THE ANTI-RAPE (INVESTIGATION AND TRIAL) ACT, 2021

CONTENTS

1. Short title, extent, and commencement.

2. Definitions.

3. Establishment of Special Courts, etc.

4. Anti-rape crisis cells.

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

6. Legal assistance.

7. Prosecutor general and special prosecutors.

8. Victim and witness protection.

9. Investigation in respect of scheduled offences.

10. Independent support advisers.

11. Independent support advisers.

12. In-camera trial.

13. Evidence and guidelines.

14. Statement under section 164 of the Code.

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15. Special Committee.

16. Trial.

17. Compensation to the victim.

18. Appeal.

19. Rules.

20. Fund.

21. Preventive action by police.

22. False Investigation or complaint.

23. Jurisdiction and transfer of eases, etc.

24. Register of sex offenders.

25. Public reporting mechanism.

26. Non-disclosure of identity of victims, etc.

27. Act not to derogate from other law.

28. Overriding effect.

29. Application of Code.

30. Amendment in the Schedule.

31. Removal of difficulties.

SCHEDULES

1. SCHEDULE-I

2. SCHEDULE-II

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 THE ANTI-RAPE (INVESTIGATION AND TRIAL) ACT, 2021

ACT NO XXX OF 2021

[1st December, 2021]

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;

It is hereby enacted as follows:—

1. Short title, extent, and commencement.— (1) This Act may be called the Anti-Rape
(Investigation and Trial) Act, 2021.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on such date as the Federal Government may appoint.

2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or
context,—

(a) “anti-rape crisis cell” is a cell appointed under section 4 of this Act;

(b) “child” means any male or female, who has not attained the age of eighteen years;

(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

(d) “Government” means the Federal Government;

(e) “independent support adviser” means a person appointed, enlisted or recognized

as such under section 11 of this Act;

(f) “Schedule” means a Schedule annexed to this Act; and

(g) “scheduled offences” means offences as set out in the Schedules against a
“victim” or a “child” as defined in this Act;

(h) “sex offender” means and includes any person convicted under sections 292A,
292B, 292C, 371A, 371B, 375, 375A, 376, 377, 377A, 377B of the Pakistan Penal
Code, 1860 (XLV of 1860) or sections 21 and 22 of the Prevention of Electronic
Crimes Act, 2016 (Act XL of 2016);

(i) “special committee” means the Committee set up under section 15 of this Act;
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 (j) “Special Court” means the Court established under section 3 of this Act;

(k) “victim” means a woman or child who has been subjected to scheduled offences;

Explanation.— It is clarified that where the Scheduled offences are committed against
persons who do not qualify to be categorized as “victim” or “child” as defined under this Act, the
offences shall be tried through procedure, rules of evidence and courts, functioning prior to this
Act coming into effect.

(2) All other terms and expressions used but not defined in this Act shall have the same
meanings as are assigned thereto them in the Pakistan Penal Code, 1860 (Act XLV of 1860) or in
the Code of Criminal Procedure, 1898 (Act V of 1898), or the Qanoon-e-Shahadat Order, 1980
(P.O. No. 10 of 1984).

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.

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 (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.

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 subsection (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.

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.

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 (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.

6. Legal assistance.— (1) The legal aid and justice authority established under the Legal
Aid and Justice Authority Act, 2020 (Act XVI of 2020) shall provide legal assistance to victim
of scheduled offences. In addition, the Fund established under this Act shall also be utilized for
legal assistance under this Act.

(2) In addition to the legal assistance under sub-section (1), the special committee shall in
consultation with the ministry of human rights, approve panels of advocates and volunteers in
each district or, if necessary, in any tehsil, for the provision of legal, financial or other assistance
either on pro bona or on fee basis, for which the Fund under this Act and under the Legal Aid
and Justice Authority Act, 2020 (Act XVI of 2020) shall be utilized.

7. Prosecutor general and special prosecutors.— (1) The ministry of law and justice
may designate or appoint a prosecutor general and special prosecutors in a manner as may he
prescribed by rules notified by the ministry of law and justice.

(2) The prosecutor general and special prosecutors shall prosecute the scheduled
offences.

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 modem 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.;

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 (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.

9. Investigation in respect of scheduled offences.— (l) For the purposes of

investigation under this Act, special sexual offences investigation units (SSOIUs) shall be
established in every district by the provincial governments and for the purposes of the Islamabad
Capital Territory by the Federal Government.

(2) The SSOIU shall comprise police officers who have received training on investigation
in relation to sexual offences and preferably one member of the unit shall be a female police
officer.

(3) The investigation in respect of offences mentioned under this Act shall be carried out
as follows:__

(i) for offences mentioned in Schedule-I, by the SSOIU; and

(ii) for offences mentioned in Schedule-II, by SSOIU under the supervision of a

police officer not below the rank of BPS-17.

