December 2, 2025
Staff Report
ISLAMABAD
The Senate this week passed a landmark law aimed at codifying the rights of individuals arrested, detained or placed under custodial investigation, marking what legislators described as a ‘new dawn for human rights.’
The Rights of Persons Arrested, Detained or under Custodial Investigation Bill, 2024 was moved by former Senate Chairman Farooq H. Naek of the Pakistan Peoples Party (PPP).
Introducing the bill, Naek said Article 14 of the Constitution declares the dignity of every person inviolable is the basis of this legislation.
“These rights are globally recognised and available to under-trial prisoners throughout the world,” he said, adding that suspects in Pakistan often need to approach courts individually to secure even basic custodial protections like provision of medicines and home cooked food.
The bill lays out a comprehensive list of rights for persons under arrest or custodial investigation. These include the right to be informed in writing of the grounds of arrest; the right to remain silent; access to legal counsel of choice; provision of a state-funded assisting advocate where required; unmonitored meetings with lawyers; and visits from immediate family members. Individuals in custody must also be allowed access to medicine, consultation with a doctor of their choice, meeting with a religious guide, and access to newspapers and home-cooked food.
Notably, the bill also expands the definition of ‘custodial investigation’ to include cases where a person is merely ‘invited’ by police for questioning.
The bill also sets out penalties for officers who block access to legal counsel or family members. Such violations can lead to fines ranging from Rs4,000 to Rs6,000 or imprisonment of up to one year. It further requires officers to inform every suspect of the right to remain silent, and no custodial questioning can take place unless an advocate is present.”
In the statement of objects and reasons, the bill calls itself “an attempt to herald the dawn of the human rights revolution in Pakistan,” aligning domestic custodial guarantees with international standards.
During debate, Naek stressed that suspects are “innocent until proven guilty” and that only convicted persons may lawfully lose certain rights. He noted that the legislation would reduce arbitrary police powers and bring clarity to procedures that frequently lead to abuse. He also emphasised that the bill protects against torture, coercion and cruel treatment, although these protections appear implicitly rather than through a dedicated clause in the text.
Law Minister Azam Nazeer Tarar told the House that while some reservations remained, the government would not oppose the bill at this stage. He suggested that additional amendments may be introduced when the legislation moves to the National Assembly.
The custodial rights bill will now be transmitted to the National Assembly for consideration.
According to the Human Rights Commission of Pakistan (HRCP), custodial torture and deaths remain a serious concern. Between 2017 and 2021, at least 112 deaths in detention centers in Karachi were reported as suspicious and linked to alleged torture or neglect. Human rights observers note that these numbers likely understate the full scale, as many cases go unreported or are misclassified. With over 70% of the country’s prison population under trial rather than convicted, advocates say the absence of codified rights for detainees has historically contributed to abuse and neglect in custody.
The Supreme Court of Pakistan has recently ruled that custodial torture and extrajudicial killings are “neither encouraged nor justified under any circumstances” and violate fundamental constitutional rights.
The Court said that sometimes, torture leads to extrajudicial killings by the Police, presuming de facto impunity and as a means of bringing alleged criminals to justice. To stop this practice, an effective, dedicated, external oversight of the Police force is a need of the hour.