Anti Terrorism Laws Of Pakistan

Anti Terrorism Laws Of Pakistan

Protection of Pakistan Rules 2014 

Protection of Pakistan Act 2014 

Protection of Pakistan Ordinance 2013 

Protection Of Pakistan Rules 2013 

Amendment in Protection Of Pakistan Ordinance 2014

Anti-Terrorism Amendment Ordinance VIII 2013 

Anti-Terrorism Amendment Ordinance VII 2013 

Anti Terrorism Act 1997 

The Investigation for Fair Trial Act I of 2013 

Investigation for Fair Trial Rules 2013

Presentation Slides – Investigation for Fair Trial Act 2013, Anti Money Laundering Act, 2010 and Anti Terrorism Act (Amended) 1997

Investigation Guidelines

(First time appeared in Compendium of Laws published by NACTA)

(a)       Victim Strategy-Victimology, last movements, family, friends, associates, profession, hobbies/interests, financial profile, documents such as diaries,mobile phones,computers in possession,is the victim a crime scene? Consider blood/urine samples, saliva DNA swabs,hair samples, hand,feet,face and ear swabs,clothing etc in case of death, post mortem for cause of death, possibility of time of death and location of death/infliction of injuries and toxicology including identification of weapons used to injure or inflict fatal injury

b) Offender Strategy- Identification and arrest, search and seizure of evidential material, documents, digital, forensic (e.g. DNA samples, fingerprints, fiber and explosives swabs etc),selection of best interview model.

c) Witness Strategy-Identification of key and significant witnesses, vulnerabilities, selection of best interview model, identification of information elicited is it intelligence? or can it be adduced as evidence?

d) Scene Strategy-Identification of crime scene(s), preservation of crime scenes,methodical search of crime scenes,retrieval of evidence by swabbing of DNA material, fingerprints, blood pattern analysis, explosives and fibers swabs,seizure of relevant exhibits, biological degradable biological/chemical material, photographs, video of scenes and sketch plans etc.

e) Intelligence Strategy-Tasking of informants, recruitment of informants, covert static/mobile surveillance techniques interrogation of open source material, offender profile, problem profile, geographic profile, interrogation of agency and other agency databases/information sources, crime and intelligence reports, Modus Operandi analysis of known or unidentified criminals, links to other crime scenes/crimes, creation of linkage charts (manual or iC2 software etc), also consider mobile phone/computer data profiles from interrogation of computer devices, websites visited,contacts,downloaded material, retrieval of text messages (including deleted texts) from mobile phones,usage of mobile phones,incoming/outgoing calls and employment of masting techniques to determine locations of where mobile phone used or target phone being used etc. Cross check with other law enforcement agencies’ databases and consider mutual legal assistance from other jurisdictions and/or encourage other states to release information or cooperate under international obligations/treaties such UNTOC,Anti-Corruption Convention and Anti-Money Laundering Convention,Terrorist Financing etc. for which no separate bilateral treaties are required provided the states in question are signatory to relevant international convention albeit where necessary bilateral treaties in force can also be engaged.

f) Financial Strategy- Creation of a financial profile,examination of financial documents, bank accounts, credit/debit cards, suspicious activity reports,interrogation of utilities databases,e.g. water,gas electricity,mobile phone ownership etc, consider linkage charts between individuals or between different sources of data connecting same individual.

g) Media Strategy- Appeal for witnesses and identification of offenders, public reassurance messages,use of media to assist with investigation as opposed to hinder, educate on necessity for scene preservation(s) and offer focal points for media liaison,release information selectively to progress the investigations and be mindful of releasing or discussing information that may alert other offenders, lead to concealment or destruction of evidence, identification of witnesses,informants or confidential sources including covert investigative techniques employed or information be sub-judice in nature.

Registration of Case/Fir Under Anti-Terrorism Act, 1997

First Information Report (FIR) is of prime legal importance both from the point of view of the prosecution and the defence. FIR constitutes the foundation of the case. It is recorded under section 15-4 Criminal Procedure Code (Cr.P.C) which requires that every information relating to the commission of a cognizable offence, if given orally to an officer In-charge of a police station shall be reduced in writing by him or under his direction and be read over to the informant 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 on this behalf.

