Defective Investigation leads to Injustice - An Overview of Pakistani Context

Abstract

Investigation plays a crucial role in any criminal case. If this step is performed negligently the prosecution will fail to prove its case beyond a reasonable doubt. This paper will provide an overview of the criminal investigation process in Pakistan and highlight the reasons for the defective investigation. The criminal justice system consists of mainly four elements the police, the prosecution, the judiciary, and the defence lawyer. (Rajput, 2020) To provide expeditious justice, every organ of the criminal justice system must work efficiently. To set CJS into motion, a complainant may file a complaint or lodge an FIR against an accused person. After the registration of an FIR in cognizable cases, the process of investigation starts. The IO daily record the progress of the case in daily dairy maintained under section 172 of Cr.P.C. Within the period of 14 days, an investigation officer is bound to submit a police report under section 173 of Cr.P.C. If he fails to do so he will after the expiration of 3 days submit an interim report. The court may continue with the trial or postpone it until the submission of the final report.

The IO is empowered to make searches and arrests under Cr.P.C. After making an arrest an IO is bound to present the accused before the magistrate within 24 hours of arrest. Cases are defectively investigated due to many reasons like lack of access to modern technology, the burden of work, false accusations, and politicizing of police. A necessary policy should be made and implemented to strengthen the investigation process in Pakistan. A poor investigation will generally give the benefit of doubt to accused persons. Our IOs are not experts in managing crime scenes. They lack basic techniques for identifying the evidence at the crime scenes. Moreover, the most crucial evidence present at the crime scene was wasted due to a lack of preservation techniques. Along with that, the investigators lack the basic knowledge about interrogation techniques used to extract important information from the accused. The only technique our IOs are using is third-degree treatment.

The recruitment process for investigators needs to be revamped. The educational background of the candidates must be given regard while appointing them. Lack of proper training is also contributing as an essential factor in the defective investigation. This research article will firstly provide the process of criminal investigation in Pakistan and secondly, it will highlight the most common reasons for the defective investigation.