National Laws

National laws dealing with human rights applicable in Sindh province

Criminal Laws 

Pakistan Penal Code, 1860

The Pakistan Penal Code (PPC), 1860 is the comprehensive criminal code that outlines the various offenses and their punishments under the criminal justice system in Pakistan. It is the principal legal framework governing criminal law in the country. The code was adopted from the Indian Penal Code of 1860, introduced during British colonial rule, and has been adapted and regularly updated to suit the needs of Pakistan’s legal system.

 

The Pakistan Penal Code addresses a wide range of offenses and crimes, covering both traditional and modern crimes. It outlines the definitions of different offenses, their punishments, and any exceptions or mitigating circumstances that might apply. Here are some key areas that the code deals with:

 

Category

Types of Offenses and Crimes

Offenses Against the Human Body

– Homicide: Murder, culpable homicide, manslaughter

 

– Hurt: Infliction of harm on individuals

Offenses Against Property

– Theft: Unlawful taking of property

 

– Robbery: Theft using force or threat

 

– Dacoity: Group robbery

Offenses Against Public Tranquility

– Rioting: Violent and disorderly behavior

 

– Unlawful assembly: Unlawful gathering with a common intention

Offenses Against Decency and Morality

– Rape and sexual offenses

 

– Kidnapping and abduction

Offenses Against Religion

– Blasphemy: Disrespect towards religious beliefs

 

– Promoting enmity between groups

Offenses Against the State

– Sedition: Incitement to rebel against the state

 

– Waging war against the state

Offenses Related to Property/Contracts

– Cheating and fraud

 

– Criminal breach of trust

Offenses Against Public Health

– Counterfeit drugs and adulterated food

Offenses Related to Coinage/Currency

– Counterfeiting currency

Offenses Against Government Officials

– Assaulting or obstructing public servants

Offenses Against the Environment

– Environmental crimes

You can read/download the PPC, 1860 here. 

Prisons Act, 1894

The Prisons Act, 1894 governs the establishment, management, and treatment of prisoners within the country’s prison system. Enacted during British colonial rule, this act has served as a foundational legal framework for the operation of prisons in Pakistan. The act provides a comprehensive set of rules and regulations that cover various aspects of prison management, ranging from the classification and establishment of prisons to the rights and treatment of prisoners.

Under the Prisons Act, 1894 the establishment and classification of different types of prisons are outlined, defining the standards and conditions under which they should operate. The Act also establishes the administrative hierarchy within the prison system, designating roles and responsibilities for various prison officials and staff members. Moreover, the act emphasizes the importance of ensuring humane treatment and welfare of prisoners, including provisions for their accommodation, medical care, nutrition, and clothing.

Furthermore, the Prisons Act addresses the disciplinary aspects of prison management, detailing procedures for punishment, rehabilitation, and parole. It outlines mechanisms for the inspection and oversight of prisons, aimed at ensuring compliance with the law and the safeguarding of prisoners’ rights.

To read Prisons Act, 1894 click here

Code of Criminal Procedure, 1898

The Code of Criminal Procedure, 1898 is a procedural law that outlines the legal procedures to be followed in the investigation, trial, and adjudication of criminal cases. The CrPC sets forth the rules and regulations that govern the actions of law enforcement agencies, courts, prosecutors, and other stakeholders involved in the criminal justice system. It covers matters such as the arrest of suspects, bail, investigation, filing of charges, trial procedures, evidence presentation, appeals, and post-conviction matters.

The CrPC is an essential component of Pakistan’s legal system, ensuring that criminal cases are handled fairly, transparently, and in accordance with due process. It works in conjunction with substantive criminal laws, like the Pakistan Penal Code, to ensure that individuals accused of crimes are afforded their rights and that criminal proceedings are conducted justly.

Click here to read/download CrPC, 1898

Special Laws

The Investigation for Fair Trial Act, 2013

The Investigation for Fair Trial Act, 2013 is an important piece of legislation in Pakistan that was enacted to ensure fair and impartial investigations in criminal cases.

The Act was enacted for investigation and collection of evidence by means of modern techniques and devices to prevent and effectively deal with scheduled offences and to regulate the power of law enforcement and intelligence agencies. This Act provides the form, consideration and authorization of warrant and manner of issuance of warrant. This Act also prescribes procedure for the execution of warrant.

To read The Investigation for Fair Trial Act, 2013, click here

Prevention of Electronic Crimes Act, 2016

The Prevention of Electronic Crimes Act, 2016 is a law that aims to prevent and punish electronic crimes in Pakistan. The Act sets out the rules and procedures for the prevention and redress of electronic crimes, and penalties of such crimes.

