Police Report: Please go to the local Police Station and have a complaint filed, preferably within a couple of hours of the offence (the delay in lodging the FIR could be fatal to the case). The survivor, if they are able to, must accompany the complainant (who can be a blood relative or the survivor themselves) for lodging of the FIR before the local Police Station.
After the FIR has been lodged, the police has the legal obligation of issuing the letter for Medical Examination of the survivor. However, if the police does not issue such letter on their own, then the survivor or complainant, without any delay, must insist on the issuance of such letter. Upon the issuance of letter, the survivor must accompany a police official to visit any of the hospitals listed below for their Medical Examination as soon as possible.
The survivor should preferably ensure that they do not shower, bath, change or wash clothes and should not urinate or pass stool as either of these actions can result in the loss of the DNA evidence. Additionally, the survivor must carry a change of clothes with them while visiting the hospital for their examination.
- Authorized hospitals for Medico Legal examination in Karachi are:
- Jinnah Post Graduate Medical Center (JPMC),
- Civil Hospital, and
- Abbasi Shaheed Hospital.
- Authorized hospitals for Medico Legal examination in Hyderabad are:
- Civil Hospital and Bhitai Hospital are authorized for performing M.L.O examination
DNA Test: The Police is required to ensure that the survivor is tested for the offender’s DNA. This is must be stressed by those acompanying the survivor.
Statement under Section 161 & 164 of Criminal Procedure Code, 1898: After the registration of the FIR, the police is obligated to record a statement of 161. If the police does not do so, the survivor must insist that her statement under Section 161 of Criminal Procedure Code, 1898 should be recorded after the lodging of FIR. The statement under 161 must contain all details relevant to the incident of the offence and the survivor should insist that the same must be read to her before placing their signature on the statement. If the police states anything different from the version of the survivor then the survivor should strictly refuse to sign the statement. They should also immediately contact the lawyer or file a complaint to the senior officer of the relevant local Police Station.
After the Statement is recorded under 161, the survivor should ensure and insist that her statement under Section 164 of Criminal Procedure Code, 1898 should be recorded by the female magistrate at the earliest possible time. The survivor must ensure to include all the relevant details regarding the incident of the offence.
What You Are Owed
The Honourable Supreme Court of Pakistan and the Honourable High Court of Sindh were pleased to issue directions for the compliance with the procedure laid down by the Apex Court in the matter of rape proceedings, in order to facilitate the victim and to ensure justice. Mandatory compliances include a requirement for Police Stations to maintain a list of able organizations which can provide legal aid to the victim, as well as, the collection and preservation of DNA evidence in such cases. The Honourable High Court of Sindh has issued a landmark judgement through which certain compliances are owed to any survivor of rape and/or sexual assault. Please see below.
List of Compliances that need to be ensured in pursuance of Sindh High Court Order dated 30.01.19 in CP D-5920 of 2015
The Sindh High Court was pleased to dispose the aforementioned petition regarding the enforcement of the Supreme Court of Pakistan Judgement reported as PLJ 2013 SC 107 and pending applications. Its order issued the following directions:
- Guidelines of the Honourable Supreme Court of Pakistan laid down in Para 16 of its Judgment reported as PLJ 2013 SC 107
- Every Police Station that receives rape complaints should involve reputable civil society organizations for the purpose of legal aid and counselling. A list of such organizations may be provided by bodies such as the National Commission on the Status of Women.Each Police Station to maintain a register of such organization.
- On receipt of information regarding the commission of rape, the Investigating Officer (IO)/ Station House Officer (SHO) should inform such organizations at the earliest.
- Administration of DNA tests and preservation of DNA evidence should be made mandatory in rape cases.
- As soon as the victim is composed, her statement should be recorded under Section 164, Code of Criminal Procedure, 1898, by a female magistrate.
- Trials for rape should be conducted in camera and after regular Court hours. During a rape trial, screens or other arrangements should be made so that the victims and vulnerable witnesses do not have to face the accused persons.
- Evidence of rape victims should be recorded, in appropriate cases, through video conferencing so that the victims, particularly juvenile victims, do not need to be present in Court.
- Copies of the Sindh High Court Order dated 30.01.19 in CP D-5920 of 2015 have been transmitted immediately to :
- Hon’ble Administrative Judge and Hon’ble Monitoring Judge of the Anti-Terrorism Courts for Karachi Division and for Sindh respectively.
- Home Secretary, Govt. Of Sindh
- Advocate General, Sindh
- Prosecutor General, Sindh
- Inspector General, Sindh Police
- Registrar MIT-II
- Registrar Sindh High Court
- The I.G Sindh Police and Prosecutor General of Sindh to ensure compliance with the DNA test requirement of the aforementioned SC judgement.
Laws that Empower and Protect
- Anti-Rape (Investigation and Trial) Act 2021
- Pakistan Penal Code,1860, Provisions on Violence & Acid Attack
- Pakistan Penal Code, 1860, Section 367A Kidnapping or abducting in order to subject person to unnatural lust
- Pakistan Penal Code, 1860, Section 376: Punishment for Rape
- Pakistan Penal Code, 1860, Section 375: Rape
- Protection of Women (Criminal Laws Amendment) Act, 2006
- Domestic violence (prevention and protection) Act, 2013
- The Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) (Act XLIII of 2016)
- The Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (Act XLIV of 2016)
- Criminal Law (Second Amendment) Act, 2011
- Honourable Supreme Court of Pakistan Judgment reported as PLJ 2013 SC 107
- Punjab Protection of Women Against Violence Act, 2016 [See relevant comments here and here]
- The Punjab Women Protection Authority Act, 2017
|http://www.depilexsmileagain.com/||Counseling, Medical Aid, Rehabilitation, and Reintegration for Acid Victims|
|https://www.af.org.pk/||Legal Aid and Counseling|
|https://digitalrightsfoundation.pk/||Anti-Harassment (Helpline: 0800-39393)|
|http://www.madadgaar.org/default.html||Domestic Violence (Helpline:021-111-911-922, 1098, 021-35685824), Legal Aid|
|https://www.las.org.pk/||Legal Aid (Helpline: 0800-70806)|
|http://www.war.org.pk/||Counseling and Legal|
The Legal Aid Foundation has been pleased to sign a memorandum of understanding with War Against Rape. The said memo, along with a list of cases, can be view on the following link: