How to File Criminal Case in Pakistan Courts
Complete step-by-step guide for filing criminal cases in Sessions Court, Magistrate Court & High Court | FIR, Private Complaint, Appeal & Revision
1. Introduction
Understanding how to file criminal case in Pakistan courts is essential for every citizen, victim of crime, and legal practitioner. The criminal justice system in Pakistan provides multiple avenues for filing cases depending on the nature of the offence, its severity, and the court's jurisdiction. This comprehensive guide explains how to file criminal case in Pakistan courts including FIR registration, private complaints, appeals, and revisions.
2. Types of Criminal Courts in Pakistan
Before learning how to file criminal case in Pakistan courts, you must understand the hierarchy and jurisdiction of criminal courts.
| Court Type | Presiding Officer | Jurisdiction | How to File |
|---|---|---|---|
| Supreme Court | Chief Justice + Judges | Constitutional, final appellate | Through advocate on record |
| High Court | Chief Justice + Judges | Original (bail, writs), appellate, revisional | Through advocate |
| Court of Session | Sessions Judge | Serious offences (murder, dacoity, rape) | Through public prosecutor or private counsel |
| Additional Sessions Judge | Addl. Sessions Judge | Same as Sessions Court | Through advocate |
| Magistrate Class I | Magistrate | Offences up to 3 years imprisonment | Private complaint or police challan |
| Magistrate Class II/III | Magistrate | Offences up to 1 year/3 months imprisonment | Private complaint |
| Special Courts | Special Judge | CNSA, ATA, Banking, Customs | Through advocate |
3. Two Ways to File Criminal Case in Pakistan Courts
📝 Method 1: FIR (Section 154 CrPC)
For cognizable offences (serious crimes). Police registers FIR and investigates.
⚖️ Method 2: Private Complaint (Section 200 CrPC)
For non-cognizable offences or when police refuses to register FIR.
4. Filing Criminal Case via FIR (Section 154 CrPC)
- Step 1: Approach the police station having jurisdiction over the area where the offence occurred.
- Step 2: Provide information orally or in writing to the Station House Officer (SHO).
- Step 3: The SHO must reduce the information to writing and read it back to you.
- Step 4: Sign the FIR after verification. You are entitled to a free copy immediately.
- Step 5: Police begins investigation under Section 156 CrPC.
- Step 6: After investigation, police files challan (final report) in court under Section 173 CrPC.
5. Filing Private Complaint (Section 200 CrPC)
When police refuses to register FIR or for non-cognizable offences, you can file a private complaint directly before a Magistrate.
- Step 1: Draft the complaint on a plain paper or stamp paper (as per court requirement).
- Step 2: Include all essential details: complainant name, accused name, date, time, place, and description of offence.
- Step 3: Attach list of witnesses and documentary evidence (medical reports, photographs, etc.).
- Step 4: File the complaint before the Magistrate having jurisdiction (usually Class I Magistrate).
- Step 5: Magistrate examines the complainant on oath (Section 200 CrPC).
- Step 6: If satisfied, Magistrate takes cognizance under Section 190 CrPC.
- Step 7: Magistrate issues summons or warrant to the accused under Section 204 CrPC.
6. Where to File Criminal Case by Offence Type
| Offence | Section | Where to File | اردو |
|---|---|---|---|
| Murder | 302 PPC | Court of Session | قتل |
| Attempt to Murder | 324 PPC | Court of Session | اقدام قتل |
| Theft | 379 PPC | Magistrate Class I | چوری |
| Robbery | 392 PPC | Court of Session | ڈکیتی |
| Rape | 375/376 PPC | Court of Session (Special Court) | عصمت دری |
| Hurt | 337 PPC | Magistrate Class I/II | ضرب و جرح |
| Defamation | 499 PPC | Magistrate Class I | توہین |
| Cheque Dishonour | 489-F PPC | Magistrate Class I | چیک ڈش آنر |
| Narcotics | CNSA 1997 | Special Court (Sessions Judge) | منشیات |
| Terrorism | ATA 1997 | Anti-Terrorism Court | دہشت گردی |
7. Documents Required for Filing Criminal Case
📄 Mandatory Documents
Complaint/FIR copy, Affidavit of complainant, List of witnesses
📋 Evidence Documents
Medical reports, Forensic reports, Photographs, CCTV footage, CDR
⚖️ Legal Documents
Stamp paper (for private complaint), Vakalatnama (if represented by lawyer)
🆔 Identification
CNIC copy of complainant, CNIC copies of witnesses
8. Filing Criminal Appeal and Revision
| Type | Forum | Time Limit | Legal Basis |
|---|---|---|---|
| Criminal Appeal | Sessions Court/High Court | 30/60 days | Section 410 CrPC |
| Appeal against Acquittal | High Court | 60 days | Section 417 CrPC |
| Criminal Revision | Sessions Court/High Court | 90 days | Section 435-439 CrPC |
| Quashment Petition | High Court | No limit | Section 561-A CrPC |
9. Court Fee for Criminal Cases
Unlike civil suits, criminal cases do not require substantial court fees. However, nominal fees apply for private complaints, appeals, and certified copies.
