Last Change:

05/02/2025

Anti-Rape (Investigation and Trial) Act, 2021

Year: 2021

Type: Domestic law

Rights Category: Health, Liberty & security of person

Description

An Act to ensure expeditious redressal of rape and sexual abuse crimes in respect of women and children through special investigation teams and special Courts providing for efficacious procedures, speedy trial, evidence and matters connected therewith or incidental thereto. 

Selected provisions
Section 3 - Establishment of Special Courts, etc.

(1) The Federal Government, in consultation with the Chief Justice of the High Court concerned, shall establish as many Special Courts throughout the country, as it may deem necessary, to try the scheduled offences.
(2) The Federal Government, in consultation with the Chief Justice of the High Court concerned, shall appoint any person as a Judge of the Special Court, who is or has been a Sessions Judge or Additional Sessions Judge, or has been an advocate of the High Court for a period of not less than ten years, and is not more than sixty-eight years of age at the time of appointment.
(3) In addition to or in lieu of the establishment of Special Courts under sub-section (1), the Federal Government may, in consultation with the Chief Justice of the High Court concerned, designate, throughout the country, as many Courts of Additional Sessions Judges or such other courts as Special Courts, as it may deem fit: Provided that where gender based violence (GBV) courts or juvenile courts or child protection courts have already been designated, they shall be deemed to be the Special Courts under this Act: Provided further that where more than one Special Court is designated or established in one jurisdiction, the concerned Courts of Sessions shall allocate the case.
(4) A Judge of the Special Court shall have the same powers and jurisdiction as are vested in the Court of Sessions under the Code. (5) A Judge of the Special Court shall be appointed for a period of three years on such terms and conditions as may be determined by the Federal Government.
(6) A Judge of a Special Court shall only be removable before the expiry of his tenure if he is found guilty of misconduct.
(7) The disciplinary proceedings against a Judge of a Special Court shall be conducted in the same manner and under the same legal provisions and rules as prescribed for a District and Sessions Judge.
(8) During his tenure, a Judge of a Special Court may be transferred to another Special Court within the same Province, by the Chief Justice of the High Court concerned, for reasons to be recorded in writing.
(9) The trial of scheduled offences shall ordinarily be conducted in the Special Court within whose territorial jurisdiction the offences are committed.

Section 4 - Anti-rape crisis cells.

(1) The secretary, ministry of law and justice, in consultation with the chief secretary of the province or the chief commissioner of the Islamabad Capital Territory (ICT), as the case may be, shall establish or designate as many anti-rape crisis cells throughout the country in relation to offences mentioned in Schedule-II, in such public hospitals with adequate medical facilities, as he may deem fit.
(2) The anti-rape crisis cells shall be headed by the concerned commissioner or deputy commissioner of the area, as deemed fit by the secretary, ministry of law and justice, in consultation with the chief secretary of the province, or the chief commissioner ICT, as the case may be, and shall also comprise the medical superintendent of the public hospital designated under sub-section (1), preferably one independent support adviser, a police officer as deemed fit by the secretary, ministry of law and justice, in consultation with the chief secretary of the province, or the chief commissioner ICT, as the case may be:
Provided that at least one member of the anti-rape crisis cell shall preferably be a woman.

Section 5 - Power, duties and functions etc. of the Anti-Rape Crisis Cell.

(1) As soon as an anti-rape crisis cell receives information from any source, on its own accord or upon application by any person, orally or in writing, of an offence mentioned in Schedule-II, it shall without any delay ensure the following, namely:-
(a) conduct of a medico-legal examination without any delay;
(b) securing, collection and gathering of such evidence as may be expedient;
(c) conduct of a forensic analysis or examination;
(d) registration of an first information report (FIR) by the police; and
(e) performing of any other action as may be necessary.
(2) The actions mentioned in sub-section (1) may be taken without any preferred order, however, all the said actions are required to be taken up expeditiously.
(3) As soon as an officer-in-charge of a police station receives any information with regard to the commission of an offence mentioned in Schedule-II, he shall, without any delay, transmit such information to the anti-rape crisis cell.
(4) The secretary, of the ministry of law and justice, in consultation with chief secretary of the province or the chief commissioner ICT, as the case may be from time to time, upon recommendations of the special committee, issue guidelines for the anti-rape crisis cells to efficaciously carry out their powers, duties and functions.

Section 8 - Victim and witness protection.

(1) In addition to the existing laws, a victim and witness protection system may be established as prescribed in the rules notified by the ministry of law and justice and shall, with a view to carrying out the purposes of this Act and without generality of the aforesaid, include the following, namely:—
(i) special security arrangements for witnesses and victims;
(ii) concealment of identity;
(iii) distance recording of testimonies through video-conferencing, audio-video links and by the use of modern devices;
(iv) re-location of victims and witnesses;
(v) provision of reasonable financial assistance;
(vi) compensation to legal heirs of protected victims and witnesses;
(vii) safe-houses, dar-ul-amans, etc.;
(viii) such other measures as may be necessary and ancillary.
(2) Till such time the rules envisaged in sub-section (1) are prescribed, provincial or ICT witness protection laws as the case may be, shall be applicable to both victims and witnesses under this Act, mutatis mutandis.