::Laws against Domestic Violence in Pakistan

::Laws against Domestic Violence in Pakistan

Law:

Domestic violence is not specifically recognized as crime on its own in Pakistani law. At least it is not recognised as a crime in those words exactly. There are many elements involved in the crime of domestic violence, as is discussed in the definition given above. While domestic violence is not specifically recognized, the different elements involved are to a certain extent covered by the law in Pakistan.

In fact, a number of these elements have been recognized by a few courts in their judgments as a form of domestic violence. The relevant provisions of law are varied and wide but all contain elements of domestic violence or can be interpreted to include domestic violence, as has been done so internationally. Violence can be criminal and includes physical assault (hitting, pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and stalking. Although emotional, psychological and financial abuse are not criminal behaviors, they are forms of abuse and can lead to criminal violence.

The law identified below has been categorized into different categories in order to put it into some context. It is important to remember some of the law may overlap. It is also important to remember that although the legal provisions may not be immediately obvious but the interpretations of these laws and potential interpretations are relevant to the categories they have been placed in. Short introductions are given with the categories to give them some perspective.

Provisions of Law:

PREPARATORY AND ANCILLARY ACTS:

These acts are not just merely preparatory and ancillary but are in fact offences on their own. It is important to include those who abet the main perpetrator. This is important in situations of domestic violence due to the connivance or acceptance or omission to act of other members in the domestic relationship and/or shared household.

The provisions relating to the different forms of trespass have been included here although they are serious offences on their own. These offences are usually the first step in the commission of a crime. They are included in domestic violence crimes as there are a large number of cases where the wife may try to leave the husband and the husband tries to get her back or trespasses in order to commit an act of violence against her as a form of revenge.

Pakistan Penal Code

108. Abettor:

A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same Intention or knowledge as that of the abettor.

Explanation 1: The abetment of the illegal omission-of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2: To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

324. Attempt to commit qatl-i-amd:

Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, shall be punished with imprisonment for either description for a term which may extend to ten years [but shall not be less than five years if the offence has been committed in the name or on the pretext of honour], and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused: provided that where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years.

441. Criminal trespass:

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

442. House-trespass:

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”. Explanation: The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house trespass.

443. Lurking house-trespass:

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

444. Lurking house-trespass by night:

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit ‘lurking house-trespass by night”.

445. House-breaking:

A person is said to commit “house-breaking” who commits house trespass if he effects his entrance into the house or-any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:

  1. If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
  2. If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.
  3. If he enters or quits through any passage which he or any abettor of the house trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be-opened.
  4. If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.
  5. If he effects his entrance or departure by using criminal force of committing an assault, or by threatening any person with assault.
  6. If he enters or quits any passage which he knows to have been fastened against such entrance or departure, and to. have been fastened by himself or by an abettor of the house-trespass.

Explanation: Any out-house or building occupied with a house, and between, which and. such house there is an immediate internal communication, is part of the house within the meaning of this section.

452. House-trespass after preparation for hurt, assault or wrongful restraint:

Whoever commits house-trespass having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment:

Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint:

Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

PHYSICAL VIOLENCE:

These offences are more recognizable as physical violence is the most obvious and accepted form of domestic violence. Some not generally recognized forms have also been included. The provisions of law relating to murder and hurt have all been re-produced in order to emphasis the different elements off each separate legal offence.

Other forms have been included such as exposure and abandonment of a child has been included as the effects of domestic violence has a profound effect on children; forced abortions or induced or accidental causation of miscarriages; forced confinement or restraining someone from their freedom of movement etc are also forms of domestic violence and need to be recognized as such.

Pakistan Penal Code

300. Qatl-e-Amd:

Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.

302. Punishment of qatl-i-amd:

Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:

  1. punished with death as qisas;
  2. punished with death or imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or
  3. punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the injunctions of Islam the punishment of qisas is not applicable,

Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of 1. and 2., as the case may be.

303. Qatl committed under ikrah-i-tam or ikrah-i-naqis:

Whoever commits qatl:

  1. under Ikrah-i-tam shall be punished with imprisonment for a term which may extend to twenty-five years but shall not be less than ten years and the person causing ‘ikrah-i-tam’ shall be punished for the kind of Qatl committed as a consequence of ikrah-i-tam; or
  2. under ‘ikrah-i-naqis’ shall be punished for the kind of Qatl committed by him and the person, causing ‘ikrah-i-naqis, shall be punished with imprisonment for a term which may extend to ten years.

