11/05/2026
MAGISTRATE CAN ADD, DELETE OR ALTER PROVISIONS/SECTIONS OF LAW IN F.I.R. AT REMAND STAGE :
Under the criminal procedure prevailing in Pakistan, a Magistrate does not ordinarily “amend” the F.I.R. itself, because the F.I.R. is merely the first information recorded by the police under Section 154 Cr.P.C. However, at the remand stage, the Magistrate possesses supervisory and judicial powers regarding investigation and may direct the Investigating Officer (I.O.) to investigate proper offences, add or delete penal sections according to the material available, or proceed under appropriate provisions of law.
The relevant provisions and legal basis are as follows:
1. Section 167 Cr.P.C.
167\ \text{Cr.P.C.}
This is the principal provision governing remand proceedings.
Under Section 167 Cr.P.C., the Magistrate is not a silent spectator. While considering physical or judicial remand, the Magistrate examines:
the F.I.R.,
case diary,
recovery/evidence,
medico-legal reports,
nature of allegations,
and legality of arrest/investigation.
If the Magistrate finds that:
certain penal provisions are wrongly inserted,
graver offences are made out,
or some offences are not attracted,
the Magistrate may pass an order directing the I.O. to proceed under proper provisions of law.
This power flows from:
judicial supervision of investigation,
remand jurisdiction,
and duty to prevent abuse of process.
The Magistrate may therefore:
refuse remand under inappropriate sections,
observe that a particular offence is not made out,
direct further investigation regarding another offence,
or require the I.O. to incorporate proper sections according to evidence.
However, technically the Magistrate does not himself “rewrite” the F.I.R.; rather, he issues judicial directions to the police regarding investigation and applicable law.
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2. Section 156 Cr.P.C.
156\ \text{Cr.P.C.}
Section 156 empowers the police to investigate cognizable offences, but such investigation remains subject to judicial oversight by the Magistrate having jurisdiction.
The Magistrate may:
monitor legality of investigation,
call for case diaries,
and issue appropriate directions for proper investigation.
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3. Section 173 Cr.P.C.
173\ \text{Cr.P.C.}
The final opinion regarding offences ultimately appears in the police report/challan under Section 173 Cr.P.C.
Even if an F.I.R. initially contains certain sections, the police may:
delete sections,
add graver sections,
or substitute provisions
during investigation and in the final report.
The Magistrate may also disagree with the police report while taking cognizance.
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4. Section 190 Cr.P.C.
190\ \text{Cr.P.C.}
Under Section 190 Cr.P.C., the Magistrate takes cognizance of offences, not merely of sections mentioned in the F.I.R.
Thus, even if police omit a section, the Magistrate may:
take cognizance under proper provisions,
summon accused under different sections,
or order further investigation.
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5. Section 202 Cr.P.C. (Limited Context)
202\ \text{Cr.P.C.}
In complaint cases, the Magistrate may direct inquiry/investigation and assess proper offences. Though not directly related to police remand, it reflects broader supervisory jurisdiction.
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Important Legal Position
The settled principle is:
> “Investigation is primarily the domain of police, but the Magistrate has supervisory judicial authority to ensure that investigation is fair, lawful and directed towards proper offences.”
Therefore:
The Magistrate cannot himself formally edit the text of the F.I.R.
But the Magistrate can legally direct the I.O. at remand stage to:
add relevant sections,
delete inapplicable sections,
investigate offences under correct provisions,
conduct further investigation,
or proceed according to evidence available.
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Important Pakistani Case Law
Supreme Court of Pakistan
Muhammad Bashir v. Station House Officer
The Supreme Court held that Magistrates possess supervisory jurisdiction to ensure fairness and legality of investigation and are not mere post offices in remand proceedings.
Suo Motu Case No. 7 of 2017
The Court emphasized independent judicial application of mind by Magistrates during remand and investigation supervision.
Hakeem Khan v. Government of Pakistan
Recognized the Magistrate’s role in ensuring lawful investigation and proper exercise of police powers.
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Practical Court Position
In actual criminal practice:
police frequently add/delete sections during investigation;
remand Magistrates routinely record observations such as:
“Section 324 PPC is not attracted at this stage,”
“I.O. shall examine applicability of Section 395 PPC,”
“matter requires further investigation under cybercrime provisions,” etc.
Such directions are legally sustainable when based on available record and judicial reasoning.
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Conclusion
A Magistrate derives authority mainly from:
Section 167 Cr.P.C. (remand jurisdiction),
read with Sections 156, 173 and 190 Cr.P.C.,
to supervise investigation and direct the Investigating Officer regarding proper applicability of penal provisions.
However:
the Magistrate does not technically amend the F.I.R. himself;
rather, he judicially directs the police/I.O. to investigate and proceed under correct sections according to the material on record.
By : Advocate Ch. Abdur Rahman Nasir Burm, Supreme Court of Pakistan 🇵🇰 LL.M, Cellphone 📱 0333 5123431
Advocate Ch. Abdur Rahman Nasir Burm-Online Legal Services-Pakistan
0333 5123431
