The investigation process is the foundation on which the edifice of criminal justice is erected. The efficacy of a nation's criminal justice system is fundamentally reliant on the quality of its criminal investigations. Illustratively, it is during the investigation phase that the foundational elements of a case are established, evidence is gathered, facts are ascertained, and the initial steps towards holding perpetrators accountable are taken. In Pakistan, a country grappling with diverse security and criminal challenges, an effective investigative framework is not just desirable but essential for maintaining social order and upholding citizens' rights. This editorial explores the current landscape of criminal investigation in Pakistan, identifying its deep-rooted challenges and proposing pathways toward transformative reform.
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The Legal Scaffolding: Codes and Procedures
Pakistan's criminal investigation primarily operates under the Code of Criminal Procedure, 1898 (CrPC), and the Pakistan Penal Code, 1860 (PPC), with the Qanun-e-Shahadat Order, 1984, governing evidence. While these laws provide a procedural framework, their colonial origins and subsequent piecemeal amendments often struggle to address contemporary criminal complexities. According to a report by the Law and Justice Commission of Pakistan, “The existing criminal justice system, including its investigation component, requires substantial modernization to meet contemporary challenges.” In this regard, the reliance on outdated provisions often hampers the adoption of modern investigative techniques and contributes to procedural inefficiencies that bog down the entire justice delivery pipeline.
Criminal Investigation: From FIR to Challan
First, the investigative process in Pakistan typically commences with the registration of a First Information Report (FIR) under Section 154 of the CrPC. This is followed by the Investigating Officer (IO) visiting the crime scene, collecting evidence, recording witness statements (under Section 161 CrPC), arresting suspects, and conducting interrogations. Furthermore, the investigation phase also involves forensic examinations, seizure of evidence, and analyzing available information to establish the facts of the case. Throughout the process, the IO adhere to legal procedures to ensure the rights of suspects are protected while gathering sufficient evidence for prosecution. The culmination of this process is the submission of a final report (challan/charge-sheet) under Section 173 CrPC to the competent court.
Challenges Faced by Criminal Investigations in Pakistan
1. The Scourge: Resource Scarcity
One of the most glaring challenges confronting criminal investigation in Pakistan is the chronic and severe lack of resources, including human, financial, and technological allocated to police departments. Additionally, police stations are often understaffed, and Investigating Officers (IOs) are burdened with an unmanageable caseload alongside other routine policing duties. According to the Human Rights Commission of Pakistan (HRCP) report, “Many police stations lack basic investigation kits, vehicles, and funds for operational expenses, forcing IOs to often bear costs themselves or rely on complainants.” This report highlights the dire scarcity cripples their ability to conduct thorough, timely, and scientific investigations, leading to a reliance on outdated methods and coerced confessions. Thus, scarcity of resources becomes a major hurdle in criminal investigation in Pakistan.
2. Forensic Science: The Achilles' Heel
Second, Pakistan's forensic capabilities, while improving in some areas, remain largely inadequate and inconsistently accessible across the country. This shortfall hampers the timely and accurate investigation of crimes, often leading to the loss of critical evidence. For example, statistics from Punjab Forensic Science Agency (PFSA) show that a backlog in DNA analysis or ballistics, and reports from other provinces often lament the absence of even basic forensic labs, leading to evidence being sent to Punjab, causing delays and chain of custody concerns. Moreover, forensic laboratories are often plagued by limited resources, outdated equipment, and a lack of standardized procedures. Thus, the disparity in forensic facilities between urban and rural areas further exacerbates the problem in investigation process.
3. Pursuers of Truth: Witness Security
Finally, Pakistan lacks a robust and consistently implemented witness protection program. Witnesses often face intimidation, threats, or actual harm, leading them to retract their statements or refuse to testify. As stated in a United Nations Office on Drugs and Crime (UNODC) Report on Pakistan's justice system, “Effective witness protection is paramount; without it, even the most well-investigated cases can collapse in court due to witness intimidation.” Without adequate security and support, citizens are understandably reluctant to come forward with crucial information, leaving investigators reliant on circumstantial or often weaker forms of evidence. Hence, the absence of a robust and consistently implemented witness protection program severely undermines criminal investigations.
Reforming Criminal Investigation: The Way Forward
1. Investing in Human Capital
The foremost reform should be a massive investment in the human capital of investigative agencies. This involves recruiting qualified individuals, offering competitive remuneration, and, critically, providing continuous, specialized training in modern investigation techniques, forensic evidence collection, crime scene management, interrogation skills, and cybercrime. According to a report by Police Reform Commission, "The establishment of dedicated, well-trained, and adequately resourced investigation wings, separate from general policing duties is essential for improving investigative outcomes." Furthermore, such specialization would allow IOs to develop deep expertise. Therefore, strengthening inter-agency collaboration and leveraging advanced technology should enhance investigative capabilities.
2. Elevating Forensics to a National Priority
Next, a paradigm shift is needed in how forensic science is integrated into the criminal justice system. This requires establishing a network of accredited, state-of-the-art forensic laboratories at provincial levels. For instance, the success of the Punjab Forensic Science Agency (PFSA), which reportedly processes hundreds of thousands of pieces of evidence annually, serves as a model, but its replication and sustained funding across Pakistan are crucial. Furthermore, standardized protocols for crime scene management and evidence collection should be enforced to ensure the integrity of forensic evidence from collection to court presentation. Thus, forensics science should play a crucial role in criminal investigation betterment.
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3. Strengthening Witness Protection in Pakistan
Moving forward, Pakistan should develop and implement a comprehensive, transparent, and well-resourced witness protection program. This should include legal frameworks that guarantee the safety and confidentiality of witnesses, along with tangible security measures, such as police protection, relocation assistance, and psychological support. For example, International best practices, including dedicated witness protection laws modeled after successful programs in countries like the UK and Canada should be adopted and adapted to Pakistan’s context. Moreover, creating awareness among the public about the importance and safety of cooperating with authorities can foster a culture of accountability and justice. Hence, robust witness protection mechanisms not only facilitate more effective investigations but also strengthen public confidence in the justice system.
Conclusively, the state of criminal investigation in Pakistan is a critical determinant of peace, security, and the rule of law. While the challenges are deeply entrenched, they are not insurmountable. A concerted effort involving legislative reforms, institutional capacity building, technological adoption, and a renewed commitment to upholding human rights can transform the investigative landscape. Strengthening this foundational pillar of the justice system is an investment in a safer, more just, and equitable society for all Pakistanis, where truth prevails and accountability is assured.
