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ACT NO. XXVI OF 2011

CRIMINAL LAW (THIRD AMENDMENT) ACT, 2011

An Act further to amend the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part-I, 28th December, 2011]

No. F. 24(12)/2011-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 26th December, 2011, is hereby published for general information:—

WHEREAS it is expedient further to amend the Pakistan Penal Code 1860 (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1898) for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1.  Short title and commencement.—(1) This Act may be called the Criminal Law (Third Amendment) Acts 2011.

(2)  It shall come into force at once.

2. Substitution of Section 310A, Act XLV of 1860.—In the Pakistan Penal Code (Act XLV of 1860), hereinafter referred to as the Code, in Chapter XVI, for Section 310A, the following shall be substituted, namely:—

"310A. Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara.—Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badal-e-sulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.".

3. Insertion of new Chapter XXA, Act XLV of 1860.—In the Code, after Chapter XX, the following new Chapter shall be inserted, namely:—

"CHAPTER XXA 
OF OFFENCES AGAINST WOMEN

498A.  Prohibition of depriving woman from inheriting property.—Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.

498B.  Prohibition of forced marriage.—Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of either description for a term, which may extend to seven years or for a term which shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.

498C.  Prohibition of marriage with the Holy Quran.—Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to seven years which shall not be less than three years and shall be liable to fine of five hundred thousand rupees.

            Explanation.Oath by a woman on Holy Quran to remain unmarried for the rest of her life or, not to claim her share of inheritance shall be deemed to be marriage with the Holy Quran.".

4.         Insertion of new Section 402D, Act V of 1898.—In the Code of Criminal Procedure (Act V of 1898), hereinafter referred to as the said Code, after Section 402C, the following new section shall be inserted, namely:—

"402D. Provincial Government not to interfere in sentences of rape.—Notwithstanding anything contained in sections 401, 402 or 402B, the Provincial Government shall not suspend, remit or commute any sentence passed under Section 376 of the Pakistan Penal Code (Act XLV of 1860).".

5.         Amendment of Schedule II, Act V of 1898.—In the said Code, in Schedule II,—

(i)         for Section 310A, in column 1 and the entries relating thereto in columns (2) to (8), the following shall be substituted, namely:—

“1

2

3

4

5

6

7

8

310A

Giving a female forcefully in Marriage or otherwise in badal-e-sulh, wanni or swara

Shall not arrest without warrant

Warrant

Not bailable

Not Compoundable

Imprisonment of either description which may extend to 7 years but shall not be less than 3 years and fine of rupees 500,000/-

Court of Sessions or Magistrate of first class.”;

(ii)        after Section 498, in column 1 and the entries relating thereto in column (2) to (8), the following shall be inserted, namely:—

“1

2

3

4

5

6

7

8

“498 A

Prohibition of depriving woman from inheriting property

Shall not arrest without warrant

Warrant

Not bailable

Not Compoundable

Imprisonment of cither description for a term which may extend to 10 years but shall not be less than 5 years or with a fine of rupees 10,00,000/- or both.

Court of Sessions.

498B

Prohibition of forced marriage

Ditto

Ditto

Ditto

Ditto

Imprisonment of cither description which may Extend to 7 years but shall not be less than three years and a fine of rupees 500.000/-"

Court of Sessions or Magistrate of first Class.

498C

Prohibition of marriage with the Holy Quran

Ditto

Ditto

Ditto

Ditto

Imprisonment of either description which may extend to 7 years but shall not be less than 3 years and a fine of rupees 500,000/-

Ditto.”