Rape

375. Rape

A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions,

(i) against her will.

(ii) without her consent

(iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt,

(iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or

(v) With or without her consent when she is under sixteen years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

376. Punishment for rape

(1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten rears or more, than twenty-five years and shall also be liable to fine.

(2) When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.”.

[Sections 375 and 376 were ommitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979). They were reinserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 5.]

367-A. Kidnapping or abducting in order to subject person to unnatural lust:

Whoever kidnaps, or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine.

[Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 3]

Source: Pakistan Penal Code (Act XLV of 1860) at pakistani.org

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