Protection Of Women Act 2006
ACT No. VI OF 2006
An Act further to amend the Pakistan Penal Code, the Code of Criminal Procedure and other laws
WHEREAS it is necessary to provide relief and protection to women against misuse and abuse of law and to prevent their exploitation;
AND WHEREAS Article 14 of the Constitution ensures that dignity of man and, subject to law, the privacy of home, shall be inviolable;
AND WHEREAS Article 25 of the Constitution guarantees that there shall be no discrimination on the basis of sex alone and that the State shall make provisions for the protection of women;
AND WHEREAS Article 37 of the Constitution encourages promotion of social justice and eradication of social evils;
AND WHEREAS the objective of this Bill is to bring in particular the laws relating to zina and qazf in conformity with the stated objectives of the Constitution and the Injunctions of Islam;
AND WHEREAS it is expedient for the aforesaid objectives further to amend the Pakistan Penal Code (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V of 1898), the Dissolution of Muslim Marriages Act, 1939 (V III of 1939), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of, 1979), and the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) and for the purposes hereinafter appearing;
It is hereby enacted as follows:
1. Short title arid commencement. (1) This Act may be called the Protection of Women (Criminal Laws Amendment) Act, 2006.
(2) It shall come into force at once.
2. Insertion of new section, Act XLV of 1860.In the Pakistan Penal Code (Act XLV of 1860), hereinafter referred to as the said Code, after section 365A, the following new section shall be inserted,namely:
"365B. Kidnapping, abducting or inducing woman to compel for marriage etc. Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also
be liable to fine; and whoever by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. ".
3. Insertion of new section, Act XLV of 1860. In the said, Code, after section 367, the following new section shall be inserted, namely:
"367A. 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.".
4. Insertion of new sections, Act XLV of 1860 .In the said Code, after section 371, the following new sections shall be inserted, namely:
"371A. Selling person for purposes of prostitution, etc.Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any .time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be
likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty five
years, and shall also be liable to fine.
Explanation s.(a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel,the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage.
371B. Buying person for purposes of prostitution, etc.-Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall
at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanation. Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.".
5. Insertion of new sections, Act XLV of 1860. In the said Code, after section 374, the following new sections 375 and 376 under sub-heading "Of Rape", shall be inserted, namely:
"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,
(i) against her will;
(ii) without her consent;
(iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt;
(iv) 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
(v) 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.
376. Punishment for, rape. (1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall 'not be less
than ten years or more than twenty-five years and shall also be liable to fine.
(2) When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or
imprisonment for life.".
6. Insertion of new section, Act XLV of 1860. In the said Code, in Chapter XX, the following new section shall be inserted, namely:
"493A. 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 be liable to fine.".
7. Insertion of new sections, Act XLV of 1860.In the said Code, after section 496, the following new sections shall be inserted, namely:
"496A. 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.
496B. Fornication.(1) A man, and a woman not married to each other are said to commit fornication if they willfully have sexual intercourse with one another.
(2) Whoever commits fornication shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding
ten thousand rupees.
496C. Punishment for false accusation of fornication. Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be
punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees:
Provided that a Presiding Officer of a Court dismissing a complaint under section 203 C of the Code of Criminal Procedure, 1898 and after providing the accused an opportunity to show cause if satisfied that an offence under this section has been committed shall not require any further proof andshall forthwith proceed to pass the sentence.".
8. Insertion of new sections, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), after section 203, the following new sections shall be
inserted, namely :
"203A. Complaint in case of Zina.(1) No court shall take cognizance of an offence under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance,
1979 (VII of 1979), except on a complaint lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine, on oath, the complainant and at least four Muslim, adult male eye -witnesses, about whom the Court is satisfied having regard to the requirement of tazkiyah-al-shahood, that they are truthful persons and abstain from major sins (kabair), of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.
Explanation.In this section "tazkiyah-al-shahood" means _he mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness.