315. Qatl shibh-i-amd:

Whoever, with intent to cause harm to the body or mind of any person, causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-i-amd.

318. Qatl-i-khata:

Whoever, without any intention to cause death of, or cause harm to, a person causes death of such person, either by mistake of act or by mistake of fact, is said to commit qatl-i-khata.

321. Qatl-bis-sabab:

Whoever, without any intention, cause death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl-bis-sabab.

Illustration

A unlawfully digs a pit in the thoroughfare, but without any intention to cause death of, or harm to, any person, B while passing from there falls in it and is killed. A has committed qatl-bis-sabab.

324. Attempt to commit qatl-i-amd:

Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, shall be punished with imprisonment for either description for a term which may extend to ten years [but shall not be less than five years if the offence has been committed in the name or on the pretext of honour], and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused: provided that where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years.

328. Exposure and abandonment of child under twelve years by parent or person having care of it:

Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment’ of either description for- a term which may extend to seven years, or with fine, or with both.

Explanation: This section is not intended to prevent the trial of the offender for qatl-i-amd or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure.

332. Hurt:

  1. Whoever causes pain, harm, disease, infianity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt.
  2. The following are the kinds of hurt:
  • Itlaf-i-udw
  • Itlaf-i-salahiyyat-i-udw
  • shajjah
  • jurh, and
  • all kinds of other hurts

333. Itlaf-i-udw:

Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-i-udw.

335. Itlaf-i-salahiyyat-i-udw:

Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlaf-i-salahiyyat-i-udw.

337. Shajjah:

  • Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.
  • The following are the kinds of shajjah namely:
  1. Shajjah-i-Khafifah
  2. Shajjah-i-mudihah
  3. Shajjah-i-hashimah
  4. Shajjah-i-munaqqilah
  5. Shaijah-i-ammah, and
  6. Shajjah-i-damighah
  • Whoever causes shajjah:
  1. without exposing bone of the victim, is said to cause shajjah-i-khafifah;
  2. by exposing any bone of the victim without causing fracture, is said to cause shajjah-imudihah;
  3. by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-ihashimah;
  4. by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to cause shajfah-i-munaqqilah;
  5. by causing fracture of the skull of the victim so that the wound touches the membrane of the brain, is said to cause shajjah-i-ammah;
  6. by causing fracture of the skull of the victim and the wound ruptures the membrane of the brain is said to cause shajjah-i-damighah.

337-B. Jurh:

  1. Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.
  2. Jurh is of two kinds, namely:
  • Jaifah; and
  • Ghayr-jaifah

337-C. Jaifah:

Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.

337-E. Ghayr-jaifah:

  • Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.
  • The following are the kinds of ghayr-faifah, namely:
  1. damihah
  2. badi’ah
  3. mutalahimah
  4. mudihah
  5. hashimah; and
  6. munaqqilah
  • Whoever causes ghayr-jaifah:
  1. in which the skin is ruptured and bleeding occurs, is said to cause damiyah;
  2. by cutting or incising the flesh without exposing the bone, is said to cause badi’ah;
  3. by lacerating the flesh, is said to cause mutalahimah;
  4. by exposing the bone, is said to cause mudihah;
  5. by causing fracture of a bone without dislocating it, is said to cause hashimah; and
  6. by fracturing and dislocating the bone, is said to cause munaqqilah.

337-J. Causing hurt by mean of a poison:

Whoever administers to or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.

337-Q. Arsh for single organs:

The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to the value of diyat.

Explanation: Nose and tongue are included in the organs which are found singly in a human body.

337-R. Arsh for organs in pairs:

The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one-half of the diyat:

Provided that, where the victim has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat.

Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.

337-S. Arsh for the organs in quadruplicate:

The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to:

  1. one-fourth of the diyat, if the itlaf is one of such organs;
  2. one-half of the diyat, if the itlaf is of two of such organs;
  3. three-fourth of the diyat, if the itlaf is of three such organs; and
  4. fulldiyat, if the itlaf is of all the four organs

Explanation: Eyelids are organs which are found in a human body in a set of four.

337-T. Arsh for fingers:

  1. The arsh for causing itlaf of a finger of a hand or foot shall be one-tenth of the diyat.
  2. The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of the diyat: Provided that where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the diyat.

337-U. Arsh for teeth:

  1. The arsh for causing itlaf of a tooth, other than a milk tooth, shall be one-twentieth of the diyat. Explanation: The impairment of the portion of a tooth outside the gum amounts to causing itlaf of a tooth.
  2. The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat.
  3. Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also be punished with imprisonment of either description for a term which may extend to one year: Provided that, where itlaf of a milk tooth impedes the growth of.a new tooth, the accused shall be liable to arsh specified in sub-section 1.

