Principles of Criminal Investigation
Principles of Criminal Investigation
Principles of Criminal Investigation
A. General Definition
“It is process of collection and analysis of information and evidence to identify and prove the
guilt of an offender”
B. Definition by Scholars
i. "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"
ii. “The collection of information and evidence for identifying, apprehending, and convicting
suspected offenders”
• To identify the offender: The principle purpose of the investigator is to identify the person
who committed the crime
• Collection of Facts incidental to the Case: The investigation is required to collect all relevant
facts incidental to the case
• To sift the wheat from the chaff: This is to sort the valuable things and discard the irrelevant
ones
• To Preserve the Evidence: Evidence is preserved in order to prove the case
• To Draw Conclusions: Investigators draw conclusions from available facts
• To establish the Guilt in Court of Law: The entire exercise is rendered useless if the offender’s
guilt is not proved before the court of law
1. Establish the crime scene dimensions and identify potential safety and health hazards
Locate the focal point and main area of disturbance
Establish a sizeable parameter to cover all physical evidence, it can be a small room to several
kilometers in case of plan explosion etc.
Identify Potential paths of perpetrator entry/exit
Safety is of paramount importance during the initial approach to the scene. Weapons, bio-
hazards, chemical hazards and even international traps could be waiting for responders.
If medical, fire or coroners will be on scene, they will need to be advised regarding evidentiary
issues as well.
“Investigation includes all the proceedings under this code for the collection of evidence
conducted by a police officer who is authorized by a Magistrate in this behalf”
A person cannot assume role of investigator. Investigation can only be done by a police officer or a
person authorized by a Magistrate.
In Pakistan two modes have been provided in Code of criminal procedure, 1898 to set the criminal law in
motion:
1. First Information report (FIR) lodged under section 154 of CrPC, 1898 (as shown in attached
picture, if police does not register an FIR on complainant’s request, complainant can reach
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SP complaints for registering it. After refusal from this end, next step would be to visit
Justice of Peace)
2. Complaint lodged under section 200 of CrPC, 1898
H. Steps of Investigation:
After lodging an FIR/complaint investigation generally consists of the following steps:
2. One can often see the procedure of police at crime scenes in Pakistan; they interrogate the
witnesses first and ignore the crime scene.
3. The tendency among witnesses to retract statements in the courts. The perception that
witnesses are often ‘planted’ by the law-enforcing agencies in order to twist the facts, including
the police, also adds to the problem, as this way the witnesses are likely to change their
statements during cross-examination by defence lawyers
Suggested Reform:
Section 161 Cr. P. C. be amended in order to state the witness remarks along with his/her
signature, so one cannot deny his/her statement.
4. At present the ‘First Information Report’ (FIR) in any case is considered to be the complete case
file by the police as well as the judiciary. This is wrong. The FIR should be considered only as the
initial report. At present a whole case is built on the FIR and the changes made in it eventually
make the whole thing suspicious. And the courts also consider these FIRs as the basis of any case
and because of the faulty investigations the case ends up in a flawed decision,
Suggested Reform:
FIR should just be considered as an initial report. The outcome of the judgement should not be
based on it, rather on the whole investigation carried afterwards.
5. Normally, the police are assigned to carry out investigations in cases of crime. The police are
also required to submit challans against the accused, leaving it to the prosecutors to take on the
legal battle in courts.
Suggested Reform:
If the prosecutors work along with police officers during the course of investigation and the
submission of challan, they can advise the police officers better as to how to set up the case in a
way that the charges can be proved in the court.
What actually happens is that the prosecutors have no choice but to defend the cases prepared
without their knowledge and participation. “As a result, they have low conviction rates.
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6. Investigation is a technical subject to handle. Due to lack of knowledge and know-how, many
cases do not result in proper conviction. Therefore, it can no longer survive under current
policing branch.
Suggested Reforms:
i. According to former IG KP Police Nasir Durrani, “The top most priority of the
government should be to change ‘Police Culture’, completely revamp the police
investigation system and separate it from the police department, hire investigation
specialists who are abreast with the modern and scientific means and manners of crime
investigation and continue training more and more crime investigators in the country”.
ii. An investigator should be authorized to investigate the case on basis of his qualification,
experience and training. For major offences like murder, rape, forgery/fraud, electronic
crimes, kidnapping, investigator should have relevant expertise to investigate that
crime.