FIR is always based upon the earliest version of a cognizable case. In nut shell FIRis the:

(i)         first in point of time;

(ii)        disclosing commission of a cognizable offence;

(iii)       launching pad for the State machinery for investigative purpose.

A cognizable offence is one in which a police officer may in accordance with the second schedule of Cr.P.C or under any other law arrest without a warrant.

FIR should be lodged/recorded without delay. If there occurs any delay, the same should be satisfactorily explained. FIR should contain following elements:

(i)         time of occurrence;

(ii)        time of report to police;

(iii)       place of occurrence;

(iv)      disclosure of report of commission of a cognizable offence. Offence should be indicated through application of proper sections of law which has been violated.

(v)       Name of complainant;

(vi)      Name(s) of accused person(s). However, if the accused could not be identified by the complainant and witnesses, there should be the description of accused with his/their role;

(vii)     Name(s) of witnesses.

According to Section 21 -D (2) of Anti-Terrorism Act,1997 all offences punishable with death or imprisonment exceeding 3 years are cognizable and non-bailable, hence FIR can be registered regarding cognizable offences of ATA.

  Start of Investigation

Investigation has been defined in section 2(h) Cr.P.C. as “Investigation includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorized by the magistrate in this behalf.”

Investigation can be started by an officer in-charge of a police station or police officer not below the rank of Sub-Inspector under section 156(1) Cr.P.C. into a cognizable offence, without order of a Magistrate. After registration of FIR U/s 154 Cr.P.C. police has a statutory right to investigate the case.

According to Section 19(1) of ATA, all offences under the Act shall be investigated by Joint Investigation Team (J.l.T) which shall comprise of a police officer not below the rank of an Inspector and an officer of another investigating agency, intelligence agency whom the Federal Government, or the Provincial Government, as the case may be, nominate for the purpose. The J.l.T shall complete the investigation in respect of the case triable by an Anti-Terrorism Court, within seven working days and forward directly to the Anti-TerrorismCourt a report under section 173 Cr.P.C. The J.l.T shall have and exercise same powers as are vested in an officer In-charge of a police station under Cr.P.C.

The purpose of investigation is to determine / ascertain true facts of the case and to arrive at a correct conclusion of the crime reported as to who committed the crime, if any. The major phases of investigation are as under:

(a)       ascertain and record the facts concerning the commission of crime;

(b)       identify the criminal and his accomplices if any;

(c)       secure, preserve and evaluate evidence and;

(d)       present the evidence in court in a legal form for court verdict.

Crime Scene Management

As soon as crime is reported, the Investigation Officer (l.0)/J.I.T should immediately reach the scene of crime. First of all he should cordon the crime scene. The relevant provision of ATA on the subject is as under:-

“21-A. Cordons for Terrorist investigation.-(1) An area is a cordoned area for the purposes of a terrorist investigation under this Act, if it is designated under this section.

(2)       A designation may be made only by an officer not below the rank of a Deputy Superintendent of Police or a member of a Joint Investigation Team if he considers it expedient for the purposes of a terrorist investigation.

(3)       If a designation is made orally, the officer making it shall confirm it in writing, as soon as is reasonably practicable.

(4)       The officer making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable.

(5)       An area may be designated a cordoned area fora maximum period of fourteen days, which may be extended in writing from time to time, with each extension specifying the additional period:

Provided that a designation shall have no effect after 28 days beginning with the day on which it was made.

(6)       Where a person knows or has reasonable cause to suspect that a terrorist Investigation is being conducted or is proposed to be conducted, a person commits an offence if he

(a)       discloses to another, or others, anything which is likely to prejudice an investigation; or

(b)       interferes with material which is likely to be relevant to an investigation.

(7)       Whosever, commits an offence under sub-section (6) shall be liable on conviction to imprisonment for a term not less than six months and not exceeding two years, and fine.

(8)       It is a defence for a person charged with an offence under sub-section (6) to prove—

(a)       that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to effect a terrorist investigation; or

(b)       that he had reasonable excuse for the disclosure or interference.

(9)       For the purposes of this section:

(a)       a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation; and

(b)       a person interferes with any material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of these things.

