Stages of Criminal Trial in Pakistan – Complete Legal Process Explained
By Lawyers of Pakistan – Legal Help You Can Trust
The criminal justice system in Pakistan follows a structured legal procedure under the Code of Criminal Procedure, 1898 (CrPC). From the registration of an FIR to the final appeal, every stage of a criminal trial is governed by specific legal provisions to ensure fair investigation, prosecution, and adjudication.
Understanding the stages of a criminal trial is essential for litigants, lawyers, law students, and anyone facing criminal proceedings in Pakistan.
1. Registration of FIR – Section 154 CrPC
A criminal case generally begins with the registration of a First Information Report (FIR) under Section 154 CrPC. The FIR is recorded by the police when information regarding a cognizable offence is received.
The FIR contains:
Details of the incident
Names of accused (if known)
Date, time, and place of occurrence
Allegations made by the complainant
Registration of FIR formally sets the criminal law into motion.
2. Investigation – Sections 156–173 CrPC
After registration of the FIR, the police start the investigation process. This stage includes:
Collection of evidence
Recording witness statements under Section 161 CrPC
Arrest of accused persons
Medical reports and forensic analysis
Site inspection and recovery proceedings
The purpose of investigation is to determine whether sufficient evidence exists against the accused.
3. Submission of Challan – Section 173 CrPC
Once the investigation is completed, the police submit a final report known as the “challan” before the trial court under Section 173 CrPC.
The challan contains:
Evidence collected
Witness list
Medical and forensic reports
Opinion of the investigating officer
The court then examines whether a prima facie case exists against the accused.
4. Cognizance by Court – Section 190 CrPC
At this stage, the court takes cognizance of the offence under Section 190 CrPC. Cognizance means the court officially acknowledges the case and begins judicial proceedings.
The magistrate or trial court may:
Accept the challan
Summon accused persons
Issue warrants if necessary
Dismiss the case where no offence is made out
5. Framing of Charge – Sections 221–224 CrPC
After hearing both sides, the court frames formal charges against the accused.
The charge specifies:
Nature of offence
Relevant legal provisions
Particular allegations against the accused
The accused is then asked whether they plead guilty or claim trial.
6. Prosecution Evidence – Sections 242–244 CrPC
This is one of the most important stages of a criminal trial. The prosecution presents its evidence before the court through:
Oral testimony of witnesses
Documentary evidence
Medical reports
Expert opinions
Recovery memos and forensic material
The defence counsel has the right to cross-examine prosecution witnesses.
7. Statement of Accused – Section 342 CrPC
After prosecution evidence concludes, the statement of the accused is recorded under Section 342 CrPC.
The accused is given an opportunity to:
Explain incriminating evidence
Deny allegations
Present their version of facts
This statement is an essential safeguard for ensuring fair trial rights.
8. Defence Evidence – Section 340(2) CrPC
The accused may produce defence evidence in support of their case. This may include:
Defence witnesses
Documentary material
Expert evidence
Alibi or contradictory evidence
Although not mandatory, defence evidence can strengthen the accused’s position before the court.
9. Final Arguments – Section 265-I CrPC
After completion of evidence, both prosecution and defence present final arguments.
The lawyers summarize:
Evidence on record
Contradictions and inconsistencies
Applicable law
Relevant precedents
The court then reserves or announces judgment.
10. Judgment – Sections 367–371 CrPC
The trial court delivers its judgment after evaluating the entire evidence and legal arguments.
The judgment may result in:
Conviction
Acquittal
Benefit of doubt to accused
Sentencing order
The court must provide reasons supporting its findings.
11. Appeal – Sections 404–430 CrPC
A party aggrieved by the judgment may file an appeal before a higher court.
Appeals may be filed against:
Conviction
Acquittal
Sentence
Orders of the trial court
Depending on the nature of the case, appeals may lie before:
Sessions Court
High Court
Supreme Court of Pakistan
Conclusion;
The criminal trial process in Pakistan is designed to ensure due process, fair hearing, and protection of legal rights. Every stage — from FIR to appeal — carries procedural significance and must comply with the provisions of the Criminal Procedure Code.
For litigants and accused persons, understanding these stages helps in effectively navigating criminal proceedings and safeguarding constitutional rights during trial.
If you need legal advice or representation in a criminal case at any stage in Pakistan, our legal team at lawyersofpakistan.com is here to assist you. We work with experienced criminal lawyers across Pakistan for matters including FIRs, bail, trial, appeals, prosecution and criminal defence. Contact us on WhatsApp at +92 336 2418786 or email us at ask@lawyersofpakistan.com with your case details to get started promptly.
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