ISLAMABAD: The government of Pakistan enacted important legislation in the Senate on Friday under the chairmanship of Deputy Chairman Senate Senator Syedal Khan Nasir. In the session, the amendment bill of
“Pakistan Penal Code (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1898)”.
“The Criminal Laws (Amendment) Act, 2025”, was presented by Minister of State for Interior Talal Chaudhry on behalf of Interior Minister Mohsin Naqvi in the Senate session for approval, which was approved by a majority vote.
The amendment bill introduces amendments to two clauses and Schedule-II of the Pakistan Penal Code (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1898)”, in which amendments have been introduced in Section 354A and Section 402C.
According to the amendment bill, the words of death penalty in Section 354A and Section 402C have been deleted.
What is Section 354-A?
354-A. “Assault or use of criminal force to woman and stripping her of her clothes. Whoever assaults or uses criminal force to any woman and strips her of her clothes and, in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine”.
Now the words of “death” penalty have been deleted from the section, that is, whoever assaults or uses criminal force to any woman and strips her of her clothes and, in that condition, exposes her to the public view, shall not be given the death penalty and this punishment will be limited to life imprisonment and fine.
What does Section 402C say?
“Section 402C of the Pakistan Penal Code deals with the punishment for harboring individuals involved in hijacking. Specifically, it states that anyone who knowingly harbors a person they know or believe to be involved in hijacking (including those who have committed, attempted, or aided the act) or knowingly allows such individuals to assemble in a place under their control, can be punished with death or imprisonment for life, and may also be fined”.
The provision also deletes the words of death penalty, according to which, for harboring persons involved in hijacking, any person who knowingly harbors any person whom they know or believe to be involved in hijacking (including those who have committed, attempted or aided in such act) or knowingly permits such persons to assemble in a place under their control shall be punished with imprisonment for life and fine instead of death.
It has been clarified in the aims and objectives of the bill that
Under Article 6(2) of ICCPR, the death penalty can only be imposed for the “most serious crimes”. “In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.”
A In an effort to comply with the requirements of GSP+ and Pakistan’s international commitments under ICCPR, three meetings with all stakeholders were held on 7.9.2021, 8.9.2021 and 10.9.2021 to review reduction of the death penalty in order to bring it in line with international law and Islamic jurisprudence. Ministry of Interior and Narcotics Control proposes draft Criminal Laws (Amendment) Bill, 2025 proposing omission of death penalty from Pakistan Penal Code, 1860 with an alternative punishment of life imprisonment in sections 354 A, and 402 C.
The bill was presented in the Senate on June 19, 2025, by Minister of State for Interior Talal Chaudhry, which was then approved by the Senate Standing Committee on Interior after consideration on July 2, 2025. The report of the Standing Committee was presented in the Senate session on Friday and the bill was also approved by a majority vote, which will now be presented to the National Assembly for approval.
Speaking about the amendment bill to abolish the death penalty, Federal Minister for Law and Justice Senator Azam Nazir Tarar said that the death penalty will not reduce the crime rate in the country. It is wrong to think that the death penalty will reduce crimes. The severity of the punishment does not deter crime.
He said that there is no death penalty in the whole of Europe, but the crime rate there is two percent, the prisons have become empty and they have turned the prisons into museums. We have death penalty in 80 to 100 laws and the crime rate has reached the sky. It is important for people to know about the punishments and know that if they do something wrong, they will be punished.
He said that women are exploited in personal fights and fake cases are made because according to this law, there will be death penalty and there will be no bail. We need to know the ground realities.
Senator Samina Mumtaz Zehri opposed the amendment bill and said that there are so many rape cases where the prosecution is weak and no work is being done, because our economic affairs are related to foreign institutions, so we are also reducing our sentences.
Even if the law is relaxed for tearing women’s clothes, women are being killed, raped, and no punishment is being given in rape cases. The prosecution in the courts is weak, where it should work, it is not happening. We should work on prosecution, police reforms should be done, and the judicial system should be improved.
Women still face difficulties and obstacles in our society. We do not allow women to move forward. If women do not wear a dupatta, they are called vulgar. Now if someone tears a woman’s clothes, you have relaxed the law. You should make the law more strict or lenient. We are an Islamic country. This is not right.
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