An investigator who have never conducted investigation in forgery should not be
allowed to investigate that offence instead of this he should be assigned task according
to his expertise, interest and knowledge.
iii. Due to rapid development of technology, investigators must be provided with training
and continuous development. Incentives should be given on basis of merit.
7. Investigation protocols are not implemented in letter and spirit. For example, an investigation of
a murder case should include more than just formality of injury statement, inquest report
(An inquest report is made primarily to look into the causes of unnatural death) and conducting
postmortem. The described investigation steps must be followed.
8. Lack of proper knowledge of prescribed procedures to conduct investigation. Investigation is a
failure in our country due to lack of knowledge, proper training and development of skills.
Common examples of lack of knowledge and skills that results in failure of investigation are:
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i. Lack of knowledge of different provisions of law especially when offence falls under
different jurisdictions e.g. provision of Anti-terrorism Act, or provisions of sec. 5(2) of
Prevention of Corruption Act 1947.
ii. Lack of knowledge as to offense falls under what jurisdiction and which agency shall
hold investigation.
iii. Lack of training to collect biological and other evidence at crime scene and due to
improper collection important evidence at crime scene is contaminated before it
reaches laboratory for analysis and consequently important evidence is either lost or
compromised at crime scene.
9. Delay which is unnecessary has fatal impact on fate of Criminal case. Delay on part of police in
sending corpse for postmortem examination, delay in recording statement of witness, delay in
holding identification parade, delay in sending parcels to laboratory for expert opinion are all
considered fatal to prosecution case and this delay is caused by negligence of police.
Suggested Reform:
Police should be given proper manpower alongwith other resources so that they can meet the
deadlines as mentioned in investigation protocols.
10. Considering 2017-18 budget, Punjab Police was allocated Rs. 203.3 million as costs of
investigation for 449,532 cases investigated in the same period, which comes to Rs. 452 per
investigation.
Suggested Reform:
According to a report prepared by former IGP KPK and Punjab Mr. Abbas Khan on directions of
Federal Ombudsman, “Each Police Station needs an additional amount of Rs. 7.00 lacs beyond
what the budget provides it to cater for the fuel, utilities, maintenance and investigation cost. It
is currently fully or partially generated ‘off the ground’ by the Police Station illegally (through
public etc)”.
The allocation for costs incurred on investigations must be rationalized and it must be ensured
that the money is provided to the investigation officers in advance so that they do not shift the
burden to the public
11. It happens that media causes exploitation of cases and this causes undue harrasment and biased
investigation. Similarly political pressure groups must not be allowed to approach the officials.
Illegal practices of holding panchayats, formulating opinions of investigation on basis of oath,
and deciding cases in police station must be stopped. It is duty of police to collect evidence
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without compromising its integrity and it is duty of court to determine guilt or innocence on
basis of evidence. An investigator is not party to Criminal case. He must be impartial.
Suggested Reform:
Investigation wing of police must be independent. There should be no interference at level of
investigation. Media should be briefed only when investigation has been completed. Political
parties should not dictate police officers, rather the police officers should be allowed to proceed
with investigation without being influenced.
12. It is often a common problem that investigators are involved in corrupt practices.
Suggested Reform:
Investigators who are properly trained and skilled in investigation if destroy evidence or temper
it and benefits any party, and if their involvement is proved, they must be punished exemplary
to have deterrent effects.
13. Shortage of laboratories:
Details attached in below Main Heading “ Situation of Forensic Investigations in Pakistan”
Suggested Reform:
There is a need to increase the capacity and number of the Forensic laboratories across the
country as current facility is insufficient keeping in mind the large number of cases coming from
big population of Pakistan
teaching and training facilities throughout Pakistan. Subsequently, two provincial forensic science
institutes were established in Punjab and Khyber Pakhtunkhwa (KP).
National Forensic Science Agency (NFSA) has its own CSU working at Islamabad covering most of the city
and its nearby areas like Rawalpindi district and some part of Attock district.
United Nations Office on Drugs & Crime (UNODC) in collaboration with Government of Norway:
They have handed over state-of-the-art Crime Scene Vehicles (CSVs) to Gujranwala Police on October 12, 2020, in
order to enhance their capacity in crime scene investigation.