337-V. Arsh for hair:

Whoever uproots:

  1. all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the body shall be liable to arsh equal to diyat and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir;
  2. one eyebrow shall be liable to arsh equal to one- half of the diyat; and
  3. one eyelash, shall be liable to arsh equal to one fourth of the diyat.

Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub section 1., the accused shall be liable to daman and imprisonment of either description, which may extend to one year.

337-W. Merger of arsh:

Where an accused more than one hurt, he shall be liable to arsh specified for each hurt separately, Provided that, where:

  1. hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and
  2. the wounds join together and form a single wound, the accused shall be liable to arsh for one wound.

Illustrations

  1. A amputates Z’s fingers of the right hand and then at the same time amputates that hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only.
  2. A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to arsh for one wound only.

Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat. Provided that the death is caused before the healing of the wound caused by such hurt.

337-X. Payment of arsh:

  1. The arsh may be made payable in a lump sum or in instalments spread over a period of three years from the date of the final judgment.
  2. Where a convict fails to pay arsh or any part thereof within the period specified in subsection 1., the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full may be released on bail if he furnishes security equal to amount of arsh to the satisfaction of the Court.
  3. Where a convict dies before the payment of arsh any part thereof, it shall be recovered from his estate.

338. Isqat-i-Hamal:

Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal. Explanation: A woman who causes herself to miscarry is within the meaning of this section.

338-B. Isqat-i-janin:

Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin.

339. Wrongful restraint:

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception: The obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

340. Wrongful confinement:

Whoever wrongfully restrains any person in such a manner as 10 prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

349. Force:

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described:

  1. By his own bodily power.
  2. By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.
  3. By inducing any animal to move, to change its motion, or to cease to move.

350. Criminal force:

Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause or knowing it to be likely that by the use of such force he wilt cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

354. Assault or criminal force to woman with intent to outrage her modesty:

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

354-A. Assault or use of criminal force to woman and stripping her of her clothes:

Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.

355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation:

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

357. Assault or criminal force in attempting wrongfully to confine person:

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to [three thousand rupees], or with both.

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person:

Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person shall be punished in the same manner as if he had kidnapped or abducted Such person with the same intention or knowledge, or for the same purposes as that with or for which he conceals or detains such person in confinement.

496-A. Enticing or taking away or detaining with criminal intent a woman:

Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

PSYCHOLOGICAL AND EMOTIONAL VIOLENCE

Psychological and emotional violence are not generally recognized as offences by society, however, they can create as much harm and damage, if not more than the physical. While all the forms of domestic violence identified have a psychological and emotional effect, the offences identified below are more common and easily identifiable.

The most common and accepted forms would be the ones which include threatening or intimidating a person, causing them to feel fear etc. However, other offences such as exposure and abandonment of a child can have severe psychological and emotional effects on the victim. Other offences such as wrongful confinement and restraint can also affect the victim to constantly feel fear and be afraid whether of consequences of breaching their ‘boundaries’ or being made to feel helpless. Threats for the purposes of extortion are also included here in order to bring attention to common issues in domestic violence i.e. money and property. Another offence recognized in the effect invalid or illegal or polygamous marriages may have on women, who are made to believe they are validly and legally married. Any revelation to the contrary could cause harm to her and her reputation and this needs to be recognized.

Pakistan Penal Code

299. Definitions:

  • “ikrah-e-tam” means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;

328. Exposure and abandonment of child under twelve years by parent or person having care of it:

Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment’ of either description for- a term which may extend to seven years, or with fine, or with both.

Explanation: This section is not intended to prevent the trial of the offender for qatl-i-amd or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure.

339. Wrongful restraint:

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception: The obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

340. Wrongful confinement:

Whoever wrongfully restrains any person in such a manner as 10 prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

343. Wrongful confinement for three or more days:

Whoever wrongfully confines any person, for three days or more, shall be punished with imprisonment of either description for a term, which may extend to two years, or with fine, or with both.

344. Wrongful confinement for ten or more days:

Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.

346. Wrongful confinement in secret:

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person of public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

351. Assault:

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will-cause any person present to apprehend that he who makes that gesture or preparation it about to use .of criminal force to that person, is said to commit an assault.

Explanation: Mere words do not amount to an assault, But the words which a person uses may give to his gesture or preparation such a meaning as may make those gestures or preparations amount to an assault.

