# Can you get an FIR against a police officer in Pakistan?

> Yes. Entering a home without lawful cause is an offence under Article 156 of the Police Order, and a Justice of Peace can order the FIR.

- Topic: Criminal law
- Court: Peshawar High Court
- Citation: Cr. M/QP No. 87-P of 2018
- The myth: "You can't get an FIR against a policeman." Verdict: Wrong: a Justice of Peace can order one, and the offence carries up to five years.
- Watch: https://failegal.site/media/complaint-against-police-officer-fir-pakistan (video https://failegal.site/media/complaint-against-police-officer-fir-pakistan/reel.mp4, 1:14)
- Published by FAI Legal on 2026-11-14

Yes. A police officer who enters or searches a home without lawful authority or reasonable cause commits an offence under Article 156 of the Police Order 2002, punishable with up to five years and a fine. In a 2018 case from Mardan, a Justice of Peace ordered the case against an SHO to be registered, and on 12 October 2018 the Peshawar High Court dismissed the SHO's challenge at its first hearing.

There is a limit. An officer who was only careless in an investigation falls under sections 166(2) and 186(2) of the Penal Code, which are non-cognizable, so there is no direct FIR: the Lahore High Court sends those through a magistrate or a private complaint (2023), or an application to the officer's seniors (2019).

## Key points

- The offence: a police officer who "without lawful authority, or reasonable cause, enters or searches" a building commits an offence punishable with up to five years and a fine (Police Order 2002, Article 156(a)).
- The Justice of Peace found that her complaint "constituted a cognizable offence under Article 156 of the Police Order, 2002", and left the truth of it to the investigation (para 3).
- The order went to the District Police Officer, because the FIR section "was not expected to be invoked by the local police" when the complaint was against the SHO himself (para 4).
- The High Court called it "apparently another example of high handedness by the local police" and misuse of authority, and dismissed the SHO's petition at the first hearing (paras 5 and 6).
- Only careless? Sections 166(2) and 186(2) of the Penal Code (up to three years) are non-cognizable, so "FIR cannot be registered"; a magistrate, a private complaint or the officer's seniors are the routes (Lahore High Court, 2023 and 2019).

## Complaint against a police officer: the short answer

You asked what happens to a policeman who misuses his power, and whether there can even be an FIR against him. There can. Article 156 of the Police Order 2002 makes it an offence for a police officer to enter or search a building without lawful authority or reasonable cause, to seize property or to detain, search or arrest anyone vexatiously and unnecessarily, or to inflict torture or violence on a person in custody. The punishment is imprisonment of up to five years and a fine.

People search this as how to file a complaint against a police officer, complaint against police officer, and in Roman Urdu police ke khilaf FIR kaise kare or police ke khilaf konsi dhara lagti hai. The short version: for an unlawful entry, search, arrest or seizure, Article 156; if the police will not register it, apply to the ex-officio Justice of Peace.

## The case: a midnight raid in Mardan

On the midnight of 2 September 2018 the SHO and other police officials entered a house in Mardan and asked for the complainant's father, who was not at home. In her application she said the women of the house were severely beaten, among them her sister-in-law, who had given birth to a son a couple of days before; that the cupboards were searched; and that three tola of gold ornaments, Rs 150,000 and Rs 52,000 went missing (para 2).

She said nobody in the house was wanted by the police, because "even in the case of her father, the High Court had suspended order of D.C. Mardan" (para 2). In his comments the SHO "tried to justify the midnight raid for arrest of father and uncle" of the complainant on the Deputy Commissioner's orders under section 3 of the Maintenance of Public Order law (para 3).

## The Justice of Peace said yes

Her application went under section 22-A of the Criminal Procedure Code to the ex-officio Justice of Peace, an Additional Sessions Judge in Mardan. On 28 September 2018 the Justice of Peace held that the allegations "constituted a cognizable offence under Article 156 of the Police Order, 2002", and that whether the women were mistreated, whether valuables and cash were taken, and whether the suspension order had reached the SHO "were the 'area of investigation' and could not be determined prior to setting of law into motion" (para 3).

The Justice of Peace accepted the application and told the District Police Officer, Mardan, to proceed under section 154 of the Criminal Procedure Code, the FIR section (para 1). The High Court explained why it went to the District Police Officer: section 154, though meant for the officer in charge of the police station, "was not expected to be invoked by the local police in view of the fact that the complaint was against SHO and other police officials of the local Police Station" (para 4).

## We read it in FAI Legal

The judgment is on FAI Legal's Judgment Search, marked as a citation from the court record, with every paragraph open in the judgment reader; the paragraphs quoted on this page are paras 1 to 6. Article 156 of the Police Order 2002 is on Statute Search, quoted from the section itself. The two Lahore High Court rulings are in the same archive.