(3) The substance of the examination of the complainant and the eyewitnesses shall be reduced to writing and shall be signed _y the complainant and the eyewitnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the four or more eye-witnesses there is, in his judgment, no sufficient ground for proceeding and in such case
he shall record his reasons for so doing.
203 B. Complaint in case of Qazf.(1) Subject to sub-section (2) off section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), no
Court shall take cognizance of an offence under section 7 of the said' Ordinance, except on a complaint lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine on oath the complainant and the witnesses as
mentioned in section 6 of the Offence of Qazf (Enf orcement of Hadd) Ordinance, 1979 (VIII of 1979) of the act of Qazf necessary, to the offence.
(3) The substance of the, examination .of the complainant and the witnesses shall be reduced to writing and shall be signed by the complainant, and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, .there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the witnesses there is , in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.
203C. Complaint in case of fornication.(1) No court shall take cognizance of an offence under section 496B of the Pakistan Penal, Code, except on a complaint
lodged- in a Court of competent jurisdiction.
(2) The presiding Officer of a Court taking cognizance of an offence shall at once examine on oath the complainant and at least two eyewitnesses to the act of
fornication.
(3) The substance of the examination of the complainant and the eye-witnesses shall be reduced to writing and shall be signed by the complainant and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding the Court shall issue a summons for the personal attendance of
the accused:
Provided that the Presiding Officer of a Court shall not require the accused to furnish any security except a personal bond, without sureties, to ensure attendance before the Court in further proceedings.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been. transferred may dismiss the complaint, if, after considering
the statements on oath of the complainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in such case lie shall record
his reasons for so doing.
(6) Notwithstanding the foregoing provisions or anything contained in any other law for the time be ing in force no complaint under this section shall be
entertained against any person who is accused of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No.
VII of 1979) and against whom a complaint under section 203A of this Code is pending or has been dismissed or who has been acquitted or against any
person who is a complainant or a victim in a case' of rape, under any circumstances whatsoever.".
9. Amendment of Schedule II, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule ll
(i) after section 365A in column 1 and entries relating thereto in columns to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
365B
Kidnapping,abducting
or inducing woman to
compel for marriage etc. Ditto Ditto Ditto Ditto Imprisonment Ditto Ditto
for life and fine
(ii) after section 367 in column 1 and entries relating thereto in columns 2.to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
367A
Kidnapping or abducting
in order to subject person
to unnatural lust. Ditto Ditto Ditto Ditto Death or rigorous Ditto
imprisonment which
may extend to twenty
-five years and fine.
(iii) after section 371 in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
Ditto Ditto Ditto Ditto Ditto Ditto Row 2
(iv) after section 374 the sub-heading "Of Rape'" shall be inserted;
(v) for the existing entries relating to section 376 in columns 1 to 8, the following shall be substituted, namely:
1 2 3 4 5 6 7 8
376
Rape May arrest without
warrant Warrant Not Bailable Not compoundable Death or imprisonment not less than
ten years or more than twenty five
years and fine Death or imprisonment
for life, if the offence committed by
two or more person in furtherance
of common intention. Court of Sessions
;
(vi) after section 493 in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:–
1 2 3 4 5 6 78493A
Cohabitation
caused by a
man
deceitfully
inducing a
belief of
lawful
marriage.
May
arrest
without
warrant
Warrant Not
bailable.
Not
compoundable.
Rigorous
imprisonment
which may
extend to
twenty-five
years and
fine.
Ditto
(vii) in section 494 in column 1, in column 3, for the word "Ditto" the words "Shall
not arrest without warrant" shall be substituted;
(viii) after section 496 in column 1 and entries relating thereto in columns 2 to 8, the
following shall De inserted, namely:–
1 2 3 4 5 6 78496A
Enticing or
taking
away or
detaining
with
criminal
intent a
woman.
May
arrest
without
warrant
Ditto Not
bailable.
Ditto.
Imprisonment
of either
description
which may
extend to
seven years and fine.
