Every information relating to the commission of a cognizable offence if given orally to an officer in-charge of police-station, shall be reduced to writing by him or under his direction and be read over to the information; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the [Provincial Government] may prescribe in his behalf.
INFORMATION IN COGNIZABLE CASES.
When information is given to officer-in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the Magistrate.
INVESTIGATION OF NON-COGNIZABLE CASES.
No police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case [or send the same for trial to the Court of Session.]
any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in-charge of a police-station may exercise in a cognizable case.
INVESTIGATION INTO COGNIZABLE CASES.
- Any officer in charge of a police station may, with out the order of a Magistrate, investigation any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter XV relating to the place of inquiry or trial.
- No proceeding of a police-officer in any such case shall at any stage be called n question on the ground that the case was one which such officer was not empowered under this section to investigate.
- Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
- Notwithstanding anything contained in subsection (1), (2) or (3), no police-officer shall investigate an offence under section 497 or section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed.
WHERE POLICE IN CHARGE SEES NO SUFFICIENT GROUND FOR INVESTIGATION.
In each of the cases mentioned in clauses(a) and (b) of the proviso to subsection (1), the officer in charge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that subsection[and in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the [provincial government], the fact that he will not investigate the case or cause it to be investigate].
- Every report send to the Magistrate under section 157 shall if the Provisional Government so directs, be submitted through such superior or officer of police as the [Provincial Government] by general or special order, appoints in that behalf.
- Such superior officer may give such instructions to the officer in-charge of the pole-station as he think fits and shall after recording such instructions on such report transmit the same without delay to the Magistrate.
POWER TO HOLD INVESTIGATION OR PRELIMINARY INQUIRY.
Such Magistrate on receiving such report, may direct an investigation or if he think fits, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into or otherwise to dispose of, the case in manner provided in this code.
EXAMINATION OF WITNESSES BY POLICE.
- Any police officer making an investigation under this chapter or any police-officer not below such rank as the [provincial government] may, by general or special order, prescribe in this behalf, acting in the requisition of such officer] may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
- Such persons shall be bound to answer all questions relating to such case put to him by such officer, other than questions thee answers to which would have tendency to expose him to a criminal charge or to a penalty or forfeiture.
- The police officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so he shall make a separate record of the statement of each such person whose statements he records.]
POWER TO RECORD STATEMENTS AND CONFESSIONS.
- Any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the [Provincial Government] may, if he is not a police officer] record amu statement or confession made to him in the course of an investigation under this chapter or any time after-wards before the commencement of the inquiry or trial.
- Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried.
- [I have explained to (name) 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 this 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.
SEARCH BY THE POLICE OFFICER.
- Whenever an office in-charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may after recording in writing the grounds of his belief and specifying in such writing, so far a possible, the thing for which search is to be made, for such thing in any place within the limits of such station:
provided that no such officer shall search, or cause search to be made for anything which is in the custody of a bank or banker as defined in the bankers’ books evidence act, 1891 (XVIII of 1891) and relates, or might disclose any information which relates, to the bank account of any person expect–
- for the purpose of the investigation an offence under section 403, 406, 408 and 409 and sections 421 to 424 ( both inclusive) and sections 465 to 477-A( both inclusive ) of the Pakistan penal code with the prior permission in writing of a session judge; and
- in other cases, with the prior permission in writing of the High Court.
- A police-officer proceeding under subsection (1) shall, if practicable, conduct the search in person].
- If he is unable to conduct the search in person and there is no other person competent to make the search present a the time he may after recording in writing his reasons for so doing require any officer subordinate to him to make the search and he shall deliver to such subordinate officer an order in writing specifying the place to be searched, and so for as possible the thin for which search is to be made and such subordinate officer may thereupon search for such thing in such place.
- The provisions of this code as to search warrants and the general provisions as to searches contained in section 102, and 03 shall, so for as may be, apply to a search made under this section.
- Copies of any record made under subsection (1)or subsection (3)shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupied of the place searched shall on application be furnished with a copy of the same by the Magistrate.
WHEN OFFICER IN-CHARGE OF POLICE-STATION REQUIRE ANOTHER TO ISSUE SEARCH WARRANT.
- An officer in-charge of a police-station [or a police-officer not being below the rank of sub-inspector making an investigation] may require an officer in-charge of another police-station, whether in the same or a different district to cause a search to be made in any place, in any case in which the former officer might cause search to be made, within the limits of his own station.
- Such officer, on being so required shall proceed according to the provision of section 165 and shall forward the thing found, if any, to the officer at whose request the search was made.
- Whenever there is reason to believe that the delay occasioned by requiring an officer in-charge of another police-station to cause a search to be made under subsection (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in-charge of a police-station or police-officer making an investigation under this chapter to search or cause to be searched, any place in the limits of another police-station, in accordance with the provisions of section 165, as if such place were within the limits of his own station.
- Any officer conducting a search, under subsection (3) shall forthwith send notice of the search to the officer in-charge of the police-station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence copies of the records referred to in section 165,subsections (1) and (3).
- The owner or occupier of the place searched shall on application be furnished with a copy of any record sent to the Magistrate under subsection (4); provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.
ADVOCATE, IMRANA HANIF