## The High Court: thrown out at the first hearing

The SHO asked the Peshawar High Court to quash the order under section 561-A of the Criminal Procedure Code. On 12 October 2018 the High Court found that his counsel "could point out no illegality or legal infirmity in the impugned order", in a matter "which is apparently another example of high handedness by the local police while demonstrating scant regard for order of highest Court in the Province and resorting to misuse of authority" (para 5).

The petition was "dismissed in limine", that is, at the very first hearing (para 6). The court's word "apparently" matters: the truth of what happened that night was left to the investigation, and nothing in this order decides that the SHO is guilty.

## The limit: only careless is different

Not every police failure is an Article 156 offence. An officer who carries out an investigation carelessly falls under sections 166(2) and 186(2) of the Penal Code, punishable with up to three years or a fine or both. On 5 June 2023 the Lahore High Court (Writ Petition No. 10957 of 2023) said these sections, "according to the second schedule of Cr.P.C. are non-cognizable, therefore, FIR cannot be registered" (para 4).

For those the court pointed to other routes: "direction for initiating the process under section 155 of Cr.P.C. can be passed or aggrieved can file private complaint under such sections in respective court", and section 166 can also go to the Anti-Corruption Establishment. In an earlier case (Criminal Revision No. 205741 of 2018, 11 February 2019) the Lahore High Court said the complainant "may move an application to the high ups of the police department". The 2023 ruling also noted that Article 156 offences "do not require any sanction of authorized officer and being punishable up to five years would be cognizable" (para 7).

## Police won't register your FIR? What to do

If the police refuse to register a cognizable offence, you can apply to the ex-officio Justice of Peace (a Sessions Judge, or an Additional Sessions Judge) under section 22-A of the Criminal Procedure Code; that is the route this complainant took. Write down what happened, when, who was there and what you lost, attach what you have, and keep copies.

If the complaint is against the station's own officer, ask for it to go to a senior officer, as the order in this case went to the District Police Officer. A lawyer can tell you which section fits your facts and where to apply.

## Find rulings like this on FAI Legal

FAI Legal is a website: open failegal.site in your phone's browser, there is nothing to download. Ask your question in plain words, read Article 156 on Statute Search, see this judgment in full on Judgment Search, and start a petition to the Justice of Peace from a ready template. Your case may be different: speak to a lawyer about it.

## The case at a glance

- **Facts:** At midnight on 2 September 2018 the SHO and other police officials entered a house in Mardan looking for the complainant's father, who was not at home. She said the women were beaten, one of them a new mother, the cupboards searched and gold and cash taken, and that the High Court had already suspended the Deputy Commissioner's order against her father. The SHO said the raid was to arrest her father and uncle on the Deputy Commissioner's orders (paras 2 and 3).
- **The question:** Whether the ex-officio Justice of Peace was right to order the District Police Officer to proceed under section 154 of the Criminal Procedure Code against the SHO on her application under section 22-A.
- **What the Court held:** Yes. The allegations made out a cognizable offence under Article 156 of the Police Order 2002, their truth was a matter for the investigation, and the order rightly went to the District Police Officer rather than the local police; the SHO's petition was dismissed in limine (paras 3 to 6).
- **Why:** The SHO could point out no illegality in the order, in a matter that was apparently high-handedness, scant regard for the High Court's order and misuse of the authority given to the police to protect the person, property, dignity and honour of citizens (para 5).
- **Limits:** The order did not find the SHO guilty: the beating, the missing valuables and whether the suspension order reached him were left to the investigation (para 3). Careless investigation alone falls under the non-cognizable sections 166(2) and 186(2) of the Penal Code, with no direct FIR (Lahore High Court, 2023).

## In the Court’s words

> "hence the petition is dismissed in limine" (Cr. M/QP No. 87-P of 2018, para 6)

## The law it relies on

- **Police Order 2002, Article 156:** Article 156 of the Police Order 2002 (as FAI's Statute Search shows it, updated 10.05.2016): whoever, being a police officer, "(a) without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place; (b) vexatiously and unnecessarily seizes the property of any person; (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) inflicts torture or violence to any person in his custody" shall be punished with imprisonment which may extend to five years and with fine. Police laws now differ by province; check the one in force where you live.
- **Pakistan Penal Code, Sections 166(2) and 186(2):** Pakistan Penal Code, section 166(2): a public servant entrusted with an investigation who fails to carry it out properly or diligently, up to three years or fine or both. Section 186(2): whoever hampers, misleads, jeopardizes or defeats an investigation, or issues a false or defective report, up to three years or fine or both. Both are non-cognizable (Lahore High Court, 5 June 2023, para 4).

