Police Bureau calls for checking misuse of FIR system

ISLAMABAD: In order to check the widespread misuse of the FIR system in the country, the National Police Bureau has formulated an advice for all the provincial and regional police departments to adopt a modern and scientific approach in the registration of FIRs but avoid the arrest of accused without substantive and collaborative evidence.
In an environment in which the innocent are falsely named in FIRs because of personal enmities or grudges and are arrested by the police without proper investigation, the National Police Bureau seeks from the police that the post-FIR actions like arrest and charges be taken only after clear acquisition of substantive or collaborative evidence that should be enough to prosecute and obtain the conviction of the alleged accused.
The advice, being sent to the provincial and regional police departments, also suggests action against those who lodge false FIRs.It says that in case of registration of a false FIR, the police should proceed against the complainant either under sections 211/182 PPC or under section 192 and 193 of the PPC.
Under sections 211/182 PPC, action can be taken if false information is given to a public servant, which does not necessary mean information under Section 154 of the CrPC. This section, it is said, can be invoked even if a direct complaint is found to be false.
The advice says that action under Section 193 for giving false evidence and under 192 for fabricating false evidence could also be initiated against the complainant.Pakistan is a strange country where the police arrest the accused merely on the basis of FIR and without bothering to investigate the charges. This is considered a misuse of the FIR system in which innocents are harassed, hounded and even arrested.
In this situation, the National Police Bureau suggests, “Modernised and scientific approach be adopted in registration of FIR and subsequent action like arrest and charges be made only after clear acquisition of substantive or collaborative evidence that be enough to prosecute and obtain conviction of alleged accused.”
The Bureau recommends that an FIR must be registered with due care, collecting essential details of existence of a cognizable offence. “Once registered, evidence must be collected prior to any arrest or formal accusation of the alleged accused.”
It says that the system of investigation needs to be modernised. “Investigator must move from scene of crime to the criminals rather than following the old and redundant strategy to solve cases moving from criminals/accused to the scene of crime and begin collecting evidence thereof.
“It should be essential for the law enforcement agencies to uphold dignity of citizens or group of people. Arrest and formal procedures must follow on due diligence and on clear evidence prior to formal arrests and charges thereof,” the advice said, adding, “Investigators must be unbiased, not be influenced by whims, instincts, influence of extraneous interference, society opinion, media views and general perception.”
Regarding the FIR, the bureau explained that it is a written report after receipt of commission of a cognizable offence. It is mandatory for police to register a report of a cognizable offence and police may arrest a person without a warrant; contrary to non-cognizable offence where police cannot investigate or arrest without court permission.
The bureau adds that the purpose of FIR is to set criminal law in motion and to obtain firsthand spontaneous information of occurrence. However, FIR is not a substantive piece of evidence and can only be used to corroborate or contradict its maker, but at the same time its importance cannot be ignored because it depicts the initial version set up by the prosecution.The Bureau, in its advice, also suggested measures to redress the general complaint about the refusal of the police to register FIR.