Law: Prevention of Electronic Crimes Act, 2016

Section: 20,21,24

Law: Pakistan Penal Code (PPC),1860

Section: 383, 506-B

Law: Code of Criminal Procedure, 1898

Section: 497,497(2)

Summary:

Muhammad Yousif applied for post-arrest bail in Crime No. 25 of 2024, registered at FIA Cyber Crime Reporting Centre, Sukkur, under Sections 20, 21, and 24 of the Prevention of Electronic Crimes Act, 2016 (PECA-2016), read with Sections 383 and 506-B of the Pakistan Penal Code (PPC). The complainant, Huma Noor, alleged that Yousif blackmailed, harassed, and threatened her by using her nude videos and obscene pictures, demanding money and attempting to coerce her into a physical relationship. He allegedly disseminated her private material to her family and relatives via Snapchat and WhatsApp.

The applicant claimed innocence, arguing the matter had been resolved out of court and that the offences did not fall under the prohibitory clause of Section 497 Cr.P.C., thus entitling him to bail. The complainant also did not object to bail due to the out-of-court settlement.

The trial court dismissed the bail application on jurisdictional grounds, stating that the offences fell under the Anti-Rape (Investigation and Trial) Act, 2021, as scheduled offences, and should be tried by the Special Gender-Based Violence (GBV) Court. However, the prosecution clarified that while Section 21 PECA is a scheduled offence under the Anti-Rape Act, the present case does not involve rape or sexual assault, so it should be tried under PECA’s designated courts.