The trial of criminal cases in Pakistan is governed by the Criminal Procedure Code (Cr.P.C.), 1898. The process ensures that every accused person receives a fair trial in accordance with Article 10-A of the Constitution of Pakistan, which guarantees the right to due process.
Shabir Shar Law Associates provides a clear, step-by-step explanation of how criminal cases proceed in Pakistan — from the filing of an FIR to the final judgment and appeal.
Step 1 — Lodging of FIR
The process begins when a complaint is made to the police under Section 154 Cr.P.C.. The First Information Report (FIR) records the nature of the alleged offence and sets the criminal law in motion. The police then start an investigation to collect evidence, record statements, and arrest suspects if necessary.
Step 2 — Investigation and Challan
After completing the investigation, the police submit a final report known as a challan to the magistrate under Section 173 Cr.P.C.. This document includes the evidence collected, witness lists, and the charge sheet outlining the alleged offences.
Step 3 — Classification of Trial
The nature of the offence determines the type of trial. The Cr.P.C. divides trials into the following categories:
- Magistrate Trial — for offences punishable with lesser terms of imprisonment.
- Session Trial — for offences punishable with death, life imprisonment, or imprisonment exceeding seven years.
- Summons Case — for offences punishable with imprisonment of up to two years.
- Warrant Case — for more serious offences requiring formal charges.
“The essence of criminal justice lies in fairness, transparency, and the opportunity for both sides to be heard.”
Step 4 — Framing of Charges
The trial court examines the evidence and determines whether there are sufficient grounds to proceed. If yes, the magistrate or session judge frames charges under the relevant sections of law. The accused is then asked whether they plead guilty or wish to contest the case.
Step 5 — Recording of Evidence
If the accused pleads not guilty, the court proceeds to record evidence from the prosecution side. Witnesses are examined, cross-examined, and re-examined. Afterward, the accused is also given a chance to present their defence evidence.
Step 6 — Examination of the Accused
Under Section 342 Cr.P.C., the accused is examined personally to explain any circumstances appearing against them in the evidence. This ensures that the court hears the accused’s version before reaching a conclusion.
Step 7 — Final Arguments and Judgment
After recording all evidence, both sides present their final arguments. The court then evaluates the case and pronounces its judgment — either acquittal or conviction. If convicted, the accused is given a chance to present mitigating factors before sentencing.
Step 8 — Right to Appeal
An accused who is dissatisfied with the trial court’s decision has the right to file an appeal before the higher court under the relevant provisions of Cr.P.C. Appeals must be filed within the prescribed limitation period.
Rights of the Accused During Trial
- The right to be presumed innocent until proven guilty.
- The right to counsel of choice and to prepare a defence.
- The right to be informed of the charges.
- The right to cross-examine prosecution witnesses.
- The right to protection from self-incrimination.
Role of Magistrate and Session Courts
Magistrate Courts deal with less serious offences and conduct summary or summons trials, while Session Courts handle heinous crimes such as murder, rape, and robbery. Session Judges cannot directly take cognizance of offences unless referred by a magistrate.
Importance of Legal Representation
A criminal trial is a complex legal process that requires expert representation. Shabir Shar Law Associates provides defence strategies, handles bail applications, and ensures your constitutional rights are fully protected at every stage of the proceedings.
Conclusion
The trial of criminal cases in Pakistan is designed to balance justice and fairness. From investigation to appeal, each stage serves a purpose in ensuring accountability and due process. If you are facing criminal charges, consult a professional defence lawyer to navigate the procedure effectively and safeguard your rights.
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