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Protection for Victims
of Child Sexual Abuse in the Law
The Pakistani criminal justice system does not
deal with sexual offences against children any
differently than sexual offences against adults.
Pakistan Penal Code and Hudood Ordinances of 1979
can be used to prosecute some child sexual abuse
cases. The Pakistan Penal Code provisions used
to prosecute sexual abusers directly for rape
and sodomy. Murder and kidnapping cases are also
used to punish offenders less directly. Section
376 on rape of women prescribes a punishment of
death or imprisonment not less than ten years
or more than twenty five years with fine also.
Section 377 covers sodomy and gives a punishment
of 2-10 years. Section 254 covers sexual harassment
but the maximum punishment is only two years imprisonment.
The most significant development recently is
the adoption of the Protection of Women (Criminal
Laws Amendment) Act, 2006. The Act makes several
changes in the law. The offence of rape (zina-bil-jabr)
and the punishment for it have been deleted from
the zina ordinance and restored to the PPC as
sections 375 and 376. The offence has been defined
as an act forcibly committed by a man upon a woman,
thus obliterating the pre- 1979 implication in
the PPC that a male could also be raped. Consent
of the woman will not be a defense if she is less
than 16 years of age. Punishment for rape will
be death or imprisonment for 10 to 25 years. The
procedure for rape and gang-rape cases will be
governed by the Code of Criminal Procedure (CrPC).
Cases will be heard by normal courts of criminal
jurisdiction as was done earlier but now appeals
also will be filed in normal courts and not the
FSC. Zina liable to Tazir punishment has been
shifted to the PPC. The offence is bailable and
punishment is imprisonment for up to 5 years.
All complaints will be made through private complaints
supported by two adult, male, Muslim witnesses.
The six offences taken out of the zina ordinance
(its sections 11 to 16) and restored to the Penal
Code are: kidnapping, abducting or inducing woman
to compel marriage etc-
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