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Federal Investigation Agency Act (FIA), 1974

Act· 1974· 7 pages
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Summary

This Act creates Pakistan's Federal Investigation Agency (FIA), replacing the earlier Pakistan Special Police Establishment and the 1962 Amalgamation Order, both of which it repeals under Section 10. Section 2 defines key terms, including "Director-General" and "public servant," the latter defined broadly to include employees of government-controlled corporations and bodies. Section 3 lets the Federal Government constitute the Agency, headed by a Director-General, to inquire into and investigate the offences listed in the Act's Schedule, including attempts, conspiracy, and abetment of those offences.

Section 4 places overall superintendence of the Agency with the Federal Government, while day-to-day administration rests with the Director-General, who exercises powers similar to a Provincial Inspector General of Police. Section 5 gives FIA members, for investigations under the Act, the same search, arrest, and investigation powers throughout Pakistan that provincial police officers have; a member of Sub-Inspector rank or above can also freeze property they believe is about to be improperly disposed of during an investigation, and violating such a freeze order is punishable with rigorous imprisonment for a term which may extend to one year, or fine, or both (Section 5(6)). A later-inserted provision (numbered 57 in the extract, added by a 2002 amendment) deems certain FIA legal officers — Assistant Directors (Legal) and Deputy Directors (Law) — to be Public Prosecutors for FIA cases.

Section 6 lets the Federal Government amend the Schedule of offences by notification, adding, modifying, or removing entries, and this power has been used extensively: the Schedule reproduced in the extract shows dozens of additions made between 1997 and 2021, bringing in offences under laws ranging from the Prevention of Corruption Act and Foreign Exchange regulations to more recent statutes like the Anti-Money Laundering Act, the Prevention of Electronic Crime Act, and laws against human trafficking and migrant smuggling. This means the FIA's actual investigative jurisdiction today — spanning financial crime, cybercrime, immigration and trafficking offences, and more — is defined mainly through this continuously updated Schedule rather than through the body of the Act itself.

Section 7 lets the Director-General delegate powers to specified Agency members. Section 8 grants indemnity, barring suits or prosecutions against the Federal Government, Agency members, or others for actions done in good faith under the Act or its rules. Section 9 authorizes the Federal Government to make rules covering service conditions and qualifications for Agency staff, the powers and functions of members in conducting investigations, assistance to provincial investigating agencies, and rewards for good work.

Given that the Schedule of offences the FIA investigates has been repeatedly expanded well into the 2020s, readers should check the current official Schedule for the up-to-date list of laws the FIA is empowered to enforce, rather than relying solely on the base Act text.

Key topics

federal law enforcementcriminal investigationfinancial crime and cybercrime jurisdictionpolice powerspublic prosecutors

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