PPC-HT

 

Provisions related to Human Tra Traffick ffick ing fr om the Pakistan Penal Penal Code Of Kidnapping, Abduction, Slavery and Forced Labour  359.

K i d n ap p i n g : Kidnapping is of two kinds: Kidnapping from Pakistan and kidnapping from lawful guardianship.

360.

Kid Kidna nappi pping ng from from any Pakis kista tan, n, beyond etc.: tc.: Whoever conveys person the limits of Pakistan without the consent of that that person, or  of some person legally authorised authorised to consent on behalf of that person is said to kidnap that person from Pakistan.

361

K id idn na ap pp pin ing g fro from m la law w fu full g gu ua ard rdia ian ns sh h iip p: Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, female, or any person of unsound mind, o out ut of the keeping keeping of the lawful lawful guardian of  such minor or person of unsound mind, without the consent of such guardian, said to kidnap such minor or person from law lawful ful guardianship. Explanation: The words "lawful guardian" in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception: This section does not not extend to the act of an any y person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

362.

Ab d uc ti on : Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

363.

Pu nis nish hm me en t fo forr k id id na nap p pin ing g: Whoever kidnaps any person from Pakistan or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

364.

Kid Kidna nappi pping ng or abdu abducti cting ng iin n ord orde er to murde murder: r: Whoever kidnaps or abducts any person in order that such person may be murdered or may be

so disposed of as to be put in danger of being murd murdered, ered, shall be punished with imp imprisonment risonment for  life or rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine,

Illustrations

(a)

A kidn kidnaps aps Z from from Pa Pakis kistan tan,, inten intendin ding g or knowin knowing g it to be like likely ly that that Z m may ay be be sacr sacrifi ificed ced to an idol. A has committed the offence defined in this section.

(b)

A fforc orcibl ibly y ca carr rries ies or enti entices ces 5 aw away ay ffrom rom his home home in o orde rderr that that B may be murd murdere ered. d. A has committed the offence defined in this section.

36 364-A. 4-A. Kidnapping or abducti ng a person under t he age of fo urteen:

Whoever kidnaps or abducts any person the age in any order that such person pers onso may be murdered or subjected to grievous hurt,under or slavery, or of to fourteen the lust of person or may be

 

disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or  to the lust of any person shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend extend to fourteen years and shall not be less than seven years. 36 365. 5.

Kidna Kidnapping pping or abduc abducting ting with inte intent nt se secre cretly tly a and nd wrongf wrongfully ully to confine confine p pers erson: on: Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine. 36 365-A. 5-A. Kidnapping or abducti ng for extorting property, valuable security, etc.: Whoever kidnaps or abducts any person for the purpose purpose of extorting from the person kidnapped or abducted, or from any person interested in the person kidnapped or abducted any property, whether movable or immovable, or valuable security, security, or to compel any person to comply with any other demand, whether in cash or otherwise, for obtaining release of the person kidnapped or  abducted, shall be punished with with death or imprisonment for for life and shall also be liable to forfeiture of property. 36 3655-B. B. Kidnapping, abducting or induci ng wom an to compel for marriage etc.: etc.: Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled , to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in this Code or of  abuse of authority or any other method of compulsion , induces any woman to go from any place wit intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. 36 366 6.

Kidna Kidnapping pping,, a abduct bducting ing or indu inducing cing woma woman n to compe compell her ma marria rriage ge,, e etc. tc.::  [Repealed]

36 3666-A. A. Procuration of minor girl: Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to to illicit intercourse with another another person shall be punishable with with imprisonment which may extend to ten years and shall also be liable to fine. 36 3666-B. B. Importation Importation of g irl fro m foreign countr y: Whoever imports into Pakistan from any country outside Pakistan any girl under the age of  twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or  seduced to illicit intercourse with another another person, shall be punishable punishable with imprisonment which which

may extend to ten years years and shall also be liable to fine. 36 367 7

Kidna Kidnapping pping or abduct abducting ing in o orde rderr to subjec subjectt person person to grie grievous vous h hurt, urt, slave slavery, ry, etc. tc.:: Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery or knowing it to be likely that such person will will be so subjected or disposed of shall be punished with imprisonment of either description description for a term which may extend to ten years, and shall also be liable to fine.

36 367-A. 7-A. Kidnapping or abducting in or der to subject person to unn atural lust: Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or  knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine. 36 368. 8.

Wro Wrongfull ngfully y conc concea ealing ling or keep keeping ing in confine confineme ment, nt, kidna kidnappe pped d or abducte abducted d pe person: rson:

 

Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person shall shall be punished in the same mann manner er as if he had kidnapped or  abducted Such person with the same intention intention or knowledge, or for the same purposes as that with or for which he conceals conceals or detains such person in confinement. 36 369. 9.

Kidna Kidnapping pping or abduct abducting ing ch child ild unde underr ten ten yea years with inte intent nt to steal steal from its its pe person rson :  Whoever kidnaps or abducts abducts any child under the age of te ten n years with the intention of taking dishonestly any movable property property from the person person of such child, shall be punished with

imprisonment description for a term which may extend to seven years, and shall also be liable to fine. of either description 370.

Buy Buying ing or dis dispos posing ing of any pe perso rson n as as a sla slave ve:: Whoever imports, exports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slav slave, e, shall be punished with imprison imprisonment ment of  either description for a term which may extend to seven years, and shall also be liable to fine.

371.

Hab itu itua al d e ea alin lin g in in s la lav es es : Whoever habitually imports, exports, removes, removes, buys, sells, traffics or deals in slaves. Shall be punished with imprisonment for life, or with imprisonment of either descr description iption for a term not exceeding ten years, years, shall also be liable to fine.

371371-A. A. Selling Selling person for purpose purposes s of prostitution, e etc. tc. Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral i mmoral purpose..... purpose..... 371371-B. B. Buying pe person rson for purposes purposes of prostitution etc. etc. Whoever buys

372.

Selling lling minor minor for purp purpose oses s of prosti prostituti tution, on, etc.: tc.:  [Repealed]

373.

Buy Buying ing minor minor for for purpo purpose ses s of prostit prostituti ution, on, etc.: tc.:  [Repealed]

374.

Un la law w ful ful c o omp mpu u lls s ory ory la lab bo ou u rr:: (1) Whoeve Whoeverr unla unlawf wfull ully y comp compels els any person person to labo labour ur agains againstt tthe he will will of that that perso person, n, s shal halll be punished with imprisonment of either description for a term which may extend to 1 [five] years or with fine, or with both.

(2)

Whoeve Whoeverr comp compels els a priso prisoner ner of war or a pr prote otecte cted dp pers erson on tto o serve serve in tthe he a arm rmed ed forc forces es of  Pakistan shall be punished with imprisonment of either description for a term which may extend to one year.

Explanation: In this section the expression expression "prisoner of war" and "protected person" shall have the same meanings as have have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of of Prisoners of War of August 12, 1949, a and nd Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951].