Introduction
A Certified Copy Application in a criminal case is filed to obtain an official, authenticated copy of an FIR, order, judgment, or any record from the trial court, which is then used for filing an appeal, revision, bail application, or for record purposes. While the underlying concept is similar to civil matters, the legal basis, fee treatment, and issuing authority in criminal cases are meaningfully different, which is why the procedure deserves separate treatment from our civil guide.
This guide covers the certified copy application format in criminal matters in Pakistan, the governing legal provisions, when a copy is free of cost versus when court fee applies, and practical drafting tips for advocates and law students.
What Is a Certified Copy Application in a Criminal Matter
A certified copy in a criminal case is an authenticated reproduction of a document forming part of the court record, commonly a judgment, order, FIR, charge sheet/challan, deposition, or bail order issued under the seal of the court. It is most often needed to:
- File an appeal or revision against a conviction, acquittal, or interlocutory order
- Support a bail application before a higher court
- Place an order on record before another forum (e.g., NADRA, passport authority, prison authorities)
- Maintain a personal or professional record of the proceedings
Legal Provision Governing Certified Copies in Criminal Cases
The core provision applicable to criminal matters is Section 363 of the Code of Criminal Procedure, 1898, which deals specifically with the supply of copies of judgments to the accused and other persons. It provides that where an accused is sentenced to imprisonment, a copy of the judgment is given to him free of cost immediately after pronouncement; and where the judgment is appealable by the accused, a certified copy is to be furnished to him, on application, free of cost.
For the general evidentiary status of certified copies as secondary evidence, Articles 76 to 78 of the Qanun-e-Shahadat Order, 1984 apply in criminal proceedings in the same manner as in civil matters, recognizing certified copies of public documents as admissible before the court.
When Is a Certified Copy Free of Cost, and When Does Fee Apply
This is the practical distinction advocates should keep in mind, and it is the biggest difference from the civil procedure:
- Free of cost: A copy of the judgment given to a convicted accused immediately after pronouncement, and a certified copy furnished to the accused on application where the judgment is appealable, fall under the free-of-cost protection of Section 363 Cr.P.C.
- Court fee applies: Applications by the complainant, a private party in a private complaint case, or any other person seeking copies of orders, FIRs, or record outside the specific protection of Section 363 Cr.P.C are generally required to affix the prescribed court fee, similar in principle to the civil process.
In practice, this means the accused’s counsel should specifically invoke Section 363 CrPC in the application where applicable to avoid unnecessary fee objections from the Copying Branch, while a complainant’s counsel should be prepared to affix the applicable court fee.
Who Can Apply for a Certified Copy in a Criminal Case
- The accused, personally or through counsel, particularly where a sentence of imprisonment has been passed, or the judgment is appealable
- The complainant or the aggrieved party
- The State/Prosecution, through the Public Prosecutor, for record or appeal purposes
- Any other person permitted by the court, generally supported by an application explaining the purpose
Documents Required to Apply for a Certified Copy in a Criminal Matter
- Duly filled and signed certified copy application
- Case/FIR number, police station, names of parties, and the specific order/judgment/document required, with its date
- Vakalatnama, if filed through counsel
- Court fee stamps, where applicable (not required where Section 363 Cr.P.C free-of-cost protection applies)
- CNIC copy of the applicant, where required
Step-by-Step Procedure to Obtain a Certified Copy in a Criminal Matter
- Draft the application before the concerned Magistrate/Sessions Judge, clearly stating the case/FIR number, parties, and the exact judgment/order required, and specifically invoking Section 363 Cr.P.C where the applicant is the accused seeking a free-of-cost copy.
- Affix court fee, if applicable: skip this step where the free-of-cost protection under Section 363 Cr.P.C applies to the applicant.
- File the application before the trial court or through the court’s Copying Branch/Nazarat, along with the Vakalatnama if filed by an advocate.
- Comparison and preparation: the record is compared against the original and certified by the concerned court official.
- Collection of the certified copy, generally on the date intimated by the court or Copying Branch.
Where urgency is involved, for instance, an appeal or bail matter with a limitation concern, an urgent copy can be requested on payment of the additional urgent fee, where applicable, resulting in faster issuance.