Court of
Sessions
or
Magistrate
of the first
class
1 2 3 4 5 6 78496B
Fornication
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Imprisonment
which may
extend to five
years and fine
not exceeding
ten thousand
rupees.
Magistrate
of the first
class
1 2 3 4 5 6 78496C
False
accusation
of
Fornication
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Imprisonment
which may
extend to five
years and fine
not exceeding
ten thousand
rupees.
Magistrate
of the first
class
; and
(ix) under the heading, "OFFENCES AGAINST OTHER LAWS" after the last
entry, in column 1 and entries relating thereto in columns 2 to, 8, the following
shall be added, namely:–
1 2 3 4 5 6 78Section 5
of
Ordinance
VII of
1979
Zina.
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Stoning to
death in
case of
Muhsan
and if not
Muhsan
whipping
not
exceeding
one
hundred
stripes.
Court of
Sessions.
Section 7
of
Ordinance
VIII of
1979
Qazf Shall
not
arrest
without
warrant.
Summons Bailable Not
compoundable.
Whipping
numbering
eighty
stripes.
Court of
Sessions.
10. Amendment of section 2, Ordinance VII of 1979. (1) In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 2,
(i) after clause (a), the following new clause (aa) shall be inserted, namely:
"(aa) "confession" means, notwithstanding any judgement of any court to the contrary, an oral statement, explicitly admitting the commission of the offence of zina, voluntarily made by the accused before a court of sessions having jurisdiction in the matter or on receipt of a summons under section 203A of the Code of Criminal Procedure, 1898 (Act V of 1898)"; and
(ii) clauses (c) and (e) shall be omitted.
11. Omission of section 3, Ordinance VII of 1979. In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), section 3 shall be omitted.
12. Amendment of section 4, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 4, the word "validly" and the explanation at the end of that section shall be omitted.
12A. Insertion of new section, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979); after section 5, the following new section shall be ins erted, namely:
"5A. No case to be converted, lodged or registered under certain provisions.No complaint of zina under section 5 read with section 2Q3A of the Code of Criminal Procedure,1898 and no case where an. allegation of rape is. made shall at any stage be converted into a complaint of fornication under section 496B of the Pakistan Panal Code (Act XLV of 1860) and no complaint of fornication shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 , (Ordinance No.VII of 1979) or an offence of similar nature under any other law for the time being in force.".
13. Omission of sections 6 and 7, Ordinance VII of 1979 .In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), sections 6 and 7 shall be omitted.
14. Amendment of section 8, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 8,
(i) the words and comma "or zina-bil-jabr" shall be omitted; and
(ii) in the marginal note, the words "or zina-bil-jabr" shall be omitted.
15. Amendment of section 9, Ordinance VII of 1979.(1) In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979); in section 9,
(i) the words "or zina-bil-jabr" shall be omitted;
(ii) in sub-section (2) the words, "or zina -bil-jabr" shall be omitted; and
(iii) sub-sections (3) and (4) shall be omitted.
16. Omission of sections 10 to 16, 18 and 19, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance: 1979 (Ordinance No. VII of 1979), sections 10 to 16 and 18 and 19 shall be omitted.
17. Amendment of section 17, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 17, the words and figure "or section 6" shall be omitted.
18. Amendment of section 20, Ordinance VII of 1979 In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 20,
(i) in sup-section (1), the first proviso shall be omitted and in the second proviso,the word "further" shall be ,omitted;
(ii) sub-section (3) shall be omitted; and
(iii) sub-section (5) shall be omitted.
19. Amendment of section 2, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of), for clause (a) the following shall be substituted; namely:
"(a) "adult", "hadd" and "ziI1a" have the same meaning as in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and".
20. Amendment of section 4, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), section 4 shall be omitted.
21. Amendment of section 6, Ordinance VIII of 1979. In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), section 6, shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as aforesaid, the following new sub-section (2) shall be added, namely:
"(2) The Presiding Officer of a Court dismissing a complaint under section 203A of the Code of Criminal Procedure, 1898 or acquitting an accused under section 5 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 (Ordinance VII of 1979), if satisfied that the offence of qazf liable to hadd has been committed, shall not require any proof of qazf and shall proceed to pass sentence under section 7.".
