The law ministry has proposed making “female stalking” an offence by insertion of Section 354B in Pakistan Penal Code with quantum and fine.
The law ministry led by Dr Farogh Naseem has placed the Criminal Law Reforms draft in the federal cabinet.
In Section 354B, it is stated that the term “stalk” or “Female stalking” means any man who follows a woman and contacts or attempts to contact such a woman to foster personal interaction repeatedly despite clear indication or disinterest by such a woman or “monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking”.
Criminal Law
Giving the procedure of female stalking complaint, it is proposed that if a woman complains to the officer in charge of a police station that she is being stalked by a man, the officer shall issue a notice to the man and upon finding his explanation to be unsatisfactory, through a written order, shall issue a caution to the man warning him to stay away from the complainant on such terms and conditions as deemed fit.
However, if the man violates the order of caution, he shall be guilty of an offence punishable with imprisonment up to 3 months and fine for an amount of PKR 100,000.
Proposed PPC Section
It is stated that the man continues to stalk despite the warning, the offence shall be punishable for a term of one year and for an amount of PKR 500,000.
The proposed section also clarified that conduct shall not amount to stalking if the man who is pursuing the woman for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by state.
Likewise, it was pursued under any law or to comply with any condition or requirement imposed by any person under any law, the proposed section says.
Likewise, the law ministry has also suggested a new Section 498D in PPC whereby husband or relative of husband shall be liable for an offence for causing cruelty to wife.
The proposed section stated that husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman subjects such woman to cruelty shall be punished with imprisonment for term which may extend to three years and shall also be liable to fine.
The proposed section defining “cruelty” said that any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman.
“Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand,” the proposed section says.
Similarly, an amendment in 489F of PPC for the offence of cheque dishonoured is also proposed.
It is suggested that offence under this section can only establish after following the criteria.
Firstly, payee or the holder of the cheque as the case may be makes a demand for the payment of the said amount by giving a written notice to the drawer and if he fails to pay the amount to the payee within 10 days.
The proposed section says that the quantum of sentence shall be vary in keeping with monetary value of the bounced cheque, conduct of parties and facts and circumstances of the case.
