Introduction:

An Act titled, The Criminal Law (Amendment) (Offences Relating to Rape) Act 2016, was passed by the
Parliament in 2016. It made certain important amendments to the already existing criminal law in
Pakistan. The purpose of this Act, the various significant changes brought by it, and important
judgments passed as the result of this Amendment, are discussed hereinafter.

The Criminal Law (Amendment) (Offences Relating to Rape) Act 2016:

This Act made changes in the criminal law of Pakistan, regarding the offences of rape. It contains 16
Sections. Many new provisions were also inserted through this Act. The Acts which were amended
through the Act are Pakistan Penal Code, Code of Criminal Procedure, and Qanoon e Shahadat Order.

Purpose:

Provisions dealing with offences related to rape already existed in Pakistan before this Act was
introduced. Its mere purpose was to fill the already existing gaps in this legislation. Laws exist in the
society to deter the people from committing offences. Rape is a heinous crime, and its commission must
be fully restrained. Our Parliament made an effort in this regard to strengthen the foundations of this
law by passing this Act.

The Act made Offences related to rape non commutable, and harsher punishments were introduced. It
also ensured that female survivors are not deprived of their right to dignity while going through legal
proceedings. It says that a female police officer or family member of the survivor must be present while
her statement is being recorded by the Investigation Officer. The survivor or witnesses can also use
technology to get their statements recorded in videos to avoid court appearances. It also illegalizes the
disclosure of survivor’s identity, hence, no one can publish or print any information of such nature.

The Act gives protection to minors from such offences and ensures the safety of women from public
servants taking advantage of their official position. It deletes the clause (4) of Article 151 of QSO, to
ensure that the general character of the survivor does not become a hindrance to attainment of justice.

Important Points:

Following are the different important points provided in The Criminal Law (Amendment) (Offences
Relating to Rape) Act 2016:

1. Punishment for Offence of Rape:

This Act inserts a new sub-clause to Section 376 PPC in Section 5, and provides punishment of the
offence of rape in different situations. According to it, where the victim is a minor, or hurt was
committed in addition to offence of rape, or where the offence was committed by a public servant
taking advantage of his official position, the offender will be liable to death sentence or life
imprisonment and fine.
2021 YLRN 108

Abdul Ghani Versus State

Facts:

1. The Accused, 17 years old, was allegedly raped the 10 years old daughter of the Complainant.
2. The victim was grazing her goats with her sister and the Accused was also grazing his goats
there.
3. The sister of the victim was an eye-witness and her testimony was admitted by the Court.
4. Prosecution had succeeded in proving its case beyond a reasonable doubt.

Dictum: As Accused was a minor, he could not be awarded death sentence under Section 16 of the
Juvenile Justice System Act, 2018, so he was to be provided the alternative punishment provided by The
Criminal Law (Amendment) (Offences Relating to Rape) Act 2016.

Decision: The Court decided the case against the Accused person, and he was sentenced imprisonment
for life in accordance with Section 376 PPC.

2. Examination of Accused Person:

Section 7 of the Act inserts a new Section 53 A to CrPC. A registered medical professional must
undertake the arrested person's medical examination as soon as possible in the government- or local
authority-run hospital whenever the person is accused of a sexual offence, according to it.

In this regard, the medical officer shall submit a report that shall include the information about the
Accused, the accused's age, injury marks, information gained through DNA profiling and other additional
details. This medical report must be sent to the I/O, which will then be delivered by the I/O to the
magistrate via the public prosecutor.

3. Omission of Article 151, clause (4), QSO:

This Act omitted the clause (4) of Article 151, QSO, which gave the Accused person opportunity to hide
behind the general character of the victim by tarnishing her reputation and proving it in Court. This
omission prevented the victims from getting harassed based on their character during the judicial
proceedings, and it ensured that Accused is punished for committing the offence.

PLD 2021 SC 550

Atif Zareef & others vs The State

Facts:

1. The Complainant was gang raped by the Accused persons.

2. She was travelling to Rawalpindi from Kotli Sattian when she was intercepted by the Accused
persons and was taken off-road.
3. She reported the matter instantly after the offence was committed, and her testimony could not
be shaken by any material part.
 4. During cross-examination, irrelevant suggestions regarding her general immoral character were
made which were strongly denied by her.

Dictum: Prohibition on putting questions to a rape victim in cross-examination, and leading any other
evidence, about her alleged general immoral character for the purpose of impeaching her credibility.

Decision: Appeal was dismissed. The punishment of imprisonment for life against the Accused persons
maintained.

4. Medical Examination of the Victim and DNA Test:

Section 164 A was inserted into CrPC through Section 11 of this Act, which deals with the medical
examination of the victim. The female victim must undergo an emergency medical examination by a
female registered medical professional, with the consent of the victim or natural guardian or legal
guardian, if the offence involves sexual abuse as defined by PPC. A female police officer or a family
member must accompany the female victim to the medical evaluation location. Following the medical
examination, the registered medical officer must draft a detailed report outlining the following details:

1. Particulars and age of the victim

2. DNA profiling material
3. Marks of injury
4. General mental condition of victim
5. Reason for conclusion of the medical opinion
6. Duration of medical examination

This medical report, which is annexed to the final report of the investigation under section 173 CrPC,
must be sent right away to the investigating officer, who will then send it right away to the magistrate.

DNA profiles of the accused and victim must be created, and the material gathered must be delivered to
the forensic lab for analysis. There must be some level of discretion.