22. Amendment of section 8, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordina nce No. VIII of 1979), in section 8, the words, "a report made to the police or" shall be omitted.
23. Amendment of section 9, Ordinance VIII of 1979. In the PI Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 9, for sub-section (2), the following shall be substituted, namely:
"(2) In a case in which, before the execution of hadd, the complainant withdraws his allegation of qazf, or states that the accused had made a false confession or
that any of the witnesses had deposed falsely, hadd shall not be enforced.".
24. Omission of sections 10 to 13 and 15, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No.I VIII of 1979),
sections 10 to 13 and 15 shall be omitted.
25. Amendment of section 14, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement, of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 14, subsections (3) and (4) shall be omitted.
26. Omission of section 16, Ordinance VIII of 1979.In the Offence , of Qazf (Enforcement of Hadd) Ordinance,1979 (Ordinance No. VIII of 1979), section 16 shall be omitted.
27. Amendment of section 17 , Ordinance VIII of 1979 .In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of ), in section 17,
(i) the first proviso shall be omitted; and
(ii) for the second proviso, the following shall be substituted, namely:
"Provided that an offence punishable under section 7 shall be triable by a Court of Sessions and not by or before a Magistrate authorized under section 30 of the said Code and an appeal from an order of the Court of Sessions shall lie to the Federal Shariat Court.".
28. Omission of section 19, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), section 19 shall be omitted.
29. Insertion of new section, Dissolution of Muslim Marriages Act, 1939 (VIIIof 1939).In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2,
after clause (vii), the following .new clause shall be. inserted, namely:
"(viia) lian;
Explanation. Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.
RAJA MUHAMMAD AMIN,
Secretary.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.
ACT No. VI OF 2006
An Act further to amend the Pakistan Penal Code, the Code of Criminal Procedure and other laws
WHEREAS it is necessary to provide relief and protection to women against misuse and abuse of law and to prevent their exploitation;
AND WHEREAS Article 14 of the Constitution ensures that dignity of man and, subject to law, the privacy of home, shall be inviolable;
AND WHEREAS Article 25 of the Constitution guarantees that there shall be no discrimination on the basis of sex alone and that the State shall make provisions for the protection of women;
AND WHEREAS Article 37 of the Constitution encourages promotion of social justice and eradication of social evils;
AND WHEREAS the objective of this Bill is to bring in particular the laws relating to zina and qazf in conformity with the stated objectives of the Constitution and the Injunctions of Islam;
AND WHEREAS it is expedient for the aforesaid objectives further to amend the Pakistan Penal Code (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V of 1898), the Dissolution of Muslim Marriages Act, 1939 (V III of 1939), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of, 1979), and the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) and for the purposes hereinafter appearing;
It is hereby enacted as follows:
1. Short title arid commencement. (1) This Act may be called the Protection of Women (Criminal Laws Amendment) Act, 2006.
(2) It shall come into force at once.
2. Insertion of new section, Act XLV of 1860.In the Pakistan Penal Code (Act XLV of 1860), hereinafter referred to as the said Code, after section 365A, the following new section shall be inserted,namely:
"365B. Kidnapping, abducting or inducing woman to compel for marriage etc. Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also
be liable to fine; and whoever by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. ".
3. Insertion of new section, Act XLV of 1860. In the said, Code, after section 367, the following new section shall be inserted, namely:
"367A. 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.".
4. Insertion of new sections, Act XLV of 1860 .In the said Code, after section 371, the following new sections shall be inserted, namely:
"371A. Selling person for purposes of prostitution, etc.Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any .time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be
likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty five
years, and shall also be liable to fine.
Explanation s.(a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel,the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage.
371B. Buying person for purposes of prostitution, etc.-Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall
at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanation. Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.".