21-B. Terrorist Investigation (1) A policeman in uniform or a member of a Joint Investigation Team may;

(a)       order a person in a cordoned area to leave immediately,

(b)       order a person immediately to leave the premises which are wholly or partlyin or adjacent to a cordoned area,

(c)       order the driver or person in charge of a vehicle in a cordoned area to moveit from the area immediately,

(d)       arrange for the removal of a vehicle from the cordoned area,

(e)       arrange for the movement of a vehicle within a cordoned area,

(f)        prohibit or restrict access to a cordoned area by pedestrians or vehicles.

(g)       enter and search any premises in a cordoned area if he suspects anyoneconcerned with terrorism is hiding there,

(h)       search and arrest any person he reasonably suspects to be a person concerned with terrorism:

Provided that any search of a person shall be done by a Police person of the same

sex; or

(a)       take possession of any property in a cordoned area he reasonably suspects is likely to be used for the purposes of terrorism.”

Collection of Evidence

Before collection of evidence the IO should take care of following points as crime scenemanagement:

(i)         Ensure that crime scene has not been interfered / tempered with. Contact the persons who reached the scene first;

(ii)        Do not allow any unauthorized person to meddle in the inspection of the scene. The overzealous helper may be the criminal’s friend. Crowding and unnecessary interfering always results in destruction of clues/evidence;

(iii)       Do not leave inspection of scene to the subordinates, especially those who are untrained;

(iv)      Immediate arrangements must be made to shift the injured persons and dead bodies to hospitals after marking the places and positions where they were lying;

(v)       Do not touch anything. The negligence in handling obliterates fingers prints. Use gloves or handkerchief;

(vi)      Do not take anything to be trivial. The inspection must be thorough and minute. The articles should be carefully examined and preserved;

(vii)     Search should be undertaken clockwise and systematically for clues and traces;

(viii)     Crime scene is not confined to the exact location but also includes the surrounding area as may be necessary to fully understand the exact circumstances surrounding the crime scene. Search must be made along with the line of approach and departure of culprits. Always make search for the traces in presence of respectable persons who may later appear as witnesses in court. Special attention should be paid to fire-arms, cartridges, empties, bullets, powder-stains, stray, pallets, bullet-marks and explosives;

(ix)       Physical evidence should be preserved, handled, packed and dispatched to the relevant experts for laboratory tests and opinion;

(x)       The I,0 should make very careful notes in writing of the crime scene, its condition and surroundings;

(xi)       The crime scene may be photographed or sketched or both;

(xii)      Prepare a sketch/plan of the scene of crime himself or Draftsman or the “Patwari” of the area.

Interviews/Interrogation of Suspects/ Witnesses and Recording of Their Version/ Statements

The persons/suspects should be interviewed/interrogated for identification of their status as suspect, accused or witness. The recording of version of accused is also of utmost importance and the same needs verification.

The interrogator/I,0 should find out the past history and antecedents of the suspect and question him on past events to know if he is willing to speak truth. This may determine the line of interrogation.

The statement of persons acquainted with the facts of the case/witnesses should be recorded U/s 161 Cr.P.C which should be confined to the commission of offence and related issues.

Recording of Statements U/S 164 Cr.P.C

The J.l.T should take care that the witnesses who have come forward with statements, on the basis of which the case has been based upon, remain intact till recording of their evidence in court during trial. Apart from many other reasons/factors, threat to life and property from the terrorists is main reason for resiling of the witnesses from their earlier statements. In such cases, advantage of section 164 Cr.P.C should betaken and statements of important witnesses should be got recorded through a Magistrate.

Under section 164- Cr.P.C, a confessional statement of accused person is recorded by a Magistrate. Section 21 -H of A.T.A also empowers a Superintendent of Police to record such confessional statement.

 Identification of Suspect/Accused

In case the suspect/accused is not nominated in FIR and is not known to the complainant/witnesses, his participation in the crime is required to be established through “identification proceedings” to be held under the supervision of a Magistrate preferably in jail. These proceedings should be held as soon as possible after the arrest of the suspect without confronting the suspect with the witnesses who claim to identify him.

In such cases, it is necessary that though the suspect is not named in FIR but his description, physique, any special feature and role played by him in commission of offence should be mentioned in the FIR and statements of witnesses.

