Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

This Response to Information Request replaces PAK103835 of January 2012, PAK104714 of January 2014, PAK106223 of January 2019, and PAK106395 of January 2020.

1. FIRs

Sources describe an FIR as a document registered by the police to report a cognizable offence [1] (CPDI Pakistan n.d., 1) or an incident or criminal offence (Amnesty International 2021-11, 12). According to other sources, it is a document prepared by the police on receiving information that someone has committed a crime (Crisis Group 2022-09-05, 12) or a cognizable offence (Sardar & Co. n.d.a). According to the websites of the Punjab Police and the Balochistan Police, "[a]n FIR is an account of a cognizable (i.e. over which police has jurisdiction) offence that is entered in a particular format in a register at the police station" (Punjab n.d.a; Balochistan n.d.).

1.1 Use and Purposes

Sources indicate that the purpose of the FIR is "to set legal machinery into motion" (RSIL Pakistan & NPB of Pakistan July 2016, 61) or that an FIR marks the start of an investigation (Abbas Zaidi Apr. 2016, 13).

According to the US Department of State's Country Reports on Human Rights Practices for 2021, an FIR is "the legal basis for any arrest, initiated when police receive information concerning the commission of a 'cognizable' offense" (US 2022-04-12, 10). A 2016 compendium on police laws and criminal procedures in Pakistan [2] similarly indicates that the police cannot proceed to arrests without having registered an FIR, and that the accused "cannot claim an opportunity of hearing" before the registration of an FIR (RSIL Pakistan & NPB of Pakistan July 2016, 61).

US Country Reports 2021 further notes that an FIR "allows police to detain a suspect for 24 hours, after which a magistrate may order detention for an additional 14 days if police show detention is necessary to obtain evidence material to the investigation" (US 2022-04-12, 11).

Regarding the effects of an FIR and the circumstances in which the police could decide not to conduct an investigation following registration of an FIR, the Pakistan Penal Code, amended on 16 February 2017, stipulates the following:

156. Investigation into cognizable cases._(1) Any officer in charge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.

(2) No proceeding of a police-office in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as abovementioned.

[(4) Notwithstanding anything contained in subsections (1), (2) or (3), no police-officer shall investigate an offence under section 497 or section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, by some person who had the care of such woman on his behalf at the time when such offence was committed.].

…

157. Procedure where cognizable offence suspected. (1) If, from information received or otherwise, an officer in charge of a police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report, and shall proceed in person, or shall depute one of his subordinate officers [not being below such rank as the [Provincial Government] may, by general or special order, prescribe in this behalf] to proceed, to the spot, to investigate the facts and circumstances of the case, [and, if necessary, to take measures] for the discovery and arrest of the offender:

Provided as follows :

1. Where local investigation dispensed with. when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
2. Where police-officer in charge sees no sufficient ground for investigation. if it appears to the officer in charge of a police-station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to subsection (1), the officer in charge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that subsection, [and, in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the [Provincial Government], the fact that he will not investigate the case or cause it to be investigated.] (Pakistan 1898, bold and square brackets in original, references omitted)

1.2 Storing FIRs

Sources indicate that an FIR is recorded in the police station's FIR register (Punjab n.d.a; Balochistan n.d.). In correspondence with the Research Directorate, an advocate of the High Court practicing in Lahore stated that carbon copies of FIRs are sent to the Inspector General's office and to the prosecutor's office, and one copy is retained at the concerned police station (Advocate of the High Court, Lahore 2019-11-28).

An article in the Express Tribune, a Pakistani newspaper affiliated with the New York Times (The Express Tribune n.d.), announced, on 17 September 2022, the registration of the "[f]irst computerised FIR" in Khyber Pakhtunkhwa's Khyber district and notes that the service was previously available only in Punjab province (The Express Tribune 2022-09-17). However, an article appearing in June 2018 in the News International, an English-language daily newspaper in Pakistan, reports that the Public Relations Director of the Khyber Pakhtunkhwa Police stated that, since a portal was launched on an unspecified date, the Khyber Pakhtunkhwa Police had registered 2,643 online FIRs province-wide; the article details the number of registrations in certain districts and the Khyber district is not mentioned (The News International 2018-06-14). Furthermore, according to an October 2018 article by the Pakistan-based newspaper Dawn, in 2018 the Khyber Pakhtunkhwa Police maintained a central database that stored digitized records of all FIRs across the province and, between 2010 and 2018, over 1.43 million FIRs were digitized (Dawn 2018-10-07). The News International similarly reported in 2019 that the Khyber Pakhtunkhwa Police had digitized their FIRs (The News International 2019-01-12).