(4) In case the complainant in relation to an offence under Schedule-II expresses

dissatisfaction which is based on reasonable grounds, the investigation shall be transferred to the
district head of investigation of the police.

(5) The officers of the SSOIUs shall ordinarily be from the area in which the occurrence
of the offence has taken place:

Provided that in exceptional circumstances and where the dictates of fair, accurate and
technical investigation warrant otherwise, officers from areas other than the area of occurrence,
may be deputed in the SSOIUs.

(6) Upon completion of investigation, the SSOIU shall, through the prosecutor general or
special prosecutors, submit the final report under section 173 of the Code before the Special
Court.

10. Connected offences not in the Schedules.— The investigation officer or the joint
investigation team (JIT), as the case may be, under section 9, may also take cognizance of
offences, not listed in the schedules, committed in connection with the scheduled offences, as if
those offences were scheduled offence.

11. Independent support advisers.— (1) If so determined by the anti-rape crisis cell, an
independent support adviser shall accompany the victim during Court proceedings, in order to

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reduce the risk of duress, victimization of any nature, or any adversity afflicted or likely to be
afflicted upon the victim.

(2) The special committee, in consultation with the ministry of human rights, shall
prepare a list of independent support advisers at district or tehsil levels.

(3) For the purposes of sub-section (2), the special committee shall, in consultation with
the ministry of human rights, enlist a civil society or a non-governmental organization, whose
members or nominees may act as independent support advisers.

(4) An independent support adviser shall be a person having skills to deal with victims of
scheduled offences, who may be a psychologist, or a doctor, or a lawyer, or a para-legal, or a
lady-health worker, or a social worker, or a person who is a member or nominee of a civil society
or a non-governmental organization enlisted under sub-section (3).

12. In-camera trial.— (1) The trial of scheduled offences shall be conducted in-camera:

Provided that the Court, if it thinks fit, on its own or on an application made by either of
parties, allow any particular person to have access to court proceedings, or remain in the Court.

(2) Notwithstanding anything contained in any other law for the time being in force,
where any proceedings are held under sub-section (1), the Court may adopt appropriate
measures, including holding of the trial through video-link or usage of screens, for the protection
of the victims and the witnesses.

(3) Where any proceedings are held under sub-section (1), it shall not be lawful for any
person to publish or broadcast any matter or information in relation to any such proceedings,
except with the permission of the Court.

13. Evidence and guidelines.__ (1) The two-finger virginity testing, for the purposes of
medico-legal examination of a victim relating to scheduled offences, shall be strictly prohibited
and no probative value shall be attached thereto.

(2) In respect of any scheduled offence, any evidence to show that the victim is generally
of immoral character, shall be inadmissible:

Provided that the right of an accused to a fair trial shall not be prejudiced.

(3) The testimonies and evidence of victims, accused and witnesses in Court shall be
video-recorded, preserved and reduced in writing.

14. Statement under section 164 of the Code.— (1) Notwithstanding anything
contained in any other law for the time being in force, as soon as practicable, a statement of the
victim shall be recorded under section 164 of the Code only once.

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 Explanation:— The statement under this sub-section shall be video-recorded, preserved
and reduced in writing.

(2) An opportunity of cross examining the victim shall be given to the counsel for the
accused and not the accused himself, or the Court may itself put questions to the victim or any
questions framed by the accused may be given to the presiding officer of the Court who may put
such questions, as found appropriate by him, to the victim.

15. Special Committee.— (1) The ministry of law and justice shall appoint a special
committee comprising such members and in such numbers as it may deem fit on pro bono or
honorary basis.

(2) Chief secretaries and the finance secretaries of the provincial governments and the
ICT shall assist the special committee to ensure reasonable funding for the performance of duties
under this Act. The special committee will set standards, key performance indicators and conduct
performance measurement.

(3) The special committee shall take all steps, including reaching out to any Federal or
provincial ministry, division, department, office, agency or authority, for the purposes of
effectual compliance of this Act.

(4) The special committee may comprise individuals from any Federal or Provincial
ministry, division, department, authority or office, or from members of the legal or medical
profession, legislators, retired judges, serving or retired public servants, civil society or non-
governmental organizations, as deemed fit by the ministry of law and justice.

(5) For the purposes of effective compliance and proper working of this Act, the special
committee, from time to time, may seek information or require the performance of actions, by
officers of the Federal or provincial ministries, divisions, departments, offices agencies or
authorities.

(6) If any person refuses or fails to comply with the directions issued by the special
committee under this section, the special committee may refer the matter to the appropriate
authority for taking disciplinary action against the person who disregards the directions.

16. Trial.—(1) The Court upon taking cognizance of a case, under this
Act shall decide the case expeditiously, preferably within four months.

