Procedure is what turns substantive law into outcomes in court. A well-pleaded case in the wrong forum fails. A brilliant argument on a defective FIR is wasted. In Pakistan, the two procedural codes — the Code of Criminal Procedure, 1898 (CrPC) and the Code of Civil Procedure, 1908 (CPC) — together with the Qanun-e-Shahadat Order, 1984 govern how cases enter, move through, and leave the court system. This guide is the hub for everything QanoonX publishes on Pakistani procedure: the how of legal practice, not the what.
The procedural framework
| Code | What it governs | Year |
|---|---|---|
| Code of Criminal Procedure (CrPC) | FIR, arrest, investigation, remand, bail, charge, trial, appeal, revision — the full criminal life cycle. | 1898 |
| Code of Civil Procedure (CPC) | Plaints, written statements, issues, evidence, decree, execution, appeals in civil suits. | 1908 |
| Qanun-e-Shahadat Order | Admissibility of evidence, burden of proof, witness competency, documentary evidence, presumptions. | 1984 |
| High Court Rules and Orders | Court-specific practice rules for each High Court — filing formats, daily cause lists, fee schedules. | Various |
Starting a criminal case
Almost every criminal case in Pakistan begins with one of two documents: an FIR registered at the police station, or a private complaint presented to a magistrate. Which one is appropriate depends on whether the offence is cognizable and whether the police are willing to act.
- Cognizable vs non-cognizable offences — the classification that determines whether the police can investigate without a magistrate’s order, and the first question any lawyer asks when a client walks in.
- How to file an FIR in Pakistan — the full Section 154 CrPC procedure, what happens after, and what to do if the officer-in-charge refuses to register.
- Filing a private complaint under Section 200 CrPC — when and how to bypass the police and go directly to the magistrate, and what the magistrate is empowered to do.
Phases of a criminal proceeding
Once the case is registered, it moves through well-defined statutory phases:
- Investigation — Sections 154 to 176 CrPC. Police powers of arrest, search, seizure, and recording of statements. Section 161 statements are not substantive evidence at trial.
- Remand — Section 167 CrPC. Physical custody for up to 14 days; judicial custody for longer periods up to 90 days with Court approval.
- Bail — Sections 496, 497, and 498 CrPC. Bail in bailable offences is a right; bail in non-bailable offences is discretionary, with well-established Supreme Court guidelines on when it should be granted.
- Challan — the police report under Section 173 CrPC that ends the investigation and places the case before the Court.
- Framing of charge — Sections 221–237 CrPC. The moment the case crystallises into a specific accusation.
- Trial — Sessions trials under Chapter XXII, warrant trials under Chapter XX, summary trials under Chapter XXII-A.
- Appeal, revision, and reference — Chapters XXXI and XXXII CrPC.
Procedure in homicide cases
The substantive law of homicide is set out in the PPC; the procedural law applies at every stage of the case. For detail on substance, see:
Civil procedure: the outline
On the civil side, the CPC governs. A civil suit begins with a plaint (Order VII), filed in the court of lowest competent jurisdiction. The defendant files a written statement (Order VIII). Issues are framed, evidence is recorded, and a decree is passed. Appeals lie first to the District Court, then to the High Court, and in certain cases to the Supreme Court.
The Family Courts Act, 1964 creates a special forum with its own procedure for family matters — see the family law hub for the procedural overlay that applies in Khula, dower, custody, and maintenance cases.
Evidence: the Qanun-e-Shahadat Order
Every trial — criminal or civil — is ultimately decided on evidence. The Qanun-e-Shahadat Order, 1984 governs what is admissible and what is not. Key provisions include:
- Article 17 — competency of witnesses.
- Article 21 — privileged communications.
- Articles 70–77 — documentary evidence, primary vs secondary.
- Articles 117–129 — burden of proof and presumptions.
- Article 164 — admissibility of modern devices’ output, including electronic evidence.
Constitutional jurisdiction
Sitting above the ordinary procedural codes is the writ jurisdiction of the High Courts under Article 199 of the Constitution of Pakistan. Habeas corpus, mandamus, prohibition, certiorari, and quo warranto are the five types of writs. In criminal cases, habeas corpus is the dominant remedy for illegal detention; in civil and administrative matters, the certiorari and mandamus jurisdictions are the workhorses.
Where to go next
- Criminal law in Pakistan — the substantive hub covering the PPC offences that flow through these procedures.
- Family law in Pakistan — the hub for matters that use the specialised Family Courts Act procedure.
How QanoonX helps
QanoonX indexes 66,905 reported judgments from the Supreme Court and every High Court — together with the full text of the CrPC, CPC, and Qanun-e-Shahadat Order. Whether you are checking the latest bail jurisprudence, looking up a specific CPC order and rule, or drafting a private complaint from scratch, start with the QanoonX app. Pro users can generate petitions, applications, and legal notices from professionally crafted templates.