Under the Prevention of Electronic Crimes Act, 2016, electronic crimes are defined as criminal offenses, and are punishable by imprisonment and fines. The Act provides for the regulation of electronic transactions and digital information, and requires service providers and users to comply with certain standards and procedures to ensure the security and confidentiality of digital information. It also provides for the protection of the privacy and confidentiality of digital information.

To read/download PECA 2016, click here

Prevention of Trafficking in Persons Act, 2018

The Prevention of Trafficking in Persons Act, 2018 is an important piece of legislation in Pakistan that was enacted to prevent and combat the trafficking of persons in the country.

The act provides for the prevention of trafficking in persons, including through measures such as awareness-raising, training, and capacity-building of law enforcement agencies. The act provides for the punishment of those who engage in trafficking in persons, including traffickers, recruiters, transporters, and others. The punishment can include imprisonment and fines.

To read Prevention of Trafficking in Persons Act, 2018, click here

Zainab Alert, Response and Recovery Act, 2020

The Zainab Alert, Response and Recovery Act, 2020 is a legislation that aims to protect children from abduction, abuse, and exploitation in Pakistan. 

The main objective of the Act is to establish a system for the rapid response and recovery of missing and abducted children, and to provide for the protection and rehabilitation of such children. The Act is named after Zainab Ansari, a seven-year-old girl who was abducted, raped, and murdered in Kasur, Pakistan in 2018.

Under the Zainab Alert, Response and Recovery Act, 2020, a Zainab Alert, Response and Recovery Agency (ZARRA) will be established to oversee the implementation of the Act. The Act requires law enforcement agencies to immediately respond to reports of missing and abducted children, and to initiate investigations and search operations and coordinate it with ZARRA.

To read the full act, click here.

Juvenile Justice System Act, 2018

Enacted on May 18, 2018, the Juvenile Justice System Act (JJSA) 2018 of Pakistan represents a significant evolution in the treatment of juvenile offenders, addressing the limitations found in the previous Juvenile Justice System Ordinance 2000. The objective of this Act is to modify the laws relating to criminal justice system for juveniles by providing special focus on disposal of cases through diversion and social reintegration of the juvenile offenders. In line with the United Nations Convention on the Rights of the Child (UNCRC), the JJSA 2018 defines a child as an individual below the age of eighteen.

This legislation categorizes criminal offenses into three distinct classes: Minor, Major, and Heinous. This law  grants juveniles bail options for minor and major offenses, highlighting the significance of diversionary measures and rehabilitation over punitive measures. Notable among its new provisions, the JJSA 2018 guarantees the right to legal assistance for juvenile offenders, with expenses covered by the State. The Act mandates the establishment of Observation Homes separate from police stations for temporary custody, as well as Juvenile Rehabilitation Centers designed exclusively for young offenders, promoting education, vocational training, and development. Notably, the Act introduces a mechanism for determining the age of alleged offenders based on official documents or medical examination reports. Emphasizing diversion, a process that considers a juvenile’s background, the act establishes a Juvenile Justice Committee to handle cases through alternatives to formal judicial proceedings. Moreover, it addresses the identity protection of juvenile offenders, especially female juveniles, and removes disqualifications attached to convictions under this law. 

To read The Juvenile Justice System Act, 2018, click here

Transgender Persons (Protection of Rights) Act, 2018

The Transgender Persons (Protection of Rights) Act, 2018 is a law that aims to protect the rights of transgender persons in Pakistan and to recognize the rights of transgender persons as equal citizens under the law, and to provide for their protection and empowerment. The Act sets out the rules and procedures for the protection of the rights of transgender persons, and provides for the establishment of a National Council for Transgender Persons to oversee the implementation of the Act.

Under the Transgender Persons (Protection of Rights) Act, 2018, transgender persons are defined as individuals whose gender identity does not conform to the sex assigned to them at birth. The Act prohibits discrimination against transgender persons in employment, education, healthcare, and other areas of public life. The Act also provides for the right of transgender persons to have their gender identity recognized and to change their gender on official documents.

The Act prohibits to treat them with discrimination and provide them with equal rights to access to healthcare, education, and employment opportunities.

The Transgender Persons (Protection of Rights) Act, 2018 also provides the establishment of penalties for offenses related to violence and discrimination against transgender persons, and provides for the investigation and prosecution of such offenses.

