Law Study & Research · Published August 15, 2026
Criminal Law in Pakistan: Complete Guide
An FIR, an arrest, a bail hearing, a trial — each step of a criminal case in Pakistan is governed by a specific statute and a specific rule. Here's the framework that ties it all together.
Quick answer
Criminal law in Pakistan runs on three layers: the Pakistan Penal Code, 1860 (what's a crime), the Code of Criminal Procedure, 1898 (how a case moves — FIR, investigation, bail, trial), and the Qanun-e-Shahadat Order, 1984 (what counts as evidence). Certain offence categories — cybercrime, terrorism, narcotics, corruption — are tried under separate special laws with their own courts and procedure. The prosecution always carries the burden of proving guilt beyond reasonable doubt.
The framework, layer by layer
Pakistan Penal Code, 1860
The substantive law — what conduct is a crime and what punishment it carries, from theft and cheating to offences against the person.
Code of Criminal Procedure, 1898
The procedural rulebook — FIR registration, investigation, arrest, bail, trial, and appeal. This is what actually moves a criminal matter from a complaint to a verdict.
Qanun-e-Shahadat Order, 1984
Pakistan's evidence law — what's admissible, how the prosecution's burden of proof works, and the weight given to different types of evidence, including confessions and expert opinion.
Special and preventive laws
Certain categories of offence are tried under their own frameworks rather than ordinary PPC/CrPC procedure — cybercrime under PECA 2016, terrorism-related offences under the Anti-Terrorism Act 1997, narcotics under the Control of Narcotic Substances Act 1997, and corruption under the National Accountability Ordinance 1999.
Four distinctions that change how a case actually plays out
Cognizable vs non-cognizable offences
For a cognizable offence, police can register an FIR and investigate (including arrest) without a magistrate's prior permission. For a non-cognizable offence, they generally need the magistrate's direction first — a distinction the CrPC's First Schedule maps out offence by offence.
Bailable vs non-bailable offences
Bail is close to a right for bailable offences. For non-bailable offences, it's discretionary — the court weighs factors like the severity of the alleged offence and risk of the accused fleeing or tampering with evidence under Sections 497 and 498 CrPC.
FIR to trial isn't one continuous step
Registration (Section 154 CrPC) triggers investigation, which produces a police report/challan (Section 173 CrPC) — only after that does the matter actually reach trial before a competent court. Delays or gaps can occur at each stage, and each one is worth understanding on its own.
Burden of proof sits with the prosecution
In a criminal trial, the prosecution must prove guilt beyond reasonable doubt — the accused doesn't have to prove innocence. This is a fundamentally different starting point from a civil suit, where the standard is the balance of probabilities.
What Wakeel.org can help with
Explaining what stage a criminal matter is at, what a specific PPC or CrPC provision means, and helping you organize facts and questions before you see a lawyer — in plain English or Urdu.
What it cannot do
It cannot represent you, file a bail application or complaint, or predict how a specific court will rule — for anything involving arrest, charges, or liberty, get a licensed criminal lawyer involved immediately.
Frequently asked questions
What is criminal law in Pakistan based on?
Substantively, mainly the Pakistan Penal Code, 1860; procedurally, the Code of Criminal Procedure, 1898; and evidentially, the Qanun-e-Shahadat Order, 1984. On top of this general framework sit special laws for specific categories of offence — cybercrime (PECA 2016), terrorism (Anti-Terrorism Act 1997), narcotics (CNSA 1997), and corruption (NAB Ordinance 1999) — each with its own procedure and, often, its own dedicated courts.
What's the difference between a cognizable and non-cognizable offence?
For a cognizable offence, police can register an FIR and begin investigating — including making an arrest — without needing a magistrate's prior approval. For a non-cognizable offence, they generally need the magistrate's direction before investigating. The CrPC's First Schedule classifies most offences one way or the other.
How does a criminal case move from FIR to trial in Pakistan?
Broadly: an FIR is registered under Section 154 CrPC, police investigate and record statements (Sections 161 and 164 CrPC), the police submit a report/challan under Section 173 CrPC stating whether there's sufficient ground to proceed, and if so, the matter goes to trial before the competent court. Bail, at various stages, can be sought under Sections 497 or 498 CrPC.
What is the burden of proof in a Pakistani criminal case?
The prosecution must prove the accused's guilt beyond reasonable doubt. The accused is not required to prove their innocence — this is a core principle carried over from the common law tradition and reinforced by Article 10-A's fair trial guarantee.
Can Wakeel.org help me understand a criminal case?
Wakeel.org can explain the stage your case is at, what a specific PPC or CrPC provision means, and what questions to bring to a lawyer. It cannot represent you, file anything on your behalf, or predict how a court will rule — for anything with real consequences, consult a licensed advocate promptly.
General educational information, not legal advice. See our full disclaimer.
Dealing with a criminal matter?
Describe what's happening and Wakeel will help you understand the process and what questions to bring to a lawyer — then act quickly with a licensed advocate.