What Happens After a Positive Challan Is Filed by the Police Investigation?
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Team: lawyersofpakistan.com – Online Association
What Happens After a Positive Challan Is Filed?
When the police submit a Positive Challan under Section 173 Cr.P.C., it means that the Investigating Officer believes sufficient evidence exists to prosecute the accused before a court of law.
However, a Positive Challan does not amount to a conviction and does not establish guilt. The prosecution must still prove the allegations beyond reasonable doubt during the trial.
Procedure After Submission of a Positive Challan
Once the challan is filed, the criminal case generally proceeds through the following stages:
1. Submission of Challan Before the Magistrate
The police submit the challan along with witness statements, documentary evidence, recovery memos, and other investigation records before the competent Magistrate.
2. Taking Cognizance by the Court
The Magistrate examines the police report and formally takes cognizance of the alleged offence.
3. Supply of Challan Documents to the Accused
Copies of the challan and all relevant prosecution documents are supplied to the accused to ensure a fair opportunity to defend the case.
4. Commitment to the Sessions Court (Where Applicable)
If the offence is exclusively triable by the Court of Session, the Magistrate commits the case to the Sessions Court for trial.
5. Hearing on Charge
The court hears arguments from both the prosecution and defence regarding whether sufficient material exists to proceed against the accused.
6. Framing of Charge or Discharge
After examining the record, the court may:
Frame a formal charge if there is sufficient material to proceed with the trial; or
Discharge or acquit the accused at the relevant stage if the available evidence is legally insufficient.
7. Commencement of Trial
Once charges are framed, the prosecution begins producing its evidence through witnesses, documents, expert reports, and other admissible material.
Does a Positive Challan Automatically Cancel Bail?
No. If the accused has already been granted bail, the filing of a Positive Challan does not automatically result in cancellation of bail.
The accused generally continues to remain on bail unless the court cancels it on legally recognized grounds.
Important Considerations for Defence Lawyers
Upon receiving the challan, a defence lawyer should carefully scrutinize the prosecution material, including:
- Statements of witnesses recorded under Section 161 Cr.P.C.
- Recovery memos and seizure documents.
- Medical evidence and forensic reports.
- Delays, contradictions, and inconsistencies in the prosecution case.
- Procedural irregularities in the investigation.
- Whether the essential ingredients of the alleged offences are actually made out.
- A thorough examination of these materials often reveals weaknesses that may significantly affect the prosecution’s case.
Positive Challan Is Not Proof of Guilt
A common misconception is that the submission of a Positive Challan means the accused has been proven guilty. This is legally incorrect.
A Positive Challan merely reflects the opinion of the Investigating Officer that there is sufficient evidence to prosecute. The ultimate determination of guilt or innocence rests exclusively with the court after evaluating the evidence produced during trial.
Under Pakistan’s criminal justice system, every accused person remains presumed innocent until proven guilty beyond reasonable doubt.
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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