Pakistan's federal cabinet approves sweeping reforms of 126-year-old criminal code

Pakistan's federal cabinet has approved wide-ranging reforms to modernize its colonial-era Criminal Procedure Code of 1898. The changes, approved on Wednesday, aim to speed up trials, protect women's rights, and bring modern technology into courtrooms.

The reform package, formally titled the Criminal Procedure Code Amendment Bill 2024, was presented to the cabinet by Law Minister Azam Nazir Tarar during a meeting chaired by Prime Minister Shehbaz Sharif. The bill, developed through extensive consultations with bar councils, legal experts, prosecutors, and judges, will now head to parliament for debate and approval.

Among the changes is an amendment mandating that only female law enforcement officers may conduct arrests of women suspects. This provision aims to ensure dignity and security during law enforcement actions against women.

Much needed change

One of the most significant reforms addresses how First Information Reports (FIRs) are registered under Section 154 of the Criminal Procedure Code. The new rules raise the standard for what qualifies as an FIR by requiring a preliminary inquiry to verify allegations.

Former Lahore High Court Judge Shah Khawar praised the timing of these changes. "This reform was much needed. The Criminal Procedure Code was established in 1898 and was quite effective for its time, but certain provisions needed updating," he told Nukta.

Previously, as Khawar explained, "under the old law, if someone named multiple individuals in an FIR—whether rightly or wrongly—the police were obligated to register it." This meant innocent people "would have to endure lengthy investigations or court proceedings to prove their innocence."

The new provisions require law enforcement to verify complaints before registering them as FIRs, adding protection against false accusations. "Now, requiring a preliminary inquiry before FIR registration ensures that only genuine complaints lead to legal action, making this a positive change," Khawar noted.

Technology integration

The reforms also mandate the integration of modern technology into criminal investigations.

Law enforcement agencies will now utilize audio and video recordings for both evidence collection and investigative accountability.

Legal experts have welcomed this modernization as a crucial step toward ensuring more transparent and accurate investigations.

Predictable justice

The reforms establish strict new timelines for case resolution: trial courts must conclude cases within one year, while appellate courts have six months to one year to process appeals.

Courts must justify any delays to higher judicial authorities, a measure designed to expedite the delivery of justice and reduce case backlogs.

In a separate decision, the federal cabinet approved the addition of a new column to the Nikkahnama (Islamic marriage certificate) affirming the finality of Prophethood. This amendment will first take effect in the Islamabad Capital Territory.