FIA Act 1974 & Investigation Past Papers — Part 1 MCQs with Explanations

Under Section 3(1) of the FIA Act 1974, the Federal Government may constitute an agency to be called the Federal Investigation Agency for investigation of offenses specified in the Schedule.

Section 4(1) of the FIA Act 1974 states that the superintendence of the Agency shall vest in the Federal Government. The administration vests in the Director General.

Under Section 4(2) of the FIA Act 1974, the administration of the Agency shall vest in the Director General appointed by the Federal Government.

Under Section 5(1), members of the Agency shall have throughout Pakistan, in relation to the investigation of offenses specified in the Schedule, all the powers including powers relating to search, arrest of persons and seizure of property which Provincial Police Officers have under the Code of Criminal Procedure (CrPC).

Under Section 5(2) of the FIA Act 1974, any member of the Agency not below the rank of Sub-Inspector may exercise any of the powers of the officer-in-charge of a police station in the area in which he is for the time being.

Section 5(5) empowers the Director General or an officer authorized by him in writing to direct the seizure or attachment of property where there is reasonable apprehension of its disposal.

Section 6 explicitly states that members of the Agency shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (PPC).

Appeals against orders or administrative decisions lie before the appellate authority specified by the Federal Government or High Court having territorial jurisdiction.

Section 9 empowers the Federal Government to make rules for carrying out the purposes of the Act by notification in the official Gazette.

The Schedule to the FIA Act 1974 specifies offenses punishable under the Pakistan Penal Code as well as special enactments including the Prevention of Corruption Act 1947, Foreign Exchange Regulation Act 1947, Emigration Ordinance 1979, and PECA 2016.

Section 10 of PECA 2016 provides that cyber terrorism carries imprisonment for a term which may extend to fourteen years, or with fine up to fifty million rupees, or with both.

Part II, Chapter 1 of the Constitution of Pakistan 1973 contains Articles 8 to 28 which guarantee Fundamental Rights to citizens and persons in Pakistan.

Article 199 gives High Courts constitutional writ jurisdiction to enforce fundamental rights and provide judicial review over administrative and executive actions.

The Financial Monitoring Unit (FMU) established under Section 6 of AMLA 2010 is Pakistan's designated Financial Intelligence Unit (FIU) responsible for receiving Suspicious Transaction Reports (STRs) and Cash Transaction Reports (CTRs).

First Information Report (FIR) relating to the commission of a cognizable offense is recorded under Section 154 of the CrPC.

Section 161 of the CrPC empowers police and investigating officers to examine witnesses orally and record their statements during investigation.

Judicial confessions and statements under oath during investigation are recorded by a competent Magistrate under Section 164 CrPC with statutory warnings.

Section 173 of CrPC governs the submission of the final police / FIA report (Challan) to the court upon completion of investigation.

Section 5(3) confers power to arrest without warrant any person who has committed or against whom a reasonable suspicion exists of having committed any of the offenses specified in the Schedule.

Section 2(a) defines 'Agency' as the Federal Investigation Agency constituted under section 3.

Under Section 4(1)(f) of the CrPC, a cognizable offense is one for which a police officer may, in accordance with the second schedule or any other law, arrest without warrant.

Article 184(3) provides original jurisdiction to the Supreme Court where a question of public importance with reference to the enforcement of any of the Fundamental Rights is involved (Suo Motu and public interest litigation).

The National Accountability Bureau (NAB) was created under the National Accountability Ordinance (Ordinance XVIII) in 1999.

Section 14 of PECA 2016 provides that whoever fraudulently obtains, retains, or uses another person's identity information without authorization shall be punished with imprisonment up to three years or with fine up to five million rupees, or with both.

Both Pakistan Customs (under the Customs Act 1969) and the Federal Investigation Agency (under the Foreign Exchange Regulation Act 1947 included in the FIA Schedule) possess statutory jurisdiction over currency smuggling at international borders and airports.