 Arrest of Accused Persons

A police officer can arrest a person against whom some tangible and legal evidence regarding commission of a cognizable offence has come on record. Even if the arrest is made on a suspicion, it should be reasonable. The police officer should act on a credible information and reasonable suspicion to justify the arrest. The relevant provisions regarding arrest of suspect/accused are contained in sections 54 to 62 Cr.P.C. For remand of an arrested/detained person relevant provision/section 21 -E of ATA is reproduced as under:-

“21 – E. Remand.—(l) Where a person is detained for investigation, the investigating officer, within 24 hours of the arrest, excluding the time necessary for the journey from the place of arrest to the Court, shall produce the accused before the Court, and may apply for remand of the accused to police custody, or custody of any other Investigation Agency Joined in the investigation forwhich the maximum period allowed may be fifteen (15) days:

Provided that, where an accused cannot within twenty-four hours be produced before the Court, a temporary order for police custody [or custody of any other Investigation Agency Joined in the investigation] not exceeding twenty-four hours may be obtained from the nearest Magistrate for the purpose of producing the accused before the Court within that period.

(2)       No extension of the time of the remand of the accused in police custody or custody of any other Investigation Agency Joined in the investigation shall be allowed, unless it can be shown by the Investigating Officer, to the satisfaction of the Court that further evidence may be available and the Court is satisfied that no bodily harm has been orwill be caused to the accused.

Provided that the total period of such remand shall not exceed thirty days.

(3)       The Court shall be deemed to be a Magistrate for purposes ofsub-section (1).”

Forensic Help/Opinion of Relevant Experts

An investigating officer (I,0) should be fully conversant with the scientific method of investigation which are more sure. The maxim goes that men can tell lies but circumstances cannot. Every culprit leaves a trace when he comes in contact with a thing. To examine these clues and traces discovered in the course of investigation is an important aspect of the scene. For examination and analysis of forensic evidence collected during investigation, forensic infrastructure available is given in Chapter-6, from where the 1.0 can get help/ opinion of relevant experts to connect the accused with the crime.

 Evolution of Evidence and Submission Of Report by J.l.T.

According to section 19(1) the J.l.T is required to complete the investigation within seven working days. The J.l.T after examining and evolution of evidence collected during investigation shall formulate its opinion on the basis of which it has to submit report U/s 173 Cr.P.C. in shape of incomplete or complete challan or cancellation report as the case may be.

Forensic Infrastructure for Analysis / Examination of Physical Evidence and Providing Expert Opinion

Chemical Examiners

They perform analysis of chemical and biological substances like narcotics, alcohol, toxicology (poison) blood and semen, serology and bacteriology. List of chemical examiners is as below:-

(i)         Chief Chemical Examiner, Lahore.

(ii)        Chemical Examiner, Rawalpindi.

(iii)       Chemical Examiner, Multan.

(iv)      Chemical Examiner, Peshawar.

(v)       Chief Chemical Examiner, Karachi.

(vi)      Chemical Examiner, Sukkar.

(vii)     Chemical Examiner, Quetta.

(viii)     Drugs Control & Traditional Medicines Division, National Institute ofHealth,(N.I.H) Islamabad.

Forensic Science Laboratories

These laboratories perform analysis of Finger prints, Handwriting, firearms and examination of Engine Chassis identification numbers. List of such laboratories is as under:-

(i)         Punjab Forensic Science Agency, Lahore.

(ii)        Forensic Science Laboratory, Peshawar.

(iii)       Forensic Science Laboratory, Karachi.

(iv)      Forensic Science Laboratory, Quetta.

(v)       Technical Branch of Federal Investigation Agency (F.I.A), Islamabad.

(vi)      Forensic Science Laboratory, National Police Bureau, Islamabad.

D.N.A Forensic Laboratories

(i)         Forensic services Laboratory, Center for Applied Molecular Biology (CAMB), Lahore.

(ii)        DNA Forensic Laboratory, National Forensic Science Agency(NFSA), Islamabad

 Digital Forensic Services

Following two forensic laboratories are utilizing digital forensic techniques.

(i)         Computer Forensic Laboratory, Crime Investigation Department (C.l.D) Lahore, Punjab.