According to the website of the Punjab Information Technology Board (PITB), an "autonomous" body of the Government of Punjab responsible for catering to information technology needs and developing and implementing initiatives in the province (Punjab n.d.b), Punjab has an automated FIR registration and tracking process that was launched in March 2017 and that is operational in all 714 police stations across the province:

[The register] covers [the] full life cycle of [an] FIR including registration, nomination of culprits, recoveries, arrests, case files, court proceedings and case closure etc. The system generates electronic copies of FIR[s] as well as reports required at all levels of Punjab Police leadership (from [station house officer] to [inspector general]). (Punjab [2017])

According to information updated on 28 January 2021 on the Punjab Police website, the Police Station Record Management System (PSRMS) is operational in all Punjab police stations:

Presently all FIRs are being entered in the system and corresponding entries into different registers are done electronically by the system itself. The supervisory officers can see status of a specific case and also obtain other information like recovery, witnesses, sureties, case diaries, name of victims, name of accused, name of witnesses, challan [3] date, next date of hearing, gender of victims etc. So far, 4.65973 [m]illion FIRs have been entered into the system. (Punjab 2021-01-28)

According to an information note on Pakistan by the UK Home Office dated March 2020, an automated process to record FIRs was in place in Punjab (UK 2020-03, para. 1.3.3).

The PITB reports that it and the Punjab Police have already "replicated" the FIR automation system for the Sindh Police and that the governments of Gilgit-Baltistan and Balochistan have also "requested installation" of the software (Punjab [2017]). According to the UK Home Office note, an automated process to record FIRs was in place in Sindh in March 2020 (UK 2020-03, para. 1.3.3).

Information on whether the other provinces of Pakistan have an electronic FIR registration system could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3 Data Sharing

Information on the links between the FIR registration system and the authorities' other databases or on the possibility of tracing someone through these systems was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The UK Home Office information note states that Pakistan does not have a central police database and that criminal records are not automatically shared electronically across police stations or provinces, but they may be shared manually (UK 2020-03, para. 1.3.1). However, US Country Reports 2021 states that the Pakistani government uses technologies and "practices" to monitor people (US 2022-04-12, 18).

The information in the following paragraph is from an article appearing in Dawn on 7 October 2018:

At the time of the article's publication, the Khyber Pakhtunkhwa police was "linking [the FIR registration] system to the criminal record verification system," which contained "digitised fingerprints, pictures and other documents" linked to more than 9,000 individuals, and "work was under way" to connect this police system with the National Database and Registration Authority (NADRA) database. "[D]esignated officers of police stations, posts and checkpoints" could check the database for a suspect identified in an FIR through their cell phones, provided that they had the suspect's name, national identity card number, father's name and address. According to a police representative, "if there was an FIR registered against the suspect in any part of the province, the officials would receive a text message within 30 seconds containing the crime and related details" (Dawn 2018-10-07).

Media sources reported in 2018 and 2019 that, along with other technologies, the digitization of FIRs had enabled the police to conduct verifications and arrest wanted individuals (The News International 2019-01-12; Dawn 2018-10-07).

The information in the following two paragraphs on the FIR register in Punjab is from PITB publications:

The FIR register is integrated with NADRA, with the Police Human Resource Management Information System and with the Anti Vehicle Lifting System, among others (Punjab [2017]). The PSRMS (the FIR management system), like other applications related to law and order, is integrated with the Criminal Record Management System (CRMS), "a digitised system that contains personal details … of criminals," including their Computerized National Identity Card (CNIC), a description of their physical appearance and photos (Punjab n.d.c). Searches can be conducted in the CRMS with a CNIC number or biometric information (Punjab n.d.c). The Smart Police Facilitation Center software, used by front desk officers at Police Service Centres [or Police Khidmat Markaz (PKM)], is integrated with parent systems like the FIR management system (Punjab n.d.d).

The FIR management system can be consulted using a web-based mechanism, smartphone, or SMS (Punjab n.d.c). "Using CRMS an investigation officer sitting in any police station of Punjab can apply his filters of known information and make a search in the central database" (Punjab n.d.c). Using the FIR register, the police have access to all FIRs and their status (Punjab [2017]).

A May 2022 article in the Express Tribune reports that, to ensure compliance with the law as written, FIRs had to be registered manually again, in addition to being registered electronically in the PSRMS (2022-05-02). The same article describes the digital FIR registration system as follows:

Central computerised control rooms, known as "Ops Rooms," were set up in the IGP [Inspector general of police] office and all RPO and DPO [regional and district police officers] offices, where any entry made in police system was accessible. Public dealing counters connected with internet to the Police Station Record Management System were also set up. Under the system, entries in the registers of police stations, including FIRs, were uploaded instantly to the centralised computer system that could be accessed and monitored by all the senior officers.

… Presently, all FIRs are entered into the system and corresponding entries into different registers are done electronically. (The Express Tribune 2022-05-02)

Information on the links between the FIR registration system and the authorities' other databases or on the possibility of tracing someone through these systems in the other provinces of Pakistan could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Presentation
2.1 Content

Sources indicate that the following information should be provided at the time of lodging an FIR:

• name and address of the complainant (CPDI Pakistan n.d., 2);
• date, time and location of the reported incident (CPDI Pakistan n.d., 2);
• facts of the incident (CPDI Pakistan n.d., 2);
• names of the accused and their "salient features" (Abbas Zaidi 2016-04, 13), or "[n]ames and description of the persons involved in the incident" (CPDI Pakistan n.d., 2);
• roles of the accused in the reported crime (Abbas Zaidi 2016-04, 13);
• names and address of witnesses, if applicable (CPDI Pakistan n.d., 2); and
• the complainant's signature or left thumbprint on the FIR (CPDI Pakistan n.d., 2).