(2) A Special Court shall not grant more than two adjournments during the trial of a case,
out of which one adjournment shall be upon payment of costs by the person seeking
adjournment. Where the defense counsel does not appear after two consecutive adjournments,
the Court may appoint another defense counsel with at least seven years standing in criminal
matters for the defense of the accused from the panel of advocates maintained by the special
committee.

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 (3) If, in the course of a trial, the Court is of the opinion that any of the offences which
the accused is alleged to have committed is not a scheduled offence, the Court shall record such
opinion and try the accused only for such offences, which are scheduled offences.

(4) A Special Court may also try offences, not listed in the schedules, committed in
connection with the scheduled offences, as if those offences were scheduled offences.

Explanation.— It is clarified that sub-section (4) shall also be applicable where the
provisions of the Anti-Terrorism Act, 1997 (Act XXVII of 1997) are invoked or invokable in
respect of offences under this Act.

17. Compensation to the victim.— On conclusion of the trial, the Court may order the
convict to pay compensation to the victim, in addition to the penalty of fine, if any.

18. Appeal.— (1) Any person aggrieved by the final judgment of a Special Court may
file an appeal to a High Court in whose jurisdiction the Special Court tendering the impugned
judgment, is situated.

(2) Copies of the judgment of the Special Court shall be supplied to the accused and
the prosecution, free of cost, on the day the judgment is pronounced, whereafter the record of the
trial shall be transmitted to the concerned High Court within three days of the decision.

(3) An appeal under sub-section (1) may be preferred within thirty days of the final
judgment by the Special Court.

(4) An appeal preferred under sub-section (1) shall be decided by a division bench of
the High Court, as soon as practicable, preferably within six months from its institution.

(5) While hearing an appeal, the High Court shall not grant more than two
consecutive adjournments.

(6) Pending appeal, the High Court shall not release a person convicted by the trial
court.

19. Rules.— (1) The ministry of law and justice may prescribe rules, upon the
recommendations of the special committee, for the purposes of carrying out the purposes of this
Act.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide
guidelines,—

(i) for the purposes of medico-legal examination of the victims;

(ii) in respect of the investigation and prosecution of scheduled offences; including

the collection and gathering of evidence;

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 (iii) in relation to the rehabilitation of the victim, offender, suspect or a member of the
society;

(iv) pertaining to gender and children sensitization and training of all relevant
stakeholders, including Judges, police-officers, prosecutors, medico-legal officers
and staff and other duty officers or personnel, both at the time of induction and
subsequently; and

(v) for providing special trial court rooms; or special moms or facilities for the
victims, especially children, near the trial court moms, for a conducive
environment.

(3) The special committee, in formulating its recommendations under sub-section (1),
may consult any ministry, division, office, department, agency or authority in the Federal or
provincial government and shall take into account modern techniques and devices, as it may
consider appropriate.

20. Fund.—(1) The Prime Minister shall establish a Fund to carry out the purposes of
this Act.

(2) The purposes of the Fund shall include the meeting of any expenses—

(a) towards the establishment of Special Courts; or

(b) with regard to the exercise of any other power, duty or function mentioned
in this Act; or

(c) in respect of anything which is ancillary or sundry for the purposes of this
Act.

(3) The Fund shall consist of the following sources, namely:—

(a) grants from the Federal Government and provincial governments;

(b) aid and assistance from local, national and international agencies;

(c) contributions from statutory bodies, corporations, private organizations

and individuals; and

(d) income and earnings from moveable and immoveable properties acquired
or leased by the Fund.

(4) The amount credited to the Fund shall not lapse by the end of a financial year and
shall be available for utilization at any time.

21. Preventive action by police.— If any police officer receives information in relation
to the commission or threat of commission of a scheduled offence, he shall immediately
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interpose, act and take such action as may be necessary including and not limited to the
exercising of powers under the Code, in particular sections 149 and 151 thereof, to prevent the
commission of such offences, notwithstanding that the offence reported has been committed in
an area not within the jurisdiction of such police officer.

22. False Investigation or complaint.—(1) Whoever, being a public servant,

entrusted to investigate scheduled offences, fails to carry out the investigation properly or
diligently or causes the conductor false investigation or fails to pursue the case in any court of
law properly and in breach of duties, shall be guilty of an offence punishable with imprisonment
of either description which may extend to three years and with fine.

(2) Whoever gives to any public servant any information in relation to scheduled
offences which he knows or believes to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the
true state of facts respecting which such information is given were known by him;
or

(b) to use the lawful power of such public servant to the injury or annoyance of any
person;

shall be punished with imprisonment of either description for a term which may extend to three
years and with fine.

23. Jurisdiction and transfer of cases, etc.— (1) The scheduled offences shall be
exclusively triable by the Special Court.

