Legal Proceedings in Criminal Cases in Pakistan
The criminal justice system in Pakistan involves a series of legal proceedings aimed at ensuring a fair trial and dispensing justice. Let's discuss the different stages of criminal proceedings, with a particular focus on the steps taken throughout the investigation and trial process. The procedures mentioned, such as FIR registration, inquiries, recording statements and confessions, arrest and remand, framing charges, and appeals, play a crucial role in maintaining the rule of law. FIR Registration (First Information Report): The initiation of criminal proceedings often begins with the filing of an FIR, either under section 154 or through a direct complaint under section 200. The FIR serves as the foundation for subsequent investigative and legal actions. Investigation and Inquiry: Sections 156 and 202 of the Criminal Procedure Code authorize the police to conduct investigations or inquiries based on the FIR. This involves gathering evidence, examining witnesses, and collecting information to determine whether a crime has occurred and who the perpetrators might be. Recording Statements and Confessions: Sections 161 and 164 allow for the recording of statements and confessions during the investigation process. These records serve as crucial pieces of evidence during the trial phase. Arrest and Remand: Section 167 provides the legal framework for the arrest and remand of the accused. Physical or police remand may be granted based on the circumstances of the case, ensuring that the accused is available for further investigation. Challan under Section 173: Chalan is the formal submission of the police report under Section 173, outlining the evidence collected during the investigation. Subsections 169 and 170 provide options for the release of the accused when there is a lack of evidence or the case is sent to the magistrate for trial. Conclusion of FIR – Section 561 A: Section 561 A allows for the quashing of an FIR if the allegations are found to be baseless or if the matter is resolved through alternative dispute resolution mechanisms. Cognizance under Section 190: Section 190 empowers the magistrate to take cognizance of the offence based on the police report, complaint, or information received, initiating the trial process. Act 204 and 204A: Section 204 enables the magistrate to issue a warrant or summon the accused to appear in court, marking the formal commencement of legal proceedings. Bail – Sections 496 and 497: Sections 496 and 497 deal with the grant of bail to the accused, with section 497 distinguishing between bailable and non-bailable offences. Framing of Charges – Sections 221 to 240: Sections 221 to 240 outline the process of framing charges against the accused. This step is crucial as it sets the stage for the trial to proceed. Speedy Trial – Sections 249 A, 265 K, and 561 A: Sections 249 A, 265 K, and 561 A emphasize the importance of a speedy trial and provide provisions for the prosecutor and defence counsel to present their arguments and evidence. Examination of Accused – Section 342: Section 342 allows for the examination of the accused, providing an opportunity for them to explain the circumstances and present their defence. Initiation of Evidence – Sections 243, 265 E: Sections 243 and 265 E mark the beginning of the prosecution and defence presenting their respective evidence in court. Judgment – Section 245/265 H: Section 245/265 H outlines the process for delivering a judgment, either acquitting the accused or pronouncing the sentence based on the evidence presented during the trial. Appeal Process: The post-trial phase involves the possibility of appeal. Section 408 allows for appeals to be filed in the sessions court against the judgment passed by the Assistant Session Judge or Judicial Magistrate. Similarly, Section 410 provides the avenue for appealing to the High Court against the decision of the Sessions or Additional Sessions Judge. This comprehensive overview of legal proceedings in criminal cases in Pakistan highlights the intricate steps involved, from the filing of an FIR to the conclusion of a trial. Understanding these processes is crucial for both legal practitioners and the general public to ensure transparency, fairness, and the effective dispensation of justice within the criminal justice system. Suggested Reading: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lp-sg-jjjjjjjjjjjjj
Comment / Reply From
You May Also Like
Popular Posts
Newsletter
Subscribe to our mailing list to get the new updates!