The Pakistan Penal Code,
1860
[1](XLV
OF 1860)
[6th October, 1860]
[2][376. Punishment for rape. (1) Whoever commits rape shall be punished with death or imprisonment for either description for a term which shall not be less than ten years or more than twenty-five years [3][or for imprisonment for the remainder period of his natural life] and shall also be liable to fine.
[4][(1A) Whoever commits an
offence punishable under subsection (1) or sub-Section (2) or Section 377 or
Section 377-B and in the course of such commission causes any hurt punishable
as an offence under Section 333, Section 335, clauses (iv), (v) and (vi) of
sub-Section (3) of Section 337, Section 337-C, clauses (v) and (vi) of Section
337-F shall be punished with death or imprisonment for life and fine.]
[5][(2) x x x x x x x x]
[6][(3) Whoever commits rape
of a minor or a person with mental or physical disability shall be punished
with death or imprisonment for life and fine.
(4) Whoever being a public
servant including a police officer, medical officer or jailor, taking advantage
of his official position, commits rape shall be punished with death or
imprisonment for life and fine.]
[1]. The
Pakistan Penal Code has been declared in force in--
It
has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent
the Act is applicable in the N.W.F.P., subject to certain modifications; see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also
extended to the Excluded Area of Upper Tanawal other than Phulera by the
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to
be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext.,
dated 1-6-1951.
It
has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941
and 26 of 1950.
It
has also been extended to the Leased Areas of Baluchistan by the Leased Areas
(Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of
Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.
It
has also been extended by notification under Article 7(1)(a) of the N.W.F.P.
(Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of
1952), to the added area described in the First Schedule to that Order, w.e.f.
7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of
1963), S. 2 (w.e.f. the 18th April, 1963).
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of
1964), S. 2 (w.e.f. 27-4-1964).
[2]. Inserted
by the Protection of Women (Criminal Law Amendment) Act, VI of 2006.
[3]. Inserted
by Criminal Law (Amendment) Act, LVI of 2021, dated 4.12.2021.
[4]. Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of
2016), dated 22.10.2016.
[5]. Omitted
by Criminal Law (Amendment) Act, LVI of 2021, dated 4.12.2021.
[6]. Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of
2016), dated 22.10.2016.