According to an English-language template of an FIR sent to the Research Directorate in December 2018 by a Lahore-based human rights activist, published commentator, and lawyer, an FIR contains the following fields:

• the name of the police station;
• the FIR number;
• the date and time of the incident reported;
• the date and time the report was registered;
• the name and address of the reporting person and the complaint;
• a brief description of the offence and any stolen items;
• the place of the incident and its distance from the police station;
• the steps taken in the investigation and an explanation for any delay in registering the information;
• the date and time when officers were dispatched to the scene;
• a space to add details (Attachment 1).

To this list of required information, the UK Home Office adds the district/town, the applicable section of the Pakistan Penal Code in relation to the incident, the investigation officer, the reporting person's signature (or thumb print) and the duty officer's signature (UK 2020-03, para. 1.3.2).

According to an online FIR registration form that appears on the Khyber Pakhtunkhwa Police website, the reporting person must also provide their mobile telephone number, gender, country, province, district, and home police station and indicate whether they have already visited the police station (Khyber Pakhtunkhwa n.d.a). The FIR registration form also gives them the option to provide their CNIC number, age, and email address (Khyber Pakhtunkhwa n.d.a).

The compendium on police laws and criminal procedures in Pakistan also states, regarding the FIR, that it "depicts the initial version of events conveyed to the prosecution," but it is not meant to be an "exhaustive document" and that "if the detailed facts have not been mentioned therein, it would not diminish its correctness" (RSIL & NPB of Pakistan 2016-07, 61).

2.1.1 Information on Castes

According to sources consulted by the Research Directorate in 2018, it is not a requirement to include information about castes in FIRs (Activist 2018-12-20; law office 2018-12-18; Advocate of the High Court, Islamabad 2018-12-14). However, in 2018 correspondence with the Research Directorate, a human rights activist stated that police "often" insert information about religion or caste in FIRs (Activist 2018-12-20). A representative of a law office in Lahore noted, in 2018 correspondence with the Research Directorate, that caste information will be included in an FIR if a person's caste is part of their name (Law office 2018-12-18). An Advocate of the High Court in Lahore indicated, in a 2018 correspondence with the Research Directorate, that police will mention caste information if it is provided by the complainant (Advocate of the High Court, Lahore 2018-12-15). The Lahore law office representative similarly stated that "the complainant may ask the police to insert the caste of [the] accused" (Law office 2018-12-18). In 2018 correspondence with the Research Directorate, a Lahore-based lawyer explained that the mention of caste information in an FIR was "usually the case in earlier days" to avoid confusion over different persons having the same name, but it is no longer the case since "everyone" now has a national identity card (Lahore-based Lawyer 2018-12-21).

2.2 Format and Appearance

The Advocate of the High Court in Lahore indicated in 2019 that the format of FIRs was the same across Pakistan and Azad Kashmir, but that in a few areas, FIRs were "computerized (typed)," while in other areas, they were still handwritten (Advocate of the High Court, Lahore 2019-11-28).

In correspondence with the Research Directorate, a Country of Origin Information (COI) Expert on Pakistan from Cedoca, the research unit of the Belgian Office of the Commissioner General for Refugees and Stateless Persons (CGRS), speaking on their own behalf and based on knowledge obtained through a 2017 fact finding mission in Pakistan and written sources, stated in 2019 that the paper used for FIRs is distributed directly to the police from the provincial governments (COI Expert 2019-12-09).

In an information report on Pakistan, Australia's Department of Foreign Affairs and Trade (DFAT) notes that FIRs "use standard forms with the relevant information written in by hand" (Australia 2022-01-25, para. 5.54).

The UK Home Office's note states that FIRs are written in Urdu or the local language (UK 2020-03, para. 1.3.3).

According to the websites of the Punjab Police and the Balochistan Police, the copy of the FIR provided to the reporting person is signed by the police officer and bears the stamp of the police station (Punjab n.d.a; Balochistan n.d.).

Samples of FIRs written in English, typed in Urdu, and handwritten in Urdu are attached to this Response (Attachments 1 to 3). An FIR registration form is available online on the Khyber Pakhtunkhwa Police website (n.d.a).

2.3 Security Features

Information on FIR security features was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. The Advocate of the High Court in Lahore stated in 2019 that FIRs had no particular security features (Advocate of the High Court, Lahore 2019-11-28).

2.4 Fraudulent Documents

In its information report on Pakistan, Australia's DFAT notes that FIRs "are relatively easy to counterfeit" and that "[r]eports exist of police accepting bribes to verify fraudulent FIRs" (Australia 2022-01-25, para. 5.54). According to the 2019 correspondence from the COI Expert, FIRs can be forged or the content can be adapted (COI Expert 2019-12-09).