## What this does not mean

- It does not mean the SHO was found guilty. The High Court said "apparently", and the truth of the beating, the missing gold and cash, and whether the suspension order reached him was left to the investigation (paras 3 and 5).
- It does not mean every police mistake is a crime with an FIR. Careless investigation falls under sections 166(2) and 186(2) of the Penal Code, which are non-cognizable, so there is no direct FIR (Lahore High Court, 2023).
- It does not mean the police as a whole are at fault. The order is about one raid on one house, as the complainant described it.
- The reel's woman, the SHO and the door are a picture of the question. Nobody in the real case is named here, and the police station is left out.

## Questions people ask

### Can an FIR be registered against a police officer in Pakistan?

Yes, when the facts show a cognizable offence. Entering or searching a home without lawful authority or reasonable cause, vexatious seizure, detention, search or arrest, and torture or violence in custody are offences under Article 156 of the Police Order 2002, up to five years and a fine; the Lahore High Court noted in 2023 that these need no sanction and are cognizable (para 7).

### How do I file a complaint against a police officer if the police won't register it?

Apply to the ex-officio Justice of Peace under section 22-A of the Criminal Procedure Code. In the Mardan case the Justice of Peace accepted the application and sent it to the District Police Officer, not the SHO's own station (paras 1 and 4).

### Police ke khilaf konsi dhara lagti hai?

Ghar mein bagair qanooni wajah ke ghusna ya talashi lena, bewaja giraftari ya hiraasat mein tashaddud: Police Order 2002 ka Article 156, paanch saal tak qaid aur jurmana. Sirf tafteesh mein laparwahi ho to PPC 166(2) aur 186(2), teen saal tak, magar seedhi FIR nahin.

### What if the officer was only careless in the investigation?

Then sections 166(2) and 186(2) of the Penal Code apply, up to three years or a fine or both. They are non-cognizable, so there is no FIR: the routes are an investigation with a magistrate's permission under section 155 of the Criminal Procedure Code, a private complaint, or an application to the officer's seniors (Lahore High Court, 2023 and 2019).

### Did the High Court decide that the SHO was guilty?

No. It upheld the order to register and investigate the case, calling it apparently high-handedness and misuse of authority, and left the facts to the investigation (paras 3, 5 and 6).

## Sources

- SHO v. the complainant and 2 others (names withheld), Cr. M/QP No. 87-P of 2018, Peshawar High Court, 12 October 2018. Entering a home at midnight without lawful cause makes out a cognizable offence under Article 156 of the Police Order 2002; the Justice of Peace rightly sent the case to the District Police Officer, not the local police, and the SHO's petition was dismissed in limine.
- A v. ASJ/JOP and others (names withheld), Writ Petition No. 10957 of 2023, Lahore High Court, 5 June 2023. Careless investigation falls under sections 166(2) and 186(2) of the Penal Code, which are non-cognizable: no FIR; the routes are section 155 of the Criminal Procedure Code or a private complaint. Article 156 offences need no sanction and are cognizable.
- A and others v. the State and others (names withheld), Criminal Revision No. 205741 of 2018, Lahore High Court, 11 February 2019. Against investigating officers, the complainant may move an application to the high ups of the police department, or the trial court may order an Article 155 prosecution on mala fides.
- Police Order 2002, Article 156 (checked in FAI Statute Search, 14 November 2026)
- Pakistan Penal Code, Sections 166(2) and 186(2) (checked in FAI Statute Search, 12 November 2026) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lo-sg-jjjjjjjjjjjjj)

## What the reel says

Can you get an FIR against a police officer?

You asked (@asdnvd): what happens to a policeman who misuses his power? A real case:

1. Mardan, midnight, 2 September 2018. Police came to a house to arrest a man who wasn't home. His daughter says the women were beaten, one of them a new mother, and gold and cash went missing.

2. The SHO said he came to make the arrest on the Deputy Commissioner's order. She said the High Court had already suspended that order.

3. The Justice of Peace (an Additional Sessions Judge) said yes: her complaint showed an offence under Article 156 of the Police Order 2002, up to five years and a fine, and the investigation would decide the rest. The case went to the District Police Officer, not the SHO's own station.

4. The SHO went to the High Court. On 12 October 2018 the Peshawar High Court called it apparent high-handedness and misuse of authority, and threw his petition out at the first hearing.

5. The limit: if an officer was only careless in an investigation (Penal Code 166(2) and 186(2), up to three years), the Lahore High Court says there is no direct FIR; it goes to a magistrate, a private complaint or his senior officers.

Police won't register your FIR? Apply to the Justice of Peace under section 22-A of the Criminal Procedure Code. Talk to a lawyer about your own case.

Full story: failegal.site/media/complaint-against-police-officer-fir-pakistan Should carelessness get a direct FIR too? Tell us why, no names.

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a lawyer about your own case. Last checked: 14 November 2026. Review status: Pending advocate review.

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