CRIMINAL LAWS (AMENDMENT) ACT, 2021

ACT NO. LVI OF 2021

An Act to effectually tackle the pervading instances of rape and sexual abuse in respect of women and children through changes in the substantive law;

[Gazette of Pakistan, Extraordinary, Part-I, 4th December, 2021]

No. F. 22(2)/2021-Legis., dated 3.12.2021.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 2nd December, 2021 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), in the manner hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Criminal Laws (Amendment) Act, 2021.

(2) It shall come into force at once.

  1. Amendment of Section 375, Act XLV of 1860.–In the Pakistan Penal Code, 1860 (Act XLV of 1860), hereinafter referred to as the Penal Code, for the existing Section 375 the following shall be substituted, namely:-

“375. Rape.–A person A is said to commit “rape” if A–

(a)      penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of another person B or makes B to do so with A or any other person; or

(b)      inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of B or makes B to do so with A or any other person; or

(c)      manipulates any part of the body of B so as to cause penetration into the vagina, urethra, anus or any part of body of B or makes B to do so with A or any other person; or

 

(d)      applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so with A or any other person, under the circumstances falling under any of the following seven descriptions,–

firstly, against B’s will;

secondly, without B’s consent;

thirdly, with B’s consent, which has been obtained by putting B or any person in whom B is interested, in fear of death or of hurt;

fourthly, with B’s consent, when A knows that A is not B’s husband and that B’s consent is given because B believes that A is another man to whom B is or believes herself to be lawfully married;

fifthly, with B’s consent when, at the time of giving such consent, by reason of un-soundness of mind or intoxication or the administration by A personally or through another of any stupefying or un-wholesome substance, B is unable to understand the nature and consequences of that to which B gives consent;

sixthly, with or without B’s consent, when B is under sixteen years of age; or

seventhly, when B is unable to communicate consent.

        Explanation 1.–For the purposes of this section, “vagina” shall also include labia majora.

        Explanation 2.–Consent means an un-equivocal voluntary agreement when B by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that if B who does not physically resists to the act of penetration, it shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

        Explanation 3.–In this Chapter,–

“person” means male, female or transgender; and

“rape” includes “gang rape”.

Explanation 4.--A bona fide medical procedure or intervention shall not constitute rape.

  1. Insertion of new Section 375-A, Act XLV of 1860.–In the Penal Code, after Section 375, the following new section shall be inserted, namely:–

“375-A. Gang rape.–Where a person is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be guilty of the offence of gang rape and shall be punished with death or for imprisonment for the remainder period of natural life or imprisonment for life and fine.”.

  1. Amendment of Section 376, Act XLV of 1860.–In the Penal Code, in the existing Section 376,–

(a)      in sub-section (1), after the words “twenty-five years” the words “or for imprisonment for the remainder period of his natural life” shall be inserted; and

(b)      sub-section (2) shall be omitted.

  1. Amendment of Schedule-II, Act V of 1898.–In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule-II,–

after sub-heading “of rape” the following shall be inserted, namely:–

375-A Gang Rape May arrest without warrant None required Not bailable Not compundable Death of imprisonment for the remainder period of natural life or imprisonment for life and fine Court of Sessions

; and

(i)       for the existing entries relating to Section 376 in columns 1 to 8, the following shall be substituted, namely:-

376 Rape May arrest without warrant None required Not bailable Not compoundable Death or imprisonment not less than ten years or more than twenty-five years or imprisonment for the remainder period of natural life and fine Court of Sessions
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