3. Registering FIRs
3.1 Requirements

The Islamabad Police website states that registration of an FIR is the basic right of anyone who is the victim of a crime (Islamabad Capital Territory n.d.a). The websites of the Punjab Police and of the Balochistan Police indicate that "[e]very person has a right to report any matter at the concerned police station and have a [criminal (Balochistan n.d.)] case registered in the form of an FIR" (Punjab n.d.a; Balochistan n.d.). According to a guide for citizens on FIRs by the Centre for Peace and Development Initiatives Pakistan (CPDI Pakistan), an NGO that promotes democratic institutions and human rights, "[a]nyone who knows about the commission of a cognizable offence can file an FIR," be it a victim, a witness, or another individual, including a police officer (CPDI Pakistan n.d., 1). US Country Reports 2021 similarly states that FIRs are "usually" registered by third parties, but that police may file FIRs of their own initiative (US 2022-04-12, 10, 11). The compendium on police laws and criminal procedures in Pakistan specifies the following:

• the complainant does not need to have witnessed the incident;
• an FIR can be lodged by a minor;
• a "[d]ying declaration" may be treated as an FIR (RSIL Pakistan & NPB of Pakistan 2016-07, 61).

The same source notes that a preliminary inquiry is not required before registering an FIR (RSIL Pakistan & NPB of Pakistan 2016-07, 61).

3.2 Procedure

Section 154 of the Pakistan Code of Criminal Procedure describes the registration procedure for FIRs as follows:

154. Information in cognizable cases. Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police­station, shall be reduced to 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 in this behalf. (Pakistan 1898, bold and square brackets in original, references omitted)

Sources indicate that the commission of the offence can be reported orally or in writing (CPDI Pakistan n.d., 1; Punjab n.d.a; Balochistan n.d.), directly at a police station or to a patrolling police officer (Punjab n.d.a; Balochistan n.d.). The CPDI Pakistan guide on FIRs indicates that a telephone message "can be treated as an FIR" (CPDI Pakistan n.d., 1). In contrast, the compendium on police laws states that "[t]elephonic message[s] recorded by police" cannot be considered FIRs (RSIL Pakistan & NPB of Pakistan 2016-07, 61).

Sources indicate that the officer who receives an oral report is to record it in writing (Punjab n.d.a; Balochistan n.d.; CPDI Pakistan n.d., 2) and add it to the FIR register (Punjab n.d.a; Balochistan n.d.). The complainant has the right to ask that the information recorded by the police be read over to them, and should then sign the record, or provide a left thumbprint on it (CPDI Pakistan n.d., 2).

For the information that the reporting person must provide to file an FIR, see Section 2.1 on the content of FIRs.

3.2.1 Online Registration

A blog on FIRs posted on the website of the law firm Sardar & Co., which is located in Karachi, Sindh (Sardar & Co. n.d.b), states that if someone does not want to visit a police station to file an FIR, "online portals have been [set up] to receive complaints by every province in Pakistan[;] they are accessible through the official websites of provincial law enforcement agencies" (Sardar & Co. n.d.a). Sources interviewed in 2018 stated that it is possible to file FIRs online in Karachi (Karachi-based lawyer 2018-12-24; Lahore-based lawyer 2018-12-21; law office 2018-12-18), Punjab, and Khyber Pakhtunkhwa (Law office 2018-12-18).

Two articles from 24 August 2022, citing the Punjab police's inspector general, report that new services were inaugurated that day by the Punjab Police: the Online Complaint Management System and the Punjab Police WhatsApp Services (Dawn 2022-08-24; Minute Mirror 2022-08-24). Media sources note that according to the inspector general, these new services will allow citizens to register FIRs electronically (Minute Mirror 2022-08-24; The Current 2022-08-24). Still citing the inspector general, the same sources report that Pakistanis abroad will be able to access information and services from any location using these systems (The Current 2022-08-24; Minute Mirror 2022-08-24).

The Khyber Pakhtunkhwa Police website offers online registration of FIRs (Khyber Pakhtunkhwa n.d.a). Khyber Pakhtunkhwa's FIR registration form states that anyone registering an FIR will receive a "complaint tracking number in 24-48 hours" and can then "track the complaint progress either through the web portal or the PAS [A]ndroid app" (Khyber Pakhtunkhwa n.d.a). According to the June 2018 article published in the News International, the Khyber Pakhtunkhwa police's director of public relations stated that since the launching of the online portal, the Khyber Pakhtunkhwa police had registered 2,643 online FIRs across the province, 2,154 of which "'[had] been processed as per law'" (2018-06-14).

The Islamabad Capital Territory Police website offers online registration of FIRs (Islamabad Capital Territory n.d.b). Media sources reported in 2022 that the capital territory police had launched an online complaint management system for citizens to access services, including FIR registration, on its website (The News International 2022-03-25; The Nation 2022-02-24).