In Khyber Pakhtunkhwa, crime scene investigation process is usually handled by the local policemen.
Sindh Province:
In Sindh province of Pakistan, crime scene investigation units are not yet available and crime scene
processing is mostly done by the local policemen, however, significant efforts are being made by the
local government in this regard.
i. DNA and serology-based testing facility is available in Jamshoro, Sindh
ii. Karachi police have a forensic investigation wing for evidence processing
iii. Forensic Science Laboraory, in Karachi, has been established in August, 2019, at Karachi
University. This laboratory has started functioning and it is performing casework on DNA
and serology-based testing.
In Sindh province, Sindh Forensic Science Agency act was passed on August, 2017, but so far no
implementation has been done in this regard.
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Balochistan Province:
In the Balochistan province of Pakistan, the FSL in Quetta is performing casework mostly based on
traditional techniques. Despite the approved act (the Balochistan Forensic Science Agency Act of 2015)
for the establishment of the forensic laboratory in Baluchistan province, no progress has been made in
that regard.
In Feb, 2018, United Nations Office on Drug and Crime (UNODC) has provided two modern mobile CSU
to Balochistan for capacity building of crime scene investigation process in the province.
In Mar, 2019, Governor Balochistan Justice (R) AmanUllah Yasinzai stressed the formation of Forensic
Science Laboratory equipped with DNA testing at Balochistan University of Information Technology,
Engineering and Management Sciences (BUITEMS).
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Intelligence Operations
“An intelligence operation is the process by which governments, military groups, businesses, and
other organizations systematically collect and evaluate information for the purpose of discovering the
capabilities and intentions of their rivals”
With such information, or intelligence, an organization can both protect itself from its adversaries and
exploit its adversaries' weaknesses.
2. Military intelligence
Military intelligence is produced by specially trained military or civilian analysts and usually
includes the strengths, weapons technology, and estimated military capabilities of actual or
potential enemies.
3. Industrial intelligence
Industrial intelligence is information gathered by a business firm concerning its rivals in the
marketplace.
4. Political intelligence
Political intelligence, as practiced in the United States, is usually concerned with ascertaining the
campaign strategy of a political opponent. Political intelligence can also apply to the efforts of a
ruler to uncover conspiracies.
5. Counter Intelligence
Counterintelligence embraces the wide variety of activities undertaken to forestall an
adversary's intelligence efforts. This is accomplished by physically protecting one's own sensitive
information and by penetrating and disrupting hostile intelligence organizations.
The collection of raw intelligence is not an end in itself. Raw intelligence must be combined with related
data, significant information must be identified, and extraneous material ("noise") deleted.
Computerized data storage systems aid greatly in bringing together the related pieces of information
that make up a complete intelligence picture. Human intuition and creativity play important roles in
developing the "informed guesses" that fill gaps in the picture. This process of digesting raw
intelligence, known as evaluation, yields a product that is usable by policymakers. It is up to the
policymaker to utilize the intelligence that he or she receives in a timely and responsible manner.
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Examples (Optional)
One of the greatest intelligence achievements in history, the British "Ultra secret" of World War II,
clearly illustrates the relationships that exist among collection, evaluation, and utilization of intelligence.
The collection phase of "Ultra" consisted of intercepting coded German radio messages (which had been
encrypted by their Enigma machine) and passing them through a secret computer like device that
rendered them into clear German. The evaluation phase involved translating the messages and fitting
them together to build up patterns of German military activity. This intelligence was then transmitted
secretly to Allied officials and commanders for utilization on the battlefield. Similarly successful
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intelligence operations contributed to such major historical events as the English defeat of the Spanish
Armada in 1588, the 1917 Zimmermann Telegram incident during World War I, and the U.S. naval
victory at the Battle of Midway in 1942, during World War II.
Conversely, the Japanese surprise attack on Pearl Harbor in 1941 demonstrates the price of intelligence
failure — more specifically, the failure to evaluate fully and act upon abundant raw intelligence. Other
infamous intelligence failures include the unpreparedness of the Soviet Union to meet the German
invasion of 1941, the Bay of Pigs fiasco of 1961, and the 1972 Watergate break-in, which represented a
political intelligence operation gone badly awry. In part, the unhappy U.S. involvement in the Vietnam
War can be blamed on the failure to act on intelligence warnings against U.S. intervention.
Database Investigations
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