In the name of Allah, the Beneficent, the Merciful.

Muhammad Adeel Anjum

Punjab University Law College.

Abstract: -
This paper discusses the duty and role of police
about collection of evidence, in criminal cases police
as a main investigative agency must inspect, collect
and represent the evidences before court to convict
the accused. What are the latest techniques of
collection of evidences? This research is an attempt
to describe the criminal investigation, how evidences
is collected by police and what happened if evidence
is lost or destroyed? Who is the beneficiary and
what are the impacts of weak investigation by police
on final decisions of courts? Further, what are the
abuses and flaws in criminal investigation and their
consequences? In addition, suggestions and
recommendations to strengthen the criminal
investigation of police are also portrayed in the
paper.
1. Introduction: -
Evidence has most important role in administration of justice.
Basically, evidence is the foundation of justice. The evidences
are produced by the parties so that they can prove their point and
convince the court that they are rightful to get the decision in
their favor. In criminal trials, the prosecution has to prove each
and every element and clue necessary to strengthen its case
beyond a reasonable doubt. The whole case of prosecution is
based on evidence and the courts of law decide the matters
mostly on evidences, without evidence and witnesses court can't
convict any accused on just basis of arguments, so the collection
and presentation of evidence has a very important, significant
and valuable position in any criminal case. In Pakistani criminal
system, the power of investigation and collection of evidence in
case of prosecution rest upon the police as a main investigating
agency, this power of police guaranteed by the supreme law of
the land, Cr.P.C 1898, Q.S.O 1984, High Court Rules and
Orders, The Police Rules 1934 and The Police Order 2002.

2. What is Evidence?
Literally, the word evidence has originated from a Latin
word 'Evidece' which means to prove any fact by legal
resources.
According to Oxford Dictionary:
“ Evidence means the available body of facts or information
indicating a belief or proposition is true or valid.”
=>Definition of Evidence:-
Technically, Article 2(C) of Q.S.O 1984 elaborates that all
statements which the Court permits or requires to be made
before it by witnesses, in relation to matters of fact under
inquiry, such statements are called oral evidence and all
documents produced for the inspection of the court, such
documents are called documentary evidence.
=> Importance of Evidence in Islam:-
In Holy Quran there are some injunctions about importance of
evidence.
1. Conceal not evidence, for whoever conceals it; his heart
tainted with sin. And Allah knows all that you do. (2/283)
2. Whenever you speak, speak justify even if near relative is
concerned; and fulfill the covenant of Allah: (6/125)
3. O'ye who believe; stand out firmly for justice, as witnesses to
Allah; even as against yourself or your parents or your kin; and
whether it be against you rich or poor for Allah can best protect
both. (4/135)

3. What is the Collection of Evidence?

Collection of evidence means that after a criminal event to
investigate that criminal act and gathering of all possible pieces
of evidence relating to that criminal offence from any source is
called collection of evidence. Police has no power to declare any
criminal guilty or innocent as an investigation agency it can only
inspect, collect and present the evidences before court of law.1

4. Who Collect the Evidence?

1. As a Main investigation agency Police is responsible to
collect the evidences in a criminal case.2
2. ISI, FIA, CIA, CID, IB, MI, ATF, CB, SB and prosecutors
and Attorney Generals etc.

1.2010 SCMR 660.

2.PLD 1997 S.C 408.

5. What is the Difference of Collection of Evidence in Civil

and Criminal Cases?
In a criminal case the burden of proof is upon shoulders
of prosecution side.1
So, it’s the duty and responsibility of police to collect the
evidence and present it before a court of law to prove his case
and convince the judge that accused is guilty beyond a
reasonable doubt. If the government does not present enough
evidence, the accused must be found innocent in the eyes of
court.
Generally, In a civil case burden of proof is upon plaintiff who
asserts the particular facts.2
The duty of plaintiff is to establish his own case without any
shadow of doubt, if he don`t do so the case may held against
him.3

6. When investigation begins and purpose of investigation?

Investigation begins when FIR is lodged about cognizable
offence. A Police officer who conducts the Investigation is
called the Investigating Officer. The purpose of investigation is
to collect all pieces of evidence that connect the accused with
the allegations leveled against him in the FIR. 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.4
1.2008 P.cr.LJ 1297, 2008 Y.L.R 508.
2.2001 C.L.C 1192
3.2010 CLC 350
4.1999 P.Cr. L. J. 1831, 1994 Pcr.LJ 744