According to ProPakistani, a Pakistan-based news source focusing on technology (ProPakistani n.d.), in January 2021, the Balochistan Police implemented a digital system that provides individuals with services, including online FIR registration (ProPakistani 2021-01-20). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on registering FIRs online in Sindh, Gilgit-Baltistan, and Azad Kashmir could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.3 Obstacles to Registration and Corruption

Sources report that sometimes those trying to register an FIR face resistance from police (US 2022-04-12, 11; Amnesty International 2021-11-22, 12). According to US Country Reports 2021, "[l]ocal police sometimes attempted to discourage FIRs for lower-level offenses, instead encouraging individuals to find other avenues for justice, such as mediation" (US 2022-04-12, 11). The Human Rights Commission of Pakistan (HRCP) notes in its report on the state of human rights in 2021 that transgender persons in Peshawar, Khyber Pakhtunkhwa, reported that "the police often refused to file FIRs" against those involved in violence against members of the transgender community (HRCP 2022, 94). In a press statement on Punjab included in the same report, the HRCP notes that according to "citizens" it is becoming "increasingly difficult to register first information reports, especially in cases where relatives had been killed in police 'encounters' or in custody, or in cases of illegal land acquisition by influential people" (2022, 230). In a report on enforced disappearances in Pakistan, Amnesty International notes that 8 of the 10 families of disappeared people it interviewed reported that they had difficulties in registering an FIR with the police (2021-11, 12). The same source notes that "[s]ome" families of forcibly disappeared people reported that the police sometimes refused to name or implicate intelligence agencies or military forces in an FIR (Amnesty International 2021-11, 12).

According to US Country Reports 2021, "[s]ome authorities reportedly … failed to file [FIRs] when provided with adequate evidence unless the complainant paid a bribe" or reportedly asked for money to fund investigations (US 2022-04-12, 11). In an article published in the News International in 2018, Advocate Muhammad Ahmad Pansota wrote that "[p]olice officers tend to misuse their position before and after an FIR has been registered. As a result, people are compelled to illegally gratify the police" (Pansota 2018-06-07). Various sources from 2016 and 2019 indicate that police have been known to refuse to register FIRs unless bribes are paid (JPP & OMCT 2016-09; HRW 2016-09, 22; US 2019-06-20).

3.3.1 Obligations and Remedies

The compendium on police laws in Pakistan states that "Section 154 [of the Pakistan Code of Criminal Procedure] requires the [police station house officer] to lodge an FIR based on the information conveyed to him, disclosing the commission of a cognizable offence, irrespective of the information being correct or incorrect" (RSIL Pakistan & NPB of Pakistan 2016-07, 61). The same source adds that "[t]he law requires that an FIR be mandatorily recorded in a cognizable case. For non-cognizable cases, the information must be entered into the register and, in either case, entry into the register may not be refused (RSIL Pakistan & NPB of Pakistan 2016-07, 61). The websites of the Punjab Police and the Balochistan Police similarly indicate that "[n]o police officer has the authority to refuse registration of a case" (Punjab n.d.a; Balochistan n.d.). The CPDI specifies that non-registration of FIRs by the police "is an offence and can be a ground for disciplinary action against the concerned police officer" (CPDI Pakistan n.d., 1). A December 2018 article by the Pakistan-based newspaper the Nation reports on the case of two police officers who had refused to register an FIR further to house robberies, and where the first officer was suspended while the second was subjected to "departmental action" (2018-12-31). Further information on the disciplinary actions that can be imposed on police officers who refuse to register an FIR could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the websites of the Punjab Police and the Balochistan Police, "[i]n case a crime is reported and a case is not registered, the person who reports the crime must inform the Sub-Divisional Police Officer or the Superintendent of Police or the District Police Officer responsible for law and order in that particular area" (Punjab n.d.a; Balochistan n.d.). The CPDI guide on FIRs for citizens similarly indicates that if the police refuse to register an FIR, the complainant can submit a complaint to the District Police Officer (DPO), the Capital City Police Officer (CCPO), or "other higher officers," including the Deputy Inspector General (DIG) of police, or the Provincial Police Officer (PPO), who may order the registration of an FIR if they are "satisfied" with the complaint (CPDI Pakistan n.d., 3). The CPDI guide adds that it is also possible to file a complaint with the District Public Safety and Police Complaints Authority, or a private complaint before a court (CPDI Pakistan n.d., 3). In its report on enforced disappearances, Amnesty International states that out of the eight families of disappeared people it interviewed, two indicated that they "had to file writ petitions with the Supreme Court of Pakistan just to get an FIR registered" (2021-11, 12).

3.4 Registration of False FIRs and Corruption

According to US Country Reports 2021, "[s]ome" authorities reportedly filed FIRs against detainees to "harass" or "intimidate" them (US 2022-04-12, 11). Amnesty International reports cases where, after protests against enforced disappearances in 2021, police reportedly registered FIRs against protesters for "'blocking the road'" or for "disobeying the law" when they were participating in a peaceful protest march (2022-08-11, 17). In a report on freedom of peaceful assembly, the HRCP similarly reports several cases of FIRs being registered by police against protesters or those participating in gatherings in various regions of Pakistan (2022-04, 96, 97). In a report on sectarian violence in Pakistan, International Crisis Group (Crisis Group) reports that according to a senior counter-terrorism official interviewed in May 2022, "[p]olice continue to file first information reports against the organisers of Shia processions" (2022-09-05, 16). Citing interviews with human rights activists, lawyers, and HRCP staff, the same source notes that police "have even filed first information reports against individuals" for receiving "allegedly blasphemous content on their cell phones" (Crisis Group 2022-09-05, 12).

