Criminal Case Procedure in Pakistan: Step-by-Step Guide

Criminal Case Procedure in Pakistan: Step-by-Step Guide

The criminal case procedure in Pakistan can feel confusing. However, understanding the exact steps makes it much easier. This blog explains the entire process in simple English, and it will be super easy to understand.


Table of Contents

🔍 What is the Criminal Case Procedure in Pakistan?

The criminal case procedure in Pakistan refers to the legal steps followed after a crime is reported. These steps are outlined in the Criminal Procedure Code (CrPC), 1898.


📝 Step-by-Step Process of Criminal Case Procedure in Pakistan

Let’s break it down:


1️⃣ Filing of FIR (First Information Report)

  • The first step in the criminal case procedure in Pakistan is the FIR.
  • Victim or witness submits this at the police station.
  • It must include:
    • Time and date of the incident
    • Description of the crime
    • Name(s) of the accused, if known

🚨 Important: Without an FIR, police cannot begin an investigation.


2️⃣ Police Investigation and Collection of Evidence

  • After the FIR, the police begin investigation.
  • This includes:
    • Visiting the crime scene
    • Collecting evidence
    • Interviewing witnesses
    • Arresting suspects if necessary

🔍 The goal is to build a strong case before trial.

📌 Role of Investigating Officer in Criminal Case Procedure in Pakistan

The investigating officer plays a critical role:

  • Collects evidence like witness statements and forensic data.
  • Submits a complete challan to the court.
  • Coordinates with prosecution to strengthen the case.

This makes them essential in the criminal case procedure in Pakistan.


3️⃣ Arrest and Police Custody

  • If police find strong evidence, they arrest the accused.
  • The accused must be presented before a magistrate within 24 hours.
  • Magistrate decides if further custody is needed.

4️⃣ Judicial Custody and Challan (Charge Sheet)

  • If custody is extended, accused is sent to judicial lockup.
  • Police prepare a challan (charge sheet) and submit to court.

📌 Difference Between Cognizable and Non-Cognizable Offenses

This impacts how police proceed:

  • Cognizable Offense: Police can arrest without court approval.
  • Non-Cognizable Offense: Court’s permission is needed.

Examples:

  • Cognizable: Murder, kidnapping
  • Non-Cognizable: Defamation, hurt

This classification changes the flow of the criminal case procedure in Pakistan.


5️⃣ Court Takes Cognizance

  • The trial court accepts the charge sheet.
  • It then issues summons or warrants to accused.
  • A case is officially registered in court.

6️⃣ Framing of Charges

  • The court formally frames charges against the accused.
  • The accused is asked to plead:
    • Guilty → punishment
    • Not guilty → trial begins

7️⃣ Trial Begins: Evidence and Witnesses

  • Both sides present evidence:
    • Prosecution presents witnesses and documents.
    • Defense cross-examines them.
  • Court evaluates facts during this stage.

📌 Trial Phases in Criminal Case Procedure in Pakistan

Every trial has multiple stages:

  1. Charge framing by court
  2. Prosecution presents evidence
  3. Cross-examination of witnesses
  4. Defense evidence submission
  5. Final arguments from both sides

➡️ These steps are crucial in the criminal case procedure in Pakistan.


8️⃣ Statement of Accused Under Section 342 CrPC

  • Court records the statement of accused.
  • They can explain their version of events.
  • No oath is taken at this stage.

9️⃣ Defense Evidence

  • Accused may choose to present their own witnesses.
  • This is not mandatory.

🔟 Final Arguments and Judgment

  • Lawyers from both sides give final arguments.
  • Then court announces verdict:
    • Conviction → punishment according to law.
    • Acquittal → accused is set free.

📌 Appeal Process in Criminal Case Procedure in Pakistan

If the accused is not satisfied with the verdict, they can file an appeal.

  • Appeal must be filed within the legal time limit.
  • It goes to a higher court, depending on the level of the original decision.
  • Appeals must be based on legal errors or misjudgment.

