Adv Ch Shahid Bhalli

Trial of Offences Under Penal Code as Per Law

As per Lawkidunya, in Pakistan, the trial of offenses under the Pakistan Penal Code (PPC) is governed by the Code of Criminal Procedure (CrPC). Here’s an overview of the trial process:

(1) All offences, under the Pakistan Penal Code Shall be investigated, enquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) Trial of offences against other laws: All offences under any other law shall be investigated, enquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Pre-Trial Proceedings

1. FIR Registration: The police register a First Information Report (FIR) upon receiving information about the commission of an offense.
2. Investigation: The police investigate the case, collect evidence, and prepare a challan (charge sheet).
3. Challan Submission: The police submit the challan to the court, which includes the charges, evidence, and statements of witnesses.

Trial Proceedings

1. Charge Framing: The court frames charges against the accused, who is required to plead guilty or not guilty.
2. Prosecution Evidence: The prosecution presents its evidence, including witness statements and documentary evidence.
3. Defense Evidence: The defense presents its evidence, including witness statements and documentary evidence.
4. Arguments: Both the prosecution and defense present their arguments, and the court hears their submissions.

Judgment and Sentencing

1. Judgment: The court delivers its judgment, either acquitting or convicting the accused.
2. Sentencing: If the accused is convicted, the court imposes a sentence, which may include imprisonment, fine, or both.

Post-Trial Proceedings

1. Appeal: The accused or the prosecution can appeal against the judgment or sentence to a higher court.
2. Revision: The High Court can revise the judgment or sentence passed by a lower court.
3. Bail: The accused can apply for bail pending appeal or revision.

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