The HRCP notes the case of an FIR registered by the police against nine residents of Nagar Colony, in Gilgit, who were protesting against power outages; the chief court later quashed the FIRs, ruling that residents had the right to hold peaceful protests (2021, 174). In its report on the state of human rights in 2021, the HRCP also notes a case in Balochistan where the police filed an FIR against students protesting against irregularities in admission tests for a medical college, whom they arrested and later released (2022, 117). The students resumed protesting, then against the filing of the FIR, and the government withdrew the FIR after "a couple of days" (HRCP 2022, 117).

The HRCP further notes the authorities' "dangerous practice" of registering FIRs against hundreds and, at times, thousands of "'unidentified people'" (2022-04, 103). US Country Reports 2021 notes that two FIRs were registered against 3,150 "known and unknown" Pakistan Democratic Movement workers under the Punjab Infectious Diseases Ordinance after a rally in Multan (US 2022-04-12, 40).

In a report on blasphemy laws in Asia, the US Commission on International Religious Freedom (USCIRF) explains the following about FIRs:

These complaint systems exist in several South and Southeast Asian countries. Given that any private individual can initiate a complaint, FIRs are not always filed in good faith and can be used to further personal vendettas, tarnish reputations, or attract negative attention. (US 2020, 40, references omitted)

According to Pansota's article, "[i]mplicating innocent people through the registration of fake FIRs for personal enmity is a common practice in Pakistan" (2018-06-07). A September 2022 article in the Nation by Syed Kaleem Imam, a former police inspector general, and Hammad Rohila, a lawyer in business law, similarly states that the government department's workload is made heavier by the actions of "power elites and daredevils" filing false complaints for revenge or to exercise power over others (Imam & Rohila 2022-09-12).

Sources report that a journalist and editor at the Express Tribune was arrested in September 2020 because of an FIR registered against him by a complainant who said he had discovered "'highly objectionable'" material on his Twitter and Facebook accounts, including posts against the Pakistan army (HRCP 2021, 61; Dawn 2020-09-11). The newspaper Dawn reports that according to information in the FIR, the complainant was a private citizen (2020-09-11). Sources report that according to the Karachi Union of Journalists (KUJ), his arrest was part of a campaign to "gag" independent voices (HRCP 2021, 61; Dawn 2020-09-11). In its report on the state of human rights in 2020, the HRCP notes that the journalist was detained "for several hours" before being released on bail (2021, 61).

Sources report that an FIR was registered against a journalist for "'negative propaganda'" targeting the Pakistan army (HRCP 2021, 138, 217; The Express Tribune 2020-09-15; Dawn 2020-09-15) and other state institutions (The Express Tribune 2020-09-15; Dawn 2020-09-15). News sources report that he was arrested in September 2020 and that the FIR was registered by a resident of Rawalpindi, Punjab (The Express Tribune 2020-09-15; Dawn 2020-09-15). In its report on the state of human rights in 2021, the HRCP further notes that during the last four years, cases of "fake FIRs" being registered against journalists had increased in Gilgit-Baltistan (2022, 180).

3.4.1 Protection

CPDI Pakistan notes in its guide that anyone who gives wrong information to the police or misleads the police can be prosecuted under section 182 of the Pakistan Penal Code, that anyone who refuses to sign their FIR can be prosecuted under section 180, and that anyone who lodges a false charge of offence with the intent to injure a person can be prosecuted under section 211 (n.d., 2).

The Pakistan Penal Code, amended on 16 February 2017, provides the following:

180. Refusing to sign statement. Whoever, refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to [1,500 rupees (C$7.49)], or with both.

…

182. False information with intent to cause public servant to use his lawful power to the injury of another person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant –

1. to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
2. to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may [extend to –
   
   1. Seven years in case the offence in which false information is gives in punishable with death;
   2. five years in case the offence in which false information is given is punishable with inprisonment for life; or
   3. one-fourth of the longest term of imprisonment or with fine as is provided for the offence in which false information is given and such offence is not covered under clause (a) or clause (b).]

…

211. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, [imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (Pakistan 1860, bold and square brackets in original, references omitted)

The websites of the Punjab Police and the Balochistan Police indicate the following:

[S]ection 182 of the Pakistan Penal Code provides for a maximum penalty of six months in prison or fine or both in case a person deliberately has a false case registered. The section is however non-cognizable, i.e. the police cannot automatically register a case under section 182. A court has to order police to proceed against a person under section 182 … (Punjab n.d.a; Balochistan n.d.)

