Lecture on Criminal law

An Overview of Criminal Law in Pakistan: Offences, Trials & Justice

By JurisEdge Associates LLP

Introduction

Criminal Law in Pakistan governs offences against individuals, property, and the state. It aims to ensure justice through fair investigation, prosecution, and adjudication. The primary legislation includes the Pakistan Penal Code, 1860 (PPC), Code of Criminal Procedure, 1898 (CrPC), and the Qanun-e-Shahadat Order, 1984.

Legal Framework of Criminal Law

Pakistan’s criminal law system consists of:

• Pakistan Penal Code, 1860 (PPC) – defines offences and punishments
• Code of Criminal Procedure, 1898 (CrPC) – outlines procedural rules
• Qanun-e-Shahadat Order, 1984 – governs admissibility and evaluation of evidence
• Anti-Terrorism Act, 1997
• National Accountability Ordinance, 1999
• Control of Narcotic Substances Act, 1997

Classification of Offences

1. Cognizable vs. Non-Cognizable Offences

• Cognizable: Police may arrest without warrant (e.g., murder, rape)
• Non-Cognizable: Police need court permission (e.g., defamation)

2. Bailable vs. Non-Bailable Offences

• Bailable: Bail is a right (e.g., hurt)
• Non-Bailable: Bail is at the court’s discretion (e.g., robbery)

3. Compoundable vs. Non-Compoundable Offences

• Compoundable: Can be settled by parties (e.g., hurt, assault)
• Non-Compoundable: Cannot be settled privately (e.g., terrorism, rape)

Criminal Investigation & Trial

• FIR (First Information Report): Lodged under Section 154 CrPC to start legal proceedings.
• Investigation: Police collect evidence, examine witnesses, and arrest accused if needed.
• Challan (Charge-Sheet): Filed in court after investigation.
• Trial: Conducted by Magistrates or Sessions Judges depending on gravity.
• Burden of Proof: Lies on prosecution; standard is beyond reasonable doubt.
• Right to Counsel: Protected under Article 10-A of the Constitution.

Punishments under Criminal Law

• Capital Punishment (e.g., murder, terrorism)
• Life Imprisonment
• Imprisonment (rigorous or simple)
• Fine or Compensation (Diyat, Arsh, Daman)
• Forfeiture of Property
• Corporal Punishment (largely abolished)

Special Laws & Courts

• Anti-Terrorism Courts (ATCs): Terrorism-related cases
• Accountability Courts: Corruption under NAB laws
• Anti-Narcotics Courts: Drug-related offences
• Cybercrime Courts: Established under PECA 2016

These courts are governed by special procedures and often require evidence to be presented on fast-track timelines.

Rights of the Accused

• Presumption of innocence
• Right to fair trial (Article 10-A)
• Right to remain silent
• Right to legal counsel
• Right to be informed of charges
• Protection against double jeopardy
• Protection from self-incrimination

Challenges in Criminal Justice System

• Delays in investigations and trials
• Custodial torture and forced confessions
• Weak prosecution and poor witness protection
• Political interference in police and judicial proceedings
• Overcrowded prisons with undertrial prisoners

Reforms & Recent Developments

• Alternate Dispute Resolution (ADR) initiatives in minor cases
• Witness Protection Acts introduced in Punjab and Sindh
• Judicial activism by higher courts for bail and fundamental rights
• Technology-driven policing (FIR e-registration, forensic tools)
• Increased emphasis on police training and human rights

Conclusion

Criminal Law in Pakistan is vital to upholding public safety and rule of law. Despite a strong legislative framework, challenges in enforcement and administration hinder justice delivery. At JurisEdge Associates LLP, we are committed to defending rights and delivering justice in criminal trials, bail matters, and white-collar crime cases.

Prepared by JurisEdge Associates LLP — Legal Experts in Criminal Trials, Bail Matters & White-Collar Crime
+92 333 6375410
https://jurisedgeassociates.com