(ii)        Computer and Cell Phone Forensic Laboratory, Counter Terrorism Wing, FIA Islamabad for analysis of hard disk, USB, Floppy disk, CDs, Laptop and cell phones for recovery/retrieving of stored, hidden or deleted data.

(iii)       National Response Center for Cyber Crime, Federal Investigation Agency (FIA) Islamabad.

Explosives Forensics

(i)         Explosive Laboratory, Counter Terrorism Wing, FIA, Islamabad to detect trace residues of explosive substances and hazardous/dangerous material identification.

(ii)        Bomb Disposal Squads of special branch/C.I.D of police after examination of scene of crime, explosives, their components, residue etc provide their opinion in this respect.

Support of Cellular Companies/PTA for Call Records/data of Cell phones

Call record data can be obtained at local level from concerned cellular companies.Further support can also be obtained from Pakistan Telecommunication Authority (PTA).

Enlistment of Names of Terrorist/Suspects in ECL

If required, the Ministry of Interior can be requested to put the names of Terrorists/suspects on Exit Control List (ECL) also.

Reasons for Failure of AT Cases in Courts

Analysis of the cases decided by courts reveal that most of the cases end in acquittal of the accused due to non-observance of legal requirements, improper application of relevant sections of law, lack of adequate ocular and circumstantial evidence to prove the allegations during the trial. This all needs capacity building to improve the quality of investigation for successful prosecution of cases in courts.

Common defects which result in acquittal of cases

(i)         Delay, especially unexplained delay, in reporting the crime and registration of FIR.

(ii)        Wrong application of penal sections of law without caring for the ingredients of the offence.

(iii)       Conduct of preliminary inquiry before registration of FIR.

(iv)      Registration of FIR on basis of false facts and fake witnesses.

(v)       Violation of procedural law of investigation.

(vi)      Non-compliance of section 103 Cr.P.C regarding search i.e. non-joining of respectable inhabitants of locality which makes recoveries doubtful and unreliable in courts.

(vii)     Preparation of parcels of incriminating articles and seizure memos at police station instead of at spot/place of recoveries.

(viii)     Delay in sending weapons of offence etc. to Forensic Science Laboratory / Chemical Examiner etc.

(ix)       Missing of link evidence of sending incriminating articles in intact position to the laboratories. For this, evidence/statements of concerned police officers including “Moharrir” (Police Station Clerk) and the constables, deputed for the safe custody of parcels of case property is required to be recorded in order to avoid possibility of tampering with the sealed parcels.

(x)       Failure to collect evidence of independent witnesses. Evidence of interested, stock or motivated witnesses makes their evidence as unreliable. Confidence inspiring evidence is required to prove the case.

(xi)       Delay in conduct of identification parade of unidentified accused persons and non-observation of instructions in this respect. To avoid objection that accused were shown to witnesses before the identification parade, suchparades should be got conducted without delay. Detail mode and instructions has been laid down in Rule 32 of Chapter 26 of Police Rules, 1934.

(xii)      Identification of accused in identification parade losses its value when the description and role played by each accused is not given in FIR.

(xiii)     Investigating Officer becoming partial and supporting one party.

(xiv)    I.O preparing incorrect record during investigation.

(xv)     Discrepancies in statements of witnesses.

(xvi)    Discrepancies in ocular and medical evidence.

(xvii)   Confession obtained against the provisions of law of evidence.

(xviii)   Introducing false extra judicial confession to make the case strong where direct evidence is not available.

(xix)     Confession especially extra-judicial confessions are weak type of evidence and require strong corroboration.

(xx)     Weak type of circumstantial evidence with missing links. Circumstantial evidence can only be relied if all the circumstances constitute a chain and no link is missing and their combined effect is that the guilt of accused is established without any shadow of doubt.

(xxi)     Tendency of false implication of accused persons by complainant party is also a major cause of acquittal of cases.

(xxii)    Introducing false evidence to fill gaps of evidence.

(xxiii)   Non-production of case property in court during trial.