Examples of prosecutions under these sections of the Pakistan Penal Code could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Imam and Rohila state regarding false FIRs that although misrepresentation before public officers is criminalized, the problem lies more with the need to "muster up the will to use [the penal code] more often" in order to address it (2022-09-12).

4. Copies
4.1 Possibility of Obtaining a Copy

Sources indicate that the complainant who lodged the FIR is entitled to receive a copy (Punjab n.d.a; Balochistan n.d.; CPDI Pakistan n.d., 2), free of charge (CPDI Pakistan n.d., 2). The websites of the Punjab Police and of the Balochistan Police indicate that "[a] certified copy of the FIR, signed by an officer bearing the stamp of the police station is to be provided to the person who reports the crime" (Punjab n.d.a; Balochistan n.d.). CPDI Pakistan's guide reminds citizens that if they register an FIR, it is their right to get a copy of the FIR free of cost and that they should always ask for one "if the police do not give it to [them]" (n.d., 2).

Information on who is authorized to request a copy of an FIR was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. In correspondence with the Research Directorate, an advocate to the Supreme Court stated in 2011 that "FIRs are available to all" (Supreme Court Advocate 2011-09-14). A report by the UK Border Agency dated 2011 states that on 2 October 2008, during an interview with the National Commission for Justice and Peace (NCJP), "a Christian human rights organization in Pakistan," the NCJP stated that "'even the press can manage [to obtain] the copies of FIRs'" (UK 2011-01-17, para. 19.31). Several examples of media reporting it held copies of FIRs were found among the sources consulted by the Research Directorate (The Express Tribune 2022-11-29; Dawn 2022-10-11; The News International 2022-06-16).

Somes sources stated in 2011 that FIRs are not public documents (Pakistan 2011-12-19; Karachi-based Advocate 2011-10-07). However, in correspondence with the Research Directorate, also in 2011, a Lahore High Court advocate said that FIRs were public documents, and that obtaining a copy of an FIR is possible, "though not always easy" (Advocate of the High Court, Lahore 2011-09-28).

4.2 Requirements and Procedure for Obtaining a Copy

Among the services provided by the Punjab Police Service Centres, the PITB lists issuing copies of FIRs (Punjab n.d.d). The websites of the Punjab Police and the Islamabad Capital Territory Police note that it is possible to get a copy of an FIR from a police service centre by providing some basic information: the original and two copies of the applicant's CNIC, the reason for applying for a copy of the FIR, the FIR number and police station [where it was registered] and a copy of "relevant documents" (Islamabad Capital Territory n.d.c; Punjab n.d.e). The same sources state that the service is free and takes about 5 to 10 minutes (Islamabad Capital Territory n.d.c; Punjab n.d.e).

The Advocate of the High Court in Lahore indicated that while the complainant has the right to obtain a copy of the FIR at any time, in some cases it can be "difficult" to obtain it without giving police a bribe (Advocate of the High Court, Lahore 2019-11-28).

Information on the availability of copies of FIRs in the other provinces of Pakistan could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.3 Obtaining a Copy Through a Proxy, a Power of Attorney, or From Abroad

Recent information on the possibility of obtaining a copy of an FIR from abroad and/or through a proxy was scarce among sources consulted by the Research Directorate within the time constraints of this Response.

The information in the following paragraph was provided by a Karachi-based advocate in correspondence with the Research Directorate in 2011:

"[I]t is not possible for someone abroad to obtain a certified copy of an FIR through a proxy." "[T]he only person who is entitled to get a copy (normally a carbon copy of the FIR) is the complainant. The Police authorities do not give a copy to anybody else." It is "practically" impossible to obtain a copy of an FIR "by any process [and] by any person." Obtaining a copy could take several years and may escalate to the level of the Supreme Court. The inability to obtain FIRs through a proxy applies to all areas of Pakistan. There is a possibility that an uncertified copy of an FIR may be obtained by bribing the police (Karachi-based Advocate 2011-10-07). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

However, in correspondence with the Research Directorate, an official at the High Commission of Canada to Pakistan stated in September 2011 that "a person need only appear, request the document on behalf of another, and they will receive a copy of the FIR certified with a wet seal by the office" (Canada 2011-09-08). The same source indicated that a member of the High Commission's Anti-Fraud Group consulted the Police Secretariat in Islamabad about obtaining FIRs and was told that "anyone in Pakistan can obtain a certified copy of an FIR on behalf of anyone else" (Canada 2011-09-08). The Advocate of the High Court in Lahore similarly stated in 2011 that a power-of-attorney letter is not required to obtain a copy of an FIR (Advocate of the High Court, Lahore 2011-09-28).

According to the official from the High Commission of Canada in Pakistan, the Police Secretariat stated that "there are no explicit procedures in place for an overseas national to follow in getting a certified copy of an FIR by proxy" (Canada 2011-09-08). However, in correspondence with the Research Directorate, an official at the High Commission of Pakistan in Ottawa stated in 2011 that a power-of-attorney letter stating that the applicant authorizes the proxy to collect a copy of the FIR on his or her behalf is required (Pakistan 2011-12-19).