7. How Evidence is Collected and What is Criminal

Investigation?
=> Definition of Criminal Investigation:-
Before understanding the criminal investigation in Pakistan, it is
important to go through its definition.
There are so many definitions of criminal investigation including the
following:
1. "A lawful search for people and things to reconstruct the
circumstances of an illegal act, apprehend or determine the guilty party,
and aid in the states prosecution of the offender"1
2. “The collection of information and evidence for identifying,
apprehending, and convicting suspected offenders.”2
3.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 authorized by a Magistrate in this behalf.
=>Difference of criminal investigation in cognizable and
non-cognizable cases:-
If crime committed is cognizable (Felony) the FIR would be lodged in
the book concerned and investigation will be carried out by police
without permission of concerned area magistrate according to the law.3
But if the crime is non-cognizable (Misdemeanors) the FIR will not be
lodged in the same book but in an other concerned book which he had to
forward to Illaqa Magistrate for appropriate action because Police had
not been authorized by law to investigate into a non-cognizable case.4
1. Bruce L. Berg and John J. Horgan: Criminal Investigation, 3rd ed.(Westerville: Glencoe/Mc
Graw- Hill) 1998.
2. Elinor Ostrum, Roger B. Park and Gordon P.Whita-Ker: Patterns of Metropolitan Policing
(Cambridge: MA: Ballinger, 1978 p.131.12.
3.2004 Pcr.LJ 387
4.2010 Pcr.LJ (pesh.) 45.
=> Collection of Evidence by Police:-
For collection of evidences the following necessary steps are
taken by the Investigating officer. .
1. Proceeding to the spot.
2. Preparing Inquest Report.
3. Ascertainment of the facts and circumstances of the case.
4. Getting post-mortem examination report from the Medical
Officer.
5. Sending the firearm and the used cartridges found from the
spot to the Ballistic and Fire Arm Expert for examination and
Report.
6. Getting Chemical Examiner’s Report in cases of Poisoning
etc.
7. Getting Serologists Report as to bloodstained earth and
clothes.
8. Getting Finger Print Bureau’s Report in cases of forgery etc.
9. Recording statement of the witnesses under section 161 and
164 of the Code of Criminal Procedure, 1898.
10. 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.
It was observed that Police officer has jurisdiction to investigate
a case in which FIR has been registered under section 154 of the
Cr. P.C. in respective book of police station. Such power of
police officer continues even after submission of Challan in
court.1

1. P.L.D 2005 Karachi 375, P.L.D 1194 S.C 281.

8. Who is the beneficiary of weak investigation by police?
Obviously, accused as a favorite child of law gets the benefit of
weak investigation of police. Burden of proof is upon
prosecution and Police must collect the evidences to convict the
accused, if police fails then the whole benefit goes in the favor
of accused.
9. What are the abuses and flaws of police while collecting
evidence in Pakistan? Discuss its impacts and consequences
on final decisions of courts.
=> Flaws and Abuses: -
Since the emergence of Pakistan, the governments has not
focused on development of criminal justice system to provide
free and fair justice to the people of Islamic Republic of
Pakistan. There are many causes of this menace some important
of them are following;
+ Still investigation of police based on traditional sources.
+ Un-experienced police officers.
+ Corruption.
+ Political involvement in matters of police like posting, transfer
and recruitment.
+ Mostly police officials used by political parties to harass and
intimidate the opponents of ruling party.
+ Lack of efficient training and professional experience.
+ lack of modern facilities.
+ Lack of technology.
+ Lack of New weapons.
+ Lack of scientific instruments according to present era
requirements.
+ Lack of merit in appointment of police officials.
+ Lack of good governance.
+ Malafide investigation for bribe.
+ Practice of submitting incomplete challan reports in court.
+ Common trend that FIRs are registered not accordingly as
crime is committed.
+ Police officers destroy the evidences to save their favorite
party for money.
+ To show extra efficiency for promotion they produce fake
evidences before court of law, ultimately in the end benefit of
doubt goes in the favor of accused.
+ No professional detectives or experts to collect evidences,
and duty is assigned to lower officers by higher officers.
+ Police adopted easy way of heinous and severe torture to
confess the crime by accused rather than proper investigation.
+ Killings during investigation.
+ Criminal cases are sent to the courts without proper
investigation.
+ Now in our society police has become symbol of rigging,
torture, threat and injustice.
+ Lack of professionalism, devotion, dedication, honesty and
hardworking among police officers.
+ Terrorism.
+ No protection to witnesses, judges, lawyers, prosecution and
police itself is not safe from the threats of terrorists.
+ No mechanism for minimization of threats by criminals.
+ Legal department of police as institution is very weak.
+ Lack of trust between Prosecution department and Police.
+ Non-existence of protection system for Witnesses.
+ Poor analytical capacity and strategy of Pakistani police.
+ Inadequate and defective criminal justice systems are another
critical problem.
+ The criminal prosecution system is complex, lengthy and there
are continual delays causing a severe damage to cases in the
courts. The entire process from the lodging of the FIR to the
pronouncement of the verdict is in and of itself a timely
procedure.
+ Forensic, DNA, medical, etc. Testing and investigations are
outdated and ill-managed to conduct investigation.1