To read The Transgender Persons (Protection of Rights) Act, 2018, click here. 

Torture and Custodial Death (Prevention and Punishment) Act 2022

Torture and Custodial Death (Prevention and Punishment) Act 2022 aims to provide a legal framework to prevent and punish acts of torture, custodial deaths and custodial rape against persons held in custody by public officials in Pakistan, and prove redress to the victims of such acts. It defines torture as an act by which severe pain or suffering is intentionally inflicted on a person to obtain information, as punishment or intimidation.

The Act cover subjects ranging from offences and their punishment to investigation, trial and departmental proceedings against public officials accused of torture.

To read Torture and Custodial Death (Prevention and Punishment) Act 2022, click here

Lawyers Welfare and Protection Act, 2023

Lawyers Welfare and Protection Act, 2023,  is enacted to provide welfare and protection of advocates. The Act defines in detail the categories which fall within the four corners of ‘act of violence’ against an advocate.

The offence of committing an act of violence against an advocate is punishable for a term of three years or a fine which may extend to One Lakh Rupees or both. If a person gets convicted under Lawyers Welfare and Protection Act, 2023 for the second time for a subsequent offence he may get imprisonment for a term of five years and a fine of Two Lakhs Rupees. The act of violence against a lawyer is non bailable. Special Courts are to be established under this Act for trying offences.

To read Lawyers Welfare and Protection Act, 2023, click here

 

Authorities/Commissions

The National Database and Registration Authority Ordinance, 2000

The NADRA Act, 2000, established NADRA as an independent authority responsible for creating and maintaining a national database of Pakistani citizens’ personal information. Under this law, NADRA is empowered to manage and maintain this database, issuing National Identity Cards (NICs) that include unique identification numbers and biometric information. The ordinance also prioritized data security and privacy, allowing authorized access to government agencies and organizations for legitimate purposes. Over time, amendments have further refined the ordinance to keep pace with technological advancements and changing requirements, enhancing the accuracy and efficiency of citizen identification processes. The Ordinance also aims to provide a secure and reliable means of identification to citizens, which can be used for various purposes, such as voting, access to government services, and financial transactions. 

To read the full National Database and Registration Authority (NADRA) Ordinance, 2000, click here.

Click here to learn more about work of NADRA

The National Disaster Management Act, 2010

The National Disaster Management Act, 2010 is a law that aims to provide a legal framework for disaster management in Pakistan. 

The main objective of the Act is to provide for the prevention, mitigation, and management of disasters in Pakistan, and to ensure a coordinated and effective response to disasters at all levels. The Act sets out the rules and procedures for the management of disasters, and provides for the establishment of a National Disaster Management Commission to oversee disaster management activities in the country.

Under the National Disaster Management Act, 2010, the responsibilities for disaster management are divided between the federal, provincial, and district level authorities. The Act requires all relevant authorities to develop disaster management plans, and to undertake risk assessments to identify potential hazards and vulnerabilities.

The National Disaster Management Act, 2010 also provides for the establishment of a National Disaster Management Fund to provide financial support for disaster management activities, and to support the rehabilitation and recovery of communities affected by disasters. The Act also provides for the establishment of a National Disaster Management Information System to facilitate the collection, analysis, and dissemination of information related to disasters.

The Act also provides for the establishment of a National Disaster Management Authority (NDMA) to coordinate and oversee disaster management activities at the national level. It is the executive arm of the National Disaster Management Commission (NDMC). In the event of a disaster, all stakeholders including Government Ministries/Departments/Organizations, Armed Forces, INGOs, NGOs, UN Agencies work through and form part of the NDMA to conduct one window operations.  NDMA manages the whole Disaster Management Cycle (DMC) which includes Preparedness, Mitigation, Risk Reduction, Relief and Rehabilitation. A National Disaster Management Plan (NDMP) is prepared and is followed towards provision of better services to the affected ones.

To read the full Act, click here.

Click here to learn more about NDMA

Protection against Harassment of Women at the Workplace Act, 2010

The Protection against Harassment of Women at the Workplace Act, 2010 is a legislation enacted in Pakistan to address and prevent harassment of women in professional and work-related environments. The law is aimed at creating a safe and conducive working environment for women, free from any form of harassment, whether it’s physical, verbal, psychological, or any other unwanted behavior that creates an uncomfortable or hostile atmosphere. The Act defines harassment broadly and includes measures to prevent, inquire into, and provide remedies for such incidents. It mandates that every organization with ten or more employees must establish an internal committee to address harassment complaints, ensuring a mechanism for victims to report incidents without fear of retribution. The Act also outlines penalties for those found guilty of harassment, which may include disciplinary action, fines, or even imprisonment, depending on the severity of the offense.