5. Insertion of new sections, Act XLV of 1860. In the said Code, after section 374, the following new sections 375 and 376 under sub-heading "Of Rape", shall be inserted, namely:
"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,
(i) against her will;
(ii) without her consent;
(iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt;
(iv) 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
(v) 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.
376. Punishment for, rape. (1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall 'not be less
than ten years or more than twenty-five years and shall also be liable to fine.
(2) When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or
imprisonment for life.".
6. Insertion of new section, Act XLV of 1860. In the said Code, in Chapter XX, the following new section shall be inserted, namely:
"493A. 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 be liable to fine.".
7. Insertion of new sections, Act XLV of 1860.In the said Code, after section 496, the following new sections shall be inserted, namely:
"496A. 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.
496B. Fornication.(1) A man, and a woman not married to each other are said to commit fornication if they willfully have sexual intercourse with one another.
(2) Whoever commits fornication shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding
ten thousand rupees.
496C. Punishment for false accusation of fornication. Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be
punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees:
Provided that a Presiding Officer of a Court dismissing a complaint under section 203 C of the Code of Criminal Procedure, 1898 and after providing the accused an opportunity to show cause if satisfied that an offence under this section has been committed shall not require any further proof andshall forthwith proceed to pass the sentence.".
8. Insertion of new sections, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), after section 203, the following new sections shall be
inserted, namely :
"203A. Complaint in case of Zina.(1) No court shall take cognizance of an offence under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance,
1979 (VII of 1979), except on a complaint lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine, on oath, the complainant and at least four Muslim, adult male eye -witnesses, about whom the Court is satisfied having regard to the requirement of tazkiyah-al-shahood, that they are truthful persons and abstain from major sins (kabair), of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.
Explanation.In this section "tazkiyah-al-shahood" means _he mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness.
(3) The substance of the examination of the complainant and the eyewitnesses shall be reduced to writing and shall be signed _y the complainant and the eyewitnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the four or more eye-witnesses there is, in his judgment, no sufficient ground for proceeding and in such case
he shall record his reasons for so doing.
203 B. Complaint in case of Qazf.(1) Subject to sub-section (2) off section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), no
Court shall take cognizance of an offence under section 7 of the said' Ordinance, except on a complaint lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine on oath the complainant and the witnesses as
mentioned in section 6 of the Offence of Qazf (Enf orcement of Hadd) Ordinance, 1979 (VIII of 1979) of the act of Qazf necessary, to the offence.
(3) The substance of the, examination .of the complainant and the witnesses shall be reduced to writing and shall be signed by the complainant, and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, .there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the witnesses there is , in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.
203C. Complaint in case of fornication.(1) No court shall take cognizance of an offence under section 496B of the Pakistan Penal, Code, except on a complaint
lodged- in a Court of competent jurisdiction.
(2) The presiding Officer of a Court taking cognizance of an offence shall at once examine on oath the complainant and at least two eyewitnesses to the act of
fornication.
(3) The substance of the examination of the complainant and the eye-witnesses shall be reduced to writing and shall be signed by the complainant and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding the Court shall issue a summons for the personal attendance of
the accused:
Provided that the Presiding Officer of a Court shall not require the accused to furnish any security except a personal bond, without sureties, to ensure attendance before the Court in further proceedings.
(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been. transferred may dismiss the complaint, if, after considering
the statements on oath of the complainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in such case lie shall record
his reasons for so doing.
(6) Notwithstanding the foregoing provisions or anything contained in any other law for the time be ing in force no complaint under this section shall be
entertained against any person who is accused of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No.
VII of 1979) and against whom a complaint under section 203A of this Code is pending or has been dismissed or who has been acquitted or against any
person who is a complainant or a victim in a case' of rape, under any circumstances whatsoever.".