Certified Copy Application Format in Criminal Matter Pakistan
The format of the certified copy application in a criminal matter is given below:
IN THE COURT OF _________ (MAGISTRATE/SESSIONS JUDGE)
AT KARACHI DISTRICT _____________
Criminal Case No: _________
FIR No. _______ dated _______, Police Station _______
State ————————————————————— Complainant/State
V E R S U S
________ (Accused) —————————————— Accused/Applicant
Application For Certified Copy
Respectfully Sheweth:
That the applicant is the accused/complainant in the above-titled case, presently pending/decided before this Honourable Court.
That the applicant requires a certified copy of the [judgment/order dated __________] passed by this Honourable Court in the instant case, for the purpose of filing an appeal/for record purposes.
It is, therefore, most respectfully prayed that this Honourable Court may graciously be pleased to grant and issue a certified copy of the aforementioned [judgment/order], free of cost under Section 363 Cr.P.C. / on payment of prescribed court fee, in the interest of justice.
Applicant/Advocate for the Applicant
Karachi
Dated: __________
Practical Tips for Advocates and Law Students
- Always cite Section 363 Cr.P.C by name in the application when applying on behalf of a convicted or appealing accused; this is what gets the copy issued free of cost without back-and-forth with the Copying Branch clerk.
- Note the exact date of pronouncement of the judgment/order before drafting; courts often reject vaguely worded applications that don’t specify which order is sought.
- File the application promptly after judgment, especially in appeal-bound matters; limitation for appeal/revision typically starts running from the date of judgment, and time spent obtaining the certified copy is usually excluded, but only if the application is filed without delay.
- Keep a filed copy with the court’s receiving stamp as proof of the date the application was submitted; this becomes relevant if a limitation objection is later raised regarding exclusion of time under Section 12(2) of the Limitation Act, 1908.
- For law students: this is a good first drafting exercise because it teaches how to correctly frame the cause title for a criminal case (FIR number, police station, State as a party), a format that differs structurally from the civil cause title.
Common Mistakes to Avoid
- Not invoking Section 363 CrPC when the accused is entitled to a free-of-cost copy, resulting in an unnecessary fee demand
- Missing the FIR number and police station in the cause title
- Filing without the Vakalatnama when represented by counsel
- Delaying the application after judgment, which can affect the limitation calculation for appeal
- Confusing the criminal format with the civil format; the cause title, parties (State vs. Accused), and fee treatment are different
FAQs
Q1. Is a certified copy of a criminal judgment free of cost in Pakistan?
Yes, under Section 363 CrPC, a copy of the judgment is given free of cost to an accused sentenced to imprisonment, and a certified copy is furnished free of cost on application where the judgment is appealable by the accused.
Q2. Does a complainant have to pay court fee for a certified copy?
Generally, yes, the free-of-cost protection under Section 363 CrPC applies specifically to the accused in the circumstances described above; a complainant or other applicant is typically required to affix the prescribed court fee.
Q3. Who grants the certified copy in a criminal case?
The application is filed before the concerned Magistrate or Sessions Judge (or the court’s Copying Branch/Nazarat), and the copy is issued after comparison with the original record.
Q4. What is the difference between a certified copy application in civil and criminal matters?
The main differences are the legal provision relied upon (Section 363 CrPC in criminal matters versus the Civil Rules of Practice/Copying Rules in civil matters), the fee treatment (free of cost for the accused in specified situations versus fee-based in civil), and the cause title format (State vs. Accused, with FIR details, versus Plaintiff vs. Defendant).
Q5. Can a certified copy be obtained urgently in a criminal case?
Yes, where the matter is urgent, such as an appeal or bail application with limitation concerns, an urgent copy can be requested, generally on payment of an additional urgent fee where applicable.
Q6. Is a certified copy admissible as evidence in criminal proceedings?
Yes, certified copies of public documents are recognized as secondary evidence under Articles 76 to 78 of the Qanun-e-Shahadat Order, 1984, applicable in criminal as well as civil proceedings.
Final Thoughts
The certified copy application looks like a routine formality, but in criminal matters, correctly invoking Section 363 Cr.P.C can save a client the court fee altogether, and getting the timing right can protect an appeal from being time-barred. For a comparison with how the process works in civil matters, see our guide on the certified copy application format in civil matter Pakistan.
Have you come across a situation where a Copying Branch demanded court fee despite Section 363 Cr.P.C applying, and how did you resolve it?
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.