�Section 154 – Information in Cognizable Cases
Explanation:
If someone tells the police about a cognizable offence (like murder, rape, robbery),
orally or in writing:
o The police must write it down, read it back to the person,
o Get it signed, and
o Record it in the official register (FIR book).
✅Proviso 1:
If a woman gives information about offences like:
o Acid attack (336B), assault (354, 354A), rape (376), or harassment (509),
Then her statement must be recorded:
o In presence of a female police officer, female family member, or anyone she
chooses (with her consent).
✅Proviso 2:
If the woman is distressed, her statement must be recorded:
o At her home or any place of her choice,
o In presence of a female officer, family member, or trusted person, again with
her consent.
�Section 155 – Information in Non-Cognizable Cases
Subsection (1):
If someone reports a non-cognizable offence (less serious, like defamation, public
nuisance),
o The police officer will write it in the register, but
o Will refer the person to a Magistrate.
Subsection (2):
Police cannot investigate a non-cognizable case without permission from a Magistrate
(1st or 2nd Class).
Subsection (3):
If allowed by the Magistrate,
o Police can investigate but cannot arrest without a warrant.
�Section 156 – Investigation into Cognizable Cases
Subsection (1):
Police can investigate cognizable offences without magistrate’s permission.
Subsection (2):
The investigation cannot be challenged in court just because the officer had no legal
power to investigate.
Subsection (3):
A Magistrate (under Section 190) can also order the police to investigate.
✅Subsection (4) – Special Rule for Adultery (Sections 497 & 498 PPC):
Police cannot investigate these offences unless the woman’s husband (or his
authorized person) files a complaint.
�Section 156A – Investigation in Cases under Section 295-C PPC (Blasphemy)
Law Text Summary:
This section overrides all other CrPC rules.
If a person is accused under Section 295-C PPC (blasphemy against the Prophet )ﷺ,
�Only a police officer of the rank of Superintendent of Police (SP) or above is
allowed to investigate the case.
�Purpose:
To prevent misuse or abuse of blasphemy laws by junior or unauthorized officers and to
ensure serious oversight during investigation.
�Section 156B – Investigation of Zina Cases Against Women
Law Text Summary:
This section also overrides other CrPC provisions.
If a woman is accused of zina under the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979:
�Only a Superintendent of Police (SP) or above can investigate,
�The woman cannot be arrested without the permission of the court.
✅Explanation Clause:
The word “zina” in this section does NOT include “zina-bil-jabr”,
i.e. rape cases are excluded from this protection.
�Key Takeaways:
Section Applies To Key Protection Exceptions
156A 295-C PPC (blasphemy) Only SP or above can investigate None
Zina against women Only SP can investigate; no arrest Does not apply to rape
156B
(Hudood Ordinance) without court’s permission (zina-bil-jabr)
�Section 160 – Police Can Call Witnesses
During investigation, police can:
o Call any person living nearby who knows something about the case,
o By giving a written notice.
�Section 161 – Examination of Witnesses by Police
Subsection (1):
Police may question any person who knows about the case.
✅Proviso:
If the victim is a woman in crimes like:
o Acid attack (336B), assault (354, 354A), rape (376), or harassment (509),
Her statement must be taken:
o In presence of a female police officer, family member, or someone she chooses.
Subsection (2):
The witness must answer questions honestly,
o Except questions that may incriminate or punish them.
Subsection (3):
Police may write down the statement,
o But must make separate records for each witness.
�Section 161A – Right to Legal Help for Rape Victims
Subsection (1):
In serious sexual offences like:
o 376, 377, 377B, and 354A,
After FIR is recorded, police must:
o Inform the victim about their right to have a lawyer.
Subsection (2):
If the victim wants free legal aid, the police must:
o Provide a list of lawyers approved by the Provincial Bar Council.
�Section 162 – Use of Statements in Trial
Subsection (1):
Any statement given to police:
o Must not be signed by the person.
o Cannot be used as evidence in court except:
To challenge (contradict) the witness if they say something different in
court,
This is done under Section 145 of Evidence Act.
✅Proviso 1:
Accused can ask for a copy of the police statement to cross-examine a witness.
If part of the statement is used to challenge the witness, it can also be used in re-
examination to explain.
✅Proviso 2:
Court can refuse to give full statement to accused if:
o It is irrelevant or not necessary for justice,
o Or its disclosure is not in public interest.
Subsection (2):
This rule does not apply to:
o Statements under Section 32(1) of Evidence Act (like dying declarations),
o Or statements used under Section 27 (discovery from accused’s information).
�Section 163 – No Inducement to Be Offered
(1)
No police officer or authority can:
o Offer inducement, make threats, or give promises to make someone confess.
o This is as per Section 24 of the Evidence Act, 1872.
(2)
But police cannot stop anyone from voluntarily giving a statement during
investigation.
�Key Point:
Only voluntary confessions are valid. No pressure or tricks allowed.
� Section 164 – Magistrate's Power to Record Statements or
Confessions
(1)
A Magistrate of First Class, or Second Class specially empowered, can:
o Record a statement or confession of any person during investigation or before
the trial starts.
o The Magistrate must not be a police officer.
(1-A)
A witness's statement may be recorded in front of the accused, and the accused should
be given a chance to cross-examine the witness.
(2)
The Magistrate will record:
o Statements and confessions in a proper manner (as done during court
evidence).
o Confessions must follow Section 364, and be sent to the trial Magistrate.
(3)
Before recording confession, the Magistrate must:
o Tell the person that he is not bound to confess.
o Inform that the confession can be used against him.
o Make sure the confession is voluntary.
�Mandatory Note (Memorandum):
The Magistrate must write a statement confirming the above and sign it.
�Explanation:
The Magistrate does not need to have jurisdiction over the case to record the confession.
� Section 164A – Medical Examination of Rape or Sexual
Offence Victims
(1)
If offences like rape (376), unnatural offence (377) or child abuse (377B) are under
investigation:
o Victim must be examined by a registered doctor.
o For female victims, a female doctor must be appointed.
o A female police officer or family member should escort the victim, if possible,
from a place of her choice.
(2)
Doctor’s report must include:
Victim’s name, age, escort’s details.
Injuries on body (if any).
Items collected for DNA testing.
Victim’s mental condition.
All other necessary medical details.
(3)
Doctor must clearly state reasons for every medical finding.
(4)
Consent of victim or guardian must be obtained before examination.
(5)
The start and end time of examination must be noted.
(6)
Doctor must quickly send report to the investigating officer, who will forward it to the
Magistrate with the case file under Section 173(1)(a).
(7)
No examination is lawful without consent.
�Explanation:
“Registered Medical Practitioner” means:
A qualified doctor registered under the Pakistan Medical & Dental Council, and
Authorized by the government to do such examination.
� Section 164B – DNA Test
(1)
If rape (376), unnatural offence (377), or child abuse (377B) is:
Committed, attempted, or alleged:
�DNA samples should be collected from:
o Victim (with their consent or guardian’s consent),
o Accused, during the medical examination under Section 164A.
�Important:
This should be done quickly, ideally soon after receiving information of the crime.
(2)
The DNA sample must be sent immediately to a forensic lab for testing and
preservation.
Confidentiality of the DNA report must always be protected.
�Quick Recap Table:
Section Title Key Point
163 No inducement No forced confession; only voluntary allowed
Section Title Key Point
Recording
164 Only Magistrate (not police) can record it, must be voluntary
confession
Medical exam of Female victim must be examined by female doctor; escort required;
164A
victim consent mandatory
164B DNA test DNA sample must be collected with consent and tested confidentially
