June 18, 2025
By Rehan Piracha
LAHORE
The Ministry of Law and Justice has removed Section 354 from the Anti-Rape (Investigation & Trial) Act, 2021, following recommendations from a Special Committee. The move aims to help investigators and prosecutors focus on more severe sexual offenses.
Previously, Section 354 of the Pakistan Penal Code—which criminalises assault intended to “outrage the modesty of a woman”—was included as a scheduled offence under the Act. However, the ministry stated on June 17 that this provision, typically tried in magisterial courts, often does not meet the threshold of high-intensity sexual violence.
“This offence, traditionally tried by a magisterial court, and applied to all cases of assault where women are involved, often does not constitute a high threshold sexual violence crime and therefore removed from the scheduled offences of Anti-Rape (Investigation & Trial) Act, 2021.” The ministry said the offence of Section 354 constituted almost 31 percent cases in Special Courts constituted to deal with rape cases, diverting resources from investigating and prosecuting more serious sexual offences. “This policy tweak will help in improving the justice system in dealing with cases of rape and sexual violence,” the ministry said in its press statement.
Misapplication of Section 354 in GBV cases
Shabbir Hussain, an associate lawyer at AGHS Legal Aid Cell, noted that police frequently misuse Section 354 due to inadequate training. The provision penalizes assault or criminal force against a woman with intent to “outrage her modesty,” carrying a maximum sentence of two years, a fine, or both.
“For example, if a husband slaps his wife, police often add Section 354 to the FIR simply because it involves assault —without considering whether the act was intended to violate modesty,” Hussain said. He added that the provision is commonly invoked in domestic disputes, inflating case numbers unnecessarily.
Removing Section 354 from the Anti-Rape Act’s scheduled offenses, he argued, will reduce the burden on investigators and special courts, potentially improving the dismal 4% conviction rate for sexual crimes.
Gaps in implementation and low conviction rates
Despite the Anti-Rape Act’s enactment, activists highlight persistent shortcomings, including insufficient resources for Special Sexual Offences Investigation Units (SSOIUs). Conviction rates for gender-based violence remain alarmingly low at 3–4%.
Punjab police data reveals that 1,223 rape cases were registered in the first four months of 2025, with 718 under trial, 255 under investigation, and 243 dismissed due to lack of evidence or withdrawn complaints. Similarly, 382 gangrape cases were filed, but only 226 reached trial.
Punjab police’s poor performance in sexual violence cases
A recent report on Punjab’s SSOIUs—established under the Anti-Rape Act—exposed glaring failures. In 2024, the units investigated 60,217 cases of violence against women and children, yet only 924 suspects were convicted, while 2,388 were acquitted.
Faulty investigations, weak evidence, and procedural delays were cited as key reasons for the low conviction rate. Lahore, despite its resources, saw zero convictions in 10,141 cases, with 65 acquittals. Similar trends plagued Rawalpindi, Multan, and other districts.
National GBV crisis: a call for reform
A March 2025 report by the Sustainable Social Development Organisation (SSDO) underscored Pakistan’s gender-based violence epidemic, with 32,617 GBV cases reported in 2024—including 5,339 rapes and 547 honor killings. Conviction rates were abysmal: 0.5% for rape and honor killings nationally.
Punjab recorded 4,641 rape cases (0.4% convictions), while Sindh and Balochistan saw no convictions in rape or honor-killing cases. Islamabad reported seven rape convictions out of 176 cases.
Syed Kausar Abbas, SSDO’s executive director, urged systemic reforms: “Strengthening investigations, streamlining trials, and ensuring accountability are critical to delivering justice.”
Shahid Jatoi, SSDO’s program director, attributed the low convictions to institutional inefficiencies, societal stigma, and a lack of judicial oversight.
The removal of Section 354 marks a step toward prioritizing serious offenses, but experts stress that broader legal and policing reforms are urgently needed to protect survivors and hold perpetrators accountable.