ISLAMABAD – The Senate on Monday approved a bill to control and prevent torture and custodial death
“The Torture and Custodial Death (Prevention and Punishment) Bill 2021” was tabled by Pakistan Peoples Party (PPP) Senator Sherry Rehman.
The bill states that any public servant involved in torture would face up to 10 year imprisonment and fine up to Rs2 million.
“Whoever commits, or abets or conspires to commit torture shall be punished with imprisonment for a term, not less than three years, which may extend to ten years and with fine, which may extend to two million Rupees,” said the notification.
“Any public servant, or any other person who has a duty to prevent, and either intentionally or negligently fails to prevent the commission of torture shall be punished with imprisonment for a term, not less than three years which may extend to five years and with fine, which may extend to one million Rupees,” it adds.
The bill further said that any public servant, or any other person acting under the acquiescence of a public servant, will be handed up to one three year jail along with fine if he attempts to torture any person, or incites or instigates or otherwise participates in the torture of any person.
“Whoever commits, or abets or conspires to commit the offence of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to three million Rupees,” it adds.
Any public servant either intentionally or negligently fails to prevent the commission of the offence of custodial death or custodial sexual violence shall be punished with “imprisonment for a term not less than seven years, which may extend to ten years and with fine, which may extend to one million Rupees,” it further states.
The fine, if recovered, shall be paid to the legal heirs of the victim or to the victim as the case may be. In case fine is not recovered, additional imprisonment shall be awarded which may extend to five years, the bill said.
Talking about detention, it adds: “No person shall be detained in order to extract information regarding the whereabouts of a person accused of any offence or to extract evidence from such person”.
No female shall be taken or held in custody by a male, only a female public servant can lawfully take a female into custody, it said.
It further said that every offence is punishable under this Act shall be non-compoundable and non-bailable within the meaning of the Code of Criminal Procedure, 1898.