The information in the following paragraph was provided by an official at the High Commission of Pakistan in Ottawa in two items of correspondence with the Research Directorate in 2011:

The applicant must go to a notary public to notarize the letter (Pakistan 2011-12-19) and state the reason he or she needs the FIR in the power-of-attorney letter (Pakistan 2011-09-14). After notarizing a power-of-attorney letter, the applicant must take the letter to the High Commission of Pakistan for attestation, which involves verifying the applicant's identity and signature, then adding a seal and a stamp on the document (Pakistan 2011-12-19). The High Commission for Pakistan in Ottawa charges C$20 for the attestation fee and takes "a couple of days" to process the attestation (Pakistan 2011-09-14). The applicant would have to send the power-of-attorney letter to the proxy in Pakistan with a copy of his or her identity document (Pakistan 2011-12-19). The proxy would then take the letter with the attached copy of the applicant's identity document to the police station where the FIR was registered (Pakistan 2011-12-19). The proxy would then have to show his or her own personal identity document in order to obtain a copy of the applicant's FIR (Pakistan 2011-12-19). The official said that he had not yet received any requests to attest power-of-attorney letters to obtain an FIR (Pakistan 2011-09-14). Outside of a proxy who adheres to the procedure for obtaining an FIR, police will not disclose an FIR to anyone that does not have something to do with the case (Pakistan 2011-12-19).

Although the official from the High Commission of Canada in Pakistan stated in 2011 that, according to the Police Secretariat, a proxy does not need an affidavit or a notarized letter, he recommended that an overseas applicant sign and notarize a letter giving the proxy permission to obtain a certified copy of the FIR on their behalf (Canada 2011-09-08).

The Punjab Police website mentions PKM "Global" services that are provided in Pakistan's diplomatic missions, including the Consulate General of Pakistan in Toronto (Punjab n.d.f). To obtain a copy of an FIR there, the applicant may go in person or send a family member with "written consent," provide their CNIC number, the FIR number and the name of the police station in which the FIR was registered (Punjab n.d.f).

4.4 Online

According to an Express Tribune article dated 17 September 2022, complainants can get a computerized copy of their FIR in the provinces of Khyber Pakhtunkhwa and Punjab (The Express Tribune 2022-09-17). The PKM Kiosk website gives the option to order a copy of an FIR for Punjab online (Punjab n.d.g).

4.5 FIR Checks

Information on conducting an FIR check was scarce among sources consulted by the Research Directorate within the time constraints of this Response.

The Advocate of the High Court in Lahore stated in 2011 that if a "foreign agency needs to get the FIR verified, a request can be sent to the concerned city police chief" (Advocate of the High Court, Lahore 2011-09-28).

The Khyber Pakhtunkhwa Police website provides the option to search electronic FIRs (E-FIRs) by CNIC number (Khyber Pakhtunkhwa n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] A cognizable offence is "one in which the police may arrest a person without warrant. They are authorized to start [an] investigation into a cognizable case on their own and do not require any orders from the court to do so" (CPDI Pakistan n.d., 2). A non-cognizable offence is "an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court's permission" (CPDI Pakistan n.d., 2).

[2] The compendium on police laws and criminal procedures was published by the Research Society of International Law (RSIL) in Pakistan and the Pakistani Ministry of the Interior's National Police Bureau (NPB) (RSIL Pakistan & NPB of Pakistan July 2016, iii). The RSIL is described as a "think tank aiming to develop national and international awareness regarding international law obligations and standards" in Pakistan, particularly through research and publications (RSIL Pakistan & NPB of Pakistan July 2016, 11).

[3] According to the Oxford Advanced Learner’s Dictionary, challan means either "a document in which an official claim is made by the police that somebody has committed a crime or a traffic offence" or "an official form or document relating to a payment" (Oxford Advanced Learner’s Dictionary n.d.).

References

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Advocate of the High Court, Islamabad. 2018-12-14. Correspondence with the Research Directorate.

Advocate of the High Court, Lahore. 2019-11-28. Correspondence with the Research Directorate.

Advocate of the High Court, Lahore. 2018-12-15. Correspondence with the Research Directorate.

Advocate of the High Court, Lahore. 2011-09-28. Correspondence with the Research Directorate.

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Additional Sources Consulted

Internet sites, including: Ary News; Azad Kashmir – Azad Government; Daily Balochistan Express; Daily Times; Independent News Coverage Pakistan; lawyersofpakistan.com; Pakistan – Consulate General in Toronto, High Commission in Ottawa, National Information Technology Board; Pakistan Hotline.

Attachments

1. Pakistan. N.d. FIR template in English. Sent to the Research Directorate by the activist, 2018-12-20.
2. Pakistan. N.d. Sample FIR typed in Urdu. Sent to the Research Directorate by the activist, 2018-12-20. Translated into French and English by the Translation Bureau, Public Services and Procurement Canada.
3. Pakistan. N.d. Sample FIR handwritten in Urdu. Sent to the Research Directorate by the activist, 2018-12-20. Translated into French and English by the Translation Bureau, Public Services and Procurement Canada.