Criminal Law

Criminal law in Pakistan governs offenses against the state and society, and the procedures for investigating, prosecuting, and trying criminal cases. It is primarily based on the Code of Criminal Procedure, 1898 (CrPC), the Pakistan Penal Code (PPC), 1860 (much of which has been updated or replaced by newer legislation for specific offenses), and the law of evidence.

Structure of criminal courts

The main criminal courts are:

• Courts of Magistrates – Hear less serious criminal cases and conduct preliminary proceedings such as remand and bail in many matters.
• Courts of Session (Sessions Courts) – Try serious offenses such as murder, rape, and other major crimes.
• High Courts – Hear criminal appeals, revisions, bail petitions, and constitutional matters.
• Supreme Court of Pakistan – The highest appellate court for criminal matters.

Stages of a criminal case

A typical criminal case proceeds through these stages:

1. Registration of FIR (First Information Report) – Usually under Section 154 CrPC for cognizable offences.
2. Police investigation – Collection of evidence, witness statements, and arrests where permitted by law.
3. Submission of challan (police report) – Filed before the competent court after investigation.
4. Framing of charge – The court formally informs the accused of the allegations.
5. Trial
   • Prosecution presents evidence.
   • Defence cross-examines witnesses and may present evidence.
6. Judgment – The court acquits or convicts the accused.
7. Sentencing – If convicted, the court determines the appropriate punishment.
8. Appeal or revision – Either party may challenge the decision in a higher court where permitted by law.

Rights of an accused person

An accused generally has the right to:

• Be informed of the charges.
• Be produced before a magistrate within the constitutionally required time after arrest.
• Apply for bail where legally available.
• Be represented by a lawyer.
• Receive a fair trial.
• Be presumed innocent until proven guilty beyond a reasonable doubt.