TRANSFORMING PAKISTAN'S CRIMINAL JUSTICE SYSTEM: CONFRONTING COLONIAL LEGACIES AND CONTEMPORARY CHALLENGES

Abstract

The criminal justice system in Pakistan continues to function under the enduring shadow of colonial era, structures, policies, and institutional mindsets inherited from British rule. Despite over more than seven decades of independence, reforms have largely remained superficial, failing to deliver equitable, timely, and transparent justice to citizens. This research aims to critically examine the colonial foundations of Pakistan’s criminal justice system and the extent to which they have influenced present day practices, particularly in policing, trial procedures, and punishment mechanisms.

The central research objective is to explore how both historical legacies and contemporary challenges interact to hinder meaningful reforms, and to identify viable pathways for transformation. Employing a qualitative research design, the study uses doctrinal legal analysis and comparative institutional review, supplemented by semi-structured interviews with legal professionals, police officials, and human rights activists. Primary and secondary data sources, including statutory laws, policy papers and case laws etc., have been thoroughly examined to uncover patterns of continuity and change.

The findings reveal that many institutional inefficiencies such as outdated criminal procedure codes, discretionary policing practices, and punitive approaches to justice are deeply rooted in colonial control mechanisms designed to suppress rather than serve. Furthermore, modern realities like political interference, judicial delays, lack of forensic capacity, and socio-economic disparities exacerbate the crisis. Efforts at reform have often stumbled due to structural inertia, bureaucratic resistance, and inadequate stakeholder coordination.

The study concludes that holistic reforms must begin with the decolonization of legal consciousness and institutional ethos. Transforming police accountability, modernizing trial procedures, ensuring access to legal aid, and promoting restorative justice approaches are critical. The research underscores the need for a multi-pronged strategy involving legislative overhaul, institutional restructuring, public engagement, and capacity building. These reforms are not only essential for upholding the rule of law but also for restoring public trust in the justice system. The paper provides actionable insights for policymakers, legal practitioners, and scholars, advocating for a justice system that aligns with constitutional values, human rights standards, and the needs of a democratic society.