inquiries into the causes of unnatural deaths, ensuring a thorough examination of circumstances, particularly in cases involving police custody.
Significance:
Legal Safeguards: These sections are designed to safeguard the rights of individuals during the investigative process, setting clear guidelines for arrests, witness examinations, and evidence collection.
Accountability: The requirement for submitting investigation reports and maintaining case diaries ensures accountability and transparency in the conduct of law enforcement agencies.
Judicial Oversight: The involvement of magistrates in inquiries, especially in cases of death, introduces judicial oversight to prevent abuse of power and ensure impartial investigations.
Conclusion:
Sections 46 to 176 of the CrPC in Pakistan serve as a vital legal framework governing police investigations and pre-trial procedures. By balancing law enforcement powers with individual rights and incorporating mechanisms for accountability and oversight, these provisions contribute to the fair and just administration of criminal justice in Pakistan.