➡️ This step ensures fairness and justice in the criminal case procedure in Pakistan.


⚖️ Types of Criminal Courts in Pakistan

  • Sessions Court → For serious crimes (e.g. murder)
  • Magistrate Court → For minor crimes (e.g. theft)
  • Anti-Terrorism Court → For terrorism-related offenses
  • Special Courts → NAB, FIA, Cybercrime, etc.

📜 Key Laws in the Criminal Case Procedure in Pakistan

  • Criminal Procedure Code (CrPC), 1898
  • Pakistan Penal Code (PPC), 1860
  • Qanun-e-Shahadat Order, 1984 (Law of Evidence)

🕰️ Timeframe of a Criminal Case in Pakistan

  • Investigation: 14 to 90 days
  • Trial: 6 months to several years (depending on court and case)
  • Appeals: May take several additional years

🧠 Tips to Handle a Criminal Case in Pakistan

  • Hire a competent criminal lawyer.
  • Do not hide facts from your counsel.
  • Keep record of FIR, bail orders, and notices.
  • Attend all hearings regularly.
  • Follow court instructions carefully.

💡 Why Understanding the Criminal Case Procedure in Pakistan Matters

  • Saves time and legal costs
  • Avoids false expectations
  • Improves your legal decision-making
  • Helps you respond correctly during investigation

📌 Summary of Criminal Case Procedure in Pakistan

Here’s a quick recap:

🔹 FIR Lodged
🔹 Police Investigate
🔹 Arrest (if needed)
🔹 Judicial Custody
🔹 Challan Submitted
🔹 Charges Framed
🔹 Trial Begins
🔹 Final Arguments
🔹 Judgment Passed

🔹 Appeal vs Revision in Criminal Cases

  • Appeal allows re-hearing of the case in a higher court.
  • Revision is used to correct legal errors in lower court decisions.
  • Both follow separate procedures under CrPC.

🔹 Role of Public Prosecutor in Criminal Case Procedure in Pakistan

  • The prosecutor presents the case on behalf of the state.
  • Ensures evidence is legally and properly submitted.
  • Supports fair trial and justice, not just conviction.

🔹 Difference Between Trial Court and Sessions Court

  • Trial Court hears the case first and records evidence.
  • Sessions Court often handles appeals or serious crimes.
  • Hierarchical difference is vital in criminal proceedings.

🔹 Challan Submission Process in Criminal Case Procedure in Pakistan

  • After investigation, police submit a challan (charge sheet) under Section 173 CrPC.
  • It includes FIR copy, witness list, and collected evidence.
  • This step officially starts the trial phase.

🔹 What Happens After the FIR is Lodged?

  • Police verify facts and begin the investigation.
  • Arrest may occur if it’s a cognizable offense.
  • Evidence is collected, statements are recorded, then the challan is submitted.

🔹 Remand and Judicial Custody in Criminal Case Procedure in Pakistan

Courts must approve both types under CrPC rules.

Physical remand: Accused is in police custody for investigation.

Judicial remand: Accused is sent to jail under court supervision.

If you can’t afford a lawyer, free legal aid in Pakistan is available through NGOs and pro bono lawyers.


❓ Frequently Asked Questions (FAQs)

📌 What is FIR in the criminal case procedure in Pakistan?

FIR (First Information Report) is the starting point. It is filed at the police station after a crime occurs.


📌 Can police arrest without FIR?

No. A valid FIR is necessary to begin a legal investigation and arrest.


📌 How long does a criminal trial take in Pakistan?

On average, trials take 6 months to 2 years, depending on the complexity of the case.


📌 Can the accused apply for bail during the trial?

Yes, bail can be applied at different stages—before arrest, after arrest, or during the trial.


📌 What happens if police don’t submit challan?

The court may release the accused on bail or take notice against police officers for delay.


📌 Who can file a criminal case?

Anyone who is the victim, or a witness, or has knowledge of the crime can file a case by lodging an FIR.

Read our other blogs and enlighten yourself with all the needed information about the Law.

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