You Lost Your Case. What Now?
Your case ended badly. The judge said no. Or the court convicted you. Most people think that is the end. It is not always the end.
The law gives you a way to ask a higher court to look at the decision again. That way is called an appeal. In Pakistan, appeals run on the Code of Criminal Procedure 1898 and the Code of Civil Procedure 1908.
What an Appeal Is (and Is Not)
An appeal is not a new trial. You do not get to present your whole case again. The higher court reads the record of your case and checks whether the first court made an error in law or in fact.
Section 404 of the CrPC says no appeal lies unless the Code or another law provides it. Section 96 of the CPC gives the civil right: an appeal lies from every decree of a court exercising original jurisdiction to the court authorized to hear appeals from it.
Criminal Appeals: Where They Go
If a Judicial Magistrate or an Assistant Sessions Judge convicted you, the appeal goes to the Court of Session. That is section 408 of the CrPC. If the sentence exceeds four years, it goes to the High Court instead.
If a Sessions Judge or Additional Sessions Judge convicted you, the appeal goes to the High Court. That is section 410.
A conviction by the High Court in its original criminal jurisdiction can be appealed under section 411A. Matters of law go as of right. Matters of fact need leave of the court.
There is no appeal from petty cases. Section 413 bars appeals for a High Court sentence up to six months or a fine up to Rs 200, a Session Court sentence up to one month or a fine up to Rs 50, and a first class Magistrate fine up to Rs 50. Summary convictions with fines up to Rs 2,000 cannot be appealed either.
If you pleaded guilty, section 412 allows an appeal only on the extent or legality of the sentence.
Acquittals can be appealed too. Section 417 lets the Provincial Government direct the Public Prosecutor to appeal an acquittal to the High Court. A complainant needs special leave, applied for within 60 days. Since 1994, an aggrieved person can file an appeal against an acquittal within 30 days under section 417(2A).
Bail While the Appeal Runs
Section 426 of the CrPC lets the appellate court suspend the sentence and release you on bail while the appeal is pending. Since 2011, the court must order release on bail if the appeal stays undecided beyond six months for sentences up to three years, one year for sentences up to seven years, and two years for longer ones.
Civil Appeals: First and Second
Civil appeals start at section 96 of the CPC. A party can appeal every decree of the trial court, including an ex parte decree. A decree passed with the consent of both parties cannot be appealed.
In Punjab, the 2021 amendment changed the route: appeals from final judgments lie to the High Court, filed within 30 days, decided within 90 days. In other provinces the appeal from a Civil Judge goes to the District Court.
The second appeal goes only to the High Court, and only on a substantial question of law. Section 100 lists the grounds: the decision is contrary to law, the court failed to decide a material issue of law, or a substantial procedural error affected the result. Section 101 says no second appeal lies on any other ground. In Punjab, no second appeal lies where the suit value is Rs 25 million or less.
Some orders can be appealed separately under section 104, but only the orders the section lists. Most procedural orders can be challenged only inside the appeal against the final decree.
Time Limits: Do Not Miss Them
Appeals run on deadlines from the Limitation Act 1908. Section 3 says an appeal filed after its period is dismissed, even if nobody raises the point. Section 5 lets a court admit a late appeal if you show sufficient cause. The time needed to get a copy of the judgment does not count under section 12(2).
The periods are:
- Appeal to the Session Court under the CrPC: 30 days. Article 154.
- Criminal appeal to the High Court: 60 days. Article 155.
- Appeal from an acquittal: six months. Article 157.
- Appeal from a death sentence: seven days. Article 150.
- Civil appeal to a District Judge: 30 days. Article 152.
- Civil appeal to the High Court: 90 days. Article 156.
- Appeal from a High Court decree in original jurisdiction: 20 days. Article 151.
What the Appeal Costs
An appeal carries a court fee. The memorandum of appeal is charged on the same scale as a plaint under Schedule I, Article 1 of the Court Fees Act 1870. In Punjab and Khyber Pakhtunkhwa the rate is seven and a half per cent of the claim value, capped at Rs 15,000. See our guide to court fees in Pakistan.
What the Higher Court Can Do
Section 423 of the CrPC gives the criminal appellate court its powers. It can dismiss the appeal, reverse the conviction, acquit or discharge you, order a retrial, or reduce the sentence. It cannot make your sentence harsher when only you appealed. That limit is in section 423(1)(b)(3).
Section 107 of the CPC gives civil appellate courts similar powers: decide the case finally, remand it, frame issues, or take additional evidence. Orders of an appellate court are final under section 430 of the CrPC, except for revision. An appeal abates if the appellant dies, unless it is an appeal from a fine.
The Supreme Court Is the Last Stop
Appeals from High Court decisions go to the Supreme Court of Pakistan under Article 185 of the Constitution. Some appeals lie as of right: when the High Court reversed an acquittal and sentenced the person to death or life imprisonment, or punished someone for contempt. Civil appeals need a dispute value of at least Rs 1 million, and only when the High Court varied or set aside the decision below it.
Every other case needs leave to appeal. The Supreme Court grants leave only for a question of public importance or a point of law worth deciding. Most cases enter through a petition for leave to appeal.
Steps If You Want to Appeal
- Get the certified copy of the judgment. That time does not count against your deadline.
- Check the deadline: 30, 60 or 90 days depending on the court.
- Prepare the memorandum of appeal with your grounds. Point at the error, do not retell the whole case.
- Pay the court fee on the same scale as a plaint.
- File in the right court. The wrong court wastes your time and your fee.
- Track the case. You can check your high court case status online.
Before you file, read how to file a civil case in Pakistan if your matter is civil.
More guides: all Lexiber blog posts and the Lexiber home page.
Sources: Code of Criminal Procedure 1898 | Code of Civil Procedure 1908 | Limitation Act 1908 | Constitution, Article 185
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