S.M. ZULKUFIL HAIDER & CO.
Advocates & Barristers-at-law
Appeal Process in Civil and Criminal Cases in Pakistan
In Pakistan, the law provides the right to appeal against decisions of lower courts in both civil and criminal cases. Appeals are governed by the Civil Procedure Code (CPC) for civil matters and the Code of Criminal Procedure (CrPC) for criminal cases.
An appeal allows a higher court to review the legality, correctness, or fairness of a judgment or order passed by a subordinate court.
⚖️ I. Civil Appeals (under CPC)
🔹 1. First Appeal (Section 96 CPC)
A party aggrieved by a decree or judgment passed by a civil judge or district judge can file a first appeal to the next appellate court.
➤ Where to File:
From Civil Judge → District Court
From District Court → High Court
➤ Grounds:
Error in appreciation of evidence
Misapplication of law
Procedural irregularities
🔹 2. Second Appeal (Section 100 CPC)
A second appeal lies to the High Court but only on substantial questions of law, not facts.
🔹 3. Limitation Period
30 to 90 days depending on the type of decree/order
Governed by the Limitation Act, 1908
🔹 4. Procedure
Draft and file a memorandum of appeal
Attach certified copy of judgment and decree
File requisite court fee
Notice is issued to respondent
Record of lower court is called
Hearing is conducted
Judgment is passed
⚖️ II. Criminal Appeals (under CrPC)
🔹 1. Appeal Against Conviction (Section 410 CrPC)
An accused person convicted by a Magistrate or Sessions Judge may file an appeal against conviction in the higher court.
➤ Where to File:
From Magistrate → Sessions Court
From Sessions Court → High Court
From High Court → Supreme Court (with leave)
🔹 2. Appeal by the Complainant (Section 417 CrPC)
If an accused is acquitted, the complainant can file an appeal against acquittal in the High Court with permission.
🔹 3. Appeal Against Sentence
The accused may appeal the severity or legality of the sentence even if they admit guilt.
🔹 4. Appeal Against Interim Orders
Orders like bail rejection, refusal to discharge, or framing of charges may be challenged through revision petitions or constitutional petitions, if no appeal is provided.
🔹 5. Limitation Period
30 days (from conviction or acquittal judgment)
60 days for complainant’s appeal
Subject to rules of Limitation Act
✅ Important Notes for Appeals:
Appellate courts may uphold, reverse, or modify the lower court’s decision
Appellate proceedings are based on existing trial record, not fresh evidence (except in rare cases)
Appeals must be filed within limitation with all required documents
Courts may grant stay of execution pending appeal
🔹 Alternative Remedies
Where no statutory appeal lies, parties may:
File Revision under Section 115 CPC or 435–439 CrPC
File Review Petition before the same court
File Constitutional Petition under Article 199 of the Constitution
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For legal assistance specific to your situation, please consult a qualified lawyer at S.M. Zulkufil Haider & Co.
S.M. ZULKUFIL HAIDER & CO.
www.zulkufilhaiderandco.com