Pakistan passes bill to prevent Torture and Custodial Death

Parliament of Pakistan has passed a bill to criminalise torture and prevent custodial killings by police or other government officials on July 12, 2021.

Highlights

  • This bill was adopted by Senate which is the upper house of bicameral parliament.
  • It was moved by Pakistan Peoples’ Party Senator Sherry Rehman and was supported by Minister for Human Rights Shireen Mazari.

Torture & Custodial Death (Prevention & Punishment) Bill, 2021

  • As per this bill, public servant involved in torture will face up to 10 years imprisonment and a fine of up to Rs. 2 million.
  • If a public servant, charged with duty of preventing torture, either intentionally or negligently fails to prevent it, he or she will be imprisoned up to five and will be imposed a fine of up to Rs. 1 million.
  • Whoever commits, abets or conspires to commit offence of custodial death or custodial sexual violence, will be punished with imprisonment for life and a fine of up to Rs. 3 million.
  • If a public servant, charged with the duty of preventing custodial death and custodial sexual violence, intentionally or negligently fails to do so, he or she will be imprisoned for seven years with a fine of up to Rs. 1 million.
  • No one would be taken into custody to “extract information regarding whereabouts of a person accused of any offence or to extract evidence.
  • Women would be taken into custody by a female official.

Provision with respect to fine

As per bill, fine will be paid to victim or their legal heirs. If fine is not paid, public servant will face additional imprisonment of up to three years & five years

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