9. Amendment of Schedule II, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule ll
(i) after section 365A in column 1 and entries relating thereto in columns to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
365B
Kidnapping,abducting
or inducing woman to
compel for marriage etc. Ditto Ditto Ditto Ditto Imprisonment Ditto Ditto
for life and fine
(ii) after section 367 in column 1 and entries relating thereto in columns 2.to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
367A
Kidnapping or abducting
in order to subject person
to unnatural lust. Ditto Ditto Ditto Ditto Death or rigorous Ditto
imprisonment which
may extend to twenty
-five years and fine.
(iii) after section 371 in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely:
1 2 3 4 5 6 7 8
Ditto Ditto Ditto Ditto Ditto Ditto Row 2
(iv) after section 374 the sub-heading "Of Rape'" shall be inserted;
(v) for the existing entries relating to section 376 in columns 1 to 8, the following shall be substituted, namely:
1 2 3 4 5 6 7 8
376
Rape May arrest without
warrant Warrant Not Bailable Not compoundable Death or imprisonment not less than
ten years or more than twenty five
years and fine Death or imprisonment
for life, if the offence committed by
two or more person in furtherance
of common intention. Court of Sessions
;
(vi) after section 493 in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:–
1 2 3 4 5 6 78493A
Cohabitation
caused by a
man
deceitfully
inducing a
belief of
lawful
marriage.
May
arrest
without
warrant
Warrant Not
bailable.
Not
compoundable.
Rigorous
imprisonment
which may
extend to
twenty-five
years and
fine.
Ditto
(vii) in section 494 in column 1, in column 3, for the word "Ditto" the words "Shall
not arrest without warrant" shall be substituted;
(viii) after section 496 in column 1 and entries relating thereto in columns 2 to 8, the
following shall De inserted, namely:–
1 2 3 4 5 6 78496A
Enticing or
taking
away or
detaining
with
criminal
intent a
woman.
May
arrest
without
warrant
Ditto Not
bailable.
Ditto.
Imprisonment
of either
description
which may
extend to
seven years and fine.
Court of
Sessions
or
Magistrate
of the first
class
1 2 3 4 5 6 78496B
Fornication
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Imprisonment
which may
extend to five
years and fine
not exceeding
ten thousand
rupees.
Magistrate
of the first
class
1 2 3 4 5 6 78496C
False
accusation
of
Fornication
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Imprisonment
which may
extend to five
years and fine
not exceeding
ten thousand
rupees.
Magistrate
of the first
class
; and
(ix) under the heading, "OFFENCES AGAINST OTHER LAWS" after the last
entry, in column 1 and entries relating thereto in columns 2 to, 8, the following
shall be added, namely:–
1 2 3 4 5 6 78Section 5
of
Ordinance
VII of
1979
Zina.
Shall
not
arrest
without
warrant.
Summons Bailable
Not
compoundable
Stoning to
death in
case of
Muhsan
and if not
Muhsan
whipping
not
exceeding
one
hundred
stripes.
Court of
Sessions.
Section 7
of
Ordinance
VIII of
1979
Qazf Shall
not
arrest
without
warrant.
Summons Bailable Not
compoundable.
Whipping
numbering
eighty
stripes.
Court of
Sessions.
10. Amendment of section 2, Ordinance VII of 1979. (1) In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 2,
(i) after clause (a), the following new clause (aa) shall be inserted, namely:
"(aa) "confession" means, notwithstanding any judgement of any court to the contrary, an oral statement, explicitly admitting the commission of the offence of zina, voluntarily made by the accused before a court of sessions having jurisdiction in the matter or on receipt of a summons under section 203A of the Code of Criminal Procedure, 1898 (Act V of 1898)"; and
(ii) clauses (c) and (e) shall be omitted.
11. Omission of section 3, Ordinance VII of 1979. In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), section 3 shall be omitted.
12. Amendment of section 4, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 4, the word "validly" and the explanation at the end of that section shall be omitted.
