Law: Pakistan Penal Code, 1860

Section: 377/377-B,377-A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 377/377-B--Sexual abuse--The offence was primarily punishable with sentence of seven years’ imprisonment but later amended in a more stringent form with sentence of imprisonment up to 20 years, not less than 14 years with fine of Rs. one million--The Section 377-A, PPC being definition clause of offence of ‘Sexual abuse’ contains more than one situation, but limit of sentence is same for all sort of acts mentioned therein--Proposing such sort of sentence was not demand of international community nor a compulsion under a ratified United Nations Convention cited above, rather a wish of our legislative body which shows lack of proper study and care; otherwise, some countries under such covenant have proposed different types of offences with various forms of sentences--A comparative analysis of laws of some countries throws light--This type of legislation give rise to consideration that in fact, it may be said that all newly-made statutes are at first merely nominal law, and it requires a further process of growth, adaptation to actual conditions of society, and confirmation by tacit consent of members of community, before they can attain rank of essential law; however, instead of ripening gradually into essential law, such statutes are eliminated in course of time by one of three processes: repeal; obsolescence; and destructive interpretation by Courts--He concluded that it is from this source that principal reason is drawn for general amnesties, in case of those complicated offences which spring from a spirit of party--In such cases it may happen that law envelopes a great multitude, sometimes half total number of citizens, and perhaps more than half--Will you punish all guilty? Will you only decimate them? In either case evil of punishment is greater than evil of offence--If a delinquent is loved by people, so that his punishment will cause national discontent; if he is protected by a foreign power whose good-will it is necessary to conciliate; if he is able to render nation some extraordinary service;-in these particular cases grant of pardon is founded upon a calculation of prudence--It is apprehended that…

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