Section 354 PPC No Longer a Scheduled Offense Under Anti-Rape Act 2021: Shift in Jurisdiction to Magistrate Courts

In a notable development under the Anti-Rape (Investigation and Trial) Act, 2021, the government has officially removed Section 354 of the Pakistan Penal Code (PPC) — which deals with “assault or criminal force to a woman with intent to outrage her modesty” — from the list of scheduled offences. This legal shift carries important implications for how such cases are processed within the country’s judicial system.

As a result of this change, Magistrate courts now hold the jurisdiction to take cognisance and conduct trials for offences under Section 354 PPC. Previously, such cases were handled by Special Gender-Based Violence (GBV) Courts set up under the Anti-Rape Act framework.

Judicial Focus Realigned

The rationale behind this amendment is twofold:

1. Reduce the burden on Special Courts by delegating less severe cases to lower courts.

2. Enable Special Courts to concentrate their resources and attention on more heinous sexual offenses, such as rape, gang rape, and child sexual abuse.

Legal experts note that this move is expected to streamline the case backlog in GBV courts and optimise the judicial process, ensuring that more severe and traumatic offences receive faster and more focused judicial attention.

A Step Toward Efficiency

While Section 354 PPC still remains a criminal offence under the law, its reclassification reflects a broader shift in legal strategy, prioritising judicial efficiency without diluting the seriousness of gender-based violence.

Critics have urged vigilance to ensure that the transfer of such cases to Magistrate courts does not result in delays or compromised justice, especially in rural or under-resourced areas. However, proponents argue that with clear procedural guidelines and oversight, this change will contribute to a more effective, tiered justice system.