Proposed legislation: Ministry endorses rape case disposal within six months

Also welcomes proposal to conduct in-camera trial of the offence

ISLAMABAD:

The law ministry on Saturday endorsed a proposal regarding the disposal of rape cases within six months by a trial court.

The endorsement came in the shape of comments on the Anti-Rape Laws (Criminal Laws Amendment) Bill, 2013. Senator S Sughra Imam of Pakistan Peoples Party had moved the bill in the Senate and sought amendments in the Pakistan Penal Code, 1860, (“PPC,1860”), Criminal Procedure Code, 1898, (“CrPC 1898”) and Qanun-e-Shahadat Order, 1984 (“QSO, 1984”).

The proposed changes were aimed at addressing loopholes in the existing laws – which deal with offence of rape – in order to improve conviction rates and bring the culprits within the ambit of the law.

The bill proposed insertion of new section 344A Cr. P.C, 1898 whereby the court – taking cognisance of offence under section 376 PPC – is required to decide the case within six months, failing which an application may be moved to High Court concerned for appropriate directions for expeditious disposal.

“In principle, there is no cavil to the proposed amendments keeping in view the nature of the offence.  However, there should be a uniform policy for expeditious disposal of cases in all offences rather than making such amendment for one offence and so on,” said the ministry.

Discussing the bills, the ministry opposed the amendment to award death sentence or life imprisonment to a police officer, public servant or staff of a jail or hospital, who take advantage of his official position and commits rape. “This appears to be an unnecessary addition/extension to the offence of rape,” it adds.

It also opposed the new section 218A PPC whereby defective investigation of a case registered under section 376 PPC is suggested to be made an offence. It proposed amendment suggests that if a public servant entrusted with the investigation fails to pursue the case and breaches his duty, he shall be punishment with imprisonment for a term which may extend to three years or with fine or both.

“This proposed amendment needs serious consideration, because making offence for defective investigation of a case registered under 376 PPC will open floodgate for making similar offence for defective investigation of cases registered under other offences or at least serious offences,” it said.

It, however, welcomed the proposed amendment in section 352 Cr PC, 1898 that inquiry into and trial of offence under section 376 PPC (rape case) shall be conducted in camera.

The law ministry also endorsed the introduction of a new section 228A PPC whereby the disclosure of identity of the victim of rape through print or publication has been made an offence punishable with imprisonment for a term which may extend to three years and liable to fine.

Exception to this offence has been created by allowing the printing or publication if same is through proper authorisation or by consent of the victim.

The ministry opposed the introduction of a new section – 53ACr.P.C, 1898 – whereby it has been made lawful for a registered medical practitioner employed in a hospital run by the government or by local authority to make examination of accused charged with offence of committing rape.

“This section aims to legalise the giving of medical report by private medical practitioner. Such permission is prone to misuse in our society and may increase the risk of bogus medical certificate as there will no proper control over the private medical practitioner for issuing bogus medical certificate”, the ministry said.

Regarding the introduction of new section 164A Cr PC , 1898, the ministry suggested that medical examination of a female rape victim must be compulsory upon her making complaint to police – regardless of her consent or otherwise – in order to get evidence as to commission of such offence.

Published in The Express Tribune, November 9^th, 2014.