(xxiv)  In majority of terrorism cases, entire reliance is placed on oral evidence.The witnesses can be won and terrorized. In such situation, forensic evidence collected through modern devices can be helpful and the same is admissible in evidence under law of evidence. (Section 164 of Qanoon-e-Shahadat Order 1984)

Acquittal of Anti-Terrorism Cases (1990-2009) (Source : A Research by CTD Punjab)

During the period from 1990 to 2009, 311 cases were decided by Anti-Terrorism Courts in Punjab, out of which 231 cases (74%) resulted in acquittal. The judgments of 178 cases were analyzed which showed that the main reasons of acquittal of cases was defect in registration, investigation and prosecution of cases. The break-up of which is given below:

a) Defects in Registration Of Cases

(i)         Accused unknown – 65 cases (36%).

(ii)        No eye witness – 19 cases (11 %).

(iii)       No description of accused given in FIRs – 18 cases (10%)

(iv)      Role of accused not mentioned in FIRs – 13 cases (7%)

(v)        Delay in registration of FIR – 05 cases (3%)

b) Defects in investigation of cases

(i)         Defects in identification parade – 62 cases (35%)

(ii)        Doubtful recoveries – 74 cases (26%).

(iii)       Defects in confessional statements – 25 cases (14%)

(iv)      Late submission of challan – 23 cases (13%)

(v)       Defective medico-legal reports and material evidence – 12 cases (7%).

c) Defects in prosecution of cases

(i)         Contradictions in statements of witnesses – 45 cases (25%)

(ii)        Witnesses changed their statements – 23 cases. (7%)

(iii)       Contradictions in medico-legal and ocular evidence- 23 cases (7%).

The situation can be improved a lot, if the above points are taken care of at the time of registration of FIR, during investigation and prosecution of cases. Following measures need to be adopted for effective investigation and successful prosecution in terrorism cases:-

(i)         Capacity building of investigating officers.

(ii)        Core group of investigators specialized for investigation of terrorism cases need to be established in Counter Terrorism Departments and Police.

(iii)       Maximum use of scientific evidence including DNA, CCTV Cameras etc. to link the accused with the crime.

(iv)      Magistrate and police be given more training for the prescribed mode of conduct of identification parade of suspects/unidentified accused persons. Detailed mode/instructions in this respect have been laid down in Rule 32 of Chapter 26 of Police Rule, 1934.

(v)       Cell phone data needs to be collected and used for an effective investigation.

(vi)      Enhancement of coordination between the I.O and the prosecutor.

Checking of Police / Judicial Files

Prosecution has been separated from Police with a view to improve the prosecution of cases. Like other Provinces, Punjab has established prosecution service. For this, prosecution service of Punjab has prepared Prosecution Services Manual which contains the instructions for checking of Police file, judicial file and check list for scrutiny of investigation reports (Challans).The same are reproduced at next page:-

 Contents of Police File

Index             Yes            No
–        Index of the police file    
–        Copies of all documents mentioned in the judicial file    
–        Orders pertaining to change of investigation, if any.    
–        Notes made on the first inspection at the crime scene.    
–        Police brief, in such cases    
–        Orders of court to produce record    
–        Copies of the relevant case diaries    
–        Compensation claim, if any.    

Source:- Punjab Prosecution Service Manual.

Contents of Judicial File

Index Yes No
–        Charge sheet in Form 25.26(1) Police Rules, 1934 in case of challan    
–        Case closure report in Form 25.57(2), P.R., in case of cancellation.    
–        Case closure report in Form 25.57(2) P.R., in case of case closure.    
–        Statement of the informant.    
–        First Information Report [F.I.R]    
–        Remand form/orders, if any.    
–        Warrants and orders relating to absconders and details of their properties, if any.    
–        Orders pertaining to bail, recognizance etc.    
–        Rough crime scene sketch (plan).    
–        Site plan according to scale -where made.    
–        Recoveries made.    
–        Expert reports, if any.    
–        Inquest report, if any.    
–        Inquiry statement in Form 25.39 Police Rules, 1934, if any.    
–        Medico legal/autopsy report, if any.    
–        Inquiry reports, if any.    
–        Attestation Certificate in Form 26.7(1) P.R. seeking previous criminal record, if any.    
–        Identity parade proceedings, if any.    
–        Charge sheet slip in form 27.21 (1 )(a) P.R.    
–        Statement of prosecution witnesses    
–        Original copies Statements under section 164    
–        Documentary evidence    

 

Source:- Punjab Prosecution Service Manual.

