Last Change:

04/23/2025

Torture and Custodial Death (Prevention and Punishment) Act, 2022

Year: 2022

Type: Domestic law

Rights Category: Liberty & security of person

Description

An Act to provide protection to a person during custody from all acts of torture perpetrated by public officials. 

Selected provisions
Section 2 - Definitions.

(1) In this Act, unless there is anything repugnant in the subject or context,
(g) “cruel” or “inhuman” or “degrading treatment” means and includes any deliberate or aggravated treatment inflicted by a public official or a person acting on his behalf against a person under their custody, causing suffering, gross humiliation or degradation of the person in custody;
(h) “custodial death” means the death of a person while in custody, directly or indirectly caused by and attributable to acts of torture committed upon the deceased while in custody;
Explanation-I. Custodial death includes death occurring in police, private or medical premises, in a public place or in a police or other vehicle or in jail. It includes death occurring while a person is being arrested or taken into detention or being questioned; and
Explanation-II. Custodial death also includes all cases where the death of a person after his release from custody is directly caused by and may be substantially attributed to acts committed upon the deceased while in custody;
(n) “torture” means an act committed by which severe physical pain or physical suffering, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions; and

Section 8 - Punishment for torture.

Any public official who commits or abets or conspires to commit torture shall be punished with the same punishment as prescribed for the type of harm provided in Chapter XVI of the Pakistan Penal Code.
Explanation. — The offence under this section shall be cognizable, non-compoundable and non-bailable within the meaning of the Code.

Section 9 - Punishment for custodial death.

Whoever commits or abets or conspires to commit the offence of custodial death, shall be punished with the same punishment as prescribed in section 302 of the Pakistan Penal Code.
Explanation. — The offence under this section shall be cognizable, compoundable and nonbailable within the meaning of the Code.