354. Assault or criminal force to woman with intent to outrage her modesty:

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

354-A. Assault or use of criminal force to woman and stripping her of her clothes:

Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.

355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation:

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

357. Assault or criminal force in attempting wrongfully to confine person:

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to [three thousand rupees], or with both.

385. Putting person in fear of injury in order to commit extortion:

Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

386. Extortion by putting a person in fear of death or grievous hurt:

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person to any other, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

387. Putting person in fear of death or of grievous hurt, in order to commit extortion:

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any Other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.:

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

389. Putting person in fear of accusation of offence, in order to commit extortion:

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, commit an offence punishable with death or with imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

493-A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.:

Every man who deceitfully causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and shall also he liable to fine.

494. Marrying again during lifetime of husband or wife:

Whoever, having a husband or wife living, marries in any case in which, such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception: This Section does not extend to any person, whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

496. Marriage ceremony fraudulently gone through without lawful marriage:

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.

503. Criminal Intimidation:

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

SEXUAL VIOLENCE:

Sexual violence has been discussed quite broadly in the definitions. Here it is important to mention that the laws themselves can be interpreted broadly in order to include any and all forms of sexual violence and committed by whomever. These could include exposing a child to pornography, incest, marital rape and sexual abuse and harassment.

Pakistan Penal Code

293. Sale, etc., of obscene objects to young person:

Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

299. Definitions:

In this Chapter, unless there is anything repugnant in the subject or context:

  • “ikrah-e-tam” means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;

303. Qatl committed under ‘ikrah-i-tam or ikrah-i-naqis’. Whoever commits qatl:

  • under ikrah-i-tam shall be punished with imprisonment for a term which may extend to twenty-five years but shall not be less than ten years and the person causing ‘ikrah-i-tam’ shall be punished for the kind of qatl committed as a consequence of his ikrah-i-tam;

337-L. Punishment for other hurt:

  1. Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years.
  2. Whoever causes hurt not covered by sub-section 1. shall be punished with imprisonment of either description for a term which may extend to two years, or with daman, or with both.

354. Assault or criminal force to woman with intent to outrage her modesty:

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

354-A. Assault or use of criminal force to woman and stripping her of her clothes:

Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.

367-A. Kidnapping or abducting in order to subject person to unnatural lust:

Whoever kidnaps, or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine.

375. Rape:

A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:

  1. against her will
  2. without her consent
  3. with her consent, when the consent has been obtained by putting her in fear of death or of hurt,
  4. with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or
  5. With or without her consent when she is under sixteen years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

377. Unnatural offences:

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

509. Insulting modesty or causing sexual harassment:

Whoever:

  1. Intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman;
  2. conducts sexual advances, or demands sexual favours or uses written or verbal communication or physical conduct of a sexual nature which intends to annoy, insult, intimidate or threaten the other person or commits such acts at the premises of work place, or makes submission to such conduct either explicitly or implicitly a term or condition of an individual’s employment, or makes submission to or rejection of such conduct by an individual a basis for employment decision affecting such individual, or retaliates because of rejection of such behavior, or conducts such behavior with the intention of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment,

Shall be punished with imprisonment which may extend to three years or fine up to five hundred thousand rupees or with both.

Anti Terrorism Act 1997

6. Terrorist act:

A person is said to commit a terrorist act if he:

(c) commits an act of gang rape, child molestation, or robbery coupled with rape as specified in the Schedule to this Act;

VIOLENCE FOR ULTERIOR PURPOSES:

This section is purely included in order to attach the offence of domestic violence with some of the intentions. While a number of the crimes may have their roots in sexuality and control, a large number of reported cases relate to money and property. The link must be created in order to ensure people not only recognize this link but also be able to identify and access the necessary laws to protect their own rights and interests.

383. Extortion:

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

385. Putting person in fear of injury in order to commit extortion:

Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

386. Extortion by putting a person in fear of death or grievous hurt:

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person to any other, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

387. Putting person in fear of death or of grievous hurt, in order to commit extortion:

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any Other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.:

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

389. Putting person in fear of accusation of offence, in order to commit extortion:

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, commit an offence punishable with death or with imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

 

22 comments on “::Laws against Domestic Violence in Pakistan

  1. Iam 15 years old and Iam a student of class10
    Sir I got slaped by a stranger for no reason in my couching center in front of everyone that guy was also carrying a gun with him…
    So should I complain about him in the police station?
    Please reply me back as soon as possible.

    Like

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