Under the Act, an Ombudsperson will be appointed to oversee the implementation of the Act and to handle cases of harassment in the workplace. The Ombudsperson is a crucial figure responsible for ensuring that the provisions of the law are upheld and that victims of harassment have a fair and effective avenue for seeking justice. The Ombudsperson’s role includes: receiving complaints, investigation, resolution, protection of complainants, penalties and awareness and training.

To read Protection against Harassment of Women at Workplace Act, 2010, click here

To read the Protection against Harassment of Women at Workplace (Amendment) Act, 2022, click here.

To learn more about Federal Ombudsman Secretariat for Protection Against Harassment (FOSPAH) work, click here.

National Commission for Human Rights Act, 2012

The National Commission for Human Rights Act, 2012, is a law that established the National Commission for Human Rights (NCHR) in Pakistan. The NCHR is an independent statutory body that promotes and protects human rights in the country.

The main objective of the Act is to provide a legal framework for the promotion and protection of human rights in Pakistan, and to establish the NCHR as an independent body to monitor and investigate human rights violations in the country. The Act sets out the mandate, functions, and powers of the NCHR, and provides for the establishment of provincial and district human rights committees.

Under the Act, the NCHR is responsible for promoting and protecting human rights in Pakistan, and for monitoring and investigating human rights violations. The NCHR is also responsible for recommending measures for the prevention and redress of human rights violations.

To read the National Commission for Human Rights (NCHR) Act, 2012, click here.

Click here to learn more about NCHR work.

National Commission on the Status of Women Act, 2012

The National Commission on the Status of Women Act, 2012, is an important legislation in Pakistan dedicated to advancing women’s rights and gender equality. This act establishes the National Commission on the Status of Women (NCSW) as a body responsible for advocating for women’s empowerment and addressing gender-related issues comprehensively. The NCSW is composed of a chairperson and members with expertise in various relevant fields, appointed by the federal government.

Under the Act, the NCSW undertakes a multifaceted role, including monitoring policies, programs, and legislation affecting women’s status, conducting research, and advocating for policy changes. It submits annual and special reports to the government, outlining the state of women’s rights and providing recommendations for improvement. The commission collaborates with governmental bodies, civil society organizations, and stakeholders to create a concerted effort towards gender equality. It also provides legal assistance to women facing discrimination and violence, while also conducting awareness campaigns, seminars, and training programs to raise public consciousness about gender issues.

To read the National Commission on the Status of Women Act, 2012 click here

Click here to learn more about NCSW work in Pakistan.

 

National Commission on the Rights of Child, 2017

The National Commission on the Rights of Child Act, 2017, outlines the NCRC’s mandate, powers, and functions. The NCRC is responsible for promoting and protecting the rights of children in Pakistan, including their rights to education, health, protection from abuse, exploitation, and neglect, and participation in decision-making processes that affect their lives.

The NCRC has the power to investigate complaints of child rights violations and issue recommendations to the government for remedial action. It can also investigate child rights violations. 

Furthermore, the National Commission on the Rights of Child Act, 2017, mandates the NCRC to monitor the implementation of national and international child rights treaties and conventions to which Pakistan is a signatory. The NCRC is responsible for making recommendations to the government to bring its laws and policies in line with international child rights standards.

To read the National Commission on the Rights of Child Act, 2017, click here

Click here to learn more about National Commission on the Rights of Child (NCRC) work

Legal Aid and Justice Authority Act, 2020

The Legal Aid & Justice Authority Act, 2020, is a piece of legislation that established the Legal Aid & Justice Authority (LAJA) in Pakistan. The LAJA is an independent statutory body that provides legal aid and assistance to marginalized and vulnerable communities in the country.

The Legal Aid & Justice Authority Act, 2020, outlines the LAJA’s mandate, powers, and functions. The LAJA is responsible for providing legal aid and assistance to individuals and groups who cannot afford legal representation. It is mandated to provide legal aid and assistance in civil, criminal, and family law cases.

It can engage with civil society organizations and other stakeholders to promote legal awareness and education among marginalized and vulnerable communities. Furthermore, the Legal Aid & Justice Authority Act, 2020, mandates the LAJA to monitor the implementation of legal aid and assistance programs and make recommendations to the government to improve access to justice for marginalized and vulnerable communities. 

To read Legal Aid & Justice Authority Act 2020, click here