(2) Subject to sub-section (3), upon commencement of this Act, the trial of scheduled
offences pending in any court shall stand transferred to the Special Court having jurisdiction
under this Act and such Court shall proceed with the case from the stage at which it was pending
immediately before such transfer and it shall not be bound to recall or re-hear any witness who
has given evidence and may act on the evidence and procedures already recorded and complied
with, respectively.

(3) Each time when a new offence is inserted into any of the Schedules to this Act, sub-
section (2) shall come into operation, mutatis mutandis, from the date of such insertion.

24. Register of sex offenders.— (1) The National Data-Base and Registration Authority
(NADRA) shall prepare a register of sex offenders.

Explanation.— “sex offender” means a person convicted of a scheduled offence.

(2) Notwithstanding the aforesaid, the ministry of law and justice may prescribe rules,
upon the recommendations of the special committee, for the release of such data of the register
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of sex offenders to any person, agency, authority, court of law or segment of the society in public
interest and safety.

(3) The special committee may require the NADRA to prepare different categories of sex
offenders in the register under this section.

(4) For the purposes of this section, the special committee may require the NADRA, the
National Police Bureau and the forensic science laboratories, to prepare different categories of
sex offenders in the register.

25. Public reporting mechanism.— The ministry of law and justice. upon
recommendations of the special committee, frame rules for establishing a reporting mechanism
for receiving information from the public about suspicious persons or those suspected to have
committed the scheduled offences.

26. Non-disclosure of identity of victims, etc.— (1) No person shall disclose or reveal
the identity of any victim or victim’s family in respect of the scheduled offences, without prior
written permission of the victim or victim’s guardian where the victim is a minor or the victim’s
family, as the case may be.

(2) Any person contravening the provisions of sub-section (1) shall be guilty of an
offence punishable in the same manner and to the same extent as provided under section 376A of
the Pakistan Penal Code, 1860 (Act XLV of 1860).

27. Act not to derogate from other law.—In respect of offences mentioned in Schedule-
I, the provisions of this Act shall be in addition to and not in derogation of any other law for the
time being in force.

28. Overriding effect.— In respect of offences mentioned in Schedule-II, the provisions

of this Act shall have effect notwithstanding anything inconsistent contained in any other law for
the time being in force.

29. Application of Code.— The provisions of the Code, to the extent not inconsistent
with anything contained in this Act, shall apply mutatis mutandis.

30. Amendment in the Schedule.— The ministry of law and justice may, by notification
in the official Gazette, amend the Schedules under this Act so as to include or exclude any
offence or explanation.

31. Removal of difficulties.— Where any difficulty arises in giving effect to any of the
provisions of this Act, the President may, by notification in the official Gazette, make such order,
not inconsistent with the provisions of this Act, as may appear to be necessary for the purpose of
removing the difficulty.

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 SCHEDULE-I

1. Offences under sections 34, 292A, 292B, 292C, 354, 365, 365A, 368, 369, 369A,
498B, 498C, 511 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

2. Offences mentioned in Chapters V and V-A of the Pakistan Penal Code, 1860
(Act XLV of 1860).

3. Offences under sections 21 and 22 of the Prevention of Electronic Crimes Act,

2016 (Act XL of 2016).

4. Offences under the Anti-Terrorism Act, 1997 (Act XXVII of 1997) which are
committed along with the offences in this Schedule

Explanation.__ It is clarified that offences under sections 34, 365, 365A, 368, 369, 369A,
498A, 498C and 511 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and offences
mentioned in items Nos. 2 and 4, above, shall only be cognizable and triable as offences falling
under this Schedule, if they are connected with offences under sections 292A, 292B, 292C and
354 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and offences mentioned in item No.3
above.

SCHEDULE-II

1. Offences under sections 34, 336A, 336B, 354A, 364, 364A, 365B,366A, 366B,
367A, 371A, 371B, 375, 375A, 376, 377, 377A, 377B, 511 of the Pakistan Penal
Code, 1860 (Act XLV of 1860).

2. Offences mentioned in Chapters V, V-A and XVI of the Pakistan Penal Code,
1860 (Act XLV of 1860).

3. Offences under the Anti-Terrorism Act, 1997 (Act XXVII of 1997)

which are committed along with the offences in this Schedule.

Explanation.__ It is clarified that offences under sections 34, 364, 364A and 511 of the
Pakistan Penal Code, 1860 (Act XLV of 1860) and offences mentioned in items Nos. 2 and 3,
above, shall only be cognizable and triable as offences falling under this Schedule, if they are
connected with offences under sections 336A, 336B, 354A, 365B, 366A, 366B, 367A, 371A,
371B, 375, 375A, 376, 377, 377A and 377B of the Pakistan Penal Code, 1860 (Act XLV of
1860).

________________

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