Power to Add or Delete Offences power of Investigating Officer of Police, Magistrate, Public Prosecutor, Justice of Peace, Trial Court. Law and Rules
Whenever a cognizable offence is reported, then it is entered in a register by or under the direction of officer-in-charge of police station. Basic purpose of Section 154 of Code of Criminal Procedure, 1898, is to set criminal law in motion and to obtain first hand information of occurrence, in order to exclude any chance of fabrication, consultation, or deliberation.
First Information Report is neither substantive evidence nor an exhaustive document, same was held in 2022 P.Cr.L.J. 668. On report of cognizable offence, while assessing the story tentatively offences/ Sections are entered on FIR. These provisions are never considered as final list of offences, and can be added or deleted subsequently.
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Table of Contents
Authorities Supposed To Have Power To Add Or Delete Offences
First, we need to create a list of the authorities who are supposed or deemed to add or delete offences:
- Investigating officer
- Public prosecutor
- Magistrate
- Trial Court
- Justice of peace
Power Of Investigating Officer To Add Or Delete Offences
Under Rule 25.2 of Police Rules, 1934, it is the duty of an investigating officer to find out the truth of the matter under investigation. His object shall be to discover the actual facts of the case. So, by having the discovery of facts, an investigating officer enjoys ample power to add or delete offences from FIR as per the circumstances of the case.
Power Of Public Prosecutor To Add Or Delete Offences
Under Section 173, the report of a police officer shall be submitted to the Magistrate through the Public Prosecutor. It is the prosecutor only who scrutinizes the police reports under Section 9 of The Punjab Criminal Prosecution Service Act, 2006, and submits the result of scrutiny to the Court in writing. Under the Prosecution Act, the Public Prosecutor recommends the charge on the police report to the Court for trial. So, the Prosecutor has absolute power to scrutinize the police report, as the term scrutinize has a wide connotation and includes the power to add or delete a Section/Offence.
Power Of Magistrate To Add Or Delete Offences
If Section 156 is read with Sections 190 and 167, then it can be well understood that at the time of remand, or at any other appropriate time while examining the record, the Magistrate can direct the investigating officer to add, delete, or substitute an offence in FIR if the circumstances warrant. But it is not common in practice, although it must be.
Power Of Trial Court To Add Or Delete Offences
The opinion of the investigating officer is not binding upon the Court, even the Court is not bound by the opinion of the prosecutor regarding the applicability of penal provisions. Section 227 of the Code of Criminal Procedure empowers the trial Court to amend the Charge at any time before Judgment. So, this power is above all others.
Power Of Justice Of Peace To Add Or Delete Offences
The plain reading of Sections 22-A and 22-B states the powers and duties of the justice of peace. The power of the justice of peace to add or delete offences is nowhere mentioned in these provisions, or elsewhere in the law. As common practice, due to misunderstanding and having lesser knowledge of law, applications are filed before the justice of peace to add or delete offences. The justice of peace cannot pass a direction to add or delete offences.
Further Recommendation On The Topic; Power To Add Or Delete Offences
The same discussion is held in a reported case titled Munir Aftab VS The State, 2021 P.C.rL.J. 293, Justice Tariq Saleem Sheikh. This Judgment is much explanatory on this topic and must be appreciated.
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