Enhancing the Scope of Investigation in Pakistan’s Criminal Justice System: A Comprehensive Case Study

Abstract

The investigation process is the foundation upon which the edifice of criminal justice is built. Effective investigation hold offenders accountable, provide relief to victims and their families, deter future crimes, enhance peace and stability, improve a state’s standing in the international community, and most importantly, foster a sense of justice in society. The investigation plays a crucial role in discovery of the truth in a criminal case. No doubt the primary responsibility for criminal investigation lies with the police force of any state, however, it is not limited to the police. The Code of Criminal Procedure (Cr.P.C) 1898 grants criminal courts in Pakistan the authority to assign the task of investigation or inquiry to Magistrates, Justice of Peace, private persons (natural or legal), or the police. However, despite instances where superior courts have expressed skepticism regarding the honesty and competence of the police, a dedicated alternative mechanism for investigation has not been developed. Consequently, this has led to a de facto monopoly of police in conducting criminal investigations, despite judicial concerns. Moreover, higher courts have restricted the scope of investigation by defining it narrowly as ‘merely the collection of evidence’. In contrast, foreign jurisdictions view investigation as a process conducted by police officers to determine whether a person should be charged with an offence or whether a charged person is guilty. This restrictive approach not only limits the effectiveness of investigations but also impedes the prosecution of offenders, akin to the challenges posed by poor quality of investigation.