- FIR registration: Free of cost
- Private complaint: Nominal fee (Rs. 50-200 depending on court)
- Criminal appeal: Stamp paper of appropriate value (Rs. 100-500)
- Certified copies: Per page fee (Rs. 10-20 per page)
10. Frequently Asked Questions
Q1: What is the difference between FIR and private complaint?
Answer: FIR is registered by police for cognizable offences. Private complaint is filed directly before a Magistrate for non-cognizable offences or when police refuses to register FIR. Understanding how to file criminal case in Pakistan courts requires knowing this distinction.
Q2: Can I file a criminal case directly in court without going to police?
Answer: Yes. For non-cognizable offences, you can directly file a private complaint under Section 200 CrPC before a Magistrate. This is an important aspect of how to file criminal case in Pakistan courts.
Q3: What is the time limit for filing criminal appeal?
Answer: 30 days for appeal to Sessions Court, 60 days for appeal to High Court under Section 410 CrPC. Delay can be condoned with sufficient cause.
Q4: What documents are needed to file a private complaint?
Answer: Written complaint, affidavit, list of witnesses, documentary evidence, medical reports (if any), and CNIC copy of complainant.
Q5: Can I file a criminal case online in Pakistan?
Answer: Currently, most courts require physical filing. However, some High Courts have e-filing facilities for certain petitions. Check the respective court's website for updates on how to file criminal case in Pakistan courts online.
Q6: What is the limitation period for filing criminal case?
Answer: 3 years for most offences, 1 year for defamation. No limitation for serious offences like murder, rape, dacoity.
Q7: How to file criminal case if police refuses FIR?
Answer: File a petition under Section 22-A/22-B CrPC before the Justice of Peace (Session Judge). The court can order police to register FIR. Alternatively, file a private complaint under Section 200 CrPC.
Q8: What is the role of public prosecutor in criminal case?
Answer: The public prosecutor represents the state in criminal trials. For private complaints, the complainant can engage a private counsel or appear in person.
11. Expert Opinion
Mr. Atta Ullah Baloch
Advocate High Court | 25 Years Experience | Criminal Procedure Specialist
"In my 25 years of practice, I have seen that most people struggle with how to file criminal case in Pakistan courts due to lack of awareness. The key is to act immediately. If you are a victim of a cognizable offence, go to the police station immediately and get your FIR registered. If the police refuses, do not lose hope. File a petition under Section 22-A/22-B CrPC before the Justice of Peace. For non-cognizable offences, a private complaint under Section 200 CrPC is your remedy. Remember, time limits are crucial. Appeals must be filed within 30 or 60 days. Delay can be fatal to your case. Always consult a qualified criminal lawyer before filing any case to ensure proper jurisdiction and drafting."
📞 Contact: 03334966756
🏢 Office: Baloch Law Chamber, Near Major Chowk, Mastung | Room No. 6, Universal Plaza, Quetta
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified lawyer for advice specific to your situation.
یہ مضمون صرف معلومات کے لیے ہے۔ یہ قانونی مشورہ نہیں ہے۔ ہر کیس مختلف ہے۔ اپنے کیس کے لیے کسی مستند وکیل سے مشورہ کریں۔