10. Impacts on Final Decisions of Courts:-

No doubt, the above mentioned flaws and abuses impact very
badly on final decisions of courts i.e, accused get benefit of
doubt and released on bail frequently in many cases even in
severe nature cases like terrorism. There is a recent example of
Safoora Goth incident in Karachi in which the culprits were on
bail, there are hundreds of examples, whereas Judiciary is bound
to the evidences and the whole case of prosecution is based on
evidence so the courts of law has to decide the matter on
available evidences, without solid evidence and witnesses court
can't convict any accused on just basis of arguments, because
courts have to work on the principle of equity that no innocent
would be convicted while hundreds of guilty accused may be
saved.
11. Suggestions and Remedies: -
These are some remedies to strengthening the criminal
investigation system of Pakistan, it’s for production of free and
fair justice in the society.
=> Any police officers who violate the law and duties during
investigation must be taken punished.
(http://www.academia.edu/1261859/Law_of_Investigation)
When any police officer had failed to perform his duties within
the scope of Art.4 of Police Order, 2002, for such violation
police officer could be punished by Magistrate under Art.155 of
Police Order, 2002 or disciplinary action could be taken by
competent authority of police department as provided under
Art.113 of Police Order, 2002, and appropriate rules.1
=> Police training institutes can play a very important role like
judges training institutes.
=> Awareness in public to support law enforcement agencies.
During investigation of a criminal case co-operation of the
public is of a great importance.
=> All evidence material should be backed up.
=> Pakistan desperately needs reform of its law enforcement
infrastructure.
=> Ensuring security and protection of witnesses, lawyers,
prosecution and judges.
=> New Enactment of criminal laws.
=> Empowering prosecutors to reject weak cases, as well as
specialized training in such fields as integrating it with related
police training programs; or Mandating joint police-prosecutor
committees to oversee investigations.
=>Strengthen the criminal prosecution services and police-
prosecutor coordination.
=> Enhancement of salary of police and prosecution department.
This Enhancement must be attached with good performance.
=> Modernization in investigation by enhancing scientific
collection of evidences like use of DNA test, forensic sciences,
finger printing and many other new scientific instruments.
=> Use of camera and photography of crime scene etc is also
very important, it may be made common to use.
=> DNA has its recognized role in tracing the crime, so it may
be introduced at lower level in criminal cases.
=> The use of modem devices i.e. computer, audio/video for the
preservation of the evidence in criminal investigation.
=> Facilities of frequent transport to reach the crime scene
without delay and to conduct further investigation.
=> Ensuring that the criminal justice system is according to the
present era requirements.
=> Involvement of other higher agencies in investigation is need
of the hour.
=> Coordination between the investigating agencies and sharing
information.
=>Appointment of the trained detectives and other investigating
personnel Officers and establishment of the modem institution to
trained them in various fields of investigation.
=>Availability of investigation kit to immediate save the
evidence available at the crime scene.
=> Renovation and reestablishment of Dog Branch and Foot
Tracking institutions to find out the criminals in Pakistan.

12. Conclusion: -
From all the above discussion and study about criminal
investigation and collection of evidence we can conclude that if
the uniform, solid, sound, profound and strong evidence is
produced by the police in any criminal case before a court in a
trial then the result of that case must be in conviction of accused.
But unfortunately in Pakistan criminal investigation by police is
not so developed or honest to provide original results in the
society. There is a great need to improve it by strengthening
whole the police department, on the scientific basis according to
the requirements of the present era, especially its investigation
system under a research oriented planning and its
implementation.
Bibliography: -
1. The Code of Criminal Procedure, 1898.
2. The Pakistan Penal Code, 1860.
3. Criminology, Justice, Dr. Munir Ahmad Mughal, Muneeb Book House, Lahore,
Pakistan, 2009.
4. Qanoon-e-Shahadat Order, 1984.
5. The Police Order, 2002, Muneeb Book House, Lahore, Pakistan, 2002.
6. Juvenile Justice System Order, 2000, Muneeb Book House, Lahore, Pakistan,
2009
7.The Police Rules, 1934.
8. High Court Rules and Orders
9.Bruce L. Berg and John J. Horgan: Criminal Investigation, 3rd ed. (Westerville:
Glencoe/Mc Graw- Hill) 1998.
10.Elinor Ostrum, Roger B. Park and Gordon P.Whita-Ker: Patterns of
Metropolitan Policing (Cambridge: MA: Ballinger, 1978 p.131.12
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