A criminal case in Pakistan does not begin in the courtroom - it begins at the police station. From the moment an FIR is lodged to the day a judge pronounces the verdict, the case moves through a sequence fixed by the Code of Criminal Procedure 1898 (CrPC), with the offences themselves defined by the Pakistan Penal Code 1860 (PPC) and the evidence governed by the Qanun-e-Shahadat Order 1984. This guide maps that journey stage by stage so you know what happens, when, and under which law.
Stage 1: The FIR
Where a cognizable offence is reported, the officer in charge of a police station is bound to register a First Information Report under Section 154 CrPC. The FIR records the substance of the information - who, what, where and when - and sets the machinery of the state in motion. For a non-cognizable offence the police cannot investigate without a magistrate's order under Section 155. Getting the FIR right matters: it is the first document the trial court reads, and delay or contradiction in it is often the first thing the defence attacks. See our detailed guide on how to file an FIR in Pakistan.
Stage 2: Police investigation
Once the FIR is registered, the police investigate under Sections 156 to 173 CrPC. Investigation covers everything from visiting the scene and preparing site plans to recording witness statements under Section 161, obtaining a confession or statement before a magistrate under Section 164, effecting arrest, and collecting physical and forensic evidence. The accused has rights at this stage too - to be produced before a magistrate within 24 hours, to seek bail, and to be free from coercion. Our note on police investigation and your rights explains these safeguards, and if arrest is likely you should read up on bail procedure and pre-arrest (anticipatory) bail.
Stage 3: The challan (final report)
On completing the investigation, the police submit a final report - the challan - to the court under Section 173 CrPC. The challan names the accused, states the offences, and appends the witness list and the material collected. A person the police believe innocent may be placed in Column 2 rather than Column 3; importantly, the court can still summon a Column-2 person for trial. Crucially, the investigating officer's opinion is not binding on the court: even where the police recommend discharge, a magistrate who finds a prima facie case on the material may take cognizance and proceed.
Interim vs final challan. Where investigation is incomplete, police may file an interim challan to start proceedings and later submit a supplementary report under Section 173(3). The trial can begin on the interim report, but the court expects the complete challan without undue delay.
Stage 4: Framing the charge
Before evidence is recorded the court must frame a charge - a precise written statement of the offence the accused is alleged to have committed. In a sessions trial this is governed by Sections 265-C and 265-D CrPC: copies of the challan and statements are first supplied to the accused, and the judge then frames the charge only after examining the crime report, the Section 161 statements and the documents with the challan. The accused is asked to plead. If he pleads guilty the court may convict; if he pleads not guilty, the case proceeds to trial. A defective or omitted charge can, in serious cases, prejudice the whole trial.
The full sequence at a glance
| Stage | What happens | Governing law |
|---|---|---|
| FIR | Cognizable offence reported and registered | Section 154 CrPC |
| Investigation | Statements, recoveries, arrest, forensics | Sections 156-173 CrPC |
| Challan | Police final report filed with the court | Section 173 CrPC |
| Cognizance & charge | Copies supplied; formal charge framed; plea taken | Sections 265-C, 265-D CrPC |
| Prosecution evidence | Witnesses examined-in-chief and cross-examined | Qanun-e-Shahadat Order 1984 |
| Accused's statement | Incriminating evidence put to the accused (no oath) | Section 342 CrPC |
| Defence evidence | Accused may produce witnesses or evidence | Section 340 CrPC |
| Arguments & judgment | Final arguments; acquittal or conviction and sentence | Sections 265-H, 367 CrPC |
Stage 5: Prosecution evidence and cross-examination
This is the heart of the trial. The prosecution produces its witnesses, each of whom is first questioned by the prosecutor (examination-in-chief) and then by the defence (cross-examination), governed by the Qanun-e-Shahadat Order 1984. The Pakistani criminal trial is largely oral and witness-driven; documents and forensic reports are proved through witnesses. Quality outweighs quantity - a court may convict on the testimony of a single reliable witness. The burden of proof under Article 117 of the Qanun-e-Shahadat rests on the prosecution throughout, and the standard is proof beyond reasonable doubt. Any reasonable doubt goes to the accused, not as a matter of grace but as of right.
Stage 6: The accused's statement and defence
When the prosecution closes, the court examines the accused under Section 342 CrPC - without oath - and must put to him every piece of evidence appearing against him so he can explain it. This is not a formality: the superior courts have repeatedly held that failure to put material evidence to the accused can vitiate the trial. The prosecution has no right to cross-examine on a Section 342 statement. The accused may then choose to lead defence evidence, or to give evidence on oath under Section 340(2), in which case he can be cross-examined. Many acquittals turn on gaps the defence exposes at exactly this stage - a strong reason to engage counsel early. See our guide on how to hire a lawyer in Pakistan.
Stage 7: Arguments, judgment and sentence
After both sides address final arguments, the court delivers its judgment under Sections 265-H and 367 CrPC. If the prosecution has proved its case beyond reasonable doubt, the court convicts and then hears the parties on sentence; otherwise it acquits. The sentence must stay within the punishment the PPC or the special statute prescribes for the offence. A Court of Session can pass any sentence authorised by law, including death, subject to confirmation by the High Court where death is awarded. A convicted person has a right of criminal appeal to the higher court.
Which court hears your case
The forum depends on the gravity of the offence and, sometimes, the statute involved:
| Court | Typical cases | Sentencing reach |
|---|---|---|
| Judicial Magistrate | Minor and less serious offences | Limited (as fixed by CrPC and PPC) |
| Court of Session | Serious offences - e.g. murder, dacoity | Any lawful sentence, death subject to confirmation |
| Anti-Terrorism Court | Terrorism-related offences | Under the Anti-Terrorism Act 1997 |
| Accountability / Special Courts | Corruption, white-collar, cyber offences | Under NAB Ordinance / PECA 2016 / special law |
For a fuller map of the system, see our overviews of the district courts, the special courts, and cybercrime under PECA 2016.
Frequently asked questions
What is the difference between a complaint and an FIR?
An FIR under Section 154 is registered by the police for a cognizable offence. A private complaint is filed directly before a magistrate under Section 200 CrPC, who may then take cognizance without police involvement.
Can the court try a person the police declared innocent?
Yes. The investigating officer's opinion does not bind the court. A magistrate or sessions judge who finds a prima facie case, including against a Column-2 person, may summon and try that accused.
What does "beyond reasonable doubt" mean?
The prosecution must establish guilt so convincingly that no reasonable doubt remains. Any genuine, reasonable doubt is resolved in favour of the accused, who is entitled to acquittal.
Is the statement under Section 342 given on oath?
No. The Section 342 examination is without oath, and the accused cannot be cross-examined on it. He may separately choose to give evidence on oath under Section 340(2).
Can a conviction be challenged?
Yes. A convicted person can file a criminal appeal to the higher court, and further remedies such as revision and, in limited cases, appeal to the Supreme Court may be available.
How long will my trial take?
It varies widely - months for a simple magistrate case, often a year or more for a sessions trial. Adjournments, witness numbers and appeals all affect the timeline.