12A. Insertion of new section, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979); after section 5, the following new section shall be ins erted, namely:
"5A. No case to be converted, lodged or registered under certain provisions.No complaint of zina under section 5 read with section 2Q3A of the Code of Criminal Procedure,1898 and no case where an. allegation of rape is. made shall at any stage be converted into a complaint of fornication under section 496B of the Pakistan Panal Code (Act XLV of 1860) and no complaint of fornication shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 , (Ordinance No.VII of 1979) or an offence of similar nature under any other law for the time being in force.".
13. Omission of sections 6 and 7, Ordinance VII of 1979 .In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), sections 6 and 7 shall be omitted.
14. Amendment of section 8, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 8,
(i) the words and comma "or zina-bil-jabr" shall be omitted; and
(ii) in the marginal note, the words "or zina-bil-jabr" shall be omitted.
15. Amendment of section 9, Ordinance VII of 1979.(1) In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979); in section 9,
(i) the words "or zina-bil-jabr" shall be omitted;
(ii) in sub-section (2) the words, "or zina -bil-jabr" shall be omitted; and
(iii) sub-sections (3) and (4) shall be omitted.
16. Omission of sections 10 to 16, 18 and 19, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance: 1979 (Ordinance No. VII of 1979), sections 10 to 16 and 18 and 19 shall be omitted.
17. Amendment of section 17, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 17, the words and figure "or section 6" shall be omitted.
18. Amendment of section 20, Ordinance VII of 1979 In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 20,
(i) in sup-section (1), the first proviso shall be omitted and in the second proviso,the word "further" shall be ,omitted;
(ii) sub-section (3) shall be omitted; and
(iii) sub-section (5) shall be omitted.
19. Amendment of section 2, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of), for clause (a) the following shall be substituted; namely:
"(a) "adult", "hadd" and "ziI1a" have the same meaning as in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and".
20. Amendment of section 4, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), section 4 shall be omitted.
21. Amendment of section 6, Ordinance VIII of 1979. In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), section 6, shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as aforesaid, the following new sub-section (2) shall be added, namely:
"(2) The Presiding Officer of a Court dismissing a complaint under section 203A of the Code of Criminal Procedure, 1898 or acquitting an accused under section 5 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 (Ordinance VII of 1979), if satisfied that the offence of qazf liable to hadd has been committed, shall not require any proof of qazf and shall proceed to pass sentence under section 7.".
22. Amendment of section 8, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordina nce No. VIII of 1979), in section 8, the words, "a report made to the police or" shall be omitted.
23. Amendment of section 9, Ordinance VIII of 1979. In the PI Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 9, for sub-section (2), the following shall be substituted, namely:
"(2) In a case in which, before the execution of hadd, the complainant withdraws his allegation of qazf, or states that the accused had made a false confession or
that any of the witnesses had deposed falsely, hadd shall not be enforced.".
24. Omission of sections 10 to 13 and 15, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No.I VIII of 1979),
sections 10 to 13 and 15 shall be omitted.
25. Amendment of section 14, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement, of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 14, subsections (3) and (4) shall be omitted.
26. Omission of section 16, Ordinance VIII of 1979.In the Offence , of Qazf (Enforcement of Hadd) Ordinance,1979 (Ordinance No. VIII of 1979), section 16 shall be omitted.
27. Amendment of section 17 , Ordinance VIII of 1979 .In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of ), in section 17,
(i) the first proviso shall be omitted; and
(ii) for the second proviso, the following shall be substituted, namely:
"Provided that an offence punishable under section 7 shall be triable by a Court of Sessions and not by or before a Magistrate authorized under section 30 of the said Code and an appeal from an order of the Court of Sessions shall lie to the Federal Shariat Court.".
28. Omission of section 19, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), section 19 shall be omitted.
29. Insertion of new section, Dissolution of Muslim Marriages Act, 1939 (VIIIof 1939).In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2,
after clause (vii), the following .new clause shall be. inserted, namely:
"(viia) lian;
Explanation. Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.
RAJA MUHAMMAD AMIN,
Secretary.
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