Code of Criminal Procedure, 1898

What it is

The Code of Criminal Procedure, 1898 (Act V of 1898) supplies the machinery of criminal justice in Pakistan. It governs registration of first information reports (section 154), investigation (Chapter XIV), arrest and remand (section 167), bail before and after arrest (sections 496 to 498), the framing of charges, trial before magistrates and courts of session, early acquittal (sections 249-A and 265-K), compounding of offences (section 345), appeals, revisions, and the inherent powers of the High Court (section 561-A). Its Schedule II classifies offences as cognizable or non-cognizable, bailable or non-bailable, and compoundable or not — the first questions in any new case. Sections 22-A and 22-B, inserted in 2002, give ex-officio justices of the peace jurisdiction over police refusals to register FIRs.

Special laws sit on top of the Code and borrow it except where they displace it: the National Accountability Ordinance, 1999, the Anti-Terrorism Act, 1997, the Control of Narcotic Substances Act, 1997, and offences investigated by the FIA, including under the Prevention of Electronic Crimes Act, 2016. Reading the Code together with the special law's overrides is the core discipline of criminal practice.

What changed

The Code has been amended piecemeal for over a century — the Law Reform Ordinance, 1972 added the early-acquittal provisions, and the 2002 amendments added the justice-of-the-peace jurisdiction. Since devolution, provinces amend the Code for their own territory, and Punjab, Sindh, and Khyber Pakhtunkhwa have each altered provisions touching prosecution, remand, and police powers [PROVINCE-SPECIFIC AMENDMENTS — TO BE VERIFIED BY REVIEWING LAWYER]. The Anti-Rape (Investigation and Trial) Act, 2021 displaced the Code for scheduled sexual offences, creating special courts and fixed timelines.

Between 2021 and 2025 the federal government circulated successive criminal-justice reform proposals, including drafts contemplating a comprehensive rewrite of the Code; as of mid-2026 the 1898 Code remains the operative general law and the status of the reform package should be confirmed before advising on prospective changes [STATUS OF FEDERAL CRPC REFORM PACKAGE — TO BE VERIFIED BY REVIEWING LAWYER]. Provincial digitisation, including e-FIR initiatives in Punjab, is changing how cases begin [SCOPE OF E-FIR REGIME — TO BE VERIFIED BY REVIEWING LAWYER].

Who is affected

Anyone touched by a criminal case: accused persons and complainants, and — in our practice — companies, directors, and officers facing FIRs that grow out of commercial disputes, most commonly under sections 420, 406, and 489-F of the Pakistan Penal Code, as well as banks and their employees in FIA and accountability matters.

What to do

On learning of an FIR, obtain a certified copy at once and read it against Schedule II to determine whether the offence is bailable and who may investigate. Where arrest is apprehended in a non-bailable case, move for pre-arrest bail under section 498 before appearing anywhere else. Preserve the documentary record that answers the allegation, and instruct counsel before responding to any police or FIA call-up notice. Complainants facing police inaction should petition the justice of the peace under section 22-A. Throughout, calendar remand dates and the investigation report under section 173, and assess early acquittal under section 249-A or 265-K before assuming quashing is the only route.