# FIR to judgment: the trial, step by step.

> Police investigate and send a report to the Magistrate through the Public Prosecutor (CrPC s.173). The accused gets free copies 7 days before trial (s.265-C), a charge is framed only if there is ground to proceed (s.265-D), then come the plea, prosecution evidence, the accused's statement (s.342), defence, arguments and the verdict (s.265-H).

- Topic: Criminal law
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/fir-to-judgment-the-trial-step-by-step
- Published by FAI Legal on 2026-10-12

## Myth or fact?

What people often think.

- **Myth: Once the FIR is registered, the trial starts straight away.**
- **Fact: First the police investigate and send a report to the Magistrate through the Public Prosecutor (CrPC s.173). Not done in 14 days? An interim report is due within 3 more days.**

## Before the trial.

Three steps come first.

- **FIR** The information is written down at the police station.
- **Police report** Sent to the Magistrate through the Public Prosecutor (s.173).
- **Copies** Given free to the accused 7 days before trial (s.265-C).

## The copies.

Section 265-C(1), CrPC.

- **What** The FIR, the police report, witness statements under ss.161 and 164, and the investigating officer's notes.
- **When** Free of cost, not later than 7 days before the trial starts.
- **Why it matters** The trial does not start until they are supplied (2016 PCrLJ 672, Islamabad High Court).

## Quick quiz. The charge.

Guess first, then swipe for the answer.

- **A. Yes, automatically**
- **B. Only if there is ground to proceed**
- **C. Only if the victim asks**

## Answer: B. Section 265-D.

The court reads the file first.

- **The rule** A charge is framed only if, after reading the report and documents, there is ground to proceed.
- **2017 MLD 916** Framing a charge is not automatic. The court is not a post office for the police.
- **2021 MLD 1532** Nothing linked the accused to the offence: the discharge was upheld (Peshawar High Court).

## The trial itself.

Sections 265-E, 265-F and 342.

- **Charge read** Explained, and the accused is asked: guilty, or a defence?
- **Prosecution evidence** The complainant and prosecution witnesses are heard.
- **Accused questioned** Asked to explain the evidence against him (s.342).

## The accused's rights.

Section 342 and s.265-F.

- **No oath** His answers under s.342 are not on oath (except as his own witness, s.340(2)).
- **Silence** No punishment for refusing to answer, but the court may draw an inference.
- **Defence** He is asked if he wants to produce evidence, and can ask the court to summon witnesses.

## The end.

Sections 265-G, 265-H and 265-K.

- **Arguments** Both sides sum up their case.
- **Verdict** Acquittal, or conviction and sentence according to law.
- **Any stage** The court can acquit early if there is no probability of conviction, with reasons.

## A case in court?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

- **My brother's trial has not started and we never got the copies. What can we do?**
- **Draft an application under section 265-K CrPC.**

## What this does not mean

- The trial does not start the day the FIR is registered. The police report under CrPC s.173 comes first.
- A charge is not framed automatically. Under s.265-D there must be ground to proceed after the court reads the report and documents.
- Answers given under s.342 are not on oath, unless the accused chooses to be his own witness under s.340(2).

## Questions people ask

### What happens after FIR in Pakistan?

The police investigate and send a report to the Magistrate through the Public Prosecutor (CrPC s.173). If it is not done in 14 days, an interim report is due within 3 more days.

### When does the accused get copies of the FIR and police report?

Free of cost, not later than 7 days before the trial starts (CrPC s.265-C). This covers the FIR, the police report, statements under ss.161 and 164, and the notes of the investigating officer.

### Is the charge framed automatically after challan?

No. Under s.265-D a charge is framed only if, after reading the report and documents, there is ground to proceed. The Peshawar High Court upheld a discharge where nothing linked the accused to the offence (2021 MLD 1532).

### What is the statement of accused under section 342 CrPC?

The accused is asked to explain the evidence against him. His answers are not on oath, and he is not punished for refusing to answer, though the court may draw an inference.

### Can the court acquit before the trial ends?

Yes. Under s.265-K the court can acquit at any stage if there is no probability of conviction, giving reasons.

## Sources

- Code of Criminal Procedure, 1898 · Section 173: Report of police officer
- Code of Criminal Procedure, 1898 · Section 265-C: Supply of statements and documents to the accused
- Code of Criminal Procedure, 1898 · Section 265-D: When charge to be framed
- Code of Criminal Procedure, 1898 · Section 265-E: Plea
- Code of Criminal Procedure, 1898 · Section 265-F: Evidence for prosecution
- Code of Criminal Procedure, 1898 · Section 342: Power to examine the accused
- Code of Criminal Procedure, 1898 · Section 340: Right of person against whom proceedings are instituted to be defended and his competency to be a witness
- Code of Criminal Procedure, 1898 · Section 265-G: Summing up by prosecutor and defence
- Code of Criminal Procedure, 1898 · Section 265-H: Acquittal or conviction
- Code of Criminal Procedure, 1898 · Section 265-K: Power of Court to acquit accused at any stage

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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