Ministry of Law and Justice removes Section 354 from Anti-Rape Act

ISLAMABAD: The Ministry of Law and Justice has officially removed Section 354 of the Pakistan Penal Code (PPC) from the schedule of offences under the Anti-Rape (Investigation and Trial) Act, 2021, following recommendations from a special committee.

Section 354 of the PPC pertains to assault or criminal force aimed at ‘outraging the modesty of a woman’ -- an offence traditionally tried in magisterial courts and broadly applied to cases involving women that may not meet the high threshold required for sexual violence prosecutions.

Previously, this section had been classified as a scheduled offence under the Anti-Rape Act, bringing it within the jurisdiction of special courts established to try rape and other serious sexual offences. However, legal experts and officials have noted that including Section 354 within the Act’s purview has led to a disproportionate number of minor assault cases being tried in courts meant for graver crimes.

According to government data, Section 354 accounted for nearly 31 per cent of the caseload in special courts designated under the Anti-Rape Act. Barrister Ali Tahir, speaking to The News, explains that “Removing Section 354 as a scheduled offence is a step in the right direction”, adding: “This will enable the special courts to concentrate their resources and time on prosecuting more serious sexual violence cases.”

Legal experts say that the decision aims to streamline the judicial process under the Anti-Rape framework and ensure that special courts remain focused on offences involving significant harm and trauma, including rape and gang rape, rather than lower-threshold assault cases.