Check List for Scrutiny of Challan for the Investigating Officers/Prosecutors*

S. # Check List question Yes No Remarks
1. Whether facts reported make out a case about commission of any offence as per its ingredients?
2. Whether FIR has been promptly lodged and if there is delay, the same has been explained well/satisfactorily?
3. In case accused could not be identified at the time of occurrence, whether description and specific role of each accused has been mentioned in the FIR by the complainant?
4. Whether the Investigating Officer has made inspection notes of crime scene at his first visit?
5. Whether the plan of crime scene has been prepared with scale according to police rules instructions?
6. Whether the site plan has been prepared according to scale, especially in murder cases?
7. Whether statements of prosecution witnesses properly recorded U/s 161 Cr.P.C?
8. Whether evidence of witnesses is corroborated by medical evidence and recoveries?
9. In case of abduction/kidnapping whether statements of recovered abductees recorded U/s 161 & 164 Cr.P.C?
10. Whether in rape cases the victim has been medically examined with final opinion of medical officer?
11. Whether any DNA/RNA test got conducted in rape cases, if required for evidence?
12. Whether the accused has confessed before the magistrate and his statement recorded U/s 164 Cr.P.C?
13. Whether medico legal reports, post-mortem reports, inquests reports, statement of injuries attached with the challan?
14. Whether chemical examiner’s reports, serologist reports, DNA/ RNA reports, Forensic Lab. Report etc., attached with the challan?
15. Whether search and seizure was conducted in accordance with the provisions of law?
16. Whether the lists of property recovered, produced or seized has been correctly prepared, dated and signed by witnesses and the officers preparing them?
17. If recovery of weapon of offence has been effected, has the place of recovery mentioned in the recovery memo?
18. Has the sketch of recovered weapon drawn and attached with the challan?
19. Whether the recovered articles properly sealed?
20. Whether all recovered weapons and all other case property been entered in Register No.19 of the police station and corresponding number is mentioned in the relevant memos in red ink?
21. Whether remands were regularly taken and copies attached with the challan?
22. Whether all the bail bonds and personal bonds of the accused persons and addresses of accused and witnesses have been attached to the challan?
23. Whether proceedings U/s 87/88 Cr.P.C properly initiated and full descriptions of absconders, list of their properties, original warrants of arrest, proclamation report of process server and proceedings taken by the I.O U/s 87/88 Cr.P.C attached with the challan?
24. Whether the accused not identified at the time of occurrence were got identified through identification parade as per procedure provided under rule 32 of chapter 26 of Police Rules, 1934?
25. Which of the accused are previous convict and whether the evidence regarding the same has been attached?
26. Whether search slips of the accused were sent to Finger Print Bureau and has any reply been received?
27. Are the marginal witnesses to a document or those fa mi liar with the hand writing of the executants of the documents are prosecution witnesses and will they be available to testify?
28. Is the documentary evidence part of public record? If so, have certified copies been obtained and attached?
29. Has all the documentary evidence relied upon by police attached with the police report7 Who is in possession of original documents?
30. Is the police brief according to government instructions and all necessary witnesses have been listed with their connection with the complainant?
31. Whether age of charge sheeted accused been ascertained in appropriate cases?
32. If investigation is not completed within time limit, has incomplete challan been sent to court?
33. Whether the report U/s 173 Cr.P.C / challan duly signed / verified by a gazette police officer?
34. Whether all required papers/documents are attached to the police and judicial files?
35. Whether all the columns of report U/s 173 Cr.P.C duly and correctly filled in?
36. Does the list of case property entered in report U/s 173 Cr.P.C tallies with the list given in the Road Certificate?
37. Whether more than one I.O/agency has investigated the case and if so are all the investigation results available?
38. Is the evidence collected during investigation sufficient, independent and confidence inspiring to prove the prosecution case?
39. In case where there is apprehension of resiling of witnesses, have their statements got recorded U/s 164 Cr.P.C. at early stage of the case?
40. Has the I.O conducted investigation on merit and assured that no accused is falsely implicated?
41. Whether copies of statements (legible and duly verified by the I.O] for delivery to the accused as required U/s 265-C of Cr.P.C, attached to the challan?
42. Has the I.O/J.l.T completed the investigation expeditiously and forwarded report U/s